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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