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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject:
Resolution approving Amendment No. I to Grading
Agreement with Watson & Associates for Grading of
Campus Parkway between Kendall Drive and
Northpark Boulevard, Authorization for the Director
of Development Services to Execute Change Order
No. Two to Contract with Matich Corporation for
construction of Campus Parkway (55 04-0 II and
installation of a traftic signal at Kendall Drive and
Campus Parkway (TC 04-07) per Planl'os. 10952 &
10232 and Authorization for the Director of Finance
to amend the FY 2005/06 budget
Dept: Development Services
Dale: November 17, 2005
File No,: 1.7007
MCC Date:
December 5, 2005
Synopsis of Previous Council Action:
05/19/03 The Negative Declaration was adopted for street improvements to Pepper Linden Drive (now known as
Campus Parkway) from Kendall Drive to Northpark Blvd. and installation of traffic signal at Pepper Linden Drive
and Kendall Drive.
06/02/03 Redevelopment Agency adopted CDC/2003-20, approving the purchase of certain property by Watson &
Associates and approving that certain Disposition and Development Agreement between the Redevelopllll:1lt
Agency and Watson & Associates; and adopted Resolution No. 2003-120, approving that certain Purchase and Sale
Agreement between the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino
relating to property located at the northwest corner of University Parkway and Northpark Boulevard.
10/06/03 Mayor and Common Council approved 2 Resolutions (Items #R-31) Redevelopment Agency adopted
CDC/2003-32.
01/20/04 Mayor and Common Council adopted 2 Resolutions (Item#R37) Community Development Commission.
04/05/04 Adopted Resolution No. 2004-95 authorizing an Agreement with Watson & ASSOCIates tor grading of
Campus Parkway between Kendall Drive and Northpark Boulevard.
01/10/05 Resolution No. 2005-7 adopted awarding contract in the amount of$ 2,181,877.00 to Matich CorporatIon
for construction of Campus Parkway (SS 04-01) and installation of a traffic signal at Kendall Drive and Campus
Parkway (TC 04-07) per Plan Nos. 10952 & 10232.
11/21/05 Approved Change Order No. One to Contract with Matich Corporation in the amount of $82,032 for
Campus Parkway.
Recommended motion:
L Adopt Resolution; and
2. Authorize the Director of Finance to amend the FY2005/06 Budget to rellect increased revenues in Account No.
129-000-4945 from Watson & Associates in the amount of$200,000 as contribution toward the Constmction of
Campus Parkway (SS 04-01) and installation ofa traffic signal at Kendall Drive and Campus Parkway (TC 04-
07) per Plan Nos. 10952 & 10232; and
3. Authorize the Director of Development "Services to execute Change Order No. Two to Contract with Matich
Corporation in the amount of $347.900.94 for construction of Campus Parkway (SS 04-01) and installation of a
traffic signal at Kendall Drive and Campus Parkway (TC 04-07) per Plan Nos. 10952 & 10232.
~UlA ~
James Funk
Contact person: Mike Grubbs, Eng. Mgr./Field Engineer
Phone: 5179
Supporting data attached St~ffRpp()rt ~nn rh::lOfP ()tnpr No Two
\\'grtl. 0:;
FUNDING REQUIREMENTS:
Amount' ~147 QOO Q4
Source: (Acct. Nos.) 129-367-5504-7007 and 248-368-5504-7007
Acct. Description: Campus Parkway ConstructIon and Traffic Signal Q
Finance: ?l'iJj~".PA?lpff""_~
f / a
Agenda Item No_ _ +- /
/,J.I.~/?)_~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving Amendment No. 1 to Grading Agreement with Watson Development Company
for Grading of Campus Parkway between Kendall Drive and Nonhpark Boulevard, Authorization for
the Director of Development Services to Execute Change Order No. Two to Comract with Matich
Corporation for construction of Campus Parkway (SS 04-01) and installation of a traffic signal at
Kendall Drive and Campus Parkway (TC 04-07) per Plan Nos. 10952 & 10232 and Authorization for
the Director of Finance to amend the FY 2005/06 budget.
Backeround:
On January 10, 2005, the Mayor and Common Council awarded a contract in the amount of
$2,181,877.00 to Matich Corporation for construction of Campus Parkway (SS 04-01) and installation
of a traffic signal at Kendall Drive and Campus Parkway (TC 04-07) per Plan Nos. 10952 & 10232.
This left approximately $200,000 for contingencies (including possible future change orders, as
necessary).
The project consists of the following: construction of a new 4-lane divided arterial roadway known as
Campus Parkway between Kendall Drive and Northpark Boulevard; widening Northpark Boulevard to
4-lanes between Campus Parkway and University Parkway; installation of a new traffic signal at the
intersection of Campus Parkway and Kendall Drive; installation of curbed medians in both Campus
Parkway and Northpark Boulevard; installation of street lights, landscaping and irrigation systems in
the medians; and installation of grouted river rock at selected locations in the medians.
At the time of approval of the Grading Agreement on April 5,2004, the City Engineer, developer. and
Engineer of Record estimated that the cost to the developer and benefit to the City for the developer to
provide engineering design, soil and compaction, and grading of the entire right-of-way for Campus
Parkway from Kendall Drive to Northpark Blvd. would exceed $411,000 and be approximately
$630,000; and, in exchange for said benefit, the City granted a fee waiver credit to the developer in an
amount not to exceed $275,000 for Fair Share Traffic Improvement Fees and Traffic Systems Fees,
which may result from development of the 134 acres known as University Park (Tentative Tract No.
16509), which included possible future commercial development of 22 acres of University Parkway.
At the time of the award it was anticipated that grading for Campus Parkway, which was being done by
University Park LLC in connection with the development of Tract No. 16509, would be completed in
February of 2005. However, heavy rains and problems installing several large water pipelines to serve
the development delayed completion of the grading until September of 2005. A Notice to Proceed was
issued to Matich Corporation on September 6, 2005.
Also, since the initial design and award of contract, additional land has been acquired from an adjacent
owner for development and dedication of a local park to the City; permission has been obtained from
CSUSB to develop a parcel owned by CSUSB as a "passive" public park; permission has been secured
from the City's Water Department to develop a 0.52 acre parcel abutting the north side of Campus
Parkway as a Public Park linked to a trail system; plans have been submitted for a new development
abutting both Campus Parkway and Northpark Boulevard; and the City has received and responded to
suggestions from CSUSB for modifications that better conform to recent changes in the University's
master development concept. These events make desirable some adjusttnents to the street plans and to
\ Matich Corporation's scope of work. Some of these items are discussed in more detail below. In
addition to the subject change order, staff is working on additional adjustments to the plans that more
fully reflect recent events that will necessitate a second change order.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
On November 21. 2005. Change Order No. One in the amount of $S2.032.00 was approved
authorizing the following changes: Installation of an additional catch basin and connector pipe on
Campus Parkway near Kendall Drive; Modification of foundations for streetlights: Construction of
parallel parking on Campus Parkway; Relocate 6" waterline along the north side of Kendall Drive.
Change Order No. Two in the total amount of $347.900.94 consists of the following changes:
Item No. 2-1 Parkway Drain at Station 16 + 84.02. A slope along the southeasterly side of Campus
Parkway as originally designed was found to outlet against the backside of the curb and sidewalk.
This arrangement would result in water !lowing over the curb and sidewalk during heavy rainstorms.
It was consider prudent to add a parkway drain to convey the slope drainage under the sidewalk and
through the curb face.
Item No. 2-2 Construct sliver fill and embankment for Northpark Boulevard near Campus Parkway.
The project as designed in the fall of 2004 and bid in late 2004 anticipated not requiring rough grading
to be done by Matich Corporation. It was the intent of the City's Engineering/Public Works Division
that rough grading would be completed as part of the grading being done by University Park LLC in
connection with the development of Tract No. 16509. The rough grading was completed by a
contractor other than Matich Corporation. However. a sliver fill remained to be filled and graded.
As a result. approximately 15.000 cubic yards of rough grading for Northpark Boulevard adjacent to
the California State University maintenance buildings was not identified in the rough grading plans
and completed. To correct the problem it was agreed that the City would authorize Matich
Corporation to complete the rough grading and that the City and University Park LLC would amend
the grading/reimbursement agreement to include the grading. Matich Corporation will he
compensated for the cost of this extra work based on time and materials.
Item No. 2-3 Modify grading on Northpark Boulevard between Station 57 + 89 and Station 65 + 50.
While the contractor was completing surveying and staking along Northpark Boulevard. it was
determined that a 30-inch waterline installed recently to serve Tract No. 16509 needed additional
depth coverage (separation between the line and roadbed). The shallow depth resulted because of a
determination to stay at least 2.5 feet above an existing lOS-inch Department of Water Resources
(DWR) aqueduct. which is just to the southwest of Northpark Boulevard. SBMWD. the owner of the
30-inch line. determined that placement of an additional 2.5 feet of fill dirt over the DWR 108-inch
line would be desirable and sufficient to protect the line from highway loads. This required raising of
the profile for Northpark Boulevard cr~ated a need for approximately 5.000 cubic yards of additional
fill. Matich Corporation will he compensated for the cost of this extra work based on time and
materials.
Item No. 2-4 Removal of Sandbags. Removal of sandbags along Northpark Boulevard which were
placed by the rough grading contractor. along Northpark Boulevard. had to he removed by Matich
Corporation in order to construct the sliver fill referenced in Item No. 2-2. above.
Item No. 2-5 Regrade Existing Subgrade on Campus Parkway for Placement at Curb & Gutter. The
prepared street subgrade did not include the curb & gutter subgrade on Campus Parkway. Matich
Corporation was required to regrade and compact the curb & gutter subgrade on a time and materials
basis. The work was performed between 9/12/05 and 9/27/05.
3
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Item No. 2-6 Fill Plamer Areas: The median curbs on Campus Parkway were built over 0.6 fl.
compacted base placed on the street subgrade, and resulted in it being necessary to bring in additional
dirt to fill the space within the median curbs. The placement of this fill was done on a time and
materials basis.
Item No. 2-7 Equipment Standby Time: A redesign of the area at the east end of Campus Parkway
near the intersection with Northpark Boulevard resulted in a requirement for Matich Corporation to
stand by pending approval of the redesign. There were other issues needing resolution (i.e. storm
drain re-design at Kendall end. relocation of a 6" waterline at Kendall end). Matich could not work
efficiently and temporarily demobilized during the stand by period. The contractor incurred costs due
to standing by during the periods of 10/5/05 to 10/7/05 and 10/17/05 to 10/21/05 in the amounted to
$17,334.10.
Item No. 2-8 Regrade East End of Campus Parkway: Following rough regrading by Mesa
Construction at the east end of Campus Parkway. Matich Corporation was required to make tine grade
and then reset the line and grade control for curb and gutter.
Item No. 2.9 Additional Survey: The survey firm hired by Matich Construction put in extra time to
provide data required for the redesign of a portion of the intersection of Campus Parkway and
Northpark Boulevard. and also had to restake to the moditied design plans.
Please refer to the attached Change Order No. Two for additional derails.
On AprilS, 2004, the Mayor and Common Council adopted Resolution No. 2004-95 approving a
Grading Agreement with Watson & Associates for Campus Parkway between Kendall Drive and
Northpark Boulevard, said "Gradin g Agreement" authorizing Watson & Associate's to perform the
~.
rough grading for the Campus Parkway project in exchange for a Traffic Systems Fee credit (relieved
of the requirement to pay) in an amount not to exceed $275.000, which included the above mentioned
Fair Share Traffic Improvements Fee of $35,000, the Traffic Systems Fee of $40.833. and any future
Fair Share Traffic Impact Fees and Traffic Systems Fees for the 159 Single Family lots in Tentative
Tract Map No. 16509 and Conditional Use Permit No. 03-06 and any Traffic System Fees resulting
from future commercial development of the remaining 22-acres of University Park, provided the
Developer conducts and completes the following.
The requirement for substantial additional grading on the northerly side of Northpatk Boulevard at
Campus Parkway was not realized at the time of execution of the "Grading Agreeme'nt." Subsequent to
start of construction on the Campus Parkway project, Matich Construction advised the City that the till
on the northerly side of Northpark Boulevard was not included in its bid and requested a change order
in the estimated amount of $204.850.00 (See item 2-2 above). Matich Corporation has been directed by
the City to proceed with this additional fill on a time and materials basis. The tinal cost is expected to
be less than the estimated amount.
In discussions with Watson & Associates, it was agreed that the additional grading on Campus Parkway
and Northpark Boulevard should have been included in the plans for rough grading and in the original
"Grading Agreement." If reflected in the early rough grading plans, the Engineer of Record (Transtech
Engineers. Inc.) would have intreased the cost estimate for rough grading from $630,000 to $830.000
Therefore, it was agreed to proceed with an Amendment No. I to the Grading Agreemem. Watson &
Associates agreed to participate in the cost of the additional grading and increase Developer's
contribution by $200,000 towards the cost of the additional grading subject to being granted a waiver
credit of Traffic Systems Fee and Fair Share Traffic Impact Fees for Conditional Use Permit No. 05-10
4
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
for a shopping center; Tentative Tract No. 17703 (formerly a part of Tentative Tract No. 16509) [0
create lots for a mixed-use development of retail, office and residential uses (also known as The
Commons at University Park); Tentative Tract No. 17699 (formerly a part of Tentative Tract No.
16509) to create a condominium subdivision for 22 mixed-use live/work detached homes (also known
as the "Artist Colony"); Tentative Tract No. 17716 to create lots for 34 single family detached homes
(also known as Pine Avenue Greenbelt Homes); and Tentative Tract No. 16963 to create lots for 77
single family detached homes (also known as West Ridge Homes). This gives a total contribution
amount of $475,000, which may be credited and/or reimbursed to Watson & Associates by waiver of
Traffic System Fees for the above listed projects.
Additional changes are proposed to be included in a new Change Order No. Three to compensate the
Contractor for extra work that was performed in recent weeks. The cost of this change order was not
finalized in time to be included in Change Order No. Two and may be presented to the Mayor and
Common Council for approval as early as December 19,2005.
Financial 1m pact:
The total funding currently available in the FY 2005/06 Capital Improvement Program under Account
No. 129-367-5504-7007 ($75,000), Account No. 126-369-5504-7007 ($74,700) and Account No 250-
370-5504-7262 ($148,800) is $298,500.
Watson & Associates, developers of Tract No. 16509 for approximately 159 single family lots on the
southerly side of Northpark Boulevard westerly of University Parkway has agreed to contribute
S200,000 toward the cost of the additional grading for the intersection of Northpark Boulevard and
Campus Parkway, leaving a balance of $147,900.94 to be funded from Account No. 129-367-5504-
7007 and Account No. 250-370-5504-7262.
Recommendation:
I. Adopt Resolution; and
2. Authorize the Director of Finance to amend the FY2005/06 Budget to reflect increased revenues in
Account No. 129-000-4945 from Watson & Associates in the amount of $200,000 as contribution
toward the Construction of Campus Parkway (SS 04-0 I) and installation of a traffic signal at Kendall
Drive and Campus Parkway (TC 04-07) per Plan Nos. 10952 & 10232; and
3. Authorize the Director of Deve!opment Services to execute Change Order No. Two to Contract with
Matich Corporation in the amount of $347,900.94 for construction of Campus Parkway (SS 04-01)
and installation of a traffic signal at.Kendall Drive and Campus Parkway (TC 04-07) per Plan Nos.
10952 & 10232.
5
DEVEWPMENT SERVICES DEPARTMENT
300 North "D" Street. San Bernardino. CA 92418-0001
Planning & Building 909.384.5057. Fax: 909.384.5080
Public WorkslEngineering 909.384.5111 . Fax: 909.384.5155
www.sbcity.org
,.
CONTRACT CHANGE ORDER NO. TWO
FILE NO. 1.7007
W.O. # 7007
DATE: DECEMBER 5, 2005
PROJECT:
CONSTRUCTION OF CAMPUS PARKWAY (SS 04-01) AND
INSTALLATION OF A TRAFFIC SIGNAL AT KENDALL DRIVE AND
CAMPUS PARKWAY (TC 04-07) PER PLAN NOS. 10952 & 10232.
TO:
MATICH CORPORATION
P.O. BOX 50,000
SAN BERNARDINO, CA 92412
GENTLEMEN:
You are hereby compensated for performing the additional work as follows:
I ITEIVI NO' i QTY
, i
i j ; i COST i
I
I I Install Parkway Culvert at Station 16 + I !
I 84.02. The price includes removal of existing I
2-1 1 LS curb and gutter. grading, form and pour new I Sl 7,695.00 s 7,6')5.00
parkway culvert and join culvert to existing v-
ditch.
Construct sliver fill and embankment for *
2-2 I LS Northnark Boulevard near Camnus Parkway. $ 204.850.00 $ 204.850.00
! Modify grading on Northpark Boulevard I
I
i j between Staticn 57 + 89 and Station 65 + 50 I
I as indicated by revision note no. 2 on Sheet 8 *
I 2-3 I LS of plans. This change will require
$ 84.600.00 $ 84,600.00
approximately 5,000 cubic yards of additional
fill which will be available from the
Universitv Park LLC site. 1,5000;l
I 2-4 lLS Removal of sandbags originally placed by $ 1.500.00 , $
developer. ------.I
I Regrade existing subgr~de on Campus 10,07637 I $ 10,076.371
I 2-5 I I LS Parkwav for placement at curb & gutter. $
I
, I Balance planter areas. I
i I ,
, 2-6 i I LS S 7.55199 $ 7,55199 i
I I
2-7 1 I LS Equipment standby time. Sl 17,33410 I $ 17.33410 I
I ,
-~----;
2-8 I LS Regrade east end of Campus. $1 4 761 48 S -1.7111 'IX
, . . ,
~
DESCRIPTION OF CHANGE
I I
. .
UNIT
'COST-U-:
Change Order No. Two
Construction of Campus Parkway (SS 04-01) and Installation of a Traffic Signal at Kendall Dnve amI Campus
Parkway (TC04-07) Per Plan Nos. 10952 & 10232.
2-9
I i
i $1
9.532.00 I s
1$
9.532.00 I
347,900.94
,
I LS I Additional survey.
Total Cost For Contract Change Order #2
* The amounts indicated for the items marked with an asterisk are estimates only. The actual
compensation to the contractor for items idelllitied by an asterisk will be determineu on the basis lIf
time and materials under terms of the contract.
Justification
2-1
2-2
Parkway Drain at Station 16 + 84.02. A slope along the southeasterly side of Campus
Parkway as originally designed was found to outlet against the backside of the curb and
sidewalk. This arrangement would result in water flowing over the curb and sidewalk
during heavy rainstorms. It was consider prudent to add a parkway drain to convey the
slone drainal!e under the sidewalk and throul!h the curb face. i
Construct sliver fill and emhankment for Northpark Boulevard near Campus I
Parkway. !
The project as originally bid did not require any rough grading to be done by Matich I
Corporation. It was tile intent of the City's Engineering/Public Works Division that rough
grading would be completed as part of the grading being done by University Park LLC in
connection with the development of Tract No. 16509. As a result. approximately 15,000
cubic yards of rough grading for Northpark Boulevard adjacelll to the California State I
I University maintenance buildings was not completed. To correct the problem it was.
agreed that the City would authorize Matich Corporation to complete the rough grauing i
,
and tIlat the City and University Park LLC would amend the grading/reimbursement I
; agreement to include the additional grading. Matich Corporation will be compensated for !
1- the cost of this extra work based on time and materials.
Modify grading on Northpark Boulevard between Station 57 + 89 and Station 65 +
i 50.
, While the contractor was surveying along Northpark Boulevard. it was found that a 30-
I inch waterline installed recently to serve Tract No. 16509 was much too shallow. The
I
shallow depth resulted because of a requirement to stay at least 2.5 feet above an existing
2-3 lOS-inch Department of Water Resources (DWR) aqueduct. which is just to the southwest
of Northpark Boulevard. SBMWD, the owner of the 30-inch line. agreed that placement I
of an additional 2.5 feet of till over their line would be sufficient to protect the line from I
highway loads. This required raising of the profile for Northpark Boulevard and created a
, need for approximately 5,000 cubic yards of additional till. Matich Corporation will be
I
i comnensated for the cost of this extra work based on time and materials
Removal of Sandbags
2-4 To construct the sliver till, it was necessary to remove the sandbags placed for erosion
control bv Watson Develooment alonl! Northoark Blvd.
, Regrade Existing Subgrade on Campus Parkwav for Placement at Curb & Gutter
2-5 The repared street sub rade did not include the C&G subgrade on Campus Pkwy.
2-6
p g
I Matich was required to regrade and compact the C&G subgrade on T &M. The work was
erformed between 9112/05 and 9/27/05.
Balance Planter Areas
I The median curbs on Campus Pkwy. were built over 0.6 Ii. aggregate base placed on the
! street subgrade, and resultied in it being necessary to bring in till dirt to balance within
I the median curbs. The lacement of this till was done on time and material.
2
Change Order No. Two
Construction of Campus Parkway (SS 04.01) and [nstallation of a Trallie Signal at Kendall Drive and Campus
Parkway (TC04-07) Per Plan Nos. 10952 & 10232.
I Equipment Standby Time
A design error was discovered at the east end of Campus Pkwy. with the intersection of
2-7 Northpark Blvd. There were other issues needing resolution (i.e. storm drain re-design at
Kendall end, relocation of a 6" waterline at Kendall end) that made it unproductive for
Matich to remain on site. They, therefore. pulled out and their equipment was placed 011
standby. For the standby periods of 10/5/05 to 10/7/05 and 10117/05 to 10/21/05 the COst
amounted to $17,334.10.
, Regrade East End of Campus
I 2-8 Following rough regrading by Mesa Contractors at the east end of Campus Pkwy., Matich
had to make fine grade and then reset the line and grade control for C&G (which was
their status when the design error was first discovered.
Additional Survey .
2-9 The hired survey firm put in extra time to provide data required for the redesign of
Campus Pkwy-Northpark Blvd. intersection, and also had to restake to new design plans.
SUMMARY OF CONTRACT COSTS:
The estimated revised contract cost is as follows:
Original bid amount............................ ................................................... $
Contract Change Order No. One................................................................ '5
Contract Change Order No. Two ........................... ................. ............ ........ S
ReVIsed Construction Contract Cost............................................................ $
2, 18l ,877.00
82.032.00
347,900.94
2,611,809.9-1
Additional time to complete contract due to this change order .......................... .... ~ days
This change order represents 15.95% of the original contract amollnt.
MATICH CORPORATION
CITY OF SAN BER1'lARDINO
DEVELOPMENT SERVICES
Approved
Accepted
By:
By:
JAMES FUNK
Director of Development Services
TLtle:
Date:
Date:
APPROVAL BY CITY COUNCIL
Item No.
Approval Date: December 5. 2005
\
3
1
2
RESOLUTION NO.
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT
4 NO. 1 TO AGREEMENT WITH WATSON & ASSOCIATES, A CALIFORNIA
5 CORPORATION, FOR GRADING OF CAMPUS PARKWAY BETWEEN KENDALL
DRIVE AND NORTHPARK BOULEVARD.
6
7
8
WHEREAS, on April 5, 2004, the Mayor and Common Council adopted Resolution
No. 2004-95 authorizing an Agreement with Watson & Associates, a California Corporation
9 for grading of Campus Parkway between Kendall Drive and Northpark Boulevard.
10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
11 CITY OF SAN BERNARDINO AS FOLLOWS:
12 SECTION 1. THAT THE MAYOR is hereby authorized to execute Amendment No.1
13 to Grading Agreement (see Attachment "1" and incorporated herein) with Watson &
14
Associates relative to grading of Campus Parkway between Kendall Drive and Northpark
15
16
Boulevard. Such Amendment shall be effective only upon being fully executed by all parties.
17
SECTION 2. This Amendment shall not take effect or become operative until fully
18 signed and executed by the parties and no party shall be obligated hereunder until the time of
19 such full execution. No oral agreement, amendments, modifications or waivers are intended or
20
authorized and shall not be implied from any act or course of conduct of any party.
21
22
23
SECTION 3. This resolution is rescinded if the parties to the Agreement fail to
execute it within sixty (60) days of the passage of the resolution.
24 III
25 III
26
27
28
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT
3 NO.1 TO AGREEMENT WITH WATSON & ASSOCIATES, A CALIFORNIA
CORPORATION, FOR GRADING OF CAMPUS PARKWAY BETWEEN KENDALL
4 DRIVE AND NORTHPARK BOULEVARD.
5
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6
7 Common Council of the City of San Bernardino at a
8
9
meeting thereof,
held on the
day of
,2005, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
10
11 ESTRADA
12 LONGVILLE
13
14
15
16
17
18
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
19
20
21
22
23
24
25 Approved as to
26 form and legal content:
27
City Clerk
,2005.
day of
The foregoing resolution is hereby approved this
Judith Valles, Mayor
City of San Bernardino
TIMOTHY SABa,
Special Counsel
28
BY:V~~
ATTACHMENT "I"
AMENDMENT NO.1 TO GRADING AGREEMENT
This Amendment No. I to Grading Agreement ("Amendment No. I") is entered into effective
this day of , 2005, between the City of San Bernardino, a
Municipal Corporation, ("City") and Watson & Associates, a California Corporation
("Developer").
RECITALS
1. On AprilS, 2004, the Mayor and Common Council adopted Resolution No. 2004-95
approving a Grading Agreement with Watson & Associates for Campus Parkway
between Kendall Drive and Northpark Boulevard, said "Grading Agreement" authorizing
Watson & Associate's to perform the rough grading for the Campus Parkway project in
exchange for waiver of certain development fees.
2. At the time of adoption of Resolution No. 2004-95, the City Engineer, Developer, and
Engineer of Record estimated that the cost to the Developer and benefit to the City for the
Developer to provide engineering design, soil and compaction, and grading of the entire
right-of-way for Campus Parkway from Kendall Drive to Northpark Boulevard would
exceed $411,000 and be approximately $630,000; and, in exchange for said benefit the
City granted a fee waiver credit to the Developer in an amount not to exceed $275,000
for Fair Share Traffic Improvement Fees and Traffic Systems Fees which may result
from development of the 134 acres known as University Park (Tentative Tract No.
16509), which included possible future commercial development of 22 acres of
University Park.
3. On January 10, 2005, the Mayor and Common Council adopted Resolution No. 2005-7
awarding a contract in the amount of $2,181,877,00 to Matich Corporation for
construction of Campus Parkway (SS 04-01) and installation ofa traffic signal at Kendall
Drive and Campus Parkway (TC 04-07) per Plan Nos. 10952 & 10232 ("Project").
4. In late August of 2005, all work identified in the original Grading Agreement was
completed by the Developer.
5. On September 6,2005, a "Notice to Proceed" was issued to Matich Corporation for start
of construction of "Project",
6. In October of 2005, during construction on "Project" in the vicinity of Northpark
Boulevard, it was determined that approximately 15,000 cubic yards of additional
grading would be desirable to elevate and to complete the new intersection of Campus
Parkway and Northpark Boulevard at an estimated additional cost of $204,850, said
additional grading not having been anticipated and included in the scope of work and
rough grading plans for the original "Grading Agreement".
7. In October of 2005, during construction in Northpark Boulevard, it was determined that a
30" San Bernardino Municipal Water Department (SBMWD) waterline had been
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ATTACHMENT "1"
installed shallower than anticipated by the street design, resulting in less than the
minimum cover of2.5 feet per SBMWD standards.
8. In October of 2005, Transtech Engineers, Inc., engineers of record for the project.
presented a revised plan to raise the elevation of Northpark Boulevard to provide
additional minimum clearance for a newly installed City water line on Northpark
Boulevard and provide additional elevation to the Northpark Boulevard approach to the
intersection with Campus Parkway, said revisions resulting in approximately 5.000 cubic
yards of additional grading at an estimated additional cost of $84,460.
9 . As of November I, 2005, the Developer has spent in excess of $1 ,000.000 to rough grade
Campus Parkway and the intersection of Northpark Boulevard and Campus Parkway in
compliance with the Grading Agreement adopted by City on AprilS, 2004, a sum
significantly in excess of the estimated cost of $630,000.
10. Whereas, Developer is proposing to develop additional commercial and residential
parcels southerly of Northpark Boulevard westerly of University Parkway, said
development being referenced as Conditional Use Permit No. 05-10 for a shopping
center; Tentative Tract No. 17703 (formerly a part of Tentative Tract No. 16509) to
create lots for a mixed-use development of retail, office and residential uses (also known
as The Commons at University Park); Tentative Tract No. 17699 (formerly a part of
Tentative Tract No. 16509) to create a condominium subdivision for 22 mixed-use
live/work detached homes (also known as the "Artist Colony"); Tentative Tract Map No.
17716 to create lots for 34 single family detached homes (also known as Pine A venue
Greenbelt Homes); and Tentative Tract No. 16963 to create lots for 77 single family
detached homes (also known as West Ridge Homes).
11. Whereas, Developer has agreed to participate in the cost of the additional grading and
increase Developer's contribution by $200,000 towards the cost of the additional grading
subject to being granted an additional credit not to exceed $200,000 towards certain
Traffic Systems Fees and Fair Share Traffic Impact Fees for Tentative Tract Nos. 16509,
17703,17699,17716, and 16963.
IN CONSIDERATION of the mutual covenants and conditions, which are provided in
this Amendment No. I, the parties agree as follows:
OPERATIVE PROVISIONS
(a) The Grading Agreement is hereby amended by replacing Sections I through 9, inclusive.
with the following text in its entirety, as set forth below.
1. Term: Unless earlier terminated as provided in this Amendment No. I to Grading
Agreement, this Amendment No. 1 will commence on the Effective Date and will
continue until 12 years from the Effective Date.
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ATTACHMENT "I"
2. Improvements: City, through its contractor, Matich Corporation, shall use its best
efforts to complete the importation of additional fill, compaction of additional fill,
and grading of all remaining portions of Northpark Boulevard between Campus
Parkway and University Parkway ("Improvements") to the specifications and
standards of the City Engineer in a timely manner, subject to extension for force
majeure including, without limitation, inclement weather, unavailability of labor or
materials, and other causes beyond the sole control of Developer.
(a) Fill Material: The Developer shall make available to the City's Contractor from
its property in the vicinity of the southwesterly corner of University Parkway and
Northpark Boulevard sufficient suitable roadway fill material to create fills
contemplated in Item 2 above.
3. Permits: The Developer shall not be charged and the City shall not charge for pennits
required to complete the Project, if any.
4. Coordination of Grading: The City shall coordinate the importation of fill and
additional grading improvements, to the extent practicable, with the work being done
by the Developer of the residential portion of University Park abutting Campus
Parkway.
5. Credits: The Developer shall be credited an amount not to exceed $475,000 toward
the Developer's required payments of Fair Share Traffic Improvement Fees and
Traffic Systems Fees, representing an increase of $200,000 more than the previously
approved sum of $275,000, applicable to Tentative Tract Nos. 16509, 17703, 17699.
17716, and 16963.
6. Total Amount of Credits: The total amount of said credits granted to the Developer
shall be $200,000 plus the obligation under the original Grading Agreement of
$275,000 for a total not to exceed obligation of$475,000
7. Term of Credit Obligation: The City's obligation, under this Amendment No. I to
Agreement, to credit the Developer for the completed Improvements shall continue
for a period of twelve (12) years from the Effective Date of this Amendment No I to
Agreement, unless the obligation is sooner satisfied by credit in the full amount of
$475,000 due and owing to the Developer under this Amendment No. I to
Agreement. After such twelve-year period or credit in full, whichever occurs first,
the City's obligation to credit the Developer shall terminate.
8. Shortfall of Credits: The City's maximum obligation to credit the Developer shall not
exceed $475,000. In the event Fair Share Traffic Improvement Fees and Traffic
Systems Fees levied on the development of the properties does not exceeding
$475,000 during the term of this Amendment No. I Agreement, the City shall not
reimburse or credit the difference to the Developer.
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ATTACHMENT "I"
9. Fees in Excess Credits: In the event Fair Share Traffic Improvement Fees and
Traffic Systems Fees levied on the development of the properties exceeds $475,000
during the term of this Agreement, the City shall not reimburse or credit the
difference to the Developer. The Developer shall be responsible and shall pay to
the City any Fair Share Traffic Improvement Fees and Traffic Systems Fees levied
on the development of the properties, which exceeds $475,000.
(b) Construction: City shall be solely responsible for construction by change order to its
Contractor and installation of the additional grading improvements in compliance with all
applicable federal, state and local laws. City shall defend, indemnify and hold
Developer, officers, agents and employees free and harmless from any and all claims,
actions or liability whatsoever, including attorney's fees and court costs, arising out of or
in connection with City's construction of the additional grading improvements.
(c) Payment: Within 21 days after execution of this Amendment No. 1 to Grading
Agreement and in consideration of the terms thereof, Developer shall remit to the City
the amount of $200,000.
(d) All other terms and conditions of the original Grading Agreement shall remain in full
force and effect.
III
III
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ATTACHMENT "I"
AMENDMENT NO.1 TO GRADING AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and year first
above written
CITY
CITY OF SAN BERNARDINO
By:
Judith Valles, Mayor
ATTEST:
By:
Rachel Clark, City Clerk
APPROVED AS TO FORM AND LEGAL CONTENT:
BY:~
Timothy SaD ,Special Counsel
DEVELOPER
Watson & Associates,
A California Corporation
By:
Name:
Title:
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