HomeMy WebLinkAboutReso 142-05 IKEAArnoldRdImprov
RESOLUTION NO. 142 - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * . .
APPROVING IMPROVEMENT AGREEMENT ASSOCIATED WITH
PARCEL MAP 7714 OFF-SITE IMPROVEMENTS FOR ARNOLD ROAD
AND MARTINELLI WAY (IKEA PROPERTY, INe.)
WHEREAS, the right-of-way for the extension of Arnold Road trom Dublin Boulevard to future
Altamirano AvenuelI-580, and Martinelli Way between Arnold Road and Hacienda Drive, was dedicated
on Final Parcel Map 7714, filed August I, 2001, in Book 260 for Parcel Maps at Pages 30-33, which was
approved by the Dublin City Council on June 5,2001, via City Council Resolution No. 75-01; and
WHEREAS, the City of Dublin City Council adopted Resolution No. 45-04 on March 16, 2004,
approving the Site Development Review (pA 02-034) for IKEA Property, Inc., subject to Conditions of
Approval regarding required on-site/off-site improvements; and
WHEREAS, IKEA Property, Inc., and Pepper Construction Company Pacific have executed and
filed with the City of Dublin an Improvement Agreement to install off-site improvements within said Parcel
Map in accordance with the City Cound! Resolution, and in conformance with the improvement plans and
the specifications attached thereto; and
WHEREAS, said Improvement Agreement is secured by a bond in the amount of $4,229,000
(Bond No. 104121601) issued by Travelers Casualty and Surety Company of America, conditioned upon
faithful performance of said Agreement; and
WHEREAS, said Improvement Agreement is secured by a bond in the amount of $4,229,000
(Bond No. 104121601) issued by Travelers Casualty and Surety Company of America, conditioned upon
payment for labor performed or material furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said Agreement and bonds are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the Improvement Agreement in triplicate, attached hereto as Exhibit .. A,"
PASSED, APPROVED AND ADOPTED this 5th day ofJuly, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember Hildenbrand, Oravetz and Zika, and Mayor Lockhart
None
Councilmember McCormick
None
A~L~
Deputy City Clerk
OoICC.MTGS\200S-<jh3IJuly\o7-oS-oSIres<> 142-oS pm 7714 ;mpn' agmt il<oa.doo (Item 4.3)
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
OFF-SITE IMPROVEMENTS FOR ARNOLD ROAD AND MARTINELLI WAY
ASSOCIATED WITH PARCEL MAP 7714, IKEA - VESTING TENTATIVE MAP 8262
(IKEA PROPERTY, INC.)
This Agreement ("Agreement") is made and entered into this D.u... day
of 1" ~ ' 2005, by and among the City of Dublin, a municipal corporation
(hereinafter referred to as "CITY"), IKEA Property, Inc., a Delaware corporation (hereinafter
referred to as "IKEA"), and Pepper Construction Company Pacific, doing business as
Pepper Construction (hereinafter referred to as "CONTRACTOR") (IKEA and
CONTRACTOR are hereinafter referred to collectively as "DEVELOPER").
RECITALS
WHEREAS, IKEA is the owner of certain land within the City of Dublin. The City has
approved the development of a retail store that requires the construction of the
improvements that are the subject of this Improvement Agreement. CONTRACTOR is
IKEA's general contractor that IKEA proposes to use to construct the improvements.
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 and dedicate certain
public improvements (hereafter "The Improvements") as shown, in accordance with the
requirements and conditions set forth within the City of Dublin Community Development
Director Resolution Nos. 04-01 and 04-02 (PA 02-034), adopted on April1g, 2004, and
City Council Resolution No. 45-04 (PA 02-034), adopted on March 16,2004; the
requirements of the Subdivision Map Act of the State of California and the Subdivision
Ordinance of the City of Dublin; and those certain~lans and specifications for said
development approved by the City Engineer on J WN! Z..p , 2005, as
follows:
· "Street ImDrovement Plans associated with Parcel MaD 7714 for Portions of Arnold
Road and Martinelli Way. City of Dublin. Alameda County. California" (22 Sheets: 1-
22), prepared by JMH Weiss & Associates.
· "IKEA Traffic Sianal Plans. City of Dublin" (17 Sheets: TS1-TS17) prepared by
T JKM Transportation Consultants.
· "IKEA Sianina and striDina Plans. City of Dublin" (2 Sheets: SS 1-SS2) prepared by
T JKM Transportation Consultants.
· "Street Liaht ImDrovement Plans. City of Dublin, Alameda County. California" (3
Sheets: SL 1-SL3) prepared by Robert Gray & Associates.
· "Street Liaht Pole Foundation Desian Plan. Dublin. California" (1 Sheet: S1)
prepared by URS Consultant.
· "Joint Trench Comoosite Plans. City of Dublin". Alameda County (5 Sheets: JT1-
JT5) prepared by Robert Gray & Associates.
· "Landscaoe ImDrovement Plans, City of Dublin. California" (1 0 Sheets: L 1.1 - L3.4)
prepared by Smith & Smith Landscape Architects.
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Said plans are now on file in the office of the Public Works Director/City Engineer,
and 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; and
WHEREAS, CITY has determined that The Improvements are a public works project
subject to California prevailing wage requirements;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements
within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of
dedication of right-of-way and The Improvements 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:
Section 1. Completion Time.
DEVELOPER will commence construction of The Improvements within one hundred
eighty (180) days following the date on which CITY executes this Agreement.
DEVELOPER shall complete The Improvements no later than two years following execution
of this Agreement or not later than::r!5 , 2007. The commencement of
construction and/or the ::r , 2007 deadline may be extended in the
event of Force Majeure (as herei after defined) for a period of time equal to the time period
commencing with CITY'S receipt from DEVELOPER of a written notice describing the event
of Force Majeure until the Force Majeure is no longer occurring. "Force Majeure" shall
mean only war, insurrection, acts of terrorism, strikes, lockouts, riots, floods, earthquakes,
fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions,
freight embargoes, lack of transportation, or unusually severe weather. City agrees to
process requests from DEVELOPER which pertain to The Improvements in an expeditious
manner so that The Improvements may be completed within the time period specified in this
Section. Upon completion, DEVELOPER shall furnish CITY with a complete and
reproducible set of final as-built plans of The I mprovements, including any authorized
modifications.
Section 2. Estimated Cost of Improvements.
For purposes of this Agreement, the estimated cost of constructing The
Improvements is agreed to be Four MIllion Two Hundred Twenty Nine Thousand and
00/100 Dollars ($4,229,000.00).
Section 3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER (or either IKEA or
CONTRACTOR) shall furnish CITY with the following security in a form reasonably
satisfactory to the CITY Attorney:
a. Faithful Performance. Either a cash deposit, a corporate surety bond issued
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by a company duly and legally licensed to conduct a general surety business
in the State of California, or an instrument of credit equivalent to one hundred
percent (100%) of the estimate set forth in Section 2 and sufficient to assure
CITY that The Improvements will be satisfactorily completed.
b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by
a company duly and legally licensed to conduct a general surety business in
the State of California, or an instrument of credit equivalent to one hundred
percent (100%) of the estimate set forth in Section 2 and sufficient to assure
CITY that DEVELOPER'S contractors, subcontractors, and other persons
furnishing labor, materials, or equipment shall be paid therefor.
CITY shall be the sole indemnitee named on any instrument required by this
Agreement. Any instrument or deposit required herein shall conform to the provisions of
Chapter 5 of the Subdivision Map Act. .
Section 4. Insurance Reauired.
Prior to the commencement of work under this Agreement, DEVELOPER shall
obtain or cause to be obtained and filed with the CITY, all insurance required under this
Section, and such insurance shall have been reasonably approved by the Administrative
Services Director of CITY, or designee, as to form, amount and carrier. Prior to the
commencement of work under this Agreement, DEVELOPER's general contractor shall
obtain or cause to be obtained and filed with the Administrative Services Director, all
insurance required under this paragraph, and such insurance shall have been approved by
the Administrative Services Director of CITY, as to form, amount and carrier, which
approval shall not be unreasonably withheld, conditioned or delayed. DEVELOPER shall
not allow any contractor or subcontractor to commence work on this contract or subcontract
until all insurance required for DEVELOPER and DEVELOPER's general contractor shall
have been so obtained and approved. Said insurance shall be maintained in full force and
effect until the completion of work under this Agreement and the final acceptance thereof by
CITY. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(i) Insurance Services Office form number GL 0002 (Ed. 1/73)
covering comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form
Comprehensive General Liability; or Insurance Services Office
Commercial General Liability coverage ("occurrence" form
CG 0001.)
(ii) Insurance Services Office form number CA 0001 (Ed. 1/78)
covering Automobile Liability, code 1 "any auto" and
endorsement CA 0025.
(iii) Workers' Compensation insurance as required by the Labor
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Code of the State of California and Employers Liability
Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less
than:
(i) General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property
damage. If commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or
the general aggregate limit shall be twice the required
occurrence limit.
(ii) Automobile Liability: $1,000,000 combined singlê limit per
accident for bodily injury and property damage.
(iii) Workers' ComDensation and EmDlovers Liability: Workers'
compensation limits as required by the Labor Code of the State
of California and Employers Liability limits of $1 ,000,000 per
accident.
c. Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the CITY. At
the option of the CITY, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the CITY, its officers,
officials and employees; or the DEVELOPER shall procure a bond
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
d. Other Insurance Provisions. The policies are to contain, or be endorsed
to contain, the following provisions:
(i) General Liabilitv and Automobile Liabilitv Coveraaes.
(a) The CITY, its officers, agents, officials, employees and
volunteers shall be named as additional insureds as
respects: liability arising out of activities performed by or
on behalf of the DEVELOPER; products and completed
operations of the DEVELOPER; premises owned,
occupied or used by the DEVELOPER; or automobiles
owned, leased, hired or borrowed by the DEVELOPER.
The coverage shall contain no special limitations on the
scope of the protection afforded to the CITY, its officers,
officials, employees or volunteers.
(b) The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials,
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employees and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials,
employees or volunteers shall be excess of the
DEVELOPER's insurance and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the CITY, its
officers, officials, employees or volunteers.
(d) The DEVELOPER's insurance shall apply separately to
each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's
liability.
(ii) Workers' Compensation and Emplovers Liabilitv Coveraqe. The
insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses
arising from work performed by the DEVELOPER for the CITY.
(iii) All Coveraqes.
Each insurance policy required by this clause shall be endorsed
to state that coverage shall not be suspended, voided, cancelled
by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt
requested, has been given to the CITY.
(a) Acceptabilitv of Insurers. Insurance is to be placed with
insurers with a Best's rating of no less than A:VII.
(b) Verification of Coveraqe. DEVELOPER shall furnish
CITY with certificates of insurance effecting coverage and
endorsements required by this clause. The certificates
and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and
endorsements are to be received and approved by the
CITY before work commences. The CITY reserves the
right to require complete copies of all required insurance
policies, at any time.
(c) Subcontractors. DEVELOPER and/or DEVELOPER's
general contractor shall include all subcontractors as
additional insureds under its policies or shall obtain
separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
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Section 5. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items
of routine maintenance, ordinary wear and tear and unusual abuse or neglect,
DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER's
agents, and all supplies, materials and devices of whatsoever nature incorporated in, or
attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the
Agreement, to be free of all defects of workmanship and materials for a period of one (1)
year after initial acceptance of the entire work by CITY. After written notice to DEVELOPER
from CITY, DEVELOPER shall repair or replace any or all such work or material, together
with all or any other work or materials which may be displaced or damaged in so doing, that
may prove defective in workmanship or material within said one-year guarantee period
without expense or charge of any nature whatsoever to CITY. DEVELOPER further
covenants and agrees that when defects in design, workmanship and materials actually
appear during the one-year guarantee period, añd have been corrected, the guarantee
period shall automatically be extended for the corrected items for an additional year to
insure that such defects have actually been corrected.
In the event the DEVELOPER shall fail to commence compliance with the conditions
of the foregoing guarantee within thirty (30) days time or such longer time period as agreed
to in writing by the City Engineer, after being notified of the defect in writing, and thereafter
with due diligence and dispatch diligently prosecute such compliance to completion, which
shall in no event exceed ninety (90) days, CITY shall have the right, but shall not be
obligated, to repair or obtain the repair ofthe defect, and DEVELOPER shall pay to CITY
on demand all costs and expense of such repair. Notwithstanding anything herein to the
contrary, in the event that any defect in workmanship or material covered by the foregoing
guarantee results in a condition which .constitutes an immediate hazard to the public health,
or safety CITY shall have the right to immediately repair, or cause to be repaired, such
defect, and DEVELOPER shall pay to CITY on demand all reasonable costs and expense
of such repair, provided that CITY has first furnished DEVELOPER with evidence
reasonably satisfactory to DEVELOPER that CITY has incurred such costs and expenses
and that the claimed costs and expenses have been or will be paid by CITY. The foregoing
statement relating to hazards to health and safety shall be deemed to include either
temporary or permanent repairs which may be required as determined in the reasonable
discretion and judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or
replacements or performs the necessary work at such time as CITY is herein entitled to
perform such repair, replacement or work, DEVELOPER shall pay, in addition to actual
costs and expenses of such repair or work, twenty-five percent (25%) of such costs and
expenses for overhead and interest at the maximum rate of interest permitted by law
accruing thirty (30) days from the date of billing for such work or repairs, provided that CITY
has first furnished DEVELOPER with evidence reasonably satisfactory to DEVELOPER that
CITY has incurred such costs and expenses of such repairs or work and that the claimed
costs and expenses have been or will be paid by CITY.
In no event shall DEVELOPER or its surety be liable for consequential or special
damages under this Agreement, or for damage due to casualty, condemnation, or the
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negligence of CITY, or its agents, employees or other representatives.
Section 6. Inspection of the Work.
During times that construction activity is occurring, DEVELOPER shall permit
reasonable access to CITY through its City Engineer and designated representatives as
needed 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 Improvements plans and
specifications.
Section 7. Aqreement Assiqnment.
DEVELOPER shall not assign this Agreement without the written consent of the City
Manager of CITY, which consent shall not be unreasonably withheld.
Section 8. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall
be considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable
part thereof, with such diligence as will insure its completion within the time specified, or
any extension thereof and such refusal or failure continues after five (5) business days'
written notice to DEVELOPER, or if DEVELOPER fails to obtain completion of said work
within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a
general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be
appointed for=DEVELOPER and not removed within forty-five (45) days of the receiver's
appointment, or if DEVELOPER, or any of DEVELOPER's contractors, subcontractors,
agents or employees should violate any of the provisions of this Agreement, and such
violation is not cured within five (5) business days' after written notice to DEVELOPER, the
CITY through its City Engineer may serve written notice on DEVELOPER and DEVELOPER
's surety or holder of other security of breach of this Agreement, or of any portion, thereof,
and default of DEVELOPER.=Notwithstanding the preceding provisions of this Section 8, if
the nature of such refusal, failure or violation by DEVELOPER is such that it cannot
reasonably be cured within such five (5) business day period, DEVELOPER shall not be in
breach or default under this Agreement so long as DEVELOPER shall within such five (5)
business day period commence with due diligence and dispatch to cease such refusal or
violation or to cure such failure and thereafter diligently prosecute the same with due
diligence and dispatch to completion.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety
shall have the duty to take over and complete The Improvements herein specified;
provided, however, that if the surety, within thirty (30) days after the serving upon it of such
notice of breach, does not give CITY written notice of its intention to take over the
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performance of this Agreement, and does not commence performance thereof within thirty
(30) days after notice to CITY of such election, CITY may take over the work and prosecute
the same to completion, by contract or by any other method CITY may deem advisable, for
the account and at the expense of DEVELOPER and DEVELOPER's surety shall be liable
to CITY for any damages and/or reasonable and documented excess costs occasioned by
CITY thereby; and, in such event, CITY, without liability for so doing, may take possession
of, and utilize in completing the work, such materials, appliances, plant and other property
belonging to DEVELOPER as may be on the site of the work and necessary therefor.
Section 9. Notices
All notices herein required shall be in writing, and delivered in person or sent by
registered mail, postage prepaid.
Notices requirM to be given to CITY shall be addressed as follows:
Melissa Morton
Public Works Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
IKEA Property, Inc.
Attention: Dan Gustafsson, President
496 Germantown Pike
Plymouth Meeting, Pennsylvania 19462
and
Pepper Construction Company Pacific
Attention: Dan Leonard, Vice President of Operations
17841 Mitchell Avenue
Irvine, CA 92614
With a copy to:
Lydia Gartrell
Construction Manager
IKEA Property, Inc.
907 Bains Street
East Palo Alto, CA 94303
and
Larsson & Scheuritzel
Centre Square West
IMPROVEMENT AGREEMENT
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1500 Market Street, Suite 3510
Philadelphia, PA 19102
Attn.: David J. Larsson
and
Carroll, Burdick & McDonough LLP
44 Montgomery Street, Suite 400
San Francisco, California 941044906
Attn.: Conrad D. Breece
Notices required to be given surety of DEVELOPER shall be addressed as follows:
îIU,,\JG.L-E$ ci'lS/Jf1L-ry,¡"..· -;;"!2.e:f"(
Company Name: ~Ç'R\\)'í OF AMe.i?..H:/1\
Attention: Nì W:e... \JA~\.DOOb
Street Address: ~~ \Ci..l)?,'\/, Çcy\Þ...\L E
City:}\.A~r:o\ê..~, State: CX , Zip Code: ()b \ B '3
Any party or the surety may change such address by notice in writing to the other
party and thereafter notices shall be addressed and transmitted to the new address.
Section 10. 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. 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.
Section 11. 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 site of The
Improvements as may be necessary to prevent accidents to the public. 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.
Section 12. Acceptance of Work and Riaht-of-Wav.
Upon notice of the completion of The I mprovements and the delivery of a set of final
as-built Mylar plans with electronic file to CITY by DEVELOPER, CITY, through its City
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Engineer or designated representative, shall examine the work without delay, and, if found
to be in substantial accordance with said plans and specifications and this Agreement, shall
recommend acceptance of the work to the City Council and, upon such acceptance, shall
notify DEVELOPER or designated agents of such acceptance subject to Section 5 above.
Section 13. Patent and Copvrioht 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.
Section 14. 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 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.
Section 15. Liabilitv.
a. DEVELOPER Primarilv Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will be performed in a
proper manner. DEVELOPER agrees to indemnify, defend, release,
and save harmless CITY, and each of its elective and appointive
boards, commissions, officers agents and employees, from and against
any and all loss, claims, suits, liabilities, actions, damages, or causes of
action of every kind, nature and description, directly or indirectly arising
from an act or omission of DEVELOPER (for which performance was
an obligation of DEVELOPER hereunder). its employees, agents, or
independent contractors in connection with DEVELOPER '5 actions
and obligations hereunder, subject in each instance to the provisions of
the last paragraph of Section 5 above; provided as follows:
(i) That CITY does not, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by CITY, or the
deposit with CITY by DEVELOPER, of any of the insurance
policies described in Section 4 hereof.
(ii) That the aforesaid hold harmless agreement by DEVELOPER
shall apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffered, by reason of any of
the aforesaid events referred to in this paragraph, regardless of
whether or not CITY has prepared, supplied, or approved of
plans and/or specifications for the subdivision, or regardless of
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June 13. 2005
whether or not such insurance policies shall have been
determined to be applicable to any of such damages or claims
for damages.
b. Desian Defect. If, in the opinion of the CITY, a design defect in The
Improvements 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, OWNER shall, upon
order by the CITY, correct said design defect at OWNER's 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. Litiaatiorr 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 reasonable attorneys'
fees and court costs. If CITY is the prevailing party, CITY shall also be
entitled to recover its reasonable attorney's fees and costs in any action
against DEVELOPER's surety on the bonds provided under Section 3.
d. Limitation of DEVELOPER'S Liability. Notwithstanding anything to the
contrary in this Agreement, DEVELOPER'S liability under this
Agreement shall not exceed the amount of the surety bonds furnished
to CITY under Section 3 of this Agreement.
Section 16. Indemnification and Waiver.
DEVELOPER shall defend CITY, its officers, employees and officials, against any
claims or actions (including declaratory or injunctive relief) concerning DEVELOPER's
construction of The Improvements and shall indemnify and hold CITY harmless from any
damages, charges, fees or penalties that may be awarded or imposed against CITY and/or
DEVELOPER in connection with, or on account of CITY's failure to enforce or comply with
any applicable laws.
Section 17. Supercedes Prior Tract Developer Aareement.
This Agreement supersedes the agreement entitled "City of Dublin Tract Developer
Agreement" which was entered into on June 4, 2002, between the City of Dublin and
Alameda County Surplus Property Authority, and thereafter amended on or about June 17,
2003, with reference to Final Parcel Map 7714.
Section 18. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate at Dublin, California, the day and year first above written.
CITY:
CITY OF DUBLIN
Date:
~ C~t&+~
Typed or nnted Name
~ft~lt1J
Title
rwk
By:
Janet Lockhart, Mayor
JCI.4,v 1ooll:ol.
VI
ATTEST:
By:
Kay Keck, City Clerk
Date:
Date
MPANY PACIFIC,
tru ctio n
By:
~l\S.L 'IS, U:o!\rAeD
Typed or Printed Name
U 1U3'. ~(l FoSjt>\:::t-JI"
Title
~oS
Date
IMPROVEMENT AGREEMENT
G:\DEVEL.OP\I KEA\lmprovement AgrsBment_offslte.DOC
Page 12 of 12
Jun. 13. 2005
',,;
CALI.FÔRNiA ALL~PURPO$E ACKNOWLEDGMENT
.·6em~",~··
. ::!l=~vrc"lhuIlJiQ .0{ (lq,'M1IUTI."",·¿ }. ..~..:.
County of . (Yl 0'" '00"""" '. .' . .
On JuiV I~.-¿OOS; ,before me, yY\a~ayt¡'-.[,·J·DI'\J7I>,-fJD!-Þ.,,",ÞL<hl'L·
Cl ltø , . J N-m. 1Irnt. T1I!8 of Offl'='lf (e,g.. -JMI/I 0o., NgUlIjI PUbllo')
personally appeared OlA"" (fU$~ç~"",..,. Pff$IJ:e",1-- u( Ik""A prt)P'-~r ¡we..
. .. Natrli(Ii'DfSIQni!r($) '.
œ! personally knówn to me.
D proved to me on the basis of sat!sfaotory
evidenoe
. ,
NOTARIAL SEAL .
. Marga'st E. Jono', Notary Public
Plymouth Twp.. C""nty of Montgomery
My COmnii.",o~~tre. Oct 29. 2007
to be the person(~ whose n6;me~) Islere
sUbscribed to the within Instrument and
aókhowledged to· me: that helei'isJ!hay executed
the· same In hi"Al.ãlilhsir authorized
capaolty(~),. and that by hislhelit\:¡¡¡ir
signah¡re(j{) on the instl1Jment the person (~ or
the entity upon ·behalf of Which the þerson(t¡
atted, executed the Instrument.
Phl!l:¡:t NQ\ary S.ea!AbDV'
. OPTIONAL _ . .
Though the jnformation b~Jow Is not reqwred, by tB~ ¡f.'may proVB ·valusbt~ to persons Ì'BlylnQ,o.n fhe ·documsnt
and CDuld prevent budu/enl removal end reattac.hment of this fO/7rl to another dorium.ðnl. .
DescrIption of Attached Document
.' Title arType of Documerit
Document Date;
. Number of Pages;
"Slgoer(s) Other Than Named Abcve;
Capacity(les) Claimed by Signer
Signer's Name; .
o Indwldual
o Corporate Officer- Title(s);
o Partner - 0 Limited 0 General
o Attomey In Fact
o Trustae
o Guardian or Consarvator
o Other.
Signer Is Represanting:.
-.
.~
".
....'" of: _..
. - I
o 1!lt11i1 Nm!IOfUII Notary ~t:dIUol". euo!:lt, $DID AIft" F.O; ~ 24~' ChII~, ~S':!im'2/ Q2. !MYW.M~M1l1lnc1niy,ClItI
Pm. No. ~tJ7 . R~!lrdlll: Oatl~¡"¡=rH '!"-Ðoo.¡:r7e.asir
..~ ;
'.
, .'
CAUFÒRNiA ALL~PURPO!:;E ACKNOWLEQGMENT
<'~NN~k-
, <>+.+o~. \,¡¡ ¡f~I'R¡a ct, ~\ic.",:,--
County aT ,,' fn""", ~YN <"1 .,..'
, .
}~,'
On -;s-V.v (1;.:1..0£; '.'before me, fY\(1..~ ~...t¡.. ¡; JòN->",' a;J oI"tJ."1j . Public
OIl!Ø . ., 'N.ms.snrlntli;(lfotlïœr(lIIII,g"U.,If1nIllDl;lv,N¡;¡t8rtPUÞlIO")
personally appe!'redJOo." \.bk.,' \Jp c,¡ \~A PMJp..fI.;, .kt,
NRtnl!:(8J.l:Ir $lgn.l'(lõ) .
Œ!.pel'5Ónatly known to me,
0, proved to me on the basis of satiSfactory
evidence
NotARiAL SEAL
Margaret E. Jonei, Notary,Public
Plymouth Twp.. C"ouQty of Montgomery
My Commis9ion Explrês Oct. 29. 2007
to bei, the ¡jerson(ét whose- na;m~) is/æe-
subscribed to the within Instrument and
acknowledged to me: that I¡e,'shettl1ey- executed
the' sama In ~her/~ 'authorlzed
capacItY\i8sJ.. and that by hielher~r
slgnature(s) on the Instrument the persofi(~, or
the er1ilty upon 'behalfof which the pe,son('t)
acted, executed the instrument. :
fTNESS my hand and offiCial tea!;
. I' :Sce Nobiry S.øal AbOV9
OpTIONAL ,
Thpugh ths infarmstfon below is nDt reqLtÎred)y la¡..v.. It may prove ~fuabJe to parsons ielyinG o.n the ·document
end cOf./irJ prevent fr~udJ.t¡ent rfiJmovsl end f88.ttachmsnt err this fot71i -10 anDther doc[J~nt. -
Description of Attached Document
. ,l1tI,e or Type of Document
Document Date:
, NClmber of Pages;
<'Signer(s) Other Than Named Above:
Capaclty(iès) Claimed by Signer
, ,
Signer's Name:
o Individual
o Corporate Offi~er- TItle(s):
o Partner ~ 0 Limited 0 General
o Attomeyln Fa~t
o Trustee
o Guardlen Or Conservator
o Other:
Signer Is Representing:,
'"
J ....... .. ~.
. I
"
"',
o ,gUg NI!Itj¡;q¡.IN~'Y~n·~Oi ~1w6,. F.O: ~ 24~4 CI"I&'tðwtll'l/¡, O~!h3 :3o:i!1 1J2 .WWWJ'llll~¡j~1I1n~iy,Grg
Þ~.N~..59D7
fl\llC rdlr. Ct.ITíDl .'F~1I 1.ßCD-mli.o:!!2'¡
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,"__ before me, ,.I\tWUmttr;e., 5l.hu I-h· ~otu....~ ì0
Da..n\~~l ($ < L:üJ~·J/ ne~.NDll1ryPU~K;1 ,
Nlllm (~)oI~gAQi(;)
~ersonallY known to me
6 . proved to me on the besis of setlsfaotory
evidence
State of California
On
OytL(\0e..-.
t.,..llî I DS
County of
Da¡6
personally eppeared
it
ANNEMARI£ $CHIJUZ
Com",'..IO'"'' 141i0357 ~
NO\ofy I'\ItIIIC . CGIIIomIa !
~COUrIIy
CoInm. E>IpiMo o.e 1. 200
}ss.
to be the personM whose nami¢¡ is/"'"
subsoribed to the' within instrument and
aoknowledged to me that hel~théy executed
the same In hls/ßa'r!tb'if euthorized
oapaoity(~, and that by his/I>ef)!ti<iir
signature9Q on the insfrument the personil4. or
the entity upon behalf of whioh the person(\¥-
aoted, exeouted the Instrument
OPTIONAL
Though the Informal/on below Is not reQuired by law, it may prove valuable to persDns relying an the document and cDulr;J prevent
fraudulent removal and teattachmtl1' t of this (Oflll to aMthet docutner1t.
Description of Attached Document
Title or Type of Dooument:
Document Date:
Slgner(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer1s Name:
o Individual
rJ Corporate Offioer - Title(s);
D Partner - n Limited n Gen
D Attorney-In-Fact
o Trustee
LJ Guardian or Con
o Other:
TopoFthurnb hE.1~
C 1~ NlI.liDnll.! NDlary AI1~oIlIllon. !laSD E)Q SDlc AVQ., P,o, B()'>t' é!-4«'. GMI8w<>rth, CA 91313-2ti02· r;¡ww,m\llorllllr'1Ol!I(y.ð¡g
Pl'(¡d.N(I,5S":IQ1
AEiðflj4 f:C911~I·F~4 1·60C.B7Ei.6B::7
BOND ESTIMATE Date: 11-15-04
Rev: 6-10-05
PARCEL MAP 7714 IMPROVEMENTS FOR PORTIONS
OF ARNOLD ROAD AND MARTINELLI WAY
SUMMARY
A. GRADING /DEMOLITION
$ 171,550
$ 2,014,282
B. PAVING I CONCRETE
C. STORM DRAINAGE
$ 211,364
D. LANDSCAPE
$ 395,295
E. MISCELLANEOUS
$ 884,200
SUBTOTAL CONSTRUCTION COST ESTIMATE
15% CONTINGENCY
$ 3,676,691
$ 551.504
TOT AL ESTIMATE
$ 4,228,195
NOTE: The final number shown on the bnnd estimate entitled "Dublin-Streets Bond
Estimate" is equal to $4,229,000.00
This is the Total Estimate number shown above rounded to the uearest $1000.00.
Dublin-PM 7714 BondEstlmate
PUBLIC STREET IMPROVEMENTS -... DATE: 11/1512004
COST ESTIMATE .--"..--.--..,. PREPARED BY: JMH WEISS
ARNOLD RD/MARTINELLI WAY REV 6·10-05 --..---
\ ITEMS QUANTITY UNITS ----. .--.-... -Ü¡¡¡rfpRCEn------ F-----·--·· .-
TOTAL
...... --- --- .-.--". .""."," .... ._._-~,.~.",. ..- f---"-. ......--..
A. GRADING/DEMOLITION
1 Cleari¡'ci ,Grlj6blng .Disposal 6 Ac $5,000.00 $30,000.00
'''.'_H -..-- --.-".
2 Road GradinQ 3.?.9ºº CY $4.00 $128.000.00
.n_ --.---......,, ,~. " ---.. -.....-----.------"""
3 Remove Exist Curb&Gutter 130 LF $5.00 $650.00
4 Grade Swale ---------". 1270 LF $5.00 $6,350.~
5 =--_. 410 LF - -....--..--.--.-... .. .- $5:ÖÖ ..... ",'-
Sawcut Exl*,t Paving $2,050.00
6 Remove Electrolier ...-......... -". 3 É..t\_ $1,500.00 $4,500.00
------- .---------=- -----.,. --.-.-.. n ."."".- ------------- ...---
----- .- ..~_.- -.-
____i!OTAL<>~DING/DEMOLlTION $171,550
,
B. I PAVING AND CÖÑC-RETE--- i ..--- ---.-
IpaVlng_(6"AC/~$' ABl15.~"ASB) .-----.--..-- ---- .- $4.50 ,"_..... .-. ...---".-.
1 1223,258 SF $1,004,661.00
2 6" Curb & Gutter Incl subdraln i5,265 LF 21.00 110,565.00
-- 3 8" Median Curb inci subdrain .-... , ...- ---'. .... ____o,_,,_u._ ......u___.. ·--..·....--·..c~
:5,090 LF 15.00 76,350.00
---. 4 ~_CC SidEJwalk(ät returns) 6,870 SF 3.40 23,358,0º
..... -..------ ." "~"._--_. .. -.-....-..". ..-..
5 Public Monument 2 EA 300.00 600.00
6 Fire hydrant .----... --. 17 EA 2,500.00 42,500.00
--- ==-_. .. ... ...--... -
7 Barricade 365 LF 30.00 10,950.00
.-.-.. 8 Street sign(Strê"T Niñi"slgn only) 8 EA 150.00 1,200.00
....-- --.--.... ..... _.u..".
9 Electrolier 15 EA . 5,500.00 82,500.00
10 Undergroünding (Overhead)
.--...... ..-.--.. ..-..... I .-.-... ..----.-.. .-.. --- ....---.-...-
---- Thoroughfares 1,600 LF 200.00 320,000.00
11 u¡illiŸ T':;;nëhi;,o 3.500 LF 60.00 .-- 210ßOO.OO
12 2.S" AC Overlay inci.Fabric .--...- 635 SF 2_50 1,587_50
13 PCC Bus Slop 2,100 SF 14.30 30,030.00
--- m ...----. .-..--
14 Disabled Access .RaIilÞ 23 EA 200.00 __4,600.00
.-.--..- .- .--- -".
15 6" AC Berm 860 LF 15_00 12,900.00
16 Temporary AC Walk 11,329 SF 2.50 28.300.00
17 Concrete Pavers at Median 7,740 ..__....u. SF .......-....... .-.-.---... ----"7:00 . ..--.. 54.180.06-
TOTAL PAViNG ANDCONCRETË-- -"-----. $2,014,282
..-
__.C. STORM DRAINAGE .-.... -...-----.,.. .--- --..-..-..... - .".. .n_
.
.-...-...... .-... .---...- .-.-....-..... -----$30.00 ..--..-.--...
1 RCP 12" 55 LF $1,650.00
2 .RCP 18" --...-... 412 LF 35.00 14.420.00
... 3 : RCP 24" ..-... ...".-.... .-- --..-... --....-. - .-...-.. ._---_..__...~
434 LF 40.00 17,360.00
-- 4 RCP 3ò';cUii 401 LF I 80.00 }?,08º'-..o.O
.....--. -"'. . --.-.. .--.. ..._...u.._
5 RCP 38" 652 LF 77.00 50,204.00
6 ,., ..-
Manhole-Std. size 1 . LF 5,500.00 5,500.00
.-....... m -.---...- ...-... ..-.. ._-,,- 1--"
7 Curb.I!,.let Std§lze Type A_ 20 LF 2,950.00 59,000.00
8 'Field inlet 5 LF 2,459.00 12,250·9_0_
------ _..~..._. ..-..-
~- ,ACFC Type IV Inlet 3 LF 2,500.00 7,500.00
10 - ¡ SpecialMH Structure No.1(72"SD) 1 LF 10,000.00 10,000.00
_11 Entar Existino MK--·----· -- 2 LF 300.00 600.00
..-- 12 Adjust MH to Grade -... ._.._-~- .... --- .....--.... . 806~oo
-- 4 LF 200.00
-- ..-----..... .. -..--..-. --- -... ..__.__... _.n
TOTAL STORMDRAINAGIC : ; $211,364
......... --- I -.-..... .-.. ---.-. ----...-.
Page 1 of 2
Dublin-PM 7714 BondEsUmate
D. LANDSCAPING &IRRIGATION I
T65 .- --.-
1 24" Box Trae ...--..- É6-. $800.00 $52,000.00
-,.~,-~-, -..-...... 149 ... ...--... ____. $1,100.00 . --$53;900.00
2 36" Box Tree EA
"-~ Groundcover .- _.__._'..'_n $3.75 $91,~~
24525 SF
-. _..____.....n ..n
4 Topsoil 8" Depth §.:10 CY $55.00 $33,550.00
5 Mu.lch 2" Depth -.. $42.00 $6,720.00
160 CY. I
Deeo Ra-ai Barrier ¡'-¡¡,tre, ....-..--, .,..., -~20Ö~OÓ ~._._. -. .._._-~-
6 114 $22,600,00
7 5' Irrigation ooo-~ui:;lÍei'-¡J------- -- 326 lEA $32.00 $10,432.00
8 6' Irri9ation oop"up head'--' 74 E~.._.._ f-... $32.00 _._~2,368,ºº--
...- TO'lrrinätjan non-un head ..",,"'~ -----....-.- $32.00
9 34 EA $1,066_00
10 12' Irrigation po~·up head .---.. 12 EA $32.00 ____$3~~
I .- -..., --$32.00 I .-
11 15'lrrloirtlon-"õa-:¡¡¡: head 102 EA $3,264.00
12 Rainbird 1402 Bubbler AssembIÝ·--- 228 EA $38.00 __~~,6~-,ºº-
o..o_...u_....._ .,.----- - --- ...~ ~~,... . --
13 Remote Control Valve 23 EA $325_00 $7,475_00
-. ....... $225.00:-- $4,950.00
"-_1~ .QIJi_c~_90upling Valve 22 EA
--- _.._~ ------.-.-.. .-. .-----...-
15 Gate Valve 6 EA $32~,00 _ $1,950.00
1" PVC lateralline'iï,cUjttlngs -.
16 4ßj9__. _ . ... LF $9.00 $41,490.00
-. .- ....-.-..
_1L 1-1!4"PVC lateral line inc!. Fittinas 267 LF $9.50 $2,536.50
-..".......-.-....... .--. ---....---. $9:50 --"$4:655.00
16 1·1/2" PVC lateral line inc!. Fittings 490 LF
19 2" PVC main line inc!. FIÍllnas- -" 1.910 LF $10.00 __.._$1~,100.0_~
_m_._u...____ 1 ,EA .......-.. .....---..--. $1,500_00
20 Point of connection $1,500.00
21 Controllerlflow seh.-or/manlìold 1 'EA $22,000.00 $22,000.00
22 Ei"êkfí,,;;'-assemblv EA -". --.-.-.. ·,n" --$2;506:Õo ... $2,500.00
1 I
----.....-----... .
"----. .'''.-..-..-. -.-..-..-....-.--- ....--.-..----. --
TOTAL LANDSCAPE & IRRIGATION. $395,295
-..-- ·r'· -.
.-".-.-..-- --..... I -.-. .-.- '-- . ---
--c-
.... -..--...--.-......--
~--- MISCELLANEOUS .--.----- _.m. -..-.-..-
Traffic Sinnal .-- -..--- i8,(Óóo.00 :
1 2 EA 366,000.00
2 T!,!ffic Signa!(~~~!~!,d) '--"2 EA 100,000.00 I 20-ºcOOO.00
..-..----... ---....
3 Relocate Exlstinã--siëi;,af(Haclenda) 1 . . EA 15,000.00 15,000.00
4 New Strininnlii' Hacienda --- --","---' EA 1,500_00 1,500.00
5 Signi~g_ andStripin¡¡' , 1 .. EA 15,.0.09..00 15,000.00
--.- _00_... .-.... .---..-- o.-'--15,60ó:60
6 Mobilization '1 EA 15,000.00
-".".-. !1 .... . _~,OOO.OO
7 Traffic Control EA -----1---. 5,000.00
Erosion Coniml·--- ......_._~_. .m......... ---
8 .11 EA , 15,000.00 15,000.00
City EntranceSTcJñ ..- ...---
I· 9 1 lEA 50,000.00 50,000.00
--. ...-----...- - .__m..
10 Future Sla,;;;1 ëonduit 2 lEA 200.00 400.00
.....---....... .... ...---..--. 15,000.00
11 Remove Hazardous Waste 1 LS 15,000.00
--g Flb~J--º-asign and Installation 1 EA 16_6,500.00 I W~,509·00
...---..--.......-...... ..---.. -...
13 Streeti¡;'-ht Sneclal Foundatio_n._..______ 2 EA 8,000.00 16,000.00
14 Remove & Replac~__~edian&Pavers__ 2-- SF 25.00 1,800.00
---- TOTAL MISCELLANEOUS . _ $88~h20º_
.....-....".. ......- . -..-...-... .---.--... .-.-.. ..-'-'--...
-.... ! .-
_u.¡ ..... ..- - ..--.... u..._..
SUBTÖTAT-tONSTRUCTION:} $3,~7_1J.,~1 $3,676,691
.......
..---...--.. 15% CONT. $551,504 ...------....... ..--- .-.-..... -... ...-...-.... $551,504
-.- .----.- ! ..- ...... ..n..
FAITHFUL PERFORMANCE-BOND: . 0.0. ~4':229,0100 100% CONSTRUCTION $4,.2:2~
-.
-.--. -...--.--... lABOR&MÄTERIAL BOND: -..-.- ...--.. -. ...m.. .-----.--
$4 229 000 1 OO';~PERF BOND $4 229 000
Page 2 of 2