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HomeMy WebLinkAbout2001-05-22 - AGENDA REPORTS - GVR PHASE III (2)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Appro al: Item to be presented by: Robert Newman DATE: May 22, 2001 SUBJECT: GOLDEN VALLEY ROAD PHASE III, PROJECT NO. S3008 — AMEND FUNDING AGREEMENTS BETWEEN THE CITY OF SANTA CLARITA AND WILLIAM S. HART UNION HIGH SCHOOL DISTRICT, AND THE CITY OF SANTA CLARITA AND THE SANTA CLARITA VALLEY FACILITIES FOUNDATION; AND ADVERTISE FOR BIDS DEPARTMENT: Transportation & Engineering Services RECOMMENDED ACTION City Council authorize the City Manager or designee, subject to City Attorney approval, to approve the amendments to the funding agreements between the City of Santa Clarita and William S. Hart Union High School District, and the City of Santa Clarita and the Santa Clarita Valley Facilities Foundation; and approve the plans and specifications and authorize advertising for bids for Golden Valley Road Phase III, Project No. S3008. BACKGROUND On August 4, 1999, the City Council took several actions as part of a special City Council meeting related to the construction of Golden Valley Road. As a result, the City entered into separate agreements with the William S. Hart Union High School District and Spirit Properties Ltd. Each agreement created a mechanism for Golden Valley Road to be built in phases. The City would build Phase I jointly with the School District to take advantage of economies of scale related to the construction of their future high school. Phases II and III would be constructed as part of the Spirit Properties Ltd. Santa Clarita Business Park development. On December 14, 1999, City Council approved the Funding Agreements between the City of Santa Clarita and the Santa Clarita Facilities Foundation, and the City of Santa Clarita and the William S. Hart Union High School District. On March 14, 2000, City Council awarded a contract to Sukut Construction, Inc. for the construction of Golden Valley Road Phase I and High School site. This project is currently in construction, with an anticipated completion date of June 2, 2001. Exhibit "A" contains a APPROWEI A¢enda Item: Sm GOLDEN VALLEY ROAD PHASE III, PROJECT NO. 53008 May 22, 2001— Page 2 summary of the expenditures to date, and estimated final costs, for this project. Exhibit `B" contains an update of remaining project issues. On April 26, 2001, City Council adopted a Resolution amending the Funding, Construction, and Acquisition Agreement with Spirit Properties Ltd. This amendment allowed the City to build Golden Valley Road Phase III jointly with the School District, providing a location to place excess dirt from the school site, and facilitating the construction of Golden Valley Road between Sierra Highway and Golden Triangle Road. The Golden Valley Road Phase III project will include grading of Golden Valley Road from future Via Princessa to Redview Drive, sewer construction for the school site, storm drain construction, and paving of Golden Valley Road from Sierra Highway to Redview Drive. Total project costs are estimated to be $8.36 million as follows: PHASE III COSTS City School Estimated Soft Costs (Design/Administration/Inspection)* $ 506,548 $ 494,098 Estimated Construction Costs* $ 4,595,898 $ 1,996,875 City Contingency (15 percent) $ 765,367 $ 0 School Contingency (to be determined) $ 0 $ 0 TOTAL $ 5,867,813 $ 2,490,973 *Estimate of share pending agreement between the City of Santa Clarita and the Santa Clarita Valley Facilities Foundation. PHASE III REVENUES Twelve -Acre site $ 2,300,000 B&T Fees from Santa Clarita Business Park $ 1,188,000 Construction work deferred from GVR Phase I $ 1,326,000 (to facilitate sewer construction to the school site) Golden Valley Road Interim Improvement Project $ 1,054,000 The opening of construction bids for Golden Valley Road Phase III is scheduled for June 19, 2001. Staff will return to City Council for award of contract to the low bidder on July 10, 2001, and construction is anticipated to begin in late July 2001. GOLDEN VALLEY ROAD PHASE III, PROJECT NO. S3008 May 22, 2001— Page 3 ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT This project includes various street improvements, which will be the City's responsibility to maintain in the future. The costs for many of the improvements are for eligible bridge and major thoroughfare expenditures. Exhibit "A" — Golden Valley Road Phase I — Summary of Costs Exhibit `B" — City Interoffice Memorandum dated May 3, 2001 Exhibit "C" — Location Map Amended Agreements (available in City Clerk's Reading File) Plans and Specifications (available in the City Clerk's Reading File) KB:vjj:tw mv"dl\ SWNNedverdee.dw EXHIBIT A Golden Valley Road Phase I and High School Site Spent to Date Soft Costs (Design/Admin/Inspection) Construction Costs Estimated Remaining to Complete TOTAL Project Costs Ci_yt $11,261,859 $3,644,151 $7,617,708 To be determined To be determined School $10,259,210 $2,486,526 $7,772,684 To be determined To be determined I EXHIBIT "B" CITY OF SANTA CLARITA INTEROFFICE MEMORANDUM TO: Kerry Breyer, Associate Engineer Evan Aldrich, Project Manager John Spalione, Resident Engineer Donna Carpenter, WRA Engineering Jim Frankian, R.T. Frankian & Associates Jim Gortikov, Gortikov Enterprises, Inc. Mike Otavka, Director of Facilities, William S. Hart Union School District FROM: Robert Newman, City Engineer,;+ DATE: May 3, 2001 SUBJECT: Golden Valley Road Update Phase I/High School Site and Phase III The following is an updated list of pending issues relating to our joint project for your information and follow up. An agreement between the City and Santa Clarita Business Park (SCBP) will allow the City to construct Phase 3 of Golden Valley Road from the northern limits of Phase 1 to Redview Drive, addressing the additional dirt we have remaining on the school site. As of this update, the remaining cut on site is 760,000 cubic yards. We have moved approximately 8.0 million cubic yards of dirt to date. As of April 6, SCBP has full funding for the first portion of their project, with a tentative start in June 2001. One of the terms contained within the proposed agreement with SCBP addresses the dirt issue from Phase I, allowing the material to be used for the construction of Phase 3. We are currently developing a bid package to advertise Phase 3 and will be going to City Council for approval to go to bid on May 22, 2001 If you have any updates or questions, please let me know. UPDATE AS OF THURSDAY, May 3, 2001 PHASE I CONSTRUCTION ITEM STATUS/ ISSUE I WHO? PENDING Dirt Quantities The project team has reviewed preliminary final Project Team pay quantities for the project. We have a meeting on either May 11 or May 18 to review the preliminary pay quantities with Sukut. Golden Valley Road Phase I/High School Site Pending/Outstanding Issues Update Page 2 of 6 ITEM STATUS / ISSUE WHO? Dronsky Property Pending. City cost for acquisition may reduce Jim Gortikov/ Transfer to School District B&T credit. City has fmal judgment and Robert District from City property can be granted to District, pending bid specifications are being prepared. Council action. Bidding Period Evaluation of Potential The only remaining issues with Sukut that remain City Project Claim Issue with Sukut unresolved relate to extended overhead, SWPPPs, Team Ongoing working group. Meets as needed. erosion control, and dust control. These issues Committee/Project are due to the delays for Q1sB, revised work plan Team Meetings for the RUA, and rain days after the contract GVR / Sierra Highway Caltrans approval pending. Meeting w/Caltrans, period. Intersection (Median Right -of -Way for See separate section for right-of-way WRA/City Phase ATE Signal) As the City / Foundation / District is going forward with construction of GVR Phase III, the pending issues have been added to this report. PHASE III ITEM STATUS / ISSUE WHO? PENDING Bid Package The plans for grading & street improvements John Spalione/ have been obtained from Sikand that were Kerry previously prepared for Spirit Construction. The bid specifications are being prepared. Bidding Period Going to City Council May 22, 2001 for Kerry / authorization to advertise for bid. Frank Oviedo Cost Control/Savings Ongoing working group. Meets as needed. Jim Gortikov/ Committee/Project Robert Team Meetings GVR / Sierra Highway Caltrans approval pending. Meeting w/Caltrans, WRA Intersection (Median City staff& WRA held 4/3/01 to review Caltrans' Engineering/ Modifications & third plan check review comments, at which ATE Signal) much progress was made. The plans and revised Fact Sheet will be formally resubmitted to Caltrans by mid-May. Golden Valley Road Phase I/High School Site Pending/Outstanding Issues Update Page 3 of 6 ITEM STATUS / ISSUE WHO? Agreements (between The existing agreements are being amended to Robert/ City/Foundation & include the new scope of work. Jim Gortikov District/City Sewer The plans are approved from the school collector Jim Gortikov road to C Street. The approval of plans for C Street to Redview are pending. Porta Bella is not processing the plans currently, but they have only been checked once by the City. Contact with Porta Bella is needed to secure the plans and process them for approval. Sikand is preparing proposal to complete this work and upgrade the existing lines. The sewer will be bid as part of the bid package for Phase 3. Foundation The Foundation funding for the project will have Jim Gortikov/ Contribution to be agreed to prior to City Council Award Robert Budget/Funding The City Council will consider the budget for the Kerry/John project upon bid award. On 4/26/01, City Spalione Council approved SCBP paying their B&T fees in advance, and the amount of the B&T fees. Construction Schedule Construction targeted to begin mid-July 2001, Project Team provided all the approvals are in place. Cost Share The cost share for Phase III was forwarded to the Robert/ Foundation on 5/4/01. Jim Gortikov Below are the pending right-of-way issues for GVR Phase 1. ITEM STATUS / ISSUE WHO? RIGHT-OF-WAY Right -of -Way for Pending Robert Golden Valley Road from Porta Bella Golden Valley Road Phase I/High School Site Pending/Outstanding Issues Update Page 4 of 6 ITEM STATUS / ISSUE WHO? Easement for L.A. Easements have been reviewed and approved by WRA/John County Flood for City. Signatures are needed on easement Spalione Storm Drain documents by: (1) City, (2) Foundation and subject to a public input waiting period. This (3) Veluzats. Awaiting final resolution of period has passed and the exemption is final. pending condemnation. GVR Right -of -Way for City surveyor has legal descriptions and is Jim Gortikov/ City from Foundation reviewing second check comments. WRA Engineering Subordination of Gas City surveyor is reviewing legal descriptions District/ Line in Golden Valley prepared by Gas Company. Foundation/ Road WRA Right -of -Way for L.A. City surveyor has legal descriptions and is WRA City reviewing second check comments. Engineering Permanent Agreement Tiffany Israel, BAWG prepared draft of final District/ with Sikand Property agreement. Waiting for Wendy Wiles to review Foundation prior to sending to Sikand. Veluzat Right -of -Way City surveyor has legal descriptions and isWRA/City reviewing second check comments. The following items have been completed as of the last update report. ITEM I STATUS / ISSUE WHO? COMPLETED ITEMS FROM LAST UPDATE CIAC Tax and Gas Final ruling from IRS verbally received by Tim District Line Pearce of Gas Co. exempting excise tax. District received letter from IRS stating exemption was subject to a public input waiting period. This period has passed and the exemption is final. (District provided City with a copy of the letter). Complete Golden Valley Road Phase I/High School Site Pending/Outstanding Issues Update Page 5 of 6 The following items will be addressed by the Foundation/School District with future phases of work: ITEM I STATUS / ISSUE WHO? FUTURE PHASES School Utility Services Pending. Pac Bell plans have been submitted to the City and a permit has been issued for the Jim Gortikov work. Doug Apple has been awarded the utility coordination contract. Utility costs and plans are pending. A utility coordination meeting was held at the site on 10/31/00. Future utility construction will not impact current construction project. Collector Road Pending — Design for connection to District/ Ruether/possible funding/credit with the B&T WRA District. WRA Engineering will advise when Engineering improvement plans are to be submitted to City for review. No direction from Foundation has been provided at this time. Median Construction & Pending. WRA Engineering will advise when District/ Landscaping on Golden improvement plans will be submitted. No Foundation/ Valley Road by direction from Foundation has been provided at WRA Foundation/ District this time. Engineering Street Improvements: Pending. No direction from Foundation has been District/ Street Lights, provided at this time. Foundation/ Sidewalk, Curb & WRA Gutter on Golden Engineering Valley Road Permanent Pending. Will be done with future school project. District Landscaping of School Slopes Route to School What will the route to school for pedestrians be District upon opening? How will District address? Fish & Game 1601 — District will handle/City to pay 50%. Mike Otavka Five -Year Maintenance Ongoing Coordination A meeting was held on 5/12/00 to discuss District/City Issues ongoing efforts with Fred Good, Donna Carpenter, Michael Otavka and Robert Newman. A follow-up meeting needs to be scheduled. Golden Valley Road Phase I/High School Site Pending/Outstanding Issues Update Page 6 of 6 RGN:vjj S:\TES\ENG-aVI\()0LDEMUpdaWB\UpdM5301.dm cc: George A. Caravalho, City Manager Robert Lee, Superintendent, William S. Hart School District Steve Stark, Director of Administrative Services Anthony J. Nisich, Director of Transportation & Engineering Services Richard Patterson, SCV Facilities Foundation (fax) Robert Wagenaar, SCV Facilities Foundation Lorna Baril, William S. Hart School District GOLDEN VALLEY ROAD PHASE II AND PHASE III Golden Oak T.T. 51599 Porta Bella LEGEND Slope Building Sites in Tract TR. 42670-01 EXHIBIT N A 500 0 500 58+11 77+64 E Plde«a amen rte 7A maw Feet � +s 5-17-201 3:05PM FROM HAYDEN / KASSEL 818 704 4300 P.3 DRAFT FIRST AMENDMENT TO FUNDING AGREEMENT This First Amendment to Funding Agreement (this "Amendment") is made and entered into on May , 2001, by and between City of Santa Clarita, a California general law municipal corporation ("City"), and Santa Clarita Valley Facilities Foundation, a California non-profit public benefit corporation ("Foundation"). City and Foundation shall be collectively referred to herein as the "Parties" or individually as a "Tarty". RECITALS A. The Parties previously entered into that certain Funding Agreement dated February , 2000 ("Funding Agreement"), a copy of which is attached hereto as Exhibit "A". Section 21. of the Funding Agreement provides for amendment thereto by written agreement of the Parties. B. The Parties anticipate that the scope of work as specified in the Funding Agreement will be completed within two (2) or three (3) months, excluding completion of the road, including paving, and some of the drainage facilities for the Road Component and the Foundation Component, which the Parties intend to be completed in part pursuant to the terms of this Amendment. C. The purpose of this Amendment is to provide for the funding of the administration and cost sharing between the Parties for Phase III of the Golden Valley Road construction ("Phase IIT"). Phase III has two primary components, which are: (i) road -related grading, paving and drainage, for which the City is responsible ("Road Component"); and (ii) construction and installation of sewer facilities along and beneath Golden Valley Road, for which the Foundation is responsible ("Sewer Component"), as more particularly described in the attached Exhibit "B" and the documents incorporated therein. D. Except as expressly modified by the terms hereinafter provided, the Parties intend that the terms and conditions of the Funding Agreement shall remain in full force and effect with respect to funding of the administration and cost sharing of Phase III. NOW, THEREFORE, the Parties further agree as follows: 1. Recitals. Recitals A. through D. above are incorporated herein and made a part of this Agreement. 917.007.1AM AOR::051701 1 5-17-201 3:06PM FROM HAYDEN / KASSEL 818 704 4300 P_4 2. Schedule of Perfomumce. City agrees to: (i) initiate and pursue to completion at the earliest practicable date its standard public works bidding process consistent with applicable law to award a public works contract ("Phase III Contract"); and (ii) administer the performance of such Phase III Contract to complete Phase III as described on Exhibit "B". The proposed schedule ("Schedule of Performance") for the completion of Phase III shall be as set forth on the attached Exhibit "C". City agrees to require all contractors to designate Foundation and William S. Hart Union High School District, a California public school district ("District"), as third -party beneficiaries and require that Foundation and District be indemnified by all contractors and named as co -insureds in all Phase III Contracts awarded by City relative to Phase III. Copies of all insurance certificates shall be provided to Foundation and District. The proposed Schedule of Performance may be revised by the Parties for including, but not limited to, the following reasons: severe inclement weather, geology substantively different from that disclosed at bid and award of Phase III Contracts relative to Phase III, as well as differences from the Phase III Contract Documents, as herein defined, as to environmental sampling, testing change orders for extra work, as well as other unforseen conditions. 3. Review of SpecificadonslBid Documents. Foundation shall have the right to review, make comment upon, request changes, and approve or disapprove the public bid documents, plans and specifications ("Phase III Contract Documents") prepared by City for Phase III during the bid process through time of award. City will make available to Foundation the Phase III Contract Documents which shall be considered and approved prior to ZO(31' : If changes or revisions are requested by Foundation, the Phase III Contract Documents shall be revised by City. If Foundation fails to respond reaardin¢ consideration and approval of the Phase III Contract Documents prior to 200, they shall be deemed approved by Foundation. 4. Cost Estimate. A. The Parties have agreed upon an initial cost estimate for Phase III ("Phase III Cost Estimate"), a copy of which is attached hereto as Exhibit "D" and incorporated herein. The Phase III Cost Estimate allocates total estimated costs to Foundation for specific tasks relating to the Sewer Component and to City for specific tasks relating to the Road Component, including all anticipated construction costs and all associated expenses for construction management, permit fees, consulting services, field surveys and soils laboratory testing, which are specific and allocated to City or Foundation on a task -specific basis, as much as possible. Where not task specific, cost estimates have been allocated pro rata on the basis of the ratio of the total cost of the Road Component or the total cost of the Sewer Component to the total cost of Phase III. B. The Parties recognize that the Phase III Cost Estimate may require further revisions, as additional information is acquired once the bidding and award process has been completed and actual costs are incurred. 917-OM.1AM AGR::051701 2 5-17-201 3:07PM FROM HAYDEN / KASSEL 818 704 4300 P_5 5. Review of Bids Submitted A. Foundation shall have the right to review and select alternatives for bids which are received as related to the Sewer Component, and approve bids for the Sewer Component submitted by bidders in response to the notice inviting bids. City will make available to Foundation said bids and related documents submitted by bidders, and City staffs recommendation regarding the lowest responsive and/or responsible bidder, which shall be considered and, subject to the provisions hereof, approved by Foundation within six (6) working days from the date of receipt by Foundation. If Foundation fails to respond regarding consideration and approval of the bids within said six (6) working day period, they shall be deemed approved by Foundation. Prior to award of the construction contract for Phase III by City, Foundation shall have the right to reasonably determine that the recommended lowest responsive and/or responsible bid for the Sewer Component is greater, as determined by Foundation in its sole discretion, than the Phase IIF Cost Estimate as defined above, and to reasonably determine that the Sewer Component is infeasible, in which event City shall reject all bids. B. Receipt by the District of state funding for acquisition of the Golden Valley High School Site, interim or permanent :funding, to the extent necessary from. the District proposed financing, proposed to be accomplished prior to , 2001; is also a condition precedent to District concurring in the award of Phase III Contract Documents by City. In the event the District's interim financing is not completed, or either, state funding or other sufficient funds are not available for the District at the later of 2001 or the proposed award of the bid for the Sewer Component, to fund the herein provided obligations of the Foundation, this Amendment may be terminated by Foundation. In such event, Foundation shall reimburse, on a pro rata basis, Foundation's share of the reasonable expenses incurred as a result of City's preparation of the Phase III Contract Documents for the Sewer Component. The pro rata amount shall be based on the Phase III Cost Estimate, as hereinabove defined, for the Sewer Component of Phase 111. 6. Allocation of Costs. A. Foundation and City agree to pay for the total actual cost of their respective portions of Phase M. The Parties understand that there is no "cap" on the total financial obligation of the City and Foundation under this Amendment and that the total actual cost of Phase III may exceed the Phase III Cost Estimate, as adjusted. The Parties acknowledge that they share as herein provided in the risk incurred in any such cost, if any. In the event a particular added cost can be attributed to the Sewer Component, the Parties agree that such cost shall be borne by the Foundation. In the event a particular added cost can be attributed to the Road Component, the Parties agree such cost shall be borne by City. B. To the extent a particular added cost cannot be reasonably and substantially attributed to a Sewer Component or to a Road Component, the cost shall be 917-01 AAM AGR: :051701 3 S-17-201 3:07PM FROM HAYDEN / KASSEL 818 704 4300 P.6 allocated pro rata as to the Sewer Component cost or Road Component cost to the cost of Phase III. C. The initial allocation of the Phase III Cost Estimate shall allow Phase III to continue without delay. The Parties agree to reasonably negotiate resolution of any cost allocation disputes on an on-going basis and as Phase III is completed. To the extent no resolution can be reached, the Parties agree to submit the cost allocation dispute to a neutral, mutually -agreeable third -party mediator for non-binding mediation. 7. Cash Deposit and Subsequent Funding. To provide for payments by Foundation in satisfaction of its obligations under this Amendment, and subject to the provisions of Section 5, Foundation agrees to deposit with City, prior to City's award of the construction contract, for Phase III, a cash deposit in an amount equal to percent ( ) of the lowest responsible bid amount for the Sewer Component as a good faith deposit against the construction costs for the Sewer Component. This amount shall be held and disbursed by City in accordance with the terms of the Funding Agreement, as modified by the terms of this Amendment. The Parties shall agree upon a schedule for all remaining transfers of funds from Foundation to City to fund the Sewer Component in advance of costs incurred for those components. City will not issue a notice to proceed to the contractors until the cash deposit is received from Foundation. In no event shall City advance funds on behalf of Foundation for payment of the Contractor. 8. Use of Cash Deposits on Hand. Foundation previously paid certain monies to City pursuant to the Funding Agreement, which have not been expended, with respect to the Project as specified in the Funding Agreement. To the extent that any such monies paid by Foundation with respect to the Foundation Component of the Project have-not been expended by City, they shall be credited toward the amount of cash deposit required to be paid by Foundation to City, pursuant to Paragraph 7. above, and shall be governed pursuant to the terms of the Funding Agreement as herein amended. 9. Application and Effect of Remaining Funding Agreement Term. All other terms and conditions of the Funding Agreement not expressly modified pursuant to this Amendment and which governed the relationships and responsibilities of the Parties with respect to the Foundation Component and the Road Component of the Project shall continue to apply to Phase III, including, but not limited to, the following Sections as specified in the Funding Agreement: (i) Section 7, Change Orders; (ii) Section 8, Indemnification; (iii) Section 10, Holding of Deposits. 10. Effective Date. The effective date of this Amendment shall be 2001-: 917407.1AM AGR::051701 4 S-17-201 3:08PM FROM HAYDEN / KASSEL 818 704 4300 P.7 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed. CITY OF SANTA CLARITA By: SANTA CLARITA FACILITIES FOUNDATION By: APPROVED AS TO FORM.• CITY ATTORNEY APPROVED AS TO FORM FOUNDATION COUNSEL 917-WAAM AGR::051701 5