HomeMy WebLinkAbout4.5 Wallis Ranch Tr 7714 Improv Agmtor
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/ii � 111
DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
February 16, 2016
Honorable Mayor and City Councilmembers
CITY CLERK
File #600 -60
Christopher L. Foss, City Manager "
Approval of Tract Improvement Agreement for Tract 7714, allis Ranch,
Neighborhood 4
Prepared by Jayson Imai, Senior Civil Engineer
EXECUTIVE SUMMARY:
Pulte Home Corporation has purchased Tract 7714, Wallis Ranch Neighborhood 4 from
Development Solutions WR, LLC. Pulte Home Corporation has executed a Tract Improvement
Agreement and posted security to guarantee construction of site improvements associated with
Tract 7714, allowing the security previously posted by Development Solutions WR, LLC to be
released.
FINANCIAL IMPACT:
Pulte Home Corporation has signed a Tract Improvement Agreement and has posted bonds to
guarantee the construction of site improvements within Tract 7714. Pulte Home Corporation will
be responsible for all construction inspection costs related to the site improvements required for
Tract 7714. The Homeowners' Association will be responsible for maintaining the private
streets and project - related landscape features.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving the Tract Improvement
Agreement for Tract 7714, Wallis Ranch, Neighborhood 4.
Submitted By
Public Works Director
DESCRIPTION:
(ice
Reviewed By
Administrative
Services Director
'\ Reviewed By
Assistant City Manager
Development Solutions WR, LLC, a Delaware Limited Liability Company, is the owner of Tract
7714, Wallis Ranch, Neighborhood 4 (Attachment 1). On November 17, 2015, Development
Solutions WR entered into a Tract Improvement Agreement with the City (Resolution
Page 1 of 2 ITEM NO. 4.5
No. 175 -15) to guarantee the construction of tract improvements associated with Tract 7714.
Development Solutions WR has not yet initiated construction of these site improvements.
Development Solutions WR has since sold Tract 7714 to Pulte Home Corporation and wishes to
transfer to the buyer its obligations under the original Tract Improvement Agreement. Per
Section 6 of the Tract Improvement Agreement, the City must approve all such assignments of
rights, interests and obligations.
Development Solutions WR previously provided a Faithful Performance Bond and a Labor and
Materials Bond for the construction of the on -site improvements associated with Tract 7714.
Pulte Home Corporation has provided their own Faithful Performance Bond and Labor and
Materials Bond to replace the bonds previously provided by Development Solutions WR and to
secure the construction of site improvements for Tract 7714.
Pulte Home Corporation will be responsible for all construction inspection costs related to the
site improvements required for Tract 7714. All streets internal to Tract 7714 will be privately
owned and maintained by the Homeowner's Association.
With the approval of the Tract Improvement Agreement with Pulte Home Corporation, the City
may authorize the release of the bonds previously provided by Development Solutions WR to
guarantee construction of the improvements for Tract 7714.
Staff has prepared a Resolution Approving the Tract Improvement Agreement for Tract 7714,
Wallis Ranch, Neighborhood 4 (Attachments 2 and 3).
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Public noticing occurred as part of the Tentative Map process. Copies of this report have been
provided to Pulte Home Corporation and Development Solutions WR, LLC.
ATTACHMENTS: 1. Copy of Final Tract Map 7714
2. Resolution Approving Tract Improvement Agreement for Tract 7714,
Wallis Ranch, Neighborhood 4
3. Exhibit "A" to Resolution, Tract Improvement Agreement, Tract 7714
Page 2 of 2
Bond
Bond -
Dtveloper
Number
Amount of Bond
Status
Faithful Performance
Development
To Be
Bond
Solutions WR
K09217356
$ 1,628,282.00
Released
Labor & Materials
Development
To Be
Bond
Solutions WR
K09217356
$ 1,628,282.00
Released
Faithful Performance
Pulte Home
Bond
Corporation
268005914
$ 1,628,282.00
Submitted
Labor & Materials
Pulte Home
Bond
I Corporation
1 268005914
1 $ 1,628,282.00
Submitted
Pulte Home Corporation will be responsible for all construction inspection costs related to the
site improvements required for Tract 7714. All streets internal to Tract 7714 will be privately
owned and maintained by the Homeowner's Association.
With the approval of the Tract Improvement Agreement with Pulte Home Corporation, the City
may authorize the release of the bonds previously provided by Development Solutions WR to
guarantee construction of the improvements for Tract 7714.
Staff has prepared a Resolution Approving the Tract Improvement Agreement for Tract 7714,
Wallis Ranch, Neighborhood 4 (Attachments 2 and 3).
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Public noticing occurred as part of the Tentative Map process. Copies of this report have been
provided to Pulte Home Corporation and Development Solutions WR, LLC.
ATTACHMENTS: 1. Copy of Final Tract Map 7714
2. Resolution Approving Tract Improvement Agreement for Tract 7714,
Wallis Ranch, Neighborhood 4
3. Exhibit "A" to Resolution, Tract Improvement Agreement, Tract 7714
Page 2 of 2
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RESOLUTION NO. - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING TRACT IMPROVEMENT AGREEMENT
FOR TRACT 7714, WALLIS RANCH, NEIGHBORHOOD 4
WHEREAS, the CITY and Development Solutions WR, LLC, a Delaware Limited Liability
Company, the owner of Tract 7714, entered into a Tract Improvement Agreement on November
17, 2015 (hereinafter the "Original Tract Improvement Agreement "), to complete those site
improvements (hereinafter "The Improvements ") required by City of Dublin Planning
Commission Resolution No. 14 -18 adopted on April 29, 2014, in accordance with the
requirements and conditions set forth in said resolution; and
WHEREAS, Development Solutions WR, LLC has not yet commenced construction of
The Improvements; and
WHEREAS, Pulte Home Corporation, has acquired Tract 7714 from Development
Solutions WR, LLC, and Development Solutions WR, LLC, desires to transfer to Pulte Home
Corporation its obligations under the Original Tract Improvement Agreement; and
WHEREAS, Pulte Home Corporation has executed and filed with the City of Dublin a
Tract Improvement Agreement for Tract 7714 to construct The Improvements as required in
accordance with the Conditions of Approval for the Tentative Map, and with the improvement
plans attached thereto (hereinafter the "Tract Improvement Agreement "); and
WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by
Liberty Mutual Insurance Company in the amount of $1,628,282.00 (Bond No. 268005914),
conditioned upon faithful performance of said Tract Improvement Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by
Liberty Mutual Insurance Company in the amount of $1,628,282.00 (Bond No. 268005914),
conditioned upon payment for labor performed or material furnished under the terms of said
Tract Improvement Agreement.
NOW, THEREFORE, BE IT RESOLVED that said Tract Improvement 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 Development Solutions WR, LLC, is released from
the rights, interests and obligations of the Original Tract Improvement Agreement.
1
BE IT FURTHER RESOLVED that the original Faithful Performance Bond and Labor
and Materials Bond provided by Development Solutions WR, LLC, and issued by Westchester
Fire Insurance Company in the amounts of $1,628,282.00 (Bond Nos. K09217356) for site
improvements related to Tract 7714 be released.
PASSED, APPROVED AND ADOPTED this 16th day of February, 2016, by the following
vote:
YES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
2
Mayor
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 7714
This agreement |s made and entered into this 10th day of February, 2D1O, by and between the
City VfDublin, a rDVn|c|pa| corporation, hereinafter referred toms "CO-Y''. and Pu#a Home
Corpdration, hereinafter referred to as "DEVELOPER".
VVHEREAS, it has been determined by the CITY Council of the CITY of [JubQn. State of
California, that DEVELOPER, the subdivider ofTract No. 7714, desires to improve those
improvements (hereafter "The |mnprovamants")required bv City of Dublin City Council Resolution No.
88-14 adopted on May 2O.2O14 for Tract 7T14in 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:
* Rough Grading Plana — Trac 7714— Neighborhood 4atWallis Ranch, prepared bv MacKay &
Sompn and signed bv the City Engineer
* Improvement Plans — Tract 7714— Neighborhood 4 at Wallis Ranch, prepared by MacKay &
8omnps. and signed by the City Engineer
* Joint Trench &Private Street Lighting Plans — Tract 77Y4— Neighborhood 4at Wallis Ranch,
prepared by{9|ocaXoma Design, Unc.. and signed bv the City Engineer
° Landscape Plans — Tract 77Y4— Neighborhood 4 at Wallis Ranch, prepared by {Gates &
Associates, and signed by the City Engineer
and now om file |n the office o| 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
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
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 byof the essence in this Agreement. Upon completion, DEVELOPER shall furnish
CITY with a complete and reproducible set of finaU Record Drawings of The Improvements, including
any modifications made during construction.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required hxthis agreement are
presented in the Bond Estimate, N/a6@s Ranch — Neighborhood 4, /nvp/nmen?entP/ana/GradIno. doted
2/27/15, prepared by MacKay & Somps:
a Neighborhood 4 -Tract 7714 - Improvements $1.628,282.00
Said amount includes costs and reasonable expenses and fees which may be incurred inenforcing
the obligation secured. Said amount reflects that the Tract 7714 Improvements are currently 0%
complete (bond is for 100%nfthe full arnnunh. The bond estimate is, attached as Exhibit Atothis
agnyamamc
Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the
following security |na form satisfactory to the CITY Attorney:
Performance. Faithful Either a cash deposit, a corporate surety bond issued hvocompany
duly and legally licensed to conduct a general surety business in the State of California, or an
instrument ofcredit equivalent to one hundred per cent (1100%) of the estimate set forth in Paragraph
2 and sufficient to assure CITY that The Improvements will be satisfactorily completed (collectively,
the "Faithful Performance Bond").
Materials. Labor and Either a cash deposit, acorporate surety bond issued bya company
duly and legally licensed conduct e general surety business inthe State of California, oran
|natrurnemtofcred|tequiva|ent toone-hu rid red per cent /1DDY6\oythe estimate set forth in Paragraph
2 and sufficient to assure CITY that DEVELOPER'S onntnootorm' subcnntnacfoos, and other persons
furnishing |abor, mnater|e|s, or equipment shall be paid therefore (collectively, the "Labor and Materials
Bond").
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit requ:ired 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
beubta|nedand filed with the C|TY,aQ ins unancmrequ|red under this ponagnaph Prior totha
commencement of work under this Agreement, DEVELOPER's general contractor (if different than
Developer) shall obfe[m or cause to be obtained and filed with the Administrative Services O|reotor, 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
DEVELOPEFYm 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 byCITY. All requirements herein provided shall appear either |n the body ofthe
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 GIL0002/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 ("000mmnnce" form CQDOO1.)
2> |nmunanoe Services Office form mumber[A 000 (Ed. 1/78) coveri ng
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) $1,,000,000 combined single UnnitperucournsnoeforbodUv
injury, personal i 'uryand 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 {0 this project/location orthe8enenaiagBreQaba|inn|t shall be
twice the required occurrence limit.
20 $11,0010,000 combined single Umitperaocidentfurbod|k/
injury and property damage.
3\ Workers' compensation
limits as required by the Labor Code ofthe State ofCalifornia and Employers Liability
11mits of $1,00:01,000 per accident.
C. Any deductibles orself-insured
retentions must be declared to and approved bx the CITY. DEVELOPER hereby declares that
the insurance required under Paragraph 3/BA(1) contains (|) a $1,DUD.00D per occurrence self-
insured retention for Bodily Injury and Property [)ornage Liability, U|\ a $2.000.000 per
uuoumanueself-inauradra[enUomforth|rdpartVauUonuvura/tionsgnd(iii) 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 P@yrOanlG ("GLG[R's"). The CITY
hereby approves the GLS|R^s.
{]. Other Insurance Provisions, The p�VicNs are to contain, Vrbe endorsed to
contain, the following provisions:
1\ General Liability and Automobile Liability Coverages.
u\ The CITY, its officers, agents, offioja|a,employees and volunteers shall
be named om additional insureds aarespects: liability arising out of
activities performed bvoron 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 nospecial
||nm/tat|ons om the scope ofthe protection afforded to the CITY, its
officena, officials, employees or volunteers,
b\ The DEVELOPER's insurance coverage shall b8 primary insurance as
respects the QTY' its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the CITY, its officers, officials,
employees orvoUunteerm shall be excess nf the [)EVELOPER'm
insurance and shall not contribute with it.
d Any failure tmcomply with reporting provisions of the policies shall not
affect c0VenmQe provided to the CITY, its officers, ofOoim|a, employees or
d) The [>E\/ELOPER"s insurance shall apply separately 0o each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
21 The insurer shall
agree 1owaive all rights mysubrogation against the CITY, its officers, offichaky^
employees and volunteers for losses arising from work performed by the DEVELOPER
for the CITY.
3) All Coverages. Each insurance policy required bv 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 nma!|^ return receipt requaated, has been 0|wan to the CITY.
Notwithstanding the foregoing, if an endorsement that would provide for thirty (30)
days' prior written notice prior to one or more of the above actions im 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 asis practicable |f DEVELOPER learns that its
coverage has been suspended, voided, cancelled by either party or reduced in
coverage or|nlimits.
a) Acceptability of Insurers. Insurance is1obo placed with insurers with a
Bests'rating of no less than A:VII.
bl Verification of Coverage. DEVELOPER shall furnish CITY with
certificates of insurance and with original endVrgementsofhaoting
coverage required bv this clause. The certificates and endorsements for
each insurance policy are 1obe signed byu person authorized bythat
insurer to certify coverage om its behalf. The certificates and
endorsements are tObe received and approved by the CITY before
work commences. The CITY reserves the right to require oornpiata,
certified oop|aa of all required insurance policies, at any time provided;
however, that if the policies are not yet available, the City will accept
copies of the applicable binders.
d Subcontractors. DEVELOPER and/or OEVELOPER'sgeneral
contractor shall include all subcontractors as insureds under its policies
or shall obtain separate oartUUcatas and endorsements for each
subcontractor. All coverages for subcontractors shall be subject tu 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
mo|nbananma, ordinary wear and tear and VnUgVa| abuse or neglect, DEVELOPER guarantees all
work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and
4
devices of whatsoever nature incorporated |n. or attached to the vvorh, or otherwise delivered to CITY
oao part mf the work pursuant bz the Agreement, Aobe free of all defects of workmanship and
materials for a period of one (1) year after initial acceptance of the entire work by CITY.
L)EVELOPEFlsha||repa|rornapyaoeamyuraHsuChvvm[korrnater|a|.tuOathorvv|tha||oranyother
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 toCITY. DEVELOPER further covenants and agrees that when defects in
workmanship and materials actually appear during the one-year guarantee period, and have been
corrected, the guarantee period for the defected items shall automatically be extended for an
additional year from the date of the completion of the repair to insure that such defects have actually
been corrected.
In the event the DEVELOPER shall fall 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 Vf such repair. Notwithstanding anything herein t0the
contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee
results in o condition which constitutes an |nonled|at: hazard to the public health, safety, or welfare,
CITY shall have the right tm immediately repair, or cause tobe repaired, such defect, and
DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing
statement relating 1V hazards to health and safety shall be deemed to include either temporary or
permanent repairs which may be required oa determined in the sole discretion and judgment ofCITY.
K CITY, at its sole option, makes orcauses tobemade the necessary repairs orreplacements
or performs the necessary work, [)E\/ELOPER 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 |ovv accruing thirty /30\ days from the date of b||UnQ for such
work or repairs.
5. Inspection of the Work.
DEVELOPER shall guarantee free access tU 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 a|l materials and workmanship which are not in
accordance with the plans and specifications, and all such materials and or work shall be removed
promptly hy DEVELOPER and replaced tothe satisfaction elf CITY without any expense [o CITY |n
strict accordance with the improvement plans and specifications,
6. Agreement Assignmen.
This Agreement mhoUnotb8assiQnedb«C>EVELOPERvvKhouttbevvritbenoonsentofC[TY.
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
tMereof, 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 aa bankrupt, Vr should make a general assignment for the benefit of[)EVELC}PER,s
creditors, or if a receiver should be appointed, orif DEVELOPER, mr any of[)EVEUOPEFYs
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 dn#ou|t| 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 tocompletion.
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 (38) days after the serving upon itof such notice of breach, does not give CITY
written notice of its intention to take over the performance 0fthe 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 monne to conmp|et|on, 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 byCITY
thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in
completing the work, such materials, app|iannes, plant and other property belonging to DEVELOPER
a8 may beonthe site of the work and necessary therefore.
All notices herein required shall be in writing, and delivered in person or sent by registered
mail, postage prepaid.
Notices required toha given tu CITY shall ha addressed asfollows.
City Engineer
City ofDublin
100 Civic Plaza
Dublin, CAS4508
Notices required tobe given to DEVELOPER shall be addressed 8sfollows:
Pulte Homes
O21DStoneridgle Mall Road, Suite 8QO
Pleasanton, CA 84588
Attn. Andy Cost
Phone No. (825�) 249-4327
Notices required to be given surety of DEVELOPER shall be addressed as follows:
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 ak the sole and
exclusive risk ofDEVELOPER. The issuance of any building or occupancy permit hx CITY for
dwellings located within the tract shall not be construed in any manner to constitute a partial orfiool
acceptance or approval of any mr all such improvements byCITY. DEVELOPER agrees thatQTY'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.
8. Safety Devices.
DEVELOPER shall provide and maintain such Quarde, muatchnnen, fences, barriers, regulatory
signs, warning lights, and other safety devices adjacent ho and onthe tract site mm may benecessary
to prevent accidents &o the public and damage t0 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 tobe performed under this Agreement, all fences, barriers,
regulatory signs, warning lights, and other safety devices (except such safety items as may beshown
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 bu 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 Of2596Vfthe
estimated cost of The Improvements that are within the Public riQht-of-vvayor 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 ao 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 Copyright Costs.
|n the event that said plans and specifications require the use of any material, process Or
publication Vvh1Dh is subject to 8 duly registered oohen1 or copyright, DEVELOPER shall be liable for,
and shall indemnify CITY from any fees, costa or litigation expenses, including attorneys' fees and
court costs, vvh[oh may result from the use of said patented or copyrighted material, pnJcwmn 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 orbonds 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
3810of the Civil Code of the State ofCalifornia.
7
13.
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 |ndenDnifv,
defend, re|ease, and save harmless QTY, and each of its elective and appointive boards,
commissions, officers agents and ernp]oyaas, from and against any and all loss, o|o|ma^ au(te.
liabilities, actions, damages, or causes Vf action of every kind, nature and description, directly
or indirectly arising frunm an act or omission of DEVELOPER, its employees, aQento, or
independent contractors in connection with DEVELOPER'S actions and obligations hereunder;
provided asfollows:
1) That CITY does not, and shall not, waive any rights against DEVELOPER
which it may have bv reason of the aforesaid hold harmless agreement, because ofthe
acceptance bv CITY, or the deposit with CITY bv DEVELOPER, of any cf the
insurance policies described |n Paragraph 4hereof.
21 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 tube applicable to any of such damages Vrclaims
for damages.
3\ Design Defect. If, h1the opinion of the CITY, a design defec hn 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 10 the CITY for the corrective work required.
4\ Litigation Expenses. |n the event that legal action h$ instituted hveither
party 10this Agreement, and said action seeks damages for breach of this Agreement
or seeks to specifically enforce the terms of this Agreement, and, inthe event judgment
is entered in said action, the prevailing party shall be entitled to recover its attorneys'
fees and court costs. |f CITY |o the prev@|hng party, CITY shall also be entitled \V
recover its attorney's fees and costs in any action against [JEVEL{JPER'm surety onthe
bonds provided under paragraph 3.
14.
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 st
Dublin, California, the day and year first above written.
CITY OF DUBLIN
By:
City Manager
ATTEST:
City Clerk
DEVELOPER
Pulte Home Corporation
B y.-
Authorized Representative
196D4-040
Revised 0212712015
BOND ESTIMATE
WALLIS RANCH - NEIGHBORHOOD 4 IMPROVEMENT PLANS
City of Dublin
ITEM
QUANTITY
UNIT
DESCRIPTION
UNIT PRICE AMOUNT
A. STREETWORK
2,
1,350
LF
Standard Curb and Gutter (catch)
1.
58,122
SF
Finish grading street
0.40 S
23,250
2,
59,620
SF
Finish grading alley
0.40 S
23,850
3,
45,965
SF
Pavement Section (3"AC / 12"AB) street
3.50 S
160,880
4.
5,050
SF
Pavement Section (2.5"AC / 8"AB) alley
3.50 S
17,680
5.
12,157
SF
4" AB under curb, gutter, sidewalk, driveway- street
0.72 S
8,750
61
LUMP SUM
Signing & Striping
10,000.00 5
10,000
7.
9,842
LF
4" PVC Gutter sub drain
9.50 S
93,500
8,
2
EA
Standard City of Dublin street monuments
300,00 S
600
11. 147
EA
Finish lot grading
ESTIMATED TOTAL STREET WORK:
$
338,510
A I K61 zM2Ata1ff111;D
1 .
3,210
LF
Rolled curb & Gutter
20.00 $
64,200
2,
1,350
LF
Standard Curb and Gutter (catch)
15.00 $
20,250
3.
3,143
LF
Concrete Band
10,00 $
31,430
4.
2,662
LF
Concrete Sidewalk/Paseo
20,00 $
53,240
5,
19
EA
Curb Inlet (street)
4,200.00 $
79,800
6.
26
EA
Curb inlet (alley)
5,000.00 $
130,000
7,
2
EA
Field Inlet
2,000.00 $
4,000
a.
2,139
LF
Curb and gutter (spill)
15.00 $
32,090
ESTIMATED TOTAL CONCRETE WORK: $ 415,010
C. STORM DRAIN WORK
1. 1,431
LF
18" HDPE Storm drain pipe
45.00 $
64,400
2. 570
LF
15" HDPE Storm drain pipe
40.00 $
22,800
3. 3,351
LF
6" HDPE Storm drain pipe
25.00 $
83,780
4. 8
EA
Connect to existing
1,500.00 $
12,000
ESTIMATED TOTAL STORM DRAIN WORK:
$
182,980
D. ELECTRICALIJOINT TRENCH
1. 10
EA
Single arm "Decorative" electrolier including conduit &
3,500.00 $
35,000
boxes
2. 4,366
LF
Joint Trench (length of improvements)
60.00 $
261,960
ESTIMATED TOTAL ELECTRICAL WORK:
$
296,960
E. GRADING
11. 147
EA
Finish lot grading
400.00 $
58,800
2. 1
LUMP
Erosion control
20,000.00 $
20,000
ESTIMATED TOTAL GRADING WORK:
$
78,800
E. MISCELLANEOUS CONSTRUCTION
1. 1,470
LF
6" irrigation sleeves
12.00
$17,640
2
1 Lump Landscape
19804-040
Revised 0212712015
50,000.00 $50,000
ESTIMATED TOTAL MISC. CONSTRUCTION: $67,640
NOTES
1m604-n40
RevIsed 0212712015
SUMMARY
A oTweeTvvoRK
$338^510
B CONCRETE WORK
415.010
C STORM DRAIN WORK
182'e80
D ELECTR|CAL/JO>NTTRENCH
zmo'000
E onAo|MG
78.800
G MISCELLANEOUS CONSTRUCTION
_67,640_
ESTIMATED IMPROVEMENT COST'
$1.379.900
CONTINGENCY (10%)
$137'990
ENGINEERING FEE (m%)
$110,392
TOTAL BOND ESTIMATE:
$1.628,282
This estimate |a prepared oma guide only and iu subject ho 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 &Gompm makes no warranty, either
expressed or implied, aatn the accuracy ef this estimate.
2. This estimate does not consider the following:
a, Land costs, acquisition of Right of rights of
lb. Fees for assessment, lighting: & landscaping, GHAD, Mello Roos districts or the fike.
c. Fencing
d' Costs associated with trench shoring,
e. City fees,
f. Phased construction oroutofre0u|armequanoenonmtrucUon.
g. Tree preservation systems.
h. Landscaping & associated design costs
L Financing and overhead charges.
j. Costs associated with Endangered Species and Wildlife Conservation,
k. Cost associated with Corps of Engineers, Fish and Gamie, Fish and Wildlife and Wetlands
|. Costs associated with ovore«covot|nnof unsuitable material,
Costs presented herein represent um opinion based on historical information. No provision has been
made for Inflation.
As noted above this estimate does not include costs associated with dght-of-«uy acquisition or
temporary grading/conistruction easements.
Prepared by the firm of