HomeMy WebLinkAbout2005-407
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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.
RESOLUTION NO. 2005-407
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8 No. 2004-95 authorizing an Agreement with Watson & Associates, a California Corporation
WHEREAS, on April 5, 2004, the Mayor and Common Council adopted Resolution
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 "I" and incorporated herein) with Watson &
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Associates relative to grading of Campus Parkway between Kendall Drive and Nonhpark
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Boulevard. Such Amendment shall be effective only upon being fully executed by all parlies
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18 signed and executed by the parties and no party shall be obligated hereunder until the time of
SECTION 2. This Amendment shall not take effect or become operative until fully
19 such full execution. No oral agreement, amendments, modifications or waivers are intended or
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authorized and shall not be implied from any act or course of conduct of any party.
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SECTION 3. This resolution is rescinded if the parties to the Agreement fail to
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execute it within sixty (60) days of the passage of the resolution.
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2005-407
1
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.
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6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a joint regular meeting thereof,
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The foregoing resolution is hereby approved this 7th day of Decem bet', 2005.
It Valles, Mayor
ity of San Bernardino
25 Approved as to
26 form and legal content:
27 TIMOTHY SABO,
28 Special Counsel
BY:\../M*
2005-407
OR1G1NAL
ATTACHMENT "I"
AMENDMENT NO.1 TO GRADING AGREEMENT
This Amendment No.1 to Grading Agreement ("Amendment No.1") is entered into effective
this ~ day of tJ..U.t~""v , 2005, between the City of San Bernardino, a
Municipal Corporation, ("City") and Watson & Associates, a California Corporation
("Developer").
RECIT ALS
I. On April 5, 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 of a 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 staJ1
of construction of "Project".
6. In October of 2005, during construction on "Project" in the vlclmty 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 detern1ined that a
30" San Bernardino Municipal Water Department (SBMWD) waterline had been
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2005-407
ATTACHMENT "}"
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 1, 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 April 5, 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 Avenue
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.1, the parties agree as follows:
OPERATIVE PROVISIONS
(a) The Grading Agreement is hereby amended by replacing Sections 1 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. 1 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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2005-407
ATTACHMENT "1"
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 comer 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 permits
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 tem1inate.
8. Shortfall of Credits: The City's maximum obligation to credit the Developer shall no!
exceed $475,000. In the event Fair Share Traffic Improvement Fees and Traffic
Systems Fees levied on the development of the properties does no! exceeding
$475,000 during the term of this Amendment No. I Agreement, the City shall no!
reimburse or credit the difference to the Developer.
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2bo5~407
ATTACHMENT "1"
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. I 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
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2'005-407
ATTACHMENT "\"
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
ATTEST:
By: rf!t~u ~
b Rb2rw~e~ . ~
A~ROVED AS TO FORM ~~L CONTENT:
By~L
Timothy Sab ,Special Counsel
DEVELOPER
Watson & Associates.
A California Corporation
By:
> ,,.)
Name:
Title:
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DEVELOPMENT 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:
MA TICH CORPORATION
P.O. BOX 50,000
SAN BERNARDINO, CA 92412
GENTLEMEN:
You are hereby compensated for performing the additional work as follows:
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UNIT : COST !
COST i :
I---~-H--l
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7.695.00 : '5 7.695UO!
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: ITE1\1 NO:
QTYI
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i Install Parkway Culvert at Station 16 +
84.02. The price includes removal of existing
curb and gutter, grading, form and pour new
I parkway culvert and join culvert to existing v-
i ditch.
Construct sliver fill and embankment for
North ark Boulevard near Camr,us Parkwa
Modify grading on Northpark Boulevard
between Station 57 + 89 and Station 65 + 50
as indicated by revision note no. 2 on Sheet 8
of plans. This change will require
approximately 5,000 cubic yards of additional
fill which will be available from the
I University Park LLC site.
1 LS ~Removal of sandbags originally placed by
develo er.
1 LS i Regrade existing subgrade on Campus
i Parkwa for lacement at curb & utter.
DESCRIPTION OF CHANGE
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1 LS
$,
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1 LS
! Balance planter areas.
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i Equipment standby time.
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I Regrade east end of Campus.
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$ 204,850.00 $ 204,85UO~
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$1 84,600.00 I $ 84,6000;; I
I I
1~1-1~50~t--1~5;JOOO
I I I
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I '5 10,076.371 S 10,076.37 i
1$1 7,551.99 is 7,551.99 i
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Q.'. 17.33410 I $ 17 .334. ill
$1 4.761.48 I s .-1,70148 I
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Change Order No. Two
Construction of Campus Parkway (SS 04-01) and Installation of a Traffic Signal at Kendall Drive and Campus
Parkway (TC04-07) Per Plan Nos. 10952 & 10232.
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I Additional survey.
$1
Y.532.00 i $
9.532.00 ,
Total Cost For Contract Change Order #2
I $
347,900.94 I
* The amounts indicated for the items marked with an asterisk are estimates only. The actual
compensation to the contractor for items identified by an asterisk will be determined on the basis of
time and materials under terms of the contract.
Justification
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I Parkway Drain at Station 16 + 84.02. A slope along the southeasterly side of Camp~~
I Parkway as originally designed was found to outlet against the backside of the curh 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 I
slo e draina e under the sidewalk and throu 'h the curb face. :
Construct sliver fill and embankment for Northpark Boulevard near Campus I
Parkway.
The project as originally bid did not require any 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
i connection with the development of Tract No. 16509. As a result. approximate I) 15.(i()(J
cubic yards of rough grading for Northpark Boulevard adjacent to the California State 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 grading
and that the City and University Park LLC would amend the grading/reimbursement
, agreement to include the additional grading. Matich Corporation will be compensated for
the cost of this extra work based on time and materials.
Modify grading on Northpark Boulevard between Station 57 + 89 and Station 65 + !
150.
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
shallow depth resulted because of a requirement to stay at least 2.5 feet above an existing
I 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 fill over their line would be sufficient to protect the line from
I highway loads. This required raising of the prot1Je for Northpark Boulevard and created a
need for approximately 5,000 cubic yards of additional fill. Matich Corporation will be
com ensated for the cost of this extra work based on time and materials
I Removal of Sandbags
I To construct the sliver till, it was necessary to remove the sandbags placed for erosion
I
I control by Watson Development along Northpark Blvd. _~__
! Regrade Existing Subgrade on Campus Parkway for Placement at Curb & Gutter
The prepared street subgrade did not include the C&G subgrade on Campus Pkwy.
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 ft. aggregate base placed on the .'1
street subgrade, and resultied in it being necessary to bring in fill dirt to balance within
I the median curbs. The placement of this fill was done on time and material. I
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Change Order No. Two
Construction of Campus Parkway (SS 04-01) and Installation of a Traffic Signal at Kendall Drive and Campus
Parkway (TC04-07) Per Plan Nos. 10952 & 10232.
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. Equipment Standby Time
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A design error was discovered at the east end of Campus Pkwy. \vith [he intersection ur I
Northpark Blvd. There were other issues needing resolution (i.e. storm drain re-design at I
Kendall end, relocation of a 6" waterline at Kendall end) that made it unproductive for I
Matich to remain on site. They, therefore, pulled out and their equipment was placed on .
I standby. For the standby periods of 10/5105 to 10/7105 and 10/17/05 to 10/21/05 the cost I
I amounted to $17,334.10. ~
Regrade East End of Campus I
Following rough regrading by Mesa Contractors at the east end of Campus Pkwy., Matich I
had to make fine grade and then reset the line and grade control for C&G (which was
their status when the desi n error was first discovered.
Additional Survey
The hired survey firm put in extra time to provide data required for the redesign of
Cam us Pkw -North ark Blvd. intersection, and also had to restake to new desi n lans.
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SUMMARY OF CONTRACT COSTS:
The estimated revised contract cost is as follows:
Onginal bId amount..................,........"."........,...,.. ,............,.",.".......', ,. 5)
Contract Change Order No. One,..,........,....................................,.............. $
Contract Change Order No. Two........ ................................................. S
Revised Construction Contract Cost,. ...,. .,....... . .. . ... ,. .,.. ..... . ....' . .. . .. . .. . ..... . .. . . $
2,11:lI,X77UU
S:un2uU
347,900.94
2,611.809.94
Additional time to complete contract due to this change order........,.",..........,.,.... ~ days
This change order represents 15.95% of the original contract amount.
Accepted
CITY OF SAN BERNARDIl"'O
DEVELOPMENT SERVICES
Approved
MATICH CORPORATION
By:
By:
Title:
Date:
/CJ-j-(!)C;--
Date:
/1. - 5'-- 05
APPROV AL BY CITY COUNCIL
Item No. 19
Approval Date: December 5. 2005
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