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HomeMy WebLinkAboutItem 3.6 Accept Improvements Tract 4736 (2) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 23, 1984 SUBJECT Acceptance of Work - Tract 4736 (formerly Tract 4188 ) Substitution of Performance Bond EXHIBITS ATTACHED Resolution; Location Map, Bond RECOMMENDATION Adopt resolution to: 2 1) accept the work completed in Tract 4736 ( formerly Tract 4188 ) ; 2 ) authorize execution and substitution of performance bond in the amount of $128 , 500 in connection with the guarantee of work performed in Tract 4736 FINANCIAL STATEMENT: City Manager has bond for $128 , 500 to guarantee against defects for one year . No immediate maintenance costs other than street lights and sweeping. DESCRIPTION All work in connection with the subject tract has been completed in accordance with the terms of the subdivision contract, and acceptance of the work is now in order . The original approvals and inspection was performed under the jurisdiction of the County of Alameda. Damage to the streets was caused by the contractors operations and has just been repaired and resurfaced. A seal will be applied to the new pavement in the Spring when the weather warms up as part of the developer ' s maintenance obligation. Pertinent information concerning the tract is as follows : a. Subdivider : Amador Associates, a limited partnership b . Tract location: Just east of Village Parkway at Wineberry Way c . Tract size : 133 lots d. Resolution approving Final Map: 184660 & 189769 (Alameda County) e . City streets affected: Locust Place, Wineberry Way, Mulberry Place , Locust Court, Mulberry Court At the time the County and the subdivider executed the contract for the Tract improvements, the subdivider was required to post a performance bond in the amount of $514 , 000 to provide the necessary security for the performance of the work involved. As the work is now completed, the performance security requirement can be reduced, in accordance with the authority contained in Section 66499 . 7 of the Government Code, to an amount necessary to guarantee maintenance of the work for a one-year period following acceptance of the work . The subdivider has provided a new performance bond in the amount of $128 , 500 which is 250 of the original bond required, and which is sufficient to cover the one-year maintenance guarantee period. A new performance bond has been received, and is in order for acceptance by the City Council and execution by the Mayor. ---------------------------------------------------------------------------- COPIES TO: Castle Construction ITEM NO. 3 t� r , RESOLUTION NO. - 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ---------------------------------- FOR THE ACCEPTANCE OF IMPROVEMENTS TRACT 4736 (FORMERLY TRACT 4188 ) WHEREAS , the owner-subdivider of the aforesaid tract previously entered into a contract with the County of Alameda to improve the said tract in accordance with plans and specifications on file with the Director of Public Works of the said County of Alameda, said tract identified as follows : a. Subdivider : Amador Associates, a limited partnership b. Tract location: East of Village Parkway at Wineberry Way C . Tract size : Contains 133 lots d. Resolution approving Final Map : 184660 & 189769 (Alameda County) e . City streets affected: Locust Place, Wineberry Way, Mulberry Place, Locust Court, Mulberry Court WHEREAS, said improvements have been completed in accordance with said plans and specifications, and any approved modifications thereof, to the satisfaction of said City Engineer of the City of Dublin; and WHEREAS, as a condition of said contract, the subdivider is required to guarantee the improvements and to maintain the completed work for a period of one year following acceptance of the work by the said City of Dublin; and WHEREAS, as the tract work is now completed, the original performance bond security requirement can be reduced, in accordance with the authority contained in Section 66499 . 7 of the Government Code of the State of California, to an amount found necessary to guarantee maintenance of the completed work for the aforesaid one-year period; NOW, THEREFORE, BE IT RESOLVED that : 1 . The improvements completed within the said tract be and they are hereby approved and accepted subject to the aforesaid one-year guarantee; 2 . The aforesaid original performance bond security requirement be and it is hereby reduced from the amount of $514 , 000 to a revised security requirement in the amount of $128 , 500 and the replacement performance bond in the said amount of $128 , 500 be and it is hereby accepted as security for the aforesaid one-year guarantee period, and the Mayor of this City Council be and he is hereby authorized and directed to execute the said bond in duplicate on behalf of the said City of Dublin; and 3.. That the said original performance bond in the amount of $ , 000 posted in connection with the work involved in the construction of the said tract be and it is hereby released in full . PASSED, APPROVED AND ADOPTED this 23rd day of January, 1984 , by the following vote : Y� NOES : ABSENT : Mayor ATTEST : City Clerk \ ,-V `, i AYE t MBa \ o `N 9 1 \ x z \ L � •� r/.fit n � � ( / \ °'-ENO AK9 t^p y \ \ 9 � i 0 0} vp \\ o x LN 1 ' \ IENTARY wr � DUBLIN A 47% COMMUNITY s` 0AVON OR 7 SWIM CENTER •\ °� OAVONA DR. " \ ,n CT ItMERtCN N ,N L I4ERICK AVE. 1 Q LN JC DIF S Ff,ELD . PUSH AVE. CT DR J V C4,0 DUBLIN OR°F HIGH SCHOOL �v yc •. �.L.. OR, BRIGH r0ly OR o I H 1 1 )NCLD ^ Dta r u Bond No. ­9t�G327608 Premium: NONE INDEMNITY BOND COVERING MAINTENANCE AND OPERATIONAL EXPENSE TRACT NO. 4188 - 4736 LOT/UNIT 1 THRU 133 KNOW ALL MEN BY THESE PRESENTS : That we, A 1ADOR ASSOCIATES, a limited partnership hereinafter call- i ed Principal, as Principal, and Fireman ' s Fund Insurance Company hereinafter called Surety, are held and firmly bound unto the CITY OF DUBLIN as obilgee hereinafter call- ed owner in the penal sum of ONE HUNDRED TWENTY EIGHT THOUSAND i FIVE HUNDRED DOLLARS and NO/100 ($128 , 500 . 00***********) Dollars for payment whereof Contractor and Surety bind themselves , their i heirs, executive administrators, successors and assigns, jointly and severally, firmly by these presents . THE CONDITIONS OF THIS OBLICATION ARE SUCH THAT: WHEREAS Contractor has constructed subdivision improvement TRACT 4188 (changed to 4736 eff. 2-3-81) Dublin, California NOW, THEREFORE, the condition of this obligation is such that if contractor shall remedy any defects due to any faulty materials and/or workmanship which shall appear within a period of ONE YEAR from the date of acceptance by the CITY OF DUBLIN, then this obligation is to be void; otherewise to remain in full force and effect. Provided however that owner shall give Contractor and Surety notice of observed defect will reasonahlP nrmmnt-naGq_ CF 0054-1 (9$2) GENERAL PARTNER -LIMITED PARTNERSHIP A' E OF CALIFORNIA. (Ref: PTYtT R!W Title Matters Manual) ) .inty of Contra Costa 1} SS. this 17th day of January 19 84 ,before me Teri E. Dolan a Notary Public of the to of California,duly commissioned and sworn,personally appeared Doyle Heaton { personally known to me ❑proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as general partner on behalf of the Amador Associates Ltd. , 3 the limited partnership that executed the within instrument and acknowledged to me that such limited partnership executed the same. ' Witness my h n�d and official seal� *my OFF:C+A:COUNTY L TERi E. DNOTARY PUBLIC in and or said State W01ARr PUBLIC RNIA CONTRA COSCammtsslonExplr therein, duly commissioned and sworn, personally appeared JAMES C. JENKINS personally known to me probed-to-me-on-the-best3-of-3at+sfactory-ev*dente to be the person who executed the within instrument as Attorney-in-Fact on behalf of Fireman ' s Fund Insurance Company the Corporation therein named and acknowledged to me that the Corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal , on the ate set forth above in this certificate. OFFICIAL.DEL:26. 1985 MARIE V. DELSOL, Notary Public in and for the MARIE V.DELS NOTARYPUBUC-CAA County of Contra Costa, State of California CONTRA COSTA C My commission expires November 26, 1985 My Comm.Expires Nov.