HomeMy WebLinkAboutReso 173-12 Schaefer Rch Unit 2 Tr 8000 RESOLUTION NO. 173 - 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT AND
LANDSCAPE IMPROVEMENT AGREEMENT
FOR TRACT 8000, SCHAEFER RANCH-UNIT 2
WHEREAS, the Final Map for Tract 8000, in the incorporated territory of the City of Dublin,
State of California, has been presented to this City Council for approval, all in accordance with
provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal
Code; and
WHEREAS, the Developer, Schaefer Ranch Development, Inc., a California corporation, has
executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 8000 to improve
required subdivision improvements in accordance with the Conditions of Approval for the Tentative
Map, and with the improvement plans attached thereto; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the Lexon
Insurance Company in the amount of $ 2,120,994.00 for the Tract 8000 Improvements (Bond No.
1026493), and in the amount of $ 259,500.00 for the Tract 8000 Landscape Improvements (Bond
No. 1090078), conditioned upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the Lexon
Insurance Company in the amount of $ 2,120,994.00 for the Tract 8000 improvements (Bond No.
1026493), and in the amount of $ 259,500.00 for the Tract 8000 landscape improvements (Bond No.
1090078), conditioned upon payment for labor performed or material furnished under the terms of
said Agreement.
NOW, THEREFORE, BE IT RESOLVED that said agreement and bonds are hereby
approved.
BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby authorized
to execute said Tract Improvement Agreement and Landscape Improvement Agreement, attached
hereto as Exhibits A and B.
BE IT FURTHER RESOLVED that the Final Map of Tract 8000 be and the same is hereby
approved, and that rights to the areas marked as Jacqueline Street, Joey Dare Court, Christina Joy
Place, Martini Court, Albert Drive, Mindy Mae Lane, Dominic Way, Zac Court, Seeno Street, and
Sara Lee Court, Parcel A-1, Parcel A, Parcel B, Parcel C, Parcel D, Parcel E, Public Service
Easement (PSE), Storm Drain Easement (S.D.E.), and Public Access Easement (PAE) offered for
dedication to public use in conformity with the terms of dedication be, and they are hereby accepted,
subject to improvement; and that the Clerk of this City Council is hereby directed to transmit said Map
to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 2nd day of October, 2012, by the following vote:
Page 1 of 2
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Sir
Mayor
ATTEST:
City Clerk
Reso No. 173-12,Adopted 10/02/12, Item No.4.3 Page 2 of 2
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CITY OF DUEILIJI
IMPROVEMENT AGREEMENT
IMPROVEMENTS FOR TRACT 8000, SCHAEFER RANCH, Unit 2
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ISCHAEFER RANCH HOLDINGS, 1. ..C)
This Agreement (Agreement) is made and entered into this 2nd day of October, 2012, by it
and between the CITY of Dublin', a municipal corporation, hereinafter referred toes "CITY!, and
Schaefer Ranch Holdings, LLC, a:Californiatimited Liability Company(hereinafter referred to
as "DEVELOPER"),
RECITALS
WHEREAS, it has been determined by the City Council of the City of DLibhn, State of
California, that DEVELOPER, as a subdivider, desires to improve and dedicate certain public
improvements (hereafter"The Improvements") shown on Tract 8000, in accordance with the
requirements and conditions set ft:nth within the City of Dublin Planning Commission
Resolution No 48-31 (PA 04)05) adopted on 10/14/08, and Planning Commission
ItSolution-1'40.'0842 (PA08=005),,adopted on 10/14/08, and City Council Ordinance No 38=
08',adopted on 11/18/08;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¤tlY being reviewed by the. City Engineer as'follows:
o Gradint Plans--Uhit 2 Schaefer Ranch Tract 8000 Dublin. California (14 Sheets 1,
12,,MSERetaining:Wall Designs), prepared by lsakson & Associates, Inc. and ENGEO
Inc., Approved on 04/11/12.
o Geotechnical Corrective Grading Plans-Unit 2. Schaefer Ranch. Tract 8000 Dublin.
California, prepared by ENGEO, Inc , Approved on 04/11/12. '
• Erosion Control Plana- Unit 2, Schaefer Ranch, Tract 800, Dub fin California
Approved on 04/11/12
o Joint Trench Improvement Plans. Schaefer Ranch Unit 2 - Tract 8000 prepared by
LiglithgoaP-Diaign, , Approved on 00110/2012.
o Improvement Plans Schaefer Ranch Unit 2 Tract 8000 bublin, California. prepared by
Isakson &Associates, Inc., Approved on 08/28/20121 - -
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Said plans are now, or, if net Yet finally approved, will be, on file in the office of the Public
Works Director/City Engineer, and are hereby referred to for a more definite and distinct 11;,
description of the work to be performed underthis Agreement as though set forth at length
herein; and
WHEREAS; CITY has datgrminecIthat The Improvements are a publidwork$ project
subject to California prevailing Wage requiremehts.„
WHEREAS, DEVELOPER iritancf to satisfactorily cbi-nplete The Improvements within
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the time hereinafter specified, and CITY intends to accept DEVELOPER'S offel(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;
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NOW,THEREFORE, in consideration of the Mutual promises conditions and covenants i
'herein contained,•the,parties agree as follows I
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Section 1(a). Design Plans.
For plans which have not yet been submitted to the City, DEVELOPER shall submit final
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plans and specifications (construction documents) for the plans and specifications-identified as
currently under review.to the CITY for review within 90 days of the execution of this Agreement
and shall obtain CITY approval 6f the final plans and specifications for the Improvements no I
later than 180 days from the execution of'this Agreement. CITY shall have 30 calendar days to
respond to DEVELOPER's initial submittal and 15 calendar days for any subsequent submittals
of revised plans and specifications. DEVELOPER shall.design The Improvements in
accordance with the City's Development'Standards. The final`design,including detailed plans j
•and specifications, shall be approved by the CITY, which may require peer review of the design'.
at;DEVELOPER's cost.;DEVELOPER shall obtain-all required permits and pay ail required fees. !r
Construction of The Improvements shall not begin until the final plans and the.CITY approves j';
specifications. ii
. Section 1(b). Completion Time. ,,
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DEVELOPER'wili commence construction.of The Improvements within one hundred ,
'eighty (180) days following the date on which CITY CITY this Agreement. DEVELOPER
shall complete-such Improvements no later than two":years following execution Of this
Agreement.or not later than October 2, 2014. Upon completion, DEVELOPER.shall furnish '
CITY with a complete and reproducible set:of final as-built plans of The Improvements, i
including any authorized modifications: .
:Section 2. .Estirhated:Cost of9rnproverhents. i(.
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For purposes or this Agreement, the estimated cost of constructing The Improvements is
agreed to be Two Million, One Hundred'and Twenty Thousand, Nine Hundred and Ninety- l
four and 00/100 Dollars($'2, 120,'994.00),as shown on the Engineer's Estimate dated i;
06/12/2012 and attached to,this agreement as Exhibit`"A". Said amount include costs and
reasonable expenses
and fees,which maybe incurred in enforcing the obligation secured.
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Section-3. Bonds Furnished:,
Concurrently with the execution of this Agreement, DEVELOPERishall furnish CITY with
the following security inta form satisfactory:to the CITY Attorney:
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a Faithful Performance: Either a cash deposit, a corporate surety bond issued bya
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, h `
(100%) of-the estimates set forth in Section 2 and sufficient to assure CITY that
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The:Improvements•will be satisfactorily completed. Arty:plans and specification
that have not yet been finally approved by the City Engineer, shaltbe considered
as part of"The Improvements for the purpose of this subsection it the City
Engineer has previously reviewed and tentatively approved said plans and
specifications. •
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 Section 2 and sufficient to assure CITY that
DEVELOPER'S Contra616ra subcontractors, and other persona furnishing labor;
materiels, or euipment/shall be paiditherefor.
If required by c ity, corporate snretYbond, or instrument of credit"
sufficient to assure CITY that the surface water drainage of the subdivision shall
not interfere with the use of neighboring propetty, including public streets and
highways.
CITY shall be the sole indernniteanamed on any instrument required by this Agreement.
Any instrument or deposit required herein and the release thereof ishall conform Jo the
provisions;of Chapter 5 of the Subdivision-Map.Act.
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Section 4. Insurance_Reckiired.
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Concurrently with the execution fiereot, DEVELOPER shall:obtain or cau-se 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 orbause.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
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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 ft
-insurance earner.
a Minimum Scope of Insurance. Coverage shall be at least as broad as
(i) Insurance Services Office form number OE 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]
overage ( OPPurrOnce" fOrm lOG 0001.)
(ii) Insurance Services Office form number CA 0001 (Ed. 1178) covering
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• AutemobileiLiability, Code 1 ganY allto,i/e0d endorsement CA 0025.
(iii) Workers s Compensation insurance as required by the Labor Code bf' •
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the State of California and.Emplo.yers Liability Insurance:
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i) . 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.
•Automobile Liability: $1;000,000 combined single limit per accident
for bodily injury'.and.property damage:
(iii) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the Slate•of
California and.Employers Liability limits of$1,000,000.per accident
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c. Deductibles:and Self-Insurance Retentions. Any deductibles or self insuredl -
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;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::
(i) General Liability+:and'Automobile.Liability Coverages, •
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(a) The CITY, its officers agents,officials;,employees:.and
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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 bythe 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' 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 is insurance
and shall not contribute with it.
(c): Any failure to comply:with reporting'provisions of the policies
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shall not affect coverage provided to.the CITY, its officers,
offioials;t-employees or volunteers:
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(d) The DEYELOPER's insurance Omit 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.
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(ii) .Workers' Compensation.and-Employers Liability Coverage. The: I
Insurer shall agree to waive:all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses
arising:fromwork performed"by the DEVELOPER for the CITY.
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(iii) All Coverages; ■
Each insurance policy required by this clause:shall be endorsed to
state that coverage shall not be suspended,.voided, cancelled by' i
either party, reduced in coverage or:in limits exceptafter thirty (30) i_
days'prior written notice bycertified mail, return receipt"requested,
has been given to the CITY;
(a) Acceptability of Insurers. nInsUrance is to be placed,With v.
insurersrwith;a Bests' rating ofino less than A:VII.
(b) Verification of Coverage DEVELOPERishail furnish CITY Ia
w ith certificates;of insurance and with original endorsements t1
effecting coverage requiredby this clause. The certificates ;'I
and endorsements for each insurance.policy.are to be signed ii
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 is ,;,;
general contractor Shall include all subcontractors;as insureds i,,
.under its policies:or shall ohtain'separate:certificates and
endorsements for each subcontractor. All coverages for
subcontractors shall besubjectto all of-the requirements
atated herein.
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Section •Work-Performance and Guarantee. ,4•
Except as otherwise expressly provided in this Agreement,and excepting only items of
routine maintenance,"ordinary wear.and fear and unusual abuse or neglect;DEVELOPER• f
guarantees all work executed by DEVELOPER and/or DEVELOPER 's agents, and ail supplies, c.
materials devices of whatsoever nature incorporated in or attached to the work, or I r
otherwise"delivered to CITY as a part of the work pursuant to the Agreement, to befree 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 orreplace any or all such work or.material,together I,"
with all or any`other work'or materials which•m m
ay be displaced or daaged'in so doing,than ,
may prove defective in workmanship or material within said.one=year guarantee period without I
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-
I'\DUBLIN\SCHAEFER RANCH PHASE;Il4SubdiWSian,AgreementlTraet 8006 Subdivision Imp Agreement FlNAL(009042012)d e t 11 r
IMPROVEMENT AGREEMENT
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year guarantee period, and,have been corrected, the guarantee period shattautomatically be
extended for the corrected items for an additional year to insure Mat 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-notifiedtot the defect in writing shall have the right, but shall not
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be Obligated, to:Tecate 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 ciiscretionsnd
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judgment of CITY
If CITY,at its sole option, makes or causes tote 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,itwenty-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. 1
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Section 6. Inspection of the Work.
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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.rnaterials and i
workmanship which are not in accordance with the plans and specifications, and all such
materials arid 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 Improvements
plans and specifications:
Section 7. Adreerinent Assignment.
DEVELOPER shall not assign this Agreement without the written consent of CITY, which
consent shall not be unreasonably withheld.
Section 8. Abandonment of Work.
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Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
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considered to be agents of CITY in connection with the performance of DEVELOPER S
obligations under this Agreement
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If DEVELOPER refuses or fails to obtain prosecution of the work, or any part •
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thereof,with audh-dilipence'as will insure its completion within the time specified, or any
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extension thereof, or fails to obtain completion of said work within such time or if DEVELOPER
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shpuld.be adjudged a.s;bankrupt, or should make a general assignment for the benefit of I
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DEVELOPER!is 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.portien, thereof,.and;default of DEVELOPER.
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. In the event of any such notice of breach of this Agreement, DEVELOPER is 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 1.
breach, does not give CITY written notice of its intention to take over the performance of the
contract, and does not commence performance thereof within thirty (30) days after notice to .
CITY of such election, CITY may take over the work and prosecute the-same to completion, by
contract or by any other method CITY may deem,advisable; for the account and at the expense ,
of DEVELOPER;and DEVELOPER is 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:liabilityfor:so'doing,;may take possession of, and utilize in completing;the work,
such materials, appliances, plant'and other property+belonging'to DEVELOPER as maybe on }
the site of the:work and necessary therefor,
Section:5. Notices r'
All notices herein required_shall be in;writing,and delivered in person or sent by ,
registered mail, postage
to repaid. r Notices. be given"to CITYshall be-addressed as follows: l NJ
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Gary Huisingh, Public.Works Director
City of Dublin i
100 Civic'Plaza i'
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.Dublin, CA 04568
Notices required to be given to DEVELOPER,Shall be addressed as follows: i,
Schaefer Ranch Holdings, LLC r 2 i
Attention:Albert Seeno, III, President.
4061;Port Chicago Highway, Suite,H
Concord,CA 94520 L
With,copy to
Schaefer Ranch Holdings, LLC
Attention:Jeanne C. Pavo .
4021 Port Chicago:Highway
Concord, CA 94520
Any party orthe 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.,.
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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
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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
and improvements within the workcto be performed under this Agreement shall beat 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 safely items as maybe shown on the plans and)ncluded
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 noticetof the completion of The Improvements and the delivery of a:set of final as-
built,mylar plans with electronic file'to CITYby 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:&designated agents of such acceptance:subjectto Section above.
If not previously dedicated on the final gap for Tract 8000, DEVELOPER shall
dedicate to CITY b se p arate 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 Copyright 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.
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Any alteration or alteration's Made in the plans and specifications which are a part of this I
Agreement or any provision of this Agreement shall not operate to release any sufety•or;
sureties from liabifity'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
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the proVisions of Section 2$19.of the Civil.Code,ofthe State of,california.
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Section.15. .Liability. .
a. DEVELOPER Primarily Liable. DEVELOPER hereby warrants th t th
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design and construction of The Improvements will be performed in a proper
Manner. DEVELOPER•agreesto indemnify, defend, release; and save ,
harmless CITY, and each of itsielective and appointive boards,
commissions, officers agents and employees, from and against any and all '
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loss, claims, suits,liabilities, actions, damages, or causes of action of every I
*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:
That . .
(i) T CITY'does not, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold i
harmless agreement,because of by CITY,-or the
deposit with CITY by DEVELOPER, of any of the insurance policies
described in Paragraph 3 hereof.. l-
(ii) That the aforesaid hold harmless agreement by DEVELOPER shall
• apply to all damages and claims for damages of every kind suffered,
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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, sunilied, or approved of plans and/or I
specifications for the subdivision, or regardleSs of whether or not
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such insurance policies shall have been determined to be applicable
to ahy of such damages or claims for damages, E.
b. Design Defect If,:in'the opinion of the CITY, a design defect in the work of
Improvements becornes=apparent during the course of construction, or
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within one (1)year following acceptance by the CITY of 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, I)
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. f?
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. 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 event judgment is entered in said action, the prevailing party
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Shall be entitled to recover its attorneys'fees and court costs. If CITY is the —
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prevailing partSr, CITY shall also be entitled to recover its attorney's fees
.IMPROVEMENT AGREEMENT Page 9 of 11
'I:DUBLIN\SCHAEFER RANCH PHASE 111,SubdilAsiori Agteernenlqract 8000 Subdivision Imp Agreement.FINAL(O0042012).cIoc
September.102012
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and costs;in any action against-DEVELOPER's,surety on:thebonds
provided under Section 3.
Section 16. indemnification and Waiver. •
DEVELOPER.shall defend CITY,its officers, employees and officials, against any claims
,or actions (including declaratory or injunctive relief)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 maybe 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 andye'ar first above written.
•
CITY: DEVELOPER:
City of Dublin: Schaefer Ranch Holdings LLC
a California limited'liability company
By Bys"Its managing member, SCHAEFER RANCH
Joni Patillo, City Manager DEVELOPMENT, INC., a California corporation
Date:-.
ATTEST: j
Typed or Printed Name
By:.
Caroline Soto, City Clerk
4/4,I,.ne
Date: Title
Date I4.
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IMPROVEMENT AGREEMENT ... ,. Page 10 of 11
I.IDUBLINVSCHAEFER RANCH PHASE IIXSubdrvision AgreementlTract 8000.Subdivision Imp Agreement FlNAL(009042012_).doc
September 70,2012
•
8 Inc. 2255 y4 n_c.'Airey i7oc:u.S•aC
Cart talc, wan Creek Ca 94599:72[: ,
neeryt0 ss deying 92.5937.2333•to 325-937-7925
• ENGINEER'S ESTIMATE
SCHAEFER RANCH UNIT 2(140 LOTS) i
TRACT NO.8000 I
FOR BOND PURPOSES ONLY !
i
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Description Unit Quantity Unit Price Total Cost
STORM DRAINS '
18"RCP . LF 1,797 $ 40.00 $ 71.880
24"RCP LF 1,070 $ 55.00 $ 58,850
30-RCP LF 900 $ 70.00 $ 63,000
TOTAL STORM DRAINS $ 193,730
i
'4'41r� x s.'. "$AN1TAAVSEWERrr ; fy^-r x r., a p.-. . '� ^r .T?" ,",.,-.,::.,-
1�"^ + ; "i �r8'PVG'Main�(SaA)5) ,•). r ; LF #,`"5 i22 r`$- . 2&0O "$g"`fi 1'434I&
1 . 4z.v,itfaraist $ T,' fileA p.. ",130 5 `"' a T27'50O $f�„k =}'38500
`s:r T,C2 ' $SamIaiy Ses errMafhaleP�`��E�s" EA ''� 25y ,$ ( ., 20000O' $„'. 50T000
1' a"A,„A'TOTAL^S4MTYARV SEWERS'FOR INFORMATION ONLY s �$ . 231,916 '
'` ' r 1 d•' '4'. +yr w.2 a-7 Sc F7 a ♦ ,• ..D g Av f , i
v
� � 19 41 i "u.r h .0 R �. i ti'. t r 4 i4d . °' 1
r fm m riyATER'SYST Ether . m”` 6-, M t.. Wki..:5 ,4, > , k !i i;t
1'a�' traiiPVCMem;(GS�CIa55' opa4 F6bi@ '� 539O,rg$ 3 ",2750 f$kq ` °148,225,},
'-Ho Se Service,(! 'Lai'kMeter=DG1 Chk Vat e)i aEA'" is ;140k '$ 250'x'•$ rs ."raps 00
�, ;,,�4 S, "4Firei raThW ' t4,;. v n E4 , -1'S 15'i$' .- 170000'1$ " z 25500}
,;utu4: ..,. TOTAL-WATER SYSTEM-: F.OR INFORMATION ONLY ;wr5 ' ; , 'Sµ';;:208,723, 1
• it!
TRENCHING
Joint Trench(Only) LF 4,645 $ 80.00 $ 371,600 j
TOTAL TRENCHING $ 371,600
1
STREET LIGHTING
Street Lights EA 18 $ 2,500-00 $ 45,000
TOTAL STREET LIGHTING $ 45,000
i
CURB,GUTTER,SIDEWALK&DRIVEWAYS
Curb and Gutter LF 10,601 $ 20.00 $ 212.020
4"Concrete Sidewalk SF 45,554 $ 5.00 $ 227,770
Handicap Ramps EA 22 $ 1,650.00 $ 36,300 (
TOTAL CURB,GUTTER,AND SIDEWALK $ 476,090
201105-Ergineen Esmnata-07_08'12.20124s 6+122012 Page 1 o12
Assoc Isakson Inc 2255 Ygracio W7eq ROC:-:,Ste.0
cwl lantl S'irnwr Creok.CA 94558-.33.CC
eryk,eertreg WVE'ying 925-937--+311•lc:925937-7925
ENGINEER'S ESTIMATE
SCHAEFER RANCH UNIT 2(140 LOTS)
TRACT NO.8000
FOR BOND PURPOSES ONLY
Description Unit Quantity Unit Price Total Cost I
OTHER STRUCTURES
Catch Basin,Type A Inlet (CD 401) EA 23 $ 2,000.00 $ 46,000 r.
Catch Basin, Type B Inlet (CD 402) EA 1 $ 2,500.00 $ 2,500
Catch Basin. Type C Inlet (CD 403) EA 3 $ 3,000.00 $ 9,000
Storm Drain Manhole, Type I Base(CD 407) EA 2 $ 3,000.00 $ 6,000
Storm Drain Manhole, Type II Base(CD 408) EA 2 $ 3,500.00 $ 7,000
TOTAL OTHER STRUCTURES $ 70,500
BASE AND PAVING
3"AC/9"AB(estimated) SF 190,558 $ 3.50 $ 666,953
TOTAL BASE AND PAVING $ 666,953
SIGNAGE, MONUMENTS, AND STRIPING
Street Name Signs EA 12 $ 185.00 $ 2,220
Monuments EA 38 $ 325.00 $ 12,350
Stop Sign EA 12 $ 200.00 $ 2,400
Striping LS I $ 3,500.00 $ 3,500
TOTAL SIGNAGE, MONUMENTS, AND STRIPING $ 20,470
SUB TOTAL ENGINEER'S ESTIMATE $ 1,844,343
15%CONTINGENCY $ 276,651
TOTAL ENGINEER'$ESTIMATE $ 2,120,994
NOTES:
1. This estimate is prepared as as guide only and is subject to possible change. It has been
prepared to a standard of accuracy which,to the best of our knowledge and judgement. is
sufficient to satisfy our understanding of the purposes of this estimate. lsakson&Associates
makes no warranty, either expressed or implied, as to the accuracy of this estimate.
2. Costs presented herein represent an opinion based on recent published information.
No provision has been made for inflation.
3. Quantities are based on'first-submittal'plans. OFESS/
Q<9. . S :fle
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201105-Engineers Estimate-07 06-12-2012.xts W Z T 61122012 Page 2 of 2
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• 'CITAI'Of blIBLIN
• 111/IPROVEMENT AGREEMENT
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LANDSCAPE'IMPROVEMENTS FOR TRACT 8000,SCHAEFER RAN.C1-1,:Urlit2 I
.. .._ (SOKAEFEBIRANCHTHOLDINOS, 40)
,
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ThiSAgreeinent (AOreernent) iS TOP:and:entered into this ?rid day.of.October 2012, by 1
f
and between the CITY of Dublin, a municipal'dOfpciration, hereinafter referred to es."CITY":,:and
IL
Sdhaefer,Rah& Holdings LLD a California Limited Liability Company (hereinafter:reel-I:et:rite
,. .. ...• , ,
S."DEVELORER").. i.
•RECITA L.S .
• _ •
WHEREAS, it has been:determined by the City Council Of the-City Of.Dbblin,:State of
California, that DEVELOPER, as a'Subdivider, desires to In-prove and dedicate certain publib i
i,
improvements (hereafter "The:Iniprovernerits") shown On Tract 8000, in accordance with the
requirements and conditionsset forth within the City of Dublin Planning Commission I:
1.'
ROOtklutilikr:NO.•os;-pl (PA 08-005), on 1 0/1 4/08, and Planning Commission
k
Resolution No 68-32:(PA06,005), adopted on 19/14/04, apci.City.coyncilfOrdinance;No 38- ty
08 adopted.oni1/18/08;the requirements of the Subdivisibm.Map,A0t,Of the State of California
and the Subdivision Ordinance of the City of Dublin; and those.certain plans and specifications I.
for said deVelopMeritiapproVed or currently being-reviewed by'the City Engineer as:follows:
. .
• Landscape Improvement Plans Schaefer Ranch,Unit 2,prepared by MD Fotheringham
Landscape-Arbhiteatiltit., dated 08/28/2012-1(er,as may be revised by the City of
Dublin prier:to approval.);
•
Said plans are.now, or if not yet finally approved, will be, on tile'inffie office of the Public
Works Director/City Engineer,and are hereby referred to for e.more definite and distinct
desbriptien,of the work to be performed under thiS Agreement as though set forth at length ,
hereirwancl
,.
WHEREAS, CIT..)? has determined that The Improvements are a public worksproject
:..,
subject to California prevailing wage requirements;
it
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WHEREAS, DEVELOPER intends td,eatiSfadtorily complete The IMprovements within L„
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the time'hereinafter specified,,and CITY intends te.abeePt.:DEVELORERS offer(s) of dedication
of.righVoEWayarid The Improvements in consideration for.DEVELQPEks satisfactory . 'j
•
pellet-mance:of the terms and,cOnditions of this Agreethent, ti
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NOW,THEREFORE, in consideration of the mutual promises,conditions and covenants lc
fiereihrcontainedthe,parles:agree as follows:. „ i t
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Section 1(a) Design PlanS, ;a
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For plans willoh have not yet heen submitted te:thatity,.DEVELOPER shall submit final
plant ad.gpetifiCatiOnS (COnStfuCtiOn docurnents).for the plans and sPebitiOationstidentified as
IMPROVEMENTAGREEMENT Pageji of 1i l3±
IADUBLINASCHAEFER nANCHPHA6E.IASubcfniisjon Agfeethehtriaof 8000 Landscape luipAgiedinentFINAL(009042012)0op• (2.,:
septwpbffir IC,2012 0:
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ciirtently-Under‘ review to theCITY for'',reVieW within 90 days.of the, execution of thisAgreement-
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and shall obtain CITY approval of the finalplans and specifications for the Improvements no
later than 1130 daye from the execution of this Agreement. CITY shall have 30 calendar days to . .
respond to DEVELOPERa.initial submittal and 15 calendar days for any ttibteacient subMittals
of revised plans and specifications. DEVELOPER shall design The Improvements in ..
accordance with the City s Development Standards.•Thp:finalbetign, including detailed plane and specifications, shall be approved by the CITY, which may require peer review of the design
at DEVELOPER DEVELOPER shall obtain all required permits and pay all required fees.
Construction of The Improvements shall not begin until the final plans and the CITY approves
.SObbifications, ..
Section 1(b). Completion Time.
...
DEVELOPER will commence construction of The Improvements within one hundred .,
eighty (180),days following thedate,on which CITY executes this Agreement DEVELOPER
,.,
shall.:cemptete such Improvements no later than.two years following execution of this
Agreement or not later than October 2, 2014. Upon CernpletiOn„DEVELOPER shall furnish
CITY complete.and:reproducible-set of final as-built plans of The Improvements,
including anyailtherizedithodifications.
Section 2, Estimated Cost of
.h:
For purposes 61-this:AgreeMent., the estimated cost of constructing The Improvements is
1-:
agreed to be Two Huntlred,and.Fifty.;nine.thousand, Five Hundred and 00/100 Dollars
: . ...
,($259;500.0,9) as shown on the Architect s Estimate dated 08/29/2012 and attached
to this agreement asEXhibit-Au. Said amount include:costs and reasonable expenses and fees,
which maybe,incurred in enforcihg the obligation secured. I:
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Section a: Bonds Furnished. V
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Concurrently with the.execution of this Agreement, DEVELOPER shall furnish CITY with ,
the following security in a form satitfactory to the QITYAttorney:: li
'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 - I.
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State of California, or instrument of credit aquiValent to one huhdredpercent 1:
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:(1'00%).of the estimates set forth in Section 2.and sufficient to assure CITY that
The Improvements will be satisfactorily completed Any plans and specifications
that have not yet been finally approved by the City Engineer shall be considered
aS!part:of"The Imprevemantsk"for the purpose of this subsection if the City
, , i-..
Engineer has previously reviewed and tentatively apprOved said plans and
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, . specifications.
b. Labor and Either.a cash deposit,:a corporate surety bond issued by a
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company duly and legally licensed to conduct a general.sliret2thuSineSt.in the I,
State of California;or ant:instrument of credit equivalent toTone.hundred percent
!:.
(100./.) of estimates set forth in Seetibh 2 and Officietitlo;:aSure,,CITY that
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CEVEL0pERS,contractors, subebhiractors, and other persOri furnishing labor, i • •
material ,,or Ocjiiiprilent Sh411 be pakcilberefor..
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c. If required by CITY, a Oath deposit, corporate surety bond, or itiStrirrriOht of credit -Ft
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IMPROVEMENTAGREEMENT .Pa0e2 of if
•IADUBLIMSCHAEFEWFLANCH PHASEIRSubdiviaion AgreemenISTeid8000 Lanclac4iel/pp Agreement FINAL(009042012).doc
_
,September.10,40.1 : N--:
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sufficient.toassure:CITY.thatthe'surface,water drainage Of the subdivision shall
not interfere.witn;The'use of:neighboring:property, including public'streets-anel ,
highways.
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CITY shall be the sole iridemnitee named on any instrument required bythis.Agreement. 1
Any instrument or deposit required herein and the release thereof shall conform to the I
lirtiVisiorie OfChaptet S of theSuhdiVision Map Act t
.
iSeCtion 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 suchi It
insurance shall have been approved by Administrative SerVides.Director of CITY, er
designee, as to form, amounfand.carrier. Prior to the commencement of work under this .i
Agreement, DEVELOPER's general contractor Shall obtain or cause to be obtained and filed' -
kJ
with the Administrative Services Director,all insurance.required under this paragraph, and such if
insurance shall have been approved by the Administrative Services:birector•of CITY,as to form,
amount and carrier DEVELOPER -Shall not allow any or subcontractor to commence k•
work on this contrabt or.subcontract until all insurance required for and
.., . _ _ _
4h
DEVELOPERs!geheral contractor Shall have been so obtained and approved.: Said insurance IF,
shall be maintained in fUll,force:and effect until the completion Of Work under this'.Agreement
,.1
and the final acceptance thereof by crry: All requirements herein provided shall appear either
fi
in the body of the insurance policies or as endoreernentsand'Shall specifically hind the
insurance carrier,
i
a. Minirnurn-Sbobe Of Insurance: Coverage shall beat least as broad as
....„
(i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering L.
comprehensive General Liability and Insurance Services Office'fort
number GL 0404:66Vering Broad Form,GernbrehenSive General i.ii
Liability; or Insurance Services Office Commercial General Liability k
coverage (-'docurrence form C?:,0001:.) r
•
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(ii) In8uranceSeryiceSOffiCe;f6rinintirribertA 0001 (Ed. 1/78) covering :
Automobile Liability, code-1 "any,auto" and.endorsemerit CA citi '.
• (iii) Workers-OoMpensatibninsuratice-eSrequired.by the Labor Code of
_.. ...
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the Stateof'California and Employers'Liability..insUrance. .,
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6. Minh-Mini Limits of:InSuraribet- OWNER shall maintain limits no less than .l.i.i
(i) General Liability: $1,560,060,cOrndined single litnit.perbecurreriCe 1?
for bodily personal injury:and.property-damage. If commercial ..:.:
GenetalLiabilitylnsiirance.br•iotitoforff with a general aggregate
limit is used, either the general aggregate limit Shall apply separately
tO;thiSprejeet/Igeation br-theigegeral aggregate limit shall twice - _-,•-:,
F
the reguiredioCCurrenceliMit
.27
(ii) Automobile Liability:. $1;000;000 combined single (knit:perAccident
for bodily injint.atid,prOperty darnage: i
.;.::
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Op WorkersOomoensationt and Employers Liability: Workers'
;IMPROVEMENT AGREEMENT Pag A sail 1 6
J:difiEiLiiciadHAFEEiffiriXNai ei-lAll\aCilidllAsion Agreerithntkl-ract E000 Landkapelfrip,Agrebnienf FINAL(009042012):dod
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Sept 12,2arg
.:2'.
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rti fis at ion li T-?s required;by the:Labor Cocle,of theiStele Of
California and Employers Liability limits of$1,000,000 per accident.
•
e. Deductibles and elf-FrisUrance,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 shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and
defense eXpenses.
.d. Other Insurance Provisions 'Thesiblicies are to'contain, orbe endorsed to
centain, the7following proViSibris:
(i) General Liability and Automobile Ceveraaes.
(a) 11100IFYiJtkofficers!, 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
DEVELOPER, premises owned, occupied Or used by the
DEVELOpER;'orautomobiles owned, leased, hired or
borrowed by the DEVELOPER. The coverage shall contain
no'epecial limitations on the-Scope of the protebtion'afforded
to the CITy;'ite,officers,rofficials, employees or volunteers.
(b) The DEVELOPER's insurance coverage shall be Primal),
insurance eareepects'the-QITY, its officers, offidiale,
„employees and Voliintee(s: Any insurance or self=i6surance.
maintained by the CITY, its Officers, offiCiala, employees or
volunteers shall be excess of the DEVELOPER:'s insurance
and shall notcontribute With it:
(c) Any failure to comply with reporting provisions of the pelicies.
Shall not affect coverage provided to the CITY its Officers,
officials, employee-stir Volunteers.
(d) The:D EVELOPE R's•insurance shall apply separately to each
insured against dairMis'made or suit is brought, except
with,resPeatab the limits of the insurer's fiebility:
_
Workers' Compensation.and EmploVers.LiabilihiCeVerage.: The
insurer shall agree to waive all rights of subrogation against the
CITY, its offiders,.OfhOialS;:efitioSteea,atdvaliMteeraIbt losses
• arisiridifrom work:performed'by the DEVELOPER kit th6 CITY.
IMPROVEMENTAGREWENT ' Paget;ol 1 i
l'ADUBLIMSCHAEFEHHANCH PHASE IINSutidiidiaii-AgiOrninaraOt 8000 Landscape imp AgreemeniFiNAL(004042012doc
Septeniben 0,±012
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• (iii) All.Coverages.. F
• Each insurance;policy required by this:clause shall beendorsed to
state.that.coverage shall not be suspended,voided, cancelled by a
" either party, reduced°in coverage or in limits-except after thirty(30) I.
days'prior written notice by certified mail, return:receiptrequested, ,•
has(been given'to the CITY`
(a). Acceptability of Insurers. Insurance is to`be placed with
insurers-With a;BeSts':rating Of notess:than;A:VlI. ';
(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 bythat insurer to bind coverage on its
:behalf. The certificates and.e"nd`orsements are to:be received
.. and approved by the CITY before work commences. The p.
CITY reserves the:right to require complete, certified copies.,of
all required insurance policies, at any time.. I.
(c) Subcontractors. DEVELOPER and/or DEVELOPER{s' I.t
general contractor shalt include all subcontractors as insureds `t
under its policies.or+shall obtain separate ceitificates.and
endorsements for each subcontractor. All coverages for
,subcontractors shall;:be subject to all.of the r'eq'uirements
:stated herein: -
:Seater} 5:- "Work Performance and Guarantee.
1
Except as otherwiseexpressly provided in this Agreement, and excepting only iterns.of i,
routine maintenance, ordinary wear:and tear and unusual abuse or neglect, DEVELOPER. i`
guaranteesallwork,executed by DEVELOPER.and/or DEVELOPER s agents and all•supplies; I,
materials and ofwhatsoever nature incorporated in, or attached to:the work;ror
otherwise-delivered to CITY as a part of the work pursuant to the,Agreement, to be free of all. .
defects of workmanship and matenals for a period of'.one (1):year after.acceptance of the entire
work.by.CITY. DEVELOPER shall repair or replace•anyror all such•work or material,together x:
with all or any other works or'materials which maybe displaced or damaged.in so doing, that li
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 N
agrees that when defects in design, workmanship anti materials actually appear during the one tY
guarantee period, and have been corrected, the guarantee period shall automatically be
extended for the'corrected items'foran additional year to insure that such;defects have actually F-
been corrected:= i;'
In the event the DEVELOPER_shall fail to comply with the conditions of the foregoing
guarantee within thirty(30) days timeor such longer time period as agreed'to in writing by the l
City Engineer, afterbeing notified of the defect`in writing, CITY shall have the right,but shall not „,z
be obligated, fo repair or:obtain the repair the defect, and.DEVELOPER shall'pay to CITY on
demand all costs and expense of such repair: Notwithstanding anything herein to the contrary, 1'.
IMPROVEMENT AGREEMENT Page:&of 11 �i
I\oUBLINISCHAEFER RANCH PHASE ihSubdivision,AgreemenTract8doD Landscape impligreement FINAL(009042012).dec:
;"Septetnber 10;2012
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in the event that any'defect in workmanship or materialdbYered by thafbregoing,gUarantee
results in a condition which constitutes an immediate hazard to the public health, safety, or
welfare, CITY shall have the righttdimmediately:repair„-of 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
l'
temporary or permanent repairs which may be required as determined in sole discretion and
1±
judgihantdfCITY.
If CITY, at its sole option, makes or caUseS to be made the necessary repairs or I
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 I
expenses for overhead and interest at the maximum rate of interest permitted by law acOruing '
thitty:(a0jdays:from the date Of billing for such work or repairs.
Section 6., Inspectien Of the Work. e
h
:DEVELOPER shall:guathriteelfree access t b CITY throUgh its City Ehgineerand 1
designated representatives for the safe and convenient inspection of the work throughout its i
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construction. Said CITY representative shall have the authority to reject all materials and 1
workmanship whionare;:not in accordance with the plans and specifications, and all such r.
Materials',antler work shall be removed promptly by DEVELOPER and replaced to the N
satisfaction of CITY:without-any expense to CITY in strict accordance with the Improvements
"plena and Spedificatiens.
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Seetibii 7, Agreement AsSienment f
, •
DEVELOPER shall not assign.this,Agreement without the written 'consent of CITY, which
cdhserit shall riot Unreasonably withheld,
li
SeCtioni8. Abandonment of Mirk. t•
'Neither DEVELOPER_norany of,DEVELOPER's agents or contractors are or shall be r
cohticleteditci be agents of CITY in connection with the performance of.DEVELOPER 's
obligations underthis Agreenierit.
I
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable pad 1-.-
, . , .
thereof,:withSubh diligence as will insure its completion within the time specified; or any
extension:theFeof, or fails to obtain completion of said work within such time,,or..if DEVELOPER 4
should be adjudged as bankrupt,or shpikld_makea general:assignment'for theThenefit of 13?
1)EyFLORErrs creditors, brit a receiver'Should be appointed, Ofif DEVELOPER or any of
1
bEDEVELOPER is contractors, subcontractors agents or employees should violate any of the ,,
e ,,
provisions of this Agreement, the CITY?thrObgh its City Engineer may serve written notice on or.i
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DEVELOPER and DEVELOPER'S surety or holds?Of other security of breach of this
Agreement, or of any,portion, thereof, and default of DEVELOPFR,
tsi
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lri the event-of apysuch,notice of breach:of this.Agreement, DEVELOPER 's surety snail l I'
have the duty to take over and complete The.Irrpreyerhents.heraimspecified; provided,
. . —specified,
however,that if the surety, within thidy:(30):days after the serving upon it of such notice of
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breach, does not give CITY writtemnoticeof its intention to takeeover the performance of the
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PAPROVEMENVAGREEMENT P a-0 8 6111 Fa
I:01381_1N\SCHAEFER RANCH PHASE IICS'ubctivision Agreethen8Tract 8000 Landscape Op Agreement. INAL(000042012):06 ze::
September 1 ?a-12
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contract; and'doeanbt commence performance thereof within met)/(39) days after notice to I
CITY of such election, CITY may take over the work and prosecute the same tacoMpletion, by
contract or by any other method CITY may deelb;adviSable, for the account and at the expense
of DEVELOPER and DEVELOPER,t!s,surety shall be liable to CITY for any damages and/or i
reaSbhable,and:docUrnented excess costs occasioned by CITY thereby and, in such event, i
CITY, without liability for so doing, may take possession 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 aria neceSsaryftherefor, I
li
Section 9., NOtiCes
All betides herein required shell be in writing,,and delivered in person or sent by
registered mail, postage prepaid. , !
l'...
Noticea-requiredlo.be giver!to CITY shall be addressed.as follows: :,..
1,.
Garyfluisingh Public Works,Director t"
qty cif Publin
is
100 Civic Plaza r:
...
Dublin; CA 94.568 ,!
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„..
Notices required to be given to DEVELOPER shall be addressed as follows:.
Schaefer Ranch Holdings,,,LLC
. ,
1
Attention:Albert.Seeno, Ill, President :
4061 Port-Cnitago,Highway; Suite H
Concord, CA 94520
I.,
. It
With copy,ta 1
Schaefer RanCh;fielPings,.LI.0
Atientien:,dearine O. Pao. ' .
i..„
4021 -port Chicago Highway
Condon:I, CA 94520
Any party or the sulety,May-changesuch address by notice in writing to the other party
and thereafternotices,shaltbe addressed and transmitted to the new addresS.
?..,
COricilitently with the execution of this Agreement; DEVELOPER has executed and has
caUsedrto:be acknowledged an abstract of this Agreement EDEVELOPER:agrees.CITY may
record said abstract:in-the Offidial Records of Alameda:Coutay.-
Hil
Section 10. Use of 8treets:OrlrhPrOverrientS,. •
... . ,..
At times:..pnot to the final addeptanoe of the by C,,.ITY,:th e use of a nyor.alf.alreem • ,i
and improvements Within The wort to be performed underlhis_Agreemeht,Shall be-at the sole
and exclusive risk of DEVELOPER, The iSagance of any building or occupancy permit by CITY
• .fordWallings located within:10e project both:a construed in any Manner:to COnatttute a_
,
IMPROVEMENT AGREEMENT , ;Page 7 of,11 itt'4
I:\DUBLIMSCHAEFERRANdlt ViliiSE[11\Subtliinsion Agreemenigract 8000 Landscape Imp Agreement FINAg009942012);doe P''<•;
4
Septeriber 1 o,20 2
Tis
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partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER
agrees that.CITY'sBuilding 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, harriers,
regulatory signs, warning lights, and other safety devices adjacent to:and on the site of The
Improvements as maybe 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, sigris,;and other safety devices: At-the end of all.work to
be performed under this;Agreement:allfences, barriers, regulatory'signs, warninglights, and
other safety devices (e:dept such safety asmay 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 mylarplans 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 specifications and:this Agreement, shall recommend_
acceptance of the work the City Council and, upon such acceptance;shall notify
DEVELOPER or designated"agents of such acceptance subject t o Section5,above.
If:not°previously dedicated on the'final map for Tract 8000, DEVELOPER shall
dedicate to CITY by separate instrument any of may and easements deemed
necessary by the City Engineer for the acceptance and maintenance of The Improvements;
and,.art acceptance of the Work, CITY shall accept said right-of.way.and maintenance
easement dedications;
Section 13. Patent and,Coovright Costs.
In the event thatsaid puns and specifications require:the use of any material, process or
publication which is subject to a duly registered patentor copyright, DEVELOPER shalt 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,
processor publication.-
Section 14. Alterations.:in Plans and Specifications.
-. - to
Any alteration or alterations madeinthe 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 P.
consent to make.such alterations is hereby given, and the,sureties to said bonds hereby waive
tlieEprovisions:of,Section2819 61 the Cifil Code of the State of California:
IMPROVEMENT AGREEMENT - Page 8 of t.1 c�?
I`.\DUBLIN\SCHAEFER+RA NCH PHASE JASubtiniisIon.Agreemem\Tract 8000 Landscape imp,Agreemen[FINAL(009042012)doe
September 10,2012 a`
_ ..... .. . . . . ,... __..„. .,, ,..._.
. ■
Socriori %I. *Liability'. [
• .:..-.: ,. ..
• I
a.. DEVELOPER Pridiari IwLiable, DEVELOPER hereby warrants that the
design and construction of The Improvements will be performed in a proper I
Manner DEVELOPER agrees to indemnify, defend, release, and save
harmle88.:CITY„andeadh;,eif its elective and appointive boards, i
commissions,:officers..agenta,andenplOyees, from and against any and all
•
loss, claims suits, liabilities actions;:damages,or causes of action of every I,
1
kind, nature and description, directly Or iridireetlyarisinglrern.anCtor.
I:
omission of DEVELOPER, its employees, agents, or independent t
contractors in connection with bEVELOOFFP8aCtions-and obligations.
hereunder; provided'as fcilloWS:; I
I'
. . .. .. . ... 1.
(i) That CITY does bet, andishell bot,„:Waive.:anytightS against fr
DEVELOPER Which,it:Mayzhave by reason;of the afoleadid hold
hartleSS4greeriterit,beeduSeef the acceptance by CITY, or the I:
4Spositvith.CITY by DEVELOPER, of any of the insurance policies
•
described in:paragraph 3 hereof: I i.
„. .
(ii)r That the aforesaid hold harmless agreement by DEVELOPER shall N
If
apply to all4damages and claims for damages of every kind suffered,
or allegedtb,rfaCie.beenISUffered, 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
tottfy ef Stich datnagesiC(Clairria,fordamages. •
. ,.
b, Design Defeat If, in the opinion of the QITY,-,:a design defect in the work of
Improvements becomes apparent during the course of construction, or ..
within one (1) year following acceptance by 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 ordet:bythe.CITy,
correct said design defect at OWNEITs:sole cost and ekperise..and•the
i"
sureties under the Faithful'ObtfOrrnanda-andtabotnnd:Materials Bonds f;
;shall beiliableto4ne CitYlor:the correclive Work required. . Df
.. ...
c .Litibatiod BOO:rises. In the event action is instituted byeither . 11
party to this Agreement, and said action seeks damages for of this:
Agreement or seeks to specifically ratificirbeihele?nia:OfInTa, greement 1.1
h
fld,.,in the event judgment la-entered:In:said action, the prevailing party 0
shall be entitled to reedVeicita attorneys' fees cobtrceSts, If CITY is the
13
. _ __... .
prevailing party, CITY shall also be entitled to recover its attorneys fees pi
and cOetS„IiMany.actiOn against DEVE1,,f)RBIS.surety on the bonds
• prblyidee4itider 8eetiori3i,
6.
•
. h.'.
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iSireadi/44eSit AcAasivititr , Ragei9 di 11
Elt
lilDOBLIN\SCHAEFER RANCH PHASEIINSubdii/ididd AgredinenrCRact 8000 Lahrlidapd;i4AgieertiOnfFiNAJ..00420i4doc,
S'eritemberilb,2012 z
U.
,..,
r,-
Section-1th Indemnification and &Nal Vet.
DEVELOPER Shall"defend CITY,. cfficerS;employeesand Officials, against any,Ciaims
or actions declaratory or injunctive relief) concerning DEVELOPER'S construction,of
The Improvements on DEVELORER'spropertyand shill indemnify and hold CITY harmless
from any:dal-lieges, charges, fees or penalties mat may be awarded or imposed against CITY
and/or DEVELOPER in connection with, or on account of DEVELOPER's.cdnatiiiction of The
litproVerrienta and/Or CITY'S failure totepfbrce or comply Wifh.,any applicable laws.
•
!Sedtion 17, Recitals.
The foregoing-Recitals are true and correct and are made a part hereof.
IN WITNESS WHEREOF, the-parlies-heretp have executed this Agreement in duplicate
at Dublin,,Califorriia, thecday and year first above Written.
dTY:: DEVELOPER:
City of Dublin Schaefer Ranch Holdingt,.L.LO
a California limited liability company
By By Its managing member, SCHAEF ER RANCH
Joni Patin°, City•Manager DEVELOPMENT, INC., a.California-corporation.
i-
Date:, —
ATTEST: 71114,154cii9 <,:-.S*/10 717—
1)(PeOlof Pfinied Name
H.
By: -
Caroline Soto, City Clerk _ffl/t.71,625:674iA' .
Title
bate: 1 1.:
Date ff.
•
itir.adVEMEN-f.AdREEMEkit Page.'10 of 11
\DUBLiNcSGHAEFEA:FiAPIdEIPHAgElhaubcfiviibn AgrOman8TrAct 8000 Landscape imp Agreement FINAL:(908042014088:
September 10,2012:
. EXHIBIT "A"
Project Schaefer Ranch 2-Tract 8000 MD Fotheringham, Landscape Architect, Inc.
Client: Schaefer Ranch Development, Inc. 8/29/2012. •
'Phase: Construction Documents 75% Submittal - HOA Common Areas Page 1 of 1 •
•
Quantity • Unit Unit Price Total
1 Fine Grading/Soil Preparation 88,125 SF '$0.35 $30,843.75
. 2 Irrigation System 88,125 SF $1.15 $101,343.75
. 3 24-inch Box Trees (Dublin Blvd. Frontage& Street Tr • 215 EA $165.00 $35,475.00
4 15 Gallon Trees • • 57 EA $100.00 $5,700.00
5 5 Gallon Shrubs 1,152 EA • $10.50 $12,096.00
6 1 Gallon Shrubs • 1,090 EA $4.25 $4,632.50
7 Ground Covers 3,640 SF $2.50 $9,100.60
8 Small Chip Fir Bark (3 inches thick) 88,125 SF $0.30 $26,437.50
•
Subtotal • $225,628.50
• '10% construction contingency $22,562.85
Total $248,191.35
Average Landscape cost I 88,125 SF Cost per SF $2.82
Number of Lots 1 140 EA Cost per Lot $1,772.80
Prepared by:
MD Fotheringham, Landscape Architects, Inc. .
• NOTES: .
•