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Home My WebLink About1999-01-05; Municipal Water District; 433; Reimbursement Agreement w/ Catellus Residential0 9 8 % . . p 2 2 i! CARL! AB# ?33 MTG. 01105/99 DEPT. CMWD BAD MUNICIPAL WATER DISTRICT - AGENI TITLE: APPROVAL OF AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT WITH CATELLUS RESIDENTIAL GROUP, INC. FOR ADDITIONAL WORK TO FURNISH AND INSTALL 2,754 LINEAR FEET OF 24-INCH STEEL CML&C RECYCLED WATERLINE AND APPURTENANCES, CMWD PROJECT NO. 89- 505, CITY PROJECT NO. 3661,3662 CITY MGR%$ RECOMMENDED ACTION: Adopt Resolution No. 10 3 8 for approval of Amendment No. 1 to reimbursement agreement with Catellus Residential Group, Inc. for additional work to furnish and install 2,754 linear feet of 24-inch steel CML&C recycled waterline and appurtenances, CMWD Project No. 89-505, City Project No. 366113662. ITEM EXPLANATION: On September 22, 1998, the Board of Directors adopted Resolution No. 1026 for approval of reimbursement agreement with the Catellus Residential Group, Inc. for the construction of potable water and recycled water transmission mains in Poinsettia Lane from Aviara Parkway to Black Rail Road, CMWD Project No. 89-505. The District requires an additional 2,754 linear feet of 24-inch steel CML&C recycled waterline and appurtenances to meet future master planned requirements. Amendment No. 1 to the original Reimbursement Agreement Exhibit “A” describes the Scope of Work for an additional reimbursement amount of $159,136.70. This pipeline was not included in the original agreement because the engineer’s estimate indicated that the total cost would exceed the project appropriation. However, the actual Contractor’s bid for the work was lower than the Engineer’s estimate and within the existing appropriation. The cost savings is significant and installing the pipe at this time would eliminate the need to cut the street pavement in the future. ENVIRONMENTAL REVIEW: The Planning Director has determined that the requested actions are consistent with prior CEQA review for the Zone 20 Program EIR 93-09 adopted by Resolution No. 3869 on December 20, 1998, and EIR 93-09A adopted by Resolution No. 4318 on June 17, 1998, prior environmental conditions issued by the Planning Department. FISCAL IMPACT: The total cost for the work covered by the Amendment No. 1 to the original Reimbursement Agreement is estimated to be $159,136.70. The total cost of pipelines is $313,951.85 contained the original agreement. Funds in the amount of $976,000 are appropriated in the Fiscal Year 1998/99 Capital Improvement Program from the water connection fee and water replacement funds for the water and recycled water pipelines, therefor, there are sufficient funds available. Following is project cost summary: Page 2 of Agenda Bill No. 433 EXHIBITS: 1. 2. 3. Location Map. Amendment No. 1 to Reimbursement Agreement. Resolution No. 10 3% for approval of amendment no. 1 to reimbursement agreement with Catellus Residential Group, Inc. for additional work to furnish and install 2,754 linear feet of 24- inch steel CML&C recycled waterline and appurtenances, CMWD Project No. 89-505, City Project No. 3661,3662. SITE PLAN :W CT 93-09 -- - II -,- RECYCLED WATEk PIPELINE ---- --I_ ~-- I..-,” -.. ._ I ‘reject Name: POINSETTIA LANE Project Exhibit 24” RECYCLED WATER PIPELINE No, No, IMPROVEMENTS 89-505 1 3 RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Please record the documents at no fee as it is to the benefit of the District (Gov. Code [6103]. Space above this line for Recorder’s Use AMENDMENT NO. 1 TO AGREEMENT This Amendment No. 1 (this “Amendment”) is entered into and effective as of the 5 th day of January , 1999, amending the agreement dated Seotember 22, 1998, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, hereinafter referred to as “District”, and Catellus Residential Grouo. Inc., hereinafter referred to as, “Contractor” for the construction of Potable water and recvcled water transmission mains in Poinsettia Lane from Aviara Parkwav to Black Rail Road. CMWD Proiect No. 89-505, CIP Proiect 3661, 3662 (the “Oriainal Aareement”). RECITALS WHEREAS, the Original Agreement, dated SeDtember 22, 1998, identified a scope of work for the construction of potable water and recvcled water transmission mains in Poinsettia Lane from Aviara Parkwav to Black Rail Road. CMWD Proiect No. 89-505. CIP Proiect 3661. 3662; and WHEREAS, the parties to the Original Agreement desire to alter the scope of work whereby Contractor will furnish and install an additional 2,754 linear feet of twentv four (24”) inch-3/16” steel CML&C reclaimed waterline and apourtenances (the “Additional Work”); and . Rev. 12/09/98 WHEREAS, a supplemental scope of work and preliminary cost schedule have been negotiated and agreed to between the parties hereto, and shown on Exhibit “A” attached hereto; NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the District and Contractor agree as follows: 1. Contractor shall perform the Additional Work (including the installation of the improvements described on Exhibit “A”). 2. District shall pay Contractor for the performance of the Additional Work in the same manner and under the same terms and conditions as set forth in the Original Agreement (including 4 percent (4%) overhead allocation) for the construction of the “Utility Improvements” described therein, not-to-exceed $175050.37 (the “Preliminarv Cost Estimate”). The Additional Work shall be included in calculation of the “Mobilization Payment” under the same terms and conditions as set forth in the Original Agreement. Contractor shall provide District, copies of “Work Documentation” (as defined in the Original Agreement) related to the Additional Work for approval by District. , Notwithstanding anything herein to the contrary, In the event that during the course of completion of the Additional Work Contractor anticipates that the cost to complete the Additional Work will exceed the Preliminary Cost Estimate, (a “Cost Overrun”), Contractor shall notify the District of such Cost Overrun for approval by the District of payment of same, which approval shall not be unreasonably withheld, conditioned, or delayed. If the District fails to approve payment for any Cost Overrun, Contractor shall not be obligated to complete the Additional Work, and the District shall have no right to withhold any payments to Contractor with respect to previously - completed work, nor the right to withhold any approvals requested by Contractor based on failure to complete the Additional Work. 1. Contractor shall complete the Additional Work in the time and manner provided in the Original Agreement. 2. Except as expressly modified hereby, the terms and provisions of the Original Agreement entered into on September 22, 1998, by and between District and Contractor shall remain in full force and effect. Rev. 12/09/98 . 3. All requisite insurance policies to be maintained by the Contractor shall include coverage for the Additional Work (under the same basic terms as such coverage in maintained for the installation of the Utility Improvements under the Original Agreement. Acknowledged and Accepted: CONTRACTOR: CATTELLUS RESIDENTIAL GROUP, INC., a California corporation Bl ye of CZK (sign here) BRIAN J. MILICtj Vice President STEPHEN J. MILLER, Assistant Secretary (print name/title CARLSBAD MUNICIPAL WATER DISTRICT, a or designee Al-TEST: / %THA ~E+F+Nz, Secretary KAREN R. KUNDTZ, hdistant Secretary \ (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 General Counsel By: Rev. 12/09/98 t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California personally appeared Name(s) of Sagnerts) ZqZZsonally known to me 1 proved to me on the basis 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/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above OPTIONAL w Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. of Attached Document Number of Pages: Signer(s) Other Tha Capacity(ies) Claimed by Sign g Individual Top of thumb here 0 Corporate Officer - Title(s): 0 Partner -0 Limited 0 General q Attorney in Fact C Trustee 0 Guardian or Conservator Signer Is Representing: 0 1997 Nabonal Notary Assoctatlon -9350 De Soto Ave.. PO Box 2402. Chatswefth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827 - EXHIBIT “A” SCOPE OF WORK and PRELIMINARY COST SCHEDULE Additional work to furnish and install 2,754 linear feet of twenty four (24”) inch of 3/16” CML&C reclaimed waterline and appurtenances. Poinsettia - Reclaimed Water CCI Code: 44-0002 Amount 2,754 If 1 ea 1 ea 1 ea 1 ea 1 ea 1 ea 2 ea Description 24” - 3116” Steel CML&C Pipeline 24” Butterfly Valve 4” Blowoff Assembly (per W-l 1) 4” Manual Air Release (per W-l 1) 8” Gate Valve 2” Blowoff Assembly (per W-6) 2” Manual Air Release (per W-6) Raise Valves to Grade Unit Cost Total Cost 53.55 147,476.70 4,335.oo 4,335.oo 2,250.OO 2,250.OO 2,150.OO 2,150.OO 645.00 645.00 1,050.00 1,050.00 880.00 88P.00 175.00 350.00 Total Cost - Not to Exceed 159,136.70 Contingencies 10% 15,913.67 Total Cost 1 x,050.37 Rev. 12/09/98 STATE OF CALIFORNIA 1 1 ss. COUNTY OF ii <k-F $c y. \ 1 .-.-/ r- On”, p elf Q c&v y ,‘, ?*F: i DATE “‘ before me, ‘i c n C,;~CT, “h .’ /--.- personally appeared ‘&<-\r,h \ ;\<I , Q personally known to me - 8R - z [to be the person(s) whose name(s) xc b re ,su scribed to the within instrument and acknowledged to me that ?@Qd@ executed the same in &$@@ authorired capacity(ies), and that by t‘@/t#/~sg r err i na ure(s) on the instrument the person(s), or the entity t /. upon behalf of which the person(s) acted, executed the instrument. , WITNESS my hand and official seal. (This area for official notary seal.) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD 89405 06114195 Rev. CATELLUS RESIDENTIAL GROUP, INC. SECRETARY CERTIFICATE RESOLVED, that Brian Milich in his capacity as Vice President and Stephen Muller in his capacity as Assistant Secretary are authorized for, on behalf of and in the name of Catellus Residential Group, Inc. (the “Corporation”), to sign Amendment No. 1 to the Deep Sewer and Water Reimbursement Agreement for the Carlsbad Municipal Water District, and all other related documents and agreements. The execution of such agreements and documents by them shall be conclusive evidence of full Corporate approval thereof. IN WITNESS WHEREOF, I have affixed my name as Assistant Secretary of said Corporation and have caused the corporate s hereunto .affixed this 11 vI day of December, 1998. Stept.& J. Mdller, Assistant Secretary 1 2 3 4 5 6 7 E 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1038 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD, CALIFORNIA, FOR APPROVAL OF AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT WITH CATELLUS RESIDENTIAL GROUP, INC. FOR ADDITIONAL WORK TO FURNISH AND INSTALL 2,754 LINEAR FEET OF 24- INCH STEEL CML&C RECYCLED WATERLINE AND APPRUTENANCES AND APPROPRIATION OF FUNDS, CMWD PROJECT NO. 89-505, CITY PROJECT NO. 3661.3662 WHEREAS, the Catellus Residential Group, Inc., as a condition of approval for Carlsbad Tract 93-09 (Ocean Bluff), is conditioned to construct potable water and recycled water transmission mains in Poinsettia Lane from Aviara Parkway to Black Rail Road; and WHEREAS, the developer’s schedule precedes that of the Carlsbad Municipal Water District for the construction of the Poinsettia Lane Water and Recycled Water Pipeline Improvements; and WHEREAS, on September 22, 1998, the Board of Directors by adoption Resolution No. 1026 approved a Reimbursement Agreement for the construction of said improvements in Poinsettia Lane; and WHEREAS, the District requires an additional 2,754 linear feet of 24-inch steel CML&C recycled waterline and appurtenances to meet the future mater planned requirements; and WHEREAS, an Amendment No. 1 to the original Agreement has been executed by Catellus Residential Group, Inc. requesting reimbursement in the amount of !$159,136.70 for the additional work; and WHEREAS, the Catellus Residential Group, Inc. desires to begin construction of Poinsettia Lane immediately; and WHEREAS, adequate funds exist in the water connection and water replacement funds to pay for the construction of the recycled water transmission main and were appropriated previously in the 1998-99 Capital Improvements Program; and WHEREAS, the Planning Director has determined that the requested action is in compliance with prior environmental review conducted for Zone 20 LFMP Program EIR90- 09 by adoption of Resolution No. 3869 approved on December 20, 1995, and EIR 90-09A by adoption of Resolution No. 4391 approved on June 17, 1998. NOW, THEREFOR, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Amendment No. 1 to the original Reimbursement Agreement by and between the Catellus Residential Group, Inc. and the Carlsbad Municipal Water District is hereby approved and the President is authorized and directed to sign said agreement on behalf of the Board of Directors. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District on the 5 th day of January , 1999 by the following vote to wit: AYES: Board Members Lewis, NOES: None ABSENT: None Nygaard, Finnila, Hall f Kulchin ATTEST: KAREN R. KUNDTZ, As (SEAL) CMWD 89-505 City of Carlsbad January 20, 1999 Catellus Residential Group Attn: Brian J. Milich 5 Par Plaza, Suite 400 Irvine, CA 92014 RE: AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT; CMWD PROJECT NO. 89-505 AND CITY PROJECT NO. 3661 AND 3662. Enclosed for your records are copies of the Carlsbad Municipal Water District Agenda Bill No. 433, and Resolution No. 1038. These documents went before the CMWD Board of Directors on January 5, 1999, when they were approved. Also enclosed is a copy of the fully executed “Amendment No. I”, which is for additional work to furnish and install more recycled waterline and appurtenances. If you have any questions regarding the amendment, please call Sandy Schuck, in the CMWD Engineering Department, at (760) 438-2722, extension 7125. Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 * (760) 434-2808 @ City of Carlsbad January 20,1999 County Recorder PO Box 1750 San Diego CA 92112-4147 Enclosed for recordation is/are the following described document(s): Amendment No. I to Agreement Catellus Residential Group Inc. CT 93-09, Project No. 98-505 Please record the document at no fee, as it is to the benefit of the Carlsbad Municipal Water District, (Gov. Code (6103). Thank you for your assistance with this item. d&b KATHLEEN D. SHOUP Sr.. Office Specialist 1200 Carlsbad Village Drive * Carlsbad, CA 92008-l 989 - (760) 434-2808 4B