HomeMy WebLinkAbout1986-06-24; City Council; 8249-7; Award contract for College Blvd. Assessment6.
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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.
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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
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1 ' ; Page 2 of Agenda Bill No. Fa 49-&?
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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
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* ' I' Page 3 of Agenda Bill No.fJY7-g
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EXHIBITS:
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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
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‘1, ’ ’ LOCATION MAP
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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
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(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
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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
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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
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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
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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.
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AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES. None
ATTEST:
(SEAL)
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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 .
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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
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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.
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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.
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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
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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.
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.
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
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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.
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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.
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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
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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
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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
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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.
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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-
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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-
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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.
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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-
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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.
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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
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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
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................... ................... ................... ................... ................... ................... ................... ................... ...................
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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.
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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. $ASLER, Mayor ATTEST:
ALETHA L. RAUTE
(SEAL)
SCOPE OF WRY
PalcoServicer will:
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PROVIDE the necessary qualified porronnel, mquiprnent,
and aatrrial to conduct paleontological rnonitorinp
during prading of tho Collrpe Boulevard Extension.
Tho project dirmetor will be Themar FI. Denere of PaXdorvicrr
COlWkSl paiwntological firld nanitorinp, aicroforri 1
me- wrrhing, ad Corrtl rrlvr(pr, chrrinp tho - of tho grading pham
MCM kd vortr and caps at at1 t
+hid nark-
~
DE (I cmrtificato of liabSlt
of the PSnult- VQ
tr to thr- G&W
e& in .) t&nr
ough thm propW#, Ot Ohm Mty, will br
to a reimtifie it'mtitutisn with
ogical colloctiom tmuct, as the Sln Dingo
irtory Mumrum)
7%- .
The City- d Carlrrbad wills
PROVIDE nrcrrriry prrmirsion ad ~rrb +o tho
p*opcrr*Y.
PROICfm impmvcrlnmt plan8 (48 rcrf.rh M the rubjrct
mty ruitablm for timid Wertiq of forril
finds and for the final report.
3P
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COST
The cost of the salvage program dercribmd above shall
not exceed *34,660 for time and mrtrrirlr (given a proposmd grading schedule of 100, might-hour work days).
Fimld time - Monitorinp 0 +2l/hr*
1 pmrron full-time (+168/dry w tmt. . *16,800
1 pmrron half-time (SM/dry JC S-3 . e . 0.400
Sf - nPnitorina S25.200
Ffold time - Screen wrrhfna -16b& 2 parsons full-ti- (*ieB/d.ryl w E‘% Sm9 3.848
Total -.E&W~W~C~JIC -,040
Proparation I Transportation * Wslhr. e persons Cull ti- tS1eWd
Suppfirs 0 0 D
Thr uncclrtrinty of fossil u
rincr mvmn with careful plrnninp t)cly-muul; mfjl$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
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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.
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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
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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)
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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)
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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.
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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)
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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.
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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.
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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.
,
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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
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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
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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.
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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
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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
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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