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HomeMy WebLinkAboutAgenda Report - August 18, 1993 (54)os CITY OF LODI COUNCIL COMMUNICATION - AGENDA TME: Improvement Agreement Addendum for Lodi West, Unit No. 1, Tract No. 1904 MEETING DATE: August 18, 1993 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council approve the Improvement Agreement Addendum for Lodi West, Unit No. 1, Tract No. 1904, authorize the City Manager to execute the Agreement, appropriate the necessary funds from the Street Development Impact Mitigation Fee Fund and authorize the Finance Director to make the necessary refunds for engineering and inspection fees. BACKGROUND INFORMATION: Lodi Municipal Code Section 16.24.040 provides for reimbursement to developers for the cost of street improvements in owess of 68 feet in width. The reimbursement is to include right -of --way costs. The right -of --way credit on Elm Strut for the subject subdivision was inadvertently omitted from the original Improvement Agreement between the City and the developer and the reimbursement for street improvements on Elm Street was incomplete. In addition, the developer is not required to pay engineering or inspection fees for the portion of the street improvements to be fundcl by the City. These costs are usually deducted from the portion of the Cost Estimate for Improvement Security (Schedule A) on which the engineering and inspection fees are based. Since the reimbursements were incotnpiete, the developer was overcharged for engineering and inspection and a portion of these fees needs to be refunded. Staff has prepared the attached Improvement Agreement Addendum to address these items which has been signed by the developer. The Lodi West Addendum also includes the following: • A correction on the Billing Schedule to include a credit engineering and administration (10% of oversize cost) for oversize water mains. This item was included in the Cost Estimate for Improvement Security, but was omitted from the Billing Schedule attached to the Improvement Agreement and needs to be refunded to the developer. Sufficient funds have already been appropriated from the Water Development Impact Mitigation Fee Fund to cover this item; no additional appropriations are required. APPROVED ` � t J THOMAS A. PETERSON recycieo paper City Manager CC -1 COUNCOW1 DOC 0&'04,93 Improvement AgrearxeAddendum for Lodi West, Unit No. 1, Tract No. 1904 August 18, 1993 Page 2 • A correction in the quantities shown on the Cost Estimate for Improvement Security and the resultant payments shown on the Billing Schedule for street improvements on Evergreen Drive to be made at the time of acceptance of the subdivision iuvrov aneab. The original quantities and payments shoum were too high. Staff recommends Council approve this Agreement addandum. FUNDING. 510,144.30 Street Development impact Fee Fund $ 58.50 Engineering Fees $ 97.50 Inspection Few ack L. biic =Dire= hgesed by Sheerer► A. Welch. Associate civil Engiam IIR/SAW/im M city Attaaey Robert Batch BaumbWh - Pia za Fwamn & Mvdmb Bank CMTNC )W DOC OVOW93 0 r" - IMPROVEMENT AGREEMENT ADDENDUM Lodi West, Unit No. 1 Tract No. 1904 THIS AGREEMENT, entered into as of this day of . 1993, between the CITY OF LODI, hereinafter referred to as "City", and Robert Batch, hereinafter referred to as "Developer". WITNESSETH: WHEREAS. the parties have entered into an Improvement Agreement, dated June 2, 1993, which Agreement covers the responsibilities of city and of Developer for the development of Lodi West, Unit No. 1. Tract No. 1904; and WHEREAS, the City is responsible for reimbursing Developer for the following items from the indicated funds: 1. Excess street width. including right of way, on Elm Street from the Street Development Impact Mitigation Fund; 2. Half the street improvements on the portion of Evergreen Drive which fronts the Westgate Basin/Park parcel from the Storm Drain Development Impact Mitigation Fund (881/6) and the Parks and Recreation Development Impact Mitigation Fund (12%); 3. The difference in cost between the 10 -inch water main to be constructed in Evergreen Drive and an 8 -inch diameter main, including 10% of the cost for engineering and administration from the Water Development Impact Mitigation Fund; and WHEREAS, the Developer is not required to pay engineering fees on the cost of improvements to be reimbursed by the City; and WHEREAS, the Developer has dedicated excess right of way on Elm Street for which reimbursement was not included in the Improvement Agreement; and WHEREAS, the reimbursement for the street improvements on Elm Street included in the Improvement Agreement was incomplete; WHEREAS, the reimbursement for engineering and and administration fees for oversize water mains %%-as not included in the Improvement Agreement; and WHEREAS, the quantities shown on the Cost Estimate for Improvement Security and the resultant payments shown on the Billing Schedule for street improvements on Evergreen Drive to be trade at the time of acceptance of the subdivision improvements were too high, NOW THEREFORE, it is agreed between the parties hereto as follows: 1. That this document. including the attached Cost Estimate for Improvement Security and Billing Schedule, is considered an addendum to the original Improvement Agreement bctwwcen the two parties; 2. That the attached amended Cost Estimate for Improvement Security and Billing Schedule replace the original documents submitted with the original Improvement Agreement between the two parties: 3. That the City will reimburse Developer S7.000.00 for the excess right of way on Elm Street; 4. That the City will reimburse Developer $3,144.30 ($5,149.38 - $2,005.08) for unreimbursed street improvements on Elm Street; 5. That the City will rcfund 558.50 in Engineering Fees ($10,842.50 - $10,784.00) and S97.50 in Inspection Fees (512,237.50 - 512340.00); 6. That the City will reimburse Developer $596.50 for unreimbursed engineering and administration fees for oversize water mains; and 7. That the estimated quantities and payments for the frontage improvements along Westgate Basin/Park are as shown on the attached Cost Estimate for Improvement Security and Billing Schedule. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. DEVELOPER(S): Date CITY OF LODI, A MUNICIPAL CORPORATION By: Thomas A. Peterson. City Manager Date ATTEST: By: Jennifer M. Perrin, City Cleric Date APPROVED AS TO FORM: Bob McNatt, City Attorney BILLING SCHEDULE Development Lodi West, Unit No. 1 Gross Acreage: 12.92 Developer: Robert Batch No. of Units- 53 Engineer: Saumbach & Piazza Date: Amended 7/6!93 DEVELOPER COST CREDITS ENGINEERING Engineering Fee (4.5% of $50,000) $ 2,250.00 (25%01 5200.000) 5,000.00 (1.5% of $235.600) 3.534.00 Inspsclion Fee (2.5% of 5485.600) 12,140.00 Engineering Fee Paid (7 sheets ® 3150WWO) 3 5,250.00 ENGINEERING SUBTOTAL S 22,924.00 $ 5,250.00 STREET SYSTEM Fees: DrnbpmwdkrpwK Mitigation Fee - Streets 12.92 AC C $ 5,440.00 $70.264.80 Credrts: Elm Street Improvements per Item B of attached Cost Estimate for Improvement Security Excess Right of Way on Elm Street (0.07 ac) Charges for work by City Forces. Seal Coat 120,507 SF ® $ 0.02 Street Name Sign 4 EAC $ 125.00 Regulatory & Wameg Signa: Large (111) 4 EA C $ 95.00 Regulatory & Wing Signs: Small (R26) 1 EAC $ 70.00 Centerline and Lane Line Striping ($150 min.) Double C Wftrfne 215 LF C $ 0.18 8' Solid White 65 LF @ 5 0.11 12' Solid White 170 LF 0 S 0.16 Single I ckxIing Skip 1000 LF C $ 0.09 Carnitine aid Lane Line Striping Removal Dpi Cwftrkw 65 L F ®S 1.15 4- Traffic Stripe 120 LF C $ 0.58 Pavement Markers: ($40 min.) Lanefne or Fre Hydrant 56 EA C $ 8.00 Pavement Marker Removal 64 EA 0 S 0.50 Remove Bollards 22 EA C $ 1.25 Legends (Stop. Left Tum. Speed Limit) 1 EA C $ 50.00 6 EA C $ 35.00 STREET SYSTEM SUBTOTAL P, $2,410.14 500.00 380.00 70.00 38.70 7.15 27.20 90.00 74.75 69.60 448.00 32.00 27.50 50.00 210.00 $74,719.84 S 5,149.38 7,000.00 $12,149.38 DEVELOPER COST CREDITS SEWER SYSTEM Fees: •.ir ,ry Sewer Lift Station Reimbursement ;.an Agreement No. 86SO2 11.07 AC C $ 806.00 $8,911.35 Develolpment Impact Mitigation Fee - Sewer 12.92 AC ® S 1,060.00 $13,695.20 SEWER SYSTEM SUBTOTAL $22.606.55 $0.00 WATER SYSTEM Fess: Water Reirnbursement per Agreement No. 83W01 Devallownent Impact Mitigation Fee - Water 165 LF @ $ 30.17 $4,978.05 12.92 AC Q $ 5,690.00 73,514.80 Credits: Oversize Mains and Valves per Schedule B of attached Cost Estimate for kr prw mwd Security $8.561.50 WATER SYSTEM SUBTOTAL $78,492.85 36,561.50 STORM DRAIN SYSTEM Fees: Derrebprtrent Impact Mitigation Fee - Storm Drainage 12.92 AC 0 $ 7,630.00 $98,579.60 $98.579.60 (Fees to be applied toward Westgate BaskVPark purchase agreement dated 1/6493) Payments: Payments for the master storm drain Ines (529,146.70) and for frontage improvements along Westgate Basin/Park 1$46,552.38) will be paid at the time of acceptance of the subdivision improvements (LMC 15.64.080(A)(31). STORM DRAIN SYSTEM SUBTOTAL $98,579.60 $98,579.60 ELECTRICAL SYSTEM To be billed separately by Electric Utility Department TOTAL AMOUNT OF BILLING SCHEDULE $297,322.84 $122,540.48 NET AMOUNT TO BE PAID BY DEVELOPER TO CITY $174,782.36 PRIOR TO PROJECT APPROVAL 2 DEVELOPER COST CREDITS DEFERRED DEVELOPMENT IMPACT MITIGATION FEES Polies Protection Facilities. 12.92 AC ® $1,130.00 $14,599.60 Fire Protection Facilities 1292 AC a 5540.00 56.976.80 Parks & Recreation Facilities; 1292 AC @ $11,830.00 $152,643.60 $152.843.60 (cre fts to be appied toward Westgate Basi vvrk Purchase agreement dated 1/6193) General City Facilities; 12.92 AC $6,830.00 $88.243.60 TOTAL AMOUNT OF DEFERRED FEES TO BE PAID BY $262,663.60 $152,843.60 DEVELOPER PRIOR TO PROJECT ACCEPTANCE OR 1 YEAR WHICHEVER OCCURS FIRST • Payments for the frontage irnprwernerts along Westgate BwxVPark (36,348.05) will be paid at the time of acceptance of the wA&, m wwwements (LMC 15.64.080(Ax3)). 3 City of Lodi Publics Works Department `ro i UN = AMENDED COST ESTIMATE FOR IMPROVEMENT SECURITY Development: Lodi West, Unit No. 1 Acres: 12.92 Developer. Robert Batch Date: 7/6193 Engineer. Baumbach & Piazza A. COST OF PROJECT IMPROVEMENT Item Description Quantity Unit Price Total Street System I Lot Grading 53 LOTS $260.00 $13,780.00 2 Roadway Excavation 13,123 CY 1.75 22,965.25 3 Compact Original Ground (0.507 85,498 SF 0.05 4,274.90 4 Compact Original Ground (0.67) 33,970 SF 0.06 2.038.20 5 Compact Native Material (0.50) 85,498 SF 0.10 8.549.80 6 Aggregate Base, Class 11(0.65) 31,638 SF 0.40 12.655.20 7 Aggregate Base, Class 11(0.80) 25,628 SF 0.55 14,095.40 8 Aggregate Base, Class ti (0.90) 59,870 SF 0.60 35,922.00 9 Asphalt Concrete, Type B (0.177 2,332 SF 0.35 816.20 10 Asphalt Concrete. Type B (0.2(r) 31,638 SF 0.40 12,655.20 11 Asphalt Concrete, Type 8 (0.337 85,498 SF 0.65 55,573.70 12 Rolled Curb, Gutter, & Sidewalk 4,018 LF 13.00 52,234.00 13 Vertical Curb, Gutter & Sidewalk 444 LF 14.00 6,216.00 14 Concrete Subgrade Compaction 38,717 SF 0.20 7,743.40 15 Survey Monument 5.5 EA 160.00 880.00 16 Dead End Barricade with Swing Gate 1 EA 400.00 400.00 17 Dead End Barricade (Standard Plan 139) 2 EA 375.00 750.00 18 Street Sign Posts 5 EA 110.00 550.00 19 Asphalt Concrete Walkway 3,310 LF 1.25 4,137.50 20 Vertical Curb & Gutter 661 LF 7.50 4,957.50 21 Street Lights 15 EA 1,500.00 22,500.00 Subtotal $283,694.25 Storm Drain System 1 12" Storm Drain Pipe 501 LF $15.50 $7,765.50 2 18" Storm Drain Pipe 943 LF 23.00 21,689.00 3 24" Storm Drain Pipe 140 LF 26.00 3,640.00 4 48" Storm Drain Manhole 3 EA 1.100.00 3,300.00 5 Side Inlet Catch Basin 11 EA 500.00 5,500.00 6 Drop Inlet Catch Basin w/Conc rete Apron 2 EA 650.00 1,300.00 7 Remove Existing Drop Inlet Catch Basin 1 EA 800.00 800.00 8 24" Riser 3 EA 800.00 2.400.00 Subtotal $46,394.50 Sanitary Sewer System 1 8" Sanitary Sewer Pipe 1,471 LF $20.50 $30,155.50 2 Standard Sanitary Sewer Manhole 4 EA 2,000.00 8,000.00 3 Drop Sanitary Sewer Manhole 2 EA 2,500.00 5,000.00 4 Sanitary Service with Cleanout 56 EA 350.00 19,600.00 5 Sanitary Sewer Riser 1 EA 2,300.00 2,300.00 _ Subtotal $65,055.50 TOTAL COST OF PROJECT IMPROVEMENTS 5470,872.25 Construction Engineering & Staking a 3% 3 $14,127.75 As -built Plans & Certifications S600.00 TOTAL COST FOR ENGINEERING FEE CALCULATION 5485.600.00 B. COST OF CITY -FUNDED FACILITIES TO BE BUILT BY SUBDIVIDER/DEVELOPER Street System (Elm Street) 1 Roadway Excavation 2 Compact Original Ground (0.50') 3 Compact Native Material (0.50') 4 Aggregate Base, Class It (0.90') 5 Asphalt Concrete. Type B (0.37) Storm Drain System (Master Storm Drain Lines) 1 30" Storm Drain Pipe 2 36' Storm Drain Pipe 3 48" Storm Drain Manhole Water System (Oversize Portion) i 10' Water Pipe 2 10" Valves 107 CY $1.75 T 3.210 SF tem Description ` Quantity vrAf Price Total 3.210 Water System 0.60 1.926.00 3.210 SF 1 8" Water Pipe 2,165 LF 13.00 28,14500 2 10' Water Pipe (8" price) 641 LF 13.00 8,333.00 3 8" Water Valve 10 EA 450.00 4,500.00 4 10" Water Valve (8" price) 5 EA 450.00 2,250.00 5 Fire Hydrant Assembly 5.5 EA 1,600.00 8,800.00 6 Blowoff 4 EA 500.00 2;000.00 7 1" Water Service w/Meter Box 56 EA 350.00 19,600.00 8 8" Fire Service 1 EA 2.100.00 2.100.00 & Administration 596.50 Subtotal 575.728.00 TOTAL COST OF PROJECT IMPROVEMENTS 5470,872.25 Construction Engineering & Staking a 3% 3 $14,127.75 As -built Plans & Certifications S600.00 TOTAL COST FOR ENGINEERING FEE CALCULATION 5485.600.00 B. COST OF CITY -FUNDED FACILITIES TO BE BUILT BY SUBDIVIDER/DEVELOPER Street System (Elm Street) 1 Roadway Excavation 2 Compact Original Ground (0.50') 3 Compact Native Material (0.50') 4 Aggregate Base, Class It (0.90') 5 Asphalt Concrete. Type B (0.37) Storm Drain System (Master Storm Drain Lines) 1 30" Storm Drain Pipe 2 36' Storm Drain Pipe 3 48" Storm Drain Manhole Water System (Oversize Portion) i 10' Water Pipe 2 10" Valves 107 CY $1.75 $187.25 3.210 SF 0.05 1E3.50 3.210 SF 0.10 321.00 3.210 SF 0.60 1.926.00 3.210 SF 0.65 2A8E.50 Subtotal $4.681.25 10% Engineering & Administration 468.13 TOTAL S5,149.38 389 LF $32.00 512.448.00 289 LF 41.00 11.849.00 2 EA 1,100.00 2,200.130 Subtotal $266.497.00 10% Engineering & Administration 2,649.70 TOTAL 529.146.70 983 LF $5.00 $4,915.00 7 EA 150.00 1,050.00 Subtotal 55,965.00 10% Engineering & Administration 596.50 TOTAL $6.561.50 Rem 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Description Quantity Unit Price Total Westgate Satin/Park Frontage Improvements (Evergreen Drive) Roadway ExcavL'ion Compact Original Ground (0.50 Compact Native Material (0.501 Aggregate Base, Class 11 (0.801 Asphalt Concrete, Type B (0.331 Vertical Curb, Gutter & Sidewalk Concrete Subgrade Compaction Survey Monument Commercial Driveway Street Lights 8' Sanitary Sewer Pipe Standard Sanitary Sewer Manhole 12' Storm Drain Pipe Side Inlet Catch Basin 10' Water Pipe 18' price) 10' Valves (8' price) Fire Hydrant Assembly 1365 CY $1.75 $2,388.75 13,972 SF 0.05 698.60 13,972 SF 0.10 1,397.20 13,972 SF 0.55 7,684.60 13,972 SF 0.65 9,081.80 669 LF 14.00 9,366.00 5,243 SF 0.20 1,048.60 2.50 EA 160.00 400.00 30 LF 14.00 420.00 2 EA 1,500.00 3,000.00 249 LF 20.50 5.104.50 1 EA 2,000.00 2,000.00 48 LF 15.50 744.00 2 EA 500.00 1.000.00 342 LF 13.00 4,446.00 2 EA 450.00 900,.00 0.50 EA 1,600.00 800.00 Subtotal $48.051.30 10% Engineering & Adminxtration 4,809.13 TOTAL $52,900.43 Storm Drain System 88% $46,552.38 Parks & Recreation 12% $6,348.05 TOTAL COST OF CITY -FUNDED FACILITIES $93,758.01 C. DEFFERED DEVELOPMENT IMPACT MITIGATION FEES 1. Police Protection Facilities 12.92 ac. @ $ 1.130.00/acre $14,599.60 2. Fire Protection Facilities 12.92 ac. @ $ 540.00/acre $6,976.80 3. Parks & Recreation Facilities (Fees applied to Westgate Basin/Park purchase agreement dated 1/6193) 4. Genera( City Facilities 12.92 ac. @ $ 6,830.00/acre _ $88,243.60 TOTAL DEFERRED FEES $109,820.00 TOTAL IMPROVEMENT SECURITY AMOUNTS: Faithful Performance: 100°% of A B & C $689,178.01 Labor & Materials: 50°% of A 8 B $289,679.00 CITY COUNCIL PHILLIP R. PENNING, Mayor JACK A SIEGIOCK Mayor Pro Tempore RAY G DAVE NPORT STEPHEN i MANN IOHN R (Randy) SNIDE R. .CITY OF LODI CITY HALL, 221 NEST PINE STREET P O BOX 3006 LODI. CALIFORNIA 95241-1910 '209) 334-5633 1AXQw)) I I 1 01141 August 11, 1993 THOMAS A. PETERSON City Manager IENNIFER M. PERRIN City Clerk 60R MCNATT City Attorney SUBJECT: Improvement Agreement Addendum for Lodi West, Unit No. 1, Tract No. 1904 Enclosed is a copy of background information on an item that is on the City Council agenda of Wednesday, August 18, 1993, at 7:00 p.m. The meeting will be held in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. 0. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to "ity Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702. If you have any questions about the at (209) 333-6706. Jack L. Ronsko Public Works Director JLR/lm Enclosure cc: City Clerk LCOUNCO2/TXTW.02M item itself, please call Sharon Welch N MEMORANDUM, City of Lodi, Public Works Department 0 To: City Council From: Public Works Director Date: August 20.1993 Subject» Transmittal of Information Requested by City Council at Its August 1$.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 Lodi. 2. Documentation on Underground Fuel Storage Tank Removal contract at 125 North Stockton Street Enclosed is a copy of the final contract payment form showing the unit prices and the total work accornpiished. Also attached is a copy of the signed contract agreement which outlines the bid unit prices and shows the additional items of work which may have to be included as part of contract payment if contaminated soil is found. 3. Signed Hate Park Improvements Contract Change Omer No. 6 The change order included in the Council packet was not signed and the Council wanted to see a signed &.ange 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 mkxxtes showing that Council extended the 22 -foot panting area to 42 feet for the purpose of providing for additional on -street parking andfor truck panting. 5. Improvement Agreement Addendum for Lodi West Unit No. t .wC, 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 contact me. Jack . Ronsko Public orks Di ector Robert Ba" Agrewrwt (9) Underground Fud Storage Tank (5) Hale Park Improvements (1) KeWanan Lane No-Partdng Zone (3) cc: City Manager City Geek CC936t.DOC A THIS , entered into this 6th day of January, 1393, by and between RQBERT BATM. hereinafter *seller*, and the CZ17 OF LODI, a municipal corporation, hereinafter 'Buyers or •City". WITNESSETH: wHEREAS, Seiler is the owner of that certain parcel of land, more particularly described below. constituting 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 WHSREA.S, said land is a portion of a larger parcel constituting one hundred and one-tenth (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 balanc', of Seller's land.at this location, it is necessary that City acquire such parcel; and WHM ?AS, 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; i. Seller agrees to sell and Buyer to purchase that certain parcel of land more particularly described below. in consideration of the actual covenants, teras and conditions herein contained, it is mutually agreed that: IM 9.0 f� L C ncCaRQERVS OFFICE JAMES IML JOHNSTONE 93 M —Z AN -89-00 FwCu�� T I F �c :mowFEE TSIS AGS, entered into this 6th day of January, 1993, by and between ROBERT BATCH, hereinafter 'Seller•, and' the CITY OF Uml, a municipal corporation, hereinafter 'Buyer* or •City . •� W I T V 2 S SETH: WMMEAS, Seller is\ the owner of that certain parcel of land, more particularly desarired \below, constitutinq fifteen and ninety -sine one -hundredths (25.99) acres more or less, which the City desires to acquire for purposes of a storm drainage basin; and w mtvAS, said land is a portion of a larger parcel constituting one hundred and one-tenth (100.1) \des owned by Seller which he intends to develop within the City; and wHERSAS, in order to provide storm drainage for (among ether properties) the balance of R•t' s land at this location, it is necessary that City acquire such parcel; &rA WHEREAS, the most prazical way to ccmpensate Seller may be by a ccmbination of cash, credits, and future reimbursements as other properties, which will pay a�orm drainage fees, develop; WOW, THEREFORE, BE IT AGREED AS FOLLOWS: i. Seller agrees to sell and Buyer to purchase that certain parcel of land more particularly described below. _n consideration of the muc%al covenants, terms and ccndit_cr_s herein I °3025394 A. Grantor` shall deliver to City a grant Ed 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 Tmx POINT OF BEGIIRrMG being S 89. 29' 40. 2, _ 137.50 feet distant from the Southwest corner of the Northwest quarter of Section 3, T. 3N., R. 6 1., as filed fce record May 17, 1984, *Lodi Park West, Chit Ito. 3, in Book of Maps and Plats, Volume 26, Page 137, San Joaquin County Records and also on the centerline of Applewood Drive; thence continuing S 890 29' 40' E, 1082.08 feet to the centerline of Evergreen Drives thence S 060 24' 42' 8, 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. 35', 180 and arc.length of 125.51 feet; thence S 030 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 050 10, 36" and arc length of 90.35 feet; thence S 02. 00' 00" S, 149.01 feet; thence S 88' 00' 006 W, 30.00 feet; thence N 890 29' 40" W, 812.78 feet; thence N 480 38' 40• W, 126.00 feet; thence N 009 02' 00' W, 288.00 feet; thence S 89. 58' 000 W, 147.50 feet; thence N 000 02' 00" W, 326.00 feet to the POINT OF BRAG. Containing 15.99 aces more or less. 2. The sales price shall be one Hundred Fifteen Thousand Dollars ($115,000) per ace for a total of one Billion Sight Hundred and Thief flight Thousand Eight 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 recorded by City. .2- x3025394 (B) Seller ...,all receive credit for any arta all stotmt drainage tees due and payable on the eighty-four and eleven one -hundredths (s4_li) 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 =edit for park fees due and payable on the first eighteen and twenty one -hundredths (19.20) acres on the remainder parcel owned by Seller based an 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 for storm drainage and Wks 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 tees, 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 reimbursement 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 (ENR) 20 Cities Construction Cost Index. The balance due shall be calculated in January of each year beginning January 1994 by the following forsnla: (ENR January 1 of current year divided by ENR January 1 of prior year) Z (balance 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 fomy percent (404) of all available net drainage fee revenues received by the City during any year for reimbursement purposes cc=mencing cn the effective date of this agreement. Seller -3- ,J025394 acknowledges zaat City presently has otter rec.srsemmt agreements in place vhich- shall have priority for repayment from such fees. 4. Seller, pursuant to plans _approved in advance by City, shall at his ova expense be responsible for preparation of plans and excavation of the drainage basin to City's specifications. Such excavation shall include: f (A) Stripping and stockpiling of the top fifteen (15) iacdses of soil for use in the surface of the basics; (B) Over -excavation of basin by nine (9) inches; (C) .Ripping the bottom of the basin to a depth of two (2) feet in 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 (15) inches stockpiled does not provide nine (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 fashiaa he desires. (S) provision by Seller of adequate sprinklers or other dust control =thods during excavatica of such basin; (F) installation of temporary fencing during constsuctioa. 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 of liability coverage, naming the City of Lodi as additional named insured in an amount of One Million Dollars (51,000,000). S. Title to the property demised hereunder shall pass free of any liens or encumbrances except current taxes due, if any. Seller shall obtain -4- 93025394 and provide o Buyer at the time title pack. -a, a release of say and all liens. mortgages, or encumbrances on the portion of his property conveyed to the City under this agreement. Title insurance.- documentary nsurance.doc mentary stamps, and escrow fees (if any) shall be the respomsibility 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 • Seiler and shall not run with the lead on the remainder of Seller s property, except the tee credits described is Section 2 above. 7. Excavation of the basin by Seller shall be ac limbed prior to the acceptance by City of the first unit of any subdivision of the remainder 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 costs associated with the following items-. a) Six-foot (61) permanent chain link fence and mor strip; b) Drainage system in the bottom of basin; C) Basin turf and landscaping; and d) portion of street construction within the basin parcel and fifty percent (SoU of the street lights, water, sewer and storm lines 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 agreed 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 conaection therewith, notice may be mailed to Robert R. Batch 1819 South Cherokee Lane, Unit &67 Lodi, Ca 95248 In the event a reimbursement due hereunder is unclaimed for two (2) years from the date of mailing, it shall revert to the City. It shall be Seller's 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 storm drainage basin. Had the parties hereto been usable to reach a mutually -agreeable resolution, the City Attorney was 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 forth 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 reasonable attorney's fee and all costs of suit to be set and determined by any court of competent jurisdiction and added to any judgment obtained. IN WITNESS WHEREOF, the parties 'hereto have set their hands the day and year first hereinabove mentioned. .6- v v —,, v .i -r . - °3025394* ssssasssssssasass:ssassssssssssssassaasssasssasssss:sssssassasassssssasasasa CITY OF LODI, a =lnicipal corporation THC29iS A. PETERSON City Manager ATMEST: RdSM R. BAT01 APPROVED AS TO FORM: ALICE M. r 808 MCNA7." City Clerk City Atto=ey (2) AGREP.ASN/T=. 0 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Itos,as State of GliCCr4 Q County of On before me, 57 d r0`1 Z�4 L,4 e parr ,4 21 OATS MMAL TMA OF - rr.G sad OOL Norow KMJV personally appearerlJ"L�' %! ••�••� �- I Ge ,.��c.� Ppersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and ac- knowledged to me that betsba tt,ey exe=ed the same in tri0;r/their authorized 9VXNetAtM t capacity(tes), and that by !their CC -LOA signature(s) on the instrument the person(s), 00mv NotaryRbWc-CcrdariiaSAN-IoAQW4COUNIV or the entity upon behalf of which the comm. exoww mAY 03.1996 person(s) acted, executed the instrument. OPTIONAL SECTION CAPAC17Y CLAIMED BY SIGNER flg in the a.n 13«e... dWV so ffW prove InwAable 10 parser fwpv an a* aoasrom 13INOrn An�irW ERTE OFFICERS) mtsss� p PARTNErim p UUTTED p GENERAL p ATTORNEY -BV -FACT p TausTEe(s) GUARDIANK;ONSERVATOR OTHER: SIGNER IS REPRESENTING: WITNESS my hand and official seal. MAW OFPEASONS►ORQrR,YItE$► wwmmm of Hamm OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO T ITLE OR TYPE CF DOCUMENT HE DOCUMENT DESCRIBED AT RIGHT: �/ NUMBER OF P4GES % y� -� � GATE CF DOCUMENT S -hougn me aso rem*stea hers is f+a reounea vv Law. ;} I cou+a prevent trauo - i reanac fnem d m,s toren. SIGNER(') OTHER THAN NAMED ABOVE 2111>�' :1992 NAIICNAL NOTARY ASSOC LA nCN • ?236 Rnmmat Ave.. P 0. Pox 7184 - Cancga P3r%. CA 91309.7 t 2 1 0^ 25394 ?' 1 CITY OF LO D I GRANT DEED 187 N. Lower Sacramento Rd. PUBLIC FORKS DEPARTMENT 029-030-33 S 274 r Q U Q F3 Southwest comer of the Northwest Guorter of Section 3 r- TRUE POINT OF BEGINNING vegnme p"K ( a-*+ ) '2rWr 1082.08' SW24.41'E 81.SW* J&Igr 4! or 0=0.0 326.00' O NeQ• 49'2{'14 Sag' 38T(rw 14730' PROPOSfO S03'10' "- B A S I N 245.62 .g yv,dW'sW4dpW 1146' 38'4CrW O 588' 49'ZiE{! 126.00' MOO 00-W!Ef SO2'00% 812.7r 14"1' CURT A4TA C'� We boe WWII III il.l i EIm Street 1 R=750' $ = 9° 35'1 T L = 125.5.' T = 62.90' R = 1000' 'I = 5° 10'36" L = 90.35' T = 4.5.21' 1 S +F C 4 i Y OF LOD r FCONTIRACT-PAYME:EDNTI rUBL.IC 'rlCnKS 0 .PQATM`N T I*,,-- ESTIMATE NUMSES Z UNDERGROUND FUEL STORAGE TANK REMOVAL 125 North Stocxton Street ACCIUN T NUMEE;S A 121.0-760.09 CpNTnAC'CR James C. Bateman Petroleum Servic s g 08A SEMCO C :7.:-400.05 431 Wes: Hatcn Road 0 • g . + —450.07 Modesto. CA 95351 E Scl:t accounts as indicated +;1.4 i TOTAL Wow ccHE To oAra� uHZtS :TEM + AC, --T l� UNIT PRICE, AMOUNT 1 II 0 LS 11 Removal of zuei Tank. Pioind. 1 11 + N s 1! 1 tl 1I Pumo Island, Eawoment Venicle ! 11 ! d ! !I 51 ap . Asona i t Pavi no 1A ;IS 3,325 71 V � z z -i w ? II qe % II GAL i Fuel and Ri nsate Di soosa 1 / 1 11 1 u 1 11 ! 11 11Hazaraous waste Manifest IA 11 1 95 11 1 G 3. 11 „,,? I -*0 LS 110isoosal of Fuel Tank and Tank I !I I 4 1 1 1 il 11 Track ino IA 11 200 00 A zcc Ivy 4. 11 1 c 11 EA 11 Sdi 1 s T est Est. IA 11 250 00z� 0 1 . I 5. it 1 0 LS 11 Soils Reoort I !I Included 1 0 I 6. 11 /ten 17,.1 LS liPermi t Closure of Underground 1 11 1 dI 11 1 II II Tank) IA it 234 00 11 -- 1 7. If t e-,) tl HR I Health Inspector Fees/Rate (Est. 11A 78 00 .q Ie&- 8. It ,t4/ IzzN TON h Imoort Borrow IA 11 25 R2 U i si 17 9. 11 f T !zz 11 TON II Comoaczion of 3ackfi i led Imoort 1 11 1 11 1 !I ! q !I Borrow 1A 11 36 95 II 2.3 1 7 10. II zG' I G H TON 1lnsonalt Concrete Paving IA !1 214 71 0 yZ5 y 1' 11. 11 ! LS l Excavation Safety 1 11 Included 1 11 i II I 11 !I t II + q ! iI ADOI T IONAL i T EMS OF WORK ! 1! I !! !1 ! II 11 I !I t !I t it 1 11 CY Il Additional Excavation (as I 1 11 1t recu i red to remove contaminated 1 11 i 11 I II 1 r II 11 Soi 11 ! `•IS 25 00 11 i 3. !I -Z ! 1! Cy 4 4andl i no and Disposal of 1 It 1 11 1 !I i 11 11 Contaminated Soil A1 115 00 11 ?. C. II 1 11 HR 11 Crew Standbv Charge for +I ! 11 I► Samul ina -Soil (for samoles in I) ! 11 n excess of 6 samples) ! II i S 0 00 4 S WORK Chai=— /" MACE 3Y .0 ay TOTAL VALUE OF WORK OCHE TO OA �� t.°5S .0 PE—,CENT 7E-;E TOTAL OUE TO OATS L°SS PREVICUS PiY"9NTS ! ; /QAYs a 5 /GAY) L= -S L:CU:3A T E] '�S+1AGES __ =�A-- I /* 11 /S 12 Z !) 12-7 11 - II �� ;� !9�rtv - 3Y ///,: UNDERGROUND FUEL STORAGE TANK REMOVAL SECTION 4 125 North Stockton Street CO"TRACT CITY OF LODI, CALIFORNIA THIS CONTRACT made by and bet6een 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 hereina ter mentioned, to be made and performed by the City and under the condition expressed in the too bonds bearing even date with these presents and hereunto annexed, the Contractor 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, executors, administrators, successors and assigns, do hereby agree to the full perfo rnance of the covenants herein contained. 4' FUELTANK.CON/TXTW.02M 46 ARTICLE III - The Contractor agrees to conform to the provisions of Cfiapter-F,—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 I`J - 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 prosecution 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 Pians 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. BIO 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.:1 2. Fuel and Rinsate Disposal/Hazardous Waste Manifest GAL 100 $ 1.95 $ 195.00 3. Disposal of Fuel Tank and Tank Tracking LS $ 200.00 $ 200.00 4. Soils Test (Est.) EA 6 $ 250.00 $1,500.00 5. Soils Report LS $Included $Included 4.2 FUELTANK.CON/TXid.C2M ITEM NO. DESCRIPTION 6. Permit (Closure of. Underground Tank) 7. Health Inspector (Fees/Rate) (Est.) 8. Import Borrow 9. Compaction of Backfilled Import Borrow 10. Asphalt Concrete Paving 11. Excavation Safety TOTAL BASE BIO A. Additional Excavation (as required to reeve contaminated soil) B. Handling and Disposal of Contaminated Soil C. Crew Standby Charge for Sampling Soil (for samples in excess of 6 samples) EST'D. ` UNIT QTY. UNIT PRICE TOTAL PRICE LS $ 234.00 S 234.00 HR 4 $ 78.00 S 312.00 TON 30 $ 25.72 $ 771.60 TON 30 TON 10 LS S 36.95 $1,108.50 S 214.71 $Included ADDITIONAL ITEMS OF WORK $2,147.10 Slncluded $9,793.91 CY 1 S 25.00 $ 25.00 CY 1 S 115.00 $ 115.00 HR 1 S 150.00 $ 150.00 ARTICLE V - By my signature hereunder, as Contractor, I certify that I am aware 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 FUELTANK. OON/TX74.02M t 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 D-')UCTED 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: %• , �•,C t. f�E S 10 eAq T it e �. '.'CORPORATE SEAL) 4.4 FUELTANK. CON/TX'r4.OZM CITY OFFLLODI '(/^JJ1 / ,--'O ` ' ^� By: Mayo* Date: x 1011q3 Attest: `LI ty Clerk TO'd ZS9 9T6 GT.ZT 2661 -ba ---M CITY OF LODI PUBLIC WORKS DEPARTWENT COVTRACT CIIANGE ORDER NO. 6 Sheet 1 of t Date Xu` ust107M Account No. 45.7t1-760.60 PROJECT: HALE PARK 1lPROYENENTS, 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 $ 4581000.00 Total Cost of This Change Order NOT TO F�(CEED 1—i'T86.00 0.3 Previous Change Orders $ 79141325 Total Cast of All Chasge Orders to Date $ 80,799 ,15.0 p Contract Price, including all Change Orders, will be: $538,199- 5 - Time of completion will be adjusted as follows: no adjustment to working days Submitted by - - - Date Approval Recommend - Approved, public Yo s rector Date a -: Approved, City Alanager {if over ar er or eac�or Dat tots s Date The undersigned 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 shorn above. ACCEPTED: Date g �-�- 53 Contractor _ (LNC__ gy YA�2 Title{pS�S- e,&F 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. CCONALEWMI14.02M :0'.i i%'0' n'� I %' 9T l31 CITY OF L� `��jTo M PUBLIC WORKS DEPARTMENT -wo rAd2r_l oca zC;..1L� 3 . Continued December 18, i 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 MUNICIPAL SERVICE CENTER/ANIMAL SHELTER RESOLUTION NO. 91-233 L48(e) The City Council was advised that the Engineering Division 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 I inued' Decei fiber 18, 1991 access to the Municipal Shelter. Forty-two feet immediately west of the Lane driveway. _--- IC WORKS LOCAL AREA NETWORK RASE CONCEPT APPROVED L Service Center (MSC) and Animal of parking area will be provided Flame Liquor westerly Kettleman LUTION NO. 91-235 . 2(d) The City Council was reminded that as part of the 1991/92 ;00 operating budget, the City Council approved the purchase of . a microcomputer local area network for the Public Works Department. This purchase was a major part of the previously approved switch from a minicomputer -based, =' Pt 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 "t work; thus $30,000 was approved in the budget with the following funding: $7,500 Sewer Fund S7,500 Water Fund ' 57,500 Gas Tax :�• S7,500 Equipment Fund Now that we have completed the drafting switch to ;= l 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 S2 ,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. i 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 55,000 apiece, so our normal informal purchasing procedures can be 22 .ec-9a TO: FINANCE DIRECTOR CITY MANAGER FROM: CITY CLERK CITY OF LODI ,r*� SPECIAL ALLOCATION REQUEST DATE: ;,eptember 24, 1993 ACCOUNT NUMBER: 121.0-500.86 Request is made for funds to accomplish the following project which was not included in the current budget. Description of Project Estimated Cost Elm Street Improvements - Lodi West it $ 10,145 This is needed to cover the cost of the excess right of way on Elm Street and also the street improvements on Elm Street. This appropriation was approved by the City Council at its meeting of August,18, 1993. r Jen6ifer errin City Clerk you need more space, use additional sheet and attach to this form. Date of Approval Amount Approved Council City Manager FUND OR ACCOUNT TO BE CHARGED Current Budget $ Prior Year Reserve $ Contingent Fund $ General Fund Surplus $ Capital Outlay Reserve $ Reimbursable Account $ Utility Outlay Reserve $ Other: (Specify) 60.4 $ 10,145 Account Num er City Manager Dixon Flynn, Finance Director Thomas A. Peterson, ---------------------------------------------- Submit this form in duplicate to the Finance Director. Distribution after approval will be as follows: 1) Originating Department 2) Finance Department SAELMST/TXTW.02M #DOV,,, CITY OF LODI COUNCIL COMMUNICATION -10 AGENDA TITLE: Improvement Agreement Addendum for Lodi West, Unit No. 1, Tract No. 1904 MEETING DATE: August 18, 1993 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council approve the improvement Agreement Addendum for Lodi West, Unit No. 1, Tract No. 1904, authorize the City Manager to execute the Agreement, appropriate the necessary funds from the Street Development Impact Mitigation Fee Fund and authorize the Finance Director to make the necessary refunds for engineering and inspection fees. BACKGROUND INFORMATION: Lodi Municipal Code Section 16.24.040 provides for reimbursement to developers for the cost of street improvements in excess of 68 feet in width. The reimbursement is to include right-of-way costs. The right-of-way credit on Elm Street for the subject subdivision was inadvertently omitted from the original Improvement Agreement bet%vm the City and the developer and the reimbursement for street improvements on Elm Street was incomplete. In addition, the developer is not required to pay engineering or inspection fees for the portion of the street improvements to be funded by the City. These costs are usually deducted from the portion of the Cost Estimate for Improvement Security (Schedule A) on which the engineering and inspection fees are based. Since the reimbursements were incomplete, the developer was overcharged for engineering and inspection and a portion of these fees needs to be refunded. Staff has prepared the attached Improvement Agreement Addendum to address these items which has been signed by the developer. The Lodi West Addendum also includes the following: • A correction on the Billing Schedule to include a credit engineering and administration (10% of oversize cost) for oversize water mains. This item was included in the Cost Estimate for Improvement Security, but was omitted from the Billing Schedule attached to the Improvement Agreement and needs to be refunded to the developer. Sufficient funds have already been appropriated from the Water Development Impact Mitigation Fee Fund to cover this item; no additional appropriations are required. APPROVED i t, THOMAS A. PETERSON roc rUsO pspa City Manager CC -1 couNc-oku roc 090&93 W Improvement Agreement Addendum for Lodi West, Unit No. 1, Tract No. 1904 August 18, 1993 Page 2 • A correction in the quantities shown on the Cost Estimate for Improvement Security and the resultant payments shown on the Billing Schedule for street improvements on Evergreen Drive to be made at the time of acceptance of the subdivision improvements. The original quantities and payments shown were too high. .. Staff recommends Council approve this Agreement addendum. FUNDING: $10,144.30 Strad Development Impact Fee Fund S 58.50 Fagincering Fees 3 97.50 Inspection Fees Q LL ack L. blic orlcs Director Prepared by Shwon A. welch, Associate Civil Engineer JLPJSAw/lm AUwJ=cnt CM city Attorney Robot Bach Bwmbach - Pian Farman A Memhaub Bank '4w'gla- fO: FINANCE DIRECTOR CITY MANAGER FROM: CITY CLERK CITY OF LODI SPECIAL ALLOCATION REQUEST DATE: ACCOUNT NUMBER: (14[ 06 93 C''tw Se p tembe f� .494,rs 993 N. 121.0-500.86 - ,VG -14=4.3 Request is made for funds to accomplish the following project which was not included in the current budget. Description of Project Estimated Cost Elm Street Improvements - Lodi West #1 $ 10,145 This is needed to cover the cost of the excess right of way on Elm Street and also the street improvements on Elm Street. This appropriation was approved by the City Council at its meeting of August 18, 1993. iepqifer Ferr1n City Clerk you need more space, use additional sheet and attach to thisform.) Date of Approval I 0 AI 3 Amount Approved '$/D 145• Council City Manager x FUND OR ACCOUNT TO BE CHARGED Current Budget $ Prior Year Reserve $ Contingent Fund $ General Fund Surplus $ Capital Outlay Reserve $ Utility Outlay Reserve $ Reimbursable Account $ Other: (Specify) 60.4 $ 10,145 Account Number �- 0 / . 0 (�?z �C� � J ' Dixon yn i ance hecto homas Peterson, City Manager - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Submit this form in duplicate to the Finance Director. Distribution after approval will be as follows: 1) Originating Department 2) Finance Department SAELMST/TXTW.02M r os as OITY OF LODI /—a COUNCIL. COMMUNICATION AGENDA TITLE: Improvement Agreement Addendum for Lodi West, Unit No. 1, Tract No. 1904 MEETING DATE: August 18, 1993 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council approve the Improvement Agreement Addendum for Lodi West, Unit No. 1, Tract No. 1904, authorize the City Manager to execute the Agreement, appropriate the necessary funds from the Street Development impact Mitigation Fee Fund and authorize the Finance Director to make the necessary refunds for engineering and inspection fees. BACKGROUND INFORMATION: Lodi Municipal Code Section 16.24.040 provides for reimbursement to developers for the cost of street improvements in excess of 68 feet in width. The reimbursement is to include right-of-way costs. The right -0f --way credit on Elm Street for the subject subdivision was inadvertently omitted from the original Improvement Agreement between the City and the developer and the reimbursement for strut improvements on Elm Street was incomplete. In addition, the developer is not required to pay engineering or inspection fees for the portion of the street improvements to be funded by the City. These costs are usually deducted from the portion of the Cost Estimate for Improvement Security (Schedule A) on which the engineering and inspection fees arc based. Since the reimbursements were incomplete, the developer was overcharged for engineering and inspection and a portion of these fees needs to be refunded. Staff has prepared the attached improvement Agreement Addendum to address these items which has been signed by the developer. The Lodi West Addendum also includes the following: • A correction on the Billing Schedule to include a credit engineering and administration (10% of oversize cost) for oversize water mains. This item was included in the Cost Estimate for Improvement Security, but was omitted from the Billing Schedule attached to the Improvement Agreement and needs to be rc;undcd to the developer. Sufficient funds have already been appropriated from the Water Development Impact Mitigation Fee Fund to cover this item; no additional appropriations are required. APPROVED_ -- THOMAS A PETERSON City Manager ear .ecrUea oeoer CC -1 OVD411 Improvenxnt Agreement Addendum for Lodi West, Unit No. 1, Tract No. 1904 August 18, 1993 Page 2 • A correction in the quantities shown on the Cost Estimate for improvement Security and the resultant payments shown on the Billing Schedule for street improvements on Evergreen Drive to be made at the time of acceptance of the subdivision improvements. 'The original quantities and payments shown were too high. .. Staff recomnxads Council approve this Agreement addendum. FUNDING: 510,144.30 Stred Development Impact Fee Fund S 58.50 Er entering Fees 5 97.50 Inspediom Feta ack L. Mko blie orks Director Prepared by Sharon A. Welch, Associate Cog Eniaat cc: City Attorney Robert Batch Banrnbach - Piana Feraws a Merchants Bank cocnNcoWnoC ou06.s"