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HomeMy WebLinkAboutReso 133-08 Wallis Ranch Bridges RESOLUTION NO. 133 - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING THE IMPROVEMENT AGREEMENT WITH CHANG SU-O-LIN FOR THE WALLIS RANCH BRIDGES WHEREAS, Chang Su-O-Lin (also known as Jennifer Lin) is the developer of Wallis Ranch and intends to construct two bridges over Tassajara Creek to serve Wallis Ranch; and WHEREAS, Chang Su-O-Lin has executed and filed with the City of Dublin an Improvement Agreement to install said bridge improvements in accordance with the approved plans identified in said Improvement 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 15th day of July, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Sbranti, and Scholz and Mayor Lockhart NOES: None ABSENT: Councilmember Oravetz ABSTAIN: None AT(L{ fW- Deputy City Clerk Reso No. 133-08, Adopted 7/15/08, Item 4.14 Page 1 of 1 IMPROVEMENT AGREEMENT WALLIS RANCH BRIDGES This agreement is made and entered into this 15th day of July, 2008, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Chang Su-O-Lin (also known as Jennifer Lin) are hereinafter referred to as "OWNER"). RECIT ALS WHEREAS, Jennifer Lin is the owner of certain land within the City of Dublin, known as Wallis Ranch. The City has approved Vesting Tentative Map for Tract 7515 and Site Development Plan for projects in Wallis Ranch that require the construction of two bridges over Tassajara Creek that are the subj ect of this Improvement Agreement; WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of California, that OWNER desires to construct the two bridges over Tassajara Creek at the future crossings of Julie Ann Lane and Wallis Ranch Road (hereafter collectively "The Improvements"). The Improvements shall be constructed in accordance with the following referenced plans, which are hereby referred to for a more definite description of the work to be performed under this Agreement as though set forth at length herein; . Wallis Ranch - South Bridge prepared by Finn Design Group, Inc. Structural Engineers, and signed by the City Engineer on April 25, 2008 . Wallis Ranch - North Bridge prepared by Finn Design Group, Inc. Structural Engineers, and signed by the City Engineer on May 30, 2008 . Revised Special Provisions for the South Bridge, Tassajara Creek, Wallis Ranch, Dublin California prepared by Finn Design Group, Inc. Structural Engineers, and dated October 19,2007 . Special Provisions for the North Bridge, Tassajara Creek, Wallis Ranch, Dublin California prepared by Finn Design Group, Inc. Structural Engineers, and dated March 21, 2008 . Biological Requirements, Supplemental Specification for the Wallis Ranch South Bridge Project, prepared by H. T. Harvey & Associates, dated May 28, 2008 . Biological Requirements, Supplemental Specification for the Wallis Ranch North Bridge Project, prepared by H.T. Harvey & Associates, dated May 28,2008 . Grading Plans, Temporary Construction Access Road, Wallis Ranch prepared by MacKay & Somps and signed by the City Engineer on May 30, 2008 . Improvement Plans for Julie Ann Lane Storm Drain Outfall, Wallis Ranch, prepared by MacKay & Somps and signed by the City Engineer May 30, 2008 . Improvement Plans for Wallis Ranch Road Storm Drain Outfall, Wallis Ranch, prepared by MacKay & Somps and signed by the City Engineer May 30, 2008 . Geotechnical Investigation, Wallis Ranch-North and South Bridges over Tassajara Creek for Charter Properties, prepared by Berlogar Geotechnical Consultants, dated July 19, 2007 Gob No. 1394.4.) 8+\1 BIT A IMPROVEMENT AGREEMENT Page 1 of9 · Special Inspection and Testing Agreement for the Wallis Ranch South Bridge signed on December 18, 2007 · Special Inspection and Testing Agreement for the Wallis Ranch North Bridge signed on December 18, 2007 · Storm Water Pollution Prevention Planfor the North and South Bridges at Tassajara Creek, Wallis Ranch prepared by CSS Environmental Services for Jennifer Lin dated May 28,2008 WHEREAS, OWNER intends to construct The Improvements initially to provide private access to the portion of Wallis Ranch on the west side of Tassajara Creek; WHEREAS, OWNER intends to complete, or have others complete, the bridge by adding architectural features and constructing public roadway approaches at a future date in accordance with a future Improvement Agreement, and CITY intends to accept OWNER's offer of dedication of right- of- way and The Improvements in consideration for OWNER's satisfactory performance of the terms and conditions of the said future Improvement Agreement; WHEREAS, CITY has determined that The Improvements are a public works subject to California prevailing wage requirements; NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: Section 1. Completion Time. OWNER shall start construction of The Improvements within one year after execution of this agreement and shall complete the work within two years after the start of construction. Section 2. Grading / Sitework Permit. The Owner or Contractor who will construct The Improvements for the OWNER shall obtain a Grading / Sitework Permit from the City's Public Works Department prior to the start of any construction activity on the site. Section 3. Estimated Cost of Improvements. A Cost Estimate for installing and maintaining erosion control measures, tree protection measures, creek protection/restoration measures, and a contingency for potential remedial grading or work that could be required due to constructing The Improvements is to be provided by the OWNER and approved by the City Engineer prior to issuance of the Grading / Sitework Permit. Said amounts shall include costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. The estimated cost for construction of The Improvements is not applicable to this Agreement. Section 4. Bonds Furnished. Prior to issuance of the Grading / Sitework Permit for the improvements, the OWNER or its Contractor shall furnish CITY with the following security in a form satisfactory to the CITY Attorney: IMPROVEMENT AGREEMENT Page 2 of9 a. Faithful Perfonnance. Either a cash 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 instrument of credit equivalent to one hundred percent (100%) of the estimates set forth in Section 3 for installing and maintaining erosion control measures, tree protection measures, creek protection measures, and a contingency for potential remedial grading or work that could be required due to the constructing The Improvements. CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform to the provisions of Chapter 5 of the Subdivision Map Act. Section 5. Insurance Required. Prior to the commencement of work under this Agreement, OWNER or its contractor shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance 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 contractor or subcontractor to commence work on this contract or subcontract until all insurance required for OWNER 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 the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 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 of Insurance. OWNER shall maintain limits no less than: (i) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. IMPROVEMENT AGREEMENT Page 3 of9 (ii) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and propeliy damage. (iii) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1 ,000,000 per accident. c. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer spall reduce or eliminate such deductibles or self-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 defense expenses. d. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (i) General Liability and Automobile Liability Coverages. (a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed 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 shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees 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 self-insurance maintained by the CITY, its officers, officials, employees or volui1teers shall be excess 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 Liability 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. IMPROVEMENT AGREEMENT Page 4 of9 (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 requested, has been given to the CITY. (a) Acceptability ofInsurers. 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 effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before 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 general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Section 6. Work Performance and Guarantee. A future Improvement Agreement will require The Improvements to be repaired and completed in accordance with the improvement plans approved with the said future Improvement Agreement. Except items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, OWNER will be required to guarantee all work executed by OWNER and/or OWNER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the said future Improvement Agreement, to be free of all defects of workmanship and materials for a period of one year after acceptance of the entire work by CITY. Section 7. Inspection of the Work. OWNER shall guarantee free access to CITY through its City Engineer and his designated representative for the 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 specifications, 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 accordance with the Improvements plans and specifications. OWNER shall provide the required inspection, testing and reporting per the Special Inspection and Testing Agreements with the City as previously listed. IMPROVEMENT AGREEMENT Page 5 of9 Section 8. Agreement Assignment. OWNER shall not assign this Agreement without the written consent of CITY, which consent shall not be unreasonably withheld. Section 9. 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 of the work, or any severable part thereof, with such diligence as will insure its completion, or if OWNER should be adjudged as bankrupt, or should make a general 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 of this Agreement, the CITY through its City Engineer may serve written notice on OWNER and OWNER's surety or holder of other security 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 Agreement, OWNER's surety shall have the duty to take over and complete and maintain all erosion control measures, tree protection measures, creek protection measures, and perform any grading and / or work necessary to restore the site to a safe condition; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence perfornlance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same, 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 liable 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 performing the work, such materials, appliances, plant and other property belonging to OWNER as may be on the site of the work and necessary therefore. Section 10. 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: Mark Lander, City Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 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, CA 94588 IMPROVEMENT AGREEMENT Page 6 of9 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. Section 11. Safety Devices. OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the site of The Improvements as may be necessary to prevent accidents to the public and damage to the property. OWNER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, 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 of work) shall be removed from site of the work by the OWNER, and the entire site left clean and orderly. Section 12. Acceptance of Work and Easement. Upon completion of The Improvements the CITY will provide written notification to the OWNER that The Improvements were completed to the City's satisfaction in accordance with the approved plans and permits and return any bonds held by the CITY in cOlmection with the Grading/Sitework Permit. However, The Improvements and any right of way and easements deemed necessary by the City Engineer for the maintenance of The Improvements will be accepted by the CITY at the time of the OWNER's satisfactory completion of the improvements required per the terms and conditions of a future Improvement Agreement. Section 13. Patent and Copyright 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 expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. Section 14. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. Section 15. Liability. a. OWNER Primarily Liable. OWNER hereby warrants that the design and construction of The Improvements will be performed in a proper manner. OWNER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of IMPROVEMENT AGREEMENT Page 70f9 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 cOlmection with OWNER'S actions and obligations hereunder; provided 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 agreement, because of the acceptance by CITY, or the deposit with CITY by OWNER, of any of the insurance policies described in Paragraph 3 hereof. (ii) That the aforesaid hold harmless agreement by OWNER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. b. Design Defect. If a design defect in the work of Improvements becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the Improvements, and said design defect, in tlle 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 reconstruct the improvements as necessary to correct said design 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. c. Litigation Expenses. 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 16. Indemnification and Waiver. OWNER shall defend CITY, its officers, 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 17. Recitals. The foregoing Recitals are true and correct and are made a part hereof. IMPROVEMENT AGREEMENT Page 8 of9 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: Date: By: Jan I ~ Wtl% ATTEST: By: aw C t? {;q'- C4r-oliVJe p.S"to, City Clerk (Cep\Jtf Date:~ 17, UIJfl' AP,P. !Co, v~das ~qfl:' L ? J"M'~L '.}7 .f"- John Bakker, City Attorney .i Date: s-- t?~ -D [5 in (also known as Jennifer Lin) g, her authorized representative G:\DEVELOPMENT, PRlVATE\Dublin Ranch\Wallis RanchIBridges\lmp Agree- bridges. DOC IMPROVEMENT AGREEMENT Page 9 of9