HomeMy WebLinkAboutAgenda Report - March 19, 2008 E-08AGENDA ITEM Epwrf
CITY OF LODI
COUNCIL COMMUNICATION
M
AGENDA TITLE: Adopt Resolution Approving Improvement Agreement for Public
Improvements of 1337 East Kettleman Lane (APN 049-250-87) (Plummer)
MEETING DATE: March 19,2008
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution approving the Improvement Agreement for the
Public Improvements of 1337 East Kettleman Lane (APN 049-250-87)
and authorizing the City Manager to execute the agreement on behalf
of the City.
BACKGROUND INFORMATION: The project is located on the north side of Kettleman Lane, east of
Pixley Parkway, as shown on ExhibitA.
The developer, Dennis W. Plummer, has furnished the City with improvement plans, necessary
agreements, guarantees and insurancefor the proposed project. The developer also paid the required
improvement agreement preparation fee and other miscellaneous fees ($29,992.06). Development
Impact Mitigation Fees will be collected at the time of building permit issuance.
The improvementsare being installed in conformancewith the conditions of approval for a tentative
parcel map (07-P-07) to divide the existing parcel into three parcels. One of the three parcels
(1343 East Kettleman Lane) is the site of the Tuscany Comfort Suites project. The improvements include
water, wastewater, and storm drain facilities to serve the proposed parcels and street improvements
along the Kettleman Lane frontage of the project site.
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.
FUNDING AVAILABLE: Not applicable.
Richard C. Prima, Jr.
Public Works Director
Prepared by Sharon A. Welch, Senior Civil Engineer
Attachments
cc: Senior Civil Engineer Fujitani
Dennis W. Plummer
Baumbach& Piazza
APPROVED
Blair ity Manager
K:IWP%DEV_SERVICC ImpAgmt_1337F-KetHeman.doc
3!1312008
IMPROVEMENTAGREEMENT
for the
PUBLIC IMPROVEMENTS
of
1337 E. Kettleman Lane
(APN 049-250-87)
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City", and DENNIS W. PLUMMER, hereinafter referred to as "Developer".
RECITALS:
Developer has presented to City for approval a final parcel map, hereinafter called "map", and
necessary street and easement dedications shown thereon, or provided under separate
instrument.
Developer has requested approval of the map prior to the construction and completion of public
improvements, 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.
Council of the City will accept the dedications offered on condition that Developer first enter into
and execute this agreement with City; and
This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of
California and Title 15 and 16 of the Lodi City 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. 007D011-01 through 007D01 1-10,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
E. Cable television system
Development Chancies
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
or required to complete the work in conformance with City Standards or are the result of
changed conditions.
K \DEV_SERV\Developments\Commercial-Industrial\1337 E Kettleman Ln\improvement agreement.doc(rev. 02/27/2008)
3. Performance of Work by City
Prior to the approval of the final map 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. Fire hydrant markers
C. 10" x 18" Hot Tap on the existing 10 -inch public water main in the private cul de
sac northeast of the project site.
D. Televideo inspection of the public sewer and storm drain lines. The fee shown on
the Billing Schedule is based on the linear footage of sewer and 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.
E. Inspection of private wastewater and storm drain facilities as shown on the
attached Cost Estimate for Inspection of Private Improvements.
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. Street Easement Dedications
Developer shall acquire, without cost to the City of Lodi, street easements to the approval
of the Public Works Director to allow construction of street improvements along the
Kettleman Lane frontage of the adjacent parcel to the east (049-250-51) as shown on the
approved plans. The Developer's engineer shall provide the legal descriptions and City
staff will prepare the easement deeds. Developer shall have the deeds executed by the
property owners, notarized and returned to the City prior to the start of construction for the
improvements within the areas to be dedicated.
Development Impact Mitigation Fees
Development Impact Mitigation Fees for water, wastewater capacity, street
improvements, storm drain, police, fire, parks and recreation and general City facilities are
required for this project. The fees shall be paid at the the time of building permit issuance
for each parcel and may not be prepaid. In conformance with LMC 15.64.050, the fees
are automatically adjusted on January 1 of each year. Fees may also be adjusted at
other times by separate City Council action. The actual fees to be paid will be those in
effect at the time of payment. This agreement shall in no way limit the City's ability to
charge the the fees in effect at the time of fee payment.
6. 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.
Time FxtPnsinn
Time is of the essence of this agreement. The City may extend the time for completion of
the improvements hereunder under the terms of an addendum to this agreement which
shall be approved by the City Manager. Any such extension may be granted without
notice to the Developer's surety, and extensions so granted shall not relieve the surety's
K:\DEV_SERV\Developments\Commercial-Industrial\1337 E KettlemanLn\improvement agreement.doc(rev. 02/27/2008)
liability on the bond to secure the faithful performance of this agreement. The City
Manager shall be the sole and final judge as to whether or not good cause has been
shown to entitle Developer to an extension.
Record Drawings and Certifications
Prior to acceptance of the project improvements, the Developer shall have (installed and
in place all survey monuments as shown on the Map and) provided record drawings and
certifications as described in the City of Lodi Public Improvement Design Standards.
9. 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.
10. 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.
11. 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. Developer shall also pay all additional costs incurred by City for
soils and materials testing and/or inspection services required as a part of City inspection
activities.
12. Contract Security
Concurrently with the execution hereof, Developer shall furnish Improvement Security of
at least 100% of the estimated cost of public improvements plus deferred fees and
engineering costs of surveying, record drawings and certifications as security for the
faithful performance of this agreement; and an amount equal to at least 50% of the above
costs, excluding deferred fees, 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 $ 313,400.00
Labor and Materials $ 156,700.00
13. Warrantv Security
Prior to acceptance of the project improvements by the City, Developer shall furnish
Warranty Security of at least 10% of the total cost of the public improvements as security
for repair or replacement of defective work under Paragraph 18 following. The warranty
period shall be two (2) years following the date of acceptance of the improvements. If any
portion of the project receives partial acceptance during the course of construction, the
warranty period for all required project improvements shall commence upon the date of
final acceptance for the entire project.
14. Hold -Harmless Acireement
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
KADEV_SERV\Developments\Commercial-Industrial\1337 E Kettleman Ln\improvement agreement.doc(rev 02/27/2008)
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 15 hereof.
B. That the aforesaid hold -harmless agreement by Developer shalt 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 project, 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.
15. 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
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 project 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
$2,000,000 Bodily Injury- Each Occurrence/Aggregate
$2,000,000 Property Damage - Each Occurrence/Aggregate
or
$2,000,000 Combined Single Limit
K\DEV_SERV\Developmenls\Commercial-Industrial\1337 E KettlemanLn\improvement agreementdoc(rev 02/27/2008)
COMPREHENSIVE AUTOMOBILE LIABILITY
$2,000,000 Bodily Injury- Each Person
$2,000,000 Bodily Injury- Each Occurrence
$2,000,000 Property Damage - Each Occurrence
or
$2,000,000 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.
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 underwritten
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. Severabilitv 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.
16. 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.
17. 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.
K\DEV_SERV\Developments\Commercial-Industrlal\1337 E KetllemanLMimprovement agreement.doc(rev. 02/27/2008)
18 Repair or Reconstruction of Defective Work
If, within a period of 2 years 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.
19. Repair or Replacement of City -owned Bvpass 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
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.
20. 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 two years 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 two years
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.
21. 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.
K:\DEV_SERV\Developments\Commercial-Industrial\1337 E Kettleman Lnlimprovement agreement.doc(rev. 02/27/2008)
22. 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 project damaged as part of the construction of the required project
improvements is also the Developer's responsibility.
23. 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.
24. Developer Not Agent of City
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.
25. 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.
26. Breach of Aureement; Performance by Surety or City
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.
KADEV_SERV\Developments\Commercial-Industrial\1337 E Kettleman Ln\improvement agreement.doc(rev. 02/27/2008)
27. 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:
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.
K\DEV_SERV\Developments\Commercial-Industrial\1337 EKettleman Ln\improvementagreemenl.doc(rev. 02/27/2008)
28. Execution
In Witness Whereof, Developer and C,ty nave caused the r names to be hereunto affixeo
and the City of Lodi has ca,.sed its corporate name and seal to be hereunto affixeo by its
proper officers thereunto du.y autnorized
DEVELOPER
Date
CITY OF LODI, A MUNICIPAL CORPORATION
By:
Blair King, City Manager
ATTEST:
(CORPORATE SEAL)
Date
ani Johl, CityClerk Date
APPROVED AS TO FORM:
D. Stephen Schwabauer, City Attorney
K�NDEV SERVSDeveloprnenlsTzm *inial-Induslrianl337 E Ke111eman LnLmprovemanl 6greerrenl.dogrev. 02117/2008)
BILLING SCHEDULE
Development: 1337 E. Kettleman Lane
Developer: Dennis W. Plummer
Engineer: Baumbach & Piazza
Date: 2/22/08
Gross Acreage: 5.44
No. of Units: n/a
STREET SYSTEM
Fees:
Charges for work by City Forces:
Seal Coat (1001.5411.4) 13,392 SF @ $
Pavement Markers: (1001.5411.4)
Laneline or Fire Hydrant ($40 min.) 1 EA @ $
STREET SYSTEM SUBTOTAL
SEWER SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection (1701.6525) 581 LF @ $
SEWER SYSTEM SUBTOTAL
WATER SYSTEM
Fees:
Charges for work by City Forces: (1801.6522)
Ties to Existing System by City
10" x 8" Hot Tap (1)
WATER SYSTEM SUBTOTAL
STORM DRAIN SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection (1701.6525)
STORM DRAIN SYSTEM SUBTOTAL
0.05 $669.60
8.00 40.00
$709.60 $0.00
1.50 $871.50
$871.50 $0.00
Lump Sum $ 3,225.11 $3,225.11
$3,225.11
583 LF @ $ 1.50 $874.50
$874.50
$0.00
$0.00
ELECTRICAL SYSTEM
To be billed separately by Electric Utility Department
TOTAL AMOUNT OF BILLING SCHEDULE $35,784.06 $5,792.00
NET AMOUNT TO BE PAID BY DEVELOPER TO CITY $29,992.06
PRIOR TO MAP APPROVAL
K:\DEVSERV\Developments\Commercial-Industrial\1337 E Kettleman WImprovementAgreement.xls
DEVELOPER
COST CREDITS
ENGINEERING
Plan Check Fee (5.0% of
$100,000)
(1001.6121)
$ 5,000.00
(3.5% of
$213,400)
(1001.6121)
7,469.00
Inspection Fee (4.0% of
$250,000)
(1001.6104)
10,000.00
(3.5% of
$169,553)
(1001.6104)
5,934.35
Plan Check Fee Paid
(1001.6121)
$ 5,792.00
Improvement Agreement
(1001.6121)
$1,700.00 $
ENGINEERING SUBTOTAL
$ 30,103.35 $ 5,792.00
STREET SYSTEM
Fees:
Charges for work by City Forces:
Seal Coat (1001.5411.4) 13,392 SF @ $
Pavement Markers: (1001.5411.4)
Laneline or Fire Hydrant ($40 min.) 1 EA @ $
STREET SYSTEM SUBTOTAL
SEWER SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection (1701.6525) 581 LF @ $
SEWER SYSTEM SUBTOTAL
WATER SYSTEM
Fees:
Charges for work by City Forces: (1801.6522)
Ties to Existing System by City
10" x 8" Hot Tap (1)
WATER SYSTEM SUBTOTAL
STORM DRAIN SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection (1701.6525)
STORM DRAIN SYSTEM SUBTOTAL
0.05 $669.60
8.00 40.00
$709.60 $0.00
1.50 $871.50
$871.50 $0.00
Lump Sum $ 3,225.11 $3,225.11
$3,225.11
583 LF @ $ 1.50 $874.50
$874.50
$0.00
$0.00
ELECTRICAL SYSTEM
To be billed separately by Electric Utility Department
TOTAL AMOUNT OF BILLING SCHEDULE $35,784.06 $5,792.00
NET AMOUNT TO BE PAID BY DEVELOPER TO CITY $29,992.06
PRIOR TO MAP APPROVAL
K:\DEVSERV\Developments\Commercial-Industrial\1337 E Kettleman WImprovementAgreement.xls
City of Lodi
Publics Works Department COST ESTIMATE
FOR
IMPROVEMENT SECURITY
Development: 1337 E. Kettleman Lane Acres: 5.44
Developer. Dennis W. Plummer Date. 2/22/08
Engineer: Baumbach & Piazza
A. DEVELOPER COST B COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER
Quantity
1
472
5.850
5.860
5,850
13,392
122
5,554
1,455
458
61
30
162
2,850
1
1
1
126
1
215
1
1
1
2
1
1
1
1
5
ubtotal
$1,078.35
9,912.00
1,372.00
2,058.00
14,406.00
22,766.40
488.00
39,924.00
4,355.00
2,748.00
571.00
300.00
5,994.00
8,580.00
1,500.00
2,800.00
5,134.00
252.00
513.00
4,515.00
513.00
308.00
1,800.00
5,134.00
2,800.00
2,000.00
1,027.00
4,107.00
$158,234.07
1 $5.134.00
ubtotal $5,134.00
42 $1,51200
1 4,00000
ubtotal $5,512.00
Quantity
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Subtotal Street System
10% Engineering & Administration
Total Street System
0
Subtotal Storm Drain System
10% Engineering&Administration
Total Storm Drain System
0
0
Subtotal Sanitary Sewer System
10% Engineering&Administration
Total Sanitary Sewer System
Total
$0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
000
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
$0.00
$0.00
0.00
$000
$0.00
TOTAL COST OF PROJECT IMPROVEMENTS
Item
Descriotion
Quantity
Unit
Price
Total
Street Svstem
1
Clearing &Grubbing
1
Acre
$1,027.00
$1,078.35
2
Roadway Excavation
472
CY
21.00
9,912.00
3
Compact Original Ground (0.50')
5,850
SF
0.20
1,372.00
4
Compact Native Materiai (0.50')
5,850
SF
0.30
2,058.00
5
Aggregate Base. Class II (1.2')
5,850
SF
210
14,405.00
6
Asphalt Concrete, Type B (0.45')
13,392
SF
1.70
22,766.40
7
Deep -lift Roadway Patch Pavement
122
SF
4.00
488.00
8
Sawcut& Remove Existing AC
5.554
SF
5.00
39,924.00
9
Sawcut& Remove Existing Driveway
1,455
SF
3.00
4,355.00
10
Remove Existing Sidewalk
458
SF
5.00
2,748.00
11
Remove Existing Curb & Gutter
51
LF
11.00
571.00
12
Remove Existing 6" PVC Drain
30
LF
10.00
300.00
13
Vertical Curb, Gutter and Sidewalk (7.5')
152
LF
37.00
5,994.00
14
Concrete Subgrade Compaction
2.850
SF
3.00
8,580.00
15
Commercial Driveway (13' wide)
1
EA
1,500.00
1,500.00
16
Commercial Driveway (25' wide)
1
EA
2,800.00
2,800.00
17
Special Commercial Driveway
1
EA
5,134.00
5.134.00
18
Driveway Patch Pavement
126
SF
2.00
252.00
19
Sidewalk Barricade
1
EA
513.00
513.00
20
6" Asphalt Concrete Berm
215
LF
21.00
4,515.00
21
Remove Existing Barricade
1
EA
513.00
513.00
22
Remove -Relocate Existing Mailbox
1
EA
308.00
308.00
23
Relocate Existing Street Light
1
EA
1,800.00
1,800.00
24
Street Lights (Mast Type 250 Watt)
2
EA
2,557.00
5.134.00
25
Traffic Control
1
LS
2,80000
2,800.00
25
Striping & Signage
1
LS
2,000.00
2,00000
27
Stabilized Construction Entrance
1
EA
1,027.00
1,027.00
28
Concrete Washout Structure
1
EA
4.107.00
4.107.00
29
Erosion & Sediment Control
5.44
Acre
2,05300
11,158.32
Subtotal
$158.23407
Storm Drain Svstem
Connect to Existing Storm Drain
1
EA
$5,13400
$5,134.00
Subtotal
$5.13400
Sanitary Sewer Svstem
1
8" Sanitary Sewer Pipe (PVC)
42
LF
$36.00
$1,51200
2
Sanitary Sewer Manhole (48")
1
EA
4,000.00
4,000.00
Subtotal
$5,512.00
A. DEVELOPER COST B COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER
Quantity
1
472
5.850
5.860
5,850
13,392
122
5,554
1,455
458
61
30
162
2,850
1
1
1
126
1
215
1
1
1
2
1
1
1
1
5
ubtotal
$1,078.35
9,912.00
1,372.00
2,058.00
14,406.00
22,766.40
488.00
39,924.00
4,355.00
2,748.00
571.00
300.00
5,994.00
8,580.00
1,500.00
2,800.00
5,134.00
252.00
513.00
4,515.00
513.00
308.00
1,800.00
5,134.00
2,800.00
2,000.00
1,027.00
4,107.00
$158,234.07
1 $5.134.00
ubtotal $5,134.00
42 $1,51200
1 4,00000
ubtotal $5,512.00
Quantity
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Subtotal Street System
10% Engineering & Administration
Total Street System
0
Subtotal Storm Drain System
10% Engineering&Administration
Total Storm Drain System
0
0
Subtotal Sanitary Sewer System
10% Engineering&Administration
Total Sanitary Sewer System
Total
$0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
000
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
$0.00
$0.00
0.00
$000
$0.00
Item
1
2
3
4
5
6
7
8
9
10
11
12
13
14
TOTAL COST OF PROJECT IMPROVEMENTS
Description
Water Svstem
8" Water Pipe (PVC)
12" Water Pipe (PVC)
Water Main Casing
8" Gate Valve
12" Gate Valve
Adjust Valves to Grade
Fire Hydrant Assembly
Remove Blowoff
Blowoff (temporary)
Connect to Existing Water
&' Water Servicew/Meter Box
&' Water Service
2 Irrigation Service w/Meter Box
Pipe Marker Post
Quantity
Unit
Price
Total
1.531
LF
41.00
$62,771.00
23
LF
5100
1,173.00
10
LF
70.00
700.00
8
EA
1,232.00
9,856.00
2
EA
1,848.00
3,696.00
1
EA
513.00
513.00
3
EA
3,080.00
9,240.00
1
EA
400.00
400.00
3
EA
411.00
1,233.00
2
EA
5.134.00
10,268.00
1
EA
1,500.00
1,500.00
2
EA
2,200.00
4,400.00
1
EA
1,027.00
1,027.00
1
EA
5000
50.00
Total Construction Cost Subject to Engineering Fee Calculation (A. Developer Cost)
Contingencies (10% of Construction Costs)
Construction Engineering & Staking @ 3%f
As -built Plans & Certifications
TOTAL COST FOR ENGINEERING FEE CALCULATION
TOTAL IMPROVEMENT SECURITY AMOUNTS:
Faithful Performance: 100%of A& B
Labor& Materials: 50%ofA& B
Subtotal $106,827.00
Total $275,707.07
$313,400.00
$156,700.00
A. DEVELOPERCOST B. COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER
Quantity
Total
1,531
$52,771.00
23
1,173.00
10
700.00
8
9,855.00
2
3,696.00
1
513.00
3
9,240.00
1
400.00
3
1,233.00
2
10,268.00
1
1,500.00
2
4,400.00
1
1,027.00
1
50.00
iubtotal $106,827.00
dotal $275,707.07
$275,707.07
$27,570.71
$9.12222
$1,000.00
A. Total $313,400.00
Quantitv
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Subtotal Water System
10% Engineering &Administration
Total Water System
B. Total
$0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
$0.00
0.00
$0.00
$0.00
City of Lodi
Publics Works Department
COST ESTIMATE
FOR INSPECTION OF
PRIVATE IMPROVEMENTS
Development: 1337 E. Kettleman Lane Acres: 5.44
Developer: Dennis W. Plummer Date: 2/22/08
Engineer: Baumbach & Piazza
TOTAL COST OF PRIVATE IMPROVEMENTS TO BE INSPECTED BY PUBLIC WORKS DEPARTMENT
Item Description
Storm Drain Svstem
1 18" Storm Drain Pipe (PVC)
2 24" Storm Drain Pipe (RCP)
3 48" Storm Drain Manhole
4 Drop Inlet Catch Basin
5 Bypass System Manholes
6 Storm Drain Interceptor
7 Pipe Marker
Sanitary Sewer Svstem
1 8" Sanitary Sewer Pipe (PVC)
2 Sanitary Sewer Manhole (48")
3 Pipe Marker
Quantity
Unit
Price
Total
316
LF
$56.00
$17,696.00
267
LF
67.00
17,889.00
2
EA
3,080.00
6,160.00
4
EA
1,540.00
6,160.00
2
EA
4,200.00
8,400.00
1
EA
20,000.00
20,000.00
1
EA
50.00
50.00
Subtotal $76,355.00
539 LF $23.00
$12,397.00
3 EA 2,567.00
7,701.00
1 EA 50.00
50.00
Subtotal
$20,148.00
Total
Contingencies (10% of Construction Costs)
TOTAL COST FOR INSPECTION FEE FOR PRIVATE IMPROVEMENTS
$96,503.00
$9,650.00
$106,153.00
V�~i OP t�0 OF LODI
9t�soQ�s� PUBLIC• , •
POLICIES AND
PROCEDURES
WATER - 7 l ME113R TG WATER USAGE OF NEW WATER, Rev. 3/15/93
MAINS REQURING TEMPORARY BYPASSES
This policy will apply to all public water mains and private water services that
require a temporary bypass meter assembly (Standard Plan 409).
'. Contractors who are installing public or private water mains or fire system mains
that require a temporary bypass will install a 6 -inch City -owned and furnished
turbine meter with double checks and butterfly valve assembly as indicated on the
plans. Additional water connections shall be per Detail "B" as shown on Standard
Plan 409.
The contractor installing water mains shall deposit with the City funds for
holding equal to approximately one and one-half times the bypass meter assembly's
replacement value. The deposit amount shall be revised annually. The contractor
shall be responsible for paying current water rates for all water metered during
the construction of the water system plus an increasing rental fee as shown on
Schedule A until the bypass meter assembly is removed and returned. (Note:
4Iater for dust control may be taken from fire hydrants upstream of the bypass
meter assembly. )
4. Payment for water used must' be made prior to final acceptance of the project.
The bypass meter assembly deposit will be credited against or returned after
payment of meter charges has been made and undamaged meter assembly has been
delivered to the City. Damage requiring repair or replacement to or loss of
City -owned water meter bypass assembly will result in forfeit of all or portions
of deposit plus estimated water usage billing of project. (Inspector's estimate
of hours utilized, times maximum volume delivered.)
5. All meters furnished will be annually certified for accuracy by the City. Any
contractor'wishing further certification will pay for such with a Cit ap .roved
meter testing firm. Plus or minus 3%will be considered accurate. I e Cpity wi 11
make appropriate adjustments in -meter charges, if warranted.
ack . Ronsko
ubl , Works Director
JLR/FF/lm
Attachments
-METERING 4IATER USAGE OF hc.W WATER MAINS 4JATER -
REQUIRING TEMPORARY BYPASSES Page 2 ,
I
SCHEDULE A
DAILY RENTAL AND HANDLING CHARGES
NOTE: Counting of days shall begin when assembly is picked up at the Municipal
Service Center and stop on day of return.
0
DAYS
First
45 days
1-45
$ 1.00
per
day
Next
15 days
46-60
$ 2.50
per
day
Every
day thereafter up to 90 days
61-90
$ 5.00
per
day
After
90 days
90+
$10.00
per
day
NOTE: Counting of days shall begin when assembly is picked up at the Municipal
Service Center and stop on day of return.
0
METERING WATER USAGE OF NEW WATER MAIN WATER - 7
REUIRING TEMPORARY BYRA S-9-2-
EXAMPLE
S- Q
EXAMPLE OF COSTS FOR SUBDIVISIONOF 100 LOTS
° Deposit for 6" bypass meter assembly $5,000.00
(Cash, Certified Check, or Certificate of Deposit, to
Public Works Department)
° Daily rental and handling charge*, 60 days
First 45 days =
Next 15 days a t $2.50/day =
45.00
37.50
° Water Usage .Fee*
100,000 cubic feet (approximately 750,000 gallons)
(1040 gallons per minute X 60 minutes X 12 hours = 15�'," 0 gallons)
COST: 100,000' cubic feet X $0.285/100 cubic feet 285.00
° Storm Drain Rumpi ng Fee*
750,000 gallons X $66.13/MG
49.60
° Charge for bacteriological retesting ($15.00 per test -0-
approximately) plus collection costs per sample
5,417.10
Deposit Returned -5,000.00
Contractor Owes City $ 417.10
**Billedupon return of undamaged bypass meter assembly to the Municip 1 Service
Center, 1331 South Ilan Lane, Lodi, California.
NOTE: All above charges subject to change
OF OF
• . '
09/FOR`PUBLIC WORKS DEPARTMEN
1337 E. KETTLEMAN LANE
EXHIBIT A
RESOLUTION NO. 2008-43
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING IMPROVEMENT AGREEMENT
FOR 1337 EAST KETTLEMAN LANE
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the Improvement Agreement with Dennis W. Plummer for the public
improvementsof 1337 East Kettleman Lane (APN 049-250-87); and
BE IT FURTHER RESOLVED that the City Council hereby directs the City
Managerto executethe Improvement Agreement on behalf of the City cf Lodi.
Dated: March 19, 2008
I hereby certify that Resolution No. 2008-43 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held March 19, 2008, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Katzakian,
and Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
WW
•:
P01114 El 91
CITY COUNCIL
JOANNE L MOUNCE. Mayor
LARRY D. HANSEN,
Mayor Pro Tempore
SUSAN HITCHCOCK
BOBJOHNSON
PHIL KATZAKIAN
Baumbach & Piazza
323 W. Elm Street
Lodi. CA 95240
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 rpw ept lodi.gov
http:C\www.l I.gov
March 14,2008
Dennis W. Plummer
1333 E. Kettleman Lane
Lodi. CA 95240
SUBJECT: Adopt Resolution Approving ImprovementAgreement for Public
Improvements of 1337 East Kettleman Lane (APN 049-250-87)
BLAIR KING
City Manager
RANDI JOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
RICHARD C, PRIMA, JR.
Public Works Director
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, March 19, 2008. 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-deliverthe letterto 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 Randi Johl, 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.
T•
Richard C. Prima, Jr.
Public Works Director
RCP/pmf
Enclosure
cc: City Clerk
NCC €MPAGMT_1337EKETTLEMAN.DOC