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HomeMy WebLinkAboutReso 149-12 Positano Fallon Vlg Tr 8105 RESOLUTION NO. 149 - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 8105, NEIGHBORHOOD D-4, POSITANO/ FALLON VILLAGE WHEREAS, the Final Map for Tract 8105, 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, Dublin RE Investors, LLC, A California Limited Liability Company, by Braddock and Logan Services, Inc, A California Corporation, Its Manager, has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 8105 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 Barney and Barney in the amount of $2,313,370 for the in-tract improvements (Bond No. 724677S), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the Barney and Barney in the amount of $2,313,370 for the in-tract improvements (Bond No. 724677S), 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 8105 be and the same is hereby approved, and that rights to the areas marked as East Cantara Drive, La Strada Drive, North Spago Drive, South Spago Drive, Parcel C, and Public Service Easement (PSE), 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 4th day of September, 2012 by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ^ / Mayor ATTEST: rivvy L •- "1 City Clerk Reso No. 149-12, Adopted 9-4-12, Item 4.3 Page 2 of 2 CITY OF DUBLIN IMPROVEMENT AGREEMENT Tract 8105, Neighborhood "0-4", Positano/ Fallon Village This agreement is made and entered into this 4th day of September, 2012, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Dublin RE Investors, LLC, A California Limited Liability Company, by Braddock and Logan Services, Inc., A California Corporation, Its Manager, 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 8105, also known as Positano/ Fallon Village Neighborhood "D-4", desires to improve and dedicate those public improvements (hereafter "The Improvements") in accordance with the requirements and conditions set forth in the City of Dublin Planning Commission Resolution No. 05-61 (PA 05-038), adopted on November 22, 2005, and City Council Resolution No. 223-05, adopted on December 6, 2005; the requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY, and those certain plan and specifications for said development approved by the City Engineer, as follows: • "Improvement Plans, Tract 8105 - Fallon Village Neighborhood D-4"(9 Sheets, Sheets 1-9), prepared by MacKay and Somps, Inc, approved May 23, 2012. • "Rough Grading Plan, Fallon Village Tract 8105, Neighborhood D4, Park & School" (12 Sheets, Sheets 1-12), prepared by MacKay and Somps, Inc., approved April 25, 2012. • "Joint Trench Composite, Braddock & Logan Tract 8105- Fallon Village Neighborhood D4 (6 Sheets, Sheets JT1-JT6), prepared by Giacalone Utility Design and Planning, dated May 22, 2012, with modifications as necessary for City approval. • "Street Lighting, Braddock& Logan Tract 8105- Fallon Village Neighborhood D4 (5 Sheets, Sheets SL1-SL5), prepared by Giacalone Utility Design and Planning, dated May 22, 2012, with modifications as necessary for City approval. • "Landscape Plans— Fallon Village— Tract 8105— Neighborhood D4"(44 Sheets, Sheets L0.1-L5.2), prepared by Gates and Associates, dated July 25, 2012, with modifications as necessary for City approval. WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of 1 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 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 will commence construction of The Improvements within thirty (30) days following the date on which CITY executes this agreement. DEVELOPER shall complete said work not later than two years following said date of execution of this agreement, unless the completion date is extended by the City Council. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as-built plans of The Improvements, including any authorized modifications. 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement is agreed to be as presented in the Bond Estimate— Fallon Village—Neighborhood D4, dated February 9, 2012, prepared by MacKay & Somps ($2,313,370), and attached to this agreement as Exhibit "A". Said amount reflects 100% completion of the work. Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. 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 per cent (100%) of the estimate 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 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 therefor. 2 C. If required by CITY, a cash deposit, corporate surety bond, or instrument of credit sufficient to assure CITY that the surface water drainage of the subdivision shall not interfere with the use of neighboring property, including public streets and highways. CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform to the provisions of Chapter 5 of the Subdivision Map Act. P P 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 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 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. 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.) 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 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. 2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3 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. At the option of the CITY, DEVELOPER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages. 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 limits of the insurer's liability. 2) Workers' Compensation and Employers Liability Coverage. 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 Coverages. 4 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, return receipt requested, has been given to the CITY. a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. b) Verification of Coverage. 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. 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 design, workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period shall automatically be extended for an additional year [HOLD]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 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 5 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. 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. Agreement Assignment. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY, which shall not be unreasonably withheld, denied, or delayed. 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, 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 6 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 therefor. 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: Mark Lander, City Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 (925)-833-6630 Notices required to be given to DEVELOPER shall be addressed as follows: Jeff Lawrence Braddock and Logan Services, Inc. 4155 Blackhawk Drive, Ste. 201 Danville, CA 94506-4613 (925)- 736-4000 Notices required to be given surety of DEVELOPER shall be addressed as follows: Susan Long Barney and Barney 1999 Harrison Street, Ste.1230 Oakland, CA 94612-3533 (510)-273-8888 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 7 occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. 9. Safety Devices. DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly. 10. Acceptance of Work. Upon notice of the completion of all tract work and the delivery of a set of final as-built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine the tract work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance. 11. Patent and Copyright Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. 12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 13. Liability. A. DEVELOPER Primarily Liable. DEVELOPER 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 8 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 [STAYS], 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) Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. [STAYS] 4) Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. 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. 9 CITY OF DUBLIN By: Joni Pattillo, City Manager ATTEST: City Clerk DEVELOPER Dublin RE Investors, LLC, A California Limited Liability Company By Braddock and Logan Services, Inc., A California Corporation, Its Manager • r Print Name Title G:IDEVELOPMENT,PRIVATE\Fallon Village(EDPO)1Tract 8105-B&L(N-04,School&Park)1Tract 8105 improvement agmt.doc 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of f Conntra Costa On U / 3 ` 1 2-- before me, Nancy E. Embrey, Notary Public Date Here Insert Name and Title of the Officer personally appeared e � ,`y G`� � � ,c\L e Name(s)Of Slgnar(s) who proved to me on the basis of satisfactory evidence to be the person($whose name(ssY !!subscribed to the within instrument and acknowledged to me that Chi lslzie hey executed the same in<D5/14egtheir authorized capacityjiesj'and that by tiLy-- - r signature(a) on the instrument the persons or the entity upon behalf of NANCY E. EMBREY which the persoq(sracted, executed the instrument. G Commission#r 1859710 z a Notary Public -California z I certify under PENALTY OF PERJURY under the laws z rk ? Contra Costa County ' of the State of California that the foregoing paragraph is ° My Comm. Expires Aug 1,2013 true and correct. WITNESS my hand and official seal. Signature ...LLLLLL...�,,,����� ' Place Notary Seal Above Si re of Notary Public OPTIONAL vv Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document (A-core--47- _ �, p,h Title or Type of Document: 5( VYk'1,t .3-t:-�Y c` °-�' �O 1us '�\ `'� Document Date: l `� ( ( Number of Pages: V Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Ttle(s):- ❑ Partner—❑Limited ❑General ❑Partner—❑Limited ❑General RIGHTTHLUSPRINT RIptiTTHU67BPRIN r ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF-SIGNER ❑ Trustee Top of thumb here ❑Trustee Top oI thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other: Signer Is Representing: Signer Is Representing: erC-a5Cst84-484,nonW984or•4'4cN4�d4-e•.-4• --m-•as'.�-•m+.LnG-ygoq:p-y-e•y�- -e'--e.•r -er-e•-•d d r WeXer ©2007 National Notary Association•4350 De Soto Ave.,P.O Box 2402•Chatsworth.CA 91313-2402•www NationalNotary ag Item 85907 Reorder Call Ton-Fee 1-800-B75-6827 19514-01D 01/10/2012 JBM 02/09/2012 JBM BOND ESTIMATE FALLON VILLAGE- NEIGHBORHOOD D4 - 98 LOTS (43' X 80' LOTS) This Bond Estimate is based on Improvement and Grading Plans dated March 2012 TRACT 8105 - CITY OF DUBLIN ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT A. GRADING & STREETWORK 1. 44,700 CY Rough Grading 2.10 $93,870 2. 159,030 SF Finish grading street 0.40 $63,610 3. 98 EA Finish lot grading 750.00 73,500 4. 811 LF Retaining Wall (h<=1.5±) 24.00 19,460 5. 726 LF Retaining Wall (h=1.6-2.5±) 48.00 34,850 6. 653 LF Retaining Wall (h=2.6-4.0±) 72.00 47,020 7. 2,190 LF Backfill Retaining walls 12.00 26,280 8. 13,890 SF Paved multi-use trail/EVA/maint. (3" AC on 9"AB) 3.00 41,670 9. 49,950 SF 4" AC pavement on La Strada & Cantara . 1.80 89,910 10. 53,590 SF 3"AC pavement on Spago 1.35 72,350 11. 49,950 SF 14"AB on La Strada & Cantara 2.50 124,880 12. 53,590 SF 12"AB on Spago 2.15 115,220 13. 24,265 SF 4" AB under sidewalk and driveway (includes 0.72 17,470 handicap ramps) 14. 9,053 SF 4"AB under curb & gutter 0.72 6,520 15. - 11 EA Standard City of Dublin street monument 300.00 3,300 16. 3 EA Stop and street name sign 450.00 1,350 17. 3 EA Stop bar & legend 600.00 1,800 18. 1 EA Traffic signs 220.00 220 19. • 1 LS Traffic striping 2,000.00 2,000 20. 8 EA Pavement reflectors at fire hydrants 25.00 200 21. 1 LS Erosion control 6,000.00 6,000 ESTIMATED TOTAL STREET WORK: $841,480 B. CONCRETE WORK 1. 6,035 LF Standard curb & gutter measured thru driveways 15.00 $90,530 2. 11 EA Curb inlet 4,200.00 46,200 3. 24,265 SF 4" Sidewalk & handicap ramps 4.00 97,060 4. 9,310 SF 6" Driveway approach 6.00 55,860 • 5. 196 EA 3" PVC thru curb drains (2 per lot) 100.00 19,600 6. 5 EA Armor-tile domes in handicap ramps 400.00 2,000 7. 6 EA Storm drain field inlet 1,800.00 10,800 8. 6,035 LF 4" SDR drain under curb & gutter 9.50 57,330 ESTIMATED TOTAL CONCRETE WORK: $379,380 EXHIBIT I Coov of 19514-04d-20120110-J8h1-FallonVillaoe-Neioh04-98-Lots-Bond estimate To th-e Agreement 19514-01D 01/10/2012 JBM 02/09/2012 JBM ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT C. STORM DRAIN WORK 1. 2 EA Manholes including reset to finish grade 4,000.00 $8,000 2. 215 LF 24" Storm drain 60.00 12,900 3. 1,642 LF 18" Storm drain 45.00 73,890 4. 241 LF 15" Storm drain 40.00 9,640 5. 43 LF Scour protection 1.20 50 ESTIMATED TOTAL STORM DRAIN WORK: $104,480 D. ELECTRICAUJOINT TRENCH 1. 19 EA Single arm "Decorative" electrolier including 3,500.00 $66,500 conduit & boxes 2. 98 UNITS Joint trench (including service completions) 6,000.00 588,000 ESTIMATED TOTAL ELECTRICAL WORK: $654,500 E. LANDSCAPE & IRRIGATION 1. 21,605 SF Parkway strip landscaping 4.50 $97,220 2. 90 EA Street trees in-tract (estimated quantity) . 250.00 22,500 ESTIMATED TOTAL LANDSCAPE PLANTING & IRRIGATION: $119,720 F. MISCELLANEOUS CONSTRUCTION 1. • 1 LS 6" irrigation sleeves 3,500.00 $3,500 ESTIMATED TOTAL MISCELLANEOUS CONSTRUCTION: $3,500 SUMMARY A STREETWORK $841,480 B CONCRETE WORK 379,380 C STORM DRAIN WORK 104,480 D ELECTRICAL/JOINT TRENCH 654,500 E LANDSCAPE & IRRIGATION 119,720 F MISCELLANEOUS CONSTRUCTION 3,500 ESTIMATED IMPROVEMENT COST: $2,103,060 CONTINGENCY 10% $210,310 TOTAL BOND ESTIMATE: $2,313,370 Copy of 19514-04d-20120110-MYt-FallonVillage-NeighD4-98-Lots-Bond estimate 2 of 3 19514-01D 01/10/2012.J BM 02/09/2012.JBM NOTES 1. This estimate is prepared as a guide only and is subject to possible change. It has been • prepared to a standard of accuracy which, to the best of our knowledge and judgment, is sufficient to satisfy our understanding of the purposes of this estimate. MacKay& Somps makes no warranty, either expressed or implied, as to the accuracy of this estimate. 2. This estimate does not consider the following: a. Land costs, acquisition of Right of Way, easements, and/or rights of entry. b. Fees for assessment, lighting & landscaping, GHAD, Mello Roos districts or the like. c. Fencing d. Costs associated with trench shoring. e. City fees. f. Phased construction or out of regular sequence construction. g. Tree preservation systems. h. Landscaping & associated design costs I. Financing and overhead charges. j. Costs associated with Endangered Species and Wildlife Conservation. k. Cost associated with Corps of Engineers, Fish and Game, Fish and Wildlife and Wetlands I. Costs associated with overexcavation of unsuitable material. 3. Costs presented herein represent an opinion based on historical information. No provision has been made for inflation. - 4. As noted above this estimate does not include costs associated with right-of-way acquisition or temporary grading/construction easements. Prepared by the firm of MACKAY & SOMPS Copy of 19514-04d-20120110-JBM-FallonVillage-NeighD4-98-Lots-Bond estimate 3 of 3