HomeMy WebLinkAbout4.13 NissanAutoImprvmtCZTY CLERK FILE # 0600-30
AGENDA STATEMENT
CZTY COUNCZL MEETZNG DATE: September 5, 2000
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:~
FINANCIAL STATEMENT:
Approval of Improvement Agreement with Bay Automotive
Properties LLC, a Califomia limited liability company, for
improvements to Scarlett Drive associated with the Dublin Nissan
Auto Dealership.
Report Prepared by: Lee S. Thompson, Public Works Director
1)
2)
3)
Resolution approving the Improvement Agreement for
improvement of a portion of Scarlett Drive.
Improvement Agreement with Bay Automotive Properties
LLC, a Califomia limited liability company, for
improvements to Scarlett Court
Vicinity Map
1)
Adopt a resolution approving the Improvement Agreement
for improvement of a portion of Scarlett Drive.
Bay Automotive Properties LLC, a California limited liability
company, is providing performance and labor and materials bonds to
guarantee construction of the public right-of-way improvements for
Scarlett Drive in conjunction with development of the Dublin Nissan
Auto Dealership, and will pay the cost of the associated construction
inspection. Once improvements have been constructed and
accepted, the City will incur maintenance costs for City-street
improvements.
DESCRIPTION: The portion of Scarlett Drive being improved by Bay Automotive
Properties LLC extends from the existing Scarlett Court on the south along the east side of the Chabot
Canal to the northern property line of the Dublin Nissan site to serve the dealership property. When the
properties to the north develop in the future, the road will be extended to Dublin Boulevard. Ultimately,
existing Scarlett Drive on the west side of Chabot Canal will be converted to two southbound lanes, and
the new segment of Scarlett Drive on the east side of Chabot Canal will be converted to two northbound
lanes.
An Improvement Agreement with Bay Automotive Properties LLC, a California limited liability
company, is required with this project which covers all of the public right-of-way improvements
G:\develop\dublin nissan\agst scarlett dr
COPIES TO: Donald V. Strough, Bay Automotive
Properties LLC
ITEM NO.
associated with the Scarlett Drive extension for Dublin Nissan, including street improvements, grading
and utilities, landscaping and joint trench improvements.
The improvement plans for this project have been reviewed and found to be in substantial conformance
with the Conditions of Approval. All of the required fees, bonds, insurance certificates and the signed
Improvement Agreement have been submitted.
Staff recommends that the City Council adopt the Resolution approving the Improvement Agreement for
improvement of a portion of Scarier Drive.
Page 2
RESOLUTION NO. - O0
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE IMPROVEMENT AGREEMENT
FOR IMPROVEMENT OF A PORTION OF SCARLETT DRIVE (DUBLIN NISSAN)
WHEREAS, the public right-of-way for Scarier Drive, in the incorporated territory of the City
of Dublin, State of California, to serve the proposed Dublin Nissan auto dealership, has been
irrevocably dedicated to the public by separate instrument, all in accordance with the Conditions of
Approval for a Conditional Use Permit and Site Development Review (Planning Commission
Resolution 00-30); and
WHEREAS, the developer, Bay Automotive Properties LLC, a Califomia limited liability
company, has executed and filed with the City of Dublin an Improvement Agreement to improve a
portion of Scarlett Drive in accordance with the fight-of-way dedication documents, the improvement
plans, and the specifications attached thereto; and
WHEREAS, said contract is secured by bonds in the total amount of $174,300.00 for Scarlett
Drive improvements, conditioned upon faithful performance of said Agreement; and
WHEREAS, said contract is secured by bonds in the total amount of $87,150.00 for Scarlett
Drive improvements, 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 be and they are
hereby approved, and the Mayor is hereby authorized by the City Council to execute the contract.
PASSED, APPROVED AND ADOPTED this 5th day of September, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
g.' Idevelopldublin nissanlreso scarlett dr
CITY OF DUBLIN
IMPROVEMENT 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 Bay
Automotive Properties LLC, a California Limited Liability Company, 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 desires to improve and dedicate Scarlet Drive in accordance with
the requirements and conditions set forth within the City of Dublin Planning Commission
Resolution No. 00-30 adopted on June 13, 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 said 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.
Page 1
ATT:ACH ENT 2,
a. Faithful Performance Bond. Developer shall furnish City with a bond
conditioned upon the faithful performance of this Agreement, said bond to be in the penal sum
of $174,300.00.
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 bond shall be in the penal sum of $ 87,150.00.
3. Insurance Reauired. 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 designated representative for the safe and
convenient inspection of the work throughout its construction. Said City representative shall
have the authority to reject all materials and workmanship which are not in accordance with
the plans and specifications, and all such materials and or work shall be removed promptly by
Developer and replaced to the satisfaction of City without any expense to City in strict
accordance with the improvement plans and specifications.
6. Agreement Assignment. This Agreement shall not be assigned by Developer
without the written consent of City.
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 pdor 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 improvement 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 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. Until acceptance of improvements by the City,
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 hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
CITY OF DUBLIN
By
Mayor
ATTEST:
City Clerk
DEVELOPER
Type or Print Name
Title
Page 5
a~ved: 8/ 2/2000 3:~3PM; ->Cl~y of DuDi~n PW/F~Pe; ~906; Page 2
//00 15:00 FAX 209 942 0214 Siegfried gng
Item Description
Street Improvements
1 Subgrade Preparation
2 5"AC/17.5"AB
3 Barricade
4 Striping a Signage
5 Vertical Curb and Gutter
6 Curb, Gutter & Sidewalk per (CD-301)
7 36' Driveway per (SD-307)
8 HCP Ramp per (CD-303)
9 HCP P,a~np per (SD-J09)0VIodi~ed)
10 6' Chain Link Fence
11 Monument
SUBTOTAL
ENGINEER'S OPINIOi~q OF PROBABLE CONSTRUCTION COSTS
'DUBLIN VOLI~.WAGON OFFSITE IFvIPROVEiVIENTS
DUBLIN, CALIFORNIA
August 2, 2000
Quantity Unit Unit Price
19,000 SF
15,100 SF
35 LF
1 LS
564 LF
586 LF
2 EA
1 EA
1 EA
525 LF
2 LS
0.55
3.50
30.00
3,000.00
16.00
25.00
575.00
750.00
750.00
10.20
550.00
[~002/002
Total
10,450.00
52,850.00
1,050.00
3,000.00
9,024.00
i4,650.00
1,150.00
750.00
750.00
5,355.00
1,100.00
$100,129.00
Storm Improvements
12
13
14
15
16
17
18
19
20
2I
22
36" Storm Drain Pipe
24." Storm Drain pipe
21" Storm Drain Pipe
18" Storm Drain Pipe
15" Storm Drain Pipe
Type B SDMH per (SD-406)
Type A Curb Inlet per (CD-400)
Convert Type A Curb Inlet per (CD-400)
Type IA Ouffall Structure per (SD-405)
Extend 18"SD & Move Ex. CB
Connect to Existing Headwall
SUBTOTAL
14' LF
32 LF
202 LF
44 LF
65 LF
2 EA
2 EA
1 EA
1 EA
1 LS
I EA
45.00
42.00
40.00
36~00
30.00
2,200.00
1,500.00
600,00
6,700.00
1,000.00
2,000.00
630.00
1,344.00
8,080.00
1,584.00
1,950.00
4,400.00
3,000.00
600.00
6,700.00
1,000.00
2,000.00
$31,288.00
Street Light Improvements
23 Electrolier'w/Conduit Wiring &
24 Appurtenances
SUBTOTAL
EA
2,000.00
6,000.00
$6,000.00
Removal
25
26
27
and Demolition
Remove Existing SD Pipe and Structure
RemoVe Existing C,G, and SW
Saw Cut Existing Pavement
SUBTOTAL
1
75
84
EA
LF
LF
1,000.00
22.20
2.00
1,000.00
1,665.00
168.00
$2,833.00
Erosion Control
28 Erosion Control
SUBTOTAL
1 , LS
5,000.00
5,000.00
$5,000.00
TOTAL
CONTINGENCIES (20%)
GRAND TOTAL
SCARLETTEST8-02-00
145,250.00'
29,050.00
$174,300.00
a~ved: 8I 2/2OOO 3:48PM; ->O~y of Dublin PWfF~Pe; #908; Page
15:00 FAX 209 942 0214 Siegfried gng
002/002
Item
Street
1
2
3
4
5
6
7
8
9
10
11
ENGINEER'S OPINIQ~ OF PROBABLE CONSTRUCTION COSTS
'DUBLIN VOLK~WAGON OFFSITE IMPROVE1VEENTS
DUBLIN, CALIFORNIA
August 2, 2000
QuantitY
Description Unit
Improvements
Subgrade Preparation 19,000 SF
5"AC/17.5"AB 15,100 SF '
Barricade 35 LF
SWiping & Signage 1 LS
Vertical Curb and Gutter 564 LF
Curb, Gutter &Sidewalk per (CD-301) 586 LF
36' Driveway per (8D-307) 2 EA
HCP Ramp per (CD-303) 1 EA
HCP Ramp per (SD-309)(IvIodified) I EA
6' Chain Link Fence 525 LF
Monument 2 LS
SUBTOTAL
Unit Price
0.55
3.50
30.00
3,000.00
16.00
25.00
575.00
750.00
750.00
10.20
550.00
Total
10,450.00
52,850.00
1,050.00
3,000.00
9,024.00
i4,650.00
1,150.00
750.00
750.00
5,355.00
1,100.00
$100,129.00
Storm Improvements 12 36" Storm Drain Pipe
13 24" Storm Drain pipe
14 21" Storm Drain Pipe
15 18" Storm Drain Pipe
16 15" Storm Drain Pipe
17 Type B SDMH per (SD-400D
18 Type A Oarb Inlet per (CD-400)
19 Convert Type A Curb Inlet per (CD-400)
20 Type iA Ouffall Straeture per (8D-405)
2I Extend 18"SD & Move Ex. CB
22 Connect to Existing Headwall
SUBTOTAL
14' LF
32 LF
202 LF
44 LF
65 LF
2 EA
2 EA
1 EA
1. EA
1 LS
1 EA
45.00
42.00
40.00
36.00
30.00
2,200.00
1,500.00
600.00
6,700.00
1,000.00
2,000.00
630.00
1,344.00
8,080.00
1,584.00
1,950.00
4,400.00
3,000.00
600.00
6,700.00
1,000.00
2,000.00
$31,288.00
Street Light Improvements
23 Electroller'w/Conduit Wiring &
24 Appurtenances
SUBTOTAL
EA
2,000.00
6,000.00
$6,000-00
Removal
25
26
27
and Demolition
Remove Existing SD Pipe and Structure
Remove Existing C,G, end SW
Saw Cut Existing Pavement
SUBTOTAL
1
75
84
EA
LF
LF
1,000.00
22.20
2.00
1,000.00
1,665.00
168.00
$2,833.00
Erosion Control
28 Erosion Control
SUBTOTAL
1 ' LS
5,000.00
5,000.00
$5,000.00
TOTAL
CONTINGENCIES (20%)
GRAND TOTAL
SCARLETTEST8-02-00
145,250.00"
29,050.00
$174,300.00
ALL-PURPOSE ACKNOWI, EDGEMENT ~ ~ /D
State of California
County of
t~k3'~t2i~" ~.~ beforeme,
On ' '
(DATE)
personally appeared
S|GNE~R(S)
(NOTARY)
/[~7personally known to me
OR- []
iMComm.#t188154 ~
proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same' in his/her/their authorized
capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand d official seal.
;~/ NOTARY'S SIGNATURE ' ~
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
'edgement to an unauthorized document.
CAPACITY CLADlED BY SIGNER (PRINCIPAL)
[] INDIVIDUAL
[] CORPORATE OFFICER
TITLE(S)
[] PARTNER(S)
[] ATTORiqEY-IN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
~) OTHER: L-i.._ C-. M ,~R~
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY([ES)
RIGHT THUMBPRINT
OF
SIGNER
APA 5/99 VALLEY-SIERRA, 800-362-3369
D
6001 Scarleft Ct.
8015
7/""'
986 / I
ALAM
OFFICE
FOR ASSES
REPRODt
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