HomeMy WebLinkAbout2009-08-18; Municipal Water District; 695; Reimbursement for Carlsbad Oaks Water PipelinesCARLSBAD MUNICIPAL WATER DISTRICT
AGENDA BILL
18
AB# 695
MTG. 8/18/09
DEPT. ENG
APPROVAL OF RATIFICATION AGREEMENT WITH TECHBILT
CONSTRUCTION CORPORATION FOR REIMBURSEMENT OF
COSTS FOR THE CONSTRUCTION OF OVERSIZED POTABLE
WATER PIPELINE IMPROVEMENTS WITHIN CARLSBAD OAKS
NORTH CARLSBAD TRACT CT 97-13.
DEPT. HEAtf
CITY ATTY.
CITY MGR.
i R"p"(fj^.
\j*~~
RECOMMENDED ACTION:
Adopt Resolution No. 1371 approving the Ratification of Reimbursement Agreement with
Techbilt Construction Corporation, for reimbursement of costs to construct oversized potable water
pipeline improvements, Project No. 3622, 3912, 5017, and 5028.
ITEM EXPLANATION:
The Carlsbad Oaks North, Tract CT 97-13, is located along Faraday Avenue and extends from Orion
Street to the easterly boundary of Carlsbad. The condition of development for Carlsbad Oaks North,
CT 97-13, requiring the developer to install a 12-inch diameter potable water pipeline in El Fuerte
Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive meet the needs of the Commercial
and Industrial areas to be built within the Project (the "Project Requirements").
In addition to completing the Project Requirements, the District requested the developer to oversize
the 12-inch diameter potable water pipeline to a 16-inch diameter pipeline and construct
appurtenances in El Fuerte Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive. The
oversized pipelines were included in the Water Master Plan, and are included in Capital Improvement
Program as Project No. 3622, 3912, 5017, and 5028.
The developer agreed to incorporate the 16-inch potable water transmission pipeline and
appurtenances in El Fuerte Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive within
the scope of their project work provided that they receive reimbursement for the increase in cost
necessitated by such incorporation. Staff agreed to process a reimbursement agreement for Board
approval; however, the time for processing such agreement was outside the time frame desired by
the developer. The developer agreed to assume the financial risk for the prosecution of the work
without benefit of Board approval of the reimbursement request with the understanding that the
developer would be allowed the opportunity to submit a request for reimbursement of costs to perform
the additional work (in excess of the requirements of the Project) upon completion of the work. The
developer of Carlsbad Oaks North, CT 97-13, Techbilt Construction Corporation has completed the
construction of the 16-inch diameter potable water transmission pipeline and appurtenances in El
Fuerte Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive.
DEPARTMENT CONTACT: David Ahles, (760) 602-2748, david.ahles@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL/BOARD ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER -SEE MINUTES D
Page 2
The 16-inch potable water transmission pipeline benefits CT 97-13 as well as existing and proposed
developments outside CT 97-13. Ordinance No. 45, Article VI allows the District to require a
subdivider to construct improvements benefiting property outside the subdivision and authorizes
preparation of a reimbursement agreement for such improvements.
ENVIRONMENTAL IMPACT:
The reimbursement agreement is not a project subject to environmental review per State CEQA
Guidelines Section 15378.
The environmental impacts for the pipeline improvements installed in conjunction with the Carlsbad
Oaks North development (CT 97-13) were previously evaluated pursuant to CEQA by an
Environmental Impact Report, EIR 98-08, which was certified by City Council on October 8, 2002.
FISCAL IMPACT:
The amount to be reimbursed to Techbilt Construction Corporation under this reimbursement
agreement is not-to-exceed seven hundred sixty-one thousand fifty-five dollars ($761,056) for the
potable water transmission pipelines and appurtenances.
The total cost for the potable water transmission pipeline work covered by the reimbursement
agreement is shown in Table 1.
Sufficient water connection fee funds are appropriated to pay the reimbursement amount for the
potable water transmission pipelines. The District originally appropriated funding to construct the
water transmission pipelines independently as potential developments were still in the planning
phase. Remaining appropriations will be returned back to the Water Connection Fund balance.
TABLE 1
Carlsbad Oaks North CT97-13 for Oversizing of the 12-inch to 16-inch Diameter
Potable Water Transmission Pipelines:
Reimbursement
Location
Whiptail Loop Phase
l&ll (Project No. 5028)
Faraday Avenue
(Project No. 3622)
El Fuerte Street
(Project No. 3912)
South Melrose Drive
(Project No. 5017
Totals
Oversizing
Reimbursement
Cost
$401,619
$234,218
$64,099
$61,120
$761,056
Current
Appropriations
$776,000
$875,471
$250,000
$1,475,000
$3,376,471
Appropriation
Required
None
None
None
None
None
Funding Source:
Water
Connection
Fund
Water
Connection
Fund
Water
Connection
Fund
Water
Connection
Fund
PageS
EXHIBITS:
1. Location Map
2. Resolution No. 1371 approving the Ratification of Reimbursement
Agreement with Techbilt Construction Corporation, for reimbursement of costs to
construct oversized potable water pipeline improvements, Project No. 3622, 3912,
5017, and 5028.
3. Copy of Ratification of Ratification of Agreement with Techbilt Construction
Corporation, for reimbursement of costs for the construction of oversized potable water
pipelines improvements within Carlsbad Oaks North, Carlsbad Tract CT 97-13.
LOCATION MAP
PROJECT
PROJECT
NOT TO SCALE
PROJECT NAME
REIMBURSEMENT AGREEMENT WITH TECHBILT
FOR OVERSIZING POTABLE WATER PIPELINES
PROJECTNUMBER
3622, 3912
5017,5028
EXHIBIT
1
DRAW BY: SCOTT EVANS. CARLSBAD ENGNIEERING OEPT. 7/2/09 C \CAPITAL\AHLES\3622-3912-5017-5028.0WG
1
RESOLUTION NO. 1371
2
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
3 MUNICIPAL WATER DISTRICT (CMWD) APPROVING THE
RATIFICATION OF AGREEMENT WITH TECHBILT
4 CONSTRUCTION CORPORATION FOR REIMBURSEMENT OF
COSTS FOR THE CONSTRUCTION OF OVERSIZED POTABLE
5 WATER PIPELINE IMPROVEMENTS WITHIN CARLSBAD OAKS
NORTH CARLSBAD TRACT CT 97-13, PROJECT NO. 3622, 3912,
6 5017. AND 5028.
7 WHEREAS, the developer of Carlsbad Tract 97-13 ("Project") was conditioned to
g construct Tract CT 97-13, and requires the developer to install a 12-inch diameter potable water
9 pipeline in El Fuerte Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive to meet
10 the needs of the Commercial and Industrial areas to be built within the Project (the "Project
11 Requirements"); and
12 WHEREAS, the District requested the developer to oversize the potable water pipeline,
13 from 12-inch diameter to a 16-inch diameter potable water pipeline and appurtenances in El
14 Fuerte Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive; and
15 WHEREAS, the Planning Commission of the City of Carlsbad adopted a series of
16 resolutions on August 21, 2002 approving the Project, Carlsbad Tract Number CT 97-13 with
17 the oversizing of the potable water pipelines; and
18 WHEREAS, sufficient water connection fee funds are appropriated for the potable water
19 pipelines and are available to pay this reimbursement; and
20 WHEREAS, Ordinance No. 45, Article VI authorized reimbursement agreements
21 for oversizing pipelines to provide service to areas outside of the development.
22 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
23 Water District (CMWD) of the City of Carlsbad, California, as follows:
24 1. That the above recitations are true and correct.
25 2. That the President is authorized to execute the Ratification of Reimbursement
26 Agreement with Techbilt Construction Corporation, for reimbursement of costs to construct
27 oversized potable water pipeline improvements, Project No. 3622, 3912, 5017, and 5028.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad
Municipal Water District of the City of Carlsbad on the 18th day of August 2009, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
Board Members Lewis, Kulchin, Hall, Packard, Blackburn
None
None
CLAUDE A. LEWIS, PRESIDENT
ATTEST:
LOR'RAlfoE MWQOD, SgjRETARY
Karen R. Kundtz, AssistanfSecretary
(SEAL)
J-K>:o
RATIFICATION OF AGREEMENT FOR REIMBURSEMENT OF COSTS
FOR THE CONTSTRUCTION OF OVERSIZED POTABLE WATER
PIPELINE IMPROVEMENTS WITHIN CARLSBAD OAKS NORTH
CARLSBAD TRACT CT 97-13
BETWEEN
CARLSBAD MUNICIPAL WATER DISTRICT,
A Public Agency organized under the
Municipal Water District Act of 1911, and a
Subsidiary District of the City of Carlsbad
AND
TECHBILT CONTSTRUCTION CORP.
7
RATIFICATION OF AGREEMENT FOR REIMBURSEMENT OF COSTS
FOR THE CONTSTRUCTION OF OVERSIZED POTABLE WATER
PIPELINE IMPROVEMENTS WITHIN CARLSBAD OAKS NORTH
CARLSBAD TRACT CT 97-13
Ratification of Agreement for Reimbursement of Costs for the Construction of Oversized
Potable Water Pipeline Improvements within Carlsbad Oaks North Carlsbad Tract CT 97-13,
dated as of a^c^^^~ // , 2009 ("Agreement") is made at San Diego County, California, by
and between the<CARLBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under
the Municipal Water District Act of 1911, a Subsidiary District of the City of Carlsbad ("District")
and TECHBILT CONSTRUCTION CORP., ("Developer") a California Corporation, with
reference to the following recitals:
RECITALS
A. Developer is developing certain real property commonly known as Carlsbad
Oaks North Carlsbad Tract CT 97-13 ("Project") located in the City of Carlsbad, California (the
"City"), more particularly described as Carlsbad Oaks North Phase 1 Carlsbad Tract No. 97-13-
01, filed in the Office of the County Recorder of San Diego County on December 15, 2004 as
File No. 2004-1180065 and Carlsbad Oaks North Phase 2, Carlsbad Tract No. 97-13-02, filed in
the Office of the County Recorder of San Diego County on January 23, 2007, as File No. 2007-
0047588.
B. The Planning Commission of the City adopted a series of resolutions on August
21, 2002 approving the Project, Carlsbad Tract Number (CT-97-13). Planning Commission
actions were adopted and approved by the City Council on November 2, 2004 (City Council
Resolution No. 2004-351).
C. The Project approvals require Developer to install a 12-inch diameter potable
water pipeline in El Fuerte Street, Faraday Avenue, Whiptail Loop and South Melrose Drive to
meet the needs of the Commercial and Industrial areas to be built within the Project (the
"Project Requirements"),
D. In addition to completing the Project Requirements, the District has requested the
Developer to oversize the potable water pipelines by installing a 16-inch diameter potable water
transmission pipeline and appurtenances in El Fuerte Street, Faraday Avenue, Whiptail Loop
and South Melrose Drive, collectively referred to as the "Potable Water Work" and described
more particularly in Section 3 (a) below.
E. The District and Developer recognize that the Potable Water Work exceeds the
infrastructure otherwise required of Developer in connection with its build-out of the Project.
Developer agrees to install or cause the installation of the Potable Water Work, and the District
agrees to reimburse Developer as set forth in this Agreement.
F. District and Developer acknowledge that the Government Code Section 66485
allows the District to require a sub-divider to construct improvements benefiting property outside
the subdivision; and Government Code Section 66486 requires the District to enter into a
reimbursement agreement for such improvements. The parties intend that this Agreement
satisfies the requirements of Government Code Section 66486.
NOW, THEREFORE, the District and Developer agree as follows:
1. Recitals. The Recitals, above, are true and correct and incorporated herein by this
reference.
2. Satisfaction of Obligation. Developer's agreement to perform the Potable Water
Work, as set forth herein, and the actual construction thereof, shall fully satisfy and constitute
compliance with all requirements regarding the Project solely with respect to the Potable Water
Work as described above in Paragraph B.
3. General Developer Obligations.
(a) In Consideration of the District's reimbursement and other undertakings as
set forth herein, Developer agrees to cause the construction of the Potable
Water Work, which work shall include the following improvements, as shown
on Carlsbad Oaks North Improvement Drawings as prepared by O'Day
Consultants: Phase 1 City Drawing No. 415-9, Sheets 1-16, dated 10/26/04;
Faraday Avenue City Drawing No 415-9C, Sheets 1-37, dated 10/27/04; El
Fuerte Street City Drawing No. 415-9E, Sheets 1-14 dated 10/27/04; So.
Aqua Hedionda Sewer and Melrose Water Loop City Drawing No. 415-9F,
Sheets 1-24 dated 10/27/04 and Phase 2 City Drawing No. 415-9J, Sheets 1-
24 dated 11/29/06 (together, the "Plans") and as shown in the attached
Exhibit "A", which are incorporated herein by this reference.
(i) Potable water pipeline oversizing from a 12-inch diameter pipe to a 16-
inch diameter pipe approximate lineal footage is as follows:
Phase 1, Whiptail Loop 16" steel, 10 gauge, 1935 Lineal Feet
Faraday Avenue 16" steel (CMLC), 8375 Lineal Feet
El Fuerte Street 16" steel (CMLC), 2780 Lineal Feet
South Melrose Drive 16" steel (CMLC), 2415 Lineal Feet
Phase 2, Whiptail Loop 16" steel (CMLC), 3763 Lineal Feet
The Potable Water Work shall include all necessary valves and
appurtenances, including those necessary to connect the Potable Water
Work to the District Pipelines.
(b) Any portion of the Potable Water Work completed before the effective date of
this Agreement shall be included as a part of the Potable Water Work for
reimbursement, subject to the other provisions of this Agreement.
(c) Developer shall cause the construction of the Potable Water Work
substantially in compliance with the District-approved plans and
specifications, and other design documentation for the Potable Water Work.
(d) Developer shall cause construction of all Non-Reimbursable Work at
Developers cost.
(e) By entering into this Agreement, Developer waives any and all potential
constitutional objections (Nolan/Dolan) relating to the Potable Water Work
improvements.
(f) It shall be the responsibility of the Developer to observe and follow the
requirements of District for retention of records and the submittal of
information in connection with Potable Water Work Improvements, as
specified in this Agreement.
4. General District Obligations.
(a) The District shall reimburse Developer an amount (the "Reimbursement
Amount") equal to: (i) the actual authorized reimbursement Total Cost for
construction of oversizing, plus (ii) an allowance for overhead as described in
Section 6 (f) below. The actual Total Reimbursement Cost shall include all
costs associated with the installation of the Potable Water Work noted in the
attached Exhibit "B" which are incorporated herein by reference and
approved change orders either lump sum or time and material as described in
Section 6 (h). The Total Reimbursable Cost for oversizing is $761,055.22
calculated as follows.
Carlsbad Oaks North Cost Break Down for Oversizing of the 12-inch to 16-
inch Diameter Potable Water Pipeline Reimbursements is as follows:
REIMBURSEMENT
LOCATION
Phase 1 , Whiptail Loop
Faraday Avenue
El Fuerte Street
South Melrose Drive
Phase 2, Whiptail Loop
Reimbursement Totals
OVERSIZING
REIMBURSEMENT
COST
$83,495.25
$223,065.00
$61,046.00
$58,209.25
$298,999.00
$724,814.50
5%
OVERHEAD
ALLOWANCE
$4,174.76
$11,153.25
$3,052.30
$2,910.46
$14,949.95
$36,240.72
TOTAL
REIMBURSABLE
COST
$87,670.01
$234,218.25
$64,098.30
$61,119.71
$313,948.95
$761,055.22
(b) District agrees to reimburse Developer for Reimbursable Potable Water Work
as described in Sections 6 and 7 below.
Reimbursable Potable Water Work.
(a) With respect to all hard costs of construction comprising the Potable Water
Work Improvements, Developer shall solicit bids from three reputable
contractors. Reimbursable Potable Water Work may be bid together with
Non-Reimbursable work for that portion of the Potable Water Work
Improvements, which are being bid by such contractor. Upon award of a
contract for the Potable Water Work, the costs thereof shall be allocated
among the categories consistent with the method and process used in Exhibit
"B". The parties agree that the spreadsheet attached hereto as Exhibit "B" is
a fair allocation of the costs under such contract as among the categories of
Reimbursable Potable Water Work.
(b) During the performance of any Reimbursable Potable Water Work, Developer
shall retain detailed payment records for all items of Reimbursable Potable
Water Work, for use by District in auditing subsequent reimbursement
requests by Developer. Developer's requests for reimbursement (each a
"Reimbursement Request") shall include copies of plans, specifications,
engineer's cost estimates, bids received, contracts, change orders, invoices,
payment slips, cancelled checks (front and back), lien releases and other
documentation reasonably required by District to evidence the completion
and payment for each item of Reimbursable Potable Water Work.
Reimbursement Requests may be submitted by Developer as described in
Section 6 (a) below.
6. Audit of Reimbursable Expenses.
(a) Expenses for Reimbursable Potable Water Work (including without limitation
overhead and the allowance permitted under clause (f) below) are referred to
herein collectively as "Reimbursable Expenses". Developer shall be entitled
to submit requests for Reimbursable Expenses separately for each
construction agreement.
(b) All Developer's Reimbursement Requests may be processed and audited for
District by a reputable consulting engineer selected by District ("Auditing
Engineer"). The costs of the Auditing engineer shall be paid directly by
District from Project Funds.
(c) The Auditing Engineer may review all Reimbursement Requests and the
payment records submitted in connection therewith and shall within thirty (30)
days thereafter issue to District and Developer a report either accepting
Developer's submittal or specifying with particularity any reimbursement
items or amounts not approved. Any reimbursement items or amounts not
approved by the Auditing Engineer may be further pursued by Developer
using the dispute resolution provision of Section 8 below.
(d) With each Reimbursement Request, following 30-day review by Auditing
Engineer, the Auditing Engineer shall forward one copy of each invoice
submitted to District by Developer, to the City's Public Works Director
("Director"), together with an invoice for all other components of the Actual
Cost not otherwise reflected on the Contractor's invoice. The Director shall
confirm and approve the Reimbursement Amount based upon the
components of Actual Costs and Overhead Costs set forth in Section 5 of this
Agreement. If the Director objects to any items comprising the
Reimbursement Amount, the Director shall notify Developer within thirty (30)
days of receipt of all invoices forwarded by Developer. Failure to so notify
Developer shall be deemed the Director's approval of such invoices. If the
Auditing Engineer objects to an invoice he shall authorize payment on all
approved items of work except for the disputed work or cost item.
(e) District's reimbursement obligations hereunder shall be based upon the
actual costs incurred by Developer in performing Reimbursable Work
(including overhead and allowances specified in (f) below).
(f) Notwithstanding anything herein to the contrary, and without limitation and in
addition to the Reimbursable Work, District specifically agrees that each of
the following shall be deemed Reimbursable Expenses:
(a) An allowance to cover the allocable portion of premiums paid by
Developer for improvement and/or payment and performance
bonds relating to the construction of Potable Water Work.
(b) An allowance to cover the allocable portion of premiums paid by
Developer for blanket liability insurance coverage.
(g) Before Developer submits all invoices to Director, Developer shall obtain
necessary or appropriate lien releases from all contractors, and shall obtain
form the District, and all appropriate governmental agencies, all approvals,
certificates, and other documents necessary to indicate the completion of the
Reimbursable Work, and the ability to put the Public Improvements into use.
The date Developer receives all such final lien releases, approvals, and
certificates shall be deemed the date of completion of the Potable Water
Work Improvements (the "Completion Date"). In lieu of providing all final lien
releases prior to reimbursement, Developer shall have the right to guarantee
contractor's payment pending receipt of final releases through the act of
providing a bond security as guaranty of payment. Bond release would then
require delivery of missing releases.
(h) All change orders shall be subject to approval by the District. At the time of
approval, the parties shall determine the portion of each change order, which
is allocated to Reimbursable Work. In making such decisions, the parties
shall be guided by the principle that a change order may be necessary due to
changed circumstances or oversight in original design, or it is required in
order to perform the applicable portion of the Potable Water Work
Improvements in an orderly, reasonable and prudent manner according to the
standard engineering and construction practice applicable to the
improvements.
(i) An amount fixed at five percent (5%) of the eligible costs for Reimbursable
Work, exclusive of this clause (f), to compensate for overhead expenses
incurred by Developer including for salary and benefits, for staff of
Developer's home office, purchasing department expenses, project
supervision, general corporate legal and accounting fees and other normal
overhead expenses incurred by Developer.
7. Payment of Reimbursable Expenses.
(a) Payment of reimbursable Expenses shall be made, within thirty (30) days
after the Auditing Engineer's determination on any such reimbursement
Request (or determination pursuant to Section 8 if applicable).
(b) The District shall not unreasonably withhold acceptance of the Potable Water
Works Improvements.
(c) Developer and District agree that the City's General Fund is not part of this
Agreement. The City has reserved funding earmarked under an approved
Capital Improvement Program titled Potable Water Work Improvement
Program.
8. Dispute/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 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 recommended resolution is unsatisfactory to the aggrieved party, a letter outlining
the dispute shall be forwarded to The Board Directors for their resolution through the office of
the Executive Manager. The Board of Directors may, but is not obligated to resolve the dispute.
If the Board of Directors considers the dispute, and directs a solution, the action of the Board of
Directors shall be binding upon the parties involved, although nothing in this procedure shall
prohibit the parties from seeking remedies available to the at law.
9. Assignment of Contract. The Developer shall not assign this Agreement or any part
thereof or any monies due thereunder without the prior written consent of the District, which
approval shall not be unreasonably withheld.
10. 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 the United States Certified Mail, return receipt
requested, postage prepaid, addressed as shown below.
Notices required to be given to Developer shall be addressed as follows:
TECHBILT CONSTRUCTION CORP.
Attention: Raul Guzman, Project Manager
3575 Kenyon St., Suite 200
San Diego, CA92110
Telephone: (619) 223-1663
Fax: (619)223-2865
Notices required to be given to District shall be addressed as follows:
CARLSBAD MUNICIPAL WATER DISTRICT
c/o City of Carlsbad
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.
11. Transfer by Developer. The obligations and benefits of this Agreement shall not be
transferred upon sale of the Project.
12. 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.
13. Governing 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.
14. Complete Agreement. 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.
15. Amendment. This Agreement may be amended by a written instrument executed by
District and Developer except that no amendment regarding the provisions for reimbursement to
Developer shall be valid unless executed by both the Developer and the District.
16. Term. This Agreement shall be effective as of the Agreement date and shall terminate
on July 1, 2010, or when the terms of the Agreement have been fulfilled, whichever comes first
unless extended by both the Developer and the District.
17. No Third Party 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.
18. 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.
X
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first above written.
TECHBILT CONSTRUCTION CORP.CARLSBAD MUNICIPAL WATER DISTRICT
a Public Agency organized under the
Municipal Wcfter District Act of 1911 and a
SubsidWjDf the £ity,0f Cartel, California
THEODORE TCHANG, President
.•.»»»""»//
Date: ^ I i u / t/*! s^^--.^\
' \s%
(Proper notarial acknowledgment of ex^ouiti€inx^y Developer 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.)
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
BY:iJL
(5eputy General Counsel
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of gan
On June 10. 2009
Date
before me, Nancy C. Lane, Notary Public
Here Insert Name and Title of the Officer
personally appeared Theodore Tchang
Name(s) of Signer(s)
NANCY C. LANE
Commission * 1758623
Notary Public - California
San Ol»ao County
lfrComm.BgalMiJul26.201i
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name^e) is/are subscribed to the
within instrument and acknowledged to me that
he&hsSbey executed the same in his/hef&teir authorized
capacity(ies), and that by his&stfth&r signature^ on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature
OPTIONAL -
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.
Description of Attached Document
Title or Type of Document: Agreement/Carlsbad Municipal Water District/ Techbilt Const.
Number of Pages:
Corp. Potable Water ._ nnDocument Date: June 10 > 2009
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:,
Signer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
O2007 National Notary Association• 9350 De Soto Ave., P.O.Box 2402 -Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder:Call Toll-Free 1 -800-876-6827
Exhibit B
CARLSBAD OAKS NORTH
OVERSIZED POTABLE WATER PIPELINE IMPROVEMENTS
REIMBURSEMENT COST BREAKDOWN
3/27/2009
No,
a. Pot
1
2
3
4
5
6
7
8
9
10
11
Description:
able Water Phase 1. Whiotail 1
12" PVC, Class 150
16" Steel, 10 Gage
16" Gate Valve
12" Gate Valve
2 Wire Test Station
4 Wire Test Station
2" Blow Off
2" MAR
Adjust Valves (One-time)
End Caps
Pressure Reducing Station
Quantity: Unit:
jOOp
1,630 LF
1,935 LF
7 Ea.
14 Ea.
3 Ea.
1 Ea.
10 Ea.
15 Ea.
21 Ea.
11 Ea.
1 LS
Improvement
UnitPricej
$ 59.50
$ 79.65
$ 5,630.00
$ 1,915.00
$ 5,000.00
$ 3,500.00
$ 1,445.00
$ 1,465.00
$ 365.00
$ 740.00
$ 186,275.00
Cost Actual
Amount :
$ 96,985.00
$ 154,122.75
$ 39,410.00
$ 26,810.00
$ 15,000.00
$ 3,500.00
$ 14,450.00
$ 21,975.00
$ 7,665.00
$ 8,140.00
$ 186,275.00
Oversizing Ri
Unit Price :
$
$ 20.15
$ 3,715.00
$
$ 5,000.00
$ 3,500.00
$
$
$
$
$
Reimbursement Subtotal =
5% Overhead Allowance =
Phase 1, Whiptail Loop Potable Water Oversizing Reimbursement Total =
umbursement
Amount ;
$
$ 38,990.25
$ 26,005.00
$
$ 15,000.00
$ 3,500.00
$
$
$
$
$
$ 83,495.25
$ 4,174.76
$ 87,670.01
No.Description:
b. Potable Water Faradav Avenue
1
2
3
4
5
6
7
8
9
12" PVC, Class 150
16" Steel (CMLC) Water
16" Gate Valve
12" Gate Valve
2" Manual Air Release
2" Blow Off
End Cap, 12"
End Cap, 16"
Air and Vacuum Valve
Quantity: Unit:
186 LF
8,375 LF
17 Ea.
5 Ea.
13 Ea.
16 Ea.
5 Ea.
4 Ea.
4 Ea.
Improvement
Unit Pricey
$ 63.50
$ 78.30
$ 5,630.00
$ 1,915.00
$ 1,465.00
$ 1,445.00
$ 610.00
$ 1,225.00
$ 2,380.00
Cost Actual
Amount :
$ 11,811.00
$ 655,762.50
$ 95,710.00
$ 9,575.00
$ 19,045.00
$ 23,120.00
$ 3,050.00
$ 4,900.00
$ 9,520.00
Oversizing R<
Unit Price;
$
$ 18.80
$ 3,715.00
$
$
$
$
$ 615.00
$
Reimbursement Subtotal =
5% Overhead Allowance =
Faraday Avenue Potable Water Oversizing Reimbursement Total =
imbursement
Amount ;
$
$ 157,450.00
$ 63,155.00
$
$
$
$
$ 2,460.00
$
$ 223,065.00
$ 11,153.25
$ 234,218.25
No,Description:
c. Potable Water El Fuerte Street
1
2
3
4
5
6
7
8
9
8" PVC, Class 200
12" PVC, Class 200
16" Steel (CMLC) Water
16" Gate Valve
12" Gate Valve
8" Gate Valve
2" Manual Air Release
2" Blow Off
Air and Vacuum Valve
Ouantitv: Unit:
27 LF
617 LF
2,780 LF
3 Ea.
3 Ea.
1 Ea.
5 Ea.
6 Ea.
1 Ea.
Improvement
Unit Price :
$ 53.00
$ 65.45
$ 77.45
$ 5,630.00
$ 1,915.00
$ 1,235.00
$ 1,465.00
$ 1,445.00
$ 2,610.00
Cost Actual
Amount^
$ 1,431.00
$ 40,382.65
$ 215,311.00
$ 16,890.00
$ 5,745.00
$ 1,235.00
$ 7,325.00
$ 8,670.00
$ 2,610.00
Oversizing R<
Unit Price ;
$
$
$ 17.95
$ 3,715.00
$
$
$
$
$
Reimbursement Subtotal =
5% Overhead Allowance =
El Fuerte Street Potable Water Oversizing Reimbursement Total =
imbursement
Amount ;
$
$
$ 49,901.00
$ 11,145.00
$
$
$
$
$
$ 61,046.00
$ 3,052.30
$ 64,098.30
Page 1 of 2
Exhibit B
CARLSBAD OAKS NORTH
OVERSIZED POTABLE WATER PIPELINE IMPROVEMENTS
REIMBURSEMENT COST BREAKDOWN
3/27/2009
No.Description:Ouantitv: Unit:
d. Potable Water South Melrose Drive
1
2
3
4
5
6
7
8
16" Steel (CMLC) Water
16" Gate Valve
2" Manual Air Release
2" Blow Off
Air and Vacuum Valve
Trench Restoration - Modified
Traffic Control Plan
Connect to Exist.
2,415 LF
4 Ea.
4 Ea.
5 Ea.
1 Ea.
2,425 LF
1 LS
1 Ea.
Improvement
Unit Price j
$ 134.25
$ 7,255.00
$ 4,920.00
$ 4,970.00
$ 13,615.00
$ 65.75
$ 21,445.00
$ 11,660.00
Cost Actual
Amount :
$ 324,213.75
$ 29,020.00
$ 19,680.00
$ 24,850.00
$ 13,615.00
$ 159,443.75
$ 21,445.00
$ 11,660.00
Oversizing Ri
Unit Price :
$ 17.95
$ 3,715.00
$
$
$
$
$
$
Reimbursement Subtotal =
5% Overhead Allowance =
South Melrose Drive Potable Water Oversizing Reimbursement Total =
imbursement
Amount :
$ 43,349.25
$ 14,860.00
$
$
$
$
$
$
$ 58,209.25
$ 2,910.46
$ 61,119.71
fifii Description:Ouantitv: Unit:
e. Potable Water Phase 2, WhiotailLooD
1
2
3
4
5
6
7
8
9
10
16" Steel (CMLC) Water
12" PVC, Class 200 C900
12" PVC, Class 150 C900
16" CL150 Gate Valve
12" Gate Valve
2" Manual Air Release
2" Blow Off
2" Air and Vacuum Valve
2 Wire Test Station
Connect to Exist.
3,763 LF
1,637 LF
958 LF
26 Ea.
34 Ea.
42 Ea.
43 Ea.
3 Ea.
5 Ea.
3 Ea.
Improvement
Unit Price ;
$ 80.00
$ 50.00
$ 32.00
$ 6,400.00
$ 2,200.00
$ 1,975.00
$ 1,975.00
$ 2,750.00
$ 1,835.00
$ 6,900.00
Cost Actual
Amount :
$ 301,040.00
$ 81,850.00
$ 30,656.00
$ 166,400.00
$ 74,800.00
$ 82,950.00
$ 84,925.00
$ 8,250.00
$ 9,175.00
$ 20,700.00
Oversizing Ri
Unit Price:
$ 48.00
$
$
$ 4,200.00
$
$
$
$
$ 1,835.00«4>
Reimbursement Subtotal =
5% Overhead Allowance =
Phase 2, Whiptail Loop Potable Water Oversizing Reimbursement Total =
simbursement
Amount :
$ 180,624.00
$
$
$ 109,200.00
$
$
$
$
$ 9,175.00
$
$ 298,999.00
$ 14,949.95
$ 313,948.95
Total Carlsbad Oaks North Potable Water Oversized Reimbursement = | $ 761,055.22
Page 2 of 2