HomeMy WebLinkAbout4.2 - 2388 Notice of City Engineer’s Receipt of Final
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: February 5, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Notice of City Engineer’s Receipt of Final Map for Review for Tract 8371
and Pending Decision on Improvement Agreement Amendments for
Tracts 8307 and 8308
Prepared by: Laurie Sucgang, Assistant Public Works Director/City Engineer
EXECUTIVE SUMMARY:
The City Council will receive a notification of the City Engineer’s receipt of the Final Map
for review for Tract 8371, Boulevard Development, and pending approval of the
Improvement Agreement Amendments for Tracts 8307 and 8308, Boulevard
Development.
STAFF RECOMMENDATION:
Receive the notification.
FINANCIAL IMPACT:
There is no impact on the General Fund.
DESCRIPTION:
The Boulevard Development (formerly Dublin Crossing) is located along Dublin
Boulevard, between Scarlett Drive and Arnold Road. The development is being
subdivided into several neighborhoods. The developer has prepared the Tract 8 371
Final Map for Neighborhood 20 and has submitted it for review by Staff. In accordance
with Chapter 9.24.080 of the City of Dublin Municipal Code, this is notice of the
following:
☒ City Engineer’s receipt of the following Final Map(s) for review:
Tract Location Developer Number of
Units/Lots
Type
8371 Boulevard,
Neighborhood 20
Dublin
Crossing, LLC
75 Lots Single Family
Residence
Page 2 of 2
Brookfield Wilshire LLC and the City previously entered into an Improvement
Agreement for Tract 8307 - Wilshire at Boulevard, Dublin Crossing Phase 1A, dated
December 21, 2016. Brookfield Wilshire LLC has executed a First Amendment to the
Improvement Agreement extending the completion time by 18 months, for a new
completion date of June 21, 2020. Staff has reviewed the request for an extension
submitted by Brookfield Wilshire LLC and recommends that the City Engineer approve
the First Amendment to the Improvement Agreement.
Brookfield Bay Area Holdings LLC and the City previously entered into an Improvement
Agreement for Tract 8308 - Huntington at Boulevard, Dublin Crossing Phase 1A, dated
December 21, 2016. Brookfield Bay Area Holdings LLC has executed a First
Amendment to the Improvement Agreement extending the completion time by 18
months, for a new completion date of June 21, 2020. Staff has reviewed the request for
an extension submitted by Brookfield Bay Area Holdings LLC and recommends that the
City Engineer approve the First Amendment to the Improvement Agreement.
In accordance with Chapters 9.24.070.B and 9.24.080 of the City of Dublin Municipal
Code, this is notice of the City Engineer’s pending approval of the following:
Tract Location Developer Type Amendment
8307 Boulevard, Dublin
Crossing Phase
1A, Neighborhood
3
Brookfield
Wilshire LLC
Amendment
No. 1
Extension of
Time Period
8308 Boulevard, Dublin
Crossing Phase
1A, Neighborhood
4
Brookfield Bay
Area Holdings
LLC
Amendment
No. 1
Extension of
Time Period
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. First Amendment to Improvement Agreement for Tract 8307
2. Improvement Agreement for Tract 8307
3. First Amendment to Improvement Agreement for Tract 8308
4. Improvement Agreement for Tract 8308
FIRST AMENDMENT TO CITY OF DUBLIN TRACT
IMPROVEMENT AGREEMENT
(TRACT 8307)
This First Amendment is made and entered into this day of 2019,
by and between the City of Dublin, a municipal corporation, hereinafter referred to as
"CITY," and Brookfield Wilshire LLC, hereinafter referred to as "DEVELOPER."
RECITALS
1. - CITY and DEVELOPER are parties to that certain Improvement
Agreement, Tract 8307 for the Wilshire at Boulevard, Dublin CrossingPhase I
Project, dated December 21, 2016 ("the Agreement").
2. The Agreement requires DEVELOPER to complete certain
Improvements as defined in the Agreement prior to December 21, 2018.
3. DEVELOPER has requested that it be given additional time to
commence and complete the construction of the Improvements, and CITY is willing
to grant the request.
AMENDMENT
NOW, THEREFORE, in consideration of the mutual promises, conditions, and
covenants herein contained, the parties agree as follows:
Section 1. Section 1 of the Agreement is amended to read as follows:
"1. Comoletion Time.
Time is of the essence in this Agreement. DEVELOPER shall complete
the Improvements no later than June 21, 2020. Upon completion,
DEVELOPER shall furnish CITY with a complete and reproducible set
of final Record Drawings of the Improvements, including any
modifications made during construction."
Section 2. All requisite insurance policies to be maintained by the
DEVELOPER pursuant to the Agreement, as may have been amended from time to
time, shall include coverage for the amended term, as described above.
Section 3. The individuals executing this First Amendment and the instruments
referenced in it on behalf of DEVELOPER each represent and warrant that they have
the legal power, right and actual authority to bind DEVELOPER to the terms and
conditions of this First Amendment.
-1—
Section 4. All other provisions of the Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
be executed as of the date and year first above written.
CITY OF DUBLIN
Andrew C. Russell,
City Engineer
29371,12.1
201800071s
BROOKFIELD WILSHIRE LLC
a Delaware limited liability company
Bv:
Jost ,,Roden
Au(horized Representative
VA
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
Tract 8307 - Wilshire at Boulevard
Dublin Crossing Phase 1A
This agreement is made and entered into thisday of ��Lf6'//�� 2016
(hereinafter this "Agreement'j, by and between the City of Dublin, a municipal corporation,
hereinafter referred to as "CITY', and Brookfield Wilshire LLC, a Delaware limited liability
company, hereinafter referred to as "DEVELOPER".
RECITALS
WHEREAS, it has been determined by the CITY, that DEVELOPER, the subdivider of
Tract 8307 -Wilshire at Boulevard, also known as Dublin Crossing Phase 1A Neighborhood
3, (the "Subdivision"), desires to construct improvements (hereafter "The Improvements") in
accordance with the requirements and conditions set forth in the City of Dublin Planning
Commission Resolution No. 16-11 (PLPA-2015-00062), adopted on June 14, 2016, the
requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance
of the CITY, and those certain plan and specifications for said development approved by the
City Engineer (the "Plans and Specifications"), as follows:
• "Improvement Plans,. Tract 8307 V�Ishire at Boulevard" (27 Sheets, Sheets C0.0-
C8.1), prepared by Ruggeri -Jensen -Azar, dated 10/20/2016, approved on 10/25/2016,
• "Joint Trench Plans — Brookfield Residential Wilshire at Boulevard Tract 8307 — NHBD
3" (2 Sheets JT1.1-JT1.2), prepared by Giacalone Design Services, Inc., dated
approved
• shire at Boulevard Neighborhood 3 — Private Street Lighting" (3 Sheets, Sheets
SL1-SL3), prepared by Giacalone Design Services, Inc., dated 10/6/2016, approved
10/2512016,
• "On -Site Landscape Plans —Boulevard Neighborhood 3 -Wilshire" (19 sheets, Sheet
L0.1- L5.2)3prepared by Gates &Associates, dated 10/24/2016I approved 10/25/2016
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 pertormed under this Agreement as
though set forth at length herein; and
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offers) 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 Improvements are a public works subject
to Califomia prevailing wage requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1. Completion Time.
DEVELOPER will commence construction of The Improvements within thirty (30) days
following the date on which CITY executes this agreement. DEVELOPER shall complete the
construction of The Improvements not later than two (2) years following said date of
execution of this agreement, unless the completion date is extended by the City. Time is of
the essence in this Agreement.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement is
agreed to be $2,060,160.00 and is based on the Bond Estimates — Wilshire at Boulevard
(N3) dated 10/3/16 , prepared by Ruggeri -Jensen -Azar, Landscape Bond Esimate, dated
10/312016, prepared by Giacalone Design Services, Inc., attached to this agreement as
Exhibit "A", (collectively, the "Bond Estimates"). Said amount includes estimated costs and
reasonable expenses and fees which may be incurred in enforcing the obligation secured by
the bonds summarized in the Bond Estimates,
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the Following security in a form satisfactory to the City Attorney:
A. Faithful Perormance. 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 Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfactorily completed (the "Faithful Performance Bond')
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 Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall
be paid therefor (the "Labor and Materials Bond'),
C. Warranty. Prior to acceptance of The Improvements as complete by the City
Engineer, DEVELOPER, shall furnish CITY with 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 twenty per cent (20%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfactorily completed from the date on which the City Engineer accepts the work as
complete until one year thereafter (collectively, the "Warranty Bond').
i•7
CITY shall be the sole indemnitee named on any instrument required by this
Agreement. Any instrument or deposit required herein shall conform to the provisions of
Chapter 5 of the Subdivision Map Act,
4. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or
cause to be obtained and filed with the CITY, certificates and endorsements of insurance
evidencing the insurance required under this Paragraph. Prior to the commencement of the
construction of The Improvements, DEVELOPER's general contractor shall obtain or cause to
be obtained and filed with the Administrative Services Director, certificates and endorsements
of insurance evidencing the insurance required under this Paragraph. DEVELOPER shall not
allow any contractor or subcontractor to commence the construction of The Improvements
under a contract or subcontract until all certificates and endorsements of insurance required
from DEVELOPER and DEVELOPER's general contractor have been filed and approved by
City. Said insurance shall be maintained in full force and effect until the completion of The
Improvements and the final acceptance thereof by CITY. All requirements herein provided
shall be evidenced by the certificates and endorsements of insurance provided by
DEVELOPER and DEVELOPER's general contractor and shall specifically bind the insurance
carrier.
A. Minimum Scopebf 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.
4) Minimum Limits of Insurance. DEVELOPER shall maintain limits no
less than:
a) 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.
b) Automobile
Liability:
$1,000,000
combined single limit per
accident
for
bodily injury
and property
damage.
c) WorkersCompensation 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.
B. Deductibles and Self -Insurance Retentions. Any deductibles or self -
insured retentions must be declared to and approved by the CITY. At the option of the
CITY, DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
C. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability Coverages.
a) The CITY, its officers, agents, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising
out of activities performed by or on behalf of the DEVELOPER;
products and completed operations of the DEVELOPER;
premises owned, occupied or used by the DEVELOPER; or
automobiles owned, leased, hired or borrowed by the
DEVELOPER. The coverage shall contain no special limitations
on the scope of the protection afforded to the CITY, its officers,
officials, employees or volunteers.
b) The
DEVELOPER'S
insurance coverage
shall be primary
insurance
as respects
the CITY, its officers,
officials, employees
and
volunteers. Any
insurance or self-insurance maintained by
the
CITY, its officers,
officials, employees or
volunteers shall be
excess of the DEVELOPER's insurance and
shall not contribute
with
it.
c) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the CITY, its officers,. officials,
employees or volunteers.
d) The DEVELOPER's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
2) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the
CITY., its officers, officials, employees and volunteers for losses arising from
work performed by the DEVELOPER for the CITY.
C!
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 ANIL
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.
5. 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
Improvements, or otherwise delivered to CITY as a part of The Improvements 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 Improvements by CITY. DEVELOPER shall repair or replace
any or all such work or material, together with all or any other work or materials which may be
displaced or damaged in so doing, that may prove defective in workmanship or material
within said one-year guarantee period without expense or charge of any nature whatsoever to
CITY. DEVELOPER further covenants and agrees that in the event DEVELOPER repairs or
replaces a part of The Improvements that proves to be defective in design, workmanship and
materials within the one-year guarantee period set forth in this Paragraph 5, the one-year
guarantee period for such repaired or replaced part of The Improvements shall automatically
extend for an additional one-year period commencing on the date DEVELOPER completes
the repair or replacement of such defects have actually been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days' time, after being notified of the defect in writing, CITY shall
5
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, twenty five percent (25%) 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.
6. 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 Improvements
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 Plans
and Specifications.
7. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of
CITY, which shall not be unreasonably withheld, denied, or delayed.
8. 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 pertormance of DEVELOPER'S
obligations under this Agreement.
If DEVELOPER refuses or fails to complete the construction The Improvements, or
any severable part thereof, within the time specified in this agreement, or any extension
thereof, or any of DEVELOPER's contractors, subcontractors, agents or employees should
violate any of the provisions of this Agreement, then CITY may deliver written notice to
DEVELOPER requesting that DEVELOPER complete the construction of the incomplete
Improvements or cure the violation of this Agreement. In the event DEVELOPER fails to take
reasonable actions to commence the construction of the incomplete Improvements or cure
the violation of this Agreement identified in CITY's written notice within thirty (30) days of
DEVELOPER's receipt of such written notice, 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 for
DEVELOPER, the CITY through its
City Engineer may
serve written notice on DEVELOPER
and DEVELOPER's
surety or holder
of other security of
the
breach
of
this
Agreement, or of any portion
thereof,
by
DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER'S surety
shall have the duty to take over and complete the construction of The Improvements;
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
construction of The Improvements and does not commence performance thereof within thirty
(30) days after notice to CITY of such election, CITY may take over the construction of The
Improvements 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 constructing The Improvements,
such materials, appliances, plant and other property belonging to DEVELOPER as may be on
the site upon which The Improvements are to be constructed and necessary for the
construction thereof.
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:
Andrew Russell, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
Brookfield Wilshire LLC
c/o Brookfield Residential
500 La Gonda Way, Suite 100
Danville, CA 94526
(925) 74M000
Attn: Josh Roden
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Liberty Mutual Insurance Company
181 Bay Street, Suite 1000
Brookfield Place
Toronto, Ontario
M5J2T3
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.
9. Use of Streets or Improvements.
At all times prior to the final acceptance of The Improvements by CITY, the use of any
or all streets and improvements which are part of The Improvements 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 Subdivision shall not be construed in any manner to constitute
a partial or final acceptance or approval of any or all of The Improvements by CITY.
DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or
occupancy permits when the work or its progress may substantially and/or detrimentally
affect public health and safety.
10. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on site upon which
The Improvements are to be constructed, 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. Upon the completion of The Improvements, all fences, barriers, regulatory signs,
warning lights, and other safety devices (except such safety items as may be shown on the
Plans and Specifications and which are a part of The Improvements shall be removed from
the site upon which The Improvements are constructed by DEVELOPER, and the entire site
shall be left clean and orderly.
11, Acceptance of Work.
Upon notice of the completion of The Improvements and. the delivery of a set of final as -built
plans for The Improvements 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 receipt of
the Warranty Bond, shall accept The Improvements and, upon such acceptance, shall
thereafter release the Faithful Performance Bond and the Labor and Materials Bond in
accordance with the requirements of the Government Code of the State of California.
12. 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.
0
1I Alterations in Plans and Specifications.
Any alteration
or alterations made in
the Plans and
Specifications or any provision of
this Agreement shall
not operate to release
any surety or
sureties from liability on any bond
or bonds delivered in
accordance with Paragraph
3 of this
Agreement, and consent to make
such alterations is hereby given by CITY,
and the sureties
to said bonds shall waive the
provisions of Section
2819 of the Civil Code
of the State of
California.
14. Liabtlit .
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 required to construct The Improvements 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 (collectively, the "CITY Parties"), 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 however,
nothing in this Paragraph 14 shall operate to require DEVELOPER to indemnify,
defend, release or save harmless CITY or the CITY Parties from and against any loss,
claim, suit, liability, action, damage or cause of action arising from, related to or
caused by the negligence or intentional or willful misconduct of CITY or The City
Parties. Notwithstanding the foregoing, DEVELOPER AND CITY acknowledge and
agree
1) 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 construction of The
Improvements, or regardless of whether or not the insurance policies described
in Paragraph 4 of this Agreement 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
Improvements 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 DEVELOPER's sole cost and expense, and the sureties under
the Faithful Performance and Labor and Materials Bonds described in
Paragraph 3 of this Agreement shall be liable to the CITY for the corrective
work required.
4) gation 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
of this Agreement.
15. 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: /ZL�f�dO��
ndrew C. Russell
City Engineer
DEVELDPER
BROOKFIELD WILSHIRE LLC,
a Delaware limited liability company
By: r
Nam :
Title: �J't�
By:
Na e: C, c pit
Title:
f[I
EXHIBIT "A"
BOND ESTIMATES
[Please See Attached)
�fl 1
RUGGERI•JENSEN•AZAR
ENGINEERS PLANNERS • SURVEYORS
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
TRACT 8307 - WILSHIRE AT BOULEVARD (N3)
DUBLIN, CALIFORNIA October 3, 2016
(Onsite Improvements Bond Estimate) Job No. 081076BRIA
Page 1 of 3
SUMMARY
A.
SITE WORK
$44000
B.
ASPHALT PAVING
$110,340
C.
CONCRETE
$114,120
D.
STORM DRAIN
$449,030
E.
MISCELLANEOUS
$115700
F.
LANDSCAPE
$663,280
G.
JOINT TRENCH
$249,430
SUBTOTAL =
$11745,900
10% CONSTRUCTION CONTINGENCY =
$174,590
8% ENGINEERING CONTINGENCY =
$139,670
TOTAL ESTIMATED ON -SITE CONSTRUCTION COST =
$2,060,160
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, contractofs work load, seasonal factor, labor and cost, etc. This engineering
firm cannot be responsible for fluctuations in cost factors.
2. This engineer's opinion is based on the Improvement Plans -Tract 0307 Wilshire
by RuggeriJensen-Azar, dated September 12, 2016.
3. This engineer's opinion does not include costs for sanitary sewer and water.
a.+loEbIOCW 10166RNML,IE�GNu`LTP PW,wT46f0]BBRlA Gy q OupiL&1001_,gtlat�18100f n
4890 CHABOT DRIVE, SUITE 200, PLEASANTON, CA 94588 T; (925) 227.910D I F; (926) 227.93001 wvAv.rja•gpa.com
lI
RUGGERI•JENSEN•AZAR
ENGINEERS • PLANNERS SURVEYORS
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
TRACT 8307 • WILSHIRE AT BOULEVARD (N3)
DUBLIN, CALIFORNIA October 3, 2016
(OnsfteImprovements Bond Estimate) Job No.081076BRlA
Page 2 of 3
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
A. SITE WORK
1. Pad Fine Grading (Motoroourts)
2. Erosion Control 8 SWPPP Implementation
B. ASPHALT PAVING
1, Fine Grading (RW to RW)
2, AC Paving (WAC / 8"AB)
3. Stamped Asphalt in Motorcourts
C.
CONCRETE
1,
6" Curb and Gutter
2.
6" Vertical Curb
3.
3' Valley Gutter
4.
Sidewalk (in streets)
5.
Curb Ramps
6.
Driveways
D. STORM DRAIN
1. 12" SD
2, 18" SD
3. Conned to Existing SO
4, Drop Inlets
5, Storm Water Inlets
6. Storm Drain Manhole
7. 8" PVC Area Drain Pipe
8. Area Drain
9. 4" PVC Roof Drain Pipe
10. Bubble Up Drain
11. Low Flow Pump
12. 4" Force Mein
13. Trash Capture Screen
E. MISCELLANEOUS
1. Signing &Striping
2. Blo-Retention
3. Street Lights
F. LANDSCAPE
1. Pedestrian Concrete Paving
2. Integral Color Concrete Paving
3, Concrete Wall
4 Low Accent Wall with Column
5. Patio Fence
6. Patio Gate
7, Stool
8. Metal Tree Grate and Frame
9. Concrete Step Stones
10. Tree, 24" Box
8
EA
$3,000.00
$24,000
1
LS
$20,000,00
$20,0D0
$44,000
27,178
SF
$0.30
$8,150
23,341
SF
$4,00
$93,360
1,766
SF
$5.00
$8,830
110,340
819
LF
$35.00
$28,670
739
LF
$18.00
$13,300
458
LF
$25.00
$11;450
3,400
SF
$8,00
$27,200
5
EA
$3,500.00
$17,500
8
EA
$2,000.DO
$16,000
SUBTOTAL =
114,12g
1,643
LF
$50.00
$82,150
278
LF
$60,00
$16,680
4
EA
$1,500,00
$81D00
33
EA
$1,500,00
$49,500
7
EA
$2,500.00
$17,500
9
EA
$3,500,00
$31,500
1,713
LF
$25.00
$42,830
85
EA
$200.00
$17,000
862
LF
$25.00
$21,550
39
EA
$300,00
$11,700
1
LS
$137,100,00
$137,100
308
LF
$40.00
$12,320
4
EA
$800.00
$3,200
SUBTOTAL=
$4491030
1
LS
$34000,00
$3,000
4,585
SF
$20.DO
$91,700
6
EA
$3,500,00
$21,0D0
SUBTOTAL =
1151700
17,991
SF
$12.00
$215,892
4,158
SF
$18,00
$74,844
135
SF
$25.0.00
$33,760
227
LF
$350,00
$799450
944
LF
$60.00
$56,640
28
EA
$350.00
$9,800
40
EA
$350,00
$14,0D0
6
EA
$25.00
$150
49
EA
$5.00
$245
135
EA
$400.00
$54,000
a:ymzmenerwsanwmx�auiprsn.wmerorma_rn.crrd WE6,_ssa_upeaat_imow,a
4690 CHABOT DRIVE, SUITE 200, PLEASAN70N, CA
94588
T: (A25)
227.91001 F: (925)
227.93001 wunv,rJa gpe,cam
1\ ;
RUGGERI-JENSEN-AZAR
ENGINEERS • PLANNERS SURVEYORS
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
TRACT 8307 - WILSHIRE AT BOULEVARD (N3)
DUBLIN, CALIFORNIA October 3, 2016
(Onsite Improvements Bond Estimate) Job No. 081076BRlA
Page 3 of 3
ITEM I]ESCRIPTION QUANTITY UNIT PRICE AMOUNT
11.
Tree, 15 Gallon
45
F.A
12.
Shrub, 5 Gallon
21183
EA
13.
Shrub, 1 Gallon
11497
EA
14.
Mulch
26,651
SF
15.
Soil Amendment and Preparation
26,651
SF
16.
Root Control Binder
2,6D9
LF
17.
Landscape Maintenance (120 days)
26,651
SF
SUBTOTAL=
G. JOINTTRENCN
1. Trenching (1,000 LF)
2. Vaults and Splice Boxes (Supply, Install & Excavation)
a. PG&E
b. Telephone
G. CAN
3. Conduits - Supply and Install
a. PG&E
b. Telephone
c. CAN - Installed by CAN
4. PG&E Electrical System
5. PG&E Gas System
6. Street Lighting
7. Service Completions
$300.00
$13,500
$17.00
$37,111
$10.00
$14,970
$0'65
$17,323
$0.50
$13,326
$9.00
$23,481
$0A8
$4,797
663,280
1
LS
$26,400.00
$26,400
1
LS
$67,190,00
$67,190
1
LS
$3,840.00
$3,840
1
LS
$2,400.00
$23400
1
LS
$8,000.00
$B4O00
1
LS
$81000.00
$B4ODO
1
LS
$4,000,00
$4,000
1
LS
$67,500,00
$671500
1
LS
$71000.00
$71D00
1
LS
$35,100.00
$35,100
1
LS
$20,000,00
$20,0D0
SUBTOTAL =
$249,435
o:Wcxoxaerorea¢vcnmt<,m,Yavnp v�.,,rvnmiorcertbcryaowm_suew_„yau��eiawxs
4890 CHABOT DRIVE, SUITE 200, PLEASANTON, CA 94588 T: (925) 227.91001 F: (925) 227.93DD I1wAv.r)agps.rwm
FIRST AMENDMENT TO CITY OF DUBLIN TRACT
IMPROVEMENT AGREEMENT
(TRACT 8308)
This First Amendment is made and entered into this day of 2019,
by and between the City of Dublin, a municipal corporation, hereinafter referred to as
"CITY," and Brookfield Bay Area Holdings LLC, hereinafter referred to as
"DEVELOPER."
RECITALS
1. CITY and DEVELOPER are parties to that certain Improvement
Agreement, Tract 8308 for the Huntington at Boulevard, Dublin Crossing Phase I
Project, dated December 21, 2016 ("the Agreement"). T
2. The Agreement requires DEVELOPER to complete certain
Improvements as defined in the Agreement prior to December 21, 2018.
3. DEVELOPER has requested that it be given additional time to
commence and complete the construction of the Improvements, and CITY is willing
to grant the request.
AMENDMENT
NOW, THEREFORE, in consideration of the mutual promises, conditions, and
covenants herein contained, the parties agree as follows:
Section 1. Section 1 of the Agreement is amended to read as follows:
1. Completion Time.
Time is of the essence in this Agreement. DEVELOPER shall complete
the Improvements no later than dune 21, 2020. Upon completion,
DEVELOPER shall furnish CITY with a complete and reproducible set
of final Record Drawings of the Improvements, including any
modifications made during construction."
Section 2. All requisite insurance policies to be maintained by the
DEVELOPER pursuant to the Agreement, as may have been amended from time to
time, shall include coverage for the amended term, as described above.
Section 3. The individuals executing this First Amendment and the instruments
referenced in it on behalf of DEVELOPER each represent and warrant that they have
the legal power, right and actual authority to bind DEVELOPER to the terms and
conditions of this First Amendment.
—1—
Section 4. All other provisions of the Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
be executed as of the date and year first above written.
CITY OF DUBLIN
Andrew C. Russell,
City Engineer
2937142.1
20180607Is
BROOKFIELD BAY AREA HOLDINGS
LLC
a Delaware limited liability company
By:
osh Ro en
Authorized Representative
—2—
CITY OF DUDLIN
IMPROVEMENT AGREEMENT
Tract 8308 - Huntington at Boulevard
Dublin Crossing Phase 1A
This agreement is made and entered into this 22/ day of 4�LIW / , 20165
(hereinafter this, "Agreement'), by and between the City of Dublin, a municipal corporation,
hereinafter referred to as "CITY", and Brookfield Bay Area Holdings LLC, a Delaware limited
liability company, hereinafter referred to as "DEVELOPER".
RECITALS
WHEREAS, it has been determined by the CITY that DEVELOPER, the subdivider of
Tract 8308 - Huntington at Boulevard, also known as Dublin Crossing Phase 1A —
Neighborhood 4, (the "Subdivision") desires to construct improvements (hereafter "The
Improvements") in accordance with the requirements and conditions set forth in the City of
Dublin Planning Commission Resolution No. 16-11 (PLPA-2015-00062), adopted on June 14,
2016, the requirements of the Subdivision Map Act of the State of California, the Subdivision
Ordinance of the CITY, and those certain plan and specifications for said development
approved by the City Engineer (the "Plans and Specifications"), as follows:
• "Improvement Plans, Tract 8308 Huntington at Boulevard" (18 Sheets,. Sheets C0.0-
C7.1), prepared by Ruggeri -Jensen -Azar, dated 99/01/2016, approved 11/9/2016.
• "Joint Trench Plans — Brookfield Residential Huntington at Boulevard Tract 8308 —
NHBD 4" (2 Sheets JT1.1-JT1.2), prepared by Giacalone Design Services, Inc., dated
approved
• "Huntington at Boulevard Neighborhood 3 — Private Street Lighting" (3 Sheets, Sheets
SL1-SL3), prepared by Giacalone Design Services, Inc., dated 11/02/2016, approved
11 /9/2016.
• "On -Site Landscape Plans —Boulevard Neighborhood 4 -Huntington" (19 sheets,
Sheet L0.1- L5I prepared by Gates &Associates, dated 11/1/2016I approved
11 /9/2016.
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; and
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the
time hereinafter specified, and CITY intends to accept DEVELOPER'S offers) 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 Improvements are a public works subject
to California prevailing wage requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1. Completion Time.
DEVELOPER will commence construction of The Improvements within thirty (30) days
following the date on which CITY executes this agreement. DEVELOPER shall complete the
construction of The Improvements not later than two (2) years following said date of
execution of this agreement, unless the completion date is extended by the City. Time is of
the essence in this Agreement.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement is
agreed to be $3,086,250.00 and is based on the Bond Estimates — Huntington at Boulevard
(N4) dated 10/3/16 , prepared by Ruggeri -Jensen -Azar, Landscape Bond Estimate, dated
10/3/2016, prepared by Giacalone Design Services, Inc. attached to this agreement as
Exhibit "A", collectively, the "Bond Estimates").. Said amount includes estimated costs and
reasonable expenses and fees which may be incurred in enforcing the obligation secured by
the bonds summarized in the Bond Estimates
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the Following security in a form satisfactory to the City Attorney:
A. Faithful Performance. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred percent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfactorily completed (the "Faithful Performance Bond')
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 Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall
be paid therefor (the "Labor and Materials Bond')
C. Warranty. Prior to acceptance of The improvements as complete by the City
Engineer, DEVELOPER shall furnish CITY with 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 twenty per cent (20%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfactorily completed from the date on which the City Engineer accepts the work as
complete until one year thereafter (collectively, the "Warranty Bond').
2
CITY
shall be the sole
indemnitee named on any
instrument required by this
Agreement.
Any instrument or
deposit required herein shall
conform to the provisions of
Chapter
5 of
the
Subdivision
Map
Act,
4. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or
cause to be obtained and filed with the CITY, certificates and endorsements of insurance
evidencing the insurance required under this Paragraph. Prior to the commencement of the
construction of The Improvements, DEVELOPER's general contractor shall obtain or cause to
be obtained and filed with the Administrative Services Director, certificates and endorsements
of insurance evidencing the insurance required under this Paragraph. DEVELOPER shall not
allow any contractor or subcontractor to commence the construction of The Improvements
under a contract or subcontract until all certificates and endorsements of insurance required
from DEVELOPER and DEVELOPER's general contractor have been filed and approved by
City.. Said insurance shall be maintained in full force and effect until the completion of The
Improvements and the final acceptance thereof by CITY. All requirements herein provided
shall be evidenced by the certificates and endorsements of insurance provided by
DEVELOPER and DEVELOPER's general contractor 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. 1l73) 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.
4) Minimum Limits of Insurance. DEVELOPER shall maintain limits no
less than:
a) 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.
b) Automobile
Liability:
$1,000,000
combined single limit per
accident for
bodily injury
and property
damage.
c) 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.
B. Deductibles and Self -Insurance Retentions. Any deductibles or self -
insured retentions must be declared to and approved by the CITY. At the option of the
CITY, DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
C. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability Coverages.
a) The CITY, its officers, agents, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising
out of activities performed by or on behalf of the DEVELOPER;
products and completed operations of the DEVELOPER;
premises owned, occupied or used by the DEVELOPER; or
automobiles owned, leased, hired or borrowed by the
DEVELOPER. The coverage shall contain no special limitations
on the scope of the protection afforded to the CITY, its officers,
officials, employees or volunteers.
b) The
DEVELOPER'S
insurance coverage
shall be primary
insurance
as respects
the CITY, its officers,
officials, employees
and
volunteers. Any
insurance or self-insurance maintained by
the
CITY, its officers,
officials, employees or
volunteers shall be
excess of the DEVELOPER's insurance and
shall not contribute
with
it.
c) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the CITY, its officers, officials,
employees or volunteers.
d) The DEVELOPER's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
2) Workers' Compensation and Employers Liability Coverage.
The insurer
shall agree to waive all
rights of subrogation
against the
CITY, its officers,
officials, employees and
volunteers for losses
arising from
work performed by
the DEVELOPER for the
CITY.
CI
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
certificates of insurance and with original
coverage required by this clause.
endorsements for each insurance policy
person authorized by that insurer to bind
The certificates and endorsements an
shall furnish CITY with
endorsements effecting
The certificates and
are to be signed by a
coverage on its behalf,
to be received
and
c) Subcontractors. DEVELOPER andlor 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.
5. 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
Improvements, or otherwise delivered to CITY as a part of The Improvements 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 Improvements by CITY. DEVELOPER shall repair or replace
any or all such work or material, together with all or any other work or materials which may be
displaced or damaged in so doing, that may prove defective in workmanship or material
within said one-year guarantee period without expense or charge of any nature whatsoever to
CITY. DEVELOPER further covenants and agrees that in the event DEVELOPER repairs or
replaces a part of The Improvements that proves to be defective in design, workmanship and
materials within the one-year guarantee period set forth in this Paragraph 5, the one-year
guarantee period for such repaired or replaced part of The Improvements, shall automatically
extend for an additional one-year period commencing on the date DEVELOPER completes
the repair or replacement of such defects have actually been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days' time, after being notified of the defect in writing, CITY shall
if a receiver should be appointed for DEVELOPER, the CITY through its City Engineer may
serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of
the breach of this Agreement, or of any portion thereof, by DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety
shall have the duty to take over and complete the construction of The Improvements;
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
construction of The Improvements and does not commence performance thereof within thirty
(30) days after notice to CITY of such election, CITY may take over the construction of The
Improvements 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 constructing The Improvements,
such materials, appliances, plant and other property belonging to DEVELOPER as may be on
the site upon which The Improvements are to be constructed and necessary for the
construction thereof.
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:
Andrew Russell, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
Brookfield Bay Area Holdings LLC
c/o Brookfield Residential
500 La Gonda Way, Suite 100
Danville, CA 94526
(925) 74M000
Attn: Josh Roden
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Liberty Mutual Insurance Company
181 Bay Street, Suite 1000
Brookfield Place
Toronto, Ontario
M5J2T3
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.
9. Use of Streets or Improvements.
At all times prior to the final acceptance of The Improvements by CITY, the use of any
or all streets and improvements which are part of The Improvements 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 Subdivision shall not be construed in any manner to constitute
a partial or final acceptance or approval of any or all of The Improvements by CITY.
DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or
occupancy permits when the work or its progress may substantially and/or detrimentally
affect public health and safety.
10. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on site upon which
The Improvements are to be constructed 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. Upon the completion of The Improvements„ all fences, barriers, regulatory signs,
warning lights, and other safety devices (except such safety items as may be shown on the
Plans and Specifications and which are part of The Improvements) shall be removed from the
site upon which The Improvements are constructed by DEVELOPER, and the entire site shall
be left clean and orderly.
11. Acceptance of Work.
Upon notice of the completion of The Improvements and the delivery of a set of final as -built
plans for The Improvements 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 receipt of
the Warranty Bond, shall accept The Improvements and, upon such acceptance, shall
thereafter release the Faithful Performance Bond and the Labor and Materials Bond in
accordance with the requirements of the Government Code of the State of California.
12. 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.
13. Alterations in Plans and Specifications.
13
Any alteration or alterations made in the Plans and Specifications or any provision of
this Agreement shall not operate to release any surety or sureties from liability on any bond
or bonds delivered in accordance with Paragraph 3 of this Agreement. and consent to make
such alterations is hereby given by CITY, and the sureties to said bonds shall waive the
provisions of Section 2819 of the Civil Code of the State of California.
14. 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 required to construct The Improvements 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 (collectively, the "CITY Parties"), 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 however,
nothing in this Paragraph 14 shall operate to require DEVELOPER to indemnify,
defend, release or save harmless CITY or the CITY Parties from and against any loss,
claim, suit, liability, action, damage or cause of action arising from, related to or
caused by the negligence or intentional or willful misconduct of CITY or The City
Parties. Notwithstanding the foregoing, DEVELOPER AND CITY acknowledge and
agree
1) 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 construction of The
Improvements, or regardless of whether or not the insurance policies described
in Paragraph 4 of this Agreement 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
Improvements 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 DEVELOPER's sole cost and expense, and the sureties under
the Faithful Performance and Labor and Materials Bonds described in
FI
Paragraph 3 of this Agreement 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 attorneys fees and costs in any
action against DEVELOPER's surety on the bonds provided under paragraph 3
of this Agreement.
15. 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: l
Andrew C. Russell
City Engineer
L��l��i77�7
BROOKFIELD Bay Area Holdings LLC,
a Delaware limited liability company
By:
Name:
Title: \/ ep
By:
Name:
Title: V.
10
EXHIBIT "A"
BOND ESTIMATES
[Please See Attached)
1\y1IL
RUGGERI-JENSEN•AZAR
A.
8,
C.
D.
E.
F.
G.
Notes:
2.
ENGINEERS• PLANNERS• SURVEYORS
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
TRACT 8308 • HUNTINGTON AT BOULEVARD (N4)
CITY OFDUBLIN, CALIFORNIA October 3, 2016
(Onsite Improvements Bond Estimate) Job No. 081076BRlA
Page 1 of 3
SUMMARY
SITE WORK $ram 000
ASPHALT PAVING $184 940
CONCRETE $2431640
STORM DRAIN $171,650
MISCELLANEOUS $448 000
LANDSCAPE $1,164,200
JOINT TRENCH $346,830
SUBTOTAL = $2,615,4601
10% CONSTRUCTION CONTINGENCY = $261,650
8% ENGINEERING CONTINGENCY = $209,240
TOTAL ESTIMATED OWSITE CONSTRUCTION COST = 3,O36,250
All cost figures are given as estimates only. Actual cost will be dependent on the cost fgures at bidding time;
the general market situation, contracto, a work load. seasonal factor, labor and cost, etc. This engineering
Finn cannot be responsible for Fluctuations in cost factors.
This engineer's opinion is based on the Improvement Plans -Tract 8306 Huntington at Boulevard (N4), prepared
by RuggerlJensen-Azar, dated Juty 13, 2016. ��
3. This engineer's opinion does not Include costs for sanitary sewer and water.
c1'tarsa+uain�,mwuxrew„vHiatoiseflrx.c+raw� m�ew_wdx. tetaoaw
46g0 CHABOT DRIVE, SUITE 20g, PLEASANTON, CA 94586 T: (925) 227.91001 F; (925) 227.93001 wvNt.rjagps.com
11
RUGGERI•JENSEN-AZAR
ENGINEERS • PLANNERS • SURVEYORS
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
TRACT 8308 - HUNTINGTON AT BOULEVARD (114)
CITY OFDUBLIN, CALIFORNIA
(Onsite Improvements Bond Estimate)
October 3, 2016
Job No. 081076BRIA
Page 2 of 3
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
A. SITE WORK
1. Pad Fine Grading
2. Erosion Control 8 SWPPP Implementation
B. ASPHALT PAVING
1. Fine Grading (RW to RW)
2. AC Paving (3"AC 18"AB)
C. CONCRETE
1. 6" Curb and Gutter
2. 6" Vertical Curb
3. 3" Mountable Curb and Gutter
4. Flush Curb
5. 3' Valley Gutter
6. Sidewalk (in streets)
7. Curb Ramps
8, Driveways
D. STORM DRAIN
1. 12" Class III RCP
2. 15" Class III RCP
3. 18" Class III RCP
4. Connect toExlstngSO
5. Drop Inlets
6, Storm Water Inlets
7. Storm Drain Manhole
8. Area Drain Pipe
9. Area Drain
10. Low Flow Pump
11. 4" Force Main
12. Storm Water Inlet/Drop Inlet Inserts
13, Trash Capture Device
45
EA
$800.00
$36,000
1
LS
$20,000,00
$20,000
SUBTOTAL =
$561000
53,523
SF
$0.30
$16,060
42,220
SF
$4,00
$168,880
SUBTOTAL =
184,940
625
LF
$35.00
$21,880
1,183
LF
$25.00
$29,580
619
LF
$30.00
$18,570
868
LF
$18,00
$15,620
173
LF
$25,00
$4,330
4,920
SF
$8,00
$39,360
7
EA
$3,500,00
$24,500
45
EA
$2,000.00
$901000
SUBTOTAL =
243,840
154
LF
E.
MISCELLANEOUS
1.
Signing & Stdping
1
LS
3.
Silva Cell
19,700
CF
3.
Monuments
4
EA
4.
Street Llghls
14
EA
$50.00
$7700
171,660
$3,000.00
$3,000
$20.00
$394,000
$500.00
$2,000
$3,500.00
$49,000
SUBTOTAL=
44% 00
O1aC30tltlllOrfiA3VWMn16Onie111np RNf1W`0910i6&4_NI CiyMDAN S1,601_upEY� 1610W fk
4690 CHABOT DRIVE, SUITE 200, PLEASANTON, CA 94588 T: (926) 227.91001 F: (925) 227.930D I www.rJagpa.com
�Rji �v
RUGGERI-JENSEN•AZAR
ENGINEERS PLANNERS ■ SURVEYORS
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
TRACT 8308 - HUNTINGTON AT BOULEVARD (114)
CITY OFDUBLIN, CALIFORNIA October 3, 2016
(Onsfte Improvements Bond Estimate) Job No. 081076BR1A
Page 3 of 3
REM DESCRIPTION Q ANTITY UNIT PRICE AMOUNT
F.
LANDSCAPE
1.
Pedestrian Concrete Paving
13,250
SF
$12.00
$169,000
2.
Integral Color Concrete Paving
11775
SF
$20,00
$35,500
3.
DG Paving
940
SF
$8.00
$7,520
4.
Concrete Wall with Cap
70
LF
$350,00
$24,600
5.
Low Wall
1,775
LF
$300.00
$532,500
6.
Accent Column at Low Wall
90
FA
$250,00
$22,500
7.
Accent Wall
51
LF
$450,00
$22,950
B.
6' Wood Fence
11115
LF
$50,00
$55,760
9.
Wood Gate
45
EA
$500.00
$22,500
10.
Fabric Umbrellas
3
EA
$15,000.00
$45,000
11.
Concrete Step Stones
63B
EA
$5.00
$3,190
12,
Custom Fireplace
1
EA
$15,000.00
$15,000
13,
Soma Stones
8
EA
$2,000.00
$16,000
14.
Granite Turtle
9
EA
$1,500,00
$13,500
15.
Tree Grate and Frame
2
EA
$1,500,00
$3,000
16.
Park Entry Monuments
1
LS
$25,000.00
$25,000
17.
Rubber Safety Surfacing
450
SF
$20.00
$9,000
18
Play Elements
1
LS
$20,000,00
$20,000
19.
Tree, 24" Box
89
EA
$400,00
$35,600
20.
Tree, 15 Gallon
25
EA
$300,00
$7,500
21,
Shrub, 5 Gallon
11850
EA
$17.00
$31,450
22.
Shrub, 1 Gallon
11205
EA
$10,00
$12,050
23.
Mulch
21,828
SF
$0,65
$141188
24.
Soil Amendment and Preparation
21,828
SF
$0,50
$10,914
25.
Root Control Binder
11795
LF
$9.00
$16,155
26.
Landscape Maintenance (120 days)
21,828
SF
$0.18
$3,929
SUBTOTAL=
$1,164,200
G.
JOINT TRENCH
1.
Trenching (2,DD0 LF)
1
LS
$53,000.00
$53,000
2.
Vaults and Splice Boxes (Supply, Install & Excavation)
a. PG&E
1
LS
$57,905.D0
$57,910
b. Telephone
1
LS
$7,020,00
$70020
c. CAN
1
LS
$3,600,00
$3,600
3.
Conduits -Supply and Install
a. PG&E
1
LS
$14,000,00
$14,000
b. Telephone
1
LS
$10,D00.00
$101000
c. CATV - Installed by CAN
1
LS
-
4.
PG&E Electrical System
1
LS
$109,000,00
-
$109,000
5.
PG&E Gas System
1
LS
$14,000,00
$14,000
6.
Street Lighting
1
LS
$58,300.00
$581300
7.
Service Completions
1
LS
$20,000,00
$2010D0
SUBTOTAL =
$3461830
o:yoezommtwseava„n�.maaw,vwn+vunatoremzlu.cyama,_suea_,yane
tatow a.
4690 CHABOT
DRIVE, SUITE 200, PLEASANTON, CA 94588
T: (925) 227.91001 F:
(925)
227.93001wvnv.rja•gpa.com