HomeMy WebLinkAbout4.09 PM 7580 WilcoxCTTY CLERK FILE # 600-60
AGENDA STATEMENT
CZTY COUNCZL MEETZNG DATE: September 2000
SUBJECT:
Approval of Parcel Map 7580, Alameda County Surplus Authority
and Wilcox Development Services, Inc.
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
2)
3)
Resolution Approving Parcel Map 7580
Reduced copy of Parcel Map 7580
Tract Developer Agreement
RECOMMENDATION: /C~ Adopt resolution approving Parcel Map 7580
FINANCIAL STATEMENT:
The developer, Wilcox Development Service, Inc., is providing
Performance and Labor And Materials Bonds to guarantee the
constraction of improvements in City streets, traffic signals and
landscaping improvements, and will pay the cost of construction
inspection. Once City improvements have been constructed and
accepted, the City will incur maintenance costs for City-maintained
improvements. Landscaping improvements fronting the public
streets will be maintained by the City through a landscape
maintenance assessment district.
DESCRIPTION: Parcel Map 7580 further splits parcel 3 of Parcel Map 7233, which
is a 25.72-acre parcel owned by the Alameda County Surplus Authority and located within the Eastern
Dublin Specific Plan area. Parcel Map 7580 is bounded by Arnold Road on the west, Hacienda Drive on
the east, the extension of Dublin Boulevard on the south, and the extension of Central Parkway on the
north. The property is being divided into two parcels: Parcel 1 is 11.36 acres; Parcel 2 is 14.36 acres and
will be the site of Sybase Corporation's new corporate headquarters. The developer of Parcel 2, Wilcox
Development Services, Inc., plans to construct two large office buildings totaling 420,000 s.f. The project
is currently undergoing building permit review by the City' s Building Department.
Parcel Map 7580 includes an offer of dedication for the widening of Central Parkway as a public street
and various utility, public service, emergency vehicle, traffic signal, access and drainage easements, and is
therefore being brought to the City Council for approval. The Alameda County Surplus Authority plans
to contract with the developer for the construction of public improvements such as traffic signals, left- and
COPIES TO: Wilcox Development Services
· ITEM NO. 411~ ~
g:\develop\sybase\agst 7580.doc '
right-turn pockets, median improvements, curbs and sidewalks, and landscaping along project frontages
on Central Parkway and Dublin Boulevard.
Final Parcel Map 7580 has been reviewed and found to be in conformance with the Tentative Map and
Conditions of Approval for the project. The required fees, bonds, insurance certificates, and signed Tract
Developer Agreement have been submitted.
Staff recommends that the City Council adopt the resolution approving Parcel Map 7580.
2
RESOLUTION NO. - 00
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING PARCEL MAP 7580
/c5~/~-
WHEREAS, Parcel Map 7580, in the incorporated territory of the City of Dublin, State of California~
has been presented to this City Council for approval, all in accordance with the provisions of the Subdivision
Map Act of the State of Califomia and the City of Dublin Municipal Code; and
WHEREAS, the developer, Wilcox Development Services, Inc., has executed and filed with the City
of Dublin, a contract to improve proposed public improvements within Parcel Map 7580 in accordance with
the improvement plans of Parcel Map 7580, the improvement plans and specifications attached thereto; and
WHEREAS, said contract is secured by bonds in the amount of $1,817,744 for City street and storm
drain improvements, conditioned upon faithful performance of said contract; and
WHEREAS, said contract is secured by bonds in the amount of $ 908,872 for City street and
storm drain improvements for the benefit of laborers and materialmen upon the work and improvements,
conditioned upon payment for labor performed or material furnished under the terms of said contract.
NOW, THEREFORE, BE IT RESOLVED that said contract and bonds be and they are hereby
approved.
BE IT FURTHER RESOLVED that Parcel Map 7580 be and the same is hereby approved; and that
rights to the areas marked as the following Parkway: Central; and those strips of land marked as Public
Service Easement (P.S.E.), Traffic Signal Easement (T.S.E.), Emergency Vehicle Access Easement
(E.V.A.E.) and Sidewalk Easement (S .W.E.) as offered for dedication to public use in conformity with the
terms of dedication be, and they are hereby accepted, subject to improvement; and that the Clerk of this City
Council be and is hereby directed to transmit said Map to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 5th day of September, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
A ' .ACHMENT_ -
SIX ( ~ ) SHEETS, ~ STA'IGE~ D~G UPON SHEET GE (I) 1HEF~(~: THAT I1 CONSOtiS
[] FBS0NALLYkNO~mTOEGR
;nAVeS) S/ARE ~ 10 ama~ al'a~ iNstant.troT N,e ~ TO E THAT
NAME or NOTARY GoaN1ED)
Co amlS~e I G~
MAP 7580, C~Yg maUH, COLalY~ ALAV~A, STA'fi:(F CAUFCRHiA'CaiSISTI~OFaX(6)
EASD~TRAFFlCSaGNALEASZJaDfiS,
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[ 1
PARCEL MAP 7580
CITY OF DUBLIN, COUNTY OF ALAMEDA,
STATE OF CALIFORNIA
DATED: MARCH 2000
BEING A SUBDIVISION OF PARCEL THREE OF
PARCEL MAP 7233, FILED JUNE 26, 1998,
IN BOOK 236 OF PARCEL MAPS, PAGES 7-13,
ALAMEDA COUNTY RECORDS.
I) KIER & WRIGHT
JOB: NO. 99645-& SHEET 1 OF 6 SHEETS
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this __ day of , 2000, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
Wilcox Development Services, Inc. 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 and dedicate certain public
improvements shown on Parcel Map 7580, in accordance with the requirements and
conditions set forth within the City of Dublin Planning Commission Resolution No.00-23
adopted on May 9th, 2000; 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
specifications for said development approved by said City Council, 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; and
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 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 the work required by this Agreement
within thirty (30) days following the date on which City executes this Agreement. Developer
shall complete s. aid work not later than three hundred sixty-five (365) days following said date
of execution. 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, including any
authorized modifications.
2. Bonds Furnished. Concurrently with the execution of this Agreement, Developer
shall furnish City with a-Faithful Performance Bond and a Labor and Materials Bond. Each
bond shall be in a form prescribed by City, and shall be issued by a company duly and legally
licensed to conduct a general surety business in the State of California. Each bond shall
become a part of this Agreement.
A.!'TACHMENT,: ..........
Page ·
a. Faithful Performance Bond. Developer shall furnish City with bonds
conditioned upon the faithful performance of this Agreement, said bonds to be in the total
penal sum of $1,817,744.
b. Labor and Materials Bond. Developer shall furnish City with a bond
conditioned upon payment of all claims for labor and materials used or consumed in the
performance of this Agreement.' Said bond shall comply with the laws of 'the State of'
California, and with Title 15, Part 4, Division 3 of the Civil Code of the State of California
(commencing with Section 3082). Said bonds shall be in the total penal sum of $ 908,872.
3. Insurance Required. Concurrently with the execution of this Agreement, Developer
shall furnish City with evidence of insurance coverage as specified below.
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+, X or better. All certificates of
insurance shall name the City and its officers, agents and employees as additional insureds,
shall contain a provision that a written 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 accomplished
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.
Page 2
5. Inspection of the Work. Developer shall guarantee free access to City through
its Public Works Director/City Engineer and his desig-nated 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.
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 all 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, warning lights, and other safety devices adjacent to and on
the tract site as may be necessary to prevent accidents to the public and damage to the
property. Developer shall furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to
be performed under this 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.
Page 3
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
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.
Page 4
IN WITNESS WHEREOF, the parties hemto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written,
CITY OF DUBLIN
By
'Mayor
ATTEST:
City Cterk
DEVELOPER
WDS-Dublin, LLC, a California Limited Liability Company
By: ' ' ' ember
By .......
TODD K. ASHBROOK
Type or Print Name
State of
County of
SENIOR VTQF, PRF.~IDENT
Title
On this day of y ,2000, before me, the
undersigned notary publi~/t~~/~-~/}~/9/-/_,/ known to me to be the
personally appeared ,
person whose name is subscribed t the within instrument and acknowledged that he
executed the same for the purposes therein contained.
' ~.~ MICHELLE BLACK
"' "*'= MY COMMISSION EXPIRES
Notary Public
Page 5
.ENGINEER'$ ESTIMATE
HACIENDA DR., DUBLIN BL VD, AND CENTRAL PKWY IMPROVEMENTS
FOR
SYBASE PROJECT
DUBLIN, CALIFORNIA.
I. HACIENDA DRIVE IMPROVEMENTS
Demolition
2 Clearing & Grubbing
3 Rough Grading
4 Fine 8ubDr'adtng
5 Aspht~lt psvement (6~ AC
9.6" Cl~ms 2AB ever24' ASB)
6 8awcu~ existing AC paysmere
Curb and Gutter
Driveway
9 Landscaping
11 SIgn Poles
12 Right Turn An'ow
13 Erosion Control
14 Relocate FH
15 ReIQcat~ CB
16 P, etocate Btowoff
17 AdJust C4~bie Box to Grade
18' Relocate Traffic SIgnal BOx
19 Relocate, Traffic Si~mal Poles
20 New Detector Loop
.21 Sidewalk
22 . ReloCate Light
23 HC Ramp
LS 1
LB
CY 730
SF 5205
RF 5205
L.F.
LF 445
EA 1
8F EXCLUDED
L~ 302
EA
F_,.A 3
LS 1
~A 2
~ 2
~A 1
EA 1
EA 1
EA NtA
EA 1
SF e.xduded
EA
EA
$5,000
$5.00
$0.20
$3.00
$1.50
$15.00
$3,000.00
$2.00
$100.00
$400.00
$1,0.O0-QO
$2,500 ,O0
$5,500,00
$3,000.00
$1,500.00
$20.000.00
BUILT PER BKF PLANS
$5,000.00
$3,00
$3,S00,00
$4oo,00
8t16/00
JOb No.99645
$~,000.00
S3,650.00
$1,041.00
$15.515.00
S6,675.00
$3,000.00
$O.0O
5504.00.
$300.00
$1,200~0
$%000.00
$5,o00~o
$11,000.00
~3,000~00
$1.S00.00
$20,000.00
$0~0
$S,O00.00
$0.00
$3,500-00
$1,200.00
9g~4~D'"xt~ Pege I af4
DUBLIN BLVD IMPROVEMENTS
~ DF.,fC,,T~]'p.I'ION ,~I'N)'7' OU'Arv~IT'Y
I Demoll~on ~ 1
2 C~dng & Grabbing
3 Rough Gmdln~ CY 969
4 Firl~ SuWr~ding SF
~phalt pavement (r AC
9,~" Class 2 ~ Over 24" ASB)
6, S~cut exl~nD AC pavffient L,Fj 590
Y Cu~ and G~tter LF 230
8 Me~iBn Crab LF
9 ~rivew~ EA 1
10 HC Ramps ~ excfuded
1 ~ld~alk SF (ex~uded)
~2 ~pi~g LF
14 Left Turn ~
15 Sign PO~
16 Er0Si~n Co~r~ LS 1
17 Relo~te CB ~ 1
18 ~nds~ping
Subt0tal
Contingencies
'TOTALr.:QSTS,
$5,000.00
$3.500.00.
$020
$1.50
$17.00
$3,000.00
$400 .~0
$3~00
$2.00
,$400.00
~O0,O0
$100,00
$~ ,000.00
$5,000.00
$0.00
Suittotal
15% Contingwn~el
TOTAL COSTS
$91,632,50
$~ ,500.00
$4,845.00
$1 ,~78,00
$20,670.00
$885,00
$3,4so,oo
$S,.44o,oo
$3,ooo,oo
$0.00
,,u4o,Oo
$400.00
:~00-00
$~ .o00.00
$0.00
~,eoB.oo
$8,S4't .20
$53,949,20
89645-R.xla Psge 2 of 4
IlL ADDITIONAL SIGNALS TRAFFIC SfGNAL IMPROVEMENT9
2 Gen~l Pa~ay Signal (1 ~
3 Haden~a ~nd Gie~on ~ 1 $1B,OD0,0O
4 Cen~t and Hlbeml~ EA 1 $1~.000,00
15% C~ngen~
TQ~AL COSTS
TOTAL OFFS|TE COSTS
IV. ON-SiTE GRADING AND SbLARED ACCESS IMPROVEMENTS
6 Auto pavement future access to edjace $F 6625
9" C~as$ 2 AB )
7 Sewcut exlsttng AC.pavement LF. .210
B Curb an6 Gutter M=in Drive Aisle LF 485
9 Curb Main Drive Aisle LF 1750
10 Sidewalk ~IF 2200
1 t Landscaping 8F 15500
12 Ele~ruSers EA 20
13 Cable and Conduit L,F. 1475
'~4 HandiCap romp EA 15
1,5 4" SD LF 74
16 8" S,D LF 59
17 it' SD LF 980
18 10' SD LF 250
,4.9,000,00
$5-00
$2,t0
'$2-00
$1,50
$12.00
$10.aO
$3,00
$3,00
$2,800.00
$I 5,00
$~OO,O0
$14.00
$18.00
$20,00
$25,00
$75.000.00
SIS0,000,00
$qso,.oon.oo
$17~,000.00
$700,000.00
$105,000,00
$805,OO0.OO
$974,326.58
$8,000,00
$49,000,00
$115,000,00
$121,968,00
$98,051.10
$13,250.00
$315,00
$5,820.00
$17,500.00
$6,600.00
f45,50Q.00
tSO,000,OO
$22,125.00
' $9,000.00
$1,038.00
$1,242.00
$19,000
Page 3 of 4
2~ 18."
22.24" SD
23 Catch Basin
26 Erosion Control Ptan
LF
L.F.
LF
LF
F.A
L$
102
700
8,52
256
23
18
1
$43~00
$300.00
$~,000.00
Submm~
TOTAL COSTS ·
$24,570.00
$30,100.00
,~.00.
$23,0Q0.00
,f~400.O0
$5.000.00
$8,000,00
$733,407.10
$t ~ O,O~ 1.07
$8~3,41B,,17
TOTAL BOND SUMMARY
HACIENDA IMPROVEMENTS
U DUBLIN IMPROVEMENTS
ill TRAFFIC SIGNAL rMPROVF. ML:NTS
ON-SITE COSTS
ON. frr..F..CO£r
$843,418-11r
OFF~'ITE CO,,CI'
$105,377.38
$63,949.20
~805,000.00
TOTAL COST
$843,418,17
$974,326.58
1~sge 4 c~f 4