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05-28-2019 CC Rpt 16COUNCIL AGENDA STAFF REPORTCOUNCIL AGENDA STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS DATE: MAY 28, 2019 FROM: CITY MANAGER ITEM NO:16 SUBJECT:RETROACTIVE REIMBURSEMENT AGREEMENT WITH CHINO VALLEY UNIFIED SCHOOL DISTRICT (CVUSD) FOR DEPARTMENT OF STATE ARCHITECT (DSA) INSPECTION SERVICES AND MATERIALS TESTING SERVICES FOR THE LOS SERRANOS NEIGHBORHOOD PARK PROJECT RECOMMENDATION: 1. Authorize the execution of a retroactive reimbursement agreement with Chino Valley Unified School District (CVUSD) for Department of State Architect (DSA) Inspection Services in the amount not to exceed $45,220 and Materials Testing Services in the amount not to exceed $75,000 for the Los Serranos Neighborhood Park Project. 2. Determine the project to be exempt from review under California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et seq. ("CEQA") pursuant to Section 15301 of CEQA Guidelines. BACKGROUND/ANALYSIS: On October 16, 2016, the Board of Education approved a land use agreement with the City of Chino Hills which allowed the City to construct, maintain, and operate a public park on CVUSD property adjacent to Chaparral Elementary School located at 4849 Bird Farm Road. Per this agreement and the Department of State Architect (DSA) approved plans, some portions of this work must be inspected and approved by an assigned DSA Inspector of Record, and portions of the work must be inspected by an approved DSA certified inspection lab. The last stipulation is that the payment of these services come directly from CVUSD. Construction of the park site began on September 24, 2017. In order to provide the contractor uninterrupted inspections for ongoing work, CVUSD agreed to pay these fees pending receipt of a reimbursement agreement with the City. T.Y.R., Inc. of Costa Mesa was selected as the Inspector of Record for this project (Exhibit A), and John R. Byerly, Inc. of Bloomington was selected as the Materials Inspection Laboratory of Record (Exhibit B). Attached are copies of the signed agreements with each of these firms. Staff is requesting the execution of a retroactive reimbursement agreement with CVUSD for retroactive payments. ENVIRONMENTAL (CEQA) REVIEW: The inspection services being recommended to be reimbursed by the proposed agreement are a necessary included element of the Los Serranos Neighborhood Park project considered in the Mitigated Negative Declaration (MND) and Mitigation Monitoring Reporting Program adopted by Resolution No. 2018R-037 on June 26, 2018, by the City 149/252 Council under the California Environment Quality Act. No substantial changes have been made in the project, no substantial changes in the circumstances under which the project is being undertaken, and no new information of substantial importance to the project which was not known or could not have been known when the MND was adopted has become known. Therefore, no further environmental review is required. Further, this project has been determined to be exempt as a Class 9 Categorical Exemption of Section 15309 of Guidelines for the California Environmental Quality Act of 1970, Public Resources Code section 21000, et seq. specifically where activities limited entirely to inspections, and/or to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation or adulteration of products. FISCAL IMPACT: The total estimated cost for this project is as follows: ItemItem AmountAmount Design Contract (expended)$ 367,299 Construction Contract Amount 3,688,325 Contingencies (10%) 368,833 Project Management, Inspection and Testing 400,000 TotalTotal $4,824,457$4,824,457 Funding for the project was previously approved by the City Council as part of the Fiscal Year 2018-19 Capital Improvement Program (CIP) budget. The funds available for this project are as follows: Project No.Project No.Funding SourceFunding Source AmountAmount 800212 General Fund $ 173,000 800212 Parks & Recreation Facilities Fee 1,301,100 800212 Quimby In-Lieu Fee 1,423,000 800212 Community Facilities District No. 5 1,927,357 Total Approved FundingTotal Approved Funding $4,824,457$4,824,457 REVIEWED BY OTHERS: This item has been reviewed by the Community Services Director, the Finance Director, and the City Attorney. Respectfully Submitted,Recommended By: Attachments Reimbursement Agreement with CVUSD Exhibit A - TYR Inspector Services Agreement Exhibit B - John R. Byerly, Inc. Services Agreement 150/252 151/252 152/252 153/252 154/252 Exhibit A 155/252 156/252 157/252 158/252 159/252 160/252 161/252 162/252 163/252 164/252 165/252 166/252 167/252 168/252 169/252 170/252 171/252 Exhibit B 172/252 173/252 174/252 175/252 176/252 177/252 178/252 179/252 180/252 181/252 182/252 183/252 184/252 185/252 186/252 187/252 188/252