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HomeMy WebLinkAboutAgenda Report - August 18, 1993 (64)OCIN OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Acceptance of Improvements Under Underground Fuel Storage Tank Removal, 125 North Stockton Street Contract MEETING DATE: August 18, 1993 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council accept the improvements under the "Underground Fuel Storage Tank Removal, 125 North Stockton Street" contract, and direct the Public Works Director to file a Notice of Completion with the County Recorder's office. BACKGROUND INFORMATION: The contract was awarded to Semco of Modesto on November 4, 1992 in the amount of $9,793.91. The contract has been completed in substantial conformance with the plans and specifications approved by the City Council. The contract completion date was March 26, 1993, and the actual completion date was March 22, 1993. The final contract price was $17,093.58. The difference between the contract amount and the final contract price is mainly due to the handling and disposal of 28.5 cubic yards of contaminated soil and additional import, compaction, and asphalt concrete needed to fill and patch the excavation. FUNDING: Originally Budgeted: 1992/93 Budgeted Fund: Capital Outlay Reserve Fund Current Appropriation: $33,600.00 (includes aboveground fuel tank installation) Total Project Estimate: $25,200.00 4a �Jack L. Ronskc� � Public Works Director Prepared by Wesley K. Fujitani, Senior Civil Engineer JLR/WR'�((��/ l m cc: Purchasing Officer Parks Superintendent APPROVED.-- k. THOMAS A. PETERSON recycled D&W ` City Manager CC -1 CFUEI_TN2/TXTW.02M (CO.COM) August 9, 1993 MEMORANDUM. City of Lodi. Public Works Department 0 % To: City Council From: Public Works Director Date: August 20, 1993 Subject: Transmittal of Information Requested by City Council at Its August 18. 1993 Meeting The following items are included or attached per City Councirs request: 1. Copy of purchase agreement between the City of Lodi and Robert Batch This agreement includes the provisions for the use of the dirt at Westgate Park and outlines the responsibilities of the seller. Robert Batch. and the buyer, the City of tont. 2 Documentation on Underground Fuel Storage Tank Removal contract at 125 North Stockton Stn:et 0. Enclosed is a copy of the final contract payment form showing the unit price•; and the total work accomplished. Also attached Is a copy of the signed contract agreement which ovines the bid unit prices and shows the additional items zf -mrk which may have to be included as part of contact payment if contaminated soil is found. 3. Signed Hale Park Improvements Contract Change Order No. 6 The change order included in the Council packet was not signed and the Council wanted to see a signed charge order. 4. No -parking zone on Kettleman Lane fronting Flame Liquors and the City's Municipal Service Center The staff recommendation for no parking fronting the Municipal Service Center and west of Flame Liquors is shown on the attached sheet The staff recommendation provided for a 22 -foot parking zone west of Flame Liquors' driveway. Also attached is a copy of Council minutes showing that Council e)dended the 22 -toot parking area to 42 feet for the purpose of providing for additional on -street parking and/or truck parking. S. Improvement Agreement Addendum for Lodi West Unit No. 1 As requested by Council, staff has confirmed that the figures in both the Agreement and the Council Communication are correct. If you have any estions concerning any of this material, please coniact me. ',Kryu,t� (jack Ronsko blic orks Director Robert Batch Agreement (9) Underground Fuel Storage Tank (5) Haim Paris Wpmiwr rxs (1) KeWemart lane No -Parting Zone (3) cc: City Manager City Clem M1 AGREMSM S . THIS AGRSSsm, entered into this 6th day of January, 1993, by and between ROBERT BATCH, hereinafter 'Sellers, and the CITY OF LCDI, a municipal corporation, hereinafter '*Buyers or *City". 'of ITIT3S 39TH: WHEREAS, Seller is the owner of that certain parcel of land, more particularly described below, constituting fifteen and ninety -sine one -hundredths (15.99) acres more or less, which the City desires to acquire for purposes of a storm drainage basin; and WHERBA.S, said land is a portion of a larger parcel constituting one hundred and one-teath (100.1) acres owned by Seller which he intends to develop within the City; and WHEREAS, in order to provide storm drainage for (among other properties) the balance of Sellers land -at this location, it is necessary that City acquire such parcel; and WHEREAS, the most practical .way to compensate Seller may be by a combination of cash, credits, and future reimbursements as other properties, .which will pay storm drainage fees, develop; NOW, THEREFORE, BE IT AGRMM AS FOLLOWS: 1. Seller agrees to sell and Buyer to purchase that certain parcel of land more particularly described below. In consideration of the mutual covenants, terms and conditions herein contained, it is mutually agreed that: -1- August 18, 1993 AUG L1T.j OF LOD1 Dennis Callahan CITY OF LODI PUBLIC WORKS DEPARTMENT P.O. Box 3006 Lodi, CA 95241-1910 SUBJECT: PROPOSAL FOR SERVICES PUBLIC SAFETY CHILLER REPLACEMENT Dear Dennis: We are pleased to submit this proposal to provide architectural and engineering services to replace the HVAC Chiller Unit for the Public Safety Building. The scope of work that this proposal is based upon is as follows: SCOPE OF WORK Replace two existing HVAC chiller units located in the Public Safety Building basement mechanical room with one new outside pad -mounted chiller unit. Provide redesign of equipment yard area and electrical service and hook-up of chiller. The scope of services is as follows: WENE�L MATTHEIS BOWS. Architects • Meeting with Client • Site evaluation • Demolition Plan and Site Plan • Specifications (not including City of Lodi "Boilerplate") • Cost Estimate • Coordination of consultant engineers • Site construction inspections (3 trips) FEE $2,500 I.rrty u�r,�ti Trnr A aahrir 17mawr B•mr. Architects 11Y L r[c/•rd Sr. 5tnrr + ? 1-14 Cdi fumia 'r42.ill I IN. "11. ;6S. ;Ov.Y AINr 1.1. �J RFfiOAT MATT}lflS AUG L1T.j OF LOD1 Dennis Callahan CITY OF LODI PUBLIC WORKS DEPARTMENT P.O. Box 3006 Lodi, CA 95241-1910 SUBJECT: PROPOSAL FOR SERVICES PUBLIC SAFETY CHILLER REPLACEMENT Dear Dennis: We are pleased to submit this proposal to provide architectural and engineering services to replace the HVAC Chiller Unit for the Public Safety Building. The scope of work that this proposal is based upon is as follows: SCOPE OF WORK Replace two existing HVAC chiller units located in the Public Safety Building basement mechanical room with one new outside pad -mounted chiller unit. Provide redesign of equipment yard area and electrical service and hook-up of chiller. The scope of services is as follows: WENE�L MATTHEIS BOWS. Architects • Meeting with Client • Site evaluation • Demolition Plan and Site Plan • Specifications (not including City of Lodi "Boilerplate") • Cost Estimate • Coordination of consultant engineers • Site construction inspections (3 trips) FEE $2,500 I.rrty u�r,�ti Trnr A aahrir 17mawr B•mr. Architects 11Y L r[c/•rd Sr. 5tnrr + ? 1-14 Cdi fumia 'r42.ill I IN. "11. ;6S. ;Ov.Y C j Q 2 Ib'J 7 Lkr ttbkQER•S CFriCE r • ,!ACES jOiiiVSTO' t ' '93 NAR -Z AYI.8: 00 REMIM AT EEC= OF (,oaz, CF? • l5ay 1-(ql� amt Aodj .. � • ' AGRsBffiNf L TMS AGRSMU=, entered into this 6th day of January, 1993, by and between ROBERTBATCH, hereinafter 'Seller•, and the =Y OF UMI, a municipal corporation, hereinafter 'Buyer* or •city'. WXT98 S SETH: WHERSM, Seller is\ the owner of that certain parcel of land, more particularly described \below, constitute -:q fifteen and ninety nine one -hundredths (15.99) acres more or less, which the City desires to acquire for purposes of a storm drainage basin; and mHEREm, said land is a portion of a larger parcel constituting one hundred and one-tenth (100.1) \aces owned by Sellar which he intends to develop within the City; and \ WHSRSAS, in order to provide storm drainage for (among other properties) the balance of Seller's land at this location, it is necessary that City acquire such parcel; and WHMtWLS, the most practical way to compensate Seller may be by a combination of cash, credits, and future reimbursements as other properties, which will pay storm drainage fees, develop; L NOW, THEREFORE, BE IT AGREED AS FOLIAWS : i. Seller agrees to sell and Buyer to purchase that certain parcel of land more particularly described below. consideration of the mutaal ,.cVeaants. terms and ,.crditiors herein l °3025394 A. Grantor` shall deliver to City a grant CIL for that certain real property in the County of San Joaquin, State of California, as shown on Exhibit A attached hereto, more particularly described as follows: The TRUE POINT OF BEGM2M;G being S 89. 29' 40. E. 137.50 feet distant from the Southwest corner of the Northwest quarter of Section 3, T. 3N., R. 6 E., M.D.B.& M., as filed for record May 17, 1984, *Lodi Park west, Unit Bo. 3, in Hook of Maps and plats, volume 26, Page 137, San Joaquin County Records and also on the centerline of Applewood Drive; thence continuing S 89• 29' 40* 8, 1082.08 feet to the centerline of Evergreen Drive; thence S.06. 24' 42* E, 81.46 feet to the beginning of a curve; thence along a tangent curve to the right having a radius of 750 feet, a central angle of 09. 351. 18* and arc length of 125.51 feet; thence S 03. 10. 36* W, 248.62 feet to the beginning of a curve; thence along a tangent curve to the left having a radius of 1000 feet, a central angle of OS* 10' 36* and are length of 90.35 feet; thence S 020 00' 00* E, 149.01 feet; thence S 88" 00' 00* W, 30.00 feet; thence 3 89. 29' 40* W, 812.78 feet; thence N 480 381 400 W, 126.00 feet; thence N 00• 02' 00* W, 288.00 feet; thence S 896 58, 00* W, 147.50 feet; thence N 00. 02' 00* W, 326.00 feet to the POINT OF BSGL'UTM. containing 15.99 acres more or less. 2. The sales price shall be One Hundred Fifteen Thousand Dollar$ ($115,000) per acre for a total of Oce Million Eight Hundred and Thirty Sight Thousand Sight Hundred and Fifty Dollars ($1,838,850), which shall be payable as follows: (A) Seller shall receive Ten Thousand Dollars ($10,000) in cash at the time the deed is reco- _d by City. -2- 93025394 (B) Seiler bu ll receive credit for any auo all storm drainage fees due and payable on the eighty-four and eleven one -hundredths (84-11) acre remainder of the entire parcel owned by Seller payable at the storm drainage fee rate in effect at the time of development. (C) Seller shall also receive credit for park fees due and payable on the first eighteen and twenty one -hundredths (18.20) acres an the remainder parcel owned by Seller based on the portion of the upland basin property to be used as a park at the Parks and Recreation fee rate in effect at the time of development. (D) insofar as such cash payment and credits far storm drainage and parks and recreation. fees described above de not cover the purchase price to be paid by Buyer, Seller will be reimbursed the balance from storm drainage fees paid by other properties at such time as said properties develop. It is understood that payment of such storm drainage fees by other properties shall be the sole source of revenue for reimbursement of the balance due seller, and such reirbursement shall not be payable until funds are actually received by City. 3. (A) Seller shall be entitled to interest on the balance owed him in an amount equal to the annual percentage change of the Engineering News Record (8148) 20 Cities Construction Cost Index. The balance due shall be calculated in January of each year beginning January 2.994 by the following formula: (EMR January 1 of current year divided by ENR January 1 of prior year) Z Mali ace due January 1 of the prior year less credits and payments made during the previous year). City shall provide a summary of balance credits, payments and adjustments to Seller each year. (B) Until paid in full, Seller shall be entitled to not less than forty percent (40t) of all a-milable net drainage fee revenues received by the City during any year for reimbursement purposes commencing on the a :-active date of this agreement. Seller -3- 93025394 ac)=cwledges Haat City presently has other re,•._.ursement agreements is place which- shall have priority for• repayment from such fees. 4. Seller, pursuant to pleas .approved in advance by City, shall at his ON expense be responsible for preparation of plans and excavati.oa of the drainage basin to City,s specifications. Such excavation shall include: (A) Strippa:.q and stockpiling of the top fifteen (IS) inches of soil for use in the surface of the basin; (8) over -excavation. of basin by nine (9) inches; (C) . Ripping the bottom of the basin to •a depth of two (1) feet is one direction only; (D) The placement and rolling of the topsoil stockpiled; Seller will not be required to provide additional topsoil in the event the fifteen (IS) inches stockpiled does not provide alae (9) inches of fill due to natural losses and/or compaction. Any soil in excess of the above nine (9) inches required for backfill may be disposed of by the Seller in any fashion he desires. (S) provision by Seller of adequate sprinklers or other dust control methods during excavation of such basin; (F) Installation of temporary fencing during construction. Seller may delegate this duty to an agent or a third party mutually agreed upon by the City. All other soil excavated may be retained, sold or disposed of by Seller. During such excavation, Seller or his designated agents shall provide proof o: liability coverage, naming the City of Lodi as additional named insured in an amount of One Million Dollars ($1,000,000). S. Title to the prcpert-I demised hereunder shall pass free of any liens or eacumbrances except current taxes d&..1e, if anY. Seller shall obtain -4- 93025394 and provide _0 Bayer at the time title pas&.-; a release of any and all liens, mortgages, or encumbrances on the portions of his property conveyed to the City under this agreement. Title insurance, documentary stamps, and escrow fees (if any) shall be the responsibility of Buyer. Title to the demised premises shall pass on execution of this agreement. 6. The rights to any reimbursements hereunder are deemed personal to . Seller and shall not run with the land on the remainder of Seller s property, except the fee credits described in Section 2 above. 7. Excavation of the basin by Seller shall be accomplished prior to the acceptance by City of the first unit of nay subdivision of the re=Linder parcel or not more than one year after execution of this agreement, whichever comes first. 8. City shall be responsible for installation of and all casts associated with the following items: a) six-foot (6') permanent chain link fence and mow strip; b) Drainage system in the bottom of basin; W Basin turf and landscaping; and d) Portion of street construction within the basin parcel and fifty percent (Sot) of the street lights, water, sewer and storm linea fronting the basin parcel in accordance with applicable City ordinances; e) All other on-site improvements. City agrees to diligently pursue the completion of the basin/park including turfing and irrigation on a schedule compatible with Seller's development plans, taking into account the availability of funds for such projects. -5- 9. It is agreec, that recorded and shall assigns of Seller. Seller at: 93025394 time is of the essence. This agreement may be enure to the benefit of the heirs, successors, or In connection therewith, notice may be Mailed to Robert R. Batch 1819 South Cherokee Lane, Unit $67 Lodi, CA 95240 In the event a reimbursement due hereunder is unclaimed for tvo (2) years from the date of mailing, it shall revert to the City. It shall be Sellers responsibility to notify City of any change of address. 10. It is understood between the parties hereto that this sale/purchase agreement is executed under threat_ of eminent domain for the City,s acquisition of land for a stone drainage basin. Had the parties hereto been unable to reach a mutually -agreeable resolution, the City Attorney res prepared to recommend to the City Council that a Resolution of Necessity to acquire said parcel by condemnation, be adopted by the City Council of the City of Lodi. 11. Herein is set forr-h the entire agreement between the parties. The performance of these conditions constitutes full performance and shall relieve City of all further obligations or claims. 12. In the event either party hereto breaches the terms, conditions and covenants of this Agreement, then, the prevailing party in any suit to enforce this Agreement or restrain the breach thereof, shall in addition to any other relief or damages awarded, be entitled to a reasoaeble attorney's fee and all costs of suit to be set sari determined by any court of competent jurisdiction and added to any judgment obtained. IN 'M7TNESS WHEREOF, the parties hereto have set their hands the day and year First hereinabove mentioned. -6- 93025394 an= Una asaaaasraaaaaaaa sasssasssaaaasssraassassrasssassssssrsssaarssasasssaasa CITY OF LODI, a =,nicipal corporation THOMAS A. PETERSON City Manager ATTEST: l ALiCB M. kznidjiz City Clerk (2) . AGRE3AsN/T=.01V e-1". .. 1 -1.tt State of G/i-tcr�; County of , OnOATZ before me, M* personally 7 R. BATCH_ APPROVED AS TO FORM: tt� .._/ /I -1--ai BOB McNATT City Attorney ('personally known to me - OR - ❑ proved to me on the basis of satistactory evidence to be the person(s) whose name(s) Ware subscribed to the within mstument and ac- knowledged to me that lseftbmlthey executed the same in h+s4Mr/their authorized swtaCN BLAURA capacity(iss), and that by hisAmwItheir Qmv C01440966M signatures) on the instrument the person(s). "CBC PubAcCCOWria SSANTA MCouNIV or the entity upon behalf of which the COMM. OvDb es MAY M.19% � person(s) acted, executed the instrument. Ns 3tl9 rc OPTtt)nAL SEcnam ��■■� . CAPACITY CLAIMED BY SIGNER Thaw taint now tat warts ttr wosrtr to fm In n+. am Jtloa, aotetct so nnar prow kwakn M a oewotts wr�q m a+s eoasnant tNDM TE OFFICER(S) ®JCOR= (s) V. ZtR.Etsi ❑ PARTNOM ❑ t MrrElD C1 GENERAL �! 0 ATTORNEY4N-FACT �• ❑ kms) [] ATOR ❑ OTHER J; SIGNER 1S REPRESENTING: WrrNESS my hand and official seal. NAAAE OF PV%S0Ks CA &On'" M OPTIONAL SECTION, " THIS CERTIFICATE MUST BE ATTACHED TO TaU OR TYPE CF DOCUMENT�Wy THE DOCUMENT DESCRIBED AT RIGHT: 7i� o j NUMBER OF PAGES r DATE CF DOCUMEN- � / l :1 -hougn " cata mcu*stea ftm is not ril xe0 by Law. �� 51 -t cou a orewnt trauawsnt reanacnmem d 7ws ;om+. SIGNEWS) OTIHER THAN NAMED AAOVE �nLf _ i JQ T "992 NA71C'4AL VOTARY ASSOCUP.CN • H2J6 Remmet Aw.. ? O Sax 7'8A -Canova Parc. CA 91 309-71 84 o^ 95394 CITY O F UOD ! GST DEED 187 N. Lower Sacramento Ra. LIS PUBLIC WORKS DEPARTMENT 029-030-33 Southwest corner of the Northwest • quarter of Section 3 f- TRUE POINT OF BEGINNING WCOGAM PM o i oe rrli 506' 24.41'E 81.4a•-< so"�E o • woo' 02borw 326.W '0NW =49"7R)1Om I (Street [1saw se ww 147.50' I W F A .. O S f 0 saw 10.36** � S 3 �0 8 A S f N 246.62 I 0 oo MW 3a'4(rW © Sa6. 49.2, =cRi 12&W , DOW sG2. 00% OW 9.40"M 8127a• 149.011 � I v lewood Drive � v w •r o MRPT DAZ4 0 R = 750' 1 = 9° 35'1 L = 125.31' T = 52.90' O R = 1000' < = 5* 10'36" L = 50.35' T = ?5.21 C _7TY OF -0G -- CONTRACT '°AYMEN T PUEL C. WCPK 7EPAn i MSN R;01,;ECT UNDERGROUND FUEL STORAGE TANK REMOVAL tl 125 Nortl Stccxton Street ACCOUNT n..A@E.;S p 121.0-750.09 C'NT;;AC71-;q James C. Bateman Petroleum Servic! s g 08A SEMCO C :7.:-400.0E 431 West Ha tcn Roaa 0 •9 . + -450.0 7 Modesto. CA 45351 E cQ I.: ac_cunts as inCic3te� 11r-4CONETOTAL 0WoA ORK � 11 LrNTTS �I: —m � �. I ACCT �� , CNIT ,ICS; AMOUNT t It 11 LS 1 emova i of -ue i Tank. Pi:)iru. 1 ii t a t ! 11 t 11 1 Pumo islana, Eauioment Venicle I it { 0 i 2 it 1 11 11 4.` F % 11 11 Slao. Asonait Paving 1A IIS 3,325 71 GAL a Rue i ana Ri nsate Oi scosal / 1 11 1 A 11 7 ZZ --t7 = H ! 11 it Hazaraous haste ,Manifest !A i{ 1 95 11LS !10i soosal of Fuel Tank and Tank I H I 11 qt 71.- 111 I► 1 II 11 Track! no IA 11 200 00 1 Zee I vo 4. It Ic II EA II Soi 1 s Test (Est.) IA 11 250 00 1 4 2.-,-0 1,^,:p 5. Ii 1 11 LS it Soils Reoo*t 1 II Incluae(l I II 6. t e I -77, -ll LS II Permit 1 C'. osure of Underground 1 11 1 1! II t II 11 Tank) to it 234 00 N z r 7. II I 11 HR t Heaitl Insoector Fe•!s/Rate (Est. SIA 78 00 1 Z lacy 8. tl ,[y tZZ11 TON 11 Imoort Borrow IA 11 25 172 4 i si 17 9. !1 f y !ZZ 11 TON II Camoaction of 3ackfi l l ed Imoort t 11 1 11 1 L I q d Borrow IA ..II 36 95 11 2.372 143 IO. II z4* l N .ON If Asonal t ConcreTe Pavi no iA !1 214 .71 itZr9 II. 11 i 11 LS II Excavation Safety I !I included I It 11 1 11 11 1 it 1 11 .I ! 11 •I ADOI T IONAL 1 T'c.MS OF WORK ! 1t I !I 1 q t !I 11 I tl t q t A. 1 I it Cy tl Aaai ti ona l Excavation (as 1 tt t it t 11 t q II reou i red to remove contami nated I 11 i 11 t II I it It soi 1) I !iS ?5 00 r 11 1 B. ! -z IS -11 CY Il Handl ino and Di soosal of t II I 11 ! 11 1 11 1i Contaminated Soil A 1 115 00 tl z -, ► o C. 11 ! li HR II Crwr Stanabv Charge for 1 :1 1 11 ! d 1 11 iISemoiino Soil Ifor samoles in I 11 i .I ! { II 1 tl :1 excess of 5 samoles 1 I 11 15-0 00 -I 1 WORK CCt�� i1 c MACE 3Y TOTAL VALUE CF WORK ZONE TO CATE .5: LESS -0 PER CZ.14T nEi c'rT'ON TOTAL CUE TC DATE 'I iS3£y Z LESS PAEV ICUS P&Y11E4TS (OoAYS 4 S /DAY) LESS L:GUi3ATZ-3 CAMAGES ! r I <i sY ! SALAt4C- CUE 3N 71-4-7-3 -_�T=.MA7= 11 77,1-F !'5E�"( -•�i� r UNDERGROUND FUEL STORAGE TANK REMOVAL SECTION 4 125 North Stockton Street CONTRACT CITY OF LODI, CALIFORNIA THIS CONTRACT made by and betreen the City of Lodi, State of California, herein referred to as the "City," and James C. Bateman Petroleum Services, Inc., DBA SEMCO, herein referred to as the "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other, as follows: The complete Contract consists of the following documents which are incorporated herein by this reference, to -wit: Notice Inviting Bids Information to Bidders General Provisions Special Provisions Bid Proposal Contract Contract Bonds Plans The January 1988 Edition, Standard Specifications, State of California, Business and Transportation Agency, Department of Transportation All of the above documents, sometimes hereinafter referred to as the "Contract Documents," are intended to cooperate so that any work called for in one and not mentioned in the other is to be executed the same as if mentioned in all said documents. ARTICLE I - That for and in consideration of the payments and agreements ereina`ter mentioned, to be made and performed by the City and under the condition expressed in the two bonds bearing even date with these presents and hereunto annexed, the Concractor agrees with the City, at Contractor's cost and expense, to do all the work and furnish all the materials except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of the City the proposed improvements as shown and described in the Contract Documents which are hereby made a part of the Contract. ARTICLE II - The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide all materials and services not supplied by the City and to do the work according to the terms and conditions for the price herein, and hereby contracts to pay the same as set forth in Section 5.600, "Measurement, Acceptance and Payment," of the General Provisions, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, exec!itors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4.; FUELTANK.CON/TX74.02M ARTICLE III - The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence pay, apprenticeship or other training programs. The responsibility for compliance with these Labor Code requirements is on the prime contractor. ARTICLE IV - And the Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the p-..secution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Contract Documents and the requirements of the' Engineer under them, to -wit: Perform the work necessary to remove one 2,000 gallon single-wall steel underground fuel storage tank, piping, concrete dispenser island, dispenser, vehicle slabs and adjacent asphalt concrete paving. The work shall also include all permits, inspection fees, draining, cleaning and purging of fuel lines and tank, disposal and tracking of tank, soil tests and report of test results, all excavation, backfill, import borrow, compaction and grading to return the site to its original condition and other incidental and related work, all as shown on the plans and specifications for the project. BID ITEMS ITEM EST'D. NO. DESCRIPTION UNIT QTY. UNIT PRICE TOTAL PRICE 1. Removal of Fuel Tank, Piping, Pump Island, Equipment Vehicle Slab, Asphalt Paving LS $3,325.71 $3,325.71 2. Fuel And Rinsate Disposal/Hazardous Waste Manifest GAL 100 S 1.95 S 195.00 3. Disposal of Fuel Tracking 4. Soils Test (Est.) 5. Soils Report Tank and Tank LS S 200.00 S 200.00 EA LS 4.2 FUELTANK.CON/TX74.02M 6 $ 250.00 $1,500.00 $Included $Included ITEM EST'D. NO. DESCRIPTION UNIT QTY. UNIT PRICE TOTAL PRICE 6. Permit (Closure of Underground Tank) LS S 234.00 S 234.00 7. Health Inspector (Fees/Rate) (Est.) HR 4 S 78.00 S 312.00 8. Import Borrow TON 30 $ 25.72 S 771.60 9. Compaction of Backfilled Import Borrow TON 30 S 36.95 $1,108.50 10. Asphalt Concrete Paving TON 10 S 214.71 $2,147.10 11. Excavation Safety LS $Included SIncluded TOTAL BASE BID $9,793.91 ADDITIONAL ITEMS OF WORK A. Additional Excavation (as required to remove contaminated soil) CY 1 S 25.00 $ 25.00 B. Handling and Disposal of Contaminated Soil CY 1 S 115.00 $ 115.00 C. Crew Standby Charge for Sampling Soil (for samples in excess of 6 samples) HR 1 S 150.00 $ 150.00 ARTICLE V - By my signature hereunder, as Contractor, I certify that I am aware o the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ARTICLE VI - It is further expressly agreed by and between the parties hereto that, should there be any conflict between the terms of this instrument and the Bid Proposal of the Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 4.3 FUEL TANK. CON/TX74.02M ARTICLE VII - The City is to furnish the necessary rights-of-way and easements and to establish lines and grades for the work as specified under the Special Provisions. All labor or materials not mentioned specifically as being done by the City will be supplied by the Contractor to accomplish the work as outlined in the specifications. ARTICLE VIII - The Contractor agrees to commence work pursuant to this contract within 15 calendar days after the Mayor has executed the contract and to diligently prosecute to completion within 20 WORKING DAYS, additional time will be allotted for permit process/tests/plan review. WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME OF COMPLETION FOR THIS CONTRACT IS REASONABLE AND THE CONTRACTOR AGREES TO PAY THE CITY LIQUIDATED DAMAGES AS SET FORTH IN SECTION 6-04.03 OF THE SPECIAL PROVISIONS. CONTRACTOR AGREES THAT THIS AMOUNT MAY BE DEDUCTED FROM THE AMOUNT DUE THE CONTRACTOR UNDER THE CONTRACT. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date written below. CONTRACTOR: itle �. . ;CORPORATE SEAL) 4.4 FUEL-ANK.CON/TX7.4.OZM CITY OF LODI By: May - — Date: / �3 Attest: �r Pty Clerk 6 - ARTICLE VII - The City is to furnish the necessary rights-of-way and easements and to establish lines and grades for the work as specified under the Special Provisions. All labor or materials not mentioned specifically as being done by the City will be supplied by the Contractor to accomplish the work as outlined in the specifications. ARTICLE VIII - The Contractor agrees to commence work pursuant to this contract within 15 calendar days after the Mayor has executed the contract and to diligently prosecute to completion within 20 WORKING DAYS, additional time will be allotted for permit process/tests/plan review. WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME'OF COMPLETION FOR THIS CONTRACT IS REASONABLE AND THE CONTRACTOR AGREES TO PAY THE CITY LIQUIDATED DAMAGES AS SET FORTH IN SECTION 6-04.03 OF THE SPECIAL PROVISIONS. CONTRACTOR AGREES THAT THIS AMOUNT MAY BE DEDUCTED FROM THE AMOUNT DUE THE CONTRACTOR UNDER THE CONTRACT. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date written below. CONTRACTOR: E S 10 f rJ T -,.,"CORPORATE SEAL ) 4.4 FUEL 7ANK.CCN/TX7'd.O2M CITY OF LODI G3;� � By: Ra-y Date: 19-Vlq-3-- Attest: Told. a?6£ ?S9 9 T 6T:ZT £66T-bZ-�flti • C CITY OF LOCI PUBLIC VORKS DEPARTMENT COYTRACT CHANGE ORDER No. 6 Sheet I of 1 Date 7 st Account No. 45.7-760.60 PROJECT: HALE PARK IMPROVEMENTS, 208 East Locust St. CONTRACTOR: BRCO Constructors You are.directed to make the following changes or do the following work not included in the Plans and Specifications on this contract. - - - - - - • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of work to be done, estimate of quantities, and prices to be paid. Specify whether additional work is at contract price, agreed price, or force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Remove existing sprinkler system and provide additional topsoil. Agreed upon price $1,386.00 PERCENT OF CONTRACT Original Contract Price S 458 000.00 Total Cost of This Change Order NOT TO EXCEED S-1 386.00 0.3 Previous Change Orders S _T9 413 Z5 Total Cost of All Change Orders to Date f—$ 15.0 Contract Price, including all Change Orders, will be: f 538,799.25 Time of completion will be adjusted as follows: no adjustment to working days Submitted by,_Date 8-10- 3. _ Approval RecommeDate _ Approved, Public Yo s rector Bate s . z E"" Approved, City Manager {if overar er or eac cr $25, tots s Date The indersigned contractor, having carefully considered the change proposed, agrees, if this proposal is approved, to provide all equipment, furnish all materials, except as otherwise noted above, perform all services necessary for the work above specified, and accept as full payment the prices shown above. ACCEPTED: Date $�A� li3 Contractortil c C C-nm-54. 3y Title f e e Jt aP'& If the Contractor does not sign acceptance of this order. the Contractor should refer to Section 4-1.03A of the Standard Specifications regaraing filing a written protest within the specified time. CCOHALE6J'rA'P1.O2M :0 d CC !"i 6'I I z.6 7, tiny o- - ..-J, CITY OF LODI PUBLIC WORKS DEPARTMENT or eA=jss .Tom^�h4'gi.G1� /,&gZii". AL stiruTez wN✓ ��I�A w✓1'rV W-l.t;L CAPAJ , I"i —i- M agicAPAt.. y--�- i�oPG�� "�Ia t��Ctt•,L+,, 167 . I 1 22� PL me WgUC�Z Continued December 18, b) Approved the inclusion of the excess widening on Highway 12 and the signal relocation at Highway 12 and Lower Sacramento Road as impact fee funded projects. The motion carried by the following vote: Ayes: Council Members - Pennino, Sieglock, and Pinkerton (Mayor) Absent: Council Members - Hinchman Abstain: Council Members - Snider "NO PARKING" ZONE 1345 WEST KETTLEMAN LANE (STATE HIGHWAY 12), AT ACCESS TO THE MUNI^'PAL SERVICE CENTER/ANIMAL SHELTER RESOLUTION NO. 91-233 CC -48(e) The City Council was advised that the Engineering Division CC -300 has received a request for the installation of a "no parking" zone on Kettleman Lane adjacent to the driveway access to the MSC and Animal Shelter. Trucks and other vehicles parking on Kettleman Lane adjacent to this driveway make it difficult for drivers to see approaching vehicles while exiting onto Kettleman Lane. Exiting is especially difficult for drivers of large trucks laden with equipment or towing supplies such as power poles. Engineering staff has surveyed this location to determine truck parking and parking demand. The results of the survey indicate that, on several occasions, staff has observed trucks and other vehicles parking adjacent to this driveway. Overall parking demands in the area appear to be minimal. Available accident records, from 1988 to the present, indicate that there have been no accidents at this location. In order to provide adequate sight distance for vehicles exiting from this driveway, staff recommended that Council approve the installation of 157 feet of "no parking" east of the driveway and 72 feet west of the driveway. The entire length of this "no parking" zone lies in front of City owned property. Caltrans approval is required for this "no parking" zone after City Council approval. Following discussion, on motion of Council Member Snider, Pinkerton second, the City Council adopted Resolution No. 91-233 approving the installation of a "No Parking" zone on the north side of Kettleman Lane adjacent to the driveway 21 In this way, our staff will have a much better knowledge of the system and will be able to add users and make system changes without an expensive on-going support contract. J. Thus we will save money in the long run as well as in the short term. The components of the system will cost less than $5,000 ., apiece, so our normal informal purchasing procedures can be 3� •' 22 18, 1991 00 inued' December access to the Municipal Service Center (MSC) and animal Shelter. Forty-two feet of parking area will be provided ' immediately west of the Flame Liquor westerly Kettleman Lane driveway.. IC WORKS LOCAL AREA NETWORK RASE CONCEPT APPROVED - ILUTION NO. 91-235 2(d) The City Council was reminded that as part of the 1991/92 s,• i00 operating budget, the City Council approved the purchase of _ a microccmputer local area network for the Public Works Department. This purchase was a major part of the previously approved switch from a minicomputer-based,14, PF`` limited use, drafting system to a more flexible, less expensive microcomputer -based system. This switch was approved by the Council in March 1991. The budget request for the network was for $49,000. In light of budget restrictions, it was decided to phase the '= work; thus $30,000 was approved in the budget with the following funding: $7,500 Sewer Fund S7,500 Water Fund •' S7,500 Gas Tax =.0 57,500 Equipment Fund Now that we have completed the drafting switch to „ i'• microcomputers, the need for the local area network to share drawings and the plotter is more critical than ever. In our budget request we assumed we would go to bid for a complete turn -key package. However, through our research and preparatory training we have concluded that the City would be better served by purchasing the various system components separately and setting up the network ourselves. We would still obtain price quotes on the components from various vendors. We will save resale +- markup and installation costs. We will also be able to select and purchase the components on our schedule rather than specifying and purchasing everything in one lump sum. We propose to make limited use (not to exceed $2,000) of a :^ , local consultant to help select some of the hardware and assist in the initial set up. In this way, our staff will have a much better knowledge of the system and will be able to add users and make system changes without an expensive on-going support contract. J. Thus we will save money in the long run as well as in the short term. The components of the system will cost less than $5,000 ., apiece, so our normal informal purchasing procedures can be 3� •' 22 59 -JJ Mgt ON 3711 •baT�aam TTauno;) Aman; v zv Xovq igbnoxq sq TTTx 2e:22vm sTgs •sae; buTsueuTT fed puv xTv; qed buTpxvbax :ixodex v powasaxd TPo'= 'Avid Zwwl segwT TOOT 'ozuOZ qos Pas !TPOrl '6uTTsTa-d 8OL 'uw=egs lvd !Tpo'Z •enuanv TPOZ zsva TOT 'xePOJC A-Axvx SEES oNisbmI'i sad asv3mux OIL Ssano3ld £66T '8T lsnbnV DKIsa3AI 'IIJR= ASI, L OR CITY OF LOD I COUNCIL COMMUNICATION �4r AGENDA TITLE: Communications (July 29, 1993 through August 1", 1993) MEETING DATE: August 18, 1993 PREPARED BY: City Clerk RECOMMENDED ACTION: AGENDA ITEM Discussion and appropriate action. BACKGROUND INFORMATION: The following communication • was received between the dates of July 29, 1993 and August 11, 1993. The attached information (marked Exhibit A) was received from Mart- Yoder regarding pet fair and pet licensing fees. Representatives will be present to make a brief presentation. FUNDING: None required. t- '7 11('!1 l- Lit fifjePerrin ity C JMP COUNCOM8/TXTA.02J/COUNCOM APPROVED THOIv:ASA. PETERSON ,Kyt,wD,po, City Manager LODI PET FAIR '93 Lodi Pet Fair'93, sponsored by Robinsons Feed Co., is an event planned as a fundraiser for Animal Friends Connection and The Deity Humane Society. This is to become an annual event to: Promote humane education. proper pet health care, pet licensing & how to control pet over -population. The Lodi Pet Fair will be held at Tony Zupo Field, next to the Lodi Grape Bowl. Lodi is an ideal location for all those who attend from the Central Valley, Foothills. and the Bay Area. The date for this exciting event will be Sunday Oct. 3, 1993, 9:00 A.M to 5:00 P.M. This ties in with Monday Oct 4th, St Francis of Assisi Day, Patron Saint of the Animals. The Fair will close with an Animal Blessing. Organized by: Pat Sherman, Board Member of The Delta Humane Society, & Animal Friends Connection, & By. Marty K. Yoder, Buyer For Robinsons Feed Company. All persons ' involved are volunteering their time. Donations, raffle prizes & volunteers are a!I needed. Some; but not all of the activities planned for the day are: Obedience Clinics, Grooming e Demos, Dental Hyaiene, Law Enforcement K -9s, Agility Demonstrations, Search & Rescue K - 9s, Shot Clinic, Amnesty Day For Pet Licensing, Pet Sitting, Flea Dip, Border Collie Herding Demonstrations, LLama's as Pack Animals, Drug Dogs, Veterinarian Talks, Childrens Pet Parade, Live Music, Breed Rescue Groups, Exotic Animal Groups, as well as Concessions & Raffles. Admission will be 51.50 for adults, $1.00 for children & seniors, 55.00 for a family of 5 or more, Pets admitted Free!! Advertising, & Sponsorships are being sold to raise money. We thank you for any consideration given to this worthy event. LODI PET FAIR 93' This event is planned as a fundraiser for Animal Friends Connection, and the Delta Humane Society. It is also to promote Humane Education. Proper Pet Care, Pet Licensing, and how to Control Pet Overpopulation. Date: Sunday Oct 3, 1993. It 1. --s in with Oct 4th, St. Francis of Assisi, Patron Saint of Animals. Time: 9:00 am. to 5:00 pm. Location: Tony Zupo Field (Next :o the Grape Bowl). Lodi, Ca. Organizers: Marty K. Yoder 368-2716 Buyer Robinsons Feed Co. Pat Sherman 333-1239 Board Member of Delta Humane Society. Animal Friends Connection Comment: This event has promoted tremendous interest & excitement, we plan to make this an annual event. Lodi is an ideal location for all those who will attend from Sacrarnonto, Stockton, Elk Grove, Galt, Modesto, and the Mother Lode. Comment: All persons involved in this event are donating time & supplies and are working on a very small budget We would appreciate any consideration that you can give in the matter of donations & support. Thank You. Respectively Submited: Pat Sherman Marty K. Yoder IT'S f rz.; if 'XIN T 'Pit 'Ximid.11.1% i :Pun(.dmj in,.I?-:_ %jr.-) rQj3in.,K! in pj.,,rd% ujoq wtj ir` Y43 M11 (jI`"l"1i;jP, 1- U!"I, P-1juy-3jC %, .111.)ww.- ! :' *Ir:I e 401 P3JInh3J =1 Y41 It" «T I,) JIT4.:,U(, Jo) pzlma >1 tjm.c .9r•? <uv .,T% Jo) wi IL 0 '17 ,,��,F,.y*. �i`i L. . F c ifs ` 1 , �%' �:�•� �jyt a�` -' J GOVT kZ 7 FOOD & AGR.1 P F L _ JT Fr TT! C'R'S^-ai SL 1r-�� =Y •�=� 1V43d 5 c H tTn CORP. Ems• FOOD & AGR. -- - �' 4w►r= i s 'S 8 'H 'IAOO am }..''�cirrcc: ...• ..a'.•s Y�t�F•i.�!:+y.��.`.�+: wr .r � �-a+ h. GV. PROC., CORP. l� EDU. .. _— y FOOD 3 AGR. S 8 'F1 "1A0�) 1VN3d i r�