February 15, 2022, Item #5
AGENDA REPORT City of Poway
DATE:
TO:
FROM:
CONTACT:
February 15, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services ,fr\
Tracy Beach, Senior Civil Engineer-rf)
(858) 668-4652 or [email protected]
CITY COUNCIL
SUBJECT: Acceptance of Public Improvements for the Filhart Residence Project, Wl18-001 Summary:
Public Improvement Plan Wl18-001 includes the installation of a new public water main with associated appurtenances as required for the development of a single-family residence on Deer Valley Estates. The improvements are complete and ready for acceptance.
Recommended Action:
It is recommended that the City Council:
1. Accept the improvements shown on drawing Wl18-001 as complete;
2. Release the Performance Bond in the amount of $126,600.00;
3. Release the Payment Bond, in the amount of $63,300.00;
4. Retain the Warranty Bond in the amount of $12,660.00 for a period of one (1) year.
Discussion:
The construction has been completed in accordance with the Standard Agreement for Construction of Public Improvements (Attachment A) and accepted by the Engineering Inspection Division. Staff finds the project to be complete in accordance with the project plans and specifications. As noted in the attached agreement, the City Council must accept the improvements.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA) Guidelines.
Fiscal Impact:
None.
1 of 13
February 15, 2022, Item #5
Public
Notification:
None. Attachments: A.
Standard
Agreement
Reviewed/
Approved
By:
Wen
dy
serman
Assistant
City
Manager
2 of
13 Reviewed
By
:
Alan
Fenstermacher
City
Attorney
Ap
~
Chri
az
·
City
Manager
February 15, 2022, Item #5
Poway, California 11
STANDARD AGREEMENT FOR CONSTRUCTION
OF PUBLIC IMPROVEMENTS
(Wl18-001)
ent Date
The CITY OF POWAY ("CITY") and Gregory D. Filhart and Kimanh G. Filhart (collectively known as "OWNER
11 ) agree as follows:
A. OWNER is required to construct the following public improvements (1'work") for the above-referenced project:
a. Installation of water main and one fire hydrant within a City easement.
8. CITY-approved plans and specifications for the construction of the work, whtch are incorporated herein by reference, and identified Water Line Improvement Plans for (WI 18-001 ).
C. The following are attached hereto and made a part hereof:
Schedule A Public Improvements
1. IMPROVEMENTS: TIME TO PERFORM: For valuable consideration OWNER agrees to do, or cause to be done, at OWNER's expense and without any cost or liability to the CITY, all of the work described herein by the date specified on Schedule A OWNER warrants that all of the materials supplied and work to be done will be of good quality and workmanship. Said work shall be in strict conformity with the plans and specifications of the work, the standard specifications and drawings for public improvements adopted by CITY, and this agreement. OWNER shall furnish all transportation, equipment, labor, services, permits, utilities, and all other items necessary to complete the work. OWNER shall pay all claims, demands, and liability arising out of or resulting from or in connection with the performance of the work. OWNER shall furnish accurate 11 as constructed" plans.
In addition, Owner shall, prior to acceptance of the work by City Council, set all final monuments and stakes. OWNER's obligations herein are not limited by any cost estimates, nor will any estimate be a measure of damages. (11.11)
3 of 13
CITY, in its sole discretion and without liability to CITY, City Council Members, CITY's Engineer and their consultants, and each of their officials, directors, officers, employees and agents, may require changes, alterations, or additions to the plans and specifications which do not exceed ten percent (10%) of the original CITY approved cost estimate of the work. CITY, in its sole discretion and without liability to CITY, City Council Members, CITY's Engineer and their consultants, and each of their officials, directors, officers, employees and agents, may require changes, alterations, or additions in addition to said ten percent (10%) limitation if required to correct errors or omissions in the approved plans and specifications, and for unforeseen conditions such as, but not limited to, rock excavation, unstable soil conditions, or high water tables requiring de-watering.
Agreement - 1 of 8
ATTACHMENT A
February 15, 2022, Item #5
2. INSURANCE: OWNER shall not commence or continue to perform any work unless OWNER has in full force and effect all required insurance with companies satisfactory to CITY. To be acceptable, insurers must be authorized to do business and have an agent for service of process in California, and have an "A" policyholder's rating and a financial rating of at least Class XI in accordance with the current Best's Ratings. OWNER shall not permit any contractor or subcontractor to perform any work unless the worker's compensation insurance requirements have been complied with by each of them. All insurance policies shall be maintained until the work is accepted by the CITY and provide for coverage of all causes of action or disputes arising out of acts in performance of the construction of the public improvement herein whether said causes or disputes are filed or brought to the attention of the CITY before or after the CITY acceptance of work. (11.11)
4 of 13
With approval of the CITY's Attorney1 insurance coverage required by this section may be satisfied by insurance held in name of prime contractor of OWNER, provided that prime contractor coverage is sufficiently broad to include all losses on job site.
As evidence of coverage, OWNER shall provide certificates of insurance and endorsement of CITY forms. Each certificate shall bear an endorsement waiving right of cancellation or change in coverage without forty-five (45) days' notice in writing delivered to CITY.
Before issuance of construction permit1 OWNER shall provide certificate(s) of insurance, satisfactory to CITY, certifying that OWNER, and each of OWNER'S contractors, has for the agreement period, full worker's compensation insurance coverage for all persons who are or may be employed in carrying out the work.
Before issuance of construction permit, OWNER shall provide to CITY, certificates of insurance and endorsements that OWNER has liability insurance coverage naming CITY as additional insured for both bodlly injury and property damage in a single limit of not less than that specified on Schedule A for any one occurrence.
Liability insurance coverage shall include each of the following types of insurance as required by the CITY to carry out this agreement.
A.
1. 2.
3. 4,
5,
6. 7.
8. 9.
General Liability
Comprehensive Form
Premises-Operations
Explosion and Collapse Hazard
Underground Hazard
Products/Completed Operations
Hazard
Contractual Insurance
Broad Form Property Damage
Including Completed Operations
Independent Contractors
Personal Injury
8. 1.
2,
3. 4.
Automobile Liability
Comprehensive Form,
Including Loading and Unloading
Owned
Hired
Non-Owned
Contractual insurance shall be sufficiently broad to indemnify CITY as set forth ln Paragraph 4. Any liability insurance naming the CITY insured! shall include as additional insured City Council Members, C!TY's Engineer and their consultants, officials! directors, officers, agents1 and. employees. Insurance afforded them shall be primary insurance and the amount provided shall not be reduced or prorated by reason of any other insurance they might have.
Agreement - 2 of 8
February 15, 2022, Item #5
Nothing
contained
in
these
insurance
requirements
shall
limit
the
liability
of
OWNER
or
OWNER's
insurance
companies.
Review
and
acceptance
of
insurance
certificates
shall
not
constitute
any
representation
by
CITY
or
its
representative
that
any
required
insurance
has
been
issued.
3. OWNER'S
LIABILITY:
OWNER
shall,
at
OWNER's
sole
cost
and
expense.
be
solely
and
completely
responsible
for
all
matters
affecting
the
design,
prosecution.
progress
and
completion
of
the
work,
(both
on
and
off
the
job
site).
OWNER
shall
be
responsible
for
observing
all
laws.
OWNER
shall
provide
for
public
convenience
and
safety,
and
safety
of
workers,
including
OWNER's
workers
and
those
of
OWNER's
contractors,
subcontractors
and
suppliers.
and
others
contributing
to
the
work.
OWNER
shall
protect
CITY
property
and
property
rights
of
others,
including
the
location,
maintenance
and
replacement
of
utilities,
whether
shown
on
the
plans
or
not.
OWNER
shall
give
prior
notification
to
utility
owners.
OWNER
shall
protect
against
and
prevent
drainage
from
storm
runoff.
OWNER
shall
not
interfere
with
the
lawful
use
by
others
of
easements
and
rights-of-way.
Nothing
in
this
agreement,
the
specification,
or
other
contract
documents
1 or
CITY's
approval
of
the
plans
and
specifications
or
inspection
of
the
work.
shall
relieve
the
OWNER
or
contractor
of
full
responsibility
for
all
aspects
of
the
work.
CITY,
City
Council
Members,
CITY's
Engineer,
and
their
consultants,
and
each
of
their
officials,
directors,
officers,
employees,
and
agents
shall
have
liability
for
any
aspect
of
the
work.
4. OWNER'S
INDEMNIFICATION:
OWNER
shall
indemnify
and
hold
harmless
CITY,
City
Council
Members,
CITY
1s
Engineer
and
their
consultants,
and
each
of
their
officials.
directors,
officers,
agents,
and
employees
from
and
against
all
liability,
claims,
damages,
losses.
expenses,
and
other
costs,
including
costs
of
defense
and
attorney's
fees,
arising
out
of
or
resulting
from
or
in
connection
with
the
design
or
construction
of
the
work,
both
on
and
off
the
job
site.
and
during
and
after
completion.
This,
provided
any
of
the
above.
is:
(1)
attributable
to
bodily
injury,
sickness,
disease
or
death,
or
to
injury
to
or
destruction
of
property
(other
than
the
work
itself),
including
the
loss
of
use
resulting
therefrom.
and
(2)
caused
in
whole
or
in
part
by
any
act
or
omission
of
OWNER,
OWNER
1s
Engineer,
any
contractor,
any
subcontractor
1 any
supplier.
anyone
directly
or
indirectly
employed
by
any
of
them
or
anyone
for
whose
acts
or
omissions
any
of
them
may
be
liable.
All
of
this
regardless
of
whether
or
not
it
is
caused
in
part
by
any
act
or
omission
(active,
passive,
or
comparative
negligence
included)
of
a
party
indemnified
hereunder.
Said
indemnification
and
agreement
to
hold
harmless
shall
extend
to
injuries
to
persons
and
damages
to
or
taking
of
property,
resulting
from
the
design
or
construction
of
said
improvements
causing
the
diversion
of
waters
or
from
the
design
or
construction
or
maintenance
of
drainage
systems,
streets
and
other
improvements.
Acceptance
of
these
improvements
by
the
CITY
shall
not
constitute
an
assumption
by
the
CITY
of
any
responsibility
for
such
damage
or
taking.
(11.11)
5 of
13 As
to
any
and
all
claims
against
the
indemnified
parties
by
any
employee
of
OWNER,
any
contractor,
any
subcontractor.
any
supplier,
anyone
directly
or
indirectly
employed
by
any
of
them
or
anyone
for
whose
acts
any
of
them
may
be
Hable,
the
indemnity
obligations
hereunder
shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
OWNER,
or
any
contractor,
subcontractor,
supplier
or
other
person
under
worker
1s
compensation
acts,
disability
benefit
acts
or
other
employee
acts.
OWNER
shall
also
indemnify
and
hold
harmless
CITY,
City
Council
Members,
CITY's
Engineer.
and
their
consultants.
and
each
of
their
officials,
directors.
officers,
employees
and
agents
from
and
against
all
losses,
expenses,
damages
(including
damages
to
the
work
itself),
attorney's
fees,
and
other
costs,
including
costs
of
defense,
which
any
of
them
Agreement
-3 of
8 February 15, 2022, Item #5
may
incur
both
during
and
after
completion
with
respect
to
any
latent
deficiency
in
the
design,
specifications,
surveying,
planning,
supervision,
observation
of
or
construction
of
the
improvements
referred
to
herein
or
any
injury
to
a
person
or
property,
real
or
personal,
as
a
result
of
any
such
latent
deficiency.
CITY's
costs
shall
include
the
cost
of
inspecting
and
restoring
other
portions
of
the
work
which
CITY
reasonably
suspects
may also
be
defective
by
reason
of
known
defects
in
the
work
or
other
work
performed
by
OWNER
or
OWNER's
contractors,
subcontractors,
or
suppliers
or
designed
by
their
representatives.
Provisions
of
this
Paragraph
4 shall
remain
in
effect
ten
(10)
years
following
acceptance
of
improvements
by
the
CITY.
Nothing
contained
herein
shall
limit
CITY's
remedies
pursuant
to
Code
of
Civil
Procedure,
Section
337
.15.
5. SECURITY:
With
the
execution
of
this
agreement,
OWNER
shall
furnish
and
deliver
to
CITY,
at
no
expense
to
CITY,
a
payment
bond
and
a
performance
bond.
Each
shall
be
in
the
amount
of
the
CITY-approved
estimate
specified
on
Schedule
A.
Bonds shall
be
furnished
by
surety
companies
satisfactory
to
the
CITY
on
the
forms
provided
by
CITY.
No
alterations
or
substitution
of
said
forms
will
be
allowed.
To
be
acceptable,
surety
companies
must
be
authorized
to
do
business
and
have
an
agent
for
service
of
process
in
California,
be
on
the
accredited
list
of
the
United
States
Treasury
Department,
and/or
have
an
11A
11 policy
holders
rating
and
a
financial
rating
of
Class
XI
or
better
in
accordance
with
the
current
"Best's
Rating."
The
bonds
will
be
limited
to
amounts
acceptable
to
the
Treasury
Department.
None
of
the
following
shall
in
anywise
affect
the
obligations
of
any
surety.
Each
surety
waives
notice
thereof:
(a)
any
change,
extension
of
time,
alteration,
or
additions
to
the
terms
of
the
agreement,
or
the
work
to
be
performed,
or
the
plans
and
specifications
therefore;
(b)
any
matters
unknown
to
surety
which
might
affect
surety's
risk
except
that
CITY
will
advise
surety
upon
request
of
the
following:
(1)
any
written
claims
it
receives
from
unpaid
subcontractors
or
suppliers,
and
(2)
any
written
orders received
from
other
public
authorities
charging
violations
of
laws,
ordinances
or
regulations,
and
(3)
failure
of
OWNER
to
comply
with
any
written
notice
to
correct
defective
work.
The
obligations
of
OWNER
shall
not
be
limited
by
the
amount
of
such
bonds.
6. TYPES/AMOUNT
OF
SECURITY:
In
lieu
of
payment
and
performance
bonds,
OWNER
may
furnish
CITY
cash,
a
Letter
of
Credit
or
an
Agreement
of
Deposit
as
security
for
performance.
Said
security
shall
be
in
amount
no
less
than
one
hundred
percent
(100%)
of
the
cost
estimate
and,
in
addition,
for
payment
of
those
furnishing
materials,
labor
or
equipment
in
amount
not
less
than
fifty
percent
(50%)
of
the
cost
estimate.
Said
security
agreements
shall
be
on
forms
furnished
by
CITY
.
No
alterations
or
substitution
of
said
forms
will
be
allowed.
The
obligations
of
OWNER
shall
not
be
limited
by
the
amount
of
the
security
required.
7. COSTS
AND
DEPOSITS:
OWNER
agrees
to
pay
CITY,
on
demand,
the
full
amount
of
all
of
CITY
1s
costs
incurred
in
connection
with
the
work
and
this
agreement.
These
costs
include,
but
are
not
limited
to,
plan
checking,
inspection,
materials
furnished,
attorney's
fees incurred
in
connection
with
preparing
and
negotiating
this
agreement,
and
all
other
expenses,
including
engineers
and
attorney's
fees
of
CITY,
directly
attributable
to
the
work
and
this
agreement.
These
costs
shall
include
a
reasonable
amount
for
CITY's
overhead
in
connection
therewith,
plus
any
applicable
fees
of
CITY.
CITY's
costs
shall
include
the
cost
of
inspecting
and
restoring
other
portions
of
the
work
both
during
and
after
acceptance,
which
CITY
reasonably
suspects
may
also
be
defective
by
reason
of
known
defects
in
the
work
or
other
work
performed
by
OWNER
or
OWNER's
contractors,
subcontractors,
or
suppliers
or
designed
by
their
representatives.
OWNER
shall
deposit
(11.11)
Agreement
- 4
of
8 6
of
13 February 15, 2022, Item #5
with
CITY
concurrently
with
the
execution
of
this
agreement,
such
sums
as
the
CITY
establishes
as
deposits
set
forth
on
Schedule
A.
Should
the
actual
expenses
be
in
excess
of
the
deposit
set
forth
on
Schedule
A,
OWNER
shall
pay
the
amount
of
such
excess
on
demand.
Should
the
actual
expenses
be
less
than
the
estimated
deposit
on
Schedule
A,
the
difference,
without
interest,
shall
be
refunded
to
OWNER
within
ninety
(90)
days
of
acceptance
of
work
by
CITY;
provided,
however.
the
CITY
shall
have
the
right
first
to
apply
any
excess
monies
to
any
other
obligation
which
OWNER
might
have
to
CITY.
Said
deposit
is
not
a trust
fund
and
said
deposit
may
be
co-mingled
with
other
similar
deposits.
8. PARTIAL
UTILIZATION:
Until
all
work
has
been
completed
and
accepted
by
CITY
and
all
other
public
authorities
having
jurisdiction,
OWNER
shall
be
responsible
for
the
care,
maintenance
of.
and
any
damage
to
the
work.
When
the
work
or
any
portion
of
it
is
sufficiently
complete
to
be
utilized
or
placed
into
service,
CITY
shall
have
the
right
upon
written
notification
to
OWNER
to
utilize
such
portions
of
the
work
and
to
place
the
operable
portions
into
service.
With
this
notice
and
commencement
of
utilization
or
operation
by
the
CITY.
OWNER
shall
be
relieved
of
the
duty
of
maintaining
the
portions
so
utilized
or
placed
into
operation.
However,
such
use
and
operation
shall
not
relieve
OWNER
of
the
full
responsibility
for
completing
the
work
in
its
entirety.
for
making
good
defective
work
and
materials,
for
protecting
the
work
from
damage,
and
for
being
responsible
for
damage
and
for
the
work
as
set
forth
herein.
Nor
shall
such
action
by
CITY
be
deemed
completion
and
acceptance.
Further,
such
action
shall
not
relieve
OWNER,
or
OWNER's
sureties
and
insurers,
of
the
provisions
hereof
relating
to
indemnity
and
guarantees.
9. ACCEPTANCE
OF
PROJECT/WARRANTY:
Acceptance
of
the
work
shall
only
be
by
action
of
the
City
Council.
Neither
the
acceptance
nor
any
prior
inspections
or
failure
to
inspect
shall
constitute
a
waiver
by
CITY
of
any
defects
in
the
work.
From
and
after
acceptance,
the
work
shall
be
owned
and
operated
by
CITY.
As
a
condition
to
acceptance,
OWNER
and
OWNER's
contractor
shall
each
certify
to
CITY
in
writing
that
all
of
the
work
has
been
performed
in
strict
conformity
with
the
agreement
and
that
all
costs
have
been
paid
or
supply
to
CITY
security,
satisfactory
to
CITY,
guaranteeing
such
performance.
(11.11)
7 of
13 In
addition
to
OWNER's
other
obligations
under
the
agreement,
OWNER
warrants
all
work
and
materials
to
be
of
good
quality
and
fit
for
the
purpose
and
intended
use.
OWNER
shall
repair.
replace,
and
restore
any
and
all
such
work
which
may
prove
defective
in
workmanship
and/or
materials,
without
expense
whatsoever
to
CITY;
ordinary
wear
antj
tear
and
unusual
abuse
or
neglect
excepted.
OWNER
shall
also
repair,
replace,
and
restore
any
other
work
which
is
displaced
in
correcting
defective
work,
as
well
as
other
portions
of
the
work
which
CITY
by
reason
of
such
defects
reasonably
suspects
may
also
be
defective.
OWNER
shall
provide
a
warranty
bond
or
other
security
satisfactory
to
CITY
for
a
period
of
one
(1)
year.
Said
bond
or
other
security
shall
be
in
an
amount
satisfactory
to
CITY,
but
in
no
case
less
than
ten
(10)
percent
of
project
cost.
Said
bond
or
other
security
shall
in
no
way
limit
the
time
within
which
CITY
may
bring
action
for
breach
of
this
warranty
(CCP
337)
or
action
for
latent
defects
(CCP
337.15)
nor
the
amount
of
such
claim
or
judgment.
In
the
event
of a
failure
to
commence
with
the
compliance
of
above-mentioned
conditions
within
seven
(7)
calendar
days
after
being
notified
in
writing
or
failure
to
diligently
pursue
such
compliance
to
completion,
CITY
is
hereby
authorized
to
proceed
to
have
the
defects
repaired
and
made
good
at
the
expense
of
OWNER
who
hereby
agrees
to
pay
the
cost
and
charges
therefor
immediately
on
demand.
Agreement
-5 of
8 February 15, 2022, Item #5
If,
in
the
opinion
of
CITY,
nonconforming
work
creates
a
dangerous
condition
or
requires
immediate
correction
or
repair
to
prevent
further
loss
to
CITY
or
to
prevent
interruption
of
operations,
CITY
will
attempt
to
give
the
OWNER
notice.
If
OWNER
cannot
be
contacted
or
does
not
comply
with
CITY's
request
for
correction
within
a
reasonable
time
as
determined
by
CITY,
CITY
may
proceed
to
make
such
correction
or
provide
such
repair.
The
costs
of
such
correction
or
repair
shall
be
charged
against
OWNER,
who
agrees
to
make
payment
for
said
costs
upon
demand.
Corrective
action
by
CITY
will
not
relieve
OWNER
or
OWNER's
sureties
or
insurers
of
the
guarantees
and
indemnities
of
this
agreement.
·
This
paragraph
does
not
in
any
way
limit
CITY's
remedies
pursuant
to
Code
of
Civil
Procedure,
Section
337
and
337.15,
or
the
guarantee
on
any
items
for
which
a
longer
guarantee
is
specified
or
on
any
items
for
which
a
manufacturer
or
supplier
gives
a
longer
guarantee
period.
OWNER
agrees
to
act
as
a
co-guarantor
with
such
manufacturer
or
supplier,
and
shall
furnish
CITY
all
appropriate
guarantees
or
warranty
certificates
upon
completion
of
the
project.
No
manufacturers
guarantee
period
shall
in
any
way
limit
the
liability
of
OWNER
or
OWNER's
sureties
and
insurers
under
the
indemnity
or
insurance
provisions
of
this
agreement.
10. EASEMENTS
AND
FEE
INTERESTS:
OWNER
shall
at
OWNER's
sole
cost
and
expense,
furnish
CITY
with
appropriate
easements
and
fee
title
to
required
facilities
sites
for
the
entire
work,
free
and
clear
of
all
liens,
encumbrances,
restrictions,
and
covenants,
other
than
current
real
property
taxes
then
a
lien
but
not
yet
payable.
At
OWNER's
cost
and
expense,
OWNER
shall
furnish
CITY
with
an
acceptable
title
insurance
policy
insuring
CITY
has
title
as
required
above
with
an
endorsement
insuring
CITY
against
mechanic's
lien
claims
arising
out
of
the
performance
of
the
work.
Easements
shall
be
in
standard
form
acceptable
to
CITY,
shall
be
not
less
than
the
width
CITY
determines
necessary
to
maintain
the
work
and
shall
be
executed
and
delivered
to
CITY
concurrent
with
execution
of
this
agreement.
Easements
shall
be
recorded
prior
to
CITY
accepting
the
work or
furnishing
services
to
any
portions
of
the
property
under
development
(other
than
those
as
may
be
delivered
under
a
temporary
service
agreement
with
OWNER).
11. CONTRACTORS
AND
AGENTS:
OWNER
shall
be
as
fully
responsible
to
CITY
for
the
acts
and
omissions
of
OWNER
1s
contractor
and
of
the
persons
directly
or
indirectly
employed
by
OWNER'S
contractor
as
OWNER
is
for
the
acts
and
omissions
of
persons
directly
or
indirectly
employed
by
OWNER.
Nothing
contained
in
the
agreement
shall
create
any
contractual
relationship
between
any
contractor
or
others
and
CITY.
OWNER
shall
bind
every
contractor
to
be
bound
by
the
terms
of
this
agreement.
12. DEFAULT
BY
OWNER:
OWNER
shall
be
in
default
of
this
agreement
if,
in
the
sole
discretion
of
the
CITY,
OWNER
refuses
or
fails
to
construct
the
improvements
required
hereby
in
a
workmanlike
manner,
or
OWNER
refuses
or
fails
to
prosecute
the
work
or
any
separable
part
thereof
with
such
diligence
as
will
ensure
its
completion
within
the
time
specified
herein,
or
any
written
extension
thereof,
or
fails
to
complete
such
work
within
such
time,
or
if
OWNER
should
be
adjudged
bankrupt,
make
a
general
assignment
for
the
benefit
of
creditors,
or
if a
receiver
should
be
appointed
on
account
of
OWNER's
insolvency
or
if
OWNER
or
the
contractor,
or
any
of
their
subcontractors
violate
any
of
the
provisions
of
this
agreement,
or
lf
OWNER
fails
to
make
prompt
payment
for
materials
or
labor
or
if
OWNER
disregards
laws,
ordinances,
or
instructions
of
CITY.
CITY
shall
serve
written
notice
upon
the
OWNER
and
OWNER's
surety
of
its
intention
to
declare
this
agreement
in
default.
Said
notice
will
contain
the
reasons
for
such
intention
to
declare
a
default.
Unless,
within
ten
(10)
days
after
the
service
of
such
notice,
such
violations
shall
cease
and
(11.
11)
Agreement
-6
of
8 8
of
13 February 15, 2022, Item #5
satisfactory
arrangements
for
the
corrections
thereof
be
made,
this
agreement
shall
upon
the
expiration
of
said
time
be
in
default.
Upon
such
default,
CITY
shall
serve
written
notice
thereof
upon
the
surety
and
OWNER,
and
the
surety
shall
have
the
right
to
take
over
and
perform
this
agreement.
If
the
surety
does
not,
within
fifteen
(15)
days
after
the
serving
upon
it
of
a
notice
of
default,
give
CITY
written
notice
of
its
intention
to
take
over
and
perform
this
agreement
or
does
not
commence
performance
thereof
within
thirty
(30)
days
from
the
date
of
CITY's
notice,
CITY
may
take
over
the
work
and
prosecute
the
same
to
the
extent
of
completion
it
deems
necessary
by
contract
or
by
any
other
method
it may
deem
advisable
for
the
account
and
at
the
expense
of
OWNER,
and
the
surety
shall
be
liable
to
CITY
for
any
cost
or
other
damage
occasioned
CITY
thereby.
In
such
event,
CITY
may,
without
liability
for
so
doing,
take
possession
of
and
utilize
in
completing
such
work,
such
materials,
appliances,
plants,
and
other
property
belonging
to
OWNER
that
may
be
on
the
site
of
the
work
and
be
necessary
therefore.
Should
surety
fail
to
take
over
and
diligently
perform
the
agreement
upon
Principal's
default,
surety
agrees
to
promptly,
on
demand,
deposit
with
CITY
such
amount
as
CITY
may
reasonably
estimate
as
the
cost
of
completing
all
of
OWNER
1s
obligations.
For
any
such
work
that
CITY
elects
to
complete
by
furnishing
its
own
employees,
materials,
tools,
and
equipment,
CITY
shall
receive
reasonable
compensation
therefore,
including
costs
of
supervision
and
overhead.
CITY
may,
at
its
option,
elect
not
to
complete
any
or
all
of
the
work
and
may
elect
not
to
accept
any
of
the
work
already
completed.
If
CITY
elects
not
to
accept
any
of
the
work,
then
all
CITY's
obligations
to
OWNER
and
the
lands
to
be
served
shall
terminate.
CITY's
obligations
to
OWNER
and
the
lands
to
be
served
shall
continue
to
the
extent
of
any
acceptance,
subject
to
CITY's
right
to
offset
any
sums
due
it.
The
foregoing
provisions
are
in
addition
to,
and
not
in
limitation
of,
any
other
rights
or
remedies
available
to
CITY.
13. REMOVAL
OF
IMPROVEMENTS:
If
the
work
is
suspended
or
otherwise
not
continuously
prosecuted
for
any
cause
whatsoever,
within
or
without
the
time
for
completion,
OWNER
shall,
at
OWNER's
sole
cost
and
expense,
remove
and
replace
all
or
any
portion
of
the
work
already
completed
and
inspected
which
CITY,
in
its
sole
discretion,
determines
is
substandard,
damaged,
or
may
constitute
danger
to
the
public.
14. ATTORNEY
FEES
AND
COSTS:
Should
CITY
engage
an
attorney
to
enforce
any
provision
of
this
agreement
or
to
defend
any
claim
brought
by
anyone
arising
out
of
the
failure
of
OWNER
to
perform
any
of
OWNER's
obligations
under
this
agreement,
OWNER
shall
pay
all
of
CITY's
attorney's
fees
incurred
in
connection
therewith,
with
or
without
suit,
whether
or
not
said
attorney
is
in
the
regular
employ
of
the
CITY.
15. FUTURE
CHARGES:
Nothing
in
this
agreement
shall
relieve
OWNER
or
OWNER
1s
successors
or
assigns
of
any
obligation
to
pay
any
connection,
installation,
expansion
or
other
fees,
charges,
or
other
expenses,
including
operation
and
maintenance
expenses,
required
under
any
present
or
future
established
ordinances,
rules,
regulations,
and
policies
of
CITY.
16. ASSIGNMENT:
The
performance
of
the
agreement
may
not
be
assigned,
by
OWNER
except
upon
the
written
consent
of
CITY.
Consent
will
not
be
given
to
any
proposed
assignment
which
would
relieve
OWNER
or
OWNER's
sureties
of
their
responsibilities
under
the
agreement,
unless
CITY
finds
that
assignee
can
perform
this
agreement
and
provide
security
comparable
to
that
provided
by
OWNER.
(11.11)
Agreement
- 7
of
8 9
of
13 February 15, 2022, Item #5
17. NOTICE:
All
notices
required
hereunder
shall
be
deemed
served
or
given
upon
the
earlier
of
actual
receipt
or
deposit
in
the
United
States
Mail,
first
class
postage
prepaid,
addressed
to
OWNER
at
the
address
set
forth
below,
to
the
surety
at
the
address
in
the
security
instrument,
and
to
CITY
at
P.O.
Box
789,
Poway,
Catifornia
92074-0789
.
CITY
OF
POWAY
!)~ok~
By
:
--------
Tina
White,
City
Manager
OWNER
:
Gregory
D.
Filhart
&
Kimanh
G
. Filhart
Gregory
.
ilhart
By:
~ ~
Approved
as
to
Form
:
Office
of
the
City
Attorney
ADDRESS:
13738
Somerset
Road
Poway,
CA
92064
PHONE
:
(808)
864-7574
(Signatures
Must
Be
Notarized)
Alan
Fenstermacher
, City
Attorney
Date
rn
engs
ev\lan
d
develop
ment
pr
oiec
s\
20 8\\
i13-00
1 f1!h
rt-
w
terl!ne\~
118-00
1 ~t
ndard
reemen
t doc
(11
.11)
10 of
13 Agreement
-8 of
8 February 15, 2022, Item #5
California
All-Purpose
Acknowledgment
CIVIL
CODE
§
1189
A
notary
public
or
other
officer
completing
this
certificate
verifies
only
the
identity
of
the
individual
who
signed
the
document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
STATE
OF
CALIFORNIA
COUNTY
OF
SAN
DIEGO
On
August
6,
2018
before
me,
Carol
S.
Legg,
Notary
Public,
personally
appeared
Tina
White,
who
proved
to
me on
the
basis
of
satisfactory
evidence
to
be
the
personfs¼
whose
namefs¼
is/ar-e
subscribed
to
the
within
instrument
and
acknowledged
to
me
that
he/she/t:hey
executed
the
same
in
his/her/theif
authorized
capacity(+e-s),
and
that
by
ms/her/the-if
signaturefs¼
on
the
instrument
the
personfs¼,
or
the
entity
upon
behalf
of
which
the
personfs¼
acted,
executed
the
instrument.
I certify
under
PENALTY
OF
PERJURY
under
the
laws
of
the
State
of
California
that
the
foregoing
paragraph
is
true
and
correct.
WITNESS
my
hand
and
official
seal.
OPTIONAL
Title
or
type
of
document:
Standard
Agreement
for
Construction
of
Public
Improvements.
Wl18-001,
Filhart
water
main
and
hydrant
at
13738
Somerset
Road,
Poway
CA
92064
Document
Date:
8/2/18
Number
of
Pages:
8 Signers
Other
Than
Named
Above:
Gregory
O.
Filhart
and
Kimanh
G.
Fil
hart
11 of13
February 15, 2022, Item #5
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGMENT
CIVIL
CODE§
1189
---
-
.
-.-
--.
-~
A
notary
public
or
other
officer
completing
this
certificate
verifies
only
the
identity
of
the
individual
who
signed
the
document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State
of
California
County
of
San
Diego
On
~~II.SI:
.;),
,
.:2-018'
Date
before
me,
__
Y_vo_n_n_e_M_a_n_n_io_n_N_o_t_a~ry.__P_u_b_lic
________
_
Here
Insert
Name
and
Title
of
the
Officer
personally
appeared
_(Jr~r-';'t8~~.._(~""t---'D~·
___._f
...... a ...... h...L.G\-=----ct-----..&.Jo.."'-C{A"'"-'-- ___
lL..-C(--'--i
..... Ma.a..°'-~A
...... b_.._
.... Or_.__.
_._f_,_;
"'"-'I h ...... t\~rt:=--
Name(s)
of
Signer(s)
who
proved
to
me
on
the
basis
of
satisfactory
evidence
to
be
the
perso.,0~whose
name(s))
is~
subscr~1b
to
the
within
instrument
and
acknowledged
to
me
that
he/she/W
executed
the
same
in
his/her
he
authorized
capacity(ies),
and
that
by
his/her/~ignature~n
the
instrument
the
person(s),
or
the
en
1ty
upon
behalf
of
which
the
persor@)
acted,
executed
the
instrument.
i············1
.....
.
YVONNE
MANNION
:~
.·
_·,
-.
NotaryPublic-Ca
.lifo
rnla
•.
i
:··
San
Diego
County
~
·.
Commission
# 2201766
·
My
Comm.
Expires
Jun
18,
2021
Place
Notary
Seal
Above
I certify
under
PENAL
TY
OF
PERJURY
under
the
laws
of
the
State
of
California
that
the
foregoing
paragraph
is
true
and
correct.
WITNESS
my
hand
and
official
seal.
----------------OPTIONAL----------------
Though
this
section
is
optional,
completing
this
information
can
deter
alteration
of
the
document
or
fraudulent
reattachment
of
this
form
to
an
unintended
document.
Description
of
Attached
Document
Title
or Type
of
Document:
__________________________
_
Document
Date:
__________________
Number
of
Pages:
------
Signer(s)
Other
Than
Named
Above:
_____________________
_
Capacity{ies)
Claimed
by
Signer{s)
Signer's
Name:
___________
_
Signer's
Name:
___________
_
□
Corporate
Officer
-
Title(s):
______
_
□
Corporate
Officer
-
Title(s):
_____
_
□
Partner
-
□
Limited
□
General
□
Partner
-
□
Limited
□
General
□
Individual
□
Attorney
in
Fact
□
Individual
□
Attorney
in
Fact
□
Trustee
□
Guardian
or
Conservator
□
Trustee
□
Guardian
or
Conservator
□
Other:
_____
_________
_
□
Other:
____________
_
Signer
Is
Representing:
________
_
Signer
Is
Representing:
________
_
~~~~~~~'%~'%~~~~~~'@;.~'%~~~~ ©2016
National
Notary
Association
• www.NationalNotary.org
• 1-800
-US
NOTARY
(1-800-876-6827)
Item
#5907
12 of
13 February 15, 2022, Item #5
OWNER: Gregory D. & Kimanh G. Filhart
Agreement Date
SCHEDULE A TO STANDARD AGREEMENT
FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS
(Wl18-001)
This schedule is attached to and made a part of the Standard Agreement for Construction of Public Improvements between CITY and OWNER for the above-referenced project. The following correspond to the paragraph numbers of the agreement.
1. Completion Date:
2. Liability Insurance Limits:
3. a. Approved Cost Estimate:
b. Approved Security Amount:
Performance
Payment
(Labor & Materials)
4. Deposit/Fee Amount:
Prior to issuance of first Building Permit or
two (2) years from date of this agreement,
whichever comes first.
$ 2,000,000.00, combined limit each occurrence
$126,600.00
$126,600.00
$63,300.00
See Note Below
5. Warranty Security Amount: .... $1..a.;;2;;..,,.,6;;;;..,;6..,;;0;.._.0_,;;0;.,__ _____ _ (To be posted prior to acceptance of work)
Note: Prior to start of construction, a deposit shall be paid to the City to cover inspection fees and related post-plan approval tasks. The minimum deposit shall be based on the City's fee rate at the time of payment.
(2/13) Schedule A to Standard Agreement -1 of 1
13 of 13