HomeMy WebLinkAboutItem 4.05 Accept Improv Central Parkway
CITY CLERK
File # DER5J[Q]-m
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 21,2006
SUBJECT:
Acceptance of Improvements for Central Parkway - Lockhart Street
to Fallon Road and Fallon Road - Central Parkway to Bent Tree
Drive and Approving Regulatory Traffic Control Devices
Report Prepared by Melissa Morton, Public Works Director
ATTACHMENTS:
1)
2)
Location Map
Resolution Accepting Improvements and Approving
Regulatory Traffic Control Devices
Improvement Agreement dated June 21,2005
3)
RECOMMENDATION: /7 A ,y Adopt the resolution accepting improvements and approving
/ V:/'V'l" regulatory traffic control devices for Central Parkway - Lockhart
Street to Fallon Road and Fallon Road - Central Parkway to Bent
Tree Drive constructed by the Lin Family and the Sierra Land
Development Corporation.
FINANCIAL STATEMENT:
The Sierra Land Development Corporation has provided
Maintenance Bonds in the amount of $325,000.00 (Bond No.
720006S-M) for the street related improvements and $40,000.00
(Bond No. 720007S-M) for the traffic signal at Lockhart
Street/Central Parkway to guarantee against any defects in the
improvements for a one-year period following acceptance. The City
will incur maintenance costs for these roadway improvements.
DESCRIPTION: As part of the infrastructure for Dublin Ranch, the Lin Family and
the Sierra Land Development Corporation have constructed improvements for Central Parkway from
Lockhart Street to Fallon Road and for Fallon Road from Central Parkway to Bent Tree Drive. The street
improvements were constructed in conformance with an Improvement Agreement entered into with the
Lin Family and the Sierra Land Development Corporation on June 21, 2005 (Attachment 3). At the
COpy TO: Marty Inderbitzen, Attorney for the Lin Family
Page 1 of2
ITEMNO.~
G:\DEVELOP\Dublin Ranch\Infrastructure\Central-Fallon\agenda statement accept.doc
request of the City, the installation of the traffic signal improvements at the Central Parkway/Fallon Road
intersection have been postponed.
The Sierra Land Development Corporation provided a Performance Bond, and a Labor and Materials
Bond, each in the amount of $1,300,000.00, to guarantee performance of the street related work, and
$310,000.00 to guarantee performance of the traffic signal work. Now that the street related work and the
traffic signal at Central Parkway/Lockhart Street are complete, the $1,300,000.00 bonds may be released
and the $310,000.00 bond reduced to $150,000.00 in accordance with the authority contained in 966499.7
of the Government Code, and replaced with a Maintenance Bond in an amount necessary to guarantee the
work for a one-year period following acceptance.
The Sierra Land Development Corporation has provided Maintenance Bonds in the amount of
$325,000.00 (Developers Surety and Indemnity Company, Bond No. 869068S-M) for the street related
improvements and $40,000.00 (Bond No. 720007S-M) for the traffic signal at Lockhart Street/Central
Parkway, which is sufficient to guarantee the improvements for a one-year period after acceptance. The
remaining $160,000.00 bonds for the traffic signal at Central Parkway/Fallon Road will be released when
it is completed in conformance with an Improvement Agreement. The Lin Family has dedicated the
required right-of-way, which will be accepted by the City Engineer upon acceptance of the street
improvements.
The following regulatory traffic control devices will be accepted and approved as part of the roadway
improvements and added to the City of Dublin Traffic Code:
a) Traffic signal control at the intersection of Lockhart Street and Central Parkway.
b) Stop control and right turn only at the Old Fallon Road approach to Fallon Road.
c) No parking restrictions on the west side of Fallon Road from Bent Tree Drive to
Central Parkway.
Staff recommends that the City Council adopt the resolution accepting improvements and approving
regulatory traffic control devices for Central Parkway - Lockhart Street to Fallon Road and Fallon Road -
Central Parkway to Bent Tree Drive constructed by the Lin Family and the Sierra Land Development
Corporation.
Page 2 of2
Location Map
Attachment 1
1
i
~
SPORTS PARK
9RO.;:r~C.T
1M PROve:ME.N.'TS
\ \
\ \
'. \
\ .
\
\
.
I
(
I
1
./
/
~_____-v
~R"''- ~
r""'" ...,;P' ~ .---..--- ___........
.- .......- ,.,., ~."..,....'" '\
-'- # ._,-
~ ~,...-
-..--
-~~T-A+J;..AAQ
I
'u.~.
~.
) ~ .
---~ --. ~\\:_- ~
I I
o 0.05 0.1
I
0.2
I
0.3
I
0.4
I
0.5
I
0.6
1 inch equals 700 feet
ATTACBlENT
I.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ACCEPT ANCE OF IMPROVEMENTS FOR
CENTRAL P ARKW A Y - LOCKHART STREET TO FALLON ROAD AND
FALLON ROAD - CENTRAL P ARKW A Y TO BENT TREE DRIVE
AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES
WHEREAS, the Lin Family and the Sierra Land Development Corporation entered into an
Improvement Agreement on June 21, 2005, with the City of Dublin 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 are complete in accordance with said plans, and any
approved modifications thereto, to the satisfaction of the City Engineer; and
WHEREAS, the traffic signals improvements for the Central Parkway/Fallon Road intersection
are not completed at the request of the City; and
WHEREAS, certain regulatory traffic control devices have been installed as part of the roadway
improvements; and
WHEREAS, the Lin Family has dedicated right-of-way to the City of Dublin for Central Parkway
- Lockhart Street to Fallon Road and Fallon Road - Central Parkway to Bent Tree Drive; and
WHEREAS, the Performance Bond, and the Labor and Materials Bond can be released, in
accordance 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; and
WHEREAS, the Sierra Land Development Corporation has provided Maintenance Bonds to
guarantee the completed work for a one-year period;
NOW, THEREFORE, BE IT RESOLVED that:
1. The improvements completed with said project are hereby approved and accepted subject
to a one-year guarantee period; and
2. The original Performance Bond issued by Developers Surety and Indemnity Company
(Bond No. 720006S) in the amount of$1,300,000.00 be released; and
1
AnAClDlENT ~
3. The original Labor and Materials Bond issued by Developers Surety and Indemnity
Company (Bond No. 720006S) in the amount of$1,300,000.00 be released; and
4. The submitted Maintenance Bond issued by Developers Surety and Indemnity Company
(Bond No. 720006S-M) in the amount of $325,000.00 be accepted as security for the
aforesaid one-year maintenance period, said period to commence on this date and terminate
on the 21st day of November, 2007.
5. The submitted Maintenance Bond issued by Developers Surety and Indemnity Company
(Bond No. 720007S-M) in the amount of $40,000.00 be accepted as security for the traffic
signal improvements at the Central Parkway/Lockhart Street intersection for the aforesaid
one-year maintenance period, said period to commence on this date and terminate on the
21st day of November, 2007.
6. The regulatory traffic control devices installed as part of the improvements are hereby
included in the City of Dublin Traffic Code, said regulatory devices to include the
following:
a) Traffic signal control at the intersection of Lockhart Street and Central Parkway.
b) Stop control and right turn only at the Old Fallon Road approach to Fallon Road.
c) No Parking on the west side of Fallon Road from Bent Tree Drive to Central
Parkway.
PASSED, APPROVED AND ADOPTED this 21st day of November, 2006.
YES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
ATTEST:
Fawn Holman, City Clerk
G:\DEVELOP\Dublin Ranch\Infrastructure\Central-Fallon\Reso acpt imps .doc
2
IMPROVEMENT AGREEMENT
CENTRAL P ARKW A Y - LOCKHART STREET TO FALLON ROAD AND
FALLON ROAD - CENTRAL P ARKW A Y TO BENT TREE naIVE
This agreement is made and entered into this 21 st day of June, 2005, by and between the CITY of
Dublin, a municipal corporation, hereinafter referred to as "CITY'" and Chang Su-O~Lin (also known as
Jennifer Un), Hong Lien Lin (also known as Frederic or Prederich Un) and Hong Yao Un (also known as
Kevin Lin) (''the Uns"), and Sierra Land Development Corporation, a California Corporation eSicrra
Land") (the Lins and Sierra Land are hereinafter referred to collectively as '.OWNER").
RECITALS
WHEREAS, the Lins are owners 0 f certain land within the City of Dublin, known as Dublin Ranch.
The City has approved certain development projects in Dublin Ranch that require the construction ot'the
improvements that are the subject of this Improvement Agreement. Sierra Land is a legal entity controned
by the Lins that thc Lins propose to use to construct the improvements; .
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of
California, that OWNER desires to construct and dedicate the following improvements (hereafter
collectively '''The Improvements"):
Central Parkway between Lockhart Street and Fallon Road, including all median curbs, the
northern frontage curb & gutter, full westbound pavement & one lane of eastboWld pavement,
storm drainage~ sanitary sewer, water, joint trench and street lighting improvements. The
Improvements include the traffic signal at Lockhart Street and Fallon Road. The hnprovements
do not include landscaping, walkways and southern frontage improvements.
Fallon Road between Central Parkway and Bent Tree Drive southbound frontage improvementC)
including curb & gutter with 20-toot width of pavement, storm drainage and street lighting
improvements. The Improvements include modifications to the traffic signal and street
improvements at the Bent Tree Drive intersection. The lmprovements do not include
landscaping, walkways, median curbs and any penn anent northbound improvements other than
those at the Bent Tree Drive intersection. The Improvements include restriping, signage and
temporary contonn pavements for 1he existing roadway to be one lane of northbound travel.
The Improvements shall be constructed in accordance with the following referenced plans, which
are hereby refurred to for a more definite description of the work to be performed under this
Agreement as though set forth at lcngth herein~
. Improvement Plans, Dublin Ranch, Central Parkway - Lockhart Street to Fallon Road and
Fallon Road- Central Parkway to Bent Tree Drive prepared by MacKay & Somps, signed
by thc City Engineer on June _, 2005 and consisting of 15 sheets.
. Traffic Signal Improvements at Central Parkway & Lockhart Street, Central Parkway &
Fallon Road and Fallon Road & Bent Tree Drive prepared by TJKM Transportation.
IMPROVEMENT AGREEMENT
Central Parkwuy" Lockbart Situ Falloo Jl.d and Fo.lloo Rd - C~nlro.l Parkway to Dent Tree Dr
ATTAUDENT 3. ,
I
. Joint Trench Cornposile & Street Lighting Plan. Central Parkway - u)ckhart Street to
Fallon Road and Fallon Road- Central Parkway to Bent Tree Drive prepared by RGA
Utility Consultants.
WHEREAS, OWNER intends to satisfuctorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept OWNER's offer(s) of dedication of right-or. way and The
Improvements in consideration for OWNER's satisfactory performance of the terms and conditions oftbis
Agreement;
WHEREAS, the Lins and CITY have previously entered into an Agreement Regarding Community
Park in Dublin Ranch, dated MarCh 15,2005, which agreement contains certain conditions regarding the
construction of The Improvements.
WHEREAS, the Lins and CITY have previously entered into an Improvement Agreement and
Right of Entry Agreement for Fallon Road Improvements to Satisfy Certain Conditions of Approval of
Vesting Master Tentative Map 7135, dated March 19, 2002, which agreement contains certain conditions
regarding the construction of a portion of Fallon Road included in The Improvements.
WHEREAS, CITY has determined that The Improvements are a public works subject to California
prevailing wage requirements;
NOW, TI'IEREFORE, in consideration of the mutual promises, conditions and covenants herein
contained, the partics agree as follows:
Section 1.
Completion Time.
OWNER will commence construction of The Improvements within ninety 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 Improvements.
For purposes ofthis Agreement, the estimated cost of constructing The Improvements is agreed to
be $ 1 ~61 0,000. Said amounts include costs and reasonable expenses and fees which may be incurred in
enforcing the obligation secured.
Section 3.
Bonds Furnished.
Concurrently with the execution ofthis Agreement, OWNER (either the Lins or Sierra Land) shall
furnish CiTY with the following security in a fonn satisfuctory to the CITY Attorney:
a. Faithful Performance. 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 Se<..iion 2 and sufficient to assure CITY that The Improvements will be satisfactorily
completed.
IMPROVEMENT AGREEMENT
Ccntnil Parkway- Lockhart St tn fallon IW IlM Fallon Rd - Central ParkWlly 10 Bent TIW Dr
Page :2 Of6*
b. I Jabor 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 instrwncnt of credit equivalent to one hundred percent (100%) of the estimates set forth
in Section 2 and sufficient to assure CITY that OWNER'S contractors, subcontractors, and
other persons furnishing labor, materials, or equipment shall be paid therefor.
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall conform to the provisions of Chapter 5 of the Subdivision Map
Act.
Section 4.
Fallon Road Agreem~nt.
An agreement between the I.ins and CITY entitled "Improvement Agreement and Right ofEniry
For Fallon Road Improvements To Satisfy Certain Conditions Of Approval Of Vesting Master Tentative
Map 7135" ("Fallon Road Agreement") dated February 6, 2001 also requires the Lins to complete a
portion ofThc Improvements. Upon the execution of this Agreement and the provision of the security
required by section 3, the Lins shall be deemed to have satisfied their ohligations under the Fallon Road
Agreement.
Section 5.
Insurance Required.
Prior to commencing construction ofthe improvements, OWNER shall obtain or cause:: to be
obtained and filed with the CITY, an insurance required under this paragrap~ and such insurance shall
have been approved by the Administrative Services Director of CITY, or his designee, a..~ to form, 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 contractor 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 thereofhy
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.
a. Minimwn Scope ofInsurance. Coverage shall be at least as broad as:
(i) lnsurance Services Office form number OL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability; or
Insurance Services Office Commercial General Liability coverage
(n occurrence II fonn CO 0001.)
(ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code l"any auto" and endorsement CA 0025.
(Hi) Workers' Compensation insurance as required by the Labor Code ofthe
State of California and Employers Liability Insurance.
IMPROVEMENT AC;l{EEMENT
C~ntrall>ark WilY. Lockhart St to Falll)D Rd IInd Fillion Rd - Cet'ltral Pllrkway to Bml Tree Dr
Pl1ge 3 ofl*
b. Minimum Limits ofInsurance. OWNER shall maintain limits no less than:
(i) General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial General
Liability Insurance or other furm with a general aggregate limit is used,
either the geneial aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required
occw-rence limit.
(it) Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
(ill) Workers' Com~nsation and Employers Liability: Workers. compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of$1,Ooo,000 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 respects the CITY, its officers, officials and employees; or the
OWNER shall procure a bond guaranteeing payment of losses 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:
(j) Genera! Liability and Automobile Liability Coverages.
(a) The CITY, its officers., agents, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising out
of activities perfonned 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 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.
(e) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the CITY, its officers, officials,
employees or volunteers.
lMPROVEMENT ^G~EEMENT
Central Par~way- Lnckhart 8t to Fallon Rd and FldtOll Rd. CeDlral Parkway to Pent Tn:e Dr
Pllgc 4 of 9*
(d) The OWNER's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(ii) Workers' Compensation and Employers Liability Coverage. The insurer
shall agree to waive all rights of subrogation against the CITY, its officers,
officials, employees and volunteers for losses arising from work perfonned
by the OWNER fur the CITY.
(in) 811 Coverages.
Each insurance policy required by this cla.use 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) Acceptability ofInsurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:Vn.
(b) yerification ofCoveraie. OWNER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this cJause. 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 andlor 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 fur subcontractors shall be subject to all of the
requirements stated herein.
Section 6.
Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement. and excepting only items of routine
maintenance, ordinary wear and tear and tUlusual abuse or neglecit OWNER guarantees all work executed
by OWNER and/or OWNER's agents, and an 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 (1) 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 detective 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
IMPROVEMENTAGRCEMENT
Central PHrkwo~- Lockhart St to "'atllm Rll and Fallon Rd - Ccntm1 Parkway to Bent TtCle Dr
I'lIge 5 of}l+
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 ofthe 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 expell5e of such repair.
Notwithstanding anything herein to the contrary, in the event that any detect in workmanship or material
covered by the foregoing guarantee results in a condition which constitutes an irmnediate 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. The
foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or
pennanent repairs which may be required as detennined 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 pennitted by law accruing thirty (30) days from the date ofbilling for such work or repairs.
Section 7.
Inspection of the Work.
OWNER shall guarantee free access to CITY through its City Engineer and his designated
representative for the sare 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 8.
Agreement Assignment.
OWNER shall not assign this Agreement without the written consent of CITY, which consent shall
not be unreasonably withheld.
Section 9.
Atmndomnent of Work.
Neither OWNER nor any of OWNER's agents or contractors are or shall be considered to be
agents of CITY in connection with the perfonnance of OWNER's obligations under this Agreement.
If OWNER refuses or fails to obtain prosecution of the work, or any severable part thereot; with
such diligence as will insure its completion within the time specHled, or any extension thereof, or fuils to
obtain completion of said work within such time, or ifQWNER 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 bolder of other security of breach of this Agreement, or of any portion, thereof,
and default of OWNER.
lMPROV.l::MENT AGREEMENT
CenlIlll ParkwQY- Lockhart St to Falloo Rd aod Fallon R.d - Central Park'IW)' to Bent -free Dr
Pasc 6 of frl+
r n the event of any such notice 0 f breach of this Agreement) OWNER's surety shall have the duty to
take over and complete The Improvements herem specified; provided, however) that ifthe 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 performance of the contract, and does not commence perfonnance thereof within
thirty (30) days after notice to CITY of such electio~ 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 docwneuted 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 10. Notices
All notices herein required shall be in writing, and delivered in person or sent by registered mailt
postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Mark Landert City Engineer
City of Dublin
100 Civic Pla:7Jl
Dublin, CA 94568
Notices required to be given to OWNER sha1l be addressed as follows:
Martin Inderbitzen
Attorney at Law
7077 Koll Center Plaza; #120
PleasantoIl, California 94566
and
The Lin Family
c/o James Tong
4690 Chabot Drive, Suite 100Pleasanton, CA 94588
Notices required to be given surety of OWNER shall be addressed as follows:
Gregory Pribyl
The Insco Dieo Group
3100 Oak Road, Suite 260
Walnut Creek; CA 94596, California 94566
Any party or the surety may change such address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
Section 11. Safety Devices.
IMPROVEMENT AGREEMENT
Central p8.J:Xwsy- LUllkhart St to Fallon Rrl and Flillon R.d . CClltflll Parkway to Bent Treo Dr
Pa~ 70flH
OWNER shan provide and maintain such guards, watclunen, fences, barriers, regulatory signs,
warning lights, and other safety devices adjacent to and on the site of roo Improvements as may be
necessary to prevent accidents to the public and damage to the property. OWNER shall fumish, place, and
maintain such lights as may be necessary fur illwninating 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 12. ACC€lptance of Work and Easement.
Upon notice of the completion 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 arid
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 easements deemed necessary by the City Engineer for the maintenance of The Improvements, and,
at acceptance of the Work, CITY shall also accept the right..of-wayand maintenance easement
dedication. The right of way dedications shall be Parcels 14 and 17 as shown on the Final Map of
Tract 7281 filed September 3,2004, Map Book 277, Pages 82-85, Alameda County Records.
Section 13. Patent and Copyright 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 fOf, and shall indemnify
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 14. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part ofthis Agreement
or any provision of this Agreement shaH 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 ofthe
State of California.
Section 15 . Liability.
a. OWNER Primat:ily Liable. 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, commissionst 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
IMPROVEMaNT AGlUillMENT
Central Parkway- .Luckhart St to ~ Rd and Fallon Rd - Central ParXway tu Bent Tree Dr
Payc 8 of!t+
or omission of OWNER, its employees, agents., or independent contractors in
connection 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 Section 5 hereof.
(ii) That the afOresaid hold harmless agreement by OWNER shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by rea~m of any of the aforesaid operations refeITed 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. Design Defe.ct. If a design defect in the work of Improvements becomes apparent
during the course of construction, or within one (1) year foUowing 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, redesign the improvements as necessary to correct said design defect and
reconstruct the improvements as necessary to correct said design defect at his sole
cost and expense, and the sureties under the Faithful Pertbrmance and Labor and
Materials Bonds shall be liable to the CITY for the corrective work required.
c. Litigation 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 ofthis Agreement, and, in the event judgment is
entered in said action, the prevailing party shall be entitled to recover its attorneys'
tees 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 16. Rigbt of Entry.
CITY grants to OWNER a right of entry to enter upon the property within Fallon Road and Central
Parkway 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. TIlls right of entry shall be
effective upon the date of this agreement and shall terminate on upon 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 hannless, as described 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.
IMPROV~ENT AGREEMENT
Central Parkway. Loctltart St to !'aUon R.d and Fallon RIi . Ccntnd Partway to Dent Tree Dr
Page 9 of2t-l
Section 17. 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 harmless 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.
Section 18. Credits.
CITY shall provide a credit to OWNER for dedication of any right-of-way needed for The
Improvements if such right-of-way is needed for improvements described in the Eastern Dublin Traffic
Impact Fee.
CITY shall provide a credit to OWNER for construction of The Improvements if such
improvements are described in the Eastern Dublin Traffic Impact Fee and if such improvements are
constructed in their ultimate location.
All aspects ofthe above credits shall be governed by the City's Administrative Guidelines. The
amount of the credits shall be identified in a Credit Agreement between the CITY and OWNER.
In the event of a conflict between this section 18, and the provisions of section 4 of the Community
Park Agreement, the provisions of section 4 of the Community Park Agreement shall control.
Section 19. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
[EXECUTION PAGE FOLLOWS)
IMPROVEMENT AGREEMENT
Central Parkway- Lockhart St to Fallon Rd and Fallon Rd - Central Parkway to Bent Tree Dr
Page 10 of! 0++
,
. '
"! ,'.
.
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:
OWNER
By:
Jan ockbart, Mayor
Date: ..~~j~~/as
THE LINS:
~ .. 4- -
.f:; ~ cP hlte ate: 6,.- 6'" u ,-
Chan~-O-Lin (also nown ~nnifcr Lin)
C#' ;e".. ...rft'IW ~I ~-~- ~ /ol~/
ATTEST:
'H Date:.&- (~o r
H Lien Lin (also known as redericb or Frederic Lin)
~;e:.~ ~ ~.-.:;.r ~r'
~,&c-;;?~ ,k~~ Date:~~6 4--
--r~Yao Un @!so known as Kevm Lm)
tj.." ~.D ~,##~/~6-tI ~
Approved as to Fonn:
~ Attorney ~or LinFamJly
Approved as to Farm:
!r~ /'/.cE~
Elizabeth H. Silver, City Attorney
Date: 6'-6 - ~V.J,~
LAND DEVELOPMENT CORPORA TIQN
JMPROVI:\MEN1' AGREEMENT
central Parkwll.y' Lockhart 5110 Fallon Rd and FaUQII Rd - Centr.l\l l>arkway to Bent Tree Dr
Page II ofil*