HomeMy WebLinkAboutItem 4.11 - 1759 Amendment of Improvement Agreement for Jord
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STAFF REPORT
CITY COUNCIL
DATE: December 19, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendment to Improvement Agreement for Jordan Ranch Neighborhood
Park; Acceptance of Jordan Ranch Neighborhood Park Improvements;
and Acceptance of Offer of Dedication of Parcel D of Tract 8024
(Neighborhood Park Site), Jordan Ranch Park (CIP No. PK0514)
Prepared by: Michael Boitnott, Capital Improvement Program Manager
EXECUTIVE SUMMARY:
The City Council will consider approval of an amendment to the Improvement
Agreement with BJP-ROF Jordan Ranch, LLC to include certain additional
improvements to be constructed by the Developer. The City Council will also consider
acceptance of the improvements and accepting the offer of dedication, as well as
approve the budget change.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Amendment to the Improvement Agreement for
Jordan Ranch Parcel D (Neighborhood Park Site), Accepting the Jordan Ranch Park
Improvements; and Accepting the Offer of Dedication of Parcel D of Tract 8024, and
approve the budget change.
FINANCIAL IMPACT:
A budget increase of $170,000 is necessary to fund the additional required
improvements and other project closeout costs. The funding source is the Public
Facilities Fee Program. BJP-ROF Jordan Ranch, LLC, has provided a Maintenance
Bond to guarantee the improvements associated with Jordan Ranch Parcel D
(Neighborhood Park Site) and additional improvements as set forth in the Amendment
to the Improvement Agreement for Jordan Ranch Parcel D (Neighborhood Park Site),
for one year. Tthe City will incur maintenance costs estimated at $80,000 to $100,000
annually.
DESCRIPTION:
In November 2015, BJP-ROF Jordan Ranch, LLC, the Developer of Tract 8024, entered
into an Improvement Agreement with the City, via City Council Resolution No. 182-15,
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to construct improvements associated with the Jordan Ranch Neighborhood Park,
Parcel D of Tract 8024.
The Developer recently completed the construction of the required improvements
associated with the Improvement Agreement and is requesting that the Faithful
Performance and Labor and Materials Bonds they provided for this work, as shown in
the table below, be released.
IMPROVEMENTS
ORIGINAL AMOUNTS
STATUS
Faithful
Performance Bond
(Bond No.)
Labor & Material
Bond
(Bond No.)
Jordan Ranch
Parcel D
(Neighborhood
Park Site)
Improvements
$1,962,485
(0694142)
$1,962,485
(0694142)
To Be
Released
The Developer also provided a Mainte nance Bond equal to twenty percent of the overall
improvement costs.
As part of the close out of the Project, Staff identified a few necessary improvements
relating to the irrigation system and storm drain system that weren’t accounted for in the
original Improvement Agreement. The Developer has agreed to complete those
improvements subject to an amendment to the Improvement Agreement whereby those
costs are reimbursed by the City. The resolution approving the amendment authorizes
the City Manager to approve a change order up to $150,000 to cover the cost of the
additional improvements. A budget increase of $170,000 from the Public Facility Fee
Fund is necessary for the City to cover the reimbursement to the Developer , design
costs for the irrigation system and storm drain system improvements, and consultant
costs for project close-out.
The Developer previously submitted an Offer of Dedication of Parcel D of Tract 8024 to
the City for public park purposes. Prior to the City accepting that parcel for pub lic park
purposes, the additional improvements set forth in the Amendment to the Improvement
Agreement for Jordan Ranch Parcel D (Neighborhood Park Site) shall be deemed
substantially complete by the City.
The City will be responsible for the maintenance of the improvements of Jordan Ranch
Neighborhood Park, during the one-year maintenance/warranty period.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
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ATTACHMENTS:
1. Resolution Approving Amendment to Park Improvement Agreement, Accepting the
Jordan Ranch Park Improvements, and Accepting the Offer of Dedication of Parcel D of
Tract 8024
2. Exhibit A to Resolution - Amendment to Park Improvement Agreement
3. Improvement Agreement for Jordan Ranch Neighborhood Park
4. Budget Change Form
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RESOLUTION NO. - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING THE AMENDMENT TO THE IMPROVEMENT AGREEMENT FOR JORDAN
RANCH PARCEL D (NEIGHBORHOOD PARK SITE), ACCEPTING THE JORDAN RANCH
PARK IMPROVEMENTS, AND ACCEPTING THE OFFER OF DEDICATION OF PARCEL D
OF TRACT 8024
WHEREAS, BJP-ROF Jordan Ranch, LLC, the Developer of Tract 8024, previously
entered into a Park Improvement Agreement for Jordan Ranch Parcel D (Neighborhood Park
Site), dated November 17, 2015, City Council Resolution No. 182-15, with the City of Dublin, to
complete improvements associated with the Jordan Ranch Neighborhood Park, Parcel D, Tract
8024, in accordance with plans on file with the City Engineer; and
WHEREAS, the Developer has agreed to construct certain additional improvements that
were not contemplated as part of the original Improvement Agreement and will be reimbursed
by the City; and
WHEREAS, the City has prepared an Amendment to the Park Improvement Agreement,
attached hereto as Exhibit A; and
WHEREAS, the Developer provided Faithful Performance and Labor and Materials
Bonds, each in the amount of $1,962,485.00 (Bond No. 0694142), issued by International
Fidelity Insurance Company to guarantee said Jordan Ranch Parcel D (Neighborhood Park
Site) Improvements; and
WHEREAS, the Jordan Ranch Parcel D (Neighborhood Park Site) Improvements are
now complete in accordance with said plans, and any approved modifications thereto, to the
satisfaction of the City Engineer; and
WHEREAS, the Faithful Performance Bond and Labor and Materials Bonds can be
released, in accordance with the authority contained in Section 66499.7 of the Government
Code of the State of California, and replaced with a Maintenance/Warranty Bond to guarantee
the completed work for a one-year period; and
WHEREAS, BJP-ROF Jordan Ranch, LLC, has provided a Maintenance/Warranty Bond
in the amount equal to twenty percent of the construct costs to guarantee the improvements for
a one-year period; and
WHEREAS, the Developer previously submitted an Offer of Dedication of Parcel D of
Tract 8024, to the City for public park purposes .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby:
1. Approves and accepts the Jordan Ranch Parcel D (Neighborhood Park Site)
Improvements, subject to a one-year guarantee period.
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2. Accepts the the submitted Maintenance Bond for the Jordan Ranch Parcel D
(Neighborhood Park Site) Improvements, as security for the aforesaid one-year
warranty period, said period to co mmence on this date and terminate on the 19th
day of December, 2018.
3. Releases the original Faithful Performance Bond issued by International Fidelity
Insurance Company (Bond No. 0694142) in the amount of $1,962,485.00 for the
Jordan Ranch Parcel D (Neighborhood Park Site) Improvements.
4. Releases the original Labor and Materials Bond issued by International Fidelity
Insurance Company (Bond No. 0694142) in the amount of $1,962,485.00 for the
Jordan Ranch Parcel D (Neighborhood Park Site) Improvements, in accordance
with the requirements of §66499.7 of the Government Code of the State of
California.
5. Approves the Amendment to the Improvement Agreement with BJP-ROF Jordan
Ranch, LLC.
6. Accept the offer of dedication of Parcel D of Tract 8024 for public park purp oses
upon completion of the construction of the certain improvements in the
Amendment to the Improvement Agreement for Jordan Ranch Parcel D
(Neighborhood Park Site).
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment to the Park Improvement Agreement and make any necessary changes that carry
out the intent of this Resolution.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute a change
order for the additional improvments described in the Amendment to th e Park Improvement
Agreement and is authorized to pay the Developer for the cost of the Additional Improvements
up to an amount, not to exceed, one hundred fifty thousand dollars ($150,000).
PASSED, APPROVED AND ADOPTED this 19th day of December, 2017, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
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_______________________________________
City Clerk
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AMENDMENT TO PARK IMPROVEMENT AGREEMENT FOR
JORDAN RANCH PARCEL D (NEIGHBORHOOD PARK SITE)
THIS AMENDMENT TO THE PARK IMPROVEMENT AGREEMENT (this
“Amendment”) is made and entered in the City of Dublin on this 19th day of December,
2017 by and between the City of Dublin, a Municipal Corporation (hereafter "City") and
BJP-ROF Jordan Ranch, LLC, a California Corporation (hereafter "Landowner”). City
and Landowner are hereinafter collectively referred to as the “Parties.”
WITNESSETH:
WHEREAS, City and Landowner are Parties to that certain “Improvement
Agreement for Jordan Ranch Parcel D (Neighborhood Park Site), dated November 17,
2015 (“Agreement”); and
WHEREAS, the City wishes to include Additional Improvements in Jordan Ranch
Neighborhood Park, which include: modification of a bio-retention basin; modification to
a drainage swale; and installation of an irrigation booster pump (“Additional
Improvements); and
WHEREAS, Landowner agrees to construct the Additional Improvements and the
City agrees to reimburse the Landowner for the actual costs incurred for the construction
of the Additional Improvements, up to the not to exceed amount of $150,000; and
WHEREAS, the Parties wish to amend the Agreement to include the Additional
Improvements and associated construction costs.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the Agreement is amended as follows:
1. Section 2. Construction Documents is rescinded in its entirety and replaced with
the following:
2. Construction Documents. The City has prepared construction plans and
specifications for the Improvements, dated August 27, 2015, and on file with the Public
Works Director. The construction plans and specifications are amended to include
Additional Improvements identified by the City, and to be constructed by the Landowner,
consisting of: (1) modification of a bio-retention basin; (2) modification of a drainage
swale; and (3) installation of an irrigation booster pump (the “Additional Improvements”).
2. Section 3. Completion Time, the first sentence is rescinded in its entirety and
replaced with the following:
3. Completion Time. Landowner will commence construction of the
Improvements and Additional Improvements by March 1, 2016, provided that the City
has provided the plans by January 15, 2016, and shall complete all Improvements no
later than February 1, 2018 except as extended by weather delays as allowed for in the
City’s standard specifications or unless the completion date is extended by the City
Council.
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3. Section 11. Estimated Cost of Improvements is rescinded in its entirety and
replaced with the following:
11. Estimated Cost of Improvements. The estimated cost of constructing the
Improvements required by this Agreement as adjusted for inflation is agreed to be for a
fixed limit in the amount of $1,965,000 as more fully set out in Exhibit “B” entitled
“Complete Project Cost Estimate – Jordan Ranch Neighborhood Park Improvements”
and incorporated herein.
The estimated cost to construct the Additional Improvements required by this
Agreement as adjusted for inflation is agreed to be for a fixed, not to exceed amount of
$150,000. Upon completion of the Additional Improvements, the Landowner shall
provide the City with an invoice for the actual cost of the Additional Improvements.
Within thirty (30) days of receipt of the invoice, the City shall pay the Landowner the
lessor of the actual costs of the Additional Improvements or $150,000.
4. Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
IN WITNESS WHEREOF, the City and Landowner have executed this Amendment, the
day and year first above written.
CITY OF DUBLIN
a Municipal Corporation
Dated: _________________ By: __________________________
Name: Christopher L. Foss
Title: City Manager
ATTEST:
By: ___________________________
Name: Caroline P. Soto, City Clerk
Approved as to form
By: __________________________
Name: John Bakker, City Attorney
DEVELOPER
BJP-ROF Jordan Ranch, LLC
a Delaware limited liability company
By: Fallon-Jordan, LLC
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a California limited liability company
its Managing Member
By: MVP Development California, LLC
a California limited liability company
its Managing Member
By: 2002 Radanovich Family Trust
its Managing Member
By:____________________
Name: Robert Radanovich
its: Trustee
IMPROVEMENT AGREEMENT FOR
JORDAN RANCH PARCEL D (NEIGHBORHOOD PARK SITE)
THIS IMPROVEMENT AGREEMENT (this "Agreement ") is made and entered in
the City of Dublin on this 17th day of November, 2015 by and between the City of Dublin,
a Municipal Corporation (hereafter "City ") and BJP -ROF Jordan Ranch, LLC, a California
Corporation (hereafter "Landowner "). City and Landowner are hereinafter collectively
referred to as the "Parties."
WITNESSETH:
WHEREAS, Landowner owned, and still owns portions, of certain real property
( "the Property ") consisting of approximately 187.9 -acres of land generally northeast of
the intersection Fallon Road and Central Parkway, on which it is pursuing a development
project ( "the Project "); and
WHEREAS, in pursuit of the Project, Landowner and City entered into a
Development Agreement with the City, dated June 22, 2010, recorded on July 27, 2010
as Instrument No. 2010206466 of the Official Records of Alameda County
( "Development Agreement "); and
WHEREAS, Landowner filed Tract Map 8024 in 2011, which reserved a 4.99
acre park site, and indicated that it would be conveyed to the City of Dublin by
subsequent instrument; and
WHEREAS, Landowner recently sought, and the City approved, certain changes
to the project entitlements, including an amendment to the Development Agreement,
which among other things, obligates Landowner to improve the 4.99 -acre Neighborhood
Park at the Developer's cost, with a portion of the costs of the improvements being a
credit against the City's Neighborhood Park Improvement component of the Public
Facilities Fee Program; and
WHEREAS, Landowner agrees to satisfactorily complete the improvements
within the time hereafter specified, and the City intends to accept Landowner's offer of
dedication of the land and improvements in consideration for Landowner's satisfactory
performance of the terms and conditions of this Agreement; and
WHEREAS, except as otherwise defined herein, all capitalized terms used but
not defined in this Agreement shall correspond to the defined terms in the Development
Agreement.
NOW, THEREFORE, City and Landowner agree as follows:
1. Land Dedication. The Landowner, concurrently with the execution of
this Agreement, has delivered an offer of dedication to the City the acceptance of which
would convey to the City the approximately 4.99 -acre neighborhood park parcel
(designated Parcel "D" on the final map for Tract 8024) (the "Neighborhood Park "). The
City will accept the dedication upon its acceptance of the Improvements pursuant to
Section 4.
2. Construction Documents. The City has prepared construction plans and
specifications for the Improvements, dated August 27, 2015, and on file with the Parks
and Community Services Director.
3. Completion Time. Landowner will commence construction of the
Improvements by March 1, 2016, provided that the City has provided the plans by
January 15, 2016, and shall complete all Improvements no later than March 1, 2017
except as extended by weather delays as allowed for in the City's standard
specifications or unless the completion date is extended by the City Council. Developer
shall maintain the improvements for three months following substantial completion. Time
is of the essence in this Agreement. Upon completion, Landowner shall furnish City with
a complete and reproducible set of final as -built plans and AutoCAD copies of the
Construction Documents for the Improvements, including any City authorized
modifications.
4. Acceptance of Work. Upon notice of completion of all Improvements and
delivery of a set of final as -built plans copies of Construction Documents to City by
Landowner, the City shall examine the Improvements without delay. If the
Improvements are found to be in accordance with said plans and specifications and this
Agreement, City shall recommend acceptance of the work to the City Council, and, upon
such acceptance, shall notify Landowner or its designated agents of such acceptance.
City shall only accept the Improvements at 100% completion.
5. Bid Documents. Landowner shall prepare the bid documents for the
Neighborhood Park. The City shall review and approve the bid documents prior to the
issuance of a notice of, and invitation to, bid by Landowner. Bids shall be lump sum with
an itemized unit summary to be used for additions and deletions only. The City shall be
permitted to review the bids received by Landowner and provide comments on them
prior to Landowner's selection of the most appropriate bid. All bids shall include
prevailing wage rates. The City shall have ten (10) working days to review the bids and,
in the event the City concludes the bids are unacceptably high and not to budget, to
notify Landowner of required modifications to the Improvements or the need to solicit
additional bids. The City shall provide Landowner with an opportunity to review and
comment on any proposal by the City to modify the Improvements and shall give such
comments fair consideration.
6. Inspection of the Work. Landowner shall guarantee free access to City
through the City Manager's 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 Landowner and replaced to the satisfaction of City without any expense to
City in strict accordance with the improvement plans and specifications. The City
representative will also attend all project progress meetings during the course of
construction. Landowner shall submit any plan changes before and during construction
to the City Manager's designated representative for approval. Construction shall not
begin on any plan changes unless they are approved pursuant to Section 7 of this
Agreement.
7. Change Orders. Landowner shall submit a written request for approval of
any change orders to the City at least 15 working days prior to proceeding with any
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change order. Landowner shall not issue any change orders on such construction
contract without first obtaining City's written consent. Landowner acknowledges the
failure to obtain such written consent from the City will result in Landowner's sole
responsibility to pay for such change orders without reimbursement or credit from the
City. Any change in design in the Improvements must have City's pre - approval.
8. Other Costs. City and Landowner acknowledge that City and Landowner
incur various costs during park development beyond construction document preparation
and improvement construction. Such costs include but are not limited to consultant
construction assistance (environmental, inspection, engineering), storm water pollution
prevention, utility bills (electric, water), City inspections, permits and fees, design /drafting
fees, fencing, maintenance and miscellaneous costs such as photocopying and printing.
Landowner shall not enter into contracts for such costs or otherwise procure such
services without obtaining City consent. Landowner will provide City with copies of any
contracts and detailed descriptions of scope of work to be performed. Landowner
acknowledges failure to obtain such written consent from the City will result in
Landowner's sole responsibility to pay for such other costs without reimbursement or
credit from the City.
9. Payments. Landowner shall be responsible for all payments associated
with the Improvements. This includes but is not limited to, contractors work, electric and
water bills, storm water pollution prevention, consultant construction assistance, City
inspections, permits and fees. Landowner shall provide to City a monthly accounting
summary outlining project costs to date. Landowner will include copies of invoices paid.
Landowner will provide copies of cancelled checks if requested by City.
10. 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, Landowner guarantees all work executed
by Landowner and /or Landowner'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 year after final acceptance of the entire
work by City. All manufactured products specified for the site shall have extended
warranties as available from the companies that supply the products. All such warranties
shall be transferred to the City prior to final acceptance of the Improvements. These
warranties shall cover both the replacement of parts and the labor necessary to have the
equipment in proper working order. These products include, but are not limited to: play
equipment, site furnishings and mechanical equipment. Landowner 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. Landowner further covenants and agrees that
when defects in design, workmanship and materials actually appear during the
applicable guarantee period, and have been corrected, the guarantee period for such
corrected items shall automatically be extended for an additional year to insure that such
defects have actually been corrected. In the event the Landowner shall fail to comply
with the conditions of the foregoing guarantee within ten (10) 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 Landowner shall pay to City on demand all
costs and expense of such repair. Notwithstanding anything herein to the contrary, in
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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 Landowner 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 as
provided herein, Landowner 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.
11. Estimated Cost of Improvements. The estimated cost of constructing the
Improvements required by this Agreement as adjusted for inflation is agreed to be for a
fixed limit in the amount of $1,965,000 as more fully set out in Exhibit "B" entitled
"Complete Project Cost Estimate — Jordan Ranch Neighborhood Park Improvements"
and incorporated herein.
12. Bonds Furnished. Concurrently with the execution of this Agreement,
Landowner shall furnish City with the following security in a form satisfactory to the City
Attorney. Landowner shall increase or decrease the amount of the security if project
costs increase or decrease pursuant to section 11.
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
percent (100 %) of the estimate set forth in Section 11 and sufficient to assure City that
the Park 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
percent (100 %) of the estimate set forth in Section 11 and sufficient to assure City that
Landowner's contractors, subcontractors, and other persons furnishing labor, materials,
or equipment shall be paid therefore.
C. City shall be the sole indemnitee named on any instrument
required by this Agreement. Any instrument or deposit required herein and the release
thereof shall conform with the provisions of Chapter 5 of the Subdivision Map Act.
13. Fee Credit For Park Improvement. In consideration for the Improvements
to be constructed by Landowner, City shall, upon Landowner's posting the security
required by Section 12, grant Landowner Public Facilities Fee credits as set forth in the
Development Agreement.
14. No Credit for Excess Costs. Costs are not subject to reimbursement by
City to Landowner to the extent that actual construction, design, and related costs, as
approved by City, total more than the above fee credit.
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15. Obligations Arising from Agreement. Neither the General Fund nor any
other fund or monies of City shall be utilized for payment of any obligations arising from
this Agreement. Neither the credit nor the taxing power of City is pledged for the
payment of any obligations arising from the Agreement. Landowner's obligations arising
from this Agreement are not a debt of City, or a legal or equitable pledge, charge, lien or
encumbrance upon any of its property, or upon any of its income, receipts or revenues.
16. Liability.
a. Landowner Primarily Liable. Landowner 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. Landowner
agrees to indemnify, defend with counsel acceptable to City, and hold harmless CITY, its
officers, officials, employees, agents, and volunteers, from and against any and all loss,
claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and
description, (collectively "Liability ") directly or indirectly arising from an act or omission of
Landowner, its employees, agents, or independent contractors in connection with
Landowner's actions and obligations hereunder, except such Liabilities caused by the
sole negligence or willful misconduct of the City; provided as follows:
1) That City does not, and shall not, waive any rights against
Landowner 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 19 hereof.
2) That the aforesaid hold harmless agreement by
Landowner 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.
b. Desiqn Defect. If, in the opinion of the City, a design defect in the
work of improvement becomes apparent during the course of construction, or within one
(1) year (except for those manufactured products where extended warranties have been
provided, in which case the extended warranty period shall apply) 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.
C. 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 Landowner's surety
on the bonds provided under paragraph 12.
d. Third Party Claims. With respect to third party claims against the
Developer, the Developer waives any and all rights of any type to express or implied
indemnity against the City.
17. Insurance Required. Concurrently with the execution hereof, Landowner
shall obtain or cause to be obtained and filed with the City, all insurance required under
this paragraph, and such insurance shall have been approved by the Risk Manager of
City, or his designee, as to form, amount and carrier. Prior to the commencement of
work under this Agreement, Landowner's general contractor shall obtain or cause to be
obtained and filed with the Risk Manager, all insurance required under this paragraph,
and such insurance shall have been approved by the Risk Manager of City, as to form,
amount and carrier. Landowner shall not allow any contractor or subcontractor to
commence work on this contract or subcontract until all insurance required for
Landowner and Landowner'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. Landowner 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
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the City, Landowner shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions.
endorsed to contain, the following provisions:
The policies are to contain, or be
1) General Liability and Automobile Liability Coverages.
a) The City, its officers, agents, officials, employees and
volunteers shall be named as additional insureds in respect to: liability arising out of
activities performed by or on behalf of the Landowner; products and completed
operations of the Landowner; premises owned, occupied or used by the Landowner; or
automobiles owned, leased, hired or borrowed by the Landowner.
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 Landowner's insurance coverage shall be
primary insurance in respect to 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 Landowner'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 Landowner'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
Landowner 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 A.M. Bests' rating of no less than A:VII.
b) Verification of Coverage. Landowner 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.
7
C) Subcontractors. Landowner and /or Landowner'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.
18. Assignment of Agreement. This Agreement shall not be assigned by
Landowner without the written consent of City, which shall not be unreasonably withheld.
19. Landowner Not an Agent. Neither Landowner nor any of Landowner's
agents or contractors are or shall be considered to be agents of City in connection with
the performance of Landowner's obligations under this Agreement.
20. Abandonment of Work. If Landowner 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 Landowner should be adjudged as
bankrupt, or should make a general assignment for the benefit of Landowner's creditors,
or if a receiver should be appointed, or if Landowner, or any of Landowner's contractors,
subcontractors, agents or employees should violate any of the provisions of this
Agreement, the City through its Public Works Director may serve written notice on
Landowner and Landowner's surety or holder of other security of breach of this
Agreement, or of any portion, thereof, and default of Landowner.
In the event of any such notice of breach of this Agreement, Landowner'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 Landowner and Landowner'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 Landowner as may be on the site of the work and necessary
therefor.
21. Notices. 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:
City Manager
City of Dublin
100 Civic Plaza
Dublin, California 94568
Notices required to be given to Landowner shall be addressed as follows:
Robert Radanovich
L;1
BJP -ROF Jordan Ranch, LLC
5000 Hopyard Road, Suite 170
Pleasanton, CA 94588
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.
Concurrently with the execution of this Agreement, Landowner has executed,
and has caused to be acknowledged, an abstract of this Agreement. Landowner agrees
that City may record said abstract in the official records of Alameda County.
22. Use of Improvements. At all times prior to the final acceptance of the work
by City, the use of any or all Improvements within the work to be performed under this
Agreement shall be at the sole and exclusive risk of Landowner.
23. Safety Devices. Landowner 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. Landowner 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 Landowner, and the entire site left clean and orderly.
24. Attorneys' Fees and Venue. In any action to enforce the provisions of this
Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. Any
action arising out of this Agreement shall be brought in Alameda County, California
regardless of where else venue may lie.
25. Recitals. The foregoing Recitals are true and correct and are made a part
hereof.
26. Severability. If a court of competent jurisdiction finds or rules that any
provision of this Agreement is invalid, void, or unenforceable, the provisions of this
Agreement not so adjudged shall remain in full force and effect. The invalidity in whole
or in part of any provision of this Agreement shall not void or affect the validity of any
other provision of this Agreement.
27. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be an original and all of which together shall constitute one
agreement.
IN WITNESS WHEREOF, the City and Landowner have executed this Agreement, the
day and year first above written.
CITY OF DUBLIN
a Municipal Corporation
Dated: �' By:
Na Christopher L. Foss
E
ATTEST:
By:
Name: Caroline P. Soto, City Clerk
Approved as to form
By: �-
Name: J6n Bakker, City Attorney --..
DEVELOPER
BJP -ROF Jordan Ranch, LLC
a Delaware limited liability company
By: Fallon- Jordan, LLC
a California limited liability company
its Managing Member
By: MVP Development California, LLC
a California limited liability company
its Managing Member
By: 2002 Radanovich Family Trust
its Managing Member
By: of L�
Name: Robert Radanovich
its: Trustee
2550899.2
10
Title: City Manager
EXHIBIT B
JORDAN RANCH NEIGHBORHOOD PARK
Acct #
BUDGET BREAKDOWN
Budget
COD
Costs
Developer
Costs
9100
SALARIES & BENEFITS
Project Management
9100.9101
Project Coordinator
$131,505.00
$131,505.00
$131,505.00
Subtotal
1 $131,505.00
$131,505.00
$0.00
$131,505.00
9200
ICONTRACT SERVICES
9200.9202
_
1GSM Landscape Architects
$160,435.00
_
$160,435.00
$160,435.00
9200.9205
Inspections
$4,325.00
$4,325.00
$4,325.00
9200.9206
Testing (Paul Lai
$37,839.00
$37,839.00
$37,839.00
9200.9210
Inspection - Building Contract Services
_
$10,000.00
$10,000.00
$10,000.00_
Subtotal
$212,599.00
$212,599.00
$0.00
$212,599.00
9500
MISCELLANEOUS
9500.9502
Process /Filing Fees
$29,269.91
$29,269.91
$29,269.91
9500.9502
DSRSD Plan Review Fees
$11,890.00
$11,890.00
$11,890.00
9500.9502
DSRSD Plan Inspection Fees
$7,795.00
$7,795.00
$7,795.00
9500.9502
DSRSD Potable Water Meter 5/8"
$12,407.00
$12,407.00
$12,407.00
9500.9502
IDSRSD Recycled Water Meter 2 ")
$198,512.00
$198,512.00
$198,512.00
9500.9502
DSRSD Wastewater
$16,928.09
$16,928.09
$16,928.09
9500.9502
DSRSD Water Meter Assembly Fees
$2,227.00
$2,227.00
$2,227.00
9500.9502
DSRSD Irrigation System License Fees
$1,090.00
$1,090.00
$1,090.00
9500.9502
ZONE 7 Potable Water Meter 5/8"
$24,030.00
$24,030.00
$24,030.00
9500.9502
ZONE 7 Impervious Surface Fee
$21,000.00
$21,000.00
$21,000.00
9500.9502
SWPPP included in construction
$0.00
9500.9502
PG &E Service
$2,982.00
$2,982.00
$2,982.00
9500.9503
Printing & Binding
$2,500.00
$2,500.00
$2,500.00
9500.9504
Legal Notices
$1,232.00
$1,232.00
$1,232.00
9500.9505
Postage
$500.00
$500.00
$500.00
Subtotal
$332,363.00
329,863.00
2,500.00
332,363.00
9400 JIMPROVEMENTS
9400.9401 !Construction
Contract
$1,962,485.00
$1,962,485.00
$1,962,485.00
9400.9401 !Construction
Contingency (10 %)
$0.00
$0.00
Construction Cost Total
$1,962,485.00
$0.00
$1,962,485.00
$1,962,485.00
$O.OQ
PROJECT TOTALS.
2,638,952.00
673,9fi7.00
1,964,985.0fl
2,638,952.00
Jordan Ranch Neighborhood Park
EXHIBIT B Improvement Agreement
O�wwwwwwwawaawwe�„•
° TOP/
+, GRADE_
+°
4
A GOODFELLOW BROS. COMPANY
E$TA .Lis".. Inxl - - ---
May 28, 2015
Mr. Kevin Fryer
Mission Valley Properties
Pleasanton, CA
Re: Jordan Ranch Community Park, Dublin
Goodfellow Top Grade Construction (GTGC) is pleased to provide the following proposal for work at the above
referenced project. The bid is based on an unapproved plans prepared by GSM Landscape Architects (sheets CS -E7.1,
dated 04/15/2015). A geotechnical report was not available for review.
- -Lump Sum = $1,962,485.00 (See Attached Breakdown)
SCOPE OF WORK
Clearing /Demolition
• Sawcut, remove and dispose of AC pavement and concrete.
• Disc site prior to grading, moisture condition, and recompact.
Rough Grade
• GPS site to verify existing grades prior to start of construction.
o Rough grade site.
® Export material to balance site.
4 Grade building pad within .1 of pad grade.
Building Pad — 4" AB / 2" Sand
• Furnish and install 4" AB prior to footings or plumbing installation.
Subcontractors
• Underground — Sanitary Sewer, Storm Drain, & Water (testing included).
• Irrigation & Planting (including 90 -day maintenance).
• Site Concrete
• Site Electric
r Playground Installation
• Handrail & Site Amenities
• Prefabricated Restroom Building — Public Restroom Building
Fine Grade
o Grade for curb band, flatwork, and driveways.
• Grade for AC pavement.
• Perforated subdrains w /catch basin tie -ins.
a Grade landscape areas.
50 Contractors St. Livermore, CA 94551 (925) 449 -5764 Fax (925) 449 -5875 Contractor's License No. 977506
www.topgradeconstruction.com
May 28, 2015
Page 2 of 2
0 Grade for bio- swales.
AB Cushion
e Place AB flatwork, rubber surface, and driveways.
Pavement
0 2 W AC over 12" AB at Basketball Ct.
e 3" AC over 8" AB at (n) driveway
EXCLUSIONS
1. All bonds, fees, permits, and testing.
2. Testing, removal, relocation and handling of contaminated, hazardous or buried materials.
3. Dust control when our crews are not physically working on the site, such as after working hours and weekends.
4. Stripping site.
5. Import of topsoil at landscape areas.
6. Vapor barrier at building pads.
7. Soil sterilization, prime coat, fog seal, and seal coat.
8. Adjusting or patching of new or existing utility iron and trenches.
9. Repairs to existing pavement and streets due to construction traffic.
10. Water meters.
11. Subgrade stabilization, such as lime treatment, fabric and over - excavation of "soft" or unstable areas.
12. Participation in any OCIP or Wrap -up Insurance programs.
CLARIFICATIONS
1. GTGC requires 48 hours' notice prior to starting any work in order to notify Underground Service Alert (USA).
All privately owned utilities will need to be located by others.
2. One move -in per phase with clear, unobstructed and continuous access. Phasing will result in additional costs.
3. Working 5 x 8 hour days. Any overtime requested will result in additional costs.
4. Discing the site and placing the disced material in the fill areas.
5. GTGC uses construction equipment and is not responsible for damage due to vibrations or any other reason.
6. Material that cannot be efficiently ripped with standard earthmoving equipment will be "time and material ".
7. Based on construction water being available from an onsite fire hydrant. Excludes special requirements and
provisions for water rationing, such as inflated water rates and non - potable water from sewer plants.
8. AC is based on the current liquid asphalt price, and will need to be adjusted if liquid asphalt increases.
9. If this proposal is accepted, we will participate in constructing an agreeable schedule.
10. Release of retention to be within 30 days of completion of our work. This applies even if the work has not
been accepted by the governing agency, if such delay is no fault of GTGC.
11. Extra work will be done at cost plus 20 %.
12. This proposal shall be made a part of any subsequent contract.
Sincerely,
Goodfellow Top Grade Construction
2yaw Caro
Ryan Carone
Estimator
925 - 525 -0139
50 Contractors Street Livermore, CA 94551 (925) 449 -5764 Fax (925) 449 -5875 CA License 977506
www.topgradeconstruction.com
05/28/2015 9:46
RC 15123 Jordan Ranch Community Park
* ** Ryan Carone BID TOTALS
Biditem
Description
Quantity
Units
Unit Price
Bid Total
10
MOBILIZATION
1.000
LS
72,500.00
72,500.00
15
TEMP FENCE
1.000
LS
6,500.00
6,500.00
20
SURVEY
1.000
LS
20,000.00
20,000.00
30
SWPPP (QSP SERVICES & MAINTANCE)
1.000
LS
70,000.00
70,000.00
32
EROSION CONTROL BLANKET
14,300.000
SF
0.90
12,870.00
34
CONTRUCTION ENTRANCE
1.000
EA
3,200.00
3,200.00
36
INLET PROTECTION (incl. removal)
34.000
EA
375.00
12,750.00
38
STRAW WADDLES (incl. removal)
3,500.000
LF
5.80
20,300.00
39
TEMP HYDROSEED
1.000
SF
9,000.00
9,000.00
40
DEMO
1.000
LS
18,500.00
18,500.00
50
CLEAR & GRUB
4.700
AC
1,800.00
8,460.00
60
ROUGH GRADE
1.000
LS
30,000.00
30,000.00
65
OFF HAUL MATERIAL IN EXCESS
2,000.000
CY
6.75
13,500.00
70
SS - 4" SDR 35
209.000
LF
32.00
6,688.00
80
SS - CLEAN OUT
3.000
EA
455.00
1,365.00
90
SS - MANHOLE
2.000
EA
12,000.00
24,000.00
100
SD - 6" SOLID PVC
32.000
LF
19.50
624.00
110
SD - CLEAN OUT
1.000
EA
430.00
430.00
120
SD - 8" SOLID PVC
542.000
LF
25.00
13,550.00
130
SD - 12" SOLID PVC
202.000
LF
42.00
8,484.00
140
SD - 15" SOLID PVC
145.000
LF
68.00
9,860.00
150
SD - CATCH BASIN
22.000
EA
1,800.00
39,600.00
160
RIP RAP OUTFALL
2.000
EA
1,750.00
3,500.00
170
POTABLE WATER METER & BACKFLOW (meter
1.000
EA
8,750.00
8,750.00
180
RECYCLED WATER METER & BACKFLOW (mete
1.000
EA
5,000.00
5,000.00
190
WATER - 1" BLDG SERVICE
236.000
LF
51.00
12,036.00
200
ELECTRICAL
1.000
LS
121,600.00
121,600.00
220
FINE GRADE
223,610.000
SF
0.40
89,444.00
)-25
6" AB - CONC. FLATWORK
13,190.000
SF
2.15
28,358.50
230
VEHICULAR CONCRETE PAVEMENT
7,340.000
SF
12.50
91,750.00
Z40
PEDESTRIAN CONCRETE PAVEMENT
5,396.000
SF
11.50
62,054.00
250
COLORED CONCRETE PAVEMENT
400.000
SF
17.50
7,000.00
?60
CONCRETE MOW BAND
1,690.000
LF
16.50
27,885.00
Z70
CONCRETE HEADER AT BASKETBALL CT
300.000
LF
21.50
6,450.00
280
CONCRETE CURB AT PLAY AREA
120.000
LF
29.00
3,480.00
> -90
CONCRETE RETAINING CURB
20.000
LF
70.00
1,400.00
300
CONCRETE DRIVEWAY
1.000
EA
1,375.00
1,375.00
910
CONCRETE SEAT WALL
70.000
LF
190.00
13,300.00
920
CONCRETE STAIRS
1.000
LS
2,525.00
2,525.00
922
HANDRAIL FOR STAIRS
1.000
LS
1,875.00
1,875.00
925
CONCRETE CURB RAMP
1.000
LS
975.00
975.00
930
CONCRETE PARK SIGN ENTRY
1.000
LS
27,000.00
27,000.00
140
REMOVABLE BOLLARDS
6.000
EA
1,200.00
7,200.00
150
VOLLEYBALL POSTS & NET - COMPLETE IN PL
1.000
LS
3,400.00
3,400.00
55
BASKETBALL COURT (2.5" AC / 12" AB)
5,640.000
SF
7.50
42,300.00
60
BASKETBALL HOOPS - COMPLETE IN PLACE
2.000
EA
4,445.00
8,890.00
62
BASKETBALL COURT STRIPING
1.000
LS
2,800.00
2,800.00
;65
AC DRIVEWAY (3" AC / 8" AB)
350.000
SF
7.00
2,450.00
70
BIOSWALE
1,540.000
SF
10.50
16,170.00
�80
6" PERF PIPE (incl. CO & overflow system)
455.000
LF
26.50
12,057.50
;85
CRUSH GRAVEL PAVING (2" FINES /3.5" GRAVE
2,570.000
SF
4.20
10,794.00
190
RESIL RUBBER SURFACE (incl. 4" cone. / 4" AB)
5,200.000
SF
28.00
145,600.00
00
PLAYGROUND EQUIPMENT (MATERIALS ON H
1.000
LS
155,500.00
155,500.00
05/28/2015 9:46
RC 15123 Jordan Ranch Community Park
* ** Ryan Cat-one BID TOTALS
Biditem Description Quantit Units Unit Price Bid Total
410
PLAYGROUND EQUIPMENT (INSTALL)
1.000
LS
25,800.00
25,800.00
420
SHADE STRUCTURE (INSTALL)
1.000
LS
8,000.00
8,000.00
430
RESTROOM BUILDING (COMPLETE IN- PLACE)
1.000
LS
151,000.00
151,000.00
435
QUARRY TILE FLOOR IN BLDG (CITY OPTION)
1.000
LS
5,360.00
5,360.00
440
IRRIGATION
1.000
LS
241,000.00
241,000.00
445
RW HEADER BOARD
120.000
LF
22.50
2,700.00
450
PLANTING
1.000
LS
106,500.00
106,500.00
460
90 DAY MAINTENANCE
1.000
LS
29,000.00
29,000.00
470
ACCESSIBLE PICNIC TABLE
2.000
EA
3,800.00
7,600.00
480
PICNIC TABLE
5.000
EA
3,850.00
19,250.00
490
SERVING TABLE
2.000
EA
2,650.00
5,300.00
500
BBQ
2.000
EA
1,400.00
2,800.00
510
BIKE RACK
4.000
EA
600.00
2,400.00
520
BENCH w/ BACK
1.000
EA
2,125.00
2,125.00
530
BENCH w/o BACK
6.000
EA
2,025.00
12,150.00
540
TRASH /RECYCLING RECEPTACLES
4.000
EA
3,950.00
15,800.00
550
DOG WASTE DISPENSER
1.000
EA
600.00
600.00
Bid Total = = = = = = = =>
$1,962,485.00
7
Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
Account Amount Account Amount
pk0514.9400.9401 - Improvements - Not Bldg $150,000
pk0514.9200.9202 - Design $11,000
pk0514.9200.9204 - Construction Admin $9,000
3500.9501.49999 (Transfers In)$170,000
pk0105.4104 (4104.9501.89101) - PFF - Neighborhood Park Improve - Transfers Out $170,000
12/19/2017
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
Additional design service and improvements that are not park of the original park design
REASON FOR BUDGET CHANGE
FISCAL YEAR 2017-18
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
City Council's Approval Required
EXP: Jordan Ranch Neighborhood Park
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