HomeMy WebLinkAboutAgenda Report - October 15, 2014 C-13AGENDA ITEM c-13
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AGENDA TITLE:
MEETING DATE:
PREPARED BY:
Adopt Resolution Authorizing City Manager to Execute lmprovement Agreement
for Reynolds Ranch Phase 3A Public lmprovements
October 15,2014
Public Works Director
RECOMMENDED ACTION Adopt resolution authorizing City Manager to execute lmprovement
Agreement for Reynolds Ranch Phase 3A public improvements.
BACKGROUND INFORMATION: On October 1,2014 City Council approved the Reynolds Ranch
Phase 3A (Development) improvement agreement containing
insurance requirements on the developer of $5 million general
liability per occurrence and $10 million aggregate along with $5 million automobile liability. These
insurance levels are appropriate for a major construction project, but excessive for this Development. The
developer has requested reduced insurance requirements.
Staff recommends City Council approve a revised improvement agreement containing insurance
requirements of $2 million general liability per occurrence and $4 million aggregate along with $1 million
automobile liability. The revised improvement agreement is provided as Exhibit A.
FISGAL IMPAGT: Not applicable.
FUNDING AVAILABLE: Not applicable.
F. Wally lin
Public Works Director
Prepared by Charles E. Swimley, Jr., City Engineer/Deputy Public Works Director
FWS/CES/smh
Attachment
cc: City Attorney
City Engineer/Deputy Public Works Director
Senior Civil Engineer Chang
Associate Civil Engineer Nathan
Senior Engineering Technician Wiman
Skinner Ranch Holdings, L.P.
RCS Engineering
K:\WP\DEV_SER\ Reynolds
APPROVED
Stephen Schwabauer,Manager
10t8t20't4
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WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
REYNOLDS RANCH PHASE 3A
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California
municipal corporation, hereinafter referred to as "City", and SKINNER RANCH HOLDINGS, L.P.,
a California limited partnership, hereinafter referred to as "Developer" and
A. M. STEPHENS CONSTRUCTION COMPANY,INC., a California corporation, hereinafter
referred to as the “Developer’s Contractor”.
RECITALS:
Developer has presented to City for approval a final parcel map, hereinafter called "Map", entitled
"REYNOLDS RANCH PHASE 3A”, filed on June 24, 2014, on Page 197 of Book 25 of Parcel
Maps.
Developer has presented to City for approval public improvement plans for the Reynolds Ranch,
Phase 3A 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 endors ed
with the approval of the Public Works Director or his designee.
City Council will adopt a resolution authorizing construction and completion of public
improvements, and accepting the dedications therein offered on condition that Developer first
enters into and executes this Agreement with City and meets the requirements of said resolution;
and
Developer’s Contractor is made a party to this Agreement solely to secure the Faithful
Performance Bonds and Labor and Materials Bonds referred 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 17 of the Lodi City Municipal Code (“LMC”).
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:
1. 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 City’s Public Works Director, all of the work and
improvements as shown on the approved improvement plans for the Project, Plan Set
D160, which is on file in the Public Works Department.
EXHIBIT A
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The Developer shall also perform or cause to be performed the following items which are
not shown on the improvement plans:
A. Street light installation and connection to City system. Developer may experience
delays in the delivery of the required decorative street light standards. The street light
standards should be ordered early in the Project schedule to avoid delay in
acceptance of the public improvements by the City.
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 approval of the final maps by the City, it is agreed that the Developer shall
deposit with the City the amount of money shown as the "Developer Cost" on the Billing
Schedule attached hereto as Exhibit “A” and by this reference made a part hereof as
though fully set forth.
From payments made under the 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. 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, storm drain, police, fire, parks and recreation and general City facilities are
required for this Project. Payment of the Development Impact Mitigation Fees shall be
collected prior to issuance of Certificate of Occupancy for each dwelling. The amounts
shown in this Agreement for the Development Impact Mitigation Fees are those in effect
at the time of execution of this Agreement. In conformance with LMC 15.64.050, the fees
are automatically adjusted on January 1st of each year. Fees may also be adjusted at
other times by separate City Council action. The actual fees to be paid will be those in
effect at the time of payment. This Agreement shall in no way limit City’s ability to charge
Developer the fees in effect at the time Developer pays the fees.
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5. Reimbursement from Others.
Developer may be eligible for reimbursement from others for the cost of certain off -site
public improvements that benefit other properties. It is Developer’s responsibility to
request reimbursement and submit the appropriate information per Lodi Municipal Code
Section 17.62.
6. Stormwater Basins.
Until completed in accordance with the City’s Storm Drain Master Plan and accepted by
Council, the temporary storm drain basin located in Parcel 10 shall be privately owned
and maintained. The basin shall be secured using chain link fencing material that
complies with City Standards. Basin maintenance shall be performed by Developer until
such time the permanent storm drain facilities (as indicated in the City’s Storm Drainage
Master Plan) are constructed allowing the basin to be abandoned. All basin abandonment
costs will be borne by the Developer.
7. 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 in 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. 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
Developer's surety, and extensions so granted shall not relieve the surety's liability on the
bond to secure the faithful performance of Developer under 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, Developer shall have installed and in
place all survey monuments as shown on the Maps and provide 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 the improvements described in this Agreement, give all necessary notices,
and pay all fees and taxes required by law.
11. Superintendence by Developer.
Developer shall give personal superintendence to the work of said improvements, or have
a competent agent, foreman or superintendent, satisfactory to the Public Works Director,
on the work site at all times during construction, 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 site. Inspections will be provided during normal
working hours of City staff. 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, including storm water
compliance inspections, required as a part of City inspection activities.
13. Contract Security.
Concurrently with the execution of this Agreement, Developer’s Contractor shall furnish
Improvement Security of at least 100% of the estimated cost of the public improvements
required to be constructed, plus deferred fees and engineering costs of surveying, record
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drawings and certifications as security for the faithful performance of this Agreement and
repair or replacement of defective work under Paragraph 19; and an amount equal to at
least 50% of the above costs, excluding deferred fees, 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: $ 1,134,588.14
Labor and Materials: $ 567,294.07
14. Warranty Security.
Prior to acceptance of the Project improvements by City, Developer shall furnish Warranty
Security of at least 10% of the total cost of the public improvements required to be
constructed, as security for repair or replacement of defective work as provided under
Paragraph 19 of this Agreement. The warranty period shall be two (2) years following the
date of acceptance of the improvements by City. 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-Harmless Agreement.
Developer hereby agrees to, and shall, hold City, its elected and appointed boards,
commissions, officers, agents, and employees, harmless from any liability for damage or
claims for damage from 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 elected and appointed 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 and 17 of this Agreement.
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
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afforded by Developer. In case any class of employees engaged in hazardous work
under this Agreement at the site of the Project is not protected under the Worker's
Compensation Statute, the Contractor shall provide and shall cause each
subcontractor to provide insurance for the protection of said employees. A waiver of
subrogation is required for workers compensation insurance. This policy may
not be canceled nor the coverage reduced without 30 days' prior written notice of
such cancellation or reduction in coverage to the Risk Manager, City of Lodi,
221 West Pine Street, Lodi, CA, 95240. 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 Worker’s Compensation 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 elected and appointed 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
from the Project or 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 Each Occurrence
$4,000,000 General Aggregate
(2) COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Combined Single Limits
Such insurance shall cover liability arising out of any vehicle (including, owned,
hired and non-hired vehicles) operated in performing any and all services
pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12
90, or a later version of this form, or an equivalent form providing equivalent
liability coverage. Developer must have comprehensive automobile liability only if
Developer's vehicles are used for the Project or on the Project property.
A copy of the certificate(s) of insurance with the following endorsements
shall be furnished to the City:
(3) Additional Named Insured Endorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or equivalent
form) such insurance as is afforded by this policy shall also apply to the City of
Lodi, its elected and appointed boards, commissions, officers, agents,
employees, and volunteers as additional named insureds.
(4) Primary and Non-Contributory Insurance Endorsement
Additional insurance coverage under the Developer’s policy shall be “primary and
non-contributory” and will not seek contribution from City’s insurance or self -
insurance and shall be at least as broad as ISO form CG 20 01 04 13.
(5) NOTE: (1) The street address of the CITY OF LODI must be shown along with
(a) and (b) above: 221 West Pine Street, Lodi, California, 95240; (2) The
insurance certificate must state, on its face or as an endorsement, a description
of the project that it is insuring.
(6) Completed Operations Endorsement
A certificate of insurance with a Completed Operations Endorsement, CG 20 37
07 04, will be provided to the City of Lodi during construction and for three years
after acceptance.
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(7) Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance of
Developer shall contain, or be endorsed to contain, a provision that such
coverage shall also apply on a primary and non-contributory basis for the benefit
of the City before the City’s own insurance or self -insurance shall be called upon
to protect the City as a named insured.
(8) 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.
(9) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company
without 30 days' prior written notice of such cancellation or reduction in coverage
to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
(10) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this
Agreement. At least thirty (30) days prior to the expiration of each insurance
policy, Developer shall furnish a certificate(s) showing that a new or extended
policy has been obtained which meets the minimum requirements of this
Agreement. Developer shall provide proof of continuing insurance on at least an
annual basis during the Term. If Developer’s insurance lapses or is discontinued
for any reason, Developer shall immediately notify the City and immediately
obtain replacement insurance.
(11) Failure to Comply
If Developer fails or refuses to obtain and maintain the required insurance, or fails
to provide proof of coverage, the City may obtain the insurance. Developer shall
reimburse the City for premiums paid, with interest on the premium paid by the
City at the maximum allowable legal rate then in effect in California. The City
shall notify Developer of such payment of premiums within thirty (30) days of
payment stating the amount paid, the name(s) of the insurer(s), and rate of
interest. Developer shall pay such reimbursement and interest on the first (1st)
day of the month following the City’s notice. Notwithstanding and other provision
of this Agreement, if Developer fails or refuses to obtain or maintain insurance as
required by this agreement, or fails to provide proof of insurance, the City may
terminate this Agreement upon such breach. Upon such termination, Developer
shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or
facilities.
(12) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by
insurers licensed to do business in the State of California which are rated at least
“A-, VI” by the AM Best Ratings Guide, and which are acceptable to the City.
Non-admitted surplus lines carriers may be accepted provided they are included
on the most recent list of California eligible surplus lines insurers (LESLI list) and
otherwise meet City requirements.
All limits are to be designated strictly for the City of Lodi, its elected and appointed
boards, commissions, officers, agents, employees, and volunteers. All deductibles or
self-insured retentions (SIR) must be disclosed to City’s Risk Manager for approval
and shall not reduce the limits of liability set forth hereinabove. Insurance policies
containing any deductible or SIR provision shall provide, or be endorsed to provide,
that the deductible or SIR may be satisfied by either the Named Insured(s) or the City
of Lodi.
It is required that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits set forth above,
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shall be available to City as an additional insured. Furthermore, the requirements for
coverage and limits shall be (i) the minimum coverage and limits specified in these
insurance requirements; or (ii) the broader coverage and maximum limits of coverage
of any insurance policy or proceeds available to the Contractor; whichever is greater.
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.
17. Evidence of Insurance.
Developer shall furnish City, concurrently with the execution of this Agreement, 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 surety shall, without delay and without cost
to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should Developer or Developer's surety fail to act promptly
or in accordance with this requirement, or should the exigencies of the case require
repairs or replacements to be made before Developer can be notified, City may, at its
option, make the necessary repairs or replacements or perform the necessary work, and
Developer shall pay to City the actual cost of such repairs plus 15% for administration and
overhead costs.
20. Repair or Replacement of City-Owned Bypass Meter Assemblies.
Developer is required by City to install bypass meter assemblies in conjunction with the
installation of water mains in the City of Lodi. 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 f ulfillment
of the other obligations shown in the City's Policies and Procedures entitled "Metering
Water Usage of New Water Mains Requiring Temporary Bypasses."
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, Developer shall have the same removed or repaired forthwith,
and if not removed or repaired upon notice within a specified time, City shall cause the
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same to be removed or repaired and Developer shall be charged for the cost of said
removal or repairs.
Developer, Developer's Developer, subcontractors, 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 two (2) years from the date of final
acceptance by City of the work performed under this Agreement.
If a dust or erosion problem arises during development or within a period of two (2) years
from the date of final acceptance by 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, City shall cause the same to be controlled, and Developer shall be charged with the
cost of said control.
22. Electric Impact Fees.
Developer Agrees to pay the remaining balance of Electric Impact Fees ($145,668.14) by
December 31, 2014. Fees in the original amount of $291,336.28 were required for electric
utility line extension costs as referenced in Section 2.A.i of the “Mutual Agreement to
Terminate Development Agreement” in Ordinance No. 1865 entitled “An Ordinance of the
City Council of the City of Lodi Partially Rescinding and Amending Development
Agreement Pertaining to the Development of 220 Acres Located on (Reynolds Ranch)
(Development Agreement 06-GM-01)”.
23. Fire Protection During Construction.
Fire protection facilities approved by City’s 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 (as set forth in the
Lodi Municipal 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.
24. Protection of Existing Im provements.
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 under this Agreement, shall be the absolute responsibility and liability of
Developer. In other words, it shall be Developer's responsibility to pay for damage to
existing improvements and public or private utilities within the Project property. Damage
to any existing facilities outside the limits of the Project damaged as part of the
construction of the required Project improvements is also Developer's responsibility.
25. Dwelling Occupancy.
City will not allow occupancy of any building or structure within the Project until all
deferred fees have been paid, public improvements have been approved and accepted by
the Public Works Department per established City policy and other requirements of City
codes have been met. If building is started prior to acceptance of the improvements, it is
Developer's responsibility to inform all prospective purchasers that occupancy will not be
permitted until said deferred fees are paid and public improvements are so accepted by
City.
26. Developer Not Agent of City.
Neither Developer nor any of Developer's agents, contractors, or subcontractors are or
shall be considered to be agents of City in connection with the performance of
Developer's obligations under this Agreement.
27. 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
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Developer should be adjudged bankrupt, or Developer should make a general
assignment for the benefit of Developer's creditors, or if a receiver should be appointed in
the event of Developer's insolvency, or if Developer or any of Developer's contractors,
subcontractors, agents, or employees, should violate any of the provisions of this
Agreement, the Public Works Director or City Council may serve written notice upon
Developer and Developer's surety of breach of this Agreement, or any portion thereof,
and the default of Developer.
28. Breach of Agreement; Performance by Surety or City.
In the event of any such notice, Developer's surety shall have the duty to take over and
complete the work and the improvements herein specified; provided however, that if the
surety, within five days after the serving upon it of such notice of breach, does not give
City written notice of its intention to take over the performance of the contract, and does
not commence performance thereof within five days after notice to City of such election,
City may take over the work and prosecute the same to completion, by contract or by any
other method City may deem advisable, for the account and at the expense of Developer,
and Developer's surety shall be liable to City for any excess cost or damage occasioned
City thereby; and, in such event, City, without 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.
29. Notices.
All notices herein required shall be in writing, signed by the authorized representative of
the sender and shall be deemed to have been given when the same is personally served
or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from
the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the
respective parties.
Notices required to be given to City shall be addressed as follows:
F. Wally Sandelin
Public Works Director
City of Lodi
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-1910
Notices required to be given to Developer shall be addressed as follows:
Skinner Ranch Holdings, L.P.
1420 S. Mills Avenue, Suite M
Lodi, CA 95242
Attn: Dale Gillespie / Bart Robertson
Notices required to be given to Developer’s Contractor shall be addressed as follows:
A.M. Stephens Construction Company, Inc.
1717 S. Stockton Street
Lodi, CA 95242
Attn: Andrew Stephens
Notices required to be given to Surety shall be addressed as follows:
________________________________
________________________________
________________________________
________________________________
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Provided that either party or the surety may change such address by notice in writing in
the manner set forth above, to the other party and thereafter notices shall be addressed
and transmitted to the new address.
30. Authority.
The undersigned hereby represent and warrant that they are authorized by the parties to
execute this Agreement.
In Witness Whereof, Developer, Developer’s Contractor, and City have caused their
names and corporate seals to be hereunto affixed.
“DEVELOPER”
SKINNER RANCH HOLDINGS,
a California limited partnership
Dated:________________________ By:__________________________________
BART ROBERSTON
Manager of the General Partner
(CORPORATE SEAL)
“DEVELOPER’S CONTRACTOR”
A.M. STEPHENS CO., INC.
a California Corporation
Dated:________________________ By:__________________________________
ANDREW STEPHENS
Chief Executive Officer
CITY OF LODI,
a California municipal corporation
Dated:________________________ By:___________________________________
STEPHEN SCHWABAUER
City Manager
ATTEST:
______________________________
JENNIFER M. ROBISON
City Clerk
APPROVED AS TO FORM:
______________________________
JANICE D. MAGDICH
City Attorney
RESOLUTION NO. 2014-192
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FOR THE REYNOLDS RANCH PHASE 3A PUBLIC
IMPROVEMENTS
===================================================================
WHEREAS, on October 1,2014, the City Council approved the Reynolds Ranch
phase 3A (Development) lmprovement Agreement c,on_taining insurance requirements of
$5 million'general tianitity per occurreñce and $10 million aggregate, along with
$5 million automobile liability; and
WHEREAS, the above-referenced insurance levels are appropriate for a major
construction project much larger than will be the case for this Development; and
WHEREAS, staff recommends that the city council approve a revised
lmprovement Agreement containing insurance requirements of $2 million general liability
pàlo..rrr"nceänd g4 million aggregate along with $1 million automobile liability.
NOW, THEREFORE, BE tT RESOLVED that the Lodi city council does hereby
authorize the City Manager to execute the revised lmprovement Agreement for Reynolds
Ranch phase 3A Publlc lmprovements on behalf of the City of Lodi, lowering the
insurance requirements to $2 million general liability per occurrence and $4 million
aggregate, along with $1 million automobile liability.
I hereby certify that Resolution No. 2014-192 was passed and _ad_opted by the
City Counc¡t oi tfre iity of Lodi in a regular meeting held October 15, 2014, by the
Dated: October 15,2014
following vote
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS - Hansen, Johnson, Mounce, and
Mayor Katzakian
COUNCIL MEMBERS - None
COUNCIL MEMBERS - Nakanishi
COUNCIL MEMBERS - None
NIFER
Clerk
2014-192
CITY COUNCIL
PHIL KATZAKIAN, Mayor
LARRY D. HANSEN,
Mayor Pro Tempore
BOB JOHNSON
JOANNE L. MOUNCE
ALAN NAKANISHI
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODt, CALTFORNTA 95241-1910
(209) 333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
October 9,2014,
STEPHEN SCHWABAUER
City Manager
JENNIFER M. ROBISON
CitY Clerk
JANICE D. MAGDICH
City Attorney
F. WALLY SANDELIN
Public Works Director
Skinner Ranch Holdings, L.P.
Attn. Dale Gillespie/Bart Robertson
1420 S. Mills Avenue, Ste. M
Lodi, CA 95242
RSC Engineering
2250 Douglas Boulevard, Ste. 150
Roseville, CA 95661
SUBJECT: Adopt Resolution Authorizing City Manager to Execute lmprovement
Agreement for Reynolds Ranch Phase 3A Public lmprovements
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, October 15,2014. 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.
lf 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-deliver the letter to City Hall, 221 West Pine Street.
lf 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. lf you have any questions about communicating with the
Council, please contact Jennifer Robison, City Clerk, at (209) 333-6702.
lf you have any questions about the item itself, please call Charles E. Swimley, Jr.,
City Engineer/Deputy Public Works Director at (209) 333-6706.
r^Åú1ü
F. Wally Sandelin
Public Works Director
FWS/smh
Enclosure
cc: City Clerk
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