HomeMy WebLinkAboutReso 193-1985 RESOLUTION NO. 193-85i
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF A DEVELOPMENT AGREEMENT FOR
THE DUBUQUE AVENUE PRO~ECT
BE IT RESOLVED by the City Council of the lCity of South San Francisco that:
1. Approval of Agreement.
The Agreement entitled "Agreement for lConstruction of Off-Site Public
Improvements" between the City of South San Francisco and Crow-Spieker-Singleton,
#116 as a condition of Use Permit No. 85-713 (!Dubuque Project) is hereby approved,
and a copy of said Agreement is attached hereto as Exhibit "1."
2. Execution of Agreement.
The Mayor is hereby authorized to execute said Agreement on behalf of
the City, and the City Clerk attest his signature thereto.
I hereby certify that the foregoing ResolUtion was regularly introduced and
adopted by the City Council of the City of South San Francisco at a regular
meeting held on the 11th day of September : , 1985 , by the following
vote:
AYES:
Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haf~fey,
Gus Nicolopulos; and Roberta Cerri Teglia
NOES: None
ABSENT: None
ATTEST:~rk~e
EXHIBIT "A" TO RESOLUTION NO. 193-85
AGREEMENT
FOR CONSTRUCTION OF OFF-SITE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made and entered into as of this 27th day of ...
September , 19 85 , by and between the City of South San
Francisco, a municipal corporation, hereinafter designated "City", and
Crow-Spieker-Singleton, #116, a Limited Pari~nership hereinafter designated
"Developers," both of whom understand and agree as follows:
WI TNESSETH:
WHEREAS, Developers have agreed to cons~:ruct certain off-site improvements
as a condil~ion for City's approval of Use Permit No. 85-713 (DubuQue Project"),
and
WHEREAS, City is willing to accept said public improvements provided
Developers will construct and install the public improvements at their sole
cost and expense and in accordance with the provisions as herein set forth;
NOW, THEREFORE, in consideration of the aforegoing premises, and the
covenants and conditions herein contained, it is agreed as follows:
1. Dedication of Easements and Perfornlance of Work.
Developers shall, at their own expelnse, furnish, or cause to be furn-
ished, all labor, supplies, equipment and maiterials and do, or cause to be done,
in a good and workmanlike manner all of the following works and improvements
outside of the DubuQue Project, to wit: Imp!rovements and required items of
work described in Exhibit "A" attached h~retio. The cost of such improvements
and required items of work is estimated to be $267,037.05. Developers shall
also do all the work and furnish all mater~'als necessary tn the oplnJon of the
Ctty.£ngineer to complete_ the work in accordance with the plans and specifications
and amendments thereto.
2. Work; Places andGrades to be Ftxed by CityEngtneer;
All of said work
the manner and at the grades, as shown on the plans and specifications 'therefor,
previously approved by the City Engineer and now on file ~n hts offtce, and to
the satisfaction of said City Engineer.
3. Work; Ttme for Commencement and Performance.
City hereby fixes the time for the commencement of said work to beon
or before the 2nd of September, lgS§, and for its completion to be withtn six (6)
'months thereafter. At least (15) calendar days prior to the commencement o~ wOrk
hereunder, Oevelopers $hall notify the City Engineer tn writing of the date ftxed'
by Developers for cemmencement thereof, so that the City Engineer shall be able to
provfde services of inspection.
4. Time of Essence - Extensfon.
Time ts of the essence of this Agreement, provided that i.n the event-
good cause ts shown therefor, the City Council may extend the time for completion
of the Improvements hereunder. Any such extension may be granted without notice
to the Developers' sureties, and extensions so granted without nottce to the
Developers' sureties shall not relieve the sureties' 1lability on the bonds to
secure the faithful performance of this Agreement and to assure payment of all
persons performing labor and materials.in connection with this Agreement~. The "
City. Council shall be the so~e and final judge as to whether.or not goOd cause
has been shown to entitle Developers to an extenston~ ....
Repairs and Replacements~
Developers shall replace or have replaced, or repair or have repaired,.
as the case may be, all pipes and monuments whichare destrOYed or damaged, and
Developers shall replace or have replaced, repair or have repaired, asthe case
may be, or pay to the owner the entire cost of replacement or repairs, of any and
all property damaged or destroyed by reason of any work done hereunder, whether
such property be owned by the United States or any agency thereof, by the State
of California, or any agency or political subdivision thereof, or by any combina-
tion of such owners. Any such repair or replacement shall be to the satisfaction,
and subject to the approval, of the City Engineer or said'corporation, person or
agency.
6.
Permits; Compliance with Law. m''
Developers shall, at Developers' expense, obtain all necessary permits
and licenses for the construction of such improvements, give all necessary
notices and pay all fees and taxes required by law.
7. ~upert ntendence by Oeveloper.
Developer shall give personal superintendence to the work. on said-improve-
ments, or have a competent foreman or superintendent,-sattsfactorY to the City~
Engineer, on the work site .at all times duri~ng progress, with authority to act
for Developers. ..
Inspection by City.
Developers shall at all times maintain proper~f?ciltttes,· and provide
safe access for inspection by City to all parts of the work and to the-shops
wherein the work is in preparation.
9. Contract Security~
Concurrently with the execution hereof, developers shall' furnish:
!
(1) a surety bond in an amount equal to at least one hundred percent (100%)
of the estimated cost of the construction and completion of the works and
improvements described in Exhibit 'A" attached hereto, as security for the
faithful performance of this Agreement; and (2) a separate surety bond in an
amount equal to at least one hundred percent (100%) of the estimated cost of
the construction and completion of the work)s and improvementS described in
Exhibit "A~ attached hereto, as security* for the payment of all persons
per'forming labor and furnishing materials in connection with this Agreement.--
Developers shall require all 'subcontractors to file a labor and materials
corporate surety bond as security for payment of all persons furnishing labor
and materials in connection with this Agreement.
10. Hold Harmless Agreement.
(al Developers shall hold harmless, indemnify and, at City,s request,
defend City, its officers, employees, agentS, boards and commissions, whether
elected or appointed, from and against all claims, demands, actions, causes
of action, losses, damages, liabilities, costs and expenses, including but
not limited to*reasonable attorney'~s fees or obligations, for or in connec-
tion with personal injury (including, but not limited to, death) or damage
to property (both real and personal) which arises out of or is in any way
connected with the negligent act, error or omission'of developers its agents,
subcontractors or employees in connection with the performance of this Agree'
ment~
(b). In order to make certain that developers have adequate resources to
fully carry out its*responsibilities pursuant to Subparagraph (al aboVe,.de-
velopers shall file with the City proof that DeveloPer's profesSional
!
consultants (including any soils engineer or civil engineer) employed by
developer in connection with the work described herein, maintain professional
liability (e.g~ errors and omissions) insurance during the life of this Agree-
ment. Said insurance shall be in an amount of not less than One Million
Dollars ($1,000,000), shall contain a provision that such insurance shall not
be reduced or cancelled except upon thirty (30) days written notice to City
and shall be subject to the approval of the City Attorney as to form, amount
and carrier.
11. Oevelopers' Insurance.
1. The developers shall take out and maintain during the life of this
Agreement the following policies of insurance:
(al Worker's Compensation and employers' liability-insurance in the
statutory coverage. In signing this Agreement, the Consultant makes the follow-
ing certification:
"I am aware of the provisions of Section 3700 of the
California.Labor Code which require every employer to
be insured against liability for Workers' Compensation
or to undertake self-insurance in accordance with the
provisions'of the Code, and I will comply with such
provisions before co~nencing the performance of the
work of this Agreement.'
(b) Public Liability Insurance: In an amount not less than FIVE HUNDREO
THOUSAND DOLLARS ($500,000.00) for injuries including, but not limited to, death
· to any one person and subject to the same limit for each person, in an amount not
less than ONE MILLION ODLLARS ($1,000,000.00) on account of any one occurrence'.
(c) Property Damage Insurance: In an amount not less than FIVE HUNDREO
THOUSAND DOLLARS ($500,000L00) for damage to the property of each Person on account
of any one occurrence~
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m
id) Contractual Liability Insurance: Developers shall take out and
maintain during the life of this Agreement.an insurance policy in the amount of
at least ONE MILLION DOLLARS ($1,000,000.00), insuring City, its elective and ~
appointive boards, commissions, officers, agents and employees, and developers
against damages sustained by reason of any action or actions at law or in equity,
and/or any claims or demands by reason of any breach or alleged breach of any
contract, or provisions thereof, or by reason of any contractual liability, or
~lleged contractual liability arising out o~ any contract entered into by
developers and/or any of its agents or employees in order to perform the work
defined herein,
(e) It is agreed that the insurance required by Subsections b, c
and d shall be in an aggregate amount of not less than One Million Five Hundred
Thousand Dollars ($1,500,000) and shall be extended to include as additional
lnsureds the City of South San Francisco, its elective and. appointive boards,
officers, agents and employees, with respect to operations performed by the
developers as described herein. Evidence of the insurance described above shall ....
be provided to CITY upon execution of this agreement and shall be subject to
approval by the City Attorney as to form, amount and carrier~ The policy of
insurance shall also contain a provision indicating that such-insurance shall
not be reduced or cancelled except upon thirty (30) days written notice to ClTYL
In addition, the following endorsement shall be made on said policy of insurance[
Notwithstanding any other Provisions in this
policy, the insurance afforded hereunder to
the City of South San Francisco shall be pri-
mary as to any other-insurance or reinsurance
covering or available 'to the City of South San
Francisco, and such other insurance or reinsur-
ance shall not be required to contribute to any
liability or loss until and unless the approxi-
mate limit of liability afforded hereunder is
exhausted."
12, Title to Improvements:
Title to, and ownership of, a11 improvements constructed hereunder by
Developers shall vest absolutely in City~ ~
13L Repair or Reconstruction of Oefective WorkL
If, within a period of one year after final acceptance of the work
performed under this Agreement, any structure or part of any structure furnished
and/or installed or constructed, or caused to be installed or constructed by
l)evelopers, or any of the work done under this Agreement, fails to fulfill any
of the requirements of this Agreement or the specifications referred to herein,
or prove to be defective or become damaged because of differential settlement,
action of the elements, or ordinary usage, except for catastrophic events,
X)evelopers shall without delay and without any cost to City repair or replace or
reconstruct any defective or otherwise unsatisfactory part or parts of the work
or structure. Should Developers fail to act promptly or in accordance' with this
requirement, or should the exigencies of the case require repairs or replacements
to be made before Developers can be notified, City may, at its option, make the
~ecessary repairs or replacements or perform the necessary work, and Oevelopers
shall pay to City the actual cost of such repairs plus fifteen (15~) percent.
Oevelopers shall at the time of acceptance of said improvements by City or other
public agency file with City a corporate surety bond in the principal sum of
T~enty Six Thousand Seven Hundred Four Dollars ($26,704.00) to secure the under-
taking and obligations set forth in this provision. The provisions of the fore-
going paragraph shall not apply.to common greens,
14, Developers not Agent of City~
Neither Oevelopers nor any of Developers' agents or contractors are or
shall be considered to be agents of City in connection with the performance of
Oevelope~s' obligations under this Agreement.
15L Cost of Engineering and ZnspectionL
Developers shall pay City the actual cost to City for all Inspection
and other services furnished by City in connection with the construction of th~
above required improvements, plus twenty-two percent'thereof for administrative
overhead. City shall furnish periodic statements of all charges for services
performed by City, and Developers shall complete payment of such charges within
ten (10) days after receipt thereof~
16. Notice of Breach and Default. ,
[f Developers refuse or fail to obtain prosecution of the work, or any
severable part thereof, with such diligence as will insure its completion wtthtn
the time specified, or any extensions thereof, or fails to obtain completion of
said work within such ttme, of if the Oevelopers should be adjudged a bankrupt,
or Developers should make a general assignment for the benefit of Developers'
creditors, or if a receiver should be appointed tn the event of Oevelopers'
Insolvency, or if Developers or any of Developers' contractors, subconstractors,
agents or employees should violate any of the provisions of the Agreement, the City
Engineer or City Council may serve written notice upon Developers and Oevelopers'
Sureties of breach of this Agreement, or of any portion thereof, and default of
Developers..
17L Breach of Agreement; Performance by Surettes or CityL
Zn the event of any such notice, Developers' sureties shall have the
duty to take over and complete the work and the Improvement herein specified;
provided, however, that if the sureties, wtthtn five days after the serving
upOn. tt of such notice of breach, does not give City 'written notice of its inten-
tion to take over the performance of the contract and does not commence performance
thereof within five (5) days after notice to the City of such election, City may
take over the work and prosecute the same to completion, by contract or by any
other method Cit)` ma)` deem advisable, for the account and at the expense of
Oevelopers, and Oevelopers' sureties shall be ~iable to £it~v for an)' excess cost
or damages occasioned C;it)` thereb)`; and, in such event, tit)`, without 11ability
&
1eot so doing, may 'take possession of, and utilize ~n completing the work, such~
materials, appliances, plant and other propert)` belonging to Oevelopers as may
be on the Site of the work and necessary therefor.
18~ Erosion ControlL
Oevelopers shall furnish landscape plans and adequately provide for
eroston control. Landscaping and irrigation improvements shall be installed
to the satisfaction of the Director of Recreation and C~unit)` ServtcesL
19. Trenching and Back-Filling.
Oevelopers shall require that all trenching and backfilling within and
outside the property lines for utility lines, including sanitary, storm, water
and any other purposes, shall be done under the inspection of a sotls engineer
who shall test the trenching and back-filling with a sufficient number of soil
tests to secure the proper compaction. Oevelopers shall further requlre that a
certificate be filed wtth the tit)` stating that said trenching and backfilling
has been performed in accordance wtth the soils engineer's recemmendattonsL
20~ ~lottces~
All notices herein required shall be in writing, and delivered in
person or sent by certified mail, postage prepatd: tlotices required to be
given to City shall be addressed as follows:
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fo1 lo~s:
City Clerk
City Hall, P.O. Box 711
South San Francisco, CA. 94083
Notices required to be given to Developers shall be addressed as
CROW-SPIEKER-SINGLETON, a Limited Partnership
2180 Sand.!Hill Road
M~nlo Park, CA 94025
Notices required to be given sureties of Developers shall be
addressed as follows:
provided that any party or the sureties may change such address by notice in
writing to the other party and thereafter notices shall be addressed and
transmitted to the new address.
21. As-built Drawings.
Developer shall furnish City reproduceable plastic film as-built
drawings of the public improvements of a quality acceptable to the City Engineer
together with a certification by Developers" engineer that said imorovements have
been constructed in accordance with the approved plans and specifications~ De-
veloper shall furnish City with said as-built drawings concurrently with Develop-
ers' request for acceptance of said improvements by City.
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'22. Parties Obligated.
Developers' agree that this Agreement shall bind Developers and his
successors in interest, heirs and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the d~ and year first above written.
CITY:
Ci~ of Souith San Francisco, a
municipal c)orporation
ATTEST:
DEVELOPERS:
CROW-SPIEKER-SINGLETON #116,
a Limited Partnership,
By:
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EXHIBIT "A"
Improvements and required Items for work for
800-890 Dubuque Avenue, South San Francisco,
Agreement Dated
Suddtvider shall construct, furnish end install all public improvements
in accordance with the following drawings entitled 'Plans for the Con-
struction of Storm and Sanitary Sewers )Adjacent to the Lands of Trammell
Crow, South San Francisco, California' (Job. No. 82107-2) and all approved
revisions thereof, prepared by Kter & Wright, Civil Engineers and Surveyors,
Znc. and signed by Eugene R. Golobic C~R.C.E. No. 30441):
Sheet C-1
~heet C-E
~heet C-~.1
of 8 sheets, dated May IS, 1985, Revised August 12, 1985
of 8 sheets, dated May 15, 1985, Revised August 12, 1985
of 8 sheets, dated August 7, 1985 Revised August 12, 1985
(prepared by Design and £~glneertng Systems, Inc.)
of 8 sheets, dated May IS, 1985, Revised August 12, 1985
of8 sheets, dated May 15, 1985, Revised August 12, 1985
of 8 sheets, dated May ISr, 198S, Revised August 12, 1985
of8 sheets, dated May IS, 198S, Revised August 12, 1985
of 8 sheets, dated August 7, 1985, Revised August 12, 1985
Sheet C-3
Sheet
'Sheet C-b
'Sheet C-b
Sheet C-I
Subdivider shall file complete as-built improvement and utility plans prior
-to final acceptance of the work ~erfemed under this Agreement. Said plans
shall consist of the original tract~ er ~ermanent "Mylar" transparencies
of a quality which complies with tae Staedards of the City of South San
Francisco as administered by the Ctt~ [~laeer, and two sets of blue line .....
The subdivider shall obtain all nece~ar~ I~ermtts or rights-of-entry
from all affected agencies or pro~q~lr emery, at no cost. to' the City, prior
to commencing the work authorized I~
Approved l
City Engineer
OYSTER
17 18
I- 7
13 ~
< 14
8
II I0
3B
2
E~ST GRAND AVE.
Location MaD
% OFF-SITE IMPROV~kFfS FOR 800-890 DUBUQUE AVE~r~E
Scale: 1 "~400 '
LeKend
New 60" Storm Drain
New 8" Sar~itary Sewer
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