HomeMy WebLinkAbout19- Public Works CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
File No TR 15652
From: ROGER G. I3ARDGRAVE Subject: Approval of Final clap for Tract
No. 15652 - South Side of Mill
Dept: Public Works Street at the Northeast Corner
RIGINAL S Esperanza Street and Dallas
Date:
10-31-96 ® Avenue
Synopsis of Previous Council action:
None.
tt k:
U Y Y
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
Signature
Contact person: Youn H. K irl Phone: 5 0 2 7
Staff Report, Map
Supporting data attached: & Resolution Ward: 3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Res 96- j 7
75-0262 Agenda Item No. Iq
ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Tentative Tract No. 15652 was approved by the Planning
Commission on 09-05-95 .
Tract No. 15652 is a 13-lot Single Family Residential
subdivision. The required improvement securities and
certificates of insurance have been filed with the Department of
Public Works and the prescribed fees have been paid. Also, the
improvement and grading plans have been prepared and are ready
for approval.
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.
10-31-96
75-0264
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1
2 AGREEMENT
3 (Subdivision Improvements)
4 THIS AGREEMENT is made and entered into as of this
5 day of , 19 , by and between the CITY OF SAN
6 BERNARDINO, a Municipal Corporation, hereinafter referred to as
7 "City" , and YOUNG HOMES, a California General Partnership
8 hereinafter referred to as "Subdivider" .
9 RECITALS
10 A. WHEREAS, Subdivider has presented to City for approval a
11 final subdivision map (hereinafter called "map" entitled
12 TRACT NO. 15652
13 and,
14 B. WHEREAS, the map has been filed with the City for
15 presentation to the City Council (hereinafter called "Council") of
16 the City for its approval, which map is hereby referred to and
17 incorporated herein; and,
18 C. WHEREAS, Subdivider has requested approval of the map
19 prior to the construction and completion of improvements, including
20 all streets, highways or public ways and public utility facilities
21 which are a part of, or appurtenant to, the subdivision
22 (hereinafter called "subdivision") designated in the map, all in
23 accordance with, and as required by, the Plans and Specifications
24 for all or any of said improvements in, appurtenant to, or outside
25 the limits of subdivision, which Plans and Specifications are now
26 on file in the Office of the City Engineer of the City; and,
27 D. WHEREAS, Council has approved said map and accepted the
28 dedications therein offered, or some thereof, on condition that
1
1 Subdivider first enter into and execute this Agreement with the
2 City; and,
3 E. WHEREAS, This Agreement is executed pursuant to the
4 provisions of the Subdivision Map Act of the State of California
5 and Title 19 San Bernardino Municipal Code.
6 NOW THEREFORE, for and in consideration of the approval of the
7 map and of the acceptance of the dedications, or some thereof,
8 therein offered and in order to insure satisfactory performance by
9 Subdivider of Subdivider's obligations under said Subdivision Map
10 Act and said Ordinance, the parties agree as follows:
11 1. Performance of Work. Subdivider will do and perform, or
12 cause to be done and performed, at Subdivider's own expense, in a
13 good and workmanlike manner, and furnish all required materials,
14 all to the satisfaction of the City Engineer of City, the work and
15 improvements within (and/or without) the subdivision to complete
16 the improvements in accordance with the Plans and Specifications on
17 file as hereinbefore specified, or with any changes required or
18 ordered by said Engineer which, in his opinion, are necessary or
19 required to complete the work.
20 2 . Work: Places and Grades to be Fixed by Engineer. All of
21 said work is to be done at the places, of the materials, in the
22 manner, and at the
grades, all as shown upon the Plans and
23 Specifications therefor, heretofore approved by City Engineer and
24 which are now on file in his office, and to the satisfaction of
20 said City Engineer.
26 3 . Work: Time for Commencement and Performance. City
27 hereby fixes the time for the completion of said work to be within
28 24 MONTHS from the date hereof.
2
1 4 . Time of Essence - Extension. Time is of the essence in
2 this Agreement; provided that, in the event good cause is shown
3 therefor, the City Engineer may extend the time for. completion of
4 the improvements hereunder. Any such extension may be granted
5 without notice to the Subdivider's surety, and extensions so
6 granted shall not relieve the surety's liability on the bond to
7 secure the faithful performance of this Agreement. The City
8 Engineer shall be the sole and final judge as to whether or not
9 good cause has been shown to entitle Subdivider to an extension.
10 5. Repairs and Replacement. Subdivider shall replace, or
11 have replaced, or repair, or have repaired, as the case may be, all
12 pipes and monuments shown on the map which have been destroyed or
13 damaged, and Subdivider shall replace, or have replaced, repair, or
14 have repaired, as the case may be, or pay to the owner the entire
15 cost of replacement or repairs, of any and all property damaged or
16 destroyed by reason of any work done hereunder, whether such
17 property be owned by the United States, or any agency thereof, or
18 the State of California, or any agency or political subdivision
19 thereof, or by the City, or by any public or private corporation,
20 or by any person whomsoever, or by any combination of such owners.
21 Any such repair or replacement shall be to the satisfaction, and
22 subject to the approval, of the City Engineer.
23 6 . Utility Deposits - Statement. Subdivider shall file with
24 the City Clerk, prior to the commencement of any work to be
25 performed within the area delineated on the map, a written
26 statement signed by Subdivider, and each public utility corporation
27 involved, to the effect that Subdivider has made all deposits
28
3
1
legally required by such public utilities to be supplied by such
2 public utility corporation within the Subdivision.
3
7 . Permits: Compliance with Law. Subdivider shall , at
4
ubdivider's expense, obtain all necessary permits and licenses for
5
he construction of such improvements, give all necessary notices
6
and pay all fees and taxes required by law. Subdivider shall
7
comply with all provisions of the Subdivision Map Act and Title 19
8
San Bernardino Municipal Code.
9
8 . Superintendence by Subdivider. Subdivider shall give
10
ersonal superintendence to the work on said improvement, or have
11
competent foreman or superintendent, satisfactory to the City
12
ngineer on the work at all times during progress, with authority
13
to act for Subdivider.
14
9. Inspection by City. Subdivider shall at all times
15
maintain proper facilities and provide safe access for inspection
16
by City to all parts of the work and to the shops wherein the work
17
is in preparation.
18
10. Contract Security. Concurrently with the execution
19
hereof, Subdivider shall furnish to City improvement security as
20
follows:
21
22 a. An amount equal to at lease one hundred percent (100%) of
23 the total estimated cost of the improvement and acts to
24 be performed as security for the faithful performance of
this Agreement;
25
26 b. An amount equal to at least fifty percent (50%) of the
total estimated cost of the improvements and acts to be
27
28 performed as security for the payment of all persons
A
I performing labor and furnishing materials in connection
2 with this Agreement; and,
3 C. An amount equal to at least twenty-five percent, (25%) of
4 the total estimated cost of the improvements and acts to
5 be performed as security for the guarantee and warranty
6 of the work for a period of one (1) year following the
7 completion and acceptance thereof against any defective
8 work or labor done, or defective materials furnished.
9 As a part of the obligation guaranteed by the
10 security and in addition to the face amount of the
11 security, there shall be included costs and reasonable
12 expenses and fees, including reasonable attorney's fees,
13 incurred by City in successfully enforcing the obligation
14 secured. The type of security furnished shall be in the
15 form of bonds, deposits or letters of credit as provided
16 in title 19 San Bernardino Municipal Code, and the type
17 shall be at the option of and subject to the approval of
18 the City Engineer and the City Attorney.
19 11. Subdivider's Insurance. Subdivider shall not commence
20 work under this Agreement until Subdivider shall have obtained all
21 insurance required under this paragraph, and such insurance shall
22 have been approved by City Attorney as to form amount and carrier,
23 nor shall Subdivider allow any contractor or subcontractor to
24 commence work on his contract or subcontract until all similar
25 insurance required of the contractor or subcontractor shall have
I
26 been so obtained and approved. All requirements herein provided
s 27
shall appear either in the body of the insurance policies or as
28 endorsements and shall specifically bind the insurance carrier.
5
I a. Worker's Compensation Insurance/Employer's Liability
2 Insurance. Subdivider shall maintain, during the life of
3 this Agreement, Worker's Compensation Insurance and
4 Employer's Liability Insurance for all Subdivider's
5 employees employed at the site of improvement, and, in
6 case any work is sublet, Subdivider shall require any
7 contractor or subcontractor similarly to provide Worker's
8 Compensation Insurance and Employer's Liability Insurance
9 for all contractor's or subcontractor's employees, unless
10 such employees are covered by the protection afforded by
11 Subdivider. In case any class of employees engaged in
12 work under this Agreement at the site of the project is
13 not protected under any Worker's Compensation Law,
14 Subdivider shall provide, and shall cause each contractor
15 and subcontractor to provide, adequate insurance for the
16 protection of employees not otherwise protected.
17 Subdivider shall indemnify City for any damage resulting
18 to it from failure of either Subdivider or any contractor
19 or subcontractor to take out or maintain such insurance.
20 b. Public Liability and Property Damage Insurance.
21 Subdivider shall take out and maintain, during the life
22 of this Agreement, such public liability and property
23 damage insurance as shall insure City, its elective and
24 appointive boards, commissions, officers, agents and
25 employees, Subdivider and any contractor or subcontractor
26 performing wok covered by this Agreement from claims for
27 damages for personal injury, (as defined hereunder) ,
28 including death, as well as from claims for property
6
1 damages for personal injury, (as defined hereunder) ,
2 including death, as well as from claims for property
3 damage or product liability which may arise from
4 Subdivider's or any contractor's or subcontractor's
5 operations hereunder, whether such operations be by
6 Subdivider or any contractor or subcontractor, or by
7 anyone, including, without limitation, agents, employees
8 or independent contractors, directly or indirectly
9 employed by either Subdivider or any contractor or
10 subcontractor, and the amounts of such insurance shall be
11 as follows:
12 (1) Public Liability Insurance. In an amount no less
13 than One Million Dollars
($1, 000, 000. 00) for
14 injuries, including, but not limited to, death, to
15 any one person, and, subject to the same limit for
16 each person, in an amount not less than One Million
17 Dollars ($1, 000, 000. 00) on account of any one
18 occurrence; Product Liability Insurance coverage
19 should be part of the Public Liability Insurance;
20 (2) Property Damage Insurance. In an amount not less
21 than One Million Dollars ($1, 000, 000. 00) for damage
22 to the ro ert
p p y of each person on account of any
23 one occurrence.
24 In the event that any of the aforesaid insurance policies
25 provided for in this Paragraph 11 insures any entity,
26 person, board or commission other than those mentioned in
27 this paragraph, such policy shall contain a standard form
28 of cross-liability endorsement, insuring on such policy
7
1 contractor or subcontractor performing work covered by
2 this Agreement.
3 (3) Tail coverage. Insurance coverage, albeit for
4 public liability or property damage, shall be
5 written if possible, on an "occurrence" form rather
6 than a "claims made" policy. If the insurance
7 policy is written on a "claims made" policy, then
8 additional coverage, entitled "tail coverage" must
9 be purchased to cover a period of one (1) year from
10 completion of the project. All subcontractors must
11 and shall comply with the same insurance provisions
12 as the contractor(s) and subdivider(s) .
13 (4) Personal Injury - Defined. As used herein, the
14 term "personal injury" shall be defined as a hurt
15 or damage to one's person including, without
16 limitation, damage to health, cuts, bruises, broken
17 limbs and/or bones, or the like, disabilities or
18 impairments, including aggravation of existing
19 injuries, on invasion of personal rights, including
20 libel or slander, criminal conversation, malicious
21 prosecution, false imprisonment and mental
22 suffering.
23 12 . Evidence of Insurance. Subdivider and contractor shall
24 furnish City, concurrently with the execution hereof, with
25 satisfactory evidence of the insurance required, and evidence that
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26 City is named and endorsed on the policy as an additional insured.
I 27
Subdivider and contactor shall also provide City with-evidence that
28 each carrier will be required to give City at least ten (10) days
8
I prior written notice of the cancellation or reduction in coverage
2 of any policy during the effective period of this Agreement.
3 13 . H o l d H a r m l e s s / I n d e m n i f i c a t i o n .
4 Subdivider(s)/Developer(s) hereby agree to and shall protect,
5 defend, indemnify and hold the City and its elective and appointive
6 boards, commissions, officers, agents, employees and servants free
7 and harmless from any and all liability losses, damages, claims,
8 liens, demands and cause of action of every kind and character
9 including, but not limited to, the amounts of judgments, penalties,
10 interests, court costs, attorney's/legal fees, and all other
11 expenses incurred by the City arising in favor on any party,
12 including claims, liens, debts, demands for lost wages or
13 compensation, personal injuries, including employees of the City,
14 death or damages to property (including property of the City) and
15 without limitation by enumeration, all other claims or demands of
16 every character occurring or in any way incident to, in connection
17 with or arising directly or indirectly, (including from the
18 negligent performance by its officers, employees, agents) from the
19 terms of this Agreement, whether such operations/ incidents are
20 caused by contractor, Subdivider or any of contractor/ Subdivider's
21 subcontractors, contractors or by any one or more persons directly
22 or indirectly employed by or acting as agent for contractor,
23 Subdivider, or any one of contractor or Subdivider's contractors or
24 subcontractors. Subdivider/Developer shall investigate, handle,
25 respond to, provide defense for and defend any such claims, demand,
26 or suit at the sole expense of the Subdivider/Developer even if the
27 claim or claims alleged are groundless, false or fraudulent.
28 Subdivider agrees to, and shall, defend City, its appointive
9
1 boards, commissions, officers, agents and employees from any suits
2 or actions at law or in equity for damages caused, or alleged to
' 3 have been caused, by reason of any of the aforesaid operations,
4 provided as follows:
5 a. That City does not, and shall not, waive any rights
6 against Subdivider which it may have by reason of the
7 aforesaid harmless agreement, because of the acceptance
8 by City, or the deposit with City by Subdivider, or any
9 of the insurance policies described in Paragraph 11
10 hereof.
11 b. That the aforesaid hold harmless agreement by Subdivider
12 shall apply to all damages and claims for damages of
13 every kind suffered, or alleged to have been suffered, by
14 reason of any of the aforesaid operations referred to in
15 this paragraph, regardless of whether or not City has
16 prepared, supplied or approved of Plans and/or
17 Specifications for the subdivision, or regardless of
18 whether or not such insurance policies shall have been
19 determined to be applicable to any of such damages or
20 claims for damages.
21 This provision is not intended to create any cause of action in
22 favor of any third party against Subdivider/Developer or the City
23 or to enlarge in any way the Subdivider's/Developer's liability,
24 but is intended solely to provide for indemnification of the City
25 from liability for damage or injuries to third persons or property
26 arising from Subdivider's/Developer's performance hereunder.
27 14 . Title to Improvements. Title to, and ownership of, all
28 improvements constructed hereunder by Subdivider shall vest
10
1 absolutely in City, upon completion and acceptance of suc
2 improvements by City.
3 15. Repair or Reconstruction of Defective Work. 'If, withi
4 a period of one year after final acceptance of the work performed
5 under this Agreement, any structure or part of any structure
6 furnished and/or installed or constructed, or caused to be
7 installed or constructed by Subdivider, or any of the work don
8 under this Agreement, fails to fulfill any of the requirements of
9 this Agreement or the Specifications referred to herein, Subdivide
10 shall, without delay and without any cost to City, repair o
11 replace or reconstruct any defective or otherwise unsatisfactor
12 part or parts of the work or structure. Should Subdivider fail t
13 act promptly or in accordance with this requirement, or should the
14 exigencies of the situation as determined by the City in the
15 exercise of its sole discretion require repair, replacement o
16 reconstruction before the Subdivider can be notified, City may, at
17 its option, make the necessary repairs or replacements or perforr
18 the necessary work, and Subdivider shall pay to the City the actual
19 cost of such repairs plus fifteen percent (15%) .
20 16. Subdivider Not Agent of City. Neither Subdivider nor an
21 of Subdivider's agents or contractors are, or shall be, considered
22 to be agents of City in connection with the performance of
23 Subdivider's obligations under this Agreement.
24 17 . Cost of Engineering and Inspection. Subdivider shall pa
25 to City the costs of all permit fees for all engineering
26 inspections and other services connected with the City in regard t
27 the subdivision. Said fees shall be paid prior to commencing an
28 construction.
11
1 18 . Notice of Breach and Default. If Subdivider refuses or
2 fails to obtain prosecution of the work, or any severable part
3 thereof, with such diligence as will insure its completion within
4 the time specified, or any extensions thereof, or fails to obtain
5 completion of said work within such time, or if the Subdivider
6 should be adjudged a bankrupt, or Subdivider should make a general
7 assignment for the benefit of Subdivider's contractors,
8 subcontractors, agents or employees, should violate any of the
9 provisions of this Agreement, City Engineer or City Council may
10 serve written notice upon Subdivider and Subdivider's surety of
11 breach of this Agreement, or of any portion thereof, and default of
12 Subdivider.
13 19 . Breach of Agreement; Performance by Surety or City. In
14 the event of any such notice, Subdivider's surety shall have the
15 duty to take over and complete the work and the improvement herein
16 specified; provided, however, that if the surety, within five days
17 after the serving upon of such notice of breach, does not give City
18 written notice of its intention to take over the performance of the
19 contract, and does not commence performance thereof within five
20 days after notice to City of such election, City may take over the
21 work and prosecute the same to completion, by contract or by any
22 other method City may deem advisable, for the account and at the
23 expense of Subdivider, and Subdivider's surety shall be liable to
24 City for any excess cost of damages occasioned City thereby; and,
20 in such event, City, without liability for so doing, may take
26 possession of, and utilize in completing the work, such materials,
27 appliances, plant and other property belonging to Subdivider as may
28 be on the site of the work and necessary therefor.
12
1 20. Notices. All notices herein shall be in writing, an
2 delivered in person or sent by registered mail, Postage g prepaid.
3 a. Notices required to be given to City shall be addresse
4 as follows:
5 City Administrator
6 City Hall
300 North 'D' Street
7 San Bernardino, California 92418
8 b. Notices required to be given to Subdivider shall b
9 addressed as follows:
10 10370 COMMERCE CENTER DR. # 210
11 RANCHO CUCAMONGA, CA 91730
12 C. Notices required to be given to Subdivider shall b
13 addressed as follows:
14 INSCO/DICO - 17780 FITCH
15 IRVINE, CA 92714
16 Provided that any party or the surety may change such address by
17 notice in writing to the other party, and, thereafter, notice
18 shall be addressed and transmitted to the new address.
19 21. successors Bound. This Agreement shall be binding upo
20 and inure to the benefit of each of the parties and thei
21 respective legal representatives, successors, heirs and assigns.
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1 IN WITNESS WHEREOF, the parties hereto have executed this
2 Agreement on the day and year first above written.
3 ATTEST: CITY CF SAN BERNARDINO
4
By:
5 City Clerk Tom Minor, Mayor
6 City of San Bernardino
Approved as to form
7 and legal content:
SUBDIVIDER:
8 JAMES F. PENMAN,
City Attorney
9 By:
10 By: vr� 7�' �%i? By:
INSTRUCTIONS
12
13 If the Subdivider is a corporation, the Agreement must be
14 executed in the corporate name and signed by the President or a
15 Vice-President and the Secretary of Assistant Secretary, and the
16 corporate seal affixed. If the Subdivider is a partnership, it
17 must be signed by all partners. If the Subdivider is an individual
18 doing business under a fictitious name, it must be signed by all
19 persons having an interest in the business, and the fictitious name
20 must be signed also. The Agreement must be notarized.
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