HomeMy WebLinkAboutAgenda Report - November 21, 2007 E-12AGENDA ITEM IE/ 1 2
&I& CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Approving Improvement Agreement for the Public
Improvements for 2126 Tienda Drive
MEETING DATE: November21,2007
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution approving the attached Improvement Agreement
for the Public Improvementsfor 2126 Tienda Drive and direct the
City Manager and City Clerk to execute the agreement on behalf of
the City.
BACKGROUND INFORMATION: The project is located at 2126 Tienda Drive and consists of four
duplex residential units.
The developer, Brittany, LLC, has furnished the City with improvement plans, necessary agreements,
guarantees and insurance certificatefor the proposed project. The developer also paid the required
Development Impact Mitigation Fees ($98,763) and the Kettleman Lane Lift Station Service Area Fees
($12,079), as well as the improvement agreement preparation fee and other miscellaneousfees ($4,759).
The improvement includes installation of a public water main on the project 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.
,la. Richard C rima, Jr.
Public Works Director
Prepared by Lyman Chang. Senior Civil Engineer
RCP/LC/pmf
Attachment
cc: Senior Civil Engineer Fujitani
Senior Civil EngineerChang
Brittany. LLC
APPROVED:
B Er ' g, City Manager
K:\WP\DEV—SERVICC—imptAgmt-212OTiendaDr.doc 11/16/2007
IMPROVEMENTAGREEMENT
forthe
PUBLIC IMPROVEMENTS
of
2126 Tienda Drive
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City', and BRITTANYLLC., a California Limited Liability Company, hereinafter
referred to as "Developer".
RECITALS:
Developerhas applied to the Cityfor issuance of a building permit(#817126) allowing Developer
to build on that parcel known as 2126 Tienda Drive.
Developer has requested issuanceof the building permit priorto the construction and completion
of public improvements as required as a condition of approval of the site improvements, including
all streets, highways or public ways and public utility facilities which are a part of, or appurtenant
lo, the development, hereinaftercalled "project", all in accordance with, and as required by, the
plans and specifications for all or any of said improvements in, appurtenantto, 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 agreementwith 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 acceptanceof 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
Developerwill 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. 006D007-01 and 006D007-02, 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. Natural gas line installation
B. Cable TV system
C. Telephone line installation
D. Electrical system
2. Development Chanses
Developer shall also perform all work and fumish all materials necessary to comply with
any changes required by the Public Works Director, which, in his opinion, are necessary
I(:1VVP1DEV_5ERV4IrnpAgmt2i 26iienda.doc
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, Developerelects to have the City perform
or install or cause the installation of the following items:
A. A 4 -inch water service tap only. Trenching and backfill will be performed by the
Developer.
Developer shall also pay all additional costs for work performed by City forces deemed by
the Public Works Director necessaryto 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 are being paid as part of the building permit issuance conditions.
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 underthis agreement. At
least 15 calendardays priorto the commencementof work hereunder, Developershall
notify the Public Works Directorof the date fixed by Developerfor commencement
thereof so that Citycan 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.
Record Drawings and Certifications
Prior to acceptance of the project improvements, the Developershall have provided
record drawings and certifications as described in the City of Lodi Public Improvement
Design Standards,
8. Permits: Compliancewith 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.
9. Superintendence by Developer
Developer shall give personal superintendenceto 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.
}(:\WP1dEV_SERVVmpAgmt21261 ienda.doc 2
10. Inspection by Citv
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 and 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 $14,900.00
Labor and Materials $ 7,450.00
12. Hold -Harmless Asreement
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
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.
I(:1W P1DEV_S ERVIImpAcgm12126Tier)da.doc 3
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. Developerhereby indemnifies City for any damage resulting
to it from failure of either Developer or any contractor or subcontractorto 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 Developeror any contractor or subcontractor or by anyone
directly or indirectly employed by either Developeror 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. COMPREHENSIVEAUTOMOBILE 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 liabilityonly 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 consistentwith 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:
]C:1WPIDEV_SERV1 mpAgmt2126Tienda.doc 4
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 endorsementfor 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, concurrentlywith the execution hereof, with satisfactory
evidence of the insurance required and evidence that each carrier is required to give City
at feast 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, Developerand 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 Developercan 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 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 55,000.00 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
1OWPOEV_S[ FRV1lmpA9Mt212f3T1enda.doc 5
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
Developeragrees 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. Developerfurther 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 Developershall have the same removed or repaired
forthwith, and if not removed or repaired upon noticewithin 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.
U 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 Developerwithin 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 accordancewith 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 responsibilityto payfor 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
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 responsibilityto inform all prospective purchasers that occupancy will not
be permitted until fees are paid and public improvementsare so accepted.
1<:1WP\DEV_SERVIImpAgmt2126' ienda.doc 6
22 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.
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 Aqreement; Performance by Suretv or
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 afler 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 afler 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 Cityfor 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
I(:1W PDEV_SER V\I mpAgmt2l 2BTionda.doc
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 reouired to be given to Developer shall be addressed as follows:
Notices require be given to Developer's agent shall be addressed 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.
IC:1W P\DEV_$ ERWmpAgmt2126Tienda.doc
26. Execution
In Witness Whereof, Developerand 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
Date
CITY OF LODI, A MUNICIPAL CORPORATION
By:
Blair King, City Manager
ATTEST:
(CORPORATE SEAL)
Date
Randi Johl, City Clerk Date
APPROVED AS TO FORM:
D. Stephen Schwabauer, City Attorney
1<:IUVPIDEV_SERV11mpAgmt2126Tienda.doc 9
EXHIBIT
2126 TIENDA DRIVE
PROJECT AREA
Millsbridge PI.
i
J
cU
Ni
1
�
O
O
O
�:
0
-
N
CU
I
Cy.
U)-
�
U
L P-0
ML
W
Mills Ave.
2000
1949
0
2050
Vienna Dr.
(D
~
2100
C
2110
2111
J
Salzburg Ln.
CUE
2115
4-0Y
Project
Heidelberg Wy.
Area
2145
2223
Z
NO SCALE
RESOLUTION NO. 2007-227
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING IMPROVEMENTAGREEMENT
FOR THE PUBLIC IMPROVEMENTSAT
2126 TIENDA DRIVE
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the Improvement Agreement for Public Improvements at 2126 Tienda Drive;
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
I hereby certify that Resolution No. 2007-227 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 MayorJohnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
(iNDI JOHL
City Clerk
2007-227