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HomeMy WebLinkAboutResolution No. 5045RESOLUTION NO, 5045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREEMENT FOR SUBDIVISION IMPROVEMENTS IN TERRA LINDA UNIT 26 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute on behalf of the City of San Rafael, an agreement with MICHAEL J. SMITH AND CARLOS E. GONZALEZ FOR SUBDIVISION IMPROVEMENTS IN TERRA LINDA UNIT 26 SUBDIVISION, a copy of which is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a REGULAR meeting of the City Council of said City held on MONDAY, the 6TH day of OCTOBER, 1975, by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini MARION A. GRADY, City Cler AGREEMENT (SUBDIVISION 'IMPROVEMENTS) THIS AGREEMENT is made this 6th day of October, 1975, and is entered into by and between the City of San Rafael, hereinafter referred to as "City", and Michael J. Smith and Carlos E. Gonzalez , hereinafter referred to as "Subdivider", both of whom understand as follows: RECITAL'S: Subdivider has presented to City for approval a Parcel Map (hereinafter called "Map") entitled " Terra Linda Unit 26 Subdivider has requested approval of the map prior to the construction V and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, o; appurtenant to, the subdivision (hereinafter called "subdivision") designated in the map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which plans and specifications are now on file in the office of the City Engineer of City. Planning Commission of said City on the [ [V T14 day of 3FK-NL2M-'ZY , 1975, approved said Map, and City does not accept the improvements and dedications therein offered, or some thereof, with the exception of the surface improvements to a portion of Butternut Drive, as shown on the approved plans, on condition that Subdivider enter into and execute this agreement with City, and meet the requirements of said Planning Commission approval. NOW THEREFORE, for and in consideration of the approval of the Map and of the acceptance of the dedications or some thereof, therein offered, and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said ordinance, the parties agree as follows: 1. Performance of Work Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all required materials, all under the direction and to the satisfaction of the City Engineer of City, all of the following work and improvements within the subdivision, to wit: Construct and complete all of the improvements, including all, but not limited to, streets, highways or public ways and public utility facil- ities which are a part of, or appurtenant to, the subdivision designated in the said map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, or appurtenant to, or outside the limits of said subdivision, which plans and specifications are now on file in the office of the City Engineer of City, and Subdivider shall also do all other work and furnish all other materials necessary in the opinion of the City Engineer, and on his order, to complete the improvements in accordance with the plans and specifications on file as herein- before specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. 2. Work; Places and Grades to be fixed by Engineer. All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the plans and specifications therefor, heretofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. 3. Work; Time for Commencement and Performance. City hereby fixes the time for the commencement of said work to be on the 6th day of October 19 75 , and for its completion to be prior to the issuance of any building permits, or within 365 calendar days, whichever comes first. At ` least fifteen calendar days prior to the commencement of work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that City Engineer shall be able to provide services of inspection. !M 4. Repairs and -Rep] acements. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace or have replaced, repair, or have repaired, as the 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, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combin- ation of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 5. Utility Deposits - Statement. Subdivider shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the map, a written statement signed by Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. permits; Compliance with Law. Subdivider shall, at Subdivider's 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. Superintendence by Subdivider. Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satis- factory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. -3- 8. inspection by City Engineer._ , All improvements required hereunder shall be inspected by City Engineer. Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City Engineer, to all parts of the work, and to the shops wherein the work is in prepar- ation. 9. Contract Security. Concurrently with the execution hereof, Subdivider shall furnish: (1) a surety bond in an amount equal to at least one hundred per- cent of the contract price 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 of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this agreement. The surety on each of said bonds and the form thereof shall be satisfactory to the City Attorney. 10. Hold -Harmless Agreement. Subdivider hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider's or Subdivider's contractors', subcontractors', agents' or employees' operations under this agreement, whether such operations be by Subdivider or by any of Subdivider's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Subdivider or any of Subdivider's contractors or subcontractors. Subdivider agrees to, and shall, defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows: a. That City Foes not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold - harmless agreement, because of the acceptance by City, or the deposit with City by Subdivider, of any of the insurance policies described in paragraph 12 hereof. -4- b. That the aforesaid hold -harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regard- less of whether or not City has prepared, supplied or approved of, plans and/or specifications for the subdivision, or regard- less of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 11.Subdivider's Insurance. Subdivider shall not commence work under this agreement until Subdivider shall have obtained all insurance required under this paragraph, nor shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. a. Compensation Insurance. Subdivider shall maintain, during the life of this agreement, Workmen's Compensation Insurance for all Subdivider's employees employed at the site of improvement, and in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workmen's Compensation Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. In case any class of employees engaged in work under this agreement at the site of the project is not protected under any Workmen's Compensation law, Subdivider shall provide, and shall cause each contractor and sub -contractor to provide, adequate insurance for the protection of employees not otherwise protected. Subdivider hereby indemnifies City for any damage resulting to it from failure of either Subdivider or any contractor or subcontractor to take out or maintain such insurance. b. Public Liability and Property Damage Insurance. Subdivider shall take out and maintain during the life of this agreement such public liability and property damage insurance -5- as shall insure City, its elective and appointive boards, com- missions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Subdivider's or any contractor's or subcontractor's oper- ations hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or by anyone directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows; (1) Public Liability Insurance. In an amount not less than $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 $1,000,000.00 on account of any one occurrence; (2) Property Damage Insurance. in an amount of not less than $100,000.00 for damage to the property of each person on account of any one occurrence. c. Cross -Liability Endorsement. In the event that any of the aforesaid insurance policies pro- vided for in this paragraph 11 insures any entity, person, board or commission other than those mentioned in this paragraph, such policy shall contain a standard form of cross -liability endorse- ment, insuring on such policy City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this agreement. 12. Evidence of Insurance. Subdivider shall furnish City concurrently with the execution hereof, with satisfactory evidence of the insurance required, and evidence that each carrier is required to give City at least ten days' prior notice of the cancellation or reduction in coverage of any policy during the effective period of this agreement. 10 13. Repair or Reconstruction of Defective Work. 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 Subdivider, or any of the work done under this agree- ment, fails to fulfill any of the requirements of this agreement or the specifications referred to herein, Subdivider 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 Subdivider 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 Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus fifteen (15) percent. 14. Subdivider not Agent of City. Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this agreement. 15. Cost of Engineering and Inspection. Subdivider shall pay to the City all inspection costs as required by Section 15.20.070 of the San Rafael Municipal Code. 16. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's contractors, -7- subcontractors, agents or employees, should violate any of the pro- visions of this agreement, City Engineer or City Council may serve written notice upon Subdivider and Subdivider's surety of breach of this agreement, or of any portion thereof, and default of Subdivider. 17. Breach of Agreement; Performance by Surety or City. In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that if the surety, within five days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider; and Subdivider and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. 18. Notices. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to City shall be addressed as follows: CITY OF SAN RAFAEL, C/O CITY ENGINEER, CITY HALL, SAN RAFAEL, CALIFORNIA. Notices required to be given to Subdivider and/or Subdivider's surety shall be addressed as follows: Gonzalez & Oberkamper, Civil Engineers, Inc. 10 Paul Drive, San Rafael, California 94903 provided that any party or the surety may change such address by notice in writing to the other party, and thereafter notices shall be addressed and transmitted to the new address. 19. Warranty that Plans and Specifications are Adequate. Subdivider warrants that the plans and specifications above described are adequate to accomplish all of the improvement work contemplated by this agreement in a good and workmanlike manner, and in accordance in with accepted construction practices. Should said plans and speci- fications at any time within a period of one year after final accept- ance of the work performed hereunder prove to be inadequate in any respect, then Subdivider does agree to make such changes as are necessary to accomplish said work in a good, workmanlike manner, and in accordance with accepted construction practices. 20. Attorney's Fees and Expenses of Litigation. Should City be required to institute legal action to compel perform- ance of this agreement, Subdivider agrees to pay all reasonable attorney's fees, costs of suit, and all other expenses of litigation incurred by City in connection therewith. 21. "As Built Plans". A complete improvement and grading plan "as built" shall be filed with the City Engineer upon completion of the said work and improvements. (If the Subdivider executing this agreement is a corporation, a certified copy of the By -Laws or Resolution of the Board of Directors authorizing officers of said corporation to execute this agreement shall be annexed hereto.) APPROVED AS TO SUFFICIENCY: 62k City Engineer City Manager APPROVED AS TO FORM: Z C�ky tto�ney CITY OF SAN RAFAEL (Seal) By __ e're" Mayor 1-2 gy-1. City Cqr7c y City OEM Michael J. Smith and Carlos E. Gonzalez Subdivider B Il WC J i