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Home My WebLink AboutItem 4.07 Silvera Rch Ph 4 Tr 7540G~~~ OF Dp~~~ /// ~ 1`~~~-~~%Z STAFF REPORT C I T Y C L E R K ``c~~1~ ~~ DUBLIN CITY COUNCIL File #^0~ DD-~0 DATE: November 16, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE . Approval of Tract Improvement Agreement for Tract 7540, Silvera Ranch Phase 4 (KB Homes), Prepared By: Mark Lander, City Engineer EXECUTIVE SUMMARY: KB Homes, dba KB Home South Bay, Inc., has purchased Tract 7540, Silvera Ranch Phase 4 from Pinn Brothers Fine Homes, dba Pfeiffer Ranch Investors II, Inc. KB Homes has executed a tract improvement agreement and posted security to guarantee completion of improvements associated with the tract, allowing security previously posted by Pinn Brothers Fine Homes to be released. ~ FINANCIAL IMPACT: Once these improvements are accepted, the City will incur maintenance costs for City- maintained improvements within Tract 7540. 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 Tract Improvement Agreement for Tract 7540, Silvera Ranch Phase 4. ~~ ~ ~ Submitted By Public Works Director ~~) ~ C~~ ~ Reviewed By ~22 Assistant City Manager Page 1 of 2 ITEM NO. • ~ DESCRIPTION: Pinn Brothers Fine Homes, dba Pfeiffer Ranch Investors II, Inc., the owner of Tract 7540, Silvera Ranch Phase 4, entered into a Tract Improvement Agreement with the City on May 15, 2007, to complete public improvements. Pinn Brothers has partially completed the improvements. Pinn Brothers has sold the Tract 7540 property to KB Homes, dba KB Home South Bay, Inc., and desires to transfer to the buyer its obligations under the original Tract Improvement Agreement which is allowed by the agreement. Pinn Brothers originally provided a Performance Bond and a Labor and Materials Bond by Developers Surety and Indemnity Company, each in the amount of $2,334,925 (Bond No. 721298S), for completion of Fallon Road between Tassajara Road and Cydonia Court, as well as Cydonia Court and other internal tract improvements. In addition, a second Performance Bond and a Labor and Materials Bond was provided, each in the amount of $56,768 (Bond No. 721297S), for completion of Fallon Road from Cydonia Court south to the Dublin Ranch boundary. Presently, the civil improvements covered by the larger bond are more than 75% complete, and in accordance with authority contained in §66499.7 of the Government Code, the original bond amounts to complete the civil improvements may be reduced. Therefore, the bond amount for these improvements can be reduced to 25% of the original amount. The improvements to Fallon Road covered by the smaller bond have not yet been started, and the bond amount for this work must be retained at the full amount. KB Homes has separated the remaining bonding costs into two estimates, one in the amount of $449,536 (covering the remaining work on Fallon Road), and $233,637 (covering the remaining work on Cydonia Court as well as other internal tract improvements). KB Homes plans to initiate construction of the Fallon Road improvements before the end of 2010, and will likely complete this work well in advance of the internal tract improvements. Segregation of the bonds in this manner will allow acceptance of the Fallon Road work and release of the bonds for that work prior to completion of the internal tract work. KB Homes has provided Performance Bonds and Labor and Materials Bonds each in the amounts of $449,536 for the Fallon Road improvements (Bond No. CMS256289) and $233,637 for the internal tract improvements (Bond No. CMS256290), issued by Aon Construction Services Group. With the approval of the Tract Improvement Agreement with KB Homes, the bonds provided by Pinn Brothers for Tract 7540 can be released. Staff is requesting that the City Council adopt the proposed resolution approving the Tract Improvement Agreement for Tract 7540, Silvera Ranch Phase 4(Attachment 2). NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public noticing occurred as part of the Tentative Map process. Copies of this report have been provided to KB Homes. ATTACHMENTS: 1. Reduced Copy of Final Tract Map 7540 2. Resolution Approving Tract Improvement Agreement for Tract 7540, Silvera Ranch Phase 4, together with Exhibit "A", Agreement G:\DEVELOPMENT, PRIVATE\Silvera Ranch\Phase 4, Tract 7540\KB Homes\Staff Report FM 7540, Silvera Ranch Ph. 4, KB Homes, 11-16-10.DOC Page 2 of 2 ~ ~ ~ ECT TRACT 7539 265 M 68 0(s) ~ I SEF N07F T ~ ~ \ ~ ¢~a \ REFEFENCES: (1J PARR7 NAP 119J - 6! VY 10 (1) RfCpPO O" SURI£Y - I6 RS J] (JJ ]AACT 7HI - Z]9 Y 6B I ~ a~ q .._~9 l~ ` ~ N -. / ~~ ~ ~~ P~xca Y ~I ~ wh~ {I.Z42AO7E5 }M ~ Nh [LIFID aESnvrC7xw sF7dES Na -~7 ~ I h~ t~` ~~~ ~~ O N ~ ,, I N o p , ~~ h I N ~ I~ rbwa r'wov var - - ~ W/CM. LSIIJJ (2) ~ ~ PYC;A' t~ ~ (uNSe:Yzl Ri ~~-'~ , ~ 4 SECIIW UNE__ ~ 9 JS'PA/! K NB97YS7'W F (Ne97YI3'W)(2) I ,p ICo~, (NB9YSTXIJ fou,vo ~ mav rwe ~p\ W/CM, L54PJJ (2) LI/J 99-17Y972 ~ . I BETNEEN FWND IRON PIPES IN FALLON ROAD A ~ ON 7RACT 7441, FlLED IN BDOK 279 OF AIAPS / ~ 6B-82, ALANmA COUNTY RECORDS IS TANEN A BASIS OF BEARINGS FOR THIS AIAP. LEG ~ END ~ ~ - - ~ TRACT BOUNDARY lME ~ ~ - ~ .l LOT L1NE MONUAIENT L1NE .___. ............_. AIONUMENT TIE LINE ------ ----- NEW EASEAIENT UNE AS NOTED --- --- E%ISTING EASFAIENT LME AS NOIED -' - EXI571NG LOT L1NE O SET CIT7 OF DUBUN STANDARD A/DNUAIENT, STAAIP~ RCE 25281 ~O qTY OF DUBLIN STANDARD 110NUAIENT TO BE SET PER TRACT 7441, STAAIPED RCE 25281 • FWNO POWT, AS NOTED EVAE FMERGENCY ~EHICLE ACCE55 EASEAIENT PSE PUBLIC SERVICE EASEMENT 4AE 11AINTENANCE AND ACCE55 EASEAIENT SDE STORAI DRAW EASEAIENT SE AOPE EASEIAENT TCE TEAIPORARY CONSTRUC110N EASEA/EN7 UAE UTILITY AND ACCESS EASEAIENT (AI-M) AIONUMENT TO AIONUMENT (AI-IP) NONUAIENT TO IRON PIPE (IP-IP) IRON PIPE TO IFON PIPE (R) RADIAL (n TOTAL ( DATA )(1) RECq20 DATA 8 RFFERENCE E%ISiING RELINQUISHNENT OF ABUTTER'S RIGHTS PFR TRACT 7441 ~ ~ RFIINQUISHAIENT OF ABUTTER'S RIGHTS ~ m SHEET CO~ERAGE ~ SHEET NUMHER TRACT 7540 SILVERA RANCH - PHASE 4 BEINC A 9UBDIVL4ION OP IA2 'A9' A9 9HO1R7 ON 1RAC[ 7l41, 17L~ yARCH 11, 2005 IN BOOK 278 OT YAPS AT PAGL 86, AI.AI~DA CDUNTY R6CORD8 CI1'Y OF DUBLIN ALAMEDA COUNTY, CALIF'ORNIA RUGGERI-JENSEN-AZAR & ASSOCIATES CIVIL ENGWEERS, PLANNERS, SURVEYORS PLEA.9AN70N, CAI.IFURNIA BEPTEI~6R 2008 . 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ALL 40NUAlENT 71E L1NE5 ME AT RIGHT ANG °"• ~ ~2~ ~•0~ / f{~ MONUAIENT UNE UNLE55 OIHERNISE NOIED. ~~ q 4~ ^,~. ~~`~+Q' L~ ~~/ ~ ~ 1!Q ~J (J) I 2~ 3/a' IRON PIPE SE7 PER 7RAC7 7441 TO BE ,~! ~~ ~^ WEg H 9bY0.7 ~ ~ 5 18{ 18S ~~ ryR pTM ~ DUBLIN STANDARD MONUAIEN7, STAM __` ~~ Naa~styi) ra- i~ un~~ I ~~rm ~~ ~\ ~I "7 BASIS OF BEARINGS ~ NB9~5'S9'w1lY.98' (J) / llo _~' __ cy !IJ I{f b l~ 7JC/'~ ~~~ ~~ ~~ N 7HE BEARING OF N48'31'21'W OF THE AIONUMEN' ~ P~NG~~ ¢~q /i~___-~ / ~ !d0 I I/o,~ t~ I 4 ~y ~~ 5 ~~I~ IQg ~ 1 ~~ O Sv \\\ or~~ ~~ ~A a ; 0 3J ~~ ?. ~J \y~~~ . ~2@Se~_3k~ LOT 'AI' T/ZAGT 7641 ~ ZY9 M 68 SFE N01E L"ns Ia5/ ~ GLr v Tabl~ (in~ 9sav~ Distmro Curw RoClus D~'ta Ln N CI N539/Y9'W I471' Ci 11dLtl' llW'39' 45.83' f? NSTI9'20'W 16.16' C2 102.p0' 1JY639' f859' LJ NIJtl975'E 3d11~ CJ /9IB.Lb' 0/'4111~ 51.38' L4 N6017'OSE /B2lJ' CI J0.00' B/96'II' IL]Y LS N30RJ'47~W 259A9T' C5 727.W' pp7Y0Y 1.13' C6 N6{Y1767 609.56' C6 b.IXl' IOOSl9I6 .T2IJ' L] NJ]71'Q5'W 436.75" C7 Y918.00' 04b7'JJ" PI228' L9 N187771'W 9{.gp' Cg I078.00' Of71;5I' 7g9B' ts N~e7~Zi•w usa' cv ne.ao' r,TSO'sr ss.s~' L10 N5271'09'W 4PSJ9' CIO T91W' pgWY6" 16.64' 1/I N417B:79~E 71Z00' Ci) 1(M'900' 0931~39" 1~).]6' L CZ I nSOa' I o9 ~a'09" I~b'!l' I VICINITY MAP Mor m sr.uc ~~~~ ~~ RESOLUTION NO. - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ~***~**~* APPROVING TRACT IMPROVEMENT AGREEMENT FOR TRACT 7540, SILVERA RANCH PHASE 4 WHEREAS, the CITY and Pinn Brothers Fine Homes, dba Pfeiffer Ranch Investors II, Inc., the owner of Tract No. 7540, entered into a Tract Improvement Agreement on May 15, 2007 ("the Original Improvement Agreement"), to complete those public improvements (hereinafter "The Improvements") required by City of Dublin Planning Commission Resolution No. 03-48 adopted on September 23, 2003, in accordance with the requirements and conditions set forth in said resolution; and WHEREAS, Pinn Brothers Fine Homes has partially completed The Improvements; and WHEREAS, KB Homes, dba KB South Bay Home South Bay, Inc., has acquired the Tract 7540 property from Pinn Brothers Fine Homes, and Pine Brothers Fine Homes desires to transfer to KB Homes its obligations under the Original Improvement Agreement; and WHEREAS, KB Homes has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 7540 to construct required subdivision improvements in accordance with the Conditions of Approvaf for the Tentative Map, and with the improvement plans attached thereto; and WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Aon Construction Services Group in the amount of $233,637 for the in-tract civil improvements (Bond No. CMS256290) and in the amount of $449,536 for the Fallon Road improvements (Bond No. CMS256289), conditioned upon faithful perFormance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Aon Construction Services Group in the amount of $233,637 for the in-tract civil improvements (Bond No. CMS256290) and in the amount of $449,536 for the Fallon Road improvements (Bond No. CMS256289), conditioned upon payment for labor performed or material furnished under the terms of said Agreement; and NOW, THEREFORE, BE IT RESOLVED that: 1. Said Agreement is hereby approved; and 2. The Performance Bond issued by Aon Construction Services Group in the amount of $233,637 for the civil in-tract improvements (Bond No. CMS256290) be accepted as security; and 3. The Labor and Materials Bond issued by Arch Insurance Company in the amount of $233,637 for the civil in-tract improvements (Bond No. CMS256290) be accepted as security; and ATTACHMENT ~ ~ 3 ~~ a ~~ 4. The PerFormance Bond issued by Aon Construction Services Group in the amount of $449,536 for the Fallon Road improvements (Bond No. CMS256289) be accepted as security; and 5. The Labor and Materials Bond issued by Aon Construction Services Group in the amount of $449,536 for the Fallon Road improvements (Bond No. CMS256289) be accepted as security; and 6. The original Performance Bond issued by Developers Surety and Indemnity in the amount of $2,334,925 for the tract improvements (Bond No. 721298S) be released; and 7. The original Labor and Materials Bond issued by Developers Surety and Indemnity in the amount of $2,334,925 for the tract improvements (Bond No. 721298S) be released; and 8. The original Performance Bond issued by Developers Surety and Indemnity in the amount of $56,768 for the tract improvements (Bond No. 721297S) be released; and 9. The original Labor and Materials Bond issued by Developers Surety and Indemnity in the amount of $56,768 for the tract improvements (Bond No. 721297S) be released; and 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 16th day of November, 2010, by the following vote: YES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:~DEVELOPMENT, PRIVATE\Silvera Ranch~Phase 4, Tract 7540\KB Homes~Reso Tract Imp Agree Tract 7540, KB Homes.doc 2 ~~~ ~~ CITY OF DUBLIN IMPROVEMENT AGREEMENT IMPROVEMENTS FOR TRACT 7540, PHASE IV - SILVERA RANCH (KB HOME SOUTH BAY INC.) This agreement is made and entered into this 16th day of November, 2010, by and befinreen the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and KB Home South Bay, Inc. (hereinafter referred to as "DEVELOPER"). RECITALS WHEREAS, it has been determined by the City Council of the City of Dublin, State of California, that DEVELOPER, as a subdivider, desires to improve and dedicate certain public improvements (hereafter "The Improvements") shown on Tract 7540, also known as Phase IV, Silvera Ranch, in accordance with the requirements and conditions set forth within the City of Dublin Planning Commission Resolution No. 03-48 (PA 02-024), adopted on September 23, 2003, and City Council Resolution No. 207-03 adopted on October 21, 2003; the requirements of the Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of Dublin; and those certain plans and specifications for said development approved by the City Engineer, as follows: • "Improvement Plans, Tract 7540 - Silvera Ranch (Phase 4), City of Dublin, Alameda County, California" (15 Sheets: 1-15), prepared by Ruggeri-Jensen-Azar & Associates, approved January 17, 2007 •"Joint Trench /mprovement Plan, Tract 7540 - Silvera Ranch'; prepared by Udi-Tetrad, Inc, (19 Sheets: Sheets 1-19), approved July 19, 2006 •"Joint Trench /mprovement Plan, Tract 7540 - Silvera Ranch, Pole Relocation'; prepared by Udi-Tetrad, Inc, (4 Sheets: Sheets 1-4), approved June 26, 2006 •"Landscape Plans Tract 7540 Silvera Ranch - The Estates Phase 4, prepared by Rose Associates (37 Sheets, Sheets 1-37), approved April 5, 2007 •"Silvera Ranch/Fallon Road Traffic Signal Improvements'; (12 Sheets: TS1-10 and SS1-2), prepared by TJKM Transportation Consultants, approved November 3, 2006 Said plans are now on file in the office of the City Engineer, and are hereby referred to for a more definite and distinct description of the work to be pertormed under this Agreement as though set forth at length herein; and WHEREAS, CITY has determined that The Improvements are a public works project subject to California prevailing wage requirements; WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of right-of-way and The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: IMPROVEMENTAGREEMENT EXH I B IT ~ G:IDEVELOPMENT, PRIVATE\Silvera Ranch\Phase 4, Tract 7540\KB Homes\KB Homes Improvemf ~~ ~~ a~ t~ Section 1. Completion Time. DEVELOPER will commence construction of The Improvements within ninety (90) days following the date on which CITY executes this Agreement, excepting that work located within Fallon Road. DEVELOPER shall complete such Improvements no later than two years following execution of this agreement or not later than November 16, 2012. The DEVELOPER acknowledges that opening of Fallon Road between Tassajara Road ~nd Signal Hill Drive is a high priority for the City, and that opening of the road is dependent upon compfetion of the portion of the improvements within Fallon Road covered under this agreement. DEVELOPER agrees to commence construction of the Fallon Road improvements within 20 (twenty) days following the date on which the CITY executes this Agreement, and agrees to complete the construction and open the road within ninety (90) days of the start of construction. DEVELOPER will schedule work within the restricted eagle nesting zone to be completed prior to December 31, 2010. DEVELOPER agrees to complete the Fallon Road improvements and have the road ready for opening to through traffic prior to issuance of building permits for the 44 residential lots within Silvera Ranch Phase 4, excepting out permits for model homes. Occupancy and use of model homes will not be authorized until completion of Fallon Road. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as-built plans of The Improvements, including any authorized modifications. Section 2. Estimated Cost of Improvements. For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to be Four Hundred and Forty-Nine Thousand and Five Hundred and Thirty Six Dollars and Zero Cents ($449,536.00), for all items of work associated with Fallon Road, including the finro traffic signals, joint trench, and landscaping, and Two Hundred and Thirty- Three Thousand , Six Hundred and Thirty Seven Dollars and Zero Cents ($233,637) for the items of work associated with Cydonia Court and other in-tract improvements. Said amounts include costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Section 3. Bonds Furnished. Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in a form satisfactory to the CITY Attorney: a. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed. b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that IMPROVEMENT AGREEMENT Page 2 of 10 G:\DEVELOPMENT, PRIVATE\Silvera Ranch\Phase 4, Tract 7540\KB Homes\KB Homes Improvement Agreement, Phase 4, 10-28-10.DOC ~ ~~b ~ ~ DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor. CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform to the provisions of Chapter 5 of the Subdivision Map Act. Section 4. Insurance Required. Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, or designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, as to form, amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liabilitv and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) (ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1"any auto" and endorsement CA 0025. (iii) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. b. Min.imum Limits of Insurance. OWNER shall maintain limits no less than: (i) 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. (ii) Automobile Liabilitv: $1,000,000 combined single limit per accident for bodily injury and property damage. IMPROVEMENT AGREEMENT Page 3 of 10 G:\DEVELOPMENT, PRIVATE\Silvera Ranch\Phase 4, Tract 7540\KB Homes\KB Homes Improvement Agreement, Phase 4, 10-28-10.DOC 7~ ~~ ~ (iii) Workers' Compensation and Employers Liabilitv: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. c. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the DEVELOPER shalt procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (i) 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. (ii) 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. (iii) All Coveraqes. IMPROVEMENT AGREEMENT Page 4 of 10 G:\DEVELOPMENT, PRIVATE\Silvera Ranch\Phase 4, Tract 7540~KB Homes\KB Homes Improvement Agreement, Phase 4, 10-28-10.DOC U~~~ Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. (a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (b) Verification of Coveraqe. DEVELOPER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Subcontractors. DEVELOPER and/or DEVELOPER 's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Section 5. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER 's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in design, workmanship and materials actually appear during the one- year guarantee period, and have been corrected, the guarantee period shall automatically be extended for the corrected items for an additional year to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time or such longer time period as agreed to in writing by the City Engineer, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, IMPROVEMENT AGREEMENT Page 5 of 10 G:\DEVELOPMENT, PRIVATE\Silvera Ranch\Phase 4, Tract 7540\KB Homes\KB Homes Improvement Agreement, Phase 4, 10-28-10.DOC ~~~~ in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or perForms the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, twenty-five percent (25%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. Section 6. Inspection of the Work. DEVELOPER shall guarantee free access to CITY through its City Engineer and designated representatives for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by OWNER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the Improvements plans and specifications. Section 7. Aqreement Assiqnment. DEVELOPER shall not assign this Agreement without the written consent of CITY, which consent shall not be unreasonably withheld. Section 8. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER 's obligations under this Agreement. If QEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER 's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER 's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and DEVELOPER 's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER. In the event of any such notice of breach of this Agreement, DEVELOPER 's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the IMPROVEMENT AGREEMENT Page 6 of 10 G:\DEVELOPMENT, PRIVATE\Silvera Ranch\Phase 4, Tract 7540\KB Homes\KB Homes Improvement Agreement, Phase 4, 10-28-10.DOC l o ~( ~~~> contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER 's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER as may be on the site of the work and necessary therefor. Section 9. Notices All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to CITY shall be addressed as follows: Gary Huisingh Public Works Director City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to DEVELOPER shall be addressed as follows: KB Home South Bay, Inc. Attention: Ray Panek, Senior Vice President 6700 Koll Center Parkway Pleasanton, CA 94566 Notices required to be given surety of DEVELOPER shall be addressed as follows: Company Name: Aon Risk Insurance Services West, Inc. Attention: Maria Pena, Surety Account Manager Street Address: 707 Wilshire Boulevard, Ste. 2600 Los Angeles, CA 90017-0460 Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. Concurrently with the execution of this Agreement, DEVELOPER has executed and has caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may record said abstract in the Official Records of Alameda County. Section 10. Use of Streets or Improvements. At all times prior to the final acceptance of the work by CITY, the use of any or all streets IMPROVEMENT AGREEMENT Page 7 of 10 G:\DEVELOPMENT, PRIVATE\Silvera Ranch\Phase 4, Tract 7540\KB Homes\KB Homes Improvement Agreement, Phase 4, 10-28-10.DOC ~~ b~ ao and improvements within the work to be perFormed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the project site shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. Section 11. Safety Devices. DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the site of The Improvements as may be necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly. Section 12. Acceptance of Work and Right-of-Way. Upon notice of the completion of The Improvements and the delivery of a set of final as- built mylar plans with electronic file to CITY by DEVELOPER, CITY, through its City Engineer or designated representative, shall examine the work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or designated agents of such acceptance subject to Section 5 above. If not previously dedicated on the final map for Tract 7540, DEVELOPER shall dedicate to CITY by separate instrument any right of way and easements deemed necessary by the City Engineer for the acceptance and maintenance of The Improvements, and, at acceptance of the Work, CITY shall accept said right-of-way and maintenance easement dedications. Section 13. Patent and Copvriqht Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. Section 14. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive IMPROVEMENT AGREEMENT Page 8 of 10 G:\DEVELOPMENT, PRIVATE\Silvera Ranch\Phase 4, Tract 7540\KB Homes\KB Homes Improvement Agreement, Phase 4, 10-28-10.DOC l~ a~- ~ the provisions of Section 2819 of the Civil Code of the State of California. Section 15. Liability. a. DEVELOPER Primarilv Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER 'S actions and obligations hereunder; provided as follows: (i) That CITY does not, and shall not, waive any rights against 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 3 hereof. (ii) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. b. Desiqn Defect. If, in the opinion of the CITY, a design defect in the work of Improvements becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the Improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, OWNER shall, upon order by the CITY, correct said design defect at OWNER's sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. c. Litiaation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under Section 3. Section 16. Indemnification and Waiver. IMPROVEMENT AGREEMENT Page 9 of 10 G:\DEVELOPMENT, PRIVATE\Silvera Ranch\Phase 4, Tract 7540\KB Homes\KB Homes Improvement Agreement, Phase 4, 10-28-10.DOC l3 ~~ ~~~ DEVELOPER shall defend CITY, its officers, employees and officials, against any claims or actions (including declaratory or injunctive relie~ concerning DEVELOPER's construction of The Improvements on DEVELOPER's property and shall indemnify and hold CITY harmless from any damages, charges, fees or penalties that may be awarded or imposed against CITY and/or DEVELOPER in connection with, or on account of, DEVELOPER's construction of The Improvements and/or CITY's failure to enforce or comply with any applicable laws. Section 17. Recitals. The foregoing Recitals are true and correct and are made a part hereof. 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: DEVELOPER: KB Homes South Bay, Inc. By: Joni Pattillo, City Manager Date: ATTEST: By: Caroline Soto, City Clerk Date: By: Typed or Printed Name Title Date IMPROVEMENT AGREEMENT Page 10 of 10 G:\DEVELOPMENT, PRIVATE\Silvera Ranch~Phase 4, Tract 7540\KB Homes\KB Homes Improvement Agreement, Phase 4, 10-28-10.DOC 1 y~~~o Prelrminary Estimate of Probable Construction Costs TRACT 7540 - SILVERlA RANCH Phase 4 - Improvemant Pla~s Fallon Road CITY OF DUBLIN - BOND ESTIMATE SUMMARY Fallon Road Gap Closure A Grading/Site Work B Paving C Concrete D Miscelfaneous SUBTOTAL CONSTRUCTION COST ESTtMATE 15% Contingency TOTAL BOND ESTIMATE Fallon & Tassaiara Roads October 26, 2010 JOB # 021031 P4 Page 1 of 3 $5,561 $30,881 $9, 306 $17, 733 $63,481 $9,522 ~73,003 A Grading/Site Work $24,094 B Paving $542,244 C Concrete $72,509 D Storm Drain $87,080 E Miscellaneous $583,755 SUBTOTAL CONSTRUCTION COST ESTtMATE $1,309,682 15% Contingency $196,452 TOTAL BOND EST(MATE $1,506,134 LESS 75% FOR WORK ALREADY COMPLETED ($1,129,601) TOTAL REMAINING BOND ESTIMATE ~376,534 GRAND TOTAL ~44g,536 Notes: All cost figures are given as estimates oniy. Actual cost will be dependenf on the cost figures at bidding time; the general market situation, contractor's workload, seasonal factor, labor and material cost, etc. This engineering firm cannot be responsible for fluctuations in cost factors. 2. This cost estimate is based on Tract 7540 - Silveria Ranch (Phase 4)' Improvement Plans prepared by Ruggeri- Jensen-Azar & Associates, datect June 27, 2006. This estimate applies to Fallon Road from station 235+34.99 ~o station 236+57.74: 3. This estimate does not include Engineering fees and Public Agencies' fees. 4. This estimate does not include joint trench. 5. This estimat2 does not include costs for water or sewer improvements which faii under Dublin San Ramon Services District Jurfsdiction ;:'`ud~nii~y'ubi-0=AG3/O~C~co~~e,crAbrnir(V:G~°!l;ISf:I-BOrVD(Cirri.F~illnn Rocrd.Pin~+.Lii~.d.e f~~~~c- Pre(iminary Estimate of Probable Construction Costs Octooer 26, 2010 TRACT 7540 - SIL VERIA RANCN ~OB # 02103~ ~a Phase 4- Imp~ovement Plans Page 2 of 3 Fa1/on Road CITY OF DUBL/N - BOND ESTIMATE fTEM DESCRIPTION UNfTS QUANTITY UN(T PRICE AMOUNT Fallon Road Gap Closure A. Grading/Site Work 1. Fine Grading (PL to PL) SF 13,805 $0.20 $2,761 2. Rough Grading CY 1,600 $1.75 $2,800 Subtotal $5,561 B. Paving 1. AC Pavement (5" AC over 9" AB over 14" ASB) SF 8,235 $3.75 $30,881 Subtotal $30,881 C. Concrete 1. Regional Trail (12' sidewalk) SF 1,440 $3.15 $4,536 2. 6" Curb and Gufter (including 4" AB cushion) LF 235 ~9.00 a2,115 3. Median Curb LF 295 $9.00 $2,655 Subtotal $9,306 D. Miscellaneous 1. Landscaping (Planting and Irrigation) SF 3,275 $3.50 $11,463 2. Signing & Striping LS 1 $500.00 $500 3. Traffic Controi LS 1 $1,250.00 $1,250 4. Sawcut Existing Pavement LF 90 $3.00 $270 5. Street Lights EA 2 $2,000.00 $4,000 6. Monuments EA 1 $250.00 $250 Subtotal $17,733 „~\,~,hnirt\inlz<-0~10? 10~ (kas;csll4Un,l~/:G'~P(~1.-1 J fi J-GO:VDCin~l. f~allon Ra[:~1. Pinn. Li~~_r~c l(~~~ ~~~ Preliminary Estimate of Probable Construction Costs Ociober 26, 2010 TRACT 7540 - 52VERIA RANCH JOB # 021031 P4 Phasa 4- lmprovement Plans Page 3 or 3 Fallon Road CITY OF DUBLIN - BOND ESTIMATE (TEM DESCRIPTION UNITS QUANTITY UNIT PRICE AMOUNT Fallon & Tassaiara Raads A, Grading/Site Work 1. Fine Grading (PL to PL) SF 120,470 $0.20 $24,094 Subtotal ~24,Q94 B. Paving 1. AC Pavement (5" AC over 9" AB o ver 14" ASB) SF 143,475 $3.75 $538,031 2. AC Berm LF 1,685 $2.50 $4,213 Subtotal $542,244 C. Concrete 1. Sidewaik SF 8,530 $3.15 $26,87Q 2. Regional Trail SF 2,965 $3.15 ~9,340 3. 6" Curb & Gutter (including 4" AB) LF 1,760 $9.00 $15,840 4. Media~ Curb LF 1,590 $9.00 $14,310 5. Handicap Ramps EA 7 $750.00 ~5,250 6. Driveway Cuts SF 200 $4.50 $900 Subtotal ~72,509 D. Storm Drain 1. Storm Drain Manhole EA 2 $2,200.00 $4,400 2. Adjust Manhole Rim to Grade EA 1 $500.00 $500 3. Stormwater Inlet EA 8 $1,700.00 a13,600 4. 24x24 Field Inlet EA 7 $1,500.00 $10,500 S. Subdrain & Curb LF 1,760 $16.00 $28,160 6. 18" (FiCP) LF 650 $32.00 $20,800 7. 24° (RCP) LF 240 $38.00 $9,120 Subtotal $87,080 E. Miscellaneous 1. Landscaping (Planting and Irrigation) SF 7,730 $3.50 $27,055 2. Signing & Striping LS 1 $7,500.00 $7,500 3. Traffic Control LS 1 $23,750:00 $23,750 4. K-Rail LF 670 $70.00 $46,900 5. Sawcut Existing Pavement LF 1,470 $3.00 $4,410 6. Barricade LF 526 $15.00 $7,890 7. Street Lights EA 8 $2,000.00 $16,000 8. Monuments EA 1 $250.00 $250 9. Traffic Signal LS 3 $150,OOQ.00 ~450,000 Subtotal 5583,755 ._`: tdntin~inh,r-OZV7? l0_ l~co r!e;7V~an<<",i~b'V H:ISc -!~ o0iv0(CilcJ. Fa/lun R~ ~,;cL Pbu~. Lii~ ~1.c l ~~ ~~,~~ ~ Pre/iminary Estimate of Probable Construction Costs TRACT 7540 - S1LVcRlA RANCH Phase 4 - lmprovement Plans CITY OF DUBLIN - BOND EST111iTATE SUMMARY Silvera Ranch Phase 4 On-Site A Grading/Site Work B Paving C Concrete D Storm System E Miscellaneous SUBTOTAL CONSTRUCTION COST ESTIMATE 1 5% Contingency TOTAL BOND ESTIMATE LESS 75% FOR WORK ALREADY COMPLETED TOTAL REMAINING BOND ESTfMATE Notes: October 26, 2010 JOB ~ 021031 P4 Page 1 of 2 $26,840 $306, 730 $129,766 $255,369 $93,945 5812,650 $121,897 $934,547 (~700,910) $233,637 i. All cost figures ar2 given as estimates only. Actual cost will be dependent on the cost figures at bidding time; the general market situation, contractor's workioad, seasonal factor, labor and material cost, etc. This engineering firm cannot be responsible for fluctuations in cost factors. 2. This cost estimate is based on 'Tract 7540 - Silveria Ranch (Phase 4)' Improvement Plans prepared by Ruggeri- Jensen-Azar & Associates, dated June 27, 2006. 3. This estimate does not include Engineering fees and Public Agencies' fees. 4. This estimate does not inciude joint trench. 5. This estimate does not includ2 costs for water or sewer improvements which fall under Dublin San Fiamon Services District Jurisdiction ~:~~rbn rnV nl,s-03~0_' lG3 /~cn.r+c~ ct L~ oncnKo'V',~IAS E d-BO hD! C(r r1..~ Lr r~ ~~~ a~ Praliminar~ Estimate of Probab/e Construction Costs October 20, 2010 TRACT 7540 - SILVcRIA RANCH JOB # 021031P4 Phase 4- Improvement Plans Page 2 of 2 CITY OF DUBLIN - BOND ESTIMATE ITEM DESCRIPTION UNITS QUANTiTY UNfT PRICE AMOUNT Silvera Ranch Phase 4 On-Site A. Grading/Site Work 1. Fine Grading (PL to PL) B. Paving 1. AC Pavement (4" AC over 10" AB) 2. AC EVA/Trail (2" AC over 8" AB) C. Concrete 1. Sidewalk 2. 6" Curb and gutter (including 4" AB cushion) 3. Standard Fiush Curb 4. Driveway Cuts 5. Handicap Ramps D. Storm System 1. Storm Drain Manhole 2. Storm Water Inlet 3. Storm Water Inlet (Inlet Type B(CD-401) 4. 24" x 24" Field Inlet 5. 6" Subsurface Drain (Under Bioswale) 6. Subdrain at curb 7. 18" (FiCP) 8. 24" (RCP) 9. 24" (RCP) w/ Extra Protection SF 134,200 $0.20 $26,840 Subtotal $26,84Q SF 86,360 ~2.75 $237,490 SF 34,620 $2.00 $69,240 Subtotal $306,730 SF 20,105 $3.15 $63,331 LF 3,920 ~9.00 $35,280 LF 1,650 $9.00 $14,850 SF 3,290 $4.50 $14,805 EA 2 $750.00 $1,500 Subtotal $129,766 EA 3 $2,200.00 ~6,600 EA 4 $1,700.00 $6,800 EA 6 $2,000.00 $12,000 EA 17 $1,500.00 $25,500 LF 1,555 $21.00 $32,655 LF 3,920 $16.00 $62,720 LF 1,857 $32.00 $59,424 LF 1,033 $38.00 $39,254 LF 217 $48.00 $10,416 Subtotal ~255,369 E. Miscellaneous 1. Landscaping (Planting anct lrrigation) 2. Signing & Striping 3. Street Lights 4. Monuments SF 17,270 $3.50 $60,445 LS 1 $2,000.00 $2,000 EA 13 $2,000.00 $26,000 EA 22 $250.00 $5,500 Subtotal $93,945 g:4ir6r.i%iy~alr;-0?47] 67i l~c'n,~:csrV>nie/~n B1PH.ASE 4-60iVD(Cirvl-i'l.t~ 1 ~~ ~~~~ ~ ACOE2L?~ ~ ~ CERTIFICATE OF LIABIL~TY INSTJRANCE DATE (MM/DD/YYYY) ____ as~z~~zoio PRODUCER Aon Ri sk Insurance Servi ces west, Inc. THES CBRTTFICATE LS TSSUED AS A MATTER OF INFORMATION ONLY Los Angel es CA Offi Ce AiVD CONFERS iV0 RiGHTS UPON THE CERTIFiCAT~ HOLDER. THIS 707 wi 1 sh i re Boul evard CBRTIFtCA7'E DOES NOT AMENU, EXTEND OR ALTER THE 5ui te 2b00 Los Angeles c~, 90017-0460 usa COVERAGE AFFORDED SYTHE POLICIF:S BELOW. et~oxe- 866 283-7122 Fnx- 847 953-5390 ~~SURERS AFFORDING COVERAGE NAlC tt INSllRED INSURER A: 0~ C~ Republ i c I715 CO 24147 KB Home 5outh Bay Inc. 6700 Koll Center Parkway, Suite 200 wsu~aa: National union Fire Ins Co of Pittsburgh 19445 Pleasanton Ca 94566 usn nasux~ac Insurance Company of the State of PA 19429 INSURER D: I~SURER E: i, v r i tit t'c~uc~ra OF tNSURANCE LISTED BEiAW HAVE BEEN 2SSUED TO TF[E RJSURED NAMED ABOVE FOR THE POLICY PERlOD MDICATED. N07W(THSTANDMG ANY REQUIR~MENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WtTH RESPECT TO WHICH 7H1S Cf:R'CIFICATE MAY BE 1SSUED OR MAY PERl'AIN, THE llJSURANCE AFFORDED BY'tHE POUCIHS DESCRIBED HERERJ )S SUBJECT TO ALI. THE 7ERMS, EXCLUSIONS AND COND1T10NS OF SUCH POLiCIBS. AGGKEGA'I'E LiMI"[B SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS. LIMI7S SHOWN AftE AS REQUESTED INSR n~U' LTR ~NSR~ TYPE OF 1NSURANCE PpL}CY NUM1iDER POLICY EF7~'ECT2V E POLICY EXPIMTIO N LfMITS DATE(MM/DQ/YYYY DA MM/DD/YYYY A e HERALLIAeILIrv ~Y58642 11/30/2009 11/30/2010 gp~p~~2~CE $1,000,000 X COMMERClALCEi3ERAl.L(AI3ILITY DAMAGE70ftENTED CLAIMS MADE ~ OCCUR PREMISES (6a occ~rrencc) ' 'b My nnc ycrson " PERSONAL&AUV(NJURY $1 000 00 0 r ~ ~ , r GENERALnCGRECATE $1,000,000 ~ OEN'L AGCREGATE L[MIT 0.PPLIES PFR c ^ F`OUCY ~ PRO• ~~C PRODUCTS - COMPlOP AGG 31, 000, OOO C IECT r ~ 6 ,1U'1'OMOBII,F. LIABIUTY CA 8263648 Q8/31/2~10 08/31/2~11 CpMlilNflD SINGLE LIMIT ANYAUTD (Eaaaincm) 51,000,000 i n~~ owrrc~ nuros ~ BODICY iNNRY SCHEDULED AUTOS ( pa pvson) L X HIRED AUTOS ~ODiLY [N1URY ( x NON 0 WNED AUTOS (Pcr ocadcru) ~ PROPERYY DAMAGF. (Pa n<cidcm) CARAGE L.IABlLITY AUTO ONLY - EA ACCIDENT ANY AU'IYJ OTHER TNAN F/+ ACC ~ AUTO ONLY: AGG EXCESS / UMBRELLA L[ABILITY ~CH OCCUBRENCE ^ OCCUR ^ CLAIMSMADE AGGREGATE DEDUCTIDLG R[TENTION C WORKERS COMFEIVSATION rVYD wC X WC S'fATtJ- OTN- EMPI,OYERS' LIAIiFLITY ~ ry AOS R ~ ~ WC014770746 OS/31/Z020 08/31/2011 E.L. EACH ACCIDENT ` $ Z OOO OOO nr~YPROPAIEiOR/rARTNER/EXECU'riVE ~ ~ ( OTFICGR/hfLMBER GXCWDED? Mondatory in N7;) ~ . F.L AISEASE~EA EMPLOYEE $1, 000, OOO I f et,dcscribcwWcrSPEC7ALPftOV1SlONSbcbw ~ L.L. DISLASE-POLICY IJMIT $1 ~ OOO ~ O00 ~ OTFlER DESCRIPTION OP OPERATIONSfLOCA7lONS/VEIdICi.ES/EXCLUSION$ ADDED BY FNDORSEM6N7/SPGCtAL PROVISIONS - ' '~ Re: Contractor s State ~icense #482947 CERTIFICATE TiOLDER CANCELLATJON Contractors StdT2 License BOdCC~ state of Cal i forni a SHOULDANYOfT7dEAII0V6DESCRI&EDPOLJCIESBECAIVCELLEDU6FORETHEEXPIRATION 98Z1 6t151fI2SS Park Drive, DA7E TriERFAF, THE 1SSUfNC INSVRER W(LL ENDEAV02T0 MAIL 30DAYSWR7'[TENNO'I7CETOTHECERTIFICATEHOLDEANAMEDTOTHELEFT, Sacramento c ~a 95827 u5A BUTFAILURETODOSOSHALLiMPOSE1J008L)GATIONORLIABILITY . OF nNY K]ND UPON THE MSURER, fCS AGENT$ OR REPRESENTATiVGS. AUT7iOR12EDREPR~SENfATYVE ~~y ~~~~~~~P~~4 ~~~ AI:VI<U L~ (zUOY/UI) 61988-2004 ACORp CORI'OE2ATION. All rigLts reserved- The ACORb name and logo are regis~ered marks of ACORD ~ ~ a~ ~ A~ OROr~ CERTIFICATE OF LIABILITY iNSURANCE DATE (MM/DD/YYYY) 08/27/2010 PRODUCER Aon Risk Insuranc2 Servic25 West, Inc. TFYIS CERTIFICATE IS TSSUED AS A MATTER OF fiVROR1VFATION ONLY Los Angel es CA Offi Ce AND CONFERS NO RTGHTS UPON T[~E CERTIF7CATE HOLDER. THTS 707 wi 1 shi re ¢oul evard CERTIFICA7'E DOES NOT AMEND, EXTENII OR ALTER THE Sui te 2600 ' COVERAGE AFFORDEb BY THE POLICIES SF LOW Los nnge fes cp. 9~017-0460 usa , . PHONE- HF>E 283-7122 Fnx- 847 953-5390 IiVSURERS AFFORDTNG COVERAGE NAEC ti INSllRED m~sua~cn: old Republic Ins Co ~ 24147 KB Home South Bay Inc. 6700 I<oll Center Parkway, Suite 200 ~r~sonsan: National union Fire Ins Co of Pittsburgh 19445 Pleasanton Ca 94566 usa ~vsunExc Insurance Company of the State of PA 19429 1NSUfiER D; fPISURCR F_• l: V Y Ll(A(iLJ THG POLICiL•S OF INSURANCE LISTED DELOW HAVE BEEN 1SSUED TO "I7~iL INSURED NAMEQ ABOVE FOR THE POL7CY PERIOD MDICAT6D. NOTWI7'HSTANDING ANY REQU7R$MENT, TERM OR COND]TION OF ANY CONTRAGT OR 0"CEIfiR DOCUNibNT WtTH RESPECT TO WHICH 7HI5 CERTIFICATE MAY I3F 1SSUED 02 MAY PER1'AIN, THE iNSURANC& AFFORDED BY 7HE POWCIkS PESCR/B$D HF.REIN 1S SUBJECT TO ALL 7HE 1'ERMS, EXCLUSIONS AND CONfJl7']ONS OF SUCH POL]CIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUC&D BY PAID CLAIMS . LIMITS SNOWN ARE AS f2EQUESTE D INSR ADD' LTR ~NSR6 TYPE aF IRSORANCE PQLICY NUMIIER POUCY EFFECTIVE PD4tCY EXPIRAYION LtMITS DATE MM/DDlYYYY DAT MM7BD/YYYY A ,F,NERA4LIABiLITY MwZV58642 11/30/2009 11/30~2010 EACHOCCVRRENCE $1,000~00 0 X COMMERCIALGENERALLIA331UTY DAMAGETORENTGD CLAIMS MADE ~ OCCUft PREMISES (Ea occunencc) E pny pnepcroon '" - n PFRSONAL&AUVR~tJURY SZ,OOO,OO O C n GENGI'tALAGGRGGATE $] OEN'L AGCRECATE L[MIT APPUES PL-R: .,OOO,OO O Q Q ^ I'OUCY ~ ~ LOC PROOUCTS-COMP/OPAGG Sl,OOO,00 0 ~ G n I~~ . v B AVt'OM061/,6 LIABIL177 Cq 8263648 OS/31/2~10 OS/31/2011 CpM131NED SINGIG UMIT t ANYAUTO (Eaaccictcnt) S1,OOO,OOO ~e ALL OWNED AUTOS BQDILY INNRY i SCHEDULED AUTOS ( Pcr person) C T X HIRiiDAUTOS ~ ~ [30DiLY INIURY C x NON 0 WNED AUTOS (Pcr ncddcntj PROPE2TY DAMAQF (PcrnccidcnQ CARAGF L,IABtLITY AUTO ONLY - EA ACCIDfJ~77 AiY'/ AUTO OTHE2 THAN GA ACC AVTO ONLY : " AGCi EXCESS I VMBRELLA LfABILITY EACH OCCURRENCE ^ OCCUR ^ CLATMS MADE nGGREGATG DEDUCT16L8 RBTENTIOiJ WORICERS COMPFMSATION MQ wc X WC STA7iJ- OTH- E!17PtOVBRS' L[A121UTY Y h q05 1' I IMITS FR C . ANYPROPRIETORIPARTNER/L-XECUTIVE WC014770746 08/31/2010 08/31/2011 F.L EACH ACCIDENT ~ $I ~ OOO ~ O00 OYFICENMGMBLR fXCLUDtb? (MenAatory in N!i) Ca F,.L 1~ISFA56L•A EMpl.OYEE $1, 000 ~ O00 If et, dcscribc widcr SPECIAL PROVISIONS bcMw GL. DISEASE-POLICY I.IMIT $1 ~ OOO ~ OOO ~ 07'HER DFSCRIPTION OP OPERATIONSlLOCATIONS/VENICLES/EXCWSION$ A6DED BY ET1D02SLMGN7/SP[CIAL PROVISIONS -"~ Re: Contractor's state License #482947 CLRTIi~ ICAT~ HOLDER CANCELLATION COf1T('dCtOI"S state LlC8Il5C' BOd('C~ $tdL2 of Cal i fo rni a SHOUI.,DANYOfT11EA60VeDE$CRIBEDPOLICfE$BECANCT:I1ED13LFORETHGE7CPIRATION ' 9821 BUSlnBSS Park Df'IVQ, DATE fFIEREOF, THC ISSUtNO INSURER WICL ENDGVOR YO MAIL 30UA1'SWRITT£NNOTICE-COTHECEhTIPICATGIiOLDERNAMED7'OTHELEFT, ~ S3Cf'dlp2(1'CO CA 95827 USA BUTFARURETODOSOSHALLIMPOSE1~006LIGATiONORLfAB1LITY , ~, OF ANY K1ND QPON THB FNSU2ER, tTS AGGNTS OR REPRESLN7ATiV[S. AUTHORI2EDREPRtSENTATiVE ~R ~j~'~~~ ~~a ~~~ nt~wtu LS (zuuviui) ~07988-2009 ACORD CORPORA"CION. All rigLis reserved Thc ACORD n¢me and logo are registered marks of ACORD ~