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HomeMy WebLinkAboutAgenda Report - August 18, 1993CIN OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Ownership and Maintenance of Lowcr Sacramento Road Fence at Towne Ranch, Southwest Quadrant Lower Sacramento Road at Turner Road MEETING DATE: August 18, 1993 PREPARED BY: Public Works Director RECOMMENDED ACTION: Review the request Bennett & Compton made on behalf of Towne Ranch Associates, developer of the Towne Ranch subdivision, regarding the reverse frontage f mm along Lower Sacramento Road and take appropriate action BACKGROUND INFORMATION: The Towne Ranch subdivision, as submitted by the developers and approved by the Planning Commission, includes reverse frontage along Lower Sacramento Road and Turner Road (see Exhibit A). Along the reverse frontage, the developer planned to build a fence or wail along the right-ot=way. The design was to be approved by the City and ownership and maintenance responsibilities wo to be approvoi by the City Council. On Juhy 12, 1993, the Planning Commission approved the design of a red concrete brick fence. (See color Exhibit B, pr --,ndW by the developer.) The owneship and maintenance responsibilities are the subject of this agenda num. In April 1992. staff presented various options to the Council on bow to pay for ongoing mxintennance of these femces. This cost to the City averages roughly S4,000.00 per year for the existing feaoes. Opticas included continued City maintenance, establishment of assessment districts, payment of a one-time maintenance fee, or establishment of private maintenance associations. The development community objected to the high cost of districts and associations, particularly if its sok purpose was fence maintenance. Staff >vas directed to work with the development community to arrive at a mutually agreeable solution. After a few mocb ng% a proposal was made by Jeffrey Kim who was developing the first subdivision (Bangs Ranch) affected by this issue. Ile offered to pay the City the difrowce in cost between a masomy ferzoe and the oanbination masonry/grape stake fence ($7.00 per lineal foot) if the City would accept the masonry/grape stake fence for ownership and maintenance. This was approved by the Council and has been used for one other subdivision since thea (Note: Since the initial approval, Mr. Kira has received Planning Commission approval fee a solid masonry fence similar to the Towne Ranch fence. Thus, the decision on the Towne Ranch fierce will affect other projects as well.) With the Towne Ranch project using a solid masonry fence and using the above logic, the maintenance fee would be zero. However. there are bound to be some maintenance costs, mainly graffiti abatement and repairs from vehicular accident damage. Staff also intends to purchase small identification markers to place on the property side of the fence describing City ownership and landscape casement information, APPROVED: / i, THOMAS A. PETERSON City Manage 00 Ownership and Maintenance of Lower Sacramento Road Fence at Towne Ranch, Southwest Quadrant Lower Sacramento Road at Turner Road August 18, 1993 Page 2 Staff fads his fence design, due to its dark color, will experience relatively little graffiti dump and the cost will be fairly low. The appearance of the fence and the lack of other maiatenamoe needs is a reasonable Wadc-off for graffiri abatement Costs from vehicular accident damage are difficult to estimate. Many such incidents we covered by the driveesautocnobilt umumm MW dcvdopces contractor has provided an estimate of 5620.00 for repairing one 14-foot panel and a pilaster. Gwen this repair cost and the total knee JcqA of 1,950 fad for Towne: Ranch and assuming a 50-yew life, a 2% discount no-, and that the fend: a damaged once every 5 years (by an uninsured motonst), the appropriate on"me maintenance fm is $2.23 per lineal fimL For comparison purposes, if the fimce were damaged every 2% years or every 10 years, the appropriate fee would be S4.50 or SI.05 per lineal foot, MSPCCdv*- Since the above innabers are only tough estimates, staff recommends that a onmime maintenance fm of 52.25 per lineal foot be established for the acceptanoe of masonry reverse-fiontap fences FUNDINO. Special Development Fee or General Fund. f,e Jack L. Ronsko Public works Director prepared by Rkhwd C. Prima Jr.. AWWM City JJIMCPAM aftacbments ar Robert Batch Lodi home BUiM= Bennett & Compton jeffxirt Bsumbwh - Pix= Street Supernteadeat mom E X HIR' CITY OF LODI R PUBUC WORKS DEPARTMENT " TOW NE ANCH" Towne Ranch Associates TOWNE RANCH BRICK WALL Among] CROSS— SECTION CORNER gNTRY WALL ELEVATION A -A mot to tcut 3W - Cr 14'- 0" O I b SETBACK,WALL ELEVATION to Me _ FULL HEIGHT WALL ELEVATION TO-IMAT F +• CITY COUNCIL THOMAS A Pf Tf RSON CITY O F L O D I C'tv ), Manor PERRIN Atanayrr '[ JACK A SIECLOCK IE\NEER M PHILLIP A PFNNINt Crty Clerk Manor Pro Temlx>re RAY UAYfNPORI CITY HA1.1.221 WEST PI1E STREET ELOHMCNATI 'J PO BOX 3006 STEPHEN i Crtr Attorney ti1ANN LODI, CALIFORNIA 95241.1911) JOHN R (Randv) S�,Wf R QV91 334-5b34 ' August 11, 1993 a i w ' SUBJECT: Ownership and Maintenance of Lower Sacramento Road Fence at Towne Ranch, Southwest Quadrant Lower Sacramento Road at Turner Road i 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 regular calendar for Council discussion. You are welcome to attend. 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 City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact i Jennifer Perrin, City Clerk, at (209) 333-6702. i If you have any questions about the item itself, please call i Richard Prima or Sharon Welch at (209) 333-6706. t: Ali 6 % 1 1.Oti Jack L. Ronsko Public Works Director JLR/lm Enclosure cc: City Clerk LLSRFENC/TXTW.02M r- "3 ►,,, BENNETTT & COMP10It} July 13, 1993 Mr. Jack Ronsko, Public Works Director City of Lodi P.O. Box 3006 Lodi, CA 95341-1910 On behalf of Towne Ranch Associates, the developer of the Towne Ranch Subdivision, I would like to request that the City of Lodi assume ownership and maintenance of the reverse frontage wall to be constructed along The project border of Lower Sacramento Road. As the project develops to Turner Road we will construct the same wall. Therefore, we are asking for the City to take ownership and maintenance of the reverse frontage walls along Lower Sacramento Road and Turner Road as they are constructed. Condition 115 of the Conditions of Approval for the Towne Ranch Unit No. 1 project state, (in part), "...The ownership of the reverse frontage fence has not been determined. Policies con- cerning ownership and maintenance of fences along reverse frontage or restricted access lots are currently being developed by City staff. These policies will be presented to the City Council for action in the very Near future. Ownership and main- tenance of the proposed fence along Lower Sacramento Road and Turner Road should be required to conform to the policies as adopted by the City Council. Unless otherwise determined by the City Council, the fence will be privately owned and maintained." It is my understanding the City Council recently approved taking ownership and maintenance of Z other proposed reverse frontage walls, also approving the one-time collection of a $7.00 per lineal foot maintenance fee. The wall we are proposing is an all masonry, (brick), design, which will result in much lower on- going maintenance costs as compared to the grape -stake a masonry wall design approved for other projects in the City. Upon resolution of the ownership and maintenance issues, I would be happy to discuss the specific alignment and height of the wall to insure safe sight distances for Tejon Street and Lower Sacramento Road traffic, as well as structural engineering specifications you may require. _: RX sill II; III lane. Srrilr• L • I'n It, F.07 • 1 ,MIi. ( :dif'nni,i It • wowV) I i•i-ri-tAn • (:?f IQ) 467 A(75)0 • SI:)iP 1_k'r•nv- tVn. .1]•I R'15 A I have enclosed a color illustration of the wall, as well as the portion of the Conditions of Approval containing Condition 115. Please feel free to contact me should you have any questions or wish to discuss this issue. Sin cerely Yours, x'� . Dale N. Gillespie, Project Coordinator Enclosures. cc: Dennis G. Sennett, Towne Ranch Associates Jennifer Perrin, City Clerk P.S. Upon request, I would be happy to provide additional color illustrations of the wall design and area map for Council members review. DNG/gnd N Q JO O cc Z W 133HIS NOM 3 a tic U Zz p W o J Q Q 0 cc w i9 Q H z 0 im LL A t H w CL Z O cc 0 CL F. Q U t f J Q I W W ' � 1 � 11- i I t � N Q JO O cc Z W 133HIS NOM 3 a tic U Zz p W o J Q Q 0 cc w i9 Q H z 0 im LL A Towne Ranch Associates TOWNE RANCH BRICK WALL SETBACK WALL ELEVATION FULL HEIGHT WALL ELEVATION W" To •-•• • wr TO Sc.0 1 J • it1:Lt1 Vt_tJ JUIt rJJr V 1 1 Vl/ ------ • 'CITY COUNCIL THOMAS A. PETERSON City Manager JAMES W. PINKERTON, Mayo CITY OF LODI ALICE M. REIMQIE 1`141UIP A. PENNING City Clerk Mayor Pro Tempore CITY I TALL, 221 WEST PINE STREET BOB McNATT DAVID M. HINCIIMAN P.O. BOX 3006 City A torney JACK A. SIEGLOCK LODI, CALIFORNIA 95241.1910 10"N R. Mandy) SNIDER (2091334-5634 FAX MR ])1.6M May 29, 1992 Baumbach - Piave Attn: Steve Pechin 323 West Elm Strut Lodi, CA 95240 i SUBJECT: Tentative Subdivision Map, Towne Ranch, Unit No. 1 - 398 East Turner Road (APN 029-030-01 and 029-03042) r File N92S008 1 The Lodi Community Development Department has completed its review of your request on behalf of Bennett and Compton/Bruce Towne for the approval of the tentative subdivision map of Towne Ranch, Unit no. 1. a 21.4 -acre, 107 -unit residential project located on the west side of Lower Sacramento Road, north of Lodi Park West Subdivision Units 3 and 6. Y At a special session of the Lodi City Planning Commission, called for 7:30 p.m., Tuesday. May 26. 1992, the Planning Commission approved the lcnialivc map with the following conditions: , 1.7'hat sanitary sewer, domestic water, storm drainage, and electricity be connected to existing City of Lodi systems. 2.That the air quality mitigation measures outlined on the cncltraxi Community Development ; Department memorandum be met. 3. Engineering and preparation of improvement plans and estimate per City Public Improvement Design Standards for all public improvements prior to final map filing. Plans to include: i • Approved tentative map, signed by the Community Development Director. • Detailed utility master pian for aq phases of the development; . Soils report; Grading, drainage and erosion control plan. 4. Abandonmcnt/renovat of wells, septic systems and underground tanks in conformance with applicable City and County requirements and codes prior to approval of public improvement plans. 5. Installation of all public utilities and street improvements within the limits of the map, including installation of conduit from the water meter box to the electric meter location on each lot per Public Works Department requirements, plus die following "off-site" improvements: j T. Daumbach - Pia— File 692SOOB May 29, 1992 Page 3 11. Payment of die following: . Filing and processing fees and charges for services performed by City forces per the Public Works Fee and Service Charge Schedule; • Development Impact Mitigation Fees per the Public Works Fee and Service Charge Schedule at die time of map filing (foes for Police, Fire, Parks and Recreation and General City Facilities may be deferred until acceptance of public improvements); . Wastewater connection fee at building permit issuance; Reimbursement fees per existing agreements (approximate) at the time of map filing: 1) 86SO2 $766/AC Sanitary sewer lift station fee for acreage parallel to and 400 fat west of the existing east line of the Lower Sacramento Road Jright -0f --way. The above fees are subject to periodic adjustment as provided by the implementing ordinance/resolution. 'the fee charged will be that in effect at the time of collection indicated above. 12. Obtain die following permits: • San Joaquin County well/septic abandonment permit. r / 13. The City will participate in the cost of the following improvements: J • Simon paving on Lmver Sacramento Road in excess of 34 feet measured from SS feet west of the centerline; • Master plan sanitary sewer lines 12 inches and larger; • Master plan storm drains 30 inches and larger. 14. A specific plan was adopted for Lower Sacramento Road (Ordinance 0947) which includes a frontage road parallel to Lower Sacramento Road from Lodi Avenue to Turner Road. Tho - tentative map, as submitted, does not comply with the spocific plan north of Tejon Strad; however, upon Planning Commission approval of the map, the Public Works DepaMnent will draft a new ordinance to amend the specific plan and present it to the City Council for approval. 93: The reverse frontage fence along Lower Sacramento Road shall be constructed by the developer to the approval of die Public Works Department and the Site Plan and Architectural Review Committee. The ownership of the reverse frontage fence has not been determined. Policies concerning ownership and maintenance of fences along reverse frontage or restricted access lots are currently being developed by City stall. These policies will be presented to the City Council for action in the very near future. Ownership and maintenance of the proposed fence along Lower Sacramento Road and Turner Road should beicquired to conform to the policies as adopted by the City Council. Unlcss otherwise determined by the City Council, the fence will be privately owned and maintained. I I MAWSo08.DOC CITY COUNCIL PHIEEIP A PENNINO. Mavor JACK A SUGEOCK Mayor Pro Tempore RAY G. DAVENPORT STEPHEN 1. MANN IOIIN R (Randv) SNIDER July 13, 1993 CITY OF LODI (IT) I3Ail, 221 WEST PINE STREET P 0. ROX 3006 1001, CAN ORNU195241-1910 (209) 3.34.5614 F A% 121/9) 11 t. 1.M% 11 THOMAS A PE 1 E RSON City Manager IENNITER M PERRIN City Clerk BOB MCNAII City Attorney Mr. Dale Gillespie c/o Bennett b Compton P.O. Box 1597 Lodi, CA 95241 Dear Mr. Gillespie: ( RE: Reverse Frontage Fence Lower Sacramento Road Towne Ranch Subdivision At its meeting of Monday, July 12, 1993 the Lodi City Planning Commission approved the Towne Ranch Subdivision Wall Design for the reverse frontage fence to be located along the Lower Sacramento Road frontage of the subdivision. The Planning Commission approved the design as submitted. However, the Commission required that the fence height be increased from 6 feet to 7 feet. Sincerely, S B. SCHROEDE unity Development Director r From: Date: Subject: MEMORANDUM, City of Lodi, Public Works Department City Council Public Works Director August 20. 1993 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 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 accomplished_ Also attached is a copy of the signed contract agreement which outlines the bid unit prices and shows the addRionai items of worts which may have to be included as part of contract payment If contaminated sod is found. 3. Signed Bale Park Improvements Contract Change Omer No. a The change order included in the Council packet was not signed and the Council wanted to see a signed change order. 4. No -parking zone on Kettleman Lane fronting Flame Liquors and the City's Munidpat 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 extended the 22 -foot parking area to 42 feet for the purpose of providing for additional on -street parking and/or truck parking. 5. 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 torted. If you have any esdons concerning any of this material, please contact me. 9 9 Jack Ronsko Public orks Director Robot Batch Agr—n&d (9) Un WWOtnd Fuel Swap Tw* (5) Haft Park knprvmTar to (1) KeMWnan Lmm No-ParWq Zone (3) cc: City MarAW CRY Cftrk ..",I .1= f. THIS AGREEMENT, entered into this 6th day of Sammxy, 1993, by and between ROM= BATCH, hereinafter *Seller,, and the CITI OF LODZ, a municipal corporation, hereinafter *Buyer* or •Citj•. V W I T N 9 3 S B T H: WHEREAS, Seller is the owner of that certain parcel of land. more particularly described below. con tituti_"g fifteen and ninety-nine one-htmdredths (13.99) acres more or less, which the City desires to acquire for purposes of a storm drainage basin; and wHERSAS, said land is a portion of a larger parcel constituting one hundred and ane -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 balance of Seller's land,at this location, it is accessary that City acquire such parcel; and t ( WHEREAS, the most practical .way to compensate Seller say be by a ecxsebination 'of cash, credits, and future reimbursements as other ) properties, which will pay storm drainage fees, develop; NOW, THEREPORS, BE IT AGREED AS iOLWWS: 1. Seller agrees to sell and Buyer to purchase that certain parcel of j land more particularly described below. a I f In consideration of the mutual covenants, terms and conditions herein s contained. it is mutually agreed that: -1- r (,OcL�, CR -jq/b e, n�Q253�`� ECORflEP.'4 OFFi;,E DAMES M. JOHNSUNE 93 NAR -2 AN 8: 00 FEW= ATF F1cQi�STd O kxOW =Rota M T3IS AGRSsEzr, entered into this 6th day of January. 1993, by and between ROSH BATCH, hereinafter 'Seller*, and the CITY OF LORI, a municipal corporation, hereinafter •Buyer• or •City'. 4 W I T N 9 S S2TH: VMRM. Seller it the owner of that certain parcel of land, more particularly described \b`elow, constituting fifteen and ninety-4— one-hundredths (25.99) acres more or less, which the City desires to N acquire for purposes of a stoim drainage basin; and WH MMS, said land is a\portion of a larger parcel constituting one hundred and one-tenth (100.1) \aces owned by Seller which he intends to develop within the City; and \ WSSRSAS, 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 WHEREAS, the most practical tray to c=q*nsate Seller may be by a combination of cash, credits, and future reimbursements as other properties, which will pay storm drainage fees, develop; NOW, THMFORS, BE rr AGR.SHD -AS POLLOWS: 1. Seller agrees to sell and Buyer to purchase that certain parcel of land more particularly described below. 4 In consideration of the mutual covenants, terms and conditions herein t °3025?94 A. Grantorshall deliver to City a grant de. 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 BEGnRM;G being S 890 29. 40' S, 131.50 feet distant from the Southwest corner of the northwest quarter of Section 3, T. 3N., R. 6 S., M.D.B.& M., as filed for record May 17, 1984, *Lodi park West, Omit no. 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" S. 1082.08 feet to the centerline of Evergreen Drive; thence S 06. 24' 420 S, 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'. 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 050 10' 361 and arc length of 90.35 feet; thence S 02° 00' 00" 1, 149.01 feet; thence S 88. 00' 000 W, 30.00 feet; thence N 89. 29' 400 W, 812.78 feet; thence N 480 38' 409 W, 126.00 feet; thence N 00• 02' 00" W, 288.00 feet; thence S 89. 58' 00" W. 147.50 feet; thence N 00. 02' 000 W, 326.00 feet to the POnTr OF BEGINNING. Containing 15.99 acres more or less. 2. The sales price shall be One Hundred Fifteen Thousand Dollars ($115,000) per acre for a total of One Milliao Sight 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 recorded by City. -2- li 93025394 (B) Seller ,.all receive credit for any aan 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 on 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 for oto= 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 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 Con =action Cost Index. The balance due shall be calculated in January of each year beginning January 1994 by the• following fo—sla: (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 forty percent (404r) of all available met drainage fee revenues received by the City during any year for reimbursement P rpeses commencing on the effective date of this agreement. Seller .3- S.ArZement °3025394 acknowledges �c City presently has other agreements in place which shall have priority for- repayment from such fees. 4. Seiler, pursuant to plans .approved in advance by City, shall at his own expense be responsible for preparation of plans and excavation of the drainage basin to City•s specifications. Such excavation shall include: (A) Stripping and stockpiling of the top fifteen (15) Imes of soil for use in the surface of the basin; (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 fashion he desires. (S) Provision by Seller of adequate sprinklers or other dust control methods during excavation of such basin; (P) 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 of 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 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 pas- -a, a release of any and all liens, mortgages, or encumbrances on the portion of his property conveyed to the City under this agreement. Title insurance, documentary stamps, and escrow fees (if aay) 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 any subdivision of the remainder parcel or not more than ore year after exeantion 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 (6►) permanent chain link fence and mow strip; b) Drainage system is the bottom of basin; C) Basin turf and landscaping; and d) portion of street construction within the basin parcel and fifty percent (SOV) of the street lights, water, serer and sto= lines fronting the basin parcel in accordance with applicable City prdinaaces; 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. -S- 93025394 9. it is agreeu that time is of the essence. This agreement may be k recorded and shall enure to the benefit of the heirs, successors. or assigns of Seller. is connection therewith, notice may be mailed to Seller at: Robert R. Batch '. 1819 South Cherokee Lane, Unit $67 Lodi. CA 95240 in the event a reimbursement due hereunder is unclaimed for two (2) years from the date of mailing, it shall revert to the City. it shall be Seller's responsibility to notify City of any change of address. 10. it is understood between the parties hereto that this sale/purchase agreement is executed under threat_ of eminent domain for the City's acquisition of land for a storm drainage basin. Had the parties hereto been unable to reach a mutually -agreeable resolution, the City Attorney was prepared to recommend to the City Council that a Resolution of Necessity to acquire said parcel by condemnation, be adopted by the City Council of the City of Lodi. n 12. Herein is set forth the entire agreement between the parties. The performance of these conditions constitutes full performance and shall relieve City of all further obligations or claim 12. in the event either party hereto breaches the tezms, conditions and coveasats of this Agreement, thea, the prevailing party in any suit to enforce this Agreement or restrain the breach thereof.. sball in � addition to any other relief or damages awarded, be entitled to a reascmable attorney's fee and all costs of suit tc be set and determined by any court of competent jurisdiction and added to nay judgment obtained. j i nq WITNESS HEREOF, the parties hereto have set their hands the day and year first hereinabove mentioned. -6- -�, 013025394 -- CITY OF =r, a municipal corporation /2A.IP7 . a - (S� THOMAS A. PETERSON city Manager ATTEST: ALICE M. RE City Clark (2) AGRgBASX/TXTA.OlV RoMwr R. BATC':i APPROVED AS TO FORM: '--aj SOB MC.Ci = City Attornty ( state of W -4cr a; dr County of �n 0!6&4't— before � c On before me. -.2 44MV Art -,14--; � f�, L /r E areINAML m{,fi os F -Q;-4& iWLh0T4WftKC ' personalty aPpeafed��—l-�-�crsc��t��tee ,r! - o, �— . ($personally known to me - OR - 0 proved to me on the basis of wry evidorrce to be the persons) whose name(s) Ware subscribed to the within instrument and ac- _ _ knowledged to me that heldoaAhe)r executed the same in hisOM/their authorized 0mv capacity(ies), and that by hied/theircow Nattys signatures) on the insmsnent the person(s). SAN.IOACMCOUtW or the entity upon behalf of which the arum. emm Mow 43.19x6 person(s) acted, executed the instrument WITNESS my hand and official seal. 1114, 411113 aiiiiiiiiiii! OPTIONAL SE MN siolinie CAPACITY CLAIMED BY SIGNER rough soasa naw not unto ata atosry m rA In TIN Oat below ooaq so aM pmw w4miummoopown opgonoroo WWW ®�fre'+ P TE OFFICERM mt8sr p PARrrt MM p UWTED GeMERAL p ATTORNEY-R4FACT OTRUSTEM © ATOR ❑ OTHM SIGNET IS REPRESENTING: MWcss aRerurMM g'-4 "Je w-mAnm of NOrmy OPTIONAL SEcno THIS CERTIFICATE MUST BE ATTACHED TO MUDS TYPE CF DOCUMENT, THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES Zt • 11r DATE OF DOCUMENT 9 t Cpyp erve s p>uclsa,s rpmacrOWsd ptq form, SIGNErl(1) OTHER THAN NAMED ABOVE a t/ 01992 NAT ICNAL NOTARY ASSOCIATION . OM6 Rammer Awe_ P.O. Bog 7164. Cana9a Pant. CA 91309-Tt ga o^ X5394 t•� CITY OF LODI GRANT DEED 187 N. Lower Sacramento Rd. PUBUC WORKS DEPARTMENT 029-030-33 Southwest corner of the Northwest quarter of Section 3 TRUE POINT OF BEGINNING 9' 35' 18' Lc 125.51' I �f 62.90' ° I ° I 1000' g a� b 5° 10'36" L = 90.35' I 45.21' 1. SW 24.42'E a1.4r 7 E C IOW02WW 32&W 0 Na�� Elm sire 49'2s'1v(M S. MON � 147-W Ile w PROPOSED So'1�3�• t 3 $g 9 A S 1 N 24•= $�' N4a• 3a•4�M © SM 49'24' Mr OWE ' PdW 29•&0*M 8MM 149 01• v lewood Drive 1 1 CMPE DATA v 'I = 9' 35' 18' L = 125.51' T = 62.90' O R = 1000' I = 5° 10'36" L = 90.35' T = 45.21' i CTTY C1, GD CCONTRnCT-PAYMENi PUBL-TC wGMSKS 0EPAATMENT ESTIMATE NUMBER 7- PRO.icC T UNDERGROUND FUEL STORAGE TANK REMOVAL 125 North Stocxton Strep: j ACCOUNT NUMBE.r+S A 121.0_750.09 CONTRAC'OA James C. Bateman Petroleum Servicl s a OBA SEMCO C :7.:-400.05 431 Wes- 4at-:1 Road 0 :8.:-450.07 Modesto. CA95351 _ Sc::: accounts as inC:cate0 .;may f TOTA4 wdowe mc CCNE �0 i uNtTsll ITEM `ACC: II f UNIT PRIG AMOUNT ! II icn '7.11 LS e!novai of =uei Tank. Pioino. I II N 11 it II Pumo island. "cduioment Vemcle I it t a it 1 it 11 Siao. Asonait Pavino IA ;IS 3.325 Jl U 3 zzs- 1-, 2. q ie , r 11 GAL .Ihe i ana Ri nsate Oi sposa 1/ I 11 I 1 11 1 it It Hazardous Waste Manifest - iA it 1 95 d 3. II 17e N LS II i soosal of Fuel Tank ana Tank 1 ') 1 1I 11 I 11 11 Tracking IA 11 200 00 N ZCo Ivy 4. it to q EA I Soi 1 s Test Est. IA II 250 00 z --.-.o 41,^. 5. 11 1 II L5 11 Soils Reoor I 11 Included I I1 6. 1 -4:7 1-7,-11 LS I) Permit (Closure of Underground 1 q 1 11 11 1 11 11 Tank) IA d 234 00 1 7. N y le II HR IlHealth inspector Fees/Rate) AEst. 'OA 7800 1 8. It x izz!I TON 11 Imoor r Borrow IA N 25 VZ M i,c s -i 17- 9. 11 ,e Izz it TON 11 Compaction of 3ackfi l led Import1 11 1 N 1 11 1 q it Borrow IA 11 36 95 d a.37z 19' l0. q Ze. I r 11 TON IlAsonalt Concrete Paving IA it 214 71 d j/ Z, y 11. it 1 11 LS it Excavation Safety I !I Included I N H I II 11 1 II 1 q ! II ! II it ADDITIONAL ITEMS OF WORK ! if I NA. � q ► it a I n t o I II I 11 CY IlAaaitional Excavation (as I it 1 N I 8. It Z EP IS -11 CY H Handl i na and Oi soosa 1 of r 11 1 4 11 i It Il Contami nated_Soi l A it 115 00 1 a= % % 1. C. I! 1 N A IICrew Standbv Charge .or 1 3 1 q 1 it I If 115amolina Soil (for samoles in I 11 1 q I 11 1 11 11excess of 5 samoi_es) )A if 1�0 00 A I It I it II 1 11 1 1 -- ,-TAL VALUE OF wCMC ACNE Tg DAicc Il r 74 � � !. wQRK C_t�P T LM .0 PVR C'94T M- TICK -� G IGTAL OM GATE a 65 A"" LESS PaEVTCUS PAy"c MACE ( WAYS - ! S- - /CAY) I =-S LICUMA_TE-3 CAMAG0 - CNErcE7 3Y !BALANCE CUE CN TH-TE =ST:1IA7E n X775 � = YTRAGT ?a1 C'2 `a 7q3 i aP3GCVEC =:Ii =&ypW_NT :F S G _ 3Y OAT_ .s.. awre ... a.. UNDERGROUND FUEL STORAGE TANK REMOVAL SECTION 4 125 North Stockton Street CONTRACT CITY OF LODI, CALIFORNIA TH3S CONTRACT made by and between 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 The January 1988 Edition, Information to Bidders Standard Specifications, General Provisions State of California, Special Provisions Business and Transportation Agency, Bid Proposal Department of Transportation Contract Contract Bonds Plans 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 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 emp oy, 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 performance of the covenants herein contained. 4.1 FUELTANK.CON/TXTW.02M • —C 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 Iy - 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 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 i 1. Removal of Fuel Tank, f Piping, Pump Island, e Equipment vehicle Slab, Asphalt Paving LS $3,325.71 S3,325.71 2. Fuel dnd Rinsate Disposal/Hazardous Waste Manifest GAL 100 S 1.95 S 195.00 3. Disposal of Fuel Tank and Tank Tracking LS $ 200.00 S 200.00 = 4. Soils Test (Est.) E4 5 $ 250.00 $1,500.00 S. Soils Report LS SIncluded $Included 4.2 FUELTANK.CON/TXTW.02M 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 I S 115.00 $ 115.00 C. Crew Standby Charge for Sampling Soil (for samples in excess of 6 samples) HR I S 150.00 $ 150.00 ARTICLE V - By my signature hereunder, as Contractor, I certify that I am aware of 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.CON/TXTW.02M CM ITEM ESV O. 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 S 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 $Included TOTAL BASE BIO $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 I S 115.00 $ 115.00 C. Crew Standby Charge for Sampling Soil (for samples in excess of 6 samples) HR I S 150.00 $ 150.00 ARTICLE V - By my signature hereunder, as Contractor, I certify that I am aware of 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.CON/TXTW.02M CM 0-1� ARTICLE VII - The City is to furnish the necessary rights-of-way and easements at nd 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: 4.4 FUELTANK.CON/TXTW.02M CITY OF LODI By: Date: Attest: 1^— ty Cleft 1 j ,. it e '.(CORPORATE SEAL) ;:. • ' Ii1�I1�•'l�� 4.4 FUELTANK.CON/TXTW.02M CITY OF LODI By: Date: Attest: 1^— ty Cleft r T0'd ZZfi£ Z99 9T6 6T:ZT £6ET-bZ-milli CITY OF LODI PUBLIC WORKS DEPARTMENT CONTRACT CHANGE ORDER NO. 6 Sheet 1 of i Date �ist 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 topsail. Agreed upon price 51,386.00 PERCENT OF CONTRACT Original Contract Price ; 458 000.00 Total Cost of This Change Order NOT To EXCEED ;� 0.3 Previous Change Orders S'-Tg;af3;�5 Total Cost of A11 Change Orders to Date 5 80,7�f5- 15.0 ". Contract Price, including all Change Orders, will be: ; 5^79�5- Time of completion will be adjusted as follows: no adjustment to working days Submitted byOate 8 -to -93 Approval Recon Date— Approved, Approved, Public Yo s rector Date eta. a. Approved, Ci tjr !+tanager { i f over arty r r , or eachor 525, 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 shown above. ACCEPTED_ Date— gA4 53 Contractor B (ZC C C'nH,-E. By_ 4 _ Title ?'r a(-,kh 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- CCOHALE6/TXTSl.02M :0'd t?c'0'0t4 CI:Z1 -:h , nMH �6� ;9-915: l3! 'ON: '1SJ0� OJrIH -MilemAo L:�NE CITY O F L O D I � Mc-c/Ap; mt&. stil�-�-r= F(PPUSUC WORKS DEPARTMENT "{,jp pA6Z tt,-�a~ zC1.tr W 1. t -,L :A�Jkj, 1 �1T2' G� �� (gZOPC��j "{JD (�C2lCt�a st�t��T'c2 OT i FL.& e ucuctz - T -MilemAo L:�NE CITY O F L O D I � Mc-c/Ap; mt&. stil�-�-r= F(PPUSUC WORKS DEPARTMENT "{,jp pA6Z tt,-�a~ zC1.tr W 1. t -,L :A�Jkj, 1 �1T2' G� �� (gZOPC��j "{JD (�C2lCt�a st�t��T'c2 OT i FL.& e ucuctz Continued December 18, 1 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 PAR;":;HW 5 WEST KETTLEMAN LANE (S2), AT ACCESS TO THE MUNCENTER/ANIMAL SHELTER RESOLUTCC-48(ehe City Council was advised that the Engineering Division CC -300 as 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 drivaway, staff recommended that Council approve the installation of 157 feet of "no parking" east of tte 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 AWN inued• Oeceniber 18, 1991 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 .LOTION N0. 91-235 2(d) The City Council was reminded that as part of the 1991/92 100 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, 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: S7,500 Sewer Fund $7,500 Water Fund 57,500 Gas Tax $7,500 Equipment Fund Now that we have completed the drafting switch to 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. 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 22 r,