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HomeMy WebLinkAbout26- Public Works CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION File TR 14400 From: ROGER G. HARDGRAVE Subject: Approval. of Final flap for Tract 11o. 14400 - Northeast Corner 0 R Dept: Public Works , of Escena Street and Ohio Avenue Date: 12-04-97 Synopsis of Previous Council action: 08--19--96 -- Resolution No. 96--263 adopted approving final reap f or Tract Pao. 14400--1 . Recommended motion: Adopt resolution. cc: Fred Wilson Jiro Penman ignature Contact person: Youn H. Kim Phone: 5027 Staff Report, leap Supporting data attached: & Resolution Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct No.) (Acct Description) Finance: Council Notes: Res 97- 5 75.0262 Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT The tentative map for Tract No. 14400 was approved by the Planning Commission on 11-21-89 . The final map for the first phase , Tract No, 14400-1 , was recorded on 9--19--96 . Tract No. 14400 is a 13-lot Single Family Residential subdivision. The required improvement securities and certificates of insurance will be filed prior to the Council meeting of 12-15--97 , and the prescribed fees will be paid prior to recordation of the final map. Also, the improvement and grading plans have been approved. The Final Map has been reviewed and found to be sub- stantially in compliance with the Tentative Map and the Subdivision Map Act. Therefore,, we recommend that the Final Map be approved. URGENCY CLAUSE: The construction loan for Phase II has been approved. It is essential that the final map be approved at the Council meeting of 12-15-97 , in order to meet the time line for the loan and the subdivider' s construction schedule. 12-04-97 SITE r- �E,pS 4.I r v •� v � � i + e Tract No. 14400 1 AGREEMENT 2 (Subdivision Improvements) 3 THIS AGREEMEM is made and entered into as of this 4 day of , 19 , by and between the CITY OF SAN 5 BERNARDINO, a Municipal Corporation, hereinafter referred to as "City", and .v hereinafter 7 referred to as "Subdivider" . 8 RECITALS 9 A. WHEREAS, Subdivider has presented to City for 10 approval a final subdivision map (hereinafter called "map" ) 11 entitled 12 13 and, 14 B. WHEREAS, the map has been filed with the City for 15 presentation to the City Council (hereinafter called "Council" ) 16 of the City for its approval, which map is hereby referred to and 17 incorporated herein; and, 18 C. WHPRFAS, Subdivider has requested approval of the map 19 prior to the construction and completion of improvements , 20 including all streets, highways or public ways and public utility 21 acilities which are a part of, or appurtenant to, the 22 subdivision (hereinafter called "subdivision" ) designated in the 23 ap, all in accordance with, and as required by, the Plans and 24 Specifications for all or any of said improvements in, 25 appurtenant to, or outside the limits of subdivision, which Plans 26 and Specifications are now on file in the Office of the City 27 Engineer of the City; and, 28 AS/mgl[Subdivimp.Agr] 1 September 20, 1990 1 - 2 D. WHEREAS, Council has approved said map and accepted 3 the dedications therein offered, or some thereof, on condition 4 that Subdivider first enter into and execute this Agreement with 5 the City; and, 6 E. WHEREAS, This Agreement is executed pursuant to the 7 provisions of the Subdivision Map Act of the State of California 8 and Title 19 San Bernardino Municipal Code. 9 NOW THEREFORE, for and in consideration of the approval of 10 the map and of the acceptance of the dedications , or some 11 thereof, therein offered and in order to insure satisfactory 12 performance by Subdivider of Subdivider's obligations under said 13 Subdivision Map Act and said Ordinance, the parties agree as 14 follows: 15 1. Performance of Work. Subdivider will do and perform, 16 or cause to be done and performed, at Subdivider's own expense, 17 in a good and workmanlike manner, and furnish all required 18 materials, all to the satisfaction of the City Engineer of City, 19 the work and improvements within (and/or without) the subdivision 20 to complete the improvements in accordance with the Plans and 21 Specifications on file as hereinbefore specified, or with any 22 changes required or ordered by said Engineer which, in his 23 opinion, are necessary or required to complete the work. 24 2. Work: Places and Grades to be Fixed by Engineer. All 25 of said work is to be done at the places, of the materials, in 26 the manner, and at the grades, all as shown upon the Plans and 27 Specifications therefor, heretofore approved by City Engineer and 28 which are now on file in his office, and to the satisfaction of BAS/mgl[Subdivimp.Agr] 2 September 20, 1990 1 2 said City Engineer. 3 3. Work: Time for Commencement and Performance. City 4 hereby fixes the time for the completion of said work to be 5 within from the date hereof. 6 4. Time of Essence - Extension. Time is of the essence of 7 this Agreement; provided that, in the event good cause is shown 8 therefor, the City Engineer may extend the time for completion of 9 the improvements hereunder. Any such extension may be granted 10 without notice to the Subdivider' s surety, and extensions so 11 granted shall not relieve the surety' s liability on the bond to 12 secure the faithful performance of this Agreement. The City 13 Engineer shall be the sole and final judge as to whether or not 14 good cause has been shown to entitle Subdivider to an extension. 15 5. Repairs and Replacements. Subdivider shall replace, or 16 have replaced, or repair, or have repaired, as the case may be, 17 all pipes and monuments shown on the map which have been 18 destroyed or damaged, and Subdivider shall replace, or have 19 replaced, repair, or have repaired, as the case may be, or pay to 20 the owner the entire cost of replacement or repairs, of any and 21 all property damaged or destroyed by reason of any work done 22 hereunder, whether such property be owned by the United States, 23 or any agency thereof, or the State of California, or any agency 24 or political subdivision thereof, or by the City, or by any 25 public or private corporation, or by any person whomsoever, or by 26 any combination of such owners. Any such repair or replacement 27 shall be to the satisfaction, and subject to the approval, of the 28 City Engineer. BAS/mgl[Subdivimp.Agr] 3 September 20, 1990 1 2 6. Utility Deposits - Statement. Subdivider shall file 3 with the City Clerk, prior to the commencement of any work to be 4 performed within the area delineated on the map, a written 5 statement signed by Subdivider, and each public utility 6 corporation involved, to the effect that Subdivider has made all 7 deposits legally required by such public utility corporation for 8 the connection of any and all public utilities to be supplied by 9 such public utility corporation within the Subdivision. 10 7. Permits: Compliance with Law. Subdivider shall, at 11 Subdivider's expense, obtain all necessary permits and licenses 12 for the construction of such improvements, give all necessary 13 notices and pay all fees and taxes required by law. Subdivider 14 shall comply with all provisions of the Subdivision Map Act and 15 Title 19 San Bernardino Municipal Code. 16 8. Superintendence by Subdivider. Subdivider shall give 17 personal superintendence to the work on said improvement, or have 18 a competent foreman or superintendent, satisfactory to the City 19 Engineer on the work at all times during progress, with authority 20 to act for Subdivider. 21 9. Inspection by City. Subdivider shall at all times 22 maintain proper facilities and provide safe access for inspection 23 by City to all parts of the work and to the shops wherein the 24 work is in preparation. 25 10. Contract Security. Concurrently with the execution 26 hereof, Subdivider shall furnish to City improvement security as 27 follows: 28 (a) An amount equal to at least one hundred percent (100$) BAS/mgl[Subdivimp.Agr] 4 September 20, 1990 1 2 of the total estimated cost of the improvement and 3 acts to be performed as security for the faithful 4 performance of this Agreement; 5 (b) An amount equal to at least fifty percent ( 50%) of the 6 total estimated cost of the improvements and acts to 7 be performed as security for the payment of all 8 persons performing labor and furnishing materials in 9 connection with this Agreement; and, 10 (c) An amount equal to at least twenty-five percent (25%) 1.1 of the total estimated cost of the improvements and 12 acts to be performed as security for the guarantee and 13 warranty of the work for a period of one ( 1 ) year 14 following the completion and acceptance thereof 15 against any defective work or labor done, or defective 16 materials furnished. 17 As a part of the obligation guaranteed by the 18 security and in addition to the face amount of the 19 security, there shall be included costs and reasonable 20 expenses and fees, including reasonable attorney' s 21 fees, incurred by City in successfully enforcing the 22 obligation secured. The type of security furnished 23 shall be in the form of bonds, deposits or letters of 24 credit as provided in Title 19 San Bernardino 25 Municipal Code, and the type shall be at the option of 26 and subject to the approval of the City Engineer and 27 the City Attorney. 28 BAS/mgl[Subdivimp.Agr] 5 September 20, 1990 i 1 2 11. Subdivider's Insurance. Subdivider shall not commence 3 work under this Agreement until Subdivider shall have obtained _ 4 all insurance required under this paragraph, and such insurance 5 shall have been approved by City Attorney as to form, amount and 6 carrier , nor shall Subdivider allow any contractor or 7 subcontractor to commence work on his contract or subcontract 8 until all similar insurance required of the contractor or 9 subcontractor shall have been so obtained and approved. All 10 requirements herein provided shall appear either in the body of 11 the insurance policies or as endorsements and shall specifically 12 bind the insurance carrier. 13 (a) Workers Compensation Insurance/Employer's Liability 14 Insurance. Subdivider shall maintain, during the life 15 of this Agreement, Worker's Compensation Insurance and 16 Employer's Liability Insurance for all Subdivider' s 17 employees employed at the site of improvement, and, in 18 case any work is sublet, Subdivider shall require any 19 contractor or subcontractor similarly to provide 20 Worker ' s Compensation Insurance and Employer ' s 21 Liability Insurance for all contractor ' s or 22 subcontractor's employees, unless such employees are 23 covered by the protection afforded by Subdivider. In 24 case any class of employees engaged in work under this 25 Agreement at the site of the project is not protected 26 under any Worker's Compensation Law, Subdivider shall 27 provide , and shall cause each contractor and A 28 subcontractor to provide, adequate insurance for the AS/mgl[Subdivimp.Agr] 6 eptember 20, 1990 1 2 pro.tection of employees not otherwise protected. 3 Subdivider shall indemnify City for any damage 4 resulting to it from failure of either Subdivider or 5 any contractor or subcontractor to take out or 6 maintain such insurance. 7 (b) Public Liability and Property Damage Insurance. 8 Subdivider shall take out and maintain, during the 9 life of this Agreement, such public liability and 10 property damage insurance as shall insure City, its 11 elective and appointive boards, commissions, officers, 12 agents and employees, Subdivider and any contractor or 13 subcontractor performing work covered by this 14 Agreement from claims for damages for personal injury, 15 ( as defined hereunder), including death, as well as 16 from claims for property damage or product liability 17 which may arise from Subdivider' s or any contractor's 18 or subcontractor's operations hereunder, whether such 19 operations be by Subdivider or any contractor or 20 subcontractor, or by anyone , including, without 21 limitation , agents , employees or independent 22 contractors, directly or indirectly employed by either 23 Subdivider or any contractor or subcontractor, and the 24 amounts of such insurance shall be as follows: 25 (1) Public Liability Insurance. In an amount not 26 less than One Million Dollars ($1,000,000.00) for 27 injuries, including, but not limited to, death, 28 to any one person, and, subject to the same limit AS/mgl[Subdivimp.Agrl 7 eptember 20, 1990 i NNW 1 2 for each person, in an *amount not less than One 3 Million Dollars ($1,000,000.00) on account of any 4 one occurrence; Product Liability Insurance 5 coverage should be part of the Public Liability 6 Insurance; 7 (2) Property Damage Insurance. In an amount not less 8 than One Million Dollars ($1,000,000.00) 9 for damage to the property of each person on 10 account of any one occurrence. 11 In the event that any of the aforesaid insurance 12 policies provided for in this Paragraph 11 insures any 13 entity, person, board or commission other than those 14 mentioned in this paragraph, such policy shall contain 15 a standard form of cross-liability endorsement, 16 insuring on such policy City, its elective and 17 appointive boards, commissions, officers, agents and 18 employees , Subdivider and any contractor or 19 subcontractor performing work covered by this 20 Agreement. 21 (3) Tail Coverage. Insurance coverage, albeit for 22 public liability or property damage, shall be 23 written, if possible, on an "occurrence" form 24 rather than a "claims made" policy. If the 25 insurance policy -is written on a "claims made" 26 policy, then additional coverage, entitled "tail 27 coverage" must be purchased to cover a period of 1- 28 one (1) year from completion of the project. All AS/mgl[Subdivimp.Agr] 8 eptember .20, 1990 _ 4w 1 2 subcontractors must and shall comply with the 3 same insurance provisions as the contractor(s ) 4 and subdivider(s) . 5 (4) Personal Injury - Defined. As used herein, the 6 term "personal injury" shall be defined as a hurt 7 or damage to one ' s person including, without 8 limitation, damage to health, cuts, bruises, 9 broken limbs and/or bones , or the like, 10 disabilities or impairments , including 11 aggravation of existing injuries, on invasion of 12 personal rights, including libel or slander 13 criminal conversation, malicious prosecution, 14 false imprisonment and mental suffering. 15 12. Evidence of Insurance. Subdivider and contractor 16 shall furnish City, concurrently with the execution hereof, with 17 satisfactory evidence of the insurance required, and evidence 18 that City is named and endorsed on the policy as an additional 19 insured. Subdivider and contractor shall also provide City with 20 evidence that each carrier will be required to give City at least 21 ten ( 10 ) days prior written notice of the cancellation or 22 reduction in coverage of any policy during the effective period 23 of this Agreement. 24 13. Hold Harmless/Indemnification. Subdivider( s)/ 25 Developer(s) hereby agree to and shall protect, defend, indemnify 26 and hold the City and its elective and appointive boards, 27 commissions, officers, agents, employees and servants free and 28 harmless from any and all liability losses, damages, claims, BAS/mgl[Subdivimp.Agr] 9 September 20, 1990 1 2 liens, demands and cause of action of' every kind and character 3 including, but not limited to, the amounts of judgments, 4 penalties, interests, court costs, attorney' s/legal fees, and all 5 other expenses incurred by the City arising in favor on any 6 party, including claims, liens, debts, demands for lost wages or 7 compensation, personal injuries, including employees of the City, 8 death or damages to property (including property of the City) and 9 without limitation by enumeration, all other claims or demands of 10 every character occurring or in any way incident to, in 11 connection with or arising directly or indirectly, ( including 12 from the negligent performance by its officers, employees, 13 agents ) from the terms of this Agreement , whether such 14 operations/incidents are caused by contractor, Subdivider or any 15 of contractor/Subdivider's subcontractors, contractors or by any 16 one or more persons directly or indirectly employed by or acting 17 as agent for contractor, Subdivider, or any one of contractor or 18 Subdivider's contractors or subcontractors. Subdivider/Developer 19 shall investigate, handle, respond to, provide defense for and 20 defend any such claims, demand, or suit at the sole expense of 21 the Subdivider/Developer even if the claim or claims alleged are 22 groundless, false or fraudulent. Subdivider agrees to, and 23 shall, defend City, its appointive boards, commissions, officers, 24 agents and employees from any suits or actions at law or in 25 equity for damages caused, or alleged to have been caused, by 26 reason of any of the aforesaid operations, provided as follows: 27 (a) That City does not, and shall not, waive any rights 28 against Subdivider which it may have by reason of the BAS/mgl[Subdivimp.Agr] 10 September 20, 1990 1 2 aforesaid hold harmless agreement, because of the 3 acceptance by City, or the deposit with City by 4 Subdivider, or any of the insurance policies described 5 in Paragraph 11 hereof. 6 (b) That the aforesaid hold harmless agreement by 7 Subdivider shall apply to all damages and claims for 8 damages of every kind suffered, or alleged to have 9 been suffered, by reason of any of the aforesaid 10 operations referred to in this paragraph, regardless 11 of whether or not City has prepared, supplied or 12 approved of Plans and/or Specifications for the 13 subdivision, or regardless of whether or not such 14 insurance policies shall have been determined to be 15 applicable.. to any of such damages or claims for 16 damages., 17 This provision is not intended to create any cause of action in 18 favor of any third party against Subdivider/Developer or the City 19 or to enlarge in any way the Subdivider's/Developer's liability 20 but is intended solely to provide for indemnification of the City 21 from liability for damage or injuries to third persons or 22 property arising from Subdivider/Developer ' s performance 23 hereunder. 24 14. Title to Improvements. Title to, and ownership of, 25 all improvements constructed hereunder by Subdivider shall vest 26 absolutely in City, upon completion and acceptance of such 27 improvements by City. 28 /mgl[Subdivimp.Agr] 11 eptember 20, 1990 �r 1 2 15. Repair or Reconstruction bf Defective Work. If, 3 within a period of one year after final acceptance of the work 4 performed under this Agreement, any 'structure or part of any 5 structure furnished and/or installed or constructed, or caused to 6 be installed or constructed by Subdivider, or any of the work 7 done under this Agreement, fails to fulfill any of the 8 requirements of this Agreement or the Specifications referred to 9 herein, Subdivider shall, without delay and without any cost to 10 City, repair or replace or reconstruct any defective or otherwise 11 unsatisfactory part or parts of the work or structure. Should 12 Subdivider fail to act promptly or in accordance with this 13 requirement, or should the exigencies of the situation as 14 determined by the City in the exercise of its sole discretion 15 require repair, replacement or reconstruction before the 16 Subdivider can be notified, City may, at its option, make the 17 necessary repairs or replacements or perform the necessary work, 18 and Subdivider shall pay to the City the actual cost of such 19 repairs plus fifteen percent (15%) . 20 16. Subdivider Not Agent of City. Neither Subdivider nor 21 any of Subdivider' s agents or contractors are, or shall be, 22 considered to be agents of City in connection with the 23 performance of Subdivider's obligations under this Agreement. 24 17. Cost of Engineering and Inspection. Subdivider shall 25 pay to City the costs of all permit fees for all engineering 26 inspections and other services connected with the City in regard 27 to the subdivision. Said fees shall be paid prior to commencing 28 any construction. AS/mgl[Subdivimp.Agr] 12 eptember 20, 1990 1 N 2 18. Notice of Breach and Default. If Subdivider refuses 3 or fails to obtain prosecution of the work, or any severable part 4 thereof, with such diligence as will insure its completion within 5 the time specified, or any extensions thereof, or fails to obtain 6 completion of said work within such time, or if the Subdivider 7 should be adjudged a bankrupt, or Subdivider should make a 8 general assignment for the benefit of Subdivider's creditors, or 9 if a receiver should be appointed in the event of Subdivider' s 10 insolvency, or if Subdivider, or any of Subdivider's contractors, 11 subcontractors, agents or employees, should violate any of the 12 provisions of this Agreement, City Engineer or City Council may 13 serve written notice upon Subdivider and Subdivider's surety of 14 breach of this Agreement, or of any portion thereof, and default 15 of Subdivider. 16 19. Breach of Agreement; Performance by Surety or City. 17 In the event of any such notice, Subdivider's surety shall have 18 the duty to take over and complete the work and the improvement 19 herein specified; provided, however, that if the surety, within 20 five days after the serving upon of such notice of breach, does 21 not give City written notice of its intention to take over the 22 performance of the contract, and does not commence performance 23 thereof within five days after notice to City of such election, 24 City may take over the work and prosecute the same to completion, 25 by contract or by any other method City may deem advisable, for 26 the account and at the expense of Subdivider, and Subdivider's 27 surety shall be liable to City for any excess cost or damages - 28 occasioned City thereby; and, in such event, City, without HAS/mgl[Subdivimp.Agr] 13 September 20, 1990 1 2 liability for so doing, may take possession of, and utilize in 3 completing the work, such materials, appliances, plant and other 4 property belonging to Subdivider as may be on the site of the 5 work and necessary therefor. 6 20. Notices. All notices herein required shall be in 7 writing, and delivered in person or sent by registered mail, 8 postage prepaid. 9 (a) Notices required to be given to City shall be 10 addressed as follows: 11 City Administrator City Hall 12 300 North "D" Street 13 San Bernardino, California 92418 14 (b) Notices required to be given to Subdivider shall be 15 addressed as follows: 16 yam- � 17 ,��a N _r� ��� alit 'VX-16'ar- 18 (c) Notices required to be given to surety of Subdivider 19 shall be addressed as follows: 20 /,v sco' e--0- 21 22 Provided that any party or the surety may change such address by 23 notice in writing to the other party, and, thereafter, notices 24 shall be addressed and transmitted to the new address. 25 21. Successors Bound. This Agreement shall be binding 26 upon and inure to the benefit of each of the parties and their 27 respective legal representatives, successors, heirs and assigns. 28 MAS/mgl[Subdivimp.Agr] 14 September 20, 1990 �I 1 2 IN WITMESS WHEREOF, the parties hereto have executed this 3 Agreement on the day and year first above written. 4 ATTEST: CITY OF SAN BERNARDINO 5 6 City Clerk Hy. TOti MINOR, Mayor 7 Approved as to form City of San Bernardino and legal content: 8 SUBDIVIDER: JAMES F. PENMAN, 9 City Attorney, Hy: 10 --� By: By: 11 ---- 12 13 INSTRUCTIONS 14 If the Subdivider is a corporation, the Agreement must be 15 executed in the corporate name and signed by the President or a 16 Vice-President and the Secretary or Assistant Secretary, and the 17 corporate seal affixed., If the Subdivider is a partnership, it 18 must be signed by all partners . If the Subdivider is an 19 individual doing business under a fictitious name, it must be 20 signed by all persons having an interest in the business, and the 21 fictitious name must be signed also. The Agreement must be 22 notarized. 23 24 STATE OF CALIFORNIA 2 COUNTY OF j ss. 26 e, On this day of 19 before the undersigned, a Notary Public in and for said County and 27 tate, personally appeared 28 ersonaily known to me ( or proved to me on the basis of atisfactory evidence to be the President, and AS/mgl[Subdivimp.Agr] 15 eptember 20, 1990 1 2 personally known to me ( or proved to . me on the basis o f 3 satisfactory evidence) to be the of the corporation that executed 4 the within instrument, and known to me to be the persons who executed the within instrument 5 on behalf of the corporation 6 therein named, and acknowledged to me that such corporation 7 executed the same, pursuant to its by-laws, or a resolution of 8 its Board of Directors. WITNESS my hand and official seal. 9 10 Notary Signature (This area for official seal. ) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AS/mgl[Subdivimp.Agr] 16 eptember 20, 1990 Commonwealth CommoxwEALTx LAND nnE ComPANY STATE OF CALIFORNIA ) COUNTY OF San Bernardi�00S On Dec. 8 , 1997 before me, the undersigned, a Notary Public in and for said County and State, personally appeared **R r ial Mp r r i t t** p ' known teme(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) tme e sub ribed to the within instrument and acknowled t?iee d to me tha he/they executed the i is/per/their authorized capacity(ies), and that b is er/their signature(s) on the instrument the per on s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MARLYS STEVENS NOTARY P BLIC Uj NOTARY om, #111271 NIA > 4. MY San Bernardino County Comm. Expires Sept.29,2000 STATE OF CALIFORNIA ) COUNTY OF ) ss On before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Date of Document: Other Signer(s) than Named Above: CT#1184