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Home My WebLink AboutItem 4.04 Toll GradingA-6 & A-7 CITY CLERK File# 0600-60 AGENDA STATEMENT CI'TY COUNC'ZL MEETI'NG DATE: May 20f 2003 SUBJECT: Acceptance of Bulk Grading for Phase I of Tract 7135, and Rough Grading and Erosion Control hnprovements Dublin Ranch, Areas A-6 and A-7 (Toll CA II, L.P.) Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution 2) Vicinity Map RECOMMENDATION: ~ ~t~Y Adopt the Resolution accepting bulk grading for Phase I of Tract 7135, and rough grading and erosion control for Dublin~Ranch, Areas A-6 and A,7 FINANCIAL STATEMENT: No Maintenance Bond is necessary to guarantee against defects because the developer has executed separate agreements, which include rough grading and erosion control, for each Neighborhood within Dublin Ranch, Area A. The City will not incur any ongoing maintenance costs for the bulk grading for Phase I, nor for rough grading and erosion control improvements in Neighborhoods A-6 and A-7. DESCRIPTION: On July 17, 2001, the City Council authorized the Mayor via Resolution No. 126-01 to execute seven separate Tract Developer Agreements with Toll CA II, LP, for improvements associated with Dublin Ranch, Area A (Tract 7135) to govern the following: 1) Bulk grading for Phase I, Tract 7135 2) Storm drain through the golf course 3) Street improvements for Fallon Road and Bent Tree Drive 4) Traffic signals on Fallon Road 5) Improvements to. existing Fallon Road 6) Landscaping 7) Rough grading and erosion control for Neighborhoods A-6 (Tract 7141) and A-7 (Tract 7142) Of these seven agreements, the developer has completed work governed by two agreements: the bulk grading for Phase I, and the rough grading and erosion control for A-6 and A-7. The remainder of the work governed by the other five agreements is currently underway and nearing completion. COPIES TO: H. Jon Paynter, Toll Borthers ITEM NO. ~ G:\DEVELOP\Dublin Ranch~Area A\Tract 713 5~gstacpt_grading & erosion.doc The bulk grading for Phase I of Tract 7135 included the major earthwork operation necessary to repair historic landslides and to place fill material for the Dublin Ranch Golf Course and the seven residential subdivisions within Dubin Ranch, Area A. This work has since been completed to the satisfaction of the City Engineer. Once the bulk grading was complete, the developer commenced with rough grading and erosion control for A-6 and A-7 to create streets and house pads for these neighborhoods. The developer has subsequently executed individual Tract Developer Agreements for A-6 and A-7 (Tracts 7141 and 7142) that include guarantees for fine grading and erosion control, so the original rough grading and erosion control work can now be considered complete. The bulk grading for Phase I, and the rough grading and erosion control improvements have been constructed for A-6 and A-7 pursuant to the two applicable Tract Developer Agreements and to the satisfaction of the City Engineer. It is now appropriate for this work to be accepted by the City. The remaining work associated with Tract 7135 will continue to be governed by the remaining five Tract Developer Agreements until said work is deemed complete and accepted. At the time that the City and Toll CA II, LP, executed the two separate Tract Developer Agreements governing the bulk grading for Phase I and the rough grading and erosion control improvements for A-6 and A-7, the developer provided bonds as follows: a Performance Bond in the amount of $4,000,000 for the bulk grading, and a Performance Bond in the amount of $1,280,000 and a Labor and Materials Bond in the amount of $640,000 for rough grading and erosion control to guarantee performance of the work in A-6 and A-7. Now that the work is complete, these bonds may be released in accordance with the authority contained in §66499.7 of the Government Code. No maintenance bonds are necessary as the developer has executed separate agreements for Neighborhoods A-1 through A-7 that includes fine grading improvements. Staff recommends that the City Council adopt the Resolution accepting the bulk grading for Phase I of Tract 7135, and the rough grading and erosion control associated with Dublin Ranch, Areas A-6 and A-7. Page 2 RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTANCE OF BULK GRADING FOR PHASE I (TRACT 7135), AND ROUGH GRADING AND EROSION CONTROL IMPROVEMENTS FOR NEIGHBORHOODS A-6 AND A-7 (TRACTS 7141 AND 7142) (DUBLIN RANCH, AREA A) WHEREAS, the subdivider of Tract 7135, filed on August 10, 2001, in Book 259 of Maps at Pages 57 - 63, previously entered into seven Tract Developer Agreements with the City of Dublin to improve said Tract in accordance with plans and specifications on file with the City Engineer, said Tract identified as follows: a) Subdivider: Toll CA II, L. P. b) Tract Location: Fallon Road c) Tract Size: 202 Single-Family Lots, Golf Course, Open Space d) Resolution Approving Agreement: No. 126-01, City of Dublin City Council e) City Streets Affected: None 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, as governed by two of the seven Tract Developer Agreements, are complete in accordance with said plans and specifications, and any approved modifications thereto, to the satisfaction of the City Engineer; and WHEREAS, the original Performance Bond associated with the Bulk Grading for Phase I can be released in accordance with the authority contained in §66499.7 of the Government Code of the State of California. The developer has provided replacement bonds to guarantee the Bulk Grading for Phase I improvements as part of the previously executed Tract Improvement Agreements for Tracts 7136 through 7142 (Neighborhoods A-1 through A-7) which includes grading maintenance measures until the Tracts are fully developed and accepted, and no separate Maintenance Bond is therefore required for this work; and WHEREAS, the original Performance Bond and Labor and Materials Bonds associated with the Rough Grading and Erosion Control can be released for Neighborhoods A-6 and A-7 in accordance with the authority contained in §66499.7 of the Government Code of the State of California. The developer has provided replacement bonds to guarantee the Erosion Control improvements as part of the previously executed Tract Improvement Agreements for Tracts 7141 and 7142 which includes Rough Grading and Erosion Control maintenance measures until the Tracts are fully developed and accepted, and no separate Maintenance Bond is therefore required for this work; NOW, THEREFORE, BE IT RESOLVED that: 1. The Bulk Grading for Phase I, and the Rough Grading and Erosion Control improvements completed within Neighborhoods A-6 and A-7 said Tract are hereby approved and accepted; and G :\DEVELOPkDublin RanchkArea A\Tract 713 5kresoacpt_grading & erosion, doc ~=!l ~ ........... ' 2. The original Bulk Grading for Phase I Performance Bond issued by The Continental Insurance Company (Bond No. 929168172) in the amount of $4,000,000.00 be released; and 3. The original Rough Grading and Erosion Control Performance Bond issued by The Continental Insurance Company (Bond No. 929205112) in the amount of $1,280,000.00 be released; and 4. The original Rough Grading and Erosion Control Labor and Materials Bond issued by The Continental Insurance Company (Bond No. 929205112) in the amount of $640,000.00 be released. PASSED, APPROVED AND ADOPTED this 20th day of May, 2003. AYE S: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\DEVELOP\Dublin Ranch~rea A\Tract 713 5~resoacpt_grading & erosion.doc 2 TRACT 7135 VICINITY MAP