HomeMy WebLinkAboutReso 198-04 DubRchTheTerraces
RESOLUTION NO. 198 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING FINAL MAP AND IMPROVEMENT AGREEMENT FOR TRACT 7524,
DUBLIN RANCH, NEIGHBORHOOD H-2, THE TERRACES, PHASE 2
(TOLL-DUBLIN, LLC, A CALIFORNIA LIMITED LIABILITY)
WHEREAS, the Final Map for Tract 7524, in the incorporated territory of the City of Dublin,
State of California, has been presented to this City Council for approval, all in accordance with the
provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code;
and
WHEREAS, pursuant to Section 66434(g) of the Subdivision Map Act and Division 9, Part 3,
Chapter 4, §8333 of the Streets and Highway Code, the filing of the Final Map for Tract 7524 shall
constitute summary vacation of the Public Service Easement (PSE) over Parcels H, I, J, K, L, M, N, 0,
and P and Emergency Vehicle Access Easement (EV AE) over Parcels H, K and N originally dedicated to
the City of Dublin on the Final Map for Tract 7327 (filed on November 25,2002, in Book 267 of Maps at
Pages 69 - 72); and
WHEREAS, the Developer has executed and filed with the City of Dublin an Improvement
Agreement to construct the required subdivision improvements for Tract 7524 in conformance with the
Vesting Tentative Map and Conditions of Approval as approved by the Planning Commission via
Resolution No. 02-06 (PA 01-009) on January 22, 2002, and the improvement plans and specifications
approved by Staff as referenced in the Agreement, with completion required on or before October 5, 2006;
and
WHEREAS, said Improvement Agreement is secured by a bond in the amount of $174,394.00
(Bond No. 6294095) issued by Safeco Insurance Company of America conditioned upon faithful
performance under the terms of said Agreement; and
WHEREAS, said Improvement Agreement is secured by a bond in the amount of $174,394.00
(Bond No. 6294095) issued by Safeco Insurance Company of America conditioned upon payment for
labor performed or material furnished under the terms of said Agreement; and
WHEREAS, the City Council previously acknowledged receipt of credits against payment for
Community Parkland and Neighborhood Parkland pursuant to Dublin Municipal Code Chapter 9.28 for
Tract 7524 with the earlier approval of Tract 7327 via City Council Resolution No. 204-02 on November
5,2002; and
WHEREAS, an Improvement Agreement associated with grading for Tract 7524 was previously
approved on September 7,2004, via City Council Resolution No. 172-04.
NOW, THEREFORE, BE IT RESOLVED that said Improvement Agreement and bonds are
hereby approved.
1
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the Improvement Agreement, hereto attached as Exhibit A.
BE IT FURTHER RESOLVED that the Public Service Easement (PSE) over Parcels H, I, J, K,
L, M, N, 0, and P and Emergency Vehicle Access Easement (EV AE) over Parcels H, K and N originally
dedicated to the City of Dublin on the Final Map for Tract 7327 are hereby summarily vacated.
BE IT FURTHER RESOLVED that the Final Map of Tract 7524 is hereby approved; and that
rights to easements marked as Public Service Easement (P.S.E.), and Emergency Vehicle Access
Easement (E.V.A.E.) as offered for dedication to the public in conformity with the terms of dedication are
hereby accepted subject to improvement; and that the Clerk of this City Council is hereby directed to
transmit said map to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 5th day of October, 2004.
AYES: Councilmembers McCormick, Sbranti and Zika and Mayor Lockhart.
NOES: None
ABSENT: Councilmember Oravetz
ABSTAIN: None
ATTEST:
d-41\JV'- ~.
City lerk
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2
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
SUBDIVISION IMPROVEMENTS FOR TRACT 7524,
DUBLIN RANCH AREA G, NEIGHBORHOOD H-2, THE TERRACES, PHASE 2
(TOLL-DUBLIN, llC)
This agreement is made and entered into this 5th day of October, 2004, by and between
the City of Dublin, a Municipal Corporation, hereinafter referred to as "CITY", and Toll-Dublin,
LLC, a California Limited Liability Company (hereinafter referred to as "DEVELOPER").
RECITALS
WHEREAS, it has been determined by the City Council of the City of Dublin, State of
California, that DEVELOPER, as a subdivider, desires to improve and dedicate certain
improvements (hereafter "The Improvements") associated with Tract 7524, in accordance with
the requirements and conditions set forth within the City of Dublin Planning Commission
Resolution No. 02-06 (PA 01-009), adopted on January 22, 2002; the requirements of the
Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of
Dublin; and those certain plans and specifications for said development approved by the Public
Works Director on f~ :It'ÂI ~Þ' £ Z- ,2004, as follows:
· "Improvement Plans Dublin Ranch Area G - Site H2, Tract 7327, September 2002"
(Sheets 1-21, as revised), prepared by MacKay & Somps.
· "Landscape Improvement Plans for Dublin Ranch Area G, H-2, West Building" (Sheets
L 1 -'" L30), prepared by Rose Associates Landscape Architects, Inc.
· "Joint Trench Composite, Dublin Ranch - Neighborhood H-2 - West Side" (Sheets JT1-
JT3), prepared by RGA Utility Consultants.
Said plans are now on file in the office of the Public Works Director/City Engineer, and 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, CITY has determined that The Improvements are a public works subject to
California prevailing wage requirements;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication
and The Improvements in consideration for DEVELOPER's satisfactory performance of the
terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows:
Section 1. Completion Time.
DEVELOPER will commence construction of The Improvements within ninety (90) days
following the date on which CITY executes this Agreement. DEVELOPER shall complete such
IMPROVEMENT AGREEMENT
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October 5, 2004
Improvements no later than two years following execution of this agreement or not later than
October 5, 2006. Upon completion, DEVELOPER shall furnish CITY with a complete and
reproducible set of final as-built plans of The Improvements, including any authorized
modifications.
Section 2. Estimated Cost of Improvements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is
agreed to be One Hundred Seventy-Four Thousand Three Hundred Ninety-Four and
00/100 Dollars ($174,394.00). Said amounts include costs and reasonable expenses and fees
which may be incurred in enforcing the obligation secured.
Section 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 estimates set forth in Paragraph 2 and sufficient to assure CITY that
The Improvements will be satisfactorily completed.
b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a
company duly and legally licensed to conduct a general surety business in the
State of California, or an instrument of credit equivalent to one hundred percent
(100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that
DEVELOPER'S contractors, subcontractors, and other persons furnishing labor,
materials, or equipment shall be paid therefor.
CITY shall be the sole indemnitee named on any instrument required by this Agreement.
Any instrument or deposit required herein shall conform to the provisions of Chapter 5 of the
Subdivision Map Act.
Section 4. Insurance Required.
Concurrently with the execution hereof, DEVELOPER 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 Administrative Services Director of CITY, or his designee, as to form,
amount and carrier. Prior to the commencement of work under this Agreement, DEVELOPER's
general contractor shall obtain or cause to be obtained and filed with the Administrative
Services Director, all insurance required under this paragraph, and such insurance shall have
been approved by the Administrative Services Director of CITY, as to form, amount and carrier.
DEVELOPER shall not allow any contractor or subcontractor to commence work on this
contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's
general contractor shall have been so obtained and approved. Said insurance shall be
maintained in full force and effect until the completion of work under this Agreement and the
final acceptance thereof by CITY. All requirements herein provided shall appear either in the
IMPROVEMENT AGREEMENT
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October 5, 2004
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:
(i) 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.)
(ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
(iii) Workers' Compensation insurance as required by the Labor Code of
the State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i) 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.
(ii) Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
(iii) Workers' Compensation and Emplovers Liability: Workers'
compensation limits as required by the Labor Code of the State of
California and Employers Liability limits of $1 ,000,000 per accident.
c. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. At the option of
the CITY, either the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the CITY, its officers, officials and
employees; or the DEVELOPER shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and
defense expenses.
d. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
(i) General Liabilitv and Automobile LiabilitvCoveraqes.
(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
IMPROVEMENT AGREEMENT
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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 speciallimitatîons 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.
(ii) Workers' Compensation and Emplovers Liability CoveraQe. 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.
(iii) All CoveraQes..
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 Coveraqe. 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
IMPROVEMENT AGREEMENT
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October 5, 2004
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.
Section 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 work, or
otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all
defects of workmanship and materials for a period of one (1) year after acceptance of the entire
work by CITY. DEVELOPER shall repair or replace any or all such work or material, together
with all or any other work or materials which may be displaced or damaged in so doing, that
may prove defective in workmanship or material within said one-year guarantee period without
expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and
agrees that when defects in design, workmanship and materials actually appear during the one-
year guarantee period, and have been corrected, the guarantee period shall automatically be
extended for the corrected items for an additional year to insure that such defects have actually
been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time or such longer time period as agreed to in writing by the
City Engineer, after being notified of the defect in writing, CITY shall have the right, but shall not
be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on
demand all costs and expense of such repair. Notwithstanding anything herein to the contrary,
in the event that any defect in workmanship 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.
Section 6. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and his
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 OWNER and replaced to the satisfaction of
IMPROVEMENT AGREEMENT
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CITY without any expense to CITY in strict accordance with the Improvements plans and
specifications.
Section 7. Aqreement Assiqnment.
DEVELOPER shall not assign this Agreement without the written consent of CITY, which
consent shall not be unreasonably withheld.
Section 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 performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within the time specified, or any
extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER
should be adjudged as bankrupt, or should make a general assignment for the benefit of
DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of
DEVELOPER 's contractors, subcontractors, agents or employees should violate any of the
provisions of this Agreement, the CITY through its City Engineer may serve written notice on
DEVELOPER and DEVELOPER 's surety or holder of other security of breach of this
Agreement, or of any portion, thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER 's surety shall
have the duty to take over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it of such notice of
breach, does not give CITY written notice of its intention to take over the performance of the
contract, and does not commence performance thereof within thirty (30) days after notice to
CITY of such election, CITY may take over the work and prosecute the same to completion, by
contract or by any other method CITY may deem advisable, for the account and at the expense
of DEVELOPER and DEVELOPER 's surety shall be liable to CITY for any damages and/or
reasonable and documented excess costs occasioned by CITY thereby; and, in such event,
CITY, without liability for so doing, may take possession of, and utilize in completing the work,
such materials, appliances, plant and other property belonging to DEVELOPER as may be on
the site of the work and necessary therefor.
Section 9. 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:
Melissa Morton
Public Works Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
IMPROVEMENT AGREEMENT
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October 5, 2004
Notices required to be given to DEVELOPER shall be addressed as follows:
Toll-Dublin, LLC, a California Limited Liability Company
c/o Toll Brothers, Inc., Northern California Division
Attention: JP-tT fê Á/t(//r (Contact Name), A.fr;/; ¿A'¡- Ü'ir~,.,Þl'u¿;:/.r'(Title)
100 Park Place, Suite 140
San Ramon, CA 94583
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Company Name: J-çÆt'>']/~;;: 5/·"h~A",l(· '/C/:;flq~:y' c:.~' ~A(/":J("<;
Attention:
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Street Address:
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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, DEVELOPER has executed and has
caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may
record said abstract in the Official Records of Alameda County.
Section 10. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all streets
and improvements within the work to be performed under this Agreement shall be at the sole
and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY
for dwellings located within the project site shall not be construed in any manner to constitute a
partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER
agrees that CITY's Building Official may withhold the issuance of building or occupancy permits
when the work or its progress may substantially and/or detrimentally affect public health and
safety.
Section 11. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the site of The
Improvements as may be necessary to prevent accidents to the public and damage to the
property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to
be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and
other safety devices (except such safety items as may be shown on the plans and included in
IMPROVEMENT AGREEMENT
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October 5. 2004
the items of work) shall be removed from site of the work by the DEVELOPER, and the entire
site left clean and orderly.
Section 12. Acceptance of Work and Riqht-of-Wav.
Upon notice of the completion of The Improvements and the delivery of a set of final as-
built mylar plans with electronic file to CITY by DEVELOPER, CITY, through its City Engineer or
his designated representative, shall examine the work without delay, and, if found to be in
accordance with said plans and specifications and this Agreement, shall recommend
acceptance of the work to the City Council and, upon such acceptance, shall notify
DEVELOPER or his designated agents of such acceptance subject to Section 5 above.
If not previously dedicated on the final map for Tract 7524, DEVELOPER shall
dedicate to CITY by separate instrument any right of way and easements deemed
necessary by the City Engineer for the acceptance and maintenance of The Improvements,
and, at acceptance of the Work, CITY shall accept said right-of-way and maintenance
easement dedications.
Section 13. Patent and Copvriqht 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.
Section 14. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of this
Agreement or any provision of this Agreement shall not operate to release any surety or
sureties from liability on any bond or bonds attached hereto and made a part hereof, and
consent to make such alterations is hereby given, and the sureties to said bonds hereby waive
the provisions of Section 2819 of the Civil Code of the State of California.
Section 15. Liabilitv.
a. DEVELOPER Primarilv Liable. DEVELOPER hereby warrants that the
design and construction of 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, from and against any and all
loss, claims, suits, liabilities, actions, damages, or causes of action of every
kind, nature and description, directly or indirectly arising from an act or
omission of DEVELOPER, its employees, agents, or independent
contractors in connection with DEVELOPER'S actions and obligations
hereunder; provided as follows:
(i) That CITY does not, and shall not, waive any rights against
IMPROVEMENT AGREEMENT
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October 5, 2004
described in Paragraph 3 hereof.
(ii) That the aforesaid hold harmless agreement by DEVELOPER shall
apply to all damages and claims for damages of every kind suffered,
or alleged to have been suffered, by reason of any of the aforesaid
operations referred to in this paragraph, regardless of whether or not
CITY has prepared, supplied, or approved of plans and/or
specifications for the subdivision, or regardless of whether or not
such insurance policies shall have been determined to be applicable
to any of such damages or claims for damages.
b. DesiQn Defect. If, in the opinion of the CITY, a design defect in the work of
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, OWNER 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. LitiQation 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 Section 3.
Section 16. Indemnification and Waiver.
DEVELOPER shall defend CITY, its officers, employees and officials, against any claims
or actions (including declaratory or injunctive relief) concerning DEVELOPER's construction of
The Improvements on DEVELOPER's property and shall indemnify and hold CITY harmless
from any damages, charges, fees or penalties that may be awarded or imposed against CITY
and/or DEVELOPER in connection with, or on account of, DEVELOPER's construction of The
Improvements and/or CITY's failure to enforce or comply with any applicable laws.
Section 17. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IMPROVEMENT AGREEMENT
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October 5,2004
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
DEVELOPER:
Toll-Dublin, LLC
A California Limited Liability Company
CITY OF DUBLIN:
t~WD'1
BY:~ C.~_nn ./
~tary Ac dgment) -
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Typed or Printed Name
ATTEST:
ByA6»Jýv~
~ Kay Keck, Ci y lerk
Date: \ <;;) t ~ () 't
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APPROVED AS TO FORM:
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By: .,':fl¡ 'rY {¿./ /../n L
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Elizabeth Silver, City Attorney
IMPROVEMENT AGREEMENT
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October 5,2004
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!t11999 National Notary Association' 9350 De 50to Ave., P.O. Box 24Q2' Cha1sworth, CA 91313-2402. www,nationalnotary.org
Reorder: Cell TolI·Free '·800-876-6827
Prod. No. 5907
PRELIMINARY BOND ESTIMATE- SITE IMPROVEMENT
DUBLIN RANCH - H2 WEST BUILDING
CITY OF DUBLIN
( ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. SITE CONCRETE
2,840 SF 4" PCC Concrete with wire Mesh $ 2.50 $ 7,100.00
Reinforcement
2 2,840 SF 6" A.B. Under Driveway Entrances $ 0.90 $ 2,556.00
3 540 SF 4" A.B. Under Curb and Gutter $ 0.60 $ 324.00
4 2670 SF 4" A.B. Under Sidewalk $ 0.60 $ 1,602.00
5 5150 SF 4" PCC Pavement for Multi-Use Trail $ 2.50 $ 12,875.00
6 5150 SF 6" A.B. Under Multi-Use Trail $ 0.90 $ 4,635.00
7 360 LF 6" Curb & Gutter incl. Spill C & G $ 16.25 $ 5,850.00
8 2670 SF 4" PCC Sidewalk $ 3.50 $ 9,345.00
9 EA 9 Field Inlet $ 2,500.00 $ 22,500.00
10 2 EA Type 1 Storm Drain Manhole $ 3,000.00 $ 6,000.00
ESTIMATED TOTAL SITE CONCRETE $ 72,787.00
B. STORM DRAIN
1 710 LF 8" PVC Pipe, SDR-35 $
2 70 LF 10" PVC Pipe, SDR-35 $
3 252 LF 12" RCP, Class III $
4 327 LF 18" RCP, Class III $
5 2 EA Connect to Exist. 18" RCP $
6 1 EA Connect to Exist. 24" RCP $
7 23 EA Landscape Area Drains $
ESTIMATED TOTAL STORM DRAIN
C. JOINT TRENCH
1 200 LF Joint Trench $
ESTIMATED TOTAL JOINT TRENCH
D. FIRELlNE WITH TWO HYDRANTS
1 450 LF 6" Bluebell Main $
2 8 EA 6" Valves $
3 2 EA Fire Hydrants $
ESTIMATED TOTAL FIRE LINE
SUMMARY
A. SITE CONCRETE
B. STORM DRAIN
C.JOINT TRENCH
D. FIRELlNE
ESTIMATED COST
CONTINGENCY @ 10%
ESTIMATED TOTAL IMPROVEMENT COST
27.00 $ 19.170.00
32.00 $ 2,240.00
34.00 $ 8,568.00
45.00 $ 14,175.00
1,500.00 $ 3,000.00
1,500.00 $ 1,500.00
500.00 $ 11,500.00
$ 60,153.00
10.00 $ 2,000.00
$ 2,000.00
40.00 $ 18,000.00
400.00 $ 3,200.00
1,200.00 $ 2,400.00
$ 23,600.00
$ 72,787.00
$ 60,153.00
$ 2,000.00
$ 23,600.00
$158,540.00
$ 15,854.00
$174,394.00
NOTES:
1. This estimate covers the construction costs for the H2 West building grading, underground and pavement improvements.
2. This estimate Is prepared as a guide only and is subject to possible change. It has been prepared to a standard
of accuracy which, to the best of our knowledge and judgement, Is sufficient to satisfy our understsnding of the
purposes of this estimate. MacKay & Somps makes no werranty. either expressed or implied, as to the accuracy of this estimate.
Prepared by the firm of
MACKAY & SOMPS
Marsh USA I nc
9/14/2004 3:01
PAGE
2/2
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PRODUCER
MARSH USA ING
fWD lOGAN SQUARE
PHilADELPHIA, PA 19103
CERTIFICATE NUMBEr{
c«~, ClE.001274567..{)3
TfIIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RlmllS UPON THE CERTIFICATE HOLDER OTHER TlIAN TIIOSE PROVIOEO IN TilE
POLICY. TillS CERTIFICATE OOES NOT AMENU, EXTEND OR ALTER TilE COVERAGE
~FORDED!IV TIlE POLlClESDESCRIBEP IIEREIN"
COMPANIES AFFORDING COVERAGE
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INSURED
TOll BROTHERS, INC., ET Al
3103 PHI lMONT A VENUE
HUNTINGDON VALLEY, PA 19006
Ca\IIP !'NY
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CA 9456B
SHOULD Mil" OF THE POLICIES DESCRlaEo I'I'~"'N "" cANcELLE~ ~.mR~ THE EXPIRATION DATF THFRe,,",
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CITY OF DUBLIN, PUBLIC \!\IORKS
DEPARTMENT
100 CIVIC PLAZA
DUBLIN, CA fJ4568
l5$lJlZR. o~T"'IIS CEFHIFICATË.
MARS" UMlflC.
BY' Mary Radaszewski
-11·J¿H'j é~d t.!"~"~L.[Þ<1.,i~·
AÇORDTM
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/VY¡
08/13/2004
PRODUCErl
CERT":
117
THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALiEn THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
Willis Conslrucllon Services or NJ
242 Old New Brunswlcl\ Road, Sulle 170
Plscalaway, New Jersey 06654
iNSU-REU --------------,-- --------..-...----.---
Toll Brothers
3103 Phlll110nt Avenue
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LIberty Mutual Fire In~!:'La..!.'..~~I!.!pany_.._._m_____..___.._______."__
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INSURER C:
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Huntington Valley, PA 19006
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ANY FIEOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY
PEn rAIN, TI-IE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEI~ REDUCED BY PAID CLAIMS.
Nsn _____________n__..._________ --------.--..---- ______n_ - . ____n_________.____.~_ POLlcy'ìi:FFEcT,iji; ----......."___ _....__________n
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05/U1/2002
06/01/20U9
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lJESCr~IP1ION OF OPERATIONSlLÖCATlONSlVEIIICLES/EXCLUSIONS ADDED BY ENDŒ1SEMENTlSPE;cIAL PROVISIONS
The Terraces - AH2 - 1 OOUOO AI12 OOUO·O
flE: ENCROACHMEiH PERMIT. JOB H 104,102 WESTERN TERRACES, 3446 FINNt^N WAY, DUBLIN, CA 94566. TI·tE CITY OF DUBL.lN, IT'S OFFICERS AND EMPLOYEES
1\I1E INCLUDED AS ADDITIONAL INSUREDS WHERE REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY. COVeRAGE IS Pf1IMt~RY AND NON-
CONTf1IBUTORY WITt'l ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED. REVISED ISSUE DATE: 6113/()4
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::ERTIFICATE HOLDER
CANCELLATlON_
____~w_
.-
,'Dublin
IUU Civil' PI'ua
Dublin, CA 94568
SI-IOULD ANY OF nlE ABOVE DESCRIB"D POUCIES BE CANCELLED BEFORE HIE
EXPIRATIOI~ DATe THEREOF. THE ISSUIN(1I1~SUREn WILL ENDEAVOR TO MAIL ..~..._~y_^___
DAYS WRITTEN NOTICE TO THE CERTIFICATe HOLDHl NAMED lOTI-IE LEFT. BUT FAILURE TO
DO SO SHALL IMPOSE NO OBLIGATION on LIABILITY OF ANY KIND UPON nlE INSURER, ITS
AGENTS on REPRESENTATIVES.
AUTI-tORlZED REPnESENTAlIVE
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