Loading...
HomeMy WebLinkAboutReso 157-12 Sorrento East Tr 7655 RESOLUTION NO. 157 - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7655, SORRENTO EAST-NEIGHBORHOOD 9 WHEREAS, the Final Map for Tract 7655, 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, Shea Homes, Inc., a Delaware corporation, has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 7655 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 the Westchester Fire Insurance Company in the amount of $122,460 for the public Tract 7655 improvements (Bond No. K0874287A), and in the amount of $562,780 for the private Tract 7655 improvements (Bond No. K08742911), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the Westchester Fire Insurance Company in the amount of $122,460 for the public Tract 7655 improvements (Bond No. KQ874287A), and in the amount of $562,780 for the private Tract 7655 improvements (Bond No. K08742911), conditioned upon payment for labor performed or material furnished under the terms of said Agreement; and WHEREAS, certain Covenant and Deed Restriction recorded in the Official Records of • Alameda County on March 3, 2011, as Instrument No. 2011-79727 imposed certain obligations on the Owner with respect to securing the completion of improvements specified for Parcel 4 of Tract 7982; and WHEREAS, with respect to Parcel 4 sufficient security has been provided to ensure that the obligations with respect to said Parcel 4 will be satisfied. 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 the Release of Covenant and Deed Restriction with Respect to Parcel 4 of Tract 7982, attached hereto as Exhibit B. Page 1 of 2 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 7655 be and the same is hereby approved, and that rights to the areas marked as Public Service Easement (PSE) and Emergency Access Easement (EVAE) 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. 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 6‘z Mayor ATTEST: 6(,-1/0 e City Clerk • Reso No. 157-12,Adopted 9-4-12, Item 4.10 Page 2 of 2 • CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 7655 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 Shea Homes Inc., 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. 7655, desires to improve those improvements (hereafter"The Improvements") required by City of Dublin Planning Commission Resolution No. 10-09 adopted on March 9, 2010 for Tract 7655, and the improvements for landscaping and construction of the eastern frontage of Grafton Street and northern frontage of Central Parkway, as required for Tract 7982 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 7655, Sorrento East-Neighborhood 9, prepared by Ruggeri- Jensen-Azar dated June 20, 2012 with any modifications required for City approval; • Landscape Plans, Tract 7655, Sorrento East- Neighborhood 9, prepared by R3 Studios and signed by the City Engineer on July 2, 2012; • Joint Trench Composite & Street Lighting Plans for Tract 7655, Sorrento East— Neighborhood 9, prepared by RGA Design, LLC and signed by the City Engineer on June 29, 2012; • Improvement Plans, Tract 7982, Sorrento East prepared by MacKay & Somps and signed by the City Engineer on March 15, 2011; • Landscape Plans, Tract 7982, Sorrento East- Backbone Improvements prepared by R3 Studios and signed by the City Engineer on January 13, 2012; 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 1 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 7655, dated June 25, 2012, prepared by Ruggeri-Jensen- Azar, and are agreed to be as follows: • Tract 7655 Public Improvements $ 122,460 • Tract 7655 Private Improvements $ 562,780 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. 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. 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, DEVELOPERS 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: 2 • 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) 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, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the DEVELOPER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense • expenses. 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. • 3 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. 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 arid agrees that when defects in • workmanship and materials actually appear during the one-year guarantee period, and have been 4 • 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. - • 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, or 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. 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 consent shall be granted or withheld in the manner described in Section 17 of the Development Agreement between the City of Dublin and Structured Lot Options I, LLC for Sorrento East at Dublin Ranch, dated August 7, 2007. • 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 of the work, or any severable part thereof, or fails to complete such work within the time specified herein, 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. • 5 • 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 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 Notices required to be given to DEVELOPER shall be addressed as follows: Shea Homes Inc., a Delaware corporation 2580 Shea Center Drive Livermore, CA 94550 Attn: Matthew J. Henry, VP of Land Acquisition Notices required to be given surety of DEVELOPER shall be addressed as follows: Westchester Fire Insurance Company - do Ace INA Group 436 Walnut Street Philadelphia, PA 19192 • 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. • • 6 • 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 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. City shall release any and all security provided by DEVELOPER in the manner described iri Section 66499.7 of the Subdivision Map Act. [The City will not accept the Private Improvements and a warranty bond will not be needed for these Improvements.] 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 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: 7 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) 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. 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. • CITY OF DUBLIN • By: City Manager • ATTEST: • City Clerk . • 8 DEVELOPER Shea Homes Inc., a Delaware corporation By: Matthew J. Henry VP of Land Acquisition • G:IDEVELOPMENT,PRIVATE1Dublin RanchlSorrento-East\Tract 7655-Neighborhood 91Tract 76551Tract Improvement Agreement-Tract 7655.doc • • 9 RUGG ER1-JE NSE I\ AZ AR NGiNGEHS L A NM E P S • .9,,L;R E ENGINEERS OPINION.OF PROBABLE CONSTRUCTION COSTS FOR SORRENTO EAST-NEIGHBORHOOD 9 June 25,2012 DUBLIN;CALIFORNIA deb Nd. 101073N9 0116,11c Improvements-For City Bonding Purposes) . _ ITEM DESCRIPTION QUANTITY UNIT PRICE _ AMOUNT A. CONCRETE - . 1. -5 Sidewalk(Giovanni Way) 4,635 SF' 00 $18,740 2. 6'SideWalk(Lee Thomspon Street) 1,077 SF $4. $4.00" 54,310 ' S. ;8 Sidewalk(Grafton Street) 1,035 SF $4.00 $4,140 4. 8'Sidewalk(Central Parkway) 8,031 SE $4.00 $32 120 a Driveway Approach 2 EA $2,00000 54;000 U- Curb Ramp 4 EA $2,500.00 - $10,000 StidTOT1= $73.3.10 . LANDSCAPE 1. -Landscaee,including Street treea' 9,506 SF $4.00 $38,020 SUBTOTAL= $38,020 SUBTOTAL Or AAho B= 111.330 10%CONSTRUCTION CONTINGENCY = . . _$11,130' TOTAL ESTIMATED`CONSTRUCTION COST=. $122,460 '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 iantiattors work load seasonal factor,labor and cost etc. This engineering firm cannot be responsible for fluduations in cost factors: This engineers opinion is based on the improvement plans prepared by Ruggeri-Jensen-Azar,dated June 22,2012 3. This engineers opinion does not include any agency fees, • • GYob20101101073Wirnbastimates1Somento_NOtond Public estxls Page 1'of 1 Prepared by J.Yee 460 CHABOT ORIVE„SUITE 200, PLEASANTON,CA'94588- T:(925)227-9100/F:(925)227-9300/wWw rja-gpt.coTh • RUGGERI-JEN5gN,A.ZAR E INEE ".* P /vNN n •A R'y EWE, . . -ENGINEER!s-OPINION OF PROBABLE CONSTRUCTION COSTS • FOR SORRENTO EAST-NEIGHBORHOOD 9 June 25;2012 DUBLIN,CALIFORNIA .job No 101073N9 (Private Improvement§-Few City.Boilding Pycl3pses) ttumMARy A. :SITE VVORK/GRADING ;soap B. ASPHALT PAVING $61,600 C. CONCRETE $40 530 D. St9RAli DRAIN $168,230 E :MISCELLANEOUS $80,266 .F. JOINT TRENCH $86,000 stip-170TM., = stfugo. coWsTROCTioni coiv-riNGENc* $51;160. TOTAL ESTIMATED CONSTRUCTION CPO: S562;7.81I, • Notes: 1. All cost figures are given as estimates only Actual cost will be dependent on the cost figures at bidding time the genera(matkatSituation,contractors work load,seasonal factor,labor and cast,eta. This engineering' farh.cannot baresponaible for fluctuations in cost faCtors. a This engineer's opiniervia based on the improvement plans prepared by Fluggeri-Jeasen-Azar;dated June 20,2012, 3. This englneersaopinion does not include any agency fees. .G...1aethetwonviattaF..am.i;s‘s‘,4a..*.bood_pfwaisestaks Page 1-:of 2 • Preimred.byJ Yee • ' '""' 4690 CHABOT DRIVE,SUITE 200,PLEASANTON;CA 94588 L..0251,227:9106 F:(9? )227-9300/YvvVw-I'ls‘00s.c 0m 1 - n I liUGGERI-JEWSEN-AZAR .. . , ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS EOM SORREIVTO EAST-NEIGHBORHOOD 9 June 25,2012 DUBLIN,CALIFORNIA Job No 101073N9 (P rivAte Iiiii3rovenfents-For City Bonding Panioses) . . , . ITEM DESCRIPTION QUANTITY UNIT PRICE .AMOUNT A. SITE WORK/GRADING 1. Rough Grading 3406 CV $3.00 $10,200 2. Erosion Control I LS $50,00a60 $50,000 .. .„ 3. Pad Fine Grading 12 EA $700 00 . $8 400 SUBTOTAL=. l$68,600 a ASPHALT PAVING . 1. Fine Grading 25,6a3 SF $0.30 7 2. AC Pavement(2.5"AO/8"AS) 20,102 SF $S 60 .00 $ ,310 $ 690 , SUBTOTAL . = $68,000 C. CONCRETE 1. 6 Wide Flush Curb 1 236 LF isIoci $10 290 , a 17 Wide Flush Curb 145 LF $8.00 $1,160 3. WA/et-heal Curb 41 LF $10.00 $410 4. 6°Standard Curb&Gutter 101 LF '$1000 $1,010 a 4"Rolled Curb&Gutter 976 •LF $1200 $11,710 6. Decorative Pavement 2,659 SF $6.00 $15,950 SUBTOTAL= $40,530 D. STORM DRAIN 1 8"Storm Drain 2,837 LF l$25.00 $70,930 a 12 Storm Drain 477 LF $35.00 $16,700 3. 15"Stokrn Drain 355 LF $3100 $13,140 4. 18 Storm Drain 244 LF $40.00 $9,760 5. Storm Water Inlet 9 EA $2,500.00 $22,590 6. Drainage Inlet 4 EA $2,000.00 .$8,000 7. Area Drain 136 EA $200.00 $27200 SUBTOTAL= $168,230 E. MISCELLANEOUS • 1. Signing&Striping 1 LS $3,500.00 $3,500 _ a 3'(Average)Retaining Wall 1,039 LF $40.00 $41,560 4. 51(Aveiage)Retaining Wall 440 LF $80.00 $35,200 SUBTOTAL= $80,260 F. JOINT TRENCH . 1. Street Light 4 EA $3,500.00 $14,000 2.; Joint Trench Main\Anthill Tract 1200 LF. $6000 $72,000 SUBTOTAL 2-. $86,000 . . ekeb2rnomielaudimnesmaioascinenia_riabootewmesun Page 2 of 2 Prepared by J:Yee Recording requested by and when recorded mail to: City of Dublin • 100 Civic Plaza Dublin, CA 94568 Attn: City Clerk EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE§§6103, 27383 Space above this line for Recorder's use, RELEASE OF COVENANT AND DEED RESTRICTION FOR PARCEL 4 OF TRACT 7982 WHEREAS, SR Structured Lot Options I, a Delaware limited liability company ("the Owner"), caused to be recorded in the Official Records of Alameda County that certain Covenant and Deed Restriction ("the Covenant"), recorded on March 3, 2011, as Instrument No. 2011-79727 and affecting the real property delineated as Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Tract Map 7982 recorded in the Official Records of Alameda County on March 3, 2011, as Instrument No. 2011-79726 ("the Tract Map") in order to secure completion of certain improvements required as conditions of the City of Dublin's approval of the Tract Map; and WHEREAS, said Covenant imposed certain obligations on the Owner with respect to securing the completion of improvements specified for each of the ten individual parcels created by the Tract Map; and WHEREAS, Said Covenant provides that the City shall release the Covenant in whole or in part as to one or more of the individual parcels upon the effectiveness of a Tract Improvement Agreement and accompanying security relating to the parcels or to any individual parcel; and WHEREAS, with respect to said Parcel 4, the owner has entered into a Tract Improvement Agreement and has provided sufficient security to ensure that it will satisfy its obligations with respect to said Parcel 4; and WHEREAS, Owner has requested, and City wishes to release the Covenant with respect to Parcel 4. NOW THEREFORE, the City hereby releases the Covenant with respect to said Parcel 4, except as otherwise provided herein, or in any other Release of Covenant and Deed Description submitted by the City and recorded in the Official Records of Alameda County, all other provisions of the Covenant shall remain in full force and effect. Dated: CITY, City of Dublin, a municipal corporation By: Joni Pattillo Its: City Manager ATTEST: By: Its: City Clerk SIGNATURES MUST BE NOTARIZED. • • G:\DEVELOPMENT,PRIVATE\Dublin Ranch\Sorrento-East\Tract 7655-Neighborhood 9\Tract 7655\Release of Covenant and Deed Restriction.doc Notary Acknowledgement [Insert Here] 1655763.1