HomeMy WebLinkAboutAgenda Report - September 19, 1984 (84)CITY COUNCIL MEETING
SEPTEMBER 19, 1984
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F.T.G. CiNSIRUC- City Clerk Reimche presented a letter which had been received
TCIN NVITERIALS from F.T.G. Construction Materials Cctgmny asking pennission
C CKVANIY ASKS to stockpile ina t e r i a l on property tie t o nni ned to be owned by
PUTUSSIM 'M the City of I,odi (located on Sacrwrnto Road adjacent to the
SIC74d' I LE new drainage pond now being excavated by their f i nn.
MAIM I Al S Civ
CITY ( MD A lengthy discussion regarding the sul-)jest was held with
Pli[]Pl• M que s t i ons being directed to Staff, the City Attorney. and to
Mr. Alegre of F.T.G. Construction Niaterials Company.
on m t i on of (oun:: i 1 N kirbe r Rc i d, Pinkerton second, Count i I
granted permission to F.T.G. Construction Materials to
stockpile rinterials per their request with the condition that
the City have adequate liability protection. that fencing of
the area be it requirements, arxi that an ongoing program of
sprinkling for du:. be undertaken.
CITY COUNCIL
JOHN R. (RaWv) SNIDER. Mayor
DAVID M HINCHMAN
Mayor Pro Tempore
EVELYN M. OLSON
TAMES W PINKERTON. If
FRED M RE ID
CITY OF LODI
CITY HALL. 221 WEST PINE STREET
POST OFFICE BOX 120
LODI. CALIFORNIA 9S241
(209)334-5634
October 3, 1984
Mr. Frank C. Alegre, Jr.
F.T.G. Construction Materials, Inc.
804 North Cluff Avenue
Lodi, CA 95240
Dear Mr. Alegre:
I r
HENRY A. GLAVES. Ir -
City Manager
ALICE M. REIMCHE
City Clerk
RONALD M. STEIN
City Attorney
Enclosed herewith please find a fully executed copy of Agreement
between the City of Lodi and F.T.G. Construction Materials Cm pany,
granting peimission for you to stockpile material on City property
located on Sacramento Road adjacent to the new drainage pond now being
excavated by your fi m. This Agreement was approved by the Lodi City
Council at its regular meeting of Septenber 19, 1984 and contains the
conditions that were specified by the Council at that meeting.
Should you have any questians regarding this matter, please do not
hesitate to call this office.
Very truly yours,
7
Alice M. Reimche
City Clerk
AMR: jj
Ric.
AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 1984 by ind between F. T. G. CONSTRUCTION
MATERIALS CO., hereinafter k.ioxn as "CONTRACTOR"; and the CITY
OF LODI, a municipal corporation, hereinafter known as "CITY":
W I T N E S S E T H:
WHEREAS, CITY owns property known as the "Hines" parcel,
located on Lower Sacramento Road and Highway 12 in San Joaquin
County; and
WHEREAS, F. T. G. Construction Materials Co. requested
that the Lodi City Council grant permission to them to
stockpile material from excavation of G -South Basin on said
"Hines" parcel and stated that all material would be completely
removed by August 1985;
NOW, THEREFORE, the Lodi City Council at its regulPr
meeting heid on September 19, 1984, agreed to permit CONTPLAC OR
to stockpile land excavation material on said "Hines" property
with the following conditions:
1. TERM: That this Agreement is for a period of time
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f rom _ __ , 1984 until midnight o f August 31,
1985. In the event said stockpiled material has not
been completely removed from said "Hines" parcel by that
time, said stockpiled material shall become the property
of CITY. Further, if CITY is required to regrade the
property to its before agreement level, CONTRACTOR
agrees to pay for said regrading. If CITY is required
to start a legal action to require CONTRACTOR to remove
the stockpile and/or the fence, and/or FOR the cost of
regrading of said property, CONTRACTOR agrees to pay all
CITY court costs and any and all reasonable attorney's
fees incurred by CITY.
2. INSURANCE: That CONTRACTOR rsaintiin in full, force
during the term hereof a policy of public liability
insurance under which CONTRACTOR Is named as insured,
and containing an Additional Named Insured Endorsement
naming CITY as an additional insu.-ed, and under which
the insurer agrees to indeinni-�v and hold CONTRACTOR and
CITY harmless from, and against all costs, expenses, and
liability arising out of, or based upon, any and all
property damage, or damages for personal injuries,
including death, sustained in accidents o,c.-curring in or
about the demised premises; where such accident, damage,
or injury, including death, results, or is claimed to
have resulted, from any act or omission on the part of
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CONTRACTOR, or CONTRACTOR'S agents or employees. The
minimum limits of such insurance shall be $1,000,000/
$1,000,000. In addition to the Additional Named Insured
Endorsement on CONTRACTOR'S policy of insurance, said
insurance policy shall be endorsed to include the
following language:
"Such insurance as is afforded by the
endorsement for the Additional Insureds shall
apply as primary insurance. Any other
insurance mnintained by the City of Lodi or its
officers and employees shall be excess only and
not contributing with the insurance afforded by
this endorsement."
3. FENCING REQUIRBIENTS: That CONTRACTOR is required to
fence entire stockpiled excavation material area with
6 -foot high chain link fence during the entire period
that said material remains on premises and/or for the
duration of this Agreement. Said fencing shall he
removed at the termination of this Agreement and said
property shall be put in the condition that existed as
of the date of the execution of this Agreement.
4. JUST CONTROL AND WATERING: That CONTRAACTOR is required
to provide dust cont7il and watering which shall conform
to the provision, in Sections 10 and 17 of the State of
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California. Department of Transportation Standerd
Specifications July 1984. A copy of said Sections 10 and
17 is attached hereto as Exhibit "A" and incorporated
herein by reference.
Necessary precautions to prevent dust nuisance shall
be taken by CONTRACTOR during all phases of
construction. including non -working dayn. at no cost to
CITY.
In the event that said dust control snel watering
requirements are not complied with by CONTRACTOR, after
two days' notice to CONTRACTOR. CITY shall have dust
control and watering work performed and bill CONTRACTOR
for the costs incurred in having said work done.
5. CITY shall have the right to enter upon said premises to
inspect same at all reasonable times.
IN WITNESS WHEREOF. the parties hereto have executed
this Agreement the day and year first hereinabove written.
CITY OF LODI. a municipal corporation
M
F. 1'. G. CONSTRUCTION MATERIALS CO.
J
.v,a .
DISTCOVI 11M SE(MON 10
svc"rtc)N 10
'i iws,r covni 1.
IU 1.01 1)esrription.—Th►s work shall consist of appl%1i1 either eater
or (hist pallearhs e, or both. for the alleviation or prevention of dust nui-
satec•e
Dust resultrnv Iron► the Contractor's performance of the work. either
inside or outside the nwht o) %say, shell he controlled by the Contractor
in accordance ss•rth the I)rovtseons en Section 0, "Legal Relations and Be-
spottseheltt%
It a uncie•rstood that the 1)ro��esiMIS en Scctlon 1O. '•lhtst c'untrol," u:ll
not I,re%ent the Contractor from applying water or dust palliative for his
, ons (•mince of he so desires
10-1.02 Application.—AVater shall be :kpplied Is provided in Section 17,
��.itermiz, and dust miliati%e shall conform toy and be applied as pro
Ided In Section IS, • I�ust Palleatese•
10-1,0:1 (Blank )
10-1.04 1'avnient.—\o separate pas merit will be made for any work
••rtilrtned or nnaterr.el used tocontrol (just resulting from the Contractor's
,.e rtorne.uie e of the %rork, (-ether inside or outside the right of way. Full
'rnl>e•nsatron for such dust control will be considered as included in the
rues paid for the nanous items of work, involved
�1 hon the I•:n4ineer order, the ;epphcation of slater for the purpose of
: tro krne dust caus(-d I IMbltc tr.efftc onk. such %%ork %% be paid for
sirs ss ()rk :es pros tdecf rn Section 4-1 (131). except as otherwise provided
pec tr:,rr `t 1 t►,;. Suspension of Work
A •
14 1 EXHIBIT A
SECIFION 17
WA 1'1•:1 !NC
17, A.01 Dewription.—This work shall (",I. ist of de, vloE)inn a water.apply anis furnishim,, all \water required for tile work, iricitiding water
:2st'd rn the I)t•rfurmarwt• of \work paid for as extra \work, and applying all
•.\ ator
17-1.02 Application. --Water shall be a)plied in the amounts, at the
ti
.—catlons. anfor the purposes cit•swiiate(I lit the special t)rovisions and
"lt st ,peciti(atlorls, and :Is ordered liy tilt- Ftivineer
MOT for ('ulnpactln,, ettibankinent material, subbase. base and surfac-
:l,t material, and for la%iniz bust shall be it)phed by meat), of pressure-type
lt,trlhutt)rs or )Ipe lines equipped \clt a %pray w%tem or hoses \\•ith
Wit's that \\1 lnsurt• .I uniform application of \Fater
X11 egIIIptnt•IIt Ist•d h)r ttit ' .IpI)IIcat IOII of \% iter shall be otIIIIpped \wit 11
I; -Itt\e rnt•an,, ()f shut -()It
i Hies, other\\ Ise ptninittecl by tht- E•:ngitlt•er or all the \eater is applied
:nK ns of I)Ipt• hilt", at least mit• nluhile unit with a iI11111i11UI11 capacih•
��►1i Qaflun, shall Lv available for appivin►, \.':Iter on tilt- projt•ct at all
MIA25 (Ternival ,%&jiti%v%.—if tilt- Contractor elects to du so he may
r:t•1111cal adchtl\ t•, to \\ iter used tot cornpactlon. If such additives are
..:uriii,tim,� and aP161119 the adthtl\es shall be at the Contractor's
�t1t ,s rest•r\ed by the E "gult'er to Wnblt the use of a particular
to dt•slizn,lte the locations \\'here a particular type of
Ilia' clot he used, or to tutut the amount of a Im"cuhr type of
\t to he used at tint,un locations, ,dl ,f the 1•:nu,rlt•er has reasonable
•. ;vj, in helm•\ing that such use \will he u1 an\ \\:I\' detrimental to the
l- I u t i Blank)
1' 1 n; 1'a\ int•t1t.— Flw Iuillp suill prlt•e paid for develop \eater supply
�•� .::: tulit• full t (,ntpensation for ttlrrllshltiv all labor, materials, tools,
"I!:I11111;r•ut. and incidentals. and tt)r dwiiv all the \work involved in devel-
oprn.• a ,atilt tt'nt suppi\ of \welter and tunuJu g 1)1 )e lines or other neces-
"A ` I111i) IIt•,it to ,IIppic \water to the \\:Iter aVilcarlon equipment f:,r
aU \►. m, required for ti v work. iriciudiniz \wor)aid for as extra work.
F ui1 ( "111I)ctlsation for tht- yuantt'.\' (.)I \\.Iter ust•ti In the performance of
the \►t'rt, lit lutiin>~ \cork jmld ft•; as extra -work, \w111 be considered as
mcilld •tt In tilt letup ,urn p,..: pard for dv%vlop \water supply and no
�luT /tt• I'.►\ ri,t•nt \\ ill he made- therefor
4CIM```' 'i1'' 'trrit nt „t ctrmperlsatic)n \\ 111 be made for the lump slim Itein of
'1r I) \` 't' r •t,I,I;i\ f• •r anw uwreasc or decrease in tilt• quantity of \%-ate-
of the rt•a,1)n for such increase or dt-crvase. The proyl-
��'+'n , t -Ti -i Io (ha►l, t s,' shall :lot apply to the itvin of develop
he c'onc,dt'red as included in
�;vt at,. ' 1 '' '•
-it t,"'\ t , m1ract ltt'iu, r cquiruiv \\ 'iter and no
"::ir'r.t \\,Il t,t inadt tilt nett>r, t•\(,t•I)t that applvuw water for
rn -I ,t t. rc't ,tl'l'rrllllt basis, I.,. prtl\'Idt'd it Section
ur,t P.t\ 11WIlt v-111 ht• Imid for is it part of sa►c, extra
f
SECTION 17 wATERv c '.
work.
When the contract does not include a contract pay item fur develop
water supply, full compensation for developing a sufficient supply of water,
required for the work shall be considered as included in the pi-ces paid
for the various contract items of work involving the use of water and no
separate payment will be made therefor.
r•
t
( 17-2)
PALLIATIVE:
:N -1—U1 Description:
for the prevention
,•,i ut the amount an,
IN -1.02 Materials.—I;
,u„• loan of material
:uun� with water. F.
Hinders that are mise:;
"'I type asphaltic ernul:
iiate, or any other bir. '
rOv,ded in Section 1&1
< <- as a dust palliative.
;'it ders that are direr
,ter shall be a product
.< dust palliative.
its on emulsion shall b;
••1111 -liquid petroleum rt I
u,ui.,lving agent has b
:.,.c,ble with water and
:n. of one part of em
r••Adown or separano: '
11:c h has been stored in . f.
r 1 period up to 3 mor
:,,ulston which has been
.:,t,i tested and approve
3\ A%phalt asphaltic
Emulsions
IN -1.03 Application.--
�th additional water at t
„rider. the exact rate
•--cornplished by piaci t
"r,t ,tmultaneously or 1
results.y
resulting mixture
trucks equipped ;;
.:,tributors conforming t
at an approxi
are yard.
:riders that are direct
rt..r shall be applied w:1,
't�r••r %hall be applied ;
:..r.• yard. :
• -(act rate and num
Engineer.
1.04 Measurement: li
Ile
Paid
`'i"din o
Section 94-1.1
: ti• I.�t i Payment.—Bir
r �'"'tle r (dust palliative F.
r�
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