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HomeMy WebLinkAbout4.16 Jordan Ranch Neighborhood Parkor 19 82 /ii � 111 DATE: TO: STAFF REPORT CITY COUNCIL November 17, 2015 Honorable Mayor and City Councilmembers CITY CLERK File #600 -60 FROM: Christopher L. Foss, City Manager �?14 " SUBJECT: Approval of Improvement Agreement for Jordan Ranch Neighborhood Park Prepared by Meghan Tiernan, Facilities Development Manager EXECUTIVE SUMMARY: The City Council will consider an Improvement Agreement with BJP -ROF Jordan Ranch, LLC, a California Corporation, to construct the 4.99 -acre neighborhood park as identified in the Eastern Dublin Specific Plan within the Jordan Ranch development. Execution of this Agreement is a requirement of the First Amendment to the Development Agreement with BJP -ROF Jordan Ranch, LLC, for the Jordan Ranch Project. FINANCIAL IMPACT: The 2014 -2019 Capital Improvement Program includes Jordan Ranch Neighborhood Park (Project PK- 0514). The total project budget is $2.3 million of which $1.6 million was budgeted for park construction. A recent estimate for the park improvements was $1.965 million. BJP - ROF Jordan Ranch, LLC, will construct the Jordan Ranch neighborhood park as currently designed. The Developer will not receive any park improvement credits for the first $1.6 million of the construction costs; however will receive neighborhood park improvement credits for the construction cost above $1.6 million. RECOMMENDATION: Staff recommends the City Council adopt the Resolution Approving the Improvement Agreement with BJP -ROF Jordan Ranch, LLC for Jordan Ranch Neighborhood Park. u' bmitteb By Public Works Director DESCRIPTION: \ Reviewed By Assistant City Manager BJP -ROF Jordan Ranch, LLC is the developer of the Jordan Ranch subdivision, consisting of approximately 187.9 -acres of land, generally at the northeast corner of Fallon Road and Central Parkway. Page 1 of 2 ITEM NO. 4.16 On December 6, 2011, the City Council approved the Final Map and accepted parkland dedication in -lieu credits for park land dedication requirements for Tract 8024, Jordan Ranch, (BJP -ROF Jordan Ranch, LLC). As part of that Tract Map, BJP -ROF Jordan Ranch, LLC offered for dedication the 4.99 -acre Neighborhood Park within Tract 8024 to satisfy Neighborhood Park Land dedication obligations, for which it received Neighborhood Park Dedication credits under the City's Public Facilities Fee Program. As approved by City Council on October 6, 2015, the First Amendment to the Development Agreement with BJP -ROF Jordan Ranch, LLC, requires the developer to construct the Jordan Ranch neighborhood park. The park went through a public design review process in 2013 and was approved by the City Council on January 21, 2014. Subsequent to the City Council's design approval of the park, construction drawings for the park improvements have been completed and the project is ready for construction. A recent estimate for the park improvements by the Developer was $1.965 million. The Developer will not receive any park improvement credits for the first $1.6 million of the construction costs (as this was considered as part of the Developer's community benefit), but will receive park credits for the construction cost above that amount. This will relieve the City's Public Facility Fee program from having to pay for most of the park improvements. In turn, depending on the outcome of the re- bidding of Fallon Sports Park, cash flow for future parks will likely be available sooner than has been expected. The next neighborhood park in the queue is Sean Diamond Park, which is currently in design. Staff has prepared a Resolution Approving the Improvement Agreement for Jordan Ranch Neighborhood Park (Attachment 1). The Improvement Agreement (Exhibit A to Attachment 1) calls for construction to commence by March 1, 2016 (provided that the City has provided the plans by January 15, 2016), and all Improvements shall be completed no later than March 1, 2017. The City intends to accept the land and improvements upon completion of construction and in consideration for the developer's satisfactory performance of the terms and conditions as outlined in the Improvement Agreement, which is Exhibit A to Resolution Approving the Improvement Agreement (Attachment 1). NOTICING REQUIREMENTS /PUBLIC OUTREACH: A copy of the Staff Report was sent to BJP -ROF Jordan Ranch, LLC. ATTACHMENTS: 1. Resolution Approving the Improvement Agreement with BJP -ROF Jordan Ranch, LLC for Jordan Ranch Neighborhood Park 2. Exhibit A - Jordan Ranch Park Improvement Agreement 3. Exhibit B - Cost Estimate 4. Concept Plan Page 2 of 2 RESOLUTION NO. XX - 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** APPROVING THE IMPROVEMENT AGREEMENT WITH BJP -ROF JORDAN RANCH, LLC FOR JORDAN RANCH NEIGHBORHOOD PARK WHEREAS, BJP -ROF Jordan Ranch, LLC ( "Developer ") owns portions of certain real property consisting of approximately 187.9 -acres of land generally northeast of the intersection of Fallon Road and Central Parkway on which it is pursuing a residential development project; and WHEREAS, the Developer will dedicate a 4.99 -acre Neighborhood Park within Tract 8024 to satisfy Neighborhood Park Land dedication obligations, for which has received Neighborhood Parkland fee credits under the City's Public Facilities Fee Program; and WHEREAS, the Developer and the City have proposed to enter into an Improvement Agreement for Jordan Ranch to develop the 4.99 -acre Neighborhood Park with the Developer receiving partial Neighborhood Park Improvement fee credits under the City's Public Facilities Fee Program as agreed in the Development Agreement Amendment with BJP -ROF Jordan Ranch, LLC approved by Ordinance 10 -15; and WHEREAS, said Improvement Agreement will be secured by a bond furnished after execution of the agreement and prior to issuing the credits for the improvements, conditioned upon faithful performance of said Agreement; and WHEREAS, said Improvement Agreement is secured by a bond furnished after execution of the agreement and prior to issuing the credits for the improvements, conditioned upon payment for labor performed or materials furnished under the terms of the said Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve an Improvement for Jordan Ranch Neighborhood Park with BJP -ROF Jordan Ranch, LLC attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 17th day of November, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor ATTACHMENT 1 City Clerk ATTACHMENT 1 IMPROVEMENT AGREEMENT FOR JORDAN RANCH PARCEL D (NEIGHBORHOOD PARK SITE) THIS IMPROVEMENT AGREEMENT (this "Agreement ") is made and entered in the City of Dublin on this 17th day of November, 2015 by and between the City of Dublin, a Municipal Corporation (hereafter "City ") and BJP -ROF Jordan Ranch, LLC, a California Corporation (hereafter "Landowner "). City and Landowner are hereinafter collectively referred to as the "Parties." WITNESSETH: WHEREAS, Landowner owned, and still owns portions, of certain real property ( "the Property ") consisting of approximately 187.9 -acres of land generally northeast of the intersection Fallon Road and Central Parkway, on which it is pursuing a development project ( "the Project "); and WHEREAS, in pursuit of the Project, Landowner and City entered into a Development Agreement with the City, dated June 22, 2010, recorded on July 27, 2010 as Instrument No. 2010206466 of the Official Records of Alameda County ( "Development Agreement "); and WHEREAS, Landowner filed Tract Map 8024 in 2011, which reserved a 4.99 acre park site, and indicated that it would be conveyed to the City of Dublin by subsequent instrument; and WHEREAS, Landowner recently sought, and the City approved, certain changes to the project entitlements, including an amendment to the Development Agreement, which among other things, obligates Landowner to improve the 4.99 -acre Neighborhood Park at the Developer's cost, with a portion of the costs of the improvements being a credit against the City's Neighborhood Park Improvement component of the Public Facilities Fee Program; and WHEREAS, Landowner agrees to satisfactorily complete the improvements within the time hereafter specified, and the City intends to accept Landowner's offer of dedication of the land and improvements in consideration for Landowner's satisfactory performance of the terms and conditions of this Agreement; and WHEREAS, except as otherwise defined herein, all capitalized terms used but not defined in this Agreement shall correspond to the defined terms in the Development Agreement. NOW, THEREFORE, City and Landowner agree as follows: 1. Land Dedication. The Landowner, concurrently with the execution of this Agreement, has delivered an offer of dedication to the City the acceptance of which would convey to the City the approximately 4.99 -acre neighborhood park parcel (designated Parcel "D" on the final map for Tract 8024) (the "Neighborhood Park "). The City will accept the dedication upon its acceptance of the Improvements pursuant to Section 4. 2. Construction Documents. The City has prepared construction plans and specifications for the Improvements, dated August 27, 2015, and on file with the Parks and Community Services Director. 3. Completion Time. Landowner will commence construction of the Improvements by March 1, 2016, provided that the City has provided the plans by January 15, 2016, and shall complete all Improvements no later than March 1, 2017 except as extended by weather delays as allowed for in the City's standard specifications or unless the completion date is extended by the City Council. Developer shall maintain the improvements for three months following substantial completion. Time is of the essence in this Agreement. Upon completion, Landowner shall furnish City with a complete and reproducible set of final as -built plans and AutoCAD copies of the Construction Documents for the Improvements, including any City authorized modifications. 4. Acceptance of Work. Upon notice of completion of all Improvements and delivery of a set of final as -built plans copies of Construction Documents to City by Landowner, the City shall examine the Improvements without. delay. If the Improvements are found to be in accordance with said plans and specifications and this Agreement, City shall recommend acceptance of the work to the City Council, and, upon such acceptance, shall notify Landowner or its designated agents of such acceptance. City shall only accept the Improvements at 100% completion. 5. Bid Documents. Landowner = shall prepare the bid documents for the Neighborhood Park. The City shall review and approve the bid documents prior to the issuance of a notice of, and invitation to, bid by Landowner. Bids shall be lump sum with an itemized unit summary to be used for additions and deletions only. The City shall be permitted to review the bids received by Landowner and provide comments on them prior to Landowner's selection of the most appropriate bid. All bids shall include prevailing wage rates. The City shall have ten (10) working days to review the bids and, in the event the City concludes the bids are unacceptably high and not to budget, to notify Landowner of required modifications to the Improvements or the need to solicit additional bids. The City shall provide Landowner with an opportunity to review and comment on any proposal by the City to modify the Improvements and shall give such comments fair consideration. 6. Inspection of the Work. Landowner shall guarantee free access to City through the City Manager's designated representative for the safe and convenient inspection of the work throughout its construction. Said City representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by Landowner and replaced to the satisfaction of City without any expense to City in strict accordance with the improvement plans and specifications. The City representative will also attend all project progress meetings during the course of construction. Landowner shall submit any plan changes before and during construction to the City Manager's designated representative for approval. Construction shall not begin on any plan changes unless they are approved pursuant to Section 7 of this Agreement. 7. Change Orders. Landowner shall submit a written request for approval of any change orders to the City at least 15 working days prior to proceeding with any 4 change order. Landowner shall not issue any change orders on such construction contract without first obtaining City's written consent. Landowner acknowledges the failure to obtain such written consent from the City will result in Landowner's sole responsibility to pay for such change orders without reimbursement or credit from the City. Any change in design in the Improvements must have City's pre - approval. 8. Other Costs. City and Landowner acknowledge that City and Landowner incur various costs during park development beyond construction document preparation and improvement construction. Such costs include but are not limited to consultant construction assistance (environmental, inspection, engineering), storm water pollution prevention, utility bills (electric, water), City inspections, permits and fees, design /drafting fees, fencing, maintenance and miscellaneous costs such as photocopying and printing. Landowner shall not enter into contracts for such costs or otherwise procure such services without obtaining City consent. Landowner will provide City with copies of any contracts and detailed descriptions of scope of work to be performed. Landowner acknowledges failure to obtain such written consent from the City will result in Landowner's sole responsibility to pay for such other costs without reimbursement or credit from the City. 9. Payments. Landowner shall be responsible for all payments associated with the Improvements. This includes but is not limited to, contractors work, electric and water bills, storm water pollution prevention, consultant construction assistance, City inspections, permits and fees. Landowner shall provide to City a monthly accounting summary outlining project costs to date. Landowner will include copies of invoices paid. Landowner will provide copies of cancelled checks if requested- by City. 10. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, Landowner guarantees all work executed by Landowner and /or Landowner's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to City as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials fora, period of one year after final acceptance of the entire work by City. All manufactured products specified for the site shall have extended warranties as available from the companies that supply the products. All such warranties shall be transferred to the City prior to final acceptance of the Improvements. These warranties shall cover both the replacement of parts and the labor necessary to have the equipment in proper working order. These products include, but are not limited to: play equipment, site furnishings and mechanical equipment. Landowner shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one -year guarantee period without expense or charge of any nature whatsoever to City. Landowner further covenants and agrees that when defects in design, workmanship and materials actually appear during the applicable guarantee period, and have been corrected, the guarantee period for such corrected items shall automatically be extended for an additional year to insure that such defects have actually been corrected. In the event the Landowner shall fail to comply with the conditions of the foregoing guarantee within ten (10) days' time, after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and Landowner shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in 3 the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, City shall have the right to immediately repair, or cause to be repaired, such defect, and Landowner shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs, which may be required as determined in the sole discretion and judgment of City. If City, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work as provided herein, Landowner shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50 %) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 11. Estimated Cost of Improvements. The estimated cost of constructing the Improvements required by this Agreement as adjusted for inflation is agreed to be for a fixed limit in the amount of $1,965,000 as more fully set out in Exhibit "B" entitled "Complete Project Cost Estimate — Jordan Ranch Neighborhood Park Improvements" and incorporated herein. 12. Bonds Furnished. Concurrently with the execution of this Agreement, Landowner shall furnish City with the following security in a form satisfactory to the City Attorney. Landowner shall increase or decrease the amount of the security if project costs increase or decrease pursuant to section 11. a. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100 %) of the estimate set forth in Section 11 and sufficient to assure City that the Park Improvements will be satisfactorily completed. b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one - hundred percent (100 %) of the estimate set forth in Section 11 and sufficient to assure City that Landowner's contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefore. C. City shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein and the release thereof shall conform with the provisions of Chapter 5 of the Subdivision Map Act. 13. Fee Credit For Park Improvement. In consideration for the Improvements to be constructed by Landowner, City shall, upon Landowner's posting the security required by Section 12, grant Landowner Public Facilities Fee credits in the form of an exemption from the neighborhood park improvement component for the 45 residential units proposed on Parcel H of Tract 8024 and for the 105 residential units proposed on Parcel A of Tract 8100 (former School Site). The parties agree that the monetary value of those credits is presently approximately $365,000, which amount will change from time to time as a result of periodic changes in the amount of the Public Facilities Fee. Landowner will not receive credits for the additional costs of the improvements that exceed the value of the exemption provided by this paragraph. ld 14. No Credit for Excess Costs. Costs are not subject to reimbursement by City to Landowner to the extent that actual construction, design, and related costs, as approved by City, total more than the above fee credit. 15. Obligations Arising from Agreement. Neither the General Fund nor any other fund or monies of City shall be utilized for payment of any obligations arising from this Agreement. Neither the credit nor the taxing power of City is pledged for the payment of any obligations arising from the Agreement. Landowner's obligations arising from this Agreement are not a debt of City, or a legal or equitable pledge, charge, lien or encumbrance upon any of its property, or upon any of its income, receipts or revenues. 16. Liability. a. Landowner Primarily Li design and construction of the Improvemen adjacent properties and that all work will be E agrees to indemnify, defend with counsel acc( officers, officials, employees, agents, and vol claims, suits, liabilities, actions, damages, or description,(collectively "Liability ") directly or i Landowner, its employees, agents, or ind Landowner's actions and obligations hereun sole negligence or willful misconduct of the Ci 1) That City do Landowner which it may have by reaso because of the acceptance by City, or the insurance policies described in Paragraph ble. Landowner hereby warrants that the will not adversely affect any portion of :rformed in a proper manner. Landowner ptable to City, and hold harmless CITY, its nteers, from and against any and all loss, ,auses of action of every kind, nature and idirectly arising from an act or omission of pendent 'contractors in connection with er, except such Liabilities caused by the ✓: provided as follows: , and shall not, waive any rights against ie aforesaid hold harmless agreement, sit with City by Developer, of any of the reof. 2) That the aforesaid hold harmless agreement by Landowner shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. b. Design Defect. If, in the opinion of the City, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year (except for those manufactured products where extended warranties have been provided, in which case the extended warranty period shall apply) following acceptance by the City of the Improvements, and said design defect, in the opinion of the City, may substantially impair the public health and safety, Developer shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the City for the corrective work required. C. Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the 9 event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If City is the prevailing party, City shall also be entitled to recover its attorney's fees and costs in any action against Landowner's surety on the bonds provided under paragraph 12. d. Third Party Claims. With respect to third party claims against the Developer, the Developer waives any and all rights of any type to express or implied indemnity against the City. 17. Insurance Required. Concurrently with the execution hereof, Landowner shall obtain or cause to be obtained and filed with the City, all insurance required under this paragraph, and such insurance shall have been approved by the Risk Manager of City, or his designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, Landowner's general contractor shall obtain or cause to be obtained and filed with the Risk Manager, all insurance required under this paragraph, and such insurance shall have been approved by the Risk Manager of City, as to form, amount and carrier. Landowner shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for Landowner and Landowner's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by City. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. A. Minimum Scope of Insurance. Coveraae shall be at least as broad as: 1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office. Commercial General Liability coverage ( "occurrence" form CG 0001.) 2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. Landowner shall maintain limits no less than: 1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. X 3) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self- Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City, Landowner shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages. a) The City, its officers, agents, officials, employees and volunteers shall be named as additional insureds in respect to: liability arising out of activities performed by or on behalf of the Landowner; products and completed operations of the Landowner; premises owned, occupied or used by the Landowner; or automobiles owned, leased, hired or borrowed by the Landowner. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b) The Landowner's insurance coverage shall be primary insurance in respect to the City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Landowner's insurance and shall not contribute with it. c) ` Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d) The Landowner's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liabilitv. 2) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Landowner for the City. 3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. a) Acceptability of Insurers. Insurance is to be placed with insurers with a A.M. Bests' rating of no less than A:VII. 7 b) Verification of Coverage. Landowner shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. C) Subcontractors. Landowner and /or Landowner's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 18. Assignment of Agreement. This Agreement shall not be assigned by Landowner without the written consent of City, which shall not be unreasonably withheld. 19. Landowner Not an Aaent. agents or contractors are or shall be con: the performance of Landowner's obligatior 20. Abandonment of Work. prosecution of the work, or any severable its completion within the time specified, completion of said work within such ti bankrupt, or should make a general assig or if a receiver should be appointed, or if subcontractors, agents or employees Agreement, the City through its Public Landowner and Landowner's surety or Agreement, or of any portion, thereof, and er Landowner nor any of Landowner's I to be agents of City in connection with er this Aareement. If Landowner refuses or fails to obtain part thereof, with such diligence as will insure or any extension thereof, or fails to obtain me or if Landowner should be adjudged as nment for the benefit of Landowner's creditors, Landowner, or any of Landowner's contractors, should violate any of the provisions of this Works Director may serve written notice on holder of other security of breach of this default of Landowner. In the event of any such notice of breach of this Agreement, Landowner's surety shall have the duty to take over and complete the Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Landowner and Landowner's surety shall be liable to City for any damages and /or reasonable and documented excess costs occasioned by City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Landowner as may be on the site of the work and necessary therefor. 21. Notices. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Manager r;1 City of Dublin 100 Civic Plaza Dublin, California 94568 Notices required to be given to Landowner shall be addressed as follows: Bob Radanovich BJP -ROF Jordan Ranch, LLC 5000 Hopyard Road, Suite 170 Pleasanton, CA 94588 Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. Concurrently with the execution of this Agreement, Landowner has executed, and has caused to be acknowledged, an abstract of this Agreement. Landowner agrees that City may record said abstract in the official records of Alameda County. 22. Use of Improvements. At all times prior to the final acceptance of the work by City, the use of any or all Improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of Landowner. 23. Safety Devices. Landowner shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. Landowner shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the Landowner, and the entire site left clean and orderly. 24. Attorneys' Fees and Venue. In any action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. Any action arising out of this Agreement shall be brought in Alameda County, California regardless of where else venue may lie. 25. Recitals. The foregoing Recitals are true and correct and are made a part hereof. 26. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 27. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 01 IN WITNESS WHEREOF, the City and Landowner have executed this Agreement, the day and year first above written. CITY OF DUBLIN a Municipal Corporation Dated: ►U IV Q . o, 25 By: Name: Christopher L. Foss Title: City Manager 10 Jordan Ranch Neighborhood Park BID TOTALS Bklitem escrintioq �aaanta.t Units Unit Price Bid Total 10 MOBILIZATION 1.000 LS 72,500.00 72,500.00 15 TEMP FENCE 1.000 I_,S 6,500.00 6,500.00 20 SURVEY 1.000 I_,S 20,000.00 20,000.00 30 SWPPP (QSP SERVICES & MAINT'ANCE) 1.000 LS 70,000.00 70,000.00 32 EROSION CONTROL BLANKET 14,300.000 SF 0.90 12,870.00 34 CONTRUCTION ENTRANCE 1.000 EA 3,200.00 3,200.00 36 INLET PROTECTION (incl. removal) 34.000 EA 375.00 12,750.00 38 STRAW WADDLES (incl. removal) 3,500.000 LF 5.80 20,300.00 39 TEMP HYDROSEED 1.000 SF 9,000.00 9,000.00 40 DEMO 1.000 I_,S 18,500.00 18,500.00 50 CLEAR & GRUB 4.700 AC 1,800.00 8,460.00 60 ROUGH GRADE 1.000 LS 30,000.00 30,000.00 65 OFF HAUL MATERIAL IN EXCESS 2,000.000 CY 6.75 13,500.00 70 SS - 4" SDR 35 209.000 LF 32.00 6,688.00 80 SS - CLEAN OUT 3.000 EA 455.00 1,365.00 90 SS - MANHOLE 2.000 EA 12,000.00 24,000.00 100 SD - 6" SOLID PVC 32.000 LF 19.50 624.00 110 SD - CLEAN OUT 1.000 EA 430.00 430.00 120 SD - 8" SOLID PVC 542.000 LF 25.00 13,550.00 130 SD - 12" SOLID PVC 202.000 LF 42.00 8,484.00 140 SD - 15" SOLID PVC 145.000 LF 68.00 9,860.00 150 SD - CATCH BASIN 22.000 EA 1,800.00 39,600.00 160 RIP RAP OUTFALL 2.000 EA 1,750.00 3,500.00 170 POTABLE WATER METER & BACKFLOW (meter 1.000 EA 8,750.00 8,750.00 180 RECYCLED WATER METER & BACKFLOW (mete 1.000 EA 5,000.00 5,000.00 190 WATER - I" BLDG SERVICE 236.000 LF 51.00 12,036.00 200 ELECTRICAL 1.000 LS 121,600.00 121,600.00 220 FINE GRADE 223,610.000 SF 0.40 89,444.00 225 6" AB - CONC. FLATWORK 13,190.000 SF 2.15 28,358.50 230 VEHICULAR CONCRETE PAVEMENT 7,340.000 SF 12.50 91,750.00 240 PEDESTRIAN CONCRETE PAVEMENT 5,396.000 SF 11.50 62,054.00 250 COLORED CONCRETE PAVEMENT 400.000 SF 17.50 7,000.00 260 CONCRETE MOW BAND 1,690.000 LF 16.50 27,885.00 270 CONCRETE HEADER AT BASKETBALL CT 300.000 LF 21.50 6,450.00 280 CONCRETE CURB AT PLAY AREA 120.000 LF 29.00 3,480.00 290 CONCRETE RETAINING CURB 20.000 LF 70.00 1,400.00 300 CONCRETE DRIVEWAY 1.000 EA 1,375.00 1,375.00 310 CONCRETE SEAT WALL 70.000 LF 190.00 13,300.00 320 CONCRETE STAIRS 1.000 LS 2,525.00 2,525.00 322 HANDRAIL FOR STAIRS 1.000 LS 1,875.00 1,875.00 325 CONCRETE CURB RAMP 1.000 LS 975.00 975.00 330 CONCRETE PARK SIGN ENTRY 1.000 LS 27,000.00 27,000.00 340 REMOVABLE BOLLARDS 6.000 EA 1,200.00 7,200.00 350 VOLLEYBALL POSTS & NET - COMPLETE IN PL 1.000 LS 3,400.00 3,400.00 355 BASKETBALL COURT (2.5" AC / 12" AB) 5,640.000 SF 7.50 42,300.00 360 BASKETBALL HOOPS - COMPLETE IN PLACE 2.000 EA 4,445.00 8,890.00 362 BASKETBALL COURT STRIPING 1.000 I_,S 2,800.00 2,800.00 365 AC DRIVEWAY (3" AC / 8" AB) 350.000 SF 7.00 2,450.00 370 BIOSWALE 1,540.000 SF 10.50 16,170.00 380 6" PERF PIPE (incl. CO & overflow system) 455.000 LF 26.50 12,057.50 385 CRUSH GRAVEL PAVING (2" FINES /3.5" GRAVE 2,570.000 SF 4.20 10,794.00 390 RESIL RUBBER SURFACE (incl. 4" conc. / 4" AB) 5,200.000 SF 28.00 145,600.00 400 PLAYGROUND EQUIPMENT (MATERIALS ON H 1.000 LS 155,500.00 155,500.00 Jordan Ranch Neighborhood Park BID Biditem Description 1� t _Qmmli. y units . Unit Price .. . . . ................................................. Bid Total 410 PLAYGROUND EQUIPMENT (INSTALL) 1.000 Ls 25,800.00 25,800.00 420 SHADE STRUCTURE (INSTALL) 1.000 LS 8,000.00 8,000.00 430 RESTROOM BUILDING (COMPLETE IN-PLACE) 1.000 LS 151,000.00 151,000.00 435 QUARRY TILE FLOOR IN BLDG (CITY OPTION) 1.000 Ls 5,360.00 5,360.00 440 IRRIGATION 1.000 LS 241,000.00 241,000.00 445 RW HEADER BOARD 120.000 LF 22.50 2,700.00 450 PLANTING 1.000 LS 106,500.00 106,500.00 460 90 DAY MAINTENANCE 1.000 I'S 29,000.00 29,000.00 470 ACCESSIBLE PICNIC TABLE 2.000 EA 3,800.00 7,600.00 480 PICNIC TABLE 5.000 EA 3,850.00 19,250.00 490 SERVING TABLE 2.000 EA 2,650.00 5,300.00 500 BBQ 2.000 EA 1,400.00 2,800.00 510 BIKE RACK 4.000 EA 600.00 2,400.00 520 BENCH w/ BACK 1.000 EA 2,125.00 2,125.00 530 BENCH w/o BACK 6.000 EA 2,025.00 12,150.00 540 TRASH/RECYCLING RECEPTACLES 4.000 EA 3,950.00 15,800.00 550 DOG WASTE DISPENSER 1.000 EA 600.00 600.00 Bid Total ___ .__ :::> $1,962,485.00 I Q Z lW^ V J Q CL CL LU U Z I O �le � O 6 2 U a(5 a g w¢ u m o u 3 a m r S U O U E o .. u O O O O O z m a�ooaoo oa00000ao z a; a i O�i 10-p�1 '� 1 oz �le Q 2 U U= a o� z a O m z Q J IL LU J n LU U z O U 0 LU ry LU LL- LU CL Z Uf 0 J Q U Z CD 0 0 N N C, €8 W co W U F L J b c g u C u n "d .Z s ce a