HomeMy WebLinkAboutItem 4.12 Traffic Control Accept Improvements
CITY CLERK
File # D[E[Q][Q]-~[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 6, 2006
SUBJECT:
Acceptance of Improvement~ lilr Kohnen Way in Dublin Ranch,
Area F and Approving Regulatory Traffic Control Devices.
Report Prepared bv Melissa Morton, Puhlic Works Direct~~
I) Resolution Accepting Improvements and Approvmg
Regulatory Tramc Control Devices
2) Location Map
3) Improvement Agreement dated August 3, 2004
ATTACHMENTS:
RECOMMENDATION:
'A
1"'<
\ Adopt the resolution for Acceptance of Improvements for Kohnen
Way in Dublin Ranch, Area F and Approving Regulatory Traffic
Control Devices
FINANCIAL STATEMENT:
Dublin Ranch Schools, LLC has provided a Maintenance Bond in
the amount of $150,250 00 to guarantee against any delect~ in the
improvement~ for a one-year period following acceptance. The City
will incur maintenance costs for these roadway improvements.
DESCRIPTION: As part of the construction of the new middle school in Duhlin
Ranch Area F, Dublin Ranch Schools, LLC (a legal entity of the Lin Family) has constructed Kohnen
Way, the fronting street to the new school. These improvements were constructed in confbnnance with an
Improvement Agreement entered into with the Duhlin Ranch School~, LLC on Angn~t 3, 2004
(Attachment 3). The Agreement also included relocation of a section of City storm drain line on the
school site.
Dublin Ranch Schools, LLC provided a Performance Bond and a Labor and Material~ Bond, each in the
amount of $601,000 00, to guarantee perfonnance of the work. Now that the work is complete, these
honds may he released in accordance with the authority contained in 966499 7 of the Govermnent Code,
and replaced with a Maintenance Bond in an amount necessary to guarantee the work for a one-year
period following acceptance. Dublin Ranch Schools, LLC has provided a Maintenance Bond in the
amount of $150,25000 (Developers Surety and Indemnity Company, Bond No.
86<J063S-M), which is ~LLfficient to guarantee the improvements for a one-year period after acceptance.
The required right-of-way was offered for dedication with the Final Map for Tract 7282.
COPY TO: Martin Inderbitzen, Attorney lor the Un Family
Page I of2
JTEMNO.~
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The following regulatory traffic control devices will be accepted and approved as part of the Kohnen Way
improvements and added to the City ofDLLblm Traffic Code'
a) Stop control devices at all four approaches of the intersection of Grafton Street and
Kohnen Way/Madden Way
b) Stop control devices at both approaches of Kohnen Way at the school driveway
entrance and at the school dnveway exit.
c) No stoppmg restllction devices on Kohnen Way eastbound just east of Shelton Street
and westhoundjust east of the school exit drivcway
d) No stopping restriction during 7.30-8.30 AM and 2.30-3.30 PM devices on Kohnen
Way eastbound from the school exit driveway to Shelton Street.
Staff recommends that the City Council adopt the resolution for Acceptance of lmprovements for Kohnen
Way in Dublin Ranch, Area F and Approving Regulatory Traffic Control Devices constructed by Dublin
Ranch Schools, LLC
Page 2 uf2
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RESOLUTION NO. - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
.********
ACCEPTANCE OF IMPROVEMENTS FOR
KOHNEN WAY IN DUBLIN RANCH AREA F
AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES
WHEREAS, DLLblm Ranch Schools, LLC, a California limited liability company entcred into an
Improvement Agreement with the City of Duhhn on August 3, 2004, to construct City of Dublin stonn
drain improvement~ and roadway improvements for Kohnen Way, in accordance with the approved plans;
and
WHEREAS, improvements associated with City of Dublin storm drams and Kohnen Way, are
complete in accordance with said plans, and any approved moditlcations thereto, to thc satisfaction of the
Director of Public Works; and
WHEREAS, certain regulatory traffic control devices have been installed as part of the Kohnen
Way improvements; and
WHEREAS, the nght-uf-way has been dedicated to the City of Duhlin for the storm drains and
Kohncn Way; and
WHEREAS, the Perfonnance Bond and the Labor and Materials Bond can be released, in
accordance with the authonty contained in S66499 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
acceptancc; and
WHEREAS, Dublin Ranch Schools, LLC has provided a Maintenance Bond to guarantee the
completed work for a one-year period;
NOW, THEREFORE, BE IT RESOLVED that:
I The Improvements completed with said project are hereby approved and accepted subject
to a one-year guarantee period; and
2. The regulatory traffic control devices installed as part of the Kohnen Way improvements
are hereby mcluded m the City of Dublm Traffic Code, said regLLlatoI) devices to include
the tollowing:
a) Stop control devices at all/our approaches of the intersection of Grafton Street and
Kohnen Way/Madden Way
b) Stop control devices at both approaches of Kohnen Way at the school driveway
entrance and at the school driveway exit.
c) No stopping rcstriction devices on Kohnen Way eastbound just east of Shelton Street
and westbound just east of the school exit driveway 1, (;J bf &(06
I ATTACHMENT J.
,,,,'pIf3
d) No stopping restriction dLLring 7.30-8.30 AM and 2.30-3.30 PM devices on Kohnen
Way eastbound from the school exit driveway to Shelton Street.
3 The original Perfonnance Bond issucd by Developers Surety and Indemmty Company
(Bond No. 86<J063S) in the amount of$601,000.00 be released; and
4 The original Labor and Materials Bond issued by Develupers SLLrety and Indemnity
Company (Bond No 869063S) in the amoLLnt 01'$601,000.00 bc released; and
5 The submitted Maintenance Bond issued by Developers SLLrety and Indemnity Company
(Bond Nu. 869063S-M) in the amount of $150,250.00 be accepted as security for the
aforesaid one-year maintenance period, said period to commence on thlS date and tenninate
on the 6th day of June, 2007
PASSED, APPROVED AND ADOPTED this 6th day of June, 2006
YES.
NOES
ABSENT
ABSTAIN
Mayor
ATTEST
City Clerk
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LOCATION MAP
ATTACHMENT 2.
Lfo{ /3
UMPROVEMENTAGREEMENT
KOHNEN WAY
Dublin Ranch, Area F
1bis agreement is made and entered into this ~ day of ~ ~~y and between the CITY
of Dublin, a municipal corporatIon, hercinafter referred to as "CITY' , and Dublin Ranch Schools, LLC a
Cahfornia limited liabihty company ("DR Schools"), hereinafter referred to as "OWNER"
RECIT ALS
WHEREAS, OWNER owns or controls certain land wlthm the City of Dublin, known as Dublin
Ranch. OWNER has agreed to construct a school within Duhlin Ranch for the Dublin Unified School
Distnct. The school and property will be deeded to the School District when completed. The
improvements to be constructed by OWNER will include the school site's fronting City street called
Kohnen Way
WHEREAS. it has been detennined by the CITY Council of the CITY of Dublin, State of
California, that OWNER desires to construct and dedicate the fullowing improvements (hercailer
collectively "The Improvements"):
The full length of Kohnen Way street improvements, a distance of approximately 1,400 feet,
including curbs, full lift of asphalt concrete pavement, underground utilities, streetlights and
traffic SIgning & pavement markings. Sidewalks and landscaping are included along the
northern frontage. The landscaping and the sidewalk between the school entrances will be
constructed with the school improvernents. The Improvements do not include sidewalk and
landscaping along the southern frontage, and landscaping of the median entrance island. The
Improvements also include relocating approximately 400 linear feet ofthe City's 48" -stonn
drain line on the school site. The Impruvements shall be constructed in accordance With the
plans, Dublin Ranch, Kohnen Way and Rough Gradingfor School Site, prepared by MacKay &
Somps and signed by the City Public Works Director on July 20,2004 and consisting of 10 sheets.
These plans are hereby referred to for a more definite description of the work to be perfonned
under this Agreement as set forth at length herein;
WHEREAS, CITY has detennined that The Improvements are a public works subjcct to California
prevaihng wage requirements;
WHEREAS, OWNER intends to satisfactorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept OWNER's offer(s) of dedication ofrigbt-of-way and
The Improvements in consideration for OWNER's satisfactory perfonnance of the terms and conditions of
this Agreement;
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein
contaIned, the parties agree as follows:
IMPROVEMENT AGREEMENT
l<.ohnm Way, Dublin Ranch Area F
ATTACIDIENT 3.
:,- (1 tr3
Section 1
ComDletion Time.
OWNER will commence construction of The Improvements within ninety (90) days following the
date on which CITY executes this Agreement. OWNER shall complete such Improvements no later than
two years following execution of this agreement. Time is of the essence in this Agreement.
Section 2.
Estimated Cost of ImDrovements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to
be $650,000. Said amounts include costs and reasonable expenses and fees which may be incurred in
enforcing the obligation secured.
Section 3.
Bonds Furnished.
Prior to commencing construction of the improvements, OWNER shall furnish CITY With the
following security in a fonn satisfactury to the CITY Attorney'
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 Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily
completed.
b. Labor and Materials. 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 Paragraph 2 and sufficient to assure CITY that OWNER'S contractors,
subcontractors, and other persons furnishing labor, materials, or equipment shall be paid
therefor.
CITY shllll be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall confonn to the provisions of Chapter 5 of the Subdivision Map
Act.
Section 4.
Insurance Reauired.
Prior to commencing construction of the improvements, OWNER shall obtain or cause to be
obtained and filed with the CITY, all insurance required under this paragraph, and such insurance shall
have been approved by the Administrative Services Director of CITY, or his designee, as to fonn, amount
and carrier. Prior to the commencement of work under this Agreement, OWNER's general 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 contrdctor 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.
IMPROVEMENT A.GREEMENT
'Kohnen Way, Dublin Ranch Arc:a F
Pagd 019
0oU3
a. Minimum Scone of Insurance. Coverage shall be at least as broad as:
(i) Insurance Services Office form number GL 0002 (Ed. 1173) covering
comprehensive General Liability and Insurance Services Office fonn
number OL 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
("occurrence" form CO 0001.)
(ii) Insurance Services Office fonn number CA 0001 (Ed. 1178) covering
Automobile Liability, code I "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 Liabilitv' $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.
(ii) Automobile Liabilitv: $1,000,000 combined single limit per accident for
bodily injury and property damage.
(iii) Workers' Comoensation and Emoloyers Liability. Workers' compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of$I,OOO,OOO 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 shall reduce or eliminate such deductibles or self-insured
retentions as respccts the CITY, its officers, officials and employees; or the
OWNER shall procure a bond guaranteeing payment oflosses 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 Liabilitv and Automobile Liabilitv 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
IMPROVEMENT AOREEMENT
Kohn~n Way, Dublin Ranch Area ..
Pag.3ofO
7of/3
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 volunteers 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 sballapply separately to each insured
against whom claim is made or suit is brought, except with respect
to the hmits of the insurer's liability.
lii) Workers' Comoensation and Emolovers Liabilitv CoveraJle. 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.
(iii) All Covera,m.
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) Acc~tabilitv 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 5.
Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine
IMPROVEMENT AOREEMENT
Kohnen Way, Dublin Raneh Area F
Page 4 of9
'Zo..{-(3
maintenance, ordinary wear and tear and unusual abuse or neglect, OWNER guarantees 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 Agreement, to be free of all defects of workmanship and materials for a period of one (I) year after
acceptance of the entire work by CITY. OWNER shall repair or replace any or all such work or material,
together with all or any other work or materials which may be displaced or damaged in so doing, that may
prove defective in workmanship or material within said one-year guarantee period without expense or
charge of any nature whatsoever to CITY. OWNER further covenants and agrees that when defects in
design, workmanship and materials actually appear during the one-year guarantee period, and have been
corrected, the guarantee period shall automatically be extended for the corrected items for an additional
year to insure that such defects have actually been corrected.
In the event the OWNER shall fail to comply with the conditions of the foregoing guarantee
within thirty (30) days time or such longer time period as agreed to in writing by the City Engineer, after
being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or
obtain the repair of the defect, and OWNER shall pay to CITY on demand all costs and expense of such
repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or
material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard
to the public health, safety, or welfare, CITY shall have the right to immediately repair. or cause to be
repaired, such defect, and OWNER shall pay to CITY on demand all costs and expense of such repair.
Thc foregoing statement relating to hazards to health and safety shall be deemed to include either
temporary or pcrmancnt repairs which may be required as determined in the sole discretion and judgment
of CITY
If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or
performs the necessary work, OWNER shall pay, in addition to actual costs and expenses of such repair
or work, twenty-five percent (25%) of such costs and expenses for overhead and interest at the maximum
rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or
repairs.
Section 6,
Inspection ofthe 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.
Section 7.
~ement Assignment.
OWNER shall not assign this Agreement without the written consent of CITY, which consent
shall not be unreasonably withheld.
Seetion.a.
Abandonment of Work.
Neither OWNER nor any of OWNER's agents or contractors are or shall be considef\:d to be
agents of CITY in connection with the performance of OWNER's obligations under this Agreement.
IMPROVEMENT AGREEMENT
Kohnen Way, Dublin Ranch Area. F
Page S of9
q c-f/3
If OWNER refuses or fails to obtain prosecution of the work, or any severable part thereof, with
such diligence as will insure its completion within the time specified, or any extension thereof, or fails to
obtain completion ofsaid work within such time, 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 ofbrcach of this Agreement, OWNER's surety shall have the duty
to take over and complete The Improvements herein specified; 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 perfonnance of the contract, and does not commence perfonnanee
thereof within thirty (30) days after notice to CITY of such election, CiTY may take over the work and
prosecute the same to completion, 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 completing the work, such materials,
appliances, plant and other property belonging to OWNER as may be on the site of the work and
necessary therefor.
Section 9.
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:
Melissa Morton
Public Works Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to OWNER shall be addressed as follows:
Martin Inderbitzen
Attorney at Law
7077 Koll Center Plaza, #120
Pleasanton. California 94566
and
Dublin Ranch Schools, LLC
7077 Koll Center Pkwy, Ste. 120
Pleasanton, California 94566
Notices required to be given surety of OWNER shall be addressed as follows:
Martin Inderbitzen
Attorney at Law
IMPROVEMENT AOREEMENT
KQhoml Way, Dublin R..t'I(;h ,A1't;!I8 F
fage 6 ef9
/0 or 13>
7077 Koll Center Plaza, #120
Pleasanton, California 94566
Any party or the surety may change such address by notice in writing to the other party and
thereafter nutices shall be addressed and transmitted to the new address.
Concurrently with the execution of this Agreement, OWNER has executed and has caused to be
acknowledged an abstract of this Agreement. OWNER agrees CITY may record said abstract in the
Official Records of Alameda County.
Section 10. 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 11
Acceotance of Work and Rilzht of Way.
Upon notice of the complction of The Improvements and the delivery ofa set of final as-built
mylar plans with electronic file to CITY by OWNER, CITY, through its City Engineer or his designated
representative, shall examine the work without delay, and, if found to be in accordance with said plans
and speCifications and this Agreement, shall recommend acceptance of the work to the City Council and,
upon such acceptance, shall notify OWNER or his designated agents of such acceptance.
Concurrently with the notice of completion, OWNER shall dedicate to CITY any right of way
and mamtenance easements deemed necessary by the City Engineer for the maintenance of The
Improvements, and, at acceptance of the Work, CITY shaU also accept the right-of-way and
mamtenance easement dedication. The right of way dedication shaU be in substantially the form
attached hereto as Exhibit A.
Section 12. Patent and CooyrilZht 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
indcmnify 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 13
Alterations in Plans and Soecifications.
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 ofthc State of California.
IMPROVEMENT AGREEMENT
Kohnen Way, Dublin Rsnch Area F
rago 7 Qf9
/I 0 n2-
Section 14. Liabilitv
a. OWNER Primarilv Liab~. OWNER hereby warrants that the design and
construction of The Improvements will be perfonned 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
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
conncction 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 hannless agreement by OWNER shall apply to all
damages and claims for damages of every kind sutTered, 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 detennined to be
applicable to any of such damages or claims for damages.
b. Deshm Defect. If, in the opinion of the CITY, 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 the opinion of the CITY, may substantially impair the public health and
safety, OWNER 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 liablc to the CITY for the corrective work required.
c. Litil!ation 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 15. Ri~t of Entry.
CITY grants to OWNER a right of entry tu enter upon the right of way within Grafton Street with
such personnel, equipment, machinery, vehicles and materials as may be necessary for the sole purpose of
construction of The Improvements pursuant to this Agreement. This right of entry shall be effective upon
the date of this agreement and shall terminate,Pffupon acceptance of The Improvements by the City.
There shall be no payment for the right of entry OWNER's obligation to indemnify, defend and hold
CITY harmless, as describcd in Section 15, shall be applicable to any acts or omissions of OWNER, its
contractors, subcontractors and agents, in connection with this right of entry.
IMPROVEMENT AGREEMENT
Kohnen W~YI Dublin Ranch Area F
Page 80f9
/ J. (J1I3
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 hannless 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.
~tion 18. Recitals.
The foregoing Recitals are troe and correct and are made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at
Dublin, California, the day and year first above written.
By:
J
Date
o
Date: C~ ?--o?
nch Schools, LLC
By' ',m s Tong, it's authorized manager
-
Martin W. Inderbitzen, Atto y ublin Ranch Schools,
LLC
~: Kay Kei*' ity Clerk I
Date: 1'__ _QY
.
Approved as to Fonn:
-J)~ 7" tl
Elizabeth H. Silver, City Attorney
EXHIBIT A
RIGHT OF WAY
IMPROVEMBNT AGREEMENT
Kohnen Way, Dublin Ram:h Area F
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