HomeMy WebLinkAboutReso 208-11 Fallon Cross Tr 7617 Improv Agmt
RESOLUTION NO. 208 - 11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 7617, FALLON CROSSINGS
WHEREAS, the Final Map for Tract 7617, 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 provisions of the Subdivision Map Act of the State of California and the City of
Dublin Municipal Code; and
WHEREAS, the Developer, Standard Pacific Homes, has executed and filed with the City
of Dublin a Tract Improvement Agreement for Tract 7617 to improve 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
Berkeley Regional Insurance Company in the amount of $1,285,855 for the In-tract
improvements (Bond No. 0156325), in the amount of $1,003,420 for Grading Improvements
(Bond No.0156324), and $546,009 for Off-site Tassajara Road Improvements (Bond No.
0156326) conditioned upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by
Berkeley Regional Insurance Company in the amount of $1,285,855 for the In-tract
improvements (Bond No. 0156325), in the amount of $1,003,420 for Grading Improvements
(Bond No. 0156324), and $546,009 for Off-site Tassajara Road Improvements (Bond No.
0156326) 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 City Manager of the City of Dublin is hereby
authorized to execute said Tract Improvement Agreement, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the Final Map of Tract 7617 be and the same is
hereby approved, and that rights to the areas marked as Tassajara Road, Syrah Drive,
McCormick Court, Pinot Noir Court, and Corsica Court, Public Service Easement (PSE),
Emergency Vehicle Access Easement (EVAE), Storm Drain Easement (SDE), Public Art
Easement (PAE), and Grading Easement (GE) 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 is hereby directed to transmit ?aid Map to the County
Recorder for filing.
Page 1 of 2
PASSED, APPROVED AND ADOPTED this 20th day of December, 2011, by the
following vote:
AYES:
Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor
Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
.17. ;/AJ.....
... ..'.-
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Mayor
ATTEST:
~t< pMJ..
City Clerk
Reso No. 208-11, Adopted 12-20-11, Item 4.2
Page 2 of 2
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 7617
This agreement is made and entered into this _ day of _' 2011, by and between the
CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Standard Pacific Corp.,
a Delaware Corporation 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, the subdivider of Tract No. 7617, desires to improve those
improvements (hereafter 'The Improvements") required by City of Dublin Planning Commission
Resolution No. 07-59 adopted on November 13,2007 for Tract 7617 in accordance with the
requirements and conditions set forth in said resolution, the requirements of the Subdivision Map Act
of the State of California, the Subdivision Ordinance of the CITY, and those certain plans for said
development entitled:
. Improvement Plans, Tract 7617, Fallon Crossing (25 Sheets, Sheets 1-25), prepared by
Ruggeri-Jensen-Azar and signed by the City Engineer on March 31, 2011. -'
. Improvement Plans, Tassajara Road Widening (8 Sheets,.Sheets 1-8), prepared by Ruggeri-
Jensen-Azar and signed by the City Engineer on August 12, 2011;
. Joint Trench Composite & Street Lighting Plans for Fallon Crossing Tract 7617 (12 Sheets,
Sheets JT1-JT7 and SL 1-SL5), prepared by Giacalone Utility Design and Planning and
approved by the City Engineer on April 13, 2011.
. Fallon Road at Tassajara Road Traffic Signal Modification (5 Sheets, Sheets TS-1 thru TS-5),
prepared by T JKM Transportation Consultants and signed by the City Engineer on April 22,
2011
. Grading Plans, Tract 7617, Fallon Crossings (14 Sheets, Sheets 1-11, S1-S2, and Remedial
Grading Plan), prepared by Ruggeri-Jensen-Azar and Berlogar Technical Consultants, and
signed by the City Engineer on March 31, 2011.
. Fallon Crossing Landscape Plans (21 Sheets, Sheets 1-21), prepared by Ralph J. Alexander &
Associates and signed by the City Engineer on December 7, 2011,
and now on file in the office of the 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;
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 The
Improvements in consideration for DEVELOPER's satisfactory performance of the terms and
conditions of this Agreement; and
WHEREAS, CITY has determined that the portion of The Improvements that will be accepted
by the City as Public improvements are a public works subject to California prevailing wage
requirements:
. NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows: .
1. Completion Time.
DEVELOPER shall complete said work not later than two years 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 Record Drawings of The Improvements,' including
any modifications made during construction.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement are
presented in the Bond Estimates for Tract 7617 for in-tract improvements and grading dated October
6,2011 and the Bond Estimates for Tract 7617 forTassajara Road Widening dated January 14, 2011
prepared by Ruggeri-Jensen-Azar and are agreed to be as follows:
. Tract 7617 Improvements (Streets, Joint Trench Street-lighting,
Traffic Signal, and Landscaping)
. Tract 7617 Grading Improvements
. Tract 7617 Off-site Tassajara Road Improvements
$1,285,855
$1,003,420
$ 546,009
Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing
the obligationsecured. Said amount reflects that the Tract 7617 improvements are currently 75%
complete (bond is for 25% of full amount) and the Off-site Tassajara Road Improvements are 0%
complete (bond is for 100% of full amount). The bond estimates are attached ~s Exhibits A-C.
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:
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 per cent (100%) of the estimate set forth in Paragraph
2 and sufficient to assure CITY that The Improvements will be satisfactorily completed (collectively,
the "Faithful Performance Bond").
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 St~te of California, or an
instrument of credit equivalent to one-hundred per cent (100%) of the estimate set forth in Paragraph
. .
2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons
furnishing labor, materials, or equipment shall be paid therefore (collectively, the "Labor and Materials
Bond") .
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision
Map Act.
3. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to
be obtained and filed with the CITY, all insurance required under this paragraph Prior to the
commencement of work under this Agreement, DEVELOPER's general contractor (if different than
Developer) shall obtain or cause to be obtained and filed with the Administrative Services Director, all
insurance required under this paragraph. DEVELOPER shall not allow any contractor or subcontractor
to commence work on this contract or subcontract until all insurance required for DEVELOPER and
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DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall .
be maintained in full force and effect until the completion of work under this Agreement and the final
acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the
insurance policies or as endorsements and shall specifically bind the insurance carrier.
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A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
. comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability; or Insurance Services Office
Commercial General Liability coverage ("occurrence" form CG 0001.)
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2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
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3) Workers' Compensation insurance as required by the Labor Code of the State
of California and Employers Liability Insurance.
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than:
1) 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.
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2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3) Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. DEVELOPER hereby declares that
the insurance required under Paragraph 3(B)(1) contains (i) a $1,000,000 per occurrence self-
insured retention for Bodily Injury and Property Damage Liability, (ii) a $2,000,000 per
occurrence self-insured retention for third party action over actions and (Hi) a $7,500,000 per
occurrence self-insured retention for Home Bujlder's Limited Warranty Coverage, Construction
Damage Liability Coverage and Fungi and Related Medical Payments ("GL SIR's"). The CITY
hereby approves the GL SIR's.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability 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 arid
completed operations of the DEVELOPER; premises owned, occupied
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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, employe~s 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 shalf not
affect coverage provided to the CITY, its officers, officials, employees or
volunteers.
d) The DEVELOPER's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
2) Workers' Compensation and Employers Liability Coveraoe. 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.
3) AIf Coveraoes. Each insurance policy required by this clause shalf be
endorsed to state that coverage shall not be suspended, voided, cancelled by either
party, reduced in coverage or in limits except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given to the CITY.
Notwithstanding the foregoing, if an endorsement that would provide for thirty (30)
days' prior written notice prior to one or more of the above actions is not commercially
available, DEVELOPER shall be excused from providing an endorsement covering
said action or actions, provided that in such circumstances, DEVELOPER shall give
written notice to the CITY as soon as is practicable if DEVELOPER learns that its
coverage has been suspended, voided, cancelled by either party or reduced in
coverage or in limits.
a) Acceptability of Insurers. Insurance is to be placed with insurers with a
Bests' rating of no less than AVII.
b) Verification of Coveraoe. 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 certify 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 provided;
however, that if the policies are not yet available, the City will accept
copies of the applicable binders.
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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.
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4. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine
maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all
work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and
devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY
as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and
materials for a period of one (1) year after initial acceptance of the entire work by CITY.
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
workmanship and materials actually appear during the one-year guarantee period, and have been
corrected, the guarantee period for the defected items shall automatically be extended for an
additional year from the date of the completion of the repair to insure that such defects have actually
been corrected.
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In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the
right, but shall 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, 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. Theforegoing
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.
If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements
or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of
such repair or work, fifty percent (50%) 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.
5. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and 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. AQreement AssiQnment.
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY.
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7. 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 pros~cution 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, and DEVELOPER shall have fifteen (15) days after receipt of
such written notice to cure such default; provided that, if such cure cannot be reasonably effected
within such fifteen (15) day period, such failure shall not be a default hereunder so long as
DEVELOPER commences to cure such default in such fifteen (15) day period, and thereafter
diligently prosecutes such cure to completion.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have
the duty to take over and complete The Improvements herein specified; provided, however, that if the
surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY
written notice of its intention to take over the performance of the 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 therefore.
All notices herein required shall be in writing, and delivered in person or sent by registered
mail, postage prepaid.
Nptices required to be given to CITY shall be addressed as follows:
Mark Lander, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
Standard Pacific Homes
Attn: Stephen D. Melander, Authorized Representative
3825 Hopyard Road, Suite 275
Pleasanton, CA 94588
Notices required to be given surety of DEVELOPER shall be addressed as follows:
AON Risk Insurance Services West, Inc.
CA License No. 0363334
6
1901 Main Street, Street 300
Irvine, CA 92614
Attn: Lisa Crail
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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.
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.
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9. Safety Devices.
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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.
10. Acceptance of Work.
Upon notice of the completion of The Improvements and the delivery of a set of final as-built
plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative,
shall examine The Improvements without delay, and, if found to be in-accordance with said plans and
specifications and this Agreement, and upon submittal of a -warranty bond in the amount of 25% of the
estimated cost of The Improvements that are within the Public right-of-way or Public easements, shall
recommend acceptance of the work to the City Council and, upon such acceptance, shall notify
DEVELOPER or his designated agents of such acceptance and shall thereafter immediately release
the Faithful Performance Bond and the Labor and Materials Bond. The City will not accept the Private
Improvements and a warranty bond will not be needed for these Improvements; provided however,
the CITY shall examine the Private Improvements as set forth above and shall notify DEVELOPER or
his designated agents of their completion and shall thereafter immediately- release the Faithful
Performance Bond and the Labor and Materials Bond.
11. Patent and Copvriqht 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.
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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. Liabilitv.
A. DEVELOPER Primarilv Liable. DEVELOPER hereby warrants that the design and
construction of The Improvements will not adversely affect any portion of adjacent properties
and that all work 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:
1) 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 4 hereof.
2) 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.
3) Desiqn 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.
4) 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, CITYshall also be entitled to
recover its attorney's fees and costs in any action against DEVELOPER's surety on the
bonds provided under paragraph 3.
14. Recitals.
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The foregoing Recitals are true and correct and are made a part hereof.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at
Dublin, California, the day and year first above written.
CITY OF DUBLIN
By:
City Manager
ATTEST:
By:
Stephen D. Melander
Authorized Representative
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G:\DEVELOPMENT. PRIV A TE\Dublin RanchISorrento-East\Tract 7652-Neighborhood 61T ract 7652 improvement agmt .doc
1736959.1
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PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCT/ON COSTS
FALLON CROSSING Revised October 6,2011
DUBL/N, CALIFORNIA January 14, 2011
(Bond Estimate) April 22, 2010
October 15,2008
Job No. 031006
SUMMARY
I. ON-SITE IMPROVEMENTS
A. GRADING/SITE WORK
B. ASPHALT PAVING
C. CONCRETE
b. STORM DRAIN
E. MISCELLANEOUS
SUBTOTAL =
15% CONSTRUCTION CONTINGENCY"
TOTAL ESTIMATED ON..sITE CONSTRUCTION COST =
$79,500
$785,489
$598,385
$1,440,425
$1,113,550
$4,017,349
$602,600
$4.619,949
II. TASSAJARA ROAD OFF-SITE IMPROVEMENTS
A. 'GRADING/SITE WORK
B. ASPHALT PAVING
C. CONCRETE
D. STORM DRAIN
E. MISCELLANEOUS
SUBTOTAL ..
15% CONSTRUCTION CONTINGENCY"
TOTAL BOND ESTIMATE =
$3,700
$102,780
$20,490
$38,920
$289,300
$455,190
$68,280
$523,470
GRAND TOTAL (ITEMS I & II) =
TOTAL BOND AMOUNT (see note 7) =
$5,143,419
$1,285,855
Notes:
1. All cost figures are given as estimates only. Actual cost will be dependent on the cost figures at
bidding time; the general market situation, contractor's work load, seasonal factor, labor and
cost. etc. This engineering firm cannot be responsible for fluctuations in cost factors.
2. This engineer's opinion is based on Tract 7617 - Fallon Crossing Improvement Plans, prepared by RJA.
dated January 14, 2011.
3. This engineer's opinion does not include any agency fees,
4. This engineer's opinion does not include any costs associated with irrigation, or pavers in terraces, or fencing.
5. This engineer's opinion does not include join trench.
6. This estimate does not include costs for water or sewer improvements which fall under Dublin San Ramon
Services District jurisdiction.
7. Improvements are ongoing an~ ara at different stages of completion. Therefore, the Said amount reflects that the
Tract 7617 improvements are currently 75% complete (bond is for 25% of full amount).
EXHIBIT
G:\A.dmin';klbs-03\031006\E.stlmtllcs\6011d\FaUon CrossirG 60na E$\_REV.xlS
Page 1 of3
To the Agreement
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
FALLON CROSSING Revised October 6,2011
DUBLIN, CALIFORNIA January 14, 2011
(Bond Estimate) April 22, 2010
October is, 2008
Job No. 031006
ITEM
DESCRIPTION
AMOUNT
I, . ON-SITE IMPROVEMENTS
A. GRADINGlSlTE WORK
1. Pad Fine Grading
B. ASPHALT PAVING
1. Fine Grading (PL to PL & Common Driveways)
2. AC PaVing (ASsume 3" ACI11" AB)
3. AC Paving (Assume 3" ACI8" AB) (At Common Dwys)
4. 15" Class 2 Aggregate Base (Maintenance Roads)
C. CONCRETE
1. 6'; Curb & Gutter
2. 6" Vertical Curb
3. 4" Rolled Curb & Gutter
4. 8 1/2" Median Curb
5. Flush Curb (1" raised median)
6. Driveway Cuts
7. Curb Ramps (Handicap Ramps)
8. Sidewalk
9. Pedestrian Trails
10. ConcreteV-Ditch
11. Staircase (at Parcel D)
D; STORM DRAIN .
1. 18"RCP
2. 24" RCP
3. Manhole
4. Storm Water Inlet (Type A)
5. Drainage Inlet (Field Inlet)
6. Area Drains (Assumed 7 per lot)
7. 6" PVC (Lot Area Drain System)
8. Water Quality I Detention Pond Allocation
9. Curb Subdrain
10. Thru Curb Drains
11. Outfall Structure
12. Headwall
13. Rip-Rap
14. Risers
15. Model TRC3 Triton Filter
16. Trash Net
E. MISCELLANEOUS
1. Signing & Striping
2. Street Monuments
3. Parks (parcels B, D,E, F, G)
4. Landscaping
5. Soundwalls
6. Street lights
G~\A(fmiA\Job$.t)3\031006'Estimates\6ol1d\Fa!lo1l Crossing 6oIld.ESl_REV.xts
Page 2 of3
QUANTITY
UNIT PRICE
106 EA $750.00
SUBTOTAL =
194,730 SF $0.35
139,740 SF $4.25
4,210 SF $3.50
25,575 SF $4.25
SUBTOTAL=
7,860 LF $13.00
60 LF $13.00
525 LF $13.00
320 LF . $25.00
125 lF$8.00
107 EA $750.00
9 EA $1,500.00
48,770 SF $5.00
16,250 SF $5.00
1,630 LF $25.00
1 LS $20,000.00
SUBTOTAL:
6,480 LF $40.00
265 LF $55.00
8 EA $3,500.00
41 EA $2,500.00
31 EA $2,000.00
742 EA $200.00
21,235 LF $12.00
1 LS $300,000.00
8,385 LF$12.oo
530 LF $12.00
1 EA $25,000.00
4 EA $7,500.00
2,720 SF $30.00
3 EA $3,500.00
2 EA $425.00 -
2 EA $8,000.00
SUBTOTAL =
1 LS $30,000.00
27 EA $400.00
4.0 AC $200,000.00
4,900 SF $5.00
4,450 SF $35.00
.37 EA$2,500.00
SUBTOTAL:
$79,500
$79,500
$68,160
$593,900
$14,735
$108,694
$785,489
$102,180
$780
$6,825
$8,000
$1,000
$80,250
$13,500
$243,850
$81,250
$40,750
$20,000
$598,385
$259,200
$14,575
$28,000
$102,500
$62,000
$148,400
$254,820
$300,000
$100,620
$6,360
$25,000
$30,000
$81,600
$10,500
$850
$16,000
$1,440,425
$30,000
$10,800
$800,000
$24,500
$155,750
$92,500
$1,113,550
PREUMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
FALLON CROSSING Revised October 6, 2011
DUBLIN, CALIFORNIA January 14, 2011
(Bond Estimate) April 22, 2010
October 15. 2008
Job No. 031006
ITEM
DESCRIPTION
QUANTITY
UNI" PRICE
AMOUNT
II. TASSAJARA ROAD OFF-SITE IMPROVEMENTS
A. GRADlNGISITE WORK
1. Fine Grading (RW to Conform)
10,585 SF $0.35
SUBTOTAL ::
$3,700
$3,700
B. ASPHALT PAVING
i. Remove and Replace Pavement (5" AC/9" AB/14" ASS)
2. . Grind 1" Overlay Existing Pavement
9,700 SF $10.00
2;890 SF $2.00
SUBTOTAL ::
$97,000
$5,780
$102,780
C. CONCRETE
1. Sidewalk
2. 6" Curb & Gutter
2,700 SF $6.00
330 LF $13.00
SUBTOTAL ::
$16,200
$4 ,290
$20,490
D. STORM DRAIN
i. Curb Subdrain
2. Storm Water Inlet
3. Manhole
4. 18" RCP (Storm Drain)
5. Connection to Existing Box Culvert
360 LF $12.00
2 EA $3,500.00
2 EA $2,500.00
440 LF $40.00
1 EA $5,000.00
SUBTOTAL =
$4,320
$7,000
$5,000
$17,600
$5,000
$38,920
E. MISCELLANEOUS
i. Sawcut Existing Paving
2. Landscaping
3. Signing 8. Striping
4. Traffic Signal
5. Traffic Control
1,700 LF
2,160 SF
1 LS
1 LS
1 LS
$5.00
$5.00
$20,000.00
$200,000.00
$50,000.00
SUBTOTAL ::
$8,500
$10,800
$20,000
$200,000
$50,000
$289,300
G.:\A!Jmin\JOOS..03\D31006\E~imatet5\Bont1\farkln Gcossing Bond e:s.UtEV.:ds
Page 3 of 3
PRELIMINARY ESTIMATE OF PROBABLE COST
TRACT 7617 - FALLON CROSSING
DUBLIN, CALIFORNIA
(Grading Bond Estimate)
Revised October 6, 2011
January 14, 2011
April 22,2010
October 15, 2008
JOB # 0310061P
Page 1 of 1
B. MISCELLANEOUS
1. Keyway Subdrain
2. Retaining Wall (Lots)
3. Retaining Wall (parks)
UNITS QUANTITY UNIT PRICE AMOUNT
LS 1 $40,000.00 $40.000
CY 202,800 $3.00 $608,400
LS 1 $300,000.00 $300,000
Subtotal $948,400
LF 9,000 $20.00 $180,000
SF 52,930 $30.00 $1.587.900
SF 18,650 $50.00 $932,500
Subtotal $2,700,400
ITEM DESCRIPTION
A. MASS GRADING (Entire Site}
1. Clear & grub
2. Rough grading
3. Erosion Control
SUBTOTAL CONSTRUCTION COST ESTIMATE ::;
$3,648,800
10% Contingency =
TOTAL AMOUNT =
$364,880
$4,013,680
TOTAL BOND AMOUNT (see note 4) :::
$1,003,420
Notes:
1. All cost figures are given as estimates only. Actual cost will be dependent on the cost figures at bidding
time; the general market situation. contractor's workload, seasonal factor, labor and material cost, etc. This
engineering firm cannot be responsible for fluctuations in cost factors.
2. This bond estimate is based on Grading Plans, Tract 7617 - Fallon Crossing. prepared by Ruggeri-Jensen-
Azar & Associates. dated January 14. 2011.
3. This estimate does not include Engineering fees and Public Agencies' fees.
4. Improvements are ongoing and are at different stages of completion. Therefore. the Said amount reflects
that the Tract 7617 improvements are currently 75% complete (bond is for 25% of full amount).
G;\t'4n;i.n\Jobs.O)\Il3I()6G\Es.timal~\aona\GRADIN(j.BOND .REV ,sl$
EXHIBIT 1
To the Agreement
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
TASSAJARA ROAD WIDENING
DUBUN, CAUFORNIA
(North Dublin Ranch Dr/veto Shadow Hill DrIve)
Revised January 14, 2011
April 22, 2010
October 15, 2008
Job No. 031006TR
ITEM
DESCRIPTION
QUANTITY
UNIT PRICE
AMOUNT
1. All cost figures are given as estimates only. Actual cost will be dependent on the cost figures atbidding
time; the general market situation, contractor's work load, seasonal factor, labor and cost, etc. This
engineering firm cannot be responsible for fluctuations in cost factors.
2. This opinion does not include any agency fees.
3. This opinion Is based on the Tassajara Road Widening Improvement Plans prepared by Ruggeri-Jensen~Azar & Associates,
dated January 14, 2011. .
G:\AdO'lin\Jobs--03\O~1006\Estj(natcs\80:"0\Tassajara_Ro3d_ Wideflil'l~LEstxls
Page 1
EXHI
IT
To the Agreement
Recording Requested By;
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITHIN TRACT 7617,
FALLON CROSSINGS
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACT 7617 ("Agreement") is made between the City of Dublin ("City")
and Standard Pacific Corporation, a Delaware Corporation ("Owner").
1. Property: The subject property is Tract 7617 as filed in Book _ of Maps at
Pages , in the Official Records of the County of Alameda, State of
California.
2. Developer: Owner is the owner of Tract 7617, Fallon Crossings, ("Project"). .
3. Landscape Features: Owner, as part of the Project, anticipates the construction
of Project related landscape features within the City's rights of ways on the
following streets in Tract 7617; Syrah Drive, Corsica Court, Pinot Noir Court,
McCormick Court, and Tassajara Road (collectively, the "Landscape Features").
Construction details for these Landscape Features are shown on the Landscape
Plans for Tract 7617, Fallon Crossings prepared by Ralph Alexander and
Associates and approved by the City. The scope of the improvements covered
under the agreement is shown on the attached Exhibit A.
4. Encroachment Permit: Owners shall apply to the City for an encroachment
permit for work to be performed pursuant to this Agreement. The City must grant
the encroachment permit for all work to install, operate and maintain the
Landscape Features improvements and all the conditions imposed by the City
must be consistent with the provisions ofthi$ Agreement. If there is a conflict
between any provisions of this Agreement and the encroachment permit, the
provisions of this Agreement shall prevail over the conditions of the
encroachment permit.
5. Ownership: Owners shall own all special Landscape Features, including but not
limited to fountains, arches, monuments, etc.
1
6. Operations and Maintenance: Owners shall maintain and repair all the
Landscape improvements, including all frontage and island landscape plantings,
irrigation, and sidewalks within the designated areas, in a safe manner consistent
with the approved plans to the reasonable satisfaction of the City at its sole cost
and expense, including electric power and water cost. Owner will be responsible
at its sole cost to replace or repair any Landscape Feature damaged or removed
during the maintenance or repair of sewer, water, drainage or utility
improvements by the City, Dublin San Ramon Service District or utility company,
unless such damage or removal is caused by the negligence, gross negligence or
willful misconduct of the City, Dublin San Ramon Service District or utility
company. The City will maintain at its sole cost all asphalt concrete pavement,
concrete curb and gutter, drainage improvements, traffic signs and striping, and
streetlights and any other features in the public right of way.
7. Removal or Relocation: If future improvements proposed by the City conflict
with any of the Landscape Features, the City may remove or reasonably relocate
the Landscape Feature at its sole cost. If any ofthe Landscape Features are
relocated, the City and Owners will execute a modification to this Agreement to
reflect the maintenance and operations at its new location. Provided, however, the
City is under no obligation to relocate any of the Landscape Features.
8. Insurance: Owners shall obtain and maintain in effect a combined single limit
policy of liability insurance not less than one million dollars ($1,000,000)
covering the Landscape Features improvements and shall name the City as an
additional insured.
9. Indemnification: Owners shall indemnify, defend and hold the City harmless
from and against any and all loss, claims, liability danlage or expense or cost the
City may incur or become liable for or for which a claim is made by a third party,
due to or arising out of Owner's construction, maintenance or operations of the
Landscape Features unless caused by the negligence, gross negligence or willful
misconduct of the City, its agents, contractors or employees.
10. Permanent: The Landscape Feature and the rights appurtenant thereto as set
forth in this Agreement shall exist in perpetuity, and are appurtenant to the
Property.
11. Ri2ht to Assi2n: Owners may assign any or all rights, interests and obligations
of Owners arising under this Agreement to the Homeo\Vners' Association for
Tract 76172 or to a successor in interest 'of Owners with respect to' all or a portion
()f the Proj ect; provided, however, that no such assignment of Owners' rights
interests and obligations under this Agreement shall occur without prior written
notice to the City and written approval by the City Manager, which approval shall
not be unreasonably withheld, conditioned or delayed. The City Manager shall
consider and decide on any assignment within ten (10) days afterOwner's notice
2
thereof, provided all necessary documents and other information are provided to
the City Manager to enable the City Manager to assess the assignment.
12. Successors and Assigns: Each reference to the "City" in this Agreement shall be
deemed to refer to and include the City and all successors and assigns of City. All
references to the "Owner" in this Agreement shall be deemed to refer to and
include Standard Pacific Corporation, a Delaware Corporation and all successors
and assigns Standard PaCific Corporation, a Delaware Corporation including but
not limited to the Tract 7617 Home Owner's Association.
13.. Notices: Any notices, requests, demands or other communications required or
permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given on the date of delivery if delivered personally to
the party to whom notice is to be given (including messenger or recognized
delivery or courier service) or on the second day after mailing, if mailed to the
party to whom notice is to be given, by first-class mail, postage prepaid, and
properly addressed as follows:
City:
City of Dublin
100 Civic Plaza
Dublin, California 94568
Fax No. (925) 833-6651
Attn: City Manager
Owner:
Standard Pacific Homes
Artn: Stephen D. Melander, Authorized Representative
3825 Hopyard Road, Suite 275
Pleasanton, CA 94588
14. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
15. Partial Invalidity. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the
Agreement shall continue in full force and effect and shall in no way be impaired
or invalidated, and the parties agree to substitute for the invalid or unenforceable
provision a valid and enforceable provision that most closely approximates the
intent and economic effect of the invalid or unenforceable provision.
16. Entire Agreement. This Agreement contains the entire agreement and
understanding of the parties with respect to the subject matter hereof and cannot
be amended or modified except by a written agreement, executed by each of the
parties hereto.
3
17. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall, for all purposes, be deemed an original and all such
counterparts, taken together, shall constitute one and the same instrument.
4
Dated this
day of
,2011.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
Name:
Title:
By:
Stephen D. Melander
Authorized Representative
G:\DEVELOPMENT, PRlVATEIFALLON CROSSING (Formerly Mission Peak) \Long Term Encroachment Agree TracT 7617.doc
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CALIFORNIA ALL-PURPOSE
CERTIFICA.TE OF ACKNOWLEDGMENT
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State of California
County of ~J..o.-.;
On NJvem ))e( 8DJ 2DU before me,
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personally appeared
who 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 hislherltheir authorized
capacity(ies), and that by hislher/1heir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
(NOlary Seal)
SYDNEY MURRAY MHZ
Commission # 1837702
Notary Public - California
Alameda County
M Comm. Ex Ires Feb 21, 2013
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I certify under PENALTY OF PERJURY under the laws of the State of Calif ami a thatthe foregoing paragraph
is true and correct.
(Title or description of attached document)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
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appears above in.lhe notary section or a separate acknowledgment formmllSl be
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CAPACITY CLAIMED BY THE SIGNER
o Individual (5)
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(Title)
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o Other
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