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HomeMy WebLinkAbout1986-06-24; City Council; 8249-7; Award contract for College Blvd. Assessment6. C C Q P U 5 a .. z 0 i= 0 a d 2 3 0 0 AB# P2W-&7 MTG. 06/2+/86 DEPT. AD TITLE: AWARD OF CONTRACT FOR COLLEGE BOULEVARD ASSESSMENT DISTRICT CITY MGR. * Adopt Resolution No. 81, ordering changes and modifications in proceedings and assessments in a special assessment district pursuant to the Improvement Act of 1913. Adopt Resolution No. PL 4 4 accepting bids and awarding Project No. 3188 for the construction of College Boulevard to Olson Construction Company. Adopt Resolution No. 862J’ approving an agreement with Neste, Brudin and Stone for the project management services of College Boulevard. Adopt for paleontological monitoring of College Boulevard. Resolution No. x62 6 approving an agreement with Paleo Services Adopt Resolution No. approving an agreement with the Pacific Bell Company for trenching and installation of telephone conduits on Co 1 lege Boulevard . Adopt Resolution No. f76 2 g/ approving the payment of $67,941 .OO to S.D.G.M. as an advance deposit for the trenching and installation of gas and electric lines on College Boulevard. Adopt Resolution No. accepting sewer and drainage easements for College Boulevard. Adopt Resolution No. 0 approving reimbursement agreement with Koll Company for the design of Col.lege Boulevard. - ITEM EXPLANATION: On January 21, 1986, Council authorized the advertisement for bids for the construction of College Boulevard. Five sealed bids were received on March 19, 1986 as follows: EFFLUENT COLLEGE BLVD. IMPROVEMENTS DISPOSAL LINE Paid by City Paid by the assessment district 1. Olson Construction $ 6,801,836.31 $250,400.00 2. W.R. Connelly, Inc. 8,152,193.24 337,025.00 3. Griffith Company 8,284,560.09 308,640.00 4. Cameron Brothers 8,303,025.14 307,268.00 5. Madonna Construction IO, 61 0,468.83 355,900.00 rc 1 ' ; Page 2 of Agenda Bill No. Fa 49-&? I References have been verified on the low bidder Olson Construction. A resolution is attached awarding the contract to Olson Construction. Abaut 1,000,000 cubic yards of earthwork must be removed froan the road and placed on private property. The pruperty Owners and the contractor have been unable to agree on a price for the work on private property. The property Owners are considering taking over the construction of the entire project as permitted by State law. The contractor will not object to this. Since the original Resolution of Intention prohibited such a take-over and it is now in the best public interest to allow it, a resolution ordering modifications to the district is attached for Council approval which makes this change. Also attached for Council approval are agreements for project management and inspection services, a paleontologist (required by the EIR), agreements with Pacific Bell and SDG&E to pay to cost of installing their utilities and an agreement with the Koll Company to reimburse them for the costs of designing the project, and finally, a resolution for the acceptance of two easements required for the project. All environmental clearances and coastal permits have been obtained. FISCAL IMPACT: The engineer's estimate for construction of this project was $8,340,000 for College Boulevard improvements and $450,000 for effluent disposal line (EDL). The City will bear the costs of effluent disposal line. The sum of $1,000,000 was appropriated for the effluent disposal line in the 1985-86 C.I.P. which includes the entire project fran Tamarack Avenue to Palmar Airport Road. Only a portion is currently being constructed now in order to get it installed along with the College Boulevard construction. The construction costs of College Boulevard will be financed through the sale of bonds for the assessment district. Bonds in the amount of $9,570,250.00 have been sold. The cost breakdm for this project is as follows: Public Wrks Construction Construction Contingency utilities Incidental Expenses Bond Reserve and Discount $ 7,079,036 744,200 285,000 1,099,700 1 ,052,734 'XYl?AL COST $10,260,670 less City payments -408,820 less interest earned during construction -28 1 600 (effluent disposal line and 2 traffic signals) APDUNT ASSESSED $ 9,570,250 c * ' I' Page 3 of Agenda Bill No.fJY7-g I EXHIBITS: 1. 2. 3. 4. 5. 6. 7. 8. 9. Lrocation Map. Resolution No. ?&23 ordering changes and nrodifications in proceedinqs and assessments in a special assessment district pursuant to the Irq$mmmnt Act of 1913. - - Resolution No. Fb.24 accepting bids and awarding Project No. 3188 for the construction of College Boulevard to Olson Construction company. Resolution No. r& 2 .s' approving an agreement with Neste, Brudin and Stone for the project managemnt services of College Boulevard. Resolution No. la 2 approving an agreement with Paleo -Sewices for paleontolcgica monitoring of College Boulevard. Resolution No. 57627 approving an agreemnt with the Pacific Bell Company for trenwinstallation of telephone conduits on College Boulevard. Resolution No. dgd 24; E approving the payment of $67,941.00 to S.D.G.&E. as an a vance eposlt for the trenching and installation of gas and electric lines on College Boulevard. Resolution No. d. 9 accepting sewer and drainage easmnts for College Boulevar Resolution No. Campany for the design ot-College Boulevard. -30 - approving reimbursement agreement with Koll 3 ‘1, ’ ’ LOCATION MAP e... PALOMAR LAND GWUP I LEGEND ........ ASSESSMENT DISTRJCT BOUNDARY SI -MAP N.T.S. I SOUTH COLLEGE BLVD. *om EXHIBIT I I ASSESSMENT DISTRICT I 3188 I I II .J l5 16 l7 l8 2o 21 22 23 24 25 26 27 I 1 2 3 4 5 6 7 (hereinafter referred to as the "Assessment District") and, WHEREAS, subsequent to the confirmation of the assessment and after the improvements were ordered, but during the pendency of these proceedings. it appears to be in the best public interest to order certain changes and modifications to the proceedings and the Resolution of Intention- and, WHEREAS. Section 8 of the Resolution of Intention prohibited the property owners from taking gver a contract as authorized by law, and at this time it is determined to be in the best public interest and convenience to delete that Section to allow the owners to elect to take the work and enter into a contract to dc the work in the form as authorized by the "Municipal Improvement Act of 1913". and Section 20485 of the Public Contract Code of the RESOLUTION NO. 8623 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD.. CALIFORNIA, ORDERING CHANGES AND MODIFICATIONS IN PROCEEDINGS AND ASSESSMENTS IN SUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913" A SPECIAL ASSESSMENT DISTRICT PUR-. WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA has previously adopted its Resolution of Intention and confirmed an assessment for certain works of improvement in a special assessment district. pursuant to the provisions of the "Municipal 8 9 10 I 11 Improvement Act of 1913". being Division 12 of the Streets and 11 Highways Code of the State of California, said special assessment 12 II district known and designated as l3 II 14 II ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) State of California. 28 I I 1 ! 1( 1: 1: 1; 1L If 1t 1: 1E 15 2c 21 22 23 24 25 26 27 28 NOW, THEREFORE. IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1 That the above recitals are all true and correct. SECTION 2. That this City Council does hereby order the following changes and modifications to be made to the proceedings and the Resolution of Intention as previously adopted for this Assessment District: A. Delete Section 8 of the Resolution of Intention in its entirety. 8. That the owners of 3/4's of the area of land assessed.. or their agents, may, within ten (10) days after the publication of the Notice of the Award of the Construction Contract for these proceedings, elect to take the work and enter into a written contract to do the work at prices not exceeding the prices specified in the bid of the bidder to whom the contract was awarded, and such work shall be done under such contract subject to regulations as prescribed by this legislative body. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on the 24th day of June , 1986, by following votes to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick, and Pettine NOES: None ABSENT: kne ATTEST: (SEAL) the 6 RESOLUTION NO. 8624 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA, AWARDING THE CONTRACT FOR THE CON STRUCTION OF CERTAIN PUBLIC WORKS MENT DISTRICT OF IMPROVEMENT IN A SPECIAL ASSESS- WHEREAS. the CITY COUNCIL of the CITY OF CARLSBAD. CALIFORNIA did publicly open and examine all sealed proposals or bids for doing the work and improvements described in its Resolution of Intention. which Resolution and a "Report" subsequently approved, are hereby expressly referred to for a description of said work and improvements and for all particulars relative to the proceed- ings for the works of improvement, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) (hereinafter referred to as the "Assessment District"). NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That this City Council hereby rejects all of said proposals or bids except that herein mentioned, and does hereby award the construction contract for doing said work and making improvements in the Assessment District to the lowest responsible bidder, to-wit: OLSON CONSTRUCTION COMPANY at the prices named in the bid of said bidder on file with the transcript of these proceedings and open for public inspection. SECTION 3. That this award of contract is hereby conditioned upon and made subject to the receipt of monies and proceeds from P , 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 22 24 2: 2E 27 2E the issuance and sale of bonds The Contractor shall not commence construction or order equipment until he has received a Notice to proceed. Any progress payment to the Contractor for work completed may be delayed if monies have not been received from the sale of bonds. SECTION 4. That the works of improvement shall be con structed in the manner and form as set forth in the plans and specifications for these proceedings, as previously approved as a part of the "Report", as required by law, and specifically the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. SECTION 5. That the Mayor and City Clerk are hereby autho- rized to execute the Agreement for the works of improvement relating to said Assessment District on behalf of the City, and a copy of said Agreement shall be on file with the transcript of these proceedings. SECTION 6. That all monies to pay for the costs and expenses of the above-referenced Assessment District shall be paid from the funds as deposited in the Improvement Fund, including any interest earned thereon. SECTION 7. That Notice of the award of this contract shall be published by the City Clerk one (1) time in the designated newspaper. the CARLSBAD JOURNAL, immediately upon adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on the 24th day of June , 1986. by the following vote. to wit. ! . 1 2 7 CI 4 C b e 7 E 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES. None ATTEST: (SEAL) . L 1 E S 1c 11 12 12 14 1E 16 17 l€ 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8625 A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND NESTE, BRUDIN AND STONE FOR THE PROJECT MANAGEMENT, SOILS ENGINEERING AND INSPECTION OF COLLEGE BOULEVARD CONTRACT NO. 3188 WHEREAS, the firm of neste, Brudin and Stone, Inc. has been selected to perform the inspection services in the amount of $239,970; and WHEREAS, funds in the amount of $9,332,456.29 are available from the sale of bonds to cover the design and construction costs of College Boulevard and monies in the amount of $928,029.28 are available to cover the design and construction costs of effluent disposal line; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That an agreement between the City of Carlsbad and Neste, Brudin and Stone, Inc., for the project management, soils engineering and inspection services of College Boulevard Construction, a copy of which is hereto marked "Exhibit A" and made a part hereof, is hereby accepted. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad, 4. The Consultant fee of $239,970 by Neste, Brudin and Stone for the project management, soils engineering and inspection services of College Boulevard construction is hereby accepted . /// 1 4 5 e 7 E 9 1c 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the I Carlsbad City Council held on the 24th day of June - 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST : MARY H. eASLER, Mayor (SEAL) AGREEMENT FOR ENGINEERING SERVICES CONSTRUCTION MANAGEMENT ASSESSMENT DISTRICT 85-2 COLLEGE BOULEVARD THIS AGREEMENT, made and entered into as of the &ye 19& , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City, 'I and NESTE, BRUDIN C STONE INCORPORATED, hereinafter day Of +' referred to as llConsultant. I' RECITALS City requires the services of necessary project coordination, inspection, soils engineering, Consultant to construction and related services for the construction of improvements Boulevard; and provide the management, engineering to College Consultant possesses the necessary skills and qualifi- cations to provide the services required by City; ' NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATION The Project hereinabove identified generally as the municipal improvements and facilities for Assessment District No. 85-2 (hereinafter the "Project") is more fully described in the Engineer's Report, as approved by the City Council of I. the City of Carlsbad, March 25, 1986, for the construction of Municipal Improvements to College Boulevard in City of Carlsbad, California, Assessment District No. 85-2. Each and every phase of the services described in this Agreement shall be performed and completed in conformance with generally accepted engineering standards and practices for similar type projects. It is the intention of the parties that upon the completion of the Consultant's services hereunder, the City will have constructed all the municipal improvements as set forth in said Engineer's Report for Assessment District No. 85-2, except for changes in the Project or changes in the scope of the services to be performed by the Consultant hereunder. The Consultant shall serve as a professional representa- tive of the City in all phases of the Project and will give consultation and advice to the City during the performance of services hereunder. The work shall be performed at the direction of the City's Project Manager. 2. SERVICES OF THE CONSULTANT The Consultant shall provide consultation and advice to the City for the Project in the following areas: a. Administration of Construction Contract 1) Provide administrative, management, and related services, under the supervision of Construction Manager, as required to coordinate work of the Contractor, participating agencies, Owners, and utilities. Provide -2- sufficient organization, personnel, and management to carry out the requirements of this project. 2) Schedule and. conduct preconstruction, con- struction, and progress meetings to discuss such matters as procedures, progress, problems, and scheduling. Prepare and promptly distribute minutes. 3) Consistent with the Project Construction Schedule provided by the Contractor process shop drawings, product data, and samples, to assure timely approval. Shop drawing review and testing by others. 4) Maintain cost accounting records on authorized work performed by Contractor, including contract items and change order. Revise and refine the approved Estimate of Construction Cost, incorporating -approved and anticipated changes as they occur. Advise the City whenever projected costs exceed budgets or estimates. 5) Develop and process progress and final pay- ments, Make recommendations to the City for payments. 6) Recommend necessary or desirable changes to the City, review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to the City, and if they are accepted, prepare and sign change orders for the City's authorization. 7) Record the progress of the Project. Submit written progress reports to the City showing percentages of completion, work accomplished, problems encountered, and other similar relevant data as the City may require. -3- 8) Maintain, on a current basis, a copy of all Contracts, drawings, specifications, addendum, change orders, shop drawings, survey notes, test results, and other related documents which arise out of the contracts or werk. Maintain accurate "as-built" records on a set of plans used exclu- sively for that purpose, and upon completion of construction revise the originals to reflect the "as-built" revisions. A signed "as-built" certificate shall be added to the first sheet of the plans. At the completion of the Project, deliver all such records to the City. 9) With the City's maintenance personnel, observe the Contractors' checkout of utilities and equipment and assist in their initial start-up and testing. 10) When the Construction Manager considers the Contractor's work, or a designated portion thereof, substan- tially complete, the Construction Manager, with the City, shall prepare a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall coordinate the correction and completion of the work. b. Full-Time Resident Project Representation (Inspec- tion) 1) The Consultant shall provide for full-time Resident Project inspection to assure compliance with the Contract Documents. The Consultant shall provide sufficient Representatives at the job sites to properly inspect the work. -4- 2) The Resident Project Representative, as the Consultant's Agent, will act as directed by and under the supervision of the Construction Manager. He will confer with the Construction Manager regarding his actions. His dealings in matters pertaining to the onsite work shall, in general, be only with the Construction Manager and the Contractor. His dealings with subcontractors shall only be through or with the full knowledge of the Contractor or his superinten- dent. He will generally communicate with the City only through or as directed by the Construction Manager. 3) The duties and responsibilities of the Resident Project Representative will be as follows: a) Conduct onsite observations of the work in progress to assist the Construction Manager in determining that the Project Contract Documents the requirements of b) is proceeding in accordance with the and that completed work will conform to the Contract Documents. Report to the Construction Manager whenever he believes that any work is unsatisfactory, faulty, or defective or does not conform to the requirements of the Contract Documents, or does not meet the requirements of any inspections, tests, or approval required to be made. Advise the Construction Manager when he believes the work should be uncovered for observation, or requires special testing or inspection. c) Verify that tests are conducted as required by the Contract Documents and in the presence of the -5- required personnel. Observe, record, and report to the Construction Manager appropriate details relative to the test procedures and start-ups. d) Accompany visiting inspectors represent- ing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to the Construction Manager. e) Transmit to the Contractor the Construc- tion Manager's clarifications and interpretations of the Contract Documents. f) Consider and evaluate the Contractor ' s suggestions for modifications in drawings or specifications and report them, with recommendations, to the Construction Manager. g) Keep a diary recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials,' daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. Send copies to the Construction Manager. h) Furnish Construction Manager periodic reports, as required, of progress of the work and the Contractor's compliance with the approved progress schedule and schedule of shop drawing submissions. Consult with the Construction Manager in advance of scheduled major tests, inspections, or start of important phases of the work. - 6- . 4) Except upon written instructions of the Construction Manager, the Resident Project Representative shall not: a) Authorize any deviation from the Contract Documents or approve any substitute materials or equipment. b) Undertake any of the responsibilities of the Contractor, subcontractors, or Contractor's superin- tendent. c) Expedite work for the Contractor. d) Advise on or issue directions relative to any aspect of the means, methods, techniques, sequences, or procedures of construction unless such is specifically called for in the Contract Documents. e) Advise on or issue directions as to safety precautions and programs in connection with the work. f) Authorize the City to occupy the Project in whole or in part. g) Participate in specialized field or laboratory tests. c. Geotechnical Services & Material Testing Geotechnical services and material testing through recognized geotechnical consultants and testing laboratories. The services to be provided by the Consultant in each of these areas are more fully described as follows: The Consultant shall provide geotechnical services through qualified geotechnical consultants and material testing through approved testing laboratories. Consultants -7- 4 and laboratories are subject to approval of City. Services shall include: 1) Field observation and testing of earthwork. 2) Laboratory testing of material sources, manufacturing facilities, manufactured products including P.C. concrete and asphaltic concrete, review of contractor material certifications and test data submittals. 3) Verification and/or redesign of structural roadway upon completion of grading. 4) Project consultation and management. 5) Report preparation. 3. ADDITIONAL SERVICES The following additional ser'vices shall be performed upon authorization in writing from the City and shall be paid for as provided in this Agreement. a. Consultation on replacement of work damaged by fire or other cause during construction, and furnishing services in conjunction with the replacement of such work. b. Services made necessary by the default of a Contractor. c. Services made necessary by the overrun of time by construction Contractor(s). d. Preparing to serve or serving as a witness in connection with any public hearing, arbitration proceeding or legal proceeding. -8- a e. Inspections of, and services related to, the Project after the end of the construction phase. f. Providing any other services not otherwise included in this Agreement. 4. RESPONSIBILITIES OF THE CITY The City shall: a. Provide all information in its records with respect to the requirements of the Project. b. Assist the Consultant by placing at its disposal all available information pertinent to the site of the Project including previous reports and any other data relative to.design and construction of the Project. c. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by the Consultant and render necessary decisions pertaining thereto within a reasonable time so as not to delay the work of the Consultant. d. Provide legal, accounting and insurance counseling services as may be reasonably required for the Project. e. Designate, in writing, a person or persons to act as representative of the City with respect to the work to be performed under this Agreement; such person shall transmit instructions, receive information, interpret and define policies and decisions of the City with respect to materials, equipment elements, and systems pertinent to the work covered by this Agreement. -9- f. Give prompt notice to the Consultant whenever the City observes or otherwise becomes aware of any defect in the Project . g. Obtain, with the Consultant's assistance, approval of all governmental authorities having jurisdiction over the Project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. h.. Furnish or direct the Consultant to provide, at the expense of the City, necessary additional services as stipulated in Section 3 of this Agreement, or other services as required. 5. PERIOD OF SERVICE The Consultant shall perform basic and additional services as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Project. 6. PAYMENTS TO THE ENGINEER This Agreement is a "Cost Reimbursement Contract". Compensation for services of the Consultant shall be based upon an estimated cost for cost reimbursement which may be exceeded; but no reimbursement will be made if said cost is exceeded without formally amending this Agreement. The fixed dollar profit (fixed fee) shall not be increased except in scope of the Consultant's service or work. The Consultant -10- k shall be reimbursed for direct and indirect costs. The following table contains the Consultant's indirect costs as percentages of direct salary, for the current fiscal year as budgeted: Description Indirect Cost Construction Management (Field) 130% Construction Management (Office) 160% The City shall pay the Consultant for services described under Section 2, Administration of Construction Contracts, as follows : 87,250 Cost Reimbursement Estimate Fixed Fee 13,100 TOTAL 100,350 The City shall pay the Consultant for services described under Section 2, Resident Project Representation, as follows: Cost Reimbursement Estimate 146,200 Fixed Fee 21,950 TOTAL 168,150 The City shall reimburse the Consultant for the Consul- tant's actual direct salary and for indirect costs. The City shall also reimburse the Consultant for all other direct costs, such as vehicles, reproduction, and other expenses directly related to the performance of services under this Agreement and paid by the Consultant. All such reimbursable costs are included in the cost reimbursement estimate amounts, and the Consultant shall not exceed these amounts without a formal amendment to this Agreement. The -11- Consultant's fixed dollar profit shall not be increased except in the case of an amendment to this Agreement which increases the scope of the Consultant's services or work. The Consultant's overhead percentage rates contained in the schedule set forth above are agreed upon as final rates. The City shall pay the Consultant for services described under Section 2, Geotechnical Services and Material Testing, according to the schedule of hourly billing rates of San Diego Geotechnical Consultants, Incorporated attached hereto as Exhibit "A" . The estimated total payment for geotechnical services and material testing is as follows: Observation & Testing of Engineering & Geology Field Compacted Fills Observations $40 , 000 10 , 000 Meeting & Consultation 1,500 Report Preparation C Administration 5 , 000 Laboratory Testing Reimburseable Expenses, Mileage Reproduction, etc. NBS Processing charge (8%) 5,000 5 , 000 $66 , 500 5,320 $71 , 820 The hourly billing rates for geotechnical services and material testing include profit and no additional fixed fee shall be paid to Geotechnical Consultants. The Consultant shall be reimbursed for the expenses of filing fees and fees advanced by the Consultant including geotechnical services, material testing, special consultants -12- and purchased services as authorized by the City, the actual cost thereof plus eight percent (8%). The Consultant shall provide periodic updates to the City as to the Consultant's projection of estimated costs for professional services. The Consultant shall maintain time records, accounting records, and vouchers with regard to all services performed on an hourly basis, and the City shall have the right to examine such records and the Consultant's records of all cost items incurred or charged in connection with the Project. This Agreement contemplates that all services described herein will be completed one year after the begining of the . construction. Any services performed after this date may require adjustments in Payment to the Consultant. The reimbursable costs and fixed dollar profit are based upon cost or price summary forms attached hereto for reference as Exhibit "B" . The Consultant shall be paid by the City for the performance of services hereunder on a monthly basis accord- ing to actual time and materials expended on each item plus a percentage of the fixed fee in proportion to the services performed; percentage of the work completed; or the time and materials expended on the work or other methods specified in this section. -13- , , .' 7. PAYMENTS FOR ADDITIONAL SERVICES If, in the course of this Contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the Contract is warranted, Consultant or City may request a change in Contract. Such changes shall be processed by City in the following manner: A letter outlining the required changes shall be forwarded to City or Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by Consultant or City shall be ordered by the City Engineer who will inform a principal of Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 8. COVENANTS AGAINST CONTINGENT FEES Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other -14- consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 9. NONDISCRIMINATION CLAUSE Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 10. TERMINATION OF CONTRACT In the event of Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, City may terminate this Contract for nonperformance by notifying Consultant by certified mail of the termination of the contract.. Consultant, thereupon, has five (5) working days to deliver said documents owned by City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which Consultant has performed which -is usable and of worth to. City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. -15- .- 11. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Contract, shall be reduced to writing by the principal of Consultant or the City Engineer. 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 City Engineer or principal receiving the letter shall reply to the letter along with 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 City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. -16- 12. RESPONSIBILITY OF CONSULTANT Consultant is hired to render professional services of providing construction management and other related engineer- ing services and any payments made to Consultant are compensation solely for such services. 13. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of City, Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the. compensation to be made. 14. STATUS OF THE CONSULTANT Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. Consultant shall be under control of City only as to the result to be accomplished and the personnel assigned to the project. However Consultant shall confer with City as provided for in this agreement. -17- . 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to City. Consultant shall have the right to make one (1) copy of the plans for its records. 16. HOLD HARMLESS AGREEMENT City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to indemnify and save free and harmless City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City's active negligence. -18- 17. ASSIGNMENT OF CONTRACT Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent to the City. 18. SUBCONTRACTING If Consultant shall subcontract any of the work to be performed under this Contract by Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contract.ua1 relationship between any subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by City. 19. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering, inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested -19- . personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for City who is authorized in such capacity and on behalf of City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of City, either before, during, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle Consultant to any additional payment whatsoever under the terms of this Contract. 21. ESTIMATES Since Consultant has no control over the cost of labor and materials, or over competitive bidding and market conditions, the estimates of construction costs provided for herein are to be made on the basis of Consultant's experience and qaalifications, but Consultant does not guarantee the accuracy of such estimates as compare to Contractor's bids or the project construction cost. -20- 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 16, "Hold Harmless Agreement,'' all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 2'3. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 24. CONFLICT OF INTEREST Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad. Consultant shall report investments or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals . NESTE, BRUDIN & STONE CITY OF CARLSBAD INCORPORATED Mayor BY 0- ab4 //- - Title APPROVED AS TO FORM: ATTESTED : City Clerk -21- EXHIBIT A r I. 1. I SAN DIEGO GEOTECHNICAL CONSULTANTS, INC. SOIL ENGINEERING 8 ENGINEERING GEOLOGY SCHEDULE OF FEES ENGINEERING AND GEOLOGIC SERVICES Staff Engineer or Geologist Senior Engineer or Geologist Project Engineer or Geologist Principal Technician (Field or Laboratory) Senior Technician (Field or Laboratory) Supervising Technician (Field or Laboratory) Geotechnical Aide Engineering Assistant Draftsman Word Processing Secretarial Services Plck4.Jp and Delivery JANUARY 1,1985 548.00 Per Hour $60.00 Per Hour $68.00 Per Hour $80.00 Per Hour $36.00 Per Hour $40.00 Per Hour $43.00 Per Hour $32.00 Per Hour $39.00 Per Hour $35.00 Per Hour $30.00 Per Hour $20.00 Per Hour $20.00 Per Hour SPECIAL EQUlPMENT Field Vehicle (per vehicle; portal to portal) $ 4.00 Per Hour Portable Refraction Seismograph 540.00 Per Hour Nuclear Density Gauge $1 0.00 Per Hour Inclinometer $1 5.00 Per Hour Computer Time $30.00 Per Hour Field Groundwater lest Kit By Arrangement Field Soil Laboratory By Arrangement REIMBURSABLE EXPENSES Outside charges performed by others and direct costs expended on the client's behalf are charged at cost plus 20 percent. These expenses include rental of drill rigs, bulldozers, backhoes, travel and subsistence, permits, reproduction costs, etc. The minimum charge for field inspection will be two hours. Overtime for technical and clerical staff will be charged at 1.5 times the hourly rate. Work performed on Sundays and Holidays will be charged at two times hourly rate. Travel time required to provide professional or technical services will be charged at the appropriate hourly rates. Invoices rendered for professional sewices are due upon presentation. A service charge of 1.5 peicent per month may be charged on accounts not paid within 30 days to cover additional processing and carrying costs. Any attorney's fees or other costs incurred in collecting any delinquent account will be paid by client. a. A retainer of 50 percent of the total fee is required for prolects with a total fee of 51.000.00 or less. The balance of the fee b. For all field studies. 30 percent of the authorized fee will be invoiced immediately on authorization to cover equipment OTHER CHARGES TRAVEL TIME TERMS OF PAYMENT PREPAYMENTS must be paid at the time the report is released to the client. and moDilization costs. BILLING Billings should be provided periodically and will be classified by fee categories set forth above. TESTING - See Table 1 6455 NANCY RIDGE DRIVE SUITE 200 SAN DIEGO, CALIFORNIA 921 21 (61 9) 587-0250 i L EXHIBIT A, continued .. TABLE 1 LABORATORY TESTING Maximum Density/Optimum Moisture Particle Size Analysis Soil Reactivity Tests 'R'-value Tests Concrete Compression Tests $lOO.OO/test 72.00/test 50.OO/set 144.00/test 29.OO/set EXHIBIT B - COST OR PRICE SUHMAF- I. CLIENT City of Carlsbad, Assessment District 85-2, College Blvd. J. TVPL OF SERVICE TOBC CURWISHLO ,Construction Management - Office 2. E68-015.009/13 4. DATE OF YORE 4/1/06 - 5/1/87 ! City of Carlsbad, Assessment District 85-2, College Blvd. I. TYPE OF SE(IVICL TO BE F URNlSt+€O , E68-015.009/13 h. OATL Of WORK :. I ;* - 8 4 I EXHIBIT B, continued COST OR PRICE SUMMAR I 1. CLIENT 2. ,Resident Engineer & Inspection I 4/1/86 - 5/1/87 PART 11-COST SUMMARY TOTALS E ST IN AT ED ESTI- HOURS YATED RATE COST 1. DIRECT LABOR (Spaelly labor cara#orfaa) Resident Engineer 2080 s 17.00 S 35,360 Inspection I TllAVLL ...................... ................... ................... ................... ................... ................... ................... ................... ................... ................... I 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 8676 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND PALE0 SERVICES WHEREAS, a proposal has been received by the City of Carlsbad for the paleontological services during the grading of College Boulevard; and WHEREAS, the firm of Paleo Services has been selected to perform the paleontogical services in the amount of not to exceed $34,660; and WHEREAS, funds in the amount of $9,332,456.29 are available in Account No. 300-820-1840-3188 to cover the paleontogical services of College Boulevard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That an agreement between the City of Carlsbad and Paleo Services for the paleontogical services of College Boulevard, a copy of which is hereto marked "Exhibit B" and made a part hereof, is hereby accepted. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. 4. The Consultant fee of $34,660 by Paleo Services for the paleontological services of College Boulevard is hereby accepted. /// /// /// 37 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 24th day of June I 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine MARY H. $ASLER, Mayor ATTEST: ALETHA L. RAUTE (SEAL) SCOPE OF WRY PalcoServicer will: 1 2 3 4 5 6 7 e 9 PROVIDE the necessary qualified porronnel, mquiprnent, and aatrrial to conduct paleontological rnonitorinp during prading of tho Collrpe Boulevard Extension. Tho project dirmetor will be Themar FI. Denere of PaXdorvicrr COlWkSl paiwntological firld nanitorinp, aicroforri 1 me- wrrhing, ad Corrtl rrlvr(pr, chrrinp tho - of tho grading pham MCM kd vortr and caps at at1 t +hid nark- ~ DE (I cmrtificato of liabSlt of the PSnult- VQ tr to thr- G&W e& in .) t&nr ough thm propW#, Ot Ohm Mty, will br to a reimtifie it'mtitutisn with ogical colloctiom tmuct, as the Sln Dingo irtory Mumrum) 7%- . The City- d Carlrrbad wills PROVIDE nrcrrriry prrmirsion ad ~rrb +o tho p*opcrr*Y. PROICfm impmvcrlnmt plan8 (48 rcrf.rh M the rubjrct mty ruitablm for timid Wertiq of forril finds and for the final report. 3P I COST The cost of the salvage program dercribmd above shall not exceed *34,660 for time and mrtrrirlr (given a proposmd grading schedule of 100, might-hour work days). Fimld time - Monitorinp 0 +2l/hr* 1 pmrron full-time (+168/dry w tmt. . *16,800 1 pmrron half-time (SM/dry JC S-3 . e . 0.400 Sf - nPnitorina S25.200 Ffold time - Screen wrrhfna -16b& 2 parsons full-ti- (*ieB/d.ryl w E‘% Sm9 3.848 Total -.E&W~W~C~JIC -,040 Proparation I Transportation * Wslhr. e persons Cull ti- tS1eWd Suppfirs 0 0 D Thr uncclrtrinty of fossil u rincr mvmn with careful plrnninp t)cly-muul; mfjl$rificrncr of a site carmot br known untix aft- aXS fas@$k hrvo bemn collrctrd. With this in mind, it 6s @mssfb\rr mat the entirr propoud budget may not b-rm-. ‘+- an examplm, durinp thr mnt salvage promram culrim oaf by Prlmo&wI~o.i far- grading on tho E&rnWdco, .HSt.h and Shores ~POJ~~ Chub Wstr, our rrtucl )I wmw only 8S% of thm propod, budpet. 1 ,s ill bif;f: thr CS* all bm vorifimd hr Ci9y appointed b site. No payments will k madm without qggg& Axef Thmr CB, hraerc PrlrroSlrvicmr E S 1c 17 12 12 14 15 1E 17 le 19 20 21 22 24 25 26 27 28 RESOLUTIOB MO. 8627 A RESOLUTION OF TEE CITY COUNCIL OF TEE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN TEE CITY OF CARLSBAD AND PACIFIC BELL FOR TREIYCEIBG AND COIDUIT INSTALLATIOB ON COLLEGE BOULEVARD WHEREAS, the City of Carlsbad will construct trenches for telephone lines and install telephone conduits on College Boulevard; and WHEREAS, Pacific Bell will perform inspection for trenching and telephone conduit installation; and WHEREAS, Pacific Bell is required to reimburse the City $18,400.60 upon completion of the conduit installation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That an agreement between the City of Carlsbad and Pacific Bell for the trenching and telephone conduit installation, a copy of which is hereto marked Exhibit "D" and made a part hereof, is hereby accepted. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. /// /// /// /// /// /// /// b i' 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 24th day of June I 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES : None ABSENT: None /-. MARY H. dASLER, Mayor ATTEST: -i&L- ALETHA L. RAUTENKRANZ, City C!kerk (SEAL) April 23, 1986 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attention: Pat Entezari PACI FI c BE LL This is to confirr the arrangements made between The City of Carlsbad ("Applicant") and Pacific Bell ("Pacific") for providing telephone service to your project College Boulevard Improvements, Assessment District 85-2, by means of underground facilities. The applicant hereby agrees to the following conditions: 1. The applicant shall provide positions in trench and will place substructures for Pacific's use as specified in the drawings of Pacific's job nuher DB(19)136!5R. The cover over telephone facilities must be in accordance with the specifications on Pacific's attached drawings. Minimm cover in all cases should not be less than 24" below finish grade unless otherwise specified on drawings. 2 The applicant shall excavate, backfill and compact the trench in accordance with the specifications of the City or County that has Jurisdiction over the project. 3. The applicant shall notify Pacific at 619-5604171, at least fifteen (15) working days in advance of starting trenching so that Pacific may coordinate the placing of its facilities with other operations. The applicant further agrees that trenching will begin on or before October 23, 1986, and will be completed on or before January 23, 1987. If the applicant cannot complete trenching within said time period, Pacific MY at its sole option terminate this contract and bill the applicant for all engineering coats incurred by Pacific. Pacific shall incur no liability aa a result of such termination. 4. In order to prevent damage to Pacific's facilities, the applicant shall provide supervision over and coordination between the various contractors working within the project until said facilities are ready for service and tested by Pacific. It is recarendd, in order to reduce the possibility of damage to Pacific's facilities, that the placement of these facilities be deferred until 8-r and water utilitiea have caapleted their installation. " ExHIBIT D " 5. Provide conduit (equipped with pull line) as the underground supporting structure and trench for service connection facilities within the interior boundaries of all lots, from property line to the riser protection conduit at the foundation, at no cost to Pacific. must be placed and sized as shown on Attachment A. Conduits 6. Prior to the cwncement of any work to be performed hereunder, or at a mutually agreed time thereafter, the applicant shall grant Pacific all necessary easements for Pacific's comaunication facilities the specified locations and in a form satisfactory to Pacific. in 7a. The applicant agrees to submit a final bill to Pacific no later than fortyfive (45) days following acceptance of the work as outlined herein. Notwithstanding the above, if Pacific does not receive a bill from the applicant within ninety (90) days of said acceptance, Pacific will consider the account aettled and all conditions of this contract and Pacific shall not be liable to the applicant for the payment referred to in paragraph 7b below. Billing should specify the location of the trenching work by street address or other reasonable identification and should refer to Pacific's job number DB(19)136!5R. fulfilled All bills should be mailed to: Pacific Bell - Joint Trench 7337 Trade Street, Roor 5446 San Diego, CA 92121 Attention: Engineer, R. J. Levin 7b. Said bill shall be based on the coat of Pacific's conduit and/or Pacific's share of trench as specified by the applicable tariff on file with the California Public Utilities Cmiseion. The estimated arount to be reimbursed by Pacific is based upon the following estimated footages and established schedule of rates. 20,208 feet of 4" PTS 77 conduit with 3/8" pull line placed and associated fittings and 0 bends = 3/8" pull 1ine.placed and associated fittings and 0 bends = $17,176.80 569 feet of 2" PTS 66 conduit with 278.80 7 Manholes with frame & cover 945.00 For the total sum of: $18,400.60 7c. It is also understood and agreed that developer is responsible for buying and placing all ranholes complete with hardware on this project. They will a180 true tape duct lengths and leave 3/8" pull line as required by Tela Inspector. 8. In the event Pacific is required by the epplicant to rake significant -ea in the drawings referred to in paragraph 1 above, the applicant ahall pay Pacific for any additional engineering costs resulting therefram at Pacific’s current loaded labor rate. 9. Applicant shall perform all the work specified hereunder and any amendments hereto in a good and skillful mer and the work shall be free from faulty or defective workmawhip. All material furnished by applicant shall be free fra defects. Applicant shall imediately, upon notification fra Pacific, remedy, repair or replace without cost to Pacific and to the satisfaction of Pacific’s representative, and to the satisfaction of governrental official having jurisdiction, all defects, demges or imperfections, including, but not limited to caving, sinking or eettling which lay appear in the work within a period of two (2) years after the date of final capletion and acceptance of the work by Pacific. Pacific shall exercise reasonable diligence to discover and report to applicant, as work progresses, all unsatisfactory material and workmanship furnished by applicant. In emergencies or due to applicant’s inability, refusal or neglect to do so, Pacific shall have the right to correct such defects and applicant shall reidurse Pacific for the costs thereof within ten (10) days after receipt of a bill therefor. Neither acceptance of the work by Pacific nor payments to applicant hereunder shall relieve applicant of these obligations. All equipment and tools furnished by applicant shall be in good and merviceable condition and shall be capable of performing the work in an efficient manner. 10. If trench is closed without inspection by Pacific, potholing ray be required at Pacific’s discretion to verify that all specifications have been met. All potholing will be done at applicant’s expense. 11. When the applicant hna placed to Pacific’s satisfaction the underground supporting structures for which reimbursement is specified in paragraph 7 above, awnership thereof, including the meterials supplied by the applicant, will be vested in Pacific. 12. Be advised that working telephone service cannot be provided for approximately ninety (90) days after the work is completed. This would include final grading, conduit with pull lines, and enclosures placed aa specified. 13. The applicant shall indemnify Pacific and save it harmless fram all loso or liability of any character whatsoever, including damage to Pacific’. facilities, arising directly or indirectly out of or in connection with the work perforred by the applicant hereunder, its contractors, qployees, agents or permittees. 3 45- 14. Applicant shall, until acceptance of the work by Pacific, saintain in full force and effect the following insurance with insurance carriers authorized to do business in California. (a) For work in California, Worker's Compensation Insurance in compliance with all Worker's Compensation Laws of the State of California, or in lieu thereof, to have become a qualified self-insurer of Worker's Compensation benefits. (b) Products and Completed Operations Insurance. (c) Comprehensive Liability Insurance, including automobile which shall protect applicant from any claims for bodily injury to or death of any person or persons, and for damage to or destruction of any property which may arise from work performed hereunder, and which does not exclude explosion, collapse, or underground property damage hazards. Said Comprehensive Liability Insurance shall also provide contractual liability coverage with respect to liability assumed by applicant hereunder. Furthermore, said Comprehensive Liability Insurance shall protect applicant against any liability which applicant may incur (a) on account of bodily injuries to or the death of one person and consequential damages arising therefrom, to the extent of not less than $500,000 and on account of bodily injuries to or the death of more than one such person and consequential damages arising therefrom as a result of any one occurence, to the extent of not less than $100,000; (b) on account of damage to any property, other than Pacific's property occupied or used by or in the care, custody or control of applicant, to the extent of not less than $250,000 for each accident and $500,000 aggregate; or in lieu of (a) and (b); (c) a combined single limit on account of both bodily injuries and property damage of not less than $1,000,000. Such insurance shall include Pacific as insurance to the full limits and should Pacific have insurance shall be excess severability of interest follows: Additional Insured; be primary of liability herein before stated other valid insurance, Pacific insurance only; and include a clause worded substantially as "The insurance afforded applies separately to each insured against whom claim is made or suit is brought, but the inclusion hereunder of more than one insured shall not operate to increase the limits of the insurance carrier's liability. The inclusion of any person or organization as an insured shall not affect any right that such person or organization would have as a claimant if not so included". 4 15. Applicant hereby declares and agrees that applicant is engaged in an independent business and will perform its obligations hereunder as an independent contractor and not as the agent, employee or servant of Pacific; that applicant has and hereby retains the right to exercise full control of and supervision over the applicant's performance of applicant's obligations hereunder and full control over the employment, direction, compensation and discharge of all employees assisting in the performance of such obligations; that applicant will be solely responsible for all matters relating to payment of such employees, including compliance with social security, withholding and all other regulations governing such ratters; and that applicant will be responsible for applicant's own acts and those of applicant's subordinates, employees, agents and subcontractors during the performance of applicant's obligations under this contract. In the performance of the work hereunder, applicant shall not employ any person who is a full-time or part-time employee of Pacific. 16. The attachment entitled "Exhibit-Executive Orders and Associated Regulations" is hereby made a part hereof. As used in the Exhibit, "Contractors" shall mean the applicant. Those orders and regulations applicable as indicated in the attachment are incorporated by reference herein. Please sign and date the duplicate copies of this letter to indicate your agreement with all terns and conditions of this contract and return two signed copies in the enclosed envelope. If you have a question or any change of plan, please call R. J. Levin on 619-586-3813. Sincerely, 6/fJ h!! District Manager San Diego North Engineering District Enclosures AGREED: SIGNATURE APPLICANT'S AUTHORIZED REPRESENTATIVE MARY H. CASLER, Mayor June 25, 1986 NAME, TITLE, AND DATE (PLEASE PRINT) 5 47 .I 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8628 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PAYMENT OF $67,941.00 TO SAN DIEGO GAS AND ELECTRIC CO. FOR TRENCHING AND GAS AND ELECTRICAL CONDUIT INSTALLATION-ON COLLEGE BOULEVARD WHEREAS, the City of Carlsbad will construct trenches for gas and electric and install conduits on College Boulevard; and WHEREAS, the San Diego Gas and Electric Co. will perform inspection for trenching and electric conduit and gas line installation; and WHEREAS, the City is required to deposit $67,941.00 with San Diego Gas and Electric Co. as an advance deposit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the payment of $67,941.00 to San Diego Gas and Electric as a deposit for construction of utilities, trenching and electrical conduit installation on College Boulevard is hereby approved . PASSED, APPROVED AND ADOPTED at a regular meeting of the I Carlsbad City Council held on the - 24th day of June - 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None -I SLER, Mayor ATTEST: ALETHA L. (SEAL) ,. .r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. - 8629 A RESOLUTION bF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING GRANT DEEDS WHEREAS, Koll Company and Huntington Beach Properties have submitted Grant Deeds conveying easements to the City of Carlsbad for storm drain, and sewer purposes adjacent to College Boulevard; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to accept said Deeds; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deeds from said developers granting utilities easements to the City of Carlsbad which are on file with the City Clerk and is incorporated herein by reference, are accepted. 3. That the City Clerk is authorized to cause the original deeds to be recorded in the Office of the County Recorder of San Diego County, State of California, with the appropriate Certificates of Acceptance attached. /// /// /// /// /// /// /// 5- 4 IbJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 24th day of -- June ? 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None MARY H. h!ASLER, Mayor ATTEST: - ALETHA L. RAUTENKRANZ, City Cdrk (SEAL) 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 RESOLUTIOM NO- 8630 A RBSOLUTIOM OF TEE CITY COUHCIL OF TEE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEHEMT BETWEEN THE CITY OF CARLSBAD AND KOLL COXPAMY - FOR COLLEGE BOULEVARD ASSESSHENT DISTRICT WHEREAS, assessment district expenditure list has been received by the City of Carlsbad for College Boulevard; and WHEREAS, the firm of Koll Company, Inc. has expended monies in the amount of $398,581.63 for the design and set up of the College Boulevard Assessment District; and WHEREAS, funds in the amount of $9,332,456.29 are available in the Account No. 300-820-1840-3188 to cover the reimbursement costs; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That a reimbursement agreement between the City of Carlsbad and Koll Company, Inc. for the design and formation of the assessment district for College Boulevard, a copy of which is hereto marked Exhibit "C" and made a part hereof, is hereby accepted . 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. 4. The Koll Company costs of $ 398,581.63 for the design and formation of the College Boulevard Assessment District is hereby accepted. /// /// /// 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular Carlsbad Ci,y Council held on the 24th day 1986 by the following vote, to wit: meeting of the f June I AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST : -, 1/. &&- MARY H. dASLER, Mayor ALETHA L. RAUTENKRANZ, City CArk (SEAL) AGREEMENT FOR COLLEGE BOULEVARD ASSESSMENT DISTRICT THIS AGREEMENT, made and entered into as of the 19 J6, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as c@City,lt and Koll Construc.tion Company, hereinafter referred to as *, dF day of "Construction Company." RECITALS City requires the services of consultants employed by Koll Company to provide the necessary architectural/engineering services for preparation of final plans and specifications for College Boulevard Assessment District; and Consultants employed by Koll Company possess the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and The Koll Company agree as follows: 1. KOLL COMPANY'S OBLIGATIONS a. Provide the City with complete plans and specifications for College Boulevard Assessment District. -2- b. Provide the City with all the necessary agreements, permits, and easements required to construct College Boulevard from El Camino Real to Palomar Airport Road. 2. CITY OBLIGATIONS Through the sale of bonds for College Boulevard Assessment District, the City shall: a. Reimburse the Koll Company for the cost of the design engineering. 3. PROGRESS AND COMPLETION The design work under this Contract has been completed. Extensions of time may be granted if requested by the Consultants and agreed to in writing by the City Engineer. In consideration of such requests, the City Engineer will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE REIMBURSED,TO CONSULTANT The reimbursement payable to Koll Company according to Paragraph 5, "Payment of Fees", shall be: 1 . Rick Engineering(Design) $1 80,363.51 2. San Diego Soils Engineering 28,163.06 3. Van Dyke & Associates 74,441.06 4. City of Carlsbad (Advance Deposit) 96,614.00 5. Utilities Specialist 13,000.00 6,O 0 0.00 6. Costa Real Water District TOTAL $398,581.63 .* 3 -3- No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, "Changes in Work." 5. PAYMENT OF FEES Payment of fees shall be upon delivery of approved final documents. 6. FINAL SUBMISSIONS Within fifteen (15) days of completion and approval of the final designs, the Koll Company shall deliver to the City the following items: A. Copy of the agreements with all of the Consultants covered in Paragraph 4. B. All final engineering and right-of-way certifications, utility agreements and documents. The plans shall be signed by a Registered Civil Engineer and/or Registered Landscaped Architect, as appropriate. 7. DESIGN STANDARDS The Consultants employed by Koll Company shall prepare the plans and specifications in accordance with the design standards of the City of Carlsbad and recognized current design pratices. Applicable City of Carlsbad Standards and Regional Standards shall be used where appropriate. Copies of such standards shall be obtained from the City of Carlsbad. , -4- 8. COVENANTS AGAINST CONTINGENT FEES The Consultants employed by Koll Company warrant that their firms have not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 9. DISPUTES If a dispute should arise regarding the performance.of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the City Engineer. 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 City Engineer or principal receiving the letter shall reply to the letter along with a recommended $8 I -5- 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 City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 10. RESPONSIBILITY OF THE CONSULTANT The Consultants hired by Koll Company shall provide professional services of designing and drawings for College Boulevard Assessment District from El Camino Real to Palomar Airport Road. Any payments made to Koll Company are compensation solely for such services. Consultant shall certify as to the correctness of all designs and sign all plans, specifications, and estimates furnished with Registered Civil Engineer's number, (or Landscape Architect's registration number). 11. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary supporting documents, to be filed with aqy agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. c ... -6- 12. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this Contract is terminated, all documents, plans, aerial photos, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. 13. HOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of Koll Company or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City's negligence. -7- 14 . AS,SIGNMENT OF CONTRACT The Koll Company shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 15. SUBCONTRACTING If the Consultant employed by the Koll Company shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 16. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof. No c -8- officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 17. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this Contract. 18. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 19. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. .I -9- 20. CONFLICT OF, INTEREST The Koll Company shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code . IN WITNESS WHEREOF, we have hereunto set our hands and seals. - Title APPROVED AS TO FORM: . CITY OF CARLSBAD: ATTESTED : WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 MAIL TAX STATEMENTS TO: CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION. mipt of which ia h- rdtnowldgd, the Huntington Beach Company a corpornion undr tho I- of ma stra of California the CITY OF CARLSBAO, a municipal corporation. the easement for public drainage purposes over, under and across , dor hrnbV ttu rrl pmputy in thecity of Carlsbad Coumyof San Diego See attached Exhibit "A" for legal description attached hereto and by this reference made a part hereof. All as shown for convenience sake on Exhibit "B" attached hereto and by this reference made a part hereof. I nd A. 1. Clarl( Secretary -lmorrntonm(orpondtonmontk.br*d..1Y.day BY ~tob.tk.pmcrwko-a---- Assistant Secretary - Treasurq Vice President Rldwand J lthls am for offlcial no&d UO 5h 114.4 (61t12) MAIL TAX STATEMENTS AS DIRECTED ABOVE - -- FORM 45 e, u%wESS . ** * RICK ENGINEERING COMPANY 1 ~~~K~~~~~~k'E 3088 PI0 PIC0 DR. 0 SUITE 202 0 CARLSBAD, CA 92008 TELEPHONE 0 AREA CODE 619 729-4987 JOB NO. LEGAL OEICRIPTIOM COR: IY OATC R.B. 9-20-::5 COl.J,EGE BLVU. ASSESSbIENT DISTRICT 595G-L3 ,)KAIKAGII 13t.U. IIUNT'ING'I'ON J311ACII PROPERTY cn"o' d/ SHEET 1 or 1 An easement being that portion of Lot G of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of Califor- nia, as shown on Map 823 recorded in the Office of the County recorder of said County, more particularly described as follows: TITLE co. RffcRcncC A strip of land 20.00 feet in width, lying 10.00 feet on each . side and parallel with the following described centerline: REV1 110N.S COMPANY. OLSCRIPTION OROERMO. OATC ay OATL Commencing at the most Westerly corner or' Map No. 11269 recorded in the Office of the County recorder of said County; thence along the Southwesterly boundary line of said map South 47'28'18" East 379.70 feet to a point on the arc of a non-tangent 1401.00 foot radius curve concave Easterly, being the Westerly sideline of an easement for highway purposes to the City of Carlsbad recorded July 3, 1985 as Document No. 85-239994, a radial to said point bears North 43'32'52" West; thence along said Weste'rly sideline the following courses: Southerly along the arc of said curve I through a central angle of 34'48'04" a distance of 850.96 feet, South 11'39'04" West 268.90 feet to the TRUE POINT OF BEGINNING: thence leaving said -Westerly sideline, South 42'01'04" West 44.65 feet to the POINT OF TERMINUS. Y The sidelines of said easement shall be extended or shortened to begin on the Westerly sideline of said public highway easement and shall end at right angles through the POINT OF TERMINUS. . .^ E xh i b it 'I A" I RANCHO MAP LOT -- - / MAP NO, 11289 GI. 81-46 L UNIT NO. 3 VICINITY MAP NOTTOSCALE I PLAT TO ILLUSTRATL L fGAL DWRIPTMN OF DRAINACt US EMENT FER COU EG E BOULE YARD ASSESSMENT DISTRICT RICK ENQlNEERlNQ COMPANY CIVIL RNQINRRRO-OUAVRYQR. * PLANNRRI I RECORDING P-IESTED BY .. CITY OF CARLSBAD AND WHEN RECORDED MAIL TO 7 rCITY OF CARLSBAD 1200 Elni Avenue st- Carlsbad, California 92008 Addnr Ciw 4 -L J r 1 MAIL TAX STATEMEN= to - CITY OF -BAD sm~ 1200 Elm Avenue - Carlsbad, California 92008 an WL J . -SPACE ABOVE THIS LINE FOR RECORDER'S USE The WdaSigned ptods) deck&): Documrn~arypPndaaxh -0- EASEMENT ( ( ) computed on full value of property conveyed, or ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated MI: ( X ) City of CARLSBAD , and FOR A VALUABLE CONSIDERATION, receipt of which u hereby acknowledged, CARLSBAD RESEARCR CENTER, a General hereby GRANTS to partnership organid under the laws of the State of 'California the CITY OF CARLSBAD, a municipal corporation, the easement for public utility/sewer purposes over, under and across the following described ml property in the City of Carlsbad 'See EXBIBIT "A" for Legal Description attached hereto and by 'All as shown for convenience sake on the attached EXHIBIT "Bn. Countyof San Diego , sure of California this reference incorporated herein. CARLSBAD RESEARCH CENTER,a California General Partnership Dared: STATE OF CALIFORNIA COuNn OF On before me. tbe undmigned. a Noury Public in and for said State. pnondly appMd B~ see attached sheet BY for signatures Pvrna Purner pc~dy known to me or proved to me on che basis of satisfactory evidence to be che pmon, who exe- cuted chc within insmment as of the pmnm of the parmenhip chat executed the within inarumcnt. and acknowledged to me that such purnenhip executed the same. WITNESS my hand and official seal. Signature (This ara for official notarial sed) -7 title Order No. Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE .. -_ CARLSBAD RESEARCH CENTER, A CALIFORNIA GENERAL PARTNERSHIP BY: KOLL CARLSBAD ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP THE KOLL COMPANY, GENERAL P9RTNER n E URBAN DIVERSIFIED PROPERTIES, INC., A CONNECTICUT CORPORATION. 1. STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO) ss- On this 11th day of 4~r-1 I , in the year 19 ?L, before me ‘I J+~~C i a L . -Bed 1 \ ,’a notary public in and for said County and State, personally appeared b\\~)~sel .) Dur1iqc4v: , person- ally known to me to be Vice President of The KolP Company, a California Corporation, the Corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said Corporation, said Corporation being known to me to be Managing Partner of Roll Carlsbad Associ- ates, a California General Partnership that executed the within instrument, and acknowledged to me that said Partnership executed the same as General Partner of Carlsbad Research Center and that Carlsbad Research Center executed the same. In witness whereof, I have hereunto set my hand and affixed my notarial seal, the day and year in this certificate first above written. u NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE WkWcChcsncr WQnnr -0trpcoUrlv trg MU. 4.1988 MDel0ll-h STATE OF CALIF-ORNIA 1 COUNTY OF SAN DIEGO) ss* On this Iltk, day of /lFr I I , in the year 19 &, before me -wr,c ICL 1 ,c L I , a notary public in and for said County and State, personally appeared P,,F F, p I person- ally known to me to be Vice President of ?he Koll Company, a California Corporation, the Corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said Corporation, said Corporation being known to me to be Managing Partner of Koll Carlsbad Associ- ates I a California 'General Partnership that executed the within instrument, and acknowledged to me that said Partnership executed the same as General Partner of Carlsbad Research Center and that Carlsbad Research Center executed the same. - In witness whereof, I have hereunto set my hand and affixed my notarial seal, the day and year in this certificate first above written. &-hdk,&/ 2,. &d7 NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE IO1 NO. LCOU OLICRICTIOII ?On: I* RB COLLEGE BOULEVARD SEWER EASEMENT OFF CF CWI.0. 8936-B An easement being a portion of Lot F, of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, on file in the Office of the County Recorder of said county, more particularly described as follows: A strip of land 20.00 feet in width lying 10.00 feet on each side and parallel with the following described centerline. Commencing at a point on the Westerly right-of-way line of College Boulevard as described in an easement to the City of Carlsbad, recorded April 9, 1985 as Document 85-121471 of Offi- cial Records, said point being a point of compound curvature of a 1949.00 foot radius curve concave Westerly, a radial line from said point bears North 42'39'17' West: thence Northerly along said Westerly right-of-way line and the arc of said curve through a central angle of 37'11'36" a distance of 1265.19 feet to the TRUE POINT OF BEGINNING: tLence North 79'50'53' West 166.00 feet to the POINT OF TERMINUS. The sidelines of said easement shall begin on said Westerly right- of-way line and shall end at right angles through the POINT OF TERMINUS. OATC SHCCT 11-20-ES lor 1 EXHIBIT A VICINITY MAP ' EXHIBIT 0 I i I I I i I I e 1200 ELM AVENUE CARLSBAD, CA 9ZO06-1989 Office of the City CIerk TELEPHONE (619) 438-5535 June 30, 1986 F. Mackenzie Brown Attorney at Law P.O. Box 8025 Rancho Santa Fe, CA 92067 Re: Assessment District No. 85-2 - (College Boulevard) Enclosed for your records are the following copies of resolutions for the above referenced assessment district which were adopted by the Carlsbad City Council at its meeting of June 24, 1986: 1. 2. 3. 4. 5. 6. 7. 8. Resolution No. 8623, ordering changes and modifications in proceedings and assessments. Resolution No. 8624, accepting bids and awarding the contract to Olsen Construction Company. Resolution No. 8625, approving an agreement with Neste, Brudin and Stone for project management services. Resolution No. 8626, approving an agreement with Paleo.Services for Paleontological monitoring. Resolution No. 8627, approving an agreement with Pacific Bell for trenching and installation of telephone conduits. Resolution No. 8628, approving the payment of $67,941 to SDG&E as an advance deposit for the trenching and installation of gas and electric lines. Resolution No. 8629, accepting sewer and drainage easements for College Boulevard. Resolution No. 8620, approving a reimbursement agreement with the Koll Company for the design of College Boulevard. Deputy City Clerk Encs. STATE OF CCNNECTICUT ) COUNTY OF HARTFORD 198.6, before me April On this - 22 day of a a notary public in and for said County and State, Lou Ann Menditto and residing therein, and duly comnissioned and sworn, personally appeared of Urban Di versi f i ed Vice President known to me to be - David J. Ingram Properties , Inc. , a Connecticut corporation, the corporation that executed the within instrument known to me to be the person who executed the.wtthin instrument on behalf of said corporation therein named and acknowledged to me that such corporation executed the same, and said corporation being also known to me to be one of the partners of Carlsbad Research Center, the . E ,partnership that executed the within instrument and that said officers of said corporation for an on behalf of said corporation acknowledged to me that such partnership executed the said instrument. It+ WITNESS'WHEREOF, I hereunto set my hand and official seal. /i ><, 'k s L- 2 Notary Pub1 ic My Ckission Expires: <y3//gty 67 c: ' F. MACKENZIE BROWN RONALD E. NULL, A.P.C. WARREN B. DIVEN June 9 1986 F. MACKENZIE BROWN P. 0. BOX 8025 I N CORPORATE0 FAIRBANKS RANCH PLAZA RANCHO SANTA FE. CALIFORNIA 92067 SAN DIEGO (619) 456-1915 ORANGE (714) 551-1915 LOS ANGELES (213) 5.37-1915 (805) 653-1915 RIVERSIDE 1714) 359-5489 VENTURA Aletha Rautenkranz, City Clerk City of Carlsbad 1200 Elm Avenue Carl sbad, CA 92008 RE: ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) Dear A1 et h a : Enclosed herein please find the following documents relating to the above-referenced Assessment District: k, p.6 RESOLUTION ORDERIN6 CHANGES AND MODIFICATIONS: This Resolution will modify the Resolution of Intention to allow the property owners to make an election to take over the works of improvement and enter into the contract. @- RESOLUTION AWARDING CONSTRUCTION CONTRACT: This is the formal award to Olson Construction Company. ( NO, g+s) & NOTICE OF AWARD OF COHTRACT: For pub1 ication. **** Immediately upon adoption of the Resolution Awarding Construction Contract, the City Clerk shall cause the Notice of Award to be published one time in the legally desig- nated newspaper, the CARLSBAD JOURNAL. At this time it is contemplated that the owners of 3/4's of the area of land to be assessed will present to the City an election to take over the work and enter into a written contract to do the work at prices not exceeding the prices specified in the bid of the bidder to whom the contract was awarded (Olson Construction Company). If the owners make this determination, I will prepare the appropriate election documentation, as any election must be made within 10 days following the publication of the Notice of Award. If you ave any questions concerning this transmittal, please call. I would appref e receiving conformed copies of the above Resolutions upon their adoption. J f CKENZIE BROWN FMB : bd encl . , ' -, . NOTICE OF AWWD OF CONTRACT IN ASSESSHENT DISTRICT NOTICE IS HEREBY GIVEN that a Contract has been awarded by the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA (hereinafter referred to as "City"), to OLSON CONSTRUCTION COMPANY (hereinafter referred to as "Contractor", for the construction of certain improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) (hereinafter referred to as the "Assessment District"), relating to the following described property: All that property included within the exterior boundaries of the above-referenced Assessment District, as said pro- perty is shown on a map on file in the Office of the City Clerk of the legislative body, said map designated by the name of the Assessment District. THIS SHALL CONSTITUTE FURTHER NOTICE TO ALL PERSONS that all property within the boundaries of the Assessment District has been assessed for the works of improvement for the above-referenced Assessment District in the form as authorized pursuant to the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. For particulars, reference is made to Resolution of Intention No. 8376, adopted on the 28th day of January, 1986, for a description of the work and all other particulars in reference to this Assessment District. CITY OF CARLSBAD STATE OF CALIFORNIA Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 31 38 ROOSEVELT ST. P.O. BOX 248 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss, COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said NOTICE OF AWARD OF CONTRACT IN ASSESSMENT DISTRICT NOTICE IS HEREBY GIVEN that a Contract has been awarded by the CITY COUNCIL of the CITY OF CARLSBAD. CALIFORNIA (hereinaner referred to as “City”). to OLSON CONSTRUCTION COM- PANY (hereinatter referred to as “Contractor”). for the construction of certain improvements, together with appurtenances and appurte- nant work in connection therewith, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) (hereinalter referred to as the “Assessment District”). relating to the following described property: All (hat property included within the exterior boundaries of the above referenced Assessment Dis- trict. as said property is shown on a map on file in the Office of the City Clerk of the legislative body, said map designated by the name of the Assessment District. I THIS SHALL CONSTITUTE FURTHER NOTICE TO ALL PER- SONS that all DroDertv within the boundaries of the Assessment Dis- trict has been assessed for the works of improvement for the above referenced Assessment Dis- trict iv the form as authorized pur- suant to the “Municipal Improve- ment Act of 1913’. being Division 12 ofthestreetsand HighwaysCodeof the State of California. For particulars, reference is made to Resolution of Intention No. 8376, adopted on the 28th day of January. 1988. for a ,descriptipn of the work and all other particulars in reference to this Assessment District. Dated: June 25. 1986 ALETHA L. RAUTENKRANZ City Clerk. City of Carlsbad - State of California CJ 4150: June 28.1988 newspaper and not in any supplement thereof on the following dates, to-wit: .......... .J.une. .?8?. ............ 1986.. ................................. 19 .... ................................. 19 ................................ 19 .... ................................. 19.. I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on day of June. 1986 t. h P 3 8 t. h 5 Clerk of the Phter