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HomeMy WebLinkAboutAgenda Report - March 21, 2018 C-08CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C-8 TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for Reynolds Ranch Water Tank Project MEETING DATE: March 21, 2018 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Improvement Agreement for Reynolds Ranch Water Tank Project. BACKGROUND INFORMATION: Per the approved Reynolds Ranch Water Master Plan, the developer is required to install a domestic water well to supplement the water demand and provide reliable fire flow to the entire Reynolds Ranch Development. The developer, Skinner Ranch Holdings, L.P. (Developer), had not been successful finding a suitable site to construct the domestic water well inside the Reynolds Ranch Development area. Developer proposed to construct a one -million gallon water storage tank in lieu of the water well. The water tank will operate by storing water during low -demand periods; then utilize that storage to accommodate peak -flow demands and required fire flow demand for the entire Reynolds Ranch Development. The project site is located at 2459 Maggio Circle, next to the Well 23 site on Harney Lane, as shown in Exhibit A. The project consists of building a one -million gallon steel water storage tank, booster pump station, and other miscellaneous site improvements. The water in the tank will be pumped from the booster pump station to the City's water mains to supply the Reynolds Ranch Development and surrounding area. The operation of this tank site is very similar to the City's existing one -million gallon water tank site located at 1215 Thurman Street, east of Highway 99. The project site, and all required access easements, will be dedicated to the City when the facility is completed. Developer has furnished the City with improvement plans and the necessary agreements and insurance certificates for the proposed work. Since Developer is conducting the bid opening and will receive bids for the construction work on March 19, 2018, the contractor will not be identified until after this agenda item is published. A revised Improvement Agreement identifying the Developer's contractor will be submitted via blue sheet before the Council Meeting. Developer's contractor will be added to the Improvement Agreement to satisfy the bonding requirements for Developer and will furnish the necessary bonds and execute the Improvement 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 17.62. FISCAL IMPACT: There will be an increase in Tong -term maintenance costs for new water tank facilities. APPROVED: L,,-`� Stephen Schwabauer, City Manager K:\WP\DEV_SERV\Developments\Reynolds Ranch\Water TanklImprovement Agreement \C_ImpAgmt.doc 3/12/2018 Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for Reynolds Ranch Water Tank Project March 21, 2018 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 Senior Engineering Technician Wiman Skinner Ranch Holdings, L.P. BLACKWATER Consulting Engineers, Inc. K:\WP\DEV_SERV\Developments\Reynolds Ranch\Water Tank\Improvement Agreement \C_ImpAgmt.doc 3/7/2018 Proposed Project Site I I ON I .'I 11111 1 maiEMI Salas Park idlewild Dr L 1 L s 3 0 co SII 111;, ,1111111 Oriole Ln. =Argos Wy. 111 • .is E. Borchardt PI WoNN W a) Arcadia ��IIUU orch FIlll 11111 Elementary me=mum ,, II Hunimingbirld=Dr. Perlegos�j y. Cu 1111 1 11 Mas Harney -1 11 NEmow Schaff. _er Drj. i■lr'■ ■'■■■■■■v ■■ ITT j sarosa�L-n, iaiaia boo Nom ■r.' o fow ■w visso 111 • oommige tammik v. i �= in .. = 11111111111 /111111111 11111111111 Legend *Water Tank and Pump Station O Well Site EXHIBIT A Reynolds Ranch Water Tank Vincity Map s 1 inch = 600 feet Path: K:\WP\DEV_SERV\Developments\Reynolds Ranch\Water Tank\Site Map.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 WATER TANK PROJECT 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, LP, a California limited partnership, hereinafter referred to as "Developer", and hereinafter referred to as "Developer's Contractor." RECITALS: Developer is the developer of that certain real property situated in the City of Lodi, County of San Joaquin, commonly known as 2951 Reynolds Ranch Parkway (A.P.N.: 058-65-029) and more particularly described in Exhibit A and depicted in Exhibit B. 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 dedicate land and construct a one million gallon water storage tank, pump station and all related site improvement facilities (collectively "Water Tank") as a condition of the Development. The developer chose to construct Water Tank facility in lieu of a domestic water well which is to serve the entire Reynolds Ranch Development in accordance with the Reynolds Ranch Water Master Plan. Developer has presented to City for approval of public improvement plans for the Reynolds Ranch Water Tank Project, hereinafter called "Project" to construct the water tank, pump station are all related site improvement facilities. Developer has requested approval of public improvement plans for the construction and completion of 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 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. 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 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 Titles 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 a. 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 K:\WP\DEV_SERV\Developments\Reynolds Ranch\Water Tank\Improvement Agreement\Improvement Agreement - WaterTank.doc the approved improvement plans for the Project, Plan Set D182, which is on file in the Public Works Department. b. Developer shall prepare all necessary legal descriptions/maps to dedicate the land, public utility easements, and access easement(s) for the water tank/pump station site as shown on the said improvement plans. All dedications to the City shall be free of lien. c. Developer shall perform all necessary testing and prepare all reports required for the City to acquire the necessary State permit(s) to operate the Water Tank by preparing the necessary permit submittal package. 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 "C" 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 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; 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 a six month 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. Water Service connection work by City crew. Developer shall also pay all additional costs for work performed by City deemed by the Public Works Director necessary to complete the improvements 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 in writing 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, Developer shall provide record drawings and certifications as described in the City of Lodi Public Improvement Design Standards. K:\WP\DEV_SERV\Developments\Reynolds Ranch\Water Tank\Improvement Agreement\Improvement Agreement - WaterTank doc 2 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 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 15; 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: $ 2,011,700 $ 2,011,700 11 Warranty Security Prior to acceptance of the Project 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 15 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. K:\WP\DEV_SERV\Developments\Reynolds Ranch\Water Tank\Improvement Agreement\Improvement Agreement - WaterTank.doc 3 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 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 K:\WP\DEV_SERV\Developments\Reynolds Ranch\Water Tank\Improvement Agreement\Improvement Agreement - WaterTank doc 4 NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage. 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. 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, 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 Developer; whichever is greater. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: A. Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this 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 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. An additional named insured endorsement is also required for Auto Liability. B. 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. 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. D. Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. E. 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- K:\WP\DEV_SERV\Developments\Reynolds Ranch\Water Tank\Improvement Agreement\Improvement Agreement - WaterTank doc 5 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. F. Completed Operations Endorsement For three years after completion of project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. G. 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. 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. 14. 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. 15. 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. 16. 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 $5,075 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." 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. K:\WP\DEV_SERV\Developments\Reynolds Ranch\Water Tank\Improvement Agreement\Improvement Agreement - WaterTank.doc 6 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. If a dust or erosion problem arises during development 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. 18. 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 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 in writing are provided. 19. 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. 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. K:\WP\DEV_SERV\Developments\Reynolds Ranch\Water Tank\Improvement Agreement\Improvement Agreement - WaterTank.doc 7 Notices required to be given to City shall be addressed as follows Charles E. Swimley, Jr. Public Works Director City of Lodi 221 West Pine Street P. 0. 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: 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\Water Tank\Improvement Agreement\Improvement Agreement - WaterTank.doc 8 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, LP, a limited partnership Dated By: Morse Skinner Properties, LLC, a California limited liability company, its general partner By: BARTON R. ROBERTSON Manager (CORPORATE SEAL) "DEVELOPER'S CONTRACTOR" Developer's Contractor, 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) • 4J K:\WP\DEV_SERV\Developments\Reynolds Ranch\Water Tank\Improvement Agreement\Improvement Agreement - WaterTank doc 9 EXHIBIT "A" DESCRIPTION OF REVISED PARCEL 2 All that real property situated in the State of California, County of San Joaquin, City of Lodi, being more particularly described as follows: Parcel 2, as shown on the Parcel Map of Reynolds Ranch, filed in the office of the Recorder of San Joaquin County on October 6, 2016 in Book 26 of Parcel Maps, at Page 64, San Joaquin County Records. TOGETHER WITH that portion of Parcel 3, as shown on said Parcel Map, described as follows: Beginning at the Southwest corner of said Parcel 2, thence from said POINT OF BEGINNING, along the boundary ,of said Parcel 2, the following two (2). courses: (1) North 87°48'20" East, 611.21 feet; and (2) South 00°40'40" East, 18.01 feet; thence South 87°48'20" West, 610.72 feet; thence North 02°14'28" West, 18.00 feet to the POINT OF BEGINNING; containing 0.252 acres, more or less. Revised Parcel 2 described above contains 8.818 acres, more or less. EXCEPT THEREFROM the water rights conveyed to the City of Lodi in that certain Water Rights Agreement recorded August 31, 2010 of Official Records under Recorder's Serial Number 2010-114449, with no rights of surface entry. End of Description No, 7375 Exp. 12-31-17 LINE TABLE LINE BEARING LENGTH L1 S0214'28"E 96.67' L2 S08'04'18"W 42.32' L3 N77'21'11 "E 42.32' L4 S82'01'17"E 42.32' L5 N87'48'20"E 86.36' L6 N0214'28"W 496.61' L7 N56'02'55"E 50.00' L8 S02'14'28"E 132.08' L9 N0214'28"W 18.00' CURVE TABLE CURVE RADIUS DELTA LENGTH C1 90.00' 1018'46" 16.20' C2 60.00' 110'43'07" 115.94' C3 90.00' 1018'46" 16.20' C4 90.00' 1018'46" 16.20' C5 60.00' 73'36'28" 77.08' C6 345.00' 31'42'37" 190.94' C7 395.00' 31'42'37" 218.61' C8 591.50' 1523'52" 158.96' M„L5,62.L2S 2250 Douglas Blvd. Suite 150 Roseville, CA 95661 Ph: 916.788.2884 Fax: 916.788.4408 NO3 '07'48"E REVISED PARCEL 3 17.892± AC. 1325.67' N87'50700"E 248.72' S0210'00"E 95.18'--' A=36°08'22" L=520.37' R=825.00' °AVEC L2 -� �" �- i -a G L10 ,03+�a --I 1--- r". _-1 }"--_i 1...3 L X75 -� ,i._ 11'8i ---i C3 ct� 1 i r _--I--1 k-1 PARCEL 2 �_1m: i_ Iyr -� [ I>r-1 L<i_ . Z 26 P.M. 25 • ._f-- iii _+_ 1 j v 1 -y i i Izr �_1 i_ W ��,_�_ _J L_1» Jr '� co QL�YI,lPI�� A 4 --4 rri III ----I , --1 STOCKTON ST.I--- L._-1._1-----1 (--_-.___-1 I----iaj T I o I - �mr--p c b---1 1 __E L_J>r---r y< 1.---for--I w PARCEL 3 26 P.M. 25 0 N 04. C5 ..., ‘ j ., 1 ►\ ern L6 G6 -, L7 ',► \\ . \co __ 01 PARCEL 1 \'.'`-'•.� 7 iv .12 L8 26 P.M. 64 ,% OP.. tiL: o rNO2'14'36"W f� ,' �� i 236.87' ./4-,,, f� 4 ., J ' CO ° j N8918'l 6 "E 1 50.07' 101 --- c N Ib 00 w REVISED N74 97, PARCEL 2 42'08 8.818± AC. e S00'40$40"E 944.78' EXHIBIT"B" LOT LINE ADJUSTMENT PARCELS 2 & 3, "REYNOLDS RANCH", 26 P.M. 64 CITY OF LODI, COUNTY OF SAN JOAQUIN STATE OF CALIFORNIA DATE: 12/19/2016 PAGE 1 OF 1 Development Reynolds Ranch Water Tank Developer: Valley Land Development Engineer: Blackwater Consulting Engineering Date: 2/28/18 BILLING SCHEDULE EXHIBIT C Gross Acreage: 0.00 No. of Units: 0 Cost for Fee Calculation $2,011,700.00 DEVELOPER COST CREDITS ENGINEERING Engineering Fee (5% of $100,000) ENGFEE $ 5,000 00 (3.5% of $200,000) ENGFEE 7,000.00 (2 5% of $1,711,700) ENGFEE 42,792.50 Inspection Fee (4% of $250,000) ENGINS 10,000.00 (3.5% of $750,000) ENGINS 26,250.00 (3% of $1,011,700) ENGINS 30,351.00 Engineering Fee Paid ENGFEE $ 54,218.00 Improvement Agreement Fee ENGFEE 2,143.00 ENGINEERING SUBTOTAL $ 123,536.50 $ 54,218.00 STREET SYSTEM Fees: Storm Water Inspection Fees PW03 1 LS @ $ 1,925.00 $1,925.00 (Charge for 1 year inspection) Charges for work by City Forces: Seal Coat NCO7 0 SF @ $ 0.08 $0.00 STREET SYSTEM SUBTOTAL SEWER SYSTEM Fees: Charges for Work by City Forces: TV Inspection for Pipe Installation (1701.6525) TV Inspection for Project Acceptance (1701.6525) 107 LF @ $ 107 LF @ $ $1,925 00 $0.00 1 50 160 50 1.50 160.50 SEWER SYSTEM SUBTOTAL $321.00 STORM DRAIN SYSTEM Fees: Charges for Work by City Forces: TV Inspection for Pipe installation PW03 148 LF @ $ 1.50 222.00 TV Inspection for Project Acceptance PW03 148 LF @ $ 1 50 222 00 STORM DRAIN SYSTEM SUBTOTAL WATER SYSTEM $444 00 $0 00 Charges for Work by City Forces: 1-1/2" Meter PW02 1 EA © $ 780.00 780 00 Hot Taps 10x8 and 14x10 PW02 1 LS @ $ 26,900.26 26,900.26 WATER SYSTEM SUBTOTAL ELECTRICAL SYSTEM To be billed separately by Electric Utility Department TOTAL AMOUNT OF BILLING SCHEDULE TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL $27,680.26 $0.00 $153,906 76 $99,688 76 $54,218 00 RESOLUTION NO. 2018-39 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT FOR REYNOLDS RANCH WATER TANK PROJECT WHEREAS, per the approved Reynolds Ranch Water Master Plan, the developer is required to install a domestic water well to supplement the water demand and provide reliable fire flow to the entire Reynolds Ranch Development; and WHEREAS, the developer, Skinner Ranch Holdings, L.P. (Developer), has not been successful in finding a suitable site to construct the domestic water well inside the Reynolds Ranch Development area and has proposed to construct a one -million gallon water storage tank in lieu of the water well; and WHEREAS, the project site is located at 2459 Maggio Circle, next to the City's Well No. 23 site on Harney Lane; and WHEREAS, the project consists of building a one -million gallon steel water storage tank, booster pump station, and other miscellaneous site improvements. The water in the tank will be pumped from the booster pump station to the City's water mains to supply the Reynolds Ranch Development and surrounding area; and WHEREAS, staff recommends authorizing the City Manager to execute an Improvement Agreement for the Reynolds Ranch Water Tank Project. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Improvement Agreement for the Reynolds Ranch Water Tank Project. Dated: March 21, 2018 I hereby certify that Resolution No. 2017-39 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 21, 2018 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None 2018-39 NNIFERt M. FERRAIOLO ity Clerk CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE CITY OF LODI 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 www.lodi.gov March 19, 2018 Blackwater Consulting Engineers, Inc. 605 Standiford Avenue, Suite N Modesto, CA 95350 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director SUBJECT: Adopt Resolution Authorizing the City Manager to Execute Improvement Agreement for Reynolds Ranch Water Tank Project Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, March 21, 2018. 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 -deliver the 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 Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Dorothy Kam at (209) 333- 6706. L Charles E. Swimley, Jr. tl Public Works Director CES/tdb Enclosure cc: City Clerk CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE CITY OF LODI 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 www.lodi.gov March 19, 2018 Skinner Ranch Holdings, L.P. 1420 South Mills Avenue, Suite M Lodi, CA 95242 Attn: Dale Gillespie/Bart Robertson STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director SUBJECT: Adopt Resolution Authorizing the City Manager to Execute Improvement Agreement for Reynolds Ranch Water Tank Project Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, March 21, 2018. 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 -deliver the 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 Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Dorothy Kam at (209) 333- 6706. Charles E. Swimley, Jr. Public Works Director CES/tdb Enclosure cc: City Clerk