HomeMy WebLinkAbout2020-11-06; Planning and Development of the Buena Vista Reservoir Park Site Updat; Barberio, GaryTo the members of the:
COUNCIL
Date 'JbcA ,/ cc ·J
CM_ _!__ocM(3),·~-
Council Memorandum
Nov. 6, 2020
To: Honorable Mayor Hall and Members of the City Council
From: Gary Barberio, Deputy City Manager, Community Services
Kyle Lancaster, 'Parks & Recreation Director
{cityof
Carlsbad
Memo ID #2020247
Via: Geoff Patnoe, Assistant City Manager ~
Re: Planning and Development of the Bue ·a--efista Reservoir Park Site Update
This memorandum provides an update on the planning and development of the Buena Vista
Reservoir park site.
Background
On March 14, 2017, the City of Carlsbad, North County Advocates, Lennar Homes (Lennar),
Preserve Calavera, Friends of Aviara, and Friends of the Buena Vista Reservoir entered into
Settlement and Community Benefit Agreements (Agreements). The Agreements obligate
Lennar to construct a 3.1 acre neighborhood park, with passive use amenities, at the Buena
Vista Reservoir site, which is located on the south side of Buena Vista Way, between Highland
and James Drives. The Agreements also require Lennar to enter into a construction agreement
with the City of Carlsbad to provide the park improvements at a maximum cost of $3,028,700
(Exhibit 1 to Attachment A) .. The Agreements further specify that Lennar is to complete
construction of the park improvements no later.than 30 months from the date of recordation of
a final subdivision map or issuance of a grading permit for the Poinsettia 61 Project, whichever
is earlier. The issuance of a grading permit for the Poinsettia 61 Project occurred on
July 25, 2018. Therefore, the park was to be constructed and operational by Jan. 25, 2021.
Discussion
Using the input received through an extensive public involvement process on the Buena Vista
Reservoir site, a final conceptual design ofthe park was prepared and presented to the public
on Sept. 20, 2018. That design received overwhelmingly favorable comments. On
Oct. 15, 2018, the Parks & Recreation Commission received a park planning update and voted
to request that staff seek City Council direction to continue supporting Lenna r's pursuit of the
park project. On Oct. 30, 2018, the City Council received a park planning update (Attachment
A) and voted to direct staff to continue supporting Lennar's pursuit of the park project,
consistent with the terms of the Agreements.
Community Services Branch
Parks & Recreation Department
799 Pine Avenue, Suite 200 I Carlsbad, CA 92008 I 760-434-2826 t
Council Memo -Planning and Development of the Buena Vista Reservoir Park Site Update
Nov. 6, 2020
Page 2
Over the past two years, staff has continued to support Lennar's pursuit of the park project,
including the application and Public Hearing process associated with the necessary conditional
use permit (CUP). However, Lenn.ar submitted the CUP application approximately three
months later than the period reflected in the schedule included with the above referenced
construction agreement (Exhibit 1 to Attachment A). In addition, the processing of Lennar's
CUP application to its' completion took approximately seven months longer than the period
reflected in the schedule. The Planning Commission ultimately approved the CUP for the park
on Oct. 2, 2019.
After approval of the CUP, staff reviewed and commented on Lennar's design development
documents for the park. Once those documents were finalized, staff completed the plan-check
on the construction plans and specifications for the park and then assisted Lennar in obtaining
the needed site improvement permits, including grading, building and demolition permits. The
completion of these phases of the project required the same period reflected in the schedule.
Lennar released an invitation to bid on the construction of the park on July 28, 2020. Staff also
supported Lennar during the bidding and construction contract award processes. These phases
ofthe project took approximately one month longer than the period reflected in the schedule.
On Oct. 27, 2020, staff coordinated a pre-construction meeting with Lennar and Brightview
Landscape Development (Brightview). The contractor's work parameters were reviewed in
detail, as were storm water pollution prevention, site safety, noise abatement, traffic
monitoring and other applicable construction management measures. On Oct. 29, 2020,
Lennar executed the award of a construction contract and issued a notice to proceed to
Brightview. Brightview began mobilizing forces at the park site this week. Although
construction of the park has begun, Lennar anticipates the park will not be completed and
operational until mid-April 2021.
Next Steps
Staff will regularly perform site inspections and provide construction consultation as needed.
Upon completion of the park's construction, the city will accept the improvements and will be
responsible for the ongoing maintenance and operations of the park.
Attachment A: City Council staff report dated Oct. 30, 2018
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Allegra Frost, Deputy City Attorney
Paz Gomez, Deputy City Manager, Public Works
Babaq Taj, Engineering Manager
Jeff Murphy, Community Development Director
Kristina Ray, Community & Engagement Director
@ Sf:~ff R~port
Meeting Date
From:
Staff Contact:.
Subject
October 30, 2018
ScottChadwick, City Manager
Kyle Lancaster, Parks Services Manager
kyle.lancast er@carlsbadca.gov or 760-434-2941
Park planning update on the Buena Vista Reservoir site
Recommended Action
Attachment A
CA Review cJL
Receive a park planning update on the Buena Vista Reservoir site, and direct staff to continue
supporting Lennar Homes' pursuit of this park project, consistent with the terms of the
Settlement and Community Benefit Agreements.
Executive Summary
On March 14, 2017~ Settlement and Community Benefit Agreements (Agreements) were
entered into by and between the City of Carlsbad, North County Advocates, Lennar Homes,
Preserve Calavera, Friends of Aviara, and Friends of the Buena Vista Reservoir. The Agreements
obligate Lennar Homes to construct a 3.1 acre neighborhood park; with passive use amenities,
on the Buena Vista Reservoir site-adjacent to the intersection of Buena Vista Way and Arland
Road. The Agreements require Lennar Homes to enter into a construction agreement
(Construction Agreement) with the City of Carlsbad to provide the park improvements at a
maximum cost of $3,028,700, inclusive of a.II costs associated with the design, public outreach,
permitting, plan processing, and construction of the site. The Agreements further specify that
Lennar Homes is to complete construction of the park improvements such that the new park is
operational no later than 30 months from the date of recordation of a final subdivision map or
issuance of a gradi.ng permit for the Poinsettia 61 Project, whichever is earlier. The issuance of
a grading permit for the Poinsettia 61 Project occurred on July 25, 2018. As such, the park must
be operationql by January 25, 2021.
Using the input received through an extensive public involvement process on the Buena Vista
Reservoir site, a final conceptual design of the park was prepared and presented to the public
on September 20, 2018. That design has received overwhelmingly favorable comments.
Lennar Homes' intent is to next pursue approval of a Conditional Use Permit for this park.
Should the Conditional Use Permit.be approved, Lennar Homes will then initiate the
preparation of plans and specifications for constructio11 of the park. Unlike the city's typical
development of a park, the Buena Vista Reservoir site is to be constructed by Lenriar Homes'
employees and agents. Altha-ugh Lennar Homes will be required to adhere to the city's
standard bidding and contractif')g practices, the City Council will not be required to approve the
plans and specifications of this project, nor to authorize this project for the advertisement of
public bids.
October 30, 2018 Item #6 Page 1 of 28
Discussion
Background
On March 14, 2017, Agreements were entered into by and between the City of Carlsbad, North
County Advocates, Lennar Homes, Preserve Calavera, Friends of Aviara, and Friends of the
Buena Vista Reservoir. The purpose of the Agreements was to: 1) settle the lawsuit challenging
the city's certification of the General Plan Environmental Impact Report and approval of the
General Plan Update and Climate Action Plan, 2) develop the 3.1 acre Buena Vista Reservoir site
as a new public park, and 3) achieve support for Lennar Homes' proposal to develop a 123 unit,
single family, detached unit condominium project (Poinsettia 61} oh land located south of
Cassia Road, between the existing western and eastern segments of Poinsettia Lane.
The Agreements obligate Lennar Homes to construct a 3.1 acre neighborhood park, with
passive use amenities, on the Buem.1Vista Reservoir site. The Agreements require Lennar
Homes to enter into a Construction Agreement with the city to provide the park improvements
at a maximum cost of $3,028,700, inclusive of all costs associated with the design, public
outreach, permitting, plan processing, and construction. The Agreements further specify that
Lennar Homes is to complete construction of the park improvements such that the new park is
operational no later than 30 months from the date of recordation of a final subdivision map or
issuance of a grading permit for the Poinsettia 61 Project, whichever is earlier. The issuance of
a grading permit for the Poinsettia 61 Project occurred on July 25, 2018.
Excerpts of the pertinent sections of the Agreements are provided below:
4.9. . .. Lennar shall enter into an agreement with the City to construct certain park
improvements on the Buena Vista Reservoir site {''Park Construction Agreement"), in
accordance with the design, standards and specifications approved by the City, ... at a maximum
cost of $3,028,700, which is inclusive of all costs ... of the park facilities, along with a construction
management fee, for the benefit of Lennar, in an amount not to exceed 8% of actual total
projects costs, as to be more specifically set forth in the Park Construction Agreement. Upon
completion of such improvements, the City shaff accept the park and its ongoing maintenance ....
4.10 The Park Construction Agreement shall provide for construction of a new Neighborhood
Park at the Buena Vista Reservoir, which will include passive use amenities such as, but not
limited to, children's playground structures, picnic tables, shaded structures, interpretive
signage, dry creek stream beds, mounded turf, drought tolerant landscqping and low level
security lighting, and will not include active use elements, such as but not limited to, athletic
fields, athletic field lighting, restroom buildings, parking Jots, skate parks, dog parks, tennis
courts or other sports courts ....
4.11 The Park Construction Agreement shall include a detailed budget and schedule that
addresses the public outreach and notification process, concept design, permitting, plan
processing, construction, and delivery and acceptance of a completed park by the City.
5.3. Lennar sh'afl plan, obtain all necessary approvals and construct the pork improvements ·
on the Buena Vista Reservoir site in accordance with the design, standards and specifications
approved by the City. Lennar shall complete construction of the park improvements such that
October 30, 2018 Item #6 Page 2 of 28
the new park is operational no later than 30 months from the date of recordation of a final
subdivision map or issuance of a grading permit for the Poinsettia 61 Project, whichever is
earlier. It is the expectation that a park that includes the passive use amenities as enumerated
in Section 4.10 is achievable within the maximum cost to Lennar of $3,028,700, consistent with
the terms of Section 4.9 ....
On July 31, 2018, the above referenced Construction Agreement (Exhibit 1) was entered into by
and between Lennar Homes and the City of Carlsbad.
Public Involvement
As part of the coordination related to the Community Benefit Agreement, some stakeholders
were involved in early discussions about the proposed park and its prospective amenities. At
that time, the city had not yet received input from all those members of the public potentially
interested in, and affected by, this project. Staff therefore created a public involvement plan,
with a timeline (Exhibit 2), intended to seek input from all stakeholders on the park's design.
The project ideation phase occurred from April through July 2018. The city invited input from
the public on the vision for the new park, specifically related to values, priorities and concerns.
That input was sought via the following methods:
• Project fact sheet
• Letters and fact sheet distributed to 106 residents and home owners in project area
• Postcard mailer to 1,120 residents and home owners in project area
• Postcards placed in libraries and other city buildings
• Banners on the gate of the reservoir and at Buena Vista Elementary soccer field fence
• Posts to city social media and website
• Posts to Buena Vista Elementary social media and website
• Text alerts to Buena Vista stakeholder list
• Email notifications
• Community workshop and survey invite in Buena Vista Elementary weekly newsletter
• Article in citywide newsletter distributed to nearly 8,000
• Media coverage
• Community workshop: June 7, 2018 (48 attendees); presented three conceptual designs
•. Animated video of three conceptual designs
• Online survey (115 participants)
Using the public input received through the above methods, the project team prepared a final
conceptual design of the park from August through October 2018. The final conceptual design
was presented at a community meeting on September 20, 2018, for further input. That input
was sought via the following methods:
• Postcard mailer to 1,119 residents and home owners in project area
• Postcards in libraries and other city buildings
• Posts to city social media and website
• Posts to Buena Vista Elementary social media and web site
October 30, 2018 Item #6 Page 3 of 28
• Article in Buena Vista Elementary weekly newsletter
• Banners on the gate of the reservoir and at Buena Vista Elementary soccer field fence
• Text alerts to Buena Vista stakeholder list
• Email notifications
• Article in citywide newsletter distributed to nearly 8,000
• Media coverage
• Community meeting: Sept. 20, 2018 (48 attendees); recorded over 40 comments
• Carlsbad Parks & Recreation Commission meeting: Oct. 15, 2018
The comments received from the public on the final conceptual design (Exhibit 3) were
overwhelmingly favorable. Many comments were received in support of the overall layout and
the amenities ofthe park. There were a few comments received suggesting t hat a restroom or
additional onsite parking be reconsidered. Both the Community Benefit Agreement and the
Construction Agreement, however, specifically indicate neither a restroom nor a parking lot will
be a part of this park project. There were also comments received requesting that adjacent
view planes be taken into account when planting trees within the park, and that the park's
bioswale be slightly extended fo the east for additional environmental interpretive
opportunities. Those requests are supported by the project team, and can be accommodated
in this park project.
Final Conceptual Design Narrative
The design firm that prepared the final conceptual design for the park also prepared the
corresponding narrative that follows.
Drawing inspiration from the rippling and sinuous movements of water once found in the
reservoir; the parks composition and circulation reflect a flowing and organic configuration.
Visitors are greeted by an interpretive garden at the park's two entries. The northeast entry
includes the existing water tank and associated infrastructure. The tank will be repurposed as an
entry feature to honor the operational history of the site. A loop trail frames the perimeter of
the park and the proposed outdoor spaces. Centered through the park is a large rolling turf
area. A children's play area and adjacent picnic pavilion is located in the northeast corner of the
park and offers a variety of play opportunities for children. The adjacent picnic pavilion provides
a gathering space for small groups. The southern portion of the park is anchored by Buena Vista
Point; a large mound and picnic area perched to capture the dramatic views to the Pacific
Ocean A dry creek bed and water quality basin frame the western edge of the park, responding
to the natural topography and low point on the site. Flowing and flowering landscape areas line
the loop trail throughout the park. A secondary trail through an interpretive garden in the
northwest corner provides an immersive experience for park users and plant lovers. Seating
opportunities are provided along the secondary trail to sit and enjoy the garden space.
Landscape areas and mounding frame the perimeter of the park to buffer the surrounding
neighbors from park activities. Parallel parking is proposed on Buena Vista Way
accommodating approximately 11 parking spaces.
October 30, 2018 Item #6 Page 4 of 28
Fiscal Analysis
There is no direct fiscal impact associated with receiving this informational update. City staff
costs associated with the park planning, public involvement, and construction management of
the Buena Vista Reservoir site are. being absorbed within the respective department s' existing
operating budgets; Anticipated co~ts for the maintenance and operations of t he park will be
included in the Parks & Recreation Department's FY 2020·21 operating budget s~bmittal.
Next Steps
Lennar Homes' intent is to next pursue approval of a Conditional Use Permit for this public
park. The associated application, review and public hearing process ls anticipated to require
several months to complete. Should the Conditional Use Permit be approved; Lennar Homes
will then initiate the preparation of plans and specifa:ations for construction of the park. Unlike
the city's typical devetopment of a park, the Bu.ena Vista Reservoir site is to be constructed by
Lennar Ho.mes' employees and agents. Although Lennar Homes will be required to adhere to
the city's standard bidding and contracting practices, the City Council will not be required to
approve the plans and specifications of this project, nor to authorize this project for the
advertisement of public bids.
Lennar Homes is to complete construction of the park improvements such that the new park is
operational no later than 30 months from the date of recordation of a final subdivision map or
issuance of a grading permit for the Poinsettia 61 Pr.oject, whichever is earlier. Based on the
referenced issuance of a grading permit for the Poinsettia 61 Project, the construction of the
park improvements is to be completed by January 25, 2621.
Environ mental Evaluation (CEQA)
.Pursuant to Public Resources Code Section 21065, receiving this informational update does not
constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) in
that it has no poteritial to cause either a direct physical change in the environment, or a
reasonably foreseeable indirect change in the environment, and therefore does not require
environmental review.
Pubiic Notification
This item was noticed in accordance with the Ralph M. Brown Act and was avaitable for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Agreement for construction of a public park at the Buena Vista Reservoir site
2. Public involvement timeline for a public park c!t the Buena Vista Reservoir site
3. Final conceptual design of a public park at the Buena Vista Reservoir site
October 30, 2018 Item #6 Page 5 of 28
AGREEMENT FOR CONSTRUCTION OF PUBLIC PARK AT
BUENA VISTA RESERVOIR SITE
October 30, 2018
Between
CITY OF CARLSBAD,
A municipal corporation
AND
LENNAR HOMES OF CALIFORNIA, INC.,
A California corporation
Item #6
EXHIBIT 1
7/3/18
Page6 of 28
AGREEMENT FOR
CONSTRUCTION OF A PUBLIC PARK AT
THE BUENA VISTA RESERVOIR SITE
This Agreement for Construction of a Public Park at the Buena Vista Reservoir Site, dated as of
July_, 2018 ("Agreement") is made at San Diego County, California, by and between the ClTY
OF CARLSBAD, a municipal corporation ("City"}, and LENNAR HOMES OF CALIFORNIA, INC.,
a California corporation ("Lennar"), with reference to the following recitals:
RECITALS
A. City and Lennar are parties to the Settlement and Community Benefit Agreement
entered into on March 14, 2017, by and among themselves and North County Advocates,
Preserve Calavera, Friends of Aviara, and Friends of the Buena Vista Reservoir
("Community Benefit Agreement").
B. The purpose of the Community Benefit Agreement was to: (1) settle the lawsuit
challenging City's certification of the General Plan Environmental Impact Report and
approval of the General Plan Update and Climate Action Plan, entitled North County ·
Advocates v. City of Carlsbad, San Diego Superior Court Case No. 37-2015-00035458-
CU-WM-NC; (2) develop the 3.1-acre Buena Vista Reservoir site, Assessor Parcel Number
156-200-16-00, as a new public park; and (3) achieve support for Lennar's proposal to
develop a 123-unit, single-family, detached unit condominium project on approximately 51
acres of land located south of Cassia Road, between the existing western and eastern
segments of Poinsettia Lane, in the southwest quadrant of the City ("Poinsettia 61
Project").
C. Section 4.8 of the Community Benefit Agreement states that if the City and Galifornla
Coastal Commission approve the Poinsettia 61 Project, and Lennar exercises its options to
effectuate and take actions necessary to obtain approval from the appropriate Resource
Agencies to Incorporate the 3.1 acres of otherwise developable park land in Veterans Park
and up to 5.7 acres of Aviara Park into the City's Habitat Management Plan preserve
(collectively, the "HMP Options"), then the City shall consent to Lennar's submittal of a
Conditional Use Permit application for the development of the Buena Vista Reservoir site
as a. new public park.
D. Section 4.9 of the Community Benefit Agreement states that upon Lennar's exercise
of the HMP Options, Lennar shall enter intQ an agreement with the City to construct certain
park improvements on the Buena Vista Reservoir site subject to certain requirements in
Sections 4.9, 4.1 O, and 4.11 of the Community Benefit Agreement, which are set forth in
this Agreement.
E. On March 14, 2017, the Carlsbad City Council approved the Poinsettia 61 Project by
adopting Ordinance No. CS-316 (approvfng an amendment to the zoning map), and
Resolution No. 2017-043 (certifying an environmental impact report and errata, adopting
candidate findings of fact and mitigation monitoring and reporting program, and approvfng
a General Plan amendment, Local Coastal Program amendment, vesting tentative tract
map, planned development permit, site development plan, coastal development permit,
hillside development permit, and Habitat Management Plan permit).
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7/3/18
October 30, 2018 Item #6 Page 7 of 28
F. On August 9, 2017, the California Coastal Commission approved the Poinsettia 61
Project by approving a local coastal program amendment.
G. On July 2, 2018, Lennar exerclsed the HMP Optlons by taking the actions necessary
to obtain approval from the appropriate Resource Agencies to incorporate the Veterans
Park and Aviara Park parcels referenced above into the City's Habitat Management Plan
Preserve, by preparing a preserve management p[an and property analysis record which
were approved by the Resource Agencies on July 2, 2018, and funding a non-wasting
endowment for the parcels' on-going maintenance.
H. City and Lennar intend for this Agreement to satisfy the requirement to enter into the
Park Construction Agreement referenced in Section 4.9 of the Community Benefit
Agreement.
NOW, THEREFORE, City and Lennar agree as follows:
Recitals. The Recitals, above, are true and correct and incorporated herein by this reference.
1. Satisfaction of Obligation. Lennar's agreement to construct a public park at the Buena
Vista Reservoir site ("Park Project"), as set forth herein, and the actual construction
thereof, shall fully satisfy and constitute compliance with all requirements regarding
the Community Benefit Agreement solely with respect to the Park Construction
Agreement referenced in Section 4.9 of the Community Benefit Agreement.
2. Park Project Planning and Construction Schedule. The Park Project planning and
construction schedule (the "Construction Schedule") is detailed on Exhibit A attached
hereto and incorporated herein by reference. In accordance with the Community Benefit
Agreement, Lennar shall complete construction of the Park Project such that the Park
Project is operational no later than 30 months from the earlier date of either recordation of
a final subdivision map for the Poinsettia 61 Project, or issuance of a grading permit for
the Poinsettia 61 Project.
(a) As of the date of this Agreement, Lennar has satisfied the following:
October 30, 2018
(i) Lennar initiated the public participation process by mailing a notice .of the
Initial public meeting using the procedures in Carlsbad Municipal Code
sectron 21.54.060(A). The purpose of the initial public meeting was to
receive input on the design and improvements to be included in the Park
Project. Lennar provided a draft of the notice to City for review and
approval prior to mailing the notice.
(ii) Lennar entered into a contract with Schmidt Design Group, Inc. to provide
design services for the Park Project to include developing and revising a
draft concept plan, attending public meetings and assisting with
presentations, preparing an environmental review document (if required),
and developing construction plans. City approved said contract.
(iii) Lennar and City caused the initial public meeting to take place on June 7,
2018.
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Item #6 Page 8 of 28
(b) Every two (2) months, and/or upon City's reasonable request, Lennar shall
update and modify the Construction Schedule to reasonably ensure the Park
Project's construction progress is consistent with the estimated completion date
detailed in the Community Benefit Agreement.
3. Park Project Design. The Park Project shall include passive use amenities such as, but
not limited to, children's playground structures, picnic tables, shade structures, interpretive
· signage, dry creek stream beds, mounded turf, drought tolerant landscaping, and low-
level security lighting. Park improvements shall not include active use elements such as,
but not limited to, athletic fields, athletic field lighting, restroom buildings, parking lots,
sl<ate parks, dog parks, tennis courts, or other sport courts.
4. Park Prolect Budget.
(a) City and Lennar agree that the cost of the Park Project is not expected to
exceed $3,028,700 ("Park Project Budget"). The Park Project Budget Is
inclusive of all anticipated costs associated with the design, public outreach,
permitting, plan processing, and construction of the Park Project, along with a
construction management fee, for the benefit of Lennar, in an amount not to
exceed 8 percent of the actual total cost. The Park Project Budget's estimated
costs are as follows:
Design
$400,000
Public Permitting and Construction Construction Total (Park
Outreach Plan Processing Management Fee Project Budget)*
$50,000 $50,000 $2,304,352 $224,348 $3,028,700"
* Every two (2) months, and/or upon City's reasonable request, Lennar shall
update the Park Project Budget to accurately reflect the actual costs
associated therewith and revise forecasts.
(b) Lennar shall cause construction of the Park Project, at Lennar's cost, in an
amount not to exceed the Park Project Budget.
(c) ln the event that circumstances change, causing the City and Lennar to agree
that the cost of the Park Project Is anticipated to exceed the Park Project
Budget, City shall have the option, in its sole discretion, to either: (1) amend
the scope of the Park Project to bring the total costs within the Park Project
Budget; or (2) identify alternative funding sources to reimburse Lennar for the
agreed-to amount over the ·Park Project Budget needed to complete the Park
Project.
(d) Lennar shall retain detailed records for all costs incurred under the Park
Project Budget, to include the following documentation:
(i) Copies of the signed construction contract and all approved change
orders.
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October 30, 2018 Item #6 Page 9 of 28
(ii) Evidence of costs for each contractor, subcontractor, or vendor by bid
item wlth the unit price bid, estimated quantity, actual quantity, total bid
amount, change order amount, amount invoiced, cumulative amount
invoiced, and retained amount.
(iii) Copies of Invoices, vouchers, canceled checks (front and back), or other
evidence of payment.
(iv) Copies of all quantity vouchers or certificates approved by the City
project inspector.
5. Compliance with City Construction Contract Requirements,
(a) Lennar sha!I comply with City's bidding, contracting, and change order
procedures as set forth herein:
October 30, 2018
0) If bidding on the Park Project wlll be open to any qualified bidder, Lennar
shall advertise each notice inviting bids in at least one newspaper of general
circulation in the City of Carlsbad. The first posting/publication of notice shall
be at least ten (10) days before.bid opening, Such notice shall be published
for at least ten (1 D) consecutive days or for at least two (2) consecutive
times in a weekly newspaper in the City of Carlsbad. Lennar shall, in
addition, advertise in consecutive editions in either the "Daily Construction
Service" or "The Green Sheet" for a period of not less than one (1) week.
Proof of publication shall be sent to City.
(ii) Where the notice inviting bids will only be sent to a list of pre-qualified
bidders, a minimum of three (3) bidders shall be pre-qualified based on
criteria reviewed and approved by City.
(iii) The notice inviting bids must clearly state the time, date, and place for the
submission of bids. These dates and times must be strictly adhered to
unless changed by addendum. The notice inviting bids and any addenda
shall be sent to City.
av) The request for bids shall state that the successful bidder shall be required
to furnish a performance and warranty bond equal to one hundred percent
(100%) of the amount bid and a labor and materials bond equal to one
hundred percent (100%) of the amount bid. In lieu of these bond
requirements, Lennar may permit securities or cash to be substituted
therefore. Providers of architectural, engineering, and land surveying
services shall not be required to post bonds.
(v) The request for bids shall require bidders to expressly acknowledge they
have reviewed, understand and will comply with the insurance requirements
set forth in the bid and contract documents.
(vO If significant changes to plans, specifications, or request for bids require the
issuance of an addendum in the last five (5) working days of the bidding
period, the bid opening date shall be extended to allow bidders a minimum
of five (5) working days from receipt of the addendum to accommodate the
change,
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Item #6 Page 10 of 28
October 30, 2018
(vii) The minimum period between issuance of the notice inviting bids and bid
opening is four (4) weeks.
(viii) Lennar shall conduct a "live" bid opening, whereby only those direct
representatives of the bidders will attend. Sealed bids will be required to be
submitted on or before the specified date and time and the bidder's name
and total bid timely pubHshed on City's w,ebsite.
(ix) Lennar shall open all bids in the presence of all bidders. Lennar shall rank
all bids from the lowest to the highest bid amount, based upon costs for the
construction of the Park Project. Lennar shall prepare a summary analysis
of all bids and provide its findings regarding the bid award to City within flve
(5) working days of the date such award is made. The summary analysis
shall include: (a) an itemized summary of all bids received; (b) a certificate
executed by an authorized representative of Lennar stating that all bidders
received the same set of bid documents and any addenda issued, there are
no pending disputes over the bidding procedures, all applicable binding,
insurance, and licensing requirements have been met, and the bid was
made without connection with any collusion or fraud; and ( c) a copy of the
selected bid proposal for award.
(x) Lennar shall retain the original of all bids received for a minimum of three {3)
years after bid award.
(xi) Lennar shall award the construction contract to the lowest responsive,
responsible bidder with concurrence of City.
(xii) Lennar shall not authorize the contractor to begin construction until the
following documentation has been submitted to, and approved by, City: (a)
copies of the signed bid documents for the construction of the Park Project;
(b) copies of all insurance certificates for Lennar and the contractor; and (c)
a written statement to certify and declare, under penalty of perjury, that the
bid documents and bidding procedures were prepared and followed in
accordance with the requirements of this Agreement. Upon written approval
from City, Lennar may issue the notice to proceed to the contractor.
{xiii) Lennar shall schedule and conduct a pre-construction meeting,priorto the
beginning of construction of the Park Project. Lennar shall invite the design
firm, contractor, City project inspector, and any other interested parties.
(xiv) If Lennar desires that any change order be made, Lennar shall, prior to
directing contractor to perform such work, obtain the written
acknowledgment of the City's project inspector as to ihe need to perfonn the
work in order to satisfactorily complete the construction of the Park Project.
The City project inspector's acknowledgment shall be documented [n
writing. If Lennar undertakes such work prior to obtaining the City project
inspector's written acknowledgment, Lennar assumes the risk that such
change order may not be included In the total Park Project Budget.
5
7/3/18
Item #6 Page 11 of 28
(xv) Contracts for the construction of the Park Project shall provide for payments
of prevailing wages by all contractors and subcontractors for all work
performed. Lennar shall include the following provisions in the contract for
construction of the Park Project: ·
The general prevailing rate of wages for each craft or type of worker needed
to execute the Contract shall be those as determined by the Director of
Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the
Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer of the
City of Carlsbad. The Contractor to whom the Contract is awarded shall not
pay less than the said specified prevailing rates of wages to all workers
employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with
provisions of section 1777.5 of the Labor Code and section 4100 et seq. of
the Public Contracts Code, "Subletting and Subcontracting Fair Practices
Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with
section 1720 shall apply to the Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a
bid proposal, subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any contract for public
work, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. This project is subjectto compliance monitoring
and enforcement by the Department of lndustrlal Relations.
The Prime Contractor and all subcontractors shall comply with Section 1776
of the Labor Code, which generally requires keeping accurate payroll
records, verifying and certifying payroll records, and makrng them available
for inspection. Contractor shall require all subcontractors to comply with
SecUon 1776.
(xvi) Revisions to the construction plans shall be reviewed and approved by City
in accordance with City's plan check procedures.
(b) Lennar shall construct the Park Project in substantial compliance with the
design plans, standards; and specifications to be approved by City.
6. City Acceptance of Park Project.
(a) Upon completion of the Park Project, recordation of a City-issued notice of
completion, '"ennar's provision of any final mechanics lien releases from a
contractor, subcontractor, or vendor, and a copy of the approved as-built
plans, City shall accept the public improvements for the Park Project.
6
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October 30, 2018 Item #6 Page 12 of 28
(b) Following acceptance of public improvements, City shall be responsible for
maintenance of the park.
(c) Lennar shall warranty all work for one (1) year after recordation of the notice
of completion and any faulty work or materials discovered during the
warranty period shall be repaired or replaced by Lennar, at its expense.
Twenty-five percent of the faithful performance bond (or securities or cash, as
applicable) shall be retained as a warranty bond for the one-year warranty
period. Lennar shall replace or repair any such defective work in a manner
satisfactory to City, after notice to do so from City, and within the time
specified In the notice. If Lennar falls to make such replacement or repairs
within the time specified In the notice, City may perform this work and
Lennar's sureties shall be llable for the cost thereof.
7. Disputes/Claims. If a dispute should arise regarding line performance or interpretation of
this Agreement, the following procedures shall be used to resolve any question of fact or
interpretation not informally resolved by the parties. Such questions, tf 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 Lennar or the City Manager. A
copy of such documented dispute shall be forwarded to both parties involved along with
recommended methods of resolution which would be of benefit to both parties. The City
Manager or principal of Lennar, 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, the aggrieved party may request an informal
conference to informally resolve the disagreement. The informal conference shall be
held within fourteen (14) days of the request. If an informal conference is not requested
or if an informal conference falls to resolve the dispute, a letter outlining the dispute shatl
be foTWarded to the City Council for 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
binding upon the parties involved, although nothing in this procedure shall prohibit the
parties from seeking remedies available to them at law.
8. indemnification. Other than the performance of design professionals services, Lennar
shall defend, indemnify, and hold harmless City and its officers, agents, departments,
officials, and employees (Indemnified Parties) from and against all claims, losses, costs,
damages, injuries, expense, and liability of every kind that arise out of or relate to,
directly or indirectly, in whole or in part, any services performed under this Agreement by
Lennar or Lennar's agents, any subcontractor, anyone directly or indirectly employed by
them, or anyone they control. in determining the amount of any losses for which the
Indemnified Parties are entitled to hereunder, the amount of any such losses shall be
determined after deducting therefrom the amount of any insurance proceeds received by
the Indemnified Parties. Lennar's duty to defend, indemnify, and hold harmless shall not
include any claims or liabilities arising from the active or sole negligence or willful
mlsconduct of the Indemnified Parties.
With respect to the performance of design professional services, to the fullest extent
permitted by law (including, without limitation, California Civil Code section 2782.8),
Lennar shall require its design professional to indemnify and hold harmless City, its
officers and employees, from all claims, demands, or liability that arise out of or relate to
7
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October 30, 2018 Item #6 Page 13 of 28
[:
I .I I•
t ,,
; j!
I t; I· I ,' j(
I'
i I•
the negligence, recklessness, or willful misconduct of Lennar's design professional or the
design professional's officers or employees.
9. Insurance. Lennar will obtain and maintain for the duration of the Agreement and any
and all amendments, insurance against claims for injuries to persons or damage to
property which may arfse out of or in connection with performance of the services by
Lennar or Lennar's agents, representatives, employees or subcontractors. The
insurance will be obtained from an insurance carrier admitted and authorized to do
business in the State of California. The insurance carrier is required to have a current
Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of
California's List of Approved Surplus Line Insurers {LASLI) with a rating in the latest
Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the
National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
9.1 Coverage and Limits.
Lennar will maintain the types of coverage and minimum limits indicated below,
unle~s the City Risk Manager approves a lower amount. These minimum amounts
of coverage will not constitute any limitations or cap on Lennar's Indemnification
obligations under this Agreement. City, its officers, agents and employees make no
representation that the limits of the insurance specified to be carried by Lennar
pursuant to this Agreement are adequate to protect Lennar. If Lennar believes that
any required insurance coverage is inadequate, Lennar may obtain such additional
insurance coverage, as Lennar deems adequate, at Lennar's sole expense. The full
limits available to the named insured shall also be available and applicable to City
as an additional insured. ·
9.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will
apply separately to the work under this Agreement or the general aggregate
will be twice the required per occurrence limit.
9.1.2 Automobile Llabilitv. $1 ,000,000 combined single-limit per accident for
bodily lnjury and property damage.
9.1.3 Workers' CompensatJon and Employer's Liability. Workers' Compensatlon
limits as required by the California Labor Code. Workers' Compensation will
not be required if Lennar has no employees and provides, to City's
satisfaction, a declaration stating this.
9.1.4 Professional Liabilitv. Lennar shall require its design professional to
maintain errors and omissions liability of not less than $1,000,000 per claim.
Coverage must be maintained for a period of five years following the date of
completion of the Park Project.
9.2 Additional Provisions. Lennar will ensure that the policies of insurance required
under this Agreement contaln, or are endorsed to contain, the following provisions:
9.2.1 City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to City.
8
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October 30, 2018 Item #6 Page 14 of 28
9.2.2 Lennar will obtain occurrence coverage which will be written as claims-made
coverage.
9.2.3 Thts insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty {30) days prior written
notice to City sent by certified mail pursuant to the Notice provisions of this
Agreement.
9,3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of
this Agreement, Lennar will furnish certificates of insurance and endorsements to
City.
9.4 Failure to Maintain Coverage. If Lennar fails to maintain any of these insurance
coverages, then City will have the option to declare Lennar in breach, or may
purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Lennar is responsible for any
· payments made by City to obtain or maintain insurance and City may collect these
payments from Lennar or deduct the amount paid from any sums due Lennar under
this Agreement. ·
9.5 Submission of Insurance Policies. City reserves the right to require, at any time,
complete and certified copies of any or an required insurahce policies and
endorsements.
10. Bonds Required. Withln thirty (30) days after execution of this Agreement, pursuant to
Carlsbad Municipal Code section 3.28.050{0)(1), Lennar shall provide surety bonds to
secure faithful performance and warranty of the work in an amount equal to one hundred
percent {100%) of the anticipated construction contract price of the Park Project. Lennar
shall require the construction contractor to provide bonds to secure payment of laborers
and materials suppliers, in an amount equal to one hundred percent (100%) of the total
amount payable by the terms of the contract. These bonds shall be kept in full force and
effect during the course of this project, and shall extend in full force and effect and be
retained by the City until they are released. Alt bonds are to be placed with a surety
insurance carrier admitted and authorized to transact the business of insurance in California
and whose assets exceed their liabilities in an amount equal to or in excess of the amount
of the bond. The bonds are to be accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of
attorney, by laws, or other instrument entitling or authorizing the person who
executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the
insurance commissioner.
11. Assignment of Contract. Lennar shall not assign this Agreement or any part thereof or
any monies due thereunder without the prior written consent of City, which approval
shall not be unreasonably withheld.
12. 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 seivlce), 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,
9
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October 30, 2018 Item #6 Page 15 of 28
return receipt requested, postage prepaid, addressed as shown below. Notices required
to be given to Lennar shall be addressed as follows:
Lennar Homes of Califomia, Inc.
25 Enterprise, Suite 400
Aliso Vfejo, CA 92656
Telephone: (949) 349-8000
Attn: Jeremy Parness, Division President
Notices to City shafl be delivered to the following:
City Manager
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Telephone: (760) 434-2821
Fax: (760) 720-9461
Each party sha[I notify the other Immediately of any changes of address that would
require any notice delivered hereunder to be directed to another address.
13. Transfer by Lennar. The obligations and benefits of this Agreement shall not be
transferred upon sale of the Poinsettia 61 Project.
14. License to Access City Property. City hereby authorizes, permits and grants a
license to Lennar, Lennar's agents, subcontractors, anyone directly or indirectly
employed by them, or anyone they control, and its consultants to access the Buena
Vista Reservoir site to perform the necessary work contemplated by this
Agreement.
15. City's Consent. City hereby agrees and consents to permit Lennar to submit and
process plans for the Park Project
16. 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.
17. 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.
18. 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.
19. Amendment. This Agreement may be amended by a written instrument executed by
City and Lennar.
20. Term. This Agreement shall be effective on the date it is executed by City and
Lennar, and shall terminate one year after recordation of the notice of completion
for the Park Project.
10
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October 30, 2018 Item #6 Page 16 of 28
21. 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.
22. 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.
[SIGNATURES FOLLOW]
11
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October 30, 2018 Item #6 Page 17 of 28
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
tile date first above written.
LENNAR HOMES OF CALIFORNIA, INC.
a California corporation
·I:h1~
(sign here)
boLYt.fp Mk---ru-t~
CITY OF CARLSBAD
a municipal corporation
ATTEST:
~~£ra~d
re) J2ARBARA ENGLESON
By:
----~-,-----,....__,__V~l c.e:~--~R:'---'-=G~S_l'P..,_~=---.., t-S"'f tr Gity Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If
a corporation, Agreement must be signed by one corporate officer from each of the following two
groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
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:
CELIA A. BREWER, City Attorney
BY:~~
Deputy City Attorney
12
7/3/18
October 30, 2018 Item #6 Page 18 of 28
October 30, 2018
EXHIBIT A
CONSTRUCTION SCHEDULE
Item #6
7/3/18
Page 19 of 28
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on City ol'\d commuJ:T.'r; F.eedu,r::r.:,
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Buena Vista Re servoir Site -Park Planning
Timeline of Pub lic Involve ment Efforts
4/11/2018 letter sent to owners/occupants closest to the park
E. 'HIBIT 2
Text ~ervice is deployed to Invite residents .to receive updates and information about
the BV Reservoir sjte project ·
5/15/2018 News release announcing the public workshop is published online, social media, and
city's web page
5/15/2018 Postcard is created, printed and mailed to reside.nts and property owners in a ,75 mile
radius from the reservoir's site
5/15/2018 Banners anriouncin& the public workshop are placed at r:ese~otr's gate and field at
Bu.ena .Vista Elem.entary · .
6/1/2018 BV Elementary sends weekly newsletter home to .families with invitation tQ participate
in public workshop
6/4/2018 Eblast announcing public wprkshop goes out to !'arks & Rec and Buena Vista lists
6/7{2,QlS Public wo1·kshop Buena Vista Elementary ~so attendees participate
6/8/2018 Online survey goes live to the public
6/9/2018 Eblast goes outto public workshop participants and mail list announcing the availability
of concept designs online and.survey
. 6/22/2018 Survey participation is en:couragl:!d by sending the link and an invitation to parent's
groups, Trails ai,d Recreation iists, Facebook targeted ads, Buena Vista Elementary
home page invitat.ion v-rit!i link, direct email to administration at elementary school
invitfng them to s.hare the link wi'th families
Banners are updated to re~ei;t information about how to stay informed about the
project via emc1il, project;s webpa~e and text
9/4-9/7/2018 Postcard announcing the second public meeting are delivered to home owners and
residents living within a .75 nille rpdius from site
9/12/2018 Eblast announcing a second pubfjc meeting and revised design of park is sent to. Park.s &
Rec and Buena Vista lists
9/12/2018 Text goes to. BV Park subsqibers announcing revised design and secqnd public meeting
9/12/2018 Banners promoting second public meeting are placed on the fence of BV 1:lementary
(Las Flores) anq .afthe reservoir's gates
9/13/2018 Second public meeting is announced on BV Elementary home,page
9/13/2018 Blurb announcing the second public meeting goes out to parents of all elementary
school students on their school weekly newsletter
9/14/2018 Postcard is placed qn community information l,'loardatBVElement.iry
9/12/2018 Postcard is created, printed and mailed to residents and property owners in a .75 mile
radius from the reservoir's site announcing the revised design
9/20/2018 Second public workshop takes place at BV Elementary~· "'50 attendees participate
9/19/2018 Eblastand text reminding residents about the public meeting and BV Elj;mentary is sent
9/21/2018 Thank you eblast goes to participants and BV list inviting them to visit the project's web
site and see and comment on the revised design
10/10/2018 Enewsletter announcing Informational presentation to Parks & Recreation Commission
on 10/15 is sent to BV list
10/15/2018 Park planning update presented to the Parks & Recreation Commission
October 30, 2018 Item #6 Page 23 of 28
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October 30, 2018
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October 30, 2018
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