After Recording Return To:
City of Stockton
Community Development Department
Planning & Engineering Services Div.
425 North El Dorado Street
Stockton CA 95202
SUBDIVISION AGREEMENT
(PARCEL MAP)
THIS SUBDIVISION AGREEMENT ("Agreement") is made and entered into as of ___________ by and between the CITY OF STOCKTON, a municipal corporation hereafter referred to as "CITY," and SLD MANAGEMENT, INC., A CALIFORNIA CORPORATION, hereinafter referred to as "SUBDIVIDER."
WITNES S ETH:
Subdivider has presented to City for approval a final subdivision map (hereinafter called "MAP") entitled Parcel Map COS 24-04 (TM P23-0266l which Map has been checked and approved by the County Surveyor; and
Said Map has been filed with the City Engineer for presentation to the City Council of the City for its approval, which Map is hereby referred to and incorporated herein; and Subdivider has requested approval of said Map prior to the construction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which plans and specifications (5596C) dated 11/12/24, prepared by RSC Engineering, and consisting of Sheets 1 through 28 are now on file in the Office of the City Engineer; and
This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 16, Division 6, of the Stockton Municipal Code.
NOW, THEREFORE, for and in consideration of these premises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivide�s obligations under said Subdivision Map Act and said Municipal Code, the parties hereto agree as follows:
1. PERFORMANCE OF WORK
Subdivider shall construct or cause to be constructed, at Subdivider's own expense, in a good and worklike manner, under the direction and to the satisfaction of the City Engineer, all of the following work and improvements within the subdivision, to-wit:
Those certain improvements designated and shown on said Map as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, street lights, sidewalks, and other on or off-site improvements in accordance with the plans and specifications on file in the office of City Engineer together with any changes required or ordered by said Engineer , which in the Engineer's opinion, are necessary or required to EXHIBIT 1
complete the work.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done to the satisfaction of the City Engineer, and to the grades as shown upon the approved plans and specifications on file in the Office of the City Engineer. Subdivider warrants that construction will not adversely affect any portion of adjacent properties.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least seventy-two (72) hours prior to the commencement of any work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that City Engineer shall be able to provide services of inspection.
Subdivider will complete, or cause to be completed, within two (2) years of approval of said Map and construction plans by the City Council, all improvements in accordance with the plans and specifications on file as hereinbefore specified, including any changes required or ordered by the said Engineer.
The work shall be performed in a safe and good worklike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.
Except during an emergency, as determined by the City Engineer, all work shall be performed between the hours of 7:00 a.m. and 9:00 p.m.
Any contractor not performing as required by this agreement may, at the discretion of the City Engineer, be barred from doing any work within the City of Stockton on any subdivision or any public works project for a maximum period of two (2) years.
City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of City and State codes.
4. TIME OF ESSENCE: EXTENSION
Time is of the essence of this agreement; provided that in the event good cause is shown, the City Council may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not release or modify the surety's liability on the bond to secure the faithful performance of this agreement, or the payment for labor and materials.
5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval of the City Engineer.
6. UTILITY DEPOSITS: STATEMENT
EXHIBIT 1
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision.
7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law.
8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider.
9. INSPECTION BY CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation.
10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:
A. A cash bond guaranteeing payment for placing
monuments in the amount of (0 Monuments) ............................... 1Q B. A surety bond, cash deposit or letter of credit
(50% of the public improvements cost) as security
for the faithful performance of this agreement in the
amount of ............................................................................ $786,655.00 C. A separate security bond, cash deposit or letter
of credit (50% of the public improvements cost) as
security for the payment of all persons performing
labor and furnishing materials in connection with
this agreement in the amount of ........................................ $786,655.00 The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the Administrative Services Officer. Release of securities shall be as follows:
A. Security given for faithful performance shall be released after the City has finally accepted the work, and provided that security of at least ten (10) percent of the public improvements cost has been retained or security has been furnished to the City to guarantee and warrant the work for 1-year following the date of such acceptance of the work.
B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials or equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.
C. The security guaranteeing that the completed work remains satisfactory during the EXHIBIT 1
required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period.
D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.
In the event that improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider's surety or the financial institution providing the Instrument of Credit.
11. INDEMNITY AND HOLD HARMLESS AGREEMENT
With the exception that this section shall in no event be construed to require indemnification by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, SUBDIVIDER shall, indemnify, protect, defend with counsel approved by CITY and at SUBDIVIDER'S sole cost and expense, and hold harmless City of Stockton and its officers, officials, employees and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys' fees, expert and subdivider fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, state, or municipal law or ordinance, or CITY Policy, by SUBDIVIDER or SUBDIVIDER'S officers, agents, employees, volunteers or subcontractors. SUBDIVIDER shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of SUBDIVIDER to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by SUBDIVIDER under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
With the exception that this section shall in no event be construed to require indemnification, including the duty to defend, by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, the parties agree that SUBDIVIDER'S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by SUBDIVIDER or SUBDIVIDER'S officers, agents, employees, volunteers or subcontractors.
SUBDIVIDER'S duties and obligations to defend the CITY shall apply regardless of whether or notthe issue of the CITY'S liability, breach of this Agreement, or other obligation or fault has been determined.
SUBDIVIDER shall be immediately obligated to pay for CITY'S defense costs of the claim, including, but not limited to, court costs, attorney's fees and costs, expert subdivider and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse SUBDIVIDER for amounts paid in excess of SUBDIVIDER'S proportionate share of responsibility for the damages within 30 days after SUBDIVIDER provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures SUBDIVIDER is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.
With the exception that this section shall in no event be construed to require indemnification by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, and EXHIBIT 1
in addition to the other indemnity obligations in this Agreement, SUBDIVIDER shall indemnify, defend, and hold harmless City of Stockton and its officers, officials, employees and volunteers from and against all claims, losses, expenses, and costs including but not limited to attorneys' fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of SUBDIVIDER, regardless of whether such claim may be covered by any applicable workers compensation insurance.
SUB DIVIDER'S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the SUBDIVIDER under workers' compensation acts, disability acts, or other employee benefit acts.
INSURANCE REQUIREMENTS
Subdivider shall comply with the insurance requirements set forth in Exhibit B.
Subdivider shall contractually require the selected contractor to carry the insurance required within Exhibit C.
12. TITLE TO IMPROVEMENTS
Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City, except as otherwise may be provided in this agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Engineer accurately revised "as built" plans showing all the sanitary, storm and water lateral locations, monuments with tie notes and unit prices and quantities of the underground sewer, storm drainage, water, street lighting and street facilities installed as part of this subdivision unit.
13. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus twenty-five (25) percent as administrative costs. In accordance with Section 16.72.070 of the Stockton Municipal Code, the subdivider shall deposit $15,733.10 with the City to correct deficiencies and conditions caused by the Subdivider or contractor during or after the construction of this subdivision.
14. SUBDIVIDER NOT AGENT OF CITY
Subdivider or any of Subdivider·s agents or contractors are not or shall not be considered agents of City in connection with the performance of Subdivide r"s obligations under this agreement.
15. COST OF ENGINEERING AND INSPECTION
Prior to commencement of construction, the Subdivider shall pay to the City of Stockton the cost for the checking of engineering plans, inspection of the work, and the checking and testing of the materials at the appropriate existing rate. The cost of such improvements is based on an approved estimate, or on the construction contract, if awarded prior to filing of the map with the City Council.
Plan Checking Fee = $42,129.70
Inspection Fee = $55,588.85
No work shall be performed without inspection by the City. Any work performed without an EXHIBIT 1
inspection will not be accepted by the City.
All work, which requires inspection, shall be performed during the City's normal working hours and work days. If any work is performed before 8:00 a.m., after 5:00 p.m., or on a City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the Inspector's hourly cost to the City. This payment is not included in the 3.5 percent (3.5%) engineering and inspection fee.
If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.
16. FILING FEES
Concurrently with execution hereof, Subdivider shall pay a computer mapping fee of $171.25 ($155 + $3.25/lot), a map filing fee of $3,384.50 and, present one check for recording the Map and the agreement, payable to the San Joaquin County Recorder in the amount of $113.00 and $191.00, respectively. City will forward the checks with the Map for recording.
17. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents, or employees should violate any of the provisions of this agreement, City Engineer or City Council may serve written notice upon Subdivider and Subdivider's surety of breach of this agreement or of any portion thereof and default of Subdivider.
18. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY
In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvements herein specified; provided, however, that if the surety, within ten ( 10) 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 contract, and does not commence performance thereof within ten (10) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for the cost and damages occasioned City thereby; and, in such event, City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider's obligations under this Agreement.
The right of City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney fees.
19. NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
EXHIBIT 1
CITY ENGINEER
22 E. WEBER AVENUE
STOCKTON CA 95202
Notices required to be given to Subdivider shall be addressed as follows:
SLD MANAGEMENT, INC.
ATTN: STEVEN L. DIEDE
P.O. BOX 1218
WOODBRIDGE, CA 95258
Notices required to be given to surety of Subdivider shall be addressed as follows:
THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND
1299 ZURICH WAY
T1 F18
SCHAUBMURG, IL 60196-5870
Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.
20. FIRE PROTECTION
No building permits will be issued in this subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be modified or waived if an alternate method of providing fire protection is provided and approved by the Stockton Fire Department.
21. STREET TREE SECURITY
The Subdivider shall provide a faithful performance bond, cash deposit, or letter of credit for 125% of the street tree fee based on $195 per tree.
Street Tree Security: Q trees@ $195 ea. X 125% = $Q
22. STREET NAME SIGN FEE
The Subdivider shall pay a street name sign fee based on $286.25 per sign to be furnished and installed by the City.
Street Name Sign Fee: Q signs@ $286.25 ea. = $Q
23. SUMMARY OF FEES
The fees mentioned in this Agreement are summarized in Exhibit A attached hereto and incorporated herein by reference. However, some fees such as the Public Facilities Fee and Parkland Fee, which are collected at the building permit stage, are not included in this summary.
24. BINDING UPON SUCCESSORS
This agreement shall be binding upon and inure to the benefit of, and be enforceable by and against, the heirs, successors, and assigns of the parties hereto, subject to the terms hereof.
EXHIBIT 1
25. ASSIGNMENT
Subdivider shall have the right to assign (by sale, transfer, or otherwise) directly or indirectly, all or part of its rights, duties and obligations under this agreement as to any portion or all of the Property upon a specific written request and written consent by the City Manager which shall not be unreasonably withheld, delayed or conditioned. Except that Subdivider may, without the consent of the City, assign this Agreement to a controlled subsidiary of Subdivider or a purchaser of all or substantially all of Subdivider's interest in the real property which is the subject of the Map, provided the assigning party causes the assignee to assume in writing all obligations of the assignor under this Agreement. Notice of an assignment to a controlled subsidiary of Subdivider or a purchaser of all or substantially all of Subdivider's interest shall be given to the City in writing within 30 days of such change. Upon any such assignments, Subdivider shall be released from its obligations under this Agreement and shall receive the immediate return of all security deposits, including, but not limited to bonds, letters of credit, security instruments or any other financial commitments upon the replacement of same by the assignee. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties.
26. SPECIAL PROVISIONS
Except as provided in Exhibit D, the tentative map conditions in TM P23-0266 as shown in Exhibit D (attached) shall apply to this Agreement.
ATTEST:
KATHERINE ROLAND, CM C,CPMC
CITY CLERK
By __________ _
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
BY
CITY ATTORNEY
CITY OF STOCKTON:
STEVE COLANGEL
INTERIM CITY MANAGER
SLD MANAGEMENT,
Steven L. Diede
(PRINT N
BY ---- -+--------
(SIGNATURE)
President
(TITLE)
APPROVED BY CITY COUNCIL RESOLUTION NO. ____________ _
______ ,20_.
,ON
EXHIBIT 1
DEVELOPER
ACKNOWLEDGMENT
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
0 ,
County of ,,Jao J OCVl\1\ (\ "
before me, \J°'t\e.";:,";)O\ Co.bre..r�) Noto.'J �u�\,c. (insert name and title of the offi r)
personally appeared ':)1t.'1�f\ l. \)\t.dt., �te.s,de.f\1" who 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.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(Seal)
oeooooeo
l VANESSA CABRERA
Notary Public • California 2
San Joaquin County �
Commission # 2503007 -
y Comm. Expires Oct 25, 2028
EXHIBIT 1
CITY MANAGER
ACKNOWLEDGMENT
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
validitv of that document.
State of California
County of ____________ _,
On ___________ before me, _________________ _
(insert name and title of the officer)
personally appeared--------------------------�
who 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.
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.
Signature ____________ _ (Seal)
EXHIBIT 1
EXHIBIT A
SUMMARY OF FEES AND BONDS
STREET NAME SIGN FEE ....................................................................... $0.00 PLAN CHECK FEE .......................................................................... $42,129.70 INSPECTION FEE ........................................................................... $55,588.85 MATERIAL TESTING FEE ..... .................................................................. $0.00 FILING FEE ........................................................................................ $3,400.75 TECH FEE .......................................................................................... $7,595.58 CRS FEE ............................................................................................ $6,076.46 CASH DEPOSIT.. ...................................................................................... $0.00 COMPUTER MAPPING FEE .................................................................... $155.00 MUD IMAGING FEE ................ .... ..................................................... $460.00 ASSESSMENT DISTRICT SEGREGATION ............................................ $0.00 TOTAL ........ $115,406.34
RECORDING FEE (payable to San Joaquin County Recorder)
MAP (4 Sheets) ......................................................................... $113.00 AGREEMENT (4 Sheets) ....................................................... $191.00 TOT AL .............. $304.00
BONDS
MONUMENT BOND ...................................................................... $0 PERFORMANCE BOND ................................................. $786,655.00 LABOR AND MATERIAL BOND ..................................... $786,655.00 WARRANTY BOND ... .......................................................... $15,733.10 TOTAL ..... $1,589,043.10
EXHIBIT 1
SUMMARY OF FEES AND BONDS (CONT.)
PROPORTIONATE SHARES
PARK AND RIDE FACILITIES (686-0000-237.60-64) ............................................ $0 STREET MICROSURFACING (686-0000-237.67-40) ............................................ $0 TOTAL $0
EXHIBIT 1
LEGAL DESCRIPTION OF P23-0266
PARCEL MAP BOUNDARY
All that real property situated in the State of California, County of San Joaquin, City of Stockton lying in a portion of Section 1, Township 2 North, Range 5 East, Mount Diablo Meridian, being more particularly described as follows:
All of Parcel 1, as said parcel is shown on the Parcel Map filed in the Office of the Recorder of San Joaquin County on October 20, 2004, in Book 23 of Parcel Maps, at Page 62; containing 17.981 acres, more or less.
End of Description
EXHIBIT 1
Exhibit B:
Insurance Requirements
(Subdividers)
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 and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Requirement: as described below.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
EXHIBIT 1
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read "City of Stockton, its officers, officials, employees, and volunteers." Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor's insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
EXHIBIT 1
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptab/1/ty of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies {Professional & Pollution only)
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (SJ years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
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Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Surety Requirement
Contractor shall provide the following Surety Bonds:
1. Performance Bond
2. Payment Bond
3. Cash Deposit
The Payment Bond and the Performance Bond shall be in a sum based on the engineer's cost estimate. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Cash deposit of one (1) percent of the construction cost or a minimum of $5,000.00, whichever is greater.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor - HR
Stockton, CA 95202
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Exhibit C:
Insurance Requirements
( Construction Contracts)
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, 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 subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $3,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
5. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
6. Surety Bonds as described below.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
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Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read "City of Stockton, its officers, officials, employees, and volunteers." Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor's insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
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1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages
herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
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Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall EXHIBIT 1
be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor - HR
Stockton, CA 95202
EXHIBIT 1
EXHIBIT D
10505 Trinity Parkway (TM P23-0266) Conditions (7-15-2024) Conditions of Approval
Planning: The project approved by this action shall conform to the plans, elevations, and materials included in Exhibit 1 and shall conform with all applicable standards in SMC §16.80.250 (Outdoor dining and seating areas). Additional Conditions are noted below:
1. Landscaping is required pursuant to SMC Chapter 16.56 (Landscaping Standards) and Chapter
16.64 (Off-Street Parking and Loading Standards). Submit a Landscape Plan with building permit submittal for review.
2. Any perimeter fencing shall comply with SMC Chapter 16.48 (Fences, Hedges, and Walls).
3. Provide a minimum of five (5) trees throughout the parking lot landscape areas.
4. Parking spaces, driveways, maneuvering aisles and turnaround areas shall be paved in accordance with SMC §16.64.030(0).
5. Provide trash enclosure details with building permit submittal, in conformance with SMC §16.36.130 for Solid waste/recyclable materials storage.
6. Exterior lighting shall be shielded so that light does not spill onto adjacent properties or right of way per SMC §16.32.070.
7. Outdoor seating must be arranged or situated so that it does not create a hazard to pedestrians or encroach on a required building exit, vehicle travel lane, driveway, or any public street Engineering:
8. Applicant shall be required to comply with the City of Stockton's Municipal Development Code SMC 16.72.110.
9. Applicant shall submit off-site improvement plans with building permit submittal. Engineered improvement design plans may need to be prepared in accordance with City Standard Specifications and Plans. An Encroachment Permit per SMC 16.72.125 shall be obtained prior to construction of frontage improvements. Off-site improvement plans would be submitted to the Community Development Department, Planning and Engineering Division, for City approval.
Improvement plans for off-site improvements are different than, and separate from, plans and drawings prepared for on-site development of private property.
10. Applicant shall remove any unused driveway approach access to the parcel and close the access with vertical curb, gutter, and sidewalk, per approved plans.
11. Show all existing property corner pins/ survey monuments and add a note on the construction plans stating: "Property pins/ survey monuments shall be protected in place." Submit survey monument preservation acknowledgement form at time of building permit or off-site improvement plan application(s).
12. The minimum Traffic Sight Area shall be maintained free from obstructions that could block the sight distance of motorists entering or leaving the site per SMC §16.36.140.
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13. An Encroachment Permit will be required for installation of new driveways and the new approach shall be constructed to City standard commercial driveway approach (R-59).
Building Division:
14. At time of building permit submittal, a complete set of landscape construction drawings, prepared by a Licensed Landscape Architect, shall be submitted documenting compliance with the State Mandated Model Water Efficient Landscaping Ordinance (MWELO) Program, including the requirements of water calculations for the entire project. The landscape construction drawings shall be in substantial conformance with the approved site design. The Landscape Plan shall include a listing of plant species including trees, shrubs and groundcover and an overall Irrigation Concept Statement.
15. The project shall comply with, and document on the building permit construction drawings, the applicable accessibility requirements of the current edition of the California Building Code Chapters 11 A/11 B accordingly. It is the property owner's and business owner's responsibility to comply with other federal accessibility regulations not under the jurisdiction of the City of Stockton such as the Americans with Disabilities Act (ADA) or the Fair Housing Act (FHA), as applicable.
16. Construction plans and supporting documents for the building permit submission shall be prepared by, and stamped and signed by, a California licensed architect or engineer.
Stamping requirements apply to all disciplines including, but not limited to, civil, architectural, structural, mechanical, electrical, plumbing, and landscaping.
17. Building permit(s) required from the City of Stockton Building & Life Safety Division for new construction or site, including but not limited to, new structures, changes to the layout or use of the building(s), changes to the layout or use of the site, and any changes to the building systems (mechanical, electrical, and plumbing). Please visit www.stocktonca.gov/building for additional information and submittal guidance.
18. The Project construction design must comply with all applicable requirements of the current version of the California Building Code.
Municipal Utilities District:
19. Provide a Stormwater Quality Control Plan (SWQCP) at the time of Building Permit submittal.
Submittal plans should address the on-site stormwater treatment and how it is proposed to be handled.
https://www.stocktonca.gov/documents/bySC/Municipal Utilities.html#:~:text=Stormwater Q uality Control Criteria Plan SWQCCP 2020.pdf
20. Provide a Water Discharge ID (WDID) number for the State approved Stormwater Pollution Prevention Plan at the time of Building Permit submit submittal. The WDID number is required for development projects where at least one (1) acre of land area would be disturbed.
Fire Department:
21. Portable fire extinguishers shall be installed in common areas of the site as approved by the Stockton Fire Department.
22. If the site is secured with a gate at the driveway, Fire Department access will need to be provided. Motorized gates require a key switch, and manually openable gates will require a KNOX box or chain/lock assembly that can be easily removed with Fire EXHIBIT 1
Department equipment.
23. Provide building address numbers in conformance with SMC §15.08.090. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. A 12-inch address number will be required on the building or perimeter security fencing.
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