Loading...
HomeMy WebLinkAboutCC Resolution 9446 (Montevideo Terrace Subdivision)RESOLUTION NO. 9446 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING FINAL MAP OF SUBDIVISION ENTITLED "MAP OF MONTEVIDEO TERRACE" WHEREAS, the Planning Commission of the City of San Rafael, State of California, did on August 15. 1995 in writing, recommend to the City Council of said City the approval of the final map of "Map of Montevideo Terrace", consisting of four (4) sheets, hereinafter referred to; and WHEREAS, it appears to said City Council and said City Council hereby finds and determines said map is in conformity with the requirements of the Subdivision Ordinance, Title 15 of the San Rafael Municipal Code pertaining to subdivisions, and that said City Council is satisfied with the plan of the subdivision. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San Rafael, California, that the final map of said subdivision, approved by the Planning Commission of said City on August 15, 1995, and entitled, "Map of Montevideo Terrace", be and the same is hereby approved and that the Clerk of said City be and is hereby authorized and directed to execute the certificate upon the face of the map of the approval thereof and, upon the filing with the City Clerk of the agreement and bond (or deposit) with the approval thereof all as required by Sections 15.20.060, 15.20.080, and 15,20.090 of said Subdivision Ordinance, to transmit said map to the Clerk of the Board of Supervisors of Marin County. IT IS FURTHER RESOLVED, that the certain agreement entitled "AGREEMENT (SUBDIVISION IMPROVEMENTS) "Map of Montevideo Terrace", being the agreement required by Section 15.20.080 of said ordinance, shall, when executed and filed by or on behalf of the subdivider and approved by the City Attorney and City Manager as provided in Section 15.20.060 of said ordinance, be executed on behalf of said City by the Mayor and City Clerk, and said officers are hereby authorized and instructed so to do. IT IS FURTHER RESOLVED, that upon execution, filing and approval of said agreement and bond and the recordation of said map, all in accordance with the requirements of said ordinance appertaining to said agreement and bond and the ORIGINAL q<L recordation of said map, the City accepts the dedication of all public streets, and drainage easements, all as shown thereon for public use as such. I, JEANNE. M. LEONCINI, 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 Council of said City on Tuesday, the 5th day of September, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, He.11ex, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2 JEA E M. LEONCI�ityClerk` City of San Rafael • California Subdivision Agreement for the Construction of Public Improvements THIS AGREEMENT is made and entered into by and between the City of San Rafael (hereinafter referred to as "City"), and Waterford Assoicates (hereinafter referred to as "Subdivider"). RECITALS: Subdivider has presented to City for approval a final subdivision map entitled: " Montevideo Terrace " The map has been filed with the City Engineer of City and will be timely filed with the City Clerk for presentation to the City Council of the City for its approval, which map is hereby referred to and incorporated herein. Subdivider has requested approval of the map prior to the construction and completion of improvements, including all streets, highways or public ways and public utility facili- ties which are a part of. or 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 out- side the limits of Subdivision, which plans and specifications are now on file in the office of the City Engineer of the City. This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 15 of the San Rafael Municipal Code. 1. Performance of Work All of the work and improvements and materials shall be done, performed and installed in strict accordance with the approved plans and specifications for said work on file in the office of the City Engineer of City, which said plans and specifications and stan- dards are hereby referred to and adopted and made a part of this agreement. In case there are not any standard specifications of City for any of said work, it is agreed that the same shall be done and performed in accordance with the standards and specifica- tions of the State of California Department of Transportation. Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good workmanlike manner, and furnish all required materials, all under the direction and to the satisfaction of the City Engineer of City, who shall endorse his approval thereon, all of the following work and improvements related to the Subdivision as shown on the im- provements plans and drawings entitled: "Improvement Plans, Montevideo Terrace" and subject to the conditions. requirements and recommendations as set forth in the reports of the City Engineer and Planning Director, which reports shall be incorporated herein by reference. Further incorporated herein and made a part hereof by reference are the appropriate resolutions of the Planning Commission and of the City Council ap- proving Subdivider's tentative map. Subdivider shall also do all work and furnish all materials which, in the opinion of the City Engineer and on his order, are necessary 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. Soils Engineering Contractor It is mutually agreed that the City shall determine the soils engineering firm to perform required soils testing and investigation during the construction of public improvements. 3. 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, approved by the City Engineer and upon which he has endorsed his approval, and to the satisfaction of the City Engineer. 4. Work. Time for Commencement and Performance City hereby fixes the time for the commencement of said work to be not later than six (6) months after date of this agreement, and for its completion to be within 365 calendar days from the date when the map is approved by the City Council. At least fifteen (15) calendar days prior to commencement of work here under, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that the City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that the City Engineer shall be able to provide services for inspection. 5. Time is of Essence - Extension Time is of the essence of this agreement; provided that in the event good cause is shown therefor, the City Council may extend the time for completion of the improvements here under. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this agreement. The City Council shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an ex- tension. 6. Repairs and Replacements 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 dam- aged. 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 here under, whether such property be owned by the United States or any agency thereof, or the State of California, or any public agency or political subdivision thereof, or by the City or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval of the City Engineer. 7. Utility Deposits. Provision Subdivider shall make all deposits legally required by each public utility corporation in- volved in the provision of services for the subdivision for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision, and shall ensure that utilities are available to said subdivision prior to final occupancy thereof. 8. 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. 8.5 Improvement Requirements on Land Not Owned by Subdivider or City In accordance with Section 66462.5 of the Government Code, the City requires the Subdivider to pay the cost of acquiring offsite real property interests required in con- nection with the subdivision, including but not limited to, appraisal fees, title reports, surveying of land to be acquired. witness fees, attorney fees and all costs of acquisition whether by settlement with property owners or eminent domain proceedings. The Subdivider may secure the performance of this provision by separate improvement security subject to the approval of the City Attorney. 9. Superintendence by Subdivider Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. 10. Inspection by City Subdivider shall at all times maintain proper facilities, and provide safe access for in- spection by City to all parts of the work and to the shops wherein the work is in prepa- ration. The Subdivider shall pay overtime incurred by City inspectors whenever the Subdivider elects to work on Saturdays. Sundays, and holidays, he shall also pay over- time incurred by City Inspector when Subdivider works any overtime hours. The in - Subdivision Agreement • 2 spection of work shall not relieve the Subdivider of any of his obligations to complete the improvements as prescribed. Defective work shall be made good and unsuitable mate- rials may be rejected. notwithstanding the fact that such defective work and unsuitable materials may have been previously overlooked and accepted by the City Engineer. 10.5 Inspection by others When required by the conditions for approval of the Tentative Map, the City may require the work or public improvements or part thereof to be inspected by an outside consul- tant selected by the City Engineer. The Subdivider shall be responsible for all fees. costs and expenses for said inspection services. 11. Improvement Security Prior to the filing of the application for final map with the City Council, the Subdivider shall present to and file with the City of San Rafael a surety company bond in the sum of Five hundred fifteen thousand Dollars ($ 515.000.00 ) issued by a company duly and regularly authorized to do a general surety business in the State of California conditioned upon the faithful performance of this agreement and by its terms made to inure to the benefit of the City of San Rafael. The surety on said bond and foam thereof shall be satisfactory to the City Attorney. Liability under said bond shall be released upon completion of all work and public im- provements to the satisfaction of the City Engineer as provided by the Subdivision Map Act of the State of 12. Alternate Improvement Security The Subdivider may deposit at the time for submission of the bonds mentioned in para- graph 11 above. in lieu of a surety bond. cash in the amount of said required bond with the City Treasurer of the City as a guarantee for the faithful performance of this agree- ment. The City Treasurer may disburse progress payments to the Subdivider on his or- der as the work progresses; provided first that the Subdivider shall submit a demand for a progress payment and the demand for payment and the amount is approved. in writ- ing, by the City Engineer of the City. No progress payment allowable here under shall be made for more than ninety percent (90%) of the value of any installment of work and not before each installment of work shall have been completed to the satisfaction of the City Engineer. The final payment for the work to be performed under this agreement shall be made 35 days after formal acceptance of the subdivision by the City upon determination of the City Engineer that all public improvements required by this agreement have been com- pleted to his full and complete satisfaction. As the herein above-mentioned deposit is a guarantee for the faithful performance of this agreement, the City may, upon a breach. default, or violation of any of the provisions of this agreement resort to the herein above- mentioned deposit for the purposes of taking over the work and prosecuting the same to completion. Upon breach. default or other violation of this agreement requiring the City to take over the work, the City Treasurer shall release, to the City Engineer, upon writ- ten demand of the City Engineer, such amount or amounts of the deposit remaining as the City Engineer estimates is reasonably necessary to complete the work. In lieu of the surety bond or cash as required by Title 15 of the San Rafael Municipal Code, an instrument or instruments of credit in the amount of said required bond may be deposited with City upon condition the financial institution furnishing the credit pledges to the City it has the funds necessary, that they are on deposit as guarantee for payment of the public improvements required and that the said funds are held in trust for the purposes set forth in this agreement. 13. Labor and Material Bond (5O% of Improvement Cost) Two hundred -seven The Subdivider shall furnish security in the amount of thousand five ars ($ 257,500. 00 ) securing payment to the contractors. subcontractors, persons renting equipment or furnishing labor or materials for the public improvements required to be made by this instrument. The security may be cash, surety bond. or instrument of credit as permitted by the Subdivision Map Act of the State of California. Such security shall be retained by the City for a period of ninety (90) days following acceptance of the public improvements by the City or for such other period as may be required or permit - Subdivision Agreement - 3 ted pursuant to Government Code provisions governing the release of labor and material bonds for subdivision improvements. 14. Monumentation Bond Subdivider shall furnish a bond or cash deposit in the amount of Five thousand Dollars ($ 5,000.00 ) guaranteeing the payment for installation of permanent monumentation. The monumentation shall be done to the satisfaction of the City Engineer and shall be completed 365 calendar days from the actual date of commence- ment. 15. Maintenance Bond Subdivider shall furnish prior to acceptance of the public im ve ents by the City a maintenance bond in the amount of fifty-one thousand five ($ 51,500.00 ) guaranteeing said public improvements for a period of one year from date of acceptance. 16. 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 prop- erty damage which may arise from Subdivider or Subdivider's contractors, subcontrac- tors, agents, or employees of the 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, indemnify and hold harmless the 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. A City does 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 of the deposit with City by Subdivide- of any of the insurance policies de- scribed in paragraph 18 hereof. B. 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, regardless of whether or not City has prepared, supplied or approved of plans, specifications, or either, for the subdivi- sion, and regardless of whether or not any insurance policies shall have been de- termined to be applicable to any of such damages or claims for damages. C. Subdivider agrees that the use of any and all streets and public improvements herein above required to be constructed shall be, at all times prior to the final ac- ceptance of the subdivision by the City, the sole and exclusive risk of the Subdivider. The City may, at its sole option, issue permission to occupy all or a portion of the Public Improvements prior to Final Acceptance of said Public Improvements. The issuance of any permission to occupy such Public Improvements located within the said subdivision shall not be construed in any manner to be an acceptance and approval of any or all of said streets and im- provements in said subdivision, or that stage of development of said streets and Improvements represented by their conditions at the time of issuance of said occu- pancy permit or permits, or any stage of their development reached between the period commencing with the issuance of any occupancy permit, and the final ac- ceptance of said subdivision. 17. Protection of Public Safety The Subdivider is obligated to protect the public safety during all phases of the work. and shall erect and maintain all necessary barricades, signs and warning devices neces- sary to ensure public protection. In the event that City discovers a condition on the site which in its determination constitutes an immediate danger to public safety. and Subdivider cannot respond at once. City may erect any barriers, signs and warning de- vices it deems necessary. In such event. Subdivider shall pay for the labor of City's crews at the rate of thirtyfive ($35.00) dollars per hour per man: plus the cost of any materials used and a reasonable fee for use of any barricades found necessary. In no Subdivision Agreement - 4 event shall Subdivider pay less than one hour minimum per man assigned if City takes action pursuant to this paragraph. 18. Subdivider's Insurance Subdivider shall not commence work under this agreement until Subdivider shall have obtained all insurance required under this paragraph and such insurance shall have been approved by the City Attorney as to form and City Manager as to sufficiency. nor shall Subdivider allow any contractor or subcontractor to commence work on his con- tract or subcontract until all similar insurance required of the contractor or subcontrac- tor 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 specifi- cally bind the insurance carrier. Subdivider and/or his contractors and/or subcontractors shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or dam- ages to property which may arise from or in connection with the performance of the work here under by the Subdivider, his agents. representatives, employees, contractors or subcontractors. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence from CGY 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. B. Minimum Limits of Insurance Subdivider shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability. $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either. the insurer shall reduce or eliminate such de- ductibles or self insured retentions as respects the City, its oMcers, officials, em- ployees, and volunteers: or the Subdivider shall procure a bond guaranteeing pay- ment of losses and related investigations, claim administration and defense ex- penses. D. Other Insurance Provisions The general liability and automobile policies are to contain, or be endorsed to con- tain, the following provisions: 1. The City, its officers, officials, employees. agents and volunteers are to be cov- ered as insureds as respects: liability arising out of activities performed by or on behalf of the Subdivider; products and completed operations of the Subdivider, premises owned or used by the Subdivider, or automobiles owned. leased, hired or borrowed by the Subdivider. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Subdivider's insurance coverage shall be primary insurance as respects the City, its officers, officials, employ - Subdivision Agreement - 5 ees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers. officials, employees. agents or volunteers shall be excess of the Subdivider's insurance required and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies includ- ing breaches of warranties shall not affect coverage provided to the City, its of- ficers, officials. employees, agents or volunteers. 4. The Subdivider's insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior to written notice by certified mail, return receipt requested, has been given. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than W. F. Verification of Coverage Subdivider shall furnish the City with original endorsements effecting coverage re- quired by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's in- surer may provide complete, certified copies of all required insurance policies, in- cluding endorsements effecting the coverage required by these specifications. G. Subcontractors Subdivider shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All cover- ages for subcontractors shall be subject to all of the requirements stated herein. 19. Title of Improvements Title to. and ownership of. all improvements constructed here under by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City. 20. Repair or Reconstruction of Defective Work If, within a period of two years after final acceptance of the work performed under this agreement, any structure or part of any structure furnished or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement fails to fulfill any of the requirements of this agreement or the specifica- tions referred to herein, Subdivider shall without delay and without cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Liability under the contracts of surety or guarantee referred to in paragraphs 11 and 12 of this agreement shall be released upon the completion of all work and public improvements to the satisfaction of the City Engineer as provided and permitted by the Subdivision Map Act of the State of California. 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 the City the actual cost of such repairs plus fifteen percent (15%). 21. Subdivider Not Agent of City Neither Subdivider nor any of Subdivider's agents or contractors are or shall be consid- ered to be agents of City in connection with the performance of Subdivider's obligations under this agreement. 22. Cost of Engineering and Inspection Subdivider shall pay to the City all engineering and inspection costs as required by Section 15.20.070 of the San Rafael Municipal Code. Subdivider shall also pay overtime Subdivision Agreement • 6 Incurred by the City Inspector whenever the Subdivider elects to work overtime or on Saturday, Sunday and holidays. 23. 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 ensure its completion within the time specified. or any extensions thereof, or fails to obtain completion of said work within such time, or if Subdivider should be adjudged a bankrupt. or Subdivider should make a general as- signment for the benefit of Subdivider's insolvency, or if Subdivider, or any of Subdivider's contractors. subcontractors. agents or employees, should violate any of the provisions 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. 24. 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 improvements herein specified: provided however, that if the surety, within thirty (30) 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 City may elect to take over the work and prose- cute the same to completion, by contract or by any other method City may deem advis- able, for the account and at the expense of Subdivider. 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. The Subdivider shall be liable to the City for any excess costs. claims, damages, liability, or expenses of whatever nature or kind. di- rect or indirect, including reasonable attorney fees which are directly or indirectly caused by the execution and enforcement of this agreement. 25. Notices All notices herein required shall be in writing and delivered in person or sent by regis- tered or certified mail, postage prepaid. Notices required to be given shall be addressed as follows: City: Surety of Subdivider: City Engineer Insurance Company of the West City of San Rafael P.O.Box 9283 P.O. Box 151560 Walnut Creek, CA 94598-0983 San Rafael, CA 94915-1560 Subdivider. Subdivider's Insurance Company: Waterford Associates, LLC Insurance Company of the West 50 Bon Air Center, #140 P.O.Box 9283 Greenbrae, CA 94904 Walnut Creek, CA 94598-0983 It is 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. 26. Binding of Agreement This agreement shall bind, and the benefits inure to, the respective parties thereto. their legal representatives, executors, administrators. successors in office or interest, and assigns. 27. Legal Fees In the event that legal action is necessary to enforce any provision of this agreement, the prevailing party shall be entitled to reasonable attorney fees and legal costs. 28. Agreement an Offer Until Accepted by City It is recognized that this agreement executed by the Subdivider is submitted at the time of application for approval of the final subdivision map, and prior to approval of said fi- nal subdivision map, and prior to approval of said final map by the City Council. Until approval of said final map and execution of this agreement by City, this agreement shall Subdivision Agreement - 7 constitute an offer and may be withdrawn or modified by Subdivider, but upon such withdrawal, and until an executed agreement acceptable to City is submitted, the entire application for final map shall be considered withdrawn. 29. Special Conditions Dated this SW day of 19�� CITY OF S AFAE SUBDI DER W it f C By: l ora Yaul I�-Tle4-r ere, r MayoT TRIG: Member ATTEST: ' =uM ;L /o4 v( J M. Leonci.ni City Clerk APP city A RO ED AS TO LATENT: IDavui M. Bemardf City Engineer Subdivision Agreement • 8