HomeMy WebLinkAbout4.03 KindercareLearnAVBCTTY CLERK FILE 600-30
SUBJECT:
AG EN DA STATEN ENT
CZTY COUNCTL MEETING DATE: December 19, 2000
Approval of Improvement Agreement with Kindercare Learning
Centers for Improvements to a Portion of Amador Valley Boulevard
and Required On-Site Improvements
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
2)
3)
Resolution approving the Improvement Agreement
Improvement Agreement with Kindercare Learning Centers
Map of site and improvements
.RECOMMENDATION:
Adopt the resolution appr0ving the Improvement Agreement for the
~improvement of a portion of Amador Valley Boulevard and required
site improvements
FINANCIAL STATEMENT:
Kindercare Leaming Centers is providing performance and labor
and materials bonds to guarantee construction of public right-of-way
improvements for Amador Valley Boulevard and required on-site
improvements, and will pay the cost of the associated construction
inspection. Once these improvements have been constructed and
accepted, the City will incur maintenance costs for City street
improvements.
DESCRIPTION: The portion of Amador Valley Boulevard being improved by
Kindercare Leaming Centers extends along the project frontage on the north side of the existing road.
The road will be widened 10 feet along the project frontage to improve traffic operations on the affected
segment of Amador Valley Boulevard. When the neighboring property to the east (the former Tru-Value
Hardware site) develops in the future, the widening of Amador Valley Boulevard will be extended to the
intersection at San Ramon Road. In addition to the widening, new storm drainage and sanitary sewer
utilities will be installed within the road to serve the project site.
An Improvement Agreement with Kindercare Learning Centers, Inc., a Delaware Corporation, is required
for this project which covers the public right-of-way improvements associated with the Amador Valley
Boulevard widening and required on-site improvements. The improvement plans for this project have
been reviewed and found to be in substantial conformance with the Conditions of Approval. All of the
' required fees, bonds, insurance certificates and the. signed Improvement Agreement have been submitted.
Staff recommends that the City Council adopt the Resolution approving the Improvement Agreement for
improvement of a portion of Amador Valley Boulevard and required on-site improvements.
COPIES TO: Joe Keough, Kindercare
ITEM NO.
G:\develop\kindercare\agst
RESOLUTION NO. - O0
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE IMPROVEMENT AGREEMENT
FOR IMPROVEMENT OF A PORTION OF AMADOR VALLEY BOULEVARD AND FOR
REQUIRED SITE IMPROVEMENTS (KINDERCARE LEARNING CENTERS, INC.)
WHEREAS, the public right-of-way for Amador Valley Boulevard, in the incorporated territory
of the City of Dublin, State of Califomia, to serve the proposed Kindercare Learning Center, has been
irrevocably dedicated to the public, all in accordance with the Conditions of Approval for a
Conditional Use Permit and Site Development Review (Planning Commission Resolution 00-27); and
WHEREAS, the developer, Kindercare Learning Centers Inc., a Delaware Corporation, has
executed and filed with the City of Dublin an Improvement Agreement to improve a portion of
Amador Valley Boulevard and provide requ!red site improvements in accordance with the fight-of-way
dedication documents, the improvement plans, and the specifications attached thereto; and
WHEREAS, said contract is secured by bonds in the total amount of $ 336,650.00, conditioned
upon faithful performance of said Agreement; and
WHEREAS, said contract is secured by bonds in the total amount of $168,325.00, conditioned
upon payment for labor performed or material furnished under the terms of said Agreement.
NOW, THEREFORE, BE IT RESOLVED that said Agreement and bonds be and they are
hereby approved, and the Mayor is hereby authorized by the City Council to execute the contract.
PASSED, APPROVED AND ADOPTED this 19th day of December, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
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CITY OF DUBLIN
IMPROVEMENT AGREEMENT
This agreement is made and entered into this __ day of ..... 2.0.00, by and
between the City of Dublin, a municipal corporation, hereinaffer referred to as "CITY", and
Kindercare Learning Center Inc., A Delaware Corporation, hereinafter referred to as
"DEVELOPER". '
WITNESSETH
WHEREAS, it has been determined by the City Council of the City of Dublin, State of
California, that DEVELOPER desires t'8 improve and dedicate a portion of Areadot Valley
Boulevard and to provide certain site improvements in accordance with the requirements and
conditions set forth within the City of Dublin Planning Commission Resolution No. 00-28
adopted on June 13, 2000; the requirements of the Subdivision Map Act of the State of
California and the Subdivision Ordinance of the City of .Dublin; and those certain plans and
specifications for said development approved by said City Council, and now on file in the office
of the Public Works DirectodCity Engineer, which are hereby referred to for a more definite
and distinct description of the work to be performed under this Agreement as though set forth
at length herein; and
WHEREAS, Developer intends to satisfactorily complete the required improvement
within the time heroinafter specified, and City intends to accept Devetoper's offer(s) of
dedication of said improvement(s) in consideration for Devetoper's satisfactory performance of
the terms and conditions of this Agreement:
NOW, THEREFORE, in consideration of the mutual promises, ~onditions and
covenants heroin contained, the parties agree as follows:
1. Completion Time. Developer will commence the work required by this Agreement
within thirty (30) days following the date on which City executes this Agreement. Developer
shall complete said work not later than three hundred sixty-five (365) days following said date
of execution. Time is of the essence in this Agreement. Upon completion, Developer shall
furnish City with a complete and reproducible set of final as-built plans, including any
authorized modifications.
2. Bonds Furni~shed. Concurrently with the execution of this Agreement, Developer
shall furnish City with a Faithful Performance Bond and a Labor and Materials Bond. Each
bond shall be in a form prescribed by City, and shall be issued by a company duly and legally
licensed to conduct a general surety business in the State of California. Each bond shall
become a part of this Agreement.
Page. 1
a. Faithful Performance BOnd. Developer shall furnish City with a bond
conditioned upon the faithful performance of this Agreement, said bond to be in the penal sum
of $ 336,650.00.
b.= Labor and Materials Bond. Developer shall furnish :City with a bond
conditioned upon payment of all claims for labor and materials used or consu~ned in the
performance of this Agreement. Said bond shall comply with the laws of the State of
California, and with Title 15, Part 4, Division 3 of the Civil Code of the State of California
(commencing with Section 3082). Said bond shall be in the penal sum of $168,325.00.
3. Insurance Required. Concurrenf. ly with the execution of this Agreement, Developer
shall furnish City with evidence of insurance coverage as specified below.
a. W.O. rker's CompenSation Insurance. Statutory coverage as required to
cover the fufl liability of Developer in accordance with the provisions of Division IV of the Labor
Code of. the State of California, and an employer's liability insurance coverage with a limit of
not less than $100,000 per occurrence to cover any claims arising from employment not
covered by worker's compensation laws.
b. Comprehensive General Liability InSUranCe.. Minimum limits of liability
shall not be less than $1,000,000 per occurrence combined single limit bodily injury and
property damage coverage; ,any deductible provision shall not exceed $1,000 per claim, and
each and every policy must contain a cross liability or severability of interests clause.
c. Comprehensive Automobile Liability Insurance. Minimum limits of liability
shall be not less than $t ,000,000 per occurrence combi'~ed single limit bodily injury and
property damage coverage; coverage shall include owned, non-owned, and hired vehicles,
and each and every policy must contain a cross liability of severability .of interests clause.
d. Other Requirements. All insurance policies shall be issued by a company
legally licensed to transact business in the State of California, shall be issued at Devetoper~s
own cost and expense, shall be maintained by Developer in full force and effect dudng the life
of this contract, and must have an "A,M. BEST" rating of B+, X or better. All certificates of
insurance shall name the City and its officers, agents and employees as additional insureds,
shall contain a provision that a written notice of cancellation or reduction in coverage shall be
fumished the City (10) ten days in advance of the effective date thereof, and shall state that
such coverage is primary to any other coverage of City.
.4, Work Performance and Guarantee. Developer shall secure the services of those
skilled in the trade, profession, or calling necessary to perform the work to be accomplished
under the terms of this contract, and shall guarantee and maintain the work for a period of one
(1) year following the completion and acceptance thereof against any defective workmanship
or defective materials furnished in the performance of this Agreement, and any acceptance 'of
the work by City wilt not operate as a release to Developer or Developer's bondsman from the
aforesaid guarantee.
Pa~e2
5. Inspection of the WOrk. Developer 'shall guarantee free access to City through
its Public Works Director/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
Developer and replaced to the satisfaction of City without any expense to Cit~) in strict
accordance with the improvement plans and specifications,
6. A.qreemertt AssiCinm.ent This Agreement shall not be assigned by Developer
without the written consent of City.
7. Abandonment of Work. If the work to be done under this Agreement is abandoned,
or if this Agreement is assigned .by Developer without written consent of City, or if City through
its City Engineer determines that the said work or any part thereof is being unnecessarily or
unreasonably delayed or that Developer is willfully .violating any of the conditions or covenants
of this Agreement or is executing this Agreement in bad faith, the City shall have the authority
to order Developer to discontinue all work or any part thereof under this Agreement, and
Developer shall cease to continue the work or such part thereof as City may designate, and
City shall thereupon have the power to obtain by Agreement, purchase, cental Or otherwise, all
labor, equipment, and materials deemed necessary to complete the work and to use such
materials as may be found upon the line of such work. Developer and his sureties shall be
liable for all expenses incurred by City for the acquisition and' use of such labor, equipment,
and materials.
8. Use of Str:~ets .o.r Improvements. At all times prior to the final acceptance of the
work by City, the use of any or all streets and improvements within the work to be performed
under this Agreement shall be at the sole and exclusive risk of Developer. The issuance of
any building or occupancy permit by City for dwellings tocated within the tract shall not be
construed in any manner to constitute a partial or final acceptance or ~.pproval of any or all
such improvements by City. Developer agrees that City's Building Official may withhold the
issuance of building or occupancy permits when the work or its progress may substantially
and/or detrimentally affect public health and safety.
9. Safety Devices. Developer shall provide and maintain such guards, watchmen,
fences, barriers. regulatory signs, waming lights, and other safety devices adjacent to and on
the tract site as may be necessary to prevent accidents to the public and damage to the
property, .Developer 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 tills Agreement, all fences, barriers, regularcry 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 Developer, and the entire site
left ctean and ordedy.
10: AcceDtance of Work. 'Upon notice of the completion of all improvement work and the
delivery of a set of final as-built plans to City by Developers, City, through its City Engineer or
his designated representative, shall examine the work without delay, and, if found to be.in
Pa~e 3
accordance with said plans and specifications and this Agreement, shall accept the work and
notify Developer or his designated agents of such acceptance.
1 I. Patent and Copyright Costs. In theevent that said plans and specifications require the
Use of any material, process or publication which is subject to a duly registered patent or
copyright, Developer shall be liable for, and shall indemnify City from any feel, costs or
litigation expenses, including attorneys' fees and court costs, which may resuit from the use of
said patented or copyrighted material, process or publication,
12, 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.
13, Liab_ility.
a. Developer Primarily Liable. Until acceptance of improvements by the City,
Developer shall be responsible for any and all loss, accident, neglect, injery or damage to
person, Life or property which may be the result ,of or may be caused by construction,
operations, or execution of this Agreement, and for which City might be held liable. Developer
shall protect and indemnify the City of Dublin, the City Council, the City Engineer and/or any
officer, agent or employee of the City, and save them harmless in every way from all suits or
actions at law for damage or injury to persons, life or property that may arise or be occasioned
in any way because of construction operations or execution of this Agreement.
b. Desi.cln Defect. tf, in the opinion of the City, a design defect in the work of
improvement becomes apparent. dudng the course of construction, or Within one (t) year
following acceptance by the City of the improvements, and said design defect, in the opinion of
the City, may substantially impair the public health 'and safety,' Developer shall, upon order by
the City, 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, .~jtiqati0n 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.
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
ATTEST:.
By
Mayor
City Clerk
· be notarlzed)
DEVE
Title
Page 5
State of Oregon
County of Multnomah
This instrument was acknowledged before me on the 1 st day of December 2000
by Joe Keough as Vice President of Real Estate of.KinderCare Learning Centers, Inc., a
Delaware Corporation.
OI::FICIAL SEAL
NOTARY PUBLiC-OREGON
60MMISSION N0, 329443
tary Public - State of Oregon
My commission expires:
Reference: 'City of Dublin Improvement Agreement
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