HomeMy WebLinkAboutAgenda Report - December 6, 2006 E-07ASENDA fTII:M el
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AGEN13A TITLE: Approve Improvement Agreement for Public Improvements for
555 North Guild Avenue
MEETING DATE: Decen0ber 6, 2006
PRIEPA ED BY: Public='Works Director
RECOMMENDED DED ACTION: Approve the Improvement Agreement for the Public Improvements
for 555 North Guild Avenue and direct the City Manager and
City Clerk to execute the agreement on behalf of the City.
BACKGROUND INFORMATION: The project is located at 555 North Guild Avenue and consists of a
corporate office and warehouse space for Clark's Pest Control
Company.
The developer, Clarkson Callornia Properties, has furnished the City with improvement plans, necessary
agreements, guarantees and insurance certificate for the proposed project. The developer also paid the
required Development Impact Mitigation Fees (IMF) ($466,655.59) and the improvement agreement
prepara#on fee and other miscellaneous fees ($12,736.20). The IMF fees paid were based upon the
dual usage (commercial and Industrial warehouse) of the property resulting in higher fee assessments
than if solely based upon the light industrial zoning, as has been the past practice.
The improvements include installation of street pavement improvements, curb, gutter, and sidewalks,
hydrants and miscellaneous storm drainage system on Guild Avenue.
The project is also in the process of being annexed into the Lodi Consolidated Landscape and
Maintenance District 2003-1 to cover the cost of the future traffic signal maintenance at Guild Avenue and
Victor Road, median landscaping in Victor Road, and park maintenance associated with the development.
FISCAL IMPACT: There will be a slight increase in long-term maintenance costs for public
infrastructure, such as streets, water, wastewater and storm drain facilities, and
City services, such as police and fire. The maintenance and replacement costs
for the future traffic signal at Guild Avenue and Victor Road, median
landscaping in Victor Road, and the expected increases in park maintenance costs will be funded through
the Lodi Consolidated Landseape Maintenance District 2003-1.
FUNDING AVAILABLE: Not applicable. Costs associated with the agreement will be paid by the
developer.
Richard C. Prima, Jr.
Public Works Director
Prepared b.V Lyman Chang, Associate Civil Engineer
RCPILClprttf
CC: Senior Civil Engineer Fuiltani Associate Civil Engineer Chang
Clarkson CaNfomia Properties
APPROVED:
Blair Kin y Manager
J'DEV_SEI \CCImpAgreemeni_555NGuildufoc 1111712006
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
555 N. Guild Avenue
049-080-17
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City", and Clarksons California Properties, hereinafter referred to as "Developer".
RECITALS:
Developer has applied to the City for issuance of a building permit allowing Developer to build on
that parcel known as 555 N. Guild Avenue.
Developer has requested issuance of the building permit (1317358) prior to the construction and
completion of public improvements as required as a condition of approval of the construction of a
new officetwarehouse building, including all streets, highways or public ways and public utility
facilities which are a part of, or appurtenant to, the development, hereinafter called "project", all in
accordance with, and as required by, the plans and specifications for all or any of said
improvements in, appurtenant to, or outside the limits of project, which plans and specifications
are now on file in the office of and endorsed with the approval of the Public Works Director or his
designee.
The City will issue to Developer the building permit on the condition that Developer first enter into
and execute this agreement with City and meet other City code requirements pertaining to building
permit issuance.
This agreement is executed pursuant to the provisions of Title 15 of the Lodi Municipal Code.
NOW THEREFORE, for and in consideration of the acceptance of the dedications offered, and in
order to insure satisfactory performance by Developer of Developer's obligations under State law
and City code, the parties agree as follows:
Performance of Work by Developer
Developer will do and perform, or cause to be done and performed at Developer's own
expense, in a good and workmanlike manner, and furnish all required materials, all under
the direction and to the satisfaction of the Public Works Director, all of the work and
improvements as shown on the approved improvement plans for the project, Drawing
Nos. 006D012-01 through 006D012-03, which are on file in the Public Works Department.
The Developer shall also perform or cause to be performed the following items which are
not shown on the improvement plans:
A. Street light installation and connection to City system
B. Natural gas line installation
C. Telephone line installation
D. Electrical system
2. Development Changes
Developer shall also perform all work and furnish all materials necessary to comply with
any changes required by the Public Works Director, which, in his opinion, are necessary
impagmt (rev. 11/13/2006)
or required to complete the work in conformance with City Standards or are the result of
changed conditions.
3. Performance of Work by City
Prior to the issuance of the building permit by the City, it is agreed that the Developer
shall deposit with the City the amount of money shown as the "Developer Cost" on Billing
Schedule attached hereto and by this reference made a part hereof.
From payments made under Billing Schedule, Developer elects to have the City perform
or install or cause the installation of the following items:
A. Street seal coat
B. Televideo inspection of the public storm drain lines. The fee shown on the Billing
Schedule is based on the linear footage of the storm drain pipe, including laterals,
shown on the improvement plans. The fee will be adjusted, if necessary, when
the televideo inspection is complete. Any additional fee must be paid prior to
project acceptance.
Developer shall also pay all additional costs for work performed by City forces deemed by
the Public Works Director necessary to complete the work under this agreement in
conformance with City Standards.
4. Development Impact Mitigation Fees
Development Impact Mitigation Fees for water, wastewater, street and storm drain
facilities, police fire, park and recreation and general City facilities are being paid as a
condition of the building permit issuance (1317358).
Work: Time for Commencement and Performance
Developer shall, within 365 calendar days from the date of this agreement, perform or
cause to be performed all work and/or improvements described under this agreement. At
least 15 calendar days prior to the commencement of work hereunder, Developer shall
notify the Public Works Director of the date fixed by Developer for commencement
thereof so that City can provide inspection services.
6. Time Extension
Time is of the essence of this agreement. The City may extend the time for completion of
the improvements hereunder. Any such extension may be granted without notice to the
Developer's surety, and extensions so granted shall not relieve the surety's liability on the
bond to secure the faithful performance of this agreement. The City Council shall be the
sole and final judge as to whether or not good cause has been shown to entitle Developer
to an extension.
7. Record Drawings and Certifications
Prior to acceptance of the project improvements, the Developer shall have provided
record drawings and certifications as described in the City of Lodi Public Improvement
Design Standards.
8. Permits: Compliance with Law
Developer shall, at Developer's expense, obtain all necessary permits and licenses for the
construction of such improvements, give all necessary notices and pay all fees and taxes
required by law.
impagmt (rev. 11/13/2006)
9. Superintendence by Developer
Developer shall give personal superintendence to the work on said improvement, or have
a competent agent, foreman or superintendent, satisfactory to the Public Works Director,
on the work at all times during progress, with authority to act for Developer.
10. Inspection by City
Developer shall at all times maintain proper facilities and provide safe access for
inspection by City to all parts of the work. Inspections will be provided during normal
working hours. Developer will be billed for inspections on work performed on weekends,
holidays and overtime.
11. Contract Security
Concurrently with the execution hereof, Developer shall furnish Improvement Security of
at least 100% of the estimated cost of public improvements plus engineering costs of
surveying, record drawings and certifications as security for the faithful performance of
this agreement and repair or replacement of defective work under Paragraph 16 following;
and an amount equal to at least 50% of the above costs as security for the payment of all
persons performing labor and furnishing materials in connection with this agreement as
more fully described in the State Subdivision Map Act.
The City has determined these security amounts to be as follows:
Faithful Performance $67,000.00
Labor and Materials $33,500.00
12. Hold -Harmless Agreement
Developer hereby agrees to, and shall, hold City, its elective and appointive boards,
commissions, officers, agents and employees, harmless from any liability for damage or
claims for damage for personal injury, including death, as well as from claims for property
damage which may arise from Developer's or Developer's contractors', subcontractors',
agents' or employees' operations under this agreement, whether such operations be by
Developer or by any of Developer's contractors, subcontractors, or by any one or more
persons directly or indirectly employed by, or acting as agent for, Developer or any of
Developer's contractors or subcontractors. Developer agrees to, and shall, defend City
and its elective and appointive boards, commissions, officers, agents and employees
from any suits or actions at law or in equity for damages caused, or alleged to have been
caused, by reason of any of the aforesaid operations; provided as follows:
A. That City does not, and shall not, waive any rights against Developer which it may
have by reason of the aforesaid hold -harmless agreement, because of the
acceptance by City, or the deposit with City by Developer, of any of the insurance
policies described in Paragraph 13 hereof.
B. That the aforesaid hold -harmless agreement by Developer shall apply to all damages
and claims for damages of every kind suffered, or alleged to have been suffered, by
reason of any of the aforesaid operations referred to in this paragraph, regardless of
whether or not City has prepared, supplied or approved of, plans and/or specifications
for the subdivision, or regardless of whether or not such insurance policies shall have
been determined to be applicable to any of such damages or claims for damages.
13. Developer's Insurance
Developer shall not commence work under this agreement until Developer shall have
obtained all insurance required under this paragraph, nor shall Developer allow any
contractor or subcontractor to commence work on Developer's contract or subcontract
impagmt (rev. 11/13/2006)
until all similar insurance required of the contractor or subcontractor shall have been so
obtained. 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. Compensation Insurance
Developer shall maintain, during the life of this agreement, Worker's Compensation
Insurance for all Developer's employees employed at the site of improvement, and in
case any work is sublet, Developer shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance for all contractors' or
subcontractors' employees, unless such employees are covered by the protection
afforded by Developer. Developer hereby indemnifies City for any damage resulting
to it from failure of either Developer or any contractor or subcontractor to take out or
maintain such insurance.
B. Comprehensive General and Automobile Insurance
Developer shall take out and maintain during the life of this agreement such
insurance as shall insure City, its elective and appointive boards, commissions,
officers, agents and employees, Developer and any contractor or subcontractor
performing work covered by this agreement from claims for damages for personal
injury, including death, as well as from claims for property damage which may arise
on the subdivision property, including any public streets or easements, from
Developer's or any contractors' or subcontractors' operations hereunder, whether
such operations be by Developer or any contractor or subcontractor or by anyone
directly or indirectly employed by either Developer or any contractor or subcontractor,
and the amount of such insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Bodily Injury - Each Occurrence/Aggregate
$1,000,000 Property Damage - Each Occurrence/Aggregate
or
$1,000,000 Combined Single Limit
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury - Each Person
$1,000,000 Bodily Injury - Each Occurrence
$1,000,000 Property Damage - Each Occurrence
or
$1,000,000 Combined Single Limit
Developer must have comprehensive automobile liability only if Developer's vehicles
are used on-site.
NOTE: Developer agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which
is at least consistent with the claims period or statutes of limitations found in the
California Tort Claims Act (California Government Code Section 810 et seq.).
"Claims made" coverage requiring the insureds to give notice of any potential liability
during a time period shorter than that found in the Tort Claims Act shall be
unacceptable.
impagmt (rev. 11/13/2006) 4
A copy of the certificate of insurance with the following endorsements shall be
furnished to the City:
A. Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its
elected and appointed boards, commissions, officers, agents and employees as
additional named insured insofar as work performed by the insured under written
contract with the City of Lodi. This endorsement shall be on the form furnished by
the City and shall be included with Developer's policies.
B. Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the additional insureds
shall apply as primary insurance. Any other insurance maintained by the City of
Lodi or its officers and employees shall be excess only and not contributing with
the insurance afforded by this endorsement.
C. Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein
of more than one insured shall not operate to increase the limit of the company's
liability.
14. Evidence of Insurance
Developer shall furnish City, concurrently with the execution hereof, with satisfactory
evidence of the insurance required and evidence that each carrier is required to give City
at least 30 days prior notice of the cancellation or reduction in coverage of any policy
during the effective period of this agreement. The address of the City of Lodi must be
shown on the certificate of insurance, i.e., City of Lodi, 221 West Pine Street, Lodi, CA
95240.
15. Title to Improvements
Title to, and ownership of, all public improvements constructed hereunder by Developer
shall vest absolutely in City upon completion and acceptance of such public
improvements by City.
16. Repair or Reconstruction of Defective Work
If, within a period of 1 year after final acceptance by City of the work performed under this
agreement, any structure or part of any structure furnished and/or installed or
constructed, or caused to be installed or constructed by Developer, or any of the work
done under this agreement, including the mitigation measures for dust and erosion
control, fails to fulfill any of the requirements of this agreement plans and specifications
referred to herein, Developer and Developer's surety shall, without delay and without cost
to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should Developer or Developer's surety fail to act promptly
or in accordance with this requirement, or should the exigencies of the case require
repairs or replacements to be made before Developer can be notified, City may, at its
option, make the necessary repairs or replacements or perform the necessary work, and
Developer shall pay to City the actual cost of such repairs plus 15% for administration and
overhead costs.
17. Repair or Replacement of City -owned Bypass Meter Assemblies
The Developer is required by the City to install bypass meter assemblies in conjunction
with the installation of water mains in the City of Lodi. The City will supply these
assemblies upon receipt of a deposit in the amount of $5,000.00 for each assembly
impagmt (rev. 11/13/2006)
required. The purpose of the deposit is to guarantee the return of the assembly in good
condition and fulfillment of the other obligations shown in the City's Policies and
Procedures entitled "Metering Water Usage of New Water Mains Requiring Temporary
Bypasses", a copy of which is attached hereto and made a part hereof.
18. Mud, Debris, Dust and Erosion
Developer agrees and covenants not to permit mud or other debris to be tracked from the
construction site or elsewhere onto City or County streets or onto private property without
express permission. Developer further agrees not to cause damage to City or County
streets.
Should any mud or debris be deposited in City or County streets or any damage caused
to City or County streets, the Developer shall have the same removed or repaired
forthwith, and if not removed or repaired upon notice within a specified time, the City shall
cause the same to be removed or repaired and the Developer shall be charged for the
cost of said removal or repairs.
The Developer, Developer's contractor and/or agents shall be responsible so no dust or
erosion problems are created during construction, including installation of telephone,
electrical, cable television and gas facilities. Developer's responsibility for dust and
erosion control shall extend to include a period of one year from the date of final
acceptance by the City of the work performed under this agreement.
If a dust or erosion problem arises during development or within a period of one year from
the date of final acceptance by the City of the work performed under this agreement,
including but not limited to installation of telephone, electrical, cable television, and/or gas
facilities, and has not, after notice, been abated by Developer within a specified period of
time, the City shall cause the same to be controlled, and the Developer shall be charged
with the cost of said control.
19. Fire Protection During Construction
Fire protection facilities approved by the Fire Chief, including all-weather access road and
an approved water supply capable of supplying the required fire flow, shall be installed
and made serviceable in accordance with the City fire code prior to and during the time of
building construction. The above may be modified when alternate methods of protection
approved by the Fire Chief are provided.
20. Protection of Existing Improvements
Damage to any existing improvements or private or public utility lines installed or being
installed which damage occurs during the onsite and offsite construction required of
Developer shall be the absolute responsibility and liability of Developer. In other words, it
shall be the Developer's responsibility to pay for damage to existing improvements and
public or private utilities within the development. Damage to any existing facilities outside
the limits of the subdivision damaged as part of the construction of the required
subdivision improvements is also the Developer's responsibility.
21. Dwelling Occupancy
The City will not allow occupancy of any building or structure within the project until all
deferred fees have been paid, public improvements have been approved and accepted by
the Public Works Department per established City policy and other requirements of the
City codes have been met. If building is started prior to acceptance of the improvements,
it is the Developer's responsibility to inform all prospective purchasers that occupancy will
not be permitted until said deferred fees are paid and public improvements are so
accepted.
impagmt (rev. 11/13/2006) 6
22. Developer Not Agent of Citv
Neither Developer nor any of Developer's agents or contractors are or shall be considered
to be agents of City in connection with the performance of Developer's obligations under
this agreement.
23. Notice of Breach and Default
If Developer refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within the time specified, or any
extensions thereof, or fails to obtain completion of said work within such time, or if the
Developer should be adjudged bankrupt, or Developer should make a general
assignment for the benefit of Developer's creditors, or if a receiver should be appointed in
the event of Developer's insolvency, or if Developer or any of Developer's contractors,
subcontractors, agents or employees, should violate any of the provisions of this
agreement, the Public Works Director or City Council may serve written notice upon
Developer and Developer's surety of breach of this agreement, or any portion thereof, and
the default of Developer.
24. Breach of Agreement, Performance by Surety or Citv
In the event of any such notice, Developer's surety shall have the duty to take over and
complete the work and the improvements herein specified; provided however, that if the
surety, within five days after the serving upon it of such notice of breach, does not give
City written notice of its intention to take over the performance of the contract, and does
not commence performance thereof within 5 days after notice to City of such election, City
may take over the work and prosecute the same to completion, by contract or by any
other method City may deem advisable, for the account and at the expense of Developer,
and Developer's surety shall be liable to City for any excess cost or damage 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 Developer as may be on the site of the work and necessary therefor.
impagmt (rev. 11/13/2006)
25. 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:
Richard C. Prima, Jr.
Public Works Director
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-1910
Notices required to be given to Developer shall be addressed as follows:
Notices required to be given to Developer's agent shall be addressed as follows:
Notices required to be given to surety shall be addressed as follows:
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Provided that either 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.
impagmt (rev. 11/13/2006)
26. Execution
In Witness Whereof, Developer and City have caused their names to be hereunto affixed
and the City of Lodi has caused its corporate name and seal to be hereunto affixed by its
proper officers thereunto duly authorized.
DEVELOPER r.�-•-.�
Date
Ca
(CORPORATE SEAL)
CITY OF LODI, A MUNICIPAL CORPORATION
By:
Blair King, City Manager Date
ATTEST:
Randi Johl, City Clerk
APPROVED AS TO FORM:
Stephen D. Schwabauer, City Attorney
impagmt (rev. 11/13/2006)
Date
CITY COUNCIL CITY OF L O D I
SUSAN HITCHCOCK, City
M KING,
C
Mayor City Manager
BOB JOHNSON, RANDI JOHL,
Mayor Pro Tempere City Clerk
JOHN BECKMAN -
LARRY D. HANSEN D. STEPHEN SCHWABAUER,
City Attorney
JOANNE MOUNCE PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET 1 P.O. BOX 3006 RICHARD C. PRIMA, JR.,
LODI. CALIFORNIA 95241-1910 Public Works Director
TELEPHONE (209) 333-6706 / FAX (209) 333-6710
EMAIL pwdept@iodi.gov
http://www.lodi.gov
November 30, 2006
Clwkson California Properties
40$ W. Pine Street
Logi, CA 95240
SUBJECT: Approve Improvement Agreement for Public Improvements for
555 North (Duild Avenue
Enclosed is a copy of b ground information on an item on the City Council agenda of
Wrtdnesday, December . , 2006. The meeting will be held at 7 p.m. in the
City Counc N Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consont calendar and is usually not discussed unless a
Council Member reque* 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 3iD06, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the leiter 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
caed (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 Randi Johi, City Clerk, at 333-6702.
If you have any questions about the item itself, please call Lyman Chang,
Associate Civil Engineer, at 333-5$00, extension 2665.
%7r.
c Richard C. Prima, Jr.
TUr: Public Worcs Director
RCP/pmf
Ervlosure
Ca Cit# CIO*
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