Item 7 - Acceptance of Public Improvements for Parkway Summit Proj; STI18-003January 19, 2021, Item #7AGENDA RE PO RT City of Poway DATE: TO: FROM: CONTACT: January 19, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services 1M Sara Trunzo, Associate Civil Engineer ~ (858) 668-4622/strunzo@poway.org CITY COUNCIL SUBJECT: Acceptance of Public Improvements for the Parkway Summit Project, STl18-003 Summary: Public Improvement Plan STl18-003 for the Parkway Summit project, also known as Vantage Point, included the installation of a new public water main, fire hydrants and associated appurtenances, a new public sewer main, and the extension of Kirkham Way and the adjacent sidewalk. The improvements are complete and ready for acceptance. Recommended Action: It is recommended that the City Council: 1. Accept the improvements shown on the plans for STl18-003 as complete; 2. Release the Performance Bond in the amount of $561,621.00 3. Release the Payment Bond, in the amount of $280,810.50 4. Retain the Warranty Bond in the amount of $56,162.10 for a period of one (1) year. Discussion: The water main, fire hydrants, sewer main, and roadway extension serve two new light industrial buildings on Kirkham Way. The construction has been completed in accordance with the Standard Agreement for Construction of Public Improvements (Attachment A), and acceptance by the Engineering Inspection Division. Staff finds the project to be complete in accordance with the project plans and specifications. Environmental Review: Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, a subsequent environmental document, or any additional environmental review or notice, is not required since the project is within the scope of the Mitigated Negative Declaration that was approved in conjunction with the approval of Tentative Parcel Map 06-04 and Specific Plan Amendment 84-01 WWW on March 13, 2007. 1 of 13
January 19, 2021, Item #7Fiscal Impact: None. Public Notification: None. Attachments: A. Standard Agreement Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 13 Reviewed By: Alan Fenstermacher City Attorney App roved By: City Manager
January 19, 2021, Item #7Poway, California Agreement Date STANDARD AGREEMENT FOR CONSTRUCT/ON OF PUBLIC IMPROVEMENTS (STl18-0Q3) The CITY OF POWAY ("CITY") and RREEF CPIF KIRKHAM WAY JV, LLC, a Delaware limited liability company (collectively known as 11OWNER") agree as follows: A. OWNER is required to construct the following public improvements ("work") for the above-referenced project: a. Installation of a public water main, fire hydrants, and associated appurtenances b. Installation of public sewer main c. Roadway extension of Kirkham Way B. CITY-approved plans and specifications for the construction of the work, which are incorporated herein by reference, and identified Street Improvement Plans for (STl18-003). . C. The following are attached hereto and made a part hereof: Schedule A Public Improvements 1. IMPROVEMENTS: TIME TO PERFORM: For valuable consideration OWNER agrees to do, or cause to be done, at OWNER's expense and without any cost or liability to the CITY, all ·of the work described herein by the date specified on Schedule A. OWNER warrants that all of the materials supplied and work to be done will be of good quality and workmanship. Said work shall be in strict conformity with the plans and specifications of the work, the standard specifications and drawings for public improvements adopted by CITY, and this agreement. OWNER shall furnish all transportation, equipment, labor, services, permits, utilities, and all other items necessary to complete the work. OWNER shall pay all claims, demands, and liability arising out of or resulting from or in connection with the performance of the work. OWNER shall furnish accurate 11as constructed11 plans. In addition, Owner shall, prior to acceptance of the work by City Council, set all final monuments and stakes. OWNER's obligations herein are not limited by any cost estimates, nor will any estimate be a measure of damages. CITY, in its sole discretion and without liability to CITY, City Council Members, CITY's Engineer and their consultants, and each of their officials, directors, officers, employees and agents, may require changes, alterations, or additions to the plans and specifications which do not exceed ten percent (10%) of the original CITY approved cost estimate of the work. CITY, in its sole discretion and without liability ~o CITY, City Council Members, CITY's Engineer and their consultants, and each of their officials, directors, officers, employees and agents, may require changes, alterations, or additions in addition to said ten percent (10%) limitation if required to correct errors or omissions in the approved plans (11.11) 3 of 13 ATTACHMENT A Agreement - 1 of 8
January 19, 2021, Item #7and specifications, and for unforeseen conditions such as, but not limited to, rock excavation. unstable soil conditions, or high water tables requiring de-watering. 2. INSURANCE: OWNER shall not commence or continue to perform any work unless OWNER has in full force and effect all required insurance with companies satisfactory to CITY. To be acceptabf e, insurers must be authorized to ·do business and have an agent for service of process in California, and have an 11A11 policyholder's rating and a financial rating of at least Class XI in accordance with the current Best's Ratings. OWNER shall not permit any contractor or subcontractor to perform any work unless the worker's compensation insurance requirements have been complied with by each of them. All insurance poiicies shall be maintained until the work is accepted by the CITY and provide for coverage of aH causes of action or disputes arising out of acts in performance of the construction of the public improvement herein whether said causes or disputes are filed or brought to the attention of the CITY before or after the CITY acceptance of work. With approval of the CITY's Attorney, insurance coverage required by this section may be satisfied by insurance held in name of prime contractor of OWNER, provided that prime contractor coverage is sufficiently broad to include all losses on job site. As eviqence of coverage, OWNER shall provide certificates of insurance and endorsement of CITY forms. Each certificate shall bear an endorsement waiving right of cancellation or change in coverage without forty-five (45) days' notice in writing delivered to CITY. Before issuance of construction permit, OWNER shall provide certificate(s) of insurance, satisfactory to CITY, certifying that OWNER, and each of OWNER'S contractors, has for the agreement period, full worker's compensation insurance coverage for all persons who are or may be employed in carrying out the work. Before issuance of construction· permit, OWNER shall provide to CITY, certificates of insurance and endorsements that OWNER has liability insurance coverage naming CITY as additional insured for both bodily injury and property damage in a single limit of not less than that specified on Schedule A for any one occurrence. Liability insurance coverage shall include each of the following types of insurance as required by the CITY to carry out this agreement. A. General Liability B. Automobile Liability 1. Comprehensive Form 1. Comprehensive Form, 2. Premises-Operations Including Loading and Unloading 3. Explosion and Collapse Hazard 2. Owned 4. Underground Hazard 3. Hired (11.11) 4 of 13 5. Products/Completed Operations 4. Non-Owned Hazard 6. Contractual Insurance 7. Broad Form Property Damage Including Completed Operations 8. Independent Contractors 9. Personal Injury Contractual insurance shall be sufficiently broad to indemnify CITY as set forth in Paragraph 4. Any liability insurance naming the CITY insured, shall include as additional insured City Council Members, CITY's Engineer and their consultants, officials, directors, Agreement - 2 of 8
January 19, 2021, Item #7officers, agents, and employees. Insurance afforded them shall be primary insurance and the amount provided shall not be reduced or prorated by reason of any other insurance they might have. Nothing contained in these insurance requirements shall limit the liability of OWNER or OWNER's insurance companies. Review and acceptance of insurance certificates shall not constitute any representation by CITY or its representative that any required insurance has been issued. 3. OWNER1S LIABILITY: OWNER shall, at OWNER's sole cost and expense, be solely and completely responsible for all matters affecting the design, prosecution, progress and completion of the work, (both on and off the job site). OWNER shall be responsible for observing all laws. OWNER shall provide for public convenience and safety, and safety of workers, including OWNER's workers and those of OWNER's contractors, subcontractors and suppliers, and others contributing to the work. OWNER shall protect CITY property . and property rights of others, including the location, maintenance and replacement of utilities, whether shown on the plans or not. OWNER shall give prior notification to utility owners. OWNER shall protect against and prevent drainage from storm runoff. OWNER shall not interfere with the lawful use by others of easements and rights-of-way. Nothing in this agreement, the specification, or other contract documents, or CITYs approval of the plans and specifications or inspection of the work, shall relieve the OWNER or contractor of full responsibility for all aspects of the work. CITY, City Council Members, CITYs Engineer, and their consultants, and each of their officials, directors, officers, employees, and agents shall have liability for any aspect of the work. 4. OWNER'S INDEMNIFICATION: OWNER shall indemnify and hold harmless CITY, City Council Members, CITY's Engineer and their consultants, and each of their officials, directors, officers, agents, and employees from and against all liability, claims, damages, losses, expenses, and other costs, including costs of defense and attorney's fees, arising out of or resulting from or in connection with the design or construction of the work, both on and off the job site, and during and after completion. This, provided any of the above, is: (1) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property (other than the work itself), including the loss of use resulting therefrom, and (2) caused in whole or in part by any act or omission of OWNER, OWNER's Engineer, any contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable. All of this regardless of whether or not it is caused in part by any act or omission (active, passive, or comparative negligence included) of a party indemnified hereunder. Said indemnification and agreement to hold harmless shall extend to injuries to persons and damages to or taking of property, resulting from the design or construction of said improvements causing the diversion of waters or from the design or construction or maintenance of drainage systems, streets and other improvements. Acceptance of these improvements by the CITY shall not constitute an assumption by the CITY of any responsibility for such damage or taking. As to any and all claims against the indemnified parties by any employee of OWNER, any contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnity obligations hereunder shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the OWNER, or any contractor, subcontractor, supplier or other person under worker's compensation acts, disability benefit acts or other employee acts. OWNER shall also indemnify and hold harmless CITY, City Council Members, CITY's (11.11) 5 of 13 Agreement -3 of 8
January 19, 2021, Item #7Engineer, and their consultants, and each of their officials, directors, officers, employees and agents from and against all losses, expenses, damages (including damages to the work itself)J attorney's fees, and other costs, including costs of defense, which any of them may incur both during and after completion with respect to any latent deficiency in the design, specifications, surveying, planning, supervision, observation of or construction of the improvements referred to herein or any injury to a person or property, real or personal, as a result of any such latent deficiency. CITY's costs shall include the cost of inspecting and restoring other portions of the work which CITY reasonably suspects may also be defective by reason of known defects in the work or other work performed by OWNER or OWNER's contractors, subcontractors, or suppliers or designed by their representatives. Provisions of this Paragraph 4 shall remain in effect ten ( 10) years following acceptance of improvements by the CITY. Nothing contained herein shall limit CITY's remedies pursuant to Code of Civil Procedure, Section 337.15. 5. SECURITY: With the execution of this agreement, OWNER shall furnish and deliver to CITY, at no expense to CITY, a payment bond and a performance bond. Each shall be in the amount of the CITY-approved estimate specified on Schedule A. Bonds shall be furnished by surety companies satisfactory to the CITY on the forms provided by CITY. No alterations or substitution of said forms will be allowed. To be acceptable, surety companies must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and/or have an "A" policy holders rating and a financial rating of Class XI or better in accordance with the current "Best's Rating." The bonds will be limited to amounts acceptable to the Treasury Department. None of the following shall in anywise affect the obligations of any surety. Each surety waives notice thereof: (a) any change, extension of time, alteration, or additions to the terms of the agreement, or the work to be performed, or the plans and specifications therefore; (b) any matters unknown to surety which might affect surety's risk except that CITY will advise surety upon request of the following: (1) any written claims it receives from unpaid subcontractors or suppliers, and (2) any written orders received from other public authorities charging violations of laws, ordinances or regulations, and (3) failure of OWNER to comply wlth any written notice to correct defective work. The obligations of OWNER shall not be limited by the amount of such bonds. 6. TYPES/AMOUNT OF SECURITY: In lieu of payment and performance bonds, OWNER may furnish CITY cash, a Letter of Credit or an Agreement of Deposit as security for performance. Said security shall be in amount no less than one hundred percent (100%) of the cost estimate and, in addition, for payment of those furnishing materials, labor or equipment in amount not less than fifty percent (50%) of the cost estimate. Said security agreements shall be on forms furnished by CITY. No alterations or substitution of said forms will be allowed. The obligations of OWNER shall not be limited by the amount of the security required. 7. COSTS AND DEPOSITS: OWNER agrees to pay CITY, on demand, the full amount of all of CITY's costs incurred in connection with the work and this agreement. These costs include, but are not limited to, plan checking, inspection, materials furnished, attorney's fees incurred in connection with preparing and negotiating this agreement, and all other expenses, including engineers and attorney's fees of CITY, directly attributable to the work and this agreement. These costs shall include a reasonable amount for CITY's overhead in connection therewith, plus any applicable fees of CITY. CITY's costs shall include the cost of inspecting and restoring other portions of the work both during and after (11.11} Agreement - 4 of 8 6 of 13
January 19, 2021, Item #7acceptance, which CITY reasonably suspects may also be defective by reason of known defects in the work or other work performed by OWNER or OWNER's contractors, subcontractors, or suppliers or designed by their representatives. OWNER shall deposit with CITY concurrently with the execution of this agreement, such sums as the CITY establishes as deposits set forth on Schedule A. Should the actual expenses be in excess of the deposit set forth on Schedule A, OWNER shall pay the amount of such excess on demand. Should the actual expenses be iess than the estimated deposit oh Schedule A, the difference1 · without interest, shall be refunded· to OWNER within ninety (90) days of acceptance of work by CITY; provided, however, the CITY shall have the right first to apply any excess monies to any other obligation which OWNER might have to CITY. Said deposit is not a trust fund and said deposit may be co-mingled wit~ other similar deposits. 8. PARTIAL UTILIZATION: Until all work has been completed and accepted by CITY and all other public authorities having jurisdiction, OWNER shall be responsible for· the care, maintenance of, and any damage to the work. When the work or any portion of it is sufficiently complete to be utilized or placed into service, CITY shall have the right upon written notification to OWNER to utilize such portions of the work and to place the operable portions into service. With this notice and commencement of utilization or operation by the CITY, OWNER shall be relieved of the duty of maintaining the portions so utilized or placed into operation. However, such use and operation shall not relieve OWNER of the full responsibility for completing the work in its entirety, for making good defective work and materials, for protecting the work from damage, and for being responsible for damage and for the work as set forth herein. Nor shall such action by CITY be deemed completion and acceptance. Further, such action shall not relieve OWNER, or OWNER's sureties and insurers, of the provisions hereof relating to indemnity and guarantees. 9. ACCEPTANCE OF PROJECT/WARRANTY: Acceptance of the work shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by CITY of any defects in the work. From and after acceptance, the work shall be owned and operated by CITY. As a condition to acceptance, OWNER and OWNER's contractor shall each certify to CITY in writing that all of the work has been performed in strict conformity with the agreement and that all costs have been paid or supply to CITY security, satisfactory to CITY, guaranteeing such performance. In addition to OWNER's other obligations under the agreement, OWNER warrants all work and materials to be of good quality and fit for the purpose and intended use. OWNER shall repair, replace, and restore any and all such work which may prove defective in workmanship and/or materials, without expense whatsoever to CITY; ordinary wear and tear and unusual abuse or neglect excepted. OWNER shall also repair, replace, and restore any other work which is displaced in correcting defective work, as well as other portions of the work which CITY by reason of such defects reasonably suspects may also be defective. OWNER shall provide a warranty bond or other security satisfactory to CITY for a period of one (1) year. Said bond or other security shall be in an amount satisfactory to CITY, but in no case less than ten (10) percent of project cost. Said bond or other security shall in no way limit the time within which CITY may bring action for breach of this warranty (CCP 337) or action for latent defects (CCP 337.15) nor the amount of such claim or judgment. In the event of a failure to commence with the compliance of above-mentioned conditions within seven (7) calendar days after being notified in writing or failure to diligently pursue such compliance to completion, CITY is hereby authorized to proceed to have the defects (11.11) 7 of 13 Agreement -5 of 8
January 19, 2021, Item #7repaired and made good at the expense of OWNER who hereby agrees to pay the cost and charges therefor immediately on demand. If, in the opinion of CITY, nonconforming work creates a dangerous condition or requires immediate correction or repair to prevent further loss to CITY or to prevent interruption of operations, CITY will attempt to give the OWNER notice. If OWNER cannot be contacted or does not comply with CITY's request for correction within a reasonable time as determined by CITY, CITY may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against OWI\J ER, who agrees to make payment for said costs upon demand. Corrective action by CITY will not relieve OWNER or OWNER's sureties or insurers of the · guarantees and indemnities of this agreement. This paragraph does not in any way limit CITY1s remedies pursuant to Code of Civil Procedure, Section 337 and 337.15, or the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a longer guarantee period. OWNER agrees to act as a co~guarantor with such manufacturer or supplier, and shall furnish CITY all appropriate guarantees or warranty certificates upon completion of the project. No manufacturers guarantee period shall in any way limit the liability of OWNER or OWNER's sureties and insurers under the indemnity or insurance provisions of this agreement. 10. EASEMENTS AND FEE INTERESTS: OWNER shall at OWNER's sole cost and expense, furnish CITY with appropriate easements and fee title to required facilities sites for the entire work, free and clear of all liens, encumbrances, restrictions, and covenants, other than current real property taxes then a lien but not yet payable. At OWNER's cost and expense, OWNER shall furnish CITY with an acceptable title insurance policy insuring CITY has title as required above with an endorsement insuring CITY against mechanic's lien claims arising out of the performance of the work. Easements shall be in standard form acceptable to CITY, shall be not less than the width CITY determines necessary to maintain the work and shall be executed and delivered to CITY concurrent with execution of this agreement. Easements shall be recorded prior to CITY accepting the work or furnishing services to any portions of the property under devefopment (other than those as may be delivered under a temporary service agreement with OWNER). 11. CONTRACTORS AND AGENTS: OWNER shall be as fully responsible to CITY for the acts and omissions of OWNER's contractor and of the persons directly or indirectly employed by OWNER's contractor as OWNER is for the acts and omissions of persons directly or indirectly employed by OWNER. Nothing contained in the agreement shall create any contractual relationship between any contractor or others and CITY. OWNER shall bind every contractor to be bound by the terms of this agreement. 12. DEFAULT BY OWNER: OWNER shall be in default of this agreement if, in the sole discretion of the CITY, OWNER refuses or fails to construct the improvements required hereby in a workmanlike manner, or OWNER refuses or fails to prosecute the work or any separable part thereof with such diligence as will ensure its completion within the time specified hereinJ or any written extension thereof, or fails to complete such work within such time, or if OWNER should be adjudged bankrupt, make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of OWNER's insolvency or if OWNER or the contractor, or any of their subcontractors violate any of the provisions of this agreement, or if OWNER fails to make prompt payment for materials or labor or if OWNER disregards laws, ordinances, or instructions of CITY. CITY shall serve written (11. 11) Agreement-6 of 8 8 of 13
January 19, 2021, Item #7notice upon the OWNER and OWNER's surety of its intention to declare this agreement in default. Said notice will contain the reasons for such intention to declare a default. Unless, within ten (10) days after the service of such notice, such violations shall cease and satisfactory arrangements for the corrections thereof be made, this agreement shall upon the expiration of said time be iri default. Upon such default, CITY shall serve written notice thereof upon the surety and OWNER, and the surety shall have the right to take over and perform this agreement. If the surety does not, within fifteen (15) days after the serving upon it of a notice of default, give CITY written notice of its intention to take over and perform this agreement or does not commence performance thereof within thirty (30) days from the date of CITY's notice, CITY may take over the work and prosecute the same to the extent of completion it deems necessary by contract or by any other method it may deem advisable for the account and at the expense of OWNER, and the surety shall be liable to CITY for any cost or other damage occasioned CITY thereby. In such event, CITY may, without liability for so doing, take possession of and utilize in completing such work, such materials, appliances, plants, and other property belonging to OWNER that may be on the site of the work and be necessary therefore. Should surety fail to take over and diligently perform the agreement upon Principal's default, surety agrees to promptly, on demand, deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all of OWNER's obligations. For any such work that CITY elects to complete by furnishing its own employees, materials, tools, and equipment, CITY shall receive reasonable compensation therefore, including costs of supervision and overhead. CITY may, at its option, elect not to complete any or all of the work and may elect not to accept any of the work already completed. If CITY elects not to accept any of the work, then all CITY's obligations to OWNER and the lands to be served shall terminate. CITY's obligations to OWNER and the lands to be served shall continue to the extent of any acceptance, subject to CITY's right to offset any sums due it. The foregoing provisions are in addition to, and not in limitation of, any other rights or remedies available to CITY. 13. REMOVAL OF IMPROVEMENTS: If the work is suspended or otherwise not continuously prosecuted for any cause whatsoever, within or without the time for completion, OWNER shall, at OWNER's sole cost and expense1 remove and replace all or any portion of the work already completed and inspected which CITY, in its sole discretion, determines is substandard, damaged, or may constitute danger to the public. 14. ATTORNEY FEES AND COSTS: Should CITY engage an attorney to enforce any provision of this agreement or to defend any claim brought by anyone arising out of the failure of OWNER to perform any of OWNER's obligations under this agreement, OWNER shall pay all of CITY's attorney's fees incurred in connection therewith, with or without suit, whether or not said attorney is in the regular employ of the CITY. 15. FUTURE CHARGES: Nothing in this agreement shall relieve OWNER or OWNER's successors or assigns of any obligation to pay any connection, installation. expansion or other fees, charges, or other expenses, including operation and maintenance expenses, required under any present or future established ordinances, rules, regulations, and policies of CITY. 16. ASSIGNMENT: The performance of the agreement may not be assigned, by OWNER except upon the written consent of CITY. Consent will not be given to any proposed (11.11) Agreement-7 of 8 9 of 13
January 19, 2021, Item #7assignment which would relieve OWNER or OWNER's sureties of their responsibilities under the agreement, unless CITY finds that assignee can perform this agreement and provide security comparable to that provided by OWNER. 17. NOTICE: All notices required hereunder shall be deemed served or given upon the earlier of actual receipt or deposit in the United States Mail, first class postage prepaid, addressed to OWNER at the address set forth below, to the surety at the address in the security instrument, and to CITY at P.O. Box 789, Poway, California 92074-0789. CITY OF POWAY By:~ ChrisHazeltine, City Manager OWNER: RREEF CPIF KIRKHAM WAY JV, LLC, a Delaware limited liability company By: RREEF CPIF Kirkham Way Member, LLC, a Delaware limited liability company, its Manager By: RREEF Core Plus Industrial REIT LLC, a Delaware limited liability company, its Member By: RREEF America, L.L.C., a Delaware limited liability company, its Investment Adviser Date: _s+-/1, ____ 1-1-l-t 'i ___ _ (Signatures Must Be Notarized) Approved as to Form: Office of the City Attorney l(/1{ VJ Alan Fenstermacher1 City Attorney Date m:\engserv\land development projects\20'I8\sti18·003 parkway sumrnit\sti•IB-003 standard agreement.docx (11.11) Agreement ~ 8 of 8 10 of 13
January 19, 2021, Item #7Californla All-Purpose Acknowledgment CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COLI NTY OF SAN DIEGO On June 24, 2019 before me, Carol 5. Legg, Notary Public, personally appeared Christopher Matthew Hazeltine, who proved to me on the basis of satisfactory evidence to be the person{-5} whose name{s} is/afe subscribed to the within instrument and acknowledged to me that he/she/~ executed the same in his/heF/theif authorized capacity(ies), and that by his/HeF/-theif signature{&,} on the instrument the person{-5¼, or the entity upon behalf of which the person{s} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~--••=•••=••·1 , CAROL S LEGG ~ .. Not•ry PL£blic • Cillforni1 i -~ S•n Di~!o County i ~ Commii~ion , 22Sl9Sll -•u " My Comm. Ex;iir~ AiJr 211, 20Zl OPTIONAL Title or type of document: Standard Agreement for construction of Public Improvements STl18-003 Document Date: Number of Pages: 6/12/2019 Eight (8) Signers Other Than Named Above: Michael Nigro for RREEF CPIF Kirkham Way, authorized signatory. 11 of 13
January 19, 2021, Item #7ILLINOIS ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Illinois County of CcP __ ~ __ _ On (V\~ Y cj l I d-0\4 before me ~ Y :A ,i\ ~\I bV\ , Notary Public (insert name and title of the officer) Personally appeared M \ e,~ae l ']-: ~t~\JO who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Illinois that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signarure ~~Q ~ SMRH:485774341. 3 060118 12 of 13 (Seal)
January 19, 2021, Item #7OWNER: RREEF CPIF KIRKHAM WAY JV, LLC, a Delaware limited liability company Agreement Date SCHEDULE A TO STANDARD AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS (STl18-003) This schedule is attached to and made a part of the Standard Agreement for Construction of Public Improvements between CITY and OWNER for the above-referenced project. The following correspond to the paragraph numbers of the agreement. 1. Completion Date: 2. Liability Insurance Limits: 3. a. Approved Cost Estimate: b. Approved Security Amount: Performance Payment (Labor & Materials). 4. Deposit/Fee Amount: Prior to issuance of first Building Permit or two (2) years from date of this agreement, whichever comes first. $2,000,000.00, combined limit each occurrence $561,621.00 $561,621.00 $280,810.50 See Note Below 5. Warranty Security Amount: ....... $5 ........ 6 ......... ,_16-'--2 ___ ._1 0 _________ _ (To be posted prior to acceptance of work) Note: Prior to start of construction, a deposit shall be paid to the City to cover inspection fees and related post-plan approval tasks. The minimum deposit shall be based on the City's fee rate at the time of payment. (2/13) Schedule A to Standard Agreement -1 of 1 13 of 13