HomeMy WebLinkAbout2012-02-14; City Council; 20802; REIMBURSEMENT AGREEMENT SHEA HOMES INC20.802 AB#
MTG. 2/14/12
DEPT. TRAN
CITY OF CARLSBAD - AGENDA BILL
APPROVAL OF REIMBURSEMENT AGREEMENT WITH
SHEA HOMES, INC., FOR A PORTION OF POINSETTIA
LANE REACH E AND APPROPRIATION OF FUNDS TO
POINSETTIA LANE REACH E, PROJECT NO. 3922
DEPT. DIRECTOR^:)
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Adopt Resolution No. 2012-029 approving a Reimbursement Agreement with Shea Homes, Inc.
for the construction of a portion of Poinsettia Lane Reach E and appropriation of funds to Poinsettia Lane
Reach E, Project No. 3922.
ITEM EXPLANATION:
The conditions of approval for Carlsbad Tract CT 04-10(A) require the developer to construct the portion of
Poinsettia Lane which crosses their development from the intersection of Poinsettia Lane and Cassia Road
to the eastern edge of their development. The length of this portion of Poinsettia Lane is approximately
325 feet.
The development project lies within the boundaries of Bridge & Thoroughfare District No. 2 and therefore
the developer is entitled to reimbursement from the District for constructing certain roadway improvements.
In general terms the improvements that are eligible for reimbursement are the grading associated with the
roadway and the construction of the center median, one 18 foot wide paved lane in each direction and the
drainage improvements associated with the roadway.
In addition to constructing Poinsettia Lane across their property the Developer is grading across property
to the east and along the future extension of Poinsettia Lane to generate fill material (dirt) for use on their
project site. The timing of reimbursements are tied to the availability of the roadway for use and therefore
the reimbursement of the offsite grading will be deferred until such time as the roadway is actually
constructed and available for use.
ENVIRONMENTAL IMPACT:
In 2010, the City Council approved CT 04-10(A), an amendment to a previous project approved in 2006.
The City Council determined the 2010 approval was within the scope of the previously adopted mitigated
negative declaration. The reimbursement agreement was anticipated in the conditions of CT 04-10(A).
Therefore, the recommended action does not require further environmental review.
FISCAL IMPACT:
The estimated cost of the reimbursable work to be constructed by the developer, Shea Homes, Inc., is
approximately $627,000. As shown on the following table, sufficient funds have not yet been appropriated
from the Bridge and Thoroughfare District No. 2 fund to the Poinsettia Lane Reach E capital project to fund
this reimbursement agreement.
DEPARTMENT CONTACT: Marshall Plantz, (760) 602-2766, marshall.plantz@carlsbadca.qov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2
BTD 2 - POINSETTIA LANE REACH E - CIP NO. 3922
TASK DESCRIPTION CURRENT
APPROPRIATION
CURRENT YEAR
EXPENDITURES/
ENCUMBRANCES
REMAINING
BALANCES
Construction, Inspection,
Materials Testing $340,000 $3,180 $336,820
Real Property Acquisition 10,000 4,500 $5,500
TOTAL $350,000 $7,680 $342,320
Approximately $8.2 million is currently available in the Bridge and Thoroughfare District No. 2 Fund. This
money has been collected from developers within Bridge and Thoroughfare District No. 2 to fund the
construction of roadway improvements along various portions of Poinsettia Lane and Aviara Parkway. At
this time, only Poinsettia Lane - Reach E remains to be constructed in Bridge and Thoroughfare District
No. 2. The current available cash, along with future fee collections, will be used towards the construction of
Poinsettia Lane - Reach E.
Therefore, sufficient funds are available for the additional appropriation needed to fund the reimbursement
agreement for constructing a portion of Poinsettia Lane - Reach E. As such, staff requests Council move
fonward a portion of the project's future programming and appropriate an additional $300,000. This action
will not increase what has been programmed to date, only change the timing of the programming based on
the actual pattern of development. Together with the existing appropriation this will fund the estimated
costs of the reimbursable work in the reimbursement agreement with Shea Homes, Inc. and the staff time
associated with auditing the progress payment requests.
EXHIBITS:
1. Location Map.
2. Resolution No. 2012-029 approving a Reimbursement Agreement with Shea Homes,
Inc. for the construction of a portion of Poinsettia Lane Reach E and appropriation of funds to
Poinsettia Lane Reach E, Project No. 3922.
Reimbursement Agreement.
LOCATION MAP
PROJECT NAME POINSETTIA LANE REACH E
(PROJECT NO. 3922)
EXHIBIT
1
PLOTTED BY: SCOTT £WNS PLOT DATE:1/9/12 PATH:a\TR/^SPORTATION DEPARTyENT\PIMIHING It PROGRAUS\PLANU\CT04-10_FEA(>I E ltEIUBURSEUENT.DWG
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2012-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT WITH SHEA HOMES, INC. FOR THE
CONSTRUCTION OF A PORTION OF POINSETTIA LANE REACH
E AND APPROPRIATION OF FUNDS TO POINSETTIA LANE
REACH E. PROJECT NO. 3922.
WHEREAS, the Shea Homes, Inc., as a condition of Carlsbad Tract CT 04-10(A) is
conditioned to construct a portion of Poinsettia Lane Reach E, Project No. 3922; and
WHEREAS, the Engineer's Fee Study Report prepared in conjunction with the formation of
Bridge and Thoroughfare District No. 2 (Aviara Parkway/Poinsettia Lane) states that the City Council
may use the funds collected by the district to reimburse developers for the construction of work
included within the district upon which the district fees were based; and
WHEREAS, the full width grading and two 18 foot wide paved lanes separated by a raised
median along Poinsettia Lane Reach E are reimbursable items of work included in the cost estimate
upon which the district fees were based; and
WHEREAS, the estimated value of the reimbursable work associated with the
reimbursement agreement is $627,000 and the remaining balance of funds that have been
appropriated to Poinsettia Lane Reach E, Project No. 3922 is not sufficient to fund the reimbursable
work; and
WHEREAS, sufficient funds exist in the Bridge and Thoroughfare District No. 2 account to
make an additional appropriation to the Poinsettia Lane Reach E project to fully fund the
reimbursement request and the staff time to audit the progress payment requests.
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 Shea Homes, Inc., for the construction of a
portion of Poinsettia Lane Reach E is approved and the Mayor is hereby authorized and directed to
execute said agreement.
3. That the Finance Director is authorized and directed to move forward a portion of the
Poinsettia Lane Reach E project's programming and appropriate $300,000 from the Bridge and
Thoroughfare District No. 2 Fund to Poinsettia Lane Reach E, Project No. 3922.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 14*^ day of February 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
None.
ABSENT: None.
MATt HALL, Mayor
ATTEST:
-<ORrtAINE M. WOOD, City Clerk
(SEAL)
> ZJy t - '•, "3
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]
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR REIMBURSEMENT OF COSTS FOR
THE CONSTRUCTION OF POINSETTIA LANE
CARLSBAD TRACT CT 04-10(A) (POINSETTIA PLACE)
Between
CITY OF CARLSBAD
AND
SHEA HOMES, INC.
AGREEMENT FOR REIMBURSEMENT OF COSTS FOR
THE CONSTRUCTION OF POINSETTIA LANE ASSOCIATED WITH
CARLSBAD TRACT CT 04-10 (POINSETTIA PLACE)
This Agreement for Reimbursement of Costs for the Construction of Poinsettia Lane
associated with Carlsbad Tract CT 04-10(A) (Poinsettia Place), dated as of
^^jil^Aj.u.cxu..^ 1^ 2012 ("Agreement") is made at San Diego County, California,
by and between the City of Carlsbad, a municipal corporation of the State of California ("City")
and Shea Homes, Inc. a Delaware Corporation ("Developer"), with reference to the following
recitals:
RECITALS
A. Developer is in the process of developing certain real property commonly known
as Poinsettia Place, ("Project") located in the City of Carlsbad, California, more particularly
described as Carlsbad Tract No. 04-10(A).
B. The City of Carlsbad Planning Commission, by Planning Commission Resolution
No. 6650 recommended approval of a Tentative Tract Map CT 04-10(A). The City Council has
adopted the Planning Commission's recommendation pursuant to City Council Resolution No.
2010-27 which was adopted on February 16, 2010.
C. The City of Carlsbad Planning Commission by Planning Commission Resolution
No. 6653 recommended approval of Coastal Development Permit CDP 04-23(A). The City
Council has adopted the Planning Commission's recommendation pursuant to City Council
Resolution 2010-27 which was adopted on February 16, 2010.
D. The City of Carlsbad Planning Director approved Minor Coastal Development
Permit CDP 10-14 on July 28, 2011 supplementing Coastal Development Permit CDP 04-23(A).
E. The Project is located within the boundaries of Bridge and Thoroughfare Distnct
No. 2 and Developer is required to pay fees in conjunction with Bridge and Thoroughfare
District No. 2 to finance construction of Poinsettia Lane as more particularly described therein
and as required by the Project approvals.
F. Poinsettia Lane is a project for which 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. For purposes of this Agreement the funds resulting from Bridge
and Thoroughfare District No. 2, are referred to herein as "Financing Program Funds."
G. Developer has requested that in addition to reimbursing the costs of Poinsettia
Lane within the Project boundaries, referred to herein as the "Onsite Reimbursable Work" and
described more particularly below that the City reimburse the Developer for the construction of
offsite Poinsettia Lane grading improvements, referred to herein as "Offsite Reimbursable
Work" and described more particularly below using available Financing Program Funds.
H. District and Developer acknowledge that Government Code Section 66485
allows the City to require a sub-divider to construct improvements benefiting property outside
the subdivision; and Government Code Section 66486 requires the City to enter into a
-2 -
reimbursement agreement for such improvements. The parties intend that this agreement
satisfies the requirements of Government Code Section 66486.
MOW, THEREFORE, the City and Developer agree as follows:
1. Recitals. The Recitals, above, are true and correct and incorporated herein by
this reference.
2. Reimbursable Work.
(a) Reimbursable 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 (with the exception of drainage facilities that are
included in the City's Drainage Fee Program), culverts, temporary
drainage in the parkway and all incidental design, contract administration,
fee administration, construction inspection, construction engineenng,
mitigation measures and land acquisition including the following as
eligible under Bridge and Thoroughfare District No. 2:
i. Usual and customary 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 reimbursable Improvement as
well as environmental review, permitting, and habitat mitigation
related to the reimbursable improvements.
ii. An amount equal to 4.0% of the direct cost of construction of the
reimbursable improvements excluding all incidental costs,
including but not limited to, the incidental costs set forth in
paragraph (a) for the Developers overhead, construction
management and supervision including all on-site supervision.
iii. An amount equal to 1.5% of the direct cost of construction of the
reimbursable improvements, excluding all incidental costs,
including but not limited to, the incidental costs set forth in
subparagraph (a) for the costs of premiums paid for the
improvement and performance bonds relating to construction of
the improvements.
iv. An amount equal to 1.8% of the direct cost of the construction of
the reimbursable improvements, excluding all incidental costs,
including but not limited to, the incidental costs set forth in
subparagraphs (a) for the allocable portion of the premiums paid
by the Developer for blanket liability insurance coverage.
V. Dedication of the right-of-way for the Onsite Poinsettia Lane
improvements by the Developer shall be considered a
reimbursable cost. The value of the right-of-way so dedicated
shall be approved by the City after completion of an MAI
appraiser's report on the dedicated property in accordance with
the requirements of the B&TD #2 fee program.
(b) All work giving rise to reimbursable costs is referred to as either "Onsite
Reimbursable Work" or "Offsite Reimbursable Work" as described below.
Onsite Reimbursable Work.
(a) All work giving rise to costs related to the Reimbursable Work on the
Project site and to join with Poinsettia Lane to the west is referred to as
"Onsite Reimbursable Work".
(b) Exhibit A sets forth the cost estimate for the direct costs of construction
of the Onsite Reimbursable Work. Parties acknowledge that Exhibit A 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.
(c) All change orders associated with the construction of the Onsite
Reimbursable Work shall be subject to review and approval by the City.
At the time of approval, the parties shall determine the portion of the
change order that is allocated to Onsite Reimbursable Work.
4. Offsite Reimbursable Work.
(a) All work giving rise to costs related to Reimbursable Work not on project
site and on the property to the southeast of the project site and in
accordance with Coastal Development Permit is referred to as "Offsite
Reimbursable Work".
(b) Exhibit B sets forth the cost estimate for the direct costs of construction
of the Offsite Reimbursable Work. Parties acknowledge that Exhibit B 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.
(c) All change orders associated with the Offsite Reimbursable Work shall be
subject to review and approval by the City. At the time of approval, the
parties shall also determine the portion of the change order that is
allocated to Offsite Reimbursable Work.
5. General Developer Obligations.
(a) Developer shall cause the construction of the Onsite Reimbursable
Work, which work shall be as shown on City Drawing No. 469-5B, dated
November 11, 2011, prepared by Pangaea Land Consultants Inc. (the
"Onsite Plans").
(b) Developer shall cause the construction of the Offsite Reimbursable
Work, which work shall be as shown on City Drawing No. 469-5B, dated
November 11, 2011, prepared by Pangaea Land Consultants, Inc. (the
"Offsite Plans").
(c) It shall be the responsibility of the Developer to observe and follow the
requirements of the City for retention of records and the submittal of
information as specified in Bridge and Thoroughfare District No. 2 and
this Agreement.
(d) By entering into this Agreement, Developer waives any and all potential
constitutional objections (Nolan/Dolan) relating to the Reimbursable
Work.
6. General Citv Obligations.
(a) The City agrees to reimburse Developer for the costs of Onsite
Reimbursable Work and Offsite Reimbursable Work subject to the terms
of this agreement.
7. Bidding; Reimbursement Reguest Requirements
(a) With respect to all hard costs of construction of the Onsite and Offsite
Reimbursable Work, Developer shall solicit bids from three reputable
contractors with the Reimbursable Work bid separately from any non-
reimbursable work being bid.
(b) Developer shall open all bids in the presence of interested parties and
shall rank all bids from the lowest to the highest bid amount, based upon
cost for the reimbursable improvement items of work.
(c) Developer shall award the contract to the lowest responsive, responsible
bidder and/or reimbursement shall be based on the unit prices of the
lowest responsive and responsible bidder.
(d) Developer shall retain detailed payment records for all items of Onsite
and Offsite Reimbursable Work, for use by City in auditing subsequent
reimbursement requests by Developer. Developer's requests for
reimbursement (each a "Reimbursement Request") shall include copies
of plans, specifications, contracts, change orders, invoices, payment
slips, cancelled checks (front and back), lien releases and other
documentation reasonably required by City to evidence the completion
and payment for each item of Reimbursable Work.
8. Incremental Reimbursement of Costs
(a) The reimbursement of costs shall be payable in not to exceed 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 for the Improvement
9. Eligibility of Reimbursement of the Base Increment or Retained Increment
(a) Once the construction of the Improvement is substantially complete then
such Improvement shall be eligible for the Reimbursement of the Base
Increment. For the purposes of this Agreement, an Improvement shall
be deemed 'substantially complete" when construction or work with
respect to the Improvement has progressed to the point where it is
sufficiently complete in the sole judgment of the Transportation Director
or his or her designee so that the Improvement is opened to the public
for traffic or othenwise could be opened to the public for traffic but for the
fact the such opening has been withheld or delayed solely the City. The
Improvement may be deemed by the Transportation Director to be
"substantially complete" pursuant to the preceding sentence even
though such Improvement is subject to completion of a punch list of
items before such Improvement would be eligible for acceptance by the
City.
(b) An Improvement shall be eligible for Reimbursement of the Retained
Increment for the Improvement once the following has occurred.
i. The improvement is "substantially complete"; and
ii. The Acceptance of the Improvement by the City pursuant to
the applicable Subdivision Improvement Agreement and the
City's Municipal Code; and
iii. The Notice of Completion for such Improvement has been
recorded and a period of at least 35 calendar days has
elapsed since the date of such recordation.
10. Audit of Reimbursable Costs.
(a) All Developer's Reimbursement Requests will be processed and audited
for City by a reputable consulting engineer selected by District ("Auditing
Engineer"). The costs of the Auditing Engineer shall be paid directly by
City from the B&TD #2 Funds.
(b) The Auditing Engineer shall review all Reimbursement Requests and the
payment records submitted in connection therewith and shall within sixty
(60) days thereafter issue to City and Developer a report either
accepting Developer's submittal or specifying with particularity any
reimbursement items or amounts not approved. Any reimbursement
items or amounts not approved by the Auditing Engineer may be further
pursued by Developer using the dispute resolution provision of Section
12 below.
(c) With each Reimbursement Request, following 60-day review by Auditing
Engineer, the Auditing Engineer shall fonward each invoice submitted to
City by Developer, to the City's Transportation Director ("Director"). The
Director shall confirm and approve the Reimbursement Amount based
upon the components of Costs set forth in this Agreement. If the Director
objects to any items comprising the Reimbursement Amount, the
Director shall notify Developer within thirty (30) days of receipt of all
invoices forwarded by Developer.
11. Payment of Reimbursable Work Costs.
(a) Payment of Reimbursable Work Costs shall be made, within thirty (30)
days after the Directors approval of such Reimbursement Request.
(b) The Parties agree that the sole source of reimbursement shall be the
Financing Program Funds 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. City represents and warrants it has sufficient Financing
Program Funds presently available to make timely reimbursements as
provided herein. The City shall not unreasonably withhold acceptance
of the Improvements.
12. Disputes/Claims. If a dispute should arise regarding the performance or
interpretation of this Agreement, the following procedure shall be used to resolve any question
of fact or interpretation not informally resolved by the parties. Such questions, if they become
identified as a part of a dispute among persons operating under the provisions of this
Agreement shall be reduced to writing by the principal of Developer or the City Transportation
Director. A copy of such documented dispute shall be fonwarded to both parties involved along
with recommended methods of resolution which would be of benefit to both parties. The City
Transportation Director, or principal, upon receipt, shall reply to the letter, including a
recommended method of resolution within fifteen (15) working days. If the recommended
resolution is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be
fonwarded to the City Council for their resolution through the office of the City Manager. The
City Council may, but is not obligated to resolve the dispute. If the 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.
12. Assignment of Contract. The Developer shall not assign this contract or any part
thereof or any monies due thereunder without the prior written consent of the City, which
consent shall not be unreasonably withheld, delayed or conditioned.
13. Notices. Unless othenA/ise 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:
Shea Homes Inc.
Attention: Sarah Beckman
9990 Mesa Rim Road
San Diego, CA 92121
Telephone: (858) 526-6554
Fax: (858) 320-0437
-7
Motices to City shall be delivered to the following:
CITY OF CARLSBAD
c/o City of Carlsbad
Attention: Transportation Director
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2730
FAX: (760)602-8562
Each party shall notify the other immediateiy of any changes of address that
would require any notice delivered hereunder to be directed to another address.
14. 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
\A/hich counterparts taken together shall constitute one and the same instrument.
15. 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.
16. 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.
17. No Third Party Beneficiaries. This Agreement shall not be deemed to confer any
rights upon any individual or entity which is not a party hereto, and the parties hereto expressly
disclaim any such third-party benefit.
18. Severability. The invalidity or unenforceability of any provision of this
A.greement, as determined by a court of competent jurisdiction, shall in no way affect the validity
o r enforceability of any other provision hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first above written.
Shea Homes Inc., a Delaware Corporation CITY OF CARLSBAD, a munidpal
corporation of the State of California
(print name and fitle of signatory)
ORRAINJE M. WOOD, City Clerk
(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. Othenwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD_R. BALL, City Attorney
BY:
eputy City Attbrfi<
-9
C/VLIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
[
CIVIL CODE § 1189
State of California
County of 1
On before me, rlM lln V\ph\Ji)n\, wm PV\b\iO
Date ) ' Hg|i Insert'Name an^Jitle of the Officer
personally appeared
1 I
Name(s) of Signer(s)
I
RANA KHOURY
Commission # 1916985 C
Notary Public - California 1
y San Oiego County g
My Comm. Expires Oac 13.20141
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)jklaxe
subscribed to the within instrument and acknowledged
to me that -he/she/they executed the same in
I lib/l ler/their authorized capacity (ies), and that by
hts/h«r/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 PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above
Signatur
OPTIONAL
Signature of Notary Ptrolic
Thougil ttie information beiow is not required by law, it may prove valuable to persons relying on
and could prevent fraudulent removal and reattachment of ttiis form to anottier document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:.
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
[ J Corporate Officer — Title(s):
' Individual
Partner — • Limited • General
1_ Attorney in Fact
J Trustee
r Guardian or Conservator
• Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name:
• Corporate Officer — Title(s):
• Individual
n Partner — n Limited U General
[j Attorney in Fact
n Trustee
• Guardian or Conservator
C Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
3 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827)
1 I
I I
item #5907
ACKNOWLEDGMENT
State of Califomia
County of San Diego )
On February 19, 2012 before me, Sheila Renae Cobian, Notary Public
(insert name and title of the officer)
personally appeared Matt Hall
who proved to me on the basis of satisfactory evidence to be the pgrson(sjr whose name(8)Cis/)ai=e-
subscribed to the within instrument and acknowledged to me thaKbg/she/they executed the same in
(^h5>hdf/theif^authorized capacity(ie9)Tand that byCHis/hor/thoir 9ignature(s)-on the instrument the
person^s), or the entity upon behalf of which the personfST acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing
paragraph is true and correct.
1 ^^SPESK SHEILA RENAE COBIAN t
Commission # 1848471 |
WITNESS my hand and Official seal. i^^^ Notary Public- California 1
m ^>&m^S/ County g
4 ^«™*^ My Comm. Expires May 10.20131
Signature v^^A) roc-O) C(^tii^ (Seal)
EXHIBIT "A ••
Direct Construction Cost Estim- ts 'or thc Onsite Reimbursable Work
Description Quantity Unit Unit Cost
DIRECT COSTS Cost
A Grading
1 Mobilization and Cleanng & Grubbing 1 AC $ 36,400,00 $ . 36,400
2 Remedial 'Alluvial Grading (Estimated Quantity 8,000 CY) 8,000 CY $ 6.00 $ 48,000
3 Unclassified Excavation (Estimated Quantity 4,845 CY) 4,845 CY $ 6.00 $ 29,070
4 Excavate and Import from adjacent segment of Poinsettia Lane 25,240 CY $ 7.00 $ 176,680
5 Finish Grading 1 LS $ 7,500.00 $ 7,500
6 Retaining Wall 227 SF $ 37.95 $ 8.616
7 Grading Construction Water 1 LS $ 5.000.00 $ 5.000
Grading Subtotal $ 311,266
B Erosion Control
8 Stabilized Entrance 1 LS $ 3,375.00 $ 3.376
9 Siltfence 2,460 LF $ 1.50 $ 3,690
10 Gravel Bags 200 EA $ 2.00 $ 400
11 Hydroseed 21,640 SF $ 0.33 $ 7,141
12 Fiber Rolls 800 LF $ 2.20 $ 1,760
13 Inlet silt protection 2 EA $ 100.00 $ 200
Erosion Control Subtotal $ 16,566
C Storm C )rain
14 18" RCP 243 LF $ 75.00 $ 18,225
15 24" RCP 63 LF $ 125,00 $ 7,875
16 Type B-2 Inlet 2 EA $ 5.000.00 $ 10,000
17 Type A-5 Cleanout 2 EA $ 6,550.00 $ 13,100
18 Concrete Headwall per D-34 2 EA $ 3,200.00 $ 6,400
19 Rip Rap 2 Ton per D-40 1 LS $ 2,500.00 $ 2,500
20 BrovK Ditch Type D per D-75 200 LF $ 18.00 $ 3,600
21 Adjust Cleanout Access Hole to Grade 2 EA $ 500.00 $ 1,000
Storm Drain Subtotal $ 62,700
D Street
22 Street Subgrade Preparation 12,609 SF $ 0.50 $ 6,305
23 Aggregate Base (8") 12,609 SF $ 2.25 $ 28,370
24 Asphalt Concrete (5") 12,609 SF $ 2.50 $ 31,523
25 Median Curb (8") 905 LF $ 20.00 $ 18,100
26 Pavement Cutoff Wall 1 LS $ 6,000.00 $ 6,000
Street Subtotal $ 90,297
TOTAL $ 480,828 1
Page 1 of 1 Pages
EXHIBIT "B"
Direct Construction Ct..jt Eetl^nate for the Offsite Reimbursable Worl<
Description Quantity Unit UnitCost
DIRECT COSTS Cost
A Grading
1 Mobilization and Clearing & Grubbing 2.4 AC $ 36,400.00 $ 87,360
2 Slope Gradmglfmsh 1 LS $ 7,500.00 $ 7,500
Grading Subtotal $ 94,860
B Erosion Control
3 Siltfence 1,300 LF $ 1.50 $ 1,950
4 Hydroseed 98,000 SF $ 0,33 $ 32,340
5 Fiber Rolls 2,260 LF $ 2.20 $ 4,972
6 Desilt Basin 1 LS $ 12,000.00 $ 12,000
Erosion Control Subtotal $ 51,262
TOTAL $ 146,122
Page 1 of 1 Pages