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Home My WebLink About2013-06-11 - AGENDA REPORTS - AMEND NLF INFRAST REIMB AGMT (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item: 10 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: June 11, 2013 i. Kevin Tonoian AMENDMENT OF INFRASTRUCTURE REIMBURSEMENT AGREEMENT Administrative Services RECOMMENDED ACTION City Council: Amend an Infrastructure Reimbursement Agreement with Newhall Land, and authorize additional expenditures in the amount of $150,777, plus a 20 percent contingency on the landscape improvements, design, and utilities of $29,277, for a total not to exceed the amount of $180,054 for the installation of landscape and irrigation median improvements. 2. Appropriate funds in the amount of $180,054 from Landscape Maintenance District Fund (357) Balance to Account 12541-5161.013. 3. Authorize the City Manager or designee to execute this Agreement, subject to City Attorney approval. BACKGROUND At their April 9, 2013 regular meeting, the City Council approved a Reimbursement Agreement with Newhall Land (Developer) to construct supplemental median improvements on behalf of the City adjacent to, but not required as a condition of the Villa Metro Project. These roadway improvements encompass a blended combination of median work the City conditioned and supplemental work requested by the City. The work previously authorized by the City Council was requested by the City to ensure consistency throughout the roadway corridor and is under construction. At this time, staff is returning to the City Council with a request to amend the original Reimbursement Agreement in order to authorize the Developer to complete the installation of APPROVED - � - landscape and irrigation -related improvements on the City's behalf. This work would be located within portions of two median islands on Soledad Canyon Road where the Developer recently completed raised median curbing. The location of these medians are directly adjacent to the Metrolink Station and Saugus Speedway (see Exhibit "G") outside the project boundaries area and are not subject to the original conditions of approval. As part of the Villa Metro Project and at the Developer's cost, the City required installation of median landscaping along Soledad Canyon Road beginning just east of the Metrolink Station and extending to the Cross Valley Connector Flyover. Piggy -backing off the Developer's pending landscape work through this amended reimbursement agreement will allow the City to take advantage of economies of scale pricing and expedite construction of the final segment of landscaping needed along Soledad Canyon. Costs associated with the installation of the landscape improvements are estimated to be $180,054. The breakout of this work encompasses $94,253 for landscape improvements, $56,524 for design, project management, water connection, and meter -related costs, and a 20 percent contingency of $29,277. Consistent with the previous Infrastructure Reimbursement Agreement approved by the City Council, the supplemental landscape work requested by the City and subject of this proposed amendment was competitively bid as a prevailing wage project. The Developer has submitted the attached documentation to the City evidencing the costs of the improvements. Special Districts staff has reviewed and determined the costs to be reasonable and appropriate. Pursuant to the amended agreement, the City would reimburse Newhall Land an amount not to exceed $180,054 for the landscape improvements. Pending approval of this agreement, the developer is ready to proceed with the construction and installation of the improvements. ALTERNATIVE ACTIONS 1. Do not approve the Reimbursement Amendment. 2. Other action as determined by the City Council. FISCAL IMPACT Appropriate funds in the amount of $180,054 from Landscape Maintenance District Fund (357) Balance to Account 12541-5161.013. Adequate monies are available in Fund 357 to complete these proposed landscape median improvements. ATTACHMENTS Contract 13-00139 Amendment A Exhibit E - Exclusions and Clarifications Exhibit F - Schedule of Prices Exhibit G - Project Area Maps -z FIRST AMENDMENT TO AGREEMENT NO. 13-00139 BETWEEN THE CITY OF SANTA CLARITA AND NEWHALL LAND Contract No. 13-00139A THIS FIRST AMENDMENT ("Amendment") is made and entered into this day of 20_ by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation existing under the laws of California ("CITY"), and Newhall Land ("DEVELOPER"). 1. Pursuant to Section 4 (Reimbursement) of Agreement No. 13-00139 ("Agreement"), amendment to Section 4 to read as follows: The total Reimbursement Costs may not exceed $559,582 (the "Projected Cost Cap"), provided that the Reimbursement Costs may exceed the Projected Cost Cap, and City agrees to reimburse Developer for Reimbursement Costs that exceed the Projected Cost Cap, as generally described on Exhibits E & F attached hereto. However, in the event Developer determines the Reimbursement Cost will exceed the Projected Project Cap for Supplement Improvements as described in Exhibits E & F (an "Excess Costs Determination"), prior to submitting a remittance for such excess costs, Developer will seek formal City Council approval. If Developer makes an Excess Costs Determination, Developer may discontinue all work on the Supplemental Improvements until such time that the City Council approves payment of such excess costs and any delay associated therewith shall be deemed to be an Unavoidable Delay. If the City Council does not approve such excess costs, Developer may complete the portion of the Supplemental Improvements Developer reasonably determines are not impacted by such excess costs, in whichr case Developer shall be relieved of the obligation to complete such impacted portions of work and the City shall reimburse Developer for all other Reimbursement Costs. Developer agrees to keep full and accurate books of account and records of such Reimbursement Costs for the term of this Agreement and to make them available to City upon request. Any portion of the Reimbursement Costs not paid to Developer when due hereunder shall accrue interest at ten percent (10%) per annum. 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 13- 00139 remain the same. [SIGNATURES ON NEXT PAGE] 7/2006 -3- IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. FOR DEVELOPER: Print Name & Title FOR CITY OF SANTA CLARITA: KENNETH STRIPLIN, CITY MANAGER Un City Manager Date: ATTEST: By: City Clerk APPROVED AS TO FORM: JOESPH M. MONTES, CITY ATTORNEY M City Attorney 7/2006 -y EXHIBIT E EXCLUSIONS AND CLARIFICATIONS EXCLUSIONS (see footnote 1 below): 1) Permits 2) Dirt removal if soil is deemed contaminated 3) Soil amendments beyond what is customary with -in the industry 4) Any City requested revisions or additions that are not reflected on the landscape plans prepared by Pacific Coast Land Design, INC., dated 2013, which were approved by the City on 2013 CLARIFICATIONS FOR REIMBURSEMENT: "Schedule of Prices" 1) The attached "Schedule of Prices" is based on the information available and is an estimate only and not a guaranty or warranty by Developer. Among other things, quantities may change and/or unforeseen circumstances may occur (such, for example, as additional costs associated with water connection -related fees) which will cause additional Reimbursement Costs to be incurred and payable by the City to Developer. 2) All quantities are to be field verified by both a Developer and City representative. Developer will be paid according to the unit pricing in the Schedule of Properties and final quantities. 3) All work is to be performed during the normal day time hours. Night work will be an additional cost. 4) The estimated costs anticipate that work will be authorized by the City and that Developer's subcontractors will be able to work continuously and without interruption. Any delays (whether or not caused by the City) will cause additional costs to be incurred. Footnote 1. If any items described in the exclusions become part of the scope of work, the actual costs incurred shall be included in the Reimbursement Costs. —5— EXHIBIT F American Landscape SIZE SIZE UNIT ITEM MATERIA DESCRIPTION UNIT UWNER Quantity SUB. CONTRACTO RQuantity TOTAL COST WITH YOUR UNITPRICE QTYS MOBILIZATION -Initial LS 1 1 $250.00 $250.00 Additional mobilization EA 1 1 $250.00 Total $-N/A At This Time Additional mobilization - concrete 1 $1,500.00 Total$ -N/A At This Time TRAFFIC CONTROL LS 1 1 $3,750.00 $3,750.00 SITE PREPARATION LS 1 1 $3,041.40 $3,041.40 Site Preparation -Flat Grountl SF 6,800 $0.195 Total in LS Site Preparation - Slopes SF $ Total in LS Fine Grade - Flat Ground SF Induced in Item 3.1 Total in LS Fine Grade - Slopes SF $ Total in LS Soil Tests EA 3 $123.00 Total in LS Mulch - Flat Ground SF 6,800 $0.198 Total in LS Mulch - Slopes SF $ Total in LS Turf - Sodded SF $ Total in LS Turf -Seeded SF $ Total in LS Bend -a -Board LF $ Total in LS Jute Mesh Fire Resistant SF $ Total in LS IRRIGATION SYSTEM LS 1 1 $34,547.00 $34,547.00 Irrigation System - Flat Ground SF 6,800 $5.080 Total in LS Irrigation System - Slopes SF $ Total in LS GROW and KILL LS 1 1 $0.00 $0.00 Grow and Kill -Flat Ground SF N/A N/A $0.00 Total in LS Grow and Kill - Slopes SF N/A N/A $0.00 Total in LS INSTALL TREES LS 1 1 $13,595.18 $13,595.18 1 GA Trees FA $ Total in LS 5 GA Trees Fit $ Total in LS 15 GA Trees FA $ Total in LS 24 IN Trees Box EA 21 $230.50 Total in LS 36 IN Trees Box EA $ Total in LS 48 IN ITrees Box FA $ Total in LS 60 IN Trees Box EA $ Total in LS 72 IN Trees Box EA $ Total in LS 84 IN Trees Box EA $ Total in LS Cast Iron Tree Grates (Frames Installed by Concrete Contractor) EA $ Total in LS �Root/Moistum Barrier EA 1,337 $6.548 Total in LS INSTALL SHRUBS LS 1 1 $7,171.90 $7,171.90 1 GA Shrubs EA 184 $6.40 Total in LS 5 GA Shrubs EA 377 $15.90 Total in LS 15 GA Shrubs EA It Total in LS 24 IN Shrubs Box EA $ Total in LS 36 IN Shrubs Box EA $ Total in LS 5 GA Vines EA $ Total in LS 15 GA Vines EA $ Total in LS 24 IN Vines Box EA $ Total in LS INSTALL GROUND COVER PLANTING LS 1 1 $ $ Ground Cover -Flat Grountl SF $ Total in LS Ground Cover- Slopes SF $ Total in LS INSTALL HYDROSEED LS 1 1 $ $ Hydroseed -Flat Ground SF $ Total in LS Hytlroseetl -Slopes SF $ Total in LS LANDSCAPE MAINTENANCE 90 Day LS 1 1 $897.60 $897.60 30 -day I SF N/A N/A $0.00 Total in LS 90 -day SF 6,800 $0.132 Total in LS 270 -day SF N/A N/A $0.00 Total in LS SUB TOTAL $63,253.08 TOTAL- LANDSCAPE IMPROVEMENTS (Speedway) $63,253.08 -6— American Landscape SIZE SIZE UNIT ITEM MATERIAL DESCRIPTION UNIT OWNER Quantity SUB- CONTRACTO R Quantity TOTAL COST WITH YOUR UNIT PRICE OTYS MOBILIZATION -Initial LS 1 1 $250.001 $250.00 Additional mobilization EA 1 1 $250.00 Total $-N/A At This Time Additional mobilization - concrete 1 $1,500.00 Total$ -N/A At This Time TRAFFIC CONTROL LS 1 1 $3,750.00 $3,750.00 SITE PREPARATION LS 1 1 $2,132.78 $2,132.78 Site Preparation - Flat Grountl SF 4,488 $0.195 Total in LS Site Preparation -Slopes SF Total in LS Fine - Flal Ground SF Included in Item 3.1 Total in LS raGrade Fine Gde - Slopes SF $ Total in LS Soil Tests EA 3 $123.00 Total in LS Mulch - Flat Ground SF 4,488 $0.198 Total in LS Mulch - Slopes SF $ Total in Ls Turf - Sodded SF $ Total in LS Turi- Seeded SF $ Total in LS Bend -a -Board LF Total in LS Plastic Header Oly Ola Edge King (Jute Mesh Fire Resistant SF 0 Total in LS IRRIGATION SYSTEM LS 1 1 $12,523.96 $12,523.96 Irrigation System - Flat Grountl SF 4,488 $2.791 Total in LS Irrigation System -Slopes SF Total in LS GROW and KILL LS 1 1 $0.00 $0.00 Grow and Kill - Flat Ground SF N/A N/A $0.00 Total in LS Grow and Kill - Slopes SF N/A N/A $0.00 Total in LS INSTALL TREES LS 1 1 $7,301.12 $7,301.12 1 GA Trees EA $ Total in LS 5 GA Trees EA $ Total in LS 15 GA Trees EA $ Total in LS 24 IN Trees Box EA 10 $230.50 Total in LS 36 IN ITrees Box EA $ Total in LS 48 IN Trees Box EA $ Total in LS 60 IN ITrees Box EA $ Total in LS 72 IN Trees Box EA $ Total in LS 84 IN Trees Box EA $ Total in LS Cast Iron Tree Grates (Frames Installed by I Concrete Contractor) EP. $ Total in LS Root/Moisture Barrier EA 763 $6.55 Total in LS INSTALL SHRUBS LS 1 1 $4,449.501 $4,449.50 1 GA Shrubs EA 176 $6.40 Total in LS 5 GA Shrubs EA 209 $15.90 Total in LS 15 GA Shrubs EA $ Total in LS 24 IN Shrubs Box EA $ Total in LS 36 IN Shrubs Box EA $ Total in LS 5 GA Vines EA $ Total in LS 15 GA Nines EA $ Total in LS 24 IN Vines Box EA $ Total in LS JINSTALL GROUND COVER PLANTING LS 1 1 $ $ Ground Cover - Flat Ground SF $ Total in LS Ground Cover - Slopes SF $ Total in LS INSTALL HYDROSEED LS 1 1 $0.00 Hydroseed - Flat Ground SF Total in LS lHydroseed - Slopes SF $ Total in LS LANDSCAPE MAINTENANCE 90 Day LS 1 1 $592.42 $592.42 �30-day SF N/A N/A $0.00 Total in LS 90-tlay SF 4,486 $0.132 Total in LS 270 -day SF N/A N/A $0.00 Total in LS TOTAL. LANDSCAPE IMPROVEMENTS (Metrolink Station) $30,999.78 SUBTOTAL - LANDSCAPE IMPROVEMENTS (Speedway) $63253.08 SUB TOTAL - LANDSCAPE IMPROVEMENTS ( Metrolink Station) $30,999.78 GRAND TOTAL - PANELA SUB -TOTAL LANDSCAPE $94,252.86 APPROVED LANDSCAPE PLANS $ 20,170.00 ADD WATER METER AT SPEED WAY $ 18 000.00 CASTAIC LAKE WATER FEES $ 4,694.00 ELECTRICAL PEDISTAL (T&D Electric) $ 9,268.00 EDISON SUB -TOTAL SUPORT TRADES $ 52,132.00 Management fee 3% $4,391.55 Contingency 20% $29,276.97 Grand Total Complete $180,053.38 X 1 Z �Q s Jg� o v 3 /bllb �C9 O N 7 W�SNBpNE d N 7 3NOBHSM SUMMIT Q C Ea E 3 moo C7 > pprKEFeu j N n O E DpJEWEED O OpgDO O N U - OOgN O �PpO O N JN Gp > _T J G O 8 �y OIJ.DOINO S � O Z U Z LL �� sHaoMsaiA O u � b1id. OOpyO •�/^� Z j Vi G Z ya Q a i� SpU�e U vy U) einos u 70 1 O C6 � CIOp C �D G y « 0 % 0 \ 0 CO g m E § G « g / _ \ E of / .a / ■ S \ §