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CITY OF FAIRFIELD
SUBDIVISION IMPROVEMENT AGREEMENT
Canon Station Planning Area 5 – Neighborhood J & K-2
ONE LAKE HOLDING, LLC
THIS AGREEMENT (“ Agreement”), for purposes of identification, dated___________ , 2024 is made and entered into by and between the CITY OF FAIRFIELD, a California municipal corporation, hereinafter referred to as "City," and ONE LAKE HOLDING, LLC, a Delaware Limited Liability Company, hereinafter referred to as "Subdivider." City and Subdivider may be collectively referred to as the “Parties” or individually as a “Party.”
R E C I T A L S:
A. Subdivider has presented to City a certain parcel map or final subdivision map of a proposed subdivision of land located within the corporate limits of City, said map having been prepared in accordance with the Subdivision Map Act of the State of California, the Subdivision Regulations of the City of Fairfield (Chapter 25, Fairfield City Code), and the tentative map of the subdivision heretofore approved by the City Council of the City per adoption of Resolution No. PC2021-22.
B. The proposed development of land is commonly known and described as Canon Station Planning Area 5 – Neighborhood J & K-2 . Said subdivision is hereinafter referred to as "the subdivision." C. The map of the subdivision was filed with the City Clerk for presentation to the City Council of the City for its approval, which map is referred to and incorporated herein.
D. Pursuant to Section 66462 of the Subdivision Map Act, the Subdivider has requested approval of the map prior to the construction and completion of certain public improvements within the subdivision, including, but not limited to, detention basin and access road, streets , public ways, public utility facilities, and design standards which are part of the provisions for lot grading and drainage in or appurtenant to the subdivision, that are required by the Subdivision Map Act, the Subdivision Regulations of the City, the tentative map (and approvals given in connection therewith), and final grading plan, if any, heretofore approved by the City Council of the City. -2-
Said improvements are hereinafter referred to as the “R equired Improvements."
E. City Council, by the adoption of Resolution No. 202 4-________, incorporated herein by reference, has approved the map of the subdivision and accepted all offers of dedication made in connection therewith (except as otherwise provided in said resolution), on condition that Subdivider first enter into and execute this subdivision improvement agreement with City and meet the requirements of said Resolution.
A G R E E M E N T S:
The Parties hereto agree as follows:
1. Performance of Work: Subdivider agrees to furnish, construct, and install at their own expense all Required Improvements as shown on the plans and specifications of said subdivision, a copy of which is on file in the Office of the City Engineer and is incorporated herein by reference, along with any changes and modifications as may be required by the City Engineer due to errors of omission on the plans.
2. W ork; Satisfaction of the City Engineer: All of the work on the Required Improvements is to be done at the places, of the materials, and in the manner and at the grades, all as shown upon the plans and specifications accepted for construction, as signed by the City Engineer, the City's Standard Specifications and Details (adopted per City Resolution No. 2014- 93), and to the satisfaction of the City Engineer. No occupancy will be allowed for any building which fronts on the Required Improvements required by this Agreement until those improvements, including streetlight energization, are constructed and determined operational by the City Engineer.
No building permits will be issued until the following conditions are satisfied:
a. The water system shall be constructed, have passed bacteriological and pressure testing, final rock grade shall be attained, and fire hydrants brought to grade.
b. Curb and gutter shall be constructed along the frontage of the lots for which building permits are being requested.
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c. T he sewer infrastructure proposed as part of the Required Improvements shall be connected and discharge to public sewer infrastructure within Vanden Road. Construction improvements connecting the sewer main in Vanden Road to sewer infrastructure owned by the Fairfield-Suisun Sewer District shall be completed and operational as shown on the civil engineering plans entitled, “ One Lake Vanden Road Utility Extension (DWR EP 1877 Amendment) ” as authorized for construction by City Council per adoption of Resolution No. 2023-121.
d. Subdivider has completed construction of the water quality basin and all-weather basin access road within future Neighborhood A&B per the Required Improvements.
e. Subdivider has completed the culvert and storm drainage improvements proposed on the City’s Northbay Regional Water Treatment Plant property as designed on the civil engineering plans entitled “City of Fairfield (APN 166 -060-120) Culvert Pipe Crossing DWR (DWR EP 2034) ,” located downstream of the w ater quality basin.
f. An all-weather access road to the building area within the right -of- way, as approved by the Fire Marshal, shall be constructed consisting of a minimum six inches of aggregate base rock. g. See Section 22 , “Additional Terms and Conditions”, for additional building permit restrictions, if any.
3. Work; Time for Commencement and Performance: City fixes the time for the construction commencement of the work to be within fifteen (15) days following approval of this Agreement, and for its completion to be within 365 calendar days thereafter, based on the construction schedule to be provided by Subdivider upon execution of this Agreement . At least fifteen (15) calendar days prior to the commencement of work hereunder, Subdivider shall notify the City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that the City Engineer shall be able to provide services of inspection, and a pre- construction meeting shall be held between the Parties.
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4. Time of Essence; Extension: Time is of the essence of this Agreement, but the dates for commencement and completion of the construction work may be extended as herein provided pursuant to Sections 5 and 7 of this Agreement. The City Engineer shall be the sole and final judge as to whether good cause has been shown to entitle Subdivider to an extension.
5. R equest for Extension; Granting: Requests for extension of commencement and completion date shall be submitted in writing, by the Subdivider and shall be delivered to City in the manner hereinafter specified pursuant to Section 18 of this Agreement . Any extensions granted by the City shall be granted in writing and an oral extension shall not be valid for any purpose whatsoever.
6. Extension; No Release of Obligations: In the event it is deemed necessary by the City to extend the time of commencement or completion of the work to be done under this Agreement beyond the dates specified herein, such extension as shall be granted shall in no way release any guarantee give n by Subdivider pursuant to this Agreement, or to relieve or release those providing improvement security pursuant to this Agreement. The sureties in executing the bonds shall be deemed to have expressly agreed to any such extension of time.
7. E
xtension; Conditions: The granting of any extension may be conditioned upon Subdivider providing City with new or amended surety bonds in amounts increased to reflect increases in the costs of constructing the Required Improvements that have occurred prior to the granting of the extension or are likely to occur prior to the completion of work.
8. I mprovement Security : Concurrently with the execution hereof, Subdivider shall furnish City:
a. I mprovement security in the sum of $ 3,041,068.00, which sum is equal to one hundred ten percent (110%) of the estimated cost of constructing the R equired Improvements and the cost of any other obligation to be performed by Subdivider hereunder, securing the faithful performance of this Agreement, as further detailed on Exhibit 2 of this Agreement.
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b. Separate improvement security in the sum of $ 1,520,534.00, which sum is equal to fifty -five percent (55%) of the estimated cost of constructing the Required Improvements, securing payment to the contractor, their subcontractor, and to persons furnishing labor, materials, or equipment to them for the construction of the Required Improvements, as further detailed on Exhibit 2 of this Agreement.
The form of the improvement security shall be subject to the approval of the City Attorney. Improvement security shall be reduced or released by City only in the manner pursuant to Section 25.166.6 of the City Code. No change, alteration, or addition to the terms of this Agreement or the plans and specifications accompanying the same shall in any manner affect the obligation of those providing improvement security pursuant to this Agreement.
9. Engineering and Inspection Fee:
a. Subdivider shall pay to the City an engineering plan check fee of
1.35% of the total cost of subdivision improvements, as estimated by the City Engineer, less the initial plan check fee of one percent (1%) of the total cost paid upon first submittal of improvement plans , rounded to the nearest whole number. The total amount of this fee still due is:
(1.35% x $2,764,607.00) - $18,942.75 = $18,379.44.
b. Subdivider shall pay to the City an engineering and inspection fee of five and a half percent (5.5%) of the total cost of the Required Improvements, rounded to the nearest whole number, as estimated by the City Engineer being:
5.5% x $2,764,607.00 = $152,053.39.
It is understood that such fee covers only those inspections and engineering work performed by the City during the normal working hours of the City.
c. Subdivider shall pay to the City a fee for the City’s cost to print mylar copies of the recorded Final Map at $15 per sheet, as estimated by the City Engineer being:
12 map sheets x $15 = $180.00.
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d. Subdivider shall pay to the City an engineering plan check fee for plan checks provided by the Fairfield-Suisun Sewer District. The total amount of the fee still due is $458.00, as follows:
Residential Subdivision – Flat Rate = $458.00
10. Hold Harmless Agreement: The Subdivider will indemnify, hold harmless, and defend the City of Fairfield, its officers, employees, agents, and elective and appointive boards from all claims, losses, damages (including property damage, personal injury, and death), and liabilities of every kind, directly or indirectly arising from the operations of Subdivider, its contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for Subdivider, its contractor or subcontractor, but not including the sole negligence or willful misconduct of the City of Fairfield. This indemnification shall extend to claims, losses, damages, or liabilities occurring after completion of the Required Improvements as well as during the work's progress. This indemnification, however, shall not apply to any claims, losses, damages, or liabilities occurring after the completion of the Required Improvements by the Subdivider and their acceptance by the City which are not related directly or indirectly to the Subdivider’s operations under this Agreement and the construction of the Required Improvements.
Acceptance of insurance certificates required under this agreement does not relieve Contractor from liability under this indemnity and hold harmless clause. This indemnity and hold harmless clause shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of Subdivider 's, contractor’s or any subcontractor's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
11. Subdivider's Insurance: Subdivider shall not commence work under this Agreement or permit their subcontractor to commence work thereunder until Subdivider shall have obtained or caused to be obtained all insurance required under this paragraph and such insurance shall have been approved by the City Engineer of City as to form, amount, and carrier.
Subdivider shall not allow any contractor or subcontractor to commence work on this contract until all insurance required of the subcontractor shall -7-
have been so obtained and approved. Said insurance shall be maintained in force and effect until the completion of work under this Agreement and the 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. WORKER'S COMPENSATION INSURANCE: Subdivider shall
obtain and maintain (or cause to be obtained and maintained) workers' compensation insurance for all Subdivi der's employees employed at the site of improvement, and in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide workers' compensation insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider . In case any class of employees engaged in work under this Agreement at the site of the project is not protected under any workers' compensation law, Subdivider shall provide, an d shall cause each contractor and subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Subdivider hereby agrees to indemnify City for any damage resulting to it from failure of either Subdivider or any contractor or subcontractors to take out or maintain such insurance. Subdivider shall provide the Director of Pu blic Works with a certificate of insurance indicating workers' compensation coverage prior to engaging in any activity required by this Agreement.
b. LIABILITY INSURANCE: Subdivider, at their sole expense, shall obtain and maintain (or cause to be obtained and maintained) an insurance policy or policies, issued by an admitted insurer or insurers as defined by the California Insurance Code, providing the City, its officers, employees, and agents, named as additional insureds under the policy, broad form property damage, personal injury, automobile, employers', and comprehensive form liability insurance in the amount of not less than $3 million per occurr ence. By the terms of said insurance policy or policies, such insurance shall be deemed primary insurance, and no other insurance affected by the City or -8-
other named insureds will be called upon to cover a loss covered thereunder.
In the event that any of the aforesaid insurance policies provided for in this paragraph 11 insures any entity, persons, boards, or commissions other than those mentioned in this paragraph, such policy shall contain a standard form of cross-liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents, and employees, Contractor and any subcontractor performing work covered by this Agreement.
12. Evidence of Insurance: Subdivider shall furnish the City Engineer concurrently with the execution hereof:
a. A certificate of insurance providing that no cancellation, major change in coverage, expiration or renewal shall be made during the term of this agreement, without thirty (30) days written notice to the Director of Public Works prior to the effective date of such cancellation, change in coverage, expiration or non-renewal; b. A City standard endorsement form for insurance coverage (attached hereto) naming the City of Fairfield, its officers, employees, agents and volunteers as additional insureds.
13. Title to Improvements: Title to and ownership of all public improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such improvements by City. All common private improvements constructed hereunder by Subdivider , if any, shall vest absolutely in the Homeowner Association ( “HOA”) upon completion and acceptance of such improvements by the HOA.
14. R epair or Reconstruction of Defective Work : If, within a period of one year after final acceptance of the public improvement work performed under this Agreement, any public improvement or part of any public improvement furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail -9-
to act promptly or in accordance with this requirement, or should the exigencies of the case require immediate repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City.
All common private improvements that will be maintained by the HOA are covered under this Agreement. The Subdivider shall submit performance and labor and material bonds for the common private improvements. At the time these improvements are completed to the satisfaction of the City Engineer, a warranty bond shall be submitted to release the original bonds.
15. Subdivider Not Agent of City: Neither Subdivider nor any of Subdivider 's agents or subcontractors are or shall be considered to be agents of City in connection with the performance of Subdivider 's obligations under this Agreement.
16. N
otice of Breach and Default : If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider 's creditors, or if a receiver should be appointed in the event of Subdivider 's insolvency, or if Subdivider or any of Subdivider 's contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement, City Engineer may serve written notice upon Subdivider and Subdivider 's surety of breach of this Agreement, or of any portion thereof, and default of Subdivider.
17. B
reach of Agreement; Performance by Surety or City: In the event of any such notice, Subdivider 's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that if the surety within fifteen (15) days after the serving of such notice of breach upon it does not give City written notice of it s intention to take over the performance of the contract, and does not commence performance thereof within fifteen (15) days after notice to City of such -10-
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 Subdivider, and Subdivider 's surety shall be liable to City for any excess cost of damages occasioned 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 Subdivider as may be on the site of the work and necessary therefor.
18. 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 Engineer
Fairfield City Hall
1000 Webster Street, Suite #300
Fairfield, California 94533
Notices required to be given to Subdivider shall be addressed as follows:
ONE LAKE HOLDING LLC
2121 N. CALIFORNIA BLVD, STE #1010
WALNUT CREEK, CA 94596
(To be completed by Subdivider)
Notices to be given surety of Subdivider shall be addressed as follows:
ONE LAKE HOLDING LLC,
2121 N. CALIFORNIA BLVD, STE #1010
WALNUT CREEK, CA 94596
(To be completed by surety of Subdivider)
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.
19. Severability: If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected.
20. G overning Law: This Agreement shall be construed in accordance with and governed by the laws of the State of California. In the event that suit shall be -11-
brought by either Party to this Agreement, the Parties agree that the venue shall be exclusively vested in Solano County Superior Court or the United States District Court for the Eastern District of California.
21. Public Improvement Oversizing: Public improvement oversizing and/or reimbursement as defined in City Code Chapter 6B, Chapter 10, Article IV, Sections 10.56 through 10.65; and Chapter 25, Article III, Section 25.166.79 through 25.166.81 is not applicable.
22. Additional Terms and Conditions: This Agreement is subject to the following additional terms and conditions:
a. Approval of this improvement agreement shall not obligate the City to subsequently accept improvements which do not strictly conform to the plans referenced by this agreement. All costs associated with modifications resulting from subsequent improvement plan changes required by the City shall be borne by the Subdivider.
b. Conditions of Development : Should any conflicts arise between this Agreement and the conditions of development pursuant to project number PDA2024- 001, the conditions of development shall take precedence.
c. Zone II Pump Station: Public Works Condition #31 requires the Subdivider to complete construction of the zone II pump station, located on the City’s Northbay Regional Water Treatment Plant parcel, prior to the issuance of the first certificate of occupancy necessitating this pump station. It is estimated that the zone II pump station is necessitated for the next neighborhood following this Agreement. The City and Subdivider will meet and confer in good faith to determine when the Zone II pump station will be required. d. T
rain Station Specific Plan Community Facilities District : The subdivision shall annex into the new Train Station Specific Plans Community Facilities District (CFD #2018-1), which will provide funding for various elements of operations, maintenance and service, including but not limited to:
• Police Protection Services;
• Fire Protection and Suppression Services;
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• Ambulance and Paramedic Services;
• Maintenance of Road, Roadways, Sidewalks, including Traffic Signals, Streetlights, and Soundwalls
• Storm Protection (Storm Drain) Services
• Maintenance, Repair, and Replacement of Parks, Open Space, and Public Landscaping
• Maintenance of Architectural Amenities, Fences, or Barriers in the Public Right-of-Way
• Any Other Public Services authorized to be Funded under Section 53313 of the California Government Code
Property owners within CFD #2018-1 are required to pay special on - going annual assessments. The Subdivider shall furnish the necessary processing fees, documents and boundary map required to annex into CFD #2018-1 and complete the annexation process prior to issuance of any Building permits for the subdivision. Assessments will have an annual inflation adjustment. Please refer to Section 5.2 of the DA for additional information on the CFD.
e. Planning Area 5 Community Facilities District : The subdivision shall annex into the new One Lake Community Facilities District (CFD #2023-1), instead of the existing One Lake CFD for Planning Area 4 (CFD #2019- 1). CFD #2023- 1 will provide funding for various elements of infrastructure construction, maintenance, and public safety needs, including but not limited to:
• Onsite Backbone Street and Road Improvements and Facilities, including: wet utilities, traffic utilities, and pavement • In-tract Improvements, including: wet utilities, street signage, curb, and gutter
• Potable Water Improvements and Facilities;
• Storm Drain Improvements
• Sewer Improvements;
• Wetland Basins and Bio-retention Basins;
• Public neighborhood parks;
• Proposed sports park & complex
Property owners within CFD #2023-1 are required to pay special on- going annual assessments. The Subdivider shall furnish the necessary processing fees, documents and boundary map required to annex into CFD #2023-1 and complete the annexation process prior to issuance of any Buildings permits for the subdivision. Assessments will have an annual inflation adjustment.
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f. DA Section 4.5.8.3 – Land Exchange : The subdivision includes development of 0.1 acres of City Property, as defined by the Amended and Restated Development Agreement, recorded on June 10, 2015 (“DA”), including any subsequent amendments to the DA. Per Section
4.5.8.3 of the DA, the developer shall pay to the City $3,758.80 concurrent with, or prior to, approval of the subdivision Final Map, the amount being a percentage of the total area of City Property, summarized as follows:
( 0.1 acres / 100 acres ) x $3,758,800.00 = $3,758.80
g. Northeast Special Impact Fee for Area- wide Infrastructure: The proposed project is within the Northeast Fairfield Area. Subdivider shall pay a Special Impact Fee (Fee) for area- wide infrastructure as a part of project development. The Fee amount is adjusted each April 1 st for inflation using the Engineering News Record construction cost index from the preceding December. The Subdivider may construct certain infrastructure in- lieu of paying the fee, but such construction must be approved by the City Engineer and be consistent with the infrastructure plan described in the Revised Study of the Northeast Fairfield District (the Study). The City Engineer may approve modifications to the technical specifications in the Study to accomplish the purposes of the overall infrastructure plan, but under no circumstances may credits for the construction of infrastructure exceed the budgeted levels shown in the Study. The amount of credit given to Subdivider for in- lieu construction work may not exceed the amount of the special impact fees due for the subdivision. If this fee credit for improvements constructed is less than the total fee, Subdivider shall pay the remaining balance prior to the issuance of the applicable building permits. For additional information on fees and Subdivider obligations, contact the Fairfield Finance Department at (707) 428-7496.
1. Northeast Impact Fee Credits: In consideration for the completed and accepted construction of the public
infrastructure improvements as part of this overall project, as documented in Section 5.6.4 and 5.8.1 of the Amended and -14-
Restated Development Agreement dated May 8, 2015 (“DA”) including any subsequent amendments adopted by the City Council, the City may assign to Subdivider tasks towards construction of Vanden Road, in exchange for fee credits applicable towards the Subdivi der’s Citywide Traffic Impact Fee and Transportation Component of the Northeast Fees
(“Assigned Fees”) assessed for each lot proposed on the Subdivision Final Map. This assigned fee is escalated to the current year as documented in City of Fairfield Resolution No. 2013-69, as updated pursuant to City of Fairfield Resolution No. 2022-269. As of April 1, 2024, the adjusted value of the Assigned Fees is $4,130,233.13 (2024 dollars, see Exhibit 1) for 84 Dwelling Units (DU), as shown on the Subdivision Final Map. As part of this Agreement, the City shall assign the following tasks to the Subdivider: $100,000 Cash Payment.
Per Section 5.5.1.2 of the DA, the Subdivider shall pay $100,000 in cash to City a s part of this Agreement
1. In
exchange, the City shall reduce the Assigned Fees by
$100,000.00 ( equal to 3.05 EDUs of Transportation
Improvement assignment credit
4) , resulting in Assigned Fees
totaling $4,030,233.13 (2024 dollars – equal to 122.95 EDUs of Transportation Improvement assignment credit2). With this reduction, the Total Transportation Improvement fee credits assignable from this Agreement, per Section 5.8.1, is 122.95 EDUs.
2. Vanden Road - Segment 19 - Environmental Permitting. The City is assigning Subdivider to apply for and take all
commercially reasonable efforts to acquire, on behalf of the City pursuant to Section 5.6.2, all regulatory and
environmental permitting (specifically, US Army Corps of Engineers, US Fish and Wildlife Service, California
1 §5.5.1.2
2 §5.8.1.6
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Department of Fish and Wildlife and/or State Water
Resources Water Quality Control Board) necessary to
construct Segment 19 of Vanden Road, being the segment
extending from the City limit to approximately 2,250 feet along Vanden Road. Upon City’s receipt of all issued permitting, the Subdivider shall garner $728,779.00 (2022 dollars) or
$794,687.62 (or 24.24 EDUs, 2024 dollars) in fee credits. City requires these permits prior to any roadway improvements constructed within the limits of Segment 19. With thi s reduction, the Total Transportation Improvement fee credits assignable from this Agreement, per Section 5.8.1, is 98.71 EDUs (122.95 EDUs, less 24.24 EDUs). The dollar and EDUs in this section represent the City’s calculation as of the date of this Agreement, but the Parties will review and adjust if appropriate and the Subdivider is not waiving its rights by executing this Agreement. The City and Subdivider will also review and confirm this assigned work has not been
previously assigned and credited to the Subdivider.
3. Remaining Transportation Fees. As agreed between the City and Subdivider, in lieu of assigning improvements to the Subdivider, they shall instead pay the remaining
transportation fees at the actual, current impact fee value (100%) instead of the escalated value (150%); this amount being $2,157,142.53 (98.71 EDUs, divided by 150%,
multiplied by the sum of AB1600 Traffic ($7,627.00),
Northeast Traffic ($20,147.00), and Northeast Linear Park ($5,006.00) in cash to the City prior to issuance of the first building permit within the Final Map. The payment of fees in a lump sum is unique to this Agreement and not intended to set precedent for future Improvement Agreements.
23. P
rohibited Interest: No employee of the City shall have any direct financial interest in this agreement. This agreement shall be voidable at the opinion of the City if this provision is violated.
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24. Local Employment Policy: The City of Fairfield desires, wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.
The City encourages an active affirmative action program on the part of its contractors, consultants, and developers.
When local projects require, subcontractors, contractors, consultants, and developers will solicit proposals from qualified local firms where possible.
As a way of responding to the provisions of the Davis -Bacon Act and this program, contractor, consultants, and developers will be asked to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin.
25. Required Permits: Agreement authorization will not be effective until Subdivider has obtained all required permitting, authorizations, and approvals from the regulatory agencies, property owners, and similar for impacts resultant of the Required Improvements. Subdivider shall submit a copy of these permits and approvals prior to commencement of work. The City of Fairfield requires the Subdivider to coordinate with, apply for, and be issued all necessary and pertinent permitting and authorizations from local and regional agencies prior to beginning construction of the Required Improvements. By way of executing this Agreement, the Subdivider affirms they have received all required permitting and authorizations from any and all pertinent and necessary local, s tate, and federal agencies and that all costs and impacts resultant of additional coordination, construction delays, engineering design revisions, or similar negative impacts subsequent to execution of this Agreement shall be borne solely by the Subdivider and shall be at no cost to the City. The Subdivider affirms they have received all necessary authorizations from the following agencies to construct the Required Improvements, which include, but may not be limited to:
a. Federal Transit Administration
b. Travis Air Force Base
c. United States Army Corps. of
Engineers
d. Department of Toxic
Substances Control
j. Solano Irrigation District
k. Solano County Water Authority
l. Fairfield-Suisun U.S.D.
m. Travis Unified School District
n. Caltrans
o. Capitol Corridor
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e. Union Pacific Railroad
f. California Department of Fish
and Wildlife
g. California State Water
Resources Control Boards
h. Metropolitan Transportation
Commission
i. Solano Transportation
Authority
p. City of Suisun City
q. City of Vacaville
r. City of Vallejo
s. City of Benicia
t. Solano County
u. Comcast
v. AT&T
w. Pacific Gas & Electric
x. Kinder-Morgan
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date set forth opposite their respective signatures.
Dated:
City of Fairfield,
a municipal corporation
ATTEST:
By:
City Clerk
By:
City Manager
One Lake Holding, LLC.,
a Delaware Corporation
By:
Name:
Title:
Number of Low-Density Dwelling Units (Neighborhod J & K-2) Cost $881,244.00
$2,327,976.00 AB1600 Traffic Impact
$578,466.00 NE Traffic Impact
2022 Fee Assignment Total (October 4, 2022) = $3,787,686.00 NE Linear Park Escalated Amount (April 1, 2023 ) = $3,987,262.91 Total Assigned Fees (April 1, 2024) = $4,130,233.13
*NOTE: Per Section 5.8.1 of the DA, the City may assign Transportation Improvements , as defined by the DA, equal to 150% of the number of dwelling units multiplied by the fee per density category. *NOTE: Per Planning Condition under Section E (Density Transfer), #2, all development areas shall pay impact fees at the LR rate. *NOTE: Calculation Formula and Example
2022 Assignment Total = Number of Residential Units 2022 x (Citywide Traffic Impact Fee + Transportation Component of NE Fee ) 1) Traffic AB 1600 (Citywide Traffic Impact Fee) $6,994 per single-family dwelling unit x 150% 2) Northeast Traffic Fee $18,476 per low-density unit 2022 Assignment Total = 84 x ($6,994 + $18,476 +$4,591) x 150% 3) Northeast Traffic Fee $14,042 per medium-density unit (low-density) $3,787,686.00 4) Northeast Linear Park Fee $4,591 per low-density unit 2023 Assignment Total = $3,787,686.00 x CCI Escalation 5) Northeast Linear Park Fee $4,082 per medium-density unit = $2,840,764.50 x 1.08855
= $4,130,233.13 *NOTE: Impact Fees are based on the fees adopted by City Council Resolution No. 2022-269 San Francisco Construction Cost Index Table
DATE
December 1, 2010 10,120.29 Annual Running
December 1, 2011 10,204.79 0.83%
December 1, 2012 10,355.09 1.473%
December 1, 2013 10,898.84 5.251% 5.251%
December 1, 2014 10,915.84 0.156% 5.415%
December 1, 2015 11,155.41 2.195% 7.729%
December 1, 2016 11,609.44 4.070% 12.113%
December 1, 2017 12,014.72 3.491% 16.027%
December 1, 2018 12,115.37 0.838% 16.999%
December 1, 2019 12,764.52 5.358% 23.268%
December 1, 2020 13,168.76 3.167% 27.172%
December 1, 2021 14,228.24 8.045% 37.403%
December 1, 2022 14,977.94 5.269% 44.643%
December 1, 2023 15,515.00 3.586% 49.830%
*NOTE: First date of 2013 Fee Study fee: May 21, 2013
*NOTE: First date of escalation: April 1, 2014
*NOTE: City Council Resolution No. 2022-146 updated the Citywide Transportation Impact Fee and Northeast Area Development Impact Fees from the original Fee Study, previously adopted per City Council Resolution No. 2013-69 *NOTE: Fee Study Update October 4, 2022
*NOTE: First date of updated fee: December 5, 2022
*NOTE: First date of new escalation: April 1, 2023
*NOTE: Fees escalated per the Engineering News Record Construction Cost Index as outlined in Fairfield Resolution 2013-69 (Section 1, 3, and 4) & Resolution 2022-269 $2,538,511.27
$630,780.76
$4,130,233.13
EXHIBIT 1
SF CC Index
Fee Credit Summary Table
84 Traffic AB 1600 Fee
Northeast Traffic Impact Fee
Northeast Linear Park Fee
2023 Assignment Breakdown
$960,941.10
2633 CAMINO RAMON, SUITE 350 I SAN RAMON, CALIFORNIA 94583 I (925) 866-0322 1430 BLUE OAKS BOULEVARD, SUITE 110 I ROSEVILLE, CALIFORNIA 95747 I (916) 788-4456 www.cbandg.com
CIVIL ENGINEERS I SURVEYORS I PLANNERS
October 9, 2023
Job No.: 1668-016
Item Description Quantity Unit Unit Price Amount
STREET IMPROVEMENTS
1 Finish Grading 162,200 SF 0.40$ 64,880$
2 Subgrade Fabric 113,800 SF 0.15$ 17,070$ 3 3.5" Asphalt Concrete 90,200 SF 2.10$ 189,420$ 4 4" Asphalt Concrete 8,800 SF 2.50$ 22,000$ 5 14" Aggregate Base 90,200 SF 2.10$ 189,420$ 6 16" Aggregate Base 8,800 SF 2.50$ 22,000$ 7 8" AB Maintenance Access Road 25,000 SF 2.00$ 50,000$ 8 Standard Curb and Gutter 850 LF 20.00$ 17,000$ 9 Beveled Curb and Gutter 5,000 LF 20.00$ 100,000$ 10 Flush Curb 6 LF 20.00$ 120$
11 4" PCC Sidewalk (w/ 4" AB Cushion) 28,800 SF 8.00$ 230,400$ 12 Curb Cuts 3 EA 350.00 $ 1,050$
13 Accessible Curb Ramp 11 EA 1,500.00 $ 16,500$
14 Street Monuments 11 EA 300.00 $ 3,300$
15 Signing and Striping 690 LF 10.00$ 6,900$ 16 Conform to Existing Street 3 EA 2,000.00 $ 6,000$ 936,060$
STORM IMPROVEMENTS
17 18" Reinforced Concrete Pipe 1,380 LF 70.00$ 96,600$ 18 24" Reinforced Concrete Pipe 450 LF 75.00$ 33,750$ 19 30" Reinforced Concrete Pipe 630 LF 80.00$ 50,400$ 20 36" Reinforced Concrete Pipe 710 LF 85.00$ 60,350$ 21 Riprap Outlet Protection 2 EA 2,500.00 $ 5,000$ 22 Stub Storm Drain to Future Development 7 EA 2,000.00 $ 14,000$ 23 Storm Drain Catch Basins 20 EA 4,000.00 $ 80,000$ 24 Storm Drain Field Inlet 6 EA 4,000.00 $ 24,000$ 25 Junction Box 5 EA 6,000.00 $ 30,000$
26 Storm Drain Manhole 1 EA 4,000.00 $ 4,000$
27 Connect to Existing 3 EA 2,000.00 $ 6,000$
404,100$
SANITARY SEWER
28 4" Sanitary Sewer Lateral (with Cleanout) 72 EA 500.00 $ 36,000 $ 29 8" Sanitary Sewer (PVC) 2,800 LF 40.00$ 112,000$ 30 Sanitary Sewer Manhole 16 EA 4,000.00 $ 64,000$ 31 Stub to Future Development/Temporary Cleanout 3 EA 2,000.00 $ 6,000$ 32 Connect to Existing 2 EA 2,000.00 $ 4,000$
222,000$ SUBTOTAL SANITARY SEWER
SUBTOTAL STREET IMPROVEMENTS
ENGINEER'S PRELIMINARY BOND ESTIMATE
NEIGHBORHOOD J & K-2 IMPROVEMENTS
ONE LAKE - PLANNING AREA 5
FAIRFIELD, CA
SUBTOTAL STORM IMPROVEMENTS
P:\1600 ‐ 1699\1668‐016\Estimates\Bond\Bond 006_Neighborhood J, K2 Improvements ‐ FINAL.xlsx Page 1 of 2 EXHIBIT 2
Item Description Quantity Unit Unit Price Amount
POTABLE WATER
33 1" Water Lateral and Meter (Copper) 72 EA 750.00 $ 54,000 $ 34 4" Water Lateral (PVC) 3 EA 500.00 $ 1,500$ 35 8" Water Pipe (PVC - Including all appurtenances) 2,660 LF 40.00$ 106,400$ 36 10" Water Pipe (PVC - Including all appurtenances) 540 LF 45.00$ 24,300$ 37 Fire Hydrant (Including Valves) 8 EA 5,000.00 $ 40,000 $ 38 Air Release Valve 2 EA 2,000.00 $ 4,000$
39 Stub to Future Development/Temporary Blow Off 3 EA 2,000.00 $ 6,000$ 40 Cathodic Protection 3,200 LF 10.00$ 32,000$ 41 Connect to Existing 3 EA 2,000.00 $ 6,000$
274,200$
WATER QUALITY
42 Bioretention Basin 22,100 SF 25.00$ 552,500$ 552,500$
2,389,000$
(to the nearest $1,000)
Assumptions:
1. 2.
3. 4.
This estimate is based on information available at this time. Carlson, Barbee & Gibson, Inc. (CBG) assumes no liability for changes in prices, fees or costs due to unforeseen conditions or changes.
This estimate is based on the One Lake Planning Area 5 - Neighborhood J & K-2 Improvement Plans dated May 2023.
Joint trench and Street Light costs are not included in this estimate and will be provided by Joint Trench Consultant.
Landscaping costs are not included in this estimate and will be provided by Landscape Architect.
SUBTOTAL POTABLE WATER
SUBTOTAL NEIGHBORHOOD J & K-2 IMPROVEMENTS COSTS
SUBTOTAL WATER QUALITY
P:\1600 ‐ 1699\1668‐016\Estimates\Bond\Bond 006_Neighborhood J, K2 Improvements ‐ FINAL.xlsx Page 2 of 2 McKinely Partners
One Lake
Planning Area 5A - Neighborhoods J,K-2 In-Tract Streetscape
LANDSCAPE FINAL BOND ESTIMATE
FAIRFIELD, CALIFORNIA
27-Apr-23
Notes:
1 Cost estimate is based on landscape construction documents prepared by vTA dated April 27, 2023. vTA assumes no liability for changes in prices fees or costs due to unforeseen conditions or changes. 2 Production front yards not included.
NO. ITEM UNIT QUAN. COST EXTENSION TOTAL
LANDSCAPE
1 Fine Grading SF 13,840 0.30$ 4,152.00$
2 Planting Soil Preparation SF 13,840 0.30$ 4,152.00$ 3 Linear Root Barrier (4' length x 24" depth) LF 1,368 9.00$ 12,312.00$ 4 Tree Staking - (3) 10'x3" Diameter Lodge Pole w/ Ties EA 114 36.00$ 4,104.00$ 5 Bark Mulch - 3" Deep SF 13,840 0.55$ 7,612.00$
Sub-total 32,332.00$
IRRIGATION
6 Shrub Area - Drip Emitters SF 13,840 2.50$ 34,600.00$ 7 Tree Root Watering System Bubbler (2 per tree) EA 114 120.00$ 13,680.00$ 8 Irrigation Sleeves LF 5,840 2.50$ 14,600.00$
9 Rain Bird - 4 Station Controller EA 88 450.00$ 39,600.00$ 10 Atmospheric Remote Control Valve Assembly EA 75 385.00$ 28,875.00$ 11 Atmospheric Drip Remote Control Valve EA 88 385.00$ 33,880.00$ Sub-total 165,235.00$
PLANTING
TREES
12 Chitalpa Tashkentensis 'Pink Dawn' 24" Box EA 14 390.00$ 5,460.00$ 13 Koelreuteria Paniculata 24" Box EA 23 390.00$ 8,970.00$ 14 Laurus x `Saratoga` 24" Box EA 26 390.00$ 10,140.00$ 15 Pyrus calleryana 'New Bradford' 24" Box EA 22 390.00$ 8,580.00$ 16 Zelkova serrata 'City Sprite' 24" Box EA 29 390.00$ 11,310.00$
SHRUBS AND GROUNDCOVER
17 Nandina Domestica 'Harbour Dwarf' 5 Gal EA 176 36.00$ 6,336.00$ 18 Rhaphiolepis Indica `Pink Dancer` 5 Gal EA 140 36.00$ 5,040.00$ 19 Cistus x Hybridus 'Mickie' 1 Gal EA 33 13.00$ 429.00$ 20 Arctostaphylos x 'Emerald Carpet' 1 Gal EA 155 13.00$ 2,015.00$ 21 Helianthemum Numularium 'Henfield Brilliant' 1 Gal EA 268 13.00$ 3,484.00$ 22 Lantana Montevidensis 'Trailing White' 1 Gal EA 99 13.00$ 1,287.00$ 23 Verbena Canadensis 'Homestead Purple' 1 Gal EA 17 13.00$ 221.00$ Sub-total 63,272.00$
MAINTENANCE
24 90 Day Landscape Maintenance SF 13,840 0.20$ 2,768.00$ Sub-total 2,768.00$
25 NH 'J, K-2' TOTAL : 263,607.00$
ITEMS NOT INCLUDED
Fees and Permits Natural Gray Concrete Driveway (per civil) Performance Bonds Storm Water Drainage (per civil)
Rough Grading (per civil) Water Meters (per civil)
Concrete Sidewalk, Curb & Gutter (per civil)
Streetlights (per civil)
CITY OF FAIRFIELD
SUBDIVISION IMPROVEMENT AGREEMENT CHECK LIST
SUBDIVISION: Canon Station Planning Area 5 – Neighborhood J & K-2
OWNER: One Lake Holding, LLC
ADDRESS: 2121 N. California Blvd., Suite 1010, Walnut Creek, CA 94596
COUNCIL MEETING DESIRED: December 3, 2024
SUBMISSION DEADLINE: November 5, 2024
DESCRIPTION QUANTITY UNIT COST AMOUNT RECD BY DATE
Plan Check Fee (less initial PC) 1.35% $2,764,607 $18,379.44 Engineering/Inspection Fee 5.5% $2,764,607 $152,053.39
Final Map Mylar Fee 12 $15 $180.00
Fairfield-Suisun Sewer District 1 $458 $458.00
DA Section 4.5.8.3 (Land Exchange) $3,758.80
SIA - Section 22(g)(3) - Impact Fee $2,157,142.53
TOTAL: $2,331,972.16
Civil Engineer's Estimate $2,389,000
Landscape Cost Estimate $263,607
Streetlight Cost Estimate 28 $4,000 $112,000
Total Cost Estimate $2,764,607
Faithful Performance Bond 110% $3,041,068
Labor and Materials Bond 55% $1,520,534
Insurance Certificate $3 Million
Signed Agreement
Construction Plans
Distribution:
City Manager
City Engineer
Subdivider