HomeMy WebLinkAboutItem 4.02 Positano Fallon Vlg ImprovmtsG~~~ OF DU~~'G
/// '~t-'
19 ~~~~' `82
~~~-~~%
~
~ ~~LIFOR~~~/
STAFF REPORT C I T Y C L E R K
DUBLIN CITY COUNCIL File # ^~0~-~]~
DATE: July 19, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE . Approval of Improvement Agreement for Positano Parkway/Croak Road Extension
and Fallon Road Improvements, Neighborhoods D and E, Parcel Map 10049,
Positano/Fallon Village
Prepared By: Mark Lander, City Engineer
EXECUTIVE SUMMARY:
Braddock and Logan Services, Inc., dba Dublin RE Investors, LLC, has executed an
improvement agreement to construct street improvements on Positano Parkway, Croak Road,
and Fallon Road in order to accommodate development within Neighborhoods "D" and "E",
Parcel Map 10049, of the Positano/Fallon Village Development.
FINANCIAL IMPACT:
The Developer will construct certain public streets and improvements and will pay the cost of
construction inspection. The City requires that Performance and Labor & Materials bonds be
posted to guarantee construction of the street, grading, utility improvements and landscaping.
Pur ose of Bond Bond Number Amount of Bond
Positano Parkwa / Croak Road 723868S $3,001,416
Fallon Road 724215S $448,680
Once these improvements are accepted, the City will incur maintenance costs for City-
maintained improvements within these neighborhoods. Maintenance costs will be provided at
the time of improvement acceptance. The Homeowners' Association will be responsible for
maintaining the project-related landscape features within the public right-of-way.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving the Improvement
Agreement for Po ~tano Parkway/Croak Road Extension and Fallon Road Improvements,
Neighborhoods D~jid E, PaEcel Map 10049, Positano/Fallon Villag~
r Submitted By L~eview d
Public Works Director Assistant C' y anager
Page 1 of 2 ITEM NO. ~~ 2'
~
DESCRIPTION:
Braddock and Logan Services, Inc., dba Dublin RE Investors, LLC, currently owns the land
within Parcel Map 10049, encompassing Neighborhoods "D" and "E" of the Positano/Fallon
Village development (Attachment 1). Conditions of approval for the development require, with
the development of these two neighborhoods, that Positano Parkway be extended from its
present terminus at La Strada Drive, and that Croak Road be constructed from the new
terminus of Positano Parkway south to the southerly boundary of the development. In addition,
Fallon Road is to be improved to provide two lanes of travel in each direction from Positano
Parkway to Dublin Boulevard.
Braddock and Logan has submitted an executed Improvement Agreement, together with. the
required Performance and Labor & Material Bonds, guaranteeing the construction of the
improvements in the finro neighborhoods.
Staff has prepared a resolution approving the Improvement Agreement for Positano Parkway/
Croak Road Extension and Fallon Road Improvements, Neighborhoods D and E, Parcel Map
10049, Positano/Fallon Village (Attachment 2).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is
affirmation of the Final Map's concurrence with the approved Tentative Map. Copies of this
report have been provided to Braddock and Logan.
ATTACHMENTS 1. Location Map
2. Resolution Approving the Improvement Agreement
for Positano Parkway/Croak Road Extension and
Fallon Road Improvements, Neighborhoods D and E,
Parcel Map 10049, Positano/Fallon Village, together
with Exhibit "A", Agreement
G:\DEVELOPMENT, PRIVATE\Fallon Village (EDPO)\Parcel Map 10049\Staff Report Improvement Agreement PM 10049, 7-19-11.doc
Page 2 of 2
IN R~1NC}-1
-~~
a ~
~~
a~
n~
_ ~
~
m
z ~ ,,
---I .~
~ ~
-~
//
i
~
~
PARK
PARK
SCIi00L
LEGEND
~ ~ PHASE 1
~ ~•••••~ PHASE2
I
~ PHASE 2 BACRBONE IlVIl'ROVEMENTS
I
~
L" _"__-. _ ..
2
Positano at
Fallon Village
Phase 2 Neighborhood Key
Feb.2011 19514-01
~
N 0 R T H
mAC~Y ~ somps
CIVIL ENGINEERING•LAND PIANNING•LhND SURVEYING
PLEASANTON, CA 94588 (925) 225-0690
; ~ ~--~ C111~y - !
~
~
~ i
..... ~ !
_.
.
------- :~--- ---- - - - - -_- - ----------------------------- -- -- --~
RESOLUTION NO. -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**~******
~~,~
APPROVING THE IMPROVEMENT AGREEMENT FOR POSITANO PARKWAY/ CROAK
ROAD EXTENSION AND FALLON ROAD IMPROVEMENTS, NEIGHBORHOODS D AND E,
PARCEL MAP 10049, POSITANO/ FALLON VILLAGE
WHEREAS, the Developer, Dublin RE Investors, LLC, A California Limited Liability
Company, by Braddock and Logan Services, Inc; A California Corporation, Its Manager, has
executed and filed with the City of Dublin an Improvement Agreement for Parcel Map 10049 to
improve required subdivision improvements in accordance with the Conditions of Approval for
the Tentative Map, and with the improvement plans attached thereto; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by {nsco
Insurance Services, Inc. in the amount of $3,001,416 for the Positano Parkway/ Croak Road
Extension (Bond No. 723868S), and in the amount of $448,680 for the Fallon Road
lmprovements (Bond No. 724215S), conditioned upon faithful perFormance of said Agreement;
and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Insco
Insurance Services, Inc. in the amount of $3,001,416 for the Positano Parkway/ Croak Road
Extension (Bond No. 723868S), and in the amount of $448,680 for the Fallon Road
Improvements (Bond No. 724215S), conditioned upon payment for labor performed or material
furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said agreement and bonds are hereby
approved.
BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby
authorized to execute said Tract Improvement Agreement, attached hereto as Exhibit "A."
PASSED, APPROVED AND ADOPTED this 19th day of July, 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk , ~
ATTACHMENT
3 Iq
~
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
Positano Parkway/ Croak Road Extension and Failon Road Improvements,
Neighborhoods D and E
Parcel Map 10049 ,
Positano/ Fallon Village
This agreement is made and entered into this 19th day of July, 2011, by and between
the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Dublin RE
Investors, LLC, A California Limited Liability Company, by Braddock and Logan Services,
Inc., A California Corporation, Its Manager, hereinafter referred to as "DEVELOPER".
RECITALS
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State
of California, that DEVELOPER, the subdivider of Parcel Map 10049, also known as
Positano/ Fallon Village Neighborhoods D and E, desires to improve and dedicate those
public improvements (hereafter "The Improvements") in accordance with the requirements .
and conditions set forth in the City of Dublin Planning Commission Resolution iVo. 05-61
(PA 05-038), adopted on November 22, 2005, and City Council Resolution No. 223-05,
adopted on December 6, 2005 ;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, as follows: .
• "Phase 2 Bulk Grading Plan, Neighborhoods D and E, Fallon'; (15 Sheets, Sheets
C1-C15 and Sheets 1-4), prepared by~MacKay and Somps, Inc, approved September
24, 2010
•"Improvement Plans , Positano Parkway/ Croak Road, Phase. 2 Backbone
lnfrastructure, (13 Sheets, Sheets 1-13), prepared by MacKay and Somps, Inc,
approved April 7, 2011 .
• Fallon Village Phase 2 Positano Parkway Signing and Striping, (2 Sheets, Sheets SS-
1 to SS-2), prepared by TJKM Transportation Consuftants, dated April 2, 2011
s "Joint Trench Composite, Positano Parkway/ Croak Road Phase 2- Backbone
Infrastructure, (5 Sheets, Sheets JT1-JT5), prepared by Giacalone Utility Design and
Flanning, dated June 14, 2011 ~ ~
•"Street Lighting, Positano Parkway/ Croak Road Phase 2- Backbone Infrastructure,
(5 Sheets, Sheets JT1-JT5), prepared by Giacalone Utility Design and Planning,
dated June 14, 2011 -
• "Fallon Village Phase ll - Backbone, Dublin CA'; (39 Sheets, Sheets L0.1-L4.4),
prepared by Gates and Associates, dated June 29, 2011 --------- -- --
EXHI~IT ~
1 -
To the Resolution
~ ~~
"Fallon Road Widening Bond Exhibit, Scenario #2'; prepared by MacKay and Somps,
dated June 21, 2011, attached to~this agreement as Exhibit "A".
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of
dedication of The Improvements in consideration for DEVELOPER's satisfactory perFormance
of the terms and conditions of this Agreement; and
WHEREAS, CITY has determined that The Improvements are a public works subject
to Caiifornia 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
said work not later than two years following said date of execution of tfiis agreement, unless ~
the completion date is extended by the City Council. Time is of the essence in this
Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and
reproducible set of final as-built plans of The Improvements, including any authorized
modifications. `
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement is
agreed to be as presented .in the Bond Estimate - Fallon Village - Phase 2 Backbone
Infrastructure, dated March 2011 prepared by MacKay & Somps ($3,001,416), and Bond
Estimate - Fallon Road Widening (12' and 14' Lane), Scenario #2, dated June 2011
prepared by MacKay & Somps ($448,680), attached to this agreement as Exhibits "B" and
"C". Said amount.includes costs ancl reasonable expenses and fees which may be incurred
in enforcing the obligation secured.
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 du{y and {egally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfa~tarily completed.
5 I°~
~
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 af
California, or an instrument of credit equivalent to one-hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall
be paid therefor..
C. If required by CITY, a cash deposit, corporate surety bond, or instrument of
credit sufficient to assure CITY that the surFace water drainage of the subdivision shall not
interFere with the use of neighboring property, including public streets and highways.
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.
3. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or
cause to be obtained and filed with the CITY, all insurance required under this paragraph.
Prior to the commencement of work under this Agreement, DEVELOPER's general contractor
shall obtain or cause to be obtained and filed with the Administrative Services Director, all
insurance required under this paragraph. DEVELOPER shall not allow any contractor or
subcontractar 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 complefion of
work under this Agreement and the final acceptance thereof by CITY. All requirements
herein provided shall appear either in the body of the insurance policies or as endorsements
and shall specifically bind the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:~
1) ~Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form
CG 0001.)
than:
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1"any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less
1) General Liabilitv: $1,000,000 combined single limit per occurrence for
bodily injury, personal injuryand property damage. If commercial General
3
~ l~
Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the CITY. At the option of the
CITY, DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses. -
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability Coveraqes.
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 Coveraqe.
4
~ ~~
The insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses arising from
work performed by the DEVELOPER for the CITY.
3) All Coverages.
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended,. voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the CITY.
a) Acceptability of Insurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:VII.
b) Verificatian'of Coveraqe. DEVELOPER shaVf furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be received and
approved by the CITY before work commences. The CITY
reserves the right to require complete, certified copies of all
required insurance policies, at any time.
c) Subcontractors. DEVELOPER and/or DEVELOPER's general
contractor shall include all subcontractors as insureds under its
policies or shall obtain separate"certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
4. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all
supplies, materials and devices of whatsoever nature incorporated in, or attached to the
work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be
free of all defects of workmanship and materials for a period of one (1) year after initial
acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such
work or material, together with all or any other work or materials which may be displaced or
damaged in so doing, that may prove defective in workmanship or material within said one-
year guarantee period without expense or charge of any nature whatsoever to CITY.
DEVELOPER further covenants and agrees that when defects in design, workmanship and
mat~rials actually appear during the one-year guarantee period, and have been corrected,
the guarantee period shall automatically be extended for an additional year [HOLD]to insure
that such defects have actually been corrected.
5
~ 1~
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
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 fiave the right to
immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY
on demand all costs and expense of.such repair. The foregoing statement relating to
hazards to health and safety shall be deemed to include either temporary or permanent
repairs which may be required as determined in the sole discretion and judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or
replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual
costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses
for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30)
days from the date of billing for such work or repairs.
5. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representative for the safe and convenient inspection of the work throughout its
construction. Said CITY representative shall have the authority to reject all materials and
workmanship which are not in accordance with the plans and specifications, and all such
materials and or work shall be removed promptly by DEVELOPER and replaced to the
satisfaction of CITY without any expense to CITY in strict accordance with the improvement
plans and specifications.
6. Aqreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of
CITY, which shall not be unreasonably withheld, denied, or delayed.
7. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
,
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable
part 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
arty of the provisions ofi this Agreement, the CITY through its City Engineer may serve written
6
~1 1°i
~
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.
All notices herein required shall be in writing, and delivered in person or sent by
registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Mark Lander, City Engineer _
City of Dublin
100 Civic Plaza
Dublin, CA 94568
(925)-833-6630
Notices required to be given to DEVELOPER shall be addressed as follows:
Jeff Lawrence ~ '
Braddock and Logan Services, Inc.
4155 Blackhawk Drive, Ste.l201
(925)- 736-4000 -
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Susan Long
Barney and Barney
1999 Harrison Street, Ste.1230 -
Oakland, CA 94612-3533
(510)-273-8888
Any party or the surety may change such address by notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
8. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all
streets and improvements within the work to be performed under this Agreement shall be at
~~ ~ l~
the sole and exclusive risk of DEVELQPER. The issuance of any building or occupancy
permit by CITY for dwellings located within the tract shall not.be construed in any manner to
constitute a partial or final acceptance or approval of any or all such improvements by CITY.
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.
9. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as
may be necessary to prevent accidents to the public and damage to the property.
DEVELOPER shall furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of all work
to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights,
and other safety devices (except such safety items as may be shown on the plans and
included in the items of work) shall be removed from site of the work by the DEVELOPER,
and the entire site left clean and orderly.
10. Acceptance of Work.
Upon notice of the completion of all tract work and the delivery of a set of final as-built
plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated '
representative, shall examine the tract 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.
11. Patent and Copyriqht Costs.
In the event that said plans and specifications require the use of any material, process
or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be
liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including
attorneys' fees and court costs, which may result from the use of said patented or copyrighted
material, process or publication. -
12. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of
this Agreement or any provision of this Agreement shall not operate to release any surety or
sureties from liability on any bond or bonds attached hereto and made a part hereof, and
consent to make such alterations is hereby given, and the sureties to said bonds hereby
waive the provisions of Section 2819 of the Civil Code of the State of California.
13. Liabilit .
8
ii ~
~
A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will not adversely affect any portion of
adjacent properties and that all work will be performed in a proper manner.
DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and
each of its elective and appointive boards, commissions, officers agents and
employees, from-and against any and all loss, claims, suits, liabilities, actions,
damages, or causes of action of every kind, nature and description, directly or
indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
independent contractors in connection with DEVELOPER'S actions and obligations
hereunder; provided as follows:
1) That CITY does not, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold harmless
agreement, because of the acceptance by CITY, or the deposit with CITY by
DEVELOPER, of any of the insurance policies described in Paragrapli 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
[STAYS], or approved of plans and/or specifications for the subdivision, or
regardless of whether or not such insurance policies shall have been
determined to be applicable to any of such damages or claims for damages.
3) Desiqn Defect. If, in the opinion of the CITY, a design defect in the
work of improvement becomes apparent during the course of construction, or
within one (1) year foll'owing acceptance by the CITY of the improvements, and
said design defect, in the opinion of the CITY, may substantially impair the
public health and safety, DEVELOPER shall, upon order by the CITY, correct
said design defect at his sole cost and expense, and the sureties under the
Faithful Performance and Labor and Materials Bonds shall be liable to the CITY
for the corrective work required. [STAYS]
4) 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 paragraph 3.
14. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
9
i~ . Lq
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:
Joni Pattillo, City Manager
ATTEST:
City Clerk
DEVELOPER
Dublin RE fnvestors, LLC, A California Limited Liability Company
By Braddock and Logan Services, Inc., A California Corporation, Its Manager
By: - 5~~~=
~.J~~ ~-. ~'~'~~
Print Name
~
Title
G:IDEVELOPMENT, PRIVATE1Fallon Village (EDPO)IParcel Map 100491Positano Rkwy Croak Road Parcel Map improvement agmt.tloc
~~
~3 .1~
~
CALIFOR@VIA ALL-Pd1RPOSE ACI(MlOVVLEDGMEBVY
State of California
County of
C;~,J ; /'~ A ~~;5 ~ I~
on 7~~~11
Date
personally appeared
_ before me, /~ ~ ~~ ~ ° ~~3 ~~~ , -~C~TA'~~-1 ~'Lf C~LI C
(''~ Here Insert Name and Tit the Of(icer ~
~~" ~ ~C• ~/'~1L1• % r ~_J~~ '(~ ~
who proved to me on the basis of satisfactory evidence to
be the person(~ whose name~ d's7~subscribed to the
within instrument and acknowledged to me that
~/sf~fti~q~ executed the same in ~/~~ authorized
capacity(~), and that b is~ ~tt-signature(~ on the
instrument the person(~1, or the entity upon behalf of
.~
NANCY E. EMBREY which the person(',a~ acted, executed the instrument.
Commission # 1859710
_.-d Notary Public - Caiifornia D I certify under. PENALTY OF PERJURY under the laws
z M Contra Costa County ' of the State of California that the foregoing paragraph is
y Comm. Expires Aug 1, 2013 ~
true and correct.
WITNESS my hand and official seal.
Signature ~ ~ ~
Place Notary Seal Above S' n ture of Notary Public
OPTIONAL
Though the information below rs not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
^ Individual
^ Corporate Officer - Title(s):
^ Partner - ~ Limited ^ Ge
^ Attorney in Fact
^ Trustee
^ Guardian or Co ervator
^ Other:
Signer Js'~iepresenting:
.
Top of thumb here
Nu~ of Pages:
Signer's Name:
O Individual
^ Corporate Officer - Title(s): _
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing
.
Top oi thumb here
:
,~
~
OO 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item N5907 Reorder. Call Toll-Free 1-800-676-6827
/
//
/
. .
~
~, -~ CdlfqN~IO IX P~~fYRlf -%
... ~._._.._......~Il1) '' \
IX LL1X111E f41IX1 ^R.ID p~ypl(H
~i
~O LLPAI+rt 14nw1 / ~p ~fi wa~ / ~ ~
I
_ -
w . _,''{
~
.".... __._. ...,..
. ..................
. .. ..
,,.
..
... ....
'7"
.~ . .... , .-... FYIDOf%mSMk
"-'
.]
....._ .. ...._....
~ _ _.
.....- . _ . - _ _ _ NSINL f90 MLi (})
_ ' _ ' . -- - iAUSr m ww~olF ~o
-
U
_ ' . .. .__
._._. . _.....
_.._. . . . . .. ~. ~ ... .._........ . .
_ -
' . ...._.....
...
. .. IDA151 A IWYIOIE 10 ~ ~ `~ 1
y~
, . .~".. ....._ .. . .... _ ..
lDMISf 50 WNNOIL IO .
~~ fPHf (]) N4II:
Z^
~
Q
_
' ~ ' (
)
,~p~g p µµ~ p rvusi uyq (2)
m4yi 0'uq } ~
~~ ~~ M~ ~ MOdfY E%1511NG tE1APORARf SiRIPINC
~i ~~(2~ h SICNACE FOF 2-NEW NORM BOUND
~
'"/D.1/51 SD k ss . -~ .
.~- - ~wus~ R awnE N
iM91 W-f (1) VNES (l)
`•~I~CNFliKN~~...--'' ':~~.', i
LEGEND
~ ~~
~ 1
~ .
~ SCENPRIO /f (27~
:OROAN RNICH DpES NOT MOYL FORWARD IN 1011.
BFCDDOCK k LOGAN wILL 60ND FOR
O CONSiRUL110N Of 2 NLL INfEitlOft I/NEi (12' .
UNE k t1Y LWE)
I"~• ~
~
A~
E% VvYi
lV ~ i
y oz~
~ - ' SUIF:i'.Sp'
~ ~ PWT REUOVAI
\V
~ V FALLON ROAD WID NINO ~~
~ ~ I
~ BONDINO EXHIBIT
~ BCENARIO t2
~ , arc av ouazw fi.Lroa
~t , ,I~RY~RI Q ml~s
~
~rad~Y'Fd~..T°~1ffi'°~'.'~,"~8 ~°`6&S'~° m.
~v.nncMPrn,.uw.~,~._~.w~.v.-..a+wu.c.~~-p~~o~~~ =~ =s~ ~~
I
I
J
15~ ~~
BOND ESTIMATE ~s5~a-o~a
FALLON VILLAGE 3~24~~~
Phase 2 Backbone Infrastructure
POSITANO PKWY. & CROAK RD. IMPROVEMENTS (La Strada to Mandeville south bndy.)
Note: Improvement item s and quantities for Positano Pkwy and Croak Rd. On-site are based on 3rd submittal plans for
Phas e 2 Backbone Improveme nts, dated Mar. 24, 2011.
ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. STREETWORK ,
1. 257,000 SF Finish grading street 0.40 $102,800
2. 128,738 SF 6" AC Pavement on Positano Parkway & Croak Rd. 2.70 347,590
3. 128,738 SF 18" AB on Positano Parkway & Croak Rd. ' 3.24 417,110
4. 47,200 SF 4" AB under sidewafk, multi-use trail and driveway . 0.72 33,980
(includes handicap ramps)
5. 11,700 SF 4" AB under curb & gutter 0.72 8,420
6. 950 SF 11" AB at end of Croak Rd. for turn-around . 1.98 1,880
7. 5,420 SF 12' Multi-use Trail (3" AC on 9" AB) 2.97 16,100
8. 11 EA Standard City of Dublin street monument 300.00 3,300
9. 2 EA Stop and street name sign 450.00 900
10. 2 EA Stop bar & legend 600.00 1,200
11. 6 EA Traffic signs 220.00 1,320
12. LS Traffic striping 5,000
13. 7 EA Pavement reflectors at fire hydrants 25.00 180
14. 200 LF Street Barricades 35.00 7,000
15. 600 LF 4-ft retaining wall alonc7 sides of Positano Pkwy. 80.00 48 000
ESTIMATED TOTAL STREET WORK: $994,780
B. CONCRETE WORK
1. 4,230 LF Median Curbs (including subdrain) 24.00 $101,520
2. 5,850 LF Standard curb 8~ gutter measured thru driveways 15.00 87,750
3. 3,600 SF 8" Concrete Bus turnout (w/ reinforcement) 10.00 36,000
4. 4 EA 6" Concrete pad (6'x20') for future bus shelter 750.00 3,000
5. 20 EA Curb inlet for S.D. junction box , 4,200.00 84,000
6. 46,700 SF 4" Sidewalk, multi-use trail 8~ handicap ramps (8' 4.00 186,800
wide walk)
7. 8,300 SF 4" Future sidewalk along frontage of future school 4.00 33,200
8. 225 . 6" Driveway approach (trail access) 6.00 1,350
9. 14 EA Armor-tile domes in handicap ramps 400.00 5,600
10. 5,850 LF 4" SDR drain under curb & gutter 9.50 55,580
11. 190 LF Rolled curb at traffic circle 18.00 3,420
12. 126 LF Vertical curb at traffic circle 22.00 2,770
13. 1,575 SF Textured concrete at traffic circle 12.00 18,900
ESTIMATED TOTAL CONCRETE WORK: $619,890
EXHIBIT ~
To the Agreement
P:\19514\office~Estimates\1951401&324-11FallonVllage-Ph2-Backbone-Posifano-Croak-Bond-Est-REV.xIS 1 of 3
i6 ~ ~~
BOND ESTIMATE 195 4-01B
FALLON VILLAGE 3~24~~~
Phase 2 Backbone Infrastructure
ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
C. STORM DRAIN WORK
1. 9 EA Manholes including reset to finish grade 4,000.00 $36,000
2. ~ 1 EA Oversized manhole including reset to finish grade 7,500.00 7,500
(for pipes over 36")
3. 1 EA Concrete Diversion structure (per Alameda Co. Std. . 10,000.00 10,000
Dtl. SD-400) ~
4. 478 LF 48" Storm drain 135.00 64,530
5. 175 LF 36" Storm drain 110.00 19,250
6. 3,710 LF 24° Storm drain 60.00 222,600
7. 56 • LF 18" Storm drain 45.00 2,520
8. 522 LF 15" Storm drain 40.00 20,880
9. 158 LF 4" Storm drain leaders to medians ~ 25.00 3,950
10. LS Steel plate culvert with concrete end treatment 400,000
11. 1 EA Field Iniet (Alameda Co. Std. Dtl. SD-426~ 1,800.00 1,800
ESTIMATED TOTAL STORM DRAIN WORK: $789,030
D. ELECTRICAL/JOINT TRENCH
1. 10 EA Double arm "Decorative" electrolier including conduit 5,000.00 $50,000
8~ boxes
2. 26 EA Single arm "Decorative" electrolier including conduit 3,500.00 91,000
& boxes
3. 2,885 LF Joint trench (length of improvements) 60.00 173,100
ESTIMATED TOTAL ELECTRICAL WORK: $314,100
E._ MISCELLANEOUS CONSTRUCTION
1. 420 LF 6" Irrigation sleeves 18.00 $7,560
2. 60 LF Chain link fence and double gate (end of Croak Rd.) 15.00 900
3. 230 LF Graded earth swale and erosion control mattin 10.00 2 300
ESTIMATED TOTAL MISC. CONSTRUCTION: $10,760
P:119514\office~Estimates11951401&32411FallonVllagc>Ph2-Backbone-Positano-Croak-Bontl-Est-REV.xIs 2 Of 3
~ BOND ESTIMATE
FALLON VILLAGE
Phase 2 Backbone Infrastructure
POSITANO PKWY. 8~ CROAK RD. IMPROVEMENTS - COST SUMMARY
A STREETWORK
B CONCRETE WORK
C STORM DRAIN WORK
D ELECTRICAL/JOINT TRENCH
E MISCELLANEOUS CONSTRUCTION
-~~ ~~
9514 01 B
3/24/ 11
$994,780
$619,890
$789,030
$314,100
$10,760
ESTIMATED CONSTRUCTION COST: $2,728,560
CONTINGENCY (10%): $272,856
TOTAL BOND ESTIMATE: $3,001,416
NOTES
1. Costs presented herein represent an opinion based on historical information. No provision has been made for
inflation.
2. This estimate does not inciude costs associated with right-of-way acquisition or temporary grading/construction
easements.
3. This estimate does not include Professional Consultant design fees (civil, geotechnical, landscape, etc.)
4. The lump sum price for the steel plate circular (CMP) culvert was estimated based on input from Contech Inc. The
structure is assumed to be a circular steel plate (CMP) culvert with no footings, including structural backfill inside and
outside, flowline rip-rap protection and decorative concrete end treatments.
5. Landscapng at traffic circle is estimated based on the recently constructed traffic circle at Salerno Drive and Vanucci
Way in Neighborhood B.
6. Per VTM Tract 7586 Condition of Approval No. 46 - traffic signais are not required for any of the Phase 2 Positano.
Pkwy intersections. The existing signal at Positano Pkwy / La Strada Dr. is the most easterly traffic signal required
by COA No. 46.
Prepared by the firm of
MACKAY 8~ SOIVIPS
P:\195141office~Estimates\1951401&32411FallonVllage-Ph2-Backbonc Positano-Croak-Bond-Est-REV.xis ' 3 Of 3
ond Estimate
FALLON ROAD WIDENING (12' & 14' LANE)
SCENARIO #2
DUBLIN, CALIFORNIA
(Based on Bonding Exhibit Dated 6-21-2011)
ITEM QUANTITY UNIT DESCRIPTION ~
IT PRICE ~ a a9~319-01
/~6/24/2011
JBM
-
MOUNT
A. GRADING AND STREETWORK
1 . 63,750 SF Fine Grading (preparation of subgrade) 0.30 $19,130
2 . 2,000 LF Conform / drainage grading 5.00 $10,000
~ 3 . 63,750 SF 6"A.C. pavement including seal coats and 2.00 127,500
conforms
4 . 63,750 EA 24" Class ll Aggregate Base 2.00 127,500
5 . 1 LS Signing and Striping (Temporary striping) 15,000.00 15,000
6 . 1 LS Striping modification on ex Fallon Road 20,000.00 20,000
7. 750 LF Conform to existing pavement section 10.00 $7,500
8. 5,940 SF Sawcut & remove ex. Pavement 3.00 $17,820
ESTIMATED TOTAL GRADIPIG AND STREETWORK: $344,450
B. CONCRETE WORK
1. 1,420 LF Median curb w/ subdrain 22.00 $31,240
ESTIMATED TOTAL PAVEMENT WORK: $31,240
C. UTILITY WORK ~
1• ~ 12 EA Adjust existing manhole to finish grade 600.00 $7,200
2. 40 LF ~ 36" RCP storm drain pipe - Extend 100.00 $4,000
3. 40 LF 10"SS - Extend 55.00 $2,200
4. 70 LF Extend ex SD later.al 40.00 $2,800
5. 1 EA Install field inlet • 2,000.00 $2,000
6. 1 EA Install Catch Basin 4,000.00 $4,000
ESTIMATED TOTAL UTILITY WORK: $22,200
D. MISCELLANEOUS
1. , 1 LS Traffc.Control ~ 10,000.00 $10,000
ESTIMATED TOTAL MISCELLANEOUS WORK: $10,000
SUMMARY
A GRADING AND STREETWORK 344,450
B PAVEMENT WORK 31,240
C UTILITY WORK . 22,200
D MISCELLANEOUS 10,000
SUBTOTAL CONSTRUCTION: $407,890
CONTINGENCIES (10%): $40,790
ESTIMATED TOTAL CONSTRUCTIOPV COST $448,680
EXHI~IT C
19319.01-scenano2.20110579BL Page 1 of2
To
the Agreement -
~ ! ",(1 ~-01
~~ 6/~4/2
011
JBM
NOTES:
1. 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 judgment, is sufficient to satisfy our understanding of the purposes
of this estimate. MacKay 8~ Somps makes no warranty, either expressed or implied, as to the accuracy of this
3. This estimate does not consider the following: -
a. Land costs, acquisition of Right of Way, easements, and/or rights of entry.
b. Fees for assessment, lighting & tandscaping, GHAD, Mello Roos districts or the like.
c. Fencing ,
d. Costs associated with trench shoring. , ~
e. Fees due at building permit
f. Phased construction or out of regular sequence construction.
g. Tree preservation systems.
NOTES icont):
h. Landscaping 8~ associated design costs
I. Financing and overhead charges.
j. Costs associated with Endangered Species and Wildlife Conservation.
k. Cost associated with Corps of Engineers, Fish and Game, Fish and Wildlife and Wetlands permitting.
I. Costs associated with overexcavation of unsuitable material.
4. Costs presented herein are estimated based on historical information. No provision has been made for inflation.
5. As noted above this estimate does not include costs associated with right-of-way acquisition or temporary
grading/construction easements.
6. This estimate is for construction costs, engineering ciesign and staking costs only and does not include plan check
and inspection fees, permit.fees, bonding costs, construction management or administration costs. .
Prepared by the firm of
MACKAY & SOMPS
19319.01-scenano2-20110579BL ~ ~ Page Z Qf 2