HomeMy WebLinkAboutItem 3.4 FMTr 4978 (2) •
CITY OF DUBLIN
AGENDA STATEMENT
MEETING DATE : May 29, 1984
SUBJECT APPROVAL OF FINAL MAP - TRACT 4978 (Gelderman)
EXHIBITS ATTACHED Resolution - Acceptance of Final Map; Tract
Developer Contract; Irrevocable Letter of
Credit; Insurance Certificate; Reduced map
('011
RECOMMENDATION Approve Resolution Accepting Final Map Tract 4978
FINANCIAL STATEMENT: None at this time.
Staff ' s time is 'being paid by developer for
processing and inspection. After acceptance of
improvements, City will take on maintenance of •
Sierra Lane extension and that portion of Dougherty
Rd. fronting this. subdivision.
DESCRIPTION Improvement plans and the Final Map for Tract 4978
have been reviewed and found to be in conformance
with the Tentative Map and conditions approved by
Alameda County (December 1, 1981, 5 commercial
lots located off Dougherty Rd. being an easterly
extension of Sierra Lane) .
A subdivision agreement, securities and an
insurance certificate have been submitted guar-
. anteeing the construction of improvements within
the subject tract.
As this subdivision is commercial rather than
residential, no park land dedication is required.
ITEM NO. . 4 COPIES TO: Developer and
Developer' s Engineer
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RESOLUTION NO.47 - 84
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ACCEPTANCE OF FINAL MAP
TRACT NO. 4978
WHEREAS, the Final Map of Tract No. 4978 in the incorporated
territory of the City of Dublin, State of California has been presented
to this City Council for approval, all in accordance with the provisions
of the Subdivision Map Act of the State of California and the Ordinance
Code of the County of Alameda, as adopted by the City of Dublin; and
WHEREAS, the Developer, James H. Geldermann, Nelson S. Wright
and J. C. Forsyth, Heirs or Devisees of Harlan S. Geldermann, deceased,
has executed and filed with this City Council a contract to improve
Tract No. 4978 in accordance with the Final Map of said Tract No. 4978,
the Tract Improvement plans and the specifications attached thereto; and
WHEREAS, said contract is secured by a letter of credit in the
amount of($460,OOO.OO) which, by its terms, is made to inure to the City
of Dublin, conditioned upon the performance of said contract, and is also
made to inure to the benefit of laborers and materialmen upon such work
and improvements, conditioned upon the payment of such laborers and
materialmen for labor performed or material furnished under the terms of
said contract;
NOW, THEREFORE, BE IT RESOLVED that said contract and
securities be and they are hereby approved, and the Mayor of this Council
be and he is hereby authorized and directed to execute said Contract on
behalf of the City of Dublin; and
BE IT FURTHER RESOLVED that the Final Map of Tract No. 4978 be
and the same is hereby approved; and that Sierra Lane and Doughertv Road
as shOw:1 on said map, be and it is hereby accepted as a City Road; subject
to improvement in accordance with the approved plans and specifications,
in conformity with the terms of the Offer of Dedication; and that those
strips of land designated as "P.U.E." or "Public Utility Easement",
II S. D. E. II or II Storm Drain Easement II, as offered for dedication to public
use in conformity with the terms of dedication, be and they are hereby
accepted or rejected as indicated on the Final Map certificate sheet;
and that the Clerk of this City Council be and is hereby directed to
transmit said map to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 29th day of May, 1984.
AYES:
NOES:
Councilmernbers Hegarty, Jeffery, Moffatt, Vonheeder
and Mayor Snyder
None
ABSENT: None
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Ci ty Clerk
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CITY OF DUBLIN - TRACT DEVELOPER CONTRACT
This contract is by and between the City of Dublin, a political
subdivision of the State of California, acting by and through its City Council
hereinafter called City, and James H. Geldermann, Nelson S. Wright and J.C.
. Forsyth, Heirs or Devisees of Harlan S. Geldermann, deceased
hereinafter called DEVELOPER.
WIT N E SSE T H
A. It has been determined by the City Council of the City of Dublin
State of California, that DEVELOPER, as a subdivider, desires to dedicate and
improve Sierra Lane, Tract 4978
in accordance with (1) the requirements and conditions set forth within Alameda
County Planning Commission Resolution No. 81-46, Adopted December 4, 1981. (2)
the requirements of the Subdivision Man Act of the State of California and the
Subdivision Ordinance of the City of Dubl in, and (3) those certain plans and
specifications for the aforesaid development approved by the aforesaid City Council
and now on file in the office of the City Engineer, City of Dublin, which said
plans and specifications are hereby referred to as a more definite and distinct
description or the work to be performed under r~i~ contract, and are hereby made
a part of this contract the same as though fully set forth here,n.
B. In consideration of the foregoing, and the further consideration of
the offers of dedication made by DEVELOPER and acceptance of all such appl icable
and acceptable offers by CITY, DEVELOPER agrees to complete the required work
within the time hereinafter specified, which consideration is hereby deemed and
declared to be in full satisfaction for the performance of all acts and things
to be done and performed by DEVELOPER. The DEVELOPER, for himself, his heirs,
executors, administrators, successors and/or assigns, hereby promises, convenants
and agrees with CITY that DEVELOPER will honestly and faithfully do and perform
the work herein referred to and wi 11 furnish all the labor and material necessary
therefor in strict accordance with the aforesaid plans and specifications and the
terms of this contract, and upon the completion of the work provided for by the
terms of this contract, DEVELOPER will deliver the completed work to CITY'S
City Engineer or his authorized representative and will furnish City's City
Engineer with one complete reproducible set of the final As-Built Plans showing
any and all authorized modifications.
C. In consideration of the performance and accomplishment of all the
acts and things to be done and performed by DEVELOPER as hereLn provided, CITY
agrees to accept al I appl icable and acceptable offers of dedication upon the
completion of all work as required by this contract.
NOW, THEREFORE, IT IS HEREBY MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN
CITY AND DEVELOPER AS FOLLOWS:
1. TIME FOR COMPLETION. DEVELOPER will start the work provided for by
this contract within 30 days from and after the date of contract execution by
CITY and shall complete all required work within 365 days from and after the date
of execution of this contract by CITY, time being of the essence hereof.
2. BONOS REQUIRED. DEVELOPER shall furnish CITY with two bonds executed
on CITY prescribed bond forms, said bonds to b~ (al submitted concurrently with
and as part of this contract following execution thereof by DEVELOPER, (b) issued
by a company duly and legally licensed to conduct a general surety business in the
State of California, and (c) issued in the amount of and for the purposes specified
below:
a. One bond conditioned upon the Faithful Performance of this contract
by DEVELOPER according to the terms and provisions herein, said bond to be in the
pena I sum of
b. One bond conditioned upon the Payment of' all claims for labor
and materials used or consumed in the performance of this contract, in accord-
ance with any law of the State of Cal ifornia requiring the same and with Ti'tle .15:
(Commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the
State of California, said bond to be in the penal sum of
In lieu of the required bonds DEVELOPER may furnish to CITY a letter of credit in
form and amount acceptable to CITY.
3. INSURANCE REQUIRED. DEVELOPER shall furnish CITY with evidence of
insurance coverage as specified below, such evidence to be submitted concurrently
with and as part of this contract following execution thereof by DEVELOPER.
a. Workers' Compensation Insurance. Statutory coverage as required
to cover the full liability of DEVELOPER in accordance with:the provisions of
Division IV of the Labor Code of the State of California, and an employer's
liability insurance coverage with a limit of not less than $100,000 per occur-
rence to cover any claims arising from employment not covered by workers' c~~-
pensation laws.
b. Comprehensive General Liability Insurance. Minimum limits CC
liability shall be no less than $1,000,000 per occurrence combined sinSh li:--'t
bodily injury and property damage coverage; any deductible provision sheli rc:
exceed $1,000 per claim, and each and every pol icy must contain a cross liability
or severability of interests clause.
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c. Comprehensive Automobile Liability Insurance. Minimum limits of
1 iability shall be nO less than $1,000,000 per occurrence combined single limit
bodily injury and property damage coverage; coverage shall include owned, non-
owned, and hired vehicles, and each and every policy must contain a cross liabil ity
of severability of interests clause.
d. Other requirements. All insurance policies shall be issued
by a company legally licensed to transact business in the State of California,
shall be issued at DEVELOPER'S own cost and expense, shall be maintained by
DEVELOPER in full force and effect during the life of this contract, and ",'Jst
have an "A.M. BEST" rating B+, X or better. All certificates of insurance
shall name the CITY and its officers, agents and employees as additional in-
sureds, shall contain a provision that a written notice of cancellation or
reduction in coverage shall be furnished the CITY ten days in advance of the
effective date thereof, and shall state that such coverage is primary to any
other-,coverage of CITY.
4. WORK PERFORMANCE AND GUARANTEE. DEVELOPER shall secure the services
of those skilled in the trade, profession, or calling necessary to perform the
work to be accomplished under the terms of this contract, and shall guarantee
and maintain the work for a period of one year following the completion and
acceptance thereof against any defective workmanship or defective materials
furnished in the performace of this contract, and any acceptance of the work by
CITY will not operate as a release to DEVELOPER or DEVELOPER'S bondsmen 'from
the aforesaid guarantee.
5. INSPECTION OF THE WORK. DEVELOPER 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 all materials and work-
manship which are not in accordance with the plans and specifications; and
all such materials and/or work shall be removed promptly by DEVELOPER and replaced
to the satisfaction of CITY without any expense to CITY in strict accordance
with the improvement plans and specifications.
6. CONTRACT ASSIGNMENT. This contract shall not be assigned by
DEVELOPER without the written consent of CITY.
7. ABANDONMENT OF WORK. If the work to be done under this contra~t
is abandoned, or if the contract is assigned by DEVELOPER without written consent
of CITY, or if CITY through its City Engineer determines that the said wGrk
or any part thereof is bein~ unnecessarily or unreasonably delayed or tn~t
DEVELOPER is willfully violating any of the conditions or covenants of this
contract or is executing this contract in bad faith, the CITY shall have the
power to notify DEVELOPER to discontinue all work or any part thereof un~~r this
contract, and thereupon DEVELOPER shal I cease to continue the work or succ part
thereof as CITY may designate, and CITY shall thereupon have the power to
obtain by contract, purchase, rental or otherwise, all labor, equipm~nt:. and
materials deemed necessary to complete the work and to use such m2teria1; as
may be found upon the line of such work. DEVELOPER and his sureties shall be
liable for all expenses incurred by CITY for the acquisition and use of such
labor, equipment, and materials.
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8. USE OF STREETS OR IMPROVEMENTS. At all times prior to the final'
acceptance of the work by CITY, the use of any or all streets and improvements
wi thin the work to be performed under thi s contract shal I be at the sole and
exclusive risk of DEVELOPER. This issuance of any building or occupancy permit
by CITY for dwellings located within the tract shall not be construed in any
manner to constitute a partial or fin~l acceptance or approval of any or all
such improvements by CITY, DEVELOPER agrees that CITY'S Building Official
may withhold the issuance of building or occupancy permits when the work or its
progress may substantially and/or detrimentally affect public health and safety.
9. SAFETY DEVICES. DEVELOPER shall provide and maintain such guards,
watchmen, fences, barriers, regulatory signs, warning lights~ and other safety
devices adjacent to and on the tract site as may be necessary to prevent
accidents to the public and damage to the property. DEVELOPER 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 contract, 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 sites. of
the werk by the DEVELOPER, and the entire site left clean and orderly~
10. ACCEPTANCE OF WORK. Upon notice of the completion of all tract
work and the del ivery of a set of final as-bui lt plans to CITY by DEVELDPER,
CITY, through its City Engineer or his designated representative, will proceed
to examine the tract work without delay, and, if found to be in accordance
with the aforesaid plans and specifications and this contract, will accept
the work and will notify DEVELOPER or his designated agents of such acceptance.
11. WAGE RATE. DEVELOPER, his prime contractor, and all subcontractors
performing the work or any portion thereof:
a. shal I pay all workmen employed by them on said work a salary or
wane at least equal to the prevailing salary or wage for the same quality of
service rendered to private persons, firms or corporations under similar employ-
ment, which salary or wage shall ~ot be less than the general prevailing rate
of per diem wage for work of a similar character in the locality in which the
work is performed, and not less than the general prevailing rate of per diem
wages for legal holidays and overtime work, and which salary or wage shall be
not less than the stipulated wages contained in a schedule thereof which has
been ascertained and determined by the Director of the Department of Industrial
Relations, State of California, and which is now on file with the Public Works
Department and by reference incorporated herein, and made a part hereof; (b)
agree and understand that eight hours labor shall constitute a day's work for
anyone calendar day on said work, and that no workman employed by th~~ o~ tho
work or any part thereof shall be required or permitted to work thereupon r.~re
than eight hours in anyone calendar day, and forty hours in anyone calendar week
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unless such workman is compensated for all hours worked in excess of eight hours
per day or forty hours per week at a rate not less than one and one-half (1-1/2)
times his basic rate of pay; (c) shall keep an accurate record showing the names
and actual hours worked of all workers employed by him on the said work, which
record shall be open at all reasonable hours to the inspection of the First
Party or its agents, and to the Chief of the ,Division of Labor Statistics and
Law Enforcement of the Department of Industrial Relations, his Deputies or
agents.
12. LABOR CODE PENALTIES. DEVELOPER shall forfeit to CITY, as a
penalty, the sum of twenty-five dollars ($25.00): (a) for each workman on said
work who is required or permitted to labor more than eight hours in anyone
calendar day or forty hours in anyone calendar week in violation of the provi-
sions of Article 3 of Chapter 1 of part 7 of Division 2 of'the Labor, Code of the
State of California; and (b) for each workman on said work employed for each
calendar day, or portion thereof, who is prtid less than the said stipulated
rates for work done under this contract in' violat ion of the ,"provisions 'of
Article 2 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State
of California.
13. AFFIRMATIVE ACTION. No discrimination shall be made in the employ-
ment of persons under this contract because of the race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status,
or sex of such persons, except as provided in Section 1450 of the Labor Code of
the State of Cal ifornia. Any violation of this requirement will subject;
DEVELOPER toal1 the penalties imposed for a violation of Chapter 1 of Part 7
of Division 2 of the aforesaid Labor Code.
14. PATENT RIGHTS. If any material, composition, process or any other
thing as called for or required by the aforesaid plans and specifications is
covered by patent rights, copyrights, or trade names, all royalties and expenses
therefore, all litigation therefrom, or other things whatsoever which may 'develop
as a cost from the use or such material, composition, process or any other thing
which is covered by patent rights, copyright;s, or trade nameS shall be tcrne
soley by DEVELOPER.
15. ALTERATIONS IN PLANS AND SPECIFICATIONS. Any alteratio0 cr
alterations made in the plans and specifications which are a part of this
contract or any provision of this contract shall not operate to release ar.y
surety or sureties from 1 iabil ity on any bond or bonds attached heretc d~~ ~3de
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 th~ Civil
Code of the State of Claifornia.
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16. LI AB I L I TY
a. DEVELOPER shall be held responsible for any and all loss,
accident, neglect, injury or damage to person, life or property which may be the
result of or may be caused by construction, operations, or execution of this
contract, and for which CITY might be held liable. DEVELOPER shall protect
and indemnify the City of Dublin, the City Council, the City Engineer' and/
or any officer, agent or employee of City, and save them harmless in every way"
fromallsuits or actions at law for damage or injury to persons, life or
property that may arise or be occasioned in any way because of constructio~
operations or execution of this contract.
b., DEVELOPER shall be fully responsible' for accidents to the publ ic
and/or damge to public and private property on and off the site of the work.
c. Neither CITY nor ~ny of its officers, employees, or agents
shall be liable to DEVELOPER or his contractOrs or subcontractors or agents for
any error or omission arising out of or in connection with any work or other
obligation to be performed under this contract.
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d. If any design defect in the work of improvements, which may sub-
stantially affect public health or safety, or unduly increases ongoing maintenar.ce
costs, manifests itself during the course of construction or within one year after
acceptance of the improvements, DEVELOPER shall correct the defect at his own
cost and expense, and his bondsmen guarantees the same, upon order of CITY'S
City Engineer.
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e. In the event suit is brought upon this contract by CITY and
judgement is recovered by CITY, DEVELOPER shall be liable to CITY for
court costs and for reasonable attorney'S fees.
f. Any action commenced in connection with any alleged violation of
this contract shall be deemed to be an action upon a contract, obligation or
liability founded' upon an instrument in writing, for the purpoSe of determining
the period within which an action must be commenced. Any action hereon shall be
filed in a court of competent jurisdiction within Alameda County, as the proper
place of venue, and the laws of the State of California shall govern the obliga-
tionS of the parties hereto.
executed by
day of
198
day of
198
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
their duly authorized respective officers, by DEVELOPER this
and by CITY this
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DEVELOPER
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Geldermann
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CITY OF DUBLIN,
'Mayor, 'c i ty Counc i 1
D;abl~
Bank
"Where You've Got A Friend"
Hay 11, 1984
City of Dublin
Lee Thompson, City Engineer
P. O. Box 2340
Dublin, Ca 94568
Subject: Irrevocable Letter of Credit No. 1155
Gentlemen:
We hereby establish our irrevocable Letter of Credit No. 1155 in your favor,
for the account of The Estate of Harlan S, Geldermann and James H. Geldermann,
P. O. Box 415, Danville, Ca 94526, to the extent of U.S. $Four hundred sixty
thousand and noll00 ($460,000) available by your drafts at sight, drawn on
us accompanied by the following document:
A signed statement by an authorized offical of the City of
Dublin stating that the money is due.
Partial drawings are permitted.
The amount of this Letter of Credit may be reduced from time to time at the
v~ti0n of the beneficiary upon request of the, applicant and by amendment of
the issuing Bank, as required improvements have been made in accordance with
the Final tfup for subdivision No. 4978.
All drafts drawn under this Letter of Credit must be marked, "Drawn under
Diablo Bank, Letter of Credit No. 1155 dated May 11, 1984.
We hereby engage with you that drafts drawn under and in compliance with the
terms of this Letter of Credit will be duly honored if drawn and presented
to us on or before (1 year).
This Letter
Documentary
publication
of Credit is subject to the Uniform Customs and Practice for
Credits, 1974 Revision, International Chamber of Commerce,
No. 66499.10.
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Main Office. 156 Diablo Road. P,O. Box 784 . Danville, California 94526 . 415/820<"::1
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COMPANIES AFFORDING COVERAGES
COOPER & COOK INSURANCE SERVICES
P. O. BOX 299
HAYWARD, CALIFORNIA 94543
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INCLUDES CROSS LIABILITY k'lD SEVERIBILITY OF INTEREST ENDORSEHENT
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CITY OF DUBLIN, IT'S OFFICERS'
k'lD EMPLOYEES
P. O. BOX 2340
DUBLIN, CALIFO&'lIA 94568
AGENTS'
ATTN:
LEE THO~WSON, CITY ENGINEER
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