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HomeMy WebLinkAbout2019-12-10; City Council; ; Reimbursement Agreement with Lennar Homes of California, Inc., for a portion of Poinsettia Lane Reach E, Capital Improvement Program Project No. 3922.~/ CA Review l l__ (ii) S~~fi R~port Meeting Date: To: From: Staff Contact: Subject: Recommended Action Dec. 10,2019 Mayor and City Council Scott Chadwick, City Manager Hossein Ajideh, Engineering Manager hossein.ajideh@carlsbadca.gov, 760-602-2766 Reimbursement Agreement with Lennar Homes of California, Inc., for a portion of Poinsettia Lane Reach E, Capital Improvement Program Project No. 3922. Adopt a Resolution approving a Reimbursement Agreement (Agreement) with Lennar Homes of California, Inc. for construction of a portion of Poinsettia Lane Reach E, associated with Carlsbad Tract (CT) No. 14-10 (Poinsettia 61), Capital Improvement Program (CIP) Project No. 3922 (Project). Executive Summary Bridge and Thoroughfare District No. 2 (District) was formed by the city for the purpose of providing funding for roadway improvements along Aviara Parkway and Poinsettia Lane. As development occurs within the boundaries of the District, the developers pay a fee per average daily trip (ADT) generated by their development. In conjunction with construction of their project improvements, the developers that are conditioned to build District improvements enter into Reimbursement Agreements with the city so that the costs to complete the District improvements can be reimbursed to the developer from District funds. Lennar Homes of California, Inc. (Developer) is the developer of the Poinsettia 61 Project, and they are conditioned to build the segment of Poinsettia Lane between Cassia Road and Oriole Court/Skimmer Court (Reach E), which is a District improvement. The Agreement provides for reimbursement of the costs to complete the District improvements associated with this portion of Poinsettia Lane from District funds. Staff recommends approving a Reimbursement Agreement with the Developer for construction costs of a portion of Poinsettia Lane Reach E. Discussion On Feb. 1, 2017, the Planning Commission adopted Resolution No. 7226 approving vesting tentative map, CT 14-10, for the Poinsettia 61 Project. The conditions of approval for CT 14-10 require the Developer to construct Reach E of Poinsettia Lane. The length of this portion of Poinsettia Lane, including the bridge, is approximately 1,600 feet. Dec. 10, 2019 Item #3 Page 1 of 37 On March 14, 2017, the City Council adopted Resolution No. 2017-043, certifying the Environmental Impact Report (EIR) 15-03 and approving the Planning Commission Resolution No. 7226 for the Poinsettia 61 Project. ·· The Poinsettia 61 Project lies within the boundaries of the District. Therefore, the Developer is entitled to reimbursement from the District for constructing certain roadway improvements, per the conditions of approval. In general terms, the improvements that are eligible for reimbursement include construction of full-width grading of the roadway, paved roadway surface for two lanes {18-foot paved section on each side of the raised median for a total of 36 feet paved section), transition pavement at major intersections, median curbs, outside asphalt berms, street drainage facilities, culverts, temporary drainage in the parkway, and either bridge(s) or retaining walls to mitigate biological impacts, as shown on the city-approved drawings DWG 507-2 and DWG 507-2A prepared by O'Day Consultants, Inc. Poinsettia Lane Reach E is the only improvement associated with the District that has not yet been completed and is still under construction by the Developer, with the completion date estimated to be in the second quarter of calendar year 2020. A location map for Poinsettia Lane Reach E is shown in Exhibit 2. Fiscal Analysis The estimated cost of the reimbursable improvements to be completed by the Developer is approximately $,13,300,000. Approximately $12,400,000 is currently available in District funds. These funds have been collected from developers within the District to fund construction of roadway improvements along various portions of Poinsettia Lane and Aviara Parkway. The Developer currently owes the District approximately $1,700,000 for the remaining impact fees related to the Poinsettia 61 residential development. After completion of Reach E of Poinsettia Lane and upon future fee collections from the Developer, the District will have approximately $14,100,000, which will be sufficient to fund the Agreement. The Agreement will enable the Developer to be reimbursed, contingent upon availability of funds that are not otherwise needed to construct the remaining District improvements. The District funds may only be used to construct improvements associated with the District. Next Steps Once the Agreement is executed, the Developer will be eligible to receive reimbursement from District funds, contingent upon 1) availability of funds that are not otherwise needed to construct the remaining District improvements, and 2) an audit of the actual cost data as provided to the city upon completion and acceptance of the improvements. The Developer will follow the procedures identified in the Agreement to bid the improvements; award the contract to the lowest responsive, responsible bidder; request change orders; and request reimbursement of the construction costs of the improvements. The improvements will be constructed per the approved plans and specifications. Dec. 10, 2019 Item #3 Page 2 of 37 Environmental Evaluation (CEQA) Approval of the Agreement does not constitute a "project" pursuant to Section 15378(b)(4) of the California Environmental Quality Act (CEQA) and no environmental review is required. On March 14, 2017, the City Council approved and adopted Resolution No. 2017-043 certifying the EIR 15-03 and approving the Planning Commission Resolution No. 7226 for Poinsettia 61 vesting tentative map, CT 14-10. The Reimbursement Agreement requirement was included as Condition 46 of the Planning Commission Resolution No. 7226. Therefore, the recommended action does not require further environmental review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act (California Government Code Section 54950 et seq.) and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution 2. Location Map for Poinsettia Lane Reach E Dec. 10, 2019 Item #3 Page 3 of 37 RESOLUTION NO. 2019-247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT WITH LENNAR HOMES OF CALIFORNIA, INC. FOR CONSTRUCTION OF A PORTION OF POINSETTIA LANE REACH E, ASSOCIATED WITH CARLSBAD TRACT NO. 14-10, CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 3922. WHEREAS, the City of Carlsbad, California has determined that it is necessary and desirable to construct the remaining portion of Reach E of Poinsettia Lane between Cassia Road and Oriole Court/Skimmer Court, Capital Improvement Program (CIP) Project No. 3922 (Project); and WHEREAS, on Feb. 1, 2017, the Planning Commission adopted Resolution No. 7226 approving Carlsbad Tract (CT) No. 14-10 (Poinsettia 61). The conditions of approval for CT 14-10 require Lennar Homes of California, Inc. (Developer) to construct a portion of Poinsettia Lane Reach E; and WHEREAS, the conditions of approval for CT 14-10 require the Developer to enter into a Reimbursement Agreement (Agreement) for the construction costs of Poinsettia Lane Reach E from the Bridge and Thoroughfare District No. 2 (District) funds, with improvements eligible for reimbursement being core improvements including the bridge, full-width grading, median curbs, two 18-foot wide paved lanes separated by the raised median along Poinsettia Lane Reach E, storm drain facilities, right-of-way and environmental mitigation (Improvements); and WHEREAS, the Developer has agreed to expand their construction program to include construction of Poinsettia Lane Reach E Improvements provided that they are reimbursed from the District for eligible costs; and WHEREAS, on March 14, 2017, the City Council adopted Resolution No. 2017-043, certifying the Environmental Impact Report (EIR) 15-03 and approving the Planning Commission Resolution No. 7226 for the Poinsettia 61 Project; and WHEREAS, the Updated Fee Study Report prepared in conjunction with formation of the District (Aviara Parkway/Poinsettia Lane) states that the City Council may use funds collected by the District to reimburse developers for construction of the Improvements included within the District upon which the District fees were based; and WHEREAS, the Developer has requested City Council approval of the Agreement for construction of the reimbursable improvements to Poinsettia Lane; and Dec. 10, 2019 Item #3 Page 4 of 37 WHEREAS, after completion of Reach E of Poinsettia Lane and upon future fee collections from the Developer for the remaining impact fees related to the Poinsettia 61 residential development, the District will have sufficient funds in the District Fee Program to reimburse the Developer under the Agreement; and WHEREAS, reimbursement for the Poinsettia Lane Reach E Improvements will be made by the city subject to availability of District funds on a future schedule as may be determined by the City Council, subject to an audit of the actual cost data as provided to the city upon completion and acceptance of the Improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Reimbursement Agreement with Lennar Homes of California, Inc., for construction of a portion of Poinsettia Lane Reach Eis approved and the mayor is hereby authorized and directed to execute said agreement, which is attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of December 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT ALL,M~ ~C.k:2?;/kdcr 6-t;IYI( l Dtp,J'J {<i BARBARA ENGLESON, City Clerk I(/. t'J m1v (SEAL) Dec. 10, 2019 Item #3 Page 5 of 37 1 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARSLBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Please record this document At no fee as it is to the benefit Of the City of Carlsbad (Gov. Code [6103] DOC# 2020-0149543 111111111111 lllll 111111111111111 lllll lllll lllll 11111111111111111111111 Mar 23, 2020 02:25 PM OFFICIAL RECORDS Ernest .I Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES. $104 00 (SB2 Atkins. $0.00) PAGES. 31 SPACE ABOVE THIS LINE FOR RECORDER'S USE AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF POINSETTIA LANE ASSOCIATED WITH CARLSBAD TRACT 14-10 (POINSETTIA 61) Between CITY OF CARLSBAD AND LENNAR HOMES OF CALIFORNIA, INC. City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 6 of 37 2 AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF POINSETTIA LANE ASSOCIATED WITH CARLSBAD TRACT CT 14-10 (POINSETTIA 61) This Agreement for Reimbursement of Costs for the Construction of Reach E of Poinsettia Lane associated with Carlsbad Tract No. 14-10 (Poinsettia 61), dated as of Dtffmbel' 13-f/i; , 2019 ("Agreement") is made at San Diego County, California, by and between the City of Carlsbad, a municipal corporation ("City"), and Lennar Homes of California, Inc. a California corporation ("Developer"), with reference to the following recitals: RECITALS A Developer is developing certain real property commonly known as Poinsettia 61, ("Project") located in the City of Carlsbad, California (the "City"), more particularly described as Carlsbad Tract No. 14-10 (CT 14-10). B. The Planning Commission of the City of Carlsbad adopted Resolution No. 7226 on February 1, 2017, recommending approval of the Project, and including Condition No. 46 which requires Developer to enter into a Reimbursement Agreement for the design and construction costs of Poinsettia Lane (Reach E) from the Bridge and Thoroughfare District No. 2 funds, with improvements eligible for reimbursement being "'core' improvements including the bridge, full width grading, median curbs, 18 feet of paving on either side of the median, storm drain, right-of-way and environmental mitigation" ("Improvements"). C. The City Council of the City adopted Resolution No. 2017-043 on March 14, 2017, certifying an environmental impact report El R 15-03 and approving the Planning Commission Resolution No. 7226 for the Project. D. The Project is located within the boundaries of Bridge and Thoroughfare District No. 2 and Developer is required to pay fees in conjunction with Bridge and Thoroughfare District No. 2 to finance construction of Reach E of Poinsettia Lane as more particularly described therein and as required by the Project approvals. E. The City has collected, and will continue to collect, funds from the developers of projects located within the boundaries of Bridge and Thoroughfare District No. 2 to fund construction of Reach E of Poinsettia Lane. F. City and Developer acknowledge that Government Code Section 66485, Carlsbad Municipal Code sections 20.16.041 and 20.16.043 allowthe City to require a sub-divider to construct improvements benefiting property outside the subdivision; and Government Code Section 66486 requires a reimbursement agreement for such improvements. The Parties intend that this Agreement satisfies the requirements of Government Code Section 66486. G. A preliminary estimate of cost for design and construction of the Improvements has been prepared and is attached hereto as Exhibit "A". Parties acknowledge that Exhibit A, which was prepared by Developer, is for illustrative purposes only and that all costs are subject to audit for eligibility for payment in accordance with the terms of this Agreement. City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 7 of 37 H. The parties acknowledge that Developer has paid impact fees referenced in Recital E, above, and has commenced the installation of a substantial portion of the Improvements. NOW, THEREFORE, City and Developer agree as follows: 3 1. Recitals. The Recitals, above, are true and correct and incorporated herein by this reference. 2. Satisfaction of Obligation. Developer's agreement to construct the Improvements, 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 Improvements. 3. General Developer Obligations. (a) In consideration of City's reimbursement for the Improvements and other undertakings as set forth herein, Developer agrees to cause the construction of the Improvements, which work shall include the construction of full width grading of the roadway, paved roadway surface for two lanes (18 foot paved section on each side of median for a total of 36 feet paved section), transition pavement at major intersections, median curbs, outside asphalt berms, street drainage facilities, culverts, temporary drainage in the parkway, and either bridge(s) or retaining walls to mitigate biological impacts as eligible under Bridge and Thoroughfare District No. 2 as shown on the City-approved drawings DWG 507- 2 and DWG 507-2A prepared by O'Day Consultants, Inc. (b) Developer shall cause the construction of the Improvements substantially in compliance with the City-approved Plans and specifications and in compliance with the current edition of the Green Book. (c) It shall be the responsibility of Developer to observe and follow the requirements of City for retention of records and the submittal of information in connection with the Improvements, as specified in this Agreement. (d) Developer shall comply with City's bidding, contracting, and change order procedures: (i) If bidding on the Improvements will be open to any qualified bidder, Developer 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 (10) consecutive days or for at least two (2) consecutive times in a weekly newspaper in the City of Carlsbad. Developer 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 the City Engineer. (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 the City Engineer. City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 8 of 37 4 (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 the City Engineer. (iv) 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, Developer 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 furnish a certificate of insurance for commercial general liability, automobile liability, and workers compensation. (vi) 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. (vii) The minimum period between issuance of the notice inviting bids and bid opening is four (4) weeks. (viii) Developer shall conduct the bid opening at a location open to the public. Sealed bids will be required to be submitted on or before the specified date and time and will be publicly opened and the bidder's name and total bid announced at the bid opening in the presence of any interested party. (ix) Developer shall open all bids in the presence of any interested parties and shall rank all bids from the lowest to the highest bid amount, based upon costs for the Improvements. Developer shall prepare a summary analysis of all bids and provide its findings regarding the bid award to the Project Engineer within five (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 Developer 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) Developer shall retain the original of all bids received for a minimum of three (3) years after bid award. (xi) Developer shall award contracts to the lowest responsive, responsible bidder within sixty (60) days after bid opening with concurrence of the City Engineer, and shall authorize the contractor to proceed with the work within sixty (60) days after award. City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 9 of 37 5 (xii) Developer shall not authorize the contractor to begin construction until the following documentation has been submitted to, and approved by, the City Engineer: (a) copies of the signed bid documents for the construction of the Improvements; (b) copies of all insurance certificates for the Developer and 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 the City Engineer, the Developer may issue the notice to proceed to the contractor. (xiii) Developer shall schedule and conduct a pre-construction meeting prior to the beginning of construction of the Improvements. Developer shall invite the design engineer, City Engineer, contractor, inspector, and any other interested parties. (xiv) If Developer desires that any change order be included in the Reimbursement Amount, Developer shall, prior to undertaking such work, obtain the written acknowledgment of the City's Project Inspector as to the need to perform the work in order to satisfactorily complete the construction of the Improvements. The Project Inspector's acknowledgment shall be documented in writing. If Developer undertakes such work prior to obtaining the Project Inspector's written acknowledgment, Developer assumes the risk that such change order may not be included in the Reimbursement Amount. (xv)Contracts for the construction of the Improvements shall provide for payments of prevailing wages by all Contractors and Subcontractors for all work performed. Developer shall include the following provisions in the contract for construction of the Improvements: 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 City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 10 of 37 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial 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 making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. (xvi) Revisions to the Plans shall be reviewed and approved by the City Engineer or designee in accordance with the City's Subdivision/Development Plan Check procedures. (e) Developer shall warranty all work for one (1) year after recordation of the City- issued notice of completion and any faulty work or materials discovered during the warranty period shall be repaired or replaced by Developer, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one-year warranty period. Developer shall replace or repair any such defective work in a manner satisfactory to the City Engineer, after notice to do so from the City Engineer, and within the time specified in the notice. If Developer fails to make such replacement or repairs within the time specified in the notice, City may perform this work and Developer's contractor's sureties shall be liable for the cost thereof. (f) The Project would impact 6.3 acres of SMC. Developer shall enter into a separate contract for the creation, substantial restoration, maintenance and monitoring of 6.3 acres of Southern Maritime Chaparral (SMC) habitat as described in Section 4(f) below. No other mitigation components (e.g., habitat preservation or other habitat creation/substantial restoration) shall be included in this contract. 4. General City Obligations. City shall reimburse Developer in an amount hereinaftercalled the Reimbursable Amount, which will be equal to the sum of the following Reimbursable Expenses: (a) The actual costs incurred for design and engineering costs including civil engineering, soils engineering, landscape architecture, survey and construction staking, utility coordination, plan check and inspection fees as they relate to the Improvements, as well as environmental review and permitting, and habitat mitigation related to the reimbursable Improvements as eligible under Bridge and Thoroughfare District No. 2. (b) The actual costs incurred pursuant to direct construction contract(s) including any change orders issued in compliance with Section 3(d). (c) An allowance equal to 4.0 percent of the direct construction contract costs to cover Developer's construction management and administrative expenses above the level of construction superintendent. (d) An allowance equal to 1.5 percent of the direct construction contract costs to cover the allocable portion of the premiums paid by Developer for improvement bonds and payment and performance bonds for the Improvements. 6 City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 11 of 37 7 (e) An allowance equal to 1.8% of the direct construction contract costs to reimburse the Developer for the allocable portions of premiums paid by Developer for blanket general liability insurance coverage. (f) Habitat Creation/Substantial Restoration. An amount equal to forty-three percent (43%) of the cost for the 6.3 acres of SMC creation/substantial restoration, which equates to 2.7 acres of SMC creation/substantial restoration, is eligible for reimbursement. The 6.3 acres of SMC creation/substantial restoration may include the following mitigation areas: (a) on-site Poinsettia 61, (b) the property commonly referred to as the "Off-site Kevane", and (c) Aviara Park. Total reimbursement shall not exceed the costs for creation/substantial restoration of 2. 7 acres of SMC habitat. Such percentage has been calculated based upon the following: (i) The Project (residential development and Reach E of Poinsettia Lane) would result in permanent impacts to 6.3 acres of SMC habitat. Permanent impacts would occur on 3.6 acres of SMC due to the residential development and 2.7 acres due to Reach E of Poinsettia Lane. (ii) The permanent impact to SMC habitat caused by Reach E of Poinsettia Lane (2.7 acres) is forty-three percent (43%) of the total permanent impacts to SMC habitat caused by the Project (6.3 acres) (i.e., a fraction with (x) the numerator equal to approximately 2. 7 acres impact to SMC habitat resulted from Reach E of Poinsettia Lane and (y) the denominator equal to 6.3 acres of total Project impact to SMC habitat, 2.7/6.3 = 43%). The Project permanent habitat impacts and required mitigation are further described in Section 5 of the Final Biological Resources Technical Report (DUDEK 2017) attached to the Final EIR of Poinsettia 61 Project as Appendix C. (iii) As described in Section 3(f) above, Developer shall enter into a separate contract to create, restore, maintain, and monitor the 6.3 acres of SMC habitat to offset the Project impacts to sensitive habitat. No other mitigation related components (e.g., habitat preservation, or other habitat creation/substantial restoration) shall be included in this contract. Reimbursement of the costs related to the creation/substantial restoration shall not exceed 43% of the actual costs of creation/substantial restoration of the 6.3 acres of SMC habitat. Therefore, total reimbursement shall not exceed the costs for creation/substantial restoration of 2. 7 acres of SMC habitat. Long-term management is discussed in Section 4(g) below. (iv) The costs of creation/substantial restoration of 6.3 acres of SMC habitat, as stated above, are eligible for reimbursement at 43% of the actual cost incurred up to the end of the five-year maintenance and monitoring period. If the final performance standards included in Section 5 of the Final Conceptual Restoration Plan for Poinsettia Project (DUDEK 2018) are not met after the five-year maintenance program, then the Developer shall be responsible at their own cost to continue with the maintenance and monitoring work until the final performance standards are met and approval from the resource agencies are obtained. The cost of the extended creation, restoration, maintenance and monitoring beyond the five-year maintenance City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 12 of 37 and monitoring period are not eligible for reimbursement. (g) Endowments for Long-Term Management. Funding for long-term management is required for all on-site and off-site mitigation areas (preserve areas) through establishment of non-wasting endowment accounts. The total of all such endowments consists of the endowments for (a) Poinsettia 61 ($690,595.00), (b) Aviara Park ($435,460.00) and (c) Veterans Park ($295,178.00). An amount equal to nineteen percent (19%) of the total endowment amount funded by Developer for the Project will be reimbursed by City for an amount of two hundred seventy thousand thirty-four dollars ($270,034) (the "Endowment Reimbursement"). City hereby agrees to provide such amount to Developer within sixty (60) days after the full execution and delivery of this Agreement. Such percentage has been calculated based upon the following: (i) The total preserved open space area (habitat mitigation requirement) associated with the Project (residential development and Reach E of Poinsettia Lane) contains a total of approximately 43.3 acres of open space to be included in the Carlsbad Habitat Management Plan (HMP, City of Carlsbad, 2004). The Project mitigation areas (preserves) contain (a) approximately 34.7 acres of on-site Poinsettia 61 and the property commonly referred to as the "Off-site Kevane", (b) approximately 3.1 acres of Veteran's Park, and (c) approximately 5.5 acres of Aviara Park; as further described in Sections 1 and 2 of Preserve Management Plan for the Poinsettia 61 Preserve (DUDEK 2018) and Section 3 of the Final Conceptual Restoration Plan for Poinsettia Project (DUDEK 2018). (ii) The total mitigation requirements associated with Reach E of Poinsettia Lane contain a total of approximately 8.1 acres of habitat mitigation (2. 7 acres of SMC creation/substantial restoration and 5.4 acres of SMC preservation). The Project permanent habitat impacts and required mitigation are further described in Section 5 of the Final Biological Resources Technical Report (DUDEK 2017) attached to the Final EIR of Poinsettia 61 Project as Appendix C. (iii) The total mitigation requirements for Reach E of Poinsettia Lane is nineteen percent (19%) of the total mitigation requirements for the Project (Reach E of Poinsettia Lane and residential development) (i.e., a fraction with (x) the numerator equal to approximately 8.1 acres mitigation requirements for Reach E of Poinsettia Lane and (y) the denominator equal to 43.3 acres of total Project mitigation requirements, 8.1/43.3 = 19%). (h) The City's share of right-of-way costs for Reach E of Poinsettia Lane, valued at $3,134,000.00, pursuant to the appraisal dated March 30, 2018, by Hendrickson Appraisal, Inc. (i) Credit equal to the unpaid Bridge and Thoroughfare District No. 2 fees applicable to the Project, and reimbursement to Developer of any and all Bridge and Thoroughfare District Fund No. 2 fees paid to date not later than sixty (60) days from the effective date of this Agreement. 8 City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 13 of 37 5. Incremental Reimbursement of Costs (a) The reimbursement of costs shall be payable in no more than two increments. The first increment shall be the "Base Increment" which shall be an amount equal to 90% of the cost incurred to the date of substantial completion. The second increment shall be the "Retained Increment" which shall be an amount not to exceed the remaining unpaid portion of the Reimbursable Expenses. (b) The reimbursement of 43% of the costs related to creation/substantial restoration of 6.3 acres of SMC habitat (as described in Section 4(f) above) shall be eligible for payment in no more than two increments. The first increment shall be payable in an amount not to exceed 43% of the initial creation/substantial restoration costs incurred upon successful completion of the initial 120-day habitat establishment period. The second increment shall be payable in an amount not to exceed 43% of the actual costs of creation/substantial restoration incurred after the 120-day establishment period and up to the end of the five-year maintenance and monitoring period or upon meeting the final performance standards, whichever comes first. Developer is responsible to meet the final performance standards and provide City with the approval from the resource agencies. No mitigation costs (creation, restoration, maintenance, etc.) will be eligible for reimbursement after the end of the five- year maintenance program, regardless of the resource agencies' approval status for the mitigation requirements. Reimbursable costs shall not exceed 43% of the total cost for creation/substantial restoration of the 6.3 acres of SMC habitat. The performance standards for creation and restoration sites as well as the five-year maintenance program are further described in Section 6 of the Final Conceptual Restoration Plan for Poinsettia Project (DUDEK 2018). 6. Eligibility of Reimbursement of the Base Increment or Retained Increment (a) Once the construction of the Improvements is substantially complete then such Improvements shall be eligible for the Reimbursement of the Base Increment. For the purposes of this Agreement, the Improvements shall be deemed "substantially complete" when construction or work with respect to the Improvements has progressed to the point where it is sufficiently complete in the sole judgment of the City Engineer so that the Improvements either are opened to the public for traffic or otherwise could be opened to the public for traffic but for the fact the such opening has been withheld or delayed solely the City. The Improvements may be deemed by the City Engineer to be "substantially complete" pursuant to the preceding sentence even though such Improvements are subject to completion of a punch list of items before such Improvements would be eligible for acceptance by the City. (b) The Improvements shall be eligible for reimbursement of the Retained Increment once all of the following has occurred: (i) The Improvements are "substantially complete"; (ii) The City has accepted the Improvements pursuant to the applicable Subdivision Improvement Agreement and the City's Municipal Code; and (iii) The Notice of Completion for such Improvements has been recorded and a period of at least 35 calendar days has elapsed since the date of such recordation. 9 City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 14 of 37 7. Submittal and Audit of Reimbursable Expenses. (a) Developer shall retain detailed payment records for all Reimbursable Expenses. (b) Each reimbursement request shall include the following documentation as applicable: (i) Copies of the signed construction contract and all approved change orders; · (ii) A letter from the Developer certifying that the construction contractor and all subcontractors have complied with the Labor Code prevailing wage provisions on construction of the Improvements. (iii) A printed spreadsheet together with a digital copy on disc, using Microsoft Excel, showing all eligible and non-eligible costs for each contractor, subcontractor, or vendor by bid item with the unit price bid, estimated quantity, actual quantity, total bid amount, change order amount, amount invoiced, cumulative amount invoiced, and retained amount. A summary sheet of all costs shall be included with each reimbursement request compared to the budget for each item of work and cross-reference to the voicer and canceled check number. (iv) Copies of invoices, vouchers, canceled checks (front and back), or other evidence of payment to support the reimbursement request. (v) Copies of all quantity vouchers or certificates approved by the Project Inspector. (vi) Itemized breakdown of all other Reimbursable Expenses allowed under this Agreement. (vii) For the final reimbursement request of the Retained Increment, Developer shall provide in addition to the items above: a copy of the City- issued and recorded notice of completion; copies of all final mechanics lien releases from each contractor, subcontractor or vendor; and a copy of the approved as-built plans that incorporate all approved changes. (c) Each reimbursement request will be processed and audited for City by a reputable consulting engineer selected by City ("Auditing Engineer"). The costs of the Auditing Engineer shall be paid directly by City from the Bridge & Thoroughfare District No. 2 Funds. (d) The Auditing Engineer shall review all reimbursement requests and the documentation submitted in connection therewith and shall within sixty (60) days thereafter issue to City a report ("Audit Report") either recommending acceptance of Developer's Reimbursement Request or specifying with particularity any items or amounts not recommended to be approved. The Audit Report shall include copies of all original supporting documentation as supplied by Developer. If the Auditing Engineer objects to only a portion of a Reimbursement Request, he or she shall recommend rejecting payment on the objectionable portion. 10 City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 15 of 37 8. Payment of Reimbursable Expenses. (a) Upon receipt and review of the Audit Report, the City Engineer may reject any additional cost claim that is not eligible under this Agreement or for which supporting documentation was not provided. If the City Engineer rejects payment on any cost claim comprising the Reimbursement Request, the City Engineer shall notify Developer within thirty (30) days after the City's receipt of the Audit Report. (b) Upon the City Engineer's approval of an Audit Report, the City Engineer shall mail a copy of the Audit Report together with a transmittal letter to the Developer indicating City concurrence with the Audit Report and approving the total amount of Reimbursable Expenses. (c) Upon receipt of the approved Audit Report and transmittal letter, Developer may submit an invoice to City requesting payment in the amount or Reimbursable Expenses approved in the transmittal letter in accordancewith Sections 5 and 6 herein. (d) In the event that Developer and the City Engineer cannot agree on the amount or eligibility of a claimed expense, the dispute procedures in Section 9 shall be followed. (e) Upon receipt of Developer's invoice in conformance with the approved Audit Report, the City Engineer shall process the invoice for payment in accordance with City invoice payment procedures. Resolution of any disputed costs or items of work shall not delay processing of an invoice that has been properly submitted by Developer for reimbursement of costs that were deemed eligible for reimbursement by the City Engineer. (f) City shall be entitled to rely on the authenticity of all supporting data, documents, representations, and certifications provided by Developer without independent verification. (g) The Parties agree that the sole source of reimbursement shall be funds from Bridge and Thoroughfare District No. 2 and that the City's General Fund is not a part of this Agreement, and shall not be obligated under the terms of this Agreement. 9. 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, if they become identified as a part of a dispute among persons operating under the provisions of this Agreement shall be reduced to writing by the principal of Developer or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal of Developer, 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 fails to resolve the dispute, a letter outlining the dispute shall be forwarded 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 11 City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 16 of 37 12 parties from seeking remedies available to them at law. 10. Indemnification. Other than the performance of design professionals services, Developer shall defend, indemnify, and hold harmless the 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 Developer or Developer's agents, any subcontractor, anyone directly or indirectly employed by them, or anyone they control. Developer's duty to defend, indemnify, and hold harmless shall not include any claims or liabilities arising from the active or sole negligence or willful misconduct 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), Developer 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 the negligence, recklessness, or willful misconduct of Developer's design professional or the design professional's officers or employees. 11. Insurance. Developer 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 arise out of or in connection with performance of the services by Developer or Developer'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. 11.1. Coverage and Limits. Developer will maintain the types of coverage and minimum limits indicated below, unless the City of Carlsbad Risk Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Developer'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 Developer pursuant to this Agreement are adequate to protect Developer. If Developer believes that any required insurance coverage is inadequate, Developer will obtain such additional insurance coverage, as Developer deems adequate, at Developer's sole expense. The full limits available to the named insured shall also be available and applicable to City as an additional insured. 11.1.1. 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. 11.1.2. Automobile Liability. (if the use of an automobile is involved for Developer's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 17 of 37 13 11.1.3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Developer has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4. Professional Liability. Errors and omIssIons liability appropriate to Developer's profession with limits 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 Improvements. 11.2.1. Additional Provisions. Developer will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. 11.2.2. Developer will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3. This 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. 11.3. Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Developer will furnish certificates of insurance and endorsements to City. 11.4. Failure to Maintain Coverage. If Developer fails to maintain any of these insurance coverages, then City will have the option to declare Developer in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Developer is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Developer or deduct the amount paid from any sums due Developer under this Agreement. 11.5. Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. Assignment of Contract. Developer shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of City, which approval shall not be unreasonably withheld. City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 18 of 37 14 13. Notices. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt requested, postage prepaid, addressed as shown below. Notices required to be given to Developer shall be addressed as follows: Lennar Homes of California c/o Vice President of Land Development 15131 Alton Parkway, #365 Irvine, California 92618 Telephone: (949) 349-8234 Notices to City shall be delivered to the following: CITY OF CARLSBAD c/o City of Carlsbad Attention: City Engineer 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602-2758 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. 14. Transfer by Developer. The obligations and benefits of this Agreement shall not be transferred upon sale of the Project. 15. 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. 16. 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. 17. 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. 18. Amendment. This Agreement may be amended by a written instrument executed by City and Developer except that no amendment regarding the provisions for reimbursement to Developer shall be valid unless executed by both Developer and City. 19. 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. City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 19 of 37 15 20. 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. City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 20 of 37 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. Lennar Homes of California a California corporation By: \J---r\r= ___ _ (sign here) (print name/title) CITY OF CARLSBAD a municipal corporation MATT HALL, Mayor ATTEST: ~: --- (s,gn here) _,,,$~ t Hecu C-rif1>£:2/ Dtp,.,~ j ~ ~,~BARBA ENGLESON~CityClerk . '-B-a.!fVrri_S. \f p C/ (nn name/title 7 ~ . l'Jer if (Proper notarial acknowledgment of execution by 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: CELIA A. BREWER, City Attorney By:~ @cpat,-City Attorney 16 .., City Attorney Approved Version (Aug. 29, 2018) Dec. 10, 2019 Item #3 Page 21 of 37 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sao Diego I On _ _._J=-'-:)-+-'},'-""· 3_/L--1 q.,L...__ __ before me, ______:__:.l-l-""-ec.a.aolDiu....f_._..6 ....... orry:'-'-"-'-"'2=-+,-L-MLK.~..L..lfa.aL.~'1--I --'-R---'<-v_.hl.-'-'1/ CIIC...-.._ __ r I (insert name an{j title oi ~e officer) personally appeared Jv1 alt //a, J who 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~ (Seal) Dec. 10, 2019 Item #3 Page 22 of 37 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On September 13, 19 before me, Debra J. Peloza, Notary Public, personally appeared Jeremy Parness and Brian Bencz who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons 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. Signature c&i k 9· ~ DEBRA J. PELOZA COMM. #2198310 z Notary Public • California ~ Orange County .... Convn. Ex ires June 8, 2021 (Seal) Dec. 10, 2019 Item #3 Page 23 of 37 O'Day Consultants, Inc. 2710 Loker Avenue West Suite 100 Carlsbad, CA 92010 (760) 931-7700 CITY OF CARLSBAD 9/10/2019 J.N.: 141018 Page 1 of 12 BRIDGE AND THOROUGHFARE DISTRICT NO. 2 POINSETTIA LANE COST ESTIMATE SUMMARY GRADING SOFT COST ESTIMATE jGRADIN_§PLANS (GR2017-0052) $ 55,336 -------------------------------- iEARTHWORK CALCULATIONS $ 4,400 SLOPE LANDSCAPE PLAN (LPC2017-0059) $ 4,574 GEOTECHNICAL REPORTS $ 60,000 DRAINAGE STUDY $ 13,960 SWPPP $ 10,752 SWQMP $ 17,398 iBONDING ESTIMATE $ 1,400 See Improvement DEVELOPER CONSTRUCTION MANAGEMENT Soft Cost Estimate MEETINGS $ 29,120 CONSULTATION DURING GRADING $ 23,296 tAS-BUILTS $ 6,000 I TOTAL GRADING SOFT COST ESTIMATE: $ 226,236 I I ' GRADING CONSTRUCTION ESTIMATE EARTHWORK $ 436,686 BMP's POST GRADING $ 100,820 SURVEY $ 6,440 See Improvement GEOTECHNICAL Construction Estimate TOT AL GRADING CONSTRUCTION ESTIMATE: $ 543,946 1---------. ------- IMPROVEMENT SOFT COST ESTIMATE POINSETTIA LANE ROAD DEDICATION -FEE ACQUISITION $ 3,134,398 i POINSETTIA LANE IMPROVEMENT PLANS (ROW2017-0799) $ 67,500 :BRIDGE IMPROVEMENT PLAN (ROW2017-0799) $ 158,500 ]POINSETTIA LANE SIGNING AND STRIPING PLAN (ROW2017- '0799) $ 3,500 BOND ESTIMATES $ 1,400 DEVELOPER CONSTRUCTION MANAGEMENT $ 323,482 C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement Dec. 10, 2019 Item #3 Page 24 of 37 O'Day Consultants, Inc. 2710 Loker Avenue West Suite 100 Carlsbad, CA 92010 (760) 931-7700 BRIDGE CONSTRUCTION SERVICES I MEETINGS icoNSULTATION DURING CONTRUCTION 1AS-BUILTS I TOTAL IMPROVEMENT SOFT COST: IMPROVEMENT CONSTRUCTION ESTIMATE STORM DRAIN PUBLIC SURFACE IMPROVEMENTS BRIDGE IMPROVEMENTS SURVEY GEOTECHNICAL TOTAL IMPROVEMENT CONSTRUCTION ESTIMATE: I ENVIRONMENTAL COST ESTIMATE ENDOWMENTS CREATION & SUBSTANTIAL RESTORATION TOTAL ENVIRONMENTAL COST ESTIMATE: OVERALL TOTAL POINSETTIA LANE COST ESTIMATE NOTE: $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 9/10/2019 J.N.: 141018 Page 2 of 12 309,000 29,120 8,320 6,000 4,041,220 406,135 742,332 6,401,088 30,432 50,000 7,629,987 270,034 617,652 887,686 13,329,075 THESE ESTIMATES ARE BASED UPON PRELIMINARY PLANS WHICH HAVE NOT RECEIVED FINAL APPROVAL. UNIT COSTS, IN SOME CASES, HAVE BEEN PROVIDED BY OTHERS. ' i THE ENGINEER MAKES NO REPRESENTATION CONCERNING THE ESTIMATED QUANTITIES. COST FIGURES ARE ESTIMATES ONLY AND THE ENGINEER SHALL NOT BE RESPONSIBLE FOR FLUCTUATIONS IN COST FACTORS OR CHANGES DUE TO FINAL DESIGN. THESE ESTIMATES ARE FOR PRELIMINARY INFORMATION ONLY. * GRADING COSTS IN AUGUST 2018 WERE ESTIMATED AT $458,897 VS. CURRENT ESTIMATE OF $569,979. SIMILARLY, TOTAL CONSTRUCTION COSTS IN AUGUST 2018 WERE ESTIMATED AT $7,006,188 VS. CURRENT ESTIMATE OF $8,199,966. C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement Dec. 10, 2019 Item #3 Page 25 of 37 O'Day Consultants, Inc. 2710 Loker Avenue West Suite 100 Carlsbad, CA 92010 (760) 931-7700 POINSETTIA LANE GRADING SOFT COST ESTIMATE Description GRADING PLANS (GR2017-0052) Aerial Mappinq (Lump Sum) Survey control, set aerial panels, field topo existing improvements ... P~ct Manager ---·- 2 Man Field Crew (PW) Project Surveyor Grading Plans Project Manager Project Engineer Desiqn Engineer Unit Costs and Quantity Unit Percent Allocation I 1 LS $ 3,680.00 I 4 j_ HR i 208.00 16 I HR $ 292.00 8. HR $ 144.00 $ $ $ $ 30 HR $ 208.00 $ 120 : HR $ 175.00 $ 120 ; HR $ 148.00 $ GRADING PLANS (GR2017-0052) TOTAL: $ EARTHWORK CALCULATIONS Project Manaoer 2 . HR $ 208.00 $ _ Pro~ct Engineer Design Engineer ________ -----+----1_6 HR $ 175.00 $ 8 HR $ 148.00 $ EARTHWORK CALCULATIONS TOTAL: $ SLOPE LANDSCAPE PLAN (LPC2017-0059) Slope Landscape Plans 1 LS $ 36,593.00 Percent Allocation (Slope Area*) 12.5 % $ 36,593.00 $ SLOPE LANDSCAPE PLAN (LPC2017-0059) TOTAL: $ GEOTECHNICAL REPORTS Poinsettia Lane: Investigation, testing, and soils report 1 LS $ 60,000.00 $ GEOTECHNICAL REPORTS TOTAL: $ -------------------------------·- ----- DRAINAGE STUDY Project Manager 5 HR $ 208.00 $ Project Engineer 40 HR $ 175.00 $ Desiqn Enqineer 40 HR $ 148.00 $ DRAINAGE STUDY TOTAL: $ SWPPP Project Manager 2 HR $ 208.00 $ Project Enqineer 32 HR $ 175.00 $ Design Engineer 32 HR $ 148.00 $ SWPPP TOTAL: $ SWQMP Project Manager 6 HR $ 208.00 $ Project Engineer 50 I HR $ 175.00 $ Design Enoineer 50 HR $ 148.00 $ SWQMP TOTAL: $ C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement 9/10/2019 J.N.: 141018 Page 3 of 12 Total Cost ---- 3,680.00 832.00 4,672.00 1,152.00 6,240.00 21,000.00 17,760.00 55,336 416.00 2,800.00 1,184:00 4,400 4,574.13 4,574 60,000.00 60,000 1,040.00 7,000.00 5,920.00 13,960 416.00 5,600.00 4,736.00 10,752 1,248.00 8,750.00 7,400.00 17,398 Dec. 10, 2019 Item #3 Page 26 of 37 O'Day Consultants, Inc. 2710 Loker Avenue West Suite 100 Carlsbad, CA 92010 (760) 931-7700 Description BONDING ESTIMATE Project Engineer DEVELOPER CONSTRUCTION MANAGEMENT Developer Construction Manaqement Unit Costs and Quantity Unit Percent Allocation 8 HR $ 175.00 BONDING ESTIMATE TOT AL: DEVELOPER CONSTRUCTION MANAGEMENT TOTAL: MEETINGS Project Manaqer 140 HR $ 208.00 MEETINGS TOTAL: CONSULTATION DURING GRADING Project Manaqer 112 HR $ 208.00 CONSULTATION DURING GRADING TOTAL: AS-BUILTS Project Manaqer 4 HR $ 208.00 Project Engineer 16 • HR $ 175.00 Desiqn Enqineer 16 HR $ 148.00 AS-BUil TS TOTAL: GRADING SOFT COST ESTIMATE TOTAL: * PERCENT ALLOCATION CALCULATION $ $ 9/10/2019 J.N.: 141018 Page4of12 Total Cost 1,400.00 1,400 See Improvement Soft Cost Estimate $ - $ 29,120.00 $ 29,120 $ 23,296.00 $ 23,296 $ 832.00 $ 2,800.00 $ 2,368.00 $ 6,000 $ 226,236 GRADING AREA: TOTAL PROJECT GRADING AREA= 25.82 AC, POINSETTIA LANE GRADING AREA= 3.75 AC, AND GRADING AREA PERCENT ALLOCATION: 3.72 AC/25.82 AC= 14.4% EARTHWORK: TOTAL PROJECT EARTHWORK= 495,800 CY, POINSETTIA LANE EARTHWORK= 33,725 CY, AND GRADING AREA PERCENT ALLOCATION: 3.72 AC/25.82 AC= 14.7% SLOPE AREA: TOTAL PROJECT SLOPE AREA= 394,766 SF, POINSETTIA LANE SLOPE AREA= 49,490 SF, AND SLOPE AREA PERCENT ALLOCATION: 49,490 SF/394,766 SF= 12.5% NOTE: THESE ESTIMATES ARE BASED UPON PRELIMINARY PLANS WHICH HAVE NOT RECEIVED FINAL APPROVAL. UNIT COSTS, IN SOME CASES, HAVE BEEN PROVIDED BY OTHERS. THE ENGINEER MAKES NO REPRESENTATION CONCERNING THE ESTIMATED QUANTITIES. COST FIGURES ARE ESTIMATES ONLY AND THE ENGINEER SHALL NOT BE RESPONSIBLE FOR FLUCTUATIONS IN COST FACTORS OR CHANGES DUE TO FINAL DESIGN. THESE ESTIMATES ARE FOR PRELIMINARY INFORMATION ONLY. C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement Dec. 10, 2019 Item #3 Page 27 of 37 O'Day Consultants, Inc. 2710 Loker Avenue West Suite 100 Carlsbad, CA 92010 (760) 931-7700 POINSETTIA LANE GRADING CONSTRUCTION ESTIMATE Unit Costs and Description Quantity Unit Percent Allocation EARTHWORK Mobilization, Site Preparation , Establish Construction Water (Not to Exceed 2% of Bid) -Complete 1 LS $ 12,500.00 PaymenUPerformance & Labor/Materials Bond (Not to Exceed 2% of Bid) -Complete 1 LS $ 8,500.00 Develop Construction Water -Complete 1 LS $ 50,000.00 Purchase & Apply Construction Water -Complete 50,500 CY $ 0.20 Erosion Control Establishment and Management Required during Grading Operation -Complete 1 LS $ 35,000.00 Water Management Establishment and Management Required during Grading Operation -Complete 1 LS $ 15,000.00 Clearing and Grubbing and Site Demo -Complete 3.75 AC $ 2,500.00 Site Prewater -Complete 3.75 AC $ 500.00 Unclassified Excavation -Complete 8,031 CY $ 2.25 Remedial Excavation & Recompaction -Complete 18,000 CY $ 2.25 Buttress/Keyway Construction -Complete -CY Import, Place & Compact -Complete 24,469 CY $ 4.50 Canyon Subdrain -Complete 450 LF $ 35.00 Buttress Back Drains (6' Height) -Complete -LF Buttress Back Drains (over 6' in Height) -Complete -LF Back Drain Outlets -Complete -EA Finish Streets -Complete 137,535 SF $ 0.20 Finish Contour Areas -Complete -SF Finish Slope -Complete 50,880 SF $ 0.50 15% Contingencies 15 % $ 379,727.25 EARTHWORK TOT AL: BMP's POST GRADING Gravel Bags 1,920 EA $ 1.82 -Siff i=ence ----------------~~46 2.64-LF $ Fiber Rolls 2,933 LF $ 3.71 Hydroseed 104,550 SF $ 0.33 Stabilized Construction Entrance 2,560 SF $ 8.66 Inlet Protection 6 EA $ 247.50 - --------------------~-------------BMP Maintenance 10,000 LS $ 10,000.00 15% Contingencies 15 % $ 87,669.37 BMP's POST GRADING TOTAL: SURVEY 2 man crew (prevailing wage) 16 HR $ 292.00 Office Calculations 6.5 HR $ 144.00 Project Management 4 HR $ 208.00 SURVEY TOTAL: C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement 9/10/2019 J.N.: 141018 Page 5 of 12 Total Cost $ 12,500.00 $ 8,500.00 $ 50,000.00 $ 10,100.00 $ 35,000.00 $ 15,000.00 $ 9,375.00 $ 1,875.00 $ 18,069.75 $ 40,500.00 $ - $ 110,110.50 $ 15,750.00 $ - $ - $ - $ 27,507.00 $ - $ 25,440.00 $ 56,959.09 $ 436,686 $ 3,494.40 $--------- 5,137.44 $ 10,881.43 $ 34,501.50 $ 22,169.60 $ 1,485.00 -··----$ 10,000.00 $ 13,150.41 $ 100,820 $ 4,672.00 $ 936.00 $ 832.00 $ 6,440 Dec. 10, 2019 Item #3 Page 28 of 37 O'Day Consultants, Inc. 2710 Loker Avenue West Suite 100 Carlsbad, CA 92010 (760) 931-7700 GEOTECHNICAL Description See Improvement Construction Estimate * PERCENT ALLOCATION CALCULATION Unit Costs and Quantity Unit Percent Allocation GEOTECHNICAL TOTAL: GRADING CONSTRUCTION ESTIMATE TOTAL: - ---- - J ____ L [ _____ $ $ $ 9/10/2019 J.N.: 141018 Page 6 of 12 Total Cost - - 543,946 -------- GRADING AREA: TOTAL PROJECT GRADING AREA= 25.82 AC, POINSETTIA LANE GRADING AREA= 3.75 AC, AND GRADING AREA PERCENT ALLOCATION: 3.72 AC/25.82 AC= 14.4% EARTHWORK: TOTAL PROJECT EARTHWORK= 495,800 CY, POINSETTIA LANE EARTHWORK= 33,725 CY, AND GRADING AREA PERCENT ALLOCATION: 3.72 AC/25.82 AC= 14.7% SLOPE AREA: TOTAL PROJECT SLOPE AREA= 394,766 SF, POINSETTIA LANE SLOPE AREA= 49,490 SF, AND SLOPE AREA PERCENT ALLOCATION: 49,490 SF/394,766 SF= 12.5% NOTE: THESE ESTIMATES ARE BASED UPON PRELIMINARY PLANS WHICH HAVE NOT RECEIVED FINAL APPROVAL. UNIT COSTS, IN SOME CASES, HAVE BEEN PROVIDED BY OTHERS. THE ENGINEER MAKES NO REPRESENTATION CONCERNING THE ESTIMATED QUANTITIES. COST FIGURES ARE ESTIMATES ONLY AND THE ENGINEER SHALL NOT BE RESPONSIBLE FOR FLUCTUATIONS IN COST FACTORS OR CHANGES DUE TO FINAL DESIGN. THESE ESTIMATES ARE FOR PRELIMINARY INFORMATION ONLY. (1) Unit price per Countv of San Dieqo, Department of Public Works unit price list, Julv, 2017. All other prices per Citv of San Dieqo unit price list, Januarv 2009. C:\Userslahan\Desktop\Attachment 1 to Reimbursement Agreement Dec. 10, 2019 Item #3 Page 29 of 37 O'Day Consultants, Inc. 271 O Loker Avenue West Suite 100 Carlsbad, CA 92010 (760) 931-7700 POINSETTIA LANE IMPROVEMENT SOFT COST ESTIMATE Unit Costs and Description Quantity Unit Percent Allocation POINSETTIA LANE ROAD DEDICATION -FEE ACQUISITION Poinsettia Lane Road Dedication -Fee Acauisition 1 LS $ 3,134,398.00 POINSETTIA LANE ROAD DEDICATION -FEE ACQUISITION TOTAL: POINSETTIA LANE IMPROVEMENT PLANS (ROW2017-0799) Project Manager 45 HR $ 208.00 Project Engineer 180 HR $ 175.00 Design Engineer 180 HR $ 148.00 POINSETTIA LANE IMPROVEMENT PLANS (ROW2017-0799) TOTAL: BRIDGE IMPROVEMENT PLAN (ROW2017-0799} Bridae Improvement Plans 1 LS $ 158,500.00 BRIDGE IMPROVEMENT PLAN (ROW2017-0799) TOTAL: POINSETTIA LANE SIGNING AND STRIPING PLAN (ROW2017-0799) Poinsettia Lane Sianina and Striping Plan 1 LS $ 3,500.00 POINSETTIA LANE SIGNING AND STRIPING PLAN (ROW2017-0799) TOTAL: BOND ESTIMATES Project Enaineer 8 HR $ 175.00 BOND ESTIMATES TOTAL: DEVELOPER CONSTRUCTION MANAGEMENT Developer's Construction Management and/or Administrative Expenses 4 % $ 8,087,060.89 DEVELOPER CONSTRUCTION MANAGEMENT TOTAL: C:\Users\ahan\Oesktop\Attachment 1 to Reimbursement Agreement $ $ $ $ $ $ $ $ $ $ $ $ $ $ 9/10/2019 J.N.: 141018 Page 7 of 12 Total Cost 3,134,398.00 3,134,398 9,360.00 31,500.00 26,640.00 67,500 158 500.00 158,500 3,500.00 3,500 1,400.00 1,400 323,482.44 323,482 Dec. 10, 2019 Item #3 Page 30 of 37 O'Day Consultants, Inc. 2710 Loker Avenue West Suite 100 Carlsbad, CA 92010 (760) 931-7700 Description BRIDGE CONSTRUCTION SERVICES Construction Engineering Construction Submittals Construction Inspection Reimbursable Expenses Subconsultant Expenses MEETINGS Project Manaqer Unit Costs and Quantity Unit Percent Allocation 1 LS $ 37,580.00 1 LS $ 54,574.00 1 LS $ 205,496.00 1 LS $ 6,100.00 1 LS $ 5,250.00 BRIDGE CONSTRUCTION SERVICES TOTAL: 140 HR $ 208.00 MEETINGS TOTAL: CONSULTATION DURING CONTRUCTION ---------------- Project Manaqer 40 $ 208.00 CONSULTATION DURING CONTRUCTION TOTAL: AS-BUILTS Project Manaqer 4 $ 208.00 Project Enqineer 16 $ 175.00 Desiqn Engineer 16 $ 148.00 AS-BUil TS TOTAL: ----------------------------,--1 IMPROVEMENT SOFT COST ESTIMATE TOTAL: NOTE: 9/10/2019 J.N.: 141018 Page 8 of 12 Total Cost $ 37,580.00 $ 54,574.00 $ 205,496.00 $ 6,100.00 $ 5,250.00 $ 309,000 $ 29,120.00 $ 29,120 -------$ 8,320.00 $ 8,320 $ 832.00 $ 2,800.00 $ 2,368.00 $ ----6,000 $ 4,041,220 THESE ESTIMATES ARE BASED UPON PRELIMINARY PLANS WHICH HAVE NOT RECEIVED FINAL APPROVAL. UNIT COSTS, IN SOME CASES, HAVE BEEN PROVIDED BY OTHERS. --_L ____ --__ [__J_ _ I ----- THE ENGINEER MAKES NO REPRESENTATION CONCERNING THE ESTIMATED QUANTITIES. COST FIGURES ARE ESTIMATES ONLY AND THE ENGINEER SHALL NOT BE RESPONSIBLE FOR FLUCTUATIONS IN COST FACTORS OR CHANGES DUE TO FINAL DESIGN. THESE ESTIMATES ARE FOR PRELIMINARY INFORMATION ONLY. C:\Users\ahan\Desktop\Anachment 1 to Reimbursement Agreement Dec. 10, 2019 Item #3 Page 31 of 37 O'Day Consultants, Inc. 2710 Loker Avenue West Suite 100 Carlsbad, CA 92010 (760) 931-7700 STORM DRAIN Description POINSETTIA LANE IMPROVEMENT CONSTRUCTION ESTIMATE Unit Costs and Quantity Unit Percent Allocation 9/10/2019 J.N.: 141018 Page 9 of 12 Total Cost Mobilization, Site Preparation , Establish Construction Water (Not to Exceed 10% of Bid) -Complete -PiiymenUPerformarice &Tabor/Materials Bond (Not to Exceed 2% of Bid) -Complete LS -_!_ ___ 31,559.00 _l_ -31,5_~9.00 6,011.80 Erosion Control Establishment and Management Required during Bridge Construction -Complete 24" RCP 18" RCP 18" RCP in Existing Poinsettia Lane -Including Sawcut AC, AC Removal & Replacement, Concrete Removal & Replacement, Shoring & Connection to Existing 8" Galvanized Steel Pipe Clean Out -Tvpe A-4 Catch Basin -Modified Type G Curb Inlet (Type B) -L=5' _ __Q_LJ_r_b lnh:it~__:1) -L=1Q' ___ ------ Wing Type Headwall Type 1 Rip-Rap Type 1 Outlet with Mirafi Backing Connect to existino SD Traffic Control 15% Contingencies PUBLIC SURFACE IMPROVEMENTS Mobilization, Site Preparation , Establish Construction Water (Not to Exceed 10% of Bid) -Complete PaymenUPerformance & Labor/Materials Bond (Not to Exceed 2% of Bid) -Complete Erosion Control Establishment and Management Required during Roadway Construction -Complete Removals Sawcut existing AC A.C. Pavement removal Grading -Grade received @ +/-0.5' foot of Subgrade Delivered 0.1' _ G_rade for Curb Shelf ___ _ _______ _ Backfill Curbs Grade & Balance Street Subgrade -Including Scarification & Recompaction to 95% Furnish, Deliver and Place Base Material -Grade Area to be received @ 0.1' 6" Base Material Under Median Curb 12" Aggregate Base for Street Pavement Section C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement LS $ 6,011.80 $ LS $ 15,000.00 $ 42 LF $ 150.00 $ 728 LF $ 125.00 $ 75 LF $ 250.00 $ -LF $ 75.00 $ 3 EA $ 9,550.00 $ 3 EA $ 10,000.00 $ 2 EA $ 6,500.00 $ 4 EA J_ 13,000.00 $ ----- 4 EA $ 9,500.00 $ 162 SF $ 95.00 $ 1 EA Included $ 1 EA $ 7,500.00 $ 15 % $ 353,160.80 $ STORM DRAIN TOT AL: $ LS $ 57,634.47 $ LS $ 11,526.89 $ LS $ 25,000.00 $ 98 LF $ 75.00 $ 490 SF $ 25.00 $ 2,422 LF j_ ____ _ 2.50 $ 1.25 $ 2,422 LF $ 47,018 SF $ 1.75 $ 2,422 LF $ 2.50 $ 47,018 SF $ 2.40 $ ---- 15,000.00 6,300.00 91,000.00 18,750.00 - 28,650.00 30,000.00 13,000.00 52,000.00 38,000.00 15,390.00 - 7,500.00 52,974.12 406,135 57,634.47 11,526.89 25,000.00 7,350.00 12,250.00 6,055.00 3,027.50 82,281.50 6,055.00 112,843.20 Dec. 10, 2019 Item #3 Page 32 of 37 O'Day Consultants, Inc. 2710 Loker Avenue West Suite 100 Carlsbad, CA 92010 (760) 931-7700 Description Concrete Street Improvement Construction 6" Curb & Gutter (Type G) 8" Median Curb, (GS-18) Asphalt Paving Street Improvement Construction _ fonstruct 5" As_phalt Pave_rnemt _ 6" AC Dike, Type A (per G-5) Other Street Improvement Work Siqninq & Strioinq Street Centerline Monuments per M-10 Guard Rail, Metal Beam, Per M-30-38 Traffic Control Unit Costs and Quantity Unit Percent Allocation 2,422 47,018 LF LF SF LF $ $ $ $ 28.00 $ 30.00 $ 3.75 $ 10.45 $ 9/10/2019 J.N.: 141018 Page 10 of 12 Total Cost 72,660.00 176,317.50 - 1 LS $ 43,665.00 $ 43,665.00 5 EA $ 2,000.00 $ 10,000.00 100 LF $ 38.40 $ 3,840.00 1 LS $ 15,000.00 $ 15,000.00 15% Contingencies -- - 15 % $ 645,506.06 $ 96,825.91 PUBLIC SUR-FACE IMPROVEMENTS TOTAL: r-$,-----'7-42-,-33-2--1 BRIDGE IMPROVEMENTS Mobilization, Site Preparation , Establish Construction Water (Not to Exceed 10% of Bid) -Complete PaymenUPerformance & Labor/Materials Bond (Not to Exceed 2% of Bid) -Complete Erosion Control Establishment and Management Required during Bridge Construction -Complete Water Management Establishment & Management Required during Excavation/Backfill Operations - Complete Structure Excavation (Bridge) Structure Backfill (Bridge) 30" Cast-In-Drilled-Hole Concrete Piling Prestressing Cast-In-Place Concrete Structural Concrete, Bridge Footing Structural Concrete, Bridge Structural Concrete, Bridge (Polymer Fiber) Structural Concrete, Approach Slab (Type N) Joint Seal (MR 2") Bar Reinforcing Steel (Bridge) 12" Welded Steel Pipe Casing Bridge 20" Welded Steel Pipe Casing Bridge Minor Concrete (Sidewalk) Miscellaneous Metal (Bridge) Concrete Barrier Type 90 Pedestrian Rail with Curb Bridge Deck Drainage System _j='edestrian Lightin_g __ _ Utilities through Bridge Ducting Traffic Control 15% Contingencies C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement LS $ 478,691.73 $ LS $ 99,754.35 $ LS $ 50,000.00 $ 1 LS $ 50,000.00 $ 1,344 CY $ 92.40 $ 850 CY $ 118.80 $ 642 LF $ 374.00 $ 1 LS $ 116,600.00 $ 423 CY $ 605.00 $ 1,340 CY $ 1,232.00 $ 692 CY $ 1,100.00 $ 138 CY $ 863.50 $ 168 LF $ 119.90 $ 506,800 LB $ 1.50 $ 60 LF $ 154.00 $ 60 LF $ 253.00 $ 40 CY $ 742.50 $ 2,130 LB $ 7.70 $ 1,266 LB $ 209.00 $ 632 LF $ 286.00 $ 2,815 LF $ 7.70 $ 1 LS $ 25,000.00 $ -- 336 LF $ 300.00 $ 1 LS $ 75,000.00 $ 15 % $ 5,566,163.38 $ BRIDGE IMPROVEMENTS TOTAL: $ 478,691.73 99,754.35 50,000.00 50,000.00 124,185.60 100,980.00 240,108.00 116,600.00 255,915.00 1,650,880.00 761,200.00 119,163.00 20,143.20 760,200.00 9,240.00 15,180.00 29,700.00 16,401.00 264,594.00 180,752.00 21,675.50 25,000.00 100,800.00 75,000.00 834,924.51 6,401,088 Dec. 10, 2019 Item #3 Page 33 of 37 O'Day Consultants, Inc. 2710 Loker Avenue West Suite 100 Carlsbad, CA 92010 (760) 931-7700 SURVEY Description 2 man crew (prevailing wage) Office Calculations Project Management GEOTECHNICAL Construction Testing and Inspection NOTE: Unit Costs and Quantity Unit Percent Allocation 78 HR $ 292.00 31.5 HR $ 144.00 15 HR $ 208.00 SURVEY TOTAL: 1 LS $ 50,000.00 GEOTECHNICAL TOTAL: IMPROVEMENT CONSTRUCTION ESTIMATE TOTAL: $ $ $ $ $ $ $ 9/10/2019 J.N.: 141018 Page 11 of 12 Total Cost 22,776.00 4,536.00 3,120.00 30,432 50,000.00 50,000 7,629,987 THESE ESTIMATES ARE BASED UPON PRELIMINARY PLANS WHICH HAVE NOT RECEIVED FINAL APPROVAL. UNIT COSTS, IN SOME CASES, HAVE BEEN PROVIDED BY OTHERS. THE ENGINEER MAKES NO REPRESENTATION CONCERNING THE ESTIMATED QUANTITIES. COST FIGURES ARE ESTIMATES ONLY AND THE ENGINEER SHALL NOT BE RESPONSIBLE FOR FLUCTUATIONS IN COST FACTORS OR CHANGES DUE TO FINAL DESIGN. THESE ESTIMATES ARE FOR PRELIMINARY INFORMATION ONLY. C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement Dec. 10, 2019 Item #3 Page 34 of 37 O'Day Consultants, Inc. 2710 Loker Avenue West Suite 100 Carlsbad, CA 92010 (760) 931-7700 Description ENDOWMENTS ONSITE -KEVANE SITE OFFSITE -VETERANS PARK OFFSITE -AVIARA SITE ----- POINSETTIA LANE ENVIRONMENTAL COST ESTIMATE Unit Costs and Quantity Unit Percent Allocation 1 LS $ 690,595.00 1 LS $ 295,178.00 1 LS $ 435,460.00 ENDOWMENT TOTAL: -------- CREATION & SUBSTANTIAL RESTORATION 6.3 AC. SMC CREATION (B&T RESPONSIBLE FOR 2.7 AC) 1 LS $ 1,436,400.48 OTHERS 1 LS $ 253,482.44 RESTORATION (OFFSITE -VETERANS SITE) TOTAL: ENVIRONMENTAL COST ESTIMATE TOTAL: ,- Total Cost $ 690,595.00 $ 295,178.00 $ 435 460.00 $ 1,421,233.00 - $ 1,436,400.48 $ 253,482.44 $ 1,689,882.92 $ 3,111,116 * PLEASE NOTE THIS IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL COSTS FOR REIMBURSEMENT ARE SUBJECT TO REVIEW AND AUDIT AS STATED IN THE REIMBURSEMENT AGREEMENT. FURTHERMORE, A SEP ARA TE CONTRACT WILL BE ESTABLISHED FOR SUBSTANTIAL RESTORATION AND CREATION, OF WHICH APPLICABLE PERCENTAGE WILL BE APPLIED TO ARRIVE AT REIMBURSEMENT AMOUNT FOR 2.7 AC. SMC HABITAT. NOTE: THESE ESTIMATES ARE BASED UPON PRELIMINARY PLANS WHICH HAVE NOT RECEIVED FINAL APPROVAL. UNIT COSTS, IN SOME CASES, HAVE BEEN PROVIDED BY OTHERS. THE ENGINEER MAKES NO REPRESENTATION CONCERNING THE ESTIMATED QUANTITIES. COST FIGURES ARE ESTIMATES ONLY AND THE ENGINEER SHALL NOT BE RESPONSIBLE FOR FLUCTUATIONS IN COST FACTORS OR CHANGES DUE TO FINAL DESIGN. THESE ESTIMATES ARE FOR PRELIMINARY INFORMATION ONLY. C·\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement $ $ $ $ $ $ $ 9/10/2019 J.N.: 141018 Page 12 of 12 B&T#2 Reimbursable Costs 131,213 56,084 82 737 270,034 617,652 . . - 617,652 Dec. 10, 2019 Item #3 Page 35 of 37 LENNAR HOMES OF CALIFORNIA, INC. CERTIFICATE OF INCUMBENCY SEPTEMBER 13, 2019 The undersigned, Mark Sustana, as the duly elected, qualified and acting Secretary of Lennar Homes of California, Inc., a California corporation (the "Corporation"). hereby certifies that: Jeremy Parness is a duly elected, qualified and acting Vice President of the Corporation, serving continuously in such capacity since his election on June 25, 2015. He is incumbent in such office as of the date hereof and is authorized to execute and deliver any and all legally binding documents on behalf of the Corporation. Brian Bencz is a duly elected, qualified and acting Vice President of the Corporation, serving continuously in such capacity since his election on September 10, 2019. He is incumbent in such office as of the date hereof and is authorized to execute and deliver any and all legally binding documents on behalf of the Corporation. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Incumbency on behalf of the Company effective as of the date first written above. STA TE OF FLORIDA COUNTY OF MIAMI-DADE ---~~= ana Sworn to and subscribed before me this 13th day of September 2019, by Mark Sustana, Secretary of Lennar Homes of California, Inc., a California corporation, on behalf of the Corporation. He is personally known to me and did not take an oath. N~LI~ State of Florida Dec. 10, 2019 Item #3 Page 36 of 37 LOCATION MAP I-C/) UJ t:: UJ .J .J fr OCEANSIDE POINSETTIA LANE REACH "E" Author: Andy Chang Document Path: Z:\Hossein_Ajideh\l ocation_Map\LocationMap_Poinsettialn_ReachE.mxd EXHIBIT2 MARCOS EXHI BIT 2 Dec. 10, 2019 Item #3 Page 37 of 37