HomeMy WebLinkAboutAviara Land Associates; 2001-03-19;AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF WATER AND RECLAIMED WATER PIPELINE IMPROVEMENTS WITHIN AVIARA PHASE Ill, UNIT NO. 1
Between
CARLSBAD MUNICIPAL WATER DISTRICT
And
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
Rev. l/02/01
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AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF WATER AND RECLAIMED WATER PIPELINE IMPROVEMENTS
WITHIN AVIARA PHASE Ill, UNIT NO. 1 (AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP)
This Agreement for Reimbursement of Costs for the Construction of Water and Reclaimed Water Pipeline Improvements within Aviara Phase Ill, Unit No. 1, dated as of
March 19 2001 (“Agreement”), is made at San Diego County, California, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water District Act of 1911, and a Subsidiary District of the City of Carlsbad
(“District”), and AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware Limited Partnership (“Developer”), with reference to the following recitals;
RECITALS
A. Developer owned from 1988 to 1999 a certain real property commonly known as
Aviara Phase III, Unit No. 1, located in the City of Carlsbad, California (the “City”), more particularly described as Carlsbad Tract No. 92-03, filed in the Office of the County Recorder of San Diego County on June 23,1997, as File No. 13434.
B. The Planning Commission of the City adopted a series of resolutions on December 1, 1993 approving the Aviara Phase III, Unit No. 1 project. A Mitigated Negative Declaration dated September 14, 1993, a General Plan Amendment (GPA 93-06), a Master Plan Amendment (MP 1776) a Local Coastal Program Amendment (LCPA 92-Ol), a Tentative Tract Map (CT 92-03) and a Hillside Development Permit (HDP 92-04). All of such Planning Commission actions were adopted and approved by the City Council of the City of Carlsbad on February 8, 1994 (City Council Resolution No. 94-41).
C. The Aviara Phase Ill, Unit No. 1 project approvals require Aviara to install water and reclaimed water pipelines in Poinsettia Lane, Ambrosia Lane, and Cassia Road to meet the needs of the homes and apartments to be built within Aviara Phase III, Unit No. 1 (the “Project Requirements”).
D. The District has requested Developer to install a 30-inch diameter potable water transmission pipeline, a 12-inch diameter potable water transmission pipeline, an l&inch diameter reclaimed water transmission pipeline and other improvements in Poinsettia Lane, Cassia Road, and Ambrosia Lane, collectively referred to as the “Water Work” and described
more particularly in Section 3 (a) below.
E. The District and Aviara recognize that the Water Work exceeds the infrastructure
otherwise required of Aviara in connection with its build-out of Aviara Phase III, Unit No. 1.
Aviara agrees to install or cause the installation of the Water Work provided that the District agrees to reimburse Aviara as set forth in this Agreement.
F. District and Developer acknowledge that Government Code Section 66485 allows the District to require a sub-divider to construct improvements benefiting property outside the subdivision; but Section 66486 requires the District to enter into a reimbursement agreement for such improvements. The parties intend that this agreement satisfy the requirements of Government Code Section 66486.
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NOW, THEREFORE, the District and Developer agree as follows:
1. Recitals. The Recitals are true and correct and incorporated herein by this reference.
2. Satisfaction of Oblioation. Developer’s agreement to perform the Water Work, as set forth herein, and the actual construction thereof, shall fully satisfy and constitute compliance with all requirements regarding Aviara Phase III, Unit No. 1 solely with respect to the Water Work.
3. General Developer Oblkations.
(a) In consideration of the District’s reimbursement and other undertakings as set forth herein, Developer agrees to install the Water Work, which shall include the following improvements, as
shown on City Drawing No. 341-5, Sheets 7, 8, and 21, dated November 11, 1998, prepared by P&D Consultants (the “Plans”) and as shown in the attached Exhibit “A” and “B” which is incorporated herein by reference:
(0 Construction of approximately 1,446 lineal feet of 30-inch diameter steel CML&C (550 HGL) potable water transmission pipeline and 50 lineal feet of l&inch diameter 10 gauge steel CML&C (550 HGL) potable water pipeline connection to existing in Poinsettia Lane and Cassia Road;
(ii) Construction of approximately 861 lineal feet of IZinch diameter PVC Class 150 (375 HGL) potable water
transmission pipeline in Poinsettia Lane east of Ambrosia Lane;
(iii) Oversizing of approximately 597 lineal feet of IZinch
diameter PVC Class 150 (375 HGL) potable water transmission pipeline in Poinsettia Lane west of Ambrosia Lane;
(iv) Construction of approximately 509 lineal feet of l&inch diameter PVC DR-18 (384 HGL) reclaimed water transmission pipeline and 31 lineal feet of 8-inch diameter PVC connection to existing in Ambrosia Lane north of Poinsettia Lane; and
(v) Oversizing of approximately 1,499 lineal feet of l&inch diameter PVC DR-18 (384 HGL) reclaimed water transmission pipeline in Poinsettia Lane and Cassia Road and approximately 115 lineal feet of 12-inch diameter PVC (384 HGL) recycled water transmission pipeline in Poinsettia Lane.
The Water Work shall include all necessary valves and appurtenances, including those necessary to connect the Water Work to the District’s pipelines in both Poinsettia Lane and Cassia
Road.
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03
(cl
03
@I
(9
Any portion of the Water Work completed before the effective date of this Agreement shall be included as a part of the Water Work for reimbursement, subject to the other provisions of this Agreement.
Developer shall install the Water Work substantially in compliance with the District-approved plans and specifications, and other design documentation for the Water Work.
Developer shall cause construction of all Non Reimbursable Work at Developer’s cost.
By entering into this Agreement, Developer waives any and all potential constitutional objections (NolanIDolan) relating to the Water Work improvements.
It shall be the responsibility of the Developer to observe and follow the requirements of District for retention of records and the submittal of information in connection with the Water Work Improvements, as specified in this Agreement.
4. General Developer Obliaations.
(4 The District shall reimburse Developer an amount (the “Reimbursement Amount”) equal to: (i) the actual Total Cost for reimbursement for construction of oversizing; plus (ii) an allowance for overhead as described in Section 6 (9 below. The actual Total Reimbursable Cost shall include all costs associated with the installation of the Water Work noted in the attached Exhibits “B” and “c” which are incorporated herein by reference. The Total Reimbursable Cost is currently estimated to be $280,005, calculated as follows:
0)) District agrees to reimburse Developer for Reimbursable Water Work as described in Sections 6 and 7 below.
5. Reimbursable Water Work.
(a) With respect to all hard costs of construction comprising the Water Work Improvements, Developer shall solicit bids from three reputable contractors. Reimbursable Water Work may be bid together with Non Reimbursable work for that portion of the Water Work Improvements which are being bid by such contractor. Upon agreement of a contract amount for the Water Work, the costs thereof shall be allocated among the categories consistent with the method and process used in the Exhibit “C.” The parties agree that the spreadsheet attached hereto as Exhibit ‘c” is a fair allocation of the costs under such contract as among the categories of Reimbursable Water Work. Costs shown in Exhibit “c” are subject to modification through change orders pursuant to Paragraph 6(h) of this Agreement.
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lb) During the performance of any Reimbursable Water Work, Developer shall retain detailed payment records for all items of Reimbursable Water Work, for use by District in auditing
subsequent reimbursement requests by Developer. Developer’s requests for reimbursement (each a “Reimbursement Request”) shall include copies of plans, specifications, engineer’s cost estimates, bids received, contracts, change orders, invoices, payment slips, canceled checks (front and back), lien releases
and other documentation reasonably required by District to
evidence the completion and payment for each item of Reimbursable Water Work. Reimbursement Requests may be submitted monthly in arrears, as identified in Section 6 (a) below, by Developer for each segment of work.
6. Audit of Reimbursable Exoenses.
(a)
(b)
(cl
(d)
Expenses for Reimbursable Water Work (including without limitation overhead and the allowance permitted under clause (9 below) are referred to herein collectively as “Reimbursable Expenses”. Developer shall be entitled to submit requests for Reimbursable Expenses monthly in arrears, and separately for each construction segment:
All Developer’s Reimbursement Requests will be processed and audited for District by a reputable consulting engineer selected by District (“Auditing Engineer”). The costs of the Auditing Engineer shall be paid directly by District from Water Connection Funds.
The Auditing Engineer shall review all Reimbursement Requests and the payment records submitted in connection therewith and
shall within thirty (30) days thereafter issue to District and Developer a report either accepting Developer’s submittal or specifying with particularity any reimbursement items or amounts not approved. Any reimbursement items or amounts not
approved by the Auditing Engineer may be further pursued by
Developer using the dispute resolution provision of Section 8
below.
With each Reimbursement Request, following 30-day review by Auditing Engineer, the Auditing Engineer shall forward one copy of each invoice submitted to Developer by Contractor, to the City’s Public Works Director (“Director), together with an invoice for all other components of the Actual Cost not otherwise reflected on the Contractor’s invoice. The Director shall confirm and approve the Reimbursement Amount based upon the components of Actual Costs and Overhead Costs set forth in Section 5 of this Agreement. If the Director objects to any items comprising the Reimbursement Amount, the Director shall notify Developer within thirty (30) days of receipt of all invoices forwarded by Developer. Failure to so notify Developer shall be deemed the Director’s approval of such invoices.
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(e) District’s reimbursement obligations hereunder shall be based upon the actual costs incurred by Developer in performing Reimbursable Work (including overhead and the allowances specified in (9 below).
(9 Notwithstanding anything herein to the contrary, and without limitation and in addition to the Reimbursable Work, District specifically agrees that each of the following shall be deemed Reimbursable Expenses:
(0 An allowance to wver the allocable portion of premiums paid by Developer for improvement and/or payment and performance bonds relating to the construction of Water Work are included in (iii) overhead expense.
(ii) An allowance to wver the allocable portion of premiums paid by Developer for blanket liability insurance coverage is included in (iii) overhead expenses.
(iii) An amount fixed at five percent (5%) of the eligible costs
for Reimbursable Work, exclusive of this clause (9, to compensate for overhead expenses incurred by Developer including for salary and benefits, for staff of Developer’s home office, purchasing department expenses, project supervision, general corporate legal and accounting fees and other normal overhead expenses incurred by Developer, including the expenses described in subsections (f)(i) and (f)(ii) above.
(9) Prior to the submission to the Director of all invoices, Developer shall obtain necessary or appropriate lien releases from the Contractor, and shall obtain from the District and all appropriate governmental agencies, all approvals, certificates, and other documents necessary to indicate the completion of the Reimbursable Work, and the ability to put the Public
Improvements into use. The date Developer receives all such final lien releases, approvals, and certificates shall be deemed the date of completion of the Water Work Improvements (the “Completion Date”).
(W All change orders shall be subject to approval by both the District and Developer. At the time of approval, the parties shall also determine the portion of the change order which is allocated to Reimbursable Work. In making such decisions, the parties shall be guided by the principle that if a change order is necessary due to changed circumstances or oversight in original design, or if it is required in order to perform the applicable portion of the Water Work Improvements in an orderly, reasonable and prudent manner according to the standard engineering and construction practice applicable to the improvements, then the allocation of the portion to Reimbursable Work should be in proportion to the allocation as between Reimbursable Work in Exhibit “C” for that portion of the Water Work Improvements.
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7. Pavment of Reimbursable Exoenses.
(a) Payment of Reimbursable Expenses shall be made, within sixty (60) days after the Auditing Engineer’s determination on any such Reimbursement Request (or determination pursuant to Section 8 if applicable).
The District shall not unreasonably withhold acceptance of the Water Work Improvements.
(cl Developer and District agree that the City’s General Fund is not part of this Agreement, and shall not be obligated under the terms
of this Agreement nor available for reimbursement purposes.
8. DisoutesKlaims. If a dispute should arise regarding the performance or interpretation of this Agreement, the following procedure shall be used to resolve any question of fact or interpretation not informally resolved by the parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Agreement shall be reduced to writing by the principal of Developer or the Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Director, or principal, upon receipt, shall reply to the letter, including a recommended method of resolution within ten (10)
days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining
the dispute shall be forwarded to the Board of Directors for their resolution through the office of the Executive Manager. The Board of Directors may, but is not obligated to resolve the dispute. If the Board of Directors considers the dispute, and directs a solution, the action of the Board of Directors shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties from seeking remedies available to them at law.
9. Successors: Covenant to Run with Real Propertv This Agreement and the covenants contained herein shall be binding upon and inure to the benefit of the Developer and District and shall run with the real property and create an equitable servitude upon the real property. Upon the application of the credit referred to in Section 7(a) for each respective Unit and after District acceptance of District Improvements, the provisions of this Agreement shall no longer apply to, and the same shall no longer be or constitute an equitable servitude against or run with the land as to the respective Units and the equitable servitude hereby created shall automatically terminate as to each of said respective Units. Upon the request of Developer, District shall execute and deliver to Developer, in recordable form, any further documents and/or instruments reasonably necessary to evidence that each said Unit is thereafter fully released and free from the provisions of this Agreement, provided that the cost of preparing and recording such documents and/or instruments shall be paid by Developer.
10. Assianment of Contract. The Contractor shall not assign this contract
or any part thereof or any monies due thereunder without the prior written consent of
the District.
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11. Notices. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to
have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt requested, postage prepaid, address as specified herein. Notices required to be given to Developer shall be addressed as follows:
Aviara Land Associates Limited Partnership Attention: Scott Medansky 2011 Palomar Airport Road, Suite 112 Carlsbad, CA 92009 Telephone: (760) 931-l 190 FAX: (760) 931-7950
Notices to District shall be delivered to the following:
CARLSBAD MUNICIPAL WATER DISTRICT c/o City of Carlsbad Attention: Public Works Director 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602-2730 FAX: (760) 602-8562
Each party shall notify the other immediately of any changes of address that would require any notice delivered hereunder to be directed to another address.
12. Transfer bv Developer. The obligations and benefits of this Agreement
shall not be transferred upon sale of Aviara Phase III, Unit No. 1.
13. Counteroarts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one and the same instrument.
14. Governina Law and Venue. This Agreement shall be interpreted and enforced under the laws of the State of California, and venue shall reside in San Diego County, California.
Complete Aqreement. This Agreement contains the entire agreement between the i&es with respect to the subject matter contained herein, and supersedes all negotiations, discussions, and prior drafts with respect to this subject matter.
16. Amendment. This Agreement may be amended by a written instrument executed by District and Developer (including for this purpose any successors of Developer, to the extent of their ownership of real property within Aviara Phase III, Unit No. I); except that no amendment regarding the provisions for reimbursement to Developer shall be valid unless executed by Developer.
17. This Agreement shall be effective as of the date first above Term. written, and shall terminate on the earlier of (i) the date the District fully reimburses Developer the Reimbursement Amount, or (ii) January I, 2015.
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18. No Third Partv Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party benefit.
19. Severability. The invalidity or unenforceability of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written.
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware Limited Partnership
CARLSBAD MUNICIPAL WATER DISTRICT,
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
APPROVE P AS TO FORM:
Rev. l/02/01
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State of California
1 County of . 3t4U3iW )
On Public, personally Appeared
, , Notary
personally known to me or is of satisfactory evidence’to be the
person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and
State of California 1
County of i
GINA OORT
b
Commission # 1235371
Notary Public - Cailfomia f
On before me, Public, personally appeared Claude Lewis 9 Notary
personally known to me or proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Rev. l/02/01 -10 -
SCALE: 1 “= 400’
NOTE:
30” STEEL (550 HGL) WATER TRANSMlSSldN PIPELINE PER DWG NO. 341-5, SHEET NO. 8 AND 21 (POINSETTIA LANE AND CASSIA ROAD: !
PIPELINE
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[s ----/ ‘1 _- L L c- ---
\
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AVIARA OAK:
SCH00L
EXHIBIT A
‘7
J / /
SHEET 1 OF 5
NOTE:
12” PVC (375 HGL) DISTRIBUTION WATER PIPELINE CONSTRUCTION PER DWG NO. 341-5, SHEET NO. 8.
(POINSETTIA LANE EAST OF
AMBROSIA LANE)
SCALE: 1”=400’
CT 92-3-l PHASE III, UNIT I
12” PVC (375 HGL) DISTRIBUTION WATER
PIPELINE CONSTRUCTION
-- \ -- \ % -- t‘-- _‘_’
ff!21!!/
I-- ---
ii -- (-1 :z:
(;I- ’ --
k&-t
L: ---I- ‘, -- k J- -- ---
AVlARA OAKS
SCHOOL
EXHIBIT A
SHEET 2 OF 5
EXHIBIT4.DWG DATE: B-25-DfJ
I -----f- I 1 ’ J A’ \
I t (/ LJ 7
SCALE: 1 “= 400’
POINSEllA LANE
NOTE:
12” PVC (375 HGL) DISTRIBUTION WATER PIPELINE OVERSIZING PER DWG NO. 341-5, SHEET NO. 7. (POINSETTIA LANE WEST 0F
AMBROSIA LANE)
CT 92-3-l PHASE III, UNIT I
12” PVC (375 HGL) DlSTRlBUTlON WATER
PIPELINE OVERSIZING EXHIBIT A
SHEET 3 OF 5
-7
) / /
AVIARA OAKS
SCHOOL
IBIT5.DWG E: 8-25-00
SCALE: 1 “= 400’
; \ ’ ,J A’ I t / c LJ
POINSETTIA LANE I I
NOTE:
18” PVC (384 HGL) TRANSMISSION RECLAIMED WATER PIPELINE CONSTfYJCTlON PER DWG NO. 341-5, SHEET No. 6. (AMBROSIA LANE
NORTH OF POlNSETTlA LANE)
E - .A \ \ ‘\ x di \- 1’ : I--- < $0, l - ‘T& 3 ’ / ! ?&$I e- +. - 4 , / / / ?%
Al&W4 L-/
CT 92-3-l PHASE III, UNIT I
18” PVC (384 HGL) TRANSMISSION RECLAIMED
WATER PIPELINE CONSTRUCTION
EXiiBIT A
SHEET 4 OF 5
AWARA OAKS
SCHOOL
llBlT2.DW lE: 8-2540
I -----I-
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I
r/ / L’
I 1
‘I
II
// 4
//
5 //
,5
POINSETTIA LANE
SCALE: 1 “= 400’ \
NOTE:
18” PVC (384 HGL) TRANSMISSION RECLAIMED WATER PIPELINE OVERSIZING PER DWG NO. 341-5, SHEET NO. 7, 8 AND 21. (POINSETTIA
LANE AND CASSIA ROAD)
CT 92-3-l PHASE Ill, UNIT I 18” PVC (384 HGL) TRANSMISSION RECLAIMED
WATER PIPELINE OVERSIZING
EXiiBIT A
AVlARA OAKS
SCHOOL
SHEET 5 OF 5
ilBlT6.DW TE: 6-2!5-Da
EXHIBIT “B”
AVIARA - POINSEITIA LANE AND CASSIA ROAD 30 INCH STEEL (550 HGL) WATER TRANSMISSION PIPELINE
QUANTITY TAKE-OFF CONSTRUCTION OF PIPELINE, 8/24/00
CITY OF CARLSBAD
Notes: (1) The quantities shown above are from AS-BUILT Drawing No. 341-5, Sheets 7, 8 and 21, City dated 1 l/9/98. (2) The 30” ML/MC steel water main is 8 gauge with class “E” flanges. All Joints welded a minimum of two passes.
EXHIBIT B
Sheet 1 of 5
EXHIBIT “B”
AVIARA - POlNSElTlA LANE EAST OF AMBROSIA LANE
12 INCH PVC (375 HGL) DISTRIBUTION WATER PIPELINE QUANTITY TAKE-OFF
CONSTRUCTION OF PIPELINE, 8/24/00
CITY OF CARLSBAD
45 BEND W/ TB EA 0 0 0 0
2” MAR EA 0 1 0 1
2” B.O. EA 0 1 0 1
Notes: (1) The quantities shown above are from AS-BUILT Drawing No. 341-5, Sheets 7,8 and 21, City dated I l/9/98. (2) The takeoff for the 12” water in Poinsettia Lane includes the tee, 45 degree bend and the gate valves at the Poinsettia Lane/Ambrosia Lane intersection.
(3) The 12” water in Poinsettia/Ambrosia intersection (Sheet 8) includes the tee and valves for water in Ambrosia Lane south of intersection.
EXHIBIT B
Sheet 2 of 5
EXHIBIT “B”
AVIARA - POINSETTIA LANE WEST OF AMBROSIA LANE
12 INCH PVC (375 HGL) DISTRIBUTION WATER PIPELINE QUANTITY TAKE-OFF
OVERSIZING OF PIPELINE, 8/24/00
CITY OF CARLSBAD
Notes: (I) The quantities shown above are from AS-BUILT Drawing No. 341-5, Sheets 7,8 and 21, City dated 1 I/9/98.
EXHIBIT B
Sheet 3 of 5
EXHIBIT “B”
AVIARA - AMBROSIA LANE NORTH OF POINSETTIA LANE
18 INCH PVC (384 HGL) TRANSMISSION RECLAIMED WATER PIPELINE
QUANTITY TAKE-OFF CONSTRUCTION OF PIPELINE, 8/24/00
CITY OF CARLSBAD
‘i, _ ‘:; ,x i,,:;‘:‘,::;:I-::‘;::‘(:k:i ‘li_ :: .‘yy”” ‘: ‘i) y :; “j ,’ : : ,; ;; 9 ;; ;?I ,,_ ;_ ;+ Q~~~~T,~~~;~~~ *s 3, I” <s <j
: UETEjVT,, ,; ‘i-j; j;;;;?‘j 4 ;; *_ ,_’ UNIT EET“j ;Ij ,# ~j!:,;f’T~j~~~
RECLAIMED WATER I I I ------------- -------- R” PVf! I-IR 117 I IF I em 77 I 5i-m 77 I 1 - . _- -.. .- I - - -. . - , ---.. -
8” PVC CLASS 150 (LAT WI VALVE) ;; I 31.18 1 31.18
18”XlWXfYTEE I EA 1 I 1
1 .--. .
18” X 8” FL REDUCER
18” FL X PJ ADAPTERS
18”FLC
8”FLX PJ GV
END CAP
CONNEt
ROSS W, TB I EA 1 I 1 )
I -. .
EA ;I ;
! EA 31 3
EA 1 I 1
I EA 1 I 1
:T TO EXISTING (3) 1 EA I I I 1 )
Notes:
(1) The quantities shown above are from AS-BUILT Drawing No. 341-5, Sheet 8, City dated I l/9/98. (2) The takeoff for the 18” FUW water in Ambrosia Lane includes cross and valves at Poinsettia Lane/Ambrosia
Lane intersection. (3) The connect to existing for the 18” FUW in Ambrosia Lane consists of a 12” valve and a 12” x 18” reducer.
EXHIBIT B
Sheet 4 of 5
EXHIBIT “B”
AVIARA - POlNSElTlA LANE AND CASSIA ROAD
18 INCH PVC (384 HGL) TRANSMISSION RECLAIMED WATER PIPELINE
QUANTITY TAKE-OFF OVERSIZING OF PIPELINE, 8/24/00
CITY OF CARLSBAD
18” FL BFV
18” FL X PJ ADAPTERS
Notes: (1) The quantities shown above are from AS-BUILT Drawing No. 341-5, Sheets 7, 8 and 21, City dated 1 l/9/98. (2) The takeoff for the 18” R/W water in Poinsettia Lane does not include the cross and valves at Poinsettia
Lane/Ambrosia Lane intersection. This is included in the quantity takeoff for the reclaimed water in Ambrosia Lane.
EXHIBIT B
Sheet 5 of 5
EXHIBIT “C”
AVIARA - POINSETTIA LANE, AMBROSIA LANE AND
CASSIA ROAD WATER AND RECLAIMED-WATER PIPELINE IMPROVEMENTS
REIMBURSEMENT FOR CONSTRUCTION OF OVERSIZING
SUMMARY
11/02/00
1 1. Poinsettia Lane and Cassia Road - 30-inch steel (550 HGL) 1 $160,992.79 1
water transmission pipeline: Construction
2. Poinsettia Lane east of Ambrosia Lane - 12-inch PVC (375 HGL) $26,063.50
distribution water pipeline: Construction
3. Poinsettia Lane west of Ambrosia Lane - 12-inch PVC (375 HGL) $2,984.65
distribution water pipeline: Oversizing
4. Ambrosia Lane north of Poinsettia Lane - 18-inch PVC (384 HGL) $34,961.94
reclaimed water transmission pipeline: Construction
5. Poinsettia Lane and Cassia Road - l&inch PVC (384 HGL)
reclaimed water transmission pipeline: Oversizing
TOTAL REIMBURSEMENT
$41,668.00
$266,670.88
Note*
SeeTables 1 through 5.
EXHIBIT C
Sheet 1 of 6
EXHIBIT “C”
TABLE 1
AVIARA - POINSETTIA LANE AND CASSIA ROAD
30 INCH STEEL (550 HGL) WATER TRANSMISSION PIPELINE
REIMBURSABLE COST: CONSTRUCTION OF PIPELINE, 1 l/02/00
FLXPJ BEND W/ TB EA 1 .oo 1,700.00 CO-08 $1,700.00
2” 8.0. EA 1 .oo 800.00 (1) $800.00
30” 90 FLG. X FLG.ELBOW EA 1.00 2,400.OO CO-08 $2,400.00
30” FLG. X FLG. B.V. EA 1.00 7,200.OO (1) $7,200.00
30’ FLG. X P.J. ADAPTER EA 1.00 (2) $0.00
SPOOL EA 1.00 - (2) $0.00
WATER TEST STATION EA nnn I
CONNECT TO EXISTING 18” STL W EA ..--
FIELD WELD ALL JOINTS (CO-14) LS 1 .oo 9,500.oo
2” WATER SERVICE ON EXIST. STL. LINE LS 1 .oo 2,850.8^
TOTAL
- I sn nn I
co”
Notes:
CO Contract change order. (1) Construction Contract, Kennedy Pipeline Company, 1997. (2) Cost is included in other items specified in Construction Contract.
(3) Work requested and approved for reimbursement by Randy Klaahsen (Invoice Payment No. 13).
EXHIBIT C
Sheet 2 of 6
_.
EXHIBIT “C”
TABLE 2
AVIARA - POINSETTIA LANE EAST OF AMBROSIA LANE
12 INCH PVC (375 HGL) DISTRIBUTION WATER PIPELINE
REIMBURSABLE COST: CONSTRUCTION OF PIPELINE, 11/02/00
12” PVC CLASS 150 LF 860.54 25.00 (I) $21.513.50
12” FL X PJ GV EA 3.00 1 .ooo.oo (I) $3,000.00
END CAP EA 1 .oo (2) $0.00
12” TEE W/ TB EA 0.00 $0.00
45 BEND WI TB EA 0.00 $0.00
2” MAR EA 1 .oo 750.00 (1) $750.00
2’ B.O. 1 EA 1 1.00 I 800.00 1 (1) 1 $800.00
TOTAL I I I I I 226.063.50
Notes:
CO Contract change order.
(1) Construction Contract, Kennedy Pipeline Company, 1997. (2) Cost is included in other items specified in Construction Contract.
EXHIBIT C
Sheet 3 of 6
EXHIBIT “C”
TABLE 3 AVIARA - POlNSElTlA LANE WEST OF AMBROSIA LANE
12 INCH PVC (375 HGL) DISTRIBUTION WATER PIPELINE
REIMBURSABLE COST: OVERSIZING OF PIPELINE, 1 l/O2100
I I I I I Less: Improvements Needed for Project I I I I 8” PVC CLASS 150 1 LF (1) 1 $(I 1.938.60)
8” VALVE
END CAP
8” TEE WI TB
45 BEND W/ TB
2” MAR
2” B.O.
TOTAL
596.93 20.00
EA 0.00 $0.00
EA 1 .oo (2) $0.00
EA 0.00 $0.00
EA 0.00 $0.00
EA 0.00 $0.00
EA 0.00 - $0.00
92.964.65
Notes: CO Contract change order. (I) Construction Contract, Kennedy Pipeline Company, 1997.
(2) Cost is included in other items specified in Constructiin Contract.
EXHIBIT C
Sheet 4 of 6
EXHIBIT “C”
TABLE 4 AVIARA - AMBROSIA LANE NORTH OF POINSETTIA LANE
18 INCH PVC (384 HGL) TRANSMISSION RECLAIMED WATER PIPELINE
REIMBURSABLE COST: CONSTRUCTION OF PIPELINE, 1 l/02/00
8” FL X PJ GV EA 1 .oo 800.00 (1) $800.00
END CAP EA 1 .oo (2) $0.00
CONNECT TO EXISTING (3) EA 1.00 (2) $0.00
RESTOCK 18” X 12” TEE (CO-l 3) LS 1 .oo i ,312.50 co-1 3 $1,312.50
TOTAL 534981.94
Notes: CO Contract change order.
(1) Construction Contract, Kennedy Pipeline Company, 1997. (2) Cost is included in other items specified in Construction Contract.
EXHIBIT C
Sheet 5 of 6
I’
.
EXHIBIT “C”
TABLE 5
AVIARA - POlNSElTlA LANE AND CASSIA ROAD
18 INCH PVC (384 HGL) TRANSMISSION RECLAIMED WATER PIPELINE
REIMBURSABLE COST: OVERSIZING OF PIPELINE, 1 l/02/00
I (2) $0.00
I 2.900.00 1 CO-08 $8,700.00 17) 9-l I-In K P.I ADAPTERS
46.00 (1) $68,954.00
END CAP EA 2.00 (2) $0.00
2” MAR EA 2.00 650.00 (1) $1,300.00
FL X PJ BEND EA 1 .oo (2) $0.00
90 DEGREE PJ X FL ELBOW EA 1.00 1,700.00 CO-08 $1.700.00
2’ BO EA 1.00 850.00 (1) 850.00
UNIFLANGE SERIES 1390 PIPE RESTR. EA 0.00 $0.00
FL X PJ BEND
90 DEGREE PJ X FL ELBOW
2” BO
UNIFLANGE SERIES 1390 PIPE RESTR. l-h-l-Al
EA 1 .oo - $0.00
EA 1 .oo $0.00
EA 1 .oo 850.00 (I) $(850.00)
EA 0.00 $0.00 C”. cc* nn
Notes:
CO Contract change order. (1) Construction Contract, Kennedy Pipeline Company, 1997. (2) Cost is included in other items specified in Construction Contract.
EXHIBIT C
Sheet 6 of 6