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HomeMy WebLinkAboutReso 132-06 Fallon Road Dublin Blvd Improvements RESOLUTION NO. 132 - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * w * * * * * * * APPROVING THE IMPROVEMENT AGREEMENT WITH THE LIN FAMILY AND THE SIERRA LAND DEVELOPMENT CORPORATION FOR FALLON ROAD - DUBLIN BOULEVARD TO CENTRAL PARKWAY WHEREAS, the Lin Family and the Sierra Land Development Corporation, the developers of Dublin Ranch, intend to construct certain roadway improvements to serve Dublin Ranch; and WHEREAS, the Lin Family and the Sierra Land Development Corporation have executed and filed with the City of Dublin an Improvement Agreement to install said roadway improvements for Fallon Road - Dublin Boulevard to Central Parkway in accordance with approved improvement plans; and WHEREAS, said Improvement Agreement is secured by a bond furnished by Developers Surety and Indemnity Company in the amount of $610,000 (Bond No 720013S), conditioned upon faithful performance of said Agreement; and WHEREAS, said Improvement Agreement is secured by a bond furnished by Developers Surety and Indemnity Company in the amount of $610,000 (Bond No. 720013S), conditioned upon payment for labor performed or material furnished under the terms of said Agreement; NOW, THEREFORE, BE IT RESOLVED that said Improvement Agreement, attached hereto as Exhibit "A", is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute said Improvement Agreement. PASSED, APPROVED AND ADOPTED this 18th day of July, 2006, by the following vote: AYES Councilmembers Hildenbrand, Oravetz and Zika, and Mayor Lockhart NOES' None ABSENT Council member McCormick ABSTAIN None ATTE~"..M. - Cit Clerk Reso No. 132-06, Adopted 7/18/0li, Iteln 4.4 Pa~e 1 of 1 IMPROVEMENT AGREEMENT FALLON ROAD - DUBLIN BOULEVARD TO CENTRAL PARKWAY This agreement is made and entered mto thIs 18th day of July, 2006, by and between the CITY of Dublin, a municipal corporation, hereinafterreferred to as "CITY", and Chang Su-O-Lin (also known as Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao Lm (also known as Kevin Lin) ("the Lins"), and Sierra Land Development CorporatlOl1, a Cahfornia Corporation ("Sierra Land") (the Lms and Slerra Land are herem after referred to collectively as "OWNER"). RECITALS WHEREAS, the Lms are owners of certam land within the City of Dublin, known as Duhhn Ranch. The City has approvcd ccrtain dcvelopment projects in Dublin Ranch that require the construction ofthc improvcmcnts that arc the subject of this Improvement Agreement. SIerra Land is a legal entity controlled by the Lins that the Lins propose to use to construct the lmprovements; WHEREAS, it has bcen dctermined by the CITY Council of the CITY of Dublin, State of California, that OWNER dcsires to construct and dedicate the following improvements (hereaftcr collectively "The Improvements"): Fallon Road, Dublin Boulevard to Central Parkway, including frontage curb & gutters, 34-foot widc pavcmcnt, storm drainage, water, street monuments, traffic signing & stnpmg, and street lighting improvements. The Owner has requested that the City include, and the City has agreed In include, the Phase 2 work for the transition between the old and the new Fallon Road, estimated at $70,000, in the 1-580/Fallon Road lnterehange project contract. Except for the Phase 2 work referred to above, the Improvements shall be constructed m accordance with the following referenced plans, whlCh arc hereby referred to for a more dcfinite description of the work to he performed under this Agreement as though set forth at length herein; . Improvement Plans, Dublin Ranch, Fal/on Road - Dublin Boulevard to Central Parkway prepared by MacKay & Somps, consisting of 13 sheets, and signed by the City Engineer On April 19, 2006. . Joint Trench Composite & Electrolier Site Plan, Fal/on Road - Dublin Boulevard to Central Parkway prepared by RGA Utility Consultants consisting of6 sheets, and signed by the City Engineer on April 19, 2006 WHEREAS, OWNER intends to satisfactorily complete The Improvements WIthIn the time hercinafter specified, and CITY intends to accept OWNER's offer(s) of dedication ofnght-of-way and The Improvements in consideration for OWNER's satisfactory perfonnance ofthe terms and conditions of this Agreement; WHEREAS, CITY has determined that The Improvements are a public works subject to Califomia prevailing wage requirements; IMPROVEMENT AHREEMENT l-::Ll1ol1 I{oad, C~lltral Parkway -Duhhn Boulevard Page 1 01'1\ NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties ab'Tee as fullows: Section 1 Completion Time. OWNER will commence construction of the Phase 1 Improvements within ninety days following the date on which CITY executes this Agreement. OWNER shall complete the Phase 1 Improvements no later than 18 months following execution of this agreement. The Phase 2 Improvements will be constructed as part of the I-580/Fallon Road Interchange project and are not cxpeeted to be completed until late 2007 Section 2. Estimated Cost of Improvements. For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to be $ 540,000 for I.he Phase 1 Improvements and $70,000 for the Phase 2 Improvements per the Bond Estimate prepared by MacKay & Somps dated April 12, 2006. The Phase 2 Improvements are to be considered complete for this Agreement wben included in the 1-5 ROlFallon Road Interchange project contract. Said amounts include costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Section 3. Bonds Furnished. Prior to commencing construction of the improvements, OWNER (either the Lins or Sierra Land) shall fun11Sh CITY with the following security in a form satisfactory to the CITY Attorney' a. Faithful Performance. Either a cash deposit, a corporate surety bond issued hy a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth in Paragraph 2 and suffieient to assure CITY that The Improvements will be satisfactorily completed. b Labor and Materials. Either a eash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrun1ent of credit equivalent to one hundred pereent (100%) of the estimates set forth in Paragraph 2 and suflicient to assure CITY that OWNER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall confurm to the provisions of Chapter 5 of the Subdivision Map Act. Section 4 Insurance Required. Prior to commencing construction of the improvements, OWNER shall obtain or cause to be obtained and filed with the CITy, all insuranee required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, (lr his designee, as to f<.mn, amount and carrier. Prior to the cnmmen<:ement of work under this Agreement, OWNER's general contractor shall obtain or cause to bc obtained and filed with the Admimstrative Services Director, all insurance IMPIH)VI-MI-:NT MiRFF,MRNT Fallon Rood. Cclltral Parkway ~ Dublin Boulevard Page 2 uf 11 required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, as to form, amount and carrier. OWNER shall not allow any contrador or subcontractor to commence work on this contract or subcontract until all insurance required for O\VNER and OWNER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY All requirements herein provided shall appear either in thc body of the msurance policies or as endorsements and shall specifically bind the insurance cartier. a. Minimum Scone ofTnsurance. Coverage shall he at least as broad as: (i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liabilitv and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Oflice Commercial General Liability coverage ("occurrence" form CG 0001 ) (ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025 (iii) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. b. Minimum Limits ofInsurance. OWNER shall maintain limits no less than. (i) Gencral Liability. $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property danlage. If commercial General Liabilit) Insurance or other foml with a general aggregate limit is used, either the gcneral aggregate limit shall apply separately to this project/locatjon or the general aggregate limit shall he twice the required occurrcnee limit. (ii) Automobile Liability. $1,000,000 combined single limit per accident for bodily injury and property damage. (iii) Workers' Compcnsation and Emplovcrs Liability. Workers' compel1sation limits as required by the Labor Code of the State of California and Employers Liability limits of $1 ,000,(lOO per accident. c. Deductiblcs and Self-Insurance Retentions. Any dcduetibles or self-insured retentions 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 selt~insured retentions as respects the CITY its officers, officials and employees; or the OWNER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and delense expenses. d. Other Insurance Provisions. Thc policies arc to contain, or be endorsed to contain, the following provisions: IMPROVEMENT AGREEMENT Fallon Ruad. CerHral Parkway - Duhlin Hnulcvllrd Page 3 uf 11 (i) General Liabilit~ and Automobile Liabilitv Coverages. (a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities perfonned by or on behalf of the OWNER; products and completed operations of the OWNER, premises owned, occupied or used by the OWNER, or automobiles owned, leased, hired or borrowed by the OWNER. The coverage shaIl contain no speciallimitalions on the s<.oope of the protection afforded to the CITY, its officers, officials, employecs or volunteers. (b) The OWNER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or sclf-insuranec maintained by the CITY, its officers, officials, employees or volunteers shall be eXl.Oess of the OWNER'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 officers, officials, employees or volunteers. (d) The OWNER'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 (ii) Workers' Compensation and Employers Liabilitv Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the OWNER for the CITY (iii) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requcstcd, has been given to the CITY (a) Aeeeptabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A. VII. (b) Verification of Coverage. OWNER shall furnish CITY with certificates of insurance and with original endorsements ef1<Olcting coverage required by this clause. The certificates and endorsements for each insurance policy are tn he Slgned hy a person authorized by that insurer to bind coveragc on its bchalf. The certificates and endorsements are to be received and approved by the CITY before IMPROVEMENT AGREEMENT Fallon Road. Central Parkway - Dublin DOlllevilJ'd Page.:1 of1] work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Subcontractors. OWNER and/or OWNER's gel1eral contractor shall include all subcontractors as insureds under its polides or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Scction 5 Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, OWNER guarantees all work executed by OWNER and/or OWNER's agents, and all supplies, materials and devices ofwhatsoewr nature incorporated in, or attached to Ute work, or oUterwise delivered to CITY as a part of the work pursuant to Ute Agreement, to be free of all defects of workmanship and materials for a period of onc (1) year after acceptance of the entire work by CITY. OWNER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to CITY OWNER further covenants and agrees that when defects in design, workmanship and materials actually appear during the one-year guarantee period, arId have been corrected, thc guarantee period shall automatically he extended for the corrected items for an additional year to insure that such defects have actually been corrected. In the cvent the OWNER shall fail to comply with the conditions of the foregoing guarantee withm thirty (30) days time or such longer time period as agreed to in writing hy the City Engineer, aftcr being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and OWNER shall pay to CITY on demand all costs and expense of such repwr Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public healUt, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and OWNER shall pay to CITY on demand all costs and expense of such repair. The foregoing statemcnt relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion arId judgment of CITY If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, OWNER shall pay, in addition to actual. costs and expenses of such repair or work, twenty-five percent (25%) of such costs and expenses for overhead arId interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. Section 6. Insoection of the Work. OWNER shall guarantee free access to CITY through its City Engineer and his designated representative for tbe safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and spccifications, and all such materials and or work shall be removed promptly by OWNER and replaced to the satisfaction of CITY without any expense to CITY in strict IMPRlWEMENT ~GREEMENT pallun Road, Ct=n1ral Parkwuy - Dublirl Duulevard Pa.p.t:~oftl acc(lrdance with the Improvements plans and specifications. Section 7 Agreement Assignment. OWNER shall not assign this Agreement without the written consent of CITY, which consent shall not be unreasonably withheld. Section 8. Abandonment of Work. Neither OWNER nor any of OWNER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of OWNER's obligations under this Agreement. If OWNER refuses or fails to obtain prosecution ofthe work, or any severable part thercof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work withil1 such time, or if OWN ER should be adjudged as bankrupt, or should make a gencral assignment for the benefit of OWNER's creditors, or if a receiver should be appointed, or if OWNER, or any of OWNER's contractors, subcontractors, agents or employees should violate any of the provisions ofthis Agreement, the CITY through its City Engineer may serve written notice on OWNER and OWNER's surety or holder ofothcr sceurity of breach of this Agreement, or of any portion, thereof: and default of OWNER. In the event of any such notice of breach of this Agrecment, OWNER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that ifthe 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 takc over the performance of the contract, and does not commence performance thereof within thirty (30) 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 OWNER and OWNER's surety shall be liahle to CITY for any damages and/or reasonable and documented excess costs occasioned by 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 OWNER as may be on the site of the work and necessary therefor. Section 9. Notices All notices herein required shall be 10 writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to CITY shall be addressed as follows: Mark Lander, City Engineer City of Dublin 100 Civic Plaza Dublin, C A Cl451i8 IMPROVEMENT AGREEMENT Fallon Road, Centra] Parkway - Dublin Boulevard Pal-1e 6 or'! 1 Notices required to be given to OWNER shall be addressed as follows: The Lin Family c/o James Tong 4690 Chabot Drive, Suite 100 Pleasanton, C A 945R8 Notices required to be given surety of OWNER shall be addressed as follows: Gregury Pribyl Thc Insco Dico Group 3100 Oak Ruad, Suite 260 Walnut Creek, CA <)4596, California 94566 Any party or the surety may change such address by notice in writing to the other party and thereafter notices sball be addressed and transmitted to the new address. Concurrently with the execution ufthls Agreement, OWNER ha~ executed and has caused to be acknowledged an abstract of this Agreement. OWNER agrees CITY may record said abstract in the Official Recurds uf Alameda County Sectiun 10. Safety Devices. OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and othcr safety devices adjacent to and Ul1 the site of The Improvements as may be neccssary to prevent accidents to the public and damage tu the pruperty OWNER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and uther safety devices. At the end of all work to be performed under this Agreement, all fcnces, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items ofwurk) shall be removed from site of the work by the OWNER, and the entire site left clean and orderly Section 11 Acceotance orWurk and Easement. Upon notice ofthe cumpletion of The Improvements and the delivery of a set of final as-built mylar plans with electronic file to CITY by OWNER, CITY, through its City Engineer ur his designated representative, shall examine the wurk withuut delay, and, if found to be in accordance with said plans and specifications and thIS Agreement, shall recommend acceptance of the work to the City Council and, upun such acceptance, shall notifY OWNER or his designated agents of such acceptance. Concurrently with the notice of completion, OWNER shall dedicate tu CITY any right of way and easemcnts deemed necessary by the City Engineer for the maintenance of The Improvements, and, at acceptance of the Work, CITY shall also accept thc right-of-way and maintenance easement dedication. The right of way dedications shall be as shown on the Tentative Parcel Map 8734 attached hereto as Exhibit A. IMPROVEMENT WREEMENT Fallon Ruac1, Central r.ukw..w . Duhlin Boulevard Page 7 ofll Section 12. Patent and Conyright Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, OWNER shall be liable for, and shall indemnifY CITY from any fees, costs or litigation cxpcnses, including attorneys' fee~ and court costs, which may result from the use of said patented or copyrighted material, process or publication. Section 13 Alterations in Plans and Specifications. Any alteration or alterations made in the plans and ~pedfieations which are a part of ihis Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liahility on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties io said bonds hereby waive the provisioos of Section 2819 of the Civil Code of the State of California. Section 14 Liabilitv a. OWNER Primarily Liable. OWNER hereby warrants that the design and constructlOO of The Improvements will be performed in a proper marmer. OWNER agrees to indcmnifY, defend, release, and save harmless CITY, and each of its elective and appointive boards, cOll1mission~, offiecrs agents and employees, from and against any and all loss, clmm~, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of OWNER, its employees, agents, or independent contractors in connection with OWNER'S actions and obligations hereunder; provlded as follows: (i) That CITY does not, and shall not, waive any rights against OWNER which it may have by reason of the aforesaid hold harmless agreemcnt, because of' the acecptance by CITY, or the deposit with CITY by OWNER, of any of thc insurance policies descrihed in Paragraph 3 hereof. (ii) That the albresaid hold harmless agreement by OWNER ~hal1 apply to all damages and claims for damages of every kind suffered, or alleged to have been suffercd, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved ofplan~ and/or spccifications for the subdivision, or regardless of whether or not such insurance policies shall have becn dctcrmined to be applicable to any of such damages or claims for damages. b Design Defect If a design defect in the work ofImprovements becomes apparent during thc course of construction, or within one ( I) ycar following acceptance by the CITY of the Improvements, and ~aid design defect, in the opinion of the CITY, may substantially impair the public health and safety, OWNER shall, upon order by the CITY, redesign the improvements as necessary to correct said design defect and reconstlllct the improvements as necessary to correct said de~ign defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work requIred. IMPROVEMENT AGREEMENT FalloJl Ruad, Central P<'lrkwi'lY ~ Dublin l"\olllevard Page 8 nf 11 c. Litigation Exoenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against OWNER's surety on the bonds provided under Section 3 Section 15 Right of Entrv. CITY grants to OWNER a right of entry to enter upon the property within Fallon Road with such personnel, equipment, machinery, vehicles and materials as may be necessary for the sole purpose of construction of The Improvements pursuant to this Agreement. This right of cntry shall be effective upon the date ofthis agreement and shall terminate on upon acceptance of The Improvcmcnts by the City. There shall be no payment for thc right of cntry OWNER's obligation to indemnify, defend and hold CITY harmless, as described in Section 15, shall be applicable to any acts or omissions of OWNER, its contractors, subcontractors and agents, in connection with this right of entry. Section 16. Indemnil1cahon and Waiver. OWNER shall defend CITY, its ollicers, employees and officials, against any claims or actions (including declaratory or injunctive relief) concerning OWNER's construction of The Improvements on OWNER's property and shall indemnify and hold CITY harmless from any damages, charges, fees or penalties that may be awarded or imposed against CITY and/or OWNER in connection with, or on account of, OWNER's construction of The Improvements and/or CITY's failure to enforce or comply with any applicable laws. Section 1 7. Credits. CITY shall provide a credit to OWNER for dedication of any right-of-way needed tlJr The Improvements if such right-of-way is needed for improvemcnts described in the Eastern Dublin Traffic Impact ree. CITY shall provide a credit to OWNER for construction of The Improvements if such improvements are described in the Eastem Dubhn Traffic Impact Fee and if such improvements arc constructed in their ultimate location. All aspects o{the above credits shall be govemed by thc City's Administrative Guidelines. The amount of the credits shall be identified in a Credit Agreement between the CITY and OWNER. Section 18. Recitals. The foregoing Recitals are true and correct and are made a part hereof. [EXECUTION PAGE FOLLOWS] IMPROVEMENT AGReEMENT Fillion Road, Central Parkway ~ Dublin Boulevard Pagt:: f.) orll IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN OWNER. By' _._.__._....._:... Fawn Holman, City Clerk 1.,":'1 (., BY' Janet Lockhart, Mayor Date: ATTEST' AND DEVELOPMENT CORPORATION Date; Date: ~JcI.::....!?..-" " ary Approved as to Form. Approved s to form. Elizabeth H. Silver, City Attorney Martin W. lnderbitzen, Attorney for Lin Family IMPR()VPMI-NT ACmJ-l.I-!MI-:NT Fallon Road, Central P\'ITkway - [}nhlin Houlevard Page lOofll ~~ ~'" .. 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