HomeMy WebLinkAboutReso 162-10 Silvera Rch Tr 7540RESOLUTION NO. 162 - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING TRACT IMPROVEMENT AGREEMENT
FOR TRACT 7540, SILVERA RANCH PHASE 4
WHEREAS, the CITY and Pinn Brothers Fine Homes, dba Pfeiffer Ranch Investors II,
Inc., the owner of Tract No. 7540, entered into a Tract Improvement Agreement on May 15,
2007 ("the Original Improvement Agreement"), to complete those public improvements
(hereinafter "The Improvements") required by City of Dublin Planning Commission Resolution
No. 03-48 adopted on September 23, 2003, in accordance with the requirements and
conditions set forth in said resolution; and
WHEREAS, Pinn Brothers Fine Homes has partially completed The Improvements; and
WHEREAS, KB Homes, dba KB South Bay Home South Bay, Inc., has acquired the
Tract 7540 property from Pinn Brothers Fine Homes, and Pine Brothers Fine Homes desires to
transfer to KB Homes its obligations under the Original Improvement Agreement; and
WHEREAS, KB Homes has executed and filed with the City of Dublin a Tract
Improvement Agreement for Tract 7540 to construct required subdivision improvements in
accordance with the Conditions of Approval for the Tentative Map, and with the improvement
plans attached thereto; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Aon
Construction Services Group in the amount of $233,637 for the in-tract civil improvements
(Bond No. CMS256290) and in the amount of $449,536 for the Fallon Road improvements
(Bond No. CMS256289), conditioned upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Aon
Construction Services Group in the amount of $233,637 for the in-tract civil improvements
(Bond No. CMS256290) and in the amount of $449,536 for the Fallon Road improvements
(Bond No. CMS256289), conditioned upon payment for labor performed or material furnished
under the terms of said Agreement.
NOW, THEREFORE, BE IT RESOLVED that:
1. Said Agreement is hereby approved; and
2. The Performance Bond issued by Aon Construction Services Group in the amount
of $233,637 for the civil in-tract improvements (Bond No. CMS256290) be
accepted as security; and
3. The Labor and Materials Bond issued by Arch Insurance Company in the amount
of $233,637 for the civil in-tract improvements (Bond No. CMS256290) be
accepted as security; and
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RESOLUTION NO. 162 - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING TRACT IMPROVEMENT AGREEMENT
FOR TRACT 7540, SILVERA RANCH PHASE 4
WHEREAS, the CITY and Pinn Brothers Fine Homes, dba Pfeiffer Ranch Investors II,
Inc., the owner of Tract No. 7540, entered into a Tract Improvement Agreement on May 15,
2007 ("the Original Improvement Agreement"), to complete those public improvements
(hereinafter "The Improvements") required by City of Dublin Planning Commission Resolution
No. 03-48 adopted on September 23, 2003, in accordance with the requirements and
conditions set forth in said resolution; and
WHEREAS, Pinn Brothers Fine Homes has partially completed The Improvements; and
WHEREAS, KB Homes, dba KB South Bay Home South Bay, Inc., has acquired the
Tract 7540 property from Pinn Brothers Fine Homes, and Pine Brothers Fine Homes desires to
transfer to KB Homes its obligations under the Original Improvement Agreement; and
WHEREAS, KB Homes has executed and filed with the City of Dublin a Tract
Improvement Agreement for Tract 7540 to construct required subdivision improvements in
accordance with the Conditions of Approval for the Tentative Map, and with the improvement
plans attached thereto; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Aon
Construction Services Group in the amount of $233,637 for the in-tract civil improvements
(Bond No. CMS256290) and in the amount of $449,536 for the Fallon Road improvements
(Bond No. CMS256289), conditioned upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Aon
Construction Services Group in the amount of $233,637 for the in-tract civil improvements
(Bond No. CMS256290) and in the amount of $449,536 for the Fallon Road improvements
(Bond No. CMS256289), conditioned upon payment for labor performed or material furnished
under the terms of said Agreement.
NOW, THEREFORE, BE IT RESOLVED that:
1. Said Agreement is hereby approved; and
2. The Performance Bond issued by Aon Construction Services Group in the amount
of $233,637 for the civil in-tract improvements (Bond No. CMS256290) be
accepted as security; and
3. The Labor and Materials Bond issued by Arch Insurance Company in the amount
of $233,637 for the civil in-tract improvements (Bond No. CMS256290) be
accepted as security; and
Page 1 of 2
4. The PerFormance Bond issued by Aon Construction Services Group in the amount
of $449,536 for the Fallon Road improvements (Bond No. CMS256289) be
accepted as security; and
5. The Labor and Materials Bond issued by Aon Construction Services Group in the
amount of $449,536 for the Fallon Road improvements (Bond No. CMS256289)
be accepted as security; and
6. The original Performance Bond issued by Developers Surety and Indemnity in the
amount of $2,334,925 for the tract improvements (Bond No. 721298S) be
released; and
7. The original Labor and Materials Bond issued by Developers Surety and
Indemnity in the amount of $2,334,925 for the tract improvements (Bond No.
721298S) be released; and
8. The original PerFormance Bond issued by Developers Surety and Indemnity in the
amount of $56,768 for the tract improvements (Bond No. 721297S) be released;
and
9. The original Labor and Materials Bond issued by Developers Surety and
Indemnity in the amount of $56,768 for the tract improvements (Bond No.
721297S) be released.
BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby
authorized to execute said Tract Improvement Agreement, attached hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED this 16th day of November, 2010, by the
following vote:
YES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
ATTES •
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City Clerk
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Mayor
Reso No. 162-10, Adopted 11-16-10, Item 4.7 Page 2 of 2
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CITY OF DUBLIN
IMPROVEMENT AGREEMENT
IMPROVEMENTS FOR TRACT 7540, PHASE IV - SILVERA RANCH
(KB HOME SOUTH BAY INC.)
This agreement is made and entered into this 16th day of November, 2010, by and
between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and KB
Home South Bay, Inc. (hereinafter referred to as "DEVELOPER").
RECITALS
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"} shown on Tract 7540, also known as Phase IV,
Silvera Ranch, in accordance with the requirements and conditions set forth within the City of
Dubiin Planning Commission Resolution No. 03-48 (PA 02-024), adopted on September 23,
2003, and City Council Resolution No. 207-03 adopted on October 21, 2003; 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 the City Engineer, as follows:
• "lmprovement Plans, Tract 7540 - Silvera Ranch (Phase 4), City of Dublin, Alameda
County, Califomia" (15 Sheets: 1-15), prepared by Ruggeri-Jensen-Azar 8~ Associates,
approved January 17, 2007
•"Joint Trench lmprovement Plan, Tract 7540 - Silvera Ranch'; prepared by Udi-Tetrad,
Inc, (19 Sheets: Sheets 1-19), approved July 19, 2006
•"Joint Trench lmprovement Plan, Tract 7540 - Silvera Ranch, Pole Relocation';
prepared by Udi-Tetrad, Inc, (4 Sheets: Sheets 1-4), approved June 26, 2006
•"Landscape Plans Tract 7540 Silvera Ranch - The Estates Phase 4, prepared by Rose
Associates (37 Sheets, Sheets 1-37), approved April 5, 20 0 7
•"Silvera Ranch/Fallon Road Tra~c Signal lmprovements', (12 Sheets: TS1-10 and
SS1-2), prepared by TJKM Transportation Consultants, approved November 3, 2006
Said plans are now on file in the office of the City Engineer, and are hereby referred to
for a more definite and distinct description of the work to be pertormed under this Agreement as
though set forth at length herein; and
WHEREAS, CI7Y 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:
IMPROVEMENT AGREEMENT EX H I B I T ~I
G:IDEVELOPMENT, PRIVATE1Silvera Ranch~Phase 4, Tract 7540\KB Homes\KB Homes Improvemf
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Section 1. Completion Time.
DEVELOPER will commence construction of The Improvements within ninety (90) days
following the date on which CITY executes this Agreement, excepting that work located within
Fallon Road. DEVELOPER shall complete such Improvements no later than two years
following execution of this agreement or not later than November 16, 2012. The DEVELOPER
acknowiedges that opening of Fallon Road between Tassajara Road and Signal Hill Drive is a
high priority for the City, and that opening of the road is dependent upon compfetion of the
portion of the improvements within Failon Road covered under this agreement. DEVELOPER
agrees to commence construction of the Fallon Road improvements within 20 (twenty) days
following the date on which the CITY executes this Agreement, and agrees to complete the
construction and open the road within ninety (90) days of the start of construction.
DEVELOPER will schedule work within the restricted eagle nesting zone to be completed prior
to December 31, 2010. DEVELOPER agrees to complete the Fallon Road improvements and
have the road ready for opening to through traffic prior to issuance of building permits for the 44
residential lots within Silvera Ranch Phase 4, excepting out permits for model homes.
Occupancy and use of model homes will not be authorized until completion of Fallon Road.
Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set
of final as-built plans of The Improvements, 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 Hundred and Foriy-Nine Thousand and Five Hundred and Thirty Six
Dollars and Zero Cents ($449,536.OU), for all items of work associated with Fallon Road,
including the two traffic signals, joint trench, and landscaping, and Two Hundred and Thirty-
Three Thousand , Six Hundred and Thirty Seven Dollars and Zero Cents ($233,637) for the
items of work associated with Cydonia Court and other in-tract improvements. Said amounts
include costs and reasonable expenses and fees which may be incurred in enforcing the
obligation secured.
Section 3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with
the following security in a form satisfactory to the CITY Attorney:
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%) of the estimates set forth in Paragraph 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 estimates set forth in Paragraph 2 and sufficient to assure CITY that
IMPROVEMENT AGREEMENT Page 2 of 10
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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 Agreernent.
Any instrument or deposit required herein shall conform to the provisions of Chapter 5 of the
Subdivision Map Act.
Section 4. Insurance Required.
Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be
obtained and filed with the CITY, ali insurance required under this paragraph, and such
insurance shall have been 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 fiied
with the Administrative Se-vices 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. 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 shali 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 Liabilitv 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 0001.1
(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 Code of
the State of California and Employers Liability Insurance.
b. Min.imum 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.
(+i) Automobile Liabilit :$1,000,000 combined single limit per accident
for bodily injury and property damage.
IMPROVEMENTAGREEMENT
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(iii) Workers' Compensation and Emplovers Liabilitv: 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.
c. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
(i) General Liabilitv and Automobile Liabilitv Coveraqes.
(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,
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 fimits of the insurer's liability.
(ii) Workers' Compensation and Emp~oyers Liability 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.
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IMPROVEMENT AGREEMENT
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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, returri receipt requested,
has been given to the CITY.
(a) Acceptabilitv of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A:VII.
(b) Verification of CoveraQe. DEVELOPER 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 commences. The
CITY reserves the right to require complete, certified copies of
all required insurance policies, at any time.
(c) Subcontractors. DEVELOPER and/or DEVELOPER 's
general contractor shall include all subcontractors as 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.
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 acceptance of the entire
work by 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, and 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 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 the defect in writing, CITY shall have the right, but shal! not
be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on
demand all costs and expense of such repair. Notwithstanding anything herein to the contrary,
IMPROVEMENT AGREEMENT
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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, safety, or
welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect,
and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. 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 sole discretion and
judgment of CITY_
lf CITY, at i#s sole option, makes or causes to be made the necessary repairs or
rep~acements or perForms the necessary 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.
Section 6. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representatives 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 OWNER 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 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, or 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, or if DEVELOPER, or any of
DEVELOPER 's contractors, subcontractors, agents or employees should violate any of the
provisions of this Agreement, 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.
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 performance of the
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contract, 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 required to be given to CITY shall be addressed as follows:
Gary Huisingh
Public Works Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
KB Home South Bay, Inc.
Attention: Ray Panek, Senior Vice President
6700 Koll Center Parkway
Pleasanton, CA 94566
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Company Name: Aon Risk Insurance Services West, Inc.
Attention: Maria Pena, Surety Account Manager
Street Address: 707 Wilshire Boulevard, Ste. 2600
Los Angeles, CA 90017-0460
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.
Concurrently with the execution of this Agreement, DEVELOPER has executed and has
caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may
record said abstract in the Official Records of Alameda County.
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
IMPROVEMENT AGREEMENT
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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 project site 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.
Section 11. Safetv Devices.
DEVELOPER shail 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 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.
Section 12. Acceptance of Work and Riqht-of-Wav.
Upon notice of the completion of The Improvements and the delivery of a set of final as-
built mylar plans with electronic file to CITY by DEVELOPER, CITY, through its City Engineer or
designated representative, shall examine the work without delay, and, if found to be in
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.
If not previously dedicated on the final map for Tract 7540, DEVELOPER shall
dedicate to CITY by separate instrument any right of way and easements deemed
necessary by the City Engineer for the acceptance and maintenance of The Improvements,
and, at acceptance of the Work, CITY shall accept said right-of-way and maintenance
easement dedications.
Section 13. Patent and Copyriqht 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 shali 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
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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, its employees, agents, or independent
contractors in connection with DEVELOPER 'S actions and obligations
hereunder; 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 Paragraph 3 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
operations 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 whether or not
such insurance policies shall have been determined to be applicable
to any of such damages or claims for damages.
b. Design Defect. If, in the opinion of the CITY, a design defect in the work of
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. Litiqation 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. If CITY is the
prevailing party, ClTY shall also be entitled to recover its attorney's fees
and costs in any action against DEVELOPER's surety on the bonds
provided under Section 3.
Section 16. Indemnification and Waiver.
IMPROVEMENT AGREEMENT
G:IDEVELOPMENT, PRIVATE\Silvera RanchlPhase 4, Tract 7540\KB HomeslKB Homes Improvement Agreement, Phase 4a10-28 10.DOC
~3 ~~ ~~~
DEVELOPER shall defend CITY, its officers, employees and officials, against any claims
or actions (including declaratory or injunctive relie~ concerning DEVELOPER's construction of
The Improvements on DEVELOPER's property 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, DEVELOPER's construction of The
Improvements and/or CITY's failure to enforce or comply with any applicable laws.
Section 17. Recitals.
The foregoing Recitals are true 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 first above written.
CITY OF DUBLIN: DEVELOPER:
KB Homes South Bay, Inc.
By:
Joni Pattillo, City Manager
Date:
ATTEST:
By:
By:
Typed or Printed Name
Caroline Soto, City Clerk Title
Date:
Date
IMPROVEMENT AGREEMENT Page 10 of 10
G:~DEVELOPMENT, PRIVATEI,Silvera Ranch~Phase 4, Trac17540\KB Homes\KB Homes Improvement Agreemeni, Phase 4, 10-28-10.DOC
~ yf~ a'o
Preliminary Estimace of Probable Construction Costs Oc,ober 26, 2010
TRA CT 7540 - S/L VERIA RANCH J08 ~ 021031 P4
Phase 4- Improvemant Pla~s Page 1 of 3
Fallon Road
CITY OF DUBL/N - BOND E,STIMATE
SUMMARY
Fallon Road Gap Closure
A Grading/Site Work
B Paving $5,501
C Concrete $30,881
D Miscelfarteous $9,306
$17,733
SUBTOTAL CONSTRUCTION COST ESTfMATE
$63,481
1 S% Contingency
TOTAL BOND ESTIMATE $9 522
$73,003
Fallon & Tassaiara Roads
A Grading/Site Work
B Paving $24,094
C Concrete ~542,244
D Storm Drain
~72,509
E Miscellaneous
$87,a80
SUBTOTAL CONSTRUCTION COST ESTIMATE $583,755
$1,309,682
15% Contingency
70TAL BOND ESTIMATE $196,452
LESS 75% FOR WORK ALREADY COMPLETED $1,506,134
TOTAL REMAINING BOND EST[MATE (~1,129,601)
$376,534
GRAND TOTAL
$444,536
Notes:
All cost figures are given as estimates onfy. Actuai cost will be dependent on the cost figur2s at bidding time; the
general market situation, contractors workload, seasonal fac,or, labor and ma,erial cost, eta This engineering
firm cannot be responsible for fluctuations in cost factors.
2. This cost estimate is based on 'Tract 7540 - Silvera Ranch (Phase 4)' Improvement Plans prepared by Ruggeri-
Jensen-Rzar & Associat2s, dated June 27, 2006. Tnis estimate applies to Fatlon aoad from s!ation 235+34.99 to
station 236+57.74.
3. This estimate does not include Engineering fees and Public Agencies' fees.
4. This estimate does not inciud2 joinf trench.
5. This estimate does not include costs for water or sewer improvements which fall under Dublin San ,4amon
Services District Jurisdiction
. .~,/,~•ii~Ajr~L~ G'\G3/G: /'•~e~~~,ct`_'~oicl~i:1,"-°H;IS'F,:-[>O:VD(Ciru Fnll~~n Rn<rd.Pdni<.Li~~_r~r
~~b~ ac-
Preliminary Estimafe of Probable Consiruction Costs Octooer 25, 2G10
TRACT 7540 - SIL VEAIA RANCH ~OB # 021 e? ~~a
Pag° 2 of 3
Phase 4 - Improvsment Plans
Fallon Road
ClTY OF DUBLIN - BOND ESTIMATE
DESCR1PT10N UNITS QUANTiTY UNtT PRICE AMOUNT
fTEM
Failon Road Gap Closure
q. Grading/Site Work
SF 13,805
$0.20
S2,761
1. ~ine Grading (PL to PL)
CY 1,600 ~1.75 52,800
2. Rough Grading Subtotal 55,56i
B.
1 Paving
SF 8,235
AC Pavemen~ (5" AC over 9" AB over 14" AS8)
$3.75
$30,881
. Subtotai ~30,881
C, Concrete
S= 1,440
$3.15
~4,530
1, Regional Tr2il (12' si~ewalk)
LF 235 S9.00 ~2,1 15
2 6" Curb and Guttar (incfuding 4" AB cushion) 00
$9 n55
$2
3. Median Curb L= 295 .
Subtotai ,
~a9,366
p, Miscellaneous
275
SF 3
$3.50
~11,463
1. ,
Landscaping (°lanting and Irrigation)
1 00
~500 $S00
2. Signing & Striping LS
LS 1 .
$1,250.00 $1,250
3. Traffic Control
LF 90 $3.00 ~v2~~
G. Sawcut Existing Pavement
~A 2 $2,0OO.Oa ~~,~~a
5. Street Lights
EA 1 $250.00 $25Q
6. Monuments
Subtotal
~17,733
-~,..+,.~;,.~~ ~>c.~i,.~J r~.lkr.r;,~c~.;nti:fi'E`.Pf~I-UE,'-n0.A'D(Cini.I'_.~.mP.o. r.P~ru:.Lin_rlr
/6G~ ~c~
Preliminary Estrmate oi Probable Construction Costs Oc;ober 25, 2010
TRACT 7540 - SIL VER1A RANCN ,1oe ~ 02 t C3 t Pa
Phasa 4- Improvement Plans Page 3 or 3
Fallon Road
C/TY OF DUBLIIV - BOND ESTIMArE
fTEM DESCRIPTION UNITS QUANTITY UNIT PftICE AMOUNT
Fallon & Tassaiara Raads
A. Grading/Site Work
t. Fine Grading (PL to PL) SF i20,~70
$0.20
$24,094
Subtotal $24,094
8. Paving
1. AC Pavement (5" AC over 9" AB over 14" ASB) SF 143,475 $3.75 $538,031
2. AC Berm LF 1,685 ~2.50 $4,213
Subtotal $542,244
C. Concrete
1. Sidewaik SF B,530 $3.15 $26,87Q
2. Regional Trail SF 2,965 ~3.15 ~9,340
3. 6" Curb & Gutter (includfng 4" A6) LF 1,760 $9.00 ~'S,840
4. Median Curo LF 1,590 ~9.00 $14,310
5. Handicap Ramps ~A 7 $750.00 ~5,250
6. Dnveway Cuts SF 200 $4.50 $900
Subtotal ~72,5p9
D. Storm Drain
1. Storm Orain Manhole EA 2 $2,200.00 $4,400
2. Aajust ~Ylanhole Rim to Grada EA 1 5500.~0 $S00
3. Stormwater Ir(et EA 8 ~1,700.00 ~13,60Q
4. 24x24 Field Inlet EA 7 $1,500.00 ~10,500
5. Subdrain & Curo LF 1,760 ~15.00 ~28,160
6. 18" ,RCP) LF 650 $32.00 $20,800
7. 24" (RCP) LF 240 ~38.00 ~9,720
Subtotal $87,080
E. Miscellaneous
1. ! andscaping jPlanting ana In~igation) S~ 7,730 $3.50 S27,Q55
2. Signing & Stripir,g LS 1 57,50G.00 ~7,500
3. Tra~fic Control LS ' a23,750:00 ~23,750
4. K-Raii LF 67~ $70.00 ~46,900
5. Sawcut cxis`ing Pavement ! F 1,470 ~3.00 $4,410
6. Barricade LF 526 $15.00 $7,8gp
7. Street Lights EA 8 ~2,0OO.OG $15,000
9. Monuments ~A 1 ~250.00 $25p
9. ~ raf~ic Signal LS 3~1 50,OOQ.00 5450.000
Subtotal 5583,755
_ sdm,inUnl~.r-~9'V~5?;~7ilk~~nc:~`J„~n<P~..%:6'~,°1f:1~F. ~.o0;V0/Cin~).F~:dlun (5~_sL?i~~i~.!.in.:;is
~ ~~6 ~ac~
Prz/iminary ~stimate of Probablz Constructron Cosis
TRACT 7540 - SlLVcR/A RANCH
Phase 4 - Improvement Plans
ClTY OF DUBLIN - BOND EST/NiATF
SUMMARY
Siivera Ranch Phase 4 On-Site
A Grading/Site Work
B Paving
C Concrete
D Storm Sysiem
E Miscellaneous
SUBTOTAL CONSTRUCTION COST ESTIMATE
i 5% Continyency
TOTAL BOND ESTIMATE
LESS 75% FOR WORK ALREADY COMPLcTED
TOTAL REMAINING BOND ESTIMATE
No'es:
oc~obe~ 2s, 20,0
J~8 :~ 02103' P4
Page ' of 2
$26,840
$306,730
$129,706
~255,3E9
$93,945
5812,650
~121,997
3934,547
(S700,910)
5233,537
All cost figures ar2 given as estimates only. Actual cost wiil be dependent on the cost figures at bidding [ime; the
general market situation, contractor's workload, seasonal factor, labor and material cost, etc. This engin2ering
firm cannot be responsible for `luctuations in cos, factors.
2. This cost estimate is based on 'Tract 7540 - Silvena ~anch (Phase 4)' Improvement Plans prepared by Ru~~geri-
Jensen-Azar & Associates, dated June 27, 2006.
3. This estimate ~oes rot include Engineering fees and Public Agences' fees.
4. This estimate does rot inc!ude joint trench.
5. This estimate does not include costs for wa:er or sewer improvements which fall under Dublin San Rar~on
Services District Jurisdic;ion
~ ~p-i;:.iuV'r.l>>-02~D_'lG_il'Yn.~(~~I'.~or.ti~ni>1f;`IASEd-BChDfQri~1-tl<
~( ~~
v ~~ G
P~aliminary Estimate of Probable Construction Costs
TRACT 7540 - S/LVcRIA RANCH
Phase 4 - lmprovement Plans
ClTY OF DUBi1N - BOND ESTIMATE
ITEM DESC_ R~pT~~N
Silvera Ranch Phase 4 On-Site
A. Grading/Site Work
1. Fine Grading (PL to PL)
g. Paving
1. AC Pavement (4" AC over 10" AB)
2. AC EVA/Trail (2" AC over 8" AB)
C• Concrete
1. Sidewalk
2. 6" Curb and gutter (including 4" AB cushion)
3. Standard Fiush Curb
4. Driveway Cuts
5• Handicap F{amps
October 26, 2010
JOB ~ 021031 P4
Page 2 of 2
UNlTS QUANTITY UNiT PR1CE AMOUNT
SF 134,200 $0.20 $26,840
Stibtota! $26,84Q
SF 86,360 ~2.75 $237,490
SF 34,620 $2.00 ~09,240
Subtota( $306,730
SF 20,10~ $3.15 $03,331
~F 3,920 ~9.00 $35,280
LF 1,650 $9.00 y14,850
S~ 3,290 ~4.SQ $14,805
EA 2 $750.00__ $1,500
Subtotal ~129,760
0. Storm System
f . Sform Drain Manhole
2. Sform Waterlnlet
3. Storm Water INet (Inlet Type B(CO-401}
4. 24" x 24" Field fnlet
5. 6" Subsurfaca Orain (Under Bioswale)
6. Subdrain at curb
7. 18" (RCP)
8. 24" (RCP)
9. 24" (RCP) w/ Extra Protection
E• Miscetlaneous
1. Landscaping (Planfing andirrigation)
2. Signing & Striping
3. Street Lights
4. Monuments
EA 3 $2,200.00 ~0,600
~A _ 4 $1,700.00 ~6,800
EA 6 $2,OOO.Qa $12,000
EA 17 $f,500.00 $25,500
LF 1,555 $2f.00 $32,655
LF 3,920 $16.00 $02,720
L+' 1,857 ~32.00 $59,424
LF 1,033 $38.00 $39,254
LF 217 $48.00 $10,416
Subtotal ~255,3fi9
SF 17,270 $3.50 $60,445
LS 1 $2,000.00 $2,000
EA 13 $2,000.00 ~26,000
~ 22 $250.00_ $5,5pp
Subtotal $93,945
~:4vlv,i~i\jnl>.c-OZh71 /~7 ~ /~.v~ c~c:t:V~;~n.:~.n (I\PfI.I SE ~.60iYD(Ci; r1_d.s