CITY OF FAIRFIELD
SUBDIVISION IMPROVEMENT AGREEMENT
Canon Station Planning Area 5 - Neighborhood A & B
One Lake Holding, LLC
THIS AGREEMENT ("Agreement"), for purposes of identification, dated _ 2025 is made and entered into by and between the CITY OF FAIRFIELD, a municipal corporation, hereinafter referred to as "City," and One Lake Holding, LLC, a Delaware Limited Liability Company hereinafter referred to as "Subdivider." RE C IT 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 Planning Commission 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 A & 8. 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: streets, highways, or 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, -1-
E.
heretofore approved by the City Council of the City. Said improvements are hereinafter referred to as "the Required Improvements." City Council, by the adoption of Resolution No. 2025- _ _ , 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 its 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.
Work; Satisfaction of the City Engineer: All of the work on the Required 2.
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 (per 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 pressure and bacteriological testing, final rock grade shall be attained, and fire hydrants brought to grade.
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3. 4.
5. b. Sewer and storm drainage utility infrastructure proposed as part of the Required Improvements shall be operational, connected and discharge to existing public infrastructure.
c. Curb and gutter shall be constructed along the frontage of the lots for which building permits are being requested.
d. 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. e. See Section 22, "Additional Terms and Conditions", for additional building permit restrictions, if any.
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 provided by Subdivider and attached hereto as Exhibit A. 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.
Time of Essence; Extension: Time is of the essence of this Agreement, but the dates for commencement and completion of the construction work construction may be extended as herein provided pursuant to Sections 5 to 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.
Request for Extension; Granting: Requests for extension of commencement and completion date shall be provided 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 in writing and an oral extension shall not be valid for any purpose whatsoever.
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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 given 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. Extension: Conditions: The granting of any extension may be conditioned
6. 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. Improvement Security: Concurrently with the execution hereof, Subdivider shall furnish City:
a. Improvement security in the sum of $2,746,700.00, which sum is equal to one hundred ten percent (110%) of the estimated cost of constructing the Required 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 B of this Agreement.
b. Separate improvement security in the sum of $1,373,350.00, which sum is equal to fifty-five percent (55%) of the estimated cost of constructing the Required Improvements, securing payment to the contractor, its subcontractor, and to persons furnishing labor, materials, or equipment to them for the construction of the Required Improvements, as further detailed on Exhibit B 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 -4-
9. obligation of those providing improvement security pursuant to this Agreement.
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 1) the initial plan check fee of one percent (1 %) of the total cost paid upon first submittal of improvement plans and 2) the engineering plan check fee for streetlights within the pedestrian realm owned by the Homeowner's Association, which fee will be assessed and collected by the Community Development Department under the pertinent Building permit(s). The total amount of this fee still due is
(1.35% X $2,497,000.00) - $27,336.35 - (1.35% X $247,500.00) = $3,031.90.
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 up to the nearest whole number, as estimated by the City Engineer, being:
5.5% X $2,497,000.00= $137,335.00.
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 an engineering plan check fee for plan checks provided by the Fairfield-Suisun Sewer District. The total amount of the fee still due is $425.00, as follows:
Residential Subdivision - Flat Rate= $425.00.
d. 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:
16 map sheets x $15 = $240.00.
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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.
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 its 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 its contractor or 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 -6-
work under this Agreement until all insurance required of the contractor or subcontractor shall 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 Subdivider'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, and 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 Public 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 its 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 -7-
amount of not less than $3 million per occurrence. 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 other named insureds will be called upon to cover a loss covered thereunder. See Exhibit C for the City's minimum insurance requirements.
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's Association ("HOA") upon completion and acceptance of such improvements by the HOA.
14. Repair 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 -8-
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 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. Notice 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 -9-
serve written notice upon Subdivider and Subdivider 's surety of breach of this Agreement, or of any portion thereof, and default of Subdivider.
17. Breach 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 its 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 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
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)
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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. Governing 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 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 Ill, 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.
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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. The City is preparing an updated analysis to determine when the Zone II pump station will be required.
Subdivider will pay $50,000 to the City for the cost of the updated analysis. If required, based on the updated analysis, the Subdivider and City will meet and confer in good faith on a plan to complete construction.
d. DA Section 4.5.8.3 - Land Exchange: The subdivision includes development of 8.2 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 $308,221.60 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:
( 8.2 acres/ 100 acres) x $3,758, 800.00 = $308,221.60
e. Train Station Specific Plan Community Facilities District: The subdivision shall annex into the new Train Station Specific Plans Community Facilities District (CFO #2023-2), 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;
• 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
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• Any Other Public Services authorized to be Funded under Section 53313 of the California Government Code
Property owners within CFO #2023-2 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 CFO #2023-2 and complete the annexation process prior to issuance of any Building permits for the subdivision. Assessments will have an annual inflation adjustment.
f. Planning Area 5 Community Facilities District: The subdivision shall annex into the new One Lake Community Facilities District (CFO #2023-1 ), instead of the existing One Lake CFO for Planning Area 4 (CFO #2019-1 ). CFO #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 CFO #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 CFO #2023-1 and complete the annexation process prior to issuance of any Buildings permits for the subdivision. Assessments will have an annual inflation adjustment.
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 1st for inflation using the Engineering News Record construction cost -13-
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.
h. Northeast Impact Fee Lump Sum: 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 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 Subdivider's Citywide Traffic Impact Fee and Transportation Component of the Northeast Fees ("Assigned Fees") assessed for each lot proposed on the Subdivision Final Map. As agreed between the City and Subdivider, in-lieu of assigning improvements to the Subdivider, Subdivider shall instead pay the transportation fees at the actual, current impact fee value (100%) instead of the escalated value (150%); this amount being $2,524,060.00 (77.0 Equivalent Dwelling Units (EDU), as defined by the DA, multiplied by the sum of AB1600 Traffic ($7,627.00), -14-
Northeast Traffic ($20,147.00), and Northeast Linear Park ($5,006.00) impact fees) in cash to the City prior to issuance of the first building permit within the Final Map. Each July 1st thereafter, the impact fees for Building permits not issued shall be indexed to the current year's impact fee value and the Subdivider shall pay lump sum to the City, less the amount of lump sum paid for said Building permits in the previous year. The City agreed to receive a lump sum from Subdivider in-lieu of Assigned Fees and is unique to this Agreement and not intended to set precedent for future improvement agreements.
• $100,000 Cash Payment. Per Section 5.5.1.2 of the DA, the Subdivider shall pay $100,000.00 in cash to City as part of this Agreement1 for the first subdivision each calendar year. By paying this lump sum to the City, the City shall recognize that this $100,000.00 cash payment is fulfilled for calendar year 2025.
i. Prohibited 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.
23. 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.
I §5,5.1.2
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24. Required Regulatory 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, state, 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.
b.
C.
d.
e.
f.
g.
h.
i.
Federal Transit Administration j. Solano Irrigation District Travis Air Force Base k. Solano County Water Authority
United States Army Corps. of I. Fairfield-Suisun U.S.D.
Engineers m. Travis Unified School District
Department of Toxic n. Caltrans
Substances Control 0. Capitol Corridor
Union Pacific Railroad p. City of Suisun City
California Department of Fish q. City of Vacaville
and Wildlife r. City of Vallejo
California State Water s. City of Benicia
Resources Control Boards t. Solano County
Metropolitan Transportation u. Comcast
Commission V. AT&T
Solano Transportation w. Pacific Gas & Electric
Authority X. Kinder-Morgan
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth opposite its respective signatures.
Dated: - - - - - - - - - -
ATTEST:
By: _
City Clerk
City of Fairfield,
a municipal corporation
By: _
City Manager
One Lake Holding, LLC.,
a Delaware Corporation
By:---'=-S_ ·:......,,,,eoc __ ~ ~ -~-- _
Name: 5_~ _ _ .e_ ~~-'-~-~--
Title :_ ----"-(=o_-....,P ..... P-=€3.a.=.;., .,;_o_ow,;,__, _ -17-
Exhibit A
Construction Schedule
Sewer
Storm
Water
Joint Trench
Subgrade
Prepare Detached SW and DW
AB Concrete Curb/Gutter
AB Concrete SW and DW
Curb and Gutter
SW &DW
Test Utilities
Install Street Lights
Install AB and Paving
Raise Iron
Sign & Stripe
PG&E Energize
PG&E Pressurize
4 weeks
3 weeks
2 weeks
4 weeks
5 days
1 week
1 week
1 week
5 days
1 week
2 weeks
1 week
1 week
2 weeks
1 week
3 weeks
3 days
Exhibit B
SUBDIVISION IMPROVEMENT AGREEMENT CHECK LIST
SUBDIVISION: Canon Station Planning Area 5 - Neighborhood A & B OWNER: One Lake Holding, LLC
ADDRESS: 2121 N. California Blvd., Suite 1010, Walnut Creek, CA 944596 COUNCIL MEETING DESIRED: April 1, 2025
SUBMISSION DEADLINE: noon March 5, 2025
DESCRIPTION QUANTITY UNIT COST AMOUNT RECD BY DATE
Plan Check Fee (less initial PC) 1.35% $2,497,000 $3,031.90 Engineering/Inspection Fee 5.5% $2,497,000 $137,335.00
Traffic Signal Cost Share 1 NIA N/A
FSSD Plan Check Fee 1 $425 $425.00
Final Map Mylar Fee 16 $15 $240.00
Reimbursement Agreement 1 NIA N/A
Land Exchange (One Lake only) 1 $308,221.60 $308,221.60 DA Section 5.5.1.2 & 1 $2,524,060.00 $2,524,060.00 In-Lieu of Assignment (One Lake on! TOTAL: $2,973,313.50
Civil Engineer's Estimate $2,497,000
Landscape Cost Estimate N/A N/A $0
Total Cost Estimate $2,497,000
Faithful Performance Bond 110% $2,746,700
Labor and Materials Bond 55% $1,373,350
Insurance Certificate $3 Million
Signed Agreement
Construction Plans
Executed Copies Provided to:
City Manager
City Engineer
Subdivider
cbg CIVIL ENGINEERS I SURVEYORS I PLANNERS
ENGINEER'S PRELIMINARY BOND ESTIMATE March 3, 2025
NEIGHBORHOOD A & B IMPROVEMENTS Job No.: 1668-016
ONE LAKE - PLANNING AREA 5
FAIRFIELD, CA
Item Description Quantity Unit Unit Price Amount
START-UP
1 Mobilization LS $ 25,000.00 $ 25,000
2 SWPPP 17 AC $ 13,100.00 $ 222,700
SUBTOTAL START-UP $ 247,700
STREET IMPROVEMENTS
3 Finish Grading 169,500 SF $ 0.50 $ 84,750
4 Subgrade Fabric 118,100 SF $ 0.20 $ 23,620
5 3.5" Asphalt Concrete 104,000 SF $ 1.76 $ 183,040
6 14" Aggregate Base 104,000 SF $ 2.74 $ 284,960
7 Standard Curb and Gutter 400 LF $ 22.84 $ 9,136
8 Beveled Curb and Gutter 5,200 LF $ 22.84 $ 118,768
9 4" PCC Sidewalk (wl 4" AB Cushion) 31,400 SF $ 7.00 $ 219,800 10 Curb Cuts 3 EA $ 350.00 $ 1,050
11 Accessible Curb Ramp 18 EA $ 2,469.72 $ 44,455
12 Street Monuments 13 EA $ 300.00 $ 3,900
13 Signing and Striping 3,000 LF $ 19.04 $ 57,120
14 Conform to Existing Street 2 EA $ 2,000.00 $ 4,000
15 Traffic Control 1 LS $ 10,000.00 $ 10,000
SUBTOTAL STREET IMPROVEMENTS $ 1,044,599
STORM IMPROVEMENTS
16 18" Reinforced Concrete Pipe 1,270 LF $ 75.94 $ 96,444 17 24" Reinforced Concrete Pipe 280 LF $ 75.94 $ 21,263 18 Junction Box 3 EA $ 4,630.73 $ 13,892
19 Storm Drain Catch Basins 11 EA $ 4,630.73 $ 50,938
20 Storm Drain Field Inlet 3 EA $ 4,630.73 $ 13,892
21 Connect to Existing 6 EA $ 3,159.18 $ 18,955
SUBTOTAL STORM IMPROVEMENTS $ 215,384
SANITARY SEWER
22 4" Sanitary Sewer Lateral (with Cleanout) 78 EA $ 1,162.83 $ 90,701 23 8" Sanitary Sewer (PVC) 2,900 LF $ 50.73 $ 147,117
24 Sanitary Sewer Manhole 14 EA $ 4,630.73 $ 64,830
25 Stub to Future DevelopmenUTemporary Cleanout 3 EA $ 514.53 $ 1,544 26 Connect to Existing 2 EA $ 2,531.46 $ 5,063
SUBTOTAL SANITARY SEWER $ 309,254
2633 CAMINO !~AMON. SUITE 350 I SAN RAMON, CALIFORNIA 94583 I (925) 866-0322 1430 BLUE OAKS BOULEVARD. SUITE 110 I ROSEVILLE. CAUFORNIA 95747 I (916) 788-4456 P:\ 1600 -1699\1668·016\Estimates\ Bond\ Bond 00B_Neighborhood A&B lmprovements-Final.xlsXNW vV.Cb a ndq.corn Page 1 of 2
cbg _
Item Description Amount
POTABLE WATER
27 1" Water Lateral and Meter (Copper)
28 8" Water Pipe (PVC - Including all appurtenances)
29 Fire Hydrant (Including Valves)
30 Blow Off
31 Stub to Future Development/Temporary Blow Off
32 Irrigation Service (Including all appurtenances)
33 Cathodic Protection
34 Connect to Existing
ELECTRICAL
35 Street Lights
Quantity Unit Unit Price
78 EA $ 1,029.05 $
3,000 LF $ 77.18 $
7 EA $ 6,318.37 $
3 EA $ 4,116.20 $
4 EA $ 2,058.10 $
1 EA $ 21,486.56 $
3,000 LF $ 10.00 $
2 EA $ 2,000.00 $
SUBTOTAL POTABLE WATER $
33 EA $ 7,500.00 $
SUBTOTAL ELECTRICAL $
SUBTOTAL NEIGHBORHOOD A & B IMPROVEMENTS COSTS $
(to the nearest $1,000)
80,266
231,540
44,229
12,349
8,232
21,487
30,000
4,000
432,102
247,500
247,500
2,497,000
Assumptions:
This estimate is based on information available at this time. Carlson, Barbee & Gibson, Inc. (CBG) assumes no liability for changes 1 · in prices, fees or costs due to unforeseen conditions or changes.
2. This estimate is based on the One Lake Planning Area 5 - Neighborhood A & B Improvement Plans dated September 2023.
3. Joint trench costs are not included in this estimate and will be provided by Joint Trench Consultant.
4. Landscaping costs are not included in this estimate and will be provided by Landscape Architect.
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Exhibit C
INSURANCE REQUIREMENTS
SUBDIVIDER shall procure and . maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SUBDIVIDER, its agents, representatives, or employees.
1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $3,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 - any auto) with minimum limits of $3,000,000 per accident for bodily injury and property damage. c) Workers' Compensation insurance as required by the State of California and Employers' Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.
2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required:
✓ Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $3,000,000 per occurrence.
□ Pollution Liability Insurance in the minimum amount of $3,000,000 per occurrence D Garage Keepers Insurance in the minimum amount of $3,000,000 per occurrence D Fidelity/ Crime/ Dishonesty Bond in the minimum amount of$ _ □ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
□ Builder's Risk / Course of Construction Insurance in the minimum amount of $ _
3) INSURANCE PROVISIONS
a) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the SUBDIVIDER
shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder's risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the SUBDIVIDER; products and completed operations of the SUBDIVIDER; premises owned, occupied or used by the SUBDIVIDER; and automobiles owned, leased, hired or borrowed by the SUBDIVIDER. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the SUBDIVIDER'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the SUBDIVIDER'S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The SUBDIVIDER'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.
v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled 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. vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the SUBDIVIDER'S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
c) Acceptability of Insurer. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII, unless otherwise acceptable to the CITY.
Verification of Coverage. SUBDIVIDER shall furnish the CITY with original endorsements effecting coverage required by this Exhibit C. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At
the request of the CITY, SUBDIVIDER shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
d) Sub-contractors. SUBDIVIDER shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit C. Failure of SUBDIVIDER to verify existence of sub-contractor's insurance shall not relieve SUBDIVIDER from any claim arising from sub-contractors work on behalf of SUBDIVIDER.