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HomeMy WebLinkAboutAgenda Report - August 3, 2022 C-11CITY OF �.�• o z CALIFORNIA AGENDA ITEM Clow / / COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Approving Final Map and Authorizing City Manager to Execute Improvement Agreement for Lumina Subdivision, Unit No. 1, Tract No. 4121 MEETING DATE: August 3, 2022 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution approving final map and authorizing City Manager to execute Improvement Agreement for Lumina Subdivision, Unit No. 1, Tract No. 4121. BACKGROUND INFORMATION: Lumina Subdivision, Unit No. 1, is the first phase of a two-phase residential development located west of Stockton Street and south of Harney Lane, as shown on Exhibit A. Unit No. 1 consists of 67 single-family, residential lots and the project will include installation of street frontage improvements fronting Stockton Street and all interior subdivision public improvements. The Developer, RR 150 Lots, LLC, has furnished the City with improvement plans, necessary agreements, guarantees, insurance certificates, and the required fees for the proposed subdivision. Development Impact Fees will be collected as part of the building permit process prior to issuing a certificate of occupancy for each single-family residence in accordance with Lodi Municipal Code 15.64.040. This project is part of the Community Facilities District No. 2007-1 (Public Services) (CFD). Staff recommends approving final map and authorizing City Manager to execute Improvement Agreement for Lumina Subdivision, Unit No. 1, Tract No. 4121. FISCAL IMPACT: There will be an increase in long-term maintenance costs for public infrastructure and City services such as police, fire, and parks, and open space maintenance. This cost will be partially offset by proceeds from the CFD. FUNDING AVAILABLE: Not applicable. 02--j�)WQ Charles E. Swimley, Jr. Public Works Director Prepared by Karissa Kiriu, Associate Civil Engineer CES/KK/cd Attachments cc: City Attorney, Magdich Public Works Management Analyst City Engineer/Deputy Public Works Director, Chang Junior Engineer, Wiman RR 150 Lots, LLC NorthStar Engineering Group, Inc. APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager \\cvcfi1v02\pubwks$\WP\DEV_SERV\Developments\Reynolds Ranch\Residential 2 - Lumina (Northern Property)\Improvement Agreements\Unit 1\Council Communication—Luminal doc 7/18/2022 N Exhibit A Lumina Unit 1 Subdivision w E Vicinity Map S 0 105 210 420 Feet w N C O V Harney Ln. ° M" Lumina Unit 1 R I I T a I �\ a Merton WY. a 2 ° a E 0 Rocky Ln Legend r Parcel Parcel 2 ��■��� City Limits K:\WP\DEV_SERV\Developments\Reynolds Ranch\Residential 2 - Lumina (Northern Property)\Improvement Agreements\Unit 1\References\C_ExhibitA.mxd WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 IMPROVEMENT AGREEMENT forthe PUBLIC IMPROVEMENTS of the LUMINA UNIT 1 SUBDIVISION TRACT NO. 4121 THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California municipal corporation, hereinafter referred to as "City", and RR 150 Lots, LLC, a California limited liability company, hereinafter referred to as "Developer". RECITALS: Developer is the developer of that certain real property situated in the City of Lodi, County of San Joaquin, commonly known as Parcels 1 and 2 (A.P.N.: 058-13-021 and 058-13-022) and more particularly described in Exhibit A and depicted in Exhibit B. Developer has presented to City for approval the final subdivision map, hereinafter called "Map", entitled "LUMINA, Unit No. 1". The Map was filed with the Public Works Director for presentation to the City Council for approval, and is hereby referred to and incorporated herein; Developer has requested approval of the Map prior to the construction and completion of public improvements, including all streets, highways or public ways, and public utilities and facilities which are a part of, or appurtenant to, the Lumina Unit 1 Subdivision, hereinafter called "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 to approve the Map and accept the dedications therein offered on the condition that Developer will first enter into and execute this Agreement with City and meet the requirements of said resolution; and 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 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 Develo er 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 022D001, which is on file in the Public Works Department. The Developer shall also perform or cause to be performed the following items which are not shown on the improvement plans: A. Street light installation and connection to City system; B. Natural gas line installation; K:\WP\DEV_SERV\Developments\Reynolds Ranch\Residential 2 - Lumina (Northern Property)\Improvement Agreements\Unit 1\ImpAgmt_Lumina Unit 1.doc 1 6/29/22 C. Telephone line installation; D. Electrical system; and 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 map 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. Street seal coat; B. 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; C. Storm Water Permit Compliance Inspections. The fee shown on the Billing Schedule is based on one (1) inspection per month for construction activities covering twelve 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. D. Abandonment of existing water and sewer services, developer's contractor is responsible for trenching and backfill; and E. 8" x 10" water service hot tap, developer's contractor is responsible for trenching and backfill. Developer shall also pay all additional costs for work performed by City 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, storm drainage, street improvements, police, fire, parks and recreation, neighborhood parks, general City facilities, electrical, art in public places, non -potable water, and south wastewater trunk line 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. In conformance with LMC Section 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. 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 LMC Section 17.62. K:\WP\DEV_SERV\Developments\Reynolds Ranch\Residential 2 - Lumina (Northern Property)\Improvement Agreements\Unit 1\ImpAgmt_Lumina Unit 1.doc 2 6/29/22 6. 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 required inspection services. 7. 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 and executed 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. 8. Record Drawings and Certifications Prior to acceptance of the Project improvements, Developer shall have installed and put 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. 9. 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. 10. 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. 11. Inspection by City Developer, shall at all times, maintain proper facilities and provide safe access for inspection by City to all parts of the work 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. 12. Contract Securit Concurrently with the execution of this Agreement, Developer shall furnish Improvement Security of at least 100 percent of the estimated cost of the public improvements required to be constructed, plus engineering costs of surveying, record drawings and certifications as security for the faithful performance of this Agreement; and an amount equal to at least 100 percent of the above costs as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement as more fully described in the State Subdivision Map Act. The City has determined these security amounts to be as follows: Faithful Performance: $2,188,200.00 Labor and Materials: $2,188,200.00 13. Warranty Securit Prior to acceptance of the Project improvements by City, Developer shall furnish warranty security of at least 10 percent of the total cost of the public improvements required to be K:\WP\DEV_SERV\Developments\Reynolds Ranch\Residential 2 - Lumina (Northern Property)\Improvement Agreements\Unit 1\ImpAgmt_Lum1na Unit 1.doc 3 6/29/22 constructed, as security for repair or replacement of defective work as provided under Paragraph 17 of this Agreement. The warranty period shall be two 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. 14. 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 15 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. 15. Developer's Insurance Refer to Exhibit D for the insurance requirements for public improvement agreements. 16. 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. 17. 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, 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 -percent for administration and overhead costs. K:\WP\DEV_SERV\Developments\Reynolds Ranch\Residential 2 - Lumina (Northern Property)\Improvement Agreements\Unit 1\ImpAgmt_Lumina Unit 1.doc 4 6/29/22 18. Landscape Maintenance Developer shall perform regular maintenance on the landscape element, including plants and irrigation system, installed with the Project for a period of three (3) years after the final acceptance by City. Should Developer or Developer's surety fail to act promptly or in accordance with this requirement, or should the exigencies of the case require maintenance to be performed before Developer can be notified, City may, at its option, perform the necessary maintenance work, and Developer shall pay to City the actual cost of such repairs plus 15 -percent for administration and overhead costs. Prior to acceptance of the Project improvements by City, Developer shall furnish a separate warranty security of at least 10 percent of the total cost of the public landscape improvements as security for the maintenance costs. The warranty period shall be three years following the date of acceptance of the improvements by City. 19. Joint Trench / Dry Utility Encroachment Developer shall be responsible for obtaining an encroachment permit issued by the City of Lodi Public Works Department prior to commencing any joint trench or other dry utility related work within the City's right-of-way or public utility easements. 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 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." 21. Mud, Debris. Dust and Erosion Developer agrees and covenants not to permit mud or other debris to be tracked from the Project 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 is 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 for dust and erosion problems 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 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. 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 K:\WP\DEV_SERV\Developments\Reynolds Ranch\Residential 2 - Lumina (Northern Property)\Improvement Agreements\Unit 1\ImpAgmt_Lumina Unit 1.doc 5 6/29/22 may be modified when alternate methods of protection approved by the Fire Chief are provided. 23. Protection of Existing Improvements Damage to any existing improvements, private or public utility lines installed or undergoing installation in 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. 24. 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. 25. 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. 26. Notice of Breach and Default If Developer refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if 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. 27. 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 (5) 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 this Agreement, and does not commence performance thereof within five (5) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Developer, and Developer's surety shall be liable to City for any excess cost or damage occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefor. 28. This Agreement shall run with the land and be binding on the Owner, its heirs, successors and assigns. [The balance of this page is intentionally left blank.] K:\WP\DEV_SERV\Developments\Reynolds Ranch\Residential 2 - Lumina (Northern Property)\Improvement Agreements\Unit 1\ImpAgmt_Lumina Unit 1 doc 6 6/29/22 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: Charles E. Swimley, Jr. 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: Stephen Miller Executive Vice President, Signature Homes RR 150 Lots, LLC 4670 Willow Road, Suite 200 Pleasanton, CA 94588 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. 30. Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. [The balance of this page is intentionally left blank.] K:\WP\DEV_SERV\Developments\Reynolds Ranch\Residential 2 - Lumina (Northern Property)\Improvement Agreements\Unit 1\ImpAgmt_Lumina Unit 1.doc 7 6/29/22 31. Execution In Witness Whereof, Developer and City have caused their names and corporate seals to be hereunto affixed. ATTEST: OLIVIA NASHED City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH City Attorney !*I RR 150 LOTS, LLC a California limited liability company Dated: By: STEPHEN MILLER Executive Vice President, Signature Homes (CORPORATE SEAL) CITY OF LODI, a California municipal corporation Dated: Bv: STEPHEN SCHWABAUER City Manager (CORPORATE SEAL) K:\WP\DEV_SERV\Developments\Reynolds Ranch\Residential 2 - Lumina (Northern Property)\Improvement Agreements\Unit 1\ImpAgmt_Lumina Unit 1.doc 8 6/29/22 EXHIBIT A The land referred to is situated In the County of San Joaquin, City of Lodi, State of California, and is described as follows: PARCEL ONE: Commencing six hundred eighty-five (685) feet South of the Northeast comer of the Northwest quarter of Section twenty-four (24), Township Three (3) North, Range Six (6) East, Mount Diablo Base and Meridian, running South parallel with East line of said Section 342 1/12 feet; thence West twelve hundred eighty-five (1285) feet to East line of the right of way of the Southern Pacific Railroad; thence North along the East line of the said right of way 342 1/12 feet; thence East parallel with the North line of said section, twelve hundred sixty-two (1262) feet to point of beginning. EXCEPT THEREFROM all that portion of said land lying within the four hundred foot (4001 Railroad Congressional Grant to the Central Pacific Railway Company by Act of Congress, dated July 1, 1862 (12 Stats. 489, Sec. 9), as amended. A portion of the Northwest quarter (NW1/4) of Section twenty-four (24) Township three (3) North, Range six (6) East, Mount Diablo Base and Meridian, and being more particularly described as follows: Beginning at a point on the East line of said quarter (1/4), said point being South 00 51' East as measured along said East line, 675.0 feet from the Northeast comer of said quarter (1/4); thence South 01 51' East along said East line, 10.0 feet to a point; thence South 870 24' West and parallel to the North line of said quarter (1/4), 1266.6 feet to a point on the Easterly right of way (100 feet width) line of the Southern Pacific Railroad Company, thence North 30 08' East along said Easterly right of way line, 19.55 feet to an Iron rod; thence North 870 28' East along the agreed boundary line between Mlchals and Seemann, 1055.2 feet to an iron rod; thence south 010 51' East and parallel to said East line, 8.25 feet to a point; thence North 870 24' East and parallel to said North line, 210.0 feet to the point of beginning. EXCEPT THEREFROM all that portion of said land lying within the four hundred foot (4001 Railroad Congressional Grant to the Central Pacific Railway Company by Act of Congress, dated July 1, 1862 (12 Stats. 489, Sec. 9), as amended. A portion of the Northwest quarter (NWi/4) of Section twenty-four (24) Township three (3) North, Range six (6) East, Mount Diablo Base and Meridian, and being more particularly described as follows: BEGINNING at a point on the East line of said quarter, said point being South 0° 51' East as measured along said East line 675 feet from the Northeast corner of said quarter; thence South 870 24' West and parallel bD the North line of said quarter, 210 feet to a point; thence North 00 51' West, and parallel to said East line 8.25 feet to an iron rod; thence North 8910 28 East along the agreed boundary line between Pratt and Seemann, 210 feet to a point; thence South 00 51' East along said East line 8.0 feet to the point of beginning. APN: 058-130-21 PARCEL TWO: Beginning at a point 1027.1 feet South of Northeast comer of Northwest quarter (NW 'k) of Section twenty-four (24), Township three (3) North, Range six (6) East, Mount Diablo Base and Meridian, running thence South along the East line of said quarter section, 336 feet to the North line of land owned by E. E. Morse; thence West along said North line 1308 feet to East line of right of way of Southern Pacific Railroad; thence North along East line of right of way, 336 feet, thence East 1285 feet to beginning. EXCEPT THEREFROM that portion as granted to Robert M. Mayer, et ux by Deed recorded March 4, 1949 in Boots of Official Records, Vol. 1189, Page 39, San Joaquin County Records. ALSO EXCEPT THEREFROM that portion lying within the 400 foot Congressional Grant right of way of the Southern Pacific Railroad Company, APN: 058-130-22 HINIi■11011511 ■ 1: ■ t. ■ s ■ ll 00 ■ ■ Exhibit B Lumina Unit 1 Subdivision Vicinity Map 0 a w Lumina Unit 1 Merton Wy. 0 105 210 420 Feet r N C O O Harney Ln. to Rocky Ln Legend Parcel 1 2Parcel 2 CL E �Ilrly o �1■I1� City Limits KAWP\D EV_SERV\Developments\ReynoIds Ranch\Residential 2 - Lumina (Northern Property)\Improvement Agreements\Unit 1\References\SIA—ExhibitB.mxd Fees Charges for Work by City Forces: PW03 BILLING SCHEDULE EXHIBIT C Development: Lumina Unit 1 Subdivision EA @ $ 1,953.00 1,953.00 TV Inspection for Pipe Installation Gross Acreage: 12.90 Developer: RR 150 Lots, LLC 3,347.20 TV Inspection for Project Acceptance 3,834 LF @ $ No. of Units: 67 Engineer: NorthStar Engineering Group, Inc. $11,434.60 $0.00 WATER SYSTEM Date: 6/29/22 Fees: Construction cost $2,188,200.00 Charges for work by City Forces: PW02 DEVELOPER 1 or 2" Service Abandonment 3 EA @ $ 2,295.00 6,885.00 10" Service Abandonment COST CREDITS ENGINEERING 3,473.00 8" Service Installation (8 "x 10" Hot Tap) 1 EA @ $ 7,740.00 7,740.00 Plan Check Fee (5.0% of $100,000) EA @ $ ENGFEE $ 5,000.00 (3.5% of $200,000) $18,448.00 $0.00 ENGFEE 7,000.00 (2.5% of $1,888,200) ENGFEE 47,205.00 Inspection Fee (4.0% of $250,000) ENGINS 10,000.00 (3.5% of $750,000) ENGINS 26,250.00 (3.0% of $1,188,200) ENGINS 35,646.00 Plan Check Fee Paid ENGFEE $ 89,818.00 Improvement Agreement ENGFEE $2,917.00 $ ENGINEERING SUBTOTAL $ 134,018.00 $ 89,818.00 STREET SYSTEM Fees: Storm Water Inspection Fees PW03 1 LS @ $ 2,427.00 $2,427.00 (Charge for 1 year inspection) Post Construction Storm Water Plan Check Fee PW03 1 EA @ $ 680.00 $680.00 (Hydromodification Project) SWPPP Plan Check Fee PW03 1 EA @ $ 567.00 $567.00 Charges for work by City Forces: Seal Coat NC07 92,686 SF @ $ 0.15 $13,902.90 STREET SYSTEM SUBTOTAL $17,576.90 $0.00 Fees Charges for Work by City Forces: PW03 Service Abandonment 1 EA @ $ 1,953.00 1,953.00 TV Inspection for Pipe Installation 2,092 LF @ $ 1.60 3,347.20 TV Inspection for Project Acceptance 3,834 LF @ $ 1.60 6,134.40 SEWER SYSTEM SUBTOTAL $11,434.60 $0.00 WATER SYSTEM Fees: Charges for work by City Forces: PW02 1 or 2" Service Abandonment 3 EA @ $ 2,295.00 6,885.00 10" Service Abandonment 1 EA @ $ 3,473.00 3,473.00 8" Service Installation (8 "x 10" Hot Tap) 1 EA @ $ 7,740.00 7,740.00 1" Meter only (recycled water) 1 EA @ $ 350.00 350.00 WATER SYSTEM SUBTOTAL $18,448.00 $0.00 STORM DRAIN SYSTEM Fees: Charges for Work by City Forces: TV Inspection for Pipe Installation TV Inspection for Project Acceptance STORM DRAIN SYSTEM SUBTOTAL ELECTRICAL SYSTEM To be billed separately by Electric Utility Department TOTAL AMOUNT OF BILLING SCHEDULE DEVELOPER COST CREDITS PW03 1.931 LF @ $ 1.60 3,089.60 PW03 1,931 LF @ $ 1.60 3,089.60 $6,179.20 $0.00 $187,656.70 $89,818.00 ADDITIONAL FEES SB 5 200 -Year Flood Plain Certification Fee 27080000.55020 67 LOTS @ $ TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL 2 200 $13,400.00 $111,238.70 EXHIBIT D 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) to submit the required insurance documentation electronically Insurance Requirements for Public Improvement Agreements Developer shall not commence work under this Agreement until Developer shall have obtained all insurance required under this exhibit, nor shall Developer allow any contractor of subcontractor to commence work on Developer's contact 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 endorsement and shall specifically bind the insurance carrier. Developer shall procure and maintain during the life of this Agreement such insurance as shall insure City, it's elected and appointed boards, commissions, officer, agents, employees and volunteers, 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 Developers' or any contractors' or subcontractors' operations hereunder, whether such operations be by Developer or any contractor of subcontractor or by anyone directly or indirectly employed by either Developer or any contractor of subcontractor, and the amount of such insurance shall be as follows: MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Developer has no owned autos, then hired, and non -owned autos with limit no less than $5,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Developer including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Developer's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Developer's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Developer's insurance and shall not contribute with it. (c) Waiver of Subrogation Developer hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Developer may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Developer agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. Page 1 I of 2 pages Risk: rev. 9/202018 (d) 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 under the Developers commercial general liability and automobile liability policies. (e) 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. (f) 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 Developers insurance lapses or is discontinued for any reason, Developer shall immediately notify the City and immediately obtain replacement insurance. 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.). (g) 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 any 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. (h) Verification of Coverage Developer shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Developer's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Developer to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Developer and Developer's officers, employees, agents, representatives, contractors or subcontractor. Developer's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Developer to procure and maintain a policy of insurance. (k) Subcontractor Developer shall require and verify that all contractor and subcontractor maintain insurance meeting all the requirements stated herein, and Developer shall ensure that City is an additional insured on insurance required from contractors and subcontractors. (1) 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. (m) Completed Operations Endorsement For three years after completion of the project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability. Page 2 1 of 2 pages Risk: rev. 9/202018 When Recorded Please Return to: Lodi City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2022-195 Doc #: 2022-095314 08/10/2022 11:16:59 AM Page: 1 of 1 Fee: $0 Steve J. Bestolarides San Joaquin County Recorders Paid By: SHOWN ON DOCUMENT A RESOLUTION OF THE LODI CITY COUNCIL APPROVING FINAL MAP AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT FOR LUMINA SUBDIVISION, UNIT NO. 1, TRACT NO. 4121 --------------------------- i lid 111II WHEREAS, Lumina Subdivision, Unit No. 1, is the first phase of a two-phase residential development located west of Stockton Street and south of Harney Lane; and WHEREAS, Unit No. 1 consists of 67 single-family residential lots and the project will include installation of street frontage improvements fronting Stockton Street and all interior subdivision public improvements; and WHEREAS, the developer, RR 150 Lots, LLC, has furnished the City with improvement plans, necessary agreements, guarantees, insurance certificates, and the required fees for the proposed subdivision. Development Impact Fees will be collected as part of the building permit process prior to issuing a certificate of occupancy for each single-family residence in accordance with Lodi Municipal Code 15.64.040; and WHEREAS, this project is part of the Community Facilities District No. 2007-1 (Public Services) (CFD); and WHEREAS, staff recommends approving the final map and authorizing the City Manager to execute an Improvement Agreement for Lumina Subdivision, Unit No. 1, Tract No. 4121. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the final map for Lumina Subdivision, Unit No. 1, Tract No. 4121; and BE IT FURTHERVRESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an Improvement Agreement for Lumina Subdivision, Unit No. 1, Tract No. 4121; and BE IT FURTHER RESOLVED pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above - referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: August 3, 2022 I hereby certify that Resolution No. 2022-195 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 3, 2022 by the following vote: AYES: COUNCIL MEMBERS - Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS - None ABSCNT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None OLIVIA NASHED `City: Clerk 2022-195 ' .i •i,A .,