Item 13 - Ammnd to Agreement Public Improvements South Side Metate Lane
AGE~/- EPORT S~'MMARY
TO: Honorable Mayor and Members of City Council
- FROM: James L. Bowersox, City Man~ ,
.NITIATED BY: John D. Fitch, Assistant City Manage~'~ ~~
Mark S. Weston, Director of Engineerin Service~'
Javid Siminou, Senior Civil Engineer ~
Kathy L. Cerini, Assistant Civil Engineer II
DATE: December 12, 1995
SUBJECf: Amendment to Agreement Relating to Public Improvements - South Side of
Metate Lane; Shea Homes, Inc., Applicant
ABSTRACf
The developer of the Poway Oaks subdivision, Shea Homes, Inc., entered into an
agreement with the City of Poway for the improvement of the southerly half of Metate
Lane. Actual field conditions necessitated additional work, thereby requiring an
amendment to the Agreement. -
ENVIRONMENTAL REVIEW
This action is not subject to CEQA review.
FISCAL IMPACf
..
The additional monies are within the available budget and no additional funds are
required.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Shea Homes, Inc.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute the
amendment to the "Agreement Relating to Public Improvements" on behalf of the City of
Poway.
ACfION
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. AGENDA REPORT
CITY OF POW A Y
This report is included on the Consent Calendar There will be no separate discussion of the report prior to llIpprovlll by the
City Council unless members of the Council. staff or public request it to be removed f~~ ~e Consent Calendar and
discussed separately. If you wish to have this report. pulled for discussion, please fill out a slip indicating the report. number
and give it to the City Clerk prior to the beginning of the City Council meetmg.
TO: Honorable Mayor and Members of City Council
FRO": James L. Bowersox, City Man~ ~
INITIATED BY: John D. Fitch, Assistant City Manage~\ ~J
Mark S. Weston, Director of Engineerin Service~
Javid Siminou, Senior Civil Engineer
Kathy L. Cerini, Assistant Civil Engineer II ~
DATE: December 12, 1995
SUBJECT: Amendment to Agreement Relating to Public Improvements -
South Side of Metate Lane: Shea Homes. Inc.. Aoolicant
BACKGROUND
Metate Lane is partially encompassed by and adjacent to the Poway Oaks
subdivision. Shea Homes, Inc. is the developer of this subdivision.
On June 13, 1995, the City Council authorized the City Manager to execute an
"Agreement relating to Public Improvements" with Shea Homes, Inc. on behalf of
the City of Poway for the improvement of the southerly half of Metate Lane for
an amount of $98,076.00 (Attachment 1).
The improvement plans for Poway Oaks, TM 94-02, describe the public
improvements which the City requested Shea Homes, Inc. to construct within the
southerly half of Metate Lane. Exhibit "A" of Attachment 1 defines the scope
of the improvements.
FINDINGS
Actual site conditions along Metate Lane caused additional work which was not
anticipated by the City or Shea Homes at the time the agreement was signed.
The actual conditions warranted over excavation of saturated material,
placement of additional base, removal of unsuitable material, replacement of a
10-foot Type B-1 inlet, along with extra geotechnical services, supervision,
and overhead. In addition, Shea Homes extended a storm drain which was to be
extended under a separate CIP project (#1419).
Shea Homes, Inc. has agreed to accept the total sum of $29,500.00 as payment
in full for the additional work as stated in the addendum letter dated October
25, 1995 (Attachment 2). Total cost of the work performed by Shea Homes
ACTION:
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Amendment to A9reement Relating to Public Improvements - South Side of Hetate
Lane; Shea Homes, Inc., Applicant
December 12, 1995
Page 2
reimbursed by the City is $127,576.00. The City had appropriated $110,000.00
for this work. Shea Homes performed work scheduled for another CIP project.
Staff will be transferring funds from project #1419 totaling $17,576.00 to pay
for the storm drain extension. No additional funds are needed for this
project.
ENVIRONMENTAL REVIEW
This action is not subject to CEQA review.
FISCAL IMPACT
The additional monies are within the available budgets and no additional funds
are required.
PUBLIC NOTIFICATION AND CORRESPONDENCE
Shea Homes, Inc.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute
the amendment to the "Agreement Relating to Public Improvements" (Attachment
2) on behalf of the City of Poway.
JLB/JDF/MSW/JS/KLC/bw
ATTACHMENTS:
1. Agreement Relating to Public Improvements
2. Amendment to Agreement
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AGREEMENT RELATING
TO
PUBLIC IMPROVEMENTS
This Agreement, dated Mey 24 , 1995 is entered into by and between the City
of Poway, a municipal corporation ("City") and Shea Homes Limited Partnership, a California
limited partnership ("Shea") for the construction of certain public improvements.
RECITALS
A. Shea is the owner and developer of real property I.ocated at the northeast corner of
Pomerado Road and Metate Lane, situated in City which is the subject of approved Tentative Tract
Map 94-02; approved Development Review 94-07; and approved Variance 94-13 (collectively,
"Project").
B. The Project will permit the construction of 62 single family homes and will require
the construction of various public facilities. Construction of the Project will also require the
payment of various City imposed fees and exactions. including, but not limited to, a drainage
impact fee in the total amount of $13,686 ("Drainage Impact Fee"land a traffic impact fee in the
total amount of $40,920 ("Traffic Impact Fee").
C. Adjacent to the Project is Metllte Lane, a public road which is owned and
maintained by City. The physical condition of the southerly half of Metate Lane requires certain
remedial improvements which are not required by Project approvals to be made by Shea.
However, the parties recognize that the improvement of the southerly half of MlItllte Lane can only
be efficiently completed in conjunction with Shea's other construction activities on the Project.
D. Pursuant to the City's request, the parties intend t~ provide for the remedial
improvements to the southerly half of Metate Lane, as further deScribed in this Agreement,
concurrent with Shea s construction of the Project. Exhibit" A" attached hereto and Improvement
Plans No. 94-02descnbe the public improvements ("Metate Lane Improvements") which the City
has requested Shea construct within the southerly half of Metate Lane. The City expressly
acknowledges that although it is believed the Metate Lane Improvements will improve existing
street and drainage conditions in a cost efficient manner, the Metllte Lane Improvements may not
resolve all the presently existing drainage and other substandard conditions which have caused the
need for remedial improvements.
.
NOW, THEREFORE, the parties agree as follows:
1. Shea shall construct, concurrent with the other improvements required for the
Project, the Metate Lane Improvements. The Metate Lane Improvements shall be constructed
pursuant to applicable City standards and shall be subject to City inspection requirements. to the
extent City standards ere consistent with the scope of the Meme Lane Improvements as set forth
on Improvement Plans No. 94-02 and Exhibit "A". The parties agree that the total cost of the
Improvements shall be .152,682 as described on attached Exhibit "B," The Improvements shall
be completed and aCcepted by City concurrent with the public Improvements described and
bonded for in the subdivision improvement agreement approved by City in conjunction with the
final map for the Project. Notwithstanding any provision in this Agreement or in the conditions of
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ATTACHMENT 1 -
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the Project to the contrary. the Metate Lane Improvements will not be secured by any bond or
other security.
2. City shall provide 'credits' to Shea equal to $54.606 for the Drainage Impact Fees
and TraHic Impact Fees for the Project. These credits shall be provided by City at the time Shea
would have otherwise been !equired to pay the applicable fee. In that regard, the credit shall be
applied regardless of the status of the Metate Lane Improvements.
3. Thirty days after completion of the Metate Lane Improvements. City shall pay
$98.076 to Shea provided only that no stop notice or mechanics' lien claims are outstanding
against the Metate Lane Improvements.
4. This Agreement shall constitute the only agreement between the parties relating to
the Metate Lane Improvements. All other previous agreements~.~ither oral or written. are hereby
incorporated in this Agreement.
5. Shea agrees to construct the Metate Lane Improvements in a good workmanlike
manner (construction in a good workmanlike manner refers to both the labor and materials supplied
for the construction of the Metate Lane Improvements). However. Shea does not expressly or
impliedly warrant that the Metate Lane Improvements will completely mitigate the existing
substandard street and drainage conditions and it is expressly agreed that Shea will not have any
responsibility to repair or further improve Metate Lane should such repair or further improvement
- be required by reason of the extent or design of the Metate Lane Improvements.
6. The parties shall cooperate and assist each other in their performance of this
Agreement. No party shall take any action which prevents or hinders the other party in the
performance of its obligations.
7. This Agreement shall terminate on December 31. 2001, unless it has been fUlly
performed by the parties prior to that date. in which case it will have no further force or eHact.
\
8. The prevailing party in any legal action. claim or lIl'bitration to enforce this
Agreement shall be entitled to recover its reasonable legal fees and costs.
City of Poway.
a municipal corporation
By:
Shea Homes Umited Partnership,
a California limited partnership
BY: J.F. Shea Co. Inc.,
. Nevad. corpor
Its
ca President
A..lstant Secretllry
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1112111
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Exhibit "A"
SCOPE OF THE IMPROVEMENTS
OFFSITE IMPROVEMENTS A T META TE LANE
STREET IMPROVEMENTS
0 Remove 27,400 S.F. of existing pavement and base material along the south side of Metate Lane and
replace with 4" A.C. on 10" Class II Base.
0 Install stabilization fabric (Supac 8NP) on the existing subgrade prior to installation of base material.
0 Remove up to 200 lineal feet of existing broken or damaged curb and gutter along the south side and
replace. These areas to be detennined by Poway representative.
0 Provide engineering and surveying for street design, staking. and subgrade ce"ification.
STORM DRAIN
0 Remove 40 lineal feet existing 18" C.M.P. at approximately Sta. 15+75.00 and replace with 18" R.C.P.
and tie into existing "c" inlet as necessary.
0 Concrete encase replacement 18" R.C.P. at Sta. 15+75.00
0 Install 102 lineal feet of36" R.C.P. to the south side of the intersection of Rancbo Caballo and Metate
Lane.
0 Install 36 lineal feet of 24" R.C.P. across Rancho Caballo between new inlets.
0 Install one (I) 20' type B-1 inlet at the southwest comer of Metate Lane and Rancho Caballo on
Metate Lane. .
0 Install two (2) IS' type B-1 inlets on each side of Rancho Cabollo south of the intersection. This
includes the replacement of curb &: guner necessary to install these inlets. This includes the removal of
the existing C.M.P. in the intersection except where they cross under the cross guner. A two sack sand
sluny will be used to abandon any C.M.P. that is left in place at areas of conflict.
0 Provide engineering and surveying to design, stake, and certify the stonn drain installation.
0 Remove and replace 72 lineal reet of existing 30" C.M.P. with 30" R.C.P. that crosses Metale Lane
just east of Pomeredo Road. Install one (I) A-4 cleanout in the streel at the direction change and install
24 lineal feet of 24" R.C.P. to property line at Sta.12 + 45.48 on Metate Lane and connect to existing.
'19195 Iplwordlnleslpwo_d
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Exhibit "B"
TOTAL COST OF IMPROVEMENTS
METATE LANE STORM DRAIN AND SURFACE IMPROVEMENTS
STREET IMPROVEMENTS
DESCRIPTION QUANTITY UNIT PRICE TOTAL
REMOVElREPLACE 4" AC ON 10" CII 27,400 SF 2.912 $ 79.788.80
STABILIZATION FABRIC SUPAC SNP 27,400 SF 0.217 $ 5,945.80
REMOVE! REPLACE CURB & GUTTER 200 LF 14.00 $ 2,800.00
ENGINEERING & SURVEY
TOPO & DESIGN CHANGE @ RHO CABALLO 1 LS 2,250 00 $ 2,250.00
REVISE RD. GRADES FOR FULL WIDTH 1 LS 900.00 $ 900.00
STAKING FOR FINISH ST.GRADE SO SIDE 1 LS 700.00 $ 700.00
CERTIFY SUBGRADE SO SIDE 1 LS 350.00 $ 350.00
STREET IMPROVEMENT TOTAL $ 92,734.60
STORM DRAIN IMPROVEMENTS
INSTALL 36" RCP 102 LF 90.00 $ 9,180.00
INSTALL 24" RCP ACROSS RHO CABALLO 36 LF 75.00 $ 2,700.00
INSTALL 15' TYPE B-1 INLET 2EA 4,200.00 $ 8,400.00
INSTALL 20' TYPE B-1/NLET 1 EA 4,800.00 $ 4,800.00
REMOVE EXIST. 18" CMP STA 15+ 75.00 40 LF 10.00 $ 400.00
INSTALL 18" RCP STA 15+ 75.00 40 LF 72.00 $ 2, S80. 00
18" ENCASEMENT STA 15+ 75.00 40 LF 28.00 $ 1,120.00
REMOVE, REINSTALL 30" AT WEST END METATE 72 LF 78.00 $ 5,616.00
REMOVE, REINSTALL 24" STA 12+ 45 METATE 24 LF 75.00 $ 1,800.00
INSTALL A. 4 CLEANOUT STA 12+ 45 METATE 1EA 3,000.00 $ 3,000.00
ENGINEERING & SURVEY .
STAKING @ RHO CABALLO 1 LS 750,00 $ 750.00 , -
DRAFTING & STAKING WEST END R & R 1 LS 1,100.00 $ 1,100.00
STORM DRAIN IMPROVEMENT TOTAL $ 41,746.00
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SUBTOTAL $ 134,480.60
ADMINISTRATION & OVERHEAD $ 18,201.40
GRAND TOTAL $ 152,6S2.00
5/5/85
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SHEA HOMES
10721 Treena Street. SUIte 200
San Diego. California
October 25. 1995 92131
(619) 549-3156
Mr. Javid Siminou FAX /61 9} 549.01' 2
Assistant City Engineer
City of Po way
P.O. Box 789
Poway, CA 92074
RE: Poway Oaks - Agreement Relating to Public Improvements (5/24/95)
- South Side of Metate Lane (Station II to 24+90.00)
Dear Javid:
This letter is written to memorialize our agreement concerning compensation for additional work
on the south side of Metate Lane relating to the Agreement Relating to Public Improvements,
dated May 24. 1995 ("Agreement"), between the City of Poway and Shea Homes Limited
Partnership ("Shea").
As detailed in our October 4 letter, costs beyond the original Scope of Work totaled $53,101.88
which represents additional street undercut, placement of base, movement of excess spoils, a 10'
Type B-1 inlet, geotechnical services, supervision and overhead.
In order to reach a final settlement, Shea agrees to accept the total sum of $29,500.00 as payment
in full for the additional work. Payment shall be made pursuant to the terms of the Agreement.
Please acknowledge your acceptance below and forward a copy of this letter to my attention.
We appreciate your cooperation and understanding on this issue.
Sincerely,
SHEA HOMES Agreed and Accepted:
6,,, iJ.y By:
Date:
Product Development Manager
cc: Greg Ponce - Shea Homes
Wes Popplewell- Shea Homes
land\winword\poway\siminou8.ltr
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