HomeMy WebLinkAbout2001-08-07; City Council; 16309; Advertise for Bids - Construction of Orion Street4B# 1G 13~9
IilTG. 8/07/O 1
IEPT. ENG
CITY OF CARLSBAD -AGENDA BILL
TITLE: APPROVAL OF PLANS AND SPECIFICATIONS FOR
ORION STREET FROM EL CAMINO REAL TO FARADAY AVENUE,
FINDING OF ENVIRONMENTAL COMPLIANCE, AUTHORIZING
ADVERTISEMENT FOR BIDS, PROJECT NO. 3603 AND APPROVAL OF
AGREEMENT FOR REIMBURSEMENT OF COSTS
RECOMMENDED ACTION:
Adopt Resolution No. &@l- 2q 2 approving the plans and specifications for the construction of
Orion Street from El Camino Real to Faraday Avenue; finding of environmental compliance,
authorizing the City Clerk to advertise for bids, Project No. 3603 and approving the Agreement for
Reimbursement of Costs.
ITEM EXPLANATION:
P&D Consultants IncKonsoer Townsend Envirodyne Engineers (P&D/CTE) has completed the
design for the reconstruction of Orion Street from El Camino Real easterly to Faraday Avenue and
an auxiliary lane on northbound El Camino Real for a right-hand turn to Orion Street as previously
authorized by the City Council.
The improvements to Orion Street were included in the settlement agreement amongst the City of
Carlsbad, the County of San Diego and Coast Waste Management dated August 8, 1997. The
settlement agreement with the County contains a provision that the County will contribute up to
$500,000 towards the project. The City has received a $500,000 payment from the County.
In addition to the funding from the County the developer of the Carlsbad Corporate Center (MSGW
California II, LLC), including the FedEx building, was conditioned to construct off-site improvements
to Orion Street as a part of their development. These improvements could not be constructed until
the City performed its proposed reconstruction of Orion Street due to conflicts in the proposed
grade at Faraday Avenue. Since it is advisable to construct both the developer’s conditioned
improvements and the City’s proposed improvements at the same time by the same contractor to
avoid differential settlement and pavement joints, the attached agreement for reimbursement of costs has been prepared for the developer to reimburse the City for the developer’s fair share of
the costs. The developer has signed the reimbursement agreement and deposited $20,000 with
the City to date pursuant to paragraph 5(a) 1) of the agreement.
Staff recommends that the City Council approve the plans and specifications for construction of
Orion Street from El Camino Real to Faraday Avenue; finding of environmental compliance,
authorize the City Clerk to advertise for bids, Project No. 3603 and approve the Agreement for
Reimbursement of Costs.
ENVIRONMENTAL REVIEW:
Project No. 3603 was reviewed for environmental impacts, which resulted in the issuance of a Negative Declaration, EIA 98-07, on June 11, 1998. No significant impacts were identified. A Notice of Determination will be issued upon approval of the plans and specifications and authorizing the City Clerk to advertise for bids for the construction of these improvements.
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Page 2 of Agenda Bill No. 1 b 130 4
FISCAL IMPACT:
Funding for the project, including the developer’s contribution, totals $1,260,000 ($660,000 City
funds plus $500,000 County payment plus $100,000 developer funds). The total project cost,
including the developer’s share, is estimated to be $1,260,000 as itemized below. The $660,000 in
City funding has already been appropriated from the General Capital Construction fund.
EXHIBITS:
1.
2.
Location Map.
Resolution No. a&) \- #a approving plans and specifications for the construction of Orion
Street from El Camino Real to Faraday Avenue; finding of environmental compliance,
authorizing the City Clerk to advertise for bids, Project No. 3603 and approving the
Agreement for Reimbursement of Costs.
3. Agreement for Reimbursement of Costs for Design & Construction of Improvements for
Orion Street.
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LOCATION MAP
NOT TO SCALE
SHEET 1 OF 1
PROJECT NAME ACCESS ROAD PN\OMJ;E; EXHIBIT
THROUGH COAST WASTE MANAGEMENT 3603 I 3
RESOLUTION NO. 2001-242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR CONSTRUCTION OF ORION STREET, FROM
EL CAMINO REAL TO FARADAY AVENUE; FINDING OF
ENVIRONMENTAL COMPLIANCE, AUTHORIZING THE CITY CLERK
TO ADVERTISE FOR BIDS, PROJECT NO. 3603 AND APPROVING
AGREEMENT FOR REIMBURSEMENT OF COSTS
WHEREAS, plans and specifications for the construction of Orion Street,
Project No. 3603, have been prepared and are on file in the Engineering Department of the
8 City of Carlsbad and are incorporated by reference herein; and
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WHEREAS, the City Council of the City of Carlsbad has reviewed, analyzed and
considered the Negative Declaration EIA 98-07 for this project that was issued on June 11, 1998;
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WHEREAS, based on the EIA Part II, comments thereon, and that there have not been
any changes to the project, the site or to the circumstances considered in the Negative
I4 Declaration EIA 98-07 that would require subsequent or supplemental environmental review; and
15 WHEREAS, upon approval of the project a Notice of Determination will be issued in
I6 compliance with Title 19 of the Carlsbad Municipal Code and the California Environmental Quality
17 Act (CEQA); and
18 WHEREAS, the City Council of the City of Carlsbad has previously appropriated funds for
qg this project and will consider additional appropriations as may be necessary to complete this
2. project; and
21 WHEREAS, the County of San Diego has reimbursed the City for the cost of Orion Street,
22 in the amount of $500,000 pursuant to a settlement agreement dated August 8, 1997; and
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WHEREAS, an Agreement with MSGW California II, LLC for Reimbursement of Costs for
Design and Construction of Improvements for Orion Street (the “Agreement”) has been prepared
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and is incorporated by reference herein;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
27 1. That the above recitations are true and correct.
28 2. That plans and specifications as presented are hereby approved.
1 3.
2 Council.
That Negative Declaration EIA 98-07 reflects the independent judgment of the City
3 4. That the City Clerk of the City of Carlsbad is hereby authorized and directed to
4 proceed to publish, in accordance with law, Notice to Contractors inviting bids for the construction
5 of Orion Street, Project No. 3603, in accordance with the plans and specifications hereinabove
6 referred to.
5. 7 That the Agreement with MSGW California II, LLC is hereby approved and the
Mayor is hereby authorized and directed to execute the Agreement on behalf of the City.
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6. Following the Mayors signature of the Agreement, The City Clerk is further 9
authorized and directed to forward copies of the Agreement to MSGW California II, LLC and to
IO the Engineering Department for their files.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 7th day of August , 2001 by the following vote, to wit:
14 AYES: Council Members Lewis, Kulchin, Nygaard and Hall.
15 NOES: None.
&A-+&a
City Clerk c/
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APN: 20%050-25/SDP 97-08(A)
AGREEMENT FOR REIMBURSEMENT OF
COSTS FOR DESIGN & CONSTRUCTION OF
IMPROVEMENTS FOR ORION STREET
THIS AGREEMENT FOR REIMBURSEMENT OF COSTS FOR DESIGN AND
CONSTRUCTION OF IMPROVEMENTS FOR ORION STREET BETWEEN EL CAMINO REAL
AND FARADAY AVENUE (“Reimbursement Agreement”), dated as of A&&uIIst 10, 2001, is
made at San Diego County, California, between MSGW CALIFORNIA II, LLC a-GaIkmia
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&nited-&iibiity-Cefpofatti (“Developer”), and THE CITY OF CARLSBAD, a municipal
corporation of the State of California (” a Delaware limited liability corn
A. Developer is completing the construction of improvements on property identified as
Assessor’s Parcel Number 209-050-29 and known as the Carlsbad Corporate Center (“Project”)
located west of Orion Street, south of Faraday Avenue and east of El Camino Real as indicated
on Site Development Plan Amendment 97-08(A) (“Site Development Plan Amendment”) as
further shown in Exhibit A. The Developer has obtained City approval of improvement plans for the Project (DWG 381-2) that includes the design of certain improvements in Orion Street off-
site from the subject property on Assessor’s Parcel Number 209-050-25 (“Orion Street
Improvements”) as further shown in Exhibit B. City’s Planning Commission, by Planning
Commission Resolution No. 4552, recommended conditional approval of the Site Development
Plan Amendment on May 19, 1999.
B. Site Development Plan Amendment Condition of Approval No. IlD. requires
Developer to prepare documents satisfactory to the City Engineer and agree to install additional
street improvements in Orion Street off-site from the Project including any necessary transitions
to existing grading and improvements. Because the Orion Street Improvements are connected
to the City’s Capital Improvement Project No. 3603 (“CIP Project”) and since it is in the best
interest of both the Developer and City to construct both the Orion Street Improvements and
CIP Project (“Joint Improvements”) at the same time by the same contractor, therefore certain
costs incurred by City in performing the design and construction of Joint Improvements are
reimbursable from the Developer.
NOW, THEREFORE, the City and Developer agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated herein by
this reference.
2. Citv Oblinations. In consideration of Developer’s reimbursement and other
undertakings as set forth herein, City agrees to perform the following in order to construct the
Joint Improvements defined below (collectively, the “City Obligations”). Developer agrees that
the City Obligations will only partially satisfy implementation of Developer’s Condition 11 D of the
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Site Development Plan Amendment, in that the Developer is still responsible for additional items
of work as stated in Paragraph 3 below.
Joint Improvements
(a) Complete the design of CIP Project for Grading and
Improvement Plans (DWG 380-9) including the necessary
references to Orion Street Improvements, which have been
prepared by Developer;
(b) Obtain City approval of the CIP Project;
(c) Grade the full-width right-of-way;
(d) Construct street improvements including subgrade preparation, aggregate base, asphalt paving and concrete
curb and gutter;
(e) Construct 48-inch RCP Storm Drain for Orion Street
Improvements as shown on Sheet 4 of DWG 381-2; (9 Construct lo-inch water line realignment under 48-inch
Storm Drain for Orion Street Improvements as shown on
DWG 381-28.
3. Developer Oblioations.
(a) Developer has acquired the necessary easement, which was recorded on
January 12, 2000, as document number 2000-0018490 for the Orion Street improvements
(Exhibit C), and has received the necessary letter of permission for off-site grading for the
Storm Drain by letter dated October 6, 1999 from the County of San Diego (Exhibit D).
(b) The parties acknowledge that the remaining items of Condition 1 lD, other
than those items to be constructed as a part of the City Obligations under this agreement
including such items as the concrete sidewalk, all landscaping and irrigation west of Orion
Street, construction of two street lights, as well as the undergrounding of SDG&E facilities, will
be constructed by Developer and are not reimbursable by City to Developer.
(c) Developer’s agreement to have City construct the Orion Street Improvements
above, shall satisfy and constitute partial compliance with Condition 1lD of the Site
Development Plan Amendment excepting therefrom the improvements as set forth in
Paragraph 3 (b) above. City’s performance of the City’s Obligations under this agreement is
expressly agreed by Developer to be contingent upon Developer’s entry into, and performance
under, this Reimbursement Agreement
4. Reimbursable Work.
(a) All work giving rise to Reimbursable Expenses is referred to as
“Reimbursable Work”. Reimbursable Work includes, but is not limited to, “Reimbursable
Construction Work” and “Reimbursable Incidental Work” both of which are defined below. A
preliminary cost. estimate of all Reimbursable Expenses is shown in Exhibit E.
(b) With respect to all hard costs of construction for the Orion Street Improvements
comprising Reimbursable Work (collectively “Reimbursable Construction Work”), City shall
solicit bids from contractors. Reimbursable Construction Work shall be bid together with Non
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Reimbursable work for that portion of the Joint Improvements, which are being bid by such contractor. Upon selection of the contractor by City and agreement upon a contract amount, the costs thereof shall be allocated among the bid items consistent with the method and process used in the Exhibit E. The parties agree that the spreadsheet attached hereto as Exhibit E is a fair allocation of the costs under such contract as among the items of Reimbursable Work and Non Reimbursable Work. Costs shown in Exhibit E are subject to modification through change orders pursuant to Paragraph 4(c) of this Agreement.
(c) All change orders affecting Reimbursable Work shall be subject to approval by both City and Developer. At the time of approval, the parties shall also determine the portion of the change order which is allocated to Reimbursable Work. In making such decisions, the parties shall be guided by the principle that if a change order is necessary due to changed circumstances or oversight in original design, or if it is required in order to perform the applicable portion of the Orion Street Improvements in an orderly, reasonable and prudent manner according to the standard engineering and construction practice applicable to the improvements, then the allocation of the portion to Reimbursable Work should be in proportion to the allocation as between Reimbursable Work and Non-Reimbursable Work in Exhibit E for that portion of the Orion Street Improvements.
(d) Reimbursable Work will aiso include the expense to the City for design
coordination, project management and inspection of the Orion Street Improvements (collectively
“Reimbursable I estimates the total cost of Reimbursable
Incidental Work d allocation specified in Paragraph 4(g) of
this agreement.
f any Reimbursable Work, City shall retain detailed
payment records for all items of Reimbursable Work, for review by Developer. City’s requests
for reimbursement (each, a “Reimbursement Request”) shall include copies of bids received,
invoices, lien releases and other documentation reasonably required by Developer to evidence
the completion and payment for each item of Reimbursable Work.
(9 Exhibit E sets forth the preliminary cost estimate for both the Reimbursable
Work and the Non-Reimbursable work stated in Paragraph 3(b) above. The parties
acknowledge that Exhibit E, which was jointly prepared by City and Developer’s engineers, is
for illustrative purposes only and that Developer is responsible for payment of all costs as
requested by the City in accordance with the procedures of Paragraph 5 below.
(g) City shall be entitled to an overhead allocation of four percent (4%) of actual
Reimbursable Expenses in lieu of other reimbursement for City’s costs incurred for salary and
benefits for office staff of City’s engineering department, purchasing department, finance
department, field supervision above the level of on-site inspector, and general legal and
accounting fees.
5. Payment of Reimbursable Expenses.
(a) Payment for Reimbursable Expenses shall be made by Developer in the
following stages: 1) Deposit of $20,000 with Developer’s signed copy of this
Reimbursement Agreement and before signature by City to
reimburse City for a portion of the Reimbursable tncidental
Work.
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Rev. 6/7/01
2) Deposit of the remaining Reimbursable Incidental Work plus
contractors bid amount for Reimbursable Construction Work
plus ten percent (10%) for potential change orders within 15
calendar days after City receives bids on the Joint
Improvements and prior to award of contract by City.
3) Payment of actual Reimbursable Expenses plus the
overhead allocation of four percent (4%) less deposits shall
be made within 30 calendar days after the date of City’s
Reimbursement Request.
(b) At such time as the Reimbursable Expenses are known to exceed the total
payments made by Developer for the Project, then Developer shall make payment of any
additional Reimbursable Expenses within 30 calendar days after the date of City’s
Reimbursement Request.
(c) After the Notice of Completion is filed and the Developer has paid the actual
final Reimbursable Expenses as required in the Paragraphs 5 (a) and 5 (b) above, the City will
release Developer’s bonds for the Orion Street Improvements and return any excess deposits
that exceed the total of the actual Reimbursable Expenses plus the four percent overhead
allocation pursuant to this agreement. Failure by the Developer to comply with this agreement
will result in the City’s calling of the Developer’s bonds for the Orion Street Improvements. The
Developer’s bonds for the Orion Street Improvements were conditioned by Planning
Commission Resolution No. 4552.
6. Disputes/Claims. If a dispute should arise regarding the performance or interpretation of this Agreement, the following procedure shall be used to resolve any question of fact or interpretation not informally resolved by the parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Agreement shall be reduced to writing by the principal of Developer or the City’s Director of
Public Works (the “Director”). A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to
both parties. The Director, or principal, upon receipt, shall reply to the letter, including a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may, but is not obligated to resolve the dispute. If the City Council considers the dispute, and directs a solution, the action of the City Council shall be the final administrative remedy for the parties involved, although nothing in this procedure shall prohibit the parties from seeking remedies
available to them at law.
7. Termination and Release. This Agreement and the covenants contained herein
shall be binding upon and inure to the benefit of the Developer and City. Upon performance of
the obligations referred to in Section 5 for the Project and after City has filed the Notice of
Completion for the Joint Improvements, the provisions of this Agreement shall no longer apply and shall automatically terminate as to the Project. Upon the request of Developer, City shall
execute and deliver to Developer any further documents and/or instruments reasonably necessary to evidence that the Project is thereafter fully released and free from the provisions of this Agreement, provided that the cost of preparing such documents and/or instruments shall be paid by Developer.
8. Assignment of Aareement. Developer shall not assign this agreeinent or any part thereof or any monies due thereunder without the prior written consent of the City.
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9. Notices. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt requested, postage prepaid, address as specified herein. Notices required to be given to Developer shall be addressed as follows:
MSGW CALIFORNIA II, LLC
c/o Gale & Wentworth California, LLC Attention: John A. Dobrott 2030 Main Street, Suite3l-@ 200 Irvine, CA 92614 Telephone: (949) 260-l 900 FAX: (949) 260-1925
Notices to City shall be delivered to the following:
CITY OF CARLSBAD
Engineering Department Attention: Public Works Director 1635 Faraday Avenue Carlsbad, CA 92008
Telephone: (760) 602-2730 FAX: (760) 602-8562
Each party shall notify the other immediately of any changes of address that would require any notice delivered hereunder to be directed to another address.
10. Transfer or Assiqnment Not Permitted. The obligations and benefits of this Agreement shall not be transferred or assigned.
11. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one and the same instrument.
12. Governinn Law and Venue. This Agreement shall be interpreted and enforced under the laws of the State of California, and venue shall reside in San Diego County, California.
13. Complete Anreement. This Agreement contains the entire agreement between the parties with respect to the subject matter contained herein, and supersedes all negotiations, discussions, and prior drafts with respect to this subject matter.
14. Amendment. This Agreement may be amended by a written instrument executed by City and Developer (including for this purpose any successors of Developer, to the extent of their ownership of real property within Project); except that no amendment regarding the provisions for reimbursement to Developer shall be valid unless executed by Developer.
15. Term. This Agreement shall be effective as of the date first above written, and shall terminate after the Developer fully reimburses City the Reimbursable Expenses and after the City has filed the Notice of Completion for the Joint Improvements.
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Rev. 6/7/01
16. No Third Partv Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party benefit.
17. Severability. The invalidity or unenforceability of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof.
18. Exhibits. The following exhibits are attached to and by this reference incorporated into and made a part of this Reimbursement Agreement:
A Carlsbad Corporate Center Project property description
B Orion Street Improvements
C Recorded Easement Document No. 2000-0018490
E
Letter of Permission to Grade dated 1016199 Preliminary Cost Estimate of Reimbursable Expenses
IN WITNESS WHEREOF, the executed as of the date first above written.
Developer: MSGW CALIFORNIA II, LLC, izlGamrRiac~at* ted liabili
parties hereto have caused this Agreement to be
\ Ay Clerk
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Printed Name: J&-&+n c7. Th0rr.z i
Title 4.~7% JflZ en’ &PY~S G-j -fc;tl;e.
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
DepBty City Attorney
Rev. 6/7/01
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PLANNING COMMISSION RESOLUTION NO. 4552
A RESOLUTION OF THE P LANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN AMENDMENT SDP 97-08(A) TO
CONSTRUCT A FOUR BUILDING INDUSTR.LAL CAMPUS ON
PROPERTY GENERALLY LOCATED EAST OF EL CAMINO
REAL AND SOUTH OF. FARADAY AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 5
CASENAME: CARLSBAD CORPORATE CENTER CASE NO.: SDP 97-08(A)
WHEREAS, MSGW California II, L.L.C., a Delaware limited liability
company, “Developer”, has filed a verified application with the City of Carlsbad regarding
property owned by Beckman Instruments, Inc., “Owner”, described as
Parcel 2 of Parcel Map 13958, in the City of Carlsbad, County
of San Diego, State of California, as filed in the Office of the
County Recorder of San Diego County, September 18,1985 1s
file no. 85-344096
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibit(s) “A” - ‘cy” dated May 19,1999, on file in the Planning
Department, CARLSBAD CORPORATE CENTER, SDP 97-08(A) as provided by Chapter
21.06/Section 21.53.120 of the Carlsbad Municipal Coti, and
WHEREAS, the Planning Commission did, on the 19th today of May, 1999, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan Amendment.
WHEREAS, on December 17,1997, the Planning Commission approved, SDP
97-08, as described and conditioned in Planning Commission Resolution No. 4205.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
II Commission of the City of C&bad as follows:
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A) That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Planning . Commission APPROVES, CARLSBAD CORPORATE CENTER, SDP 97-
08(A) based on the following findings and subject to the following conditions:
Fiadinps:
1. That the requested use. is properly related to the site, surroundings and environnkntal
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the arca in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation., in that the project is compatible with the surrounding development
through the use of similar design and materials as surrounding industrial
development, and the offke manufacturing and warehousing land uses are
consistent with the Planned Industrial General Plan designation.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that all required setbacks and development standards have been met.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing ix pen&ted future uses in the neighborhood will be
provided and maintsined, in that the Site Development Plan is adopted by conditions
which requires that all development takes place consistent with what has been
proposed. The industrial campus development proposed provides setbacks and
extensive landscaping that is compatible with the surrounding development.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that a traffic study supporting the adequacy of the
adjacent arterial streets was reviewed by staff and summarized for the Planning
Commission. The traffic generated by this proposal is- less than projected by the
General Plan Master Environmental Impact Report for this area.
5. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan and all City public facility policies and
ordinances since:
A. The project has been conditioned to ensure the building permits will not be issued for the project unless the District Engineer determines that sewer service is
available, and building cannot occur witbin the project unless sewer sewice
remains available, and the District Engineer is satisfied that the requirements of
the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
B. The project has been conditioned to provide proof from the Carlsbad School
District that the project has satisfled its obligation for school facilities.
C. Park-in-lieu fees are required aa a condition of approval.
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D. All necessary public improvements have been provided or are required as
conditions of approval.
E. The Developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to. abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to cbmply with any requirement approved as part of the
Local Facilities Management Plan for Zone 5.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, iu that as conditioned the applicant shall
record a notice concerning aircraft noise. The project is compatible with the projected
noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the
CLUP, the proposed land use is compatible with the airport, in that the deveiopment is
outside the 60 CNEL contour which designates office and industrial development as
a compatible laud use.
That the project is consistent with the City’s Landscape Manual, adopted by City Council
Resolution No. 90-384.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
1. Approval of SDP 97-08(A) is granted subject to the &p&4 of SUP 97=05(A) and MS
98-11. SDP 97=08(A) is subject to all conditions c&tamed in SUP 97-05(A) for the Special Use Permit and MS 98-11 for the tentative parcel map.
2. Approval of SDP 97-08(A) supplements the approval of SDP 97-08. All conditions
of approval foand iu Planning Commission Resolution No. 4205, dated December
17,1997 remain in full force and effect except as modified herein..
3. Condition No. 1 of Planning Commission Resolution No. 4205 is amended to read (IZ
follows:
Staff is author&d and directed to make, or require the Developer to make, all correction! and modifications to the Site Development Plan documents, as necessary to make then
internally consistent and in conformity with the final action on the project. Developmen
PC Rl3SO NO. 4552 -3-
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shall occur substantially as shown on the approved Exhibits. Any proposed development
different fkom this approval, shall require an amendment to this approval.
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4. Condition No. 7 of Planning Commission Resolution 4205 is amended to read as
follows:
The Developer shah pay the public facilities fee adopted by the City Council on July 28,
1987, (amended July 2, 1991) and as amended fkom time to time, and any development
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
Code or other ordinance adopted to implement a growth management system or Facilities
and Improvement Plan and to fulfil1 the developer’akubdivider’s agreement to pay the
public facilities ‘fee @ted December 1, 1998, a copy of which is on file with the City
Clerk and is incorporated by this reference. If the fees are not paid, this application will
not be consistent with the General Plan and approval for this project will be void.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to
provide school facilities.
The Developer shall pay its fair share for the “short-term improvemenW to tire El
Camiuo Real/ Palomar Airport Road intersection prior to approval of the final map
or the issuance of a grading permit, whichever occurs first. The amount shall be
determined by the methodology ultimately selected by Council, including but not
limited to, an increase in the city-wide traffic impact fee; an increased or new Zone 5
LJFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-
Roos taxiug district.
7. The project is approved to be constructed in two phases as shown on the project
exhibits. Modifications to the proposed phasing can be made subject to the
Planning Director and City Engineer approval. Building permits for phase one
must be issued within 24 months from the final date of approval or this approval
shall expire. Building permits for phase two must be issued withiu five years from
the date of the final approval or the future phase approval will expire.
8. The signs shown on the approval elevation plans for Building “DW are specifically
not approved. The Developer ahall submit and obtain Planning Director approval of a
uniform sign program for Building CCD” prior to occupancy of the building.
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9. Condition No. 25 of Planning Commission Resolution 4205 is amended to read as
follows:
The owner of the subject property shall execute an agreement holding the City harmless
regarding parking, access, circulation, and drainage across the adjacent properties. The owner shall alao record a deed restriction on the property which relates to the’ proposed
cross lot drainage and to accommodate parking & circulation’ as shown on the Site
Development Plan. The deed restriction document shall be in a form acceptable to the
City Engineer and ahall:
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Clearly delineate the limits of the drainage course;
state that the drainage course is to be maintained in perpetuity by the underlying
proper&y owner, and
that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
The deed restriction to define circulation, parking, and access shall be to the
satisfaction of the City Engineer.
10. Condition No. 31 of Planning Commission Resolution 4205 is amended to read as
foIlows:
Prior to issuance of a building or grading permit, an additional 12 feet of right of
way along the project’s frontage of El Camino Real and along the projects frontage
of Faraday Ave. shall be dedicated by the owner for the proposed deceleration
lane(s). The length of the additional right of way shall be based on CaITrans
standards as shown on the Site Development Plan and to the satisfaction of the City
Engineer.
11. Condition No. 33 of Planning Commission Resolution 4205 is amended to read as
follows:
Plans, specificatious, and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. In accordance with City Standards, the
developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plan and the following improvemmts:
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A deceleration lane along the El Camino Real frontage as shown on the Siti
Development Plan, inclading signing & striping plans.
A deceleration lane along the Faraday Ave. frontage as shown on the Site
Development Plan, including signing and striping plans.
A raised median iu Faraday Ave. as shown on the Site Development Plan
including signing and striping plans.
Additional one-half street improvements to Orion Way including but no ‘t
limited to AC paving, base, curb & gutter, sidewalk, landscaping 8 5
irrigation, driveway and pedestrian access ramps.
Traffk Control Plans for all improvements ln the public right of way.
Onsite and offkite public storm drain improvements as shown on the Site
Development Plan and as required by the City Engineer.
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12. Condition No. 38 of Planning Commission Resolution 4205 is amended to read as
follows:
A.
B.
‘.
Water
Prior to issuance of a building permit., the applicant shall submit written
permission from San Diego Gas and Electric for the proposed encroachments
into the existing easements for the grading and construction of the parking
located in the N. E. comer of the project.
Additionally, the applicant shall obtain written permission from San Diego
Gas and Electric for the Storm Drain Outfall and for the Orion Way private
access road, A cash security or other security acceptable to the City
Engineer, for these improvements shall be posted if there is a delay caused by
S.D.G. & E. The City Engineer shall make the. determination as to the
amount and the acceptance of the security and whether the delay is caused
by S.D.G.-&E.
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18.
The developer shall provide detailed information to the District Engineer regarding water
demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer
flow in million gallons per day.
All district pipelines, pump stations, pressure reducing stations and appurtenances
required for this project by the District shall be within public right-of-way or within
easements granted to the District or the City of Carlsbad.
All potable water and recycled water meters shall be placed within the public right-of way.
A public fire flow system &all be required for this industrial or commercial development,
and it shall be constructed as a looped pipeline system.
The sewer lateral shown for proposed Building ‘LAn will not be maintained by the
CITY within the existing sewer easement shown on Sheet 3 of the plans. AU sewer
laterals for all buildiigs shall have a cleauout at property line in accordance with
Carlsbad Municipal Water District Standards.
Building “A* is shown adjacent to the existing &foot wide sewer casement
Because of the building location the following shall apply:
E A. No portion of Building “‘A”, including roof overhangs and apputenanca
shall protrude into the sewer easement.
B. No trees, flag poles, or monuments shall be planted or located within tbc
sewer easement The concrete curbs, gutters, sidewalks and pavement aLr(
acceptable.
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C. The foundation for Building uA” shall extend deep enough te preclude an:
impact or bearing load being placed onto the existlng 8” diameter VCP sewel - -
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PlP% and manholes from Building ‘A”. Structural and ge&chnical calculations shall be prepared showing that no additional loading will be
PC RESO NO. 4552 4%
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placed upon the existing sewer pipeline and submitted to the District
Engineer for approval prior to submittal of building permit application for
Building “An.
All proposed onsite water pipelines, fire hydrants, service lines and meters
shall be within a minimum 20-foot wide public easement dedicated to the
Carlsbad Municipal Water District.
9 II NOTICE
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E. All landscaping shall be designed to be irrigated with recycled water using
Carlsbad Municipal Water District Standards. The location of service lines
to supply recycled water shall be obtained from the District Engineer prior to
final design of the onsite recycled water irrigation system.
Please take NOTICE that approval of your project includes the “imposition** of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from May 19, 1999 to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other reqttired information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
. . .
. . .
. . .
. . .
. . .
II PC RESO NO. 4552 -7-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 19th day of May 1999, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners L’Heureux, Nielsen,
Segall, Trigas, and Welshons
NOES:
ABSENT: Commissioner Compas
ABSTAIN: I
COURTNEY
CARLSBADP LANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4552 -8-
EXHIBIT B
ORION STREET IMPROVEMENTS
REIMBURSABLE WORK
1. Percentage of Contractor’s Mobilization Costs
2. Percentage of Contractor’s Clear and Grub Costs
3. Unclassified Excavation in Developers area of work
4. Exported soils in Developers area of work
5. Asphalt pavement in Developers area of work
6. Aggregate Base Material in Developers area of work
7. Lime Treated Soil (12” Subbase) in Developers area of work
8. Concrete Curb and Gutter in Developers area of work
9. AC Berm
10. Alley Type Driveway
11. Pedestrian Ramp
12. 10” CML&C Steel Water Pipe
13. 48” RCP
14. Wing Wall
15. Type Bl Inlet
16. 18” RCP
17. Portion of Design Coordination
18. Portion of Project Management by City
19. Portion of Inspection Costs by City
20. Overhead Allocation at 4%
DEVELOPER WORK Cat its cost)
1. Concrete Sidewalk
2. Landscaping and Irrigation
3. Two Street Lights
4. Undergrounding of SDG&E facilities
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Nr /
9 F&CORDINGREOU~~~Y~~~~ FORTHEBENEFlTOFTt-lE~ffCARLBBAD DOC # 2000-0018490 * PER GOVEfWMENT WOE SECTION 27383
WHEN RECORDED, PLEASE RETURN
THIS INSTRUMENT TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Cadsbad, CA 92008
Jan 127 2000 2=17 F’pj
mc1FuL mm Sf’ti DIEGO CUNY IWBDER’S OFFICE GftfGtRY J. SnITH? IXfTYYRECtXDER
FEES:
DC: ‘ta
I SPACE ABOVE FOR RECORDER’S USE ONLY GRANT OF
ROAD EASEMENT
NO TRANSFER TAX DUE
Assessor’s Parcel
No.: 269-6!50-25
Project: ORION STIMSGW
City Ref. No.:
W.O. No.: TA6165
Parcel No.: 99-6261-A
Log No.: 9994-92
Fund: AEF
FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged,
THE COUNTY OF SAN DIEGO, a political subdivision of the State of California
hereby GRANTS to
THE CITY OF CARLSBAD, a Municipal Corporation
the following described real property in the City of Cadsbad. County of San Diego, State of California: an
EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, under, upon and across said real
property as descdbed in Exhibit “A” attached hereto and made a part hereof consisting of one page. Exhibtt ‘B’
consisting of two pages is attached for clarity only.
RESERVING THEREFROM the following rights and privileges: . . . . .
1.
2.
3.
4
For the use and benefit of the Public, the right of flight for the passage of aircraft in the airspace above said
easement. together with the right to cause in said airspace such noise and such incidence of.flight as may be
inherent in the operation of aircraft, now known or hereafter used for navigation or of flight in air, using said
airspace taking off from, landing at or operating on McClellan-Palomar Airport.
The continuing and perpetual right to cut to ground level and remove trees, bushes, shrubs or any.other
perennial growth or undergrowth extending into, or which in the future could infringe upon or extend into or
above, the McClellan-Palomar Airport dear zone approach surface.
The right to require Grantee, at Grantee’s sole cost and expense, to remove, raze or destroy those portions of
buildings, other structures and land infringing upon or extending into said McClellan-Palomar Airport clear
zone approach surface, together with the right to prohibit the future erection’ of buildings or other structures
which would infringe upon or extend into said surface.
The right to require Grantee, at Grantee’s sole cost and expense, to mark and light as obstructions to air
navigation, any and all structures, trees or other objects that may at any time project or extend above said
surface.
1
. .
8. * 994261 -A . .
_ ‘5. The right of ingress to and egress from, and passage over the herein described easement, for the above
purposes.
Dated this 12th day of January , *se. 2000
THE COUNTY OF SAN DIEGO,
STATE OF CALlFORNtA
>
ss
COUNTY OF SAN DIEGO
On r/~z/zow before me, GREGORY J. SMllH, Assessor/Recorder/County Clerk in and for
said County a&State, personally abpeared JOHN A MILLER, Director, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the County executed the same.
WITNESS my hand and official seal.
GREGORY J. SMITH, Assessor/Recorder/County Clerk
BY v - U
Deputy
hlLcl&v A ew4
Name (typed or p&ted)
. . .-
. ..-r- *em..wU..e... “U 2
~~~?17~?5l-lmlu
99.0261.A
G WCAOOO 1
Fedex Carlsbad
EXHIBIT “A”
City of Carlsbad
Orion Street Public Right of Way
From the County of San Diego
A.P.N. 209-050-25 \
All that portion of Lot “B” of Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State
of California, according to Map No. 823 thereof, filed in the office of the County Recorder of said county
November 16, 1896, described as follows:
Beginning at the northeast comer of Parcel 2 of Parcel Map No. 13958, filed in the office of the County
Recorder of said county on September 18,1985 as File No. 85-344096; thence South 78042’57” East, 19.94
feet to the westerly sideline of that certain easement for road and utility purposes described in Parcel No. 82-0001-B in deed to the City of Carlsbad recorded in the office of the County Recorder of said county on
June 30, 1982 as Document No. 82-201566; thence along said westerly sideline South 1 1°17’ 14” West
(North lO”46’ 15” East per said deed) ,5 17.96 feet to the beginning of a tangent 374.00 foot radius curve,
concave easterly; thence southerly along said curve through a central angle of 54O45’22” a distance of 357.42 feet; thence leaving said westerly sideline along a radial line to said curve, South 4603 1’52” West,
12.00 feet to the beginning of a non-tangent 386.00 foot radius curve, concave easterly, a radial lime through said point bears South 4603 1’52” West; thence northerly along said curve through a central angle
of 54’45’22” a distance of 368.89 feet; thence North 11’17’14” East, 502.18 feet to the beginning of a non-
tangent 23.00 foot radius curve, cOncave southwesterly, a radial line through said point bears North
69O10’58” East; thence northwesterly along the arc of said curve through a central angle of 27O46’49” a
distance of 11.15 feet to a point on the easterly line of said Parcel 2; thence along said easterly line, North
11”17’03”East, 8.11 feet to the Point of Beginning.
Containing an area of 10,663 square feet plus or minus.
See plat attached hereto marked Exhibit ‘B’ and by this reference thereto made a part hereof.
. .
P:‘.GWCA000l\docs\lcgalsbrionrow.doc
EXISTING 48 WIDE WT. FOR RaADANO UTILJIYPURPOSES RECORDED~~O/~~ASIXX. NO. 82-201 1: 66. OR. ‘3 L=ll.l5’ /
R=23.00’ 0=2;r46’49’
C. / ’ q’-‘ ;
SUBDNISION- BOUNDARY
A.P.N. 209-050-25 . .
1
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L-y:?: ..p: . $i: .:*,5- :~::$ _ ;;;; 4 PC? I :. ..:- :+.; .y(.$~ :,a;
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* :;i . . -. i,. - .*‘. . ...?’ f;VF -. .:
A.P.N. 209-050-29 ~ 24'
SCALE l"= 60'
0 60' 120'
SEE SHEET NO. 2 SHEET 1 OF 2
DAVID EVANS AND ASSOCIATES, INC.
fXHlENT “8”
GIN OF CARLSBAD
7676 mzum CGHIpi SAN D-, CA 95?100 (43lO ES% DRnT4 ORION STREET RIGHT OF WAY
SOP 97-08(A); MS 98-11 - --. -. .-.-a,... .^ .-. . -L. -. .-. ----..-. .- -. .-
A.P.N.
209-050-29
SUBDIVISION \ BOUNDARY
MISTING 48’ WIDE ESMT. FOR RCMO AND unLrlY PURPOSES RfCQFIDED 6/30/82ASDOC. NO. 82-201566, 0.R
SCALE l’= 60’
0 60'
-24'
A.P.N. 209-050-25 m
-
n&Tj - s 4631-52- w \QGiCIV
7345 12.00'
A.P.N. 209-o%- 19
SHEET 2 OF 2
I DAVID EVANS AND ASSOCIATES, INC.
7676 HAZARD ClM'tZD SUIIEO SAN DIEUO, CA 22lO2 (019 260-3420 "s
EXHIMT “6”
CITY OF CARLSBAD ORION STREET PUBLIC RIGHT OF WAY
SDP 97-08(A); MS 98-11
.- .a- .e- .- e-m- -. -.,-.AIIe.. .C.CI. a cc. CI. 1-r. CI-TCI. .-. ,- m. ,r
.- -- .--- . . --I- m . r--w-, YI-ar-1sJIuy olll-Oa(+~j
lO/[r1/99 YON 10:QZ PAA SistLeisPS cbt& L mmoRTR. CALIF. r@-eI-15s &;57w FROM GLLESPIlU=LELD 61-l
p. 2
Y P.” 002
Gvf/4/+- ‘b If
COUWWOFSAN DIEGO
DA= lb-b- $?L; ,_ EY
M6GW CAUFORNiA 11, US.
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EXHIBIT 'A"
DAVIDEVANS AND AssoclA!ll?s, INC.
Ermm a# nmmo TL-0
EXHIBlT B
INSURANCE
Without limiting MSGW’s indemnification obligations to County, MSGW shall provide and
maintain, during the duration of this Permit and for such other period as may be required
herein, at its sole expense, insurance in the amounts and form described below.
1. Required General Liabilitv Insurance Coveraae. MSGW shall procure either
Comprehensive General Liability Insurance or Commercial General Liability Insurance in
the amounts and form set forth below:
(A) Comprehensive General Liabilitv Insurance. A policy of Comprehensive General
Liability Insurance with a combined single limit (CSL) per ocarrrence of not less than one
million dollars ($1 ,OOO,OOO) per occurrence;
(6) Commercial General Liabilitv Insurance. A policy of Commercial General Liability
Insurance which provides limits of not less than:
(1) Per Occurrence: $1,000,ooo
(2) General Aggregate: $2,m,m
(3) Products/Completed Operations: $1, ooo,ow
(4) Personal & Advertising Injury limit: $1 ,ooo,ow
For either type of insurance, deductibles shall be declared to and approved by the
County’s Risk Manager.
(C) Required General Liabilitv Policv Coverage. Any general liability poticy provided
by MSGW hereunder shall include the following coverage:
(1) Premises and Operations
(2) Products/Completed Operations
(3) Contractual Liability expressly including liability assumed under the Permit
(4) Personal Injury Liability
(5) Independent Contractor’s Liability
(6) Sevembility of Interest clause
(D) Additional Insured Endorsement. Any general liability policy provided by MSGW
hereunder shall contain an endorsement which applies its coverage to the County, the
members of the Board of Supervisors of the County and the officers, agents, employees
and volunteers of the County, individually and collectively, as additional insureds.
(E) Primarv Insurance Endorsement. The coverage afforded by the additional insured
endorsement described above shall apply as primary insurance, and any other insurance
maintained by the County, the members of the Board of Supervisors of the County, or its
officers, agents, employees and volunteers, or any County self-funded program, shall be
excess only and not contributing with such coverage.
(F) Form of General Liabilitv Insurance Policies. All general liability policies shall be
written to apply to all bodily injury, including death, property damage, personal injury and
other covered loss, however occasioned, occurring during the policy term, and shall
specifically insure the performance by MSGW of that part of the indemnity agreement
contained in the Permit relating to liability for injury to or death of persons and damage to
property. If the coverage contains one or more aggregate limits, a minimum of 50% of any
such aggregate limit must remain available at all times; if over 5o”h of any aggregate limit
has been paid or reserved, County may require additional coverage to be purchased by
MSGW to restore the required limits. MSGW may combine primary, umbrella and as
broad as possible excess liability coverage to achieve the total limits indicated above. Any
umbrella or excess liability policy shall include the Additional Insured Endorsement
described above.
2. c MSGW shall procure Comprehensive
Automobile Liability Insurance written fWbodiiy injury, including death, and property
damage, however occasioned, ocarrring during the policy term, in the amount of not less
than One Million Dollars ($1 ,OOO,OOO), combined single limit per occurrence, applicable
to all owned, non-owned and hired vehicles.
3. Statutorv Workers’ Compensation and Emolover’s Liabilitv Insurance. Unless MSGW
is a sole proprietorship, MSGW shall maintain a policy of California Workers’
Compensation coverage in statutory amount and Employer’s Liability coverage for no less
than one million dollars ($1 ,OOO,OOO) per occurrence for all employees of MSGW engaged
in services or operations under the Permit Coverage shall include a waiver of subrogation
in favor of County of San Diego, a copy of which shall be provided to County.
4. Subcontractors’ Insurance. MSGW shall make certain that any and all Subcontractors
hired by MSGW are insured in accordance with this Permit If any Subcontractor’s
coverage does not comply with theforegoing provisions, MSGW shall indemnify and hold
County harmless of andfrom any damage, loss cost or expense, including attorneys’ fees,
incurred by County as a result thereof.
5. General Provisions.
(A) Evidence of Insurance. MSGW shall, as soon as practicable following the
placement of insurance required hereunder, but in no event later than the effective date
of the Permit, deliver to County certificates of insurance evidencing the same, together
with appropriate separate endorsements thereto, evidencing that MSGW has obtained
such coverage for the period of the Permit. MSGW shall deliver certified copies of the
actual insurance policies specifted herein, within thirty days after commencement of work
Thereafter, copies of renewal policies, or certificates and appropriate separate
endorsements thereof, shall be delivered to County within thirty (30) days prior to the
expiration of the term of any policy required herein. MSGW shall permit County at all
reasonable times to inspect any polibes of insurance of MSGW which MSGW has not
delivered to County.
(B) Claims Made Coveraae. If coverage is written on a “claims made” basis, the
Certificate of Insurance shall clearly so state. In addition to the coverage requirements
specified above, such policy shall provide that:
(1) The policy retroactive date coincides with or precedes MSGVV’s
commencement of work under the Permit (including subsequent policies purchased as
renewals or replacements).
(2) MSGW will make every effort to maintain similar insurance during the required
extended period of coverage following expiration of the Permit, including the requirement
of adding all additional insureds.
(3) If insurance is terminated for any reason, MSGW shall purchase an extended
reporting provision of at least two years to report claims arising in connection with the
Permit.
(4) The policy allows for reporting of circumstances or incidents that might give
rise to Mule claims.
(C) Failure to Obtain or Maintain Insurance: Count!& Remedies. MSGWs failure to
procure the insurance specified herein, or failure to deliver certified copies or appropriate
certificates of such insurance, or failure to make the premium payments required by such
insurance, shall constitute a material breach of the Permit, and County may, at its option,
terminate the Permit for any such default. by MSGW.
(0) No Limitation of Obliaations. l’he foregoing requirements as to the types and limits
of insurance coverage to be maintained by MSGW, and any approval of said insurance
by the County or its insurance Contractor(s), are not intended to and shall not in any
manner limit or qualify the liabilities and obligations otherwise assumed by MSGW
pursuant to the Permit, induding, but not limited to, the provisions concerning
indemnification.
(E) Notice of Cancellation or Chance of Coveraae. All certificates of insurance
provided by MSGW must evidence that the insurer providing the policy will give County
thirty (30) days’ written notice, at the County address shown in the Permit in advance of
any cancellation, lapse, reduction or other adverse change respecting such insurance.
(F) Qualifvina Insurers. All policies of insurance required hereby‘shall be issued by
companies which have been approved to do business in the State of California by the
State Department of Insurance, and which hold a current policy holder’s alphabetic and
financial size category rating of not less than A, VII according to the current Best’s Key
Rating Guide, or a company of equal financial stability that is approved in writing by
County’s Risk Manager.
(G) Review of Coveraae. County shall retain the right at any time to review the
coverage, form and amount of insurance required herein and may require MSGW to obtain
insurance reasonably sufficient in coverage, form and amount to provide adequate
protection against the kind and extent of risk which exists at the time a change in
insurance is required.
(H) Self-Insurance. MSGW may, with the prior written consent of County’s Risk
Manager, fulfill some or all or the insurance requirements contained in the Permit under
a plan of self-insurance. MSGW shall only be permitted to utilise such self-insurance,
however, if, in the opinion of County’s Risk Manager, MSGVV’s (i) net worth, and (ii)
reserves for payment of claims of liability against MSGW, are sufficient to adequately
compensate for the lack of other insurance coverage required by the Permit. MSGWs
utilization of self-insurance shall not in any way limit liabilities assumed by MSGW or
under the Permit.
(I) Waiver of Subroaation. MSGW and County release each other, and their
respective authorized representatives, from any insurance carried by County or MSGW
other than any self-insurance, covers any such Claim or damage. Included in any policy
or policies of insurance provided by MSGW hereunder sl AJ be a standard waiver of rights
of subrogation against County by the insurance company issuing said policy or policies.
OrbnROElns3 Ocidmr4,looO
EXHIBIT E PRELIMINARY COST ESTIMATE OF REIMBURSABLE EXPENSES
I I I I /
1. REIMBURSABLE CONSTRUCTION WORK 1 I 1 I I
I I / /
Engineeh Opinion of Cost I
El Camino Real and Orion Street I I
Total Cost Prepared By: P&D Consuitants. Inc. Jan. 12. ZWI I Division of Cost between Cky and Developer Prepared by Galen N. Peterson, April 2. 2001
I I city cost Dev cost Item 1 Description 1 Unit ) Guantfty $/Unit 1 TotalCost Non-Reimb. Reimb to City Remarks I / I I
I I I I I I A City and FedEx Improvements: EI caminn meal and 0th stat widening I
Grading I /
1 Mobilisation ~ LS , 1 I $7,56rKul ! $7,500.00 $7609.75 I
2-
$629.52 !Prorate by Subtotal
Clear and Grub ; LS 1 1 j s7,sxLcm / s7.5OO.W $7.009.75 i $629.52 ‘Prorate by Subtotal 1 I
/ 3 /Unclassified Excavation
4 /Exported Soils
/
CYD 5,260 $10.25 I s53.915.06 S486490.00 $5.125.00 1500 cyfor Dev
CYD I 3,040 1 tl2.W / )36.480.06 $33.012.32 $3,487.68 1 Prorate by bid item 3
! i Subtotal 1 j S105.395.W I I 1 Sheet Improvements
5 Removal of Exist. Curb 1 Gutter LF 620 S3.W Sl.860.W $1,860.09
6 Remove and Disposal of Existing
PCC SF 3,415 $1.67 15.703.05 $5,703.05
I $70.430.00
5670.00 S870.w
512.00 s12.w _-_ __
7 )Removal& Disposalof exist. AC 1 SF 1 70,430 $1.00 s70,43O.D(
8 IRemoval of Exist. AC Berm LF ! 870 $1 .w
9 /Removal of Exist. Chainlink Fence LF I 6 $2.00
IO ‘Rem. of Exist. Wood Barrtcade LF i 10 $2.00 sixl.00 1 sal.w ) I 11 !6” AC Pavemenl \ T ! 109 / $35.00 S3.815.On t I ; 1 s? at< nn 1 / 12 14” AC Pavement 1 T : 2,018 ! $35.06 1 S70.63O.Ol S67.375m --,-.-.-- /
I
$3,255.00 (93 Tons for Dev
13 1 Aggregate Base Material / T I 7.711 1 $11.00 / 584.821.00 1 S61.125.W [ $3.696.00 /336TonsforDev 1
14 Lime Treated Soil (12” Subbase)
15 Type “A” AC Berm (6”)
16 Type G Curb and Gutter (6”) .T DPP E:*^.....IC
SF I 84,010
LF / 2.700
LF 1 537 SF I OORS
so.37 $31.083.70 S29.166.W 1 $1.927.70 (5210 so. fl. for Dev
$2.10 S5.670.W $5.670.00 1
$7.00 $3.759.00 +q ‘=a m-l 1 --, . ..“.“., , I I c, Ii.5 Y( v17 5-i .n c,.-, IC I I
I j :F -,--- v-_- _ --*--._-_ ?m.au,.LJ 800 ’ $2.85 S2.280.W s2.280.00
1 EA 4 58W.00 S3,2oO.W $3.200.00
1 SF 3,392 $2.85 $9.667.20 $9.667.20
LF 610 $1 .w $610.00 S810.00
LS j 1 $8.000.00 S8,OOC.O~ S8.WO.00
1 Subtotal i $310.936.20
~
1 I 1 I
Sewer Adjusl Manholes to Grade EA 1 $175.00 5175.w
Subtotal s175.w
I /
Dly Utilities 6 Miscellaneous
37 Adjust X-Telephone M.H. to grade EA 2 i $175.00 $350.00 S350.W
38 Adjust X-Pullbox EA / 1 1 S175.W $175.00 $175.00
39 Relocate X-Vault EA 1 1 I S2.5W.W $2.6OO.W s2.m.w
ISubtotal i 33,025.OO
Exhibit E to FedEx Agmt-2 Page 1 of 2 6n12Wl
EXHIBIT E PRELIMINARY COST ESTIMATE OF REIMBURSABLE EXPENSES
I
111. TOiAL REIMBURSABLE WORK
I Grand Total City Work] s 1,076~6.30
Grand Total Developer Work 1 s 100,321.65
Exhibit E to FedEx Agmt-2 Page 2 Of 2 6/7/2001