The URL can be used to link to this page

Home My WebLink AboutItem 4.05 DublinRchStormDrainD CITY CLERK File # n~lO]:a-ÐJ] · AGENDA STATEMENT CITY COUNCil MEETING DATE: March 1, 2005 SUBJECT: Acceptance of Improvements for Storm Drain Line D Along Fallon Road and Central Parkway in Dublin Ranch, Area B Report Prepared by: Melissa Morton, Publtc Works Director ATTACHMENTS: 1) 2) 3) Resolution Location Map Original Improvement Agreement RECOMMENDATION:~ Adopt resolution accepting the improvements for Storm Drain Line ;g ~ D along Fallon Road and Central Parkway in Dublin Ranch Area B. FINANCIAL STATEMENT: Sierra Land Development Corporation has provided a Maintenance Bond in the amount of $133,000 to guarantee. against any defects in the improvements. The City will incur maintenance costs for these storm drain improvements. · DESCRIPTION: Sierra Land Development Corporation has constructed a 60-inch storm drain line in the future Central Parkway alignment from Lockhart Street to Fallon Road, and a 54- inch storm drain line along the future alignment of Fallon Road to the existing storm drain outfall at Bent Tree Drive. These improvements were constructed in conformance with an Improvement Agreement entered into with the Lin Family and the Sierra Land Development Corporation on September 21,2004. Sierra Land Development Corporation provided a Performance Bond and a Labor and Materials Bond, each in the amount of $532,000, to guarantee performance of the work. Now that the work is complete, these bonds may be released in accordance with the authority contained in §66499.7 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 developer has provided a Maintenance Bond in the amount of $133,000, which is sufficient to guarantee the improvements for a one-year period after acceptance. The Lin Family bas provided the deeds for easements as required by the agreement. Staff reconunends that the City Council adopt the resolution accepting the improvements for Storm Drain Line D along Fallon Road and Central Parkway in Dublin Ranch, Area B. · - - - - -- ~ ~ - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - ~ -- - - - - - - - - ~ -- ~ - - - - - -" COPIES TO: Marty Inderbitzen, Lin's Attorney \ or, \ ITEMNO.~.5' g:\dc,velop\dublin ranch\infrastructure\sd line- d rfallon & central pkwy\agst accept sd 1ine d" fallon & c:entral.doc \~ RESOLUTION NO. - 05 e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ACCEPTANCE OF IMPROVEMENTS FOR STORM DRAIN LINE D - FALLON ROAD & CENTRAL P ARKW A Y DUBLIN RANCH, AREA B WHEREAS, the Lin Family and the Sierra Land Development Corporation entered into an Improvement Agreement on September 21, 2004, with the City of Dublin to construct storm drain improvements in Dublin Ranch, Area B, in accordance with tbe plans entitled, Dublin Ranch Area B - Storm Drain Lines D Improvements - Fallon Road & Central Parkway, prepared by MacKay & Somps, signed by the Director of Public Works on September 7, 2004, and consisting of 8 sheets; and WHEREAS, improvements associated with Stonn Drain Line D - PaBon Road & Centra! Parkway are complete in accordance with said plans, and any approved modifications thereto, to thc satisfaction of the Public Works Director; and WHEREAS, the Lin Family has executed Easement Grant Deeds to the City of DubJin for Storm Drain Line D; and .. WHEREAS, the Perfonnance Bond and the Labor and Materials Bond can be released, in ., accordance with the authority contained in §66499.7 of the Goverrunent 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 a Maintenance Bond 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 Indenmity Company, (Bond No. 869007S) in the amollnt of$532,OOO be released; and 3. The original Labor and Materials Bond issued by Developers Surety and Indemnity Company, (Bond No. 869007S) in the an10UIlt of$532,000 bc released; and 4. The submitted Maintenance Bond issued by Developers Surety and Indemnity Company, (Bond No. 869007S-M) in the amount of$133,000 be accepted as security for the aforesaid one-year maintenance period, said period to commence on this date and tenninate on the lst day of March, 2006. . 1 3-I-ö5 Ii.? ATrACmNT I. ~'bl? PASSED, APPROVED AND ADOPTED this 1st day of March, 2005. YES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G;UEVEL,QP\Dublin Ranch\rNFRASTURE\SD Line D\Reso aept imps.doc 2 . e e '" !; ~ ¡ § ! J ffl~ § '" ~ c ~~ E ~ ~ ~ ¡ g :~j~ ~ "'''' ,," i~.~ ~ B~ ~ ~~ ~j~ :§ ~~« ~~hH: i~ ~§~I~ Ih¡¡~~ o u ~ ¡j - ~æ ;-~ ð - ; i ~ " ; ~ g ! II - _::;¡~"' " ~ a~.~ê~"ii ~ oqh. n ~!i zl ~~; ~~~~~: !5~ .~m~ ~~mH¡;¡;~i!il;¡lil~ii! 1'~io!lm ['-;;:í';;""'''-'''CO'-'.._S.lz' III' ":,"'~'h ...~go8Œ¡:g":8~~!!" @ @ ~ ·ld§:2~nU:g~ III' I@ ,C;=01~~.~". L.... :;¡;¡I N~~~~;:...~ :§_ ...J ~ ~ ~ ~ I'~~~ ~¡:~ I!:¡: ~;j '0 ~o O~..cI: 'i .J!t:~....... :r-- U....I<;j U:::> 0:<;" 00'-' 0" I': ¡;: ~-"""..),¡ .1 ,~ 1-,.. ,'_c::o, ,~UJR~ -<âi.od'1hU ¡r ~-~¡~W<>_I~~' ~ .p.,(\,~It~n_~~ --""'¡:¡c~¡j'o. fjG« !!!!1 ß "'¡¡~I.m!Uh'I' ¿:~;'~;;:'r'",'!~,~, ~;~ ~. :A';;~ ~ ~ ~..,.¡ ~ Q · U. iñßl~~CS, n,t '7~.Ai ~~~r' E:) c......¡ ~~~~~ !7' '.........f.!:> A/.....\,~:;:=~ avo~'lIlam . s:~' i'S :< L.. z ~ ::s I;D ::5 ~~~'f!~~', ;ì';~=~..:..::.:!.~£I. J.¡I~~._ I ir9n~~> ;¡j ~ g:>:c.Z"r.:i~ ___ ~~,~". ~'....... -'~-._~~__-;:-;-:--::__ _"_.'.__.__~ '~""",.' ~~: ¡¡¡ ~V,¡¡';"'¡:::3 ....... ", ..,~..... - ._~..~........ ,.' I ~I :If ~ ~ ~'. ;~?;-1,/ '-," --- -'1 j ~! ~. ~g "1/':;'/1}' .." ~~ - : :1. I {fJ '/),¡{~~:/ I J ...;5¡ ~ I ... "'''' ../' '~. /j I ._~ii!.!. ~ . ~ ..':t..,' ~ ' &'1!:8 ~ .. ~' . -~,?<~;'~"-J ~! ~i;~ ~; ~ "', ¡i , ,~r,(~~ .<> .. !';T§! _ ~... , 1_ ~;:y,,¿ ¡ ~J..... i ~ é"~~;:~~ óf.,~ ~ '" ö ~: I~ ~~.~ "·<;>t~i1'-· i~i ~ ~ ~I I; ..' ~p,p <,#:;~f/4.';:? ;:~ f1 I t;;'i...,-:Æ;rl/ï ~ I .~~~~ ~ ~ § . '~, / . ~ .â'~..~~l-t '." 8~/ ~___ g~.... .../,"".... /, ... ~~~~_ ~~'<t ~"'~ ~Î ", / ~¡..J~"" ~... "';>::t,;,¡."" ~ e· '. :l"~¡¡ ~~~/(··"'t·u~~ ~ ... e } 'i;~U '''¡;,,'''l'" , -_".i'.,,~ ~U.~"~<·;-:i-.. '. ._(~;:-::~~~~~- '~ \ . \ .... r· , \' ~ ..'-1 I-~ ~ ~-t:l ~ \ ,1.- '\ \, .....J'~i""~.' L.._ , ... ) ,\ ,\-,."" "-^, '.-,.;0 .In, 1.' '. ' \ \..-J.' --;~~c-¡ ¡~_$~"" -;> 'ß~ §~!!. I \ \" ;.~~~,~. '\~L\~J~ ~ ; ~~ ~@i~ z \ I . r~,"\ ~ it; 's.:;j "'~ =.... ~ 0 ~rIJ..;-\ \__\...\I~" .·'1 !'!zD.... Þ.!¡:: "If< .~:¡; ~ ~ -,-:;'~;"·r.n 1:",1 ~~ê ~. ¡;j '-Ìi.;¡! \ 11 \ ~,..J~"~ ",_~ !-!::~ I;,j' 'I!!;!t \~";,;t;.l~¡~~¡¡ ~ ;b~ ([ ~ ~';-:-'jt:t'l ~@~~ \: ,t::E..I...,~~"": ~ ~è"5 ~ kI,;;" , - ~-i-' t~I' ~~~.~~-~ m"'~ ' <~;~'~;~~t~ ~~~~~!;~~ ,,~3~ : --" ,.., . " -' ..."~~ e , :--~I ~~:~\,,\",,~_.: ~ ) .... : --.._.J'::...::::...-,,,...JL.............:.-......~ :t~'!'-"'..J... i 14/. ,.~~ft~~3"'-'~--,td~..' -GRAl"ION -F;\" , i ffi ,J J-'~\I.\~,1~· ..... I I ':2.~' J.,.,I [',--",. 1#<0__-@. .' ¡,-·,,,,nll ;;.....~- 'll:.S I / ! Eit.::r:-<k$' 'sito-¡:¡ I /- ~ 'of',' ;r' ~. ~ij ~ " l, T ~ ';.1 ~~ h:d ..... 'i" -,"!J --..,., '>< ¡;I N~ ~ ço:, ... ì- ~' rii ' .., '" r;j ~;':':/"""~>.~!è;J ~:Ëi ø.. ~ !,) <"~~< ~~\ \. ¡ ~!~¡ : ~ ~ ~ "~I \~\ "\ ~..I¥ \1: ~j~' fj ; " .".~ _r~ ~'~ n'r~-~.'· §o. , ~ t{> r ø ~1'!; 1Z1:!: ¡;¡., I !i~:1·-~~1 ¡"~' _~ \... ' c.; L" L..... ~,~~ .n,..... Æ :z: r- . U I ,- ~ ',;~ ~t=1 ~~ .~,t -, , ~~.\ I~~~:' . ~i ~~ ~!~ ¡j s _~ .... ~r II "_I ~ ~ t."£!: '01, ,,:: tiE I I I - ,I f-h-'/' í . ~ ~ ~¡. 'i ~: - ¡; ~ . i ~ ,I : '~',_~J\~\&-~-'§i~1 i~~~ :~~~:~, I I~-~~\. J --- ____,_.J _~, . ~ k.~ g:i2~1 "~I...~ I I I (I ._ -,-" _. ___"_' 11 ~:!Ij\L. [,..oIC¡' ~'~.:. 'I",' . J -, -"". µ...... f: I ":;: ~ ~ ¡ç~-;¡ril~~"j¡-;¡;.igN. I , 1"17;:¡;::-~.oo·:~Tt;·~ ~!~ : -~ -;¡;L.s'l'E ~_r~r"\ ...."'.....,.l......-..,J !..';¡~º.t¡~~0I(:3.,..J,~ I 'h~"'!"'~~ ~ ~ ~~'(........OŠ-tv ~r I.n~~ _,j_:t-~-~.~ ~t~~~ i~~i " --- -~ - .,;.":;:.Ij ~...¡ ""\"1 tgff9 LJ'\iI!~.I. 1'-1 ,~ ~~..::. ~. r.t--...! I;;>' '--~"- -~, ~ J\ _ ~,\.J' 'I I"'rr I 1""1' ~._ J I ,;~I~~ I 1111 NI"!I\:I~~ ...; CJ!I a:: "" \- .l3r.JHß'""~ ~--~~~----vri"i"lj;};.¿~~~G--~---- ::¡~;;.;:-~ ),y~Q... 0'·" 1-"" J.DN!! ,¡rSl: ¡¡;-.:~ ",.,.: ì '."."." . {LI ~§ ;¡¡ ,;:, ~~ I' ¿ij i-. h . -I ", . !!~ '~:." '~I I lI=ei ~~m ~ ~i I;"'" ¡ \f~ ~¡;¡<i".'~c;; ,,' "'r"" , ~~ . ¡" i;~ ~i ~;¡ I~::! i ¡"';:z¡ ~": ~i ~;: ::s ".. ~-6 ~ i ~ u\ ¡¡;a Þ<' ~LI \. .,.1.., ~, .f:'! '" ~~I:;:l_~'.¡~i ~N ~L - . _:..~.:.._~'~_j~~ ~ i~_ I , I ¡Z! I Iii 8 " , ~ ~ 8 o e e ~ , U fir; ~~ ~ 1 . I :'i~- ~E ~¡¡ ~~!¡~ ¡!~~~ ~~ . --; ....1-, ~~ ~;t::íì 5~' $; ~~. ~:'I :g~ ~: ; ~. ~ ~~ ~·'~:~t:'''j,;;j /. ~~~ ~ ~ ~ E ¡¡j · 'dl (_~ ~ L'f: . " ~ j ~ ",: í~j.-l1~~~.~,i~'"'\. '; ~ ~ ~ q .~i~I~¡¡ ,~ii.:_ . -"'-~ .~ g r s-.¡f ....(¡¡. I.'I~~"'" K'- Bi~¡;~i¡¡~~· ~P.~·I:~ ~~ ;¡ ¡" _I' Þ;~1:-~i: ··',i~!:. '-~ ~ .c:~q "'.", '.'. ~i'J " \;1_. ---! g.::~ ~N . ~ § ~ ~ .....,-..._,., r_!~~:a~:-N1~;-~·'''.,,'" _. :- :~ ~ ~ -·~~~ki·Ñï¡":~¡:r"~.... ,¡-~Y ~-~....---- .i.St,IIO.ICN ...~ I II :- I;; .0. (\J '" ~~ I ~ :..~ '" ~:¡:¡ I ..0: 'i:)3u¡ .[:;¡ : tL, &:;¡¡;,§;~~ : ~ 3,S~ l6 : t:"é ~, t: ¡ i..1 : . -~~~fj#llS' ~ ~~ --'¡¿¡~7~ ::: e ¡¡j " :¡ "' ... .., " ~ :PA'R.Ct.1.. 10 " ¡ .~ ~ §5 . ~" , ~. tª1 ,~ ~. b ~i ~I!i !~I " " , ~ ~ ùi . " " .. -, " ~. < ~),., ::3" ..... -",'" "...'- <I~ ;:-;g:'~~~-- ~ -'If"' , , .. 'I . ,~ih.§ " §"::;~"~i !~_ ·111,f~Ui~ n~~t'(I¡ ~:!i'5~~1~~ t ~~!'~~.I~~~ ~"~~M¡~~ ~ ~hiB~¡¡H - !1~ ~ !~~",Ih ~" ;¡~i~ ~ . r "d~~" ii¡d~~~~m~ ml~~~¡iK'h '~.~;"h~§s fU~~~I;~'1 hl~~!·dl¡ ~~~ ¡¡;~~IU~! ~I·~~i:i..~g~ I ~;~iin~i~ ~¡ ~~~fd.§~~ ~ a ! ~ Ii; ¡". L o· "" ì:'! t: i5 ¡ n: r ~ ! ~"~s"¡ :qp" ' ~ ~, 1-\ i!'j .t o P ~ j " . .~ ~ . , Ij; or; ¡~ _,: ii ;fa;. -.' -v'7 , ~ <, " . " ç.. ~ ~ ;Z o - ~ ~ ATrACIDIENT 2- ~ , IMPROVEMENT AGREEMENT STORM DRAIN LINE D - FALLON ROAD & CENTRAL PARKWAY Dublin Ranch, Area B ~\,? . This agreement is made and entered into this 21st day of September, 2004, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Chang Su-O-Lin (also known as Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao Un (also known as Kevin Lin) ("the Lins"), and Sierra Land Development Corporation, a California Corporation ("Sierra Land") (the Lins and Sierra Land are hereinafter referred to collectively as "OWNER"). RECITALS WHEREAS, the: Lins are owners of certain land within the City of Dublin, known as Dublin Ranch. Development projects in Dublin Ranch will be serve!Í by drainage improvements described in the Dublin Ranch Master Drainage Plan prepared by MacKay & Somps. The portion of the Master Drainage Plan identified as Storm Drain Line D along Fallon Road and Central Parkway is the subject of this Improvement Agreement. Sie:rra Land is a legal entity controlled by the Lins that the 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"): A 60" storm drain along Central Parkway from Lockhart Street to FalIon Road, a 54" storm drain along Fallon Road to the existing 48" outfan from Area A, and a 24" storm drain connecting to the existing outfan at the fire station. The Improvements shall be constructed in accordance with the plans, Dublin Ranch, Area B, Starm Drain Line D Improvements -Fallon Road & Central Par1çway, prepared by MacKay & Somps, approved by the City Engineer on September 7, 2004 and consisting of 8 sheets. Theose plans are hereby reoferred to for a more definite description ofthe work to be performed under this Agreement as set forth at length herein; . WHEREAS, OWNER intends to satisfactorily complete The Improvements within the time hereinaftc:r specified, and CITY intends to accept OWNER's offer(s) of dedication of right-of-way and The Improvements in consideration for OWNER's satisfactory performance of the terms and conditions of this Agreement; WHEREAS, CITY has determined that The Improvements are a public works subject to California prevailing wage requirements; NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: Section I. Completion Time. O'WNER will conunence construction of The Improvements within ninety (90) days following the date on which CITY executes tJús Agreement. OWNER shall complete such Improvements no later than . two years following execution of this agreement. Time is ofthe essence in this Agreement. IMPROVEMENT AGREEMENT Storm Draíil"¡ D" ~ Fa1Jon Rd &:. CcntrPl Pkwy, Du'þ]iJl LUnch ATTAUIDIENT 3, 5rfb 0> Section 2. Estimated Cost of Imnrovements. . For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to be $ 500,000. 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 (or either the Lins or Sierra Land) shall furnish CITY with the following security in a form satisfactory to the CITY Attorney: a. Faithful Performance. Either a ca.sh 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 (l00%) of the estimates set forth in para.graph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed. e b. La.bor 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 shall be the ~ole indemnitee named on any instrument required by this Agreement. My instrument or deposit required herein shall conform to the provisions of Chapter 5 of the Subdivision Map Act. Insurance Required. Section 4. Prior to commencing construction of the improvement~, OWNER shall obtain or cause to be obtained and filed with the CITY, ali insurance required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, or his designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, OW"N"ER'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 carrkr. 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 fun force and effect until the completion of work under this Agreement and the final acceptance thereofby CITY. All requirements herein provided shall appear either in the body of the insurance poHcies or as endorsements and shall specifical1y bind the insurance carrier. a. Minimum Scope ofInsurance. Coverage shall be at least as broad as: e (i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liabilitv and Insurance Services Office form ~ROVEMENTAGRBEMENT Storm Drain" D" . Fallon R.d & Celttral Pkwy, Du.blin Ranch Page ZQI 9 Co fi{; I? number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) . (Ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code J "any auto" and endorsement CA 0025. (iii) Workers' Compensation insurance as required by the Labor Cod~ of the State of California and Employers Liability Insurance. b. Minimum Limits of Insurance. OWNER shall maintain limits no less than: (i) General Liability: $1,000,000 combined single limit per occurrence for bodily iGjury, 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 thc general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (iii) Workers' ComDensation and Empiovers Liability: Workers' compensation limits as required by the Labor Code of the State ofCaIifornia and . Employers Liability limits of $1,000,000 per accidei}t. c. Deductibles and Self-Insurance Retentions. Any deductibles or s~lf-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 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: (1) General Liability and Automobile Liability Coveral!es. (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 ofthe protection afforded to the CITY, its officers, officials, employees or volunteers. e IMPROVEMENT AGREEMENT Storm: Drain It 0" . hUon.ltd & C=ntral Pkwy, Dl.lbHn Ranch Pagd Of 9 . e . (ii) (Hi) ÎP[) t3 (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 shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the imureI's liability. Workers' Compensation and EmPlovers Liability Coveralle. 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. All Coveraaes. Each insurance policy required by this clause shan 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) AcceDtabilitv ofInsurers. Insurance is to be placed with insurers with a Bests' rating of no Jess 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 andJor 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. IMPROVEMF.NT AOREEMf.NT Stmm Drain" 0" . FaHon R.d &. CenttaJ Pkwy. Dublin Ranch P.go 4 of 9 ~Jbl'p Section 5. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine 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 a.I1y 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 correctod items for an additional year to. insure that such defects have actually been corrected. In tbe event the OWNER shall fail to comply with the conditions of the foregoing guamntee 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 oonstitutc:s 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. The foregoing statemënt reiating to hazards to health and safety shall be deemed to include eithertemporary or permanent repairs wnich 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 expellsc:s 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 ofbHling for such work or repairs. Section 6. Inspection of the 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 aU materials and workma.nship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by O\VNER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the Improvements plans and specifications. Section 7. Al!1"Cement Assil!IU11ent. OWNER shall not assign this Agreement without the written consent of CITY, which consent shall not be unreasonably wit!ùleld. 'MPROVEMENT AGREEMENT Storm Dra.;n .1 D~ ~ !<øllon Rd &. Central Pkwy, Dublin Ranch hgd of 9 . e . 4t\? · Section 8. Abandonment 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 performance of OWNER's obligations under this Agreement. 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 of said 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 otber security of breach of this Agreement, or of any portion, thereof, and default of OWN ER. In the event of any such notice of breach of this Agreement, OWNER's surety shall have the duty to take overand 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 performance 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 0 WNER's surety shan be liabk to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, a without liability for so doing, may take. possession of, and utilize in completing the work, such materials, · appliances, plant and other property b~longing 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 DubJin 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 · The Lin Family c/o James Tong 4690 Chabot Drive, Suite 100Pleasanton., CA 94588 IMPROVEMENT AGREEMENT Storm Oni.il'l .. D" ~ Fallon R.d &. C¡:ß1I1I.1 Pkwy, DlIblín Ranch PSSI:Ó of 9 ID~\3 Notices requited to be given surety of OWNER shall be addressed as follows: Gregory Pribyl The Insco Dico Group 3100 Oak Road, Suite 260 Walnut Creek, CA 94596, California 94566 e 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. 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 Aiameda County. Section 10. Safety Devices. OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjåcent 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, an fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the pll\Il$ 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. AcceDtance of Work and Easement. e Upon notice of the completion of The Improvements and the delivery of a 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, ¡ffound to be in accordance with said plans and specifications and this Agreement, shall reconunend acceptance of the work to the City Council and, upon such acceptance, shall notify OWNER or his designated agents of such acceptance. ConcWTently with the notice of completion, OWNER shall grant to CITY a right of entry or such other right of access (including right of way and maintenance easements) as may be 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-way and maintenance easement dedication. The right of access shall be over the property described in Exhibit A. Section 12. Patent and Convriaht Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duiy registered patent or copyright, OWNER shall be liable for, and shal) indemnify CITY ftom any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result ftom the use of said patented or copyrighted material, process or publication. Section 13. Alterations in Plans and SDecifications. Any alteration or alterations made in the plans and specifications which are a part of this e Agreement or any provision of this Agreement shall not op~te to release any surety or sureties from IMPROVEMENT AORBEMENT Storm Drain" D" - Fallon a.d &. Ccnt:rlll PkvIy~ Dublin Ran¡;:h P..., 7 of 9 Ilrv'? 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 Qfthe State ofCalifomia. Section 14. Liabilitv. a. OWNER Primarily Liable. OWNER hereby warrants that the design and construction of The Improvements will be performed in a proper manner. OWNER agrees to indemnify, defend, release, and save harmless CITY, and each ofits elective and appointive boards, conunissions, 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 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 harnùess 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 harmless agreement by OWNER shall apply to all damages and chums for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in tills paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether ór not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. b. Design Defect. If, in the opinion of .1 he CITY, a design defect in the work of Improvements becomes apparent during the course of construction, or within one (l) year following acceptance by the CITY ofthe 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 liable to the CITY fOf the corrective work required. c. Liti~ation Exvenses. 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 shaH 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. e Section 15. Riwt of Entrv. CITY grants to OWNER a right of entry to enter upon the property within Fallon Road with such IMPROVEMENTAGREEMF.NT Stu'I"n'I Drain" D" . Fallon Rd &. C~traI Pkwy, Dublin Ranch PS!CI 8 of 9 12m..\p U 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 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 harmless, 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. 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 indemnity 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 atly applicable laws. Section 18. Recitals. The foregoing Recitals are true 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 yeãr first above written. OWNER: ~~ ~, £;.~ate: 9-,f"<>~ Chan Su-Q-Lin (also known Jennifer Lin) 6h~?':f¥ rrM ¿;?6,$''''"T ~d4.,iq'«1ÍDate; j'-I~vyC H ng L~ Lin (also known as rederich or Frederic Un) ç;.,.. ~ .;;¿-~,;..,./ #"t=ð<r ~ Y.-'~4~ Date: ý'~-~ý ong'Yao Lin (also kÍlOWIJ as Kevin Lin) Þ ¡{:....,. A;f/i"drJ H¿-a .A' é--;s:"r T - e CITY OF DUBLIN; Bt':L'--f~.iì:5I et L~ Mayor Date: 9 04 r ATTEST: . AND DEVELOPMENT CORPORA nON Date; /~/'c..>-/ Approved as to Form: ·flWi- N. S;u Elizabeth H. Silver, City Attorney Approved as to Form: e _.~ 77, ",7/4/~ Martin W. Inderbitze , IMPROVEMENT AGREEMENT S,""" DraiTI . D'" - Panon Rd Ik. C.nlral Pi<wy. Dublin Ranoh Pall"9 of 9 " I¿~ EXHIBIT A EAseMENTS e Real property in the City ¡:¡f Dublin, C¡:¡unty of Alameda, State of California, described as follows: Parcels 8,~~ and 16 as shown on the Final Map of Trac17281, filed s.;t,1., 2DD4, Map BooK.2,]l, 'pages ..st... to ---ØJ:L inclusive, Alameda County Records, e . IMPROVFMENT AGREEMENT Storm Draifl '" DH _ Fanon Rd &. Contral Pkwy, Dublin R.e.nch Page lOaf 9