HomeMy WebLinkAboutItem 4.4 - 2370 Notice of City Engineer’s Pending Decision
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: January 8, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Notice of City Engineer’s Pending Decision on Improvement Agreement
Amendment for Tract 8306 Boulevard Development
Prepared by: Laurie Sucgang, Senior Civil Engineer
EXECUTIVE SUMMARY:
The City Council will receive a notification of the City Engineer’s pending approval of the
Improvement Agreement Amendment for Tract 8306 Boulevard Development.
STAFF RECOMMENDATION:
Receive the notification.
FINANCIAL IMPACT:
There is no impact on the General Fund.
DESCRIPTION:
CalAtlantic Group, Inc., a fully owned subsidiary of Lennar Homes of California, Inc.,
and the City previously entered into an Improvement Agreement for Tract 8306
Boulevard, Dublin Crossing Phase 1A, dated December 21, 2016. CalAtlantic has
executed a First Amendment to the Improvement Agreement extending the completion
time by 12 months, for a new completion date of December 21, 201 9. Staff has
reviewed the request for an extension submitted by CalAtlantic and recommends that
the City Engineer approve the First Amendment to the Improvement Agreement.
In accordance with Chapters 9.24.070.B and 9.24.080 of the City of Dublin Municipal
Code, this is notice of the City Engineer’s pending approval of the following:
Tract Location Developer Type Amendment
8306 Boulevard, Dublin
Crossing Phase
1A,
Neighborhoods 1
and 2
CalAtlantic
Group, Inc.
Amendment
No. 1
Extension of
Time Period
Page 2 of 2
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. First Amendment to Improvement Agreement for Tract 8306
2. Improvement Agreement for Tract 8306
IMPROVEMENTFIRST AMENDMENT TO CITY OF DUBLIN TRACT
y
This First Amendment is made and entered into this day of 2019,
by and between the City of Dublin, a municipal corporation, hereinafter referred to as
"CITY," and CalAtlantic Group, Inc., a Delaware limited liability company, hereinafter
referred to as "DEVELOPER."
*111xN 111_1
1. CITY and DEVELOPER are parties to that certain Tract Improvement
Agreement, Tract 8306 for the Boulevard, Dublin Crossing Phase 1A Project, dated
December 21, 2016 ("the Agreement").
2. The Agreement requires DEVELOPER to complete certain
Improvements as defined in the Agreement prior to December 21, 2018.
3. DEVELOPER has requested that it be given additional time to
commence and complete the construction of the Improvements, and CITY is willing
to grant the request.
NOW, THEREFORE, in consideration of the mutual promises, conditions, and
covenants herein contained, the parties agree as follows:
Section 1. Section 1 of the Agreement is amended to read as follows:
"1 . Completion Time.
Time is of the essence in this Agreement. DEVELOPER shall complete
the Improvements no later than December 21, 2019. Upon completion,
DEVELOPER shall furnish CITY with a complete and reproducible set
of final Record Drawings of the Improvements, including any
modifications made during construction."
Section 2. All requisite insurance policies to be maintained by the
DEVELOPER pursuant to the Agreement, as may have been amended from time to
time, shall include coverage for the amended term, as described above.
Section 3. The individuals executing this First Amendment and the instruments
referenced in it on behalf of DEVELOPER each represent and warrant that they have
the legal power, right and actual authority to bind DEVELOPER to the terms and
conditions of this First Amendment.
—1—
Section 4. All other provisions of the Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
be executed as of the date and year first above written.
CITY OF DUBLIN
Andrew C. Russell,
City Engineer
2937142.1
201806071s
IM
CalAtlantic Group,
a Delaware limited liability company
%�y
Bridgit Koller
Vice President
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
Tract 8306 Boulevard
Dublin Crossing Phase 1A
6J'
This agreement is made and entered into this day of QfG�ss18P�, 2016
(hereafter this "Agreement"), by and between the City of Dublin, a municipal corporation,
hereinafter referred to as "CITY", and CalAtlantic Group, Inc., a Delaware limited liability
company, hereinafter referred to as "DEVELOPER".
RECITALS
WHEREAS, it has been determined by the CITY, that DEVELOPER, the subdivider of
Tract 8306 Boulevard, also known as Dublin Crossing Phase 1A (the "Subdivision"), desires
to construct improvements (hereafter "The Improvements") in accordance with the
requirements and conditions set forth in the City of Dublin Planning Commission Resolution
No. 16-11 (PLPA-2015-00062), adopted on June 14, 2016, the requirements of the
Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY, and
those certain plan and specifications for said development approved by the City Engineer
(the "Plans and Specifications"), as follows:
• "Improvement Plans, Tract 8306 —Union at Boulevard (N1) &Madison at Boulevard
(N2)" (45 Sheets, Sheets C0.0-C8.1), prepared by Ruggeri -Jensen -Azar, dated
10/20/016, approved 10/25/2016,
• `Joint Trench Plans — Union at Boulevard Tract 8306 — NBHD 1" (3 Sheets JT1-JT3),
prepared by Giacalone Design Services, Inc., dated approved
• "Street Light Plans — Union at Boulevard Neighborhood 1— Private Street Lighting" (4
Sheets, Sheets SL1-SL4), prepared by Giacalone Design Services, Inc., dated
10/18/2016, approved 10/25/2016.
• `Joint Trench Plans — Madison at Boulevard Tract 8306 — NBHD 2" (2 Sheets JT1-
JT2), prepared by Giacalone Design Services, Inc., dated approved
• "Street Lighf Plans —Madison at Boulevard Neighborhood 2 —Private Street Lighting"
(3 Sheets, Sheets SL1-SL3), prepared by Giacalone Design Services, Inc., dated
10/18/2016, approved 10/25/2016.
• "On -Site Landscape Plans —Boulevard Neighborhoods 1&2 Union &Madison" (27
Sheets, Sheet L0.1- L5.4), prepared by Gates &Associates, dated 10/24/2016,
approved 10/2512016.
and now on file in the office of the City Engineer, which are hereby referred to for a more
definite and distinct description of the work to be pertormed under this Agreement as
though set forth at length herein; and
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of
dedication of The Improvements in consideration for DEVELOPER's satisfactory performance
of the terms and conditions of this Agreement; and
WHEREAS, CITY has determined that The Improvements are public works subject to
California prevailing wage requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1. Completion Time.
DEVELOPER will commence construction of The Improvements within thirty (30) days
following the date on which CITY executes this agreement. DEVELOPER shall complete the
construction of The Improvements not later than two (2) years following said date of
execution of this agreement, unless the completion date is extended by the CITY. Time is of
the essence with respect to the provisions of this Agreement.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement is
agreed to be $4,409,820 and is based on the Bond Estimates — Union at Boulevard (N1) &
Madison at Boulevard (N2), dated 1013/16, prepared by Ruggeri -Jensen -Azar, Landscape
Bond Estimate, dated 10/3/16, prepared by Gates and Associates, and Dry Utilities Bond
Estimate, dated 10/3/16, prepared by Giacalone Design Services, Inc., attached to this
agreement as Exhibit "A" (collectively, the "Bond Estimates"). Said amount includes the
estimated costs and reasonable expenses and fees which may be incurred in enforcing the
obligations secured by the bonds summarized in the Bond Estimates,
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
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfactorily completed (the "Faithful Performance Bond').
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 Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall
be paid therefor (the "Labor and Materials Bond'),
C. Warranty: Prior to acceptance of The Improvements as complete by the
City Engineer, DEVELOPER shall furnish CITY with 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 twenty per cent (20%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfactorily completed from the date on which the City Engineer accepts the work as
complete until one year thereafter (collectively, the "Warranty Bond').
CITY shall be the sole indemnitee named on any security instrument required by this
Agreement. Any security instrument or deposit required herein shall conform to the
provisions of Chapter 5 of the Subdivision Map Act,
4. Insurance Required.
Prior to commencing construction of The Improvements, DEVELOPER shall obtain or
cause to be obtained and filed with the CITY, certificates and endorsements of insurance
evidencing the insurance required under this Paragraph. Prior to the commencement of the
construction of The Improvements, DEVELOPER's general contractor shall obtain or cause to
be obtained and filed with the Administrative Services Director, certificates and endorsements
of insurance evidencing the insurance required under this Paragraph. DEVELOPER shall not
allow any contractor or subcontractor to commence the construction of The Improvements
under a contract or subcontract until all certificates and endorsements of insurance required
for DEVELOPER and DEVELOPER's general contractor have been filed and approved by
CITY. Said insurance shall be maintained in full force and effect until the completion of The
Improvements and the final acceptance thereof by CITY. All requirements herein provided
shall be evidenced by the certificates and endorsements of insurance provided by
DEVELOPER and DEVELOPER's general contractor and shall specifically bind the insurance
carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form
CG 00010),
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3
3) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
41 Minimum Limits of Insurance. DEVELOPER shall maintain limits no
less than:
a) 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.
b) Automobile
Liability:
$1,000,000
combined single limit per
accident
for
bodily
injury
and property
damage.
c) 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.
B. Deductibles and Self -Insurance Retentions. Any deductibles or self -insured
retentions must be declared to and approved by the CITY. At the option of the CITY,
DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses. The CITY hereby
approves DEVELOPER's general liability insurance self -insured retentions of
$1,000,000 (premises liability/bodily injury) and $20,000,000 (completed operations).
C. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability Covera4es.
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 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 a claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
2) Workers' Compensation and Employers Liability Coverage. The insurer
shall agree to waive all rights of subrogation against the CITY, its officers,
officials, employees and volunteers for losses arising from work performed by
the DEVELOPER for the CITY.
3) All Coverages.
Coverage shall not be suspended, voided or cancelled by either party,
reduced in coverage or in limits so that it is no longer compliant with these
requirements, except after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to the CITY by DEVELOPER.
a) Acceptability
of
Insurers.
Insurance
is to be placed with insurers
with a
Bests
rating of no
less than A:VII.
b) Verification of Coverage. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a
person authorized by that insurer to 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 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.
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
Improvements or otherwise delivered to CITY as a part of The Improvements pursuant to this
Agreement, to be free of all defects of workmanship and materials for a period of one (1) year
after initial acceptance of The Improvements 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 in the event DEVELOPER repairs or
replaces a part of The Improvements that proves to be defective in design, workmanship or
material within the one-year guarantee period set forth in this Paragraph 5, the one-year
guarantee period for such repaired or replaced part of The Improvements shall automatically
extend for an additional one-year period commencing on the date DEVELOPER completes
the repair or replacement of such part of The Improvements in order to insure that such
defects have actually been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days' time, after being notified of the defect in writing, CITY shall
have the right, but shall not be obligated, to repair or obtain the repair of the defect, and
DEVELOPER shall pay to CITY on demand all costs and expense of such repair.
Notwithstanding anything herein to the contrary, in the event that any defect in workmanship
or material covered by the foregoing guarantee results in a condition which constitutes an
immediate hazard to the public health, safety, or welfare, CITY shall have the right to
immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY
on demand all costs and expense of such repair. The foregoing 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.
6. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY, through its Gity Engineer and
designated representative, for the safe and convenient inspection of The Improvements
throughout their construction. Said CITY representative shall have the authority to reject all
materials and workmanship which are not in accordance with the Plans and Specifications,
and all such materials and or work shall be removed promptly by DEVELOPER and replaced
to the satisfaction of CITY without any expense to CITY in strict accordance with the Plans
and Specifications.
7. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of
CITY, which shall not be unreasonably withheld, denied, or delayed.
8. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to complete the construction The Improvements, or
any severable part thereof, within the time specified in this agreement, or any extension
thereof, or any of DEVELOPER's contractors, subcontractors, agents or employees should
violate any of the provisions of this Agreement, then CITY may deliver written notice to
DEVELOPER requesting that DEVELOPER complete the construction of the incomplete
Improvements or cure the violation of this Agreement. In the event DEVELOPER fails to take
reasonable actions to commence the construction of the incomplete Improvements or cure
the violation of this Agreement identified in CITY's written notice within thirty (30) days of
DEVELOPER's receipt of such written notice, 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 for DEVELOPER, the CITY through its City Engineer may
serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of
the breach of this Agreement, or of any portion thereof, by 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 construction of The Improvements;
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
construction of The Improvements and does not commence performance thereof within thirty
(30) days after notice to CITY of such election, CITY may take over the construction of The
Improvements 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 constructing The Improvements,
such materials, appliances, plant and other property belonging to DEVELOPER as may be on
the site upon which The Improvements are to be constructed and necessary for the
construction thereof.
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:
Andrew Russell, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
7
Notices required to be given to DEVELOPER shall be addressed as follows:
Cal Atlantic Group, Inc.
4750 Willow Road, Suite 150
Pleasanton, CA 94588
Attn: Mandi Misasi
Project Manager
Cal Atlantic Group, Inc.
15360 Barranca Parkway
Irvine, CA 92618
Attn: Dwight Hirsch
Vice President & Associate Counsel
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Aon Risk Solutions
707 Wilshire Boulevard, Suite 2600
Los Angeles, CA 90017
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.
9. Use of Streets or Improvements.
At all times prior to the final acceptance of The Improvements by CITY, the use of any
or all streets and improvements which are a part of The Improvements 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 Subdivision shall not be construed in any manner to
constitute a partial or final acceptance or approval of any or all of The 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.
10. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on site upon which
The Improvements are to be constructed, as may be necessary to prevent accidents to the
public and 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.
Upon the completion of The Improvements, all fences, barriers, regulatory signs, warning
lights, and other safety devices (except such safety items as may be shown on the Plans and
Specifications and which are a part of The Improvements) shall be removed from the site
upon which The Improvements are constructed by DEVELOPER, and the entire site shall be
left clean and orderly.
11. Acceptance of Work.
Upon notice
of the completion of
The Improvements and the
delivery of a set
of
final
as -built plans for
The Improvements
to CITY by DEVELOPER,
CITY,
through
its
City
Engineer or his designated representative, shall examine The Improvements without delay,
and, if found to be in accordance with the Plans and Specifications and this Agreement, and
upon receipt of the Warranty Bond, shall accept The Improvements and, upon such
acceptance, shall thereafter release the Faithful Performance Bond and the Labor and
Materials Bond in accordance with the requirements of the Government Code of the State of
California.
12. Patent and Cooyright Costs.
In the event that the 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.
13. Alterations in Plans and Specifications.
Any alteration or alterations made to the Plans and Specifications or any provision of
this Agreement shall not operate to release any surety or sureties from liability on any bond
or bonds delivered in accordance with Paragraph 3 of this Agreement, and consent to make
such alterations is hereby given by CITY, and the sureties to said bonds shall waive the
provisions of Section 2819 of the Civil Code of the State of California.
14. Liability.
A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will not adversely affect any portion of
adjacent properties and that all work required to construct 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 (collectively, the "CITY Parties"), from
and against any and all loss, claims, suits, liabilities, actions, damages, or causes of
action of any 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,
however, nothing in this Paragraph 14 shall operate to require DEVELOPER to
indemnify, defend, release or save harmless CITY or the CITY Parties from and
against any loss, claim, suit, liability, action, damage or cause of action arising from,
related to or caused by the negligence or intentional or willful misconduct of CITY or
the CITY Parties. Notwithstanding the foregoing, DEVELOPER and CITY
acknowledge and agree:
1) CITY does not, and shall not, waive any rights against DEVELOPER
which it may have by reason of the aforesaid hold harmless agreement,
because of the acceptance by CITY, or the deposit with CITY by DEVELOPER,
of any of the insurance policies described in Paragraph 4 hereof.
E
2) That the aforesaid hold harmless agreement by DEVELOPER shall
apply to all damages and claims for damages of every kind suffered, or alleged
to have been suffered, by reason of any of the aforesaid operations referred to
in this Paragraph, regardless of whether or not CITY has prepared, supplied, or
approved of plans and/or specifications for the construction of The
Improvements, or regardless of whether or not the insurance policies described
in Paragraph 4 of this Agreement have been determined to be applicable to any
of such damages or claims for damages.
3) Desian Defect. If, in the opinion of the CITY, a design defect in The
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, DEVELOPER shall, upon order by the CITY, correct said
design defect at DEVELOPER's sole cost and expense, and the sureties under
the Faithful Performance and Labor and Materials Bonds described in
Paragraph 3 of this Agreement shall be liable to CITY for the corrective work
required.
4) Litigation Expenses. In the event that legal action is instituted by
either party to this Agreement, and said action seeks damages for breach of
this Agreement or seeks to specifically enforce the terms of this Agreement,
and, in the event judgment is entered in said action, the prevailing party shall be
entitled to recover its reasonable attorneys' fees and court costs. If CITY is the
prevailing party, CITY shall also be entitled to recover its reasonable attorney's
fees and costs in any action against DEVELOPER's surety on the bonds
provided under Paragraph 3 of this Agreement.
15. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate at Dublin, California, the day and year first above written.
CITY OF DUBLIN
By: ee�<h-z
Andrew C. WUssell
City Engineer
DEVELOPER
CalAtlantic Group, Inc.
a DelawaJ ited li bilit ompany
By:
Name:c�4 fjewi7�e
Name: IV)M I WII�ASI
ritle: OPQLATILNALNUE P► IMN
011alI r_vu
BOND ESTIMATES
[Please See AftachedJ
Elk
RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS SURVEYORS
ENGINEERS OPINION OF PROBABLE CONSTRUCTION COSTS
TRACT 6306 -
UNION AT BOULEVARD (Ni) 8 MADISON AT BOULEVARD (112) October 3, 2016
DUBLIN, CALIFORNIA Job No. 081076BRIA
(Ons/te Improvements Bond Estimate) Page 1 of 4
SUMMARY
A.
SITE WORK
$769000
B.
ASPHALT PAVING
$287,270
C.
CONCRETE
$313,780
D.
STORM DRAIN
$544,40D
E.
MISCELLANEOUS
$475,920
F.
LANDSCAPE
$1,3941450
G.
JOINTTRENCH
$6453320
SUBTOTAL =
$3,737,140
10% CONSTRUCTION CONTINGENCY =
$373,710
80/6 ENGINEERING CONTINGENCY =
$298:970
TOTAL ESTIMATED OWSITE CONSTRUCTION COST=
41409,8
Notes:
1. All cast 5gures are given as estimates only. AIXualcost will be dependent on the cost figures at bidding time;
the general market sduationI oontraclors work load, seasonal or, labor and cost, etc. This engineering
fine cannot be responsible for fluctuations in cost factors.
Th
is engineer's opinion is based on the Improvement Plans -Tract 8306 Union at Boulevard (147) &Madison al
Boulevard (N2), prepared by RuggeriJensen-Azar, dated August 29, 2016.
3. This engineers opinion does not include costs for sanitary sewer and water.
Gjot23pet0i68RWdntB+imNesV,p%ansWl_NYOBIO)6BR NI.IQ.dy WDubin SUBltuFi�l6lDUila
4690 CHABOT DRIVE, SUITE 200, PLEASANTON, CA 94588 T: (925) 227-91001 F: (925) 227.9300 / vnnurja-gps.com
1'�
RUGGER1vJENSEEN-AZAR
ENGINEERS PLANNERS SURVEYORS
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
TRACT 8306 -
UNIONAT BOULEVARD (111) 8 MADISONAT BOULEVARD (112) October 3, 2016
DUBLIN, CALIFORNIA Job No. 081076BRlA
(Onsite Improvements Bond Estimate) Page 2 of 4
ITEM DESCRIPTION QUANTITY UNITPRICE AMOUNT
A.
SITE WORK
1,
Pad Fine Grading (Tovmhomes)
15
EA
$2,000,00
$30,000
2.
Pad Fine Grading (Motorcourts)
7
EA
$%000.00
$211000
3.
Erosion Control & SWPPP Implementation
1
LS
$25,000.00
$25,000
SUBTOTAL=
76,000
B.
ASPHALT PAVING
1.
Fine Grading (RW to RW)
90,050
SF
$0,30
$27,020
2.
AC Paving (3"AC18"AB)
671688
SF
$4.00
$230,760
3.
Stamped Asphalt in Motorcouds
5,900
SF
$5.00
$29$00
SUBTOTAL=
287,27
C.
CONCRETE
1.
6" Curb and Gutter
11742
LF
$35.00
$60,970
2.
6" Flush Curb
1,001
LF
$18.00
$18,020
3.
6" Vertical Curb
21453
LF
$25,00
$613330
4.
3" Rolled Curb and Gutter
1,061
LF
$30,00
$31,830
5.
Sidewalk (in streets)
71204
SF
$8.00
$57,630
6.
Curb Ramps
20
FA
$3,500,00
$70,000
7.
Driveways
7
EA
$2,000.00
$14,000
SUBTOTAL=
3 3,780
D.
STORM DRAIN
1.
12" Class III HDPE
873
LF
$50.00
$43,650
2.
16' Class III HDPE
773
LF
$55.00
$424520
3.
18" Class III HDPE
11434
LF
$60-00
$861040
4.
Connect to Existing SO
7
EA
$11500.00
$10050o
5.
Drop Inlets
30
EA
$1,500.00
$46,000
6.
Storm Water Inlets
16
EA
$2,500.00
$40,000
7.
Storm Drain Manhole
9
EA
$3,500.00
$31,500
B.
Area Drain Pipe 8" PVC
41730
LF
$25,00
$1180260
9.
Roof Drain Pipe 4" PVC
11252
LF
$25,00
$31
10.
Area Drain
148
FA
$200.00
t300
$29,600
11.
Bubble up
79
EA
$300.00
$23,700
12.
Low Flow Pump
1
FA
$28*000,00
$280000
13.
4" Force Main
77
LF
$25,00
$1,930
14.
Storm Water Inlet/Drop Inlet Inserts
46
EA
$20D.00
$9,200
15.
Trash Capture Device
4
EA
$800,00
$3,200
SUBTOTAL=
544,400
E.
MISCELLANEOUS
1,
Signing 8: Striping
1
LS
$3,600,00
$33500
2.
Blo-Retention
11,053
SF
$20,00
$221,060
3.
Silva Cell
61662
CF
$30.00
$199,860
4.
Monuments
5
FA
$500.00
$2,500
5.
Street Lights
14
EA
$3,500.00
$493000
SUBTOTAL=
$475,920
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4890 CHABOT DRIVE, SUITE 20D, PLEASANTON, CA 94588 T: (92b) 227-91001 F: (928) 227.93001 www,rje-gps.com
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RUGGERVJENSEN-AZAR ENGINEERS PLANNERS SURVEYORS
ENGINEERS OPINION OF PROBABLE CONSTRUCTION COSTS
TRACT 8306 -
UNION AT BOULEVARD (NI) & MADISON AT BOULEVARD (N2) October 3, 2016
DUBLIN, CALIFORNIA Job No. 081076BRIA
(Onsite Improvements Bond Estimate) Page 3 of 4
ITEM DESCRIPTION QUANTITY UNIT PRICE OUNT
F. LANDSCAPE
1. Pedestrian Concrete Paving.
2. Integral Color Concrete Paving
3. Concrete Pedestrian Pavers
4. DG Paving
5, Curved Concrete Wall
6. Low Accent Wall
7. Columns at Low Accent Wall
8. Landscape Wall A
9. Landscape Wall B
10. Metal Trellis A
11. Metal Trellis B
12. Concrete Step Stones
13. Metal Cube
14. Metal Element
15. Soma Stones
% Tables
IT Bar Height Table and Seating
18, Granite Family Style Table
19. BBQ Island
20- Tree Grate and Frame
21. Park Entry Monuments
22. Tree, 24" Box
23. Tree, 15 Gallon
24. Shrub, 5 Gallon
25 Shrub, 1 Gallon
26. Lawn
27. Mulch
28, Soil Amendment and Preparation
29, Root Control Binder
30. Landscapes Maintenance (120 days)
G. JOINT TRENCH
1. Neighborhood 1
a.
Trenching (2,100 LF)
b.
Vaults and Splice Boxes (Supply, Install & Excavation)
1) PG&E
2) Telephone
3) CAN
c.
Conduits - Supply and Install
1) PG&E
2) Telephone
3) CAN - installed by CAN
d.
PG&E Electncal System
e.
PG&E Gas System
I.
Street Lighting
g.
Service Completions
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27,631
SF
$12.00
$331,57Z
4,884
SF
$18,00
$87,912
852
SF
$18.00
$15,336
299
SF
$&00
$2,392
174
LF
$450.00
$78,300
482
LF
$350400
$168,700
27
EA
$200.00
$5,400
223
LF
$350.00
$78,050
89
LF
$350.00
$31,150
1
EA
$18,000.00
$18,000
1
EA
$15,000,00
$15,000
200
EA
$25,00
$5,000
8
EA
$1,600.00
$12,000
3
EA
$2,000.00
$61000
4
EA
$2,000.00
$8,000
4
EA
$2,000.00
$8,000
2
EA
$51000.00
$10,000
1
EA
$5,000.00
$5,000
1
EA
$10*000.00
$10,Boo
15
EA
$1,200,00
$180000
1
LS
$25,000,00
$25,000
215
EA
$400.00
$86,000
106
EA
$300.00
$31,800
9,160
EA
$17.00
$155,686
1,988
EA
$10,00
$19,880
3,125
SF
$0.40
$1,250
85,099
SF
$0.65
$55,314
85,099
SF
$0.50
$42,550
5,315
LF
$9.00
$47,835
85,099
SF
$0.18
$15,318
SUBTOTAL=
1,394,450
1
LS
$55,300.00
$55,300
1
LS
$533690,00
$53,690
1
LS
$81220.00
$8,220
1
LS
$1,500.00
$10500
i
LS
$22,200,00
$22,200
1
LS
$10,600.00
$10,500
1
LS
$8,490.00
$8,400
1
LS
$1481500.00
$148,500
1
LS
$14,700.00
$149700
1
LS
$60,750.00
$60,750
1
LS
$35,000,00
$35,000
SUBTOTAL=
418,760
4690 CHABOT DRIVE, SUITE 200, PLEASANTON, CA 94588 T; (925) 227.91001 F: (925) 227.9300 ! vnnv.rjagps.com
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RUGGERI•JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS
ENGINEERS OPINION OF PROBABLE CONSTRUCTION COSTS
TRACT 8306 -
UNION AT BOULEVARD (111) & MADISON AT BOULEVARD (112) October 3, 2016
DUBLIN, CALIFORNIA Job No. 081076BRlA
(Onsite Improvements Bond Estimate) Page 4 of 4
ITEM DESCRIPTION QUANTITY UNIT -PRICE AMOUNT
2. Neinhborhood 2
a.
Trenching (900$26,100.00
$26,100
b.
Vaults and Splice Boxes (Supply, Install & Excavation)
1) PG&E
1
LS
$383690.00
$38,690
2) Telephone
1
LS
$51130.00
$5,130
3) CAN
i
LS
$900.00
$900
c.
Conduits - Supply and Install
1) PG&E
1
LS
$13,800.00
$131800
2) Telephone
1
LS
$4,500.00
$4,500
3) CATV- installed by CAN
1
LS
$3,600,00
$3,600
d.
PG&E Electrical System
1
LS
$81,500.00
$811500
e.
PG&E Gas System
1
LS
$6,300-00
$6,300
f.
Street Lighting
1
LS
$26,035.71
$26,040
Q.
Service Completions
1
LS
$201000.00
$203000
SUBTOTAL=
22 ,560
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