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HomeMy WebLinkAboutAgenda Report - February 15, 2017 C-11CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM c.m1t TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for Reynolds Ranch Wastewater Pipeline Extension MEETING DATE: February 15, 2017 PREPARED BY: Public Works Director RECOMMENDED ACTION Adopt resolution authorizing City Manager to execute Improvement Agreement for Reynolds Ranch Wastewater Pipeline Extension. BACKGROUND INFORMATION: Currently, the entire Reynolds Ranch development including the residential and commercial developments, is being served by a temporary wastewater lift station located at Stockton Street and Rocky Lane. The wastewater from the pump station is discharged to an existing wastewater pipe in Stockton Street where it flows north to the Century Boulevard wastewater trunk line. The Reynolds Ranch Wastewater Master Plan states that when the development exceeds the design flow capacity of the existing pipeline, a parallel wastewater pipeline will be required to convey the wastewater generated from all future development of the Reynolds Ranch development area. The proposed Rubicon Apartments project, as shown in Exhibit A, consists of 156 residential units which would generate wastewater flow in excess of the existing design capacity of the Stockton Street wastewater pipeline. The proposed pipeline extension includes a 12 -inch diameter wastewater pipeline installed parallel to the existing Stockton Street wastewater pipeline from Harney Lane to Century Boulevard, as shown in Exhibit B. The developer agrees to enter into a Public Improvement Agreement for the construction of the pipeline, as a condition of the Rubicon Apartments project approval (Permit Application #20161804). The developer, Skinner Ranch Holdings, L.P., has furnished the City with improvement plans and the necessary agreements and insurance certificates for the proposed work. The developer's contractor, A.M. Stephens Construction Company, Inc., has been added to the Improvement Agreement to furnish the bonding requirements for the developer. A.M. Stephens Construction Company, Inc., will furnish the necessary bonds and execute the Improvement Agreement. The bonds will secure the contractor's/developer's performance under the agreement. Portions of the cost to install certain off-site public improvements that benefit other properties may be eligible for reimbursement from others. It is Developer's responsibility to request reimbursement and submit the appropriate information per Lodi Municipal Code Chapter 16.40. FISCAL IMPACT: There will be an increase in long-term maintenance costs for new wastewater pipeline. APPROVED: 1\Schw. ► . er, City Manager K:\WP\DEV_SERV\Developments\Reynolds Ranch\WW extension-2016\Improvement Agreement\C_ImpAgmt doc 2/2/17 Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for Reynolds Ranch Wastewater Pipeline Extension February 15, 2017 Page 2 FUNDING AVAILABLE: The project will be fully funded by the developer. Charles E. Swimley, Jr. Public Works Director Prepared by Lyman Chang, City Engineer/Deputy Public Works Director CES/LC/tb Attachments cc: City Attorney Magdich Senior Civil Engineer Nathan Assistant Engineer Sobin Senior Engineering Technician Wiman Skinner Ranch Holdings, L.P. MCR Engineering K:\WP\DEV_SERV\Developments\Reynolds Ranch\WW extension -2016\ Improvement Agreement\C_ImpAgmt.doc 2/1/17 SKINNER RANCH HOLDINGS, LP 0 0 0 0 0 0 0 0 0 0 0 0 0 CARPORT GATED ENTRY TRASH ENCLOSURE TEXTURED / COLORED ASPHAULT POOL RESTROOM / SHOWERS OUTDOOR BBQ / DINING AREA SPA POOL LANDSCAPE TOT LOT PET AREA SITE AMENITY AREA (BBQ, BOCCE, FITNESS STATION, ETC) GARAGE EXH IBIT A Reynolds Ranch 1 Site Data City°ftam R..ir.m.ma imr umBer Requiretl ryFa Pertenfage Cuu 12Ra ilg Reqetl ter Totl 6"878:d rking Par!'". ark Buildings Rale Parking Parking Parking Parking Par g Parking RbSM1ot61 urpluz/- 1 BR 3146 48 48 58 2346 36 72 BRs 46N 144 14 158 10096 156 13 261. 286 306 1.96 11 Notes'. Covered Parking is required at a ratio oft sp ce per uni 156 covered spaces required 136 carport spaces provided, 0garage spaces provided (156 total,. VICINITY MAP (RUBICON APARTMENT) 0 J O z LL! SITE PLAN + SITE DATA REYNOLDS RANCH APARTMENTS City of Lodi, California Jp.A PROJECT NUMBER: 16002 1 DAM 0S.08a016 1 ®JEFFREY DEMURE . ASSOCIATES ARCHITECTS PLANNERS, INC. 0 15 30 60 5905 GRANITE LAKE ORM. SUITE tau 1 GRANITE BM. CALIFORNIA 957061 P. 916.783.37001 VANWJOAARCH.COM EXHIBIT B STOCKTON STREET WASTEWATER PIPELINE ‘, N i■■■■■t■ �•r� 4IIIIrIIl1111111 III u —Cent lyB'y = L 111111111111 111111111111 011 0 ir .0 ,0 z Salas Park L Proposed Parallel Wastewater Pipeline 111111Et L — �� �■■■■ Feet ■■■■■■■■uIIIII■ — Ex Temporary Wastewater Lift Station Site 11111111111 13 UNIT 1 111 \�nlIII 1 P5 � �C> _Rocky Ln ! co o O I 01 Proposed Rubicon Apartment Ex Stockton St WW Pipe Proposed Stockton WW Pipe Century Trunk Line 0 NI IL V rn G›P' GO J L Barori Blvd. .SJ�OQ'>- 1PP G,$) -_‘SC RUBICON APARTMENT 1 K:\WP\DEV_SERV\Developments\Reynolds Ranch\WW extension -2016\ Improvement Agreement\WW_Pipe.mxd 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 Wastewater Pipeline Extension 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 corporation, hereinafter referred to as "Developer", and A.M. STEPHENS CONSTRUCTION COMPANY, INC., A California corporation, hereinafter referred to as "Developer's Contractor." RECITALS: Developer has submitted a building permit application No. 20161804 for the development of apartments to be known as Rubicon at Reynolds Ranch, hereinafter called "Development". Developer is required to construct a wastewater pipeline extension in Stockton Street to serve the Development as outlined in the 2008 Reynolds Ranch Wastewater Master Plan. Developer has presented to City for approval of public improvement plans for the Reynolds Ranch Stockton Street Wastewater Pipeline Extension, hereinafter called "Project" to construct the pipeline. Developer has requested approval of public improvement plans for the construction and completion of public improvements, including the wastewater 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. 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 refered to in Paragraph 10. 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 016D010, which is on file in the Public Works Department. K:\WP\DEV_SERV\Developments\Reynolds Ranch\WW extension-2016\Improvement Agreement\Improvement Agreement - WW Ext (Revised).doc 1/18/17 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 public improvement plans 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. Televideo inspection of the wastewater lines. The fee shown on the Billing Schedule is based on the linear footage of wastewater pipe 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. B. Storm Water Permit Compliance Inspections. The fee shown on the Billing Schedule is based on one (1) inspection per month for construction activities covering six months period. 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. C. The wastewater facilities shown on the improvement plans are considered to be temporary facilities as indicated in the Reynolds Ranch Wastewater Master Plan. Deposit for the abandonment of the temporary wastewater facilities when the Development connects to the South Wastewater Trunk Line is required for this project. 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. 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. 5 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. 6 Record Drawings and Certifications Prior to acceptance of the Project improvements, Developer shall provide record drawings and certifications as described in the City of Lodi Public Improvement Design Standards. 7 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. 8 Superintendence by Developer K:\WP\DEV_SERV\Developments\Reynolds Ranch\WW extension-2016\Improvement Agreement\Improvement Agreement - WW Ext (Revised).doc 1/18/17 2 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. 9. 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. 10. 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 drawings and certifications as security for the faithful performance of this Agreement and repair or replacement of defective work under Paragraph 16; and an amount equal to at least 100% 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. The City has determined these security amounts to be as follows: Faithful Performance: Labor and Materials: $ 443,200 $ 443,200 11. 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 16 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. 12. 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 13 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. 13. Developer's Insurance Developer shall not commence work under this Agreement until Developer shall have obtained all insurance required under this paragraph, nor shall Developer allow any contractor or subcontractor to K:\WP\DEV_SERv\Developments\Reynolds Ranch\WW extension-2016\Improvement Agreement\Improvement Agreement - WW Ext (Revised).doc 1/18/17 3 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. 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 $5,000,000 Bodily Injury - Each Occurrence/Aggregate $5,000,000 Property Damage - Each Occurrence/Aggregate or $10,000,000 Combined Single Limit 2. COMPREHENSIVE AUTOMOBILE LIABILITY $5,000,000 Bodily Injury - Each Person $5,000,000 Bodily Injury - Each Occurrence $5,000,000 Property Damage - Each Occurrence or $10,000,000 Combined Single Limit Developer must have comprehensive automobile liability only if Developer's vehicles are used for the Project or on the Project property. 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 K:\WP\DEV_SERV\Developments\Reynolds Ranch\WW extension-2016\Improvement Agreement\Improvement Agreement - WW Ext (Revised).doc 4 1/18/17 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 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 elected and appointed boards, commissions, officers, agents 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 Developer's liability. 14. 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. 15. Title to Improvements Title to, and ownership of, all public improvements constructed hereunder by Developer shall vest absolutely in City upon completion and acceptance of such public improvements by City. 16. Repair or Reconstruction of Defective Work If, within a period of 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. 17. 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 same to be removed or repaired and Developer shall be charged for the cost of said removal or repairs. Developer, Developer's contractor, 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 K:\WP\DEV_SERV\Developments\Reynolds Ranch\WW extension-2016\Improvement Agreement\Improvement Agreement - WW Ext (Revised).doc 1/18/17 5 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. 18. 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 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. 19. Dwelling Occupancy City will not allow occupancy of any building or structure within the Development until all deferred fees have been paid, public improvements have been approved and accepted by the Public Works Department pursuant to 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. 20. 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. 21. 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 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. 22. 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. 23. 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: Charles E. Swimley, Jr. _ Public Works Director City of Lodi K:\WP\DEV_SERV\Developments\Reynolds Ranch\WW extension-2016\Improvement Agreement\Improvement Agreement - WW Ext (Revised).doc 6 1/18/17 221 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. P.O. Box 1867 Lodi, CA 95241 Attn: Andrew M. Stephens Notices required to be given to Surety shall be addressed as follows: Provided that either party or the surety may change such address by notice in writing in the manner set forth above, to the other party and thereafter notices shall be addressed and transmitted to the new address. /The balance of this page is intentionally left blank.] K:\WP\DEV_SERV\Developments\Reynolds Ranch\WW extension -2016\ Improvement Agreement\ Improvement Agreement - WW Ext (Revised).doc 7 1/18/17 30. Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. In Witness Whereof, Developer and City have caused their names and corporate seals to be hereunto affixed. "DEVELOPER" SKINNER RANCH HOLDINGS, a California corporation Dated: By. Name: Title: (CORPORATE SEAL) "DEVELOPER'S CONTRACTOR" A.M. STEPHENS CONSTRUCTION COMPANY, INC, a California corporation Dated. By Name. Title: Dated ATTEST: JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH City Attorney (CORPORATE SEAL) CITY OF LODI, a California municipal corporation By: STEPHEN SCHWABAUER City Manager (CORPORATE SEAL) K:\WP\DEV_SERV\Developments\Reynolds Ranch\WW extension-2016\Improvement Agreement\Improvement Agreement - WW Ext (Revised) doc 1/18/17 8 EXHIBIT A - BILLING SCHEDULE Developmen Reynolds Ranch, Stockton Street Wastewater Extension Building SF/1000: n/a Developer: Skinner Ranch Holdings, L.P. No. of Units: n/a Engineer: MCR Engineering Date: 12/19/16 Construction cost (City Cost Schedule) $433,200.00 DEVELOPER COST CREDITS ENGINEERING Engineering Fee (5% of $100,000) (1001.6121) $ 5,000.00 (3.5% of $200,000) (1001.6121) 7,000.00 (2.5% of $133,200) (1001.6121) 3,330.00 Inspection Fee (4% of $250,000) (1001.6104) 10,000.00 (3.5% of $183,200) (1001.6104) 6,412.00 (3% of $0) (1001,6104) 0.00 Engineering Fee Paid (1001.6121) $ 15,425,00 ENGINEERING SUBTOTAL $ 31,742.00 $ 15,425.00 STREET SYSTEM Fees: Storm Water Inspection Fees (1701.6525) 1 LS @ $ 2,082.00 $2,082.00 (12 Months) Charges for work by City Forces: Seal Coat (1001.5411.4) 0 SF @ $ 0.04 Pavement Markers: (1001.5411.4) 0 EA @ $ 8.00 Fire Hydrant ($40 min.) STREET SYSTEM SUBTOTAL $0.00 0.00 $2,082.00 SEWER SYSTEM Fees: Charges for Work by City Forces: TV Inspection (1701.6525) 2,188 LF @ $ 1.50 3,282 00 $3,282.00 $0.00 SEWER SYSTEM SUBTOTAL STORM DRAIN SYSTEM Fees: Charges for Work by City Forces: TV Inspection STORM DRAIN SYSTEM SUBTOTAL (1701.6525) 0 LF @ $ $0.00 1.50 0.00 $0,00 $0.00 ELECTRICAL SYSTEM To be billed separately by Electric Utility Department TOTAL AMOUNT OF BILLING SCHEDULE $37,106.00 Charge for future pipeline abandonment when the Reynolds Ranch $20,000.00 is connected to the SWWTL TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL $41,681.00 $15,425.00 RESOLUTION NO. 2017-18 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT FOR REYNOLDS RANCH WASTEWATER PIPELINE EXTENSION WHEREAS, the proposed Rubicon Apartments project consists of 156 residential units which would generate wastewater flow in excess of the existing design capacity of the Stockton Street wastewater pipeline; and WHEREAS, the proposed wastewater pipeline extension includes a 12 -inch diameter wastewater pipeline installed parallel to the existing Stockton Street wastewater pipeline from Harney Lane to Century Boulevard; and WHEREAS, the developer agrees to enter into a Public Improvement Agreement for the construction of said pipeline, as a condition of the Rubicon Apartments project approval; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute an Improvement Agreement for Reynolds Ranch Wastewater Pipeline Extension. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an Improvement Agreement for Reynolds Ranch Wastewater Pipeline Extension. Dated: February 15, 2017 I hereby certify that Resolution No. 2017-18 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 15, 2017 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 2017-18 -YY\ eAkrA.(21q, NNIFER FERRAIOLO ity Clerk