Contract No.:
Approval Date:
5-28-21
CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT
THE PRESERVE DEVELOPMENT IMPACT FEES PROGRAM
PINE AVENUE STREET IMPROVEMENTS
(Phase I, (Stages 1-3) & Stage 4)
This CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this __day of June 2021 (“Effective Date”), by and between CITY OF CHINO, a California municipal corporation ( “City”), and CHINO DEVELOPMENT CORPORATION, a California corporation and CHINO PRESERVE DEVELOPMENT CORPORATION, a California corporation ( collectively, “Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and jointly as “Parties”.
RECITALS
A. Developer and the City desire to cooperate and jointly participate in the construction of certain public improvements required by the City in connection with development projects along the Pine Avenue corridor.
B. Master Site Approval (PL13-0648) and Tentative Tract Map 18480 (PL13-0834) as presented by Developer, consists of approximately 72.8 gross acres for 600 residential units in the Medium Density Residential and Low Density Residential land use designations of The Preserve Specific Plan (“Harvest Project”) as shown on the Location Map attached hereto as Exhibit A.
C. Developer’s application for Master Site Approval (PL19 -0071), Tentative Tract Map No. 20326 (PL20-0007) and Parcel Map No. 20313 (PL20-0018) was approved by Planning Commission on April 5, 20 21, for architecture, site planning, and site specific landscape within the development project. The development project encompasses approximately 38.87 acres for commercial, vertical mixed use and high density residential development within the Community Core 16 and High Density Residential 16 land use designations in The Preserve Specific Plan (“Town Center at The Preserve Project”) as shown on the Location Map attached hereto as Exhibit A-1.
D. Developer has requested from City certain entitlements and/or permits for the Harvest Project, and City has granted the entitlements and/or permits subject to certain Conditions of Approval (“COA”) requiring the design and construction of Phase I (Stages 1-3) Pine Avenue Improvements (“Phase I Improvements”), as described in the DIF Eligible Public Improvements Summary attached hereto as Exhibit B.
2022-029
6/15/2021 #4
15th
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E. Additionally, the COA for said Town Center at The Preserve requires the design and construction of certain other Pine Avenue Improvements which include, but are not limited to, sidewalk, pavement rehabilitation, streetlights, utility undergrounding and relocations, temporary and phased infrastructure, temporary storm drainage, and street widening to provide two westbound through lanes, a 14’ wide landscape median, three eastbound lanes and south side parkway from the westerly tract 16420 -3 boundary to Harvest Way/Homecoming Drive (“Stage 4 Improvements”) as described in the DIF Eligible Public Improvements Summary attached hereto as Exhibit B. The Phase I Improvements and the Stage 4 Improvements, including, without limitation, if constructed, the Town Center Project Alternative Public Improvements (define d in Section 2 below) are described in the Nexus Report (defined below) and are collectively referred to herein as the “Public Improvements”).
F. Falloncrest at The Preserve (an adjacent development to the Development Project) is currently under review for its Master Site Approval and Tentative Tract Maps Nos. 20312 -1, 2 & 3 (“Falloncrest”).
G. The COA for Falloncrest shall include the same condition requiring the design and construction of certain other Pine Avenue Improvements and , if not previously provided, the irrevocable dedication to the City of required right of way to complete such improvements (the “Falloncrest ROW”). The Falloncrest ROW is legally described on Exhibit C and depicted on the plat attached hereto as Exhibit C-1.
H. City has requested that, fo r efficiency purposes and to avoid future disruptions to area residents and visitors and impact to the Public Improvements (defined below), Developer construct those certain Stage 4 public improvements adjacent to Falloncrest and within the Falloncrest ROW (“Falloncrest ROW Improvements”) in conjunction with Developer’s Town Center at The Preserve Project. Developer is conditioned to construct such Falloncrest ROW Improvements and including them in the Stage 4 Improvements. Developer wishes to assure it is not delayed in its construction of the Town Center at The Preserve Project and is promptly reimbursed by City for all additional costs in connection with the design and construction of the Stage 4 Improvements.
I. The COA also require the Developer to pay Development Impact Fees (“ DIFs”), as established in Chapter 3.45 of the Chino Municipal Code (“ DIF Ordinance”). The DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City’s general plan, various facility master plans, capital improvement plans, and the nexus reports described in the DIF Ordinance (“Nexus Report”).
J. More specifically, the COA for the Harvest project requires the Developer to design and construct the Phase I Improvements and COA 1.15 for the Town Center at The Preserve Project requires the Developer to design and construct the Stage 4 Improvements (“Public Improvements”).
K. Developer has substantially completed the design and construction of Stages 1 and 2 of the said Public Improvements and, at the City’s request, has deferred construction of Stage 3 of said Public Improvements. Developer now intends to commence construction of Stage 3 of said Public Improvements when permitted by the City and the design and co nstruction of Stage 4 of said Public Improvements immediately subsequent to the execution of this Agreement.
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L. The DIF Ordinance provides that if, as a COA of a development project, a developer constructs a public facility identified in the Nexus Report, for which a development impact fee is imposed, Developer shall be eligible to receive a fee credit /reimbursement toward the DIFs imposed on the project for the same type of public facility so constructed, and shall be entitled to credit/reimbursement for eligible costs of constructing the public facility, provided that developer complies with the requirements of the DIF Ordinance as it may be amended from time to time . The DIF Ordinance specifically requires that the d eveloper and City enter into a credit/reimbursement agreement.
M. Subject to the terms and provisions of this Agreement, Developer agrees to furnish all equipment and material necessary to perform and complete in a good and workmanlike manner, the Public Improvements and to advertise, publicly bid, and award a contract for construction of the Public Improvements in accordance with Public Contract Code and comply with all applicable provisions of California law, including but not limited to the prevailing wage provisions contained in the Labor Code; and
N. Developer and City desire to memorialize herein Developer’s right to the highest priority reimbursement of funds from the Preserve DIF Circulation (Streets, Signals and Bridges) System Fund or a fee credit to transportation and Circulation (Streets, Signals and Bridges) System DIFs (“The Preserve DIF Circulation Fees”) in consideration of the construction of the Public Improvements.
O. City and Developer desire to enter into this Agreement for the following purposes:
(i) to provide for the timely construction and completion of the Public Improvements; (ii) to ensure that Developer’s development of the Town Center at The Preserve Project is not delayed as a result of the inclusion of the Falloncrest ROW Improvements in the Stage 4 Improvements, (iii) to ensure that construction of the Public Improvements is undertaken in accordance with the Plans and Specifications (defined below) , and the laws and ordinances pertaining to the construction of Public Improvements, ( iv) to provide the methodology for establishing and reimbursing to Developer the reimbursement amount which Developer shall be entitled after completion of the Public Improvements, and (v) to establish the requirements for Developer’s transfer or application of all or any portion of such credits to a third party.
NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:
AGREEMENT:
1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2. Construction of Falloncrest ROW Improvements . Provided that (i) the owners of Falloncrest have irrevocably dedicated to the City, at no cost to Developer, the Falloncrest ROW as of May 5, 2021, (ii) the City or owners of Falloncrest, at no cost to Developer , have cleared, and caused the applicable utility companies to relocate the impacted utilities within the Falloncrest ROW of those certain obstructions designated to be removed by the owners of Falloncrest in Exhibit D attached hereto and depicted in Exhibit D-1 by July 5, 2021, subject to the ten (10) working days cure period below and (iii) the City has DIFs on deposit in its Circulation (Streets,
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Signals and Bridges) System DIF Fund in the amount of $2,939,694.98, which are readily available and reserved exclusively to reimburse Developer for the design, construction, maintenance and warranty of the Falloncrest ROW Improvements (“Conditions Precedent”), then Developer shall construct or have constructed the Falloncrest ROW Improvements , including the removal of the remainder of the obstructions within the Falloncrest ROW designated to be part of the scope of work for the Falloncrest ROW Improvements on Exhibits D and Exhibit D-1, in accordance with the COA, the approved plans and specifications for the Falloncrest ROW Improvements and other Public Improvements (“Plans and Specifications ”) and the provisions of this Agreement.
Provided Developer submits the Plans and Specifications by June 4, 2021 and provided further that Developer is not the cause of any delays, City agrees to expedite review and approval of the Plans and Specifications such that the first plan check review and comments by the City shall be completed within fifteen (15) working days and subsequent review and plan check comments of the Plans and Specifications shall be completed within ten (10) working days of Developer’s submission of City-requested corrections, with a goal of having the final Plans and Specifications ready to allow bidding of the project by August 31, 2021. Once the Plans and Specifications are approved, Developer shall not be obligated to make any revisions or modifications to the Plans and Specifications or the Falloncrest ROW Improvements arising from or relating to new or different Americans with Dis abilities Act requirements and any and all such revisions and modifications shall be the responsibility of the City and/or Falloncrest. Should the Conditions Precedent fail to occur by the times set forth herein, Developer shall provide City written notice and an opportunity for City to cure such delay. If City fails to cure such failure of any Conditions Precedent within ten (10) days of such notice, then without any further action by the City, including its Planning Commission: (a) Developer shall be relieved of the obligation to perform the Falloncrest ROW Improvements, (b) Developer may proceed to construct the alternative Pine Avenue improvements within the existing Pine Avenue pavement area, without the requirement of obtaining any right of way or easement from the owners of Falloncrest or any other property owners to the north, as set forth in Exhibit E attached hereto (“Town Center Project Alternative Public Improvements”), (c) the COA relating to the acquisition of the Falloncrest ROW and the design and construction of the Falloncrest ROW Improvements (i.e., Development Engineering Division COA 1.3, 1.15, 2.8, 2.8.a, and 2.11.c to t he extent relating to Pine Avenue) shall be conclusively deemed to be terminated, waived and be of no further force or effect , and (d) City will expressly waive any and all rights under Government Code (“GC”) Section 66462.5 (and any related GC sections) to thereafter require Developer to acquire the Falloncrest ROW or, after City may acquire the Falloncrest ROW, to design or construct the Falloncrest ROW Improvements at any time in the future. Under no circumstances shall Developer be required to pay the owners of Falloncrest for the irrevocable dedication of the Falloncrest ROW , easements or the removal of the obstructions therein. If the Conditions Precedent fail then, provided Developer is not the cause of any delays, the City shall expedite the review and approval of the plans and specifications of the Town Center Project Alternative Public Improvements to allow for the bidding of the Town Center Project Alternative Public Improvements such that the first plan check by the City shall be completed within fifteen (15) working days and subsequent review and plan check comments of the Plans and Specifications shall be completed within ten (10) working days of Developer’s submission of City-requested corrections.
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3. Preserve DIF Credit/Reimbursement.
i. DIF Ordinance Reimbursement or Credit Amount . The City Engineer has determined that the total cost of the Public Improvements that are eligible for credit or reimbursement pursuant to CMC Chapters 3.45 is “estimated” to be Ten Million Eight Hundred Forty -Nine Thousand Three Hundred Twenty -Eight dollars ($10,849,328) for Phase I, (Stages 1-3) (“Phase I, (Stages 1-3) DIF Cost”) and Five Million Eight Hundred Fifty Five Thousand Six Hundred Forty Three Dollars ($5,855,643)) for Stage 4 (“Stage 4 DIF Cost”) for a total DIF Cost of Sixteen Million Seven Hundred Five Thousand Two Hundred Sixty -Eight Dollars ($16,705,268) (“Total DIF Cost”), as more particularly set forth in the DIF Eligible Public Improvements Summary attached hereto as Exhibit B. The foregoing estimate of the Total DIF Cost shall be subject to adjustment based on the final accepted and approved "as -built plans" and specifications and the review of actual cost documentation by the City Engineer pursuant to the DIF Ordinance. ii. City Engineer’s Approval. Upon substantial completion and the opening to public traffic of the road or upon the final acceptance of any individual stage of the Public Improvements, including the Town Center Project Alternative Public Improvements , the Developer shall submit to City Engineer such information as City Engineer may require to calculate the total actual costs incurred by Developer to construct such stage of the Public Improvements (“Actual Costs”). Developer shall be reimbursed for the Actual Costs that Developer incurs to construct the Public Improvements pursuant to the DIF Ordinance as set forth in the DIF Eligible Public Improvement Summary attached hereto as Exhibit B.
Such Actual Costs shall include soft costs incurred and, in connection with the Public Improvements, such soft costs shall include those in excess of fifteen percent (15%) , irrespective of any City policy limiting soft costs ; provided the soft costs are generally consistent with those outlined in the approved detailed cost estimate of the Public Improvements at Exhibit B and provided further that the interim storm drain improvements shall only be included if deemed required by the Parties. The determination of approved Actual Costs shall be in City Engineer’s reasonable discretion. For avoidance of doubt, in the event that the Actual Costs exceed the estimated costs set forth in Exhibit B through no fault of Developer, Developer shall be entitled to be reimbursed such Actual Costs. iii. Project Credits.
Of the Phase I, (Stages 1-3) DIF Cost, as of March 1, 2021, Five Million Three Hundred Four Thousand One Hundred Thirty -Four dollars ($5,304,134.00) (“Harvest Project Credits”) has been used by Developer as a project credit against The Preserve DIF Circulation Fees otherwise due and payable with respect to Developer’s Harvest Project.
An amount equal to the Phase I, (Stages 1 -3) DIF Cost, less the Harvest Project Credits, remains to be returned to Developer as a priority reimbursement and/or as a project credit against Preserve DIF Circulation Fees otherwise due and payable by Developer anywhere within the Lewis Property. Whenever Developer elects to use all or any portion of th e remaining amount as a project credit against Preserve DIF Circulation Fees otherwise due and payable within Lewis Property, Developer shall provide written notice to the City of the amount to be applied from time to time and the portion of the Lewis Property for which the project credit will be used and the assignee, if applicable, of such remaining amount.
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Under no circumstances shall Developer and/or its assignees receive priority reimbursement payments and project credit in connection the Phase I Improvements that, in total, exceed the Actual Phase I, (Stages 1-3) DIF Cost.
Of the Stage 4 DIF Cost, Developer or any assignee, at their sole election, pursuant to Section 7 below shall have the right to use the Stage 4 DIF Cost as a project credit against The Preserve DIF Circulation Fees otherwise due and payable with respect to Developer’s Master Site Approval (PL19-0071) pursuant to the DIF Ordinance as more particularly set forth in Exhibit F titled “Project Credit/Reimbursement Summary” attached hereto and made a part hereof.
iv. Reimbursement.
Phase I, (Stages 1-3) Reimbursement. An amount equal to the Phase I, (Stages 1-3) DIF Cost, as ultimately determined by the City Engineer, less the Harvest Project Credits remains to be returned to Developer as a priority reimbursement (“Phase I, (Stages 1-3) Remaining Amount ”). The Phase I, (Stages 1 -3) Remaining Amount shall be returned to Developer as a reimbursement due and payable by City to Developer in the amounts based on available Preserve DIF Circulation Fees balances, as calculated by City’s Development Services Director, in cash commencing when the Phase I Improvements are substantially complete and opened for public use and annually thereafter until fully paid.
Stage 4 Reimbursement. An amount equal to the Total DIF Cost for Stage 4 or, alternatively, the Town Center Project Alternative Public Improvements , as ultimately determined by the City Engineer, less the future project credit for Master Site Approval Pl19-0071 remains to be returned to Developer as a priority reimbursement (“Stage 4 Remaining Amount”). The Stage 4 Remaining Amount shall be returned to Developer as a reimbursement due and payable by City to Developer as more particularly set forth below. Developer shall submit to City ’s project manager in the Engineering Division quarterly progress invoices for costs incurred by Developer in connection with the Falloncrest ROW Improvements, which shall include Exhibit H titled “Submittal Checklist”. All submittals shall be in accordance with the information required per the City’s Bidding and Contrac t Requirements for Public Improvements included in the Development Impact Fee Nexus and Calculation Report and correlating Master Facilities Plan.
City shall, within ten (10) days after the submittal of such invoice, review and approve or deliver to Developer a request for revisions to such invoice along with a detailed explanation of the reasons for such request for revision; provided that the City may extend this review period for a period not to exceed an additional ten (10) days if more time is reasonably needed in light of the submittal . In the event of the delivery by City to Developer of a request for revision, Developer, City, Construction Manager and the applicable contractor shall then promptly cooperate to revise and resubmit such invoice, as appropriate and City shall, then, within five (5) days after the resubmittal of such invoice, review and approve or deliver to Developer an additional request for revisions to such invoice along with a detailed explanation of the reasons for such request for revision. Such process shall continue until the invoice is approved by the City and, thereafter, the City
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shall provide payment to Developer within five (5) days after such approval. To the extent that the costs allocable to the Falloncrest ROW Improv ements are not readily discernable in any invoice submitted to Developer, the Construction Manager shall determine the appropriate allocation of such costs based upon the ratio of the construction costs applicable to the Falloncrest ROW Improvements to the total construction costs of the Stage 4 Improvements. City’s review of invoices hereunder shall be conducted in good faith and City’s approval shall not be unreasonably withheld, conditioned or delayed.
Notwithstanding the foregoing, Developer or any assignee pursuant to Section 7 below, in their sole election and without City approval, shall have the right, but not the obligation, to use all or any portion of the Phase I, (Stages 1-3) Remaining Amount and/or the Stage 4 Remaining Amount as a project credit toward any properties within the Preserve Specific Plan area owned by either entity constituting the Developer herein .
Accordingly, if elected by Developer or any assignee pursuant to Section 7 below, The Preserve DIF Circulation Fees may be partially or entirely offset by the Phase I, (Stages 1- 3) Remaining Amount and the Phase Stage 4 Remaining Amount per the provisions of Section 3(iii) above.
v. Annual Reconciliation. Once each year, commencing February 1, 2022 and each February 1st thereafter (or the next business day if February 1 falls on a weekend or state or national holiday), City and Developer representatives shall meet for the purpose of ascertaining the amount of the reimbursement paid by C ity to the D eveloper from The Preserve DIF Circulation Fees collected from properties in the Preserve during the prior calendar year and the amount of project credit taken by Developer (or any assignee) against its obligation to pay The Preserve DIF Circulation Fees for its development of any portion of the Project. C ity and Developer shall prepare a document that reconciles the C ity’s reimbursement payment amount to Developer (or any assignee), if any, and project credit amount taken by the Developer (or any assignee), if any, attributable to the prior calendar year that shall be signed by said representatives. When so signed, said reconciliation document shall constitute a revision of Remaining Amount then remaining and it shall be binding on the Parties.
vi. Failure of Conditions Precedent . If the Conditions Precedent described in Section 2 are not satisfied in a timely manner , including the cure period set forth therein , and Developer constructs the Town Center Project Alternative Public Improvements as set forth on Exhibit E, as a covenant that shall survive the termination of this Agreement, the City shall reimburse to Developer or give to Developer Street DIF credits in the amount of all soft costs incurred by Developer in connection with the Falloncrest ROW Improvements.
vii. Reservation of DIFs for Reimbursement of Fallo ncrest ROW Improvements. City agrees to specifically and exclusively reserve and earmark funds held in its Circulation (Streets, Signals and Bridges) System DIF Fund in the amount of $2,939,694.98 for the cash reimbursement to Developer for the Actual Costs incurred by Developer in connection with the Falloncrest ROW Improvements. Notwithstanding the foregoing, in the event that, upon the award of a contract for construction of the Falloncrest ROW Improvements it is determined that the costs of the Falloncrest ROW Improvements will be more or less than the Engineering Cost Estimate attached h ereto as Exhibit B, the
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above amount to be reserved and earmarked by the City shall be reduced or increased accordingly.
4. Acceptance of Improvements . Developer shall give notice t o City when the construction of any stage of the Phase I Improvements (i.e., Stages 1, 2, and/or 3 thereof), the Stage 4 Improvements and/or the Town Center Project Alternative Public Improvements, is complete.
Within twenty (20) days after City receives each such notice, City shall inspect and deliver to Developer a punch list of modifications or corrections to bring such Public Improvements into conformity with the Plans and Specifications, including any approved revisions thereto. Developer or Developer’s contractors shall make all such modifications and cor rections requested by City Engineer and all such additional costs shall be added to the Actual Costs at the sole discretion of the City Engineer. Subsequent inspections shall occur within t en (10) days of such request until such time as the City Engineer deems such Public Improvements acceptable, at which time the City Engineer shall schedule and present to City Council for acceptance of such Public Improvements. The Public Improvements shall be the sole property of C ity upon the final acceptance by the City Council. Developer’s Warranty Bond shall remain in effect for one -year from the final acceptance date by the City Council of each stage of the Public Improvements. For avoidance of doubt, such notice, inspection and acceptance may be made individually or collectively for one or more stages of the Phase I Public Improvements, the Stage 4 Improvements and/or the Town Center Project Alternative Public Improvements.
5. Indemnity. Developer, to the fullest extent permitted by law, shall indemnify, defend, and hold the City and its elected and appointed officials, agents, employees, and authorized volunteers harmless from and against any and all actions, suits, claims, liabilities, losses, damages, penalties, obligations, and expenses (inc luding but not limited to attorneys’ fees, expert witness fees, and court costs) (“Claims”) that arise, directly or indirectly, from Developer’s negligence or willful misconduct in the design and/or construction of the public i mprovements; provided, however, the foregoing indemnity provision shall only apply to Claims which are tendered by the City to Developer by written notice delivered within one -year from the date on which the public improvements are substantially complete and open for public use and shall survive the termination of this Agreement for the remainder of that one -year period to the extent applicable . This indemnification excludes such portion of any Claim to the extent caused by the negligence or willful misconduct of City, as determined by a court or administrative body of competent jurisdiction, and shall also expressly excludes injury or damage suffered by the public after the improvements are substantially complete and open for public use. It is understood that the duty to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. For avoidance of doubt, the foregoing indemnify, defense and hold harmless obligations of developer shall not apply to any Claims which are tendered by the City to Developer by written notice delivered after the date which is one -year from the date on which the public improvements are substantially complete and open for public use.
6. Maintenance. City agrees that City shall be responsible for the maintenance costs associated with the Falloncrest ROW Improvements, including the prorated share of the landscape median islands, which shall be included in the estimated c osts and Actual Costs for the cost to maintain landscaping and street lighting in th e median island, in an amount reasonably approved by the City’s Development Services Director, until acceptance by the City and City shall condition
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the approval of Falloncrest on Falloncrest paying the maintenance costs of the Falloncrest ROW Improvements, including the prorated share of the landscape median islands, in perpetuity.
Developer will have the Preserve Master Maintenance Corporation (“PMMC”) perform the maintenance of the Stage 4 Improvements after acceptance by the City. City agrees to set a side $30,000 as the reasonable estimated amount of the Falloncrest ROW Improvements prorata share of the maintenance costs (which includes administrative costs, reserves and insurance in addition to utilities and landscape maintenance) for three (3) years; provided, however, such amount shall be adjusted and any overpayment credited against, or underpayment added to, the following years’ payment obligation based on actual Falloncrest ROW Improvements prorata maintenance costs incurred for any given year. Payment of the Falloncrest prorata share of the maintenance costs shall be through a maintenance association or other applicable vehicle established by Falloncrest with City approval for the payment of same . Until such time that Falloncrest’s prorat a share of maintenance costs is fully funded by such maintenance association or other applicable vehicle, City agrees to fund the Falloncrest ROW prorata share of the maintenance costs on a quarterly basis upon receipt of invoices from the PMMC.
7. Assignment. Developer may assign this Agreement to a third party subject to the approval of City’s Director of Development Services in his reasonable discretion. If Developer desires to assign this Agreement, Developer shall provide detailed information as to the proposed assignee as requested by City . Notwithstanding anything in this Agreement to the contrary , Developer may assign its rights to all or a portion of the Remaining Amount to one or more subsequent owners of all or any portion of the Project, on the form set forth in Exhibit G attached hereto and made a part hereof.
8. Relationship between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or a gency between City and Developer. Developer’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
9. Authority to Enter Agreement. Each person executing this Agreement on behalf of Developer represents and warrants that he or she has the legal power, right and authority to execute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.
10. Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other P arty or any person shall be in writing and either served personally, communicated electronic mail (with a receipt requested) , or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, fax or email receipt, or forty -eight (48) hours from the time of mailing if mailed as provided in this Section:
To City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Nicholas S. Liguori, AICP
Director of Development Services
Email: [email protected]
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With Copy to: Aleshire & Wynder, LLP
188881 Von Karman Avenue,
Suite 1700
Irvine, CA 92612
Attn: Fred Galante, Esq.
Email: [email protected]
To Developer: Chino Development Corporation
1156 N. Mountain Avenue
Upland, CA 91786
Attn: Mr. .Bryan T. Goodman
Chino Preserve Development
Corporation
1156 N. Mountain Avenue
Upland, CA 91786
Attn: Mr. Bryan T. Goodman
With a copy to:
Lewis Management Corporation
1156 N. Mountain Avenue
Upland, CA 91786
Attn: General Counsel
11. Cooperation; Further Acts . The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
12. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and executed by both Parties.
13. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any con tractual right by custom, estoppel, or otherwise.
13. Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation, provided that nothing herein shall limit Developer's rights as set forth i n Section 5 above.
14. No Third-Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties.
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15. Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
16. Governing Law; Consent to Jurisdiction and Venue . This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.
17. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
18. City Officers and Employees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successor(s) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or any successor(s) in interest in the event of any default or br each by Developer or for any amount that may become due to City or their successors in interest or for breach of any obligation of the terms of this Agreement.
19. Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.
20. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A
Exhibit A-1
Location Map Harvest Project
Location Map Town Center at The Preserve Project
Exhibit B DIF Eligible Public Improvements Summary
Exhibit C
Exhibit C-1
Exhibit D
Exhibit D-1
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Legal Description Falloncrest ROW
Plat of Falloncrest ROW
List of Obstructions
Map Depicting Obstructions
Town Center Project Alternative Public Improvements
Project Credit/Reimbursement Summary
Form of Assignment
Submittal Checklist
SIGNATURE PAGE FOLLOWS
01225.0005/716235.4
EXHIBIT A
LOCATION MAP
HARVEST PROJECT
01225.0005/716235.4
01225.0005/716235.4
EXHIBIT B
DIF ELIGIBLE PUBLIC IMPROVEMENTS SUMMARY
PHASE I (STAGES 1-3) $10,849,625
$
10,849,625
STAGE 4
Falloncrest ROW Improvements – (North
of CL) $2,939,695
Town Center at The Preserve
Improvements (South of CL) $2,915,948
TOTAL STAGE 4 Estimate $5,855,643 $5,855,643
TOTAL DIF ELIGIBLE PUBLIC
IMPROVEMENTS $16,705,268
See attached detailed cost estimates for each project
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit
Price
Total Cost
Per Item
STREETS
4 EA Adjust Sewer Manhole to Grade $ 950.00 $ 3,800.00
EA Adjust Sewer Cleanout to Grade $ 500.00 $ -
12 EA Adjust Water Valve and Can to Grade $ 525.00 $ 6,300.00 2 EA Relocate Fire Hydrant $ 4,000.00 $ 8,000.00
1 EA Relocate Air Vac $ 1,500.00 $ 1,500.00
EA Street Light (City Owner) $ 7,700.00 $ -
EA Electrical Pedestal $ 6,500.00 $ -
EA Lot Monument Setting Fee $ 550.00 $ -
2290 LF Sawcut A.C. $ 3.00 $ 6,870.00
LF Sawcut Concrete $ 3.00 $ -
7920 SF Cold Plane A.C. 2" Thick $ 0.28 $ 2,217.60
LF Signing & Striping for
3240 LF Arterial $ 19.00 $ 61,560.00
Collector $ 13.00 $ -
Local $ 7.00 $ -
2 EA Traffic Signal North Half only (8 - Phase Controller) $ 175,000.00 $ 350,000.00 EA Modify existing Traffic Signal per Quadrant $ 75,000.00 $ - LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal of
Existing Fence)
$ 25.00 $ -
6 foot School fence (Add $9.00/LF for Removal
ofExisting Fence)
$ 35.00 $ -
EA Utility Poles
Transmission $ 11,500.00 $ -
Distribution $ 8,000.00 $ -
Service $ 3,000.00 $ -
EngCostEstimate Page 1 of 11 Effective Date: January 1, 2021
RESOLUTION NO 2020-080
01225.0005/716235.4
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit
Price
Total Cost
Per Item
STREETS
4 EA Adjust Sewer Manhole to Grade $ 950.00 $ 3,800.00
EA Adjust Sewer Cleanout to Grade $ 500.00 $ -
12 EA Adjust Water Valve and Can to Grade $ 525.00 $ 6,300.00 2 EA Relocate Fire Hydrant $ 4,000.00 $ 8,000.00
1 EA Relocate Air Vac $ 1,500.00 $ 1,500.00
EA Street Light (City Owner) $ 7,700.00 $ -
EA Electrical Pedestal $ 6,500.00 $ -
EA Lot Monument Setting Fee $ 550.00 $ -
2290 LF Sawcut A.C. $ 3.00 $ 6,870.00
LF Sawcut Concrete $ 3.00 $ -
7920 SF Cold Plane A.C. 2" Thick $ 0.28 $ 2,217.60
LF Signing & Striping for
3240 LF Arterial $ 19.00 $ 61,560.00
Collector $ 13.00 $ -
Local $ 7.00 $ -
2 EA Traffic Signal North Half only (8 - Phase Controller) $ 175,000.00 $ 350,000.00 EA Modify existing Traffic Signal per Quadrant $ 75,000.00 $ - LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for
Removal of Existing Fence)
$ 25.00 $ -
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence)
$ 35.00 $ -
EA Utility Poles
Transmission $ 11,500.00 $ -
Distribution $ 8,000.00 $ -
Service $ 3,000.00 $ -
EngCostEstimate Page 2 of 11 Effective Date: January 1, 2021
RESOLUTION NO 2020-080
01225.0005/716235.4
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item
STREETS
8325 SF Half Median Landscape (Including shrubs,
Hardscape, Irrigation, Ground Cover, Lighting,
Installation Labor and Connection to Existing
Systems)
$ 15.00 $ 124,875.00
LF 14 foot Median with Landscape, Irrigation,
Lighting, Hardscape, Curb, Gutter &
Pavement
$ 300.00 $ -
Rail Road Crossing
LS Safety Equipment (Complete Including
Crossing Gates, Signs, and Lights)
$ 500,000.00 $ -
SF Track Crossing (Concrete) $ 175.00 $ -
SF Approach $ 4.00 $ -
EA S.W. Ramps (A.D.A. Compliant) $ 4,000.00 $ -
EA Traffic Signal Loops $ 600.00 $ -
2 EA Relocate Elec PB $ 2,500.00 $ 5,000.00
4 EA Relocate TS PB $ 4,000.00 $ 16,000.00
30 LF Guardrail $ 200.00 $ 6,000.00
SF Reconstruct Existing Driveway $ 8.00 $ -
STREETS
STREET SUBTOTAL $ 1,425,691.30
LS Mobilization (5% of Construction Cost) 5% $ 71,284.57 LS Traffic Control (10% of Construction Cost) 10% $ 142,569.13 LS Clear & Grub Site (5% of Construction Cost) 5% $ 71,284.57 LS Excavation (Clean Material) (5% of Construction
Cost)
5% $ 71,284.57
GRAND TOTAL STREETS ONLY $ 1,782,114.13
EngCostEstimate Page 3 of 11 Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit
Price
Total Cost
Per Item
WATER
LF Trench Support/Shoring (6 foot depth) $ 15.00 $ -
CY Pipe Bedding & Compaction (Imported) $ 90.00 $ -
LF 6" Pipe & Fittings Installed, including
excavation, bedding, backfill and pavement
restoration
$ 80.00 $ -
73 LF 8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration.
$ 100.00 $ 7,300.00
42 LF 12" Pipe & Fittings Installed, including
excavation, bedding, backfill and pavement
restoration
$ 135.00 $ 5,670.00
LF 18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration
$ 175.00 $ -
LF Removal, Disposal of ACP and Backfill $ 150.00 $ -
EA 6" Gate Valve $ 2,000.00 $ -
EA 8" Gate Valve $ 2,600.00 $ -
EA 12" Gate Valve $ 4,500.00 $ -
EA 18" Gate Valve $ 7,500.00 $ -
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ -
EA Blow-off Assembly 4" per City Std. $ 8,600.00 $ -
EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $ -
WATER
WATER SUBTOTAL $ 12,970.00
LS Mobilization (5% of Construction Cost) 5% $ 648.50
LS Traffic Control (5% of Construction Cost) 5% $ 648.50 GRAND TOTAL WATER ONLY $ 14,267.00
EngCostEstimate Page 4 of 11 Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost Per Item
RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) $ 15.00 $ -
CY Pipe Bedding (Imported) $ 90.00 $ -
LF 6" Pipe & Fittings Installed, including
excavation, bedding, backfill and pavement
restoration
$ 80.00 $ -
LF 8" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration.
$ 100.00 $ -
LF 12" Pipe & Fittings Installed, including
excavation, bedding, backfill and pavement
restoration
$ 135.00 $ -
LF 18" Pipe & Fittings Installed, including
excavation, bedding, backfill and pavement
restoration
$ 175.00 $ -
EA 6" Gate Valve $ 2,000.00 $ -
EA 8" Gate Valve $ 2,600.00 $ -
EA 12" Gate Valve $ 4,500.00 $ -
EA 18" Gate Valve $ 7,500.00 $ -
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ -
EA Blow-off Assembly 5" per City Std. $ 8,600.00 $ -
EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
2 EA 2" Water Service/Meter $ 4,500.00 $ 9,000.00
1 EA 4" City Service Main (off IEUA 30" Main) $ 5,000.00 $ 5,000.00 2 EA 2" Backflow Device $ 1,500.00 $ 3,000.00
RECYCLED WATER
RECYCLED WATER SUBTOTAL $ 17,000.00
LS Mobilization (5% of Construction Cost) 5% $ 850.00
LS Traffic Control (5% of Construction Cost) 5% $ 850.00 GRAND TOTAL RECYCLED WATER ONLY $ 18,700.00
EngCostEstimate Page 5 of 11 Effective Date: January 1, 202
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost Per Item
SEWER
LF Trench Support/Shoring $ 15.00 $ -
LF 4" V.C.P Installed, including excavation, bedding,
backfill and pavement restoration
$75.00 $ -
85 LF 8" V.C.P Installed, including excavation, bedding, backfill and pavement restoration
$93.00 $ 7,905.00
40 LF 10" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$103.00 $ 4,120.00
LF 12" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$123.00 $ -
LF 15" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$143.00 $ -
LF 18" V.C.P. Installed, including excavation,
bedding, backfil land pavement restoration
$163.00 $ -
LF 21" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$193.00 $ -
LF 24" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$208.00 $ -
EA Sewer Saddle $450.00 $ -
EA Wyes 4" x 8" Typical $225.00 $ -
EA 48" Sewer Manhole $4,700.00 $ -
EA 60" Sewer Manhole $7,500.00 $ -
EA Sewer Cleanout $1,800.00 $ -
SEWER
SEWER SUBTOTAL $ 12,025.00
LS Mobilization (5% of Construction Cost) 5% $ 601.25
LS Traffic Control (5% of Construction Cost) 5% $ 601.25 GRAND TOTAL SEWER ONLY $ 13,227.50
EngCostEstimate Page 6 of 11 Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item
STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) $ 230.00 $ -
LF 27" x 43" C.M.P.A (10 Gauge) $ 250.00 $ -
EA Storm Drain Manhole #1 $ 10,000.00 $ -
EA Junction Structure #2 (24" or larger) $ 8,850.00 $ - EA Junction Structure #4 (24" or smaller) $ 4,000.00 $ - EA Outlet Structure $ 7,000.00 $ -
EA 18"x18" Brooks Catch Basin with Grated Inlet $ 1,250.00 $ - EA Catch Basin 3.5' Width $ 7,200.00 $ -
EA Catch Basin 7' Width/L.D. $ 7,900.00 $ -
EA Catch Basin 10' Width/L.D. $ 9,950.00 $ -
EA Catch Basin 14' Width/L.D. $ 11,000.00 $ -
EA Catch Basin 21' Width/L.D. $ 13,000.00 $ -
LF 18 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 200.00 $ -
LF 24 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 240.00 $ -
LF 27 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 260.00 $ -
LF 30 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 280.00 $ -
LF 33 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 295.00 $ -
LF 36 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 310.00 $ -
LF 39 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 320.00 $ -
LF 42 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 330.00 $ -
LF 45 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 360.00 $ -
LF 48 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 385.00 $ -
LF 54 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 440.00 $ -
LF 60 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 500.00 $ -
EngCostEstimate Page 7 of 11 Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost Per
Item
STORM DRAIN
LF 66 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 560.00 $ -
LF 72 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 625.00 $ -
LF 78 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 690.00 $ -
LF 84 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 765.00 $ -
LF 90 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 830.00 $ -
LF 96 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 920.00 $ -
LF 102 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,000.00 $ -
LF 108 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,075.00 $ -
LF 7' x 3' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 650.00 $ -
LF 7' x 6' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 700.00 $ -
LF 7' x 8.5' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 820.00 $ -
LF 7' x 9.5' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 870.00 $ -
LF 8' x 11' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,000.00 $ -
LF 8' x 13' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,100.00 $ -
LF 9' x 9' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,000.00 $ -
LF 9' x 12' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,100.00 $ -
LF 4' x 6' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 680.00 $ -
EA Brick and Mortar Plug $ 1,800.00 $ -
2300 LF 18" HDPE or PVC $ 75.00 $ 172,500.00
6 EA Drop Inlets $ 1,200.00 $ 7,200.00
LF Vegetated Drainage Swale $ 150.00 $ -
LF Remove Existing Twin 24" HDPE $ 30.00 $ -
STORM DRAIN
STORM DRAIN SUBTOTAL $ 179,700.00
LS Mobilization (5% of Construction Cost) 5% $ 8,985.00 LS Traffic Control (5% of Construction Cost) 5% $ 8,985.00 GRAND TOTAL STORM DRAIN ONLY $ 197,670.00
EngCostEstimate Page 8 of 11 Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost Per
Item
DIRECT COSTS GRAND TOTAL STREETS ONLY $ 1,782,114.13
GRAND TOTAL WATER ONLY $ 14,267.00
GRAND TOTAL RECYCLED WATER ONLY $ 18,700.00
GRAND TOTAL SEWER ONLY $ 13,227.50
GRAND TOTAL STORM DRAIN ONLY $ 197,670.00
GRAND TOTAL (FOR PLAN CHECK &
INSPECTION FEE DETERMINATION)
$ 2,025,978.63
PROJECT
ADDITIVES
Project Contingencies 15% $ 303,896.79
Bond/Insurance 1% $ 20,259.79
Design Fees 10% $ 202,597.86
Construction management 4% $ 81,039.15
Construction Staking 6% $ 121,558.72
Soils Testing 1% $ 20,259.79
Material Testing 1% $ 20,259.79
Construction Inspection 4.8% $ 97,246.97
Plan Check Fee 1.3% $ 26,337.72
Contract Administration 1% $ 20,259.79
GRAND TOTAL (FOR BOND AMOUNTS) $ 2,939,694.98
EngCostEstimate Page 10 of 11 Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
BY CITY
Faithful Performance Bond (100% of Construction Cost)
Labor & Material Bond (50% of Construction Cost)
Warranty Bond (10% of Construction Cost)
$ 2,939,700.00
$ 1,469,800.00
$ 294,000.00
EngCostEstimate Page 11 of 11 Effective Date: January 1, 2021
BY ENGINEER
Prepared By:
R.C.E. Number:
Expiration:
Place R.C.E. Stamp and Signature Here (required)
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item
STREETS
EA Tree Removal $ 800.00 $ -
CY Concrete Removal $ 325.00 $ -
760 CY AC Pavement Removal $ 100.00 $ 76,000.00
CY Imported Common Fill (Incl. Compaction) $ 34.00 $ - 14544 SF Preparation of Subgrade, Sidewalk and Paving $ 1.00 $ 14,544.00 845 LF PCC 8" Curb & 24" Gutter on 6" AB $ 26.00 $ 21,970.00 LF PCC 8" Curb & 24" Gutter on 6" AB $ 24.00 $ -
2220 LF PCC Curb Only $ 20.00 $ 44,400.00
LF 8" A.C. Berm $ 20.00 $ -
1240 SF 8" PCC Cross Gutter on 6" AB $ 16.00 $ 19,840.00 28686 SF 4" PCC Sidewalk $ 5.80 $ 166,378.80
SF 6" PCC Thick Drive Approach on 6" AB $ 12.50 $ -
780 SF 8" PCC Thick Drive Approach on 6" AB $ 15.00 $ 11,700.00 LF 2" x 6" Redwood Header $ 7.50 $ -
EA Street Sign and Post $ 475.00 $ -
EA Traffic Sign and Post $ 400.00 $ -
EA Reflector Sign and Post $ 175.00 $ -
EA Painted Legend $ 6.50 $ -
SF Prime or Tack Coat $ 0.08 $ -
TON AC Variable - <300T $ 130.00 $ -
1440 TON AC Variable - >300T (10" AC and 2" Overlay) $ 120.00 $ 172,800.00 TON CAB Variable - <300T $ 100.00 $ -
873 TON CAB Variable - >300T (12" CAB) $ 90.00 $ 78,570.00 EngCostEstimate Page 1 of 11
Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item
STREETS
3 EA Adjust Sewer Manhole to Grade $ 950.00 $ 2,850.00 EA Adjust Sewer Cleanout to Grade $ 500.00 $ -
3 EA Adjust Water Valve and Can to Grade $ 525.00 $ 1,575.00 EA Relocate Fire Hydrant $ 4,000.00 $ -
2 EA Relocate Air Vac/Blow -off $ 1,500.00 $ 3,000.00
EA Street Light (City Owner) $ 7,700.00 $ -
EA Electrical Pedestal $ 6,500.00 $ -
EA Lot Monument Setting Fee $ 550.00 $ -
1240 LF Sawcut A.C. $ 3.00 $ 3,720.00
LF Sawcut Concrete $ 3.00 $ -
42420 SF Cold Plane A.C. 2" Thick $ 0.28 $ 11,877.60
LF Signing & Striping for
2125 LF Arterial $ 19.00 $ 40,375.00
Collector $ 13.00 $ -
Local $ 7.00 $ -
2 EA Traffic Signal South Half only (8 - Phase
Controller)
$ 175,000.00 $ 350,000.00
2 EA Modify existing Traffic Signal per Quadrant $ 75,000.00 $ 150,000.00 LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for
Removal of Existing Fence)
$ 25.00 $ -
6 foot School fence (Add $9.00/LF for
Removal of Existing Fence)
$ 35.00 $ -
EA Utility Poles
Transmission $ 11,500.00 $ -
Distribution $ 8,000.00 $ -
EA Service $ 3,000.00 $ -
EngCostEstimate Page 2 of 11 Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item
STREETS
9000 SF Half Median Landscape (Including shrubs,
Hardscape, Irrigation, Ground Cover, Lighting,
Installation Labor and Connection to Existing
Systems)
$ 15.00 $ 135,000.00
LF 14 foot Median with Landscape, Irrigation, Lighting, Hardscape, Curb, Gutter & Pavement
$ 300.00 $ -
Rail Road Crossing
LS Safety Equipment (Complete Including Crossing
Gates, Signs, and Lights)
$ 500,000.00 $ -
SF Track Crossing (Concrete) $ 175.00 $ -
SF Approach $ 4.00 $ -
12 EA S.W. Ramps (A.D.A. Compliant) $ 4,000.00 $ 48,000.00 700 LF Remove and Dispose of Existing Curb and Gutter $ 5.00 $ 3,500.00 365 LF Remove and Dispose AC Berm $ 5.00 $ 1,825.00
6 EA Relocate Street Light, Pullbox and Conduit $ 6,500.00 $ 39,000.00 LF Guardrail $ 200.00 $ -
4 SF Relocate Street Sign $ 100.00 $ 400.00
1640 LF Remove and Dispose Chain Link Fence $ 7.00 $ 11,480.00 1 EA Relocate of Adjust SCE Vault $ 5,000.00 $ 5,000.00 2 EA Relocate Transformer by SCE $ 10,000.00 $ 20,000.00 14985 SF Parkway Landscaping $ 8.00 $ 119,880.00
1690 SF Construct Decorate Pavers per Landscape Plan $ 20.00 $ 33,800.00
STREETS
STREET SUBTOTAL $ 1,587,485.40
LS Mobilization (5% of Construction Cost) 5% $ 79,374.27 LS Traffic Control (10% of Construction Cost) 10% $ 158,748.54 LS Clear & Grub Site (5% of Construction Cost) 5% $ 79,374.27 LS Excavation (Clean Material) (5% of Construction
Cost)
5% $ 79,374.27
GRAND TOTAL STREETS ONLY $ 1,984,356.75
EngCostEstimate Page 3 of 11 Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item
WATER
LF Trench Support/Shoring (6 foot depth) $ 15.00 $ -
CY Pipe Bedding & Compaction (Imported) $ 90.00 $ -
LF 6" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration
$ 80.00 $ -
LF 8" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration.
$ 100.00 $ -
36 LF 12" Pipe & Fittings Installed, including
excavation, bedding , backfill and pavement
restoration
$ 135.00 $ 4,860.00
LF 18" Pipe & Fittings Installed, including
excavation, bedding , backfill and pavement
restoration
$ 175.00 $ -
LF Removal, Disposal of ACP and Backfill $ 150.00 $ -
EA 6" Gate Valve $ 2,000.00 $ -
EA 8" Gate Valve $ 2,600.00 $ -
EA 12" Gate Valve $ 4,500.00 $ -
EA 18" Gate Valve $ 7,500.00 $ -
1 EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ 7,500.00 EA Blow-off Assembly 4" per City Std. $ 8,600.00 $ -
EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $ -
WATER
WATER SUBTOTAL $ 12,360.00
LS Mobilization (5% of Construction Cost) 5% $ 618.00
LS Traffic Control (5% of Construction Cost) 5% $ 618.00 GRAND TOTAL WATER ONLY $ 13,596.00
EngCostEstimate Page 4 of 11 Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item
RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) $ 15.00 $ -
CY Pipe Bedding (Imported) $ 90.00 $ -
LF 6" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration
$ 80.00 $ -
106 LF 8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration.
$ 100.00 $ 10,600.00
LF 12" Pipe & Fittings Installed, including
excavation, bedding , backfill and pavement
restoration
$ 135.00 $ -
LF 18" Pipe & Fittings Installed, including
excavation, bedding , backfill and pavement
restoration
$ 175.00 $ -
EA 6" Gate Valve $ 2,000.00 $ -
EA 8" Gate Valve $ 2,600.00 $ -
EA 12" Gate Valve $ 4,500.00 $ -
EA 18" Gate Valve $ 7,500.00 $ -
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ -
EA Blow-off Assembly 5" per City Std. $ 8,600.00 $ -
EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $ -
EA 4" City Service Main (off IEUA 30" Main) $ 5,000.00 $ - EA 2" Backflow Device $ 1,500.00 $ -
RECYCLED WATER
RECYCLED WATER SUBTOTAL $ 10,600.00
LS Mobilization (5% of Construction Cost) 5% $ 530.00
LS Traffic Control (5% of Construction Cost) 5% $ 530.00 GRAND TOTAL RECYCLED WATER ONLY $ 11,660.00
EngCostEstimate Page 5 of 11 Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item
SEWER
LF Trench Support/Shoring $ 15.00 $ -
LF 4" V.C.P Installed, including excavation,
bedding, backfill and pavement restoration
$75.00 $ -
LF 8" V.C.P Installed, including excavation,
bedding, backfill and pavement restoration
$93.00 $ -
LF 10" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$103.00 $ -
LF 12" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$123.00 $ -
LF 15" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$143.00 $ -
LF 18" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$163.00 $ -
LF 21" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$193.00 $ -
LF 24" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$208.00 $ -
EA Sewer Saddle $450.00 $ -
EA Wyes 4" x 8" Typical $225.00 $ -
EA 48" Sewer Manhole $4,700.00 $ -
EA 60" Sewer Manhole $7,500.00 $ -
EA Sewer Cleanout $1,800.00 $ -
SEWER
SEWER SUBTOTAL $ -
LS Mobilization (5% of Construction Cost) 5% $ -
LS Traffic Control (5% of Construction Cost) 5% $ -
GRAND TOTAL SEWER ONLY $ -
EngCostEstimate Page 6 of 11 Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item
STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) $ 230.00 $ -
LF 27" x 43" C.M.P.A (10 Gauge) $ 250.00 $ -
EA Storm Drain Manhole #1 $ 10,000.00 $ -
EA Junction Structure #2 (24" or larger) $ 8,850.00 $ - EA Junction Structure #4 (24" or smaller) $ 4,000.00 $ - EA Outlet Structure $ 7,000.00 $ -
EA 18"x18" Brooks Catch Basin with Grated Inlet $ 1,250.00 $ - EA Catch Basin 3.5' Width $ 7,200.00 $ -
EA Catch Basin 7' Width/L.D. $ 7,900.00 $ -
EA Catch Basin 10' Width/L.D. $ 9,950.00 $ -
EA Catch Basin 14' Width/L.D. $ 11,000.00 $ -
EA Catch Basin 21' Width/L.D. $ 13,000.00 $ -
LF 18 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 200.00 $ -
LF 24 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 240.00 $ -
LF 27 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 260.00 $ -
LF 30 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 280.00 $ -
LF 33 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 295.00 $ -
LF 36 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 310.00 $ -
LF 39 inch RCP Installed, including excavation,
bedding ,backfill and pavement restoration
$ 320.00 $ -
LF 42 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 330.00 $ -
LF 45 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 360.00 $ -
LF 48 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 385.00 $ -
LF 54 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 440.00 $ -
LF 60 inch RCP Installed, including excavation,
bedding ,backfill and pavement restoration
$ 500.00 $ -
EngCostEstimate Page 7 of 11 Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item
STORM DRAIN
LF 66 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 560.00 $ -
LF 72 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 625.00 $ -
LF 78 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 690.00 $ -
LF 84 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 765.00 $ -
LF 90 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 830.00 $ -
LF 96 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 920.00 $ -
LF 102 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,000.00 $ -
LF 108 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,075.00 $ -
LF 7' x 3' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 650.00 $ -
LF 7' x 6' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 700.00 $ -
LF 7' x 8.5' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 820.00 $ -
LF 7' x 9.5' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 870.00 $ -
LF 8' x 11' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,000.00 $ -
LF 8' x 13' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,100.00 $ -
LF 9' x 9' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,000.00 $ -
LF 9' x 12' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,100.00 $ -
LF 4' x 6' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 680.00 $ -
EA Brick and Mortar Plug $ 1,800.00 $ -
LF 12" HDPE $ 50.00 $ -
LF Vegetated Drainage Swale $ 150.00 $ -
LF Remove Existing Twin 24" HDPE $ 30.00 $ -
STORM DRAIN
STORM DRAIN SUBTOTAL $ -
LS Mobilization (5% of Construction Cost) 5% $ -
LS Traffic Control (5% of Construction Cost) 5% $ -
EngCostEstimate Page 8 of 11 Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit
Price
Total Cost
Per Item
GRAND TOTAL STORM DRAIN ONLY $ -
EngCostEstimate Page 9 of 11 Effective Date: January 1, 2021
01225.0005/716235.4
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item
DIRECT
COSTS
GRAND TOTAL STREETS ONLY $ 1,984,356.75
GRAND TOTAL WATER ONLY $ 13,596.00
GRAND TOTAL RECYCLED WATER
ONLY
$ 11,660.00
GRAND TOTAL SEWER ONLY $ -
GRAND TOTAL STORM DRAIN ONLY $ -
GRAND TOTAL (FOR PLAN CHECK &
INSPECTION FEE DETERMINATION)
$ 2,009,612.75
PROJECT ADDITIVES Project Contingencies 15% $ 301,441.91 Insurance 1% $ 20,096.13
Design Fees 10% $ 200,961.28
Construction management 4% $ 80,384.51
Construction Staking 6% $ 120,576.77
Soils Testing 1% $ 20,096.13
Material Testing 1% $ 20,096.13
Construction Inspection 4.8% $ 96,461.41
Plan Check Fee 1.3% $ 26,124.97
Contract Administration 1% $ 20,096.13
GRAND TOTAL (FOR BOND AMOUNTS) $ 2,915,948.10
EngCostEstimate Page 10 of 11 Effective Date: January 1, 2021
RESOLUTION NO 2020-080
EXHIBIT B
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way
By: Mark Anderson
DATE: 3/25/2021
Quantity Unit Item Unit
Price
Total Cost
Per Item
BY CITY
Faithful Performance Bond (100% of Construction
Cost) Labor & Material Bond (50% of Construction
Cost) Warranty Bond (10% of Construction Cost)
$ 2,915,900.00
$ 1,458,000.00
$ 291,600.00
EngCostEstimate Page 11 of 11 Effective Date: January 1, 2021
BY ENGINEER
Prepared By:
R.C.E. Number:
Expiration:
Place R.C.E. Stamp and Signature Here (required)
EXHIBIT C
LEGAL DESCRIPTION FALLONCREST ROW AND TEMPORARY CONSTRUCTION
EASEMENT
EXHIBIT C-1
PLAT OF FALLONCREST ROW AND TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT D
LIST OF OBSTRUCTIONS
Removal or relocation outside of the Falloncrest Right of Way of all the obstructions will be at the cost of the City. Any obstructions removed or relocated by Developer with street improvement work will be included in DIF Amounts to be Reimbursed.
Items to be completed with street improvement work by Developer at City cost:
1. Relocate 2 Fire hydrants-2-City of Chino, possibly IEUA (1 purple hydrant probably recycled water)
2. Remove IEUA Control Cabinet (abandoned), adjust meter vault, relocate meter pedestal
3. Relocate 3-4 traffic signal pull boxes-3 in existing pavement Items to be removed or relocated outside of the Falloncrest Right of Way by Falloncrest:
1. Relocate Private Light/pole in front of milking barns (Sta 192+40)
2. Relocate existing fencing-chain link and metal approx. 650LF near West Preserve Loop
3. Relocate storage containers behind fence
4. Reconstruct concrete driveways serving 2 houses
5. Retaining wall near milk barn in ROW (Sta 192+ 40)
6. All Trees, walls, landscape, dirt within Right of Way and Temporary Construction Easement
7. Grading to provide access to driveways from Pine Avenue Items to be relocated by applicable utility companies at City’s cost:
1. Relocate Overhead utility pole serving house (Sta 184)
2. Relocate any underground utilities serving houses on Pine Ave
EXHIBIT D-1
DEPICTION OF OBSTRUCTIONS
EXHIBIT E
TOWN CENTER PROJECT ALTERNATIVE PUBLIC IMPROVEMENTS
[Please See Following Page]
EXHIBIT F
PROJECT CREDIT/REIMBURSEMENT SUMMARY
Pine Ave -Phase I (stages 1-3) and
Stage 4
Phase I (Stages 1-3)
Cost Estimate $10,849,328
Less: Harvest Street DIF credits
used $5,304,134
Phase I Reimbursement $5,545,194
Stage 4
Falloncrest ROW Improvements
(North of CL) $2,939,695
Town Center at the Preserve
Improvements (South of CL) $2,915,948
Total Cost Estimate Stage 4 $5,855,643
Less: Town Center at the
Preserve Street Credits $2,915,948
Stage 4 Reimbursement $2,939,695
2 EXHIBIT G
FORM OF ASSIGNMENT
(Assignment of Credit)
❖ Contract No.:
❖ Assignor: Chino Preserve Development Corporation
❖ Project Name: ____________________________________
❖ DIF Credit and Reimbursement Summary:
Actual Costs Credits Applied Balance
Circulation DIF $
Water DIF $
Sewer DIF $
Storm Drain DIF $
Balance Credits Assigned Balance Forward
Assigned Credit Circulation DIF
Assigned Credit Water DIF
Assigned Credit Sewer DIF
Assigned Credit Storm Drain DIF
Chino Preserve Development Corporation is hereby transferring DIF Credit in the amount of $<<>> to:
❖ Assignee:
❖ Credit Transfer Amount: $
❖ Remaining Credit: $
“Any transfer or assignment of credits or reimbursement rights acknowledged in this Addendum shall be made in accordance with City procedures, on a form approved by and acknowledged by the City. All parties to this Addendum agree that City will have no obligation to recognize or honor an assignment or transfer that does not comply with the terms of this Addendum.”
[SIGNATURES ON FOLLOWING PAGE]
3 EXHIBIT H
“SUBMITTAL CHECKLIST”
1. It is strongly suggested that the submitting party request a meeting with the City representatives prior to preparing a submittal for the purpose of agreeing on format and content as discussed in this checklist.
2. Request Letter - Statement of purpose
a) DIF Requests
o Provide the Tract Map/Parcel Map/Project No. for which the public improvements are associated and reference the
corelating agreement number(s)
o Clearly state the related DIF project number(s) included in the most current DIF Nexus Study
o Description of improvements and a correlating map showing the public improvements (see No. 6)
o State the Authority - Development Agreement, Subdivision Improvement Agreement, Public Improvement Agreement,
DIF Nexus Study, etc.
o Background - discuss any construction phasing, any
connection with on -site development projects, any joint reimbursement with other developers or any other helpful information relevant to the submittal
o Dollar amount of request per the DIF Nexus Study
o Contact person and contact information
o Summary Checklist (see attachment) indicating, by checking boxes, all items included in the submittal
b) Dollar amount of request
c) Contact person and contact information
d) Summary Checklist (see attachment) indicating, by checking boxes, all items included in the submittal
3. History of previous reimbursements, including approved amounts and dates (separate attachment). Projects should be itemized project by project. Do not include lumps sum amounts for multiple projects. Include project numbers, Tract Map/Parcel Map/Project No., reference all correlating agreements.
4. All relevant forms related to requests for reimbursements as called for in the reimbursement agreements
5. Any disbursement instructions (bank wiring information)
6. A location map, vicinity map or any other exhibit that describes the location of improvements and type of improvements with related improvements shown in bold.
4 7. A summary spreadsheet that shows contract numbers, invoice n umbers, invoice amounts, retention amounts, amounts that are eligible for reimbursement and totals submitted in excel spreadsheet format (editable) that can be used to check summations. All hard costs and soft costs shall be grouped and tabulated separately.
8. The limits of improvements for each submittal shall be reasonably determined, avoiding “piecemeal” or disjointed improvement lists. Improvements shall be contiguous where possible. Where DIF reimbursements or credits are requested, costs shall be segregated by DIF identification numbers.
9. All invoice details (contracts separated by tabs) including invoices, proof of payment (copies of cancelled checks), lien releases, time and materials reports and certified payroll reports if required.
10. Copies of contracts and change orders that support the invoices, where contracts are applicable. For example, where improvements are installed by a contractor under a construction contract, copies of the contract and all change orders related to improvement costs will be required. Permit fees, DIF fees, consultant invoices for design and construction management, and all other work performed under agreements, purchase orders, etc. will obviously not require copies of a contract.
11. Excerpts of bid documents that demonstrate that contract was publicly bid, where required by relevant agreements.
12. Evidence that prevailing wages were paid, where required by relevant agreements.
13. Any other supporting documents as needed.
Submittal Checklist
Completed by: Name
Date Submitted: Date
Submittal/Project Name: Name
Check Box Project Location in
Additional Details File Notes
Submittal Checklist
Request Letter
History of Reimbursements
All Relevant Request Forms
Disbursement Instructions
Location/Vicinity Map
Summary Spreadsheet (Excel)
Invoice Details
Contracts & Change Orders
Bid Documents
Prevailing Wage Evidence