HomeMy WebLinkAboutItem 4.3 Jordan Ranch Tr 8024or
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STAFF REPORT
CITY COUNCIL
December 6, 2011
CITY CLERK
File #600 -60
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager""'
SUBJECT: Approval of Final Map and Tract Improvement Agreement, Approval of
Agreement for Long -Term Encroachment for Landscape Features, and
Acceptance of Park Land Dedication In -Lieu Credits for Tract 8024, Jordan
Ranch, Phase One, and Annexation of Tract 8024, Jordan Ranch to the Dublin
Ranch Street Lighting Maintenance Assessment District No. 99 -1 (Mission Valley
Properties)
Prepared by Mark Lander, City Engineer
EXECUTIVE SUMMARY:
Mission Valley Properties, dba BJP -ROF Jordan Ranch LLC, is filing a Final Map for Tract 8024
(Jordan Ranch, Phase One) to create 59 individual lots for the construction of homes.
FINANCIAL IMPACT:
Park Land dedication requirements are proposed to be satisfied with Park Land Credits held by
the Developer. Credits are being used to satisfy $600,030 in Community Park Land Fees due.
Credits are also being used to satisfy $320,606 in Neighborhood Park Land Fees due. 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 are
posted to guarantee construction of the street, grading, utility improvements and landscaping.
Purpose of Bond
Bond Number
Amount of Bond
On Site Tract Improvements
0571493
$625,183
Off Site Fallon Road Improvements
0571492
$498,635
Central Parkway Improvements
0571494
$2,976,640
Once these improvements are accepted, the City will incur maintenance costs for City -
maintained improvements within Tract 8024. Maintenance cost information 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 take the following actions: 1) Adopt the Resolution
Approving Final Map and Tract Improvement Agreement for Tract 8024, Jordan Ranch, Phase
One; 2) Adopt the Resolution Approving the Agreement for Long Term Encroachment for
Landscape Features for Tract 8024, Jordan Ranch, Phase One; 3) Adopt the Resolution
Page 1 of 3 ITEM NO. 4.3
Accepting Park Land Dedication In -Lieu Credits for Park Land Dedication Requirements for
Tract 8024, Jordan Ranch, Phase One, and 4) Adopt the Resolution Ordering the Annexation of
Jordan Ranch (Tract 8024) to the Dublin Ranch Street Lighting Maintenance Assessment
District 99 -1.
u
Submit ed By
Public Works Director
DESCRIPTION:
Submitted By
Administrative Services
Director
(9/t,"'. ""I., /" -
Reviewed by
Assistant City Manager
Mission Valley Properties, dba BJP -ROF Jordan Ranch LLC, is filing a Final Map for Tract 8024,
Jordan Ranch, Phase One to create 59 individual lots (Attachment 1).
The Final Map for Tract 8024 dedicates the rights -of -way for Jordan Ranch Drive, Alta Terra
Road, Valley Vista Drive, Bassetts Way, Whitehorse Way, Avery Way, Vinton Avenue, Fallon
Road, Positano Parkway, and Central Parkway, as well as a public service easement, an
emergency vehicle access easement, and a public access easement, The map also reserves a
4.99 -acre neighborhood park parcel (Parcel "D ") and a 10.08 -acre community park parcel
(Parcel "E ") to be dedicated by separate instrument. Additionally, the developer has bonded for
park(s) improvements. The map dedicates three parcels (Parcels "C ", "F ", and "I ") as well as a
storm drain easement to the Fallon Village Geologic Hazard Abatement District, and dedicates
to the public a trail easement across the GHAD Parcel "I ".
The Final Map for Tract 8024 has been reviewed and found to be in conformance with the
Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No.
10 -25 on May 11, 2010. The Developer has submitted an executed Tract Improvement
Agreement, together with the required Performance and Labor & Material Bonds.
The Agreement for Long Term Encroachment for Landscape Features for Tract 8024 provides
for the Homeowners' Association to maintain project - related landscape features within the public
rights -of -way, including planter strips, sidewalks, and street trees.
Staff has prepared a resolution approving the Final Map and Tract Improvement Agreement for
Tract 8024, Jordan Ranch, Phase One (Attachment 2 and 3), and a resolution approving the
Agreement for Long Term Encroachment for Landscape Features for Tract 8024, Jordan Ranch,
Phase One (Attachment 4 and 5).
Park Land Dedication Requirements
Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land
or pay a fee in lieu of dedicating such land as a condition of final map approval.
Mission Valley Properties has satisfied Community and Neighborhood Park Land requirements
as a result of reserving and bonding for both Community and Neighborhood Park sites as part of
this final map. The park sites are in excess of the park land dedication requirements for the 59
residential lots created as part of Tract 8024. The following table shows how Mission Valley
Properties will satisfy the Park Land requirements for Tract 8024:
Page 2 of 3
Dedication
Fees In -Lieu of
Mission Valley
Requirement
Dedication
Compliance
Community Park Land 0.6608 acres
$600,030
Use of Credits
Neighborhood Park Land 0.2832 acres
$320,606
Use of Credits
The calculation of the acreage required and /or in -lieu fees are determined in accordance with
City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution which outlines the
requirements and how Mission Valley Properties will achieve compliance (Attachment 6).
Annexation to Landscape and Lighting District 99 -1
The Dublin Ranch Street Lighting Maintenance Assessment District No. 99 -1 (the "District ")
funds the electric energy, maintenance, and repair costs associated with the decorative street
lighting within Dublin Ranch. This assessment district was formed in 1999 at the request of the
developers of Dublin Ranch Phase I. When the District was created, it was intended that as
additional land within Dublin Ranch and Eastern Dublin developed, the new territory would be
annexed to the District and would be subject to the assessment. The City annexed to the
District the Clifden Parc (Tract 7067) development in 2000, Dublin Ranch Areas A and G in
2001, Dublin Ranch Areas B, C, F, and H in 2005, and Fallon Village (Tract 7586) in 2007.
Mission Valley Properties has submitted a petition requesting and consenting to the annexation
of this Tract to the District (Attachment 7). These petitions waive the resolutions, reports,
notices of public hearing, and the right of majority protest otherwise required by the Landscaping
and Lighting Act of 1972 for annexation to the District. A list of the property owners and
respective property descriptions is contained in Exhibits "A" and "B" of the Petition, Exhibit "A" of
the Resolution (Attachment 8).
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 Mission Valley Properties.
ATTACHMENTS: 1. Reduced Copy of Final Tract Map 8024
2. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 8024, Jordan Ranch, Phase One
3. Exhibit "A" to Resolution, Tract Improvement Agreement
4. Resolution Approving the Agreement for Long Term Encroachment
for Landscape Features for Tract 8024, Jordan Ranch, Phase One
5. Exhibit "A" to Resolution, Long Term Encroachment Agreement
6. Resolution Accepting the Parkland Dedication In -Lieu Fees and
Credits for Park Land Dedication Requirements for Tract 8024,
Jordan Ranch, Phase One)
7. Resolution Ordering the Annexation of Jordan Ranch (Tract 8024) to
Dublin Ranch Street Lighting Maintenance Assessment District No.
99 -1,
8. Exhibit "A" to the Resolution, Petition for Annexation
Page 3 of 3
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RESOLUTION NO. -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 8024, JORDAN RANCH, PHASE ONE
WHEREAS, the Final Map for Tract 8024, 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 provisions of the Subdivision Map Act of the State of California and the City of
Dublin Municipal Code; and
WHEREAS, the Developer, BJP -ROF Jordan Ranch LLC, has executed and filed with
the City of Dublin a Tract Improvement Agreement for Tract 8024 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
International Fidelity Insurance Company in the amount of $625,183 for the in -tract
improvements (Bond No. 0571493), in the amount of $498,635 for Off -Site Fallon Road
Improvements (Bond No.0571492), and $2,976,640 for Central Parkway Improvements (Bond
No. 0571494) conditioned upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by
International Fidelity Insurance Company in the amount of $625,183 for the in -tract
improvements (Bond No. 0571493), in the amount of $498,635 for Off -Site Fallon Road
Improvements (Bond No.0571492), and $2,976,640 for Central Parkway Improvements (Bond
No. 0571494) 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."
BE IT FURTHER RESOLVED that the Final Map of Tract 8024 be and the same is
hereby approved, and that rights to the areas marked as Fallon Road, Central Parkway, Jordan
Ranch Drive, Alta Terra Road, Bassetts Way, Whitehorse Way, Avery Way, Valley Vista Drive,
Vinton Avenue, and Positano Parkway, Public Service Easement (PSE), Emergency Vehicle
Access Easement (EVAE), Public Access Easement (PAE), and Trail Easement offered for
dedication to public use in conformity with the terms of dedication be, and they 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.
1
PASSED, APPROVED AND ADOPTED this 6th day of December, 2011, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
2
Mayor
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 8024
This agreement is made and entered into this day of , 2011, by and between the
City of Dublin, a municipal corporation, hereinafter referred to as "CITY ", and BJP -ROF Jordan Ranch
LLC, 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 Tract No. 8024, desires to improve those
improvements (hereafter "The Improvements ") required by City of Dublin Planning Commission
Resolution No. 10 -25 adopted on May 11, 2011 for Tract 8024 in accordance with the requirements
and conditions set forth in said resolution, the requirements of the Subdivision Map Act of the State of
California, the Subdivision Ordinance of the CITY, and those certain plans for said development
entitled:
• Improvement Plans, Tract 8024, Jordan Ranch (16 Sheets, Sheets 1 -16), prepared by
Ruggeri- Jensen -Azar and signed by the City Engineer on May 9, 2011.
• Off -site Improvement Plans, Tract 8024, Jordan Ranch (21 Sheets, Sheets 1 -12 and TS -1
thru TS -9), prepared by Ruggeri- Jensen -Azar and signed by the City Engineer on May 9,
2011.
• Improvement Plans/ Grading Plans, Central Parkway, Stn. 11 +09 to Stn. 22 +39.19 (15 Sheets,
Sheets 1 -9 and S1 -S5), prepared by Ruggeri- Jensen -Azar dated September 16, 2011 and as
may be revised prior to approval by the City Engineer.
• Joint Trench Composite & Street Lighting Plans for Mission Valley Homes Jordan Ranch
Phase I — Tract 8024 (22 Sheets, Sheets JT1 -JT10, SL1 -SL4, E1 -E4, and G1 -G4), prepared
by Giacalone Utility Design and Planning and approved by the City Engineer on June_ 16,
2011.
• Joint Trench Composite & Street Lighting Plans for Mission Valley Homes Jordan Ranch
Central Parkway— Tract 8024 (4 Sheets, Sheets INT1 -INT2 and SL1 -SL2), prepared by
Giacalone Utility Design and Planning dated September 20, 2011 and as maybe revised prior
to approval by the City Engineer.
• Rough Grading Plans, Tract 8024, Jordan Ranch (19 Sheets, Sheets 1 -10, S1 -S2, and
Remedial Grading Plan G -1 thru G -6), prepared by Ruggeri- Jensen -Azar and signed by the
City Engineer on March 22 , 2011.
• Tract 8024 Jordan Ranch Landscape Plans, Phase One: On -Site (26 Sheets, Sheets L0.1-
L3.1), prepared by Gates & Associates and signed by the City Engineer on September 12,
2011,
• Tract 8024 Jordan Ranch Landscape Plans, Phase One: Off -Site (23 Sheets, Sheets L0.1-
L4.2), prepared by Gates & Associates and signed by the City Engineer on September 12,
2011.
• Tract 8024 Jordan Ranch Landscape Plans, Phase One: Central Parkway (18 Sheets, Sheets
L0.1- L3.2), prepared by Gates & Associates and signed by the City Engineer on September
12, 2011.
• Tract 8024 Jordan Ranch Landscape Plans, Phase One: Frontyard/ Planter Strips (35 Sheets,
Sheets 1-0.1- 1-4.2), prepared by Gates & Associates dated September 12, 2011 and as may be
revised prior to approval by the City Engineer.
1
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;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The
Improvements in consideration for DEVELOPER's satisfactory performance of the terms and
conditions of this Agreement; and
WHEREAS, CITY has determined that the portion of The Improvements that will be accepted
by the City as Public improvements are a public works subject to California prevailing wage
requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows:
1. Completion Time.
DEVELOPER shall complete said work not later than two years following said date of
execution. Time is of the essence in this Agreement. 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.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement are
presented in the Bond Estimates for Tract 8024 for On -site Improvements and Grading, dated
November 1, Bond Estimates for Tract 8024 for Off -site Improvements and Grading, dated November
1, 2011 and the Bond Estimates for Tract 8024 Central Parkway Improvements and Grading, dated
September 16, 2011, prepared by Ruggeri- Jensen -Azar and are agreed to be as follows:
• Tract 8024 On -site Improvements (Streets, Joint Trench Street- lighting,
and Landscaping) $625,183
• Tract 8024 Off -site Improvements (Streets, Joint Trench, Street Lighting,
Traffic Signals, and Landscaping) $498,635
• Tract 8024 Central Parkway Improvements and Grading (Streets,
Joint Trench, Street Lighting and Landscaping) $2,976,640
Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing
the obligation secured. Said amount reflects that the Tract 8024 On -Site and Tract 8024 Off -Site
improvements are currently 75% complete (bond is for 25% of full amount) and the Central Parkway
Improvements are 0% complete (bond is for 100% of full amount). The bond estimates are attached
as Exhibits A -C to this agreement,
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:
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 per cent (100 %) of the estimate set forth in Paragraph
2
2 and sufficient to assure CITY that The Improvements will be satisfactorily completed (collectively,
the "Faithful Performance Bond").
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 therefore (collectively, the "Labor and Materials
Bond").
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision
Map Act.
3. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to
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 (if different than
Developer) 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 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 body of the
insurance policies or as endorsements and shall specifically bind the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability; or Insurance Services Office
Commercial General Liability coverage ( "occurrence" form CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the State
of California and Employers Liability Insurance.
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than:
1) General Liabilitv: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
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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. DEVELOPER hereby declares that
the insurance required under Paragraph 3(B)(1) contains (i) a $1,000,000 per occurrence self-
insured retention for Bodily Injury and Property Damage Liability, (ii) a $2,000,000 per
occurrence self- insured retention for third party action over actions and (iii) a $7,500,000 per
occurrence self- insured retention for Home Builder's Limited Warranty Coverage, Construction
Damage Liability Coverage and Fungi and Related Medical Payments ( "GL SIR's "). The CITY
hereby approves the GL SIR's.
D. 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.
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.
Notwithstanding the foregoing, if an endorsement that would provide for thirty (30)
4
days' prior written notice prior to one or more of the above actions is not commercially
available, DEVELOPER shall be excused from providing an endorsement covering
said action or actions, provided that in such circumstances, DEVELOPER shall give
written notice to the CITY as soon as is practicable if DEVELOPER learns that its
coverage has been suspended, voided, cancelled by either party or reduced in
coverage or in limits.
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 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 certify 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 provided;
however, that if the policies are not yet available, the City will accept
copies of the applicable binders.
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
workmanship and materials actually appear during the one -year guarantee period, and have been
corrected, the guarantee period for the defected items shall automatically be extended for an
additional year from the date of the completion of the repair to insure that such defects have actually
been corrected.
In the event the DEVELOPER shall 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 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
5
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. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY.
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 any of the provisions of this
Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and
DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion,
thereof, and default of DEVELOPER, and DEVELOPER shall have fifteen (15) days after receipt of
such written notice to cure such default; provided that, if such cure cannot be reasonably effected
within such fifteen (15) day period, such failure shall not be a default hereunder so long as
DEVELOPER commences to cure such default in such fifteen (15) day period, and thereafter
diligently prosecutes such cure to completion.
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
6
completing the work, such materials, appliances, plant and other property belonging to DEVELOPER
as may be on the site of the work and necessary therefore.
All notices herein required shall be in writing, and delivered in person or sent by registered
mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Mark Lander, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
BJP -ROF Jordan Ranch LLC
5000 Hopyard Road, Ste. 170
Pleasanton, CA 94588
Attn. Robert Radanovich
Fax No. (925)- 467 -9919
With copy to:
David Gold
Morrison and Forester
101 Ignacio Valley Road
Ste. 450
Walnut Creek, CA 94596
Fax No. (925)- 946 -9912
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Dorothy O "Connor
International Fidelity Insurance Company
2999 Oak Road, Ste. 820
Walnut Creek, CA 94597
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 the sole and
exclusive risk of DEVELOPER. 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.
7
9. Safetv 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 The Improvements 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 Improvements without delay, and, if found to be in accordance with said plans and
specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the
estimated cost of The Improvements that are within the Public right -of -way or Public easements, shall
recommend acceptance of the work to the City Council and, upon such acceptance, shall notify
DEVELOPER or his designated agents of such acceptance and shall thereafter immediately release
the Faithful Performance Bond and the Labor and Materials Bond. The City will not accept the Private
Improvements and a warranty bond will not be needed for these Improvements; provided however,
the CITY shall examine the Private Improvements as set forth above and shall notify DEVELOPER or
his designated agents of their completion and shall thereafter immediately release the Faithful
Performance Bond and the Labor and Materials Bond.
11. Patent and Copyright Costs.
In the event that said plans and specifications require the use of any material, processor
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. 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 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
8
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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 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 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) Design 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 following acceptance by the CITY of the improvements, and said design defect, in
the opinion of the CITY, may substantially impair the public health and safety,
DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost
and expense, and the sureties under the Faithful Performance and Labor and Materials
Bonds shall be liable to the CITY for the corrective work required.
i
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 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.
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:
City Manager
ATTEST:
g
9
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City Clerk
DEVELOPER
BJP -ROF Jordan Ranch LLC
By:
Robert Radanovich
a
Authorized Representative
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3
{
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
File No:
STATE OF California )SS APN No:
COUNTY OF �,�
On 1 OV C'%Ylt i tq� c0% before me, t1, �Y� i%J5 ,Notary Public, personally appeared
obar oCJcwlov !r
who proved to me on the basis of satisfa ory evidence to be the personlf,,whose name(rj is/ reJsubscribed to the within
in trument and acknowl dged to me that te(she /they executed the same in Is Aer /their authorize and that by
her /their signature(s)on the instrument the personasy, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. tR —��- r�
4 J. SNIPES
Signature! /� Commission # 1952579
`- U) Notary Public - California
Alameda County
M Comm. Expires Sep 17, 2015
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
INDIVIDUAL
CORPORATE OFFICER(S) TITLE(S)
❑ PARTNER(S) ❑ LIMITED ❑ GENERAL
❑ ATTORNEY -IN -FACT
0 TRUSTEE(S)
GUARDIAN /CONSERVATOR
❑ OTHER,
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
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SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11/2007
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
OFF -SITE IMPROVEMENTS Revised November 1, 2011
TRACT 8024 - JORDAN RANCH January 14, 2011
DUBLIN, CALIFORNIA November 12, 2010
(Bond Estimate) Job No. 081001
SUMMARY
1. OFF -SITE IMPROVEMENTS
A. GRADING /SITE WORK $64,070
B. ASPHALT PAVING $495,910
C. CONCRETE $157,342
D. STORM DRAIN $201,597
E. MISCELLANEOUS $815,460
SUBTOTAL = $1,734,379
15 % CONSTRUCTION CONTINGENCY = $260,160
TOTAL ESTIMATED CONSTRUCTION COST = $1,994,639
TOTAL BOND AMOUNT (See Note 6) = $498,635
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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, contractor's 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 Off -Site Improvement plans, Tract 8024 Jordan Ranch, prepared by RJA, i
s
dated April 5, 2011.
3. This engineer's opinion does not include any agency fees.
4. This engineer's opinion does not include costs for water or sewer improvements which fall under Dublin San
Ramon Services District jurisdiction.
5. Improvements are ongoing and are at different stages of completion. Therefore, the said amount reflects that the
Tract 8024 improvements are currently 75% complete (bond is for 25% of full amount).
3
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G: 14dminU0b5A610 8 7 0 0 71E5 [rt1a105190nC10tf -Site Impr0VCmemSC0SI ESI REVAS
EXHIBIT o4
Page 1 of 3 To the Agreement
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t
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
OFF -SITE IMPROVEMENTS
Revised November 1, 2011
TRACT 8024 - JORDAN RANCH
January 14, 2011
DUBLIN, CALIFORNIA
November 12, 2010
(Bond Estimate)
Job No. 081001
ITEM
QUANTITY
UNIT PRICE
AMOUNT
DESCRIPTION
1. OFF -SITE IMPROVEMENTS
A.
1.
GRADING /SITE WORK
Remove Existing Pavement Section
20,300
SF
$2.50
$50,750
2.
Remove Existing Curb & Gutter
110
LF
$6.00
$660
3.
Remove Existing Median Curb
470
LF
$6.00
$2,820
4.
Remove Existing Sidewalk
880
SF
$2.50
$2,200
5.
Remove Existing Street Light
2
EA
$1,500.00
$3,000
6.
Remove Existing Irrigation Controller
2
EA
$500.00
$1,000
7.
Relocate Existing Irrigation Controller
1
EA
$1,500.OD
$1,500
8.
Remove Existing Storm Water Inlet
1
EA
$1,200.00
$1,200
$940
9.
Earth Swale
470
LF
$2,00
SUBTOTAL=
$64,070
B.
ASPHALT PAVING
1.
Fine Grading (Limits of new paving, sidewalk,
100,810
SF
$0.35
$35,280
2.
and parkway strip)
AC Paving (5.5" AC/20.5" AB) - Fallon Road
68,900
SF
$6.00
$413,400
3.
AC Paving (4" AC / 15.5" AB) - Positano Parkway
6,100
SF
$4.50
$27,450
4,
Sawcut Existing Pavement
1,040
LF
$2.00
$2,080
5.
AC 2" Grind & Overlay
2,950
SF
$6.00
$17,700
SUBTOTAL=
$495,910
C.
1.
CONCRETE
6" Curb &Gutter
1,973
LF
$13.00
$25,649
2.
Median Curb
1,995
LF
$20.00
$39,900
3.
Median Curb & Gutter
561
LF
$13.00
$7,293
4.
Driveway Cuts
2
EA
$750.00
$1,500
5.
Curb Ramps (Handicap Ramps w /Armor -Tile Domes)
6
EA
$1,900.00
$11,400
6.
8' Concrete Trail
14,320
SF
$5.00
$71,600
SUBTOTAL=
$157,342
D.
STORM DRAIN
9
LF
$30.00
$270
1.
2.
15" RCP
18" RCP
167
LF
$40.00
$6,680
4.
30" RCP
378
LF
$60.00
$22,680
5.
36" RCP
677
LF
$65.00
$44,005 '
6.
42" RCP
165
LF
$70.00
$11550
7.
Manhole
3
EA
$3,500.00
$10,500
8.
Adjust Existing Manhole to Finish Grade
4
EA
$1,000.00
$4,D00
9.
Storm Water Inlet (Type A) w/Triton Filter Insert
6
EA
$4,000.00
$24,000 ll
10.
Storm Water Inlet (Type A)
3
EA
$2,500.00
$7,500
11.
StormTek ST3 (Trash Capture Screen)
1
EA
$1,200.00
$1,200
12.
Curb Subdrain
2,551
LF
$12.00
$30,612
13.
6" Perforated Pipe w /Class 3 Permeable AB
220
LF
$30.00
$6,600
14.
Outfalt Structure (Including rock riprap)
1
LS
$15,000.00
$15,000
15.
Inlet Riser Structure
1
LS
$10,000.00
$10,000
16.
Lateral Connection Type 1
2
EA
$2,000.00
$4,000
17.
Connect to Existing Manhole
4
EA
$750.00
$3,000
SUBTOTAL=
201,597
3 '
3
G: AdminUObs- OBlOSiODitEStimaicstBOn010(hSde Improvements Cost Est REVxIs Page 2 of 3
-
PRELIMINARY ENGINEERS OPINION OF PROBABLE CONSTRUCTION COSTS
i
i
OPF -SITE IMPROVEMENTS
Revised November 1, 2011
TRACT 8024 - JORDAN RANCH
January 14, 2011
DUBLIN, CALIFORNIA
November 12, 2010
(Bond Estimate)
Job No. 081001
ITEM
UNIT PRICE
AMOUNT
DESCRIPTION
QUANTITY
E.
MISCELLANEOUS
I.
Signing & Striping
1
LS
$20,000.00
$20,000
2.
Parkway Strip (Landscape & Irrigation)
8,900
SF
$6.50
$57,850
3.
Median Landscaping
2,590
SF
$6.50
$16,835
4.
Barricade
1
EA
$2,000:00
$2,000
5.
Traffic Control
1
LS
$25,000.00
$25,000
6.
Street Light
9
EA
$2,500.00
$22,500
7.
Joint Trench
2,700
LF
$100.00
$270,000
8.
4" Irrigation Sleeve
1,285
LF
$5.00
$6,425
9.
Traffic Signal
1
LS
$364,200.00
$364,200
10.
Street Trees
37
EA
$250.00
$9,250
11.
6" Chain Link Fence
1,010
LF
$20.00
$20,200
12.
Chain Link Gate
2
EA
$600.00
$1,200
SUBTOTAL=
$815,460
s
3
G:Wd n rtUOUS O& O8t001
ES ima es BOntl A(4Sde IMPf0VR"101115 Cos! Est REV.xls
Page 3 of 3
G:udm1nU0bs- 0 810 81 0 0 11Es(im Iesk8oncNord3n bonds test REV.,ds
Page 1 of 2 EXHIBIT _
To the Agreement
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
FOR Revised
November 1, 2011
TRACT 8024 - JORDAN RANCH
January 14, 2011
DUBLIN, CALIFORNIA
November 12, 2010
(Band Estimate)
.lob No. 081001Pl
SUMMARY
i. ON -SITE IMPROVEMENTS
A.
SITE WORK
$44,250
B.
ASPHALT PAVING
$636,900
C.
CONCRETE
$313,800
D.
STORM DRAIN
$450,850
E.
MISCELLANEOUS
$728,750
SUBTOTAL=
$2,174,550
15% CONSTRUCTION CONTINGENCY =
$326,180
TOTAL ESTIMATED ON -SITE CONSTRUCTION COST =
$2,500,730
COST PER LOT (On -site Improvements)
$58,157
TOTAL BOND AMOUNT (See Note 6) _
$625,183
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, contractor's 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, prepared by Ruggeri - Jensen -Azar
dated April 5, 2011.
3.
This engineer's opinion does not include any agency fees.
4.
This cost is based on a total of 59 unit project (Tract 8024)
5.
This engineer's opinion does not include costs for water or sewer improvements which falls under Dublin
San Ramon
Services District (DSRSD) jurisdiction.
6.
Improvements are ongoing and are at different stages of completion. Therefore, the said amount reflects that the
Tract 8024 improvements are currently 75% complete (bond is for 25% of full amount).
G:udm1nU0bs- 0 810 81 0 0 11Es(im Iesk8oncNord3n bonds test REV.,ds
Page 1 of 2 EXHIBIT _
To the Agreement
G: 1AdmfnUobs- 0808 IDOiEsftates0ondsorean .bono.WSLest REVAS Page 2 of 2
i
i
i
PRELIMINARY ENGINEERS OPINION OF PROBABLE CONSTRUCTION COSTS
FOR
Revised November 1, 2011
TRACT 8024 - JORDAN RANCH
January 14, 2011
DUBLIN, CALIFORNIA
November 12, 2010
(Bond Estimate)
Job No. 081001 P1
ITEM
AMOUNT
DESCRIPTION
QUANTITY
UNIT PRICE
h ON -SITE IMPROVEMENTS
A.
1.
SITE WORK
Pad Fine Grading
59
EA
$750.00
$44,250
SUBTOTAL=
$44,250
B.
ASPHALT PAVING
1.
Fine Grading (RW to RW)
189,865
SF
$0.35
$66,450
2.
AC Paving (3 "AC / 10 "AB)
127,180
SF
$4.00
$508,720
3.
Trail (2.5 "AC / 6 "AB)
11,000
SF
$2.50
$27,500
4.
2' Wide Chokers (8.5" AB)
5,500
SF
$1.00
$5,500
5.
12" Class 2 Aggregate Base (Maintenance Road) 6,760
SF
$4.25
$28,730
SUBTOTAL=
$636,900
C.
1.
CONCRETE
6" Curb & Gutter
5,550
LF
$13.00
$72,150
2.
Driveway
66
EA
$750.00
$49,500
3.
Curb Ramps (Handicap Ramp w /Armor -Tile Domes) 14
EA
$1,900.00
$26,600
4.
Sidewalk
29,645
SF
$5,00
$148,230
5.
Flush Curb (1" Raised Median)
53
LF
$8.00
$420
6.
V -Ditch
845
LF
$20.00
$16,900
SUBTOTAL=
$313,800
D.
STORM DRAIN
1.
12" RCP
16
LF
$25.00
$400
2.
18" RCP
3,568
LF
$40.00
$142,720
3.
24" RCP
770
LF
$55.00
$42,350
4.
30" RCP
852
LF
$60.00
$51,120
5.
Manhole
5
EA
$3,500.00
$17,500
6.
Storm Water Inlet
34
EA
$2,500.00
$85,000
7.
Curb Subdrain
7,240
LF
$12.00
$86,880
8.
Field Inlet
5
EA
$2,000-00
$10,000
9
3" PVC
1,240
SF
$10.00
$12,400
10.
Area Drain
3
EA
$200.00
$600
11.
6" PVC
75
LF
$25.00
$1,880
SUBTOTAL=
$450,850
E.
MISCELLANEOUS
1
LS
$10,000.00
$10.000
1.
2.
Signing & Striping
Street Monuments
22
EA
$400.00
$8,800
3.
Landscaping (Park Strips)
23,440
SF
$5.00
$117,200
4.
Barricade
5
EA
$2,000-00
$10,000
5.
Street Lights
36
EA
$2,500.00
$90,000
6.
Joint Trench
4,300
LF
$100.00
$430,000
7.
6" Chain Link Fence
920
LF
$20.00
$18,400
8.
Street Trees
137
EA
$250.00
$34,250
g,
4" Irrigation Sleeve
2,020
LF
$5.00
$10,100
SUBTOTAL=
$728,750
G: 1AdmfnUobs- 0808 IDOiEsftates0ondsorean .bono.WSLest REVAS Page 2 of 2
s
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
CENTRAL PARKWAY IMPROVEMENTS Revised September 16, 2011
DUBLIN, CALIFORNIA November 5, 2010
(Bond Estimate) Job No. 081001
SUMMARY
I. ON -SITE IMPROVEMENTS
A. GRADING/SITE WORK $987,350
B. ASPHALT PAVING $264,270
C. CONCRETE $161,850
D. STORM DRAIN $734,080
E. MISCELLANEOUS $440,830
SUBTOTAL = $2,588,380
15% CONSTRUCTION CONTINGENCY , $388,260
TOTAL ESTIMATED CONSTRUCTION COST = $2,$76,640
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, contractors workload, seasonal factor, labor and
cost, etc. This engineering firm cannot be responsible for fluctuations in cost factors. }
2. This engineers opinion is based on Central Parkway Improvement plans, prepared by RJA, dated
July 15, 2011.
3. This engineer's opinion does not include any agency fees.
4. This engineer's opinion does not include any joint trench quantities.
S. This engineers opinion does not include costs for water or sewer improvements which fall under Dublin San
Ramon Services District jurisdiction.
6. This engineer's opinion does not include any costs associated with irrigation and street trees.
1
c:wammuow Ob 0st0ot \Es [o,aca5 eonmContra Pk V 1.pm omu is c EXH Eslx s Page 1 of 2 IBIT
To the Agreement
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
;i
CENTRAL PARKWAY IMPROVEMENTS
Revised September 16, 2011
DUBLIN, CALIFORNIA
November 5, 2010
(Bond Estimate)
Jab No. 081001
ITEM
DESCRIPTION �
QUANTITY
PRICE
AMOUNT
L ON -SITE IMPROVEMENTS
A.
GRADING /SITE WORK
1.
Rough Grade
350,000
CY
$2.50
$875,000
2.
Erosion Control
32.1
AC
$3,0000.00
$96,300
3.
Clear & Grub
32.1
AC
$500.00
$16,050
SUBTOTAL=
$987,350
B.
ASPHALT PAVING
1.
Fine Grading (RIW to R/W)
107,465
SF
$0.35
$37,610
2.
AC Paving (4" AC /15.5" AB)
37,410
SF
$6.00
$224,460
3.
AC Berm
220
LF
$10.00
$2,200
SUBTOTAL=
$264,270
C.
CONCRETE
1.
6" Flush Curb
3,050
LF
$10.00
$30,500
2.
Median Curb
2,145,
LF
$20.00
$42,900
3.
Curb Ramps (Handicap Ramps w /Armor -Tile Domes)
1
EA
$1,900.00
$1,900 }
4_
Sidewalk
17,310
SF
$5.00
$86,550
SUBTOTAL=
$161,850
0.
STORM DRAIN
1.
12" RCP
176
LF
$25.00
$4,400
2.
18" RCP
230
LF
$40.00
$9,200
3.
24" RCP
10
LF
$55.00
$550
4_
36" RCP
75
LF
$70.00
$5,250
5.
42" RCP
931
LF
$80.00
$74,480
6.
Manhole (Type li)
3
EA
$3,500.00
$10,500
7.
Field Inlet (Type 2K)
3
EA
$3,000.00
$9,000 -
8.
Field Inlet (Type 1 R)
3
EA
$3,500.00
$10,500
9.
Outfall Structure (including rock riprap)
1
LS
$15,000.00
$15,000
10.
Inlet Riser Structure
1
LS
$10,000.00
$10,000
11.
16 ft Diameter Arch Culvert with Footings
110
LF
$1,300.00
$143,000
12.
Riprap (Facing Class) at Entrance /Exit Culvert
320
CY
$300.00
$96,000
13.
Vegetated Swale
17,310
SF
$20.00
$346,200
SUBTOTAL=
r4-,O-8T
E.
MISCELLANEOUS
1.
Signing & Striping
1
LS
$20,000.00
$20,000
2.
Median Landscaping
12,380
SF
$5.00
$61,900
3.
Barricade
1
EA
$2,000.00
$2,000
4.
Traffic Control
1
LS
$25,000.00
$25,000
5.
Retaining Wail
4,710
SF
$35.00
$164,850
6.
Street Monuments
3
EA
$400.00
$1,200
7.
Street Lights
6
EA
$3,000.00
$18,000
8.
Joint Trench
1,100
LF
$100.00
$110,000
9.
4' lmgation Sleeve
160
LF
$5.00
$800
10.
Ornamental Iron Fence
485
LF
$75.00
$36,380
11:
4" Traffic Conduit
140
LF
$5.00
$700
SUBTOTAL=
$440,830
G: V. ArttlnUObs08t681t 1011EUimatos�BatdlCornral Pkvy IMP10 -011ts Cost E-LS Page 2 of 2
RESOLUTION NO. -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 8024,
JORDAN RANCH PHASE ONE
WHEREAS, a Vesting Tentative Map for Tract 8024 for Fallon Village was approved by
Planning Commission Resolution No. 10 -25 on May 11, 2010, with Conditions of Approval; and
WHEREAS, said Conditions of Approval required the developer to construct project -
related landscape features within the public rights -of -ways; and
WHEREAS, said Conditions of Approval required the developer to enter into an
"Agreement for Long -Term Encroachment" for the maintenance of the landscape features; and
WHEREAS, the developer has executed and filed with the City of Dublin a Tract
Improvement Agreement to improve required Tract improvements, including said landscape
features; and
WHEREAS, the developer has executed and filed with the City of Dublin an Agreement
for Long Term Encroachment for Landscape Features with Tract 8024, Jordan Ranch
NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City
Council to execute the Agreement.
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to
transmit said Agreement to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 6th day of December, 2011, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
j
Recording Requested By:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITHIN TRACT 8024,
JORDAN RANCH
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACT 8024 ( "Agreement ") is made between the City of Dublin ( "City ")
and BJP -ROF Jordan Ranch LLC ("Owner").
1. Property: The subject property is Tract 8024 as filed in Book of Maps at
Pages , in the Official Records of the County of Alameda, State of
California.
2. Developer: Owner is the owner of Tract 8024, Jordan Ranch, ("Project").
3. Landscape Features: Owner, as part of the Project, anticipates the construction
of Project related landscape features within the City's rights of ways on the
following streets in Tract 8024: Jordan Ranch Drive, Alta Terra Road, Valley
Vista Drive, Bassetts Way, Whitehorse Way, Avery Way, Vinton Avenue, and
Central Parkway (collectively, the "Landscape Features "). Construction details
for these Landscape Features are shown on the Landscape Plans for Tract 8024,
Fallon Crossings prepared by Gates & Associates. The scope of the improvements
covered under the agreement is shown on the attached Exhibit A.
4. Encroachment Permit: Owners shall apply to the City for an encroachment
permit for work to be performed pursuant to this Agreement. The City must grant
the encroachment permit for all work to install, operate and maintain the
Landscape Features improvements and all the conditions imposed by the City
must be consistent with the provisions of this Agreement. If there is a conflict
between any provisions of this Agreement and the encroachment permit, the
provisions of this Agreement shall prevail over the conditions of the
encroachment permit.
5. Ownership: Owners shall own all special Landscape Features, including but not
limited to fountains, arches, monuments, etc.
I
6. Operations and Maintenance: Owners shall maintain and repair all the
Landscape improvements, including all frontage and island landscape plantings,
irrigation, and sidewalks within the designated areas, in a safe manner consistent
with the approved plans to the reasonable satisfaction of the City at its sole cost
and expense, including electric power and water cost. Owner will be responsible
at its sole cost to replace or repair any Landscape Feature damaged or removed
during the maintenance or repair of sewer, water, drainage or utility
improvements by the City, Dublin San Ramon Service District or utility company,
unless such damage or removal is caused by the negligence, gross negligence or
willful misconduct of the City, Dublin San Ramon Service District or utility
company. The City will maintain at its sole cost all asphalt concrete pavement,
concrete curb and gutter, drainage improvements, traffic signs and striping, and
streetlights and any other features in the public right of way.
7. Removal or Relocation: If future improvements proposed by the City conflict
with any of the Landscape Features, the City may remove or reasonably relocate
the Landscape Feature at its sole cost. If any of the Landscape Features are
relocated, the City and Owners will execute a modification to this Agreement to
reflect the maintenance and operations at its new location. Provided, however, the
City is under no obligation to relocate any of the Landscape Features.
8. Insurance: Owners shall obtain and maintain in effect a combined single limit
policy of liability insurance not less than one million dollars ($1,000,000)
covering the Landscape Features improvements and shall name the City as an
additional insured.
9. Indemnification: Owners shall indemnify, defend and hold the City harmless
from and against any and all loss, claims, liability damage or expense or cost the
City may incur or become liable for or for which a claim is made by a third party,
due to or arising out of Owner's construction, maintenance or operations of the
Landscape Features unless caused by the negligence, gross negligence or willful
_misconduct of the City, its agents, contractors or employees.
10. Permanent: The Landscape Feature and the rights appurtenant thereto as set
forth in this Agreement shall exist in perpetuity, and are appurtenant to the
Property.
11. Right to Assign: Owners may assign any or all rights, interests and obligations
of Owners arising under this Agreement to the Homeowners' Association for
Tract 8024 or to a successor in interest of Owners with respect to all or a portion
of the Project; provided, however, that no such assignment of Owners' rights
interests and obligations under this Agreement shall occur without prior written
notice to the City and written approval by the City Manager, which approval shall
not be unreasonably withheld, conditioned or delayed. The City Manager shall
consider and decide on any assignment within ten (10) days after Owner's notice
2
i
thereof, provided all necessary documents and other information are provided to
the City Manager to enable the City Manager to assess the assignment.
12. Successors and Assigns: Each reference to the "City" in this Agreement shall be
deemed to refer to and include the City and all successors and assigns of City. All
references to the "Owner in this Agreement shall be deemed to refer to and
include BJP -ROF Jordan Ranch LLC and all successors and assigns BJP -ROF
Jordan Ranch LLC including but not limited to the Tract 8024 Home Owner's
Association.
13. Notices: Any notices, requests, demands or other communications required or
permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given on the date of delivery if delivered personally to
the party to whom notice is to be given (including messenger or recognized
delivery or courier service) or on the second day after mailing, if mailed to the
party to whom notice is to be given, by first -class mail, postage prepaid, and
properly addressed as follows:
City: City of Dublin
100 Civic Plaza
Dublin, California 94568
Fax No. (925) 833 -6651
Attn: City Manager
Owner: BJP -ROF Jordan Ranch LLC
5000 Hopyard Road, Suite 170
Pleasanton, CA 94588
Fax No. (925)- 467 -9919
Attn: Robert Radanovich, Authorized Representative
Copy To: David Gold
Morrison and Forester
101 Ygnacio Valley Road, Ste .450
Walnut Creek, CA 94596
Fax No. (925)- 946 -9912
14. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
15. Partial Invalidity. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the
Agreement shall continue in full force and effect and shall in no way be impaired
or invalidated, and the parties agree to substitute for the invalid or unenforceable
3
s
provision a valid and enforceable provision that most closely approximates the
intent and economic effect of the invalid or unenforceable provision.
16. Entire Agreement. This Agreement contains the entire agreement and
understanding of the parties with respect to the subject matter hereof and cannot
be amended or modified except by a written agreement, executed by each of the
parties hereto. f
17. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall, for all purposes, be deemed an original and all such
counterparts, taken together, shall constitute one and the same instrument.
Dated this day of , 2011.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By:
Joni Pattillo
City Manager
OWNERS:
BJP -ROF Jordan Ranch LLC
By:
Robert Radanovich
Authorized Representative
4
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
File No:
STATE OF California )SS APN No:
COUNTY OF (l-ne (Y(? )
On f a /e_ 1pber a CO fl before me Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the personfA' whose nameks') is/ re subscribed to the within
instrument and acknowledged to me that�iie she /they executed the same in his er /their authorized capacity1jes), and that by
hi her /their signature.O on the instrument the personal, or the entity upon behalf of which the person) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. -
J. SNIPES
Signature �� i,�- %����i.� Commission # 1952579 _
Notary Public - _California i
Alameda County
M Comm. Expires Sep 17.2015.
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
0 INDIVIDUAL
0 CORPORATE OFFICER(S) TITLE(S)
0 PARTNER(S) ❑ LIMITED ❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 1112007
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EXHIBIT
To the Agreement
RESOLUTION NO. — 11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING PARK LAND DEDICATION IN -LIEU FEES
AND CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR
TRACT 8024, JORDAN RANCH, PHASE ONE
WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider
of land for residential uses shall, as a Condition of Approval of a Final Subdivision Map,
dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and /or
recreational purposes; and
WHEREAS, the Developer, BJP -ROF Jordan Ranch LLC(Mission Valley Properties),
is filing Tract 8024 Final Map for developing 59 residential dwelling units constructed on 59
lots.
WHEREAS, the Park Land requirements for the project based on the requirements of
the Municipal Code and the designated land use for Tract 8024 are 1) Dedication of 0.6608
acres of Community Park Land or payment of $600,030 in Community Park Land In -Lieu
Fees, and 2) Dedication of 0.2832 acres Neighborhood Park Land or payment of $320,606 in
Neighborhood Parkland In -Lieu Fees; and
WHEREAS, Developer has possession of credits for 0.6608 acres of Community Park
Land credits, which the Developer desires to have applied to fully satisfy the Community
Park Land obligation for Tract 8024; and
WHEREAS, Developer has possession of credits for 0.2832 acres of Neighborhood
Park Land credits, which the Developer desires to have applied to fully satisfy the
Neighborhood Park Land obligation for Tract 8024; and
NOW, THEREFORE, BE IT RESOLVED that the aforesaid the application of 0.6608
acres Community Parkland Credits and the application of 0.2832 acres of Neighborhood
Park Land Credits are hereby accepted as performance of said subdivider's obligation under
Subdivision Requirements in Chapter 9.28 of the Dublin Municipal Code.
PASSED, APPROVED AND ADOPTED this 6th day of December, 2011, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
1
Mayor
ATTEST:
City Clerk
G: \DEVELOPMENT, PRIVATE \Jordan Ranch FCN #813 \Reso_parkland dedicationTr 8024.doc
RESOLUTION NO. — 11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * * * * * * * * **
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
ORDERING THE ANNEXATION OF JORDAN RANCH (TRACT 8024) TO THE
DUBLIN RANCH STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99 -1
WHEREAS, at the request of the developers of Phase 1 of the Dublin Ranch
development, the City formed the Dublin Ranch Street Lighting Maintenance Assessment
District No. 99 -1 ( "the District ") in 1999; and
WHEREAS, the District funds the electric energy, maintenance, and repair costs
associated with the decorative street lighting within the Dublin Ranch development; and
WHEREAS, when the District was created, it was intended that as additional land within
Dublin Ranch and Eastern Dublin developed, it would be annexed to the District and the new
territory would be subject to the assessment; and
WHEREAS, accordingly, the City annexed Clifden Parc (Tract 7067) to the District in
2000, annexed Dublin Ranch Areas A and G to the District in 2001, annexed Dublin Ranch
Areas B, C, F, and H to the District in 2005, and annexed Fallon Village (Tract 7586) in 2007,
which became subject to the assessment; and
WHEREAS, in 2011, the property owners of Jordan Ranch (Tract 8024) have submitted
a petition requesting and consenting to the annexation of the Properties described in Exhibits A
and B to the Petition; and
WHEREAS, the property owners' petition waived the resolutions, reports, notices of
public hearing, and the right of majority protest otherwise required by the Landscaping and
Lighting Act of 1972 for annexation to the District;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin
hereby confirms the annexation of the land described on the attached Exhibits A and B of the
Petition to the Dublin Ranch Street Lighting Maintenance Assessment District No. 99 -1. The
Assessment Diagram for the District shall be amended accordingly.
BE IT FURTHER RESOLVED THAT the territory annexed hereby shall be subject to the
assessment set forth in the Engineer's Report prepared for the District's Fiscal Year 2011 -2012
annual assessment. In no event shall the annual per -lot assessment exceed the maximum
amount authorized by the Fiscal Year 2011 -2012 Engineer's Report for the District.
1
PASSED, APPROVED AND ADOPTED this 6th day of December, 2011, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
2
Mayor
EXHIBIT A
PROPERTIES TO BE ANNEXED
TO THE
DUBLIN RANCH STREET LIGHTING MAINTENANCE DISTRICT NO. 99 -1