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HomeMy WebLinkAboutResolutions 89-342 N.C.S. 11/06/1989R~SOIUtI®rl No. 89-342 N,~,~, of the City of Petaluma, California 1 RESOLUTION AUTHORIZING CITY OF PETALUMA 2 TO ENTER INTO A PUBLIC IMPROVEMENT AGREEMENT 3 AND APPROVAL OF 4 THE ADDENDUM TO THE BAKER COURT 5 PUBLIC IMPROVEMENT AGREEMENT 6 7 8 WHEREAS, the City of Petaluma and the subdivider 9 (Faulkner-Gannon, Inc.) shall enter into a Public 10 Improvement Agreement for the improvements to Baker Court, 11 and 12 13 WHEREAS, the City of Petaluma desires certain 14 improvements to be made on Baker Court in Petaluma for the 15 public benefit, and 16 17 WHEREAS, the City Engineer has advised that the public 18 benefit would be best served by authorizing Faulkner-Gannon, 19 Inc. to construct the sanitary sewer main and reconnect the 20 existing sanitary sewer lots in Baker Court in conjunction 21 with the work to be performed on Baker Court, and 22 23 NOW, THEREFORE, RESOLVED that this Council hereby 24 approves the Addendum to the Baker Court Improvement 25 Agreement, which is attached hereto as Exhibit A and hereby 26 authorizes the City Manager to execute said Agreement. 27 28 29 BakerCt 30 31 Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and. adopted by the Council of the City of Petaluma at a (Regular) (~~j~xi>me~ij;~!f~~ecaaikmeeting on the .....6th....-....... day of ....................Novembe r.--..............., 19-.89, by the following vote: .-. •---•--~ AYES: Tencer, Woolsey, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss NOES: 0 ABSENT: Cava agh ATTEST : . .... ....................... ........ GC/...~ ~~ l~ ~...:: ~..... City Clerk U d~ Mayor Council File .................°----..°.-°..... cn io-ss ,le,. rvo......g.q.-.34.2...... rocs. AGREEMENT FOR PUBLIC CONSTRUCTION AND R`EIM;BURS'EMENT BY .CITY FORA PORTION OF COSTS (BAKER COURT) THIS AGREEMENT is made and entered into this day of p~G~~~g;~ 19~, by and between ~~¢UL.KNCYL ~aRNNo~l~ .l'n1G . her,einaf er referred. to as ".Applicant" and the CITY OF PETALUMA, a California .municipal corporation, hereinafter referred to as "CITY". WHEREAS, Applicant proposes to construct. certain improvements and additions to hisproperty located in the .City of Petaluma;. and, WHEREAS, as a .part of the construction project, certain public improvements will be constructed and upon completion, will be dedicated to the City; NOW, THEREFORE, it is agreed as follows: 1. Applicant will do and perform. ~or cause to be done and performed, at Applicant's own expense-, in ~a good and workmanlike manner, and furnish all required, materials, adl under the direction and to the satisfaction, of the City Engineer of ttie City, all of the following work and improvements:. for proposed street improvements. as shown on the improvements plans. and drawings entitled, a/~K~ Cav2! L-'GH:/'/Lo/C~+~tEA1T ~4~M5 approved ^/~- y 19~ Ap.plicant shall also do all, aiork and furnish all materials which, in the opinion of the City Engineer, and, on his order, are necessary 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. All of the work and improvements and materials. hall be done, performed, and 'installed in atrict accordance with the approved plans and specifications for the said work on file in the office of the City Engineer= of the .City of -1- • Petaluma. which said plans and specifications and standards are hereby referred #o a~n:d adopted and made. a part of this Agreement. In case there are not any standard specifications of the City for any of said work, it is agreed that the same shall be done and performed. in accordance with the standards :and specifications of the State of. California Department of Transportation. 2. Applicant agrees to deposit with. t<he City the estimated costs to be incurred by the .City for engineering and inspection services. It is agreed by .the parties that the estimated reasonable engineering and inspection costs are ~ {~ 3 55.42 Should the costs incurred, or to lae incurred, by the City be such that the deposit, herein required, be reduced to the extent that it appears, in the opinion of the City, to be insufficient, the .Applicant may •be required to deposit, within thirty (:30) days after written notice has been gw.en Applicant, such further sums as are deemed necessary to cover the reasonable expected cost.. In any event, Applicant agrees to pay to •the City the actual costs:.of engineering and inspection services within thirty (30') days after the actual costs of the same have been ascertained by the City. Receipt of the sum-of ~~ 355. ¢2 is hereby acknowledged. 3. -The project shall be completed not. later than 3(~O days after date of actual commencement. Upon satisfactory completion of the installation of the public .improvements, the Applicant agrees that within thirty (30) days after written notice by the City of its .readiness to . acquire the public improvements, the Applicant.. will make. execute, and deliver- to. the City ;an instrument or instruments of conveyance in the form ' and substances satisfactory to the City, conveying to the City ,good and sufficient title; to the public improvements. 4. -The City shall not be responsible or held liable in any manner whatsoever for any 'injury or damage which may be done to any person or properfy in the' course of installation of the public improvements by or on behalf of Lhe Applicant or which may result from such installations, and . -2- • the Appli'eant agrees to indemnify the City and hold it free, safe, and harmless ~of, from, and against any and all liability for the death of, .or injury to;, any person anal fo,r the loss of or damage to ,_ any property which may arise by reason of the acts done or omitted to be done in the eour"se of installation of the public improvements, b.y or on behalf of the • Applicant or which may result from such :in'stallation, and the Applicant further agrees to reimburse the City upon demand. for all costs and expenses which the City may -incur in :resisting any claim which may be made against the City for. any such injury or damage to any person or property. 5. When applicable, or upon. demand of the City, Applicant agrees to seat wakes on the street anal lot boundaries of the property and provide the ~Ci~ty with three (3)' sets; of plans of finished street grades and typical cross sections or other information which. may be required to enable the City to determine a location: for the services and "the depth to which they are to be laid. The City will determine the locations and depths of the services in relation 'to the data furnished by the Applicant. The installa- tion of -the services will not be commenced until- the installation of the mains by the Applicant ,and the rough grading of the streets in the property has been completed. In the event the City incurs any cost of expense by reason of inaccuracy of the Applicant in performance of his obligations under. this paragraph, the Applicant agrees to reimburse the City therefor prompfy upon demand and further agrees that such reimbursement shall not' be subject to refund. `by the City. 6. The City shall not be responsible for any delay in construction ,resulting from any' cause beyond its control, including but without limiting " . the;generality of "the foregoing, any delay resulting from inability to obtain s,uffici'ent proper- materials and supplies, labor disturbances. or shortages, or other governmental authorizations. 7. ~ All ~of said work "is to be done at the places, or the materials, in t_he manner, ,a_nd at .the4 grades, all as shown upon the plans and specifications -therefor., heretofore approved by City Engineer and which are no.w . on file in has office, and to the satisfaction of said. -City Engineer. -3- - 8. Applicant shall, at his expense, obtain all necessary permits and licenses for the construction of such improvements, ~ give all necessary notices, and' pay a1I fees and. taxes required. by law. , 9, Applicant 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 al'1 times during progress:, with authority to act for Applicant. 10. Applicant shall at all times maintain. proper facilities, and provide safe access' for inspection by City, to all parts of the work and to th'e shopswherein the work is in preparation . The inspection of work shall not relieve: the .Applicant of any of hips obliga"tions to complete the improve- ments. •as ,prescribed. ~De;fective work shall be made good and unsuitable materia~Is may be rejected,, notwithstanding the fact that such defective work and unsuitable mate_ vials may have been previously overlooked and accepted by the Engineer. 1:1. Concurrently with the execution :of this Agreement, the Applicant shall .present to and file with the City of Petaluma.,. either (1) a surety company bond,' (2) a~ Certifica'te of Deposit payable• to the City of Petaluma, or (3) an instrument of• credi't from a recognized financial institution in fhe • amount:.of ~ 45~~:8D.[fl$; The tendered from of security :must be .approved' in advance by the City A torney. • Bonds must- be issued by a company duly and regularly authorized to do a .general surety 'business in the State of California conditioned .upon. the` faithful performance .of this Agreemen"t and by its terms made to inure to :the. benefit: of the City. - Any instrument of credit deposited with the . City is deposited upon the condition That the financial institution. furnish- ing the credit :pledges to the City i~t has the, funds necessary, ~tfiat they are on deposit as guarantee for payment of the public improvements required and that said. funds: are held in trust for the purposes set forth in this Agreement. • Liability under said :bond. Certificate of Deposit, or instrument • o,f' credit shall be released upon completion. of all work and •public -4- . improvemen to the satisfaction of the City Engineer as provided by the • Subdivision 'Map Ac.t of the State of California. 12. The Applicant shall furnish a' labor and material bond in he amount of ~~.2.2,~0.3¢- --r. - ... securing paymen to the contractor, subcontractors, persons renting equipment. or furnishing labor or ,materials for the, public improvements required. to be made by 'this.. Agreement. The security may 'be cash, surety bond, or. instrument o.f credit as perrnitfed by the Subdivision Map Act of California. Such bond shall be retain.e.d by the City for a period of nine (`9') months following accep ante of the: public. improvements by the City Council. Form of said security s all be regulatedtn the same manner ' as the security mentioned in paragraph 11, above. 13. The Applicant shall furnish a monumenta'tion bond or cash deposit in the amount of; ~6Dd, O4 guaranteeing' the payment for the .installation of permanent monumentation. The monumentation shall be done. to the satisfaction of the City Engineer .and shall be completed within l~s calen`d`ar days from the actual date ,of commencement. 14.. The Applicant sh.a11 furnish as~ a condi"ton of acceptance of th`e public improvements by the City_ , a maintenance. bond in the amount of ~ ~ Sl8 b~. ~ guaranteeing said public improvements for a period of one year from the date `of acceptance by the City Council. 15^.. Applicant `hereby agrees to, and shall hold C_i;ty, its elective an'd' , appointive boards::, commissions, officers', agents, and employees harmless . ~ _ - .. from an.,y liability. for ;:damage:• or -claims for damage :for personal' injury, inclyding death.:, as well as from; claims• for property damage which may • .arise from, Applicant's or Applicant's contractors'', subcontractors', agents', or employeeoperations under this Agreement, whether such operations be •by Appl'cant or by any of. Applicant's contractors or subcontractors. App icant agrees to, and shall. defend. indemnify and hold harmless the . -5- City and its elective and appointive boards; commissions, officers, agents, • and emp':loyees from .any suits: or actions at law or in equity -for damages caused, or alleges .to have been caused, by reason of any of the aforesaid operations : • a. That City does not, and shall snot, waive any, rights. against Applicant which it may have b,y reason' of. the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Applicant, of any of the insurance po icies required, b. That the aforesaid hold harmless agreement by Applicant shall apply to all damages and claims for damages of every kind suffered, or alleged to -have: suffered, by reason of any of the aforesaid .operations referred to in this paragraph, regardless of whether or not City has pxepared, supplied or approved of plans .and/or specifica'tions' for the project, or regardless of whether or not such insurance policies. ~s'hall have been determined to be _ applicable to any of such damages .of claims for damages. - ~ c. Applicant :agrees that the use of any and. all streets and public improvemen s hereinabove required to be constructed shall be, at all times prior. to the final acceptance' of fhe public improvements by the City;. the sole and exclusive: risk of the Applicant. The City may, at its sole option,, issue permission ~to occupy all or a • portion of. the public- improvements prior to final acceptance- of said public mprovements.•, 'The issuamce of any permission to occupy said public: improvements located within the said public improvements shall, not be construed:. in any manner to be an acceptance and ap"proval of any .or all of. said streets and ••'improvements, or that stage •of development of -said streets and mprovements represented by .their conditions at the 'time of ~ y issuance of said occupancy permit or permits, or any stage of their development reached between •the period commencing with the .issuance of zany occupancy permit; Band the final acceptance of said public improvements. -6- 16. .Protection. of Public Safety. ~T.he~'Applicant is obligated to protect the public safety during all phases of the work, anal shall erect and maintain all necessary barricades.,' signs and warning devices ' necessary' to insure. .public protection.. In the event that. City discovers a condition on the site which in its determination constitutes an immediate danger..to public safety, and Applicant cannot respond at once, City may erect any barriers, signs :and warning devices it deems necessary. In such event, Appl'i'cantshall pay for the labor of City's crews at the rate of thirty-five (35) dollars 'per hour per man; plus the cost of any materials use°d and a reasonable: fee for use of, any barricades found necessary. In no event shall Applicant pay less than one. hour minimum per man assigned if City takes, action pursuant to this paragraph. 17. Applicant .shall, not commence work under this Agreement until Applicant shall hay..e obtained -all insurance required under this paragraph and such insurance shall. have .been approved by the City Attorney as to form and carrier and the Ci y Manager as to sufficiency., nor shall Applicant allow an.y contractor. or subcontractor to commence work on his contract or subcontract unti°t 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. . Contractor shall ,procure and maintain ,for the duration of the- contract. insurance- against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the 'Contractor, his agents., representatives, employees or u>contractors. The cost of such insurance shall be included. in the Contractor's bid. A . Minimum: Scope of Insurance ' Coverage shall be at least as broad as 1. Insurance Services Office form number GL 0002 (Ed. 1/T3.) ' covering Comprehensive General Liability and Insurance . ~ Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services -?- Office Commercial General Liability coverage ("occurrence" form CG 0"001) . 2. Insurance Services Office form number CA 000.1 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. ~ . 3. Workers' Compensation ins-uran_ce as required by the Labor Code of the State of California and Employers Liability insurance. B . Minimum Limits of Insurance .Contractor shall maintain limits no less than: 1. Comprehensive General Liability: $1,000',000 eocnbined single limit per occurrence for bodily injury, personal injury and '. property damage, or $2,000,ODO aggregate limit. 2. Automobile Liability: $1,000,00'0 combined single limit per - accident for bodily injury and property damage or $2,000,.:000' aggregate limit. 3. Workers' Compensation and Employers Liability; Workers' compensation -limits as required by the. Labor Code of the State of California and Employers Liability limits of $1,000,.000 per accident. - - C . Deductibles and Se f=Insured Retentions Any deductibles or self-insured rete"ntions must be declared to and: approved by the City. At ;the option of the City, either: The insurer shall reduce. or eliminate such deductibles or self-insu"red retentions as respects the ~ City, its officials and employees;. or the Contractor shall procure. a bond guaranteeing payment of losses and related investigations, claim. administration and defense expenses . D . Other Insurance- Provisions The policies, are to contain, orLbe endorsed to contain, the following provisions -8- 1.. General Liability and Automobile Liability Coverages.: _ a. The City, its officials, employees and volunteers are to be covered as insureds as respects: Liability arising out of activities performed b;y or on behalf of the Contractor.; products and. completed operations of the Contractor; premises owned,, leased or used by the ' Contractor; or .automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City. its o,ffcials~ employees or • volun eers . b.' The Contractor''s insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained b:y the City, its officials, employees or volunteers shall be excess of the Contractor's :insurance- and. shall not contribute with it. c. Any failure. to comply with reporting provisions of the policies shall not affect coverage provided to the City its officials, employees or or volunteers. d. Coverage shall state. that 'the Contractor's insurance shall apply separately to each insured against, whom claim is made -or suit is brought, except with respect to the limits of the insurer's liability. 2 . Workers'' Compensation and Employers Liability Coverage The insurer. shall agree to waive all- rights of subrogation againet the City, its officials; employees and volunteers for .losses arising from work performed by the Conaractor~;for• the City. 3. All. Coverages: Each insurance policy required by this clause shall. be endorsed to estate that coverage shall not b.e .suspended, oided, cancelled, reduced in coverage or in limits except _ after thirty (~30) days' prior written notice- by certified. :main, return receipt requested, has been given to the City. -9- - , . E..' A.cceptabi ity of Insurers -'Insurance is to be placed with insurers with a Bests' rating of ri'o less than A. F. Verification, of -Coverage Contractor shall furnish :the City ~ with certificates of insurance _ and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each - insurance policy are to be signed by a per-son authorized by that ~in5~urer to bind coverage on its behalf . The certificates and endorsements, are to lie received and approved by the City - before work commences. - G , .Subcontractors Contractor shall include all subcontractors as insureds under its ;policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject fo all of the .requirements stated herein. 18. Title to, an°d ownership of, all improvements constructed hereunder by Applicant. shall vest absolutely in City, upon.. completion and acceptance of such. improvements by the- City. 19 If within.. a period. of one (1) year after final acceptance of the work' performed under this Agreement, any structure furnished and/or installed or constructed, or caused to be installed tailed or constructed by .. .. Applicant,,, :or any of the work done under this Agreement fails to fulfill any 'of' .the requirements of this Agreement or the specifications referred- to - herein, Applicant shall without delay and without ':any' cost to City, repair or repaace or :reconstr.uct any 'defectige: or otherwise unsatisfactory part or parts of, the work or structure. Liability under the contracts of surety or - guaranteereferred to in this Agreement shall. be released upon the _ completion of all the .work and public improvements to the satisfactory of ' the. C"t-y Engineer. Should applicant fail to act. promptly or in accordance . -10- _ ;. with this requirement, or should the exigencies of the case require repairs ~, or replacemen s to be made before Applicant can be notified., City may, at . ,its opaion, make: -the necessary repairs orreplacements. of perform the necessary work and Applicant shall pay to ,City fhe a:ctu.al cost of such repairs plus fifteen percecit (15$) . 20.. :Neither ~Applcant,iior any:of Applicant's agents or contractors are o;r shall be considered to be agents of City in connection with the performance: of Applicant's obligations under this Agreement.. 21. If applicant 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 an}r extensions thereof, or fails to obtain comp etion of said work within such time, or if the Applicant should be judged bankr.upt~., or if tine App icant should make a general assignment for the benefit of Applicant's -creditors, or` if a receiver should be appointed 'in the event of the A.pplcant!s insolvency, 'or if Applicant or any of Applicant'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 Applicant and Applicant's surety of breach of this Agreement, or of any portion thereof, and default of Applicant. 22., In the event of any such notice,;.. Applicant's surety shall have the duty to take over and complete the work an'd improvements herein specified provided;, however, that if the surety within thirty (30) days after the serving upon it of such notice of breach, does not give City written notice of its- intention to take over- the performance. of the ~coatrac4-; and'. does -nct commence performance thereof within. five (5J days after notf`ce 'to Citp of such election, City may elect to take over the work and prosecute the same to completion, ~ by contract or b.y ,any other :method City, ma;y deem advisable, for the account and at the expense of Applicant, and' in such ~ event, City without. ;liability for so doing,. may take possession "of, and utilize in completing the work, such materials, appliance's,plant -11- - and' other property belonging to Applicant as may be on the site of the work and necessary -therefor. The Applicant shall be liability to th'e City for any excess costs, c'laims., damages,, liability, or expenses of whatever nature 'or kind, direct or indirect, including reasonable attorney .fees which are- directly or indirectly caused by execution and enforcement of this Agreement. 23. Reimbursement. A.. In consideration for Applicant locating and disconnecting existing sewer laterals and reconnecfn,g to anew sewer, Ci y agrees to pay Applicant. a s.um ;equal to the actual cost of construction. City and Applicant estimate the total of such sums ao be approximately $7, 000.00. The parties agree the price stated above is an estimate and` the actual cost of work performed for the City's benefit may vary. The. estimated cost has been de ermined according to Mogel Engineer's estimate attached Hereto as Exhibit "A" , with specific reference to page 2, item 8.5. B. -City shall pay Applicant as work progresses for work ~~ performed each month. Applicants .request for payment shall be accompanied by documentation of Applicant's actual cost. C. If a dispute arises as to the :actual cost under Sect"ion 23.A which- cannot be settled by they parties, the amount which is not in dispute shall be paid forthwith to Appicant, and the parties shall submit. the issue of the balance to be paid to arbitration pursuant to, Article. 3, Title 9 of the California ,Code of Civil Procedure (commencing with Section 1280) . 2:4. Notice. Any notice which is herein provided may or shall be given by either .party to .the other shall 'be deemed to have been duly given when deposited in the United States mail postage prepaid. and addressed ~ta the party, to whom such notice is given at the following respect e a resses Applicant : ~/~ UL~lt1 C72_- C7/Q-~//~~~, i r~C ~ Urs"~4 C~•2-T L°orZ7~ ltit/~D~14 , C~ ~J' ~/92~ City: City Manager City of Petaluma 11 English Street P.O. Box 61 Petaluma, CA 94953 Either party, by notice given as hereinbefore provided, may change the ad"dress. "to .w.hieh notice shall thereafter be addressed. . 25. If more "than one person is named in paragraph one hereof, the obligations of the persons executing this Agreement as Applicant shall be joint and several -obligations, Unless otherwise specifically provided herein., any Applicants who are named in para"graph one hereof as husband and wife shall~.be deemed to participate in this A"greement as joint tenants with the sigh<t of. survivorship. 26. This Agreement shall .inure to the benefit of and shall bind the respecti"ve 'heirs, executors, administrators, successors, and assigns of the parties hereto. 27 . Work required :hereunder shall commence within days .from the date this Agreement is executed. ~ * * ~ # Name and address, of bonding company A.yV(„~.E:GS°I ~ SuR~t~/ L/tl5yIL4N:C$ Ca . /oo C;¢'L,`iFoa2N"!W 5T . Su~T~ 72G SA~F H2~~sco~ c~ ~ 94~11~1 - '/// .//% %/% -13- - Name and add-Tess of insurance carrier: ', !7A U`~t~ DzT ~ p' C ~ . 24'•9;5 ~~i ti%1 Gf~.~~ ~ s~~,~ 2c~ ~~ack7an! , ~A- 9v~2a7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the. day and year first above written. The City of Petaluma,. a Municipal Corporation ,, J By-~ , v. -ltiti.~-/ it_~~ Manager ATTEST; ity er DE'P'UTY CIT1( CLERK . Form completed an:d approved: ep'artment ea ~~ Approve. y itq 'ttorney~ in. i .~ u - form n forcril -14- w.~~%-~ proposed ~" gun;'t~.--~ S~;a~ ~;. __,~.- ,, / r ~ . -~ - -----/ ~. Q~ {' ~ YsI i~-e-~ E~:~a iftt D .... L--~J. ~ i ;!Ya< Qsxy ~,s - ~ar\~ iar~ - S~e.W e/ FAUL•KNE'R - GAIUNON, tMC BAKER COURT ;,, ~,. ~'~/ t• ~ . ..,., ~-~ ~. •{~` -.,o{ ~ T•s r tt~fl9 • . ~~l•a+ta t tot•t t` LOT 3 \t'