HomeMy WebLinkAbout1995-07-11; City Council; 13242; La Costa Downs AD 92-01CITY OF CARLSBAD - AGENDA BILL
AB # )3;%% ASSESSMENT DISTRICT NO. 92-1
MTG. 7/l l/95 LA COSTA DOWNS CITY ATTY- w
DEPT. ENG ADOPTING BOUNDARY MAP, RESOLUTION OF INTENTION,
SETTING PUBUC HEARINGS & CALlJNG FOR BIDS CITY MGR. $W
RECOMMENDED ACTION:
1. Adopt Resolution No. 95-203 Making Appointments in a Special Assessment District.
2. Adopt Resolution No. 95 -20 Y Adopting a Map of Proposed Boundaries of a Special Assessment District.
3. Adopt Resolution No. 9 $ -205 Declaring Intention to Order Installation of Improvements, Describing District and Providing for the Issuance of Bonds.
4. Adopt Resolution No. c)S-Z% Preliminarily Approving the ‘Report’ of the Engineer and Setting Public Hearings.
5. Adopt Resolution No. 9c-aO9 Referencing Prevailing Wage Scale and Calling for
Construction Bids.
6. Adopt Resolution No. 9 5 -208 Approving a Consultant Agreement with La Costa Engineering.
ITEM EXPLANATION:
La Costa Downs is a very old subdivision with the final map was recorded in 1927. The property consists of 40 lots and is located immediately north of the Lanikai Mobile Home Park and just east of Carlsbad Boulevard. Because no streets or public utilities have been constructed, all 40 lots are still vacant today. These tots are currently owned by many different individuals, not one developer, making construction of improvements difficutt.
As lot sizes and street right-of-way widths do not meet current standards, a Specific Plan (SP 201) was approved on June 25, 1991. The plan required additional rights-of-way be dedicated.
On December 15, 1992, Council directed staff to proceed with the district pending receipt of sufficient funds to hire an assessment engineer. Additionally, all property owners were sent a detailed letter explaining the project, the cost, the process, and potential risks.
Since that time, the following has been accomplished:
1. Property owners contributed approximately $20,000 for assessment engineering services.
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An assessment engineer has been selected and hired by the City.
Property owners have hired a design engineer who has completed the plans and specifications.
4. Petitions to form an assessment district have been signed by 100% of the property owners and submitted to the City.
Page 2 of Agenda Bill No. 13, a‘fz
5. Deeds for all the required rights-of-way have been recorded.
6. Property owners have submitted additional funds and the City has hired an appraiser for the project.
7. An appraisal has been completed showing an appraised value of $5 million. This means that this proposed district would exceed the Council’s policy of at least a 4:l value-to-lien ratio.
6. Staff mat with the property owners and outlined where we are and the schedule of actions to be done. Owners are happy and eager to proceed with the district.
A large number of actions are included in the six (6) resolutions which are attached. A summary of the major actions is as follows:
1. Make appointments (bond counsel, underwriter, etc.)
2. Adopt a Boundary Map.
3. Declare intent to order improvements and sell bonds.
4. Preliminarily approve Engineer’s Report and set public hearings (August 15 81 September 5, 1995)
5. Advertise for bids for construction,
The law firm of Brown, Diven and Hentschke provides special legal counsel to the City for assessment districts and community facilities districts. Attorney Mat Brown has provided ongoing legal advice for the La Costa Downs project and staff is recommending the appointment of Brown, Diven & Hentschke as bond counsel to the district. The Special Counsel Agreement establishes a fee of $11,000 for legal services for the proposed district and is an exhibit to the resolution making appointments in a special assessment district.
This district will use 1911 Act bonds rather than 1915 Act bonds used on most of the recent assessment districts. Staff is recommending the selection of Stone & Youngberg as underwriters for the proposed issuance of 1911 Act bonds. One bond will be issued for each assessed property in the La Costa Downs assessment district. 1911 Act bonds are issued infrequently and Stone & Youngberg is one of the few underwriters with experience in this type of municipal bond. The City has worked with the Stone & Youngberg on several districts and found their services to be professional and adhering to the highest standards. Their underwriters discount is estimated at $30,000. At the time the City and underwriter negotiate the rate of interest (‘pricing”) for the bonds, staff will receive financial advice from Fieldman, Rolapp & Associates. Proposals were received from four firms and Fieldman was selected as financial advisor at a not-to-exceed cost of $2,000.
The firm of La Costa Engineering has completed the design of the project. An agreement is included so that the firm may be paid for its services from the proceeds of the district. The agreement is contingent on the formation of the district.
FISCAL IMPACT:
The La Costa Downs Assessment District Engineer’s Report shows an estimated cost for
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Page 3 of Agenda Bill No. J 3.2.q 2
construction and incidental expenses totaling $1.1 million. Previously incurred out-of- pocket costs have been funded from property owner contributions, with property owners contributing a total of $23,500 for the consulting assessment engineer and property appraisal. All remaining costs will be funded from the sale of 1911 Act bonds. Design engineer, attorney, underwriter, and financial advisor services are contingent upon the sale of the La Costa Downs bonds.
After issuance of the bonds, the General Fund will receive $3O,OOQ for administrative costs associated with the assessment district. The funding will reimburse the City for staff time leading up to the bond issue and for future administration of the district. Future administration includes invoicing each property owner bi-annually and remitting payment to bondholders, interface with potential buyers and appraisers, and maintaining records associated with the district. Administrative expenses related to 1911 Act bonds may not be charged to property owners as they are incurred and are typically funded prior to the bond issue. The General Fund will also receive payment for plan check fees, construction inspection, and other costs related to the district after the bonds are sold.
EXHIBITS:
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Location Map.
Order of Procedure.
Resolution No. 95-203 Making Appointments in a Special Assessment District.
Resolution No. 9 S-20 Y Adopting a Map of Proposed Boundaries of a Special Assessment District.
Resolution No. Q 5 -80 5 Declaring Intention to Order Installation of Improvements, Describing District and Providing for the Issuance of Bonds.
Resolution No. 9 4 cWb Preliminarily Approving the ‘Report” of the Engineer and
Setting Public Hearings.
Resolution No. 45 e 20 7 Referencing Prevailing Wage Scale and Calling for Construction Bids.
Resolution No. QI S - 20 Q’ Approving a Consultant Agreement with La Costa Engineering (agreement attached as Exhibit A).
Engineer’s Report (Cii Clerk and City Council only).
Proposed Boundary Map (Cl Clerk and City Council only).
Assessment Diagram (City Clerk and City Council only).
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3 LANIKAI LANE
* % MOBILE HOME PARK
I/r CONNECTS LOTS UNDER 4
COMMON OWNERSHIP City of Cuis&l
CITY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT I
/
ORDEdOFPROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 92-1
(LA COSTA DOWNS)
DATE OF MEETING: JULY 11, 1995
STAFF:
CITY COUNCIL:
CITY COUNCIL:
CITY COUNCIL:
STAFF:
CITY COUNCIL:
CITY COUNCIL:
General presentation as to boundaries of Assessment District and extent of works of
improvement.
Adopt RESOLUTION MAKING APPOINTMENTS:
Superintendent of Streets, newspaper, etc.
Formal appointment of
Adopt RESOLUTION ADOPTiNG PROPOSED BOUNDARY MAP: Formal action
approving boundaries of proposed Assessment District.
Adopt RESOLUTION OF INTENTION: Jurisdictional Resolution under “1913 Act”
proceedings, declaring intent to finance improvements through the issuance of bonds.
Presentation of Engineer’s “Report” pursuant to the provisions of “Municipal
Improvement Act of 1913”, consisting of the following:
- Plans
- Specifications
- Cost Estimate
- Assessment Roll
- Assessment Diagram
Adopt RESOLUTION PASSING ON REPORT AND SETTING PUBLIC HEARINGS:
Preliminary approval of the Engineer’s “Report” and sets date, time and place for two
(2) public hearings. *
Adopt RESOLUTION CALLING FOR CONSTRUCTION BIDS: Formal action
authorizing bidding on the works of improvement.
l **
EXHlBlT 2
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1 RESOLUTION NO. 95-203
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT 3 DISTRICT
4 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
5 CALIFORNIA, is considering the formation of a special assessment
6 district, pursuant to the terms and provisions of the "Municipal
7 Improvement Act of 1913", being Division 12 of the Streets and
8 Highways Code of the State of California, for the installation
9 of certain public works of improvement, together with
10 appurtenances and appurtenant work, said special assessment
11 district to be known and designated as ASSESSMENT DISTRICT NO.
12 92-l (LA COSTA DOWNS) (hereinafter referred to as the
13 "Assessment District"); and,
14 WHEREAS, at this time, this legislative body is desirous of
15 making the required appointments and designating persons to
16 perfOITa Certain duties, in order to allow the proceedings to go
17 forward to completion in accordance with the provisions of law.
18 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
19 SECTION 1. That the above recitals are all true and
20 correct.
21 SECTION 2. That the CITY ENGINEER is hereby appointed to
22 perform all of the duties and functions of the Superintendent of
23 Streets as said duties are specified and designated in the
24 "Municipal Improvement Act of 1913", being Division 12 of the
25 Streets and Highways Code of the State of California, for the
26 above-referenced Assessment District.
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SECTION 3. That the place for recordation of the
assessment roll and diagram shall be in the Office of the
Superintendent of Streets, and said assessment roll and diagram,
upon recordation, shall be kept as a permanent record.
SECTION 4. That JOHN POWELL 61 ASSOCIATES is hereby
appointed the Assessment Engineer for said proceedings, and said
Assessment Engineer shall perform. all of the duties and
responsibilities as set forth by law as they relate to said
Assessment District.
SECTION 5. That LA COSTA ENGINEERING is hereby appointed
as Design Engineer for purposes of providing all necessary plans
and specifications for the public works of improvement.
SECTION 6. That BROWN, DIVEN 61 HENTSCHKE, Attorneys at
Law, is hereby appointed to act as Bond Counsel for the purposes
of preparing proceedings and issuing an approving opinion
attesting to the validity of the proceedings and the
enforceability of the bonds, pursuant to the terms and
conditions of a Special Counsel Agreement submitted herewith,
which Agreement is hereby accepted and approved for execution on
behalf of the City.
SECTION 7. That FIELDMAN, ROLAPP & ASSOCIATES is hereby
appointed as Financial Consultant to assist in the sale of bonds
to be issued in order to finance said proceedings, and said
bonds are to be issued pursuant to the terms and provisions of
the '@Improvement Act of 1911 I1 being Division 7 of the Streets
and Highways Code of the State of California.
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SECTION 8. That STONE & YOUNGBERG is hereby appointed as
Underwriter in these proceedings and is hereby authorized to
submit a proposal to this legislative body for the purchase of
the bonds to be issued to finance the improvements.
SECTION 9. That this legislative body hereby establishes
a special IMPROVEMENT FUND designated by the name and number of
the Assessment District, and into said fund shall be placed all
proceeds from the sale of bonds and cash collections. In order
to expedite the improvements or acquisition under these
proceedings and as authorized by law, funds from any available
source may be transferred into said special fund. Any funds
transferred are a loan to the fund and shall be repaid out of
the proceeds of the sale of bonds as authorized by Section 10210
of the Streets and Highways Code of the State of California.
APPROVED and ADOPTED this 11th ,day of JULY /-) I
1995.
CITY OF CARLSBAD STATE OF CALIFORNIA
ATTEST:
CITY CLERK CITY OF CARLSBAD 1
STATE OF CALIFORNIA
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STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD
I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, 95-203 being Resolution No. / , was duly passed, approved and adopted
by the City Council, approved and signed by the Mayor, and
attested by the City Clerk, all at the regular meeting of said
City Council held on the 11th day of JULY , 1995,
and that the same was passed and adopted by the following vote:
AYES: COUNCIL MEMBERS Lewis, Kulchin, Finnila, Hall
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Nygaard
ABSTAIN: COUNCIL MEMBERS None
EXECUTED this 12th day of , 1995, at Jm,y
Carlsbad, California.
c CITY CLERK CITY OF CARLSBAD I
STATE OF CALIFORNIA
RESOLUTION NO. 95-204
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED 3 BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT
4 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
5 CALIFORNIA, has been presented and has received a map showing
6 and describing the boundaries of the area proposed .to be
7 assessed in an assessment district under the provisions and
8 authority of the "Municipal Improvement Act of 1913", being
9 Division 12 of the Streets and Highways Code of the State of
10 California; said assessment district known and designated as
11 ASSESSMENT DISTRICT NO. 92-l (LA COSTA DOWNS) (hereinafter
12 referred to as the "Assessment District").
13 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
14 SECTION 1. That the above recitals are all true and
15 correct.
16 SECTION 2. That a map of the Assessment District showing
17 the boundaries of the proposed Assessment District and lands and
18 property to be assessed to pay the costs and expenses of the
19 proposed installation andmaintenance of improvements designated
20 as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 92-l (LA
21 COSTA DOWNS)" is hereby submitted, and the same is hereby
22 approved and adopted.
23 SECTION 3. That the original map of said proposed
24 boundaries of the proposed Assessment District and one copy
25 thereof is to be filed in the Office of the City Clerk.
26 SECTION 4. A certificate shall be endorsed on the original
27 and on at least one copy of the map of the Assessment District,
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evidencing the date and adoption of this Resolution, and within
fifteen (15) days after the adoption of the Resolution fixing
the time and place of hearing on the formation or extent of said
Assessment District, a copy of said map shall be filed with the
correct and proper endorsements thereon with the County
Recorder, all in the manner and form provided in Section 3111 of
the Streets and Highways Code of the State of California.
APPROVED and ADOPTED this 11th day of JULY- ?
1995.
CITY OF CARLSBAD STATE OF CALIFORNIA
ATTEST:
CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA
STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD
I, ALETHA RADTENXRANZ, CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution,
being Resolution No. 95-204, was duly passed, approved and
adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the regular meeting of
said City Council held on the 11th day of JULY I
1995, and that the same was passed and adopted by the following
vote:
AYES: COUNCIL MEMBERS Lewis, Kulchin, Finnila, Hall
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Nygaard
ABSTAIN: COUNCIL MEMBERS None
EXECUTED this 12th day of
Carlsbad, California.
JULY , 1995, at
CITY CLERK CITY OF CARLSBAD 1
STATE OF CALIFORNIA
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RESOLUTION NO. 95-205
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS
THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public interest and convenience require, and
it is the intention of this body, pursuant to the provisions of
Division 12 of the Streets and Highways Code of the State of
California (the "Municipal Improvement Act 1913"), to order the
installation of certain public improvements, together with
appurtenances and appurtenant work, in a special assessment
district known and designated as ASSESSMENT DISTRICT NO. 92-l
(LA COSTA DOWNS) (hereinafter referred to as the "Assessment
District").
DESCRIPTION OF IMPROVEMENTS
A. The financing of certain public improvements
described as street improvements in FRANCISCAN ROAD (cul-de-
sac) t ANACAPA ROAD (cul-de-sac) and portions of DESCANCO
BOULEVARD, including storm drain improvements, sewer and
water facilities, and the undergrounding of electrical and
telephone facilities, together with appurtenances and
appurtenant work, all to serve and benefit the properties
within the boundaries of the Assessment District.
B. Said streets, rights-of-way and easements
shall be shown upon the plans herein referred to and to be
filed with these proceedings.
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C. All of said work and improvements are to be
installed at the places and in the particular locations, and
to the sizes, dimensions and materials, to the lines, grades
and elevations as shown and delineated upon the plans,
profiles and specifications, all to be made a part of the
Engineer's "Report".
D. The description of the improvements contained
in this Resolution is general in nature, and the plans and
profiles of the work as contained in the Engineer's "Report"
shall be controlling as to the correct and detailed
description thereof.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said improvements are of direct benefit to
the properties and land within the Assessment District, and this
legislative body hereby makes the expenses of said work and
improvement chargeable upon a district, which is described as
follows:
All that certain territory in the District
included within the exterior boundary lines shown on the plat
exhibiting the property benefited and to be assessed to pay the
costs and expenses of said work and improvements in the
Assessment District, said map titled "PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 92-l (LA COSTA DOWNS)18, and which map
was heretofore approved and which said map is on file with the
transcript of these proceedings, EXCEPTING therefrom the area
shown within the area of all public streets, easements or public
rights-of-way. For all particulars as to the boundaries of the
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Assessment District, reference is hereby made to said previously
approved boundary map.
REPORT OF ENGINEER
SECTION 3. That this proposed improvement is hereby
referred to JOHN POWELL & ASSOCIATES, who is hereby directed to
make and file a combined report as authorized by Section 2961 of
the Streets and Highways Code of the State of California, said
report to be in writing and contain the following:
A. Plans and specifications of the proposed
improvements;
B. An estimate of the cost of the proposed
works of improvement, including the cost of the incidental
expenses, in connection therewith;
C. A diagram showing the Assessment District
above referred to, which shall also show the boundaries and
dimensions of the respective subdivisions of land within said
Assessment District, as the same existed at the time of the
passage of the Resolution of Intention, each of which
subdivisions shall be given a separate number upon said Diagram;
D. A proposed assessment of the total amount
of the assessable costs and expenses of the proposed improvement
upon the several divisions of land in proportion to the
estimated benefits to be received by such subdivisions,
respectively, from said improvement. Said assessment shall
refer to such subdivisions upon said diagram by the respective
numbers thereof; .
E. The description of the works of improvement
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1 to be installed under these proceedings, and acquisition, where
2 necessary;
3 F. The total amount, as near as may be
4 determined, of the principal sum of any unpaid special
5 assessments previously levied or pending, other than those
6 contemplated in these proceedings;
7 G. The true value of the parcels of land and
8 improvements which are proposed to be assessed. Said true value
9 may be estimated as the full cash value of the parcels as shown
10 upon the last equalized assessment roll of the County.
11 When any portion or percentage of the cost and
12 expenses of the improvements is to be paid from sources other
13 than assessments, the amount of such portion or percentage shall
14 first be deducted from the total estimated costs and expenses of
15 said work and improvements, and said assessment shall include
16 only the remainder of the estimated costs and expenses. Said
17 assessment shall refer to said subdivisions by their respective
18 numbers as assigned pursuant to Subsection D. of this Section.
19 BONDS
20 SECTION 4. That it is hereby determined and declared that
21 serial bonds be issued in accordance with Division 7 of the
22 Streetk and Highways Code '("Improvement Act of 1911") to
23 represent each assessment of One Hundred Fifty Dollars ($150.00)
24 or more, remaining unpaid for thirty (30) days after the date of
25 recordation of the diagram and assessment for this improvement.
26 The serial bond shall extend over a period not to exceed
27 FOURTEEN (14) YEARS from the second day of January next
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succeeding the next September 1st following their date. The
interest rate on said bonds shall not exceed the current legal
maximum rate of 12% per annum.
The principal amount of the bonds maturing each
year shall be other than an amount equal to an even annual
proportion of the aggregate principal amount of the bonds, and
the amount of principal maturing in each year, plus the amount
of interest payable in that year, will be generally an aggregate
amount that is equal each year, except for the first year's
adjustment.
The first interest payment shall be payable on
the April 15th next succeeding the March 1st or October 15th
next succeeding the September lst, as the case may be, next
following the date of the bonds. The following interest
payments shall each be for six months interest and shall be
payable on each 15th day of April and October, the last interest
payment coming due on the October 15th immediately preceding the
last annual payment of the principal of the bonds issued to
represent the unpaid assessments.
Pursuant to the provisions of the Streets and
Highways Code of the State of California, specifically Section
10603; the Treasurer is hereby designated as the officer to
collect and receive the assessments during the cash collection
period. Said bonds further shall be serviced by the Treasurer.
BOND REDEMPTION AND DELINOUENCY
SECTION 5. The legislative body further elects to provide
that said bonds, upon redemption, shall provide a premium of
five percent (5%) on the unmatured principal, and said language
shall be added to the redemption clause in the bond form to
require the property owner to pay said premium in order to
discharge the obligation of the lien. This legislative body
further elects and declares that the first two percent (2%)
collected as a delinquency shall be retained as a cost for
servicing the delinquency, and the bond shall so declare that
said penalty shall be retained by the Treasurer.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 6. That except as herein otherwise provided for the
issuance of bonds, all of said improvements shall be made and
ordered pursuant to the provisions of the "Municipal Improvement
Act of 1913", being Division 12 of the Streets and Highways Code
of the State of California.
SURPLUS FUNDS
SECTION 7. That if any excess shall be realized from the
assessment, it shall be used, in such amounts as the legislative
body may determine, in accordance with the provisions of law for
one or more of the following purposes:
A. Transfer to the general fund; provided that
the amount of any such transfer shall not exceed the lesser of
One Thousand Dollars ($l,OOO,OO) or five percent (5%) of the
total from the Improvement Fund;
B. As a credit upon the assessment and any
supplemental assessment;
C. For the maintenance of the improvement; or
D. To call bonds.
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SPECIAJ, FUND
SECTION 8. The legislative body hereby establishes a
special improvement fund identified and designated by the name
of this Assessment District, and into said Fund monies may be
transferred at any time to expedite the making of the
improvements herein authorized, and any such advancement of
funds is a loan and shall be repaid out of the proceeds of the
sale of bonds as authorized by law.
PRIVATE CONTRACT
SECTION 9. Notice is hereby given that the public interest
will not be served by allowing the property owners to take the
contract for the installation of the improvements, and that, as
authorized by law, no notice of award of contract shall be
published.
GRADES
SECTION 10. That notice is hereby given that the grade to
which the work shall be done is to be shown on the plans and
profiles therefor, which grade may vary from the existing
grades. The work herein contemplated shall be done to the
grades as indicated on the plans and specifications, to which
reference is made for a description of the grade at which the
work is to be done. Any objections or protests to the proposed
grade shall be made at the public hearing to be conducted under
these proceedings.
PROCEEDINGS INOUIRIES
SECTION 11. For any and all information relating to these
proceedings, including information relating to protest
procedure, your attention is directed to the person designated
below:
RICHARD ALLEN CITY ASSESSMENT ENGINEER CITY OF CARLSBAD 2075 LAS PALMAS ROAD CARLSBAD, CA 92009 TELEPHONE: (619)438-1161, EXT. 4389
Written protests should be addressedtothe City
Clerk and mailed to the address listed below:
CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008
PUBLIC PROPERTY
SECTION 12. All public property in the use and performance
of a public function shall be omitted from assessment in these
proceedings unless expressly provided and listed herein.
PETITION/DIVISION 4 PROCEEDINGS
SECTION 13. A. That a petition signed by property owners
representing more than 60% in area of the property subject to
assessment for said improvement has been signed and filed with
the legislative body, and no further proceeding or actions are
required under Division 4 of the Streets and Highways Code of
the State of California, the I'Special Assessment Investigation,
Limitation and Majority Protest Act of 1931".
B. In order to provide detailed information
regarding the valuation of the properties, a combined Engineer's
"Report", as authorized by Section 2961 of the "Special
Assessment Investigation, Limitation and Majority Protest Act of
1931" will be on file with the transcript of these proceedings
and open for public inspection.
WORE ON PRIVATE PROPERTY
2 SECTION 14. It is hereby further determined to be in the
3 best public interest and convenience and more economical to do
4 certain work on private property to eliminate any disparity in
5 level or size between the improvements and the private property.
6 The actual cost of such work is to be added to the assessment on
7 the lot on which the work is done, and no work of this nature is
8 to be performed until the written consent of the property owner
9 is first obtained.
10 UTILITY IMPROVEMENTS
11 SECTION 15. This legislative body further proposes to enter
12 into Agreements with San Diego Gas & Electric Co. and Pacific
13 Bell, said Agreements setting forth certain terms and conditions
14 relating to the bidding and award of certain construction
15 contracts, as well as the ownership, management and control of
16 certain utility improvements, a copy of said Agreements shall
17 bet upon approval, on file in the Office of the City Clerk.
18 APPROVED and ADOPTED this
19 1995.
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21 CITY OF CARLSBAD ATTEST: STATE OF CALIFORNIA
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23 CITY CLERK 24 CITY OF CARLSBAD STATE OF CALIFORNIA
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STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD
I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution,
being Resolution No. 95-205, was duly passed, approved and
adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the regular meeting of
said City Council held on the 11th day of JULY f
1995, and that the same was passed and adopted by the following
vote:
AYES: COUNCIL MEMBERS Lewis, Kulchin, Finnila, Hall
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Nygaard
ABSTAIN: COUNCIL MEMBERS None
EXECUTED this 17th day of JULY I 1995, at
Carlsbad, California.
CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA
RESOLUTION NO. 95-206
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARINGS
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has instituted proceedings for the installation of
certain public works of improvement and appurtenances under
provisions of the "Municipal Improvement Act of 1913", being
Division 12 of the Streets and Highways Code of the State of
California, in a special assessment district known and
designated as ASSESSMENT DISTRICT NO. 92-l (LA COSTA DOWNS)
(hereinafter referred to as the "Assessment District"; and,
WHEREAS, there has been prepared and filed with the
legislative body a "Report" provided for in Sections 10203 and
10204 of the Streets and Highways Code of the State of
California, and this "Report" has been presented for
consideration; and,
WHEREAS, said "Report" is a combined "Report", consolidating
~the requirements of both the "Municipal Improvement Act of 1913"
and the "Special Assessment Investigation, Limitation and
Majority Protest Act of 1931"; and,
WHEREAS, a Resolution of Intention for this improvement was
lpreviously adopted by the legislative body; and the "Report" as
now presented shall stand as the "Report" for the purpose of
subsequent proceedings hereunder.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
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SECTION 2. That the "Report" of the Engineer referred to
hereinabove is adopted, passed upon, and preliminarily approved,
as follows:
A. That the plans and specifications for the
proposed improvements to be made, contained in said VVReport@* be,
and they are hereby preliminarily approved and adopted;
B. That the Engineer's estimate of the itemized
and total costs and expenses of the improvements and of the
incidental expenses in connection therewith contained in said
"Report'*, be, and each of them are hereby preliminarily approved
and adopted;
C. That the diagram showing the Assessment
District referred to and described in said Resolution of
Intention, and also the boundaries and dimensions of the
respective subdivisions of land within said Assessment District,
as the same existed at the time of the passage of said
Resolution of Intention, each of which subdivisions have been
given a separate number upon said diagram, as contained in said
"Report", be, and it is hereby preliminarily approved and
adopted;
D. That the proposed assessment upon the
severa- subdivisions of land in said Assessment District, in
proportion to the estimated benefits to be received by such
subdivisions, respectively, from said improvements, and of the
incidental expenses thereof, as contained in said **Reportl', be,
and they are hereby preliminarily approved and adopted; .
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E. That the descriptions of the works of
improvement contained in said "Report" be, and the same are,.
hereby preliminarily approved;
F. That the total amount of unpaid and/or
previously levied special assessments, sif any, as set forth,
are preliminarily approved;
G. That the valuation data, including the true
value of the land and improvement, as determined from the cash
values of the parcels as shown upon the last equalized
assessment roll of the County, is hereby preliminarily approved.
SECTION 3. That said "Report" shall stand as the Engineer's
"Report" for the purpose of all subsequent proceedings had
pursuant to said Resolution of Intention.
SECTION 4. NOTICE IS HEREBY GIVEN THAT TWO (2) PUBLIC
HEARINGS ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF
THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, AT .
THE FOLLOWING DATES AND TIMES:
A. FIRST PUBLIC HEARING: AUGUST 15, 1995 AT 6:00 P.M.
B. SECOND PUBLIC HEARING: SEPTEMBER 5, 1995 AT 6:OOP.M.
ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK,
OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO THE
PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD
NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF
INTENTION AND THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN
WRITING AND MUST BE DELIVERED TO THE CITY CLERK AT OR BEFORE THE
TIME SET FOR THE PUBLIC HEARING.
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IF A WRITTEN PROTEST IS FILED BY OWNERS OF MORE
THAN ONE-HALF OF THE AREA OF LAND TO BE ASSESSED, NO FURTHER
PROCEEDINGS SHALL BE TAKEN FOR A PERIOD OF ONE YEAR, UNLESS THE
PROTESTS ARE OVERRULED BY AN AFFIRMATIVE VOTE OF 4/5'S OF THE
MEMBERS OF THE LEGISLATIVE BODY, FINDING THAT THE PUBLIC HEALTH
AND SAFETY REQUIRE THE IMPROVEMENTS.
SECTION 5. That the City Clerk is hereby directed to mail
notice of said Public Hearings and the adoption of the
Resolution of Intention and of the filing of the "Report" to all
persons owning real property proposed to be assessed, whose
names and addresses appear on the last equalized assessment roll
for County taxes prior thereto, or as known to said City Clerk,
and to all other persons as prescribed in accordance with the
provisions of said Division 12.
SECTION 6. That the City Clerk is hereby further directed
to file a copy of the proposed boundary map in the Office of the
County Recorder within fifteen (15) days of the adoption of the
proposed boundary map; said boundary map to be in the manner and
form as set forth in Division 4.5 of the Streets and Highways
Code of the State of California.
APPROVED and ADOPTED this
1995.
CITY OF CARLSBAD ATTEST: STATE OF CALIFORNIA
CITY OF CARLSBAD STATE OF CALIFORNIA
1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO
2 CITY OF CARLSBAD
3 I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD,
4 CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution,
5 being Resolution No. 95-206, was duly passed, approved and
6 adopted by the City Council, approved and signed by the Mayor,
7 and attested by the City Clerk, all at-the regular meeting of
8 said City Council held on the 11th day of JULY I
9 1995, and that the same was passed and adopted by the following
10 vote:
11 AYES: COUNCIL MEMBERS Lewis, Kulchin, Finnila, Hall
12 NOES: COUNCIL MEMBERS None
13 ABSENT: COUNCIL MEMBERS Nygaard
14 ABSTAIN: COUNCIL MEMBERS None
15 EXECUTED this 12th day of JULY , 1995, at
16 Carlsbad, California.
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CITY CLERK I CITY OF CARLSBAD STATE OF CALIFORNIA
RESOLUTION NO. g5-207 -
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, _ CALIFORNIA, REFERENCING PREVAILING WAGE SCALE AND 3 DIRECTING CALL FOR CONSTRUCTION BIDS
4 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
5 CALIFORNIA, has heretofore instituted proceedings under the
6 provisions of.the "Municipal Improvement Act of 1913", being
7 Division 12 of the Streets and Highways Code of the State of
8 California, for the installation of certain public works of
9 improvement in a special assessment district known and
10 designated as ASSESSMENT DISTRICT NO. 92-l (LA COSTA DOWNS)
11 (hereinafte r referred to as the @@Assessment District',; and,
12 WHEREAS, at this time there have been submitted for final
13 review the plans and specifications for the works of improvement
14 for the Assessment District; and,
15 WHEREAS, it is the intention of the legislative body to also
16 call for sealed proposals or bids for the doing of said work and
17 improvements in said Assessment District; and,
18 WHEREAS, it is necessary to determine the prevailing rate
19 of wages for the various classifications of workmen required in
20 the performance of said work.
21 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
22 SECTION 1. That the above recitals are all true and
23 correct.
24 SECTION 2. That the plans and specifications for the works
25 of improvement in the Assessment District are hereby approved
26 and authorized for bidding.
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SECTION 3. That it is hereby determined and ascertained
that the general prevailing rate of per diem wages in the
locality in which said work described in the Resolution of
Intention is to be performed for each craft or type of workman
or mechanic needed to execute the contract, and also the general
prevailing rate for legal holiday and overtime work of each
craft or type of workman or mechanic, is in accordance with the
schedule obtained from the Director of Industrial Relations,
pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, and reference is hereby made to copies
thereof on file with the transcript of these proceedings, which
said copies are available to any interested party upon request.
Further a copy shall be posted at each job site during the
course of construction.
SECTION 4. That the proposals or bids shall be opened and
examined at a public meeting so called; and said results of the
bidding shall be reported at the next regular meeting of this
legislative body after the opening of the bids.
SECTION 5. That the terms and conditions for bidding
on the works of improvement for this Assessment District are as
set forth in full in the Bid Documents in the specifications as
previously approved. Reference is hereby made to said Bid
Documents, and specifically the "NOTICE INVITING SEALED
PROPOSALS, ASSESSMENT DISTRICT NO. 92-l (LA COSTA DOWNS). ,For
all particulars as to bidding, the Notice Inviting Sealed
Proposal& above-referenced and all incorporated documents and
laws, including but not limited to the "Municipal Improvement
Act of 1913", shall control.
SECTION 6. That it is hereby determined that in the
event the contractor, contracting owners included, if
applicable, does not complete the work within the time limit
specified in the contract or within the time limit as shall be
authorized, the contractor or contracting owners, as the case
may be, shall pay as liquidated damages the amount or amounts as
set forth in the specifications for the project, said amounts
herein referenced and so incorporated. That it is impractical
to determine the actual damage which will be sustained by reason
of such delay, but that the stated sum is a reasonable amount
for said liquidated damages and is not being imposed as a
penalty.
APPROVED and ADOPTED
JULY , 1995.
CITY OF CARLSBAD STATE OF CALIFORNIA
ATTEST:
CITY CLERK 1 CITY OF CARLSBAD STATE OF CALIFORNIA
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1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO 2 CITY OF CARLSBAD
3 I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD,
4 CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution,
5 being Resolution No. 95-207, was duly passed, approved and
6 adopted by the City Council, approved and signed by the Mayor,
7 and attested by the City Clerk, all at the regular meeting of 8 II said City Council held on the 11th day of JULY I
1995,
vote:
and that the same was passed and adopted by the following
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AYES: COUNCIL MEMBERS Lewis, Kulchin, Finnila, Hall
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Nygaard
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ABSTAIN: COUNCIL MEMBERS None
EXECUTED this 12th day of , 1995, at JULY
16 Carlsbad, California.
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19 CITY OF CARLSBAD STATE OF CALIFORNIA
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RESOLUTION NO. 95-208
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CAUFORNIA, APPROVING A CONSULTANT AGREEMENT WITH LA COSTA ENGINEERING FOR DESIGN SERVICES FOR ASSESSMENT
4 DISTRICT NO. 92-1 (LA COSTA DOWNS)
5 WHEREAS, the City Council of the City of Cartsbad, California, hereby finds it necessary,
6 desirable, and in the public interest to improve streets within Assessment District No. 92-l; and,
7 WHEREAS, the City Council of the City of Carl&ad, finds it necessary, desirable, and in
8 the public interest to direct preparation of plans, specifications, and cost estimates for the said
9 improvements; and,
10 WHEREAS, payment of fees under the consultant agreement is subject to receipt of funds
11 from the sale of bonds and contingent upon the formation of a special assessment district.
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
13 California, as follows:
14 1. That the above recitations are true and correct.
15 2. That a consultant agreement between the City of Carlsbad and La Costa Engineering,
16 a copy of which is attached as Exhibit A, is hereby approved and the Mayor is authorized and
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of the signed agreement to La Costa Engineering, 2382 Camino Vida Roble, Carlsbad,
CA 92009, as well as the Engineering Department.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 11 th day of JULY , 1995 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Hall
NOES: None
ABSENT: Council Member Nygaard
ATTEST:
, A
ALETHA L RAUTENKRANZ, City C
AGREEMENT FOR
DESIGN SERVICES FOR PREPARATION OF PLANS
FOR LA COSTA DOWNS IMPROVEMENTS
THIS AGREEMENT, made and entered into as of the Cl I-+ day of WL\( ,
19 6, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as “City”, and LA COSTA ENGINEERING, hereinafter referred to as
“Contractor.”
RECITALS
City requires the services of a Civil Engineering Contractor to provide the
necessary design services for preparation of plans for La Costa Downs Improvements;
and Contractor possesses the necessary skills and qualifications to provide the services
required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
Contractor shall:
A. Prepare grading plans, improvement plans, specifications, and cost
estimate for street improvements within the proposed La Costa Downs
Assessment District boundaries.
B. Prepare legal descriptions and plats for road, utility, and drainage
easements required for above improvements.
rev.6/1/85
2. CITY OBLIGATIONS
The City shall:
A. Provide a copy of the City Engineering Standards to Contractor.
8. Coordinate plans with Assessment Engineer.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within one hundred twenty (120)
days of that date. Extensions of time may be granted if requested by the Contractor and
agreed to in writing by the City Engineer. 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 th8 Contractor, or delays caused by City inaction or other
agencies’ lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $41,877. No other
compensation for services will be allowed except those items covered by supplemental
agreements per Paragraph 8, “Changes in Work.” The City resenfes the right to withhold
a ten percent (10%) retention until the project has been accepted by the City.
Incremental payments, if applicable, should be mad8 as outlined in attached
Exhibit “A.”
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The
contract may be extended by the City Manager for one (1) additional one (1) year
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periods or parts thereof, based upon a review of satisfactory performance and the City’s
needs. The parties shall prepare extensions in writing indicating effective date and length .
of the extended contract.
6. PAYMENT OF FEES
Payment of fees to Contractor under this agreement is subject to receipt of funds
from the sale of bonds and contingent upon the formation of a special assessment
district by the City Council.
Upon the sale of bonds, Contractor shall submit his/her invoice for the work
performed. Payment of approved items on the invoice shall be mailed to the Contractor
within thirty (30) days after receipt of invoice.
7. FINAL SUBMISSIONS
Within ten (10) days of completion and approval of the plans, the Contractor shall
deliver to the City the following items:
A. Original plans, specifications, and cost estimate.
6. Original plats and legal descriptions for easements.
0. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
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charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any company
or person, other than a bona fide employee working for the Contractor, to solicit or
secure this agreement, and that Contractor 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 of 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.fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractors failure to prosecute, deliver, or perform the work
as provided for in this contract, the City may terminate this contract for nonperformance
by notifying the Contractor by certified mail of the termination of the contractor. The
Contractor, thereupon, has five (5) working days to deliver said documents owned by the
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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 the Contractor has performed which is usable and of worth to the City in
having the contract completed. Based upon that finding as reported to the City
Manager, the Manager shall determine the final payment of the contract.
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 the City, the Contractor 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, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City shall make the final determination as to the portions of tasks completed and the
compensation to be made.
12. 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
othennrise 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 Contractor 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
rev.f3/1/Q5
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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.
13. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractors own
way as an independent contractor and in pursuit of Contractor’s independent calling, and
not as an employee of the City. Contractor shall be under control of the City only as to
the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by theContractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or his/her employees or subcontractors. The
City shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or his/her employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers’
compensation payment which the City may be required to make on behalf of the
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Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform and
Control Act of 1986 and shall comply with those requirements, including, but not limited
to, verifying the eligibility for employment of all agents, employees, subcontractors and
Consultants that are included in this agreement.
14. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
15. 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,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for his/her records.
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16. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work .
pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims
to such copyrights in favor of City.
17. HOLD HARMLESS AGREEMENT
The City, its elected and appointed 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
any intentional or negligent acts, errors or omissions of Contractor or Contractor’s
agents, employees, or representatives.
Furthermore, Contractor agrees to defend, indemnify, protect, and hold free and
harmless the City and its elected and appointed officers and employees against any
claims for damages, liabilities, penalties or fines, costs or expenses, including liabilities
or claims by reason of alleged defects in any plans and specifications arising out of the
conduct of the Contractor or any agent or employee, subcontractors, or others in
connection with the execution of the work covered by this agreement, except only for
those claims arising from the sole negligence or sole willful conduct of the City, or its
elected and appointed officers and employees.
Furthermore, Contractor agrees to defend, indemnify, protect, and hold free and
harmless the City and its elected and appointed officers and employees against any
claims for damages, liabilities, penalties or fines, costs or expenses, including liabilities
or claims by reason of alleged defects in any plans and specifications arising out of or
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connected with the negligent conduct of the Contractor or any agent or employee,
subcontractors, or others in connection with the execution of the work covered by this
agreement.
Contractors indemnification shall include any and all costs, expenses, attorneys
fees and liability incurred by the City, its officers, agents, or employees in defending
against such claims, whether the same proceed to judgment or not.
Consultant shall at its own expense, upon written request by the City, defend any
such suit or action brought against the City, its officers, agents or employees.
Contractors indemnification of City shall not be limited by any prior or subsequent
declaration by the Contractor.
18. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies due
thereunder without the prior written consent of the City.
19. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall create
any contractual relationship between any subcontractor of Contractor and the City. The
Contractor shall bind every subcontractor and every subcontractor of a subcontractorby
the terms of this contract applicable to Contractor’s work unless specifically noted to the
contrary in the subcontract in question approved in writing by the City.
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20. 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 this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shalt become directly
or indirectly interested personally in this contract or any part thereof.
21. 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 entitle the Contractor to any additional
payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties hereto,
and each of their respective heirs, executors, administrators, successors, and assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written above.
24. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City’s conflict of interest code. The disclosure
category shall be category 1.
rev.%/1 /Q5
10
25. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work hereunder
by the contractor, his agents, representatives, employees or subcontractors. Said
insurance shall be obtained from an insurance carrier admitted and authorized to do
business in the State of California. The insurance carrier is required to have a current
Best’s Key Rating of not less than “A-V’ and shall meet the City’s policy for insurance
as stated in Resolution No. 91403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1 $00,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily
injury and property damage. 1
rev.6/1/05
11
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employers Liability limits of $l,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession, with a discovery period of not less than 12 months after
completion of work or termination of contract. $1 ,000,OOO per occurrence.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation.
2. The contractor shall furnish certificates of insurance to the City before
commencement of work.
3. The contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The contractor is
responsible for any payments made by the City to obtain or maintain such insurance and
rev.6/1/95
12
the City may collect the same from the contractor or deduct the amount paid from any
sums due the contractor under this agreement.
26. RESPONSIBLE PARTIES
The name of the persons who are author&d to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with the
foregoing are as follows:
For City: Title Princioal Civil Enaineer
Address Citv of Carlsbad
2075 Las Palmas Drive
Carlsbad. CA 92009
For Contractor:
Name Martell B. Montaomerv
Address La Costa Enaineerina
2382 Camino Vida Rob18
Carlsbad. CA 92009
rev.6/1/Q5
13
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the COntraCt.
Executed by Contractor this ,p dayof o”uly ,19%.
CONTRACTOR:
LA COSTA ENGINEERING
CllY OF CARLSBAD, a municipal
corporation of the State of Calif
9 B
(sign here) I(//
Al-l-EST:
(title and organization of signatory)
ALETHA L. RAUiENKRANZ
No. 51
State of i/dLJFii2-!c)/L’i 4
County of :,&n_i f)i& g:c7
DATE
before me, t(t%&d A- f%&i?/E& n/e7&i?Y f%ijG
NAME, TITLE OF OFFICER. E.G., -JANE DOE. NOTARY PtJBLtC
personally appeared /I -J/-J /,,TE CL. ES. /Y7@4iI~Of?7E.&>/
NAME(S) OF SIGNER(S) I
a personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)@are
subscribed to the within instrument andac-
EN L. ALLGEIER signature(s) on the instrument the person(s),
h COMM. #974987 a~
CAUFCRNIA - . ..-_ 3
or the entity upon behalf of which the
person(s) acted, executed the instrument.
1696 -I WITNESS my hand and official seal.
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document
0 INDIVIDUAL
0 CORPORATE OFFICER(S)
TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 Al-l-ORNEY-IN-FACT
q TRUSTEE(S)
c] GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY~ltSI
I SIGNATURE OF NOTAR+
OPTIONAL SECTION
THIS CERTIFICATE MUST BE AlTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested here is not required by law,
it could orevent lraudulent reattachment 01 this form. SIGNER(S) OTHER THAN NAMED ABOVE
27. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
Executed by Contractor this p dayof w ,19Bb.
CONTRACTOR:
LA COSTA ENGINEERING
CITY OF CARLSBAD, a municipal
corporation of the State of Calif
/ By: c/m, B
(sign here) ti v(//
t-tmJm=tim
ATTEST:
(title and organization of signatory)
City Clerk
(Proper notarial acknowledgment of’execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
APPROVED AS TO FORM:
. .
RONALD R. BALL
City Attorney
14
AGREEMENT FOR
DESIGN SERVICES FOR PREPARATION OF PLANS
FOR LA COSTA DOWNS IMPROVEMENTS
THIS AGREEMENT, made and entered into as of the day of 1
19 8 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as “City”, and LA COSTA ENGINEERING, hereinafter referred to as
“Contractor.”
RECITALS
City requires the services of a Civil Engineering Contractor to provide the
necessary design services for preparation of plans for La Costa Downs Improvements;
and Contractor possesses the necessary skills and qualifications to provide the services
required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
Contractor shall:
A.
B.
Prepare grading plans, improvement plans, specifications, and cost
estimate for street improvements within the proposed La Costa Downs
Assessment District boundaries.
Prepare legal descriptions and plats for road, utility, and drainage
easements required for above improvements.
rev.e/l/QS
2. CITY OBLIGATIONS
The City shall:
A. Provide a copy of the City Engineering Standards to Contractor.
B. Coordinate plans with Assessment Engineer.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within one hundred twenty (120)
days of that date. Extensions of time may be granted if requested by the Contractor and
agreed to in writing by the City Engineer. 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 Contractor, or delays caused by City inaction or other
agencies’ lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $41,877. No other
compensation for services will be allowed except those items covered by supplemental
agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold
a ten percent (10%) retention until the project has been accepted by the City.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit “A.” e
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The
contract may be extended by the City Manager for one (1) additional one (1) year
2
rev.6/1/05
38
periods or parts thereof, based upon a review of satisfactory performance and the City’s
needs. The parties shall prepare ,extensions in writing indicating effective date and length
of the extended contract.
6. PAYMENT OF FEES
Payment of fees to Contractor under this agreement is subject to receipt of funds
from the sale of bonds and contingent upon the formation of a special assessment
district by the City Council.
Upon the sale of bonds, Contractor shall submit his/her invoice for the work
performed. Payment of approved items on the invoice shall be mailed to the Contractor
within thirty (30) days after receipt of invoice.
7. FINAL SUBMISSIONS
Within ten (10) days of completion and approval of the plans, the Contractor shall
deliver to the City the following items:
A. Original plans, specifications, and cost estimate.
B. Original plats and legal descriptions for easements.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
3
rev.6/1/05
37
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any company
ur person, other than a bona fide employee working for the Contractor, to solicit or
secure this agreement, and that Contractor 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 of 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 fees, gift, or contingent fee.
IO. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the City may terminate this contract for nonperformance
by notifying the Contractor by certified mail of the termination of the contractor. The
Contractor, thereupon, has five (5) working days to deliver said documents owned by the
4
rev.B/lfQS
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 the Contractor has performed which is usable and of worth to the City in
having the contract completed. Based upon that finding as reported to the City
Manager, the Manager shall determine the final payment of the contract.
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 the City, the Contractor 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, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City shall make the final determination as to the portions of tasks completed and the
compensation to be made.
12. 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 Contractor or the City
Engineer. A copy of such documented dispute shall be fonnrarded 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
rev.e/l /Q5
5
thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall
be fonrvarded 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.
13. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent contractor and in pursuit of Contractor’s independent calling, and
not as an employee of the City. Contractor shall be under control of the City only as to
the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or his/her employees or subcontractors. The
City shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or his/her employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers’
compensation payment which the City may be required to make on behalf of the
8
rev.t3/l/QS
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform and
Control Act of 1986 and shall comply with those requirements, including, but not limited
to, verifying the eligibility for employment of all agents, employees, subcontractors and
Consultants that are included in this agreement.
14. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
15. 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,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shil have the right to make one (1) copy.of the plans for his/her records.
rev.B/l/QS
7
43
16. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims
to such copyrights in favor of City.
17. HOLD HARMLESS AGREEMENT
The City, its elected and appointed 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
any intentional or negligent acts, errors or omissions of Contractor or Contractor’s
agents, employees, or representatives.
Furthermore, Contractor agrees to defend, indemnify, protect, and hold free and
harmless the City and its elected and appointed officers and employees against any
claims for damages, liabilities, penalties or fines, costs or expenses, including liabilities
or claims by reason of alleged defects in any plans and specifications arising out of the
conduct of the Contractor or any agent or employee, subcontractors, or others in
connection with the execution of the work covered by this agreement, except only for
those claims arising from the sole negligence or sole willful conduct of the City, or its
elected and appointed officers and employees.
Furthermore, Contractor agrees to defend, indemnify, protect, and hold free and
harmless the City and its elected and appointed officers and employees against any
claims for damages, liabilities, penalties or fines, costs or expenses, including liabilities
or claims by reason of alleged defects in any plans and specifications arising out of or
8
rev. U/l 195
connected with the negligent conduct of the Contractor or any agent or employee,
subcontractors, or others in connection with the execution of the work covered by this
agreement.
Contractor’s indemnification shall include any and all costs, expenses, attorneys
fees and liability incurred by the City, its officers, agents, or employees in defending
against such claims, whether the same proceed to judgment or not.
Consultant shall at its own expense, upon written request by the City, defend any
such suit or action brought against the City, its officers, agents or employees.
Contractor’s indemnification of City shall not be limited by any prior or subsequent
declaration by the Contractor.
10. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies due
thereunder without the prior written consent of the City.
19. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons direct& employed by Contractor. Nothing contained in this contract shall create
any contractual relationship between any subcontractor of Contractor and the City. The
Contractor shall bind every subcontractor and every subcontractor of a subcontractor by
the terms of this contract applicable to Contractor’s work unless specifically noted to the
contrary in the subcontract in question approved in writing by the City.
rev.f3/1/95
9
20. 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 this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become directly
or indirectly interested personally in this contract or any part thereof.
21. 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 entitle the Contractor to any additional
payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties hereto,
and each of their respective heirs, executors, administrators, successors, and assigns.
23. EFFECTIVE DATE l
This agcsement shall be effective on and from the day and year first written above.
24. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City’s conflict of interest code. The disclosure
category shall be category 1.
rev.WIQ5
10
25. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work hereunder
by the contractor, his agents, representatives, employees or subcontractors. Said
insurance shall be obtained from an insurance carrier admitted and authorized to do
business in the State of California. The insurance carrier is required to have a current
Best’s Key Rating of not less than “A-:v” and shall meet the City’s policy for insurance
as stated in Resolution No. 91403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2 Automobile Liability (if the use of an automobile is involved for
contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily
injury and property damage.
rev.6/1/05
11
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $l,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession, with a discovery period of not less than 12 months after
completion of work or termination of contract. $1 ,000,OOO per occurrence.
8. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation.
2. The contractor shall furnish certificates of insurance to the City before
commencement of work.
3. The contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5 If the contractor fails to maintain any ofthe insurance coverages
required herein, then the City will have the option to declare the contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required cover-ages may be maintained. The contractor is
responsible for any payments made by the City to obtain or maintain such insurance and
rev.6/l/Q5
12
the City may collect the same from the contractor or deduct the amount paid from any
sums due the contractor under this agreement.
26. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive .
written notice on behalf of the City and on behalf of the Contractor in connection with the
foregoing are as follows:
For City: Title Princioal Civil Enaineer
Address Citv of Car&bad
2075 Las Palmas Drive
Carlsbad. CA 92009
For Contractor: Title President
Name Mar-tell B. Montaomerv
Address La Costa Enaineerina
2332 Camino Vida Roble
Carisbad. CA 92009
13
49
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
Executed by Contractor this day of
CONTRACTOR: CITY OF CARLSBAD, a municipal
corporation of the State of California
LA COSTA ENGINEERING
. . By: By:
(sign here) City Manager or Mayor
(print name here)
Al-TEST:
(title and organization of signatory)
By:
(sign here)
(print name here)
ALETHA L. RAUTENKRANZ
City Clerk
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY Deputy City Attorney
rev.8/1 IQ5
14
AGREEMENT FOR
DESIGN SERVICES FOR PREPARATION OF PLANS
FOR IA COSTA DOWNS IMPROVEMENTS
THIS AGREEMENT, made and entered into as of the 11 I-+ day of Zulu ,
19 6, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as “City”, and LA COSTA ENGINEERING, hereinafter referred to as
“Contractor.”
RECITALS
City requires the services of a Civil Engineering Contractor to provide the
necessary design services for preparation of plans for La Costa Downs Improvements;
and Contractor possesses the necessary skills and qualifications to provide the services
required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
Contractor shall:
A. Prepare grading plans, improvement plans, specifications, and cost
estimate for street improvements within the proposed La Costa Downs
Assessment District boundaries.
6. Prepare legal descriptions and plats for road, utility, and drainage
easements required for above improvements.
rev.t3/1/05
2. CITY OBLIGATIONS
The City shall:
A. Provide a copy of the City Engineering Standards to Contractor.
B. Coordinate plans with Assessment Engineer.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within one hundred twenty (120)
days of that date. Extensions of time may be granted if requested by the Contractor and
agreed to in writing by the City Engineer. 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 Contractor, or delays caused by City inaction or other
agencies’ lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $41,877. No other
compensation for services will be allowed except those items covered by supplemental
agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold
a ten percent (10%) retention until the project has been accepted by the City.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit ‘A.”
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The
contract may be extended by the City Manager for one (1) additional one (1) year
rev.6/1/95
periods or parts thereof, based upon a review of satisfactory performance and the City’s
needs. The parties shall prepare extensions in writing indicating effective date and length
of the extended contract.
6. PAYMENT OF FEES
Payment of fees to Contractor under this agreement is subject to receipt of funds
from the sale of bonds and contingent upon the formation of a special assessment
district by the City Council.
Upon the sale of bonds, Contractor shall submit his/her invoice for the work
performed. Payment of approved items on the invoice shall be mailed to the Contractor
within thirty (30) days after receipt of invoice.
7. FINAL SUBMISSIONS
Within ten (10) days of completion and approval of the plans, the Contractor shall
deliver to the City the following items:
A. Original plans, specifications, and cost estimate.
B. Original plats and legal descriptions for easements.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the ,City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
rev.6/1/05
3
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any company
or person, other than a bona fide employee working for the Contractor, to solicit or
secure this agreement, and that Contractor 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 of 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 fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the City may terminate this contract for nonperformance
by notifying the Contractor by certified mail of the termination of the contractor. The
Contractor, thereupon, has five (5) working days to deliver said documents owned by the
rev.6/1/95
4
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 the Contractor has performed which is usable and of worth to the City in
having the contract completed. Based upon that finding as reported to the City
Manager, the Manager shall determine the final payment of the contract.
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 the City, the Contractor 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, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City shall make the final determination as to the portions of tasks completed and the
compensation to be made.
12. 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 Contractor 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
rev.6/1/05
5
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 Cffice 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.
13. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent contractor and in pursuit of Contractor’s independent calling, and
not as an employee of the City. Contractor shall be under control of the City only as to
the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by theContractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or his/her employees or subcontractors. The
City shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or his/her employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers’
compensation payment which the City may be required to make on behalf of the
rev.6/1/95
6
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform and
Control Act of 1986 and shall comply with those requirements, including, but not limited
to, verifying the eligibility for employment of all agents, employees, subcontractors and
Consultants that are included in this agreement.
14. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
15. 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,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for his/her records.
rev.6/1/95
7
16. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims
to such copyrights in favor of City.
17. HOLD HARMLESS AGREEMENT
The City, its elected and appointed 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
any intentional or negligent acts, errors or omissions of Contractor or Contractor’s
agents, employees, or representatives.
Furthermore, Contractor agrees to defend, indemnify, protect, and hold free and
harmless the City and its elected and appointed officers and employees against any
claims for damages, liabilities, penalties or fines, costs or expenses, including liabilities
or claims by reason of alleged defects in any plans and specifications arising out of the
conduct of the Contractor or any agent or employee, subcontractors, or others in
connection with the execution of the work covered by this agreement, except only for
those claims arising from the sole negligence or sole willful conduct of the City, or its
elected and appointed officers and employees.
Furthermore, Contractor agrees to defend, indemnify, protect, and hold free and
harmless the City and its elected and appointed officers and employees against any
claims for damages, liabilities, penalties or fines, costs or expenses, including liabilities
or claims by reason of alleged defects in any plans and specifications arising out of or
rev.t3/1 I85
8
connected with the negligent conduct of the Contractor or any agent or employee,
subcontractors, or others in connection with the execution of the work covered by this
agreement.
Contractor’s indemnification shall include any and all costs, expenses, attorneys
fees and liability incurred by the City, its officers, agents, or employees in defending
against such claims, whether the same proceed to judgment or not.
Consultant shall at its own expense, upon written request by the City, defend any
such suit or action brought against the City, its officers, agents or employees.
Contractor’s indemnification of City shall not be limited by any prior or subsequent
declaration by the Contractor.
18. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies due
thereunder without the prior written consent of the City.
19. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall create
any contractual relationship between any subcontractor of Contractor and the City. The
Contractor shall bind every subcontractor and every subcontractor of a subcontractor by
the terms of this contract applicable to Contractor’s work unless specifically noted to the
contrary in the subcontract in question approved in writing by the City.
rev.6/1/S5
9
20. 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 this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become directly
or indirectly interested personally in this contract or any part thereof.
21. 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 entitle the Contractor to any additional
payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties hereto,
and each of their respective heirs, executors, administrators, successors, and assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written above.
24. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in.
accordance with the requirements of the City’s conflict of interest code. The disclosure
category shall be category 1.
10
rev.6/1/05
25. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work hereunder
by the contractor, his agents, representatives, employees or subcontractors. Said
insurance shall be obtained from an insurance carrier admitted and authorized to do
business in the State of California. The insurance carrier is required to have a current
Best’s Key Rating of not less than “A-%” and shall meet the City’s policy for insurance
as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily
injury and property damage.
rev.8/1/05
11
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $l,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession, with a discovery period of not less than 12 months after
completion of work or termination of contract. $1 ,OOO,OOO per occurrence.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation.
2. The contractor shall furnish certificates of insurance to the City before
commencement of work.
1 3. The contractor shall obtain occurrence coverage, excluding
‘Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The contractor is
responsible for any payments made by the City to obtain or maintain such insurance and
rev.6/1/05
12
the City may collect the same from the contractor or deduct the amount paid from any
sums due the contractor under this agreement.
26. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with the
foregoing are as follows:
For City:
For Contractor:
Title Princioal Civil Enaineer
Name Richard H. Allen. Jr.
Address Citv of Carlsbad
2075 Las Palmas Drive
Carlsbad. CA 92009
Title President
Name Martell B. Montaomerv
Address La Costa Enoineerina
2382 Camino Vida Roble
Carlsbad. CA 92009
rev.6/1/95
13
27. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration,of the contract.
Executed by Contractor this ,p dayof w ,19x.
CONTRACTOR:
IA COSTA ENGINEERING
CITY OF CARLSBAD, a municipal
corporation of the State of Ca
By: w, 1 B
(sign here) 4 VW
tiaJTw.b
ATTEST:
(title and organization of signatory)
ALETHA L. RAUiENKRANZ
MJFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193
State of C 'r4I_lkXk!cL'i 4
County of :id/: I l)i& &--0
On j--/ 1 - ii’s
DATE before me,
~ 1
tM%A~ .L l-kL~E/E~ JUOTLIL? y f?‘-I&y-y
NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC
personally appeared l~W~,,i-i’ cc. \B /?9;loni 7&m95&)/
NAME(S) OF SIGNER(S)
q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)@are
subscribed to the within instrument ansac-
knowledged to me tha@she/they executed
the same in @her/their uthorized
capacity(ies), and that by -is her/their 43 signature(s) on the instrument the person(s),
or the entity upon behalf of which the
persan(s) acted. executed the instrument
VATlrE5S m/ hand and o%cid -aa.
yF-qw?-L~~ c&J @-Ad I SIGNATURE OF NOTAfd
-OPTlONALSECTlON-
CAPACITY CLAIMED BY SIGNER
Though sfatule does not require the Notary to
lill in the data below, doing so may prove
invaluable to persons relying on the document.
0 INDIVIDUAL
q CORPORATE OFFICER(S)
TITLE(S)
0 PARTNER(S) 0 LIMITED
l--l GENERAL
0 ATTORNEY-IN-&T
q TRUSTEE(S)
17 GUARDIAN/CONSERVATOR
cl OTHER:
OPTIONAL SECTION
THIS CERTIFICATE MUST BE AlTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT
Though the dais requested here is not required by law.
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
:~1893 NATIONAL NOTARY ASSOCIATION * 8236 Remmef Ave. P 0 Box 7164 - Canonn Park CA 913rl’7 711
27. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
Executed by Contractor this p dayof w ,19?6.
CONTRACTOR: CITY OF CARLSBAD, a municipal
LA COSTA ENGINEERING
By: m,< f (sign here) - vu
t-bwrwwm
ATTEST:
(title and organization of signatory)
\
(print name here)
ALETHA L. RAUTENKRANZ
City Clerk
(title and organization of SI tory)
“t (Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
APPROVED AS TO FORM:
c*
RONALD R. BALL
City Attorney
BY i2.L
l&qmty+ity Attorney 7 l / L k ‘7 $7 .
rev.6/1/05
14
BONDCOUNSELAGREEMENT
THIS AGREEMENT is made and entered into this 12th day of JULY 1995, by and
between the CITY OF CARLSBAD, CALIFORNIA, a municipal corporation (hereinafter’referred to as
“City”), and BROWN, DIVEN & HENTSCHKE (hereinafter referred to as ‘Counsel”).
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
SECTION 1. That Counsel shall perform legal services in connection with the proposed assessment
proceedings and bond issuance in the matter of a proposed special assessment district
known and designated as ASSESSMENT DISTRICT NO. 92-l (LA COSTA DOWNS)
(hereinafter referred to as the “Assessment District”) under proceedings conducted
pursuant to the provisions of the “Municipal improvement Act of 1913”, being Division
12 of the Streets and Highways Code of the State of California.
Said services shall include:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
Review of the dedication and acquisition of the streets and easements and other
property in which work is proposed to be performed;
Examination of the plans and specifications for the proposed work, the boundary
map and assessment diagram of the Assessment District, the assessment roll and
bonds, and the giving of instructions and advice in connection with the foregoing;
Recommendations as to procedure, schedules and actions that should be
conducted and taken; .
Preparation of all resolutions, notices, contracts, bond forms, and other papers and
documents required in the proceedings;
Examination of the proceedings, step by step, as taken;
Appear at all hearings under the proceedings, and attend any meeting where
attendance is requested;
Participate with the City’s financing team to determine the structure of the bond
issue(s);
Assisting in the preparation of the official statement and supporting documentation
relating to the offering for sale of the bonds;
Consulting with the underwriter, their legal counsel, rating agencies and credit
enhancement providers;
Consulting with the trustee or fiscal agent and their counsel;
Perform legal services, if required, pursuant to the provisions of the “Special
Assessment Investigation, Limitation and Majority Protest Act of 1931”, being
Division 4 of the Streets and Highways Code of the State of California;
L. Issuance of an approving legal opinion attesting to the validity of the proceedings
and the issuance of the bonds.
M. Providing any necessary supplemental legal opinions as to the applicability of the
registration requirements of federal securities laws and other matters related to the
issuance of the bonds; provided, however, such opinions do not include the
rendering of a lo(b)5 opinion regarding the official statement.
SECTION 2. That the City shall perform as follows:
A. Furnish to Counsel such maps, records, title searches, and other documents and
proceedings, or certified copies thereof, as are available and may be reasonably
required by Counsel in the performance of the services hereunder;
B. Pay to Counsel a fee computed on the confirmed assessment as follows:
ONE PERCENT (1%) of the first $1 ,OOO,OOO;
ONE-HALF PERCENT (l/2%) from $1 ,OOO,OOl to $7500,000
ONE-QUARTER PECENT (l/4%) from $7500,001 to $15,000,000
ONE-EIGHTH PERCENT (l/8%) on the balance thereof, with a
minimum fee of $7,500.00.
If temporary bond anticipation notes are issued, the fee shall be twenty-five percent
(25%) of the fee as above set forth, but not less than $2,500.00, unless a different
fee has been mutually agreed upon between the parties.
C. Payment of either of the above-referenced fees shall be as follows:
All due and payable upon receipt of money from the sale and delivery of bonds and/or
notes to the successful underwriter.
SECTION 3. The fees specified in Section 2 above do not include any services in connection with
the acquisition, by contract or condemnation, of any easements or other property
necessary for the District, or any services in connection with any other litigation.
Upon written request, Counsel will handle appurtenant legal matters relating to said
project, including, but not limited to, the following:
A. Environmental proceedings;
B. Acquisition of property by negotiation or condemnation;
C. Litigation challenging the validity of the proceedings;
D. Extraordinary services after Assessment District formation.
Counsel will perform any of the above services at a rate to be mutually agreed upon
before any work is actually performed.
SECTION 4. In the event the proceedings are terminated or abandoned prior to completion, Counsel
shall be paid a reasonable fee for services rendered to date based on an hourly rate
of $150.00 per hour, not to exceed $3,500.00.
SECTION 5. This Agreement contemplates that Counsel shall pay all ordinary out-of-pocket
expenses incurred, including travel, telephone and copying. The only expenses to be
billed to City would be extraordinary messenger and/or overnight mail delivery services.
Expenses shall be payable only from bond proceeds and shall not be due and payable
until receipt of an invoice from Counsel to the City following the receipt of such bond
proceeds.
SECTION 6. Counsel hereby states that it does not represent clients with adverse interests to the
City as it relates to the issuance and sale of the bonds for financing this Assessment
District.
SECTION 7. That this Agreement may be terminated by either party hereto by mailing written notice
thereof to the other party.
IN WITNESS WHEREOF, the parties hereto havecaused this Agreement to be executed on the day and
year first hereinabove written.
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY CF CARLSBAD 1
STATE Of= CALIFORNIA
“COUNSEL”
‘. .
STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Gowmor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
3111 CAMINO DE1 RIO NORTH, SUITE 2DO
SAN DIEGO, CA 92108-1725
(619) 521-8036
(cr) cow?+ OowIor)
COASTAL PERMIT EXTENSION
Robert H. Barlemann 1967 N. Highway 101 Leucadia, CA 92024
Re: Extension Reauest for Permit No. 6-93-55
The Executive Director has determined that there are no changed circumstances
affecting the conformity of the subject development with the California
Coastal Act. No objections to this determination have been received at the
Commission office. Therefore, the Executive Director grants a one year
extension of the subject permit, subject to the same conditions approved by
the Commission, to expire on June 10. 1996 .
PETER DOUGLAS Executive Director
By:
Date: June 21. 1995
cc: File
(4954N)
C OF CALIFORNIA-THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMiSSlON ..
PETE WILSON, Governor
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 5214036 APPLICATION FOR EXTENSION OF PERMIT
NOTE TO APPLICANTS:
1. Filinq. Application for extension of a permit for a period not to exceed one year where construction is not expected to commence prior to the
expiration date of the permit may be made by submitting this form completed
and signed, together with the applicable filing fee, to the Commission Area
Office. Such applications wi.1'1 not be accepted more than 90 days prior to the
expiration date of the permit.
Extensions must be applied for prior to the expiration date of the
permit, but filing of an application for extension will automatically extend
the expiration date of the permit until the final action of the Commission on
the request. Construction may not be commenced during this period of
automatic extension. 14 Cal. Admin. Code Section 13169(a)(2).
2. Procedures. The,Commission regulations require the Executive Director to follow the following procedures (Cal. Admin. Code Title 74,
Section 13169): If the Executive Director determines that there are no
changed circumstances that may affect the consistency of the proposed
development with the Coastal Act of 1976, notice of such determination shall
be posted at the project site and mailed to all parties who may be interested
in the application. The necessary forms are avai.lable from the Area office.
If no written objection is received at the Area office within TO working days
of publishing notice, the determination of no changed circumstances is
conclusive and the extension will be granted. If the Executive Director
determines that due to changed circumstances the proposed development may not
be consistent with the Coastal Act, or if objection is made to the
determination of consistency, a report shall be made to the Commission. If
three Commissioners object to the extension, the application shall be set for
a full hearing as though it were a new application.
SECTIbN 1. APPLICANT
1. ss and telep number of applicant:
17-u (3F
207s LAS
CARCSBAD / CA (Area Code) (Telephone No.)
2. Name, address and telephone number of applicant's representative, if _
m3p. %tNd
fi BE COMPLETED BY COMMISSION:
Date Received: Application Fee: $
Date Filed: Date Paid:
, . ,.. _. .I ,_ \. 4 L ‘a. .J ,___ ,,...,,_(__ 4-u ,,.. .I.. .A.... *... .-_., . .._)...a- i-l”.. . . .\.>
,
-2-
SECTION II. INFORMATION REQUIRED
1. Date of issuance and number of permit:
f&93-55- 6/143
2. Attachments. The following documents must be enclosed with this application form completed to ensure prompt processing of your
application:
a. Documentation evidencing permit ho.lder's continued legal
interest in the property.
b. Copy of original permit showing that it has not expired.
C. Documentation of completed or proposed satisfaction of permit
conditions, if any.
d. List of names and addresses for al'1 known interested parties and
property owners/tenants within 100 feet of project site, plus one
stamped, addressed envelope for each person on the list.
SECTION III. FILING FEE
This application will not be deemed filed until payment of a filing fee
of $200.00 for single-family houses and $400.00 for all other developments.
SECTION IV. CERTIFICATION
1. I hereby certify that I or my authorized representative will complete
and post the "Notice of Extension Request" form furnished- me by the Commission
in a conspicuous place on the development property upon receipt of said notice from the Commission.
2. I hereby certify that to the best of my knowledge, the information in
this application and all attached exhibits is full, complete, and correct, and
I understand that any failure to provide information requested or any
misstatement in the information submitted in support of the application may be
grounds for either non-acceptance of the application, for denying the
application for extension, or for the seeking of such other and further relief
as may seem proper to the.Commission.
*
Signature of Applicant(s).or Agent
NOTE: If signed by Agent, Applicant.
must sign'below.
SECTION V. AUTHORIZATION OF AGENT
I hereby authorize
(our) representative and
pFCln' Nd to'act as my
tters,co?cerning this
application.
S%nature of A$plicant(s) ' "
(6604A)
c
.
,,I,, xi. ‘. . .,, ,; _ ,, .. ,; ,: . . .2x.. 1 *.. ). 3 I. . L. L\.^ * .*..... )
Application No.: 6-93-55
Applicant: City of Carlsbad Agent: Robert Barelmann
Description: Construction of street and drainage improvements consisting of new curbs, gutters, sidewalks, asphalt, utility lines and energy
dissipator for an unimproved residential subdivision.
Site:
Lot Area * 6.5 acres
Zoning R-l-10
Plan Designation Residential Medium Density (4-8 dua)
Ponto Drive (between Palomar Airport Road and Poinsettia Lane),
extending to the east to the AT&SF railroad, Carlsbad, San Diego
County. (No APN)
-2-
'. .,
l . I
, --
STATE OF CALIFORNIA-THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
PETE WILSON, Gowmer
SAN DIEGO COAST AREA
3111 CAMINO ML RIO NORTH, SUITE 200
SAN DIEGO, CA 921DE1725
(619) 5214036 NOTICE OF PUBLIC HEARING
DATE: Thursday, June 10, 1993 TIME: 9:00 a.m. PLACE: Board of Supervisors Chambers Administrative Bldg;, Room 322
Marin County Civic Center
San Rafael CA
The proposed development described on Page 2 of this notice is scheduled for a public hearing before the California Coastal Commission at the time and date
indicated above.. .
This item has been tentatively scheduled as follows:
- Administrative Permit
- Consent Calendar 6-9%WLRO X
- Extension Request
- Adoption of Findings
- Request for Reconsideration
_ Material Amendment
- Hearing and Voting on Regular Calendar SEE NOTE ON PAGE 2
- Continued Hearing and Voting on Regular Calendar
- Public Hearing on Regular Calendar
- Substantial Issue Determination and Hearing and Voting on
Appeals from Local Government Decisions
- Continued Hearing and Voting on Appeals from Local Government Decisions
. - Other:
Information on Coastal Commission meeting procedures is enclosed on Pages 3 and 4. If, after reading this information and the project description on Page 2, you have questions, please contact the Commission's San Diego District Office at (619) 521-8036. The file on this project is available for public review at the District Office durjng regular business hours. The
staff report will be mailed to you upon request.
-Over-
. \* : .’ I .Y, ‘. ,,.. ;: ht ‘. _ .;. . :.“ <‘? s.... ., . ., * .:,, ,\.I, .r..,.:r.v . . . . -_ ,_
‘.
- Appl.No.
APPLIGATION FOR COASTAL DEVELOPMENT PERMIT
, '. APPENDIX c - List of Property-Owners and Occupants within 100 feet
Please use one box per name and address. Additional .C copies will be mailed upon request.
214-150-09 Tenants LanakaiMobile Homes
Mr Theodore Vallas Occupant
246 5th Street 6550 Ponto Dr
Encinitas, Calif 92024 . Carlsbad, Calif 92009
!14-021-01,02,08,09 Ilr Dennis Bachmann 1545 Wilshire Blvd Ste 700
Los Angeles, Calif 90017
214-021-03 Mr 6 Mrs Charles Dickie
5350 E Broadway
Long Beach, Calif 90803
214-021-04; 214-022-01,02,04 t
Mr C Mrs Richard Donphue 06.
4964 David Way
San Bernadino, Calff 92404
!14-021-11; 214-022- 28 Ir & Mrs Robert H Bareimann 1967 N Hwy 101 xucadia, Calif 92024
214-021-12 Mr & Mrs Mattel1 Montgomery . 1855 Lotus Ct Carlsbad, Calif 92009
214-021-13 Ms. Jeanette Scollard 2070 Caleta Ct Carlsbad, Calif 92009
!14-021-11
[r & Mrs Richard Campbell 1978 Mayfield Ct fewbury Park, Calif 91320
214-022-10 Mrs Anne Alsop Verrips ' .
2555 Flosden Rd Sp 56
American Canyon, Calif 94587
2140021- %9.,27,1' .:, C.'
Mr C Mrs Edwin Montgomery *
476 Delage Ct
Encinitas, Calif 92024
114-022-33 Ir & Mrs Tim Gibby
b70 Delage Ct Zncinitas, Calif 92024
2140022-l'8 Mrs Leslie Devlin '
1131 Amethyst Mentone, Calff 92359
214-022-03 Marie Stanton '\ 1438 Pacific St
Redlands, Calif 92373
-- -
!14-022-17
!rs Marjorie Edwards
' 0 Box 1905 tancho Santa Fe, Calif 92067
214-022-31 Mr & Mrs Thomas Cannon
3937 Gaffney Ct .
San Diego, Calif 92130
214-022-25
Mrs Patricia Tartaghlia
56 Monarch Bay ,
South Laguna Beach, Ca 92677
!14-010-10; 150-11. . 214-022-08,23,= . 214-010-03
lorth County Transit District Mr Jeffrey McCabe ' ,' Mr Ramon D Asedo
311 S Tremont 267 La Veta Ave ' P 0 Box 207 lceanside, Calif 92054 Encinitas, Calif 92024 Oceanside, Calif 920@.
214-022-15 Mrs. Sally Celorie ' P 0 Box 2748 .
Ranch0 Santa Fe, Calif 92067
214-010-01 Continental Commertial Carp c/o *ell.Winner's Circle '5050 Avenida Encinas #200 Carlsbad, Calif 92008
Z~~-OZZ- ZL
Mr. Tommy White
6910 Sandcastle Dr.
Carlsbad, Calif 92008
!14-023-01
;a Costa Downs, L.P.
L967 N Hwy 101 Leucadia, Calif ' 92024
CERTIFICATE OF SUFFICIENCY OF PETITION
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
The undersigned hereby CERTIFIES as follows:
That I am the duly appointed CITY ASSESSMENT ENGINEER of the CITY OF CARLSBAD,
CALIFORNIA.
That on the 5fh day of 3w , 1995, I reviewed a Petition for the formation of an
Assessment District for certain public works of improvement, together with appurtenances, appurtenant
work and acquisition, where necessary, in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 92-1 (LA COSTA DOWNS) (hereinafter referred to as the “Assessment
District”), a copy of which is on file in the Office of the City Clerk.
That I caused said Petition to be examined and my examination revealed that said Petition has been
signed by property owners representing more than sixty (60%) percent of the assessable area of lands
within the boundaries of the proposed Assessment District, all as prescribed by Sections 2804 and
2804.5 of the Streets and Highways Code of the State of California (“Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 ‘I).
That said Petition did represent OhlB t&WED ( I&%) percent of the assessable area of property
within the boundaries of the Assessment District.
That said Petition meets the requirements of Sections 2804 and 2804.5 of the Streets and Highways
Code of the State of California.
Executed this f 0” day of sL)w , 1995, at Carlsbad, California.
CITY -ASSESSMENT EMGINEER
CITY OF CARLSBAD
STATE OF CALIFORNIA
L
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-1 (LA
COSTA DOWNS).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land;
B. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
C. THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
E. THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
4. We consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
\
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LA COSTA BLVD
LANIKAI LANE
MOBILE HOME PARK
-lJRwaEDm
USTFKXBOUQARY
A CONNECTS LOTS UNDER 4
COMMON OWNERSHIP city of hrisbrd
CITY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND MAILING LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
3P7%G-3 --o 1
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO I
On Nov* l7* 1g9%efore me, Judy Caldwell,
Noalic (here insert name and title of the officer personallyappeared ROBdRT B. BARELMANN h k s personally known to me (or proved to me on the basis of satisfactory evidence) to be the FrsonGd) whose name@ i&e subs&bed to the unthin Instrument and acknowledged to me that he/ fkguh%r authorize executed the same m his/be&&r capacity@), and that by his/b&h& signature@?) on the instrument the the entity upon behalf of which r rsWj)9 of t acted, executed the instrument. e person(#)
WITNESS my hand and official seal.
Signatu (Seal)
! l-i , .:i,:i iy [ ii,/. [‘;;*JI 4 i.1.
9 <- in ,;\i,c .\:.‘:.i~!‘ %‘:‘!lijf:s <
z 1‘ ?4,>:,iiy J’x.r;l \ 32 i . . /*. :‘Fp
? Ssrr !,‘)iX;lC,O cc,,.:‘,, h.
t*:,c i: :*o”!‘: L.i:wi I A;,!‘,‘:: i ;Ii,l , 3, ,0&q s.. <.w *i* %.P em. -QLr a.. ..,., II . I -.c*-m -^ ,
L’ . ~,‘L,~J
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-l (LA
COSTA DOWNS).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land;
B. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
C. THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows: .?b 1
$1,200,000.00
E. THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
4. We consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
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LA COSTA 6lVP
LANIKAI LANE
MOBILE HOME PARK
L/r CONNECTS LOTS UNDER
COMMON OWNERSHIP city of hrhbad
CITY OF CARLSBAD-LA COSTA DOWNS( EXHIBIT
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND MAILING LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
June 8, 1994-Alice S EGv&mannMaritalTr~std'~-~~ ( -cl ' .
June 8, 1994-Alice S.BachmannMaritalT&/~ -&2 I - 0
June 8, 1994-Alice S.E3achmannMaritalTrus~~~- 0 21 -0%
June 8, 1994-Alice A.BachtmnnMaritalTn~&~~- (1 21 -03
On &IF/Y Y before me K4Cp-A sr+-LL&, /uobLL p/J L (here insert name a&R tit,: of the officer)
,-, .I personally appeared-l f me(f3rpr . IY&SC& to be the person(s) whose name(s) is/are subscribed to the within mstrument and acknowledged to me that he/she/the executed the same u-t his/her/their authori 2xX! capacity(ies), and that by his/her/their signature(s) on the instrument the the entity upon behalf of which r rson(s), or t acted, executed the instrument. e person(s)
WITNESS my hand and official seal.
-1 \
Signature in,,,-cA I (Seal)
ihlnl;
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPBCIAL ASSESSMBNT PROCEEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSC BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-1 (LA
COSTA DOWNS).
3. We
A.
B.
C.
D.
E.
4. We
understand:
THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land;
THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
. .
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
* . .
-..
\
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LA COSlA BLVP LA COSlA BLVP
LANIKAI LANE
MOBILE HOME PARK
I/r CONNECTS LOTS UNDER
COMMON OWNERSHIP city of blsbad
CITY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT
DATE OF
SIGNING
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
OWNER AND MAILING LEGAL DESCRIPTION OR
ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
d/4-~2~43
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO I
L On before me, .
; (here insert name and title of the officer), personally appeared
on bp ersonally known to me (or proved to me asis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/th ze7 executed the same m his/her/their authori capacity(ies), and that by his/her/their signature(s) on the instrument the the entity upon behalf of which t r non(s), or
acted, executed the instrument. e person(s)
WITNESS my hand and official seal.
Signature (Seal)
tLL-PURPOSE ACKNOWLEDGMENT
Los ANGELES COUNTY
ed, executed the instrument.
MY COMMISSION EXPIRES MARCH 17, 1997 Witness my hand and official seal.
personally appeared
OIPTIONAL SECTION THIS CERTIFICATE MUST BE AnACHED To THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document
m OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require Notary to fill in
the data below, doing so may prove invaluable
to persons relying on the document.
0 INDIVIDUAL
q CORF’ORATE OFFICER(S)
TITLE(S)
0 PARTNER(S) q LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
q OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Number of Pages Date of Document Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. Signer(s) Other than Named Above
3214 (w92)
5
TO: CITY COUNCIL
CITY OF CARLSBAD
5
PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-1 (LA
COSTA DOWNS).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land;
B. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
C. THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
E. THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
4. We consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedicatioso be accomplished before the ordering of
the improvements.
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
LANIKAI LANE
MO6lLE HOME PARK
-PROPOSED-
lllsmcrwxN)ARY
Ur CONNECTS LOTS UNDER
COMMON OWNERSHIP City of C&d
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND MAILING LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO.
,,"rq- 02-t--11
&qq-ozz-Zg
STATE OF CALXFORNIA
COUNTY OF SAN DIEGO I
QpY 1% 1994 before me, ELENA SANTUCCI, NOTARY mJBLIc
(here insert name and title of the offi personally appeared ROBERT I-L m m
on 1 ersonally known to me (or proved to me asis of satisfactory evidence) to be the person(s) whose name(s) is&&bscribed to the within Instrument and acknowledged to metit
acted, executed the instrument.
WITNESS my hand and official seal.
6
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-l (LA
COSTA DOWNS).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land:
B. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
C. THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
E. THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
4. We consent to the formation of the Assessme+ District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
\ \ \ \ \ 0 \ 3’ f \ %\ Ta \ \
\ ^o \ a-
\ ; ‘b L -.ww-m --
LA COSTA WV0
LANIKAI LANE
MOBILE HOME PARK
-lWWOSED~
lBTFCT-Y
r/l CONNECTS LOTS UNDER 4
COMMON OWNERSHIP bty of hrlsbrd
CITY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT
; . .
, -
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND MAILING LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
&y-ozt- I2
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO I
On 6 90 -94 before me
~#~~,A~~~/~,/t/o7~~L/~~~ (here insert name and title of the ofticer\. personally appeared Mt;rR;rEu, A ~-&~~~‘~ v~~~<~ , personally known to me (or droved to I me on the basis of satisfactory evidknck) to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/th executed the same m his/her/their authori ze7 capacity(ies), and that by his/her/their signature(s) on the instrument the the entity upon behalf of which t r t-son(s), or
acted, executed the instrument. e person(s)
WITNESS my hand and official seal.
Signature +-+&L&j Qll@a.c. / ” (Seal)
I ’ 7
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSMENT PROCEBDIHGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-l (LA
COSTA DOWNS).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land;
B. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
C. THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
E. THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
4. We consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
.
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
\
\
\
\
\ 0 \ 3’ c \ %\ pb\ \
LA COSTA BLVD
LANIKAI LANE
MOBILE HOME PARK
-PFlwosDASSESSMENT
DiWFOCTBCXNMRY
L/r CONNECTS LOTS UNDER 4
COMMON OWNERSHIP city of hrkbad
CJTY OF CARLSBAD-LA COSTA DOWNSI EXHIBIT
DATE OF
SIGNING
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
OWNER AND MAILING
ADDRESS
LEGAL DESCRIPTION OR
COUNTY TAX PARCEL NO. SIGNATURE
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND MAILING LEGAL DESCRIPTION OR ,-e----y
SIGNING ADDRESS COUNTY TAX PARCEL NO. /
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
%
n%JE 2, t494
mLocc; before me, L4, Hoti
(here insert name and title of personally appeared ~J&+.MJJEIT~ P he oflicer), . SC-
on B ersonally known to me (or proved to me asis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/th authorize 7 executed the same In his/her/their capacity(&), and that by his/her/their signature(s) on the instrument the the entity upon behalf of which t r t-son(s), or
acted, executed the instrument. e person(s)
WITNESS my hand and official seal.
--veLL Signature - A (Seal)
SEA&b
-.-UG.?C
Comm EmWeshW.?.1W 6
.
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSMENT PROCBBDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-l (LA
COSTA DOWNS).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land;
B. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
C. THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
E. THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
4. We consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
t
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
\ \ \ \ \ 0 \
3’ c \ %\ Ta \ \
LA COSTA BLvO
LANIKAI LANE
MOBILE HOME PARK
L/r CONNECTS LOTS UNDER
COMMON OWNERSHIP city of blsbrd
CITY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND MAILING LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
STATE OF CALIFORNIA
COUNTY OF SAN DTEGO I
On May 6, 1994 before me ELENA SANTUCCI, NO- ,
(here insert name and title of the officer), nersonallv anncared TOMMY B. WHITE
WITNESS my hand and offtcial seal.
__- - SAN 0lEG0CouNTY n
Comm. Expim Jln. 91. tW7
Signature &A eal)
.I
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSMENT PFKXXEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-l (LA
COSTA DOWNS).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land;
B. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
C. THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
E. THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
4. We consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the state of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
\
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\ 0 \
pa’ f \ %\
%\ \
LACO.SlA BLVD
LANIKAI LANE
MOBJLE HOME PARK
c/l CONNECTS LOTS UNDER 4
COMMON OWNERSHIP city of hIsbad
CITY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND MAILING LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
2?w -022-q
~p-+ozz-W
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO I
ZTEL ( /I&&(/ p&&y nd title nf the nfLvr\ (here insert name and title of. the officer), personally appeared Hx.L~!~/ M f Lk-fAJ 4 Ir
on if ersonally known to me (or proved to me to me asis of satisfactory evidence) to be the Frson(s) whose name(s) is/are subscribed to the urlthin mstrument and acknowledged to me that he/she/th authorise 7 executed the same m his/her/their , C..W.l capacity(k), and that by his/her/their signature(s) on the instrument the .Y,..V./their
the entity upon behalf of which r rsonkl. or rson(s), or t acted, executed the instrument. e person(s)
WITNESS my hand and official seal.
cor!AM.#74$87 pj
NOTARY PUBLIC. CALIFORNIAN --- -
Signature /
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSBSSNBNT PROCBEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-l (LA
COSTA DOWNS).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land;
B. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
C. THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
E. THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
4. We consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
1
6. We re,uest the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
\ \ \ \ \ 0 \ b’ v \ %\ p6\ \ \
LA COST’A BLVD
LANIKAI LANE
MOBILE HOME PARK
fl CONNECTS LOTS UNDER 4
COMMON OWNERSHIP City of Cdsbd
CITY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
DATE OF
SIGNING
(& -)-f-f
NAME OF PROPERTY
OWNER AND MAILING LEGAL DESCRIPTION OR
ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
\es(k h DfJh
\ I3 I md+p- g?/Y-o~= - I8
STATE OF CALIFORNIA
On PTA fp%%efore me, d-C'c-c)r/b+ /3 f.?~&LL /((~7Q/y,@09L~c (here insert name and title of the officer), personally appeared Lc5 lit ~ 60~ #Ttr/i,~
on B ersonally known to me (or proved to me asis of satisfactory evidence) to be the persf)n(d) whose name(s) is/are subscribed to the wrthm instrument and acknowledged to me that &/she/t 77 authorize executed the same m hisJherJth& capacity@sj, and that byhisJherJtb& signature@ on the instrument the the entity upon behalf of which t r rson(sj, or
acted, executed the instrument. e person@
WITNESS my hand and official seal.
Signatu (Seal)
Y
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSMENT PROCBBDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-1 (LA
COSTA DOWNS).
3. We understand:
A.
B.
C.
D.
E.
4. We
THAT the cost of the improvements will be charged to the
fits from the improvements, including our land;
land which bene-
THAT the cost of engineering, legal and other incidental
included in the project cost;
expenses will be
THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
\i .,
-n
“0
3 LANIKAI LANE
0
% MOBILE HOME PARK
2 0 0
-PfKFOED- LA COSTA BLvP DlSTFCTBocEoARY
A CONNECTS LOTS UNDER 4
COMMON OWNERSHIP city of blabad
CITY OF CARLSBAD-LA COSTA DOWNS EXHIBIT
DATE OF
SIGNING
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
OWNER AND MAILING
ADDRESS
LEGAL DESCRIPTION OR
COUNTY TAX PARCEL NO. SIGNATURE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO I
acted, executed the instrument.
WITNESS my hand and official seal.
Signature Seal)
-
ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193
State of c’.b-
personally appeared Y NAME(S) OF SIGNER(S) El4 ersonally known to me - OR - [7 proved to me on the basis.of satisfactory evidence
to be the person($ whose name($) islitfe
subscribed to the within instrument and ac-
knowledged to me that be/she/they executed
the same in kis/her/tketr authorized
capacity(i@, and that by his/her/their
signature(sj-on the instrument the person&
or the entity upon behalf of which the
personIs)-acted, executed the -instrument.
WITNESS my hand and official seal. a
’ (OPjONAL SECTIbId ’
THIS CERTIFICATE MUST BE AlTACHED TO TITLE OR TYPE OF DOCUMENT @d, -h ii++.? THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES f 0A.c DATE OF DOCl Though the data requested here is not required by law. it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE Rc CA
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove invaluable to persons relying on the document.
0 INDIVIDUAL
0 CORPORATE OFFICER(S)
TITLE(S)
0 PARTNER(S) q LIMITED
j-J GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S) q GUARDIAN/CONSERVATOR
q OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
91993 NATIONAL NOTARY ASSOCIATION - 6236 Remmet Ave., P.O. Box 7164 . Canoga Park, CA 91309-7164
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSNENT PROCEEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for.the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-l (LA
COSTA DOWNS).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land;
B. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
C. THAT each property owner.may pay his assessment either in cash without
interest or in installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
E. THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
4. We consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
\ \ \ \ \ 0 \
5’ f \ %\ %\ \ \
LA COSTA BLVD
LANIKAI LANE
MOBILE HOME PARK
L/r CONNECTS LOTS UNDER 4
COMMON OWNERSHIP city of hIsbad
CITY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
SIGNING ADDRESS COUNTY TAX PARCEL NO
-m 1
'R./ ij SIG";;:
NAME OF PROPERTY
DATE OF OWNER AND MAILING LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO I
On fl E\I 3 , I994 before y3, M/li&‘! rdoou Ph 5// c. 6 ~swe
(here insert name ‘and title of the officer;), personally appeared .‘% // \I .s &. / L) C / e
WITNESS my hand and official seal.
Signature (Seal)
I.
. 7,P
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-l (LA
COSTA DOWNS).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land;
B. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
C. THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
E. THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
4. We consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division I of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
I. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
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LA COSTA BLVD
LANIKAI LANE
MOBILE HOME PARK
-PROFWEDAsESMNT
USTRCT8ou9ARY
d CONNECTS LOTS UNDER 4
COMMON OWNERSHIP by of blabad
3lTY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT
THE UNDERSIGNED HEREBY CERTIFY
THE OWNERS OF RECORD OF THE
NAME OF PROPERTY
DATE OF OWNER AND MAILING
SIGNING ADDRESS
UNDER PENALTY OF PERJURY THAT THEY ARE
PROPERTY AS SET FORTH HEREIN.
LEGAL DESCRIPTION OR
COUNTY TAX PARCEL NO.
&W-o22 -20
a/q- 022 - 37
2P/-022 -06
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO I
On June 1, 19% before me,
of the officer). +sonally appeared JEFFREY S.MC CABE "
KZZ’ I -- -- ---- person(s) whose name(s)i&e subscribed to the wrthm mstrument and acknowledged to me that he/she/th ZilK executed the same m his 6thor-i e&heir capacity(ies), s;s” and that by s/her/their signature(s) on the instrument the the entity upon behalf of which r rson(s), or t acted, executed the instrument. e person(s)
WITNESS my hand and official seal.
*mAAhAA
Sharon M. Friedman:
Comm. #994207 n
Comm. Expires May 9.1997
(Seal)
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-1 (LA
COSTA DOWNS).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land;
B. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
C. THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
E. THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
4. We consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
\
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\
LA COSTA BLVD
LANIKAI LANE
MOBILE HOME PARK
I/r CONNECTS LOTS UNDER 4
COMMON OWNERSHIP city of hisbad
CITY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND MAILING LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO I
on N;;h;,&b&,re ,,,e, ELENA SANTUCCI,
(here insert name and title of the oflicer personally appeared TNC@QIS J- % CMII m MAE?2 ‘AmEcANm
acted, executed the instrument.
WITNESS my hand and official seal.
Comm #983740 NOTARY PUBLIC SAN DIEGO COUNTY
Signa turn
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-l (LA
COSTA DOWNS).
3. We understand:
A.
B.
C.
D.
E.
4. We
THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land:
THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
\ \ \ \ \ 0 \
3’ c \ %\ p6\ \ \
S I LA COS ,r
PO~NSE- r’
LANIKAI LANE
MOBILE HOME PARK
-PFlwmEDAssEssMNT
US-lFCT-Y
L/r CONNECTS LOTS UNDER 4
COMMON OWNERSHIP hy of hIsbad
XY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT
DATE OF
SIGNING
THE UNDERSIGNED HEREBY CERTIFY
THE OWNERS OF RECORD OF THE
NAME OF PROPERTY
OWNER AND MAILING
ADDRESS
%rPlcrA l%-h?.?&~c,A
54 Nbr\iPPcti Aq
Q3w4 ?c,r/u-i- Cl4
STAti OF CALIFORNIA
COUNTY OF?-
UNDER PENALTY OF PERJURY THAT
PROPERTY AS SET FORTH HEREIN.
LEGAL DESCRIPTION OR
COUNTY TAX PARCEL NO.
On 5-/7- 74 beforeme LIjblA 1 fzEehl,&- (here insert name and title of the oflicer), personally appeared %‘e-r R \CI A M , Tfi&jT&~l fi
on 6 ersonally known to me (or proved to me asis of satisfactory evidence) to be the prspn(s) whose name(s) is/are subscribed to the withm Instrument and acknowledged to me that he/she/th author& 7 executed the same m his/her/their capacity&s), and that by his/her/their signature(s) on the instrument the the entity upon behalf of which t r rson(s), or
acted, executed the instrument. e person(s)
WITNESS my hand and official seal.
THEY ARE
SIGNATURE
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-1 (LA
COSTA DOWNS).
3. We understand:
A.
B.
C.
D.
E.
4. We
THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land:
THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
\
\
\
\
\ 0 \
5’ f \ %\
%\ \
S
LA COS
LANIKAI LANE
MOBILE HOME PARK
d CONNECTS LOTS UNDER
COMMON OWNERSHIP city of hAbad
CITY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND MAILING LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
+gP-/-oz2~~~~
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO I
On 7-21-44 before me lX.L6&7 (here insert na’me and title of the oflicer , personally appeared Y7tW3THY (2 i V. cl. l!h AZ 616B\(, ersonally known to me (or iroved to me on the I! asis of satisfactory evidence) to be the person(s) whose name(s) &/are subs&ed to the wtthin Instrument and acknowledged to me that he/she/th executed the same m his/her/their authori zci7 capacity&s), and that by his/her/their signature(s) on the instrument the the entity upon behalf of which r non(s), or t acted, executed the instrument. e person(s)
WITNESS my hand and official seal.
I KAREN L. ALLGEIER 1 cu
ii
t
Z B COMM. w974987 $j
NOTARY PUBLIC - CALtFORNU+ SAN OlEQO COUNTY My Comm. &icpinr Oct. 4. laae ‘i’
I
Signature-M &arm , J a
(Seal)
.f 4 ‘0; /5, 17, 14
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-l (LA
COSTA DOWNS).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land;
B. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
C. THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
E. THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
4. We consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
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LA COSTA BLVD
LANJKAI LANE
MOBILE HOME PARK
- FFKFcsmAssEm
IISTFCT-Y
I/r CONNECTS LOTS UNDER 4
COMMON OWNERSHIP City of CAbal
CITY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT
THE UNDERSIGNED HEREBY CERTIFY
THE OWNERS OF RECORD OF THE
NAME OF PROPERTY
DATE OF OWNER AND MAILING
SIGNING ADDRESS
UNDER PENALTY OF PERJURY THAT THEY ARE
PROPERTY AS SET FORTH HEREIN.
STATE OF CALIFORNIA
On 5-4-94 before me, Kathv p&ma (here insert name and title of the of’cer), personally appeared Richard, T- Donahue and
on l ersonally known to me (or proved to me asis of satisfactory evidence) to be the Frson(s) whose name(s) Is/are subscribed to the urlthin Instrument and acknowledged to me that he/she/th authorize 7 executed the same m his/her/their capacity(&), and that by his/her/their signature(s) on the instrument the the entity upon behalf of which t r r-son(s), or
acted, executed the instrument. e person(s)
WITNESS my hand and official seal.
Marion S. Donahue
(Seal)
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-1 (LA
COSTA DOWNS).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land;
B. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
C. THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
E. THAT property with an assessment lien is subject to foreclosure in cases of
delinquency and non-payment.
4. We consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
# . l
6. We request the initiation of proceedings for the conversion of existing her-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the State of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
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0 \
LA COSTA BLVD
LANIKAI LANE
MOBILE HOME PARK
-FlORBEDASESMNr
ClSTFUXwxN)ARY
L/r CONNECTS LOTS UNDER 4
COMMON OWNERSHIP city of bisbad
CITY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND MAILING LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO I
On before me,
(here insert name and title of the ofticer), personally appeared
on 1 ersonally known to me (or proved to me asis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within mstrument and acknowledged to me that he/she!th authortze 7 executed the same m his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the the entity upon behalf oE which t r rson(s), or
acted, executed the instrument. e person(s)
WITNESS my hand and ofticial seal.
Signature (Seal)
. .
: f County of (j/G& H r9- I
2* *” t On 3hfi ,‘S ;/before me
> , Mfld 8~ &+? ;-li t
I
J-cm *fi*ppR-r//
(name, title of officer),
roved to me on the basis of satisfactory evidence to
scribe to the within instrument and,acknowledged
&f e same in histh their authorized capacity(i k , and that by
instrument the persong or thg entity upon behalf of
which the person $6 acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
2
CAPACITY CLAIMED BY SIGNER f
6-
f uavww1 smm(G MR nWEsElmHEYsELvES t 9 t
2 CD”)(IMTE s OIRtER,S, mLflS) z y’ s COYPA”I : d
3 bRTWER,S, : ,MT”ERS”C : t
5 Nm”EI. 3 #+Acr rnM!P”“S, Y $
3 ln”SrESS, f mJfT t f
‘1 OTHER s - IllLUS, f t t
lInESI : 5 z Enmr,lEs, REP.wS~“IED t z : E”rn”,lES, RE?RESE”TED $ I Y
;
f State of ~L./,7Q.Px/lt9
s t * z
i 2 personally appeared
f Z personally known to me - OR - x proved to me on the basis of satisfactory evidence to
$ be the person(s) whose name(s)+a/are subscribed to the within instrument and acknowledged
$ to me that ha&&e/they executed the same in m/theirauthorized capacity(ies), and that by
i m/their signature(s) on the instrument the person(s), or the entity upon behalf Of
2 a which the person(s) acted, executed the
t 2 instrument.
WITNESS my hand and official seal.
@gnature
Y
CAPACITY CLAIMED BY SIGNER f
t 7 ,"aW,Aqf) S#X% FOR CWLSELHTHEYSELVES :: - :: : 1 canm"*R t - OfRCER,S, TmElSI f
5
:
coYI*nl Y
t
2 ,ARf”EMS, r
,AIIIT”EISHIP 3
t
: 7 AlTr,TOR”E~ *
- LWACT MlHNlUS, :
:
l TRUSTEEIS) z
TRUST i
2 OTHER 2 WI
lllLE,S, :
:
:
TITLEIS, :
I
E,~I,Rs,RE?IESEIITED 2
2
z *
E”rnl,lES, IEmEsEnrfO : *
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land within the area shown on
the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain street improvements, including
drainage, paving, curbs and gutters, sidewalks, utilities and the conversion of
existing overhead electrical facilities to underground locations, together with
appurtenant work, in PONTO DRIVE, FRANCISCAN ROAD and DESCANSO BOULEVARD, to
serve and benefit properties located within ASSESSMENT DISTRICT NO. 92-l (LA
COSTA DOWNS).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which bene-
fits from the improvements, including our land:
B. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
C. THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of construction, including
incidentals, contingencies and financing costs, is as follows:
$1,200,000.00
E. THAT property with an assessment lien is subject to foreclgsure in cases of
delinquency and non-payment.
4. We consent to the formation of the Assessment District and waive any rights to
protest against the formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
6. We request the initiation of proceedings for the conversion of existing over-
head electrical and communication facilities to underground locations,
pursuant to Chapter 28, Part 3, Division 7 of the Streets and Highways Code of
the state of California.
ADDITIONAL REQUIREMENTS
7. We further agree to make periodic deposits to guarantee the payment for all
preliminary administration and consulting expenses, up to a maximum of $500.00
per lot we own.
***
\ \ \ \ \ 0 \
5’ f \ %\
?a \ \
LANIKAI LANE
MOBILE HOME PARK
Ur CONNECTS LOTS UNDER 4
COMMON OWNERSHIP
city of hsbad
CITY OF CARLSBAD-LA COSTA DOWNS1 EXHIBIT
.
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND MAILING LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE .-_
STA’IE OF CALIFORNTA
COUNTY OF SAN DIEGO I
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
IA COSTA DOWNS, SP 201
ASSESSMENT DISTRICT NO. 92-01
PD 414
CONTRACT NO. 3417
5/l /95
TABLE OF CONTENTS
m Paae
NOTICE INVlTlNG BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
CONTRACTOR’S PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BIDDER’S BOND TO ACCOMPANY PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BIDDER’S STATEMENT OF FINANCIAL RESPONSlBiLllY . . . . . . . . . . . . . . . . . . . . . . . . . ,
BIDDER’S STATEMENT OF TECHNICAL ABIUTY AND EXPERIENCE . , . . . . . . . . . . . . . . . ,
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMIllED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,
CONTRACT - PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
IABOR AND MATERIALS BOND ............................................
PERFOR~NCEBOND ....................................................
REPRESENTATION AND CERTIFICATION . , , . , . , . , , . . . . . . . . . . . , . . . . . . . . , . . . . . .
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN UEU OF RETENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RELEASEFORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR
PUBUC WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
II. SUPPLEMENTAL PROViSIONS TO STANDARD SPECIFICATIONS FOR PUBUC
WORKS CONSTRUCTION FOR CONSTRUCTION MATERIALS . . . . . . . . . . . . . . . . . . . .
III. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBUC
WORKS CONSTRUCTION FOR CONSTRUCTION METHODS . . . . . . . . . . . . . . . . . . . .
IV. SUPPLEMENTAL PROVISIONS FOR CONSTRUCTION MATERIALS . . . . . . . . . . . . . . . .
i
5/l /95
1
GIN OF CARLSBAD, CALlFORNIA
NOllCE INVlTlNG BIDS
Sealed bids will be received at the Cffiie of the Purchasing officer, City Hall, 1200 Carlsbad
Village Drive (formerly Elm Avenue), Carl&ad, California, until 4:00 P.M. on the 24th day of
August, 1995, at which time they will be opened and read, for performing the work as follows:
LA COSTA DOWNS
CONTRACT NO. 3417
The work shall be performed in strict conformity with the specifiitions as approved by the City
Council of the City of Carl&ad on fife with the Engineering Department. The specifications for
the work include the Standard Specifications of Public Works Construction, (SSPWC), 1994
Edition, and the latest supplement, hereinafter designated ‘SSPWC’, as issued by the Southern
California Chapter of the American Public Works Association and as amended by the special
provisions sections of thii contract. Reference is hereby made to the specifiitions for full
particulars and description of the work.
The City of Carisbad encourages the participation of minority and women-owned businesses.
The City of Carl&ad encourages all bidders, suppliers, manufacturers, fabricators and -
contractors to utilize recycled and recyclable materials when available and where appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law.
The bidder’s security of the second and third next lowest responsive bidders may be withheld
until the Contract has been fully executed. The security submitted by all other unsuccessful
bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is
awarded. Pursuant to the provisions of law (Public Contract Code Section 22800) appropriate
securities may be substituted for any obligation required by this notice or for any monies withheM
by the City to ensure performance under this Contract. Section 22800 of the Public Contract
Code requires monies or securities to be deposited with the City or a state or federally chartered
bank in California as the escrow agent.
The documents which must be completed, properly executed, and notarized are:
1. Contractor’s Proposal 7. Bidder’s Statement of Financial Responsibility
2. Bidder’s Bond 8. Bidder’s Statement of Technical Ability and
3. Non-Collusion Affidavit Experience
4. Contract 9. Purchasing Department Representation and
5. Designation of Subcontractors Certification
6. Amount of Subcontractors’ Bid 10. Escrow Agreement for Security Deposits (optional)
5/l /95
2
All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate
is $966,340.63.
No bid shall be accepted from a contractor who is not licensed in accordance with the
provisions of California state law. The contractor shall state their license number, expiration date
and classifiition in the proposal, under penalty of perjury. The following ciassifiiions are
acceptable for this contract: ‘A-l ’ Engineering Contractor’s License, in accordance with the
provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents in
lieu of the usual 10% retention from each payment, these documents must be completed and
submitted with the signed contract. The escrow agreement may not be substituted at a later
date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carl&ad Village Drive (formerly Elm Avenue), Carl&ad, California,
for a non-refundable fee of $15.00 per set. If plans and specifiitions are to be mailed, the cost
for postage should be added.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. .
The general prevailing rate of wages for each craft or type of worker needed to execute the
Contract shall be those as d8t8mk8d by the Director of Industrial Relations pursuant to the
Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor
Code, a current copy of applicable wage rates is on file in the Cffiie of the City Engineer. The
Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing
rates of wages to all workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsibk for insuring compliance with provisions of Section
1777.5 of the Labor Code and Section 4100 et s8q. of the Public Contracts Code, ‘Subletting
and Subcontracting Fair Practices Act.’ The City Engineer is the City’s ‘duly authorized offiir”
for the purposes of Section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the l&or Code commencing with Section 1720 shall
apply to the Contract for work.
A pm-bid meeting and tour of the project site will be held.
All bids are to be computed on the basis of the given estimated quarttitles of work, as indicated
in this proposal, times the unit price as submitted by the bidder. In cas8 of a discrepancy
between words and fiiures, the words shall prevail. In cas8 of an error in the extension of a unit
price, the.cormct8d extension shall be calculated and the bids will be computed as indicated
above and compared on the basis of the corrected totals.
5/l /95
3
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed
or wriien in with ink and must be initii in ink by a person authorized to sign for the
Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection
of bid.
Bonds to secure faithful p8rformance and warranty of the work and payment of laborers and
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%)
respectively, of the Contract price will b8 required for work on this project. These bonds shall
be kept in full force and effect during the course of this project, and shall extend in full force and
effect and be retained by the City until they are released as stated in the Special Provisions
section of this contract. All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exce8d their
ihbilities in an amount equal to or in exc8ss of the amount of the bond. The bonds are to
contain the following documents:
1) An original, or a certified copy , of the unrevoked appointment, power of attorney, by
laws, or other instrument entitling or authorizing the person who ex8cut8d the bond to
do so.
2) A certified copy of the certifiite of authority of the insurer issued by the insurance .
commissioner.
If the bid is accepted, the City may require copies of the insurer’s most recent annual statement
and quarterly statement filed with the Department of Insurance pursuant to Article 10
(commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the insurance Code,
within 10 calendar days of the insurer’s receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best’s Key
Rating Guide of at least A-W, and (2) are admitted and authorized to transact the business of
insurance in the State of California by the Insurance Commissioner. Auto policies offered to
meet the specification of this contract must: (1) me8t the conditiins stated above for all
insurance Companies and (2) cover anv vehicle us8d in the p81forrnanc8 of the contract, us8d
onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled.
The auto insurance certifiite must state the coverage is for ‘any auto” and cannot be limited
in any manner.
Workers’ compensation insurance required under thii contract must b8 offered by a company
meeting the above standards with the exception that the Best’s rating condition is waived. The
City does accept policies issued by the State Compensation Fund meeting the requirement for
workers’ compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any
additional cost of said insurance shall be included in the bid price.
5/l/95
4
The prim8 contractor and ail subcontractors are required to have and maintain a valid City of
Carl&ad Business License for the duration of the contract.
Approved by the Cii Council of the City of Carl&ad, California, by Resolution
No. 8 adopted on the day of ,lQ .
Date Al&ha L Rautenkranz, City Clerk
5/l/95
5
CITY OF CARLSBAD
LA COSTA DOWNS
CONTRACT NO. 3417
CONTRACTOR’S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifiitions, and hereby proposes to furnish all
labor, materials, equipment, transportation, and services required to do ail the work to complete
Contract No. 3417 in accordance with the Plans and Specifiitions of the City of Carl&ad, and
the Special Provisions and that he/she will take in full payment therefor the following unit prices
for each item complete, to wit:
item
No. Description
SCHEDULE A:
8’PVC-150at
Dollars per Linear Foot
1’ Water Service at
Dollars Each
Fire Hydrant Assembly at
Dollars Each
8’ Gate Valve at
Dollars Each
.
Approximate
Quantity Unit
and Unit Price Total
846LF
4oEA
4EA
2EA
5/l/95
6
item
No.
5
Descriotion
12’ Connection (Wet Tap) at
6
Dollars Each
T Blow-Off Assembly at
Dollars Each
7 T M.A.R. at
Appfoxim8
QUWltity Unit
and Unit Priie Total
1EA
1EA
2EA
Dollars Each
SEWER IMPROVEMENTS:
8 8’ PVC at
Dollars per Linear Foot
9 Access Hoi8 at
Dollars Each
10 4’ Laterals at
Dollars Each
GRADING IMPROVEMENTS:
11 Grading at
Dollars per Cubic Yard
12 Erosion Control: Gravelbags at
2EA
4oEA
6,275 CY
1,650 EA
Dollars Each
5/l/95
7
Item
No.
13
14
Descrbtion
Approximate
Q-m Unit
and Unit Price Total
Erosion Control: Silt Fences/
Hay Bales at
1,230 LF
Dollars per Linear Foot
AC Paving - 4’ Asphalt
Concrete at
TON
15 Aggregate Base at
Dollars per Ton
TON
16
Dollars per Ton
6’ Curb/Gutter ‘&2” at 3,070 LF
17
Dollars per Linear Foot
PCC Sidewalk ‘G-7’ at 15,350 SF
18
19
20
Dollars per Square Foot
Pedestrian Ramp NSP A66,
A6Q at
Dollars Each
Drive Approach ‘G-14’ at
Dollars per Square Foot
4EA
6,400 SF
Cross-Gutter ‘G-12” at 106SF
Dollars per Square Foot
5/l /95
8
Item
No. Descrbttion
21 Street Name Signs ‘SDM-102” at
Approximate
QUantit)f Unit
and Unit P&8 Total
3EA
Dollars Each .
22 Street Sign at
Dollars Each =a
23 Survey Monuments ‘M-1 0’ at
Dollars Each
24 HPSV Street Light, 1 OOW ‘E-l ’
9,500 Lumens at
Dollars Each
25 18’ RCP Storm Drain at
26
Dollars per Linear Foot
24’ RCP Storm Drain at
27
Dollars per Linear Foot
SD. Cieanout ‘D-9’ at
Dollars Each
28 Curb Inlet ‘B-Z at
29
Dollars Each
24’ Drain Outlet/Headwall at
3EA
4EA
7EA
736LF
4EA
4EA
1EA
Dollars Each
5/l /95
9
Item
Descriotion No.
30 Ton Rip-Rap ‘D-40’ at
Dollars per Cubic Yard
31 AC Overlay at
Approximate
Quantity
and Unit
2.3 CY
TON
Unit
&iC8
Dollars per Ton
32 Remove Existing Paving at 20,260 SF
Dollars per Square Foot
DRY UTlLlN IMPROVEMENTS (SDG&E, PAC BELL, CABLEVISION):
33 SDG&E, PacBeli, Daniels Lump Sum
Underground Vaults, Pull
60x8s at
Dollars (Lump Sum)
34 MCI Pull Boxes at Lump Sum
Dollars (Lump Sum)
35 Joint Trenching, Conduit at Lump Sum
Dollars (Lump Sum)
MISCELLANEOUS IMPROVEMENTS:
36 Traffic Control Detour Road at
Dollars (Lump Sum)
Lump Sum
5/l/95
10
Item
No.
37
Approximate
Quantity Unit
Descrbtion and Unit, i3iC8 Total
Temporary Traffii Control Signs at Lump Sum
Dollars (Lump Sum)
Total amount of Schedule A bid in words:
Total amount of Schedule A bii in numbers: $
5/l /95
11
ADDlllVE ALTERNATES
Approximate
Item Quantity Unit
No. Description and Unit Price
ALTERNATE I - WATER IMPROVEMENTS
1
2
3
4
5
6
7
Remove and recompact soil
38 feet wide and 4 feet deep at
Dollars per Cubic Yard
12’ PVC at
Dollars per Linear Foot
12’ gate valve at
Dollars Each
12’ connection-dry tap at
Dollars Each
2’ Biow-off assembly at
Dollars Each
2’ M.A.R. at
Dollars Each
12’PVCendcapat
Total
3,600 CY
4EA
1EA
1EA
2EA
1EA
Dollars Each
5/l/95
12
Item
No. Descrbtion
8 Trench resurfacing at
Approximate
Quantity Unit
and Unit Price Total
620LF
Dollars per Linear Foot
Total amount of Additive Alternate I bid in words:
Total amount of Additive Attemate I bid in numbers: $
5/l/95
13
ADDlllVE ALTERNATES
Approximate
Item Quantity Unit
No. Descriotion and Unit Price
ALTERNATE II - SEWER IMPROVEMENTS
Rermve and recompact soil
38 feet wide and 4 feet deep at
4,900 CY
Dollars per Cubic Yard
8” PVC at
Dollars per Linear Foot
Manhole at
Dollars Each
Join existing sewerline at
Dollars Each
Sewer lateral wyes at
Dollars Each
Grading access road at
Dollars per Cubk Yard
All weather access road at
Dollars per Square Foot
4EA
1EA
21 EA
Total
10,416 SF
Total amount of Additive Alternate II bid in words:
Total amount of Additive Atemate II bid in numbers: $
5/l/95
14
Total amount of Schedule 1, Additive Alternate I, and Additive Attemate II bid in words:
Total amount of Schedule 1, Additive Alternate I, and Additive Alternate II bid in numbers:
PfiC8(S) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s).
proposal.
has/have been received and is/are included in this
The Undersigned has checked carefully all of the above figures and understands that the City
will not be responsible for any error or omission on the part of the Undersigned in preparing this
bid. .
The Undersigned agrees that in case of default in executing the required Contract with
necessary bonds and insurance policies within twenty (20) days from the date of award of
Contract by the City Council of the City of Carl&ad, the proceeds of the check or bond
accompanying this bid shall become the property of the City of Carlsbad.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to .
do business or act in the capacity of a contractor within the State of California, validly licensed
under license number , classifiition which expires
on I and that thii St&WTWlt it3 tm8 and Correct and has the l8gal effect
of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the
City. Q 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law.
However, at the time the contract is awarded, the contractor shall be properly licensed. Public
Contract Code 9 20104.
The Undersigned bidder hereby represents as follows:
1, That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid
hereunder; that no representation, oral or in writing, of the City Council, its officers,
agents, or employees has inducted hirrJher to enter into this Contract, excepting only
those contalned in this form of Contract and the papers made a part hereof by its terms;
and
2. That this bid is mad8 without connection with any person, firm, or corporation making
a bid for the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is (Cash, Certifii Check, Bond
or Cashier’s Check) for ten percent (10%) of the amount bii.
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15
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for workers’ compensation or to undertake self-
insurance in accordance with the provisions of that code, and agrees to comply with such
provisions before commencing the performance of the work of this Contract and continue to
comply until the contract is complete.
. . . .
..*.
. . . .
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16
The Undersigned is aware of the provisions of the l&or Code, Part 7, Chapter 1, Article 2,
relative to the generai prevailing rate of wages for each craft or type of worker needed to
execute the Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1)
(2)
(3)
(4)
Name under which business is conducted
Signature (given and surname) of proprietor
Place of Business
City and State
Zip Code
(Street and Number)
Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made
by a general partner)
(3)
(4)
Place of Business
City and State
Zip Code
(Street and Number)
Telephone No.
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IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted
(2) Signature .
Tile
Impress Corporate Seal here
(3) Incorporated under the laws of the State of
(4) Place of Business
(Street and Number)
City and State
(5) Zip Code Telephone No.
.
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation;
if a partnership, list names of all general partners, and managing partners:
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18
BID SECURITY FORM
(Check to Accompany Bid)
(NOTE: The foll,owing form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY
OF CARLSBAD, in the sum of
dollars ($ ).
this amount being ten percent (1096) of the total amount of the bid. The proceeds of this check
shall become the property of the City provided this proposal shall be accepted by the City
through action of its legally constituted contracting authorities and the undersigned shall fail to
execute a contract and furnish the required Performance, Warranty and Payment Bonds and
proof of insurance coverage within the stipulated time; otherwise, the check shall be returned
to the undersigned. The proceeds of this check shall also become the property of the City if the
undersigned shall withdraw his bii within the period of fifteen (15) days after the date set for the
opening thereof, unless otherwise required by law, and notwithstanding the award of the
contract to another bidder.
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
5/l /95
19
BIDDER’S BOND To ACCOMPANY PROPOSAL
KNOW AU PERSONS BY THESE PRESENTS:
That we, , as Principal, and
as Surety are held and firmly bound unto the City of Carisbad, California, in an amount 4
follows: (must be at least ten percent (1096) of the bii amount)
for which payment, well and truly made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBUGATION IS SUCH that if the proposal of the above-
bounden Principal for:
IA COSTA DOWNS
CONTRACT NO. 3417
in the City of Carl&ad, is accepted by the City Council, and if the Principal shall duly enter into
and execute a Contract including required bonds and insurance policies within twenty (20) days
from the date of award of Contract by the City Council of the City of Carlsbad, being duly
notified of said award, then this obligation shall become null and void; otherwise, it shall be and
remain in full force and effect, and the amount specified herein shall be forfeited to the said City. .
5/l/95
20
In the event Principal executed this bond as an Individual, lt ls agreed that the death of Principal
shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this day of JQ-.
PRINCIPAL:
(name of Principal)
(sign here)
(print name here)
(Title and Orgsnization of Signatory)
By:
(sign here)
(print name here)
Executed by SURETY this day of ,1g-.
SURETY:
(name of Surety)
(address of Surety)
(telephone number of Surety)
By:
(signature of Attorney-in-Fact)
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current
power of attorney.)
(title and orgsnization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one offiier signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that offiir to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
D. RICHARD RUDOLF
Assistant City Attorney
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21
DESIGNATION OF SUBCONTRACTORS
(To Accompany Proposal)
The Contractor certifies he/she has used the sub-bids of the following listed Contractors in
making up his/her bid and that the sub-contractors listed will be used for the work for which they
bid, subject to the approval of the City Engineer, and in accordance with applicable provisions
of the specifications and Section 4100 et seq. of the Public Contracts Code - “Subletting and
Subcontracting Fair Practices Act.’ No changes may be made in these subcontractors except
upon the prior approval of the City Engineer of the City of Carl&ad. The following infomKltion
is required for each sub-contractor. Additional pages can be attached if required:
This project does- does not - have bid items designated as ‘Specialty Items.’
Items of WA Full &llDWlV Name Complete Address
with ZiD Code
Phone No. & Area Code
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22
AMOUNT OF SUBCONTRACTORS’ BIDS
(To Accompany Proposal)
The bidder is to provide the following Information on the subbids of all the listed subcontractors
as part of the sealed bid submission. Additional pages can be attached, if required.
Full ComDanv Name
Type of State contracting License 81 No. carisbad8uslness License No.* Amount of Bid
I$ or %I
* Licemes are renewable annually. If no valid ken&, indicate “NONE.’ Valid license must be obtained prior to
submissii of signed Contracts.
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23
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBIUTY
(To Accompany Proposal)
Bidder submits herewith a statement of financial responsibility.
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24
BIDDER’S STATEMENT OF TECHNICAL ABIUTY AND EXPERIENCE
P ~mpaw Pw-4
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which
will enable the City to judge his/her responsibility, experience and skill. An attachment can be
US&.
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25
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBUC CONTRACT CODE SECTlON 7106
State of California
County of
(Name of Biclder)
and says that he or she is
, being first duly sworn, deposes
VW
of
(Name of Firm)
the party making the foregoing bid that the bii is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation; that
the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix the
bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company associath, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bii.
I declare under penalty of perjury that the foregoing is true and correct and that this affiiavit was
executed on the day of , IQ-*
Signature of Bidder
Subscribed and sworn to before me on the day of ,1g-.
(NOTARY SEAL)
.
Siinature of Notary
5/l/95
26
CONTRACT- PUBLIC WORKS
This agreement ls made this day of I 19-1 by and between the City of Carl&ad, California, a municipal corporation, (hereinafter called ‘City”), and
business is
(hereinafter called ‘Contractof.)
whose principal place of
City and Contractor agree as follows:
1. Descriotion of Work. Contractor shall perform all work specified in the Contract documents
for:
LA COSTA DOWNS
CONTRACT NO. 3417
2.
3.
4.
(hereinafter called ‘project’)
Provisions of Labor and Materials. Contractor shall provide all iabor, materials,. tools, *
equipment, and personnel to perform the work specified by the Contract Documents.
Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Bidder’s
Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Escrow
Agreement, Release Form, the Plans and Specifications, the Special Provisions, and all
proper amendments and changes made thereto in accordance with this Contract or the
Plans and Specifiitions, and all bonds for the project; all of which are incorporated herein
by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work
as indicated, specified, and implied by the Contract Documents. Any items of work not
indicated or specified, but which are essential to the completion of the work, shall be
provided at the Contractor’s expense to futfill the intent of said documents. In all instances
through the life of the Contract, the City will be the interpreter of the intent of the Contract
Documents, and the City’s decision relative to said intent will be final and binding. Failure
of the Contractor to apprise subcontractors and materiils suppliers of this condition of the
Contract will not relieve responsibility of compliance.
Pavment. For all compensation for Contractor’s performance of work under this Contract,
City shall make payment to the Contractor per Section 9-3 of the Standard Specifications
for Public Works Construction (SSPWC) 1994 Edition, and the latest supplement, hereinafter
designated ‘SSPWC, as issued by the Southern California Chapter of the American Public
Works Association, and as amended by the Special Provisions section of this contract.
The closure date for each monthly invoice will be the 36th of each month. Invoices from
the Contractor shall be submitted according to the required City format to the City’s
assigned project manager no later than the 5th day of each month. Payments will be .
delayed if invoices are received after the 5th of each month. The final retention amount
5/l /95
27 .
shall not be released until the expiration of thirty-five (35) days following the recording of
the Notice of Completion pursuant to California Civil Code Section 3134.
Public Contract Code section 20104.50 requires a summary of its contents to be set forth
in the terms of the contract. Below is such a summary. However, contractor should refer
to Public Contract Code section 20104.50 for a complete statement of the law.
The city shall make progress payments within 30 days after receipt of an undisputed and
properly submitted *yment request from a contractor on a construction contract. If
payment is not made within 30 days after receipt of an undisputed and properly submitted
payment request, then the city shall pay interest to the contractor equivalent to the legal
rate set forth in subdivision (a) of section 635.010 of the Code of Civil Procedure.
Upon receipt of a’ payment request, the city shall, as soon as practicable after receipt,
determine whether the payment request is a proper payment request. If the city determines
that the payment request is not proper, then the request shall be returned to the contractor
as soon as practicable but not later than seven (7) days after receipt. The returned request
shall be accompanied by a document setting forth in writing the reasons why the payment
request was not proper.
If the city fails to return the denied request within the seven (7) day time limit, then the
number of days available to the city to make payment without incurring interest shall be *
reduced by the number of days by which the city exceeds the seven (7’) day return
requirement.
“Progress paymeW Includes all payments due contractors except that portion of the final
payment designated by the contract as ‘retention earnings’.
A completed and ,executed release form in the form described in this contract (hereinafter
‘Release Form’) shall be submitted prior to approval of each progress payment. The
contractor shall list all disputed claims or potentially disputed claims which arise during the
pay period. The purpose of the Release Form is to bring timely attention to areas of dispute
or potential dispute between the contractor and the City for the pay period. Failure of the
contractor to submit a completed and executed Release Form shall constitute the
contractor’s acknowledgement that no disputes of any type have arisen that pay period or
remain from previous pay periods and the contractor waives all future rights in making
claims for disputes arising ln those pay periods. All previous and new disputed claims or
potentially disputed claims shall be listed on the Release Form until such time as the
disputed claims are resolved. The contractor shall not modify the Release Form in any way.
5. Independent Investiaation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the
progress of the work, and is aware of those conditions. The Contract price includes
payment for all work that may be done by Contractor, whether anticipated or not, in order
to overcome underground conditions. Any information that may have been furnished to
Contractor by City about underground conditions or other job conditiins is for Contractor’s
convenience only, and Cii does not warrant that the conditiins are as thus indicated.
Contractor is satisfied with all job conditiins, including underground conditions and has not
relied on information furnished by City.
5/l/95
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6. Contractor Resoonsible for Unforeseen Conditions. Contractor shall be responsible for all
loss or damage arisii out of the nature of the work or from the action of the elements or
from any unforeseen diffiiultiis which may arise or be encountered in the prosecution of
the work until its acceptance by the City. Contractor shall also be responsible for expenses
incurred in the suspension or discontinuance of the work. However, Contractor shall not
be responsible for reasonable delays in the completion of the work caused by acts of Cod,
stormy weather, extra work, or matters which the specifications expressly stipulate will be
borne by City.
7. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
=mterial that Contractor believes may be material that is hazardous waste, as defined
in Section 25117 of the Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Subsurface or latent physical conditions at the site differing from those indicated.
C. Unknown physical conditiins at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of the
character provided for in the contract. .
Cii shall promptly Investigate the conditions, and if it finds that the conditiins do materially
so differ, or do involve hazardous waste, and cause a decrease or increase in contractor’s
costs of, or the time required for, performance of any part of the work shall issue a change
order under the procedures described in this contract.
In the event that a dispute arises between Clty and Contractor whether the conditions
materially differ, or involve hazardous waste, or cause a decrease or increase in the
contractor’s cost of, or time required for, performance of any part of the work, contractor
shall not be excused from any scheduled completion date provided for by the contract, but
shall proceed with all work to be performed under the contract. Contractor shall retain any
and all rights provided either by contract or by law which pertain to the resolution of
disputes and protests between the contracting parties.
8. Chanae Orders. City may, without affecting the validity of the Contract, order changes,
modifications and extra work by issuance of written change orders. Contractor shall make
no change in the work without the issuance of a written change order, and Contractor shall
not be entitled to compensation for any extra work performed unless the City has issued
a written change order designating in advance the amount of additional compensation to
be paid for the work. If a change order deletes any work, the Contract price shall be
reduced by a fair and reasonable amount. If the parties are unable to agree on the amount
of reduction, the work shall nevertheless proceed and the amount shall be determined by
litigation. The only person authorized to order changes or extra work is the Project
Manager. The written change order must be executed by the Cky Manager or the City
Council pursuant to Cartsbad Municipal Code Section 3.28.172.
5/l/95
28
9. lmmiaration Reform and Control Act. Contractor certifii he is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-l 525) and has
complied and will comply with these requirements, including, but not limited to, veriiing
the eligibility for employment of all agents, employees, subcontractors, and consuttants that
are included in this Contract.
10. Prevailina Waae. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in
accordance with California Labor Code, Section 1773 and a copy of a schedule of said
general prevailing wage rates is on file in the office of the City Engineer, and is incorporated
by reference herein. Pursuant to California l&or Code, Section 1775, Contractor shall pay
prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job
site.
11. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hokf harmless the City, and its offiiers and employees, from all claims, loss,
damage, injury and liability of every kind, nature and description, directly or indirectly
arising from or in connection with the perfom?ance of the Contractor or work; or from any
failure or alleged failure of Contractor to comply with any applicable law, rules or
regulations including those relating to safety and heatth; except for loss or damage which
was caused solely by the active negligence of the City; and from any and all claims, loss,
damages, injury and liability, howsoever the same may be caused, resulting directly or .
indirectly from the nature of the work covered by the Contract, unless the loss or damage
was caused solely by the active negligence of the City. The expenses of defense include
all costs and expenses including attorneys fees for litigation, arbitration, or other dispute
resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award
of the contract to Contractor, and Contractor will pay all costs, including defense costs for
the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
12. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the perfo- of the work hereunder by the Contractor, his agents,
representatives, employees or subcontractors. Said insurance shall meet the City’s policy
for insurance as stated in Resolution No. 91403.
(A) COVERAGES AND UMITS - Contractor shall maintain the types of coverages and
minimum limits indicted herein:
1. Comorehensive General Uabilitv Insurance:
$l,OOO,OOO combined single limit per occurrence for bodily injury and property
damage. If the policy has an aggregate limit, a separate aggregate in the amounts
specified shall be established for the risks for which the City or its agents, officers
or employees are additional insured.
5/l/95
30
2. Automobile Liabilitv Insurance:
$1,000,000 combined single limit per accident for bodily injury and property
damage. In addition, the auto policy must cover anv vehicle used in the
perfo- of the contract, used onsite or offsite, whether owned, non-owned or
hired, and whether scheduled or non-scheduled. The auto Insurance certificate
must state the coverage is for ‘any auto’ and cannot be limited in any manner.
3. Workers’ Compensation and EmPlovers’ Uabilitv Insurance:
Workers’ compensation limits as required by the Labor Code of the State of
California and Employers’ Liability limits of $1,000,000 per incident. Workers’
compensation offered by the State Compensation Insurance Fund is acceptable to
the City.
(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies of insurance
required under this agreement contain, or are endorsed to contain, the following
provisions. General Liability and Automobile Liabiii Coverages:
1. The City, its officials, employees and volunteers are to be covered as additional
insured as respects: liability arising out of activities performed by or on behalf of
the Contractor; products and completed operations of the contractor; premises
owned, leased, hired or borrowed by the contractor. The coverage shall contain
no special limitations on the scope of protection afforded to the City, its offiiials, .
employees or volunteers.
2. The Contractor’s Insurance coverage shall be primary insurance as respects the
City, its officials, employees and volunteers. Any insurance or se&insurance
maintained by the Cii, its offiiials, employees or volunteers shall be in excess of
the contractor’s insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its offiiials, employees or volunteers.
4. Coverage shall state that the contractor’s insurance shall apply separately to each
insured against whom claii ls made or suit is brought, except with respect to the
limits of the insurer’s liability.
(C) ‘CLAIMS MADE’ POUCIES - If the insurance is provided on a ‘claims made’ basis,
coverage shall be maintained for a period of three years following the date of
completion of the work.
(D) NOTICE OF CANCELLATION -Each insurance policy required by this agreement shall
be endorsed to state that coverage shall not be nonrenewed, suspended, voided,
canceled, or reduced in coverage or limits except after thirty (30) days’ prior written
notice has been given to the Clty by certified mail, return receipt requested.
5/l/95
13.
(0
(0
(G)
(HI
(1)
(J)
31
DEDUCTIBLES AND SELF-INSURED RETENTION (SIR.) LEVELS - Any deductibles
or self-insured retention levels must be declared to and approved by the City. At the
option of the Cii, either: the insurer shall reduce or eliminate such deductibles or self-
insured retention levels as respects the City, its offiiials and employees; or the
contractor shall procure a bond guaranteeing payment of losses and related
investigation, claim administration and defense expenses.
WAIVER OF SUBROGATION -All policies of insurance required under this agreement
shall contain a waiver of all rights of subrogation the insurer may have or may acquire
against the City or any of its officials or employees.
SUBCONTRACTORS - Contractor shall include all subcontractors as insured under
its policies or shall furnish separate certifiies and endorsements for each
subcontractor. Coverages for subcontractorsshall be subject to all of the requirements
stated herein.
ACCEPTABIUTY OF INSURERS - Insurance is to be placed with insurers that have a
rating in Best’s Key Rating Guide of at least A-Y, and are authorized to transact the
business of insurance by the Insurance Commissioner under the standards specified
in by the City Council in Resolution No. 91403.
. VERIFICATION OF COVERAGE - Contractor shall furnish the City with certificates of
insurance and original endorsements affecting coverage required by this clause. The
certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements are to be in forms approved by the City and are to be received and
approved by the City before work commences.
COST OF INSURANCE -The Cost of all insurance required under this agreement shall
be included in the Contractor’s bid.
Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1,
Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy
of Article 1.5 is included in the Special Provisions I section. The contractor shall initially
submit all claims over $375,000 to the Clty using the informal dispute resolution process
described in Public Contract Code subsections 29104.2(a), (c), (d). Notwithstanding the
provisions of this section of the contract, all claims shall comply with the Government Tort
Claim Act (section 900 et seq., of the California Government Code) for any claim or cause
of action for money or damages prior to filing any lawsuit for breach of this agreement,
(A) Contractor hereby agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
(B) Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
5/l 195
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(C) Contractor acknowledges that California Government Code sections 12660 et seq., the
False Claims Act, provides for civil penalties where a person knowlingly submits a false
claim to.a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or false of the
information.
(D) If the City of Carl&ad seeks to recover per&ties pursuant to the False Claims Act, it
is entiiled to recover its litigation costs, including attorney’s fees.
(E) Contractor hereby acknowledges that the filing of a false claim may subject the
Contractor to an administrative debarment proceeding wherein the Contractor may be
prevented from further bidding on public contracts for a period of up to five years.
(F) The provisions of Carl&ad Municipal Code sections 3.32.025,3.32.026, 3.32.027 and
3.32.026 pertaining to false claims are incorporated herein by reference.
I HAVE READ AND UNDERSTAND ALL PROVISIONS OF SECTION 13 ABOVE. INITIAL
14. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter
1, Article 2, of the Labor Code. If the Contractor does not maintain the records at
Contractor’s principal place of business as specified above, Contractor shall so inform the -
City by certified letter accompanying the return of this Contract. Contractor shall notify the
City by certified mail of any change of address of such records.
15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section
1720 of the Labor Code are incorporated herein by reference.
16. Security. Securities in the foml of cash, cashiir’s check, or certified check may be
substituted for any monies withheld by the City to secure performance of this contract for
any obligation established by this contract. Any other securii that is mutually agreed to
by the Contractor and the City may be substituted for monies withheld to ensure
performance under this Contract.
17. Provisions Recauired bv Law Deemed inserted. Each and every provision of law and clause
required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through m&take or otherwise, any such provision is not inserted,
or is not correctly inserted, then upon application of either party, the Contract shall forthwith
be physically amended to make such insertion or correction.
. . . .
. . . .
. . . .
5/l/95
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18. Additional Provisions. Any additional provisions of this agreement are set forth in the
‘General Provisions’ or “Special Provisions’ attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
(CORPORATE SEAL) contractor
Print Name of Signatory
Signature of Signatory
APPROVED TO AS TO FORM: ,.
Print Nsme of Signatory
RONALD R. BALL
City Attorney
By:
D. RICHARD RUDOLF
Assistant City Attorney
Signature of Signatory
Title .
CITY OF CARLSBAD, CAUFORNIA
ATTEST:
Cii Clerk
5/l/95
34
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Car&bad, State of California, by Resolution
No. , adOpted , has awarded to
(hereinafter
designated as the “Principal’), a Contract for:
IA COSTA DOWNS
CONTRACT NO. 3417
in the City of Carl&ad, in strict conformity with the drawings and specifications, and other
Contract Documents now on file in the Office of the City Clerk of the City of Carl&ad and all of
.which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall
fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or
about the performance of the work agreed to be done, or for any work or labor done thereon
of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE,
Principal, (hereinafterdesignatedasthe”Contractor”), and
as Surety, are held firmly bound unto the City of Carl&ad in the sum of
Dollars
($ ), said sum being fii percent (5096) of the estimated amount payable
by the City of Carl&ad under the terms of the Contract, for which payment well and truly to be
made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THlS OBUGATION IS SUCH that if the person or his/her subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or
about the performance of the work contracted to be done, or for any other work or iabor thereon
of any kind, or for amounts due under the Unemployment insurance Code with respect to such
work or iabor, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the contractor and
subcontractors pursuant to Section 13020 of the Unemployment insurance Code with respect
to such work and labor that the Surety will pay for the same, not to exceed the sum specified
in the bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses
and fees, including reasonable attorney’s fees, to be fried by the court, as required by the
provisions of Sectbn 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled
to file claims under Tile 15 of Part 4 of Division 3 of the Civil Code (commencing with Section
3082).
5/l/95
. 35
Surety stipulates and agrees that no change, extension of time, alteration or addition to .the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the tern of the contract or to the work or to the specifiitions.
in the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this day of I19-.
CONTRACTOR:
Executed by SURETY this of
SURETY:
(name of Contractor) (name of Surety)
By: (sign here) (address of Surety)
(print name here) (telephone number of Surety)
(title and organization of signatory) By: (wgnature of Attorney-in-Fact)
By: (sign here) (printed name of Attorney-in-Fact)
(print name here) (attach corporate resolution showing current power of attorney)
(title and organization of signatory)
day J9-*
.
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: D. RICHARD RUDOLF Assistant City Attorney
5/l /95
36
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Cansbad, State of California, by Resolution
No. , adopted , has awarded to
, (hereinafter
designated as the ‘Principal’), a Contract for:
IA COSTA DOWNS
CONTRACT NO. 3417
in the City of Carl&ad, in strict conformity with the contract, the drawings and specifications,
and other Contract Documents n6w on file in the Cffiie of the City Clerk of the City of Carl&ad,
all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, , as Principal,
(hereinafterdesignatedasthe’Contractor”),and
, as Surety, are held and firmly bound unto the City of Carl&ad, *
in the sum of
Dollars
($ ), sald sum being equal to one hundred percent (10096) of the estimated
amount of the Contract, to be paki to City or its certain attorney, its successors and assigns; for
which payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBUGATION IS SUCH that if the above bounden Contractor, their
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions, and agreements in the Contract
and any alteration thereof made as therein provided on their part, to be kept and performed at
the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of Carl&ad, its officers,
employees and agents, as therein stipulated, then this obligation shall become null and void;
othennrise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney’s
fees, incurred by the Clty in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
Surety stipulates and agrees that no change, .extension of time, alteration or addition to the
terms of the Contract, or to the work to be performed thereunder or the specifications
accompanying the same shall affect its obligations on this bond, and it does hereby waive notice
of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
5/l /95
37
in the event that Contractor is an individual, it is agreed that the death of any such Contractor
shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this Executed by SURETY this day day of 9 1Q-. of JQ-.
CONTRACTOR: SURETY: .
(name of Contractor)
By:
(sign here)
(print name here)
(Tile and Organization of Signatory)
By:
(sign here)
(print name here)
(name of Surety)
(address of Surety)
(telephone number of Surety)
By:
(signature of Attorney-in-Fact) .
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current
power of attorney.)
(Tile and Organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. if
only one offiier signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that offir to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
D. RICHARD RUDOLF
Assistant City Attorney
5/l/95
38 .
City of Carlsbad
Purchasing Department
Representation and Certification
The following representation and wtifrcation are to be completed, signed and returnad with proposal.
REPRESENTATIONS: Mark all s@kable blanks. Thii
offeror represents as part of this offer-that the ownership,
operation and control of the business, in accordance with the
specific definitions listed below is:
I am currently certified by:
certificetion R:
(Check appropriate Ethnic Ownership Type) CERllFiCAllON OF BUSINESS REPRESENTATION(S):
Ill ::I :ETjtlijlFF1S~~B.~,~.:1...i,i.I;;’,1 Mark all epplicaMe blanks. This offeror represents as a part
of this offer that:
Thii fin is , is not a
minorii business.
nlii firm is , is not
woman-owned business.
a
wo e :Awoman-ovmedbusiksis
abu&wssofwhichatleast51 percentisownd,controUed
end operated by a women or women. Controkd is defined as
exercising the power to make policy de&ions. Operation is
DEFINITIONS:
MINORITY BUSINESS ENTERPRISE “Minor@ Busii’ is defined as a business, at least 51 percent of which is owned,
operated and controlled by minority group members, or in the
case of publicly owned businesses, at least 51 percent of
which is owned, operated and controlled by minorky group
members. The Small Buairwa AdnWstration deffnea the
socially and economMfy disadvantaged (minorWa) as Black
American, Hispanic American, Native Americans (i.e. American
Indian, Eskimos, Aleuts and Natkm Hawaiii), and Asian-
Pacific Americans (i.e., U.S. Citizens whose origins are from
Japan, China, the Philippines, Vltnam, Korea, Samoa, Guam,
the U.S. Trust Territories of the Pacific, Northem hWanas,
Laos, Cambodia and Taiwan).
defined aa actually invofwd in the day-today management.
CERTIFlCATlOl$
The information furnished is certified to be factual and correct 88 of the date submitted.
COMPANY WE NAME
ADDRESS TITLE
CITY, STATE AND ZlP SIGNATURE
TELEPHONE NUMBER DATE
5/l/95
38
OPTlONAL
ESCROW AGREEMENT FOR SECURIN
DEPOSITS IN LlEU OF RETENTlON
This Escrow Agreement is made and entered into by and between the City of Carl&ad whose
address is 1200 Carl&ad Village Drive, Carl&ad, California, 92009, hereinafter called “City” and
whose address
is hereinafter
called *Contractor and WhOSe
address is hereinafter
called ‘Escrow Agent.’
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as
follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, the
contractor has the option to deposit securities with the Escrow Agent as a substitute for
retention earnings required to be withheti by the City pursuant to the Construction Contract
entered into between the City and Contractor for
in the amount of dated (hereinafter referred to
as the “Contract”). Alternatively, on written request of the contractor, the City shall make
payments of the retention earnings directly to the escrow agent. When the Contractor
deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify
the City within 10 days of the deposit. The market value of the securities at the time of the
substitution shall be a least equal to the cash amount then required to be withheld as
retention under the terms of the contract between the City and Contractor. Securiiies shall
be held in the name of the , and shall designate the
Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise
would be withheM from progress payments pursuant to the Contract provisions, provided
that the Escrow Agent hoMs securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow
agent shall hold them for the benefit of the contractor until such time as the escrow created
under this contract is terminated. The contractor may direct the investment of the payments
into securities. All terms and conditions of this agreement and the rights and
responsibilities of the parties shall be equally applicable and binding when the City pays
the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the
Escrow Agent in administering the Escrow Account and all expenses of the City. These
expenses and payment tern??? shall be determined by the City, Contractor and Escrow
Agent.
5/l/95
40
5. The interest earned on the securities or the money market accounts held in escrow and ail
interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the
City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by wriien authorization from
City to the Escrow Agent that City consents to the withdrawal of the amount sought to be
withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the
default, the Escrow Agent shall immediately convert the securities to cash and shall
distribute the cash as instructed by the City.
8. Upon receipt of wriien notifiition from the City certifying that the Contract is final and
complete and that the Contractor has complied with all requirements and procedures
applicable to the Contract, the Escrow Agent shall release to Contractor all securities and
interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall
be closed immediately upon disbursement of ail moneys and securities on deposit and
payments of fees and charges.
9. The Escrow Agent shall rely on the written notifiitions from the City and the contractor
pursuant to Sections (4) to (6), inclusive, of this agreement and the City and Contractor
shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and
disbursement of the securities and interest as set forth above.
. . . .
*...
. . . .
. ..*
. . . .
5/l/95
41
10. The names of the persons who are authorized to give written notices or to receive written
notice on behatf of the City and on behalf of Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
For City:
For Contractor:
For Escrow Agent:
NMl0
Signature
Address
Tile
Name
signature
Address
Tllle
Name
Signature
Address
5/l/95
42
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
IN WlTNESS WHEREOF, the parties have executed this Agreement by their proper offiiers on
the date first set forth above.
For City: Tile
For Contractor:
For Escrow Agent:
Name
Signature
Address
Tllle
Name
Signature
Address
.
Title
NW
SigllEitljtB
Address
5/l/95
43
RELEASE FORM
THIS FORM SHALL BE SUBMITTED PRIOR TO APPROVAL OF MONTHLY PROGRESS
PAYMENTS.
NAME OF CONTRACTOR:
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
RETENTION AMOUNT FOR THIS PERIOD: $
. . .
DISPUTED WORK/CLAIMS
DESCRIPTION OF DISPUTED WORK/CLAIM AMOUNT CLAIMED
(OR ESTIMATE)
Contractor further expressly waives and releases any claim Contractor may have, of whatever
type or nature, for the period specifii which is not shown as disputed work/claim on this form.
This release and waiver has been made voluntarily by Contractor without any fraud, duress or
undue influence by any person or entity. Contractor is referred to paragraph 4 of the Public
Works Contract.
Contractor further certifies, warrants, and represents that all bills for labor, materials, and work
due Subcontractors for the specified period will be paid according to Public Contract Code
Section 20104.50 and Business and Professions Code Section 7108.5 and that the parties
have signing below on behalf of Contractor express authority to execute this release.
DATED:
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership, Corporation, etc.)
By:
Tile:
By:
Tile:
5/l /95
44
SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
To STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCllON
l-1 TERMS
To Section l-l ,’ add:
A. Reference to Drawings:
Where words ‘shown,’ %dlcated,’ ‘detailed,’ ‘~ted,’ ‘scheduled,’ or words of similar import are
used, it shall be understood that reference is made to the plans accompanying these provisions,
unless stated otherwise.
B. Directions:
Where words ‘directed,’ ‘designated,’ ‘selected,’ or words of similar import are used, it shall be
understood that the direction, designation or selection of the Engineer is intended, unless stated .
otherwise. The word ‘required’ and words of similar import shall be understood to mean “as
required to property complete the work as required and as approved by the City Engineer,’
unless stated otherwise.
C. Equals and Approvals:
Where the words “equal,’ ‘approved equal,’ ‘equivalent, and such words of similar import are
used, it shall be understood such words are followed by the expression ‘in the opinion of the
Engineer,’ unless otherwise stated. Where the words “approved,” “approval,’ “acceptance,” or
words of similar import are used, it shall he understood that the approval, acceptance, or similar
import of the Engineer is intended.
D. Perform and Provide:
The word ‘perform’ shall be understood to mean that the Contractor, at her/his expense, shall
perform all operations, labor, tools and equipment, and further, including the furnishing and
installing of materials that are indicated-specified or required to mean that the Contractor, at
her/his expense, shall furnish and install the work, complete in place and ready to use, including
furnishing of necessary labor, materials, tools, equipment, and transportation.
Modify Section l-2 as follows:
Agency - the City of Carlshad, California
Englneer - the Project Manager for the City of Car&ad or his approved representative
5/l /g5
45
2-4 CONTRACT BONDS
Delete the third sentence of the first paragraph having to do with a surety being listed in the
latest revision of U.S. Department of Treasury Circular 570.
Modify Paragraphs three and four to read:
The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and
materials bond) for this contract. The faithful performance/warranty bond shall be in the amount
of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent
of the contract price. Both bonds shall extend in full force and effect and be retained by the city
during the course of this project until they are released according to the provisions of this
section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 35
days after recordation of the Notice of Completion and will remain in full force and effect for the
one year warranty period and until all warranty repairs are completed to the satisfaction of the
city engineer.
The payment bond shall be released six months plus 35 days after recordation of the Notice of
Completion if all claims have been paid.
Add the following:
All bonds are to be placed with a surety Insurance carrier admitted and authorized to transact
the business of insurance in California and whose assets exceed their liabilities in an amount
equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws,
or other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certifiite of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the City may require a financial statement of the assets and liabilities of
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of
the execution of the bond. The financial statement shall be made by an officer’s certificate as
defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial
statement may be verified by the oath of the principal officer or manager residing within the
United States.
2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work include the Standard Specifications for Public Works
Construction, (SSPWC), 1994 Edition, and the latest supplement, hereinafter designated
“SSPWC”, as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Special Provisions section of this contract.
5/l/95
The Construction Plans consist of nine (9) sheets designated as City of Carl&ad Drawing Nos.
331-3 and 331-&I. The standard drawings utilized for this project are the latest edition of the
San Diecao Area Regional Standard Drawinas, hereinafter designated SDRS, as issued by the
San Diego County Department of Public Works, together with the City of Carlsbad Supplemental
Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents.
To Section 25.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacturer’s direction,
the Contractor shall obtain and distribute the necessary copies of such instruction, including two
(2) copies to the City.
To Section 2-5, add:
25.4 Record Drawinas:
The Contractor shall provide and keep uptodate a complete “as-built” record sat of transparent
sepias, which shall be corrected daily and show every change from the original drawings and
specifications and the exact “as-built’ locations, sizes and kinds of equipment, underground
piping, valves, and all other work not visible at surface grade. Prints for this purpose may be
obtained from the City at cost. This sat of drawings shall be kept on the job and shall be used
only as a record set and shall be delivered to the Engineer upon completion of the work. .
3-5 DISPUTED WORK
All claims by the contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing
with Section 20104) which is set forth below:
Article 1.5 Resolution of Construction Claims
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five
thousand dollars (3375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor
and a public agency when the public agency has elected to resolve any disputes pursuant to
Article 7.1 (commencing with Sectiin 10240) of Chapter 1 of Part 2.
(b)(l) “Public work’ has the same meaning as in Sections 3100 and 3105 of the Civil Code,
except that ‘public work’ does not include any work or improvement contracted for by the state
or the Regents of the University of California.
(2) ‘Claim’ means a separate demand by the contractor for (A) a time extension, (6) payment
of money or damages arising from work done by, or on behatf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the
local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or
specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2 For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the
claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision *
5/l/95
47
is intended to extend the time limit or supersede notice requirements otherwise provided by
contract for the filii of claims.
(b)(l) For claims of less than fii thousand dollars ($50,000), the local agency shall respond
in wriiing to any written claim within 45 days of receipt of the claim, or may request, in writing,
within 30 days of receipt of the claim, any additional documentation supporting the claim or
relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant
to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s .written response to the claim, as further documented, shall be
submitted to the claimant within 15 days after receipt of the further documentation or within a
period of time no greater than that taken by the claimant in producing the additional information,
whichever is greater.
(c)(l) For claims of over fii thousand dollars (350,000) and less than or equal to three
hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to
all written claims within 50 days of receipt of the claim, or may request, in writing, within 30 days
of receipt of the claim, any additional documentation supporting the claim or relating to defenses
to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant
to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be
submitted to the claimant within 30 days after receipt of the further documentation, or within a
period of time no greater than that taken by the claimant in producing the additional information .
or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to
respond within the time prescribed, the claimant may so notify the local agency, in writing, either
within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s
failure to respond within the time prescribed, respectively, and demand an informal conference
to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency
shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute,
the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and
Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Tiile 1 of the Government
Code. For purposes of those provisions, the running of the period of time within which a claim
must be filed shall be tolled from the time the claimant submits his or her written claim pursuant
to subdivision (a) until the time that claim is denied as a result of the meet and confer process,
including any period of time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall
be construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Tiile 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims
subject to this article:
(a) Within 50 days, but no earlier than 30 days, following the filing or responsive pleadings,
the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation
of both parties. The mediation process shall provide for the selection within 15 days by both
parties of a disinterested third person as mediator, shall be commenced within 30 days of the
submittal, and shall be concluded within 15 days from the commencement of the mediation
unless a time requirement is extended upon a good cause showing to the court or by stipulation
of both parties. If the parties fail to select a mediator within the 15day period, any party may
petition the court to appoint the mediator.
5/l/95
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Tile 3 of Part 3 of the Code of
Civil Procedure, notwithstanding Section 1141 .l 1 of that code. The Civil Discovery Act of 1966
(Article 3 (commencing with Sectiin.2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil
procedure) shall apply to any proceeding brought underthe subdivision consistent with the rules
pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators
appointed for purposes of this article shall be experienced in construction law, and, upon
stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable
hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be
paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause,
determines a different division. In no event shall these fees or expenses be paid by state or
county funds.
(3)46addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code
of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo
but does not obtain a more favorable judgment shall, in addition to payment of costs and fees
under that chapter, pay the attorney’s fees of the other party arising out of the triil de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the
mediation or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is
undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate
on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is
filed in a court of law.
4-l MATERIALS AND WORKMANSHIP
To Section 4-l .3.1, Inspection Requirements, General, add:
All work shall be under the obsenration of the Engineer or his appointed representative. The
Engineer shall have free access to any or all parts of work at any time. Contractor shall furnish
Engineer with such information as may be necessary to keep her/him fully informed regarding
progress and manner of work and character of materials. Inspection of work shall not relieve
Contractor from any obligation to futfill this Contract.
Modify Section 4-l .4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testing materials
and/or workmanship where the resutts of such tests meet or exceed the requirements indicated
in the Standard Specifications and the Special Provisiins. The cost of all other tests shall be
borne by the Contraotors.
At the option of the Engineer, the source of supply of each of he materials shall be approved
by him before the delivery is started. All materials proposed for use may be inspected or tested
at any time during their preparation and use. If, after trial, it is found that sources of supply
which have been approved do not furnish a uniform product, or if the product from any source
proves unacceptable at any time, the Contractor shall furnish approved material from other
approved sources. After improper storage, handling or any other reason shall be rejected.
5/l/95
49
All backfill and subgrade shall be compacted in accordance wlth the notes on the plans and the
SSPWC. Compaction tests may be made by the City and all costs for tests that meet or exceed
the requirements of the speciriions shall be borne by the City.
Said tests may be made at any place along the work as deemed necessary by the Engineer.
The costs of any retests made necessary by noncompliance with the specifications shall be
borne by the Contractor.
Add the following section:
4-l .7 Nonconfonnina Work
The contractor shall remove and replace any work not confoming to the plans or specifications
upon written order by the Engineer. Any cost caused by reason of this nonconforming work
shall be borne by the Contractor.
5-l LOCATION
Add the following:
The City of Carl&ad and affected utility companies have, by a search of known records,
endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the .
work. However, the accuracy of completeness of the utilitiis indicated on the Plans is not
guaranteed.
5-4 RELOCATION
Add:
The temporary or permanent relocation or alteration of utilities, including service connection,
desired by the Contractor for his/her own convenience shall be the Contractor’s own
responsibility, and he/she shall make all arrangements regarding such work at no cost to the
City. If delays occur due to utilities relocatiins which were not shown on the Plans, it will be
solely the City’s option to extend the completion date.
In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities which interfere with the construction, the Contractor, upon request to the City, may be
permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted
shall be constructed by the Contractor immediately following the relocation of the utility involved
unless otherwise directed by the City.
5-l CONSTRUCTION SCHEDULE
Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
1. The prime contractor is required to prepare in advance and submit at the time
of the project preconstruction meeting a detailed critical path method (CPM)
project schedule. This schedule is subject to the review and approval of the Cii.
5/l /95
50
2. The schedule shall show a complete sequence of construction activities,
identifying work for the complete project in addition to work requiring separate
stages, as well as any other logically grouped activitii. The schedule shall
indicate the early and late start, early and late finish, 50% and 90% completion,
and any other major construction milestones, materials and equipment
manufacture and delivery, logic ties, float dates, and duration.
3. The prime contractor shall revise and resubmit for approval the schedule as
required by City when progress is not in compliance with the original schedule.
The prime contractor shall submit revised project schedules with each and every
application for monthly progress payment identifying changes since the previous
version of the schedule.
4. The schedule shall indicate estimated percentage of completion for each item of
work at each and every submission.
5. The failure of the prime contractor to submit, maintain, or revise the
aforementioned schedule (s) shall enable City, at its sole election, to withhold up
to 10% of the monthly progress payment otherwise due and payable to the
contractor until the schedule has been submitted by the prime contractor and
approved by City as to completeness and conformance with the aforementioned
provisions. .
No changes shall be made to the construction schedule without the prior written approval of the
Engineer. Any progress payments made after the scheduled completion date shall not
constitute a waiver of this paragraph or any damages.
Coordination with the respective utility company for removal or relocation of confliiing utilities
shall be requirements prior to commencement of work by the Contractor.
6-6 TERMINATION OF CONTRACT
Grounds for termination of the contract by the City include failure of the City or Contractor to
obtain necessary permits from other governmental agencies, or unreasonable delay caused by
enforcement of laws and regulations by other public agencies, including but not limited to,
enforcement of the Endangered Species Act and other similar laws.
6-6.3 PAYMENT FOR DELAYS To CONTRACTOR
The City shall not be liable for delay caused by the enforcement of laws and regulations by
other public agencies, including but not limited to, enforcement of the Endangered Species Act
and other similar laws.
6-6 TERMINATION OF CONTRACT
Grounds for termination of the contract by the City include failure of the City or Contractor to
obtain necessary permits from other governmental agencies, or unreasonable delay caused by
enforcement of laws and regulations by other public agencies, including but not limited to,
enforcement of the Endangered Species Act and other similar laws.
5/l /95
51
PAYMENT FOR DELAYS To CONTRACTOR
The City shall not be liable for delay caused by the enforcement of laws and regulations by
other public agencies, including but not limited to, enforcement of the Endangered species Act
and other similar laws.
6-7 TlME OF COMPLETlON
The Contractor shall begin work within fifteen (15) calendar days after receipt of the ‘Notice to
Proceed’ and shall diligently prosecute the work to completion within one hundred eighty (160)
consecutive days after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 790 a.m. and
sunset, from Mondays through Fridays. The contractor shall obtain the approval of the Engineer
if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permission of the
Engineer. This written permission must be obtaii at least 46 hours prior to such work. The
Contractor shall pay the inspection costs of such work.
.
6-6 COMPLETlON AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a ‘Notice of Completion’ and any
faulty work or materials discovered during the guarantee period shall be repaired or replaced
by the Contractor, at his expense. Twenty-fiie percent of the faithful performance bond shall
be retained as a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES
Modify this section as follows:
If the completion date is not met, the contractor will be assessd the sum of $500 per day for
each day beyond the completion date as liquidated damages for the delay. Any progress
payments made after the specified completion date shall not constitute a waiver of this
paragraph or of any damages.
7-3 LIABILITY INSURANCE
Add the following:
All insurance is to be placed with insurers that have a rating in Rest’s Key Rating Guide of at
least A-:V and are admitted and authorized to conduct business in the state of California and
are listed in the official publication of the Department of Insurance of the State of California.
5/l /95
52
7-4 WORKERS’ COMPENSATlON INSURANCE
Add the following:
All insurance is to be placed with insurers that are admitted and authorized to conduct business
in the state of California and are listed in the offiiial publication of the Department of Insurance
of the State of California. Policies issued by the State Compensation Fund meet the requirement
for workers’ compensation insurance.
76 PERMITS
Modify the first sentence to read:
The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and
building pennits necessary to perform work for this contract on City property, in streets,
highways (except State highway right-f-way), railways or other rights-of-way.
Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
7-8 PROJECT AND SITE MANAGEMENT .
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working days at
the City’s request.
Add the following to Section 7-8:
78.8 Noise Control
All internal combustion engines used in the construction shall be equipped with mufflers in good
repair when in use on the project with special attention to City Noise Control Ordinance No.
3109, Carl&ad Municipal Code, Chapter 8.48.
Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all w precautions for the safety of employees on the work and
shall comply with all applicable provisiins of Federal, State and Municipal safety laws and
building codes to prevent accidents or injury to persons on, about, or adjacent to the premises
where the work is being performed. He/she shall erect and properly maintain at all time, as
required by the conditions and progress of the work, all necessary safeguards for the protection
of workers and public, and shall use danger signs warning against hazards created by such
features of construction as protruding nails, hoists, well holes, and falling materials.
5/l /95
53
7-13 LAWS To BE OBSERVED
Add the following:
Municipal ordinances which affect this work include Chapter 11.06. Excavation and Grading.
If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for
use in the proposed construction project which would be subject to Section 1601 or Section
1603 of the Fish and Game Code, such conditions or modifications established pursuant to
Section 1601 of the Fish and Game Code shall become conditions of the contract.
8 FACILITIES FOR AGENCY PERSONNEL
Delete this section.
“i-3 PAYMENT
Modify Section 93.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amount of
retention,
10 SURVEYlNG
Contractor shall employ a licensed land surveyor or registered civil engineer to perform
necessary surveying for this project. Requirements of the Contractor pertaining to this item are
set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service
within appropriate items of proposal. No separate payment will be made.
Surrey stakes shall be set and stationed by the Contractor’s surveyor for curbs at 50’ intervals
(25’ intervals for curves), curb returns at BCR, l/4, l/2, 3/4, and ECR, headers, sewers, storm
drains, and structures (4 comers min.). Rough grade as required to satisfy cut of fill to finished
grade (or flowline) as indicated on a grade sheet.
Contractor shall transfer grade hubs for construction and inspection purposes to crown line base
grade of streets as required by Engineer.
Contractor shall protect in place or replace all obliterated survey monuments as par Section
8771 of the Business and Professional Code.
Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commencing
construction of surveyed item.
11 WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for water utilized during the construction under
this contract. The Contractor shall contact the appropriate water agency for requirements. The
contractor shall include the cost of water and meter rental within appropriate items of the
proposal. No separate payment will be made.
5/l/95
54
II. SUPPLEMENTAL PROVISIONS
To STANDARD SPEClFlCATlONS FOR PUBLIC WORKS CONSTRUCTlON
FOR CONSTRUCTlON MATERIALS
(NOTE TO PROJECT MANAGER: These supplemental provisions for materials end work comprise the
technical or detail speMaWw and must be tailored to each project using the design engineer’s
experience and judgment. The Standard Special Provisions by the Regional Standards Committee is a
good reference.)
200-2 UNTREATED BASE MATERIAL
Aggregate base shall be crushed aggregate base (Section 200-2.2) crushed slag base (Section
200-2.3), or crushed miscellaneous base (Section 200-2.4).
201-l PORTLAND CEMENT CONCRETE
Concrete for drainage ditch shall be Class 520-C-2500.
Modify Section 201-l .2.1, Portland Cement, as follows:
First paragraph, first sentence amend to read: ‘All cement to be used or furnished shall be low .
alkali and shall be either Type I or Type II Portland Cement conforming to ASTM C 150, or Type
IP (MS) Portland Pouolan Cement conforming to ASTM C 595, unless otherwise specified.”
Modify Section 201-l .2.3, Water, as follows:
Second paragraph replace ‘1,000 ppm (mg/L) of sulfates’ with ‘1,300 @g/L) ppm of sulfates.’
Third paragraph replace ‘300 ppm (mg/L) of sulfates’ with ‘1,300 (mg/L) ppm of sulfates.”
(b) Air-entrainina Admixtures
Last paragraph amend to read: ‘A tolerance of plus or minus l-l/2 percent is allowed. The air
content of freshly mixed concrete will be determined California Test Method No. 504.’
Modify Section 201-l .3.3, Concrete Consistency, as follows:
Second paragraph delete: “and shall not exceed amounts shown in following table:” Also
delete table.
Modify Section 201-1.4.3, Transit Mixers, as follows:
Add after listing of information for weighmaster’s certifiite: ‘Transit mixed concrete may be
certified by mix design number, provided a copy of the mix proportions are kept on file at the
plant location for a period of 4 years after the use of the mix.’
201-2 STEEL REINFORCEMENT FOR CONCRETE
No changes.
5/l /95
55
203-6 and 40014 ASPHALT CONCRETE
Asphatt concrete shall be class C2-AR WOO, C8-AR 4ooo, or Type ill C3-AR ~OOO.
Modify Section 203-6.6.1, Batch Plant Method, as follows:
Third paragraph, delete ‘and from the Engineer’s field laboratory.’
Last paragraph, add after D 2172: ‘method A or B.’
Modify Section 2034.8, Miscellaneous Requirements, as follows:
Add the following: ‘Open graded asphalt concrete stored in excess of 2 hours, and any other
asphalt concrete stored in excess of 18 hours, shall not be used in the work.’
5/l 195
56
Ill. SUPPLEMENTAL PROVlSlONS
To STANDARD SPEClFlCATlONS FOR PUBUC WORKS
CONSTRUCTlON FOR CONSTRUCTlON METHODS
301-Z UNTREATED B&e
No change.
3025 ASPHALT CONCRETE PAVEMENT
A prima coat is not required for this contract. A seal coat is required and shall conform the
Section 302-5.9 of these supplemental provisicns.
Modify Section 302-5.1, General, as follows:
Paragraph 1, replace ‘Section 203-6’ with ‘Section 400-4.’
Last paragraph, add: ‘All testing of underground installations at any given point shall be
completed before the surfacing is placed at that point.’
Modify Section 302-5.2, Prime Coat, as follows: . .
After ‘grade SC-2W add ‘or MC 70.’
Modify Section 302.5.5.2, Density and Smoothness, as follows:
First paragraph, change l/8 inch (3mm) to l/4 inch (6mm).
Modify Sect&n 302-5.5.1, Rolling General, as follows:
Second paragraph, Part (2), add:
“Vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer.:
After last paragraph, add: ‘Unless directed by otherwise the Engineer, the initii breakdown
rolling shall be followed by a pneumatic-tired roller as described in this Section.
To Section 302-5.8, Measurement and Payment, add:
Cost of labor and materials for the seal coat shall be included in the unit price bid for asphalt
concrete.
5/l /95
57
Add the following:
302-5.9. Seal Coat
All asphalt concrete surfaces shall be seal-coated unless otherwise specified. The seal coat
shall consist of a coat of asphaltic emulsion and a cover coat of sand. The asphatic emulsion
shall be mixing type conforming to Section 203-3, ‘Emulsion Asphalt.’ Sand shall be clean and
dry. .
Immediately before applying asphattic emulsion, the surface to be seal-coated shall be
thoroughly cleaned of all dirt and loose material. Asphaltii emulsion shall not be applied when
the street is overly wet or when the atmospheric temperature is below 50 degrees Fahrenheit.
The asphaltio emulsion shall be applied by use of a power spraying device that uniformly
applies the emulsion to the surfacing at a rate of 0.1 to 0.15 gallon per square yard. The
distributor spray bar shall be equipped with asphaltic emulsion-type spray jets. Curbs, gutters,
and other adjoining improvements shall be carefully protected from the emulsion, and any such
improvements spattered or touched with emulsion shall be carefully cleaned.
Immediately after the application of asphaltic emulsion, a cover coat of sand shall be spread at
the rate of 6 to 12 pounds per square yard. After the sand has been spread, any piles, ridges,
or uneven distribution shall be broomed to maintain an even layer over the surface. Five days -
after the seal coat has been applied, the surface shall again be broomed and any excess sand
shall be picked up and removed from the job. The Engineer may authorize the sand to be
broomed, picked up and removed from the job after 2 or more days.
305-l OPEN TRENCH OPERATlONS
18’ RCP shall have a minimum cover of one (1) foot below finished grade. Bedding may be
aggregate base per these specifications.
Compaction shall be a minimum of 90% density and backfill shall be mechanically compacted.
310-5 PAINTING VARIOUS SURFACES
Modify Section 310-5.6.10, Painting Traffic Striping, Pavement Markings and Curb Markings, as
follows:
Payment for all pavement marking shall be a lump sum as proposed in the bid documents.
5/l /95
58
IV. SUPPLEMENTAL PROVISIONS FOR
CONSTRUCTION MATERIALS
5/l/95
AGENCY: CITY OF CARLSBAD
PROJECT: ASSESSMENT DISTRICT NO. 92-1
(LA COSTA DOWNS)
TO: CITY COUNCIL
ENGINEER'S "REPORT" PURSUANT TO THE
PROVISIONS OF SECTIONS 2961 AND 10204
OF THE STREETS AND HIGHWAYS CODE
Pursuant to the provisions of Part 7.5 of the "Special Assessment
Investigation, Limitation and Majority Protest Act of 1931", being
Division 4 of the Streets and Highways Code of the State of
California, and the l'Municipal Improvement Act of 1913", being
Division 12 of said Code, and in accordance with the Resolution of
Intention, being Resolution No. y5-205adopted by the CITY COUNCIL
of the CITY OF CARLSBAD, STATE OF CALIFORNIA, in connection with
the proceedings for ASSESSMENT DISTRICT NO. 92-1 ( LA COSTA DOWNS)
(hereinafter referred to as the l'Assessment District"), the
undersigned herewith submits the llReport" for the Assessment
District, consisting of six (6) parts as follows:
PART I
Plans and specifications for the proposed improvements are filed
herewith and made a part hereof. Said plans and specifications
are on file in the Office of the City Clerk.
PART II
An estimate of the cost of the proposed improvements, including
incidental costs and expenses in connection therewith is as set
forth on the lists thereof, attached hereto, and are on file in
the Office of the City Clerk.
PART III
This Part shall consist of the following information:
A. A proposed assessment of the total amount of the costs and
expenses of the proposed improvements upon the several
subdivisions of land within the Assessment District, in
proportion to the estimated benefits to be received by such
subdivisions, from said improvements, is set forth upon the
assessment roll filed herewith and made a part hereof.
B. The total amount, as near as may be determined, of the total
principal sum of all unpaid special assessments and special
assessments required or proposed to be levied under any
completed or pending assessment proceedings, other than that
contemplated for the Assessment District, which would require
an investigation and report under the "Special Assessment
Investigation, Limitation and Majority Protest Act of 1931"
against the total area proposed to be assessed.
C. The total true value, as near as may be determined, of the
parcels of land and improvements which are proposed to be
assessed.
PART IV
A diagram showing the Assessment District, the boundaries and the
dimensions of the subdivisions of land within said Assessment
District, as the same existed at the time of the passage of the
Resolution of Intention, is filed herewith and made a part hereof
of the assessment.
PART V
This Part shall consist of the following information:
A. Description of the work for the proposed improvements;
B. Description of all rights-of-way, easements and lands to be
acquired, if necessary;
C. Environmental Certification.
Dated this '23 day of r'tne , 199s.
JOHN POWELL EC ASSOCIATES, INC.
Y ASSESSMENT ENGINEER
CITY OF CARLSBAD
STATE OF CALIFORNIA
PRELIMINARY APPROVAL BY THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ON THE //+4 DAY OF ,Tu,q , 1995.
CITY CLERK I
CITY OF CARLSBAD
STATE OF CALIFORNIA
FINAL APPROVAL BY THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ON THE DAY OF , 1995.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
ENGINEER'S "REPORT"
PART I
PLANS AND SPECIFICATIONS
The plans and specifications for this Assessment District are
referenced herein and incorporated as if attached and a part of
this llReportl'.
1. Contract Documents and Special Provisions for La Costa Downs,
SP 201, Assessment District No. 92-01, PD414.
2. Improvement plans for: Ponto Road, Descanso Blvd., Franciscan
Road, La Costa Downs, Sp 201, A.D. 92-01, approved 6/13/94.
Drawing No. 331-8
3. San Diego Gas and Electric plans for: Contract Order No.
2475850, Project No. 308067-010.
4. Pacific Bell Plans For: Job Number DB(19)7362R.
ENGINEER'S "REPORT"
PART II
COST ESTIMATE
I. PUBLIC WORKS CONSTRUCTION
RID ITEMS
Schedule A
la. Water Improvements
(Bid Items l-12)
2a. Sewer Improvements
(Bid Items 13-16)
Schedule B
lb. Water Improvements
2b. Sewer Improvements
3. Grading Improvements
(Bid Items 17-19)
4. Public Street/Drainage
Improvements(Bid Items 20-37)
5. Miscellaneous Traffic
Control (Bid Items 41-42)
6. Utility Joint Trench and
Substructures
SUBTOTAL, PUBLIC WORKS OF
CONSTRUCTION (l):
EST. COST
PRELIMINARY CIONFIRMED
$49,512
$30,437
$39,625
$53,375
$28,558
$367,181
$20,936
$90,000
$679,624
PART II CON'T.
II. WORK BY OTHERS (CONSTRUCTION):
BID ITEMS
1. Franchise Utility Improvements
(SDG&E, Pacific Bell, MCI)
SUBTOTAL, WORK BY OTHERS
(CONSTRUCTION)
TOTAL CONSTRUCTION (ITEMS I AND II) $821,624
CONSTRUCTION CONTINGENCY (15%) $123,244,
TOTAL CONSTRUCTION AND CONTINGENCY $944,868
III. INCIDENTAL EXPENSES
Design Engineering
Soils Investigation
Assessment Engineering
Special Counsel
Financial Consultant
Agency Administration
Appraisals
Acquisition of Easements
Plan Checking
Construction Inspection
Construction Survey
Compaction Test
Printing, Advertising, Notices,
etc.
Bond Printing and Servicing
Official Statement
Incidental Contingency (10%)
SUBTOTAL INCIDENTAL COSTS
EST. COST
PRELIMINARY CONFIRMED
$142,000
$142,000
EST. COST
PRELIMINARY CONFIRMED
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
40,000
3,950
18,956
11,000
2,000
30,000
3,250
14,163
15,130
30,260
20,000
4,000
2,000
5,000
2,500
20,221
222,430
Bond Discount $ 30,000
TOTAL INCIDENTALS AND
FINANCING COSTS $ 252,430
TOTAL CONSTRUCTION
AND INCIDENTALS $1,197,298
IV. CREDITS(2) $ 37,662
BALANCE TO ASSESSMENT $1,159,636
NOTE: (1) All of the construction cost estimates were
prepared by the project design engineer, La Costa
Engineering.
(2) Credits include previous cash deposits and
easement acquisition credits.
ENGINEER'S "REPORT"
PART III
WHEREAS, on Tti~v 11 , 1995, the CITY COUNCIL of the CITY OF
CARLSBAD, CALIFORNIA, did, pursuant to the provisions of the
"Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, and as
amended, adopt its Resolution of Intention No. 95-~0$ for the
installation of certain public improvements, together with
appurtenances and appurtenant work in connection therewith, in a
special. assessment district known and designated as ASSESSMENT
DISTRICT NO'. 92-l (LA COSTA DOWNS) (hereinafter referred to as the
"Assessment Districtt'); and,
WHEREAS, said Resolution of Intention, as required by law, did
direct the appointed Superintendent of Streets to make and file a
llReportll, consisting of the following:
A. Plans;
B. Specifications;
C. Cost estimate;
D. Assessment Diagram showing the Assessment District and the
Subdivisions of land contained therein;
E. A proposed assessment of the costs and expenses of the works
of improvement levied upon the parcels and lots of land
within the boundaries of the Assessment District.
For particulars, reference is made to the Resolution of Intention
as previously adopted.
NOW, THEREFORE, the undersigned, pursuant to the "Municipal
Improvement Act of 1913", does hereby submit the following:
1. Pursuant to the provisions of law and the Resolution of
Intention, I have assessed the costs and expenses of the
works of improvement to be performed in the Assessment
District upon the parcels of land in the Assessment District
benefited thereby in direct proportion and relation to the
estimated benefits to be received by each of said parcels.
For particulars as to the identification of said parcels,
reference is made to the Assessment Diagram, a copy of which
is attached hereto.
2. As required by law, a Diagram is hereto attached, showing the
Assessment District, as well as the boundaries and dimensions
of the respective parcels and subdivisions of land within
said District as the same existed at the time of the passage
of said Resolution of Intention, each of which subdivisions
of land or parcels or lots respectively have been given a
separate number upon said Diagram and in said Assessment
Roll.
3. The subdivisions and parcels of land the numbers therein as
shown on the respective Assessment Diagram as attached hereto
correspond with the numbers as appearing on the Assessment
Roll as contained herein.
4. NOTICE IS HEREBY GIVEN that bonds will be issued to represent
all unpaid assessments and the interest rate on said bonds
will not exceed the current legal maximum- rate of 12% per
annum. Said bonds will be issued hereunder in the manner and
form as provided by the "Improvement Act of 1911", being
Division 7 of the Streets and Highways Code of the State of
California. The last installment of bonds shall not exceed
fourteen (14) YEARS from the second day of January next
succeeding the next September 1st following their date.
Bonds also provide a redemption premium of 5% on unmatured
principal.
5. By virtue of the authority contained in said "Municipal
Improvement Act of 1913", and by further direction and order
of the legislative body, I hereby make the following
Assessment to cover the costs and expenses of the works of
improvement for the Assessment District based on the costs
and expenses as set forth below:
AS PRELIMINARY AS FINALLY
APPROVED CONFIRMER
Estimated Cost of Constr.: $ 944,868
Estimated Incidental Costs
and Expenses $ 252,430
Estimated Total Cost: $ 1,197,298
Estimated Credits: $ (37,662)
Balance to Assessment: $ 1,159,636
For particulars as to the individual assessments and their
descriptions, reference is made to the Exhibit ‘A" attached
hereto.
6. The Method of Spread of Assessment is as set forth in Exhibit
"A" , which is attached hereto, referenced and so
incorporated.
DATED: svr@ 23 , 1995.
JOHN POWELL & ASSOCIATES, INC.
-&iL4fLP
ASSESSMENT ENGINEER
CITY OF CARLSBAD
STATE OF CALIFORNIA
ENGINEER'S "REPORT"
PART III (A)
ASSESSMENTS
Assessment
Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24A&B
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Totals
Property
]le8criPtion
Lot 1, Block 22
Lot 2, Block 22
Lot 3, Block 22
Lot 4, Block 22
Lot 5, Block 22
Lot 6, Block 22
Lot 7, Block 22
Lot 8, Block 22
Lot 9, Block 22
Lot 10, Block 22
Lot 11, Block 22
Lot 1, Block 23
Lot 2, Block 23
Lot 3, Block 23
Lot 4, Block 23
Lot 5, Block 23
Lot 6, Block 23
Lot 7, Block 23
Lot 8, Block 23
Lot 9, Block 23
Lot 10, Block 23
Lot 11, Block 23
Lot 12, Block 23
Lot 13, Block 23
Lot 14, Block 23
Lot 15, Block 23
Lot 16, Block 23
Lot 17, Block 23
Lot 18, Block 23
Lot 19, Block 23
Lot 20, Block 23
Lot 1, Block 24
Lot 2, Block 24
Lot 3, Block 24
Lot 4, Block 24
Lot 5, Block 24
Lot 6, Block 24
Lot 7, Block 24
Lot 8, Block 24
Lot 9, Block 24
a. b.
County True Value
Assessor of Parcel
Roles (1931 Act)
As Prelim- As Finally
inarily Confirmed
aDDroved f Recorded
$25,091 $120,000 $29,749
$25,091 $120,000 $29,781
$25,091 $120,000 $29,814
$25,091 $120,000 $29,848
$25,091 $120,000 $29,881
$25,091 $120,000 $29,914
$25,091 $120,000 $29,947
$25,091 $120,000 $29,981
$25,091 $125,000 $29,965
$25,091 $125,000 $25,944
$25,091 $115,000 $29,803
$81,600 $130,000 $28,821
$102,405 $125,000 $29,923
$7,832 $125,000 $29,923
$8,412 $125,000 $28,898
$48,450 $125,000 $28,898
$28,812 $125,000 $28,898
$70,000 $125,000 $29,923
$86,700 $125,000 $28,923
$2,843 $125,000 $28,833
$29,876 $120,000 $28,954
$29,876 $115,000 $28,610
$3,664 $125,000 $24,923
$46,430 $125,000 $29,278
$102,405 $125,000 $29,023
$22,971 $125,000 $29,023
$102,405 $125,000 $29,923
$17,923 $125,000 $28,923
$7,832 $125,000 $29,023
$23,898 $125,000 $28,923
$24,375 $130,000 $28,871
$4,341 $140,000 $28,973
$4,341 $140,000 $28,923
$3,664 $135,000 $29,023
$26,359 $135,000 $28,923
$50,407 $135,000 $28,923
$50,407 $135,000 $29,723
$100,398 $135,000 $28,923
$4,341 $135,000 $28,728
$4,341 $130,000 $24,357
$1,373,309 $5,040,000 $1,159,636
Note: All of the legal descriptions (i.e. Lot 2, Block 24) are a part of La Costa Downs Subdivision, Unit
No. 1, according to Map 2013, located in the City of Carlsbad, County of San Diego, State of California.
A.
B.
C.
*
**
ENGINEER'S "REPORT"
PART III (B)
PEBT LIMIT VALUATION
ESTIMATED BALANCE TO ASSESSMENT $
UNPAID SPECIAL ASSESSMENTS $
TOTAL A & B $
TRUE VALUE OF PARCELS $
1,159,636
o*
1,159,636
5,040,000**
Unpaid Special Assessments shall consist of the total
principal sum of all unpaid special assessments previously
levied or proposed to be levied other than the instant
proceedings.
True Value of Parcels means the total value of the land and
improvements as estimated and described in the appraisal
report entitled, "LA COSTA DOWNS ASSESSMENT DISTRICT NO. 92-l
40 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED EAST OF OLD HIGHWAY
101, NORTH OF LA COSTA BOULEVARD, LA COSTA, CALIFORNIA",
prepared by Interstate Appraisal Corporation, Date of Value:
June 1, 1995, Date of Report: June 3, 1995.
CERTIFICATION
I, the undersigned Assessment Engineer, do hereby certify that the
total amount of the principal sum of the special assessments
proposed to be levied, together with the principal amount of
previously levied special assessments, as set forth above, does
not exceed one-half (l/2) the total true value of the parcels
proposed to be assessed.
EXECUTED this 23 day of June, 1995.
JOHN POWELL & ASSOCIATES, INC.
ASSESSMENT ENGINEER
CITY OF CARLSBAD
STATE OF CALIFORNIA
ENGINEER'S "REPORT"
EXHIBIT "A"
Q E
The law requires and the statutes provide that assessments, as
levied pursuant to the provisions of the "Municipal Improvement
Act of 1913", must be based on the benefit that the properties
receive from the works of improvement. The statute does not
specify the method or formula that should be used in any special
assessment district proceedings. The responsibility rests with
the Assessment Engineer, who is appointed for the purpose of
making an analysis of the facts and determining the correct
apportionment of the assessment obligation. For these
proceedings, the City has retained the services of John Powell & . . Associates, Inc. (See I . o-ualrficatIons and exnerience.)
There are five general types of benefits that the properties will
receive as a part of Assessment District 92-l. These include
sewer system benefits, water system benefits, street benefits,
drainage benefits, and franchised utility improvements.
A separate discussion is provided below for each general category
of benefit. For each category, it is first necessary to identify
the benefit that the public improvement will render to the
properties within the boundaries of the assessment district. In
further making the analysis, it is then necessary to show the
property owners receive a special and direct benefit
distinguishable from that of the general public. In each case, an
in-depth analysis was made and various factors were utilized in
developing the final method and formula of assessments spread.
The Assessment Engineer then makes his recommendation at the
public hearing on the Assessment District. The final authority
and action rests with the City Council after hearing all testimony
and evidence presented at that public hearing. Upon the
conclusion of the public hearing, the City must make the final
action in determining whether or not the assessment spread has
been made in direct proportion to the benefits received.
SEWER SYSTEM BENEFITS
The properties within the assessment district boundaries are
currently not served by a sewer system. The construction of the
sewer mains and manholes will provide special and direct benefits
to all of the properties within the assessment district. The new
sewage facilities will provide continuous sewage service for the
benefiting properties. The construction of new sewer access
structures will also allow for proper maintenance to prevent
plugging and blocking of the sewer mains.
The sewer system improvement costs will be assessed to each
property based on equivalent dwelling units (i.e. single family
residential, duplex, condominium). In this assessment district,
each benefiting property has the same equivalent dwelling unit
value and will receive equal benefit from the sewer improvements.
Therefore, each benefiting property will be equally assessed for
the costs of the sewer improvements.
WATER SYSTEM BENEFITS
The new water system improvements will serve as an integrated
system, directly benefiting all the properties included within the
assessment district boundaries. The specific benefits include
water service and fire fighting capability.
The water system improvements costs will be assessed to each
property based on estimated water usage. The water demand for
each benefiting property is determined based on the established
typical water usage. In this assessment district, each benefiting
property has the same land use zoning and the same estimated water
usage. Therefore, each benefiting property will receive equal
benefit and will be equally assessed for the water improvements.
STREET SYSTEM BENEFITS
The majority of the subdivision street area is currently unpaved.
The portion of Ponto Drive which is paved, is developed to
substandard conditions and must be reconstructed. As a result,
all properties within the assessment district will receive direct
benefit from the street improvements.
The costs for street improvements will be assessed to benefiting
properties based on access benefits received. The access benefits
are assessed to each benefiting property based on trip generation.
The number of trips per day is estimated utilizing the standards
of the San Diego Association of Governments. Each land use type
(i.e. duplex, single family residence, condominium) is assigned a
particular value of trips per day per unit.
In this assessment district all of the benefiting properties are
the same land use tse and have the same estimated trip
generation. Therefore, each benefiting property will receive equal
benefit and will be equally assessed for the street improvement
costs.
To facilitate the construction of the street improvements, roadway
easements will be acquired from all of the lots within the
assessment district. A typical 3-foot wide roadway easement along
the property frontage will be acquired from all of the lots and
each parcel will contribute equally. To accommodate the cul-de-
sacs, lots assigned Assessment District Number's 9,10,20,23,24,
and 40 are required to grant additional roadway easement areas
greater then the typical 3-foot roadway easement.
A value for additional roadway easement area was established by
the City of Carlsbad Engineering Department. The lots granting
additional easements have a credit, proportional to the additional
easement area, applied to their share of the assessed costs.
DRAINAGE IMPROVEMENTS
Currently there are no storm drain improvements serving the area
within the assessment district. The construction of inlets, storm
drains, and catchbasins will provide special and direct benefits
to all of the properties within the assessment district. The new
drainage facilities will provide benefiting properties protection
against flooding and property damage and will enable all of the
benefiting properties to be developed.
The drainage improvements costs were assessed to the benefiting
properties bases on the lot's net area. The net area is the area
of the benefiting property minus all public roadway easements.
The area of a lot is directly proportional to the storm runoff
generated from a lot and is the equitable manner to proportion
drainage costs. The benefiting properties will receive direct
benefits proportional to the area of the property not including
public roadway easements. Therefore, the benefiting properties
will be assessed the drainage improvement costs based on their
pro-rata share of net area.
FRANCHISE UTILITIES
Construction of new underground utility systems will including San
Diego Gas and Electric, Pacific Bell. The new underground utility
systems will serve as individual integrated systems, benefiting
all of the properties receiving service from the new systems.
Each property will receive equal service capabilities, therefore,
the total cost of the underground utility systems will be assessed
to each property evenly.
SUMMARY
The above discussion provides a general description of the methods
and formulas used for assessment spread. A detailed breakdown and
accounting of the assessments for all properties are contained in
the files of the Superintendent of Streets. The amounts of the
assessment spread to each benefiting property are attached.
In conclusion, it is my opinion that the assessment for the above
referenced Assessment District has been spread in direct
accordance with the benefits that each parcel receives from the
works of improvement.
DATE: &qe 23 , 1995
JOHN POWELL & ASSOCIATES, INC.
ASSESSMENT ENGINEER
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, ALETHA PAUTENKFWNZ, as CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA, do hereby certify that the foregoing Assessment,
together with the Diagram attached thereto, was filed in my office
on the 19tb day of TIALY , 1995.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, ALETHA RAUTENKRANZ as CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA, do hereby certify that the foregoing Assessment,
together with the Diagram attached thereto, was approved and
confirmed by the City Council of said City on the ]jti day of
, 1995. , T"Lf
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, LLOYD HUBBS, as SUPERINTENDENT OF STREETS of the CITY OF
CARLSBAD, CALIFORNIA, do hereby certify that the foregoing
Assessment, together with the Diagram attached thereto, was
recorded in my office on the q#day of TjLY , 1995.
STATE OF CALIFORNIA
ENGINEER'S "REPORT"
PART IV
DIAGRAM OF ASSEiSSMENT DISTRICT
See attached full-size copy of the Assessment Diagram, Sheets 1
through 2 of 2.
ENGINEER'S "REPORT"
PART VI (A)
DESCRIPTION OF WORKS OF IMPROVEMENT
The proposed works of improvement for Assessment District 92-1 are
generally described as follows:
I. STORM DRAIN IMPROVEMENTS
The storm drain improvements include constructing an 18-inch
diameter storm drain in Ponto Drive and Franciscan Road both
running south to a 18-inch/24-inch storm drain in the La
Costa Boulevard right-of-way. The storm drain will discharge
through an energy dissipater approximately eighty feet north
of the assessment boundaries within the La Costa Boulevard
right-of-way.
II. SEWER IMPROVEMENTS
The sewer improvements include constructing an 8-inch
diameter sewer main with access structures starting at a high
point in the south cul-de-sac of Ponto Drive flowing north to
Descanso Boulevard, then flowing east in Descanso Boulevard
to Franciscan Road, then flowing south in Franciscan Road and
discharging into an existing 18-inch sewer main in the La
Costa Boulevard right-of-way. The sewer improvements also
include constructing a 4-inch diameter sewer lateral for each
lot within the assessment district.
III. WATER SYSTEM IMPROVEMENTS
The water improvements include constructing a new water main
loop to serve the lots within the assessment district. The
water main on Ponto Drive will be lo-inch diameter and the
water mains on Descanso Boulevard and Franciscan will be 8-
inch diameter. The water main loop will tie into an existing
12-inch water main in the La Costa Boulevard right-of-way at
the intersections with Ponto Drive and Franciscan Road. The
water improvements also include installing four fire hydrants
and a l-inch diameter water service for each lot within the
assessment district.
IV. STREET IMPROVEMENTS
The street improvements include constructing 36-foot wide
paved roadways within Descanso Boulevard, Ponto Drive, and
Franciscan Road. The improvements will include curb,
gutters, street lights, and a S-foot sidewalk on each side of
the roadway. The improvements also include constructing cul-
de-sacs at the south end of Ponto Drive and Franciscan Road.
The cul-de-sac at the southern end of Ponto Drive will be
modified to provide continued access to the Lanikai Lane
Mobile Home Park.
V. FRANCHISE UTILITY IMPROVEMENTS
The franchise utility improvements include constructing
underground infrastructure and providing services to each
property from Pacific Bell, San Diego, Gas and Electric. The
joint trenching and conduit installation will be included in
the improvements put out to bid. The responsibility for
installing wires and providing services will be contracted
directly with each individual franchise utility. An overhead
MCI telecommunication line will also be relocated underground
within a utility easement along the east side of Franciscan
Road.
VI. EASEMENT ACQUISITION
A 3-foot wide street dedication and an additional 3-foot wide
utility easement will be acquired from the properties on each
side of Ponto Drive and Franciscan Road. Additional street
dedication will be acquired from assessment district lot
numbers 9,10,11,20,21,22,23,24,39, and 40 to facilitate the
cul-de-sacs at the end of Ponto Drive and at the end of
Franciscan Road. A 3-foot wide utility easement will also be
acquired from the properties on the south side of Descanso
Boulevard.
ENGINEER'S "REPORT"
PART VI (B)
RIGHT-OF-WAY CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the
following is all true and correct.
At all times herein mentioned, the undersigned 'was, and now is,
the duly appointed SUPERINTENDENT OF STREETS of the CITY OF
CARLSBAD, CALIFORNIA.
That there have now been instituted proceedings under the
provisions of the l'Municipal Improvement Act of 1913", being
Division 12 of the Streets and Highways Code of the State of
California, for the installation of certain public improvements in
a special assessment district known and designated as ASSESSMENT
DISTRICT NO. 92-l (LA COSTA DOWNS) (hereinafter referred to as the
"Assessment District").
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
(check one)
[xl a. That all easements, rights-of-way, or land necessary
for the accomplishment of the works of improvement for
the above-referenced Assessment District have been
obtained and are in the possession of the City.
[I b. That all easements, right-of-way or land necessary for
the accomplishment of the works of improvement for the
above referenced Assessment District have been obtained
and are in the possession of the City, EXCEPT FOR THOSE
DESCRIBED IN EXHIBIT "B" attached hereto, showing legal
description and maps of rights-of-way and easements not
yet obtained at this time.
It is further acknowledged that works of improvement as proposed
to be installed within said Assessment District must be installed
within public rights-of-way, land, or easements as owned by said
City at the time of the installation of the works of improvement,
and the undersigned hereby further certifies that all rights-of-
way necessary for the works of improvement will be obtained and in
the possession of the City prior to the commencement of any
installation.
EXECUTED this LGw day of &Ld I 1995, at Carlsbad,
California.
STATE OF CALIFORNIA
c ENGINEER'S "REPORT"
PART VI (C)
CERTIFICATION OF COMPLETION OF
; E
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
The undersigned, under penalty of perjury, CERTIFIES as follows:
1. That I am the person authorized to prepare and process all
environmental documentation as needed as it relates to the
formation of the special assessment district -being formed
pursuant to the provisions of the "Municipal Improvement Act
of 1913", being Division 12 of the Streets and Highways Code
of. the State of California, said special assessment district
known and designated as ASSESSMENT DISTRICT NO. 92-l (LA
COSTA DOWNS) (hereinafter referred to as the "Assessment
District") .
2. The specific environmental proceedings relating to this
Assessment District that have been completed are as follows:
A. Negative declaration issued by the Planning Director on
July 12, 1989.
B. Negative declaration recommended by the Planning
Commission on April 17, 1991 (per Resolution No. 3146).
C. Negative declaration recommended by the City Council on
June 18, 1991 (per Resolution No. 91-185).
3. I do hereby certify that all environmental evaluation
proceedings necessary for the formation of the Assessment
District have been completed to my satisfaction, and that no
further environmental proceedings are necessary.
EXECUTED this 5% day of , 1995, at Carlsbad,
California.
&v&+
PLANNING D&ECTdjd
CITY OF CARLSBAD
STATE OF CALIFORNIA
.
.
ENGINEER'S "REPORT"
EXHIBIT "A-l"
ASSESSMENT ENGINEER OUAWFICATIONS
The Assessment Engineer for Assessment District 92-l is Thomas R.
Frank. Mr. Frank is an experienced registered Civil Engineer,
with over 7 years of experience in the field of public works
design and construction. Mr. Frank has served as project engineer
and project manager for a wide variety of civil engineering
projects including complex water and sewer system projects,
extensive drainage projects, and a variety of street construction
and improvement projects. For the majority of these projects, Mr.
Frank was responsible for preliminary feasibility studies,
detailed engineering design-, detailed engineering cost estimates,
construction management, and construction inspection.
As a result of Mr. Frank's engineering experience, he has gained
extensive experience with construction cost estimating. He has
applied this experience to the preparation of the cost estimates
for Assessment District No. 92-l.
In addition to design engineering experience, Mr. Frank is highly
experienced with the associated assessment engineering. Mr. Frank
has provided assessment engineering services for a variety of
projects within San Diego County, including the Luneta/Stratford
Utility Undergrounding Assessment District, and a Seawall District
for the City of De1 Mar. Mr. Frank is experienced with the
various methods used for assessment spread and has developed a
very complete and comprehensive assessment for Assessment District
92-l.
TF:tb
82.020\2AD92-l.RPT
(S/23/95)