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HomeMy WebLinkAboutAgenda Report - November 17, 2004 E-15AGENDA ITEM k+5 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving Improvement Agreement for Public Improvements of Harney lane Canal Crossing and Appropriate Funds for Applicable Reimbursements ($832,000) MEETING DATE: November 17, 2004 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution authorizing the following actions: 1. Approve the Improvement Agreement for the Harney Lane Canal Crossing Improvements, and direct the City Manager and City Clerk to execute the improvement agreement on behalf of the City. 2. Appropriate funds for applicable reimbursements. BACKGROUND INFORMATION: The project consists of widening the Woodbridge Irrigation District (WID) canal crossing at Harney Lane located east of the Century Meadows One, Unit 3 development and west of Ham Lane, as shown on Exhibit A. The widening of the canal crossing is required as a condition of approval for the adjacent Century Meadows One, Unit 3 residential development. Under the terms of the improvement agreement for that project approved by Council on November 3, 2004, the developer, K & W Development, LLC, is required to enter into a separate improvement agreement with the City covering the installation of improvements to widen the Woodbridge Irrigation District (WID) canal crossing at Harney Lane and extend a 10 -inch public water main across the WID canal. Completion of the WID canal crossing and water main improvements is required prior to acceptance of the subdivision improvements. The work in the WID right-of-way must be done during the winter when the canal is not in use. The Harney Lane WID canal crossing and associated water main extension are included in the Streets and Water Facilities categories of the Development Impact Mitigation Fee Program. Typically, the developer constructs the improvements included in the Program and is reimbursed through impact fee credits. Due to the cost and timing of this project, the developer has requested reimbursement for construction of the canal crossing improvements prior to the subdivision fee payments. Staff feels that this is a reasonable request. The developer has furnished the City with the improvement plans, improvement agreement, guarantees, insurance certificates, and fees for the proposed canal crossing project. The improvement agreement is based on a standard subdivision improvement agreement and provides for the City to reimburse the developer as the work is accomplished. The developer has prepared the plans for the project and obtained bids. The requested appropriation ($832,000) covers the reimbursable portion of the bid amount, engineering design and improvement plans, construction staking, geotechnical services and contingencies. Reimbursements will be made on a monthly basis, based on actual expenses. FUNDING: IMF— Local Street Facilities (MBC004) $ 810,000 1 — Water Facilities (MWSX006) $ 22,000 64'es R. Krueger, rinance 13irector Prepared by Sharon A. Welch, Senior Civil Engineer RCPISAWIpmf Attachment cc: Senior Civil Engineer Fujitani K & W Development, LLC APPROVED: Janet J:IDEV_SERV1CM1 _31CC_Improvement Agreement_W �a'j Ct , Richard C. Prima,Jr . Public Works Director Senior Civil Engineer Welch Baumbach & Piazza m City Manager 111912004 owCITY OF LODIPUBLIC WORKS DEP.-�RTMENT CENTURY MEADOWS ONE #3 144 1, scan .✓o qa EXHIBIT A HARDY LANE CANAL CROSSING ENGLISH OAKS L-----------. HARNEY LN - a a VICINITY MAP a r- t =71 `r i ,I ;:4 I ` ARNEY LANE '% %k ENGLISH OAKS L-----------. HARNEY LN - When Recorded, Please Return to: Lodi City Clerk P.O. Box 3005 Lodi, CA 95241-1910 RESOLUTION NO. 2004-256 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE IMPROVEMENT AGREEMENT FOR THE PUBLIC IMPROVEMENTS OF HARNEY LANE CANAL CROSSING, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE IMPROVEMENT AGREEMENT ON BEHALF OF THE CITY OF LODI, AND FURTHER APPROPRIATING FUNDS FOR THE APPLICABLE REIMBURSEMENT WHEREAS, this project consists of widening the Woodbridge Irrigation District {WID} canal crossing at Harney Lane located east of the Century Meadows One, Unit 3 development, and west of Ham Lane, as shown on Exhibit A attached; and WHEREAS, the widening of the canal crossing is required as a condition of approval for the adjacent Century Meadows One, Unit 3 residential development. Under the terms of the Improvement Agreement for that project approved by Council on November 3, 2004, the developer, K & W Development, LLC, is required to enter into a separate Improvement Agreement with the City covering the installation of improvements to widen the WID canal crossing at Harney Lane and extend a ten -inch public water main across the WID canal. Completion of the WID canal crossing and water main improvements is required prior to acceptance of the subdivision improvements; and WHEREAS, the work in the WID right-of-way must be done during the winter when the canal is not in use. The Harney Lane WID canal crossing and associated water main extension are included in the Streets and Water Facilities categories of the Development Impact Mitigation Fee Program; and WHEREAS, typically, the developer constructs the improvements included in the Program and is reimbursed through impact fee credits. Due to the cost and timing of this project, the developer has requested reimbursement for construction of the canal crossing improvements prior to the subdivision fee payments, and staff feels that this is a reasonable request; and WHEREAS, the developer has furnished the City with the improvement plans, Improvement Agreement, guarantees, insurance certificates, and fees for the proposed canal crossing project; and WHEREAS, the Improvement Agreement is based on a standard subdivision Improvement Agreement and provides for the City to reimburse the developer as the work is accomplished. The developer has prepared the plans for the project and obtained bids. The requested appropriation {$832,000} covers the reimbursable portion of the bid amount, engineering design and improvement plans, construction staking, geotechnical services, and contingencies. Reimbursements will be made on a monthly basis, based on actual expenses; and WHEREAS, staff therefore recommends that the City Council take the following actions with regard to the Public Improvements of Harney Lane Canal Crossing project: 1. Approve the Improvement Agreement for the Public Improvements of Harney Lane Canal Crossing and direct the City Manager and City Clerk to execute the Improvement Agreement on behalf of the City of Lodi; and 2. Appropriate $832,000 from the following funds for the applicable reimbursements to the developer: IMF - Local Street Facilities (MBC004) $810,000 IMF - Water Facilities (MWSX006) $ 22,000 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi hereby finds as follows: Approves the Improvement Agreement for the Public Improvements of Harney Lane Canal Crossing and directs the City Manager and City Clerk to execute the Improvement Agreement on behalf of the City of Lodi; and 2. Appropriates $832,000 from the following funds for the applicable reimbursements to the developer: IMF — Local Street Facilities (MBC004) $810,000 IMF -- Water Facilities (MWSX006) $ 22,000 Dated: November 17, 2004 I hereby certify that Resolution No. 2004-256 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 17, 2004, by the following vote: AYES: COUNCIL MEMBERS - Beckman, Hitchcock, Howard, Land, and Mayor Hansen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLAC ON City Clerk 2004-256 F LODI i DEPARTMENT CENTURY MEADOWS ONE #3 $ crn EXHIBIT A HAR EY LANE CANAL CROSSING FEi VICINITY MAP EY LANE ENGLISH OAKS F ,-_.,,,._--.....-_ __...,. HARNEY LN CITY COUNCIL LARRY D. HANSEN, Mayor JOHN BECKMAN Mayor Pro Tempore SUSAN HITCHCOCK EMILY HOWARD KEITH LAND CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http.\\www.lodi.gov November 11, 2004 K & W Development, LLC Baumbach & Piazza 816 W. Lodi Avenue 323 W. Elm Street Lodi, CA 95240 Lodi, CA 95240 JANET S. KEETER Interim City Manager SUSAN J. BLACKSTON City Clerk D. STEVEN SCHWABAUER City Attorney RICHARD C. PRIMA, JR. Public Works Director SUBJECT: Adopt Resolution Approving Improvement Agreement for Public Improvements of Harney Lane Canal Crossing and Appropriate Funds for Applicable Reimbursements ($832,000) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, November 17, 2004. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Susan Blackston, City Clerk, at 333-6702. If you have any questions about the item itself, please call Sharon Welch, Senior Civil Engineer, at 333-6800, extension 2659. Richard C. Prima, Jr. Y Public Works Director RCPlpmf Enclosure cc: C.lty Clerk NCC -IMPROVEMENT AGREEMENT WIDCANALCROSS.DOC