HomeMy WebLinkAboutItem 4.06 OpusWestHaciendaDrC IT Y CLERK FILE # 600-60
AGENDA STATEMENT
CTTY COUNCTL MEETING DATE: March 5, 2002
SUBJECT:
Approval of Agreement with Opus West Construction Corporation
For Construction of Improvements on Hacienda Drive and Dublin
Boulevard
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
2)
Resolution Approving Agreement with Opus West
Construction Corporation for Construction of Improvements
on Hacienda Drive and Dublin Boulevard
Agreement
tx/'
RECOMMENDATION:/"1 J,/~ Adopt Resolution Approving Agreement with Opus West
'~6/"c\~ Construction Corporation for Construction of Improvements on
Hacienda Drive and Dublin Boulevard
FINANCIAL STATEMENT:
Opus West Construction Corporation will pay for the costs of design
and improvements on Hacienda Drive and Dublin Boulevard
fronting the Hacienda Crossings project.
DESCRIPTION: As required by the Conditions of Approval for Parcel Map 7116
(Hacienda Crossings Shopping Center), Opus West Construction Corporation is responsible for the design
and construction of a northbound right-turn lane on Hacienda Drive between the southerly driveway and
Dublin Boulevard, and for an eastbound right-turn lane on Dublin Boulevard between Hacienda Drive and
Hibernia Drive at the Hacienda Crossings Commercial Center project. Opus West desires to close out the
Hacienda Crossings Shopping Center project and enter into an Agreement with the City of Dublin at this
time to construct these improvements.
In accordance with the terms of the agreement, Opus West has an existing bond of $4,656,921.36, of
which $300,000 is designated for the right-tm improvements along Hacienda Drive, Dublin Boulevard
and landscape frontage improvements along the site. Opus West intends to start constructing the
improvements in April, with completion of the project expected by September 1 st of this year.
Staff recommends that the City Council adopt the resolution approving .the agreement with Opus West
Construction Corporation for construction of roadway improvements.
COPIES TO: OPUS West
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ITEM NO.
RESOLUTION NO. - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH OPUS WEST CONSTRUCTION CORPORATION
FOR THE CONSTRUCTION OF RIGHT-TURN LANES ON
HACIENDA DRIVE AND DUBLIN BOULEVARD
WHEREAS, Parcel Map 7116, in the incorporated territory of the City of Dublin, State of
California, was approved by the City Council on September 16, 1997, by Resolution No. 110-97; and
WHEREAS, the Development Agreement for the project requires that the Developer of the
project, among other things, design and construct a northbound right-turn lane on Hacienda Drive between
the southerly driveway of the Hacienda Crossings Commercial Center Project and Dublin Boulevard, an
eaStbound right-turn lane on Dublin Boulevard between Hacienda Drive and Hibernia Drive~ and
landscaping frontage improvements adjacent to the Hacienda Crossing Commercial Center Project
development; and
WHEREAS, the Developer desires to close out the Hacienda Crossings Commercial Center
Project and construct these improvements at this time; and
WHEREAS, the Developer, .Opus West Construction Corporation, has executed and filed with the
City of Dublin an agreement for completion of this work and secured by a surety bond in the amount of
$4,656,921.36, of which $300,000 is designated for the construction of these roadway and landscape
frontage improvements;
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the agreement with
Opus West Construction Corporation for construction of right-turn lanes on Hacienda Drive and Dublin
Boulevard and landscape frontage adjacent to the Hacienda Crossing Commercial Center Project
development.
PASSED, APPROVED AND ADOPTED this 5th day of March, 2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk ~o~,
CITY OF DUBLIN
TRACT .DEVELOPER AGREEMENT
This agreement is made and entered into this day of March, 2002, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
OPUS West Corporation, a Minnesota Corporation, hereinafter referred to as "DEVELOPER".
WITNESSETH
WHEREAS, it has been determined by the City Council of the City of Dublin, State of
California, that DEVELOPER, as a subdivider, desires to improve certain public improvements
and to construct certain private improvements in accordance with the requirements and
conditions set forth within the approval by the Community Development Director on December
1, 1997; entitled "Conditions of Approval", the requirements of the Subdivision Map Act of the
State of California and the Subdivision Ordinance of the CitY of Dublin; and those certain plans
and exhibits relating to Parcel Map 7223 and now on file in the office of the Public Works
Director/City Engineer, which are hereby referred to for a more definite and distinct description
of the work to be performed under this Agreement as though set forth at length herein;
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of
California, that DEVELOPER desires to improve the following improvements (hereafter
collectively "The Improvements"):
Improvement of Hacienda Drive. DEVELOPER shall construct a northbound right-turn
lane on Hacienda Drive at Dublin Boulevard as follows:
DEVELOPER shall construct one 12-foot wide right-turn lane on Hacienda Drive in the
northbound direction from project main entrance to Dublin Boulevard, as per Conditions
of Approval Number 29 and improvement plans prepared by Kier & Wright, dated July
28, 2000 (Revision #3) and Gates and Associates landscape drawings dated 3/10/00
and City of Dublin striping .plans SS-1 and traffic signal plans TS-1 and TS-2 4/27/00 for
the Hacienda Crossing Project, and to the satisfaction of the Director of Public Works.
The Hacienda Drive improvements shall include the ultimate curb, final pavement
section, sidewalks, appropriate drainage structures, relocation of utilities, street lights,
and the affected landscaping. A diagram showing the Hacienda Drive Improvements is
attached as Exhibit A.
Improvement of Dublin Boulevard. DEVELOPER shall construct an eastbound right-
turn lane on Dublin Boulevard into the project at the west entrance on Dublin Boulevard
as follows:
DEVELOPER shall construct one 12-foot wide right-turn lane on Dublin Boulevard from
Dublin Boulevard to Hibernia Drive as per Conditions of Approval Number 28 and
improvement plans prepared by Kier & Wright, dated July 28,2000 (Revision #3) and
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Gates and Associates landscape drawings dated 3/10/00 and City of Dublin striping
plans SS-1 and traffic signal plans TS-1 and TS-2 4127/00 for Hacienda Crossing
Project, and to the satisfaction of the Director of Public Works. The Dublin Boulevard
improvements shall include the ultimate curb, final pavement section, sidewalks,
-appropriate drainage structures, relocation of utilities, street lights and the affected
landscaping. A diagram showing the Dublin BOulevard Improvements is attached as
Exhibit A.
DEVELOPER shall construct all scope of work listed on the punch list walkthrough
dated February 25, 2002, as written by Travis Baker with Opus West Construction
Corporation. A copy of the Punch List "Scope of Work" walkthrough is attached as
Exhibit B.
WHEREAS, Developer intends to satisfactorily complete the required improvement
within the time hereinafter specified, and City intends to accept Developer's offer(s) of
dedication of said public improvement(s) in consideration for Developer's satisfactory
performance of the terms and conditions of this Agreement:
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1. Completion Time.
DEVELOPER will commence construction of The Improvements within thirty (30) days
following April 1,2002 and shall complete such improvements by December 31, 2002. Time is
of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a
complete and reproducible set of final as-built plans of The Improvements, including any
authorized modifications. DEVELOPER shall complete such ImprovementS no later than one
year following execution of this agreement.
2. Security for Performance. As guarantee for Developer's faithful performance
and labor and materials hereunder, DevelOper shall make and deliver to City with a
Performance Bond in the amount $4,656,921.36 of which $300,000 represents the estimated
cost of engineering, materials, and construction of the work required by this. agreement, and a
Labor and Materials Bond in the amount $2,328,460 of which $300,000 is the cost of
engineer, material and construction.
Upon timely completion of the work required herein to the satisfaction of the
Director of Public Works and upon Developer's delivery of one year maintenance surety bond
satisfactory to the Director of Public Works, along with a written request for release of the
Performance Bond, City shall have 45 days to release the bond.-
3. Insurance Required. Concurrently with the execution of this Agreement,
Developer shall furnish City with evidence of insurance coverage as specified below.
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'. a. Worker's 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 occurrence to cover any claims arising from employment not
covered by worker's compensation laws.
b. Comprehensive General Liability Insurance.. Minimum limits of liability shall not be less
than $1,000:000 per occurrence combined single limit bodily injury and property damage
coverage; any deductible provision shall not exceed $1,000 per claim, and each and every
policy must contain a cross liability or severability of interests clause.
c. Comprehensive Automobile Liability Insurance. Minimum limits of liability
shall be not 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 liability 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 must have an "A.M. BEST" rating of B+, V or better. All certificates of
insurance'shail name the City and its officers, agents and employees as additional insureds,
shall contain a provision that aWritten notice of' cancellation or reduction in coverage shall be
furnished the City (10) 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 a~ccomplished
under the terms of this contract, and shall guarantee and maintain the work for a period of one
(1) year. following the completion and acceptanCe thereof against any defective workmanship
or defective materials furnished in the performance of this Agreement, 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 Public Works Director/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 workmanship 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. Agreement Assignment. This Agreement shall not be assigned by Developer
without the Written consent of City.
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7. Abandonment of Work. if the work to be done under this Agreement is abandoned, or
if this Agreement is assigned by Developer without written consent of City, or if City through its
City Engineer determines that the said work or any part thereof is being unnecessarily or
unreasonably delayed or that Developer is willfully violating any of.the conditions or covenants
of this Agreement or is executing this Agreement .in bad faith, the City shall have the authority
to order Developer to discontinue ali work or any part thereof under this Agreement, and
Developer shall Cease to continue the work or such part thereof as City may designate, and
City shall thereupon have the power to obtain 'by Agreement, purchase, rental or otherwise, all
labor, equipment, and materials deemed .necessary to complete the work and to use such
materials 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.
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 within the work to be performed
under this Agreement shall be at the 'sole and exclusive risk of Developer. The 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 final 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, waming 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 Agreement, 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 site of the work 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
delivery of a set of final as-built plans to City by Developers, City, through its City Engineer or
his designated representative,, shall examine the tract work without delay, and, if found to be in
accordance with said plans and specifications and this Agreement, shall accept the work and
notify Developer or his designated agents of such acceptance.
11. Patent and Copyright Costs. In the event that said plans and specifications
require the use of any material, process or publication which is subject to a duly registered
patent or copyright, Developer shall be liable for, and shall indemnify City from any fees, costs
or litigation expenses, including attorneys' fees and court costs, which may result from the use
of said patented or copyrighted material, process or publication.
12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans
and specifications which are a part of this Agreement or any provision of this Agreement shall
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not operate to release any surety or sureties from 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 of the
State of California,
13. Liability.
a. Developer Primarily Liable. Developer shall be 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 Agreement, 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 the City, and save them
harmless in every way from all suits or actions at law for damage or injury to persons, life or
property that may arise or be occasioned in any way because of construction operations or
execution of this Agreement.
b. Design Defect. If, in the opinion of the City, a design defect in the work of
improvement becomes apparent during the course of construction, or within one (1) year
following acceptance by the City of the improvements, and said design defect, in the opinion of
the City, may substantially impair the public health and safety, Developer 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. for the
corrective work required.
c. Litigation Expenses. 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 shall be entitled to recover its attorneys' fees and
court costs.
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IN WITNESS WHEREOF, the. parties hereto have executed this Agreement in duplicate at
Dublin, California, the day and year first above written.
CITY OF DUBLIN
By
Mayor
ATTEST:
City Clerk
Type or Print Name
Title
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Page 6
EXHIBIT A
SITE PLAN
KIO~
N
7197 96036-P~2
.~RCHITECTuRE
AND PLANNING
200 Pine St,"~,' Sludio .~00
San Francts¢o. CA 44104
OPUS.
THE OPUS GROUP
ARCH I T B C'T S
CONTRACTORS
D 1= V E L O P l~ R S
February 25, 2002
EXHIBIT-
OPUS WEST CONSTRUCTION CORPORATIO1N
6160 Stoneridge Mall Road, Suite 360 · Pleasanton, CA 94588
Phone 925-463-9254 ' Fax 925-4606058
www. opuscorp.com
License Numbers:
AZ 70830 · CA 509591 · NM 51340 · NV 29002 ° UT 380845-5501
Kevin YanKatwyk
Senior Civil Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 944568
RE: Hacienda Drive &'Dublin Boulevard at Hacienda Crossings
Punch List Scope Walkthrough
Dear Kevin,
On Tuesday, January 8, 2002 1 walked along the Hacienda Crossings site with Ed Zale (City of Dublin), Jason Tolleson
(Opus) and Tom Decker (Pacific Parks Landscaping) to verify the scope of work in the City of Dublin's punch lists dated
8/21/01 and 9/10/01. The following are detailed descriptions of the exact scope of work to be completed.
1. Restore the sprinkler system located in the city's strip to full working order. (Items #2, t~4 & #15 on city's 9/10/01
punch list)
2. Approximately fifteen (15) 1-gallon Honeysuckle plants will be installed at the SE comer of the Hacienda main
entrance, to match existing. (Item #3 on city's 9/10/01 punch list)
3. Approximately sixty-eight (68) 1-gallon Cotoneaster plants will be installed at the NE comer of the Hacienda
main entrance, to match the existing. (Item #5 on city's 9/10/01 punch list)
4. The woodchips and sediment will be cleaned out of the Caltrans ditch located in the NE quadrant of the 1-580
interchange. New fabric and I W' river rock will be installed to match existing. (Item #6 on city's 9/10/01 punch
list)
5. Four 12-18" high check dams will be constructed of minimum size l"rock in the Caltrans ditch behind the Regal
Cinema. Three of these dams will be installed at equal distance within 300-400' east of the drain inlet (culvert)
and one within 50' west of the drain inlet. (Item #7 on city's 9/10/01 punch list)
6. It was agreed by all parties that the suggested 4' fence would not work. RREEF will repair their landscaping to
help detour pedestrians. (Item #8 on city's 9/10/01 punch list)
7. The irrigation line behind the fountain, located at the comer of Dublin Blvd and Hacienda Drive, will be repaired
to full working order to cover the landscape area behind the stone benches. (item ~) on city's 9/10/01 punch list)
8. An appropriate amount of 1-gallon Cotoneaster andfor Honeysuckle plants, in accordance with 24" spacing
described in detail 5 of sheet L1, dated 3/10/00, will be installed in the city's landscape strip at the east and west
comers of all entrances to Dublin Blvd to match existing. Also, approximately fifty (50) ground cover plants will
be installed on RREEF's side of the sidewalk at those same comers to match existing. (Itcm gl0 and #14 on city's
9/10/01punch list)
9. Approximately twenty-eight (28) 5-gallon size photinia will be installed to screen all of the double detector
checks and caged backflow preventers along Dublin Blvd. (Item gl0 and $$14 on city's 9/10/01 punch list)
10. The irrigation line will be capped and a weed fabric with large cobble will be installed in the Island median on
I-tibemia Drive, north of the palm tree closest to Dublin Blvd. Groundcover plants will be installed to match the
existing, in the small bare patch just south of the north palm tree. (Item #11 on city' s 9/10/01 punch list)
11. The trees along Dublin Boulevard have been trimmed and are acceptable to the City of Dublin, per Ed Zale. (Item
#12 on city's 9/10/01 punch list)
12. The existing plants are thriving, there seems to be no need to amend the soil. The new plants will be observed
closely during the maintenance period. (Item #13 on city's 9/10/01 punch list)
THE OPUS GROUP: Allentown · Atlanta · Austin ' Chicago ' Columbus · Dallas · Denver · Detroit ' Fort Lauderdale · Houston · Indianapolis · Kansas City · Los Angeles · Milwaukee
Minneapolis · Orange Count)' ' Orlando · Pensacola · Philadelphia · Phoenix · Portland · Sacramento · San Francisco ° San Jose · Seattle · St. Louis ° Tampa ° Washington, D.C.
OPUS.
Mr. Kevin VanKatwyk
Febmary 25, 2002
Page 2 of 2
13. Approximately ten (10) 1-gallon Honeysuckle and five (5) 1-gallon Cotoneaster will be installed to fill in the
landscape gap along 1-580 to Shamrock Fords property. This is on Caltrans' property, iouth side of the freeway
chain link fence. (Item g4 on city's 8/21/01 punch lis0
14. Ail cracked concrete described in the 8/21/01 punch list will be replaced along with the fountain colored concrete,
with the exception of #3 "6x6 concrete sidewalk" which could not be found during our walk. (Items #1 - #7 on
city's 8/21/01 punch list)
All of the above items will be completed during the construction of the right turn pocket, which is scheduled to start in March
or once the rains start to subside. When completed, the landscape items will be maintained for a period of 90-days, after
which the city of Dublin and RREEF Management will take full responsibility to maintain the areas on their respective
property. If you should have any questions or concerns, please give me a call.
Sincerely,
Tmvis O. Baker
Project Manager
(925) 730-3255
THE FOLLOWING INDIVIDUALS AGREE THAT THE ABOVE ITEMS AND THEIR DETAILED SCOPE OF WORK
ARE THE FINAL ITEMS REMAiNING TO BE COMPLETED ON THE CITY OF DUBLIN'S HACIENDA CROSSINGS
PUNCH LISTS DATED [t/21/01 AND 9/10/01. UPON ACCEPTANCE FROM THE CITY OF DUBLIN, OPUS WEST
CORPORATION WILL BE RELEASED OF ALL RESPONSIBILITY AND OBLIGATIONS, OTHER THAN THOSE
ITEMS GENERATED AS A RESULT OF THE HACIENDA RIGHT TURN POCKET PROJECT.
Opus West Corporation
Don Little
Senior Vice President
Date