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STAFF REPORT C I T Y C L E R K
DUBLIN CITY COUNCIL File # ^~~~-~~
DATE: June 22, 2010
TO: Honorable Mayor and City Councilmembers
FROM: . Joni Pattillo, City Manager
SUBJEC • Acceptance of Improvements for Traffic Signals at Dublin Boulevard and Fallon
Road and Dublin Boulevard and Lockhart Street
Prepared By: Mark Lander, City Engineer
EXECUTIVE SUMMARY:
The Lin Family and the Sierra Land Development Corporation have constructed the traffic
signal improvements at Dublin Boulevard and Fallon Road and Dublin Boulevard and Lockhart
Street in accordance with the Improvement Agreement for Traffic Signals at Dublin Boulevard
and Fallon Road and Dublin Boulevard and Lockhart Street. It is now appropriate for the City to
accept these improvements.
FINANCIAL IMPACT:
Sierra Land Development Corporation has provided a Warranty Bond (Bond No. 721233M)
issued by Developers Surety and Indemnity Company in the amount of $147,500.00 to
guarantee for one year the improvements associated with traffic signal improvements at Dublin
Boulevard and Fallon Road and Dublin Boulevard and Lockhart Street. The City will incur
annualized maintenance and energy costs estimated to be $ 5,000.
RECOMMENDATION:
Adopt the resolution Accepting Improvements for Traffic Signals at Dublin Boulevard and Fallon
Road and Dublin Boulevard and Lockhart Street.
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Supmitted By Revie ed B
City Engineer Assistant C anager
Page 1 of 2 ITEM NO. '• ~~
DESCRIPTION:
The City of Dublin entered into an Improvement Agreement with the Lin Family and the Sierra
Land Development Corporation in 2007 for the installation of traffic signal improvements at
Dublin Boulevard and Fallon Road and Dublin Boulevard and Lockhart Street. The completion
of these traffic signals was delayed at the request of the City until the City was ready to open
Dublin Boulevard to traffic.
The City is now ready to open Dublin Boulevard from Lockhart Street to Fallon Road and Sierra
Land Development Corporation has completed the installation of traffic signal improvements for
the Lin Family in accordance with the Improvement Agreement for Traffic Signals at Dublin
Boulevard and Fallon Road and Dublin Boulevard and Lockhart Street.
Sierra Land Development Corporation provided a PerFormance Bond and a Labor and Materials
Bond, issued by Developers Surety and Indemnity Company and dated June 8, 2007 (Bond No.
721233S), in the amount of $590,000.00 for the traffic signal improvements at Dublin Boulevard
and Fal~on Road and Dublin Boulevard and Lockhart Street. ~ These bonds may now be
released in accordance with the authority contained in §66499.7 of the Government Code.
Sierra Land Development Corporation has provided a Warranty Bond issued by Developers
Surety and Indemnity Company in the amount of $147,500.00 (Bond No. 721233M) as security
for the one-year warranty period for the improvements associated with the traffic signal
improvements at Dublin Boulevard and Fallon Road and Dublin Boulevard and Lockhart Street.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
No public noticing is required for accepting these improvements. A copy of Staff Report will be
sent to Jim Tong, the Lin Family's representative.
ATTACHMENTS: 1. Location Map
2. Resolution for the Acceptance of Improvements for
Traffic Signals at Dublin Boulevard and Fallon Road
and Dublin Boulevard and Lockhart Street, with
Warranty Bond included as Exhibit A to the resolution
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Page 2 of 2
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Dublin Boulevard/ Lockhart Street and Dublin Boulevard/
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ATTACHMENT I.
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RESOLUTION NO. - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ACCEPTANCE OF IMPROVEMENTS FOR TRAFFIC SIGNALS AT DUBLIN BOULEVARD
AND FALLON ROAD AND DUBLIN BOULEVARDAND LOCKHART STREET
WHEREAS, the Lin Family and the Sierra Land Development Corporation entered into
an Improvement Agreement with the City of Dublin on September 4, 2007, to construct traffic
signal improvements at Dublin Boulevard and Fallon Road and Dublin Boulevard and Lockhart
Street, in accordance with the approved plans; and
WHEREAS, the traffic signal improvements at Dublin Boulevard and Fallon Road and
Dublin Boulevard and Lockhart Street are complete in accordance with said plans, and any
approved modifications thereto, to the satisfaction of the City Engineer; and
WHEREAS, the PerFormance Bond, and the Labor and Materials Bond can be partially
released, in accordance with the authority contained in §66499.7 of the Government Code of
the State of California;
NOW, THEREFORE, BE IT RESOLVED that:
The improvements associated with the traffic signals at Dublin Boulevard and
Fallon Road and Dublin Boulevard and Lockhart Street are hereby approved and
accepted subject to a one-year guarantee period; and
2. The traffic control devices installed by the developer are hereby included in the
City of Dublin Traffic Code, said regulatory devices include the following:
a) Traffic signal at the intersection of Dublin Boulevard and Lockhart Street.
b) Traffic signal at the intersection of Dublin Boulevard and Fallon Road.
c) "No Parking Anytime" traffic control devices on the north and south sides of
Dublin Boulevard between Lockhart Street and Fallon Road.
3. The original Performance Bond issued by Developers Surety and Indemnity
Company dated June 8, 2007 (Bond No. 721233S) in the amount of $590,000.00
for the traffic signal improvements at Dublin Boulevard and Fallon Road and
Dublin Boulevard and Lockhart Street be released; and
4. The Labor and Materials Bond issued by Developers Surety and Indemnity
Company dated June 8, 2007 (Bond No. 721233S) in the amount of $590,000.00
for the traffic signal improvements at Dublin Boulevard and Fallon Road and
Dublin Boulevard and Lockhart Street be released; and
ATTACHMENT
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5. The submitted Warranty Bond (Exhibit A to the resolution) issued by Developers
Surety and Indemnity Company in the amount of $147,500.00 for the
improvements associated with the traffic signal improvements at Central Parkway
and Fallon Road (Bond No. 721233M) be accepted as security for the aforesaid
one-year warranty period, said period to commence on this date and terminate on
the 22nd day of June, 2011.
PASSED, APPROVED AND ADOPTEDthis 22nd day of June, 2010, by the following
vote:
YES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Caroline Soto, City Clerk
Tim Sbranti, Mayor
G:\DEVELOPMENT, PRIVATE\Dublin Ranch\Infrastructure\Dublin Blvd (Lockhart-Fallon)\reso signal accept.doc
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Bond No: 721233S-M
WARRANTY BOND
Know all men by these presents: that we, Sierra Land Development Corporation, as Principa~,
and the Developers Surety and Indemnity Company, a corporation licensed to do business in
the State of California, as Surety, are held and firmly bound unto the City of Dublin, as Obligee, in
the full and just sum of one hundred forty seven thousand and five hundred dollars
($147,500.00), lawful money of the United States of America to the payment of which sum, well and
truly to be made, the Principal and the Surety bind themselves, their successors and assigns, jointly
and severally, firmly by these presents.
The condition of this obligation is such that, whereas the principal has entered into an
Improvement Agreement for Traffic Signals at Dublin Boulevard 8~ Fallon Road, and Dublin
Boulevard ~ Lockhart Street with the Obligee that includes traffic signal Improvement in the
City of Dublin.
AND WHEREAS, Said Agreement provided that the Principal guarantee against defective materials
and workmanship in connection with said Improvements for a period of one year following
acceptance of said Improvements.
NOW, THEREFORE, if the Principal shall indemnify the Obligee for all loss that Obligee may
sustain by reason of any defective materials or workmanship which become apparent during the
period of one year from and after acceptance of said improvements by Obligee, then this obligation
shall be void; otherwise it shall be in full force and effect.
All suits at law or proceedings in equity to recover on this bond must be instituted within one year
after the expiration of the maintenance period provided for herein.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, this 4th day of ~une , 2010.
Surety and
BY: ~aJ lN~~~~- ~ ~ ~ ~ ,~~3 ~~ (
yne~tu ~i k -Attorney-in-Fact
EXHIBIT ,
TO the RPCnIi itinn
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POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMN[TY COMPANY
INDEMNlTY COMPANY OF CALIFURNIA
PO BOX l9725, IRVINE, CA 92623 (949) 263-3300
KNOW ALI, MEN BY THESE PRESENTS, that except as expresaly limited, DEVELOPERS SURETI' qND INDEMN[TY COMPANY and INDEMNITY
COMPANY OF CALIFORN(A, do each, hereby make, constiptte and appoint:
***Wayne M. Rudick, Jeanne A. Winter, Margaret D. Hotting, jointly or severally***
as dieir true and lawful Attomey(s}in-Fact, to make, execvte, deliver and acknowledge, for eud on behalf of said co~oratiorts, as swetics, bonds, underb~ipgs
+ud conuu~ of sureryship y1Wng and grantlny unto said Attomey(s}in-Fact full power and authority to do and to perfonn every ad necessary, requis]t~ or proper
t° be dono in connxbon Nterewith as each of said corporebons could do, but reserving to esch of said corporations ful~ powa of substitudon and revocation, and
a!1 of the ads of seid Attomey(s)-in-Fact, pursuant to these presentc, are haeby retifiod and con6rmed.
7hie Powor oEAttomcy is grantod end is nignod by facsimilc m~dcr and by autLority uf ILa Cullawiug rreulu~iunb adop[ed by tbe tespoctive Bofltd of Direc[ocs of
DEVELOPERS SURETY APED INDEMN[TY COMPANY and INDEMNITY COMPANY pF CALIFORNIA, effecuve as of November l, 2000:
RESOLVED, that the Chairman ot the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorizod co
eacecute Powen of Atlomey, qualifying the ottutn¢y(s) named ia dse Powers ofANOmey to oeeoute, on behalf of the oorporedons, bonda, undcrtskings a~ ~~~
af ~ty~~P: ~-d that the Secretary a any Asaistsnt Secretary of the corpoiations be, and each of them bereby is, authorized to attest the execution of any sue6
Power ofAttomey;
RESOLVED, FLIRTHER, that the siQrtatures of nuch oPticers may be af~ixed tn any such Pnwer nf Anorney or to any cer~ificate rekting thereto by
fACSirnile, and ury such Power of Attorney or certi6cate bearing such facsimile signatures shail be valid and binding upon thc corporstion when so affuced and in
d~e fudue with respect to any bond, undertaking or coatract of sureryship to w6ich it is auached.
IN W[1'NESS WHEREOF, DEVELOPERS SURETY AND INDEMNiTY C~MPANY and INDEMNITY COMPANY OF CAL[FORNIA have scverslly caused
th~se ptesents to 6o sigaed by theit respective Executive Vice President and attested by their respective Sxretary this 1st day of December, 2005.
~y. ' NHMIN~~I~
Dav~d H. Rhodes, Executive Vice-President ~~r,.~Mp,~N~
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WalberA. Crowdl, Sccretary ~{,`'~-~z•y ~,,,,~. ..•'
STATE OF CALIFORNIA
COUNTY OF ORANGE
On Ikcember I, 2005 before me, Gina L. Gamer, (here inurt name and title of the officer~ personally ap~eamd pavid H. Rhodes and Waltes A. Croweil,
ptrsooaily known to me (or p~ovod to me on the basis of satisfactory evidence) to be the pcrson(s} whose name(s) is/are subscribed w the within insWmrnt and
ackoowlodgod to me that helst-dthev ezecuted the same in hisTha/their authorizod capacicYliesl. actd that hv hislherlthdr si9a~atwels) oa che {nahucnan the person(sl.
or the entiry upem be6alf of which the person(s) aeted, exccuted the insaument.
WITNESS my hand and ot~'icial seal, ~
GINA L QARNER
C011~. #t 1569561
5i~nanue ~ (SEAL) ~ NOTAHii PUBUC CAL~A ~
ORANGE COW~ITtf
~amt t3.200P
CERTIFICATE
7be undasigned, as qssistant Secrttary, of DEVELOPERS SURETYAND IND$MNITY COMPANY and ItJDEMINCCY COMPANY OF CAI,IFORMA,
does hereby arntify that t6e foregoing Power of Attorney remains in full force nnd hes not bocn tevoked, and [i~ttbcrnwxe, that t6e provisiona of ehc resolutioos of
the ee+Poctive Bwrdc of Directars of said co:poradons set foRh ia the Power of Attornty, are in force sa of the date of fhu Certi6cate.
'I7~is Certificate is ezacuted in the Ciry of [rvine, Catifmnia, the 4th d$y of June . 2010
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By
A1beR Hi11~b+and, Assistaet 5ecrctary
W-1380 ERev. t2/05)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of A I o~r~ ~da
On _l~l1Ur1Q ~`l~a~~~ before me, ~r~fQ.A ~-• ~' l IV v~~~~~c ,
Da Here Insert N and Title ot the Off r
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personally appeared
who proved to me on the basis of satisfactory evidence to
be the person(~} whose name is subscribed to the
within instrument and acknowledged to me that
(~e s4~e#h~g executed the same in hi ~eir authorized
capacity~, and that b~ber,~t~ie'+r signatureQ~j on the
instrument the person~, or the entity upon behalf of
which the person(~1 acted, executed the instrument.
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~~• ~ I certify under PENALTY OF PERJURY under the laws
~°~0~ ~~~~75 of the State of California that the foregoing paragraph is
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Abmsdo County
MyComm. ExpM~e~..hx~26. 2011
WITNESS my hand and official seal.
Signature~ _ ~J~L4 ~.CJI~CQ-
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ~Qt('N~Q~~t~~~Vl(~
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Document Date: ~t1~1~Q. b`1.. o~~~~ Number of Pages: ~
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ~J~1~~ ~. '~1~jC~ ~~ ner's Name:
^ Individual ~ I~Tsiividual
^ Corporate Officer - Title(s): _
^ Partner - ^ Limited ^ General
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^ Trustee
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Signer Is Representing:
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^ Other: __ _
Signer Is R~esenting:
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ACKNOWLEDGMENT
State of California
County of A~~M~~,~- )
On Su+~E ~k ,~~~~ before me, MtG+~~6~ ~,~rtr NcTC~~ Pc1~y,C,~
(insert name and itle of the officer)
personally appeared SP~.MF~ "~o^~ t~
who proved to me on the basis of satisfactory evidence to be the person whose name,(~j is/~
subscribed to the within instrument and acknowledged to me that he/s~f~ey'~executed the same in
his/ r/~ir authorized capacity~ and that by his/h~'/tlb~fr signature~n the instrument the
person~or the entity upon behalf of which the persor~a~acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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