HomeMy WebLinkAboutItem 4.16 Jordan Ranch Neighborhood Parkor
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DATE:
TO:
STAFF REPORT
CITY COUNCIL
November 17, 2015
Honorable Mayor and City Councilmembers
CITY CLERK
File #600 -60
FROM: Christopher L. Foss, City Manager �?14 "
SUBJECT: Approval of Improvement Agreement for Jordan Ranch Neighborhood Park
Prepared by Meghan Tiernan, Facilities Development Manager
EXECUTIVE SUMMARY:
The City Council will consider an Improvement Agreement with BJP -ROF Jordan Ranch, LLC, a
California Corporation, to construct the 4.99 -acre neighborhood park as identified in the Eastern
Dublin Specific Plan within the Jordan Ranch development. Execution of this Agreement is a
requirement of the First Amendment to the Development Agreement with BJP -ROF Jordan
Ranch, LLC, for the Jordan Ranch Project.
FINANCIAL IMPACT:
The 2014 -2019 Capital Improvement Program includes Jordan Ranch Neighborhood Park
(Project PK- 0514). The total project budget is $2.3 million of which $1.6 million was budgeted
for park construction. A recent estimate for the park improvements was $1.965 million. BJP -
ROF Jordan Ranch, LLC, will construct the Jordan Ranch neighborhood park as currently
designed. The Developer will not receive any park improvement credits for the first $1.6 million
of the construction costs; however will receive neighborhood park improvement credits for the
construction cost above $1.6 million.
RECOMMENDATION:
Staff recommends the City Council adopt the Resolution Approving the Improvement
Agreement with BJP -ROF Jordan Ranch, LLC for Jordan Ranch Neighborhood Park.
u' bmitteb By
Public Works Director
DESCRIPTION:
\ Reviewed By
Assistant City Manager
BJP -ROF Jordan Ranch, LLC is the developer of the Jordan Ranch subdivision, consisting of
approximately 187.9 -acres of land, generally at the northeast corner of Fallon Road and Central
Parkway.
Page 1 of 2 ITEM NO. 4.16
On December 6, 2011, the City Council approved the Final Map and accepted parkland
dedication in -lieu credits for park land dedication requirements for Tract 8024, Jordan Ranch,
(BJP -ROF Jordan Ranch, LLC). As part of that Tract Map, BJP -ROF Jordan Ranch, LLC
offered for dedication the 4.99 -acre Neighborhood Park within Tract 8024 to satisfy
Neighborhood Park Land dedication obligations, for which it received Neighborhood Park
Dedication credits under the City's Public Facilities Fee Program.
As approved by City Council on October 6, 2015, the First Amendment to the Development
Agreement with BJP -ROF Jordan Ranch, LLC, requires the developer to construct the Jordan
Ranch neighborhood park. The park went through a public design review process in 2013 and
was approved by the City Council on January 21, 2014. Subsequent to the City Council's
design approval of the park, construction drawings for the park improvements have been
completed and the project is ready for construction.
A recent estimate for the park improvements by the Developer was $1.965 million. The
Developer will not receive any park improvement credits for the first $1.6 million of the
construction costs (as this was considered as part of the Developer's community benefit), but
will receive park credits for the construction cost above that amount. This will relieve the City's
Public Facility Fee program from having to pay for most of the park improvements. In turn,
depending on the outcome of the re- bidding of Fallon Sports Park, cash flow for future parks will
likely be available sooner than has been expected. The next neighborhood park in the queue is
Sean Diamond Park, which is currently in design.
Staff has prepared a Resolution Approving the Improvement Agreement for Jordan Ranch
Neighborhood Park (Attachment 1). The Improvement Agreement (Exhibit A to Attachment 1)
calls for construction to commence by March 1, 2016 (provided that the City has provided the
plans by January 15, 2016), and all Improvements shall be completed no later than March 1,
2017. The City intends to accept the land and improvements upon completion of construction
and in consideration for the developer's satisfactory performance of the terms and conditions as
outlined in the Improvement Agreement, which is Exhibit A to Resolution Approving the
Improvement Agreement (Attachment 1).
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
A copy of the Staff Report was sent to BJP -ROF Jordan Ranch, LLC.
ATTACHMENTS: 1. Resolution Approving the Improvement Agreement with BJP -ROF
Jordan Ranch, LLC for Jordan Ranch Neighborhood Park
2. Exhibit A - Jordan Ranch Park Improvement Agreement
3. Exhibit B - Cost Estimate
4. Concept Plan
Page 2 of 2
RESOLUTION NO. XX - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
APPROVING THE IMPROVEMENT AGREEMENT WITH BJP -ROF JORDAN RANCH, LLC
FOR JORDAN RANCH NEIGHBORHOOD PARK
WHEREAS, BJP -ROF Jordan Ranch, LLC ( "Developer ") owns portions of certain real
property consisting of approximately 187.9 -acres of land generally northeast of the intersection of
Fallon Road and Central Parkway on which it is pursuing a residential development project; and
WHEREAS, the Developer will dedicate a 4.99 -acre Neighborhood Park within Tract 8024
to satisfy Neighborhood Park Land dedication obligations, for which has received Neighborhood
Parkland fee credits under the City's Public Facilities Fee Program; and
WHEREAS, the Developer and the City have proposed to enter into an Improvement
Agreement for Jordan Ranch to develop the 4.99 -acre Neighborhood Park with the Developer
receiving partial Neighborhood Park Improvement fee credits under the City's Public Facilities Fee
Program as agreed in the Development Agreement Amendment with BJP -ROF Jordan Ranch,
LLC approved by Ordinance 10 -15; and
WHEREAS, said Improvement Agreement will be secured by a bond furnished after
execution of the agreement and prior to issuing the credits for the improvements, conditioned
upon faithful performance of said Agreement; and
WHEREAS, said Improvement Agreement is secured by a bond furnished after execution
of the agreement and prior to issuing the credits for the improvements, conditioned upon payment
for labor performed or materials furnished under the terms of the said Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does hereby approve an Improvement for Jordan Ranch Neighborhood Park with BJP -ROF
Jordan Ranch, LLC attached hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED this 17th day of November, 2015, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
ATTACHMENT 1
City Clerk
ATTACHMENT 1
IMPROVEMENT AGREEMENT FOR
JORDAN RANCH PARCEL D (NEIGHBORHOOD PARK SITE)
THIS IMPROVEMENT AGREEMENT (this "Agreement ") is made and entered in
the City of Dublin on this 17th day of November, 2015 by and between the City of Dublin,
a Municipal Corporation (hereafter "City ") and BJP -ROF Jordan Ranch, LLC, a California
Corporation (hereafter "Landowner "). City and Landowner are hereinafter collectively
referred to as the "Parties."
WITNESSETH:
WHEREAS, Landowner owned, and still owns portions, of certain real property
( "the Property ") consisting of approximately 187.9 -acres of land generally northeast of
the intersection Fallon Road and Central Parkway, on which it is pursuing a development
project ( "the Project "); and
WHEREAS, in pursuit of the Project, Landowner and City entered into a
Development Agreement with the City, dated June 22, 2010, recorded on July 27, 2010
as Instrument No. 2010206466 of the Official Records of Alameda County
( "Development Agreement "); and
WHEREAS, Landowner filed Tract Map 8024 in 2011, which reserved a 4.99
acre park site, and indicated that it would be conveyed to the City of Dublin by
subsequent instrument; and
WHEREAS, Landowner recently sought, and the City approved, certain changes
to the project entitlements, including an amendment to the Development Agreement,
which among other things, obligates Landowner to improve the 4.99 -acre Neighborhood
Park at the Developer's cost, with a portion of the costs of the improvements being a
credit against the City's Neighborhood Park Improvement component of the Public
Facilities Fee Program; and
WHEREAS, Landowner agrees to satisfactorily complete the improvements
within the time hereafter specified, and the City intends to accept Landowner's offer of
dedication of the land and improvements in consideration for Landowner's satisfactory
performance of the terms and conditions of this Agreement; and
WHEREAS, except as otherwise defined herein, all capitalized terms used but
not defined in this Agreement shall correspond to the defined terms in the Development
Agreement.
NOW, THEREFORE, City and Landowner agree as follows:
1. Land Dedication. The Landowner, concurrently with the execution of
this Agreement, has delivered an offer of dedication to the City the acceptance of which
would convey to the City the approximately 4.99 -acre neighborhood park parcel
(designated Parcel "D" on the final map for Tract 8024) (the "Neighborhood Park "). The
City will accept the dedication upon its acceptance of the Improvements pursuant to
Section 4.
2. Construction Documents. The City has prepared construction plans and
specifications for the Improvements, dated August 27, 2015, and on file with the Parks
and Community Services Director.
3. Completion Time. Landowner will commence construction of the
Improvements by March 1, 2016, provided that the City has provided the plans by
January 15, 2016, and shall complete all Improvements no later than March 1, 2017
except as extended by weather delays as allowed for in the City's standard
specifications or unless the completion date is extended by the City Council. Developer
shall maintain the improvements for three months following substantial completion. Time
is of the essence in this Agreement. Upon completion, Landowner shall furnish City with
a complete and reproducible set of final as -built plans and AutoCAD copies of the
Construction Documents for the Improvements, including any City authorized
modifications.
4. Acceptance of Work. Upon notice of completion of all Improvements and
delivery of a set of final as -built plans copies of Construction Documents to City by
Landowner, the City shall examine the Improvements without. delay. If the
Improvements are found to be in accordance with said plans and specifications and this
Agreement, City shall recommend acceptance of the work to the City Council, and, upon
such acceptance, shall notify Landowner or its designated agents of such acceptance.
City shall only accept the Improvements at 100% completion.
5. Bid Documents. Landowner = shall prepare the bid documents for the
Neighborhood Park. The City shall review and approve the bid documents prior to the
issuance of a notice of, and invitation to, bid by Landowner. Bids shall be lump sum with
an itemized unit summary to be used for additions and deletions only. The City shall be
permitted to review the bids received by Landowner and provide comments on them
prior to Landowner's selection of the most appropriate bid. All bids shall include
prevailing wage rates. The City shall have ten (10) working days to review the bids and,
in the event the City concludes the bids are unacceptably high and not to budget, to
notify Landowner of required modifications to the Improvements or the need to solicit
additional bids. The City shall provide Landowner with an opportunity to review and
comment on any proposal by the City to modify the Improvements and shall give such
comments fair consideration.
6. Inspection of the Work. Landowner shall guarantee free access to City
through the City Manager's 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 Landowner and replaced to the satisfaction of City without any expense to
City in strict accordance with the improvement plans and specifications. The City
representative will also attend all project progress meetings during the course of
construction. Landowner shall submit any plan changes before and during construction
to the City Manager's designated representative for approval. Construction shall not
begin on any plan changes unless they are approved pursuant to Section 7 of this
Agreement.
7. Change Orders. Landowner shall submit a written request for approval of
any change orders to the City at least 15 working days prior to proceeding with any
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change order. Landowner shall not issue any change orders on such construction
contract without first obtaining City's written consent. Landowner acknowledges the
failure to obtain such written consent from the City will result in Landowner's sole
responsibility to pay for such change orders without reimbursement or credit from the
City. Any change in design in the Improvements must have City's pre - approval.
8. Other Costs. City and Landowner acknowledge that City and Landowner
incur various costs during park development beyond construction document preparation
and improvement construction. Such costs include but are not limited to consultant
construction assistance (environmental, inspection, engineering), storm water pollution
prevention, utility bills (electric, water), City inspections, permits and fees, design /drafting
fees, fencing, maintenance and miscellaneous costs such as photocopying and printing.
Landowner shall not enter into contracts for such costs or otherwise procure such
services without obtaining City consent. Landowner will provide City with copies of any
contracts and detailed descriptions of scope of work to be performed. Landowner
acknowledges failure to obtain such written consent from the City will result in
Landowner's sole responsibility to pay for such other costs without reimbursement or
credit from the City.
9. Payments. Landowner shall be responsible for all payments associated
with the Improvements. This includes but is not limited to, contractors work, electric and
water bills, storm water pollution prevention, consultant construction assistance, City
inspections, permits and fees. Landowner shall provide to City a monthly accounting
summary outlining project costs to date. Landowner will include copies of invoices paid.
Landowner will provide copies of cancelled checks if requested- by City.
10. 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, Landowner guarantees all work executed
by Landowner and /or Landowner'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 fora, period of one year after final acceptance of the entire
work by City. All manufactured products specified for the site shall have extended
warranties as available from the companies that supply the products. All such warranties
shall be transferred to the City prior to final acceptance of the Improvements. These
warranties shall cover both the replacement of parts and the labor necessary to have the
equipment in proper working order. These products include, but are not limited to: play
equipment, site furnishings and mechanical equipment. Landowner 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. Landowner further covenants and agrees that
when defects in design, workmanship and materials actually appear during the
applicable guarantee period, and have been corrected, the guarantee period for such
corrected items shall automatically be extended for an additional year to insure that such
defects have actually been corrected. In the event the Landowner shall fail to comply
with the conditions of the foregoing guarantee within ten (10) 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 Landowner shall pay to City on demand all
costs and expense of such repair. Notwithstanding anything herein to the contrary, in
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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 Landowner 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 as
provided herein, Landowner 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.
11. Estimated Cost of Improvements. The estimated cost of constructing the
Improvements required by this Agreement as adjusted for inflation is agreed to be for a
fixed limit in the amount of $1,965,000 as more fully set out in Exhibit "B" entitled
"Complete Project Cost Estimate — Jordan Ranch Neighborhood Park Improvements"
and incorporated herein.
12. Bonds Furnished. Concurrently with the execution of this Agreement,
Landowner shall furnish City with the following security in a form satisfactory to the City
Attorney. Landowner shall increase or decrease the amount of the security if project
costs increase or decrease pursuant to section 11.
a. Faithful Performance. Either a cash deposit, a corporate surety
bond issued by a company duly and legally licensed to conduct a general surety
business in the State of California, or an instrument of credit equivalent to one hundred
percent (100 %) of the estimate set forth in Section 11 and sufficient to assure City that
the Park 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 estimate set forth in Section 11 and sufficient to assure City that
Landowner's contractors, subcontractors, and other persons furnishing labor, materials,
or equipment shall be paid therefore.
C. City shall be the sole indemnitee named on any instrument
required by this Agreement. Any instrument or deposit required herein and the release
thereof shall conform with the provisions of Chapter 5 of the Subdivision Map Act.
13. Fee Credit For Park Improvement. In consideration for the Improvements
to be constructed by Landowner, City shall, upon Landowner's posting the security
required by Section 12, grant Landowner Public Facilities Fee credits in the form of an
exemption from the neighborhood park improvement component for the 45 residential
units proposed on Parcel H of Tract 8024 and for the 105 residential units proposed on
Parcel A of Tract 8100 (former School Site). The parties agree that the monetary value
of those credits is presently approximately $365,000, which amount will change from
time to time as a result of periodic changes in the amount of the Public Facilities Fee.
Landowner will not receive credits for the additional costs of the improvements that
exceed the value of the exemption provided by this paragraph.
ld
14. No Credit for Excess Costs. Costs are not subject to reimbursement by
City to Landowner to the extent that actual construction, design, and related costs, as
approved by City, total more than the above fee credit.
15. Obligations Arising from Agreement. Neither the General Fund nor any
other fund or monies of City shall be utilized for payment of any obligations arising from
this Agreement. Neither the credit nor the taxing power of City is pledged for the
payment of any obligations arising from the Agreement. Landowner's obligations arising
from this Agreement are not a debt of City, or a legal or equitable pledge, charge, lien or
encumbrance upon any of its property, or upon any of its income, receipts or revenues.
16. Liability.
a. Landowner Primarily Li
design and construction of the Improvemen
adjacent properties and that all work will be E
agrees to indemnify, defend with counsel acc(
officers, officials, employees, agents, and vol
claims, suits, liabilities, actions, damages, or
description,(collectively "Liability ") directly or i
Landowner, its employees, agents, or ind
Landowner's actions and obligations hereun
sole negligence or willful misconduct of the Ci
1) That City do
Landowner which it may have by reaso
because of the acceptance by City, or the
insurance policies described in Paragraph
ble. Landowner hereby warrants that the
will not adversely affect any portion of
:rformed in a proper manner. Landowner
ptable to City, and hold harmless CITY, its
nteers, from and against any and all loss,
,auses of action of every kind, nature and
idirectly arising from an act or omission of
pendent 'contractors in connection with
er, except such Liabilities caused by the
✓: provided as follows:
, and shall not, waive any rights against
ie aforesaid hold harmless agreement,
sit with City by Developer, of any of the
reof.
2) That the aforesaid hold harmless agreement by
Landowner 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. 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 (except for those manufactured products where extended warranties have been
provided, in which case the extended warranty period shall apply) 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.
C. 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
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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 Landowner's surety
on the bonds provided under paragraph 12.
d. Third Party Claims. With respect to third party claims against the
Developer, the Developer waives any and all rights of any type to express or implied
indemnity against the City.
17. Insurance Required. Concurrently with the execution hereof, Landowner
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 Risk Manager of
City, or his designee, as to form, amount and carrier. Prior to the commencement of
work under this Agreement, Landowner's general contractor shall obtain or cause to be
obtained and filed with the Risk Manager, all insurance required under this paragraph,
and such insurance shall have been approved by the Risk Manager of City, as to form,
amount and carrier. Landowner shall not allow any contractor or subcontractor to
commence work on this contract or subcontract until all insurance required for
Landowner and Landowner'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. Coveraae 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. Landowner shall maintain limits no
less than:
1) General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage. If commercial
General Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
X
3) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
C. Deductibles and Self- Insurance Retentions. Any deductibles or
self- insured retentions must be declared to and approved by the City. At the option of
the City, Landowner shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
1) General Liability and Automobile Liability Coverages.
a) The City, its officers, agents, officials, employees and
volunteers shall be named as additional insureds in respect to: liability arising out of
activities performed by or on behalf of the Landowner; products and completed
operations of the Landowner; premises owned, occupied or used by the Landowner; or
automobiles owned, leased, hired or borrowed by the Landowner.
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 Landowner's insurance coverage shall be
primary insurance in respect to 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 Landowner'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 Landowner'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 liabilitv.
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
Landowner for the City.
3) All Coverages. Each insurance policy required by this
clause shall be endorsed to state that coverage shall not be suspended, voided,
cancelled by either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has been given to the City.
a) Acceptability of Insurers. Insurance is to be placed
with insurers with a A.M. Bests' rating of no less than A:VII.
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b) Verification of Coverage. Landowner 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. Landowner and /or Landowner'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.
18. Assignment of Agreement. This Agreement shall not be assigned by
Landowner without the written consent of City, which shall not be unreasonably withheld.
19. Landowner Not an Aaent.
agents or contractors are or shall be con:
the performance of Landowner's obligatior
20. Abandonment of Work.
prosecution of the work, or any severable
its completion within the time specified,
completion of said work within such ti
bankrupt, or should make a general assig
or if a receiver should be appointed, or if
subcontractors, agents or employees
Agreement, the City through its Public
Landowner and Landowner's surety or
Agreement, or of any portion, thereof, and
er Landowner nor any of Landowner's
I to be agents of City in connection with
er this Aareement.
If Landowner refuses or fails to obtain
part thereof, with such diligence as will insure
or any extension thereof, or fails to obtain
me or if Landowner should be adjudged as
nment for the benefit of Landowner's creditors,
Landowner, or any of Landowner's contractors,
should violate any of the provisions of this
Works Director may serve written notice on
holder of other security of breach of this
default of Landowner.
In the event of any such notice of breach of this Agreement, Landowner'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 Landowner and Landowner'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 Landowner as may be on the site of the work and necessary
therefor.
21. 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:
City Manager
r;1
City of Dublin
100 Civic Plaza
Dublin, California 94568
Notices required to be given to Landowner shall be addressed as follows:
Bob Radanovich
BJP -ROF Jordan Ranch, LLC
5000 Hopyard Road, Suite 170
Pleasanton, CA 94588
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, Landowner has executed,
and has caused to be acknowledged, an abstract of this Agreement. Landowner agrees
that City may record said abstract in the official records of Alameda County.
22. Use of Improvements. At all times prior to the final acceptance of the work
by City, the use of any or all Improvements within the work to be performed under this
Agreement shall be at the sole and exclusive risk of Landowner.
23. Safety Devices. Landowner 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. Landowner 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 Landowner, and the entire site left clean and orderly.
24. Attorneys' Fees and Venue. In any action to enforce the provisions of this
Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. Any
action arising out of this Agreement shall be brought in Alameda County, California
regardless of where else venue may lie.
25. Recitals. The foregoing Recitals are true and correct and are made a part
hereof.
26. Severability. If a court of competent jurisdiction finds or rules that any
provision of this Agreement is invalid, void, or unenforceable, the provisions of this
Agreement not so adjudged shall remain in full force and effect. The invalidity in whole
or in part of any provision of this Agreement shall not void or affect the validity of any
other provision of this Agreement.
27. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be an original and all of which together shall constitute one
agreement.
01
IN WITNESS WHEREOF, the City and Landowner have executed this Agreement, the
day and year first above written.
CITY OF DUBLIN
a Municipal Corporation
Dated:
►U
IV
Q
.
o,
25
By:
Name: Christopher L. Foss
Title: City Manager
10
Jordan Ranch Neighborhood Park
BID TOTALS
Bklitem
escrintioq
�aaanta.t
Units
Unit Price
Bid Total
10
MOBILIZATION
1.000
LS
72,500.00
72,500.00
15
TEMP FENCE
1.000
I_,S
6,500.00
6,500.00
20
SURVEY
1.000
I_,S
20,000.00
20,000.00
30
SWPPP (QSP SERVICES & MAINT'ANCE)
1.000
LS
70,000.00
70,000.00
32
EROSION CONTROL BLANKET
14,300.000
SF
0.90
12,870.00
34
CONTRUCTION ENTRANCE
1.000
EA
3,200.00
3,200.00
36
INLET PROTECTION (incl. removal)
34.000
EA
375.00
12,750.00
38
STRAW WADDLES (incl. removal)
3,500.000
LF
5.80
20,300.00
39
TEMP HYDROSEED
1.000
SF
9,000.00
9,000.00
40
DEMO
1.000
I_,S
18,500.00
18,500.00
50
CLEAR & GRUB
4.700
AC
1,800.00
8,460.00
60
ROUGH GRADE
1.000
LS
30,000.00
30,000.00
65
OFF HAUL MATERIAL IN EXCESS
2,000.000
CY
6.75
13,500.00
70
SS - 4" SDR 35
209.000
LF
32.00
6,688.00
80
SS - CLEAN OUT
3.000
EA
455.00
1,365.00
90
SS - MANHOLE
2.000
EA
12,000.00
24,000.00
100
SD - 6" SOLID PVC
32.000
LF
19.50
624.00
110
SD - CLEAN OUT
1.000
EA
430.00
430.00
120
SD - 8" SOLID PVC
542.000
LF
25.00
13,550.00
130
SD - 12" SOLID PVC
202.000
LF
42.00
8,484.00
140
SD - 15" SOLID PVC
145.000
LF
68.00
9,860.00
150
SD - CATCH BASIN
22.000
EA
1,800.00
39,600.00
160
RIP RAP OUTFALL
2.000
EA
1,750.00
3,500.00
170
POTABLE WATER METER & BACKFLOW (meter
1.000
EA
8,750.00
8,750.00
180
RECYCLED WATER METER & BACKFLOW (mete
1.000
EA
5,000.00
5,000.00
190
WATER - I" BLDG SERVICE
236.000
LF
51.00
12,036.00
200
ELECTRICAL
1.000
LS
121,600.00
121,600.00
220
FINE GRADE
223,610.000
SF
0.40
89,444.00
225
6" AB - CONC. FLATWORK
13,190.000
SF
2.15
28,358.50
230
VEHICULAR CONCRETE PAVEMENT
7,340.000
SF
12.50
91,750.00
240
PEDESTRIAN CONCRETE PAVEMENT
5,396.000
SF
11.50
62,054.00
250
COLORED CONCRETE PAVEMENT
400.000
SF
17.50
7,000.00
260
CONCRETE MOW BAND
1,690.000
LF
16.50
27,885.00
270
CONCRETE HEADER AT BASKETBALL CT
300.000
LF
21.50
6,450.00
280
CONCRETE CURB AT PLAY AREA
120.000
LF
29.00
3,480.00
290
CONCRETE RETAINING CURB
20.000
LF
70.00
1,400.00
300
CONCRETE DRIVEWAY
1.000
EA
1,375.00
1,375.00
310
CONCRETE SEAT WALL
70.000
LF
190.00
13,300.00
320
CONCRETE STAIRS
1.000
LS
2,525.00
2,525.00
322
HANDRAIL FOR STAIRS
1.000
LS
1,875.00
1,875.00
325
CONCRETE CURB RAMP
1.000
LS
975.00
975.00
330
CONCRETE PARK SIGN ENTRY
1.000
LS
27,000.00
27,000.00
340
REMOVABLE BOLLARDS
6.000
EA
1,200.00
7,200.00
350
VOLLEYBALL POSTS & NET - COMPLETE IN PL
1.000
LS
3,400.00
3,400.00
355
BASKETBALL COURT (2.5" AC / 12" AB)
5,640.000
SF
7.50
42,300.00
360
BASKETBALL HOOPS - COMPLETE IN PLACE
2.000
EA
4,445.00
8,890.00
362
BASKETBALL COURT STRIPING
1.000
I_,S
2,800.00
2,800.00
365
AC DRIVEWAY (3" AC / 8" AB)
350.000
SF
7.00
2,450.00
370
BIOSWALE
1,540.000
SF
10.50
16,170.00
380
6" PERF PIPE (incl. CO & overflow system)
455.000
LF
26.50
12,057.50
385
CRUSH GRAVEL PAVING (2" FINES /3.5" GRAVE
2,570.000
SF
4.20
10,794.00
390
RESIL RUBBER SURFACE (incl. 4" conc. / 4" AB)
5,200.000
SF
28.00
145,600.00
400
PLAYGROUND EQUIPMENT (MATERIALS ON H
1.000
LS
155,500.00
155,500.00
Jordan Ranch Neighborhood Park
BID
Biditem
Description
1�
t
_Qmmli. y
units
.
Unit Price
.. . . . .................................................
Bid Total
410
PLAYGROUND EQUIPMENT (INSTALL)
1.000
Ls
25,800.00
25,800.00
420
SHADE STRUCTURE (INSTALL)
1.000
LS
8,000.00
8,000.00
430
RESTROOM BUILDING (COMPLETE IN-PLACE)
1.000
LS
151,000.00
151,000.00
435
QUARRY TILE FLOOR IN BLDG (CITY OPTION)
1.000
Ls
5,360.00
5,360.00
440
IRRIGATION
1.000
LS
241,000.00
241,000.00
445
RW HEADER BOARD
120.000
LF
22.50
2,700.00
450
PLANTING
1.000
LS
106,500.00
106,500.00
460
90 DAY MAINTENANCE
1.000
I'S
29,000.00
29,000.00
470
ACCESSIBLE PICNIC TABLE
2.000
EA
3,800.00
7,600.00
480
PICNIC TABLE
5.000
EA
3,850.00
19,250.00
490
SERVING TABLE
2.000
EA
2,650.00
5,300.00
500
BBQ
2.000
EA
1,400.00
2,800.00
510
BIKE RACK
4.000
EA
600.00
2,400.00
520
BENCH w/ BACK
1.000
EA
2,125.00
2,125.00
530
BENCH w/o BACK
6.000
EA
2,025.00
12,150.00
540
TRASH/RECYCLING RECEPTACLES
4.000
EA
3,950.00
15,800.00
550
DOG WASTE DISPENSER
1.000
EA
600.00
600.00
Bid Total ___ .__ :::> $1,962,485.00
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