HomeMy WebLinkAbout4.2 StagecoachPrkAccptImpr
CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: December 21, 1987
SUBJECT:
Acceptance of Improvements
Stagecoach Park
EXHIBITS ATTACHED:
Agreement with Rafane11i & Nahas
RECOMMENDATION: 1)
#2)
Accept improvements subject to 120-day
maintenance period (which ends January 15,
1988).
Authorize payment to Rafane11i & Nahas in the
amount of $5,221.81.
FINANCIAL STATEMENT:
Amount Budgeted for Project (City's share):
Design/Inspection:
Construction:
$16,710
64,858
$81,568
Actual Cost (Inspection is estimated through the 120-day maintenance
period) :
Advertising (Environmental Document):
Design/Inspection by Gates & Associates (City contract)
Design by Gates & Associates through Rafane11i & Nahas
P1ancheck and Inspection
Construction (City portion, includes net reduction through
change orders
Construction subdrain (separate contract for adjacent
property)
Soil testing
Field staking for grading (Bissell and Karn)
$ 31. 50
8,000.00
1 , 409 . 77-----
6,500.00
63,555.00
800.00
1, 764. 24· .
1. 804.80
$ 83,865.31
Cost Expended by Rafane11i and Nahas:
Contract
Grading and Bond Cost
$ 80,618.00
7,382.00
$ 88,000.00
DESCRIPTION:
This project provided for construction of a 3/4 acre park at the
intersection of Stagecoach Road and Turquoise Street. On April 14, 1986,
the City Council approved the final design for the park and authorized Staff,
to have the landscape architect proceed with the construction plans. On
March 23, 1987, the City Council authorized Staff to develop and execute a
contract with Rafanelli and Nahas for construction of the park, ~vhich
agreement was executed on April 24th. Rafanelli and Nahas, the developer of
Amador Lakes, was required to dedicate the land and construct park
improvements in the amount of $88,000. The City agreed to contribute the
balance of the construction cost, or $64,858, as well as the cost of an
upgraded design and inspection.
Several change orders ~vere authorized during the course of
construction, resulting in a net reduction of $1,303.
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COPIES TO:
Rafanelli & Nahas
Gates & Associates
The City Engineer has reviewed the work and determined that it
is complete and in accordance with the approved plans, specifications, and
modifications. The l20-day maintenance period began on September 15, 1987.
Staff recommends that the City Council accept the improvements, subject to
completion of the 120-day maintenance period, and authorize the remaining
payment to Rafane11i & Nahas in the amount of $5,228.81.
Rafane11i and Nahas is paying the contractor for maintenance on
a monthly basis, and as of December 9, 1987, $573 is remaining on the
maintenance period, as well as a 5% retention of $2,245. The total project
(City's share) is estimated at $2,297.31 over budget; however, this Fiscal
Year's estimated costs are $67,599.39, which is below the budgeted $70,568,
and no budget transfer is needed.
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CITY OF DUBLIN PARK IMPROVEMENT AGREE¥ÆNT
THIS AGREEMENT entered into on ~. pr:'.)-'-/ I q 8'1
by and between the CITY OF DUBLIN, a municipal corporation,
hereinafter referred to as City, and AMADOR LAKES ASSOCIATES, a
California limited partnership, hereinafter referred to as
Developer.
In consideration of the granting of certain entitlement of
use described as follows: Final Maps for Tract #5180, approved by
Council Resolution #62-84 dnd Site Development Review, for the
development known as "Amador Lakes" and the ultimate acceptance by
the City of the property described in Exhibit A herein, it is
mutually agreed as follows:
1. Construction of Parkland Improvements. In conformance
with Condition of Approval #36 for"Tract 5180 and Condition of
Approval #14 of Site Development Review for Amador Lakes
Development, Developer agrees to construct park improvements in
the property described in Exhibit A, known as Stagecoach Park.
Said improvements shall include those improvements set forth on
the plans and specifications prepared by the City, and approved by
the City Council on March 23, 1987, and all other work determined
by the City Engineer to be reasonable and necessary to the
construction of such improvements.
2. Time of Completion. All of said park improvements
shall be completed within four (4) months from the date of
execution of this Agreement, unless said time is extended by the'
City Engineer. In the event that Developer fails to complete the
public improvements within the said four (4) month period and said
April 23, 1987
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period is not extended by the City Engineer, the City may complete
said work, or any portion thereof, and shall be entitled to
recover the full cost and expenses thereof from Developer or his
surety as hereinafter provided. The City may require Developer or
his surety to pay the City, in advance, sufficient money to
recover the City's cost in completing construction of said public
improvements. If the construction of t11e improvements should be
delayed without fault of Developer, the time for the completion
thereof may be extended by City for such period of time as City
may deem reasonable. Any extension of time hereunder shall not
operate to release the surety on the bonds filed pursuant to this
Agreement. In this connection the surety waives the provision of
section 2819 of the Civil Code of thè State of California.
All increased costs due to change orders resulting from
errors or omissions in the plans and specifications shall. be borne
by City. Any change orders under $5000 shall be approved by the
City Manager. It is understood that any change orders in excess
of $5000 will require approval of the City Council.
3. Improvements to be Propertv of Citv. The improvements
constructed or installed pursuant to this Agreement shall become
the sole and exclusive property of the City of Dublin, without
payment therefor except as hereinafter specifically provided, upon
acceptance of said improvements by the City. Said improvements
shall not be deemed completed until accepted by the City Council
of the City of Dublin and shall be free and clear of all liens and
encumbrances of any kind or character whatsoever.
April 23, 1987
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4. Guarantee of Public Improvements. The Developer
agrees to remedy any defects in the improvement arising from
faulty or defective construction of said improvements occurring
within 90 days after acceptance thereof. Developer does not
guarantee any defects due to errors in the design of the
improvements.
5. Dedication of Land. Developer has dedicated by grant
deed to the City the property described in Exhibit A attached
hereto and incorporated herein by reference. City has accepted
such deed.
6. Payment of Park Improvements. Developer shall retain
the services of a contractor for the purpose of constructing such
park improvements, which shall be constructed in accordance with
the schedule attached hereto as Exhibit B. Developer shall pay
said contractor in full for such services. Upon completion of
Items 1, 2, 3, 4, 5, 9, 10, 11, 12, 13 and 14 as identified in
Exhibit B and receipt of an invoice from Developer, City shall
reimburse Developer in the amount of Sixty Four Thousand Eight
Hundred Fifty Eight Dollars ($64,858).
7. Hold Harmless Clause. Developer hereby agrees to, and
shall, hold the City, its officials, officers, directors,
employees and agents harmless from and against any or all loss,
liability, expense, claim, costs, suits, and damages of every
kind, nature and description (except loss, liability, expense,
claim, costs, suits and damages arising from the design of tl1e
improvements) directly or indirectly arising from the performance
of the work from Developer, Developer's contractors or
subcontractors.
April 23, 1987
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City hereby agrees to, and shall, hold Developer harmless
from and against any or all loss, liability, expense, claim,
costs, suits, and damages arising from City's design or inspection
of the improvements.
8. Entry Upon City Property. City hereby grants
Developer authority to enter upon the City property described in
Exhibit A for the purpose of performing the work described herein.
9. Condition of Existing Public Improvements. Developer
shall incur no liability for those items of damage done to public
property or improvements shown on Exhibit C, attached hereto.
~
10. Performance Bond. Concurrently with the execution
hereof, Developer shall obtain and file with City a good and
sufficient surety bond in favor of City, issued by a surety
company authorized to do business in the State of California, and
in a form approved by the City, securing the faithful performance
of Developer of the construction of public improvements required,
in the penal sum of One Hundred Forty-Five Thousand Four Hundred
Seventy six ($145,476) or in lieu thereof deposit a like sum in
cash with City or deposit said sum in escrow with a lending or
banking institution authorized to do business in the State of
California. Wnen payment is made in escrow, the instructions
covering said escrow shall be in a form approved by City.
-------. '
execution hereof,
11.
Labor and Materials Bond.
Concurrently with the
Developer shall also obtain and file with City a
good and sufficient surety bond issued by a surety company
authorized to do business in the State of California and in a form
approved by City, securing payment to the contractor, his
subcontractors and the persons renting equipment or furnishing
April 23, 1987
-4-
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labor or materials to them for the improvement in the penal sum of
One Hundred Forty-Five Thousand Four Hundred Seventy Six
($145,476), or in lieu thereof Developer may deposit a like sum in
cash with City or deposit said sum in escrow with a title
insurance company or with a lending or banking institution
authorized to do business in the State of California, or submit
any other form of security approved as to form by the City
Attorney and acceptable to the City. When payment is made in
escrow, the instruction covering said escrow shall be in a form
approved by City.
.~
~ d . . . th f th D 1 d h· .
out an malntaln ln e name 0 e eve oper an t e Clty durlng
12.
Public Liability Insurance.
The Developer shall take
the life of the agreement, such Pubiic Liability insurance as
shall protect himself, the City, its officials, officers,
directors, employees and agents from claims which may arise from
operations under the agreement, whether such operations be by
himself or itself, any subcontractors, or by anyone directly or
indirectly employed by either of them. This liability insurance
shall include, but shall not be limited to, protection against
claims arising from bodily and personal injury and damage to
property, resulting from the Developer's or subcontractor's
operations, use of owned or nonowned automobiles, products, and
completeã operations. The amounts of insurance shall not be less
than the following:
Single limit coverage applying to bodily and personal
injury liability and property damage: $1,000,000.00
April 23, 1987
-5-
The following endorsements must be attached to the policy:
1. If the insurance policy covers on an "accident"
basis, it must be changed to "occurrence".
2. The policy must cover personal injury as well as
bodily injury.
3. The policy must cover complete contractual
liability. Exclusions of contractual liability as to
damage must be eliminated for the basic policy
endorsements.
4. Broad form property damage liability must be
afforded. Permission is granted for deductible which
shall not exceed $500 without special approval of the
City.
5. The City must be named as a naffied insured under the
coverage afforded with respect to the work being
performed under the contract.
6. An endorsement shall be provided which states that
the coverage is primary insurance and that no other
insurance effected by the City will be called upon to
contribute to a loss under this coverage.
7. Standard form of cross-liability.
8. Unconditional Notice of Cancellation. Should the
policy or policies be cancelled before the expiration
date thereof, the issuing company will mail 45 days
written notice to the City.
April 231 1987
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year hereinabove written.
AMADOR
By:
LAKES ASSOCIATES
(~L(C
Ron Nahas
CITY OF DUBLIN, a municipal
corporation
By: ~~ C.~~-=---
City Manager I '
Attest: if!.¡¡;j'<-~ ddJ IJJJW~
City rk I / /
roved as/to form: )
Ú¿~ltLt ~¡ltib-¿
Ci 'y Attorney
April 23, 1987
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BtJ-083952
CITY &
&TATI: L
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. RECORDED IN OFFICIAL RECORDS
OF ALAMEDA COurIW, CALIF.
RENE C. DAVIDSON, County Recorder
APR -9 1986 _I
AM . PM
718i91101lll~111213141516
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01
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
I
r:,îY c ç: DU¡3UN
fl. C. í3ax 2.:~4G
Duc jl1, CA 94568
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HAI<l:
ADO"US
Title Order No.
EscrowNcJ°3582-152 þ~
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEJr04!:HTS TO ..
J
Documentary transfer tax ;. . . . . . . . . . . . . . . . . . . . . . . . . .
o Computed on full value of property conveyed, or
o Computed on full value less Hens and encumbrances
remaining thereon at time of sale.
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NAM!:
ACDIII:U
CITY &
STATI: L
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.. .. .. . .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
SÍlrnature 01 decJaraRt or aKe-nt detltnnininc l&x- firm na.me
Q[orporatíon @rant iBeeb
WESTERN TITLE FORM NO. 102
FOR VALUE RECEIVED, LARRY C. Y. LEE, STANDARD NOMINEES, L~D.,. a
Hong Kong corporation, and CAM~ION INVESTMENT, LTD., a L~ber~an
co~poration . . 1 t·
GRANTS ~ THE CITY OF DUBLIN, a mun~c~pa corpora ~on
'all that real property situate in the
City of Dublin,
County of
Alameda
, State of California, described as follows:
..
Lot 152, Tract 4719, filed January. 17, 1984, Map,Book 142,
pages 41 thru 46, Alamed~ County Records.
Excepting therefrom all oil, gas, minerals and other·
hydrocarbon substances in and under or that may be
produced from a depth below 500 feet from the surface
of said land, without right of entry upon the surface
of said land for the purpose of mining, àrilling, ex-
ploring or extracting such oil, gas, minerals and other
hydrocarbon substances or other use of or rights in or
to any portion of the surface of ~~i~ ,~"~ ~- - ~__LL
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STATE OF CALIFORNIA )
) ss
COUNTY OF ALAMEDA .).
85-083952
on this 25th day of June , 19~, before me, the undersigned,
a Notary Public in and for said State, personally appeared
Larry C.Y. Lee personally known to me or proved to me
on the basis of satisfactory evidence to be the person who executed the
within instrument as Attorney in Fact of . STANDARD NOMINEES, LTD.,
a Hong Kong Corporation, that executed the within instrument
and acknowledged to me that he subscribed the name of STANDARD
NOMINEES, LTD. thereto as principal and his
own name as the Authorized Agent and Attorney in Fact , and acknowledged
to me that such corporation executed the same, pursuant to its by-laws
or a resolution of its Board of Directors.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official
Seal, the day and year in this certificate first above written.
OFFICIAL SEAL
MARY MEINTS
. NOTARY PUBLIC - CAUFORNIA
AlAMEDA COUNTY
My comm, expires AP,R 22. 1988
1J In - td)
Notary a:JbliC ~and for
and State.
said County
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,-
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STATE OF CALIFORNIA )
) S3
COUNTY OF· ALAMEDA .)
86-083952
On this 25th day of June. , 1984 , before me, the undersigned,
a Notary Public in and for said State, perSõñally appeared
Larry C.Y. Lee personally known to me or proved to me
on the basis of satisfactory evidence to be the person who executed the
within instrument as Attorney in Fact of CAMPIO~ INVESTMENT, LTD.,
a Liberian Corporation, that executed the within instrumen
and acknowledged to me that ~ subscribed the name of CAMPION
INVESTMENT, LTD. . thereto as principal and his
own name as the Authorized Agent and Attorney in Fact , and acknowledged
to me that such corporation executed the same, pursuant to its by-laws
or a resolution of its Board of Directors.
IN WITNESS vlliEREOF, I have hereunto set my hand and affixed my Official
Seal, the day and year in this certificate first above written.
~~
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OFFICIAL SEAL
MARY MEINTS
NOTARY PUBLIC· CJU.lFO·P,'fi1.A:
AlAMEVA aJUIfTY .
My œmm. expirn },PH 22. 1988
'11lCV,// ~zj,)
Notary ~u~c in and for said County
arid S~ate. .
.0 _. f"
) STATE 0, CAumRNIA
County of
Alameda
~~ .
On June 25,
in and for said State, pers.JnaUy appeared
,1-84 ,before me, the undersigned, a Notary Public
T.::1rry (' V Tpo
\
, personally known to n;e or proved to me
on the basis of s:¡tisÌ;¡ct,HY evidence to be the pt:rSon_ whose name _ 1 S
subscrib<:d to the w;thin instrument, and acknowled£ed to me that_ he_ ."."-Ited iL
zzt '--1 ')
, () .J,. .n.ið
'ð- ~R Y P~BLIC
ACKNOWLEDGMENT -INOIV1DU...1-
WTI FORM NO. 1li0 _ 1/a3
OFFICIAL SEAL
MARY ,\\W·..rrS
NOTARY PUBLIC· CALIFORNIA
AL\MW.~ ~UN1Y
My camm. ex~ires APR 22, 1933
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85-083952
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real
.
property conveyed by the deed' or grant dated
Ji~Né J.* /9(31 from Ú1¡¿!?,Ý t. '/. Œ£, 07AIJDA¡¿b
NOMINEé:.S L:r.D. Jt t:AHP¡O¡.) UJVé5TlléJIí, LTfJ,
/ /
to the City of Dublin, a municipal corpora-
tion, is hereby accepted by the undersigned
City Clerk on behalf of the City Council.
The grantee consents to recordation thereof
by its duly authorized officer.
DATED: ré66£aAi<v :2/3, /98(,
/-
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C & C LANDSCAPE
P.O. Box 1438 .
Tracy, California 95376
(209) 835-4809
STAGECOACH PARK CONSTRUCTION SCHEDULE
~ of:. 4/11 4/18 4/25 5/2 5/9 5/16 5/23 5/?JJ 6/6 6/13 6/20
1. ~ / SITE PREP.
$5.389.00
2. an:RETE PAY ING & WNJ<WA YS
$14,445,00
3. mr:RETE STROC11JR.AL ElB£'ITS
$17,876.00
4. lliCTRICAL carun
$3,056.00
5. œAItwX:
.
$2.759.00
6. SND
$5.216.00
7. PLAY ftWAAA1US
$23 , 4ffi .00
8. SITE AMENITIES
$9.813.00
9. FThC It'-KJ
$9.629.00
10.SOIL PREPAAATIa~
$9 ,ì51. 00
11. I~IG;TICN
$15,155.00
12. PlANTI r-.G
$19,œ5.00
13. ALT. #1 ENTRY '~LL
$4,424.00
14. ALT. #2 ffiINKING FCtJNfAIN
$5,405.00
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80% 20%
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*2 I
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I 80% ~O%
75% 17% *...
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50% 40% 1 0 ~~ I
~.~.~. ,-# L-·#~-;'
$ 3"'Q~'1 00
J.I...
TOT~ BILLlt'KJ (açprox.)
*1
*2'
*3
$ 43364.00 $ 55276.00
30% de¡:xJsit co equipæf1t $5,1£05.00
de¡:osit require<J $2,150.00
re, to œ bi lIed at cmpletioo of rraintenaoce p?ricd $ 1,528.00
,"'" . ..-
Rafanelli and Nahas
REÇEJ~I; ¿
'APR 8lx.
Real Estate Development
CITY 0;: r:!.!rn~~T
April 7, 1987
l'A.r. Rich Ambrose
City of Dublin
P. o. Box 2340
Dublin, CA 94568
Dear Rich:
Er:closed is tÌ'£ COl"'.struction schedule provided to us fromCò:C
Lar.èsc-.ape. Per our conversation, it is my st:.çgestion that t.':.e City's
contribution be ~2de follcwir~ completion of It~~ 1, 2, 3, 4, 5, 9,
10, 11, 12, 13 ar.d 14 (with t.":e e."{ception of tÌ'£ final 10%). By
calculations, after deãuctir.g retention, we will Ì".ave e.'{f)er.ë.eã slightly
over $112,000 at tr.at point.
Cordially,
~~~~
RoI"'.ald C. Nahas
Rei/ds
Œclosure
c-· Roy Gillette
Libby Silver, Þ.ssista."1t to t.":e City Atto:-:'.ey
20211 PATIO DRIVE. SUITE 215, CASTRO VALLEY, CA 94546 (415) 537-0466