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HomeMy WebLinkAboutResolution No. 5640RESOLUTION NO. 5640 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREEMENT FOR COMPLETION OF IMPROVEMENT WORK IN THE WEISSENSEE-MIDDAGH LAND DIVISION 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 Conrad Weissensee and Robert Middagh for completion of improvement work in the Weissensee- Middagh Land Division (S78-5), subject to payment of $5,000 from the Developers,as required by the Planning Commission, for the installa- tion of off-site, downstream drainage facilities. A copy of said agreement is attached hereto, marked Exhibit "A", and incorporated herein by this reference. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 19th day of March, 1979, by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None E M. LEONCINI, City Clerk 5 1 R ' ua 50' PR►•1 A'�� RoAUVV AY r A SEMEN? � � ��� a �aF•EL r -L-7 a R -I r `r'� 'Rzl (B�. �\'.'•'ts r�1 R -3-G T:R-2 ( i R:I-'1 ` _ 10' PIPEuNE EASE. o\ R-r.e•3 ~. R•I-B-2 J � unI I M PRWI�u -emi-1161 i OF GLARK SCS • �Xls-r Io' � fi / /4o /Bp / 6 /� �5e 146 ' Iso S\ \ /-so Z2o Zia \ l /do 190 • TE FLAA� a� 'PRoP05�A 4 LOT 5U$vIV�510 �! A G R E E M E N T FOR COMPLETION OF IMPROVEMENT WORK DESIGNATED WEISSENSEE/MIDDAGH LAND DIVISION (S78-,5) SAN RAFAEL, CALIFORNIA. THIS AGREEMENT entered into as of and dated the -12t--h day of March _ 1979, 'by and between THE CITY OF SAN RAFAEL, a municipal corporation, hereinafter called "City" and Conrad Weissensee and Robert A. Middagh hereinafter called "Developer"; WITNESSETH: WHEREAS, City's Ordinances now in force and effect require that certain excavations be authorized in writing, and City has required that Developer execute an Agreement with City relative to the completion of all Improvement work which is shown upon the Improvement Plans and -Specifica- tions for the development designated Weissensee/Middagh Land Division (S78-5) as prepared by Robert C. Martin, Civil Engineer , and as approved by the City Engineer of City and now on file in the office of said City Engineer of City; NOW, THEREFORE, for and in consideration of City's consent to the Weissensee/Middagh Lar Installation of improvements for the development designated Division (578-5) by the governing body of City, it is hereby agreed as follows: 1. Performance of Work. Developer will do and perform, or cause to be done and performed, at Developer'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 (and/or without) the development, to wit: Construct and complete all of the improvements, including, all, but not limited to, streets, highways or public ways and public utility facilities which are a part of, or appurtenant Weissensee/Middagh to, the development designated Land Division (S78-5) , all In accordance with, and as required by, the r plans and specifications for all or any of said improvements in, or appurtenant to, or outside the limits of said development, which plans and specifications are now on file in the office of the City Engineer of City, and Developer 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 hereinbefore specified, or with any changes required or order6d by said Engineer, which in his opinion are necessary or required to complete the work. Z. 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 speci- fications 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 19th day of March 1979 , and for Its completion to be within 365 calendar days thereafter. At loast fifteen calendar days prior to the commencement of work hereunder, Developer shall notify City Engineer in writing of the date fixed by Developer for commencement thereof, so that City Engineer shall be able to provide services of Inspection. 4. Time 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 hereunder. Any such extension may be granted without notice to the Developer'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 Developer to an extension. -2- 5. Repairs and Replacements. Developer 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 Developer 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. 6. Utility Deposits - Statement. Developer shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the plan, a written statement signed by Developer, and each public utility corporation involved, to the effect that Developer 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 development. 7. permits; Compliance with Law. Developer shall, at Developer'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. Superintendence by Developer, Developer 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 Developer. -3- 9. Inspection by City Englneer._ All improvements required hereunder shall be inspected by City Engineer. Developer 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. 10. Contract Security. Concurrently with the execution hereof, Developer 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 fifty percent of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this agrooment. The surety on each of said bonds and the form thereof shall be satisfactory to the City Attorney. 11. Hold -Harmless Agreement. Developer 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 Developer's or Developui's contractors', subcontractors', agents' or employees' operations under this agreement, whether such operations be by Developer or by any of Developer's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Developer or any of Developer's contractors or subcontractors. Developer 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 does not, and shall not, waive any rights against Developer which it may have by reason of the aforesaid hold - harmless agreement, because of the acceptance by City, or the deposit with City by Do vo1opt)r, of any of the Insurance policies described in paragraph 12 hereof. -4- b. That the aforesaid hold -harmless agreement by Developer 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 development 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. 12. Developer's Insurance. Developer shall not commence work under this agreement until Developer shall have obtained all insurance required under this paragraph, nor shall Developer 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. Developer shall maintain, during the life of this agreement, Workmen's Compensation Insurance for all Developer's employees employed at the site of improvement, and in case any work is sublet, Developer 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 Developer. 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, Dovolopui shall provide, and shall cause ouch contractor and sub -contractor to provide, adequate insurance for the protection of employees not otherwise protected. ouvuloper hereby indemnifies City for any damage resulting to it from failure of either Developer or any contractor or subcontractor to take out or maintain such insurance. b. Public Liability and property Damage Insurance. Develupur 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, Developer 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 Developer's or any contractor's or subcontractor's oper- ations hereunder, -whether such operations be by Developer or any contractor or subcontractor, or by anyone directly or indirectly employed by either Developer 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 12 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, Developer and any contractor or subcontractor performing work covered by this agreement. 13. Evidence of insurance. Developer 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. -6- Ise. Title to improvements. Title to, and ownership of, all improvements constructed hereunder by Developer shall vest absolutely in City, upon completion and acceptance of such improvements by City. 15. 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 Developer's 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, Developer 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 Developer 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 Developer can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Developer shall pay to City the actual cost of such repairs plus fifteen (15) percent. 16. Developer not Agent of City. Neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under this agreement. 17. Cost of Engineering and inspection. Developor shall pay to the City all inspection costs as required by Section 15.20.070 of the San Rafael Municipal Code. 18. Notice of Breach and Default. if Developer 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 Developer should be adjudged a bankrupt, or Developer should make a general assignment for the benefit of Developer's creditors, or if a receiver should be appointed in the event of Developer's insolvency, or if Developer, or any of Developer'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 Developer and Developer's surety of breach of this agreement, or of any portion thereof, and default of 19. Breach of Agreement; Performance by Surety or City. In the event of any such notice, Developer'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 Developer; and Developer and Developer'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 p-ssession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefor. 20. 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 Developer and/or Developer's surety shall be addressed as follows; lel4 KWA Y, Lt ,LA- V C � &AtDDA(h" l27TA" V 1 EW) rAlb . az i-3, C M _. 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. 21. Warranty that Plans and Specifications are Adequate. Developer warrants that the plans and specifications above described are adequate to accomplish ali of the improvement work contemplated by this agreement in a good and workmanlike manner, and in accordance In with accapted 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 Inadequato in any respect, then Developer 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. 22. Attorney's Fees and Expenses of Litigation. Should City be required to institute legal action to compel perform- ance of this agreement, Developer agrees to pay all reasonable attorney's fees, costs of suit, and all other expenses of litigation incurred by City in connection therewith. 23. "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 Developer 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: i ty Engi�er City Manager A PROVED AS TO FORM: City Attorna CIT SAN RA/ (Sea 1) Mayor By - City Clerk De 11 per By Robert A. Middagh B �� .rte-� ���� �, � .,u,,,• : � `t y_ Conrad Weissensee