HomeMy WebLinkAboutPW 51 Gold Hill Grade Subdivision Impr AgrCity of San Rafael • California
Subdivision Improvement Agreement
THIS AGREEMENT is made and entered into as of the 17th day of April, 2017, by and between the
City of San Rafael (hereafter, the "City"), and Martin J. Covne (hereafter, the "Subdivider").
RECITALS:
A. Subdivider is developing a subdivision called 51 Gold Hill Grade, San Rafael, California
(hereafter, the "Subdivision").
B. Subdivider has presented to City for approval a parcel map entitled: Parcel Map 51 Gold Hill
Grade (hereafter, the "Parcel Map").
C. The Parcel Map has been filed with the City Engineer and City Clerk of the City.
D. Subdivider has requested approval of the Parcel Map prior to the construction and completion of
improvements, including all streets, highways or public or private ways and public utility
facilities which are a part of, or appurtenant to, the Subdivision as designated in the Parcel Map
(hereafter, the "Subdivision Improvements"), all in accordance with, and as required by, the plans
and specifications for said improvements, entitled "Improvement Plans 51 Gold Hill Grade",
dated September 2016 (the "Improvement Plans), on file in the office of the City Engineer of the
City.
E. 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.
NOW, THEREFORE, the parties agree as follows:
1. Performance of Work
Subdivider shall furnish all required materials for, and shall perform or cause to be performed, at
Subdivider's own expense and in a good workmanlike manner, all of the work and improvements related
to the Subdivision as shown on the Improvement Plans. All of the work and improvements and materials
shall be performed and installed in strict accordance with the Improvement Plans; provided that 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 specifications of the State of California
Department of Transportation. Subdivider shall also perform and supply such additional work and
materials which, in the opinion of the City Engineer and on his order, are necessary to complete the
improvements in accordance with the Improvement Plans, or with any changes to the Improvement Plans
ordered by said Engineer as necessary or required to complete the work.
All such work shall be subject to the conditions, requirements and recommendations as set forth by the
San Rafael City Council Resolution No. 14309 adopted at the regular meeting of the City Council held on
the 17th of April 2017, and shall be performed under the direction and to the satisfaction of the City
Engineer of City.
2. Soils Engineering Contractor
It is mutually agreed that the City shall determine the soils engineering firm to perform required soils
testing and investigation, at the Subdivider's sole expense, during the construction of the Subdivision
Improvements.
Subdivision Agreement • 1
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 Improvement Plans and to the satisfaction of the City Engineer.
4. Work. Time for Performance
City hereby fixes the time for the completion of the Subdivision Improvements to be within two (2) vears
from the date when this agreement is approved by the City Council. At least fifteen (15) calendar days
prior to commencement of work hereunder, Subdivider shall notify 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 therefore, the
City Council may extend the time for completion of the Subdivision Improvements hereunder pursuant to
San Rafael Municipal Code Section 15.11.130. 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 extension.
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 Parcel Map which have been destroyed or damaged, as the case may be, or shall
pay to the owner(s) thereof, the entire cost of replacement or repairs, of any and all pipes and monuments
damaged or destroyed by reason of any work done hereunder, whether such pipes and monuments 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 involved 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
the Subdivision Improvements, and shall give all necessary notices and pay all fees and taxes required by
law.
9. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on the Subdivision Improvements, 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 inspection by City to
all parts of the work and to the shops wherein the work is in preparation. The Subdivider shall pay
overtime incurred by City inspectors whenever the Subdivider elects to work on Saturday, Sundays, and
holidays, and he shall also pay overtime incurred by any City inspector when Subdivider works any
Subdivision Agreement • 2
overtime hours. The inspection of work shall not relieve the Subdivider of any of his obligations to
complete the Subdivision Improvements as prescribed. Defective work shall be made good and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable
materials may have been previously overlooked and accepted by the City Engineer.
11. Improvement Security
Prior to the filing of the Parcel Map by the City Engineer, the Subdivider shall present to and file with the
City of San Rafael a surety company bond in the sum of One Hundred Sixty Three Thousand, Seven
Hundred and Seventy Five Dollars ($163,775.00) 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 form thereof shall be satisfactory to the City Attorney.
12. Alternate Improvement Security
Subdivider may deposit at the time for submission of the bonds mentioned in paragraph 11 above, in lieu
of a surety bond, cash in the amount of said required bond with the City Finance Director of the City as a
guarantee for the faithful performance of this agreement. The City Finance Director may disburse
progress payments to the Subdivider on his order 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 writing, by the City Engineer of the City. No progress payment allowable hereunder 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 improvements
required by this agreement have been completed to his full and complete satisfaction. As the
hereinabove -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
hereinabove -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 Finance Director shall release, to the City Engineer, upon written 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 (50% of Improvement Cost)
Subdivider shall furnish security in the amount of Eighty One Thousand, Eight Hundred and Eighty
Eight Dollars ($81,888.00) securing payment to the contractors, subcontractors, persons renting
equipment or furnishing labor or materials for the Subdivision Improvements. 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
Subdivision Improvements by the City or for such other period as may be required or permitted pursuant
to Government Code provisions governing the release of labor and material bonds for subdivision
improvements.
14. Monumentation Bond N/A
Subdivision Agreement • 3
15. Maintenance Bond N/A
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 property damage which may arise from Subdivider or
Subdivider's contractors, subcontractors, 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 arising out of Subdivider's
performance of its obligations or conduct of its operations under this Agreement. 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 any of the insurance
policies described 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 Subdivision, and regardless of whether or not any
insurance policies shall have been determined 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 hereinabove
required to be constructed shall be, at all times prior to the final acceptance of the subdivision by
the City, at 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 Subdivision Improvements prior to final acceptance
of said Subdivision Improvements. The issuance of any permission to occupy the Subdivision
Improvements located within the Subdivision shall not be construed in any manner to be an
acceptance and approval of any or all of the streets and improvements in Subdivision, or that
stage of development of said streets and improvements represented by their conditions at the time
of issuance of said occupancy permit or permits, or any stage of their development reached
between the period commencing with the issuance of any occupancy permit, and the final
acceptance of the Subdivision.
17. Protection of Public Safety
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 necessary 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 devices it deems necessary. In such event, Subdivider shall pay for the labor of City's crews as
specified on the latest fully -burdened rate schedule at the time the work is performed, per worker; plus the
cost of any materials used and a reasonable fee for use of any barricades found necessary. In no event
shall Subdivider pay less than one hour minimum per worker assigned if City takes action pursuant to this
paragraph.
18. Insurance
Subdivision Agreement • 4
A. Scope of Coverage. During the term of this Agreement, Subdivider shall maintain, at no expense to
City, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of one million dollars
($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury,
personal injury, or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the
minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. Worker's compensation as required by the State of California, with statutiory limits, and
employer's liability insurance with limits of no less than one million dollaras ($1,000.000) per
accident for bodily injury or disease.
Subdivider's worker's compensation insurance shall be specifically endorsed to waive any right
of subrogation against City.
B. Other Insurance Requirements. The insurance coverage required of the Subdivider in
subparagraph A above shall also meet the following requirements:
1. The commercial general liability insurance policies shall be specifically endorsed to include the
City, its officers, agents, employees, and volunteers, as additionally named insureds under the
policy.
2. The additional insured coverage under the commercial general liability insurance policies shall
be primary with respect to any insurance or coverage maintained by City and shall not call upon
City's insurance or self-insurance coverage for any contribution. The "primary and
noncontributory" coverage in the Subdivider's policy shall be at least as broad as ISO form
CG20 0104 13.
3. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall
not cancel, terminate or otherwise modify the terms and conditions of said insurance policies
except upon ten (10) days written notice to the City.
4. If the insurance is written on a Claims Made Form, then, following termination of this
Agreement, said insurance coverage shall survive for a period of not less than five years.
5. The insurance policies shall provide for a retroactive date of placement coinciding with the
effective date of this Agreement.
6. The limits of insurance required in this Agreement may be satisfied by a combination of primary
and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement)
before CITY'S own insurance or self-insurance shall be called upon to protect it as a named
insured.
7. It shall be a requirement under this Agreement that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements and/or limits shall
be available to CITY or any other additional insured party. Furthermore, the requirements for
coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement;
Subdivision Agreement • 5
or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater.
C. Deductibles and SIR'S. Any deductibles or self-insured retentions in Subdivider's insurance policies
must be declared to and approved by the City Attorney, and shall not reduce the limits of liability.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide
that the SIR may be satisfied by either the named insured or City or other additional insured party.
At City's option, the deductibles or self-insured retentions with respect to City shall be reduced or
eliminated to City's satisfaction, or Subdivider shall procure a bond guaranteeing payment of losses
and related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. Subdivider shall provide to the City Attorney all of the following: (1)
Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of
the policy declaration page and/or endorsement page listing all policy endorsements for the
commercial general liability policy, and (3) excerpts of policy language or specific endorsements
evidencing the other insurance requirements set forth in this Agreement. City reserves the right to
obtain a full certified copy of any insurance policy and endorsements from the Subdivider. Failure to
exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be
approved as to form and sufficiency by the City Attorney.
19. 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 specifications 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%).
20. 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.
21. Cost of Engineering, Inspection and Other Fees
Subdivider shall pay to the City all costs as required by Section 15.11.040 of the San Rafael Municipal
Code. Subdivider shall also pay overtime incurred by the City's inspector whenever the Subdivider elects
to work overtime or on Saturday, Sunday and Holidays.
Parcel Map Plan Check Deposit $3,285.00
Improvement Plan Check Fee $2,615.00
Improvement Inspection Fee $1,464.00
Total $7,364.00
Additional Fees Due Prior to Recordation of Parcel Map:
Parkland Dedication Fee $5,903.93
Subdivision Agreement • 6
22. 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 assignment 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 may serve written notice upon Subdivider and Subdivider's
surety of breach of this agreement, or of any portion thereof, and default of Subdivider.
23. 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 agreement and does not commence performance City may elect to 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 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 therefore. The
Subdivider shall be liable to the City for any excess costs, claims, damages, liability, or expenses of
whatever nature or kind, direct or indirect, including reasonable attorney fees which are directly or
indirectly caused by the execution and enforcement of this agreement.
24. 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.
25. 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.
CITY OF SAN RAFAEL: SUBDIVID
Bv:
Jim,'ch ttz Martin Coyn�
City _ nager Owner
ATTEST:
,*-o,4�
Esther C. Beirne
City Clerk
Subdivision Agreement • 7
AP ROVED AS TO FORM:
Robert F. Epstein
City Attorney
APPROVED AS TO CONTENT:
Kevin McGowan
Assistant Public Works Director/City Engineer
Subdivision Agreement • 8
�jl�loc��UlS1C'ih ' W�rmUZWv�^Y
IS► CA C-,
APR 1 1 2011
CIT_ Y_ ATTORNEY
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works `- Y/J./,7
Project Manager: Kevin McGowan/Josh Minshall
Extension: 3158
Contractor Name: Martin J. Coyne
Contractor's Contact: Ray Cassidy
Contact's Email: marinplastering@sbcglobal.net�—vz
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
i.:lrcl-� here to
❑
enter a date.
b. Email contract (in Word) & attachments to City
3/29/2017
Atty c/o Laraine.Gittens@cityofsanrafael.org
❑
2
City Attorney
a. Review, revise, and comment on draft agreement
4/7/2017
and return to Project Manager
4/6/2017
M ETD
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
® ETD
3
Project Manager
Forward three (3) originals of final agreement to
4/7/2017
❑
contractor for their signature
4
Project Manager
When necessary, * contractor-siened agreement
❑ N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
❑
Public Works Contract > $125,000
Date of Council approval
en dale.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Project Manager
Forward signed original agreements to City
4/10/2017
Attorney with printed copy of this routing form
6
City Attorney
Review and approve hard copy of signed
7
agreement
7
City Attorney
Review and approve insurance in PINS, and bonds
7
LLA
(for Public Works Contracts)
8
City Manager/ Mayor
Agreement executed by Council authorized official
V
9
City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager