HomeMy WebLinkAboutAgenda Report - August 3, 2011 C-07AGENDA ITEM Col
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Accepting Improvements under Contractfor Harney Lane
Widening Project, Amending ImprovementAgreement, Appropriating Funds
($56,919.86) and Approving No -Parking Zones on South Side of Harney Lane from
Reynolds Ranch Parkway to Cherokee Lane
MEETING DATE: August 3, 2011
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution accepting improvements under contract for
Harney Lane widening project, amending improvement agreement,
appropriating funds in the amount of $56,919.86, and approving no -
parking zones on south side of Harney Lane from Reynolds Ranch
Parkway to Cherokee Lane.
BACKGROUND INFORMATION: Improvementsat Reynolds Ranch, Phase II have been completed
by the developer, Reynolds Ranch Partners, Inc., in substantial
conformancewith the requirementsas approved by City Council on
August 18,2010, and as shown on Drawings No. 008D013-01
through 008D013-32. A drawing of the Reynolds Ranch, Phase II project is attached as Exhibit A.
Public improvements include the installation of storm drain improvements, landscape and irrigation in the
median, curb, gutter, sidewalk and street pavement improvements along Harney Lane and installation of
signalized intersections on Reynolds Ranch Parkway at Rocky Lane, Le Baron Boulevard and Harney Lane.
On August 18, 2010, Council approved an improvement agreement to install the required public
improvements and reimburse the developerfor the City's share of the public improvements. The City's
share, based on the engineer's estimate, for the public improvements was $486,845.70. The developer's
actual cost for the City's share of the project was $435,669.62, plus change orders in the amount of
$57,614.00, for a total of $493,283.62.
Change orders for this project include:
" Addition of electrical service and irrigation controllersto the median landscaping area ($5,863).
" Increases in the base contract work quantities for asphalt paving and replacement of traffic loops
on the north side of Harney Lane ($41,701).
Phone service for the signal interconnects service ($8,435).
" Patch paving for water main trench in the Harney Lane and Melby Lane intersection ($1,615).
The improvement agreement and cost allocation spreadsheet provided for the City to reimburse the
developer up to $486,845.70. The recommended amendment to the agreement will increase the
reimbursement amount to the developer to $493,283.62, as shown in Exhibit B. To date, the City has
reimbursedthe developer $436,363.76 and has retained $56,919.86 (10 percent). Upon acceptance of
the improvements, the retained amount will be paid to the developer. The requested appropriation
($56,919.86) is to fund the difference between the final contract amount and the amount stated in the
improvement agreement.
APPROVED: iX1
Konradt Bartlam, City Manager
KAWP\DEV_SERV\Reynolds Ranch=ccept-Phase 2.doc 7121/2011
Adopt Resolution Accepting Improvements under Contract for Harney Lane Widening Project, Amending
ImprovementAgreement, Appropriating Funds ($56,919.86) and Approving No -Parking Zones on South
Side of Harney Lane from Reynolds Ranch Parkwayto Cherokee Lane
August 3,2011
Page 2
Improvements along Harney Lane and at the intersectionsof Harney Lane at Reynolds Ranch Parkway,
Rocky Lane and La Baron Way have been completed. Staff recommends that Council accept the
improvements, amend the improvement agreement and appropriate funds in the amount of $56,919.86.
No -parking zones were established on the south side of Harney Lane from Reynolds Ranch Parkwayto
Cherokee Lane (approximately 1,250 feet of roadway). The Harney Lane no -parking zones are required
because parking along major arterial roadways is prohibited in the Lodi Design Standards.
The streets to be accepted are as follows:
Streets
Harney Lane*
Length in Miles
0.00
Total New Miles of City Streets 0.00
* The street dedication for Harney Lane widens an existing street. The street
dedication did not add additional miles to the City's street system.
FISCAL IMPACT: The developer's warranty period of two years will begin on the date of Council
acceptance. There will be a slight increase in long-term maintenance costs
for public infrastructure, such as streets, water, wastewater and storm drain
facilities, landscaping, and other City services.
FUNDING AVAILABLE: Street Impact Fees (Fund 332): $11,186.54
Measure K (Fund 325): $45,733.32
TOTAL: $56,919.86
Jordan Avers � T—
Deputy City Manager/Internal Services Director
AZ�4 1f.A(Pk_
F. Wally n elin
Public Works Director
Prepared by Chris Boyer, Junior Engineer
Attachments
cc: Senior Engineering Technician
Reynolds Ranch Partners, Inc.
K:\WP\DEV_SERV\Reynolds Ranch\CAccept-Phase 2.doc 7/21/2011
CITY OF LODI
PUBLIC WORKSDEPARTNMNT
Exhibit A
Harney Lane Improvements
500' West of Stockton St to Reynolds Ranch Pkwy
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Arcadia
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San Pietro Ln.
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Driftwood Dr.
5
HarneyLn.
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Hamey Ln.
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' ------------------i-
Ranch
i --------zi -------
-----------,`-----��Reynolds
/Shopping Cent
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Project Area
Phase 2A
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\ I
Reynolds Ranch
Off -Site Street Improvement
Project Area
Rocky Lane
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- — -
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Reynolds Ranch
_ Shopping Center
Project Area
Phase 2B
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Reynolds Ranch Parkway
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City of Lodi
Publics Works Department
EXHIBIT B
REIMBURSABLE COST
HARNEYLANEIMPROVEMENTS
Development: Reynolds Ranch, Phase II Acres:
Developer: Reynolds Ranch Partners Date: 7/19/11
Engineer: RSC
TOTAL COST OF PROJECT IMPROVEMENTS
Item
Description
Quanti
Unit
Price
Total
34,965
Street System
38,772
51,179.04
27,915
36,847.80
1
Clearing & Grubbing
2.00
Acre
$1,097.00
$2,194.00
2
Compact Original Ground (0.50')
73,737
SF
0.66
48,666.42
3
Aggregate Base, Class II (0.70')
66,687
SF
1.32
88,026.84
4
Asphalt Concrete, Type B (0.60')
66,687
SF
3.41
227,402.67
5
Sawcut
1,355
LF
0.00
0.00
6
Vertical Curb and Gutter
1,250
LF
24.00
30,000.00
7
Sidewalk
3,190
SF
6.00
19,140.00
8
Curb Return, including Handicap Ramp
4
EA
2,742.00
10,968.00
9
Mid Block Ramp
2
EA
2,743.00
5,486.00
10
Median Curb
779
LF
19.86
15,470.94
11
Sidewalk Barricade
2
EA
548.00
1,096.00
12
Remove Existing Pavement
26,523
SF
1.54
40,845.42
13
Street Lights (Mast Type 250 Watt)
8
EA
2,742.00
21,936.00
14
Street Signs
22
EA
494.00
10,868.00
15
Traffic Striping
7,506
LF
1.60
12,009.60
16
Signalized Intersection - Reynolds Ranch/Harney
1
EA
232,889.14
232,889.14
17
Signalized Intersection - Reynolds Ranch/Rocky
1
EA
217,787.55
217,787.55
18
Signalized Intersection - Reynolds Ranch/LeBaron
1
EA
199,518.01
199,518.01
19
Landscape & Irrigation
5,646
SF
4.68
26,423.28
20
Median Landscape & Irrigation
7,576
SF
4.68
35,455.68
21
Temporary Swale
660
LF
5.00
3,300.00
22
Erosion Control
2.00
Acre
2,374.35
4,748.70
Subtotal
$1,254,232.25
Storm Drain System
1
12" Storm Drain Pipe (PVC)
739
LF
$38.00
$28,082.00
2
15" Storm Drain Pipe (PVC)
509
LF
49.00
24,941.00
3
18" Storm Drain Pipe (PVC)
55
LF
60.00
3,300.00
4
48" Storm Drain Manhole
4
EA
3,290.00
13,160.00
5
Side Inlet Catch Basin
6
EA
2,193.00
13,158.00
6
Connect to Existing Storm Drain
2
EA
5,483.00
10,966.00
Subtotal $93,607.00
A. DEVELOPER COST B. COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER
Quanti Total Quantity Total
2.00
$2,194.00
0
$0.00
38,772
25,589.52
34,965
23,076.90
38,772
51,179.04
27,915
36,847.80
38,772
132,212.52
27,915
95,190.15
0
0.00
1,355
0.00
1,250
30,000.00
0
0.00
3,190
19,140.00
0
0.00
4
10,968.00
0
0.00
2
5,486.00
0
0.00
0
0.00
779
15,470.94
2
1,096.00
0
0.00
11,170
17,201.80
15,353
23,643.62
8
21,936.00
0
0.00
22
10,868.00
0
0.00
4,364
6,982.41
3,142
5,027.19
0.33
76,853.42
0.67
156,035.72
1.0
217,787.55
0.0
0.00
1.0
199,518.01
0.0
0.00
5,646
26,423.28
0
0.00
0
0.00
7,576
35,455.68
660
3,300.00
0
0.00
1.16(l)
2,760.91
0.84
1,987.79
Subtotal $861,496.46 Subtotal Street System $392,735.79
739
$28,082.00
0
$0.00
509
24,941.00
0
0.00
55
3,300.00
0
0.00
4
13,160.00
0
0.00
6
13,158.00
0
0.00
2
10,966.00
0
0.00
Subtotal $93,607.00 Subtotal Storm Drain System $0.00
K:\DEV_SERV\Developments\Reynolds Ranch\Phase II\Harney Lane Improvements\Improvement Agreement -Phase 11 - Harney Lane -Revised 7-19-h 1.xls
TOTAL COST OF PROJECT IMPROVEMENTS A. DEVELOPER COST B. COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER
Item Description
Water System
1 10" Recycled Water Pipe (PVC)
2 8" Water Valve
3 10" Water Valve
4 Temporary Blow Off Valve
5 Fire Hydrant Assembly
6 Hot Tap and Valve
7 Landscape Service
COST FOR ENGINEERING FEE CALCULATION
(1) Prorated based on proportionate share of AC costs
Change Orders
CO 12 RFI28 Irrigation Controller
CO 14 Bul#3 Repave Area at Harney
CO 20 Grind Out/Patch Pave
CO 24 ATT Conduit to Controler
TOTAL COST INCLUDING CHANGE ORDERS
Quanti Unit Price Total
1,321
LF
$49.00
$64,729.00
1
EA
$1,316.00
$1,316.00
3
EA
$1,645.00
$4,935.00
1
EA
$439.00
$439.00
5
EA
3,290.00
16,450.00
5
EA
5,483.00
27,415.00
3
EA
3,327.50
9,982.50
Subtotal $125,266.50
Total $1,473,105.75
1 EA 15,632.00
15,632.00
1 EA 41,701.00
41,701.00
1 EA 1,615.00
1,615.00
1 EA 12,653.00
12,653.00
Subtotal
$71,601.00
Total $1,544,706.75
Quanti Total Quantity Total
1,321
$64,729.00
1
$1,316.00
3
$4,935.00
1
$439.00
5
16,450.00
5
27,415.00
2
6,655.00
Subtotal $121,939.00
Total $1,077,042.46
0
$0.00
0
$0.00
0
$0.00
0
$0.00
0
0.00
0
0.00
1
3,327.50
Subtotal Water System $3,327.50
Subtotal $396,063.29
10% Engineering & Administration $39,606.33
Total $435,669.62
0.62
9,769.00
0.38
5,863.00
0.00
0.00
1.00
41,701.00
0.00
0.00
1.00
1,615.00
0.00
4,218.00
1.00
8,435.00
Subtotal
$13,987.00
Subtotal
$57,614.00
Total
$1,091,029.46
Total
$493,283.62
K:\DEV_SERV\Developments\Reynolds Ranch\Phase II\Harney Lane Improvements\Improvement Agreement -Phase 11 - Harney Lane -Revised 7-19-11.xis
ADDENDUM TO
IMPROVEMENTAGREEMENT FOR THE
PUBLIC IMPROVEMENTS FOR REYNOLDS RANCH PHASE 2
THIS ADDENDUM TO IMPROVEMENT AGREEMENT FOR THE PUBLIC
IMPROVEMENTS FOR REYNOLDS RANCH PHASE 2, by and between the CITY OF LODI, a
municipal corporation, hereinafter called "City", and REYNOLDS RANCH PARTNERS, INC., a
California Corporation, hereinafter called "Developer", is made and effective this day
of July, 2011,
WITNESSETH:
IMPROVEMENT AGREEMENT: Developer and City, entered into an Improvement
Agreement for the Public Improvements for Reynolds Ranch Phase 2 on
November 23, 2010, including provision for reimbursement to Developer for City's
portion of public improvements in the amount of $486,845.70.
2. ADDENDUM: The purpose of this Addendum to the Improvement Agreement for the
Public Improvements for Reynolds Ranch Phase 2, is to revise the amount of
reimbursement to Developer for City's portion of public improvements to $493,283.62,
an increase of $6,437.92, the actual cost of construction as set forth in Exhibit A,
attached hereto as and made a part hereof as though fully set forth herein. Developer
acknowledges that this Addendum fully satisfies any claims by Developer for costs
overruns for the construction of City's portion of the public improvements described in
Exhibit A.
3. TERM AND TERMS: All other terms and conditions will remain as set forth in the
Improvement Agreement for the Public Improvements for Reynolds Ranch Phase 2
attached hereto as Exhibit B and made a part hereof as though fully set forth herein.
IN WITNESS WHEREOF, City and Developer have executed this Addendum to
Improvement Agreement for the Public Improvements for Reynolds Ranch Phase 2 on
2011.
CITY OF LODI, a municipal corporation REYNOLDS RANCH PARTNERS, INC.,
hereinabove called "City" a California Corporation, hereinabove called
"Developer"
KONRADT BARTLAM
City Manager By:
Title:
Attest: App d as to Form:
r
RANDIJOHL
City Clerk
KAWPOEV_SEWReynolds RanchUmpAgmtAmend.doc
--0. MAGDICH
City Attorney
City of Lodi
Publics Works Department
Developer: Reynolds Ranch Partners
Engineer: RSC
TOTAL COST OF PROJECT IMPROVEMENTS
Item
Description
Quantit
Unit
Price
Total
739
Street Svstem
$38.00
$28,082.00
15" Storm Drain Pipe (PVC)
509
1
Clearing & Grubbing
2.00
Acre
$1,097.00
$2,194.00
2
Compact Original Ground (0.50')
73,737
SF
0.66
48,666.42
3
Aggregate Base, Class 11 (0.70')
66,687
SF
1.32
88,026.84
4
Asphalt Concrete, Type B (0.60')
66,687
SF
3.41
227,402.67
5
Sawcut
1,355
LF
0.00
0.00
6
Vertical Curb and Gutter
1,250
LF
24.00
30,000.00
7
Sidewalk
3,190
SF
6.00
19,140.00
8
Curb Return, including Handicap Ramp
4
EA
2,742.00
10,968.00
9
Mid Block Ramp
2
EA
2,743.00
5,486.00
10
Median Curb
779
LF
19.86
15,470.94
11
Sidewalk Barricade
2
EA
548.00
1,096.00
12
Remove Existing Pavement
26.523
SF
1.54
40,845.42
13
Street Lights (Mast Type 250 Watt)
8
EA
2,742.00
21,936.00
14
Street Signs
22
EA
494.00
10,868.00
15
Traffic Striping
7,506
LF
1.60
12,009.60
16
Signalized Intersection- Reynolds Ranch/Harney
1
EA
232,889.14
232,889.14
17
Signalized Intersection - Reynolds Ranch/Rocky
1
EA
217,787.55
217,787.55
18
Signalized Intersection- Reynolds Ranch/LeBaron
1
EA
199,518.01
199,518.01
19
Landscape & Irrigation
5,646
SF
4.68
26,423.28
20
Median Landscape&Irrigation
7,576
SF
4.68
35,455.68
21
Temporary Swale
660
LF
5.00
3,300.00
22
Erosion Control
2.00
Acre
2,374.35
4,748.70
Subtotal $1,254,232.25
Storm Drain Svstem
$2,194.00
0
23,36.80
38,772
12" Storm Drain Pipe (PVC)
739
LF
$38.00
$28,082.00
15" Storm Drain Pipe (PVC)
509
LF
49.00
24,941.00
18" Storm Drain Pipe (PVC)
55
LF
60.00
3,300.00
48" Storm Drain Manhole
4
EA
3,290.00
13,160.00
Side Inlet Catch Basin
6
EA
2,193.00
13,158.00
Connect to Existing Storm Drain
2
EA
5,483.00 .......
10,966.00 -
0.00
0
0.00
Subtotal
$93,607.00
K \DEV SERV\Developments\Reynolds Ranch\Phase II\Hamey Lane Improvements\Improvement Agreement -Phase ll - Hamey Lane -Revised 7-15
Exhibit A
HARNEY LANE IMPROVEMENTS
Date: 7/19/11
A. DEVELOPER COST B. COST OF CITY -FUNDED FACILITIESTO BE BUILT BY DEVELOPER
Quantily Total Quantity Total
2.00
$2,194.00
0
23,36.80
38,772
25,589.52
34,965
0.00
38,772
51,179.04
27,915
36,847.80
38,772
132,212.52
27,915
95,190.15
0
0.00
1,355
0.00
1,250
30,000.00
0
0.00
3,190
19,140.00
0
0.00
4
10, 968.00
0
0.00
2
5,486.00
0
0.00
0
0.00
779
15,470.94
2
1,096.00
0
0.00
11,170
17,201.80
15,353
23,643.62
8
21,936.00
0
0.00
22
10, 868.00
0
0.00
4,364 It I
6,982.41
3,142
5,027.19
0.33
76,853.42
0.67
156,035.72
1.0
217,787.55
0.0
0.00
1.0
199,518.01
0.0
0.00
5,646
26,423.28
0
0.00
0
0.00
7,576
35,455.68
660
3,300.00
0
0.00
1.16 Itl
--------2,760.91
0.84
1,987.79
ubtotal $861,496.46 Subtotal Street System $392,735.79
739
$28,082.00
0
$0.00
509
24,941.00
0
0.00
55
3,300.00
0
0.00
4
13,160.00
0
0.00
6
13,158.00
0
0.00
2
10, 966.00
0
0.00
ubtotal
$93,607.00
Subtotal Storm Drain System
$0.00
S
TOTAL COST OF PROJECT IMPROVEMENTS A. DEVELOPERCOST B. COST OF CITY -FUNDED FACILITIESTO BE BUILT BY DEVELOPER
Item Description
Water System
10" Recycled Water Pipe (PVC)
8" Water Valve
10' Water Valve
Temporary Blow Off Valve
5 Fire Hydrant Assembly
6 Hot Tap and Valve
7 Landscape Service
COST FOR ENGINEERING FEE CALCULATION
t') Prorated based on proporlionate share of AC costs
Chanae Orders
CO 12 RFI28 Irrigation Controller
CO 14Bu1#3 RepaveArea at Harney
CO 20 GrindOut/Patch Pave
CO 24 ATT Conduitto Controler
TOTAL COST INCLUDINGCHANGE ORDERS
uantity Unit Price Total
1,321 LF $49.00 $64,729.00
1 EA $1,316.00 $1,316.00
3 EA $1,645.00 $4,935.00
1 EA $439.00 $439.00
5 EA 3,290.00 16,450.00
5 EA 5,483.00 27,415.00
3 EA 3,327.50--------9,982.50
Subtotal $125,266.50
Total $1,473,105.75
1 EA
15,632.00
15,632.00
1 EA
41,701.00
41,701.00
1 EA
1,615.00
1,615.00
1 EA
12,653.00
12,653.00
2
Subtotal
$71,601.00
8,435.00
Total
$1,544,706.75
uanti Total
1,321
$64,729.00
1
$1,316.00
3
$4,935.00
1
$439.00
5
16,450.00
5
27,415.00
2
6,655.00
ubtotal $121,939.00
otal $1,077,042.46
Quantity Total
0
$0.00
0
$0.00
0
$0.00
0
$0.00
0
0.00
0
0.00
1
3,327.50
Subtotal Water System $3,327.50
Subtotal $396,063.29
10% Engineering& Administration $39,606.33
Total $435,669.62
0.62
9,769.00
0.38
5,863.00
0.00
0.00
1.00
41,701.00
0.00
0.00
1.00
1,615.00
0.00
4,,218:00
1.00
8,435.00
Subtotal
$13,987.00
Subtotal
$57,614.00
otal
$1,091,029.46
Total
$493,283.62
K1DEV_SERV\Developments\Reynolds Ranch\Phase II\Harney Lane lmprovements\Improvement Agreement -Phase II - HarneyLane%�7-19-11.x1s
Exhibit B
IMPROVEMENTAGREEMENT
for the
PUBLIC IMPROVEMENTS
for
REYNOLDS RANCH PHASE 2
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City", and REYNOLDS RANCH PARTNERS, INC., hereinafter referred to as
"Developer", and RMC CONSTRUCTORS, A CALIFORNIA CORPORATION, hereinafter referred
to as "Developer's Contractor".
RECITALS:
Developer has presented to City for approval public improvement plans for the Reynolds Ranch,
Phase 2 development, hereinaffer called "project", along with the legal descriptions and exhibits
for the necessary street and easement dedications which will be provided under separate
instruments.
Developer has requested approval of public improvement plans for the construction and
completion of public improvements, including all streets, highways or public ways and public utility
facilities which are a part cf or appurtenant to the 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 cf the Public Works Director or his designee.
Council cf the City will accept the dedications offeredon condition that Developer:first enter into
and execute this agreement with City; and
Developer's Contractor is made a party to this agreement solely to secure the Faithful
Performance Bonds and Labor and Materials Bonds refered to in Paragraph 13. Developer's
Contractor has no other obligations under this agreement.
This agreement is executed pursuant to the provisions cf the Subdivision Map Act of the State of
California and Title 15 and 16 ofthe Lodi City Code.
NOW THEREFORE, for and in consideration cf the acceptance of the dedications offered, and in
order to insure satisfactory performance by Developer cf Developer's obligations under State law
and City code, the parties agree as follows:
Performance cf 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 cf the Public Works Director, all of fiie work and
improvements as shown on the approved improvement plans for the project, Drawing
Nos. 008D013-01 through 008D013-32, 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:
impagmt (rev. 10/22/2010)
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
2. Development Chanaes
Developer shall also perform all work and furnish all materials necessaryto 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. Performanceof Work by City
Prior to the issuance of the building permit by the City, it is agreed that the Developer
shall deposit with the City the amount of money shown as the "Developer Cost" on Billing
Schedule attached hereto and by this reference made a part hereof.
From payments made under Billing Schedule, Developer elects to have the City perform
or install or cause the installation of the following items:
A. Street seal coat
B. Fire hydrant markers
C. 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.
D. Storm Water Permit Compliance Inspections. The fee shown on the Billing
Schedule is based on one (1) inspection per month for construction activities
covering one i( Lv>t season (October 2010 to April 201 1 YMe fee will be
adjusted, if necessary, when the improvements are complete and ready for
acceptance by the City. Any additional fee must be paid prior to project
acceptance.
Developer shall also pay all additional costs for work performed by City forces deemed by
the Public Works Director necessaryto complete the work under this agreement in
conformance with City Standards.
4. Development Impact Mitisation Fees
Development Impact Mitigation Fees for water, wastewater capacity, street
improvements, police, fire and general City facilities are required for this project. The fees
shall be paid in conformancewith the terms of the Development Agreement by and
Between the City of Lodi and San Joaquin Valley Land Company, LLC recorded as
Document No. 2006-268372 in the Official Records of San Joaquin County. In
conformancewith LMC 15.64.050, the fees are automatically adjusted on January 1 of
each year.
Reimbursementfor City -Funded Facilities Built by Developer
impagmt (rev. 10/22/2010) 2
In conformance with LMC 16.40 Reimbursements for Construction, City agrees to
reimburse Developerfor public improvements to be installedwith the project as listed
below and shown on the attached Cost Estimatefor Improvement Security:
A. Excess width street pavement improvements in Harney Lane (500 feet west of
Stockton Street to 500 feet east of Melby Way).
B. Two-thirds of the traffic signal at Reynolds Ranch Parkway and Harney Lane
intersection.
Developershall provide a request for monthly reimbursement payments that include
descriptions of the work items, quantities, and contract unit prices conforming to the Bid
Item List guidelines in Appendix A-2 of the City of Lodi Public Improvement Design
Standardsand supporting invoices, billing schedules or otherdocumentation as required
by the Public Works Department. Monthly reimbursement payments to the Developer
shall be 100% of the contractor's progress billing for City funded facilities to be built by
Developer, less 10% for retention. Reimbursement of the 10% retention will be made
when the improvements are complete and accepted by the City.
Street and Pubiic Utility Easement Dedications
Developershall acquire, without cost to the City of Lodi, street, public utility and temporary
construction easements to the approval of the Public Works Directorto allow construction
of street and public utility improvements shown on the approved plans for the project.
The Developer's engineer shall provide the legal descriptions, with exhibits showing the
location of each dedication, for review and approval by the City. City staff will prepare the
easement deeds. Developer shall have the deeds executed by the property owners,
notarized and returned to the City for recordation.
Work: Time for Commencement and Performance
Developershall, 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 priorto the commencement of work hereunder, Developershall
notify the Public Works Director of the date fixed by Developerfor commencement
thereof so that City can provide inspection services.
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 agreementwhich
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 relievethe 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 Developerto an extension.
9. 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.
10. Permits: Compliancewith Law
Developershall, at Developer's expense, obtain all necessary permits and licenses for the
construction of such improvements, give all necessary notices and pay all fees and taxes
required by law.
impagmt (rev. 10/22/2010)
11. Superintendence by Developer
Developer shall give personal superintendence to the work on said improvement, or have
a competent agent, foreman or superintendent, satisfactoryto the Public Works Director,
cn the work at all times during progress, with authority to act for Developer.
12. 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.
13 Contract Security
Concurrentlywith the execution hereof, Developer's Contractor shall furnish Improvement
Securityof at least 100% of the estimated cost cf public improvements plus deferred fees
and engineering costs of surveying, record drawings and certifications as security for the
faithful performance of this agreement and repair or repiacement of defective work under
Paragraph 19 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
connectionwith 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 $1,694,279.40
Labor and Materials $847,139.70
14. Warranty Security
The warranty period for repair or replacement of defective work shall b e two (2) years
following the date of acceptance of the improvements. F 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.
15. 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 cf 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 cf 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 ofthe
acceptance by City, or the deposit with City by Developer, cf any of the insurance
policies described in Paragraph 16 hereof.
impagnit (rev. 10/22/2010)
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 cf any cf 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.
16. 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 subcontractorshall 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 cf improvement, and ii
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 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 properly damage which may arise
on the project properly, 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
$2,000,0001'roperty 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.
impagmt (rev. 10/22/2010)
NOTE:. Developer agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coveragewhich
is at least consistent with the claims period or statutes of limitations found in the
CaliforniaTort 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.
€3. 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 contri buti ng with
the insurance afforded by this endorsement.
C. Severability of InterestClause
The term "insured" is used severally and not collectively, but the inclusion herein
of more than one insured shall not operate to increasethe limit of the company's
liability.
17. 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.
18. 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.
19. Repair or Reconstruction of Defective Work
If, within a period of two (2) years after final acceptance by City of the work performed
underthis 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
referredto herein, Developer and Developer's Contractor surety shall, without delay and
without cost to City, repair or replace or reconstruct any defective or otherwise
impagmt (rev. 10/22/2010)
unsatisfactory part or parts of the work or structure. Should Developeror Developer's
Contractor 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 necessarywork, and Developer shall pay to City the actual cost of such
repairs plus 15% for administration and overhead costs.
20. Repair or Replacement of City -owned Bypass MeterAssemblies
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 guaranteethe 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.
21. 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 propertywithout
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 responsibilityfor 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 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.
22. Fire Protection Durinq 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 modifiedwhen alternate methods of protection
approved by the Fire Chief are provided.
23. Protection of Existina Improvements
Damage to any existing improvements or private or public utility lines installed or being
installedwhich damage occurs during the onsite and offsite construction required of
Developershall be the absolute responsibility and liabilitycf Developer. In otherwords, 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
impagmt (rev. 10/22/2010)
the limits of the project area damaged as part of the construction of the required project
improvements is also the Developer's responsibility.
24. Dwelling Occupancy
The City will not allow occupancy of any building or structure within the project until all
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 purchasersthat occupancy will not be permitted
until said fees are paid and public improvements are so accepted.
25. Developer Not Aaent 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.
26. 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 d 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 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 Contractor's surety of breach of this agreement, or any portion
thereof, and the default of Developer.
27 Breach of Agreement; Performance by Surety or City
In the event of any such notice, Developer's Contractor'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 Contractor'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.
28. Nofices
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:
F. Wally Sandelin,
Public Works Director
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-1910
impagmt (rev. 10/22/2010)
Notices required to be given to Developer shall be addressed -as follows:
REYNOLDS RANCH PARTNERS, INC.
1420 So M i 11 s Avenue, Ste M
Lodi, California 95242
Attn: Dale M. Gillespie
Notices required to be given to Developer's agent shall be addressed as follows:
CAPITAL PROJECTS GROUP
1792 Tribute Roade Ste 270
Sacramento, California 95815
Attn: Kien S. Whitney
Notices required to be given to Developer's Contractor shall be addressed as follows:
RMC CONSTRUCTORS
5045 E. McKinley Avenue
Fresno, California 93'727
Attn: Dave Johnson
Notices required to be given to Developer's Contractor surety shall be addressed as
follows:
Travelers Casualty and Surety Co. of America
1 Tower Square
Hartford, CN 06103
Provided that either party or the surety may change such address by notice in writing to
the other parry and thereafter notices shall be addressed and transmitted to the new
address.
impagmt (rev. 10/22/2010) 9
29. Execution
In Witness Whereof, Developer, Developer's Contractor and City have caused their
names to be hereunto affixed and the City of Lodi has caused b corporate name and
seal to be hereunto affixedby its proper officers thereunto duly authorized.
101�ql 10
Date
/041B Azol,
Date
REYN LDS RANCH PART ERS, INC.
10/
P 1-6
RMC CONSTRUCTORS,
A CALIFORNIA CORPORATION
Cal Roberts, President
(CORPORATE SEAL)
CITY OF L.ODI. A MUNICIPAL CORPORATION
Konra am, Interim City Manager Date
AT, EfT.
Randioi' I .Ci Da e
APPROVED AS TO FORM:
impagmt (rev. 10/22/2010) 10
State cf Califomia
County of Fresno
Subscribed and swum to (or affinned) before me on this 29th
day of October 201 Q by Cal Roberts '
proved to re on the basis of satisfactory evidence to be the
person w i_ appeared before me.
yOMY`ELLY LINNETTE NO 4.
COMM.#�1762028
FRESNO COUNTY
Comm. Exp. Dec. 2, 2DII 1 /j
(Seal) Sign
1 AAQP
2. JV#
lY !
:..j� a
FUND # BUS. UNIT #
ACCOUNT #
ACCOUNT TITLE
TO: Internal Services Dept. - Budget Division
AMOUNT
A.
332
3. FROM: RebeccaAreida-Yadav
15. DATE:
$
07/20/2011
4. DEPARTMENT/DIVISION: Public Works
325
3205
Fund Balance
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Reimbursementto developer for public improvements on Harney Lane per the Council approved improvement agreement.
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: n/a ges No: n/a Attach copy of ra%W&Monto this form.
Department Head Signature:
8AQRROYAL$IGIA7tJRS:Z�
:..j� a
FUND # BUS. UNIT #
ACCOUNT #
ACCOUNT TITLE
AMOUNT
A.
332
3205
Fund Balance
$
11,186.54
SOURCE OF
325
3205
Fund Balance
$
45,733.32
FINANCING
B.
332 332008
7726
Harney Lane Widening
$
11,186.54
USE OF
325 325036
7726
Harney Lane Widening
$
45,733.32
FINANCING
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Reimbursementto developer for public improvements on Harney Lane per the Council approved improvement agreement.
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: n/a ges No: n/a Attach copy of ra%W&Monto this form.
Department Head Signature:
8AQRROYAL$IGIA7tJRS:Z�
Deputy City Manager/Internal Services Manager
Date
Submit completed form to the Budget Divisionwith any required documentation.
Final approval will be provided in electronic copy format.
RESOLUTION NO. 2011-123
A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING
IMPROVEMENTS AT REYNOLDS RANCH, PHASE II, AS
COMPLETED BY REYNOLDS RANCH PARTNERS, INC.;.
AMENDING IMPROVEMENT AGREEMENT; APPROPRIATING
FUNDS; AND APPROVING NO -PARKING ZONES ON SOUTH
SIDE OF HARNEY LANE FROM REYNOLDS RANCH
PARKWAY TO CHEROKEE LANE
The City Council of the City of Lodi finds:
1- That all improvements at Reynolds Ranch, Phase II, have been completed by
the developer, Reynolds Ranch Partners, Inc., in substantial conformance with the
requirements as shown on Drawing Nos. 008DO13-01 through 008DO013-32 on file in
the PublicWorks Department and as specifically set forth in the plans and specifications
approved by the City Council on August 18, 2010.
2. The following street was dedicated to the City by separate instrument as a
condition of this development:
Street Length in Miles
*Harney Lane 0.00
The street dedication for Harney Lane widens an existing street. This street
dedication did not add additional miles to the City's street system.
Public improvements include the installation of storm drain improvements,
landscape, and irrigation in the median, curb, gutter, sidewalk, and street pavement
improvements along Harney Lane and installation of signalized intersections of Reynolds
Ranch Parkway at Rocky Lane, Le Baron Boulevard, and Harney Lane.
3. The Improvement Agreement with Reynolds Ranch Partners, Inc., approved
by City Council on November 17, 2010, is hereby amended to reflect the final
reimbursement amount of $493,283.62.
4. Funds in the amount of $56,919.86 are hereby appropriated from the Street
Impact Fees Fund ($11,186.54) and Measure K Fund ($45,733.32) to fund the
reimbursement to Reynolds Ranch Partners, Inc., as specified in the Improvement
Agreement.
5. No -parking zones are hereby approved on the south side of Harney Lane
from Reynolds Ranch Parkway to Cherokee Lane (approximately 1,250 feet of
roadway). The Harney Lane no -parking zones are required because parking along
major arterial roadways is prohibited in the Lodi Design Standards.
Dated: August 3, 2011
--------------------
--------------------
I hereby certify that Resolution No. 2011-123 was passed and adopted by the
City Council cf the City of Lodi in a regular meeting held August 3,2011, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Nakanishi, and
Mayor Johnson
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— Mounce
ABSTAIN: COUNCIL MEMBERS— None
2011-123
s]11 WK91911101[�71�
BOBJOHNSON, Mayor
JOANNE L. MOUNCE,
Mayor Pro Tempore
LARRY D. HANSEN
PHIL KATZAKIAN
ALAN NAKANISHI
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.0.130X 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
htt p:\\www . lod i .g ov
July 28, 2011
Reynolds Ranch Partners
Attn: Dale Gillespie
1420 S. Mills Avenue, Ste. K
Lodi, CA 95242
KONRADT BARTLAM
City Manager
RANDI JOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
F. WALLY SANDELIN
Public Works Director
SUBJECT: Adopt Resolution Accepting Improvements under Contract for Harney Lane
Widening Project, Amending Improvement Agreement, Appropriating
Funds ($56,919.86) and Approving No -Parking Zones on South Side of
Harney Lane from Reynolds Ranch Parkway to Cherokee Lane
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, August 3, 2011. 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 letterto 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 letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Randi Johl, City Clerk, at 333-6702.
If you have any questions about the item itself, please call Chris Boyer, Junior Engineer,
at (209) 333-6800, extension 3321.
F. Wally Sandelin
Public Works Director
FWS/pmf
Enclosure
cc: City Clerk
NCACCEPT-PHASE 2,000