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HomeMy WebLinkAbout4.3 - 2666 Notice of City Engineer's Pending Decision Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: July 16, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Notice of City Engineer's Pending Decision on Improvement Agreement Amendment for Tract 8169 Neighborhood 8 at Wallis Ranch (Fielding) Prepared by: James Paluck, Senior Civil Engineer EXECUTIVE SUMMARY: The City Council will receive a notification of the City Engineer's pending approval of the Improvement Agreement Amendment for Tract 8169 Neighborhood 8 at Wallis Ranch (Fielding). STAFF RECOMMENDATION: Receive the notification. FINANCIAL IMPACT: There is no impact on the General Fund. DESCRIPTION: TH WR-8 Venture LLC, a Delaware limited liability company (Trumark Homes) and the City previously entered into a Tract Improvement Agreement for Tract 8169 Neighborhood 8 at Wallis Ranch (Fielding), dated January 19, 2016. Trumark Homes signed a First Amendment to the Tract Improvement Agreement extending the completion time to December 13, 2019. Staff has reviewed the request for an extension submitted by Trumark Homes and recommends that the City Engineer approve the First Amendment to the Tract Improvement Agreement. In accordance with Chapters 9.24.070.B and 9.24.080 of the City of Dublin Munic ipal Code, this is notice of the City Engineer's pending approval of the following: Tract Location Developer Type Amendment 8169 Carneros Ln, Stags Leap Ln, and Windsor Wy TH WR-8 Venture LLC Amendment No. 1 Extension of Time Period Page 2 of 2 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. First Amendment to Tract Improvement Agreement for Tract 8169 2. Tract Improvement Agreement for Tract 8169 FIRST AMENDMENT TO CITY OF DUDLIN TRACT IMPROVEMENT AGREEMENT (TRACT 8169) This First Amendment is made and entered into this day of _ 20-19, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY," and TH WR-8 Venture LLC a Delaware limited liability come an , hereinafter referred to as "DEVELOPER." RECITALS 1. CITY .and DEVELOPER are parties to that certain Tract Improvement Agreement, Tract 8169 for Neighborhood 8 at Wallis Ranch (Fielding), dated January 19, 2016 ("the Agreement"). 2. The Agreement requires DEVELOPER to complete certain Improvements as defined in the Agreement prior to January 19, 2018. 3. DEVELOPER has requested that it be given additional time to commence and complete the construction of the Improvements, and CITY is willing to grant the request. AMENDMENT NOW, THEREFORE, in consideration of the mutual promises, conditions, and covenants herein contained, the parties agree as follows: Section 1. Section 1 of the Agreement is amended to read as follows: 141. Completion Time. Time is of the essence in this Agreement. DEVELOPER shall complete the Improvements no later than December 13, 2019. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final Record Drawings of the Improvements, including any modifications made during construction." Section 2. All requisite insurance policies to be maintained by the DEVELOPER pursuant to the Agreement, as may have been amended from time. to time, shall include coverage for the amended term, as described above. Section 3. The individuals executing this First Amendment and the instruments referenced in it on behalf of DEVELOPER each represent and warrant that they have the legal power, right and actual authority to bind DEVELOPER to the terms and conditions of this First Amendment. —1— Section 4. All other provisions of the Agreement shall remain in effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Laurie L. Sucgang, City Engineer 2937142.1 201800071s —2— TH WR-8 VENTURE LLC, a Delaware limited liability company BY: TH WR-8 INVESTORS LLC, a Delaware limited liability company its Managing Member By: -- (print name) Authorized Representative CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 8169 This agreement is made and entered into this 19th day of January, 2016, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and TH WR-8 Venture LLC, hereinafter referred to as "DEVELOPER". RECITALS WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of California, that DEVELOPER, the subdivider of Tract No. 8169, desires to improve those improvements (hereafter"The Improvements") required by City of Dublin City Council Resolution No. 68-14 adopted on May 20, 2014 for Tract 8169 in accordance with the requirements and conditions set forth in said resolution, the requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY, and those certain plans for said development entitled: Rough Grading Plans— Tract 8169—Neighborhood 8 at Wallis Ranch, prepared by MacKay & Somps and signed by the City Engineer Improvement Plans— Tract 8169— Neighborhood 8 at Wallis Ranch, prepared by MacKay & Somps, and signed by the City Engineer Joint Trench & Private Street Lighting Plans— Tract 8169— Neighborhood 8 at Wallis Ranch, prepared by Giacalone Design, Inc., and signed by the City Engineer Landscape Plans— Tract 8169—Neighborhood 8 at Wallis Ranch, prepared by Gates & Associates, and signed by the City Engineer and now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement; and WHEREAS, CITY has determined that the portion of The Improvements that will be accepted by the City as Public improvements are a public works subject to California prevailing wage requirements: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion Time. DEVELOPER shall complete said work not later than two years following said date of execution. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final Record Drawings of The Improvements, including any modifications made during construction. 2. Estimated Cost of Improvements. 1 The estimated cost of constructing The Improvements required by this agreement are presented in the Bond Estimate, Wallis Ranch—Neighborhood 8 Improvement Plans, dated 9/2/15, prepared by MacKay & Somps: Neighborhood 8 -Tract 8169 - Improvements 1,727,237.00 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Said amount reflects that the Tract 8169 Improvements are currently 0% complete (bond is for 100% of the full amount). The bond estimate is attached as Exhibit A to this agreement. Bonds Furnished. Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in a form satisfactory to the CITY Attorney: 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 per cent(100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed (collectively, the "Faithful Performance Bond"). 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 per cent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefore (collectively, the "Labor and Materials Bond"). CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision Map Act. 3. Insurance Required. Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph Prior to the commencement of work under this Agreement, DEVELOPER's general contractor (if different than Developer) shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 2 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. DEVELOPER 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. 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. DEVELOPER hereby declares that the insurance required under Paragraph 3(B)(1) contains (i) a $1,000,000 per occurrence self- insured retention for Bodily Injury and Property Damage Liability, (ii) a $2,000,000 per occurrence self-insured retention for third party action over actions and (iii) a $7,500,000 per occurrence self-insured retention for Home Builder's Limited Warranty Coverage, Construction Damage Liability Coverage and Fungi and Related Medical Payments ("GL SIR's"). The CITY hereby approves the GL SIR's. 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 as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; products and completed operations of the DEVELOPER; premises owned, occupied or used by the DEVELOPER; or automobiles owned, leased, hired or borrowed by the DEVELOPER. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b) The DEVELOPER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. 3 c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d) The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY. 3) All Coverages. 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. Notwithstanding the foregoing, if an endorsement that would provide for thirty (30) days' prior written notice prior to one or more of the above actions is not commercially available, DEVELOPER shall be excused from providing an endorsement covering said action or actions, provided that in such circumstances, DEVELOPER shall give written notice to the CITY as soon as is practicable if DEVELOPER learns that its coverage has been suspended, voided, cancelled by either party or reduced in coverage or in limits. a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. b) Verification of Coverage. DEVELOPER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to certify 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 provided; however, that if the policies are not yet available, the City will accept copies of the applicable binders. c) Subcontractors. DEVELOPER and/or DEVELOPER's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and 4 devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period for the defected items shall automatically be extended for an additional year from the date of the completion of the repair to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, 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. 5. Inspection of the Work. DEVELOPER shall guarantee free access to CITY through its City Engineer and 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 DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications. 6. Agreement Assignment. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY. 7. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement. If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's 5 creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER, and DEVELOPER shall have fifteen (15) days after receipt of such written notice to cure such default; provided that, if such cure cannot be reasonably effected within such fifteen (15) day period, such failure shall not be a default hereunder so long as DEVELOPER commences to cure such default in such fifteen (15) day period, and thereafter diligently prosecutes such cure to completion. In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER as may be on the site of the work and necessary therefore. 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 Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to DEVELOPER shall be addressed as follows: TH WR-8 Venture LLC 4185 Blackhawk Plaza Circle Suite 200 Danville, CA 94506 Attn. Heide Chapman Phone: (925) 309-2514 Email: hchapman @trumark-co.com Notices required to be given surety of DEVELOPER shall be addressed as follows: 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. 6 8. 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 work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the tract 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. 9. 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 tract site as may be necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly. 10. Acceptance of Work. Upon notice of the completion of The Improvements and the delivery of a set of final as-built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine The Improvements without delay, and, if found to be in accordance with said plans and specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the estimated cost of The Improvements that are within the Public right-of-way or Public easements, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. The City will not accept the Private Improvements and a warranty bond will not be needed for these Improvements; provided however, the CITY shall examine the Private Improvements as set forth above and shall notify DEVELOPER or his designated agents of their completion and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. 11. 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. 12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 7 13. Liability. A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows: 1) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof. 2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the 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. 3) 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 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. 4) Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under paragraph 3. 14. Recitals. The foregoing Recitals are true and correct and are made a part hereof. 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF / By: y Manager ATTEST: diA4 ia a City Clerk DEVELOPER TH WR-8 Venture LLC a Delaware limited liability company BY: TH WR-8 Investors LLC, a Delaware limited liability company its Managing Memb- BY: / G:IDEVELOPMENT,PRIVATE1Wallis-N8-Tr 8169-Trumark\Agreements\TIA-Trumark-Tr 8169.doc 9 19604-080 Revised 09/02/2015 BOND ESTIMATE WALLIS RANCH-NEIGHBORHOOD 8 IMPROVEMENT PLANS City of Dublin ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT A. STREETWORK 1. 57,627 SF Finish grading street 0.40 $ 23,050 2. 41,614 SF Finish grading alley 0.40 $ 16,650 3. 41,355 SF Pavement Section (3"AC/12"AB)street 3.50 $ 144,740 4. 32,386 SF 100mm pavers over 1"-1.5"sand over 12"AB 8.00 $ 259,090 5. 6,965 SF 6" Flush concrete band (in motor court)over 12"AB 7.50 $ 52,240 6. 16,272 SF 4"AB under curb,gutter,sidewalk,driveway-street 0.72 $ 11,720 7. 4,422 SF 4"AB curb and gutter-alley 0.72 $ 3,180 8. LUMP SUM Signing&Striping 10,000.00 $ 10,000 9. 3,055 LF 4" PVC Gutter sub drain 9.50 $ 29,020 10.4 EA Standard City of Dublin street monuments 300.00 $ 1,200 ESTIMATED TOTAL STREET WORK: 550,890 B. CONCRETE WORK 1. 2,600 LF Rolled curb&Gutter 20.00 $ 52,000 2. 1,230 LF Standard Curb and Gutter 15.00 $ 18,450 3. 1,274 LF Spill curb and gutter 15.00 $ 19,110 4. 12,694 SF 4"Concrete Sidewalk 15.00 $ 190,410 5.8 EA Curb Inlet(street) 4,200.00 $ 33,600 6. 20 EA Curb inlet(alley)5,000.00 $ 100,000 7.7 EA Connect to existing 1,500.00 $ 10,500 ESTIMATED TOTAL CONCRETE WORK: 424,070 C. STORM DRAIN WORK 1. 1,173 LF 18" HDPE Storm drain pipe 45.00 $ 52,790 2. 675 LF 15" HDPE Storm drain pipe 40.00 $ 27,000 3. 1,969 LF 6" HDPE Storm drain pipe 25.00 $ 49,230 ESTIMATED TOTAL STORM DRAIN WORK: 129,020 D. ELECTRICAL/JOINT TRENCH 1. 9 EA Single arm"Decorative"electrolier including conduit&boxes 3,500.00 $ 31,500 3. 3,100 LF Joint Trench (length of improvements) 60.00 $ 186,000 ESTIMATED TOTAL ELECTRICAL WORK: 217,500 E. GRADING 1. 139 EA Finish lot grading 400.00 $ 55,600 19604 Neighborhood 8 Bond est-Dublin-.xls Page 1 of 3 19604-080 Revised 09/02/2015 2. 1 LUMP Erosion control 20,000.00 $ 20,000 ESTIMATED TOTAL GRADING WORK:75,600 F. MISCELLANEOUS CONSTRUCTION 1. 1,390 LF 6"irrigation sleeves 12.00 $16,680 2. 1 LUMP Landscaping/Irrigation 50,000.00 $50,000 ESTIMATED TOTAL MISC.CONSTRUCTION: 66,680 19604-Neighborhood 8 Bond est-Dublin-.xis Page 2 of 3 19604-080 Revised 09/02/2015 SUMMARY A STREETWORK 550,890 B CONCRETE WORK 424,070 C STORM DRAIN WORK 129,020 D ELECTRICAUJOINT TRENCH 217,500 E GRADING 75,600 F MISCELLANEOUS CONSTRUCTION 66,680 ESTIMATED IMPROVEMENT COST: 1,463,760 CONTINGENCY(10%) 146,376 ENGINEERING FEE(8%) 117,101 TOTAL BOND ESTIMATE:1,727,237 NOTES 1.This estimate is prepared as a 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 judgment, is sufficient to satisfy our understanding of the purposes of this estimate. MacKay&Somps makes no warranty, either expressed or implied, as to the accuracy of this estimate. Prepared by the firm of MACKAY&SOMPS 19604 Neighborhood 8 Bond est-Dublin-.xis Page 3 of 3 A W° DATE MMlDD/YYl'Y) CERTIFICATE OF LIABILITY INSURANCE 11/30/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Cheryl Beeson BB&T-Tanner Insurance Services A//CC.N .Exn:925-463-9672 FAX No): 4480 Willow Road E-MAIL Pleasanton CA 94588 ADDRESS:bwalters5bbandt.com INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Gemini Insurance Company 42374 INSURED 307THWR8 INSURER B:Houston Casualty Company 13604 TH WR 8 Venture LLC INSURER C:Navigators Insurance Company 42307 c/o Trumark Companies, LLC INSURER D: See DOO for complete Named Insured Listing 4185 Blackhawk Plaza Circle#200 INSURER E: Danville CA 94506 INSURER F: COVERAGES CERTIFICATE NUMBER:1875150207 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY Y Y VCGP022044 11/13/2015 11/13/2019 EACH OCCURRENCE 2,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $Excluded CLAIMS-MADE X I OCCUR MED EXP(Any one person) $Excluded X Ded.25,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRR-F LOC CCOMBINED SINGLE LIMI AUTOMOBILE LIABILITY Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE Per accident) B UMBRELLA LIAB OCCUR H15XC5053300 11/13/2015 11/13/2019 EACH OCCURRENCE 8,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE 8,000,000 DED RETENTION$ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C 2nd Layer Excess LA15EXC859700IC 11/13/2015 11/13/2019 Ea.OCC/Aggregate $10,000,000 B 3rd Layer Excess 1000015356 11/13/2015 11/13/2019 Ea.OCC/Aggregate $15,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: 6582 Tassajara Road—West Side of Tassajara Road at Silvera Ranch Drive, Dublin, CA 94588 Named Insured Includes: TH WR-8 Venture, LLC; TH WR-8 Investors, LLC; Trumark Homes, LLC; Trumark Construction Services, Inc.; Trumark Companies, LLC; GTIS Wallis Ranch Aggregator, LLC; GTIS US Residential Strategies Fund II, LP; GTIS Partners, LP See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Dublin ACCORDANCE WITH THE POLICY PROVISIONS. 100 Civic Plaza Dublin CA 94568 AUTHORIZED REPRESENTATIVE 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 307THWR8 LOC#: ACCPRIft A ADDITIONAL REMARKS SCHEDULE Page 1 of 1 GENCY NAMED INSURED BB&T-Tanner Insurance Services TH WR 8 Venture LLC do Trumark Companies, LLC POLICY NUMBER See DOO for complete Named Insured Listing 4185 Blackhawk Plaza Circle#200 CARRIER NAIC CODE Danville CA 94506 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE 1st Layer Excess: $8 Million in excess of$2 Million 2nd Layer Excess: $10 Million in excess of$10 Million 3rd Layer Excess: $15 Million in excess of$20 Million Total=$35 Million Certificate Holder is included as Additional Insured to the General Liability policy afforded, as required by written contract, per the attached Endorsement form CG20120413.Waiver of Subrogation applies to General Liability policy per endorsement form CG24040509 and this insurance is Primary and Non-Contributory per attached VE05410113 The attached forms apply as required per written contract or agreement between the listed parties and the insured,which are subject to the policy provisions. In the absence of such written contract or written agreement the attached forms may not be applicable. RE: Site Work-N8 Certificate of Insurance ACORD 101 (2008/01) 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy: VCGP022044 CG 20 12 04 13 Insured Name:TH WR-8 Venture,LLC Number: 23 Effective Date: 11/13/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Any person or organization when you and such person or organization have agreed in writing in a contract,prior to an occurrence that causes "bodily injury", "property damage" or "personal and advertising injury", that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule,subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or"personal and advertising injury"arising out of operations performed for the federal government,state or municipality;or b. "Bodily injury"or"property damage" included within the "products-completed operations hazard". B. With respect to the insurance afforded to these additional insureds,the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 12 04 13 1 of 1 Policy:VCGP022044 CG 20 10 04 13 Insured Name: TH WR-8 Venture, LLC Number: 26 Effective Date: 11/13/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization when you and such All locations for which you and the additional person or organization have agreed in writing in a insured have agreed in writing in a contract prior contract,prior to an occurrence that causes "bodily to an occurrence that causes "bodily injury", injury", "property damage" or "personal and property damage" or "personal and advertising advertising injury", that such person or organization injury". be added as an additional insured on your policy. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work, including materials,parts or equipment furnished in connection with such work,on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or CG 20 10 04 13 1 of 2 Policy Number: CG 24 04 05 09 Insured Name: TH WR-8 Venture, LLC Number: Effective Date: 12/01/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract,prior to an occurrence that causes"bodily injury","property damage"or"personal and advertising injury",that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV— Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Page 1 of 1 Policy:VE 0541 01 13 Insured Name: TH WR-8 Venture,LLC Number:Effective Date: 12/01/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE - NONCONTRIBUTORY This endorsement modifies insurance provided under the following: SECTION IV—COMMERCIAL GENERAL LIABLITY CONDITIONS,4. Other Insurance paragraph a.Primary Insurance is deleted and replaced by the following: a. Primary Insurance This insurance is primary except when b.below applies. If this insurance is primary,our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c.below. However, with respect to Named Insureds only, and except when b. below applies, we will not seek contribution from any other Commercial General Liability insurance available to you where you are also a Named Insured. All other terms and conditions of this Policy remain unchanged. VE 0541 01 13 1 of 1 r- .r DATE(MMIDD/YYYY) AO O CERTIFICATE OF LIABILITY INSURANCE 11!30/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONT PRODUCER NAMEACT Tiffany Purcell BB&T-Tanner Insurance Services a//c°,NN.Exu:925-598-2675 FAX No:888-770-1945 4480 Willow Road AI E-MAIL SS:tmpurcell(c bbandt.comPleasantonCA94588 INSURER(S)AFFORDING COVERAGE NAIL# i INSURER A:Hanover Insurance Company 22292 I INSURED INSURER B: 1 Trumark Companies, LLC INSURER C: Adam Browne INSURER D: 4185 Blackhawk Plaza Circle#200 INSURER E Danville CA 94506 INSURER F: COVERAGES CERTIFICATE NUMBER:1081011839 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY) (MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ RO-7 POLICY JECT LOC A AUTOMOBILE LIABILITY AWFA63794000 5/20/2015 5/20/2016 (s CO aBINEDit)ac ) LIMI I $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY X HIRED AUTOS X AUTOS Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE DED RETENTION$ WORKERS COMPENSATION WC STATU- 'OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER i ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: N8 Certificate of Insurance l Named Insured Includes: Trumark Companies, LLC, Trumark Homes, LLC,Trumark Urban, LLC, Trumark Construction Services, Inc., and Trumark Commercial, LLC The CITY, its officers, agents, officials,employees and volunteers is named as an Additional Insured with respects to Auto Liability per the attached endorsement form 461-0478 12 12. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Dublin ACCORDANCE WITH THE POLICY PROVISIONS. 100 Civic Plaza Dublin CA 94568 AUTHORIZED REPRESENTATIVE 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD I 0 r„• Hanover Insurance croup_ AWFA637940 5701076 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART A. The following is added to SECTION II - Primary and Non-Contributory LIABILITY COVERAGE, Paragraph A.1. Who Is If you agree in a written contract, written An Insured: agreement or written permit that the insurance Additional Insured if Required by Contract provided to a person or organization who If you agree in a written contract, written qualifies as an additional "insured” under agreement or written permit that a person or SECTION II - LIABILITY COVERAGE, Paragraph organization be added as an additional A.1. Who Is An Insured, subparagraph insured" under this Coverage Part, such Additional Insured if Required by Contract is person or organization is an "insured"; but only primary and non-contributory, the following to the extent that such person or organization applies: qualifies as an "insured" under paragraph A.1.c. The liability coverage provided by this Coverage of this Section. Part is primary to any other insurance available If you agree in a written contract, written to the additional "insured" as a Named Insured. agreement or written permit that a person or We will not seek contribution from any other organization be added as an additional insurance available to the additional "insured" insured" under this Coverage Part, the most except: we will pay on behalf of such additional 1) For the sole negligence of the additional insured" is the lesser of: insured"; or 1) The Limits of Insurance for liability coverage 2) For negligence arising out of the ownership, specified in the written contract, written maintenance or use of any "auto" not owned agreement or written permit; or by the additional "insured" or by you, unless 2) The Limits of Insurance for Liability that "auto" is a "trailer" connected to an Coverage shown in the Declarations auto" owned by the additional "insured" or applicable to this Coverage Part. by you; or Such amount shall be part of and not in addition 3) When the additional "insured" is also an to the Limits of Insurance shown in the additional "insured" under another liability Declarations applicable to this Coverage Part. policy. Regardless of the number of covered "autos", C. This endorsement will apply only if the insureds", premiums paid, claims made or accident" occurs: vehicles involved in the "accident", the most we 1. During the policy period;will pay for the total of all damages and covered pollution cost or expense" combined 2. Subsequent to the execution of the written resulting from any one "accident" is the Limit of contract or written agreement or the Insurance for Liability Coverage shown in the issuance of the written permit; and Declarations. 3. Prior to the expiration of the period of time B. The following is added to SECTION IV - that the written contract, written agreement BUSINESS AUTO CONDITIONS, Paragraph B. or written permit requires such insurance to General Conditions, subparagraph 5. Other be provided to the additional "insured". Insurance: D. Coverage provided to an additional "insured" will not be broader than coverage provided to any other"insured" under this Coverage Part. ALL OTHER TERMS,CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 461-6478 12 12 Includes copyrighted material of ISO Insurance Services Office, Inc.,with its permission Page 1 of 1