HomeMy WebLinkAbout11-Public Works
"city OF SAN BEr~ARDIN~REQU~~~~~~~~~~~~~c;ci~uA~~I~~1
From:
ROGER G, HARDGRAVE ~::-:::';,.-F~~.biel:t:.Approval of Final Map for Tract
. - - - No. l2151 (Phase I-36 units) --
Public Works/Engineering JAN - L 4Northwesterly of Kendall Drive
and Pine Avenue
Dept:
Date:
January 4, 1990
Synopsis of Previous Council action:
None,
Recommended motion:
cc:
Adopt Resolution,
,~arshall Julian, City Administrator
Jim Richardson, Deputy City Adm.
Jim Penman, City Attorney
~
Contact person:
Youn H. Kim
Staff Report, Map
& Resolution
Phone:
5027
Supporting data attached:
Ward:
5
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct, DescriPtion)
Finance:
Council Notes:
75,0262
Agenda Item No,
II
CITY OF SAN BERt"RDINO - REQUEST '-QR COUNCIL ACTION
STAFF REPORT
Tentative Tract No, 12151 was approved by the Planning
Commission on 12-04-84, At the meeting of the Planning Commis-
sion of 12-02-86, a one-year extension of time, from December 4,
1986 to December 4, 1987, was approved, subject to all original
conditions and standard requirements.
Tract No, 12151 (Phase I
subdivision,
36 units) is a one lot
The required improvement securities have been filed with
this office, and the prescribed fees have been paid. All
improvements have been completed except for undergrounding
utilities and installation of the storm drain in Kendall Drive,
The Final Map has been reviewed and found to be in substantial
compliance with the Tentative Map and the Subdivision Map Act,
Therefore, we recommend that the final map be approved,
1-04-90
75,0264
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1 RESOLUTION NO,
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO, 12151 (Phase I -36 Units),
3 LOCATED NORTHWESTERLY OF KENDALL DRIVE AND PINE AVENUE, ACCEPTING
THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
4 EXECUTION OF THE STANDARD FO~1 OF AGREEMENT FOR THE CONSTRUCTION
AND COMPLETION OF UNDERGROUNDING THE EXISTING UTILITIES ALONG
5 KENDALL DRIVE AND CONSTRUCTION OF MASTER PLAN STORM DRAIN IN
KENDALL DRIVE, IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
6 SPECIFIED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
8 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1: The Mayor and Common Council find that
10 proposed Subdivision Tract No, 12151 (Phase I -36 Units), located
11 Northwesterly of Kendall Drive and Pine Avenue, together with the
12 provisions for its design and improvements is consistent with the
13 General PIan of the City of San Bernardino.
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SECTION 2,
The Mayor of the City of San Bernardino is
15 authorized on behalf of said City to execute the agreement with
16 CFB Investments, Ltd, , a California Limited Partnership, for the
17 construction and completion of undergrounding the existing
18 utilities along Kendal1 Drive and construction of Master Plan
19 Storm Drain in Kendal1 Drive in said subdivision tract as are
20 required by Title 18 of the San Bernardino Municipal Code and the
21 California Subdivision Map Act,
Section 12(b) (1) of said
22 Agreement is hereby amended to require public liability insurance
23 in an amount of not less than $250,000 per person and $500,000
24 per occurrence. The time for performance is specified in Section
25 3 of said agreement,
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SECTION 3:
The Final Map of said subdivision tract is
27 hereby approved and the City of San Bernardino hereby accepts as
28 public property all dedications within the subdivision as shown
1/04/90
.....
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RESO: APPROVING FINAL ~iliP FOR TRACT NO, 12151 (Phase 1-36 Units)
NORTf STERLY OF KENDALL DRIVE A PINE AVENUE
1 on said Final Map for streets, alleys, (including access rights),
2 drainage and other public easements, As a condition precedent to
3 approval of the Final Map, the Subdivider shall first execute the
4 agreement referenced in Section 2 hereof for the construction and
5 completion of undergrounding the existing utilities along Kendall
6 Drive and construction of Master Plan Storm Drain in Kendall
7 Drive within said subdivision, The City Clerk shall certify the
8 approval and acceptance of the Mayor and Common Council as set
9 forth in this resolution,
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SECTION 4,
This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
passage of this resolution,
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1/04/90 28
RESO: APPROVING FINAL MAP FOR TRACT Nn, 12151 (pase 1-36 Units)
NORT< ~STERLY OF KENDALL DRIVE PINE AVENUE
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1990, by the following vote, to-
wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1990,
W, R, Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
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AQR~~M~H1:
(Subdivision Improvements)
THIS AGREEMENT is made and entered into this day
of , 19__, by and between the CITY OF SAN
BERNARDINO a Municipal Corporation, hereinafter referred to as
"City", andCFB INVESTi1e'I0TS)LTb., A- C'AL../P LIHI;E..b P~RT)JetSIt'
hereinafter referred to as "Subdivider",
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The map has been filed with the city for presentation to
13 the City Council (hereinafter called "council") of the City for
14 its approval, which map is hereby referred to and incorporated
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ereJ.n,
16 Subdivider has requested approval of the map prior to the
17 construction and completion of undergrounding the existing
18 utilities along Kendall Drive and construction of Master Plan
19 storm drain in Kendall Drive, which are a part of, or appurtenant
20 to, the subdivision (hereinafter called "subdivision") designated
21 in the map, all in accordance with, and as required by, the Plans
22 and Specifications for all or any of said improvements in,
23 appurtenant to, or outside the limits of SUbdivision, which Plans
24 and Specifications are now on file in the Office of the City
25 Engineer of the City.
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CouncJ.1 has approved saJ.d map and accepte the e J.catJ.ons
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thereJ.n offered, or some thereof, on condJ.tJ.on that SubdJ.vJ.der
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R~~.I1:AL~,
Subdivider has presented to city for approval
subdivision map (hereinafter called "map") entitled"
TRACT NO. 12151 (Phase I - 36 Units)
a final
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first enter into and execute this agreement with the city.
This agreement is executed pursuant to the provisions of
the Subdivision Map Act of the state of California and Title 18
San Bernardino Municipal Code,
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.
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2.
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 to the satisfaction of the City
Engineer of city, the construction of the Master Plan
Storm Drain in Kendall Drive to the Devil's Creek
Channel and undergrounding the existing utility line
along Kendall drive, adjacent to Tract No. 12151, to
complete the improvements in accordance with the
Plans and Specifications on file as hereinbefore
specified, or with any changes required or ordered by
said Engineer, which in his opinion are necessary or
required to complete the work.
Work: Places and Grades to be Fixed bv Enqineer
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,
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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 requires the commencement of this contract
on or before Januarv 1. 1991, if the city has not
adopted an assessment district for these improvements
by the above date.
City hereby fixes the time for the completion of said
work to be within 12 months from the date of
commencement,
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 Engineer may extend the time for completion of
the improvements hereunder. 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 Engineer
shall be the sole and final judge as to whether or not
good cause has been shown to entitle Subdivider to an
extension.
5. 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 damaged, and Subdivider shall replace or have
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6.
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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 here
under, whether such property be owned by the united
states or any agency thereof, or the state of Calif-
ornia, or any agency or political subdivision thereof
or by the city or by any public or private corpora-
tion, or by any person whomsoever, or by any combina-
tion of such owners. Any such repair or replacement
shall be to the satisfaction, and subject to the
approval, of the city Engineer.
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 corpor
tion 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.
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, Subdivider
shall comply with all provisions of the Subdivision
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Map Act and Title 18 San Bernardino Municipal Code,
8. Superintendence bv 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 auth-
ority to act for Subdivider.
9, Inspection bv city
Subdivider shall at all times maintain proper facil-
ities and provide safe access for inspection by City,
to all parts of the work, and to the shops wherein
the work is in preparation.
10. Contract Securitv
Concurrently with the execution hereof, Subdivider
shall furnish to City improvement security as
follows:
(a) An amount equal to at least one hundred percent
of the total estimated cost of the improvement
and acts to be performed, as security for the
faithful performance of this agreement:
(b) An amount equal to at least fifty percent of the
total estimated cost of the improvements and
acts to be performed, as security for the
payment of all persons performing labor and
furnishing materials in connection with this
agreement: and
(c) An amount equal to at least twenty-five percent
of the total estimated cost of the improvements
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and acts to be performed, as security for the
guarantee and warranty of the work for a period
of one (1) year following the completion and
acceptance thereof against any defective work
or labor done, or defective materials furnished,
As a part of the obligation guaranteed by the
security and in addition to the face amount of
the security, there shall be included costs and
reasonable expenses and fees, including
reasonable attorneys' fees incurred by City in
successfully enforcing the obligation secured,
The type of security furnished shall be in the
form of bonds, deposits or letters of credit as
provided in Title 18 of San Bernardino Municipal
Code; and the type shall be at the option of and
subject to the approval of the City Engineer and
the City Attorney.
11. Hold Harmless Aqreement
Subdivider hereby agrees to, and shall, hold city, it
elective and appointive boards, commissions, officers
agents and employees harmless from any liability fo
damage or claims for damage for personal injury, includin
death, as well as from claims for property damage whic
may arise from Subdivider's or Subdivider's contractors'
subcontractors', agents' or employees' operations unde
this agreement, whether such operations be by Subdivide
or by any of Subdivider's contractors, subcontractors, 0
by anyone or more persons directly or indirectly employe
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by, or acting as agent for, Subdivider or any
Subdivider's contractors or subcontractors, Subdivide
agrees to, and shall, defend city, and its appointiv
boards, commissions, officers, agents and employees fro
any suits or actions at law or in equity for damage
caused, or alleged to have been caused, by reason
of the aforesaid operations, provided as follows:
(a) That city does not, and shall not, waive any rights
against Subdivider which it may have by reason of
aforesaid hold harmless agreement, because of
acceptance by City, or the deposit with
Subdivider, or any of the insurance
described in Paragraph 12 hereof.
(b) That the aforesaid hold harmless agreement
Subdivider shall apply to all damages and claims
damages of every kind suffered, or alleged
been suffered, by reason of any of the aforesai
operations referred to in this paragraph, regardles
of whether or not City has prepared, supplied 0
approved of, Plans and/or specifications for
subdivision, or regardless of whether or not
insurance policies shall have been determined
applicable to any of such damages or claims fo
damages.
12, Subdivider's Insurance
Subdivider shall not commence work under
until Subdivider shall have obtained
required under this paragraph and such
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this agreemen
all insuranc
insurance shal
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have been approved by city Attorney as to form, amount
carrier, nor shall Subdivider allow any contractor
subcontractor to commence work on his contract
subcontract until all similar insurance required of
contractor or subcontractor shall have been so obtaine
and approved. AIl requirements herein provided shal
appear either in the body of the insurance policies
endorsements and shall specifically bind the insuranc
carrier,
(a) Compensation Insurance
Subdivider shall maintain insurance upon commencemen
of work, Workmen's compensation Insurance for al
Subdivider's employees employed at the site 0
improvement, and in case any work is sublet
Subdivider shall require any contractor 0
subcontractor similarly to provide Workmen'
Compensation Insurance for all contractor's 0
subcontractor's employees, unless such employees ar
covered by the protection afforded by Subdivider. I
case any class of employees engaged in work unde
this agreement at the site of the project is no
protected under any Workmen's Compensation Law
Subdivider shall provide and shall cause eac
contractor and subcontractor to provide, adequat
insurance for the protection of employees no
otherwise protected. Subdivider shall indemnify cit
for any damage resulting to it from failure of eithe
Subdivider or any contractor or subcontractor to tak
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out or maintain such insurance,
(b) Public Liabilitv and Propertv Damaqe Insurance
Subdivider shall take out and maintain upo
commencement of work such public liability an
property damage insurance as shall insure City, its
elective and appointive boards, commissions,
officers, agents and employees, Subdivider and
contractor or subcontractor performing work covere
by this agreement from claims for damages
personal injury, including death, as well as
claims for property damage which may arise
Subdivider's or any contractor's or subcontractor's
operations hereunder, whether such operations be b
Subdivider or any contractor or subcontractor, or b
anyone directly or indirectly employed by eithe
Subdivider or any contractor or subcontractor, an
the amounts of such insurance shall be as follows:
(1) Public Liabilitv Insurance
In an amount not less than $ 250 000
for injuries, including, but not
to, death, to anyone person and, subjec
to the same limit for each person, in a
amount not less than S 500.000 0
account of anyone occurrence;
(2) Property Damaqe Insurance
In an amount not less than S 50.000
for damage to the property of each perso
on account of anyone occurrence.
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13.
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In the event that any of the aforesaid insurance
policies provided 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
endorsement, 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.
Evidence of Insurance
Subdivider shall furnish City upon commencement of
work, 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.
Title to Improvements
Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest
absolutely in City, upon completion and acceptance of
such improvements by city.
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
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of the work done
under this agreement, fails
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fulfill any of the
requirements of this agreement
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 situation as determined by the City
in the exercise of its sole discretion require
repair, replacement or reconstruction before the Sub
divider 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 percent
(15%) .
Subdivider Not Aqent of citv
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.
Cost of Enqineerinq and Inspection
Subdivider shall pay to City the costs of all permit
fees for all engineering inspections and
other
services connected with the City in regard to the
subdivision.
Said fees shall be paid prior to
commencing any construction.
Notice of Breach and Default
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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, 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.
Breach of Aqreement: Performance bv Suretv or citv
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 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
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advisable, for the account and at the expense of
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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,
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appliances, plant and other property belonging to
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Subdivider as may be on the site of the work and
necessary therefor.
Notices
20.
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 Administrator
City Hall
300 North "D" street
San Bernardino, California 92418
Notice required to be given to Subdivider shall be addressed as
follows:
C r 8 IN\} ~ S T MEN T 5, L I}) A- ('.+1.- IF. L- (,tj I T&'b l'A\tTu it
c/o SA-R * REc"tff\J '
.;. '-{ ~ PIS C H- <: (~ .,+ V {;" - D - I) C 6 5 T Ii H l::;-S -+ C A- 7~ c. ~ fa
Notice required to given surety of Subdivider shall be addressed
as follows:
\.J L!:S '7 pu (2:l ~~, "I'O-J ~ ~ I<.
P-co ~'lC.. I '2. ~'"
H-ANfol2.."D I C A<- i ~2,. ~ 2... I ~'-I-rc
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.
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This agreement shall be binding upon and inure to thel
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benefit of each of the parties and their respective legal I
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WITNESS WHEREOF, the parties hereto have executed thisl
SUCCESSORS BOUND ,
representatives, successors, heirs and assigns.
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IN
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agreement on the day and year first above written.
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CITY OF SAN BERNARDINO
ATTEST:
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By:
City Clerk
SUBDIVIDER: CfB INE~TNe-~TS, LT {
"f A.tl./F; L-~I I T<=b p,rer!Jg({S, I
By: L2.1L1- I? -~ rJ
'- /
!cvd~
Approved as to form and
legal content:
(k~ 9,/~
(!;fy Attorney
By:
By:
INSTRUCTIONS
If the Subdivider is a corporation, the agreement must be
executed in the corporate name and signed by the President or a
vice-President and the Secretary or Assistant Secretary, and the
corporate seal affixed. If the Subdivider is a partnership, it
must be signed by all partners.
If the Subdivider is an
individual doing business under a fictitious name, it must be
signed by all persons having an interest in the business, and the
fictitious name must be signed also. The agreement must be
notarized by the Subdivider.
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STATE OF CApFORNIA }
COUNTY 0:!..'7. ~:o~: -;;~ ~_ '. 55.
0" W~' -!- :;:- --_ i before me,
the undersigned. a Not ry Public in and f said County and State,
personally ap
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thaI r./J
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known to me
.ubscribed to the
J..- ~ executed the
to be the person_whose nam-
within instrument and acknowledged
same,
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