HomeMy WebLinkAboutReso 203-11 Jordan Rch Tr 8024 Improv Agmt
RESOLUTION NO. 203 - 11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*~*******
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 8024, JORDAN RANCH, PHASE ONE
WHEREAS, the Final Map for Tract 8024, 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, BJP-ROF Jordan Ranch LLC, has executed and filed with
the City of Dublin a Tract Improvement Agreement for Tract 8024 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
International Fidelity Insurance Company in the amount of $625,183 for the in-tract
improvements (Bond No. 0571493), in the amount of $498,635 for Off-Site Fallon Road
Improvements (Bond No.0571492), and $2,976,640 for Central Parkway Improvements (Bond
No. 0571494) conditioned upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by
International Fidelity Insurance Company in the amount of $625,183 for the in-tract
improvements (Bond No. 0571493), in the amount of $498,635 for Off-Site Fallon Road
Improvements (Bond No.0571492), and $2,976,640 for Central Parkway Improvements (Bond
No. 0571494) 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 thatthe 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 8024 be and the same is
hereby approved, and that rights to the areas marked as Fallon Road, Central Parkway, Jordan
Ranch Drive, Alta Terra Road, Bassetts Way, Whitehorse Way, Avery Way, Valley Vista Drive,
Vinton Avenu~, and Positano Parkway, Public Service Easement (PSE), Emergency Vehicle
Access Easement (EVAE), Public Access Easement (PAE), and Trail Easement 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 said Map to the County Recorder for filing.
Page 1 of 2
PASSED, APPROVED AND ADOPTED this 6th day of December, 2011, by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
X- JJJ'
Mayor
ATTEST:
(}w[f~
City Clerk
Reso No. 203-11, Adopted 12-6-11, Item 4,3
Page 2 of 2
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 8024
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 BJP-ROF Jordan Ranch
LLC, h~reinafter 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.. 8024, desires to improve those
improvements (hereafter "The Improvements") required by City of Dublin Planning Commission
Resolution No.1 0-25 adopted on May 11, 2011 for Tract 8024 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 8024, Jordan Ranch (16 Sheets, Sheets 1-16), prepared by
Ruggeri-Jensen-Azar and signed by the City Engineer on May 9, 2011.
". "it
· Off-site Improvement Plans, .Tract 8024, Jordan Ranch (21 Sheets, Sheets 1-12 and TS-1
thru TS-9), prepared by Ruggeri-Jensen-Azar and signed by the City Engineeron May 9, .
2011. '
. i. Improvement Plans/Grading Plans, Central Parkway, Stn. 11+09 to Stn. 22+39.19 (15 Sheets,
Sheets 1-9 and S 1-S5), . prepared by Rugger;-Jensen-Azar dated September 16, 2011 and as
may be revised prior to approval by the City Engineer.
· Joint Trench Composite & Street Lighting Plans for Mission Valley Homes Jordan Ranch
Phase 1-. Tract B024 (22 Sheets, Sheets JT1-JT10, SL1-SL4, E1-E4, and G1-G4), prepared
by Giacalone Utility Design and Planning and approved by the City Engineer on June.16,
2011.
.. Joint Trench Composite & Street Lighting Plans for Mission Valley Homes Jordan Ranch.
Central Parkway- Tract 8024(4 Sheets, Sheets INT1-INT2 and SL 1-SL2), prepared by
Giacalone Utility Design and Planning dated September 20, 2011 and as maybe revised prior
to approval by the City Engineer.
· Rough Grading Plans, Tract 8024, Jordan Ranch (19 Sheets, Sheets 1-10, 81.,S2, and
Remedial Grading Plan G:-1 thru G-6), prepared by Ruggeri-Jensen-Azar and signed by the
City Engineer on March 22 , 2011.
· Tract 8024 Jordan Ranch Landscape Plans, Phase One: On-Site (26 Sheets, Sheets LO.1-
L3.1), prepared by Gates & Associates. and~igned by the City Engineer on September 12,
2011, . . .
· Tract 8024 Jordan Ranch LandscapePlans, Phase One: Off-Site (23 Sheets, Sheets LO.1-
L4.2), prepared by Gates & Associates and signed by the City Engineer on September 12,
2011.. .
· Tract 8024 Jordan Ranch Lanqscape Plans, Phase One: Central Parkway (18.Sheets, Sheets
. LO.1-L3.2), prepared by Gates & Associates and signed by the City Engineer on September
12, 2011.
· Tract 8024 Jordan Ranch Landscape Plans, Phase One: Front yard/ Planter Strips (35 Sheets,
Sheets LO.1-L4.2), prepared by Gates & Associates dated September 12, 2011 and as may be
revi~ed prior to approval by the City Engineer.
1
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 thoughsetforth 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) ofdedication 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 8024 for On-site Improvements and Grading, dated ..
. November 1, Bond Estimates for Tract 8024 for Off-site Improvements and Grading, dated November
1,2011 and the Bond Estimates for Tract B024 Central Parkway Improvements and Grading, dated
September 16, 201.1, prepared by Ruggeri-Jensen-Azar and are agreed to be as follows:
. Tract 8024 On-site Improvements (Streets, Joint Trench Street-lighting,
and Landscaping) $625,183
. Tract 8024 Off"-site Improvements (Streets, Joint Trench, Street Lighting,
Traffic Signals, and Landscaping) $498,635
. Tract 8024 Central Parkway Improvements and Grading (Streets;
Joint Trench, Street Lighting and Landscaping) . . $2,976,640
Said amount includes costs and reasonable expenses and fees which maybe incurred in enforcing
. the obligation secured. Said amount reflects that the Tract 8024 On-Site and Tract 8024 Off-Site
improvements are currently 75% complete (bond is for 25% of full amount) and the Central Parkway
Improvements are 0% complete (bond is for 100% of full amount). The bond estimates are attached
as Exhibits A-C to this agreement,
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
. .
2 and sufficient to assure CITY that The Improvements will be satisfactorily completed (coliectively,
theUFaithful Performance Bond").' .
Labor and Materials. Either a cash deposit. a corporate surety bond issued bya 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 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 Agreenient. Any'
instn.iment 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, DEVELOPERshall obtain or cause to
. be obtained arid 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 notallow any contractor or subcontractor
to commence work on this contract or subcontract until all insurance required for DEVELOPER and
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 inthe 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:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form humber GL 0404
covering Broad Form Comprehensive General Liability; or Insurance Services Office
. Commercial General Liability coverage ("occurrence" form CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
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 otherform with a general aggregate limit is used, either the general aggregate limit.
shall apply separately to thi~ project/location or the general aggregate limit shall be .
twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit peraccident for bodily
injury and property damage.
3
.3) Workers' Compensation and Emplovers 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 Builder'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 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 onthe 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 applysepar'ately 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 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.
3) All Coveraqes. Each insurance policy required by this clause shall be
endorsed to state thatcoverage 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)
4
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 AVIL
b) Verification of Coveraae. 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 bya person authorized by that
insurer to certifycoverage 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 a II 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. .
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 foreach
subcontractor. All coverages for subcontractors shall be subject to all of
the requirements stated herein.
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
devrces 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 sd doing; that may prove defective in .
workmanship or material within said- one-:year guarantee period without expense or charge of any
nature w.hatsoevertoCITY, 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 ofthe completion of the repair 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, after being notified of the defect inwriting, 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 rightto 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
5
, 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 tathe' satisfaction of CITY without any expense to CITY in
strict accordance with the improvement plans and specifications.
6. Aqreeri1ent Assiqnment.
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY.
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 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, orfails 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 contractor 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
6
. .
completing the work, such materials, appliances, plant and other property belonging teDEVElOPER
.. as may be on the site of thework and necessary therefore. .
All notices herein required shall be in writing, and delivered in person or semt by registered
mail, postage prepaid.
Notices 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:
BJP-ROF Jordan Ranch LlC
5000Hopyard Road, Ste. 170
Pleasanton, CA 94588
Attn. Robert Radanovich
Fax No. (925)-467-9919
With copy to:
David Gold
Morrison and Forester
101 Ignacio Valley Road
Ste ;450
Walnut Creek, CA 94596.
Fax No. (925)-946-9912
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Dorothy O"Connor .
International Fidelity Insurance Company
2999 Oak Road, Ste. 820
WalnutCreek, CA 94597
Any party or the surety may change such address by notice in writing to the other party arid
thereafter notices shall be addressed and transmitted to tlie 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 teconstitLHe 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. .
7
9. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatOry
signs, warning lights, and other safety devices adjacentto and on the tract siteasmay-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 theend 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, processor
publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for,
and shall indemnify CITY fromany 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 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 againstany and all loss, c1aims,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
8-
~I... .
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 thedeposit with CITY by DEVELOPER, of any ofthe
insurance policies described in Paragraph 4 hereof.
2) That th,eaforesaid hold harm Jess 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 oftheaforesaid 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 tobe applicable to any of such damages or claims
for damages.
3) DesiqnDefect. 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) , Litiaation 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, CITY shall 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.
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
By:
City Manager
ATTEST:
9
City Clerk
DEVELOPER
BJP-ROF Jordan Ranch LLC
(/"t- fl - ~
By:
Robert Radanovich
Authorized. Representative
G;\DEVELOPMENT, PRIVATEIJordanRanch FeN #813\Tract 8024 improvement agmt.doc ..
10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF California )SS
COUNTY OF A lom.A.CIQ )
b ,ad a 0 I before me, () . 5 If i /.lI!-~ , Notary Public, personally appeared
c:b.tLrf QdQliOV,; , ---
. ~ho proved to, me on the basis of satisfCJ.Cl;.ory eViden,ce,tri be the perso?9'"~hose n~m~, i~/ re subs~ri~ed to the within
~trument and acknowl~ged to me that Ib5:Ishe/they executed the same m~er/theJr authorize capacltyV5J, and that by
F~her/their signaturetsj on the instrument thepersonk51, or the entity upon behalf of which the person1sfacted, executed the
instrument. ' ' ,
File No:
APN No:
, On
I certify under PENALTY OF PERJURY under the laws of the State of California thatthe foregoing paragra~h ,is true and correct.
WITNESS my'handand official seal. .
S~"Me... co ~t~
8M
I
~
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
. . . .
, ,
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents. .
DINDIVIDUAL
o CORPORATE OFFICER(S) TITLE(S)
, D PARTNER(S) 0 LIMITED
" D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER'
SIGNER IS REPRESENTING:
o GENERAL
~ame of, Person or Entity
Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
illLE OR 1YPE OF DOCUMENT:
NUMBEROF PAGES
DATE OF DOCUMENT
SIGNER(S) OTI-lER THAN NAMED ABOVE
Reproduced by First American Tltie Company 11/2007
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
C)FF-SITE IMPROVEMENTS Revised November 1, 2011
TRA CT 8024 . JORDAN RANCH January 14, 2011
DUBLlN,CALlFORNIA November 12, 2010
(Bond Estimate) Job No. 081001
SUMMARY
I. OFF-SITE IMPROVEMENTS
A. GRADING/SITE WORK
B. ASPHALT PAVING
C. CONCRETE
.. D. STORM DRAIN
E. MISCELLANEOUS
$64,070
$495,910
$157,342
$201 ;597
$815,460
$1,734,379
$260,160
$1,994,539
SUBTOTAL ::
15% CONSTRUCTION CONTINGENCY =
TOTAL ESTIMATED CONSTRUCTION COST'"
TOTAL BOND AMOUNT (See Note 5) '"
$498,635
Notes:
1.
All cost figures are given as estimates only. Actual cost will be dependent on the cost figures at bidding time;
the general market situation, contractor's work load, seasonal factor, labor and cost.ete. This engineering firm
cann()t be responsible for fluctuations in cost factors. .
This engineer's opiniOn is based on OffcSite Improvement plans, Tract 8024 - Jordan Ranch, prepared by RJA,
dated April 5, 2011.
This engineer's opinion does not include any agency. fE!es.
2.
3.
4. ..This engineer's opinion does not inClude costs for water or sewer improvements which fall under Dublin San
Ramon Services District jurisdiction. .
5. Improvements are ongoing and are at different stages of compleiion. Therefore, the said amount reflects that the
Tract 8024 improvements are currently 75% complete (bond is for 25% of full amount).
G:\.lc.dmitiUobs.oBm'OOl\E$.lim~e~Qj1d\ou.S&1e Improvc.~s C<:I:st EsI REV.xls
page 1 of 3
EXHIBIT A
To the Agreement
I
I
I
I
I
I
I
I
I
I
i
j
I
t
'. .
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
OFF-SITE IMPROVEMENTS Revised November' 1 , 2011 .
TRACT 8024 _ JORDANRANCH . January 14, 2011
DUBLlN,CALlFORNIA November 12, 2010
(Bond Estimate) . Job No. 081001
. ITEM
DESCRIPTION .
AMOUNT
I. OFF-SITE IMPROVEMENTS
A. GRADINGISITE WORK
1. Remove Existing Pavement Section
2. Remove Existing Curb & Gutter
3. . Remove Existing Median Curb
. 4. Remove Existing Sidewalk
5. Remove Existing Street Light
6.. Remove Existing Irrigation Controller
7. Relocate Existing Irrigation Controller
. 8. Remove Existing Storm Water Inlet
9. Earth Swale
B. ASPHALT PAVING
1.. . Fine Grading (limits of neW paving, sidewalk,
and parkway strip)
2. AC Paving (5.5" ACI20.5" AS) - Fallon Road
3. . AC Paving (4" AC 115.5" AS) - Positano Parkway
4. '.' Sawcut Existing Pavement
5. AC 2" Grind & Overlay
C. CONCRETE
1. 6" Curb & Gutter
2. Median Curb
..3. Median Curb & Gutter
4. . Driveway Cuts .
5. Curb Ramps (Handicap Ramps w/Armor-Tile Domes)
6. 8' Concrete Trail
.,
D.. STORM DRAIN
1.15" RCP
2. 18" RCP
4. 30" RCP
5. . 36" RCP
6. 42" RCP'
7. Manhole
8.' Adjust Existing Manhole to Finish Grade
9. . Storm Water Inlet (Type A) wrrriton Filter Insert
10. Stomi Water Inlet (Type A) . .
11.' StormTek ST3 (Trash Capture Screen)
12. Curb Subdrain
13. 6" Perforated Pipe. w/Class 3 Permeable AS
14. Outfall Structure (Including rock riprap)
15. Inlet Riser Structure
16. lateral Connection Type I
17. Connect to Existing Manhole
G:'AOrnjnUob~08\Oa10011.Es.timaleS:\Bon<1\01(*Silc Imp/ovemsl'Ils Cost Esl REV.xls
Page2 of 3
QUANTITY
UNIT PRICE
20,300 SF $2.50
110 LF $6.00
470 LF $6.00
880 SF $2.50
2 EA $1,500.00
2 EA $500.00
1 EA $1,500.00
1 EA $1,200.00
470 LF $2.00
SUBTOTAL =
100,810 SF $0.35
68,900 SF $6.00
6,100 SF $4.50.'
1,040 LF $2.00
2,950 SF . $6.00
SUBTOTAL =
1,973 LF $13.00
1,995 LF $20.00
561 . LF $13.00
2 EA $750.00
6 EA $1.900.00
14,320 SF $5.00 .
SUBTOTAL =
9 LF $30.00
167 LF $40.00
378 LF $60.00
677 LF $65.00
165 IF $70.00
3 EA $3,500.00
4 EA $1,000.00
6 EA $4,000.00
3 EA $2,500.00
1 EA $1,200.00
2,551 LF $12.00
220 IF $30.00
1 LS $15,000.00
1 lS $10,000.00
2 EA $2,000.00
4 EA $750.00
SUBTOTAL =
$50,750
$660
$2,820
$2,200 .
$3,000
$1,000 .
$1,500
$1.200
. $940
$64,070
$35,280
$413,400
$27,450 .
$2,080
$17,700
$495,910
$25,649
$39,900
$7,293
$1,500
$11,400
$71,600
$157,342
I
I
i
I
.$270
$6,680
.. $22,680
$44,005
$11,550
$10,500
$4,000
$24,000
$7,500
$1,200
$30,612
$6,600
$15,000 .
$10,000
$4,000
$3,000
$201,597
I
I
1
.~
j
I "
I I
I
.
t
1
;
.1
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
OFF-SITE IMPROVEMENTS Revised November 1,2011
TRACT 8024 _ JORDAN RANCH January 14, 2011
DUBLIN, CALIFORNIA November 12, 2010
(Bond Estimate) Job No. 081001
ITEM
DESCRIPTION
QUANTITY
UNIT PRICE
AMOUNT
E. MISCELLANEOUS
1. Signing & Striping
2. Parkway Strip (Landscape & Irrigation)
3.. Median Landscaping
4.' Barricade
5. Traffic Control
6. Street Ught
7. Joint Trench
8. 4" Irrigation Sleeve .
9. Traffic Signal
10.StreetTrees
11. 6" Chain Link Fence
12. Chain Link Gate
1
8,900
2,590
1
1
9.
2,700 .'
1,285
1
37
1,010
2
LS $20,000.00
SF $6.50
SF $6.50
EA $2,000.t>O
LS $25,000.00
EA $2,500.00
LF $100.00
LF $5.00
LS $364,200.00
EA $250.00
LF $20.00
EA $600.00
SUBTOTAL =
G:\A-JininIJobs.Ol3'\081001 \E.sJill1a:t(!~\3OIlCl\Orr-Sj{e ImprovcmCII\s Cost Est. REV.xis
Page 3 of 3
$20,000
. $57,850
$16,835
$2,000'
$25,000
. $22,500
$270,000
$6,425
$364,200
$9,250
$20,200
$1,200
$815,460
I
I
I
I.'
I
J
,
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCT/ONCOSTS
. FOR' Revised November 1, 2011
TRACT 8024 ~ JORDAN RANCH January 14, 2011
DUBLIN, CAUFORNIA November 12, 2010
. (Bond Estimate) Job No. 081001P1
SUMMARY
I. ON~SITE IMPROVEMENTS
A ..' SITE WORK
B. . .ASPHALT PAVING
C.CONCRETE .
D. STORM DRAIN
E. MISCELLANEOUS
SUBTOTAL =
15% CONSTRUCTION CONTINGENCY;:
TOTAL ESTIMATED ON-SITE CONSTRUCTION COST;:
$44,250
$636,900
$313,800
$450,850
$728, 7~O
$2,174,550
$326,180
$2,500,730
COST PER LOT (On-site Improvements)
$58,157
TOTAL BOND AMOUNT (See Note 6) =
$625,183
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 the Improvement Plans, prepared by Ruggeri.Jensen~Azar
dated April 5, 2011.' .
3. This engineer's opinion does not include any agency fees.
4. This cost is based on a total of 59 unit project (Tract 8024)
5. This engineer's opinion does not include' costs for water or sewer improvements which falls under Dublin San Ramon
Services. District (DSRSD) jurisdiction.
6. Improvements are ongoing and are at different stages of completion. Therefore, the said amount reflects that the
Tract 8024 improvements are currently 75% complete (bond is for 25% of full amount). .
G:\A,dmin\JObs.-OO~B1001\EsUmales\80nd'9lJnian.bood.c.o~lestREV..ds
Page.1of2
EXHIBIT ~
To the Agreement
I
!
I
. ,"l.
1
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
. FOR Revised November 1> 2011
TRACT 8024. JORDAN RANCH January 14, 2011
DUBLIN, CALIFORNIA November 12, 2010
(Bond Estimate} Job No. 081001P1 .
. ITEM
DESCRIPTION
QUANTITY
. AMOUNT
L ON-SITE IMPROVEMENTS
A. SITE WORK
1. Pad Fine Grading
UNIT PRICE
59 EA $750.00
SUBTOTAL =
B. . ASPHALT PAVING
1. Fine Grading (RW to RW)
2. AC Paving (S"AC 110"AB)
3. Trail.(2.5"AC 16"AB}
4. 2' Wide Chokers (8.5" AS)
5. 12" Class 2 Aggregate Base (Maintenance Road)
189,865 SF $0.35
127,180 SF" $4.00
11,000 SF $2.50
5,500 SF $1.00
6,760 SF $4.25
SUBTOTAL ;:::
C. CONCRETE
1. 6" Curb & Gutter
2. . Driveway
S. Curb Ramps (Handicap Rampw/Armor-Tile Domes) .
4. Sidewalk
5. Flush Curb (1" Raised Median)
6.V~Ditch .
. 5,550 . LF $13.00 .
66 EA$750.00
14 EA $1,900.00
29,645 'SF ..' . $5.00
53 LF $8.00
845 LF . $20.00
SUBTOTAL ;:::
D. STORM DRAIN
1. 12" RCP
2.18" RCP
3. 24" RCP
4. 30" RCP
. 5.. .' Manhole
6. Storm Water Inlet
7. . Curb Subdrain
.' 8. Field lrilet'
9. 3" PVC .
10. Area Drain
11. 6" PVC
16 IF
3,568 LF
770 .' LF
852 IF
5 EA'
34 EA
7,240 LF
5 EA
1,240 SF
3 EA
.75 LF
SUBTOTAL =
E, MISCELLANEOUS
1. Signing & Stfiping
2. Street Monuments
3. LandsCaping (park Strips)
4. . Barricade
5. Street Lights
6. Joint Trench
7.6" Chain Unk Fence
8. Street Trees
9. 4" Irrigation Sleeve
$25.00
$40.00
$55.00
$60.00
$3,500.00
$2,500.00
$12.00
$2,000.00
$10,00
$200.00
$25.00 .
1
22
23,440 .
5
36
4,300
920
137
2,020
LS $10,000.00
EA $400.00
SF $5.00
EA $2,000.00
EA $2,500.00
LF $100.00
LF $20.00
EA $250.00
LF $5.00
SUBTOT AL=
"G:\AdminUobs-08\Q81001 \Eslima.tes~nd\lOtdan.bond.CO$te$C REV.xls
Page2 of 2
$44,250
$44,250
$66,450
$508,720
$27,500
$5,500
$28,730
$636,900
$72,150
$49,500
$26,600
$148,230
$420
$16,900,
$313,800
$400
$142,720 .
$42,350
$51,120
$17,500
$85,000
$86,880
$10.000
$12,400
$600
$1,Ma
$450,850
$10.000
$8,800
$117,200
$10,000
$90,000
$430,000
$18,400
$34,250
$10,100
$728,750
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
CENTRAL PARKWA Y IMPROVEMENTS' Revised September 16,2011
DUBLIN, CALIFORNIA November5,2010
(Bond Estimate} Job No. 081001
SUMMARY
I. ON-SITE IMPROVEMENTS
A. GRADINGISITE WORK
B. ASPHALT PAVING
C~ CONCRETE
D. STORM DRAIN
E. MISCELLANEOUS
SUBTOTAL ::
15% CONSTRUCTION CONTINGENCY::.
TOTAL ESTIMATED CONSTRUCTION COST =
$987,350
$264,270
$161,850
$734,OSO
$440,830
$2,588,380
$388,260
$2,976,640
~.
1~
All cost figures are given as estimates only, Actual Cost wili be dependent on the cost figures at
pidding time; the generaLmarket situation, contractor's workload, seasonal factor. labor arid
. cost. etc. This engineering firm cannot be responsible for f1uctuationsin-.cost factors.
. .
This engineer's opinion is based on Central Parkway Improvement plans, prepared by RJA, dated
July 15; 2011. . .
3;' This engineer's opinion does not include any agency fees.
2.
. 4. This engineer's opinion does not include any joint trench quantities. . '. . . .
. 5, This engineer's opinion does not include costs for water or sewer improvements which-fall under Dublin San
Ramon Service.s Dis/rict jurisdiction. ....
6. This engineer's opinion does.not include any costs 'associated with irrigation and street trees.
G:\Admin\Jo~06\081001\EsliD1B[~\Sond\CoIlIt:ll P1cWy 1mj)R)vemo~$ CM.t EsI.:d~
Page.1 of 2
EXHIBIT C
To the Agreement- ,
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
CENTRAL PARKWA Y IMPROVEMENTS .. Revised September 16,2011
DUBLIN, CALIFORNIA November 5, 2010
(Bond Estimate) Job No. 081001
ITEM
DESCRIPTION
QUANTITY
AMOUNT
I. ON-SITE IMPROVEMENTS
A. GRADING/SITE WORK
1. Rough Grade
2. Erosion Control
3. Clear & Grub
UNIT PRICE
350,000 CY $2.50
32.1 AC $3,000.00
32-1 AC $500.00
SUBTOTAL =
B. ASPHALT PAVING
1. Fine Grading (RfW to.R!W)
2. ACPaving (4" ACI15.s" AS)
3. AC Berm
107,465 SF
37,410 SF
220 LF
C. CONCRETE
1. 6" Flush Curb
2. Median Curb
3. Curb Ramps (Handicap Ramps wlArmor-Tile Domes)
4. Sidewalk
, $0.35
$6.00.
$10,00
SUBTOTAL = . .
. 3,050 . LF $10.00
2,145 LF $20.00
1 EA $1,900.00
17,310 . SF $5.00
SUBTOTAL :::
D... STORM DRAIN
1. 12" RCP
2. 18" RCP
3. 24" RCP
4. 36" RCP
5. 42" RCP
6. Manhole (Type II)
7. Field Inlet (Type 2K)
8. Field Inlet (Type 1 R)
9. Outfall Structure (Including rock riprap)
10. Inlet Riser Structure
11. 16 ft Diameter Arch Culvert with Footings
12. Riprap (Facing Class) at EntrancelExit Culvert
13. Vegetated Swale
176
230
10
75
931
3
3
3
1
1
110
320
17,310
E. . MISCELLANEOUS
1. Signing & Striping
2, Median Landscaping
3. Barricade
4. Traffic Control
5. Retaining Wall
6. Street Monuments
7. Street Lights
8. Join~ Trench
9; 4' Irrigation Sleeve
10. Omamentallron Fence
11: 4" Traffic Conduit
1.
12,380
1
1
4,710
3
6
1,100
160
485
140
G:\AdrninUOb&-08\081001\E5tim<llos\Bond\CallUill Pk\Yi In-.prQVUmulltS Co$l f;.sl.x1s.
Page 2 of 2
LF . $25.00.
LF $40.00
LF $55:00
LF $70.00
LF $80.00
EA $3,500.00
EA. .$3.000.00
EA. $3,500.00
LS $15,000.00
LS $10,000.00
LF $1,300.00
CY $300.00
SF .... $20.00
SUBTOTAL =
LS $20,000.00
SF $5.00
EA . $2,000.00
LS . $25,000:00
SF $35.00
EA $400.00
EA $3,000.00
LF $100.00 ..
LF $5.00
LF $75.00
LF $5.00
SUBTOTAL =
$875,000
$96,300
$16,050
$987,350
$37,610
$224,460
$2,200
$264,270
$30,500
$42,900
$1,900
$86,550
$161,850
$4,400
$9,200
$550
$5,250
$74,480
$10,500
$9,000
$10,500
$15,000
$10,000
$143,000
$96,000
$345,200
$734,080 . ...
$20,000
$61,900
$2,000
$25,000
$164,850 .
$1,200
$18,000
$110,000
$800
$36,380
$700
$440,830