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HomeMy WebLinkAbout4.11 Traffic Sig Central Pkwy G~~~ OF DU~~~ ~ 1`~~~~2 STAFF REPORT CITY C L E R K ~`c~~ ~ DUBLIN CITY COUNCIL File # 4LIFpR~ DATE: June 22, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE Acceptance of Improvements for Traffic Signals at Central Parkway and Fallon Road Prepared By: Mark Lander, City Engineer EXECUTIVE SUMMARY: The Lin Family and the Sierra Land Development Corporation have constructed the traffic signal improvements at Central Parkway and Fallon Road in accordance with the Improvement Agreement for Central Parkway -Lockhart Street to Fallon Road and Fallon Road -Central Parkway to Bent Tree Drive. It is now appropriate for the City to accept these improvements. FINANCIAL IMPACT: Sierra Land Development Corporation has provided a Warranty Bond (Bond No. 720007M) issued by Developers Surety and Indemnity Company in the amount of $37,500.00 to guarantee for one year the improvements associated with traffic signal improvements at Central Parkway and Fallon Road. The City will incur annualized maintenance and energy costs estimated to be $2,500. RECOMMENDATION: Adopt the Resolution Accepting Improvements for Traffic Signal at Central Parkway and Fallon Road. - :%f Sub By Review y C~Engineer Assistant City Mana er g Page 1 of 2 ITEM NO. . DESCRIPTION: The City of Dublin entered into an Improvement Agreement with the Lin Family and the Sierra Land Development Corporation in 2005 to construct roadway improvements on Central Parkway from Lockhart Street to Fallon Road and on Fallon Road from Central Parkway to Bent Tree Drive, including traffic signals on Central Parkway at Lockhart Street and at Fallon Road. The roadway improvements associated with Central Parkway Lockhart Street to Fallon Road and Fallon Road -Central Parkway to Bent Tree Drive, and the traffic signal improvements for Central Parkway and Lockhart Street were accepted by the City Council on November 21, 2006 with Resolution No. 218-06 The completion of the traffic signal at Central Parkway and Fallon Road was delayed at the request of the City until the City was ready to open Central Parkway from Lockhart Street to Fallon Road. The City is now ready to open Central Parkway anal Sierra Land Development Corporation has completed the installation of traffic signal improvements for the Lin Family in accordance with the Improvement Agreement. Sierra Land Development Corporation provided a Performance Bond and a Labor and Materials Bond, issued by Developers Surety and Indemnity Company and dated June 1, 2005 (Bond No. 720007S), in the amount of $310,000.00 for the traffic signals at Central Parkway and Lockhart Street and Central Parkway and Fallon Road. This bond was reduced to $80,000.00 on April 1, 2008 by Resolution 49 - 08 for the remaining work for the traffic signal at Central Parkway and Fallon Road. These bonds may now be released in accordance with the authority contained in §66499.7 of the Government Code. Sierra Land Development Corporation has provided a Warranty Bond issued by Developers Surety and Indemnity Company in the amount of $37,500.00 (Bond No. 720007M) as security for the one-year warranty period for the improvements associated with the traffic signal improvements at Central Parkway and Fallon Road. NOTICING REQUIREMENTS/PUBLIC OUTREACH: No public noticing is required for accepting these improvements. A copy of Staff Report will be sent to Jim Tong, the Lin Family's representative. ATTACHMENTS: 1. Location Map 2. Resolution for the Acceptance of Improvements for Traffic Signal at Central Parkway and Fallon Road, with Warranty Bond included as Exhibit A G:IDEVELOPMENT, PRIVATE\Dublin Ranch\Infrastructure\Central-Fallon\Staff Report Signal accept.doc Page 2 of 2 / 6 rl Central Parkway/ Fallon Road Traffic Signal _ ~ ..=:jC,~~ ~ , ~ ~ ~ , ,f~~1iN.1 ~`Y-..,... ~ ~ S r, ~ } ~ r t i t ATTACHMENT ~ RESOLUTION NO. - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTANCE OF IMPROVEMENTS FOR TRAFFIC SIGNAL AT CENTRAL PARKWAY AND FALCON ROAD WHEREAS, the Lin Family and the Sierra Land Development Corporation entered into an Improvement Agreement with the City of Dublin on June 21, 2005, to construct roadway improvements for Central Parkway -Lockhart Street to Fallon Road and Fallon Road -Central Parkway to Bent Tree Drive, including traffic signals on Central Parkway at Lockhart Street and at Fallon Road, in accordance with the approved plans; and WHEREAS, the roadway improvements associated with Central Parkway -Lockhart Street to Fallon Road and Fallon .Road -Central Parkway to Bent Tree Drive, and the traffic signal improvements for the Central Parkway/Lockhart Street intersection were accepted by the City Council on November 21, 2006 with Resolution No. 218-06; and WHEREAS, the improvements for the traffic signal at Central Parkway/Fallon Road were not fully completed at the request of the City; and WHEREAS, Sierra Land Development Corporation Performance Bond provided Performance Bond and Labor & Materials Bond issued by Developers Surety and Indemnity Company dated June 1, 2005 (Bond No. 720007S) in the amount of $310,000.00 for the traffic signal improvements. These bonds were reduced to an amount of $80,000.00 on April 1, 2008 by Resolution No. 49-08; and WHEREAS, the traffic signals improvements for the Central Parkway/Fallon Road intersection are now complete in accordance with said plans, and any approved modifications thereto, to the satisfaction of the City Engineer; and WHEREAS, the Performance Bond, and the Labor and Materials Bond can be partially released, in accordance with the authority contained in §66499.7 of the Government Code of the State of California; NOW, THEREFORE, BE IT RESOLVED that: 1. The improvements associated with the traffic signal at Central Parkway and Fallon Road are hereby approved and accepted subject to a one-year guarantee period; and 2. The traffic regulatory devices installed by the developer are hereby included in the City of Dublin Traffic Code, said regulatory devices to include the following: a) Traffic signal at the intersection of Central Parkway and. Fallon Road. ATTACHMENT .Z. t~ ~ , b) "No Parking Anytime" traffic control devices on the north side of Central Parkway from Lockhart Street to a point 305' east of the easterly curbline of Lockhart Street. c) "No Parking Anytime" traffic control devices on the north side of Central Parkway from a point 740' east of the easterly curbline of Lockhart Street easterly a distance of 60'. d) "No Parking Anytime" traffic control devices on the north side of Central Parkway from Fallon Road to a point 455' feet west of the westerly curbline of Fallon Road e) "No Parking Anytime" traffic control devices on the south side of Central Parkway between Lockhart Street and Fallon Road. 3. The original Performance Bond issued by Developers Surety and Indemnity Company dated June 1, 2005 (Bond No. 720007S) in the amount of $310,000.00 (reduced to $80,000.00) for the traffic signal improvements at Central Parkway & Fallon Road be released; and 4. The Labor and Materials Bond issued by Developers Surety and Indemnity Company dated June 1, 2005 (Bond No. 720007S) in the amount of $310,000.00 (reduced to $80,000.00) for the traffic signal improvements at Central Parkway & Fallon Road be released; and 5. The submitted Warranty Bond issued by Developers Surety and Indemnity Company in the amount of $37,500.00 (Exhibit A to the Resolution) for the improvements associated with the traffic signal improvements at Central Parkway & Fallon Road (Bond No. 720007M) be accepted as security for the aforesaid one-year warranty period, said period to commence on this date and terminate on the 22nd day of June, 2011. PASSED, APPROVED AND ADOPTED this 22nd day of June, 2010, by the following vote: YES: NOES: ABSENT: ABSTAIN: Tim Sbranti, Mayor ATTEST: Caroline Soto, City Clerk Bond No: 720007S-M WARRANTY BOND Know all men by these presents: that we, Sierra Land Development Corporation, as Principal, and the Developers Surety and Indemnity Company, a corporation licensed to do business in the State of California, as Surety, are held and firmly bound unto the City of Dublin, as Obligee, in the full and just sum of thirty seven thousand and five hundred dollars ($37,500.00), lawful money of the United States of America to the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that, whereas the principal has entered into an Improvement Agreement for Central Parkway -Lockhart Street to Fallon Road, and Fallon Road -Central Parkway to Bent Tree Drive with the Obligee that includes traffic signal Improvement at Central Parkway & Fallon Road in the City of Dublin. AND WHEREAS, Said Agreement provided that the Principal guarantee against defective materials and workmanship in connection with said Improvements fora period of one year following acceptance of said Improvements. NOW, THEREFORE, if the Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of said improvements by Obligee, then this obligation shall be void; otherwise it shall be in full force and effect. All suits at law or proceedings in equity to recover on this bond must be instituted within one year after the expiration of the maintenance period provided for herein. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, this 4th day of June , 2010. Sierr L velopment Corporation Develope s Surety and Indemnity Company ~ ~ f 1 BY' BY: ~ `~'-lGl,~~ C l~C Jam ng Wayne M. dick -Attorney-in-Fact BY: EXHIBIT , TO fihP RACnIr rtinn POWER OFATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19'725, IRVINE, CA 92623 (949} 263-3300 KNOW ALL MEN 8Y THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Wayne M. Redick, Jeanne A. Winter, Margaret D. Hotting, jointly or severally*** u their trite and lawful Attrnney(s)-in-Fact, to make, execute, deliver and acknowledge, for aad on behalf of said corporations, as sureties, bonds, undertakings and contracts of sureryshlp gluing and grantlng unto said Attorneys}in-Fact full power and authority to do and to perform every ad nxessary, requisite or proper to be done in connection therewith as each of said corporaioru could do, but reserving to each of said corporations full power of substitution and revocation, and ell of the ate of said Attorney(srin-Fact, pursuant to these presents, are hereby ratifrod and confirmed. This Power of Attorney is granted and is signed by facsirtulc ender and by authority of tlrc fulluwiug trsululiuns adopted by the respective BOa[d of DitbCtots of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNfTY COMPANY OF CALIFORNIA, etFective as of November 1, 2000; RESOLVED, that the Chairman oC the Board, the President and any Vice President oC the corporation be, and that each of than hereby is, authorized to execute Powers ofAttornry, qualifying the ettorney(s} named in the Powers ofAttorney to execute, on behalf of the ootporntiona, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power ofAttorney; RESOLVED. FURTHER. that the sit;rrabtres of such officers may be affixed to any such Power of Attorney or to any certificate relating therrto by facsimile, and arty such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in tfte future welt respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally causal these ptt;settts to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of Decanber, 2005. David H. Rhodes, Executive Vice-President ~~„~N~.~NO OMPAN Y 0~ sq`r~G~~PO~l'+~~" R-~ Vp4POgf~ct`~ C~ _ ~ + OCT. ~ sal z r ooT. 5 ~ ~ By: = d! 10 i n s W 1867 a ~o„>•: 1936 o P = Walter A. Crowell, Secretary ~s~, a,,~ STATE OF CALIFORNIA COUNTY OF ORANGE On December 1, 2005 before mt, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walta•A. Crtnveil, ptrsooally known to me (or proved to me on the basis of satisfactory evidence} to be the pason(s) whose name(s) islare subscribed to the within instrumrnt and aahwwledgod to me that helshcldtev executed the same in hisTher/their authorized capacitv(ies), and that by hitJlterhheir sigttattue(sl on the insttttmettt the Pcrsott(s1. or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. GINA L GARNER C0116iA. ~ 1569561 signature ~ (SEAL) ~ ~T~++? Pue~IC ~uFORNg ORANGE COUNTY twma 1 2000 CERTIFICATE The undasignod, as Assistant Sxratary, of DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby oortify that rho foregoing Power ofAaorney remains in full force and hos not boon revoked, and firrtlrcrmorc, that the provisions of the resolutions of the respective 9oards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 4th day of June 2010 By _ _ Albert Fiillebrand, Assistant Secretary - ID-1380 (Rev. 12105) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1-t'Qt'`~~ On Q. ~v201~ before me, S~ ~ ~iC Date ~ Here Insert Name d itle of the Offi r ' personally appeared h~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personaQ whose name~j is a~e~subscribed to the within instrument and acknowledged to me that he ~e~e~c executed the same in hi authorized capacityt~, and that by hi fei'r signaturef~ on the instrument the person(~1, or the entity upon behalf of which the person~f acted, executed the instrument. ~ ELIS I certify under PENALTY OF PERJURY under the laws ~O ~ 175235 of the State of California that the foregoing paragraph is Mo1ay ~ Ca~foMo ~ true and correct. /donn~do CourMy My Comrt>. ExpMe~ Jun 26, 2011 WITNESS hand and official seal. Signature ~.c ~-XJ6e Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~ ~ ~YQ,V`~~ Document Date: ~~,o" Oy `oZ~~(.~ Number of Pages: a Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ~~nQ I ~ I.~tlQ,tck er's Name: ? Individual ~ ? Indivi ? Corporate Officer -Title(s): ? Corporate er -Title(s): ? Partner - ? Limited ? General _ _ ? Partner - ? Limi ? General _ _ Attorney in Fact - ? Attorney in Fact ? Trustee To~,,pf thumb here Top of thumb here - ? Trustee ? Guardian or Conservator _ - ? Guardian or Conserv or ? Other: ? Other: Signer Is Representing: Signer Is presenting: Y_- ©2007 National Notary Association • 9350De Soto Ave., RO. Box 2402 • Chatsworth, CA 97313-2402 • www.NationalNofary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 f ACKNOWLEDGMENT State of California County of P,U~rtcr'~r~ ~ On ~~~r~~ a:~r~ before me, Ml~fi~ 7~~~~ JZ.~~ (insert name and title of the fficer) personally appeared ~vi~ -T;x~~-- who proved to me on the basis of satisfactory evidence to be the person.(sj~whose names/arm' subscribed to the within instrument and acknowledged to me that he/~/executed the same in his/ /tl~' authorized capacity(i~ and that by his/~eflf}eirrsignature($j'"on the instrument the person~or the entity upon behalf of which the perso~cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. AMC i Commlulon al? 177144 Nolory Public • Callfomia Signature Seal Alam~ao Coumv ( ) AAyGomm.6~NaOctS.T011