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Home My WebLink About4.06 Fallon Road Stream Corridor Landscape CITY CLERK File # D~[(J]-~[Q AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 19,2006 SUBJECT: Acceptance of Fallon Road Stream Corridor Landscape Improvements Associated with Tract 7135, Dublin Ranch Area A (Toll CA II, L. P.) Report Prepared by: Melissa Morton, Public Works Director . I !' / ATTACHMENTS: 1) 2) Resolution Location Map RECOMMENDATION: , /fJ5 " Adopt the Resolution accepting the Fallon Road Stream Corridor Landscape Improvements for Tract 7135, Dublin Ranch Area A FINANCIAL STATEMENT: Toll CA II, L. P., has provided a Maintenance Bond in the amount of $253,963.00 (Bond No. 929394621) to replace the Performance Bond and Labor and Materials Bond that assured the installation of required landscaping improvements. The Maintenance Bond will guarantee against defects for one year. Landscaping maintenance will be performed by the Dublin Ranch Golf Club Homeowner's Association. DESCRIPTION: Toll CA II, L. P., is requesting acceptance of the recently completed Fallon Road Stream Corridor landscape improvements associated with Tract 7135, Dublin Ranch Area A. These improvements lie within the open channel that extends along the west side of Fallon Road between Turnberry Drive/Golf Course and Gleason Drive. The original Tract Developer Agreement was one of seven agreements executed on July 17, 2001, per Resolution No. 126-01 for improvements associated with Tract 7135, Dublin Ranch Area A. The agreements governed the following: 1) Bulk grading for Phase I, Tract 7135 2) Storm drain through the golf course ------------------------------------------------------------------------------------------------------------- COPY TO: Jon H. Paynter, Toll CA II, L.P. Page 1 of2 ITEMNO.~ G:\DEVELOP\Dublin Ranch\Area A\Tract 7135\AgstacPUandscape stream corridoLdoc 3) Street improvements for Fallon Road and Bent Tree Drive 4) Traffic signals on Fallon Road 5) Upgrades to existing Fallon Road 6) Landscaping 7) Rough grading and erosion control for Neighborhoods A-6 (Tract 7141) and A-7 (Tract 7142) The City has accepted the work governed by six agreements and has approved partial acceptance of the Fallon Road Landscape Improvements, with the exception of the Stream Corridor landscaping, as governed by the seventh agreement. The remaining Fallon Road Landscape Improvements within the Stream Corridor are now complete. Since these landscape improvements have been constructed pursuant to the Tract Developer Agreement and to the satisfaction of the Public Works Director, it is appropriate for the improvements to now be accepted by the City, with ongoing maintenance to be performed by the Dublin Ranch Golf Club Homeowner's Association. At the time that the City and Toll CA II, L.P., executed the Tract Developer Agreement governing the landscape improvements for Tract 7135, the developer provided a Performance Bond and a Labor and Materials Bond, each in the amount of $2,971,560.00, to guarantee performance of the work. The Landscaping Agreement was previously amended via City Council Resolution No. 207-04 on October 19, 2004, to grant partial acceptance of the Fallon Road landscaping, with the exception oflandscaping within the Stream Corridor. This partial acceptance also allowed a reduction in the bond amounts to $1,105,850 to guarantee performance of the remaining work, and the extension of the completion date to July 17, 2005. Now that the work is complete, these bonds may be released in accordance with authority contained in 966499.7 of the Government Code, and replaced with a Maintenance Bond. The developer has provided a Maintenance Bond in the amount of $253,963.00, which is 25% of the original Performance Bond, and which is sufficient to guarantee the improvements for a one-year period after acceptance. Staff recommends that the City Council adopt the Resolution accepting the Fallon Road Stream Corridor Landscape Improvements for Tract 7135, Dublin Ranch Area A. Page 2 of2 / f) f3 RESOLUTION NO. - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ACCEPTANCE OF FALLON ROAD STREAM CORRIDOR LANDSCAPING ASSOCIATED WITH TRACT 7135, DUBLIN RANCH AREA A (TOLL CA II, L.P., A CALIFORNIA LIMITED PARTNERSHIP) WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll CA II, L.P., a California Limited Partnership (hereinafter referred to as "DEVELOPER"), entered into seven Tract Developer Agreements that governed the Bulk Grading for Phase I, the Storm Drain through the Golf Course, Fallon Road and Bent Tree Drive Improvements, Traffic Signals at the Intersections of Fallon Road/Antone Way and Fallon Road/Bent Tree Drive, Upgrading Existing Fallon Road, Fallon Road Landscaping, and the Rough Grading/Erosion Control for Tracts 7141 and 7142 (Tract Developer Agreements 1 through 7) on July 17,2001; and WHEREAS, the Bulk Grading for Phase I of Tract 7135 and the Rough Grading and Erosion Control improvements for Neighborhoods A-6 and A-7 (Tract Developer Agreements 1 and 2 of 7) were completed and accepted by the City Council via Resolution No. 85-03 on May 20, 2003; and WHEREAS, the Storm Drain through the Golf Course and the Upgrades to Existing Fallon Road (Tract Developer Agreements 3 and 4 of 7) were completed and accepted by the City Council via Resolution No. 109-03 on June 3, 2003; and WHEREAS, the Traffic Signals at the intersections of Fallon RoadlBent Tree Drive and Fallon Road/Antone Way (Tract Developer Agreement 5 of 7) were completed and accepted by the City Council via Resolution No. 182-03 on September 2,2003; and WHEREAS, the Street Improvements for Fallon Road and Bent Tree Drive (Tract Developer Agreement 6 of 7) were completed and accepted by the City Council via Resolution No. 224-03 on November 18,2003; and WHEREAS, the partial Fallon Road Landscape Improvements (Tract Developer Agreement 7 of 7), with the exception of Landscaping within the Stream Corridor (Parcel D of Tract 7135 and Parcel B of Tract 7252), were completed and accepted by the City Council via Resolution No. 207-04 on October 19, 2004; and WHEREAS, the remaining Fallon Road Landscape Improvements within the Stream Corridor (Tract Developer Agreement 7 of 7), as guaranteed by a Decrease Rider for a Performance Bond and a Labor and Materials Bond, each in the amount of $1,015,850.00, are complete in accordance with said plans and specifications, and any approved modifications thereto, to the satisfaction of the Director of Public Works; and WHEREAS, the original Decrease Rider for the Performance Bond and Labor and Materials Bond that guaranteed the Fallon Road Stream Corridor Landscape Improvements can be released in accordance . , (.... ~ ."? 1 ATTACIDIENT /. dtJf3 with the authority contained in 966499.7 of the Government Code of the State of California, and replaced with a Maintenance Bond to guarantee the completed work for a one-year period following acceptance; NOW, THEREFORE, BE IT RESOLVED that 1. The Fallon Road Stream Corridor Landscape Improvements along the west side of Fallon Road between the Turnberry Drive/Golf Course and Gleason Drive are hereby approved and accepted subject to a one-year guarantee period; and 2. The original Decrease Rider for the original Performance and Labor and Materials Bonds issued by The Continental Insurance Company (Bond No. 929208209) in the amount of $1,015,850.00 be released; and 3. The submitted Maintenance Bond issued by The Continental Insurance Company (Bond No. 929394621) in the amount of $253,963.00 be accepted as security for the aforesaid one-year maintenance period, said period to commence on this date and terminate on the 19th day of September, 2007. PASSED, APPROVED AND ADOPTED this 19th day of September, 2006. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\DEVELOP\Dublin Ranch\Area A\Tract 7135\resoacpt_landscape stream corridor.doc 2 . 0-'\ 3 b!:> TRACT 7135 LOCATION MAP STREAM CORRIDOR LANDSCAPE ~ - IMPROVEMENTS TO BE ACCEPTED Q i -r 0 w:l lIJQ IlIOO I , P:\ 'i03"'-2Q\_t...\-..-ift...t1_c: ----- ATTAUIDIENT Z.