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HomeMy WebLinkAbout2009-08-18; Municipal Water District; 695; Reimbursement for Carlsbad Oaks Water PipelinesCARLSBAD MUNICIPAL WATER DISTRICT AGENDA BILL 18 AB# 695 MTG. 8/18/09 DEPT. ENG APPROVAL OF RATIFICATION AGREEMENT WITH TECHBILT CONSTRUCTION CORPORATION FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF OVERSIZED POTABLE WATER PIPELINE IMPROVEMENTS WITHIN CARLSBAD OAKS NORTH CARLSBAD TRACT CT 97-13. DEPT. HEAtf CITY ATTY. CITY MGR. i R"p"(fj^. \j*~~ RECOMMENDED ACTION: Adopt Resolution No. 1371 approving the Ratification of Reimbursement Agreement with Techbilt Construction Corporation, for reimbursement of costs to construct oversized potable water pipeline improvements, Project No. 3622, 3912, 5017, and 5028. ITEM EXPLANATION: The Carlsbad Oaks North, Tract CT 97-13, is located along Faraday Avenue and extends from Orion Street to the easterly boundary of Carlsbad. The condition of development for Carlsbad Oaks North, CT 97-13, requiring the developer to install a 12-inch diameter potable water pipeline in El Fuerte Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive meet the needs of the Commercial and Industrial areas to be built within the Project (the "Project Requirements"). In addition to completing the Project Requirements, the District requested the developer to oversize the 12-inch diameter potable water pipeline to a 16-inch diameter pipeline and construct appurtenances in El Fuerte Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive. The oversized pipelines were included in the Water Master Plan, and are included in Capital Improvement Program as Project No. 3622, 3912, 5017, and 5028. The developer agreed to incorporate the 16-inch potable water transmission pipeline and appurtenances in El Fuerte Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive within the scope of their project work provided that they receive reimbursement for the increase in cost necessitated by such incorporation. Staff agreed to process a reimbursement agreement for Board approval; however, the time for processing such agreement was outside the time frame desired by the developer. The developer agreed to assume the financial risk for the prosecution of the work without benefit of Board approval of the reimbursement request with the understanding that the developer would be allowed the opportunity to submit a request for reimbursement of costs to perform the additional work (in excess of the requirements of the Project) upon completion of the work. The developer of Carlsbad Oaks North, CT 97-13, Techbilt Construction Corporation has completed the construction of the 16-inch diameter potable water transmission pipeline and appurtenances in El Fuerte Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive. DEPARTMENT CONTACT: David Ahles, (760) 602-2748, david.ahles@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL/BOARD ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER -SEE MINUTES D Page 2 The 16-inch potable water transmission pipeline benefits CT 97-13 as well as existing and proposed developments outside CT 97-13. Ordinance No. 45, Article VI allows the District to require a subdivider to construct improvements benefiting property outside the subdivision and authorizes preparation of a reimbursement agreement for such improvements. ENVIRONMENTAL IMPACT: The reimbursement agreement is not a project subject to environmental review per State CEQA Guidelines Section 15378. The environmental impacts for the pipeline improvements installed in conjunction with the Carlsbad Oaks North development (CT 97-13) were previously evaluated pursuant to CEQA by an Environmental Impact Report, EIR 98-08, which was certified by City Council on October 8, 2002. FISCAL IMPACT: The amount to be reimbursed to Techbilt Construction Corporation under this reimbursement agreement is not-to-exceed seven hundred sixty-one thousand fifty-five dollars ($761,056) for the potable water transmission pipelines and appurtenances. The total cost for the potable water transmission pipeline work covered by the reimbursement agreement is shown in Table 1. Sufficient water connection fee funds are appropriated to pay the reimbursement amount for the potable water transmission pipelines. The District originally appropriated funding to construct the water transmission pipelines independently as potential developments were still in the planning phase. Remaining appropriations will be returned back to the Water Connection Fund balance. TABLE 1 Carlsbad Oaks North CT97-13 for Oversizing of the 12-inch to 16-inch Diameter Potable Water Transmission Pipelines: Reimbursement Location Whiptail Loop Phase l&ll (Project No. 5028) Faraday Avenue (Project No. 3622) El Fuerte Street (Project No. 3912) South Melrose Drive (Project No. 5017 Totals Oversizing Reimbursement Cost $401,619 $234,218 $64,099 $61,120 $761,056 Current Appropriations $776,000 $875,471 $250,000 $1,475,000 $3,376,471 Appropriation Required None None None None None Funding Source: Water Connection Fund Water Connection Fund Water Connection Fund Water Connection Fund PageS EXHIBITS: 1. Location Map 2. Resolution No. 1371 approving the Ratification of Reimbursement Agreement with Techbilt Construction Corporation, for reimbursement of costs to construct oversized potable water pipeline improvements, Project No. 3622, 3912, 5017, and 5028. 3. Copy of Ratification of Ratification of Agreement with Techbilt Construction Corporation, for reimbursement of costs for the construction of oversized potable water pipelines improvements within Carlsbad Oaks North, Carlsbad Tract CT 97-13. LOCATION MAP PROJECT PROJECT NOT TO SCALE PROJECT NAME REIMBURSEMENT AGREEMENT WITH TECHBILT FOR OVERSIZING POTABLE WATER PIPELINES PROJECTNUMBER 3622, 3912 5017,5028 EXHIBIT 1 DRAW BY: SCOTT EVANS. CARLSBAD ENGNIEERING OEPT. 7/2/09 C \CAPITAL\AHLES\3622-3912-5017-5028.0WG 1 RESOLUTION NO. 1371 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD 3 MUNICIPAL WATER DISTRICT (CMWD) APPROVING THE RATIFICATION OF AGREEMENT WITH TECHBILT 4 CONSTRUCTION CORPORATION FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF OVERSIZED POTABLE 5 WATER PIPELINE IMPROVEMENTS WITHIN CARLSBAD OAKS NORTH CARLSBAD TRACT CT 97-13, PROJECT NO. 3622, 3912, 6 5017. AND 5028. 7 WHEREAS, the developer of Carlsbad Tract 97-13 ("Project") was conditioned to g construct Tract CT 97-13, and requires the developer to install a 12-inch diameter potable water 9 pipeline in El Fuerte Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive to meet 10 the needs of the Commercial and Industrial areas to be built within the Project (the "Project 11 Requirements"); and 12 WHEREAS, the District requested the developer to oversize the potable water pipeline, 13 from 12-inch diameter to a 16-inch diameter potable water pipeline and appurtenances in El 14 Fuerte Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive; and 15 WHEREAS, the Planning Commission of the City of Carlsbad adopted a series of 16 resolutions on August 21, 2002 approving the Project, Carlsbad Tract Number CT 97-13 with 17 the oversizing of the potable water pipelines; and 18 WHEREAS, sufficient water connection fee funds are appropriated for the potable water 19 pipelines and are available to pay this reimbursement; and 20 WHEREAS, Ordinance No. 45, Article VI authorized reimbursement agreements 21 for oversizing pipelines to provide service to areas outside of the development. 22 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal 23 Water District (CMWD) of the City of Carlsbad, California, as follows: 24 1. That the above recitations are true and correct. 25 2. That the President is authorized to execute the Ratification of Reimbursement 26 Agreement with Techbilt Construction Corporation, for reimbursement of costs to construct 27 oversized potable water pipeline improvements, Project No. 3622, 3912, 5017, and 5028. 28 5 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 Special Meeting of the Carlsbad Municipal Water District of the City of Carlsbad on the 18th day of August 2009, by the following vote, to wit: AYES: NOES: ABSENT: Board Members Lewis, Kulchin, Hall, Packard, Blackburn None None CLAUDE A. LEWIS, PRESIDENT ATTEST: LOR'RAlfoE MWQOD, SgjRETARY Karen R. Kundtz, AssistanfSecretary (SEAL) J-K>:o RATIFICATION OF AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONTSTRUCTION OF OVERSIZED POTABLE WATER PIPELINE IMPROVEMENTS WITHIN CARLSBAD OAKS NORTH CARLSBAD TRACT CT 97-13 BETWEEN CARLSBAD MUNICIPAL WATER DISTRICT, A Public Agency organized under the Municipal Water District Act of 1911, and a Subsidiary District of the City of Carlsbad AND TECHBILT CONTSTRUCTION CORP. 7 RATIFICATION OF AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONTSTRUCTION OF OVERSIZED POTABLE WATER PIPELINE IMPROVEMENTS WITHIN CARLSBAD OAKS NORTH CARLSBAD TRACT CT 97-13 Ratification of Agreement for Reimbursement of Costs for the Construction of Oversized Potable Water Pipeline Improvements within Carlsbad Oaks North Carlsbad Tract CT 97-13, dated as of a^c^^^~ // , 2009 ("Agreement") is made at San Diego County, California, by and between the<CARLBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water District Act of 1911, a Subsidiary District of the City of Carlsbad ("District") and TECHBILT CONSTRUCTION CORP., ("Developer") a California Corporation, with reference to the following recitals: RECITALS A. Developer is developing certain real property commonly known as Carlsbad Oaks North Carlsbad Tract CT 97-13 ("Project") located in the City of Carlsbad, California (the "City"), more particularly described as Carlsbad Oaks North Phase 1 Carlsbad Tract No. 97-13- 01, filed in the Office of the County Recorder of San Diego County on December 15, 2004 as File No. 2004-1180065 and Carlsbad Oaks North Phase 2, Carlsbad Tract No. 97-13-02, filed in the Office of the County Recorder of San Diego County on January 23, 2007, as File No. 2007- 0047588. B. The Planning Commission of the City adopted a series of resolutions on August 21, 2002 approving the Project, Carlsbad Tract Number (CT-97-13). Planning Commission actions were adopted and approved by the City Council on November 2, 2004 (City Council Resolution No. 2004-351). C. The Project approvals require Developer to install a 12-inch diameter potable water pipeline in El Fuerte Street, Faraday Avenue, Whiptail Loop and South Melrose Drive to meet the needs of the Commercial and Industrial areas to be built within the Project (the "Project Requirements"), D. In addition to completing the Project Requirements, the District has requested the Developer to oversize the potable water pipelines by installing a 16-inch diameter potable water transmission pipeline and appurtenances in El Fuerte Street, Faraday Avenue, Whiptail Loop and South Melrose Drive, collectively referred to as the "Potable Water Work" and described more particularly in Section 3 (a) below. E. The District and Developer recognize that the Potable Water Work exceeds the infrastructure otherwise required of Developer in connection with its build-out of the Project. Developer agrees to install or cause the installation of the Potable Water Work, and the District agrees to reimburse Developer as set forth in this Agreement. F. District and Developer acknowledge that the Government Code Section 66485 allows the District to require a sub-divider to construct improvements benefiting property outside the subdivision; and Government Code Section 66486 requires the District to enter into a reimbursement agreement for such improvements. The parties intend that this Agreement satisfies the requirements of Government Code Section 66486. NOW, THEREFORE, the District and Developer agree as follows: 1. Recitals. The Recitals, above, are true and correct and incorporated herein by this reference. 2. Satisfaction of Obligation. Developer's agreement to perform the Potable Water Work, as set forth herein, and the actual construction thereof, shall fully satisfy and constitute compliance with all requirements regarding the Project solely with respect to the Potable Water Work as described above in Paragraph B. 3. General Developer Obligations. (a) In Consideration of the District's reimbursement and other undertakings as set forth herein, Developer agrees to cause the construction of the Potable Water Work, which work shall include the following improvements, as shown on Carlsbad Oaks North Improvement Drawings as prepared by O'Day Consultants: Phase 1 City Drawing No. 415-9, Sheets 1-16, dated 10/26/04; Faraday Avenue City Drawing No 415-9C, Sheets 1-37, dated 10/27/04; El Fuerte Street City Drawing No. 415-9E, Sheets 1-14 dated 10/27/04; So. Aqua Hedionda Sewer and Melrose Water Loop City Drawing No. 415-9F, Sheets 1-24 dated 10/27/04 and Phase 2 City Drawing No. 415-9J, Sheets 1- 24 dated 11/29/06 (together, the "Plans") and as shown in the attached Exhibit "A", which are incorporated herein by this reference. (i) Potable water pipeline oversizing from a 12-inch diameter pipe to a 16- inch diameter pipe approximate lineal footage is as follows: Phase 1, Whiptail Loop 16" steel, 10 gauge, 1935 Lineal Feet Faraday Avenue 16" steel (CMLC), 8375 Lineal Feet El Fuerte Street 16" steel (CMLC), 2780 Lineal Feet South Melrose Drive 16" steel (CMLC), 2415 Lineal Feet Phase 2, Whiptail Loop 16" steel (CMLC), 3763 Lineal Feet The Potable Water Work shall include all necessary valves and appurtenances, including those necessary to connect the Potable Water Work to the District Pipelines. (b) Any portion of the Potable Water Work completed before the effective date of this Agreement shall be included as a part of the Potable Water Work for reimbursement, subject to the other provisions of this Agreement. (c) Developer shall cause the construction of the Potable Water Work substantially in compliance with the District-approved plans and specifications, and other design documentation for the Potable Water Work. (d) Developer shall cause construction of all Non-Reimbursable Work at Developers cost. (e) By entering into this Agreement, Developer waives any and all potential constitutional objections (Nolan/Dolan) relating to the Potable Water Work improvements. (f) It shall be the responsibility of the Developer to observe and follow the requirements of District for retention of records and the submittal of information in connection with Potable Water Work Improvements, as specified in this Agreement. 4. General District Obligations. (a) The District shall reimburse Developer an amount (the "Reimbursement Amount") equal to: (i) the actual authorized reimbursement Total Cost for construction of oversizing, plus (ii) an allowance for overhead as described in Section 6 (f) below. The actual Total Reimbursement Cost shall include all costs associated with the installation of the Potable Water Work noted in the attached Exhibit "B" which are incorporated herein by reference and approved change orders either lump sum or time and material as described in Section 6 (h). The Total Reimbursable Cost for oversizing is $761,055.22 calculated as follows. Carlsbad Oaks North Cost Break Down for Oversizing of the 12-inch to 16- inch Diameter Potable Water Pipeline Reimbursements is as follows: REIMBURSEMENT LOCATION Phase 1 , Whiptail Loop Faraday Avenue El Fuerte Street South Melrose Drive Phase 2, Whiptail Loop Reimbursement Totals OVERSIZING REIMBURSEMENT COST $83,495.25 $223,065.00 $61,046.00 $58,209.25 $298,999.00 $724,814.50 5% OVERHEAD ALLOWANCE $4,174.76 $11,153.25 $3,052.30 $2,910.46 $14,949.95 $36,240.72 TOTAL REIMBURSABLE COST $87,670.01 $234,218.25 $64,098.30 $61,119.71 $313,948.95 $761,055.22 (b) District agrees to reimburse Developer for Reimbursable Potable Water Work as described in Sections 6 and 7 below. Reimbursable Potable Water Work. (a) With respect to all hard costs of construction comprising the Potable Water Work Improvements, Developer shall solicit bids from three reputable contractors. Reimbursable Potable Water Work may be bid together with Non-Reimbursable work for that portion of the Potable Water Work Improvements, which are being bid by such contractor. Upon award of a contract for the Potable Water Work, the costs thereof shall be allocated among the categories consistent with the method and process used in Exhibit "B". The parties agree that the spreadsheet attached hereto as Exhibit "B" is a fair allocation of the costs under such contract as among the categories of Reimbursable Potable Water Work. (b) During the performance of any Reimbursable Potable Water Work, Developer shall retain detailed payment records for all items of Reimbursable Potable Water Work, for use by District in auditing subsequent reimbursement requests by Developer. Developer's requests for reimbursement (each a "Reimbursement Request") shall include copies of plans, specifications, engineer's cost estimates, bids received, contracts, change orders, invoices, payment slips, cancelled checks (front and back), lien releases and other documentation reasonably required by District to evidence the completion and payment for each item of Reimbursable Potable Water Work. Reimbursement Requests may be submitted by Developer as described in Section 6 (a) below. 6. Audit of Reimbursable Expenses. (a) Expenses for Reimbursable Potable Water Work (including without limitation overhead and the allowance permitted under clause (f) below) are referred to herein collectively as "Reimbursable Expenses". Developer shall be entitled to submit requests for Reimbursable Expenses separately for each construction agreement. (b) All Developer's Reimbursement Requests may be processed and audited for District by a reputable consulting engineer selected by District ("Auditing Engineer"). The costs of the Auditing engineer shall be paid directly by District from Project Funds. (c) The Auditing Engineer may review all Reimbursement Requests and the payment records submitted in connection therewith and shall within thirty (30) days thereafter issue to District and Developer a report either accepting Developer's submittal or specifying with particularity any reimbursement items or amounts not approved. Any reimbursement items or amounts not approved by the Auditing Engineer may be further pursued by Developer using the dispute resolution provision of Section 8 below. (d) With each Reimbursement Request, following 30-day review by Auditing Engineer, the Auditing Engineer shall forward one copy of each invoice submitted to District by Developer, to the City's Public Works Director ("Director"), together with an invoice for all other components of the Actual Cost not otherwise reflected on the Contractor's invoice. The Director shall confirm and approve the Reimbursement Amount based upon the components of Actual Costs and Overhead Costs set forth in Section 5 of this Agreement. If the Director objects to any items comprising the Reimbursement Amount, the Director shall notify Developer within thirty (30) days of receipt of all invoices forwarded by Developer. Failure to so notify Developer shall be deemed the Director's approval of such invoices. If the Auditing Engineer objects to an invoice he shall authorize payment on all approved items of work except for the disputed work or cost item. (e) District's reimbursement obligations hereunder shall be based upon the actual costs incurred by Developer in performing Reimbursable Work (including overhead and allowances specified in (f) below). (f) Notwithstanding anything herein to the contrary, and without limitation and in addition to the Reimbursable Work, District specifically agrees that each of the following shall be deemed Reimbursable Expenses: (a) An allowance to cover the allocable portion of premiums paid by Developer for improvement and/or payment and performance bonds relating to the construction of Potable Water Work. (b) An allowance to cover the allocable portion of premiums paid by Developer for blanket liability insurance coverage. (g) Before Developer submits all invoices to Director, Developer shall obtain necessary or appropriate lien releases from all contractors, and shall obtain form the District, and all appropriate governmental agencies, all approvals, certificates, and other documents necessary to indicate the completion of the Reimbursable Work, and the ability to put the Public Improvements into use. The date Developer receives all such final lien releases, approvals, and certificates shall be deemed the date of completion of the Potable Water Work Improvements (the "Completion Date"). In lieu of providing all final lien releases prior to reimbursement, Developer shall have the right to guarantee contractor's payment pending receipt of final releases through the act of providing a bond security as guaranty of payment. Bond release would then require delivery of missing releases. (h) All change orders shall be subject to approval by the District. At the time of approval, the parties shall determine the portion of each change order, which is allocated to Reimbursable Work. In making such decisions, the parties shall be guided by the principle that a change order may be necessary due to changed circumstances or oversight in original design, or it is required in order to perform the applicable portion of the Potable Water Work Improvements in an orderly, reasonable and prudent manner according to the standard engineering and construction practice applicable to the improvements. (i) An amount fixed at five percent (5%) of the eligible costs for Reimbursable Work, exclusive of this clause (f), to compensate for overhead expenses incurred by Developer including for salary and benefits, for staff of Developer's home office, purchasing department expenses, project supervision, general corporate legal and accounting fees and other normal overhead expenses incurred by Developer. 7. Payment of Reimbursable Expenses. (a) Payment of reimbursable Expenses shall be made, within thirty (30) days after the Auditing Engineer's determination on any such reimbursement Request (or determination pursuant to Section 8 if applicable). (b) The District shall not unreasonably withhold acceptance of the Potable Water Works Improvements. (c) Developer and District agree that the City's General Fund is not part of this Agreement. The City has reserved funding earmarked under an approved Capital Improvement Program titled Potable Water Work Improvement Program. 8. Dispute/Claims. If a dispute should arise regarding the performance or interpretation of this Agreement, the following procedure shall be used to resolve any question of fact or interpretation not informally resolved by the parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Agreement shall be reduced to writing by the principal of Developer or the Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Director, or principal, upon receipt, shall reply to the letter, including a recommended method of resolution within ten (10) days. If the recommended resolution is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to The Board Directors for their resolution through the office of the Executive Manager. The Board of Directors may, but is not obligated to resolve the dispute. If the Board of Directors considers the dispute, and directs a solution, the action of the Board of Directors shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties from seeking remedies available to the at law. 9. Assignment of Contract. The Developer shall not assign this Agreement or any part thereof or any monies due thereunder without the prior written consent of the District, which approval shall not be unreasonably withheld. 10. Notices. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by the United States Certified Mail, return receipt requested, postage prepaid, addressed as shown below. Notices required to be given to Developer shall be addressed as follows: TECHBILT CONSTRUCTION CORP. Attention: Raul Guzman, Project Manager 3575 Kenyon St., Suite 200 San Diego, CA92110 Telephone: (619) 223-1663 Fax: (619)223-2865 Notices required to be given to District shall be addressed as follows: CARLSBAD MUNICIPAL WATER DISTRICT c/o City of Carlsbad Attention: Public Works Director 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602-2730 Fax: (760) 602-8562 Each party shall notify the other immediately of any changes of address that would require any notice delivered hereunder to be directed to another address. 11. Transfer by Developer. The obligations and benefits of this Agreement shall not be transferred upon sale of the Project. 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one and the same instrument. 13. Governing Law and Venue. This Agreement shall be interpreted and enforced under the laws of the State of California, and venue shall reside in San Diego County, California. 14. Complete Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter contained herein, and supersedes all negotiations, discussions, and prior drafts with respect to this subject matter. 15. Amendment. This Agreement may be amended by a written instrument executed by District and Developer except that no amendment regarding the provisions for reimbursement to Developer shall be valid unless executed by both the Developer and the District. 16. Term. This Agreement shall be effective as of the Agreement date and shall terminate on July 1, 2010, or when the terms of the Agreement have been fulfilled, whichever comes first unless extended by both the Developer and the District. 17. No Third Party Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party benefit. 18. Severability. The invalidity or unenforceability of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof. X IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. TECHBILT CONSTRUCTION CORP.CARLSBAD MUNICIPAL WATER DISTRICT a Public Agency organized under the Municipal Wcfter District Act of 1911 and a SubsidWjDf the £ity,0f Cartel, California THEODORE TCHANG, President .•.»»»""»// Date: ^ I i u / t/*! s^^--.^\ ' \s% (Proper notarial acknowledgment of ex^ouiti€inx^y Developer must be attached. Chairman, president, or vice president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, General Counsel BY:iJL (5eputy General Counsel CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of gan On June 10. 2009 Date before me, Nancy C. Lane, Notary Public Here Insert Name and Title of the Officer personally appeared Theodore Tchang Name(s) of Signer(s) NANCY C. LANE Commission * 1758623 Notary Public - California San Ol»ao County lfrComm.BgalMiJul26.201i who proved to me on the basis of satisfactory evidence to be the person(s) whose name^e) is/are subscribed to the within instrument and acknowledged to me that he&hsSbey executed the same in his/hef&teir authorized capacity(ies), and that by his&stfth&r signature^ on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Agreement/Carlsbad Municipal Water District/ Techbilt Const. Number of Pages: Corp. Potable Water ._ nnDocument Date: June 10 > 2009 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here O2007 National Notary Association• 9350 De Soto Ave., P.O.Box 2402 -Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder:Call Toll-Free 1 -800-876-6827 Exhibit B CARLSBAD OAKS NORTH OVERSIZED POTABLE WATER PIPELINE IMPROVEMENTS REIMBURSEMENT COST BREAKDOWN 3/27/2009 No, a. Pot 1 2 3 4 5 6 7 8 9 10 11 Description: able Water Phase 1. Whiotail 1 12" PVC, Class 150 16" Steel, 10 Gage 16" Gate Valve 12" Gate Valve 2 Wire Test Station 4 Wire Test Station 2" Blow Off 2" MAR Adjust Valves (One-time) End Caps Pressure Reducing Station Quantity: Unit: jOOp 1,630 LF 1,935 LF 7 Ea. 14 Ea. 3 Ea. 1 Ea. 10 Ea. 15 Ea. 21 Ea. 11 Ea. 1 LS Improvement UnitPricej $ 59.50 $ 79.65 $ 5,630.00 $ 1,915.00 $ 5,000.00 $ 3,500.00 $ 1,445.00 $ 1,465.00 $ 365.00 $ 740.00 $ 186,275.00 Cost Actual Amount : $ 96,985.00 $ 154,122.75 $ 39,410.00 $ 26,810.00 $ 15,000.00 $ 3,500.00 $ 14,450.00 $ 21,975.00 $ 7,665.00 $ 8,140.00 $ 186,275.00 Oversizing Ri Unit Price : $ $ 20.15 $ 3,715.00 $ $ 5,000.00 $ 3,500.00 $ $ $ $ $ Reimbursement Subtotal = 5% Overhead Allowance = Phase 1, Whiptail Loop Potable Water Oversizing Reimbursement Total = umbursement Amount ; $ $ 38,990.25 $ 26,005.00 $ $ 15,000.00 $ 3,500.00 $ $ $ $ $ $ 83,495.25 $ 4,174.76 $ 87,670.01 No.Description: b. Potable Water Faradav Avenue 1 2 3 4 5 6 7 8 9 12" PVC, Class 150 16" Steel (CMLC) Water 16" Gate Valve 12" Gate Valve 2" Manual Air Release 2" Blow Off End Cap, 12" End Cap, 16" Air and Vacuum Valve Quantity: Unit: 186 LF 8,375 LF 17 Ea. 5 Ea. 13 Ea. 16 Ea. 5 Ea. 4 Ea. 4 Ea. Improvement Unit Pricey $ 63.50 $ 78.30 $ 5,630.00 $ 1,915.00 $ 1,465.00 $ 1,445.00 $ 610.00 $ 1,225.00 $ 2,380.00 Cost Actual Amount : $ 11,811.00 $ 655,762.50 $ 95,710.00 $ 9,575.00 $ 19,045.00 $ 23,120.00 $ 3,050.00 $ 4,900.00 $ 9,520.00 Oversizing R< Unit Price; $ $ 18.80 $ 3,715.00 $ $ $ $ $ 615.00 $ Reimbursement Subtotal = 5% Overhead Allowance = Faraday Avenue Potable Water Oversizing Reimbursement Total = imbursement Amount ; $ $ 157,450.00 $ 63,155.00 $ $ $ $ $ 2,460.00 $ $ 223,065.00 $ 11,153.25 $ 234,218.25 No,Description: c. Potable Water El Fuerte Street 1 2 3 4 5 6 7 8 9 8" PVC, Class 200 12" PVC, Class 200 16" Steel (CMLC) Water 16" Gate Valve 12" Gate Valve 8" Gate Valve 2" Manual Air Release 2" Blow Off Air and Vacuum Valve Ouantitv: Unit: 27 LF 617 LF 2,780 LF 3 Ea. 3 Ea. 1 Ea. 5 Ea. 6 Ea. 1 Ea. Improvement Unit Price : $ 53.00 $ 65.45 $ 77.45 $ 5,630.00 $ 1,915.00 $ 1,235.00 $ 1,465.00 $ 1,445.00 $ 2,610.00 Cost Actual Amount^ $ 1,431.00 $ 40,382.65 $ 215,311.00 $ 16,890.00 $ 5,745.00 $ 1,235.00 $ 7,325.00 $ 8,670.00 $ 2,610.00 Oversizing R< Unit Price ; $ $ $ 17.95 $ 3,715.00 $ $ $ $ $ Reimbursement Subtotal = 5% Overhead Allowance = El Fuerte Street Potable Water Oversizing Reimbursement Total = imbursement Amount ; $ $ $ 49,901.00 $ 11,145.00 $ $ $ $ $ $ 61,046.00 $ 3,052.30 $ 64,098.30 Page 1 of 2 Exhibit B CARLSBAD OAKS NORTH OVERSIZED POTABLE WATER PIPELINE IMPROVEMENTS REIMBURSEMENT COST BREAKDOWN 3/27/2009 No.Description:Ouantitv: Unit: d. Potable Water South Melrose Drive 1 2 3 4 5 6 7 8 16" Steel (CMLC) Water 16" Gate Valve 2" Manual Air Release 2" Blow Off Air and Vacuum Valve Trench Restoration - Modified Traffic Control Plan Connect to Exist. 2,415 LF 4 Ea. 4 Ea. 5 Ea. 1 Ea. 2,425 LF 1 LS 1 Ea. Improvement Unit Price j $ 134.25 $ 7,255.00 $ 4,920.00 $ 4,970.00 $ 13,615.00 $ 65.75 $ 21,445.00 $ 11,660.00 Cost Actual Amount : $ 324,213.75 $ 29,020.00 $ 19,680.00 $ 24,850.00 $ 13,615.00 $ 159,443.75 $ 21,445.00 $ 11,660.00 Oversizing Ri Unit Price : $ 17.95 $ 3,715.00 $ $ $ $ $ $ Reimbursement Subtotal = 5% Overhead Allowance = South Melrose Drive Potable Water Oversizing Reimbursement Total = imbursement Amount : $ 43,349.25 $ 14,860.00 $ $ $ $ $ $ $ 58,209.25 $ 2,910.46 $ 61,119.71 fifii Description:Ouantitv: Unit: e. Potable Water Phase 2, WhiotailLooD 1 2 3 4 5 6 7 8 9 10 16" Steel (CMLC) Water 12" PVC, Class 200 C900 12" PVC, Class 150 C900 16" CL150 Gate Valve 12" Gate Valve 2" Manual Air Release 2" Blow Off 2" Air and Vacuum Valve 2 Wire Test Station Connect to Exist. 3,763 LF 1,637 LF 958 LF 26 Ea. 34 Ea. 42 Ea. 43 Ea. 3 Ea. 5 Ea. 3 Ea. Improvement Unit Price ; $ 80.00 $ 50.00 $ 32.00 $ 6,400.00 $ 2,200.00 $ 1,975.00 $ 1,975.00 $ 2,750.00 $ 1,835.00 $ 6,900.00 Cost Actual Amount : $ 301,040.00 $ 81,850.00 $ 30,656.00 $ 166,400.00 $ 74,800.00 $ 82,950.00 $ 84,925.00 $ 8,250.00 $ 9,175.00 $ 20,700.00 Oversizing Ri Unit Price: $ 48.00 $ $ $ 4,200.00 $ $ $ $ $ 1,835.00«4> Reimbursement Subtotal = 5% Overhead Allowance = Phase 2, Whiptail Loop Potable Water Oversizing Reimbursement Total = simbursement Amount : $ 180,624.00 $ $ $ 109,200.00 $ $ $ $ $ 9,175.00 $ $ 298,999.00 $ 14,949.95 $ 313,948.95 Total Carlsbad Oaks North Potable Water Oversized Reimbursement = | $ 761,055.22 Page 2 of 2