HomeMy WebLinkAboutAgenda Report - August 18, 2010 D-12AGENDA ITEM Di It
Al o
CITY OF LODI
COUNCIL COMMUNICATION
�/FORS
AGENDA TITLE: Adopt Resolution Approving I m prove mentAg reements for Public Improvements for
Reynolds Ranch, Phase II, Offsite and Onsite Improvementsand Approving
No -parking Zones on all of Reynolds Ranch Parkway and Harney Lane from
Stockton Street to Reynolds Ranch Parkway
MEETING DATE: August 18, 2010
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution approving the I m prove mentAg reements for the
Public Improvementsfor Reynolds Ranch, Phase II, offsite and
onsite improvements and approving no-parkingzones on all of
Reynolds Ranch Parkway and Harney Lane from Stockton Street to
Reynolds Ranch Parkway.
BACKGROUND INFORMATION: The project is located on Harney Lane, between Stockton Street and
Reynolds Ranch Parkway, as shown on ExhibitA, and consists of
roadway improvements along Harney Lane, signal improvements,
and onsite public water main improvements in preparation for the
Reynolds Ranch Shopping Center.
The developer, Reynolds Ranch Partners, Inc., has furnished the City with improvement plans and the
necessary agreements for the proposed project. The developer's contractor has been added to the
ImprovementAgreement to furnish the bonding for the developer. The developer's contractorwill be
determined by September 1, 2010, at which time the developer's contractorwill furnish the necessary
bonds and execute the Improve mentAgreement. The bonds will secure the contractor's/developer's
performance underthe Agreement.
The offsite 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 at Reynolds Ranch Parkway/Rocky Lane, Reynolds Ranch
Parkway/Le Baron Boulevard and Reynolds Ranch Parkway/Harney Lane. The City will pay for 50
percent of the cost of the signals at the Reynolds Ranch Parkway/Harney Lane intersection. The onsite
improvements include the modification of the public water main on the Reynolds Ranch Shopping Center
site and sidewalk and driveway improvements on Reynolds Ranch Parkway.
No -parking zones were established on all of Reynolds Ranch Parkway during Phase I of the
Reynolds Ranch Project. The no -parking zones, however, must be adopted by resolution. No -parking
zones will cover both the east and west sides of Reynolds Ranch Parkway (approximately 3,700 feet of
roadway) and both north and south sides of Harney Lane from Stockton Street to Reynolds Ranch
Parkway (approximately 1,900 feet of roadway). The Harney Lane no -parking zones are required because
parking along major arterial roadways is prohibited in the Lodi Design Standards.
APPROVED: I
Konradt
KAWPDEV SEMAReynolds RanchlCC_ReynoldsRanchPhase2.doc
am, Interim City Manager
8/9/2010
Adopt Resolution Approving I m prove mentAg reements for Public Improvementsfor Reynolds Ranch,
Phase II, Offsite and Onsite Improvements and Approving No -Parking Zones on all of
Reynolds Ranch Parkway and Harney Lane from Stockton Street to Reynolds Ranch Parkway
August 18,2010
Page 2
Currently, there are insufficient Street Impact Mitigation funds to pay for the City's portion of this project.
Once Costco and Home Depot pay Street Impact Mitigation fees totaling $458,320.30 and $344,806.57
respectively, the Street Impact Mitigation funds will have the necessary funding for this project. The short
term shortfall in funds will be covered by other funds within the Impact Mitigation Fee Program.
FISCAL IMPACT: There will be a slight increase in long-term maintenance costs for public
infrastructure, such as streets and storm drain facilities. The costs may be
off -set by future revenue from Community Facilities District No. 2007-1.
FUNDING AVAILABLE: Street Impact Fees (Fund 332) - $662,700
Reynolds Ranch Partners, Inc. - $1,618,000
A
3brdirnWyers
Deputy City Manager/Internal Services Director
�GU
R Wally ndelM
Public Works Director
Prepared by Chris Boyer, Junior Engineer
Attachment
cc: Senior Civil EngineerFuiitani
Reynolds Ranch Partners, Inc.
Phillippi Engineering
K:\WP\DEV SEWReynolds Ranch\CC_ReynoldsRanchPhase2.doc 8/9/2010
CITY OF LOD]PUBLIC WORKS DEPARTMENT
Exhibit A
Harney Lane Improvements
5 00' West of Stockton St to Reynolds Ranch Pkwy
IMPROVEMENT AGREEMENT
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 GENERAL CONTRACTOR, 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, hereinafter 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 of 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 of the Public Works Director or his designee.
Council of the City will accept the dedications offered on condition that Developer first enter into
and execute this agreement with City; and
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 of the Subdivision Map Act of the State of
California and Title 15 and 16 of the Lodi City Code.
NOW THEREFORE, for and in consideration of the acceptance of the dedications offered, and in
order to insure satisfactory performance by Developer of Developer's obligations under State law
and City code, the parties agree as follows:
Performance of Work by Developer
Developer will do and perform, or cause to be done and performed at Developer's own
expense, in a good and workmanlike manner, and furnish all required materials, all under
the direction and to the satisfaction of the Public Works Director, all of the work and
improvements as shown on the approved improvement plans for the project, Drawing
Nos. 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. 08/05/2010)
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 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 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 (1) wet season (October 2010 to April 2011). The 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 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 capacity, street
improvements, police, fire and general City facilities are required for this project. The fees
shall be paid in conformance with 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
conformance with LMC 15.64.050, the fees are automatically adjusted on January 1 of
each year.
5. Reimbursement for Citv-Funded Facilities Built by Developer
impagmt (rev. 08/05/2010) 2
In conformance with LMC 16.40 Reimbursements for Construction, City agrees to
reimburse Developer for public improvements to be installed with the project as listed
below and shown on the attached Cost Estimate for 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. 50 percent of the traffic signal at Reynolds Ranch Parkway and Harney Lane
intersection, Reynolds Ranch Parkway and Rocky Lane intersection, and Reynolds
Ranch Parkway and Le Baron Boulevard.
Developer shall provide a request for payment that includes 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 Standards and supporting
invoices or other documentation as required by the Public Works Department.
Reimbursement will be made when the improvements are complete and accepted by the
City.
Street and Public Utilitv Easement Dedications
Developer shall acquire, without cost to the City of Lodi, street, public utility and temporary
construction easements to the approval of the Public Works Director to 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
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.
8. 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 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
Manager shall be the sole and final judge as to whether or not good cause has been
shown to entitle Developer to an extension.
9. 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.
10. Permits; Compliance with Law
Developer shall, at Developer's expense, obtain all necessary permits and licenses for the
construction of such improvements, give all necessary notices and pay all fees and taxes
required by law.
impagmt (rev. 08/05/2010)
11. Superintendence by Developer
Developer shall give personal superintendence to the work on said improvement, or have
a competent agent, foreman or superintendent, satisfactory to the Public Works Director,
on the work at all times during progress, with authority to act for Developer.
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
Concurrently with the execution hereof, Developer's Contractor shall furnish Improvement
Security of at least 100% of the estimated cost of public improvements plus deferred fees
and engineering costs of surveying, record drawings and certifications as security for the
faithful performance of this agreement and repair or replacement 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
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 $2,280,700.00
Labor and Materials $1,140,350.00
14. Warranty Security
nr shall ,frish
WaFFanty SeGUFity of at least 0 of the total GOSt of the PUNiG impmvements as SeGuFit!l
for repair Gr reply . The warranty
period for repair or replacement of defective work shall be two (2) years following the date
of acceptance of the improvements. If any portion of the project receives partial
acceptance during the course of construction, the warranty period for all required project
improvements shall commence upon the date of final acceptance for the entire project.
15. Hold -Harm less 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 16 hereof.
impagmt (rev. 08/05/2010) 4
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 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 subcontractor shall have been so
obtained. All requirements herein provided shall appear either in the body of the
insurance policies or as endorsements and shall specifically bind the insurance carrier.
A. Compensation Insurance
Developer shall maintain, during the life of this agreement, Worker's Compensation
Insurance for all Developer's employees employed at the site of improvement, and in
case any work is sublet, Developer shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance for all contractors' or
subcontractors' employees, unless such employees are covered by the protection
afforded by Developer. Developer hereby indemnifies City for any damage resulting
to it from failure of either Developer or any contractor or subcontractor to take out or
maintain such insurance.
B. Comprehensive General and Automobile Insurance
Developer shall take out and maintain during the life of this agreement such
insurance as shall insure City, its elective and appointive boards, commissions,
officers, agents and employees, Developer and any contractor or subcontractor
performing work covered by this agreement from claims for damages for personal
injury, including death, as well as from claims for property damage which may arise
on the project property, including any public streets or easements, from Developer's
or any contractors' or subcontractors' operations hereunder, whether such operations
be by Developer or any contractor or subcontractor or by anyone directly or indirectly
employed by either Developer or any contractor or subcontractor, and the amount of
such insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$2,000,000 Bodily Injury- Each Occurrence/Aggregate
$2,000,000 Property Damage - Each Occurrence/Aggregate
or
$2,000,000 Combined Single Limit
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. 08/05/2010)
NOTE: Developer agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which
is at least consistent with the claims period or statutes of limitations found in the
California Tort Claims Act (California Government Code Section 810 et seq.).
"Claims made" coverage requiring the insureds to give notice of any potential liability
during a time period shorter than that found in the Tort Claims Act shall be
unacceptable.
A copy of the certificate of insurance with the following endorsements shall be
furnished to the City:
A. Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its
elected and appointed boards, commissions, officers, agents and employees as
additional named insured insofar as work performed by the insured underwritten
contract with the City of Lodi. This endorsement shall be on the form furnished by
the City and shall be included with Developer's policies.
B. Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the additional insureds
shall apply as primary insurance. Any other insurance maintained by the City of
Lodi or its officers and employees shall be excess only and not contributing with
the insurance afforded by this endorsement.
C. Severabilitv of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein
of more than one insured shall not operate to increase the limit of the company's
liability.
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
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 Contractor surety shall, without delay and
without cost to City, repair or replace or reconstruct any defective or otherwise
impagmt (rev. 08/05/2010)
unsatisfactory part or parts of the work or structure. Should Developer or 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 necessary work, 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 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.
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 property without
express permission. Developer further agrees not to cause damage to City or County
streets.
Should any mud or debris be deposited in City or County streets or any damage caused
to City or County streets, the Developer shall have the same removed or repaired
forthwith, and if not removed or repaired upon notice within a specified time, the City shall
cause the same to be removed or repaired and the Developer shall be charged for the
cost of said removal or repairs.
The Developer, Developer's contractor and/or agents shall be responsible so no dust or
erosion problems are created during construction, including installation of telephone,
electrical, cable television and gas facilities. Developer's responsibility for dust and
erosion control shall extend to include a period of one year from the date of final
acceptance by the City of the work performed under this agreement.
If a dust or erosion problem arises during development or within a period of one year from
the date of final acceptance by the City of the work performed under this agreement,
including but not limited to installation of telephone, electrical, cable television, and/or gas
facilities, and has not, after notice, been abated by Developer within a specified period of
time, the City shall cause the same to be controlled, and the Developer shall be charged
with the cost of said control.
22. Fire Protection During Construction
Fire protection facilities approved by the Fire Chief, including all-weather access road and
an approved water supply capable of supplying the required fire flow, shall be installed
and made serviceable in accordance with the City fire code prior to and during the time of
building construction. The above may be modified when alternate methods of protection
approved by the Fire Chief are provided.
23. 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
impagmt (rev. 08/05/2010)
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 purchasers that occupancywill not be permitted
until said fees are paid and public improvements are so accepted.
25. Developer Not Aqent 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 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
Developerand Developer's Contractor's surety of breach of this agreement, or any portion
thereof, and the default of Developer.
27. Breach of Aqreement; 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. 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:
F. Wally Sandelin,
Public Works Director
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-1910
impagint (rev. 08/05/2010)
Notices required to be given to Developer shall be addressed as follows:
Notices required to be given to Developer's agent shall be addressed as follows:
Notices required to be given to Developer's Contractor shall be addressed as follows:
Notices required to be given to Developer's Contractor 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.
iinpagmt (rev. 08/05/2010) 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 ils corporate name and
seal to be hereunto affixed by its proper officers thereunto duly authorized.
REYNOLDS RANCH PARTNERS, INC.
Date
DEVELOPER'S CONTRACTOR
Date
(CORPORATE SEAL)
CITY OF LODI, A MUNICIPAL CORPORATION
By:
KonradtBartlam, Interim City Manager Date
ATTEST:
Randi Johl, City Clerk
APPROVED AS TO FORM:
D. Stephen Schwabauer, City Attorney
impagmt (rev. 08/04/2010) 10
Date
IMPROVEMENT SECURITY
Faithful Performance Bond
Bond No.
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Lodi, a municipal corporation, hereinafter designated "City", and GENERAL CONTRACTOR,
hereinafter designated "Principal," have entered into an agreement dated , whereby
Principal agrees to install and complete certain designated public improvements and pay appropriate development impact
mitigation fees within 365 CALENDAR DAYS FROM THE DATE OF THE AGREEMENT, in the development known as
Reynolds Ranch, Phase 2. This agreement is on file in the office of the Public Works Director of the City of Lodi, and is
referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for faithful performance of said
agreement.
NOW, THEREFORE, we, the Principal and , as surety, are held and
firmly bound unto the City in the penal sum of TWO MILLION TWO HUNDRED EIGHTY THOUSAND SEVEN
HUNDRED AND NO/100 DOLLARS ($2,280,700.00) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly
by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors, or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions
and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in anyjudgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the work to be performed
or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above named, on
SURETY:
by:
Attorney-in-fact
Agent
Address
APPROVED AS TO FORM:
City Attorney
PRINCIPAL:
Address
IMPROVEMENT SECURITY
Labor and Materials Bond
Bond No.
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Lodi, a municipal corporation, hereinafter designated "City," and GENERAL CONTRACTOR,
hereinafter designated "Principal," have entered into an agreement dated whereby Principal agrees
to install and complete certain designated public improvements and pay appropriate development impact mitigation fees
within 365 CALENDAR DAYS FROM THE DATE OF THE AGREEMENT, in the development known as Reynolds
Ranch, Phase 2. This agreement is on file in the office of the Public Works Director of the City of Lodi, and is referred to
and made a part hereof; and
WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to
file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City and all
contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid
improvements and referred to in the aforesaid Code of Civil Procedure in the sum of ONE MILLION ONE HUNDRED
FORTY THOUSAND THREE HUNDRED FIFTY AND NO/100 DOLLARS ($1,140,350.00), for materials furnished or
labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,
that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is
brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court,
and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code, so
as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be
and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the work to be performed
or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on
SURETY:
by:
Attorney-in-fact
Agent
Address
APPROVED AS TO FORM:
City Attorney
PRINCIPAL:
Address
City of Lodi
Publics Works Department
REIMBURSABLE COST
ESTIMATE FOR
HARNEYLANEIMPROVEMENTS
Development: Reynolds Ranch, Phase II Acres: 2.00
Developer: Reynolds Ranch Partners Date: 8/4/10
Engineer: Phillippi Engineering
TOTAL COST OF PROJECT IMPROVEMENTS
A. DEVELOPER COST I B. COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER
Item
Description
Quantity
Unit
Price
Total
Quantit
Total
Quantit
Total
Street System
1
Clearing& Grubbing
2.00
Acre
$1,097.00
$2,194.00
2.00
$2,194.00
0
$0.00
2
Compact Original Ground (0.50')
81,518
SF
0.20
16,303.60
42,677
8,535.40
38,841
7,768.20
3
Aggregate Base, Class II (0.70')
74,468
SF
1.00
74,468.00
42,677
42,677.00
31,791
31,791.00
4
Asphalt Concrete, Type B (0.60')
74,468
SF
2.10
156,382.80
42,677
89,621.70
31,791
66,761.10
5
Sawcut
1,355
LF
3.00
4,065.00
0
0.00
1,355
4,065.00
6
Vertical Curb and Gutter
1,250
LF
24.00
30,000.00
1,250
30,000.00
0
0.00
7
Sidewalk
3,190
SF
6.00
19,140.00
3,190
19,140.00
0
0.00
8
Curb Return, including Handicap Ramp
4
EA
2,742.00
10,968.00
4
10,968.00
0
0.00
9
Mid Block Ramp
2
EA
2,743.00
5,486.00
2
5,486.00
0
0.00
10
Median Curb
1,462
IF
22.00
32,164.00
0
0.00
1,462
32,164.00
11
Sidewalk Barricade
2
EA
548.00
1,096.00
2
1,096.00
0
0.00
12
Remove Existing Pavement
26,523
SF
7.00
185,66100
11,170
78,190.00
15,353
107,471.00
13
Street Lights (Mast Type 250 Watt)
8
EA
2,742.00
21,936.00
8
21,936.00
0
0.00
14
Street Signs
22
EA
494.00
10,868.00
22
10,868.00
0
0.00
15
Traffic Striping
7,628
LF
1.00
7,628.00
4,372
4,371.54
3,256
3,256.46
16
Signalized Intersection
3
EA
329,007.00
987,021.00
2.5
822,517.50
0.5
164,503.50
17
Landscape& Irrigation
5,646
SF
11.00
62,106.00
5,646
62,106.00
0
0.00
18
Median Landscape& Irrigation
10,107
SF
11.00
111,177.00
0
0.00
10,107
111,177.00
19
Temporary Swale
660
LF
5.00
3,300.00
660
3,300.00
0
0.00
20
Erosion Control
2.00
Acre
2,193.00 --------
4,386.00
1.15 Its
------------ 2,513-5.9
0.85
1,872.42
Subtotal
$I,746,350.40
�ubtotal
$I,215,520.72
Subtotal Street System
$530,829.68
10% Engineering & Administration
53,082.97
Total Street System
$583,912.64
Storm Drain Svstem
1
12" Storm Drain Pipe (PVC)
739
LF
$38.00
$28,082.00
739
$28,082.00
0
$0.00
2
15" Storm Drain Pipe (PVC)
509
LF
49.00
24,941.00
509
24,941.00
0
0.00
3
18" Storm Drain Pipe (PVC)
55
LF
60.00
3,300.00
55
3,300.00
0
0.00
4
48" Storm Drain Manhole
4
EA
3,290.00
13,160.00
4
13,160.00
0
0.00
5
Side Inlet Catch Basin
6
EA
2,193.00
13,158.00
6
13,158.00
0
0.00
6
Connect to Existing Storm Drain
2
EA
5,483.00
10,966.00
2 ............10,966.00
0
0.00
Subtotal
$93,607.00
ubtotal
$93,607.00
Subtotal Storm Drain System
$0.00
10% Engineering &Administration
___________ __ _0.00
Total Storm Drain System
$0.00
K:\DEV_ SERV\Developments\Reynolds Ranch\Phase IhImprovement Agreement-Phasell - HarneyLane.xls
TOTAL COST OF PROJECT IMPROVEMENTS
Item Description
Water Svstem
1 10" Recycled Water Pipe (PVC)
2 8" Water Valve
3 10" Water Valve
4 Temporary Blow Off Valve
5 Fire HydrantAssembly
6 Hot Tap and Valve
7 Landscape Service
Quantity
Unit
Price
Total
3
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
932.00
2,796.00
Subtotal $118,080.00
Total $1,958,037.40
Total Construction Cost Subject to Engineering Fee Calculation (A. Developer Cost)
Contingencies (10% of Construction Costs)
Construction Engineering & Staking @ 3%±
As -built Plans & Certifications
TOTAL COST FOR ENGINEERING FEE CALCULATION
"I Prorated based on proportionate share of AC costs
TOTAL IMPROVEMENT SECURITY AMOUNTS:
Faithful Performance: 100%ofA& B
Labor & Materials: 50%ofA & B
K:\DEV_SERV\Developments\Reynolds Ranch\Phase II\Improvement Agreement-Phasell - HarneyLane.xls
$2,280,700.00
$1,140,350.00
A. DEVELOPER COST I B. COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER
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
1,864.00
>ubtotal $117,148.00
"otai $1,426,275.72
$1,426,275.72
$142,627.57
47,096.70
$2,000.00
A. Total $1,618,000.00
uantit Total
0
$0.00
0
$0.00
0
$0.00
0
$0.00
0
0.00
0
0.00
1
932.00
Subtotal Water System $932.00
10% Engineering & Administration 93.20
Total Water System $1,025.20
Total $584,937.84
$584,937.84
$58,493.78
$19,268.37
$0.00
B. Total $662,700.00
IMPROVEMENTAGREEMENT
for the
PUBLIC IMPROVEMENTS
for
REYNOLDS RANCH PHASE 2 - ONSITE
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 GENERAL CONTRACTOR, 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, hereinafter called "project", along with the legal descriptions and exhibits
for the necessary easement dedications which will be provided under separate instruments.
Developer has requested issuance of the building permit (1310-0432) prior to the construction and
completion of public improvement as a condition of approval of the construction of site preparation
for the Reynolds Ranch Shopping Center and completion of public improvements, including all
public ways and public utility facilities which are a part of 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 of the Public Works Director or his
designee.
The City will issue to Developerthe building permit on the condition that Developer first enter into
and execute this agreement with City and meet other City code requirements pertaining to building
permit issuance.
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 12. Developer's
Contractor has no other obligations under this agreement.
This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of
California and Title 15 and 16 of the Lodi City Code.
NOW THEREFORE, for and in consideration of the acceptance of the dedications offered, and in
order to insure satisfactory performance by Developer of Developer's obligations under State law
and City code, the parties agree as follows:
Performance of Work by Developer
Developer will do and perform, or cause to be done and performed at Developer's own
expense, in a good and workmanlike manner, and furnish all required materials, all under
the direction and to the satisfaction of the Public Works Director, all of the work and
improvements as shown on the approved improvement plans for the project, Drawing
Nos. 01 OD003-01 through 010D003-14, which are on file in the Public Works Department.
2. Development Changes
Developer shall also perform all work and furnish all materials necessary to comply with
any changes required by the Public Works Director, which, in his opinion, are necessary
or required to complete the work in conformance with City Standards or are the result of
changed conditions.
impagmt (rev. 08/04/2010)
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.
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 capacity, street
improvements, storm drain, police, fire and general City facilities are required for this
project. The fees shall be paid in conformance with 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 conformance with LMC 15.64.050, the fees are automatically adjusted on January 1 of
each year.
5. Street and Public Utilitv Easement Dedications
Developer shall acquire, without cost to the City of Lodi, street, public utility and temporary
construction easements to the approval of the Public Works Director to 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
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 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 agreement which
shall be approved by the City Manager. Any such extension may be granted without
notice to the Developer's surety, and extensions so granted shall not relieve the surety's
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.
8. 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.
Permits; Compliance with Law
Developer shall, at Developer's expense, obtain all necessary permits and licenses for the
construction of such improvements, give all necessary notices and pay all fees and taxes
required by law.
impagmt (rev. 08/04/2010)
10. Superintendence by Developer
Developer shall give personal superintendence to the work on said improvement, or have
a competent agent, foreman or superintendent, satisfactory to the Public Works Director,
on the work at all times during progress, with authority to act for Developer.
11. Inspection by City
Developer shall at all times maintain proper facilities and provide safe access for
inspection by City to all parts of the work. Inspections will be provided during normal
working hours. Developerwill be billed for inspections on work performed on weekends,
holidays and overtime. Developer shall also pay all additional costs incurred by City for
soils and materials testing and/or inspection services required as a part of City inspection
activities.
12. Contract Security
Concurrently with the execution hereof, Developer's Contractor shall furnish Improvement
Security of at least 100% of the estimated cost of public improvements plus deferred fees
and engineering costs of surveying, record drawings and certifications as security for the
faithful performance of this agreement and 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 $380,000.00
Labor and Materials $190,000.00
13. Warranty Security
Warranty SeGUF!ty Gf at least 0 of the tetal Gast of the publiG improvements as seGUFity
a . The warranty
period for repair or replacement of defective work shall be two (2) years following the date
of acceptance of the improvements. If any portion of the project receives partial
acceptance during the course of construction, the warranty period for all required project
improvements shall commence upon the date of final acceptance for the entire project.
14. Hold -Harmless 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 15 hereof.
impagmt (rev. 08/04/2010)
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 of any of the aforesaid operations referred to in this paragraph, regardless of
whether or not City has prepared, supplied or approved of, plans and/or specifications
for the project, or regardless of whether or not such insurance policies shall have
been determined to be applicable to any of such damages or claims for damages.
15. Developer's Insurance
Developer shall not commence work under this agreement until Developer shall have
obtained all insurance required under this paragraph, nor shall Developer allow any
contractor or subcontractor to commence work on Developer's contract or subcontract
until all similar insurance required of the contractor or subcontractor shall have been so
obtained. All requirements herein provided shall appear either in the body of the
insurance policies or as endorsements and shall specifically bind the insurance carrier.
A. Compensation Insurance
Developer shall maintain, during the life of this agreement, Worker's Compensation
Insurance for all Developer's employees employed at the site of improvement, and in
case any work is sublet, Developer shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance for all contractors' or
subcontractors' employees, unless such employees are covered by the protection
afforded by Developer. Developer hereby indemnifies City for any damage resulting
to it from failure of either Developer or any contractor or subcontractor to take out or
maintain such insurance.
B. Comprehensive General and Automobile Insurance
Developer shall take out and maintain during the life of this agreement such
insurance as shall insure City, its elective and appointive boards, commissions,
officers, agents and employees, Developer and any contractor or subcontractor
performing work covered by this agreement from claims for damages for personal
injury, including death, as well as from claims for property damage which may arise
on the project property, including any public streets or easements, from Developer's
or any contractors' or subcontractors' operations hereunder, whether such operations
be by Developer or any contractor or subcontractor or by anyone directly or indirectly
employed by either Developer or any contractor or subcontractor, and the amount of
such insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$2,000,000 Bodily Injury - Each Occurrence/Aggregate
$2,000,000 Property Damage - Each Occurrence/Aggregate
or
$2,000,000 Combined Single Limit
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.
impagint (rev. 08/04/2010)
NOTE: Developer agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which
is at least consistent with the claims period or statutes of limitations found in the
California Tort Claims Act (California Government Code Section 810 et seq.).
"Claims made" coverage requiring the insureds to give notice of any potential liability
during a time period shorter than that found in the Tort Claims Act shall be
unacceptable.
A copy of the certificate of insurance with the following endorsements shall be
furnished to the City:
A. Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its
elected and appointed boards, commissions, officers, agents and employees as
additional named insured insofar as work performed by the insured under written
contract with the City of Lodi. This endorsement shall be on the form furnished by
the City and shall be included with Developer's policies.
B. Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the additional insureds
shall apply as primary insurance. Any other insurance maintained by the City of
Lodi or its officers and employees shall be excess only and not contributing with
the insurance afforded by this endorsement.
C. Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein
of more than one insured shall not operate to increase the limit of the company's
liability.
16. Evidence of Insurance
Developer shall furnish City, concurrently with the execution hereof, with satisfactory
evidence of the insurance required and evidence that each carrier is required to give City
at least 30 days prior notice of the cancellation or reduction in coverage of any policy
during the effective period of this agreement. The address of the City of Lodi must be
shown on the certificate of insurance, i.e., City of Lodi, 221 West Pine Street, Lodi, CA
95240.
17. Title to Improvements
Title to, and ownership of, all public improvements constructed hereunder by Developer
shall vest absolutely in City upon completion and acceptance of such public
improvements by City.
18. Repair or Reconstruction of Defective Work
If, within a period of two (2) years after final acceptance by City of the work performed
under this agreement, any structure or part of any structure furnished and/or installed or
constructed, or caused to be installed or constructed by Developer, or any of the work
done under this agreement, including the mitigation measures for dust and erosion
control, fails to fulfill any of the requirements of this agreement plans and specifications
referred to herein, Developer and Developer's Contractor surety shall, without delay and
without cost to City, repair or replace or reconstruct any defective or otherwise
impagmt (rev. 08/04/2010)
unsatisfactory part or parts of the work or structure. Should Developer or 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 necessary work, and Developer shall pay to City the actual cost of such
repairs plus 15% for administration and overhead costs.
19. Repair or Replacement of City -owned Bvpass 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 guarantee the return of the assembly in good
condition and fulfillment of the other obligations shown in the City's Policies and
Procedures entitled "Metering Water Usage of New Water Mains Requiring Temporary
Bypasses", a copy of which is attached hereto and made a part hereof.
20. Mud, Debris, Dust and Erosion
Developer agrees and covenants not to permit mud or other debris to be tracked from the
construction site or elsewhere onto City or County streets or onto private 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 responsibility for dust and
erosion control shall extend to include a period of one year from the date of final
acceptance by the City of the work performed under this agreement.
If a dust or erosion problem arises during development or within a period of one year from
the date of final acceptance by the City of the work performed under this agreement,
including but not limited to installation of telephone, electrical, cable television, and/or gas
facilities, and has not, after notice, been abated by 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.
21. Fire Protection Durino Construction
Fire protection facilities approved by the Fire Chief, including all-weather access road and
an approved water supply capable of supplying the required fire flow, shall be installed
and made serviceable in accordance with the City fire code prior to and during the time of
building construction. The above may be modified when alternate methods of protection
approved by the Fire Chief are provided.
22. Protection of Existing Improvements
Damage to any existing improvements or private or public utility lines installed or being
installed which damage occurs during the onsite and offsite construction required of
Developer shall be the absolute responsibility and liability of Developer. to 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
impagmt (rev. 08/04/2010)
the limits of the project area damaged as part of the construction of the required project
improvements is also the Developer's responsibility.
23 Dwelling Occupancy
The City will not allow occupancy of any building or structure within the project until all
public improvements have been approved and accepted by the Public Works Department
per established City policy and other requirements of the City codes have been met. If
building is started prior to acceptance of the improvements, it is the Developer's
responsibility to inform all prospective purchasers that occupancy will not be permitted
until said fees are paid and public improvements are so accepted.
24 Developer Not Agent of City
Neither Developer nor any of Developer's agents or contractors are or shall be considered
to be agents of City in connection with the performance of Developer's obligations under
this agreement.
25 Notice of Breach and Default
If Developer refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within the time specified, or any
extensions thereof, or fails to obtain completion of said work within such time, or if the
Developer should be adjudged bankrupt, or Developer should make a general
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 Contractor's surety of breach of this agreement, or any portion
thereof, and the default of Developer.
26. 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.
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:
F. Wally Sandelin,
Public Works Director
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-1910
impagmt (rev. 08/04/2010)
Notices required to be given to Developer shall be addressed as follows:
Notices required to be given to Developer's agent shall be addressed as follows:
Notices required to be given to Developer's Contractor shall be addressed as follows:
Notices required to be given to Developer's Contractor 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.
impagmt (rev. 08/04/2010)
28. 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 its corporate name and
seal to be hereunto affixed by its proper officers thereunto duly authorized.
REYNOLDS RANCH PARTNERS, INC.
Date
DEVELOPER'S CONTRACTOR
Date
(CORPORATE SEAL)
CITY OF LODI,A MUNICIPAL CORPORATION
By:
Konradt Bartlam, Interim City Manager Dale
ATTEST:
Randi Johl, City Clerk
APPROVED AS TO FORM:
D. Slephen Schwabauer, City Attorney
iinpagmt (rev. 08/04/2010) 9
Date
City of Lodi
Publics Works Department
Development: Reynolds Ranch
Developer: RPM Company
Engineer: RSC Engineering
COST ESTIMATE
FOR
IMPROVEMENT SECURITY
Acres: 51.60
Date: 7127110
TOTAL COST OF PROJECT IMPROVEMENTS") DEVELOPER COST
Item
Description
Quantity
Unit
Price
Total
Off Site Improvements
1
Commercial Driveway
2
EA
5,483.00
10,966.00
2
Handicap Ramps
4
EA
2,193.00
8,772.00
3
T Sidewalk (Reynolds Ranch Parkway)
4,550
SF
6.00
27,300.00
4
Sidewalk Barricade
1
EA
548.00
548.00
Subtotal
$47,586.00
Water System
Reynolds Ranch Onsite Public Improvements
1
10" Water Pipe PVC
4,900
LF
$49.00
$240,100.00
2
10" Water Valve
15
EA
1,645.00
24,675.00
3
Remove Existing 10" Water Pipe
300
LF
25.00
7,500.00
4
Connectto Existing
3
EA
5,483.00
16,449.00
Subtotal
$288,724.00
Total Construction Cost Subject to Engineering Fee Calculation (A. Developer Cost)
Contingencies (10% of Construction Costs)
Construction Engineering& Staking@ 3%f
TOTAL COST FOR ENGINEERING FEE CALCULATION
TOTAL IMPROVEMENT SECURITY AMOUNTS:
Faithful Performance: 100%ofA & B
Labor & Materials: 50% of A& B
Total $336,310.00
$380,000.00
$190,000.00
Total
2 10,966.00
4 8,772.00
4,550 27,300.00
1 548.00
iubtotal $47,586.00
4,900 $240,100.00
15 24,675.00
300 7,500.00
3 16,449.00
iubtotal $288,724.00
rota) $336,310.00
$336,310.00
$33,631.00
$10,059.00
Total $380,000.00
(1) Costs for most items are based on bid prices from RSC Engineering provided by Developer.
(2) Estimate based on quantities, bid prices and estimates available at this time. Actual costs to be funded by City shall be determined as stipulated in the ImprovemE
IMPROVEMENT SECURITY
Faithful Performance Bond
Bond No.
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Lodi, a municipal corporation, hereinafter designated "City", and GENERAL CONTRACTOR,
hereinafter designated "Principal," have entered into an agreement dated , whereby
Principal agrees to install and complete certain designated public improvements and pay appropriate development impact
mitigation fees within 365 CALENDAR DAYS FROM THE DATE OF THE AGREEMENT, in the development known as
Reynolds Ranch, Phase 2 - Onsite. This agreement is on file in the office of the Public Works Director of the City of Lodi,
and is referred to and made apart hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for faithful performance of said
agreement.
NOW, THEREFORE, we, the Principal and , as surety, are held and
firmly bound unto the City in the penal sum of THREE HUNDRED EIGHTY THOUSAND AND NO/100 DOLLARS
($380,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors, or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions
and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
As a pai-t of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such
obiigation, all to be taxed as costs and included in anyjudgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the work to be performed
or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above named, on
SURETY:
by:
Attorney-in-fact
Agent
Address
APPROVED AS TO FORM:
City Attorney
PRINCIPAL:
Address
IMPROVEMENT SECURITY
Labor and Materials Bond
Bond No.
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Lodi, a municipal corporation, hereinafter designated "City," and GENERAL CONTRACTOR,
hereinafter designated "Principal," have entered into an agreement dated whereby Principal agrees
to install and complete certain designated public improvements and pay appropriate development impact mitigation fees
within 365 CALENDAR DAYS FROM THE DATE OF THE AGREEMENT, in the development known as Reynolds
Ranch, Phase 2. This agreement is on file in the office of the Public Works Director of the City of Lodi, and is referred to
and made a part hereof; and
WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to
file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City and all
contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid
improvements and referred to in the aforesaid Code of Civil Procedure in the sum of ONE HUNDRED NINETY
THOUSAND AND NO/100 DOLLARS ($190,000.00), for materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition
to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in
the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code, so
as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be
and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the work to be performed
or the specifications accoinpanying the same shall in anywise affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on
SURETY:
by:
Attorney-in-fact
Agent
Address
APPROVED AS TO FORM:
City Attorney
PRINCIPAL:
Address
RESOLUTION NO. 2010-143
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
IMPROVEMENTAGREEMENTS FOR PUBLIC IMPROVEMENTS
FOR REYNOLDS RANCH, PHASE II, OFFSITE AND ONSITE
IMPROVEMENTS, DIRECTINGTHE CITY MANAGERAND CITY
CLERK TO EXECUTE THE AGREEMENTS ON BEHALF OF THE
CITY OF LODI, AND FURTHER APPROVING NO -PARKING ZONES
ON ALL OF REYNOLDS RANCH PARKWAYAND HARNEY LANE
FROM STOCKTON STREET TO REYNOLDS RANCH PARKWAY
WHEREAS, the developer of Reynolds Ranch, Phase II, Reynolds Ranch
Partners, Inc., has furnished the City with improvement plans and the necessary
agreements for the proposed project; and
WHEREAS, the developer's contractor has been added to the Improvement
Agreement to furnish the bonding for the developer. The developer's contractor will be
determined by September 1, 2010, at which time the developer's contractor will furnish
the necessary bonds and complete the ImprovementAgreement; and
WHEREAS, the offsite public improvements include the installation cf storm drain
improvements, landscape and irrigation in the median, curb, gutter, sidewalk and street
pavement improvements and installation of signalized intersections. The onsite
improvements include the installation of a public water main and sidewalk and driveway
improvements; and
WHEREAS, the no -parking zones will cover both the east and west sides of
Reynolds Ranch Parkway (approximately 3,700 feet of roadway) and both north and
south sides of Harney Lane from Stockton Street to Reynolds Ranch Parkway
(approximately 1,900 feet of roadway). The additional no -parking zones are required to
accommodate the proposed roadway improvements.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the Improvement Agreements with Reynolds Ranch Partners, LLC, for offsite
and onsite Public Improvementsfor Reynolds Ranch, Phase 11, located on Harney Lane
between Stockton Street and Highway 99, as shown on Exhibit A attached, subject to
Reynolds Ranch Partners, LLC providing a contractor who supplies the required
improvement bonds; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize and
direct the City Manager and City Clerk to execute the Improvement Agreements on
behalf of the City of Lodi if the above bonding requirement is met; and
BE IT FURTHER RESOLVED that the City Council does hereby approve no -
parking zones on all of Reynolds Ranch Parkway and Harney Lane from Stockton Street
to Reynolds Ranch Parkway.
Dated: August 18, 2010
-------------------------------------------------------------------
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hereby certify that Resolution No. 2010-143 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held August 18, 2010, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS —Johnson
ABSTAIN: COUNCIL MEMBERS — None
&OHL
City Clerk
2010-143
OF LODI
..�:
</pOR
PUBLIC WORKS DEPARTMENT
I I en1 _ IM 1
Exhibit A
Harney Lane Improvements
` 00' West of Stockton St to Reynolds Ranch Pkwyj
ReynoiftRand
Shopping Center
Project Area
CITY COUNCIL
PHIL KATZAKIAN, Mayor
SUSAN HITCHCOCK,
Mayor Pro Tempore
LARRY D. HANSEN
BOBJOHNSON
JOANNE L. MOUNCE
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 : \\www. lodi. g ov
August 12, 2010
Reynolds Ranch Partners Phillippi Engineering
Attn.: Dale Gillespie P.O. Box 6556
San Joaquin Valley Land Company, LLC Vacaville, CA 95696
1420 S. Mills Avenue, Ste. K
Lodi, CA 95242
KONRADT BARTLAM
Interim City Manager
RANDI JOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
F. WALLY SANDELIN
Public Works Director
SUBJECT: Adopt Resolution Approving ImprovementAgreementsfor Public Improvements
for Reynolds Ranch, Phase II, Offsite and Onsite Improvements and Approving
No -Parking Zones on all of Reynolds Ranch Parkway and Harney Lane from
Stockton Street to Reynolds Ranch Parkway
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, August 18, 2010. The meeting will be held at 7 p.m, in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand-deliverthe 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 (209) 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
NCC_REYN0LDSRANCHPHASE2.D0C