HomeMy WebLinkAbout4.02 TassajaraRoadBridge
CITY CLERK
File # D~[Q]fJ1-rJ[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 17, 2005
SUBJECT:
Approval of Improvement Agreement for Tassajara Road Bridge
Improvements at the Northern Drainage
Report Prepared by: Mark Lander, City Engineer
ATTACHMENTS:
I)
Resolution approving the Improvement Agreement, together
with Exhibit "A", Improvement Agreement for Tassajara
Road Bridge Improvements, Dublin Ranch Offsite Wetlands
Mitigation
Vicinity Map
2)
RECOMMENDATION: /l ^ ¡Çy Adopt the resolution approving the Improvement Agreement for the
¿ ~l/" Tassajara Road Bridge Improvements.
FINANCIAL STATEMENT: Sierra Land Development Corporation, which handles construction
matters for the Lin Family, has provided a Faithful Performance
Bond and a Labor and Materials Bond, each in the amount of
$1,500,000, to guarantee construction of public right-of-way
improvements to the Tassajara Road Bridge, and will pay the cost of
associated construction inspection, Once these improvements have
been constructed and accepted, the City will incur maintenance costs
for the improvements.
DESCRIPTION: The Lin Family, developers of the Dublin Ranch property, are
required under permits from the U.S. Army Corps of Engineers and the San Francisco Bay Regional
Water Quality Control Board to provide certain habitat improvements to compensate for the loss of
wetlands within Dublin Ranch. Among other mitigation measures, lands along Tassajara Creek within
the Wallis Ranch property (west ofTassajara Road) and along a tributary known as the Northern Drainage
in the north end of Dublin Ranch (east of Tassajara Road) will be set aside in permanent habitat
preserves, A third mitigation measure is to remove the existing culvert carrying the Northern Drainage
under Tassajara Road in order to provide a link between the two preserves via a restored watercourse.
This requires that the culvert be replaced with a bridge,
The Lin Family has agreed to construct the entire six-lane bridge required for the ultimate widening of
Tassajara Road trom two to six lanes, in conformance with the lines and grades set by the Tassajara Road
Precise Aligrunent adopted by the City Council in August 2004. Interim roadway improvements
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COPIES TO: Marty Interbitzen, Lin Family Attorney /1 ....,
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associated with the bridgc will allow for one travel lane in each direction over the bridge. Bridge
improvements wiJI include a finished walkway on cach side to accommodate safe pedestrian traffic over
the creek (the existing culvert crossing does not accommodate pedestrians).
The Lin Family has acquired a small portion of the neighboring Sperfslage property as right·of-way for
the bridge improvements, and will also bc dedicating a portion of the WaI1is Ranch property as right-of-
way. Both the right-of-way dedications and the bridge improvements are eligible for Eastcrn Dublin
Traffic Impact Fee (EDTIF) credits under a separate credit agreement.
Grading work will begin in mid-May, and the first phase ofbridgc construction (the west side) will begin
in late June. Following completion of the west half of the bridge, traffic will bc shifted to a temporary
detour while the existing culvcrt is removed and the east half of the bridge is built. Fol1owing completion
of the east half of the bridge, traffic will bc shifted back to its current aligrunent, and the west half of the
bridge will be closed to traffic. Work will be completed in latc 2005, although a possible suspension of
work could occur during the winter with completion in early 2006.
The work involves driving precast concrete piles to support the bridge abutments, The pile driving will
be completed in two phases: the first in late June, and the second in late summer-early fall. Each phasc
of pile driving will last one to two days. Due to the potentially high decibel level generated by the pile
driving operation, the dcveloper will provide advance notice of the work to residents in the adjoining
developments in Dublin Ranch Phase 1 prior to start of the work.
An Improvement Agreement, guaranteed by Faithful Performance and Labor and Materials bonds, has
been executed by the Lin Family and Sierra Land Development Corporation to assure that all required
improvements are installed to the City's satisfaction. Necessary permits have also been obtained from the
Dublin San Ramon Services District (DSRSD) for water line relocations. The improvement plans have
been reviewed by Staff and by DSRSD and found to be in conformance with adopted standards. Required
inspection deposit and insurance certificates have also been submitted.
Staff recommends that the City Council adopt the Resolution approving the Improvement Agreement for
the Tassajara Road Bridge Improvements.
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RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING THE IMPROVEMENT AGREEMENT
FOR TASSAJARA ROAD BRIDGE IMPROVEMENTS,
DUBLIN RANCH OFFSITE MITIGATION
(SIERRA LAND DEVELOPMENT CORPORATION)
WHEREAS, Sierra Land Development Corporation, representing the Lin Family, has executed
and filed with the City of Dublin an Improvement Agreement to install bridge and associated roadway
improvements on Tassajara Road just north of Shadowhill Drive at the Northern Drainage, and in
conformance with the improvement plans and the specifications attached thereto; and
WHEREAS, said Improvement Agreement is secured by bonds in the amounts of $200,000 (Bond
No. n0001S) and $1,300,000 (Bond No. n0002S) issued by Insco Insurance Services, Inc., conditioned
upon faithful performance of said Agreement; and
WHEREAS, said Improvement Agreement is secured by a bonds in the amounts of $200,000
(Bond No. n0001S) and $1,300,000 (Bond No, n0002S) issued by Insco Insurance Services, Inc.,
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, attached hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 17th day of May, 2005,
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
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UWPROVEMŒNTAGREEMŒNT
TASSAJARA ROAD BRIDGE IMPROVEMENTS
Dublin Ranch, Offsite Wetlands Mitigation
This agreement is made and entered into this 17th day of May, 2005, by and betw~en the CITY of
Dublin, a municipal corporation, hcreinaftcr refcrred to as "CITY", and Chang Su-O-Lin (also known as
Jcnnifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao Lin (also known
as Kevin Lin) ("the Lins"), and Sierra Land Development Corporation, a California Corporation ("Sierra
Land") (the Lins and Sierra Land arc hereinafter referred to collectively as "OWNER").
RECITALS
WHEREAS, the Lim are OWIlers of certain land within the City of Dublin, knOWIl as. Dublin
Ranch. Developm~nt proj ects in Dublin Ranch result in loss of existing wetlands and require the need for
creation or enhancement of replacement wetlands in off-site locations, as specified in p~rmits issued by
the United States Army Corps.ofEngineers and the San Francisco Bay Regional Water Quality Control
Board. Mitigation measures include reinoval of an existing culvert and construction of a replacem~nt
bridge on Tassajara Road at a creek tributary to Tassajara Creek (commonly known as the Northern
Drainage) just north of Shadowhill Drive. The bridge wi]] be constructed in conformance with the
Tassajara Road Precise Alignment, adopted by the City Council on August 3,2004 (Ordinance No.2l·
04). Sierra Land is a legal entity controlled by the Lins that the Lins propose to use to construct the
improvements; and
WHEREAS, it has beeJ] detennined by the CITY Council of the CITY ofDubljn, State of
California, that OWNER desires to construct and dedicate the following improvement~ (hereafter
collectively "The Improvements"):
A concrete bridge, 118' wide and 85' long, accommodating six future travel lanes, two bicycle
lanes, two sidewalks and a raised median, together with stabilization and revegetatiQn of the
. existing creek crossing. The Improvements shall be constructed in accordance with the plans,
Tassajara Road Bridge, Dublin, Califomia, prepared by Finn Design Group and consisting of 15
sheets, Plans for the Improvement of Tassajara Road Bridge, prepared by MacKay and Somps and
consisting of 3 sheets, and Grading, Restoration, and Revegetation Plans, Dublin Ranch Lower
Northem Drainage, Kobold Reach, prepar~d by H.T. Harvey and Associates and consisting of24
sheets, approved by thc City Engineer in April, 2005. These plans are hereby teferred to for a
more detlnite description ofthe work tobe performed under this Agreement as set forth at length
herein;
WHEREAS, OWNER intcnds to satisfactorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept OWNER's offer(s) of dedication of right-of-way and
The Improvements in consideration for OWNER's satisfactory performance of the terms and conditions
of this Agreement;
WHEREAS, CITY has determined that The Improvements are a public workS subject to
California prevailing Wage requiremehts; .
NOW, THEREFORE; in consideratiòn of the mutual promises, conditions and covenants herdn ..
coritai,ntid, thepaities agree as follows:. .
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,IMPROVEMENTAGR,EBMENT. ..... . '
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Section 1.
Completion Time.
OWNER will commence construction of The Improvements within ninety (90) days following the
date on which CITY executes this Agreement. OWNER shall complete such Improvements no later than
two years following execution of this agreement. Time is of the essence in this Agreement.
CITY and OWNER acknowledge that construction of The Improvcments requires acquisition of
right-oJ~way from a third party. OWNER agrees that construction of that portion of The Improvements
locared within said right-of-way shall not commence until the right-of-way has been acquired. CITY and
OWNER agree that the OWNER may request an extension of the completion time in order to compcnsate
for delays due to the right-of-way acquisition, and that CITY will not unreasonably deny such a request.
Section 2.
Estiq\!,¡ted Cost of Immovc¡p.ents.
For purposes of this Agreement, thc estimated cost of constructing The Improvements is agrced to
be $$1,500,000, consisting of $200,000 for grading and creek improvements and $1,300,000 for the
bridge structurc. It is anticipated that a separate bond of $200,000 will be postcd with the issuance of a
grading permit for the project prior to the execution of this agreement, in which case the bond amount
noted above will be reduccd to $1,300,000. Said amounts include costs and reasonable expenses and fees
which may be incurred in enforcing the obligation secured.
Section 3.
Bonds Furnished.
Prior to commencing construction of the improvements, OWNER (or either the Lins or Sicrra
Land) shall furnish CITY with the following security in a form satisfactory to the CITY Engineer:
a. Faithful Performance. 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%) ofthe estimates set forth
in Paragraph 2 and SUJÍ1cient 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 Jicensed to conduct'a"general surety business in the State ofCa1ifol1lia,
or an instrument of credit equivalent to one hundred percent (100%) of the estimates set
forth in Paragraph 2 and sufficient to assure CITY that OWNER'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 requited herein shall conform to the provisions of Chapter 5 of the Subdivision Map
Act.
Section 4.
Ins1Jrance Required.'
, Prior to commencing c6nstruetionofthe improvements, OWNER shall öbtain or cause to be
obtained and filed with the CI1Y, aì1 msuranCerequired under this paragraph; and such insurance shall
have been ¡¡pprövedbytheAdmitÜsttative Services DirectQrof CITY, or his designee, as to form, amount
and carrier. PriDr to theçömmenceirœnt of work under this Agréement, OWNER'sgen¡:ral contractor '
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IMPROVEMEVT AGREEMENT
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shan 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
Serviccs Director of CITY, as to form, amount and carrier. OWNER shall not allow any contractor or
subcontractor to commence work on this contract or subcontract until all insurance required for OWNER
and OWNER's general contractor shall have been so obtained and approved. Said insurance shall be
maintained in full force and effect until.the completion of wo-rk under this Agreement and the Unal
acceptance thereof by CITY All requircments herein provided shall appear either in the body of the
insurance policjes or as endorsements and shall specifically bind the insurance carrier.
a. Minimum Scope ofInsurance. Coverage shal1 be at lcast as broad as:
(i) Insurance Services Office form numher GL 0002 (Ed. 1/73) covering
comprehensive General Liabilitv and Insurance Services Office form
number GL 0404 covering Broad Fonn Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
("occurrence" form CO 0001.)
(ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code I "any auto" and endorsement CA 0025.
(iii) Workers' Compcnsation insurance as required by the Labor Code ofthe
State of California and Employers Liability Insurance.
b. ' Minimwn Limits ofInsurance. OWNER shall maintain limits no less than:
(i) GeneratLiabilitv: $1,000,000 combined single limit per occurrence for
bodily iDjury, personal injury and property damage. If commercial Gcncral
Liability Insurance or other form with a general aggregate limit is used,
cither the general aggregate limit shall apply separately to this
proj cct/location or the general aggregate limit shall be twice the required
occurrence limit.
(ii) Automobile..:Liabilitv: $1,000,000 combined single limit per accidcnt for
bodily injury and property damage,
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(iii) Workers' Compensation and Employers Liabilitv: Workers' compènsation
limits as required by the Labor Code of the State ,of California and
Employers Liability limits ot'$I,OOO,OOO per accidcnt.
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 aIid employees; or the
OWNER shall procure a bond guaranteeing payment of losses and related
invcstigations, claim administration and defense expenses.
, d. Other Insurance Provisions, The policies are to contain, or be endorsed to contain,
, thefollowing provisions; "
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IMPROVBMEN'[ AGRJ>.EMJõN'f' "
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(i) General Liability and Automobile Liability Coverages.
(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 OWNER; products
and completed operations of the OWNER; premises owned,
occupied or used by the OWNER; or automobiles owned, leased,
hired or borrowed by the OWNER. 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 OWNER's insurance coverage shall be primary insurance as
respects the CITY, its. officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the CITY, its
officers, officials, employees or volunteers shall be excess of the
OWNER's insurance and shall' not contribute wi,th it.
(c) Any failure to comply with reporting provisions of the policies shall
not affect coverage providcd to the CITY, its officers, officials,
employees or volunteers.
(d) The OWNER's insurancc shall appJy 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) Ylorkers' Compensation and Emolovers Liability Coverage, The insurer
shall agree to waiveall rights of subrogation against the CITY, its officers,
officiaJs, employees and volunteers for losscs arising ITom work performed
by the OWNER for the CITY.
(iii) All Coverages.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancclled by either party, reduced
in coverage or in limits except after thirty (30) days' ptior 'written notice by
certified mail, return receipt requested, has been given to the CITY.
(a) Acceptability ofInsurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:Vn.
(b) Verification of Coverage. OWNER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage 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 corumences_ The CITY reserves theri"ghtto require compJete,
certified copies of allrequired insuràncepo1icies, at any time.
. \MPROVEMENT AGREEMENT.-..
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(c) Subcontractors. OWNER and/or OWNER's general contractor shall
include all subcontractors as insureds U:úder its policies or shall
obtain separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subj ect to
all of therequircments stated herein.
Section 5.
Work Performance and Guara!1tee,
Except as otherwise expressly provided in this Agreement, and excepting only items of routine
maintenance, ordinary wear and tear and unusual abuse orl1.eglect, OWNER guarantces all work executed
by OWNER and/or OWNER'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
acceptance of the entire work by CITY. 0 WNER 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 materi.aJ within said one-year gllarantee period without expense or
charge of any nature whatsoever to CITY. OWNER further covenants and agrees that when defects in
design, workmanship and materials actual1y appear during the one-year guarantee pcriod, and have been
corrected, the guarantec 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 OWNER shall f<ril to comply 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 tbe defect in writing, CITY shall have the right, but shall not be obligated, to rcpair or
obtain thc repair of the defect, and OWNER shaH 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 all immediate hazard
to the public health, safety, or welfare, CTTY shal1 have tbe right to immediately repair, or cause to be
repaired, such defect, and OWNER shall pay to CITY 0):\ demand all costs and expense of such rcpair.
The foregoing statement relating to hazards to health and safety shall be deemed to include either
temporary or permanent repairs that may be required as detcrmined in the sole 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, OWNER shan pay, ill addition to aetualcosts 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 þermitted by law accming thirty (30) days from the date of billing for such work or
rep airs.
Section 6.
Insoectionofthe Work;.
OWNER shall gu.arantee 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
rcpresentative shall havethe authority to reject all materials and workmanship which are not in
accordance with the plans and specifications, and all such materials and or work shaH be removed
promptly by OWì'ŒR and replaced to the satisfaçti()n of CITY without any expense to CITY in strict
accordance with the Improvements plans and specifications. .' .
Section 7_
'Ái!reement Assig¡µnent.
IMPROVEMENT A.GREEMENT ... -"" . -.'
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OWNER shall not assign this Agreement without the written consent of CITY, which consent
shaH not be umeasonably withheld.
Section 8.
Abandonment of Work.
Neither OWNER nor any of OWNER's agents or contractors are or shall be considered to be
agents of CITY in connec(Íon with the performance of OWNER's obligations under this Agreement.
If OWNER 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, or fails to
obtain completion of said work within such time, or if OWNER should be adjudged as bankrupt, or
should make a general assignment for the benefit of OWNER's creditors, or if a receiver should be
appointed, or if OWNER, or any of OWNER's contractors, subcorrtractors, agents or employees should
violate any of the provisioœ of this Agreemcnt, the CITY through its City Engineer may serve written
notice on OVVNER and OWNER's surety or holder of other security of breach ofthis Agreement, or of
any portion, thereof, and default of OWNER.
In the cvent of any such notice of breach of this Agreement, OWNER's surety shall have the duty
to take over and complete The Improvements herein specified; providcd, 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 performance of the contract, and does not commence pcrformance
thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and
prosecute tl]e same to completion, by contract or by aJ:lY other method CITY may deem advisable, for the
account and at the expense of OWNER and OWNER's surety shall be liable to CITY for any damagcs
and/or reasonable and documented excess costs occasioned hy CITY thereby; and, in such event, CITY,
without liability for so doing, may take possession of, and utnize in completing the work, such materials,
appJiances, plant and other property belonging to OWNER 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 required to be given to CITY shall be addressed as follows:
Melissa Morton '
PubliC Worb Director
City ofDublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to OWNER shall be addressed as follows:
Martin Inderbitzen
, ' Attorney at L¡\,w
7077Koll Center Plaza, #120
, PIeasariton, c"Jifornia 94566
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IMPROVEMENT AGREEMEN:r , ' ," ','".'
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4690 Chabot Drive, Suite 100Pleasanton, CA 94588
Notices required to be given surety of OWNER shall be addressed as follows:
Gregory Pribyl
Thc Inseo Dico Group
3100 Oak Road, Suite 260
Walnut Cre<òk, CA 94596, California 94566
Any party or the surety may change such address by notice in writing to the other party and
thereafter notiees shall be addressed and transmitted to tl1e new address.
Concurrently with the exeeution of this Agreement, OWNER has executed and has caused to be
acknowledged an abstract of this Agreement. OWNER agrees CIT};:may record said abstraet in the
Official Records of Alameda County.
Section 10. Safety Devices.
OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs,
warning lights, and other safety devices adjacerit to and on the site of The Improvements as ¡nay be
necessary to prevent accidents to the public and damage to the property. OWNER shall furnish, plaee,
and maintain such lights as may be necessary for illuminating the said fenees, barriers, signs, and othe,
~afety devices. At the end of all work to be performed under this Agreement, all fences, barriers,
regulatory signs, warning lights, and other safety deviees (except such safety items as may be shown on
th~ plans and included in the items of work) shaJJ be removcd ITom site of the work by the OWNER, and
the entire site left eJean and ordcrly. .
Section II. AccelJtance of Work and Easement.
Upon notice of the compleiionofThe Improvcments and the delivery of a set of final as-built
mylar plans with electronic file to CITY by OWNER, CITY, through its City Engineer or his designated
representative, shal1 examinc the work without delay, and, if found to be in accordance with said plans
and specifications and this Agreement, shall reçommend acceptance of the work to the City Council and,
upon such acceptance, shall notify OWNER or his designated agents of suph acceptanc¡e.
Concurrently with the notice of completion, OWNER shall grant to CITY a right of cntry or
such other right of access (including right of way and maintenance easements) as may be deemed
necessary by the City Engineer for the maintenanee of The Improvements, and, at acceptance of the
Work, CITY shall also accept the right-of-way and maintenance easement dedication. The right of
access shall bc over the property described in Exhibit A.
Secti9.Q.12. Patent and COPvright Costs.
In the event that said plans and specifications require the use of any material, process or. .
publieation which is subject to a du.ly registered patent or copyright, OWNER shall be liable for; and shall
indeinnify 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 m.aterial,process or publication. ....
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IMPROVEMEN1' A()REEMEm
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Section 13. 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 Agreemcnt shall not operate to release any SUIety or sUIeties from
liability on any bond or bond~ attached hereto and made a part hereof, and consent to make such
alterations is hereby given, and the sureties to said bonds hercby waive the provisions of Section 2819 of
the Civil Code of the State of California.
Section 14. Liabilitv,
a. OWNER Primarilv Liable. OWNER hercby warrants that its design and
construction of The Improvements will be performcd in a proper manner. OWNER
agrees to indemnify, defend, release, and save harmless CITY, and each of its
elective and appointive boards, commissions, officérs agents and employees, from
and against any and all loss, claims, suits, liabilities, actions, damagcs, or causes of
action of every kind, nature and description, dircctly or indirectly arising from an
act or omission of OWNER, its employees, agents, or indepcndent contractors in
connection with OWNER'S actions and obligations hereunder; provided as follows:
(i) That CITY does not, and shall not, waive any rights against OWNER which -
it may have by reason of the aforcsaid hold harrnles~ agreement, because of
the acccptance by CITY, or the deposit with CITY by OWNER, of any of
the insurance policies described in Paragraph 3 hereof.
(ii) That the aforesaid hold hannless agreement by OWNER shall apply to all
damages and claims for damages of every kind suffered, or alleged to havc
been sufTered, by reason of any of the aforesaid operations referred to in
this paragraph, regardless of whcther or not CITY has prepared, supplied, or
approved of plans and/or specifications for the subdivision, or regardless of
whether or not such insurance policies shan have been determined to be
applicable to any of such damages or claims for damages.
b. Design Defect. If a design defect in the work ofImprovements becoroe~ apparcnt
during the course of construction, or within on~ (1) year fol1owing acceptance by
the CITY of the Improvements, and said design defect, in the opinion of the CITY,
roay substantially impair the pubHc health and safety, OWNER shall, upon order
by the CITY, redesign the improvements as necessary to correct said design defect
and reconstruct the improvements as necessary to correct said design defect at his
sole cost and expcnse, and the sureties under the Faithful Performance and Labor
and Materials Bonds shan be liable to the CITY for the corrective work required.
c. Litigation Expen~Q§. In the event that legal action is instituted by either party to
this Agreement, and said action seeks damages forbreach of this Agreßment or
s~eks to specifically enforce the terms of this Agre~inent, and, in the ev~nt
judgment is entered in said action, the prevailing party shall be entitled to recover
its attorneys' fees and court costs. If crI'Y is the prevailing party, CITY shall also
be entitled to recover its attorney's fees and costs hi any action against QwNER's
SUIety on the bonds provided under Séction 3.
IMPROVEMEl'IT AGRÉEMENT - ,
Tassajara ROad,~IÍdge,BÍN¡)rtheri? DraInage (Shado'whiÚ D~v~:;
.,_.,
PagCl 8 'of 9
\O~ B
Section 15. Right of Entrv.
CITY grants to OWNER a right of entry to enter upon the property within Tassajara Road with
such personnel, equipment, machinery, vehicles and materials as may be necessary for the sole purpose of
construction of The Improvements pnrsuant to this Agreement. This right of entry shall be effective upon
the date of this agreement and shall telminate on upon acceptance of The Improvements by th,e City.
There, shaH be no payment for the right of entry. OWNER's obligation to indemnify, defend and hold
CITY hannless, as described in Section 15, shall be applicable to any acts or omissions of OWNER, its
contractors, subcontractors and agents, in cOllilection with this right of entry_
Section 16. Indemnification and Waiver_
OWNER shall defend CITY, its officers, employees and ofí'ícials, against any clairils or actions
(including declaratory or injunctive relief) concerning OWNER's construction of The Improvements on
OWNER's property and shall indemnify and hold CITY harmless fiom any damages, charges, fees of
penalties that may be awarded or imposed against CITY and/or OWNER in connection with, or on
account of, OWNER's construction of The Improvements and/or CITY's failure to enforce or comply
with any applicable laws.
Scc!i9ll 17.
Credits
CITY will-provide a credit to OWNER for dedication of any right-of-way needed for The
Improvements if such right-o f-way is needed for improvcments described in the Eastern Dublin Traffic
Impact Pee (Resolution No. 111-04 including any amendments thereto). Al1 aspects of the credit shall be
governed by the City's Administrative Guidelines (Resolution No. 221-04) including any amendments
thereto) .
CITY will provide a credit to OWNER for construction of The Improvements if such
improvements arc dcscribcd in the Eastern Dublin Traffic Impact Pee (Resolution No. 111-04 including
any amendnlCnts thereto). All aspects of the credit shall be governed by the City's Administrative
Guidelines (Resolution No. 221-04) including any amendments thereto).
Section 18. Recitals.
The føregoing Recitals are trLIC and correct and are made a part hereof.
IN WITNESS WHEREOF, the 'parties hereto have executed this Agreement in duplicate at
Dublin, California, the day and year lirst above written.
OWNER:
c:;t:-.Æ-dk/ #ÞA~;( Date:, ~ :Jc~ i~
, ~ Cb£ng.pu, -O-,Lin ~fo 1m, 'own :Is, JC,nnifer Lin)
, jb ~' .,/?o'/f"eAf!!-r~ þ-;o _ ,
- ,
,',~e.,-.~r;; d/14,4¿- L; Da~e:~~- -~J'~
, ," ,.ftong Lien Lm (also known ai-Fredencit;Fr'edenc
" ?kffMf'ß7¿i;';{'¿~~~, '.
IMPROVEMENT AGREEMENT ' , ", . ,-, ',' ,'" " , , ' Pogo 9 0' 9
1'assajam Ro~d Bridge at"'l"!orth~rn, DJiinag~ (Shadowbill~riv,e)·."· ~.,.'
CITY OF DUBLIN:
By:
Janet Lockhart, Mayor
Date:
;-.,.' ..
.
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18;40 FAX 925 416 1833
MacKay & Somps
~ CITY OF DUBLIN
tal 008/011
II~\?
16034-2
3/1/05
B.c.
EXHIBIT A .
PAGE 1 01"2
DESCRIPTION
LANDS OF SPERJlSLAGE TO BE
CONVEYED TO THE CITY OF DUBLIN FOR
TASSAJARA ROAD WIDENING
ALAMEDA COUNTY, CALIFORNIA
ALLTIIAT CERTAIN REAL PROPERTY SITUATED IN TIlE UNINCORPORATED AlŒA, COUNTY OF
ALAMEDA, STATE OF CALIFORNIA, BEING A PORTION OF THE LANDS OF SPERFSLAGE, ETAL, AS
. DESCRIBED IN DOCUMENT SERIES NO. 97-114479, AND AS SHOWN ON RECORD OF SURVEY, NO. RS
1005. FILED IN BOOK 16 OF RECORD OF SURVEYS AT PAGES 37 'I'BRD 51, ALAMEDA COUNTY
RECORDS, MORE PARTICULARLY DESCRIBED AS FOlLOWS:
BEGrnNING AT TIIE NORTHEAST CORNER. OF SAID LANDS OF SPERFSLAGE, SAID POINT ALSO
BEING ON THE EXISTING WESTERLY RIGHT OF WAY LINE OF TASSAJARA ROAD (A 33.00 FOOT
HALF STREET) AS SHOWN ON SAID RECORD OF SURVEY, THENCE ALONG THE NORTHERLY LINE
OF SAID LAND OF SPERPSLAGE, SOUTII 53°54'16" WEST 90.00 FEET; TIIENCE LEAVING SAID
NORTHERLY LINE AND ENTERING SAID LANDS, SOUTII 54°26'26" EAST 38.99 FEET TO A POINT ON
THE FUTURE WESTERLY RIGHT OF WAY LINE OF TASSAJARA ROAD (FUTURE 64.00 FOOT HALF
STREET), TIlENCE SOUTH 86°35'44" EAST 36.43 FEET TO A POINT ON SAID EXISTING WESTERLY
RIGHT OF WAY LINE OF TASSAJARA ROAD, SAID RIGHT OF WAY LINE BEING COINCIDENT WITIl
TIlE EASTBRL Y LINE OF SAID LANDS OF SPERFSLAGE, THENCE ALONG SAID COINCIDENT LINE
NORTIl3'24'16" EAST 78.00 FEET TO TIlE POINT OF BEGINNING. .
(. PTN APN 986-0003~OOl
CONTAINING 3,086 SQUARE FEET. MORE OR LESS
.
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DATE: 3-2-05 JOB NO. 16034-40
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