HomeMy WebLinkAboutItem 4.06 Fallon Road Stream Corridor Landscape
CITY CLERK
File # D~[(J]-~[Q
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 19,2006
SUBJECT:
Acceptance of Fallon Road Stream Corridor Landscape
Improvements Associated with Tract 7135, Dublin Ranch
Area A (Toll CA II, L. P.)
Report Prepared by: Melissa Morton, Public Works Director . I !'
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ATTACHMENTS:
1)
2)
Resolution
Location Map
RECOMMENDATION: ,
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" Adopt the Resolution accepting the Fallon Road Stream Corridor
Landscape Improvements for Tract 7135, Dublin Ranch Area A
FINANCIAL STATEMENT:
Toll CA II, L. P., has provided a Maintenance Bond in the amount of
$253,963.00 (Bond No. 929394621) to replace the Performance
Bond and Labor and Materials Bond that assured the installation of
required landscaping improvements. The Maintenance Bond will
guarantee against defects for one year. Landscaping maintenance
will be performed by the Dublin Ranch Golf Club Homeowner's
Association.
DESCRIPTION: Toll CA II, L. P., is requesting acceptance of the recently completed
Fallon Road Stream Corridor landscape improvements associated with Tract 7135, Dublin Ranch Area A.
These improvements lie within the open channel that extends along the west side of Fallon Road between
Turnberry Drive/Golf Course and Gleason Drive.
The original Tract Developer Agreement was one of seven agreements executed on July 17, 2001, per
Resolution No. 126-01 for improvements associated with Tract 7135, Dublin Ranch Area A. The
agreements governed the following:
1) Bulk grading for Phase I, Tract 7135
2) Storm drain through the golf course
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COPY TO: Jon H. Paynter, Toll CA II, L.P.
Page 1 of2
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3) Street improvements for Fallon Road and Bent Tree Drive
4) Traffic signals on Fallon Road
5) Upgrades to existing Fallon Road
6) Landscaping
7) Rough grading and erosion control for Neighborhoods A-6 (Tract 7141) and A-7 (Tract 7142)
The City has accepted the work governed by six agreements and has approved partial acceptance of the
Fallon Road Landscape Improvements, with the exception of the Stream Corridor landscaping, as governed
by the seventh agreement. The remaining Fallon Road Landscape Improvements within the Stream Corridor
are now complete. Since these landscape improvements have been constructed pursuant to the Tract
Developer Agreement and to the satisfaction of the Public Works Director, it is appropriate for the
improvements to now be accepted by the City, with ongoing maintenance to be performed by the Dublin
Ranch Golf Club Homeowner's Association.
At the time that the City and Toll CA II, L.P., executed the Tract Developer Agreement governing the
landscape improvements for Tract 7135, the developer provided a Performance Bond and a Labor and
Materials Bond, each in the amount of $2,971,560.00, to guarantee performance of the work. The
Landscaping Agreement was previously amended via City Council Resolution No. 207-04 on October 19,
2004, to grant partial acceptance of the Fallon Road landscaping, with the exception oflandscaping within
the Stream Corridor. This partial acceptance also allowed a reduction in the bond amounts to $1,105,850
to guarantee performance of the remaining work, and the extension of the completion date to July 17,
2005. Now that the work is complete, these bonds may be released in accordance with authority
contained in 966499.7 of the Government Code, and replaced with a Maintenance Bond. The developer
has provided a Maintenance Bond in the amount of $253,963.00, which is 25% of the original
Performance Bond, and which is sufficient to guarantee the improvements for a one-year period after
acceptance.
Staff recommends that the City Council adopt the Resolution accepting the Fallon Road Stream Corridor
Landscape Improvements for Tract 7135, Dublin Ranch Area A.
Page 2 of2
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RESOLUTION NO. - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ACCEPTANCE OF FALLON ROAD STREAM CORRIDOR LANDSCAPING
ASSOCIATED WITH TRACT 7135, DUBLIN RANCH AREA A
(TOLL CA II, L.P., A CALIFORNIA LIMITED PARTNERSHIP)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll CA II, L.P., a
California Limited Partnership (hereinafter referred to as "DEVELOPER"), entered into seven Tract
Developer Agreements that governed the Bulk Grading for Phase I, the Storm Drain through the Golf
Course, Fallon Road and Bent Tree Drive Improvements, Traffic Signals at the Intersections of Fallon
Road/Antone Way and Fallon Road/Bent Tree Drive, Upgrading Existing Fallon Road, Fallon Road
Landscaping, and the Rough Grading/Erosion Control for Tracts 7141 and 7142 (Tract Developer
Agreements 1 through 7) on July 17,2001; and
WHEREAS, the Bulk Grading for Phase I of Tract 7135 and the Rough Grading and Erosion
Control improvements for Neighborhoods A-6 and A-7 (Tract Developer Agreements 1 and 2 of 7) were
completed and accepted by the City Council via Resolution No. 85-03 on May 20, 2003; and
WHEREAS, the Storm Drain through the Golf Course and the Upgrades to Existing Fallon Road
(Tract Developer Agreements 3 and 4 of 7) were completed and accepted by the City Council via
Resolution No. 109-03 on June 3, 2003; and
WHEREAS, the Traffic Signals at the intersections of Fallon RoadlBent Tree Drive and Fallon
Road/Antone Way (Tract Developer Agreement 5 of 7) were completed and accepted by the City Council
via Resolution No. 182-03 on September 2,2003; and
WHEREAS, the Street Improvements for Fallon Road and Bent Tree Drive (Tract Developer
Agreement 6 of 7) were completed and accepted by the City Council via Resolution No. 224-03 on
November 18,2003; and
WHEREAS, the partial Fallon Road Landscape Improvements (Tract Developer Agreement 7 of
7), with the exception of Landscaping within the Stream Corridor (Parcel D of Tract 7135 and Parcel B of
Tract 7252), were completed and accepted by the City Council via Resolution No. 207-04 on October 19,
2004; and
WHEREAS, the remaining Fallon Road Landscape Improvements within the Stream Corridor
(Tract Developer Agreement 7 of 7), as guaranteed by a Decrease Rider for a Performance Bond and a
Labor and Materials Bond, each in the amount of $1,015,850.00, are complete in accordance with said
plans and specifications, and any approved modifications thereto, to the satisfaction of the Director of
Public Works; and
WHEREAS, the original Decrease Rider for the Performance Bond and Labor and Materials Bond
that guaranteed the Fallon Road Stream Corridor Landscape Improvements can be released in accordance
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ATTACIDIENT /.
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with the authority contained in 966499.7 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 acceptance;
NOW, THEREFORE, BE IT RESOLVED that
1. The Fallon Road Stream Corridor Landscape Improvements along the west side of Fallon
Road between the Turnberry Drive/Golf Course and Gleason Drive are hereby approved
and accepted subject to a one-year guarantee period; and
2. The original Decrease Rider for the original Performance and Labor and Materials Bonds
issued by The Continental Insurance Company (Bond No. 929208209) in the amount of
$1,015,850.00 be released; and
3. The submitted Maintenance Bond issued by The Continental Insurance Company (Bond
No. 929394621) in the amount of $253,963.00 be accepted as security for the aforesaid
one-year maintenance period, said period to commence on this date and terminate on the
19th day of September, 2007.
PASSED, APPROVED AND ADOPTED this 19th day of September, 2006.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\DEVELOP\Dublin Ranch\Area A\Tract 7135\resoacpt_landscape stream corridor.doc
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TRACT 7135
LOCATION MAP
STREAM CORRIDOR LANDSCAPE
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IMPROVEMENTS TO BE ACCEPTED
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