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HomeMy WebLinkAboutAgenda Report - November 21, 2007 E-10AGENDA ITEM &'v • CITY OF LODI COUNCIL COMMUNICATION TM AGENDATITLE: Adopt Resolution Approving Improvement Agreement for Public Improvements for 3021 South Cherokee Lane (Blue Shield) MEETING DATE: November21,2007 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt a resolution approving the attached ImprovementAgreement for the Public Improvementsfor 3021 South Cherokee Lane and direct the City Manager and City Clerk to execute the agreement on behalf of the City. BACKGROUND INFORMATION: The project is located at 3021 South Cherokee Lane and consists of an office building for Blue Shield of California. The developer, Blue Shield of California, 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 ($1,242,192), as well as the improvement agreement preparationfee and other miscellaneous fees ($13,700). The improvements include installation of a public water main on the Blue Shield site. FISCAL IMPACT: There will be a slight increase in long-term maintenance costs for the water main. FUNDING AVAILABLE: The developer is responsible for all costs associated with the improvement agreement. A ' J�,. 1, Richard C rima, Jr. Public Works Director Prepared by Lyman Chang. Senior Civil Engineer RCPILCIpmf Attachment cc: Senior Civil Enaineer FLtiitani Senior Civil EngineerChang Todd Rudd APPROVED: Blair KManager KAWPIDEV_SERVICCI mpAgmt_3021 SCherokee. doc 1111 612007 IMPROVEMENTAGREEMENT for the PUBLIC IMPROVEMENTS of 3021 S Cherokee Lane Blue Shield THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to as "City", and Blue Shield of California, 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 3021 S Cherokee Lane. Developer has requested issuance of the building permit (BI 9917) prior to the construction and completion of public improvements as required as a condition of approval of the construction of a new office shell building, including all streets, highways or publicways 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 Developerthe building permit on the condition that Developerfirst enter into and execute this agreement with City and meet other City code requirements pertaining to building permit issuance. This agreement is executed pursuantto 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. 007D009-01 through 007D009-06, which are on file in the Public Works Department. 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 or required to complete the work in conformance with City Standards or are the result of changed conditions. 3. Performance of Work by Citv 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. IC:%WP%DEV_SERV\CC]mpAgrnt_302] SCherokee_Attachment.doc 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, and general City facilities are being paid as a condition of the building permit issuance. 5. 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 under the terms of an Addendum to this agreement which shall be approved by the City Manager. Any such extension maybe 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 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 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 ail fees and taxes required by law. 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 ail times during progress, with authority to act for Developer. 10. Inspection by City Developer shall at ail times maintain proper facilities and provide safe access for inspection by Cityto all parts of the work. Inspections will be provided during normal working hours. Developerwill 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 17 following; KAWPIDCV_SERV\CC1mpAgmt_3021 SCherokee_Attachment.doc 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 $140,000.00 Labor and Materials $ 70,000.00 12 Warranty 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 actual project cost as of two weeks before the hearing on project acceptance. The warranty period shall be two (2) years following the date of acceptance of the improvements. If any portion of the project receives project improvements shall commence upon the date of final acceptance for the entire project. 13. 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 14 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. 14. 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 KAWP1D1 V_SERV\CC1mpAgmt_302IKhernkee Auachment.dnc 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 Developeror any contractor or subcontractorto take out or maintain such insurance. B. Comprehensive General and Automobile Insurance Developer shall takeout and maintain during the life of this agreement such insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Developerand any contractoror subcontractor performing work covered by this agreementfrom 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 contractoror subcontractor or by anyone directly or indirectly employed by either Developer or any contractoror 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 2. 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 I imitations 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. lC:1WPIDEV—SERV1CCimpAgmt_3021SCherokee_Attachment.doc 4 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 15 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. 16. 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. 17. Repair or Reconstruction of Defective Work If. within a period of 2 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. 18. Repair or Replacement of Citv-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 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. 19. 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 K:\WP\DLV_SERV\CCIiiipAgriit-3021 SCherokee_Attachment.doc 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 instaliation of telephone, electrical, cable television and gas facilities. Developer's responsibiiity 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 shaii be charged with the cost of said control. 20. Fire Protection During Construction Fire protection facilities approved by the Fire Chief, including ail -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. 21. 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. 22. 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 occupancywill not be permitted until said deferred fees are paid and public improvements are so accepted. 23. 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. [{.\WPIDEV_SERVICC[mpAbtnt_3021 SCherakee_Attachment.dnc 6 24. 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 assignmentfor 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. 25. Breach of Agreement: 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 Iiabilityfor 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. KAWPIDEV—SERV\MmpAgm1_3021 SCherokee_Attnchmenf.duc 7 26. 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 reouired to be given to Developer shall be addressed as follows: Notices require o be given to Developer's agent shall be addresse 3s Ilows. 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. KAW POEV_S ERV ICC] mpAgmt_302 IS Cherokee_Attachmen Woe 27. 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. Blue Shield of California Date (CORPORATE SEAL) CITY OF LODI, A MUNICIPAL CORPORATION Bv: Blair King, City Manager Date ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Stephen D. Scchhwabauer, City Attorney K:IWPIDE,V_SERV\CC1tnpAgnu_302I SCherokee_Attachment.doc Date CITY OF • ■ CWORKS DEPART ■ ■ EXHIBIT BLUE SHIELD PROJECT AREA J N LC Cu J 2 � O 2 Hwy 99 I Hwy 99 AA I� AA AA li A/\\/\At Project Area Melby Dr. c m c ca 2 Stockt T St. i Iffz NO SCALE RESOLUTION NO. 2007-225 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING IMPROVEMENT AGREEMENT FOR THE PUBLIC IMPROVEMENTSAT 3021 SOUTH CHEROKEE LANE (BLUE SHIELD) NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the ImprovementAgreement for Public Improvements at 3021 South Cherokee Lane (Blue Shield); and BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager and City Clerk to execute the Improvement Agreement on behalf of the City of Lodi. Dated: November 21,2007 hereby certify that Resolution No. 2007-225 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 21, 2007, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Katzakian, Mounce, and Mayor Johnson NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS —None WAINDIL City Clerk 2007-225 CITY COUNCIL BOB JOHNSON, Mayor JOANNE L MOUNCE Mayor Pro Tempore LARRY D. HANSEN SUSAN HITCHCOCK PHIL KATZAKIAN Blue Shield of California Mr. Todd Rudd 1415 L Street, Ste. 250 Sacramento. CA 95814 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:\kwww.lodi.gov November 16,2007 SUBJECT: Adopt Resolution Approving Improvement Agreement for Public Improvementsfor 3021 South Cherokee Lane (Blue Shield) BLAIR KING City Manager RANDIJOHL City Clerk 0. 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, November21, 2007. The meetingwill 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 opportunityto 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 (209) 333-6702. If you have any questions about the item itself, please call Lyman Chang, Senior Civil Engineer, at (209) 333-6800, extension 2665. T' . Richard C. Prima, Jr. r' Public Works Director RCP/pmf Enclosure CC: City Clerk NCCIMPAGUT 30215CHEROKEE DOC