HomeMy WebLinkAboutCT 14-10; Lennar Homes of California Inc; 2020-0149543; Reimbursement Agreement/Release1
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARSLBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Please record this document
At no fee as it is to the benefit
Of the City of Carlsbad (Gov. Code
[6103]
DOC# 2020-0149543
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Mar 23, 2020 02:25 PM
OFFICIAL RECORDS
Ernest .I Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES. $104 00 (SB2 Atkins. $0.00)
PAGES. 31
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR REIMBURSEMENT OF COSTS
FOR THE CONSTRUCTION OF POINSETTIA LANE
ASSOCIATED WITH
CARLSBAD TRACT 14-10 (POINSETTIA 61)
Between
CITY OF CARLSBAD
AND
LENNAR HOMES OF CALIFORNIA, INC.
City Attorney Approved Version (Aug. 29, 2018)
2
AGREEMENT FOR REIMBURSEMENT OF COSTS
FOR THE CONSTRUCTION OF POINSETTIA LANE
ASSOC IA TED WITH
CARLSBAD TRACT CT 14-10 (POINSETTIA 61)
This Agreement for Reimbursement of Costs for the Construction of Reach E of Poinsettia Lane
associated with Carlsbad Tract No. 14-10 (Poinsettia 61), datedas of December /3-f/i; , 2019
("Agreement") is made at San Diego County, California, by and between the City of Carlsbad, a
municipal corporation ("City"), and Lennar Homes of California, Inc. a California corporation
("Developer"), with reference to the following recitals:
RECITALS
A. Developer is developing certain real property commonly known as Poinsettia 61,
("Project") located in the City of Carlsbad, California (the "City"), more particularly
described as Carlsbad Tract No. 14-10 (CT 14-10).
B. The Planning Commission of the City of Carlsbad adopted Resolution No. 7226 on
February 1, 2017, recommending approval of the Project, and including Condition No. 46
which requires Developer to enter into a Reimbursement Agreement for the design and
construction costs of Poinsettia Lane (Reach E) from the Bridge and Thoroughfare District
No. 2 funds, with improvements eligible for reimbursement being "'core' improvements
including the bridge, full width grading, median curbs, 18 feet of paving on either side of
the median, storm drain, right-of-way and environmental mitigation" ("Improvements").
C. The City Council of the City adopted Resolution No. 2017-043 on March 14, 2017,
certifying an environmental impact report EIR 15-03 and approving the Planning
Commission Resolution No. 7226 for the Project.
D. The Project is located within the boundaries of Bridge and Thoroughfare District No.
2 and Developer is required to pay fees in conjunction with Bridge and Thoroughfare
District No. 2 to finance construction of Reach E of Poinsettia Lane as more particularly
described therein and as required by the Project approvals.
E. The City has collected, and will continue to collect, funds from the developers of
projects located within the boundaries of Bridge and Thoroughfare District No. 2 to fund
construction of Reach E of Poinsettia Lane.
F. City and Developer acknowledge that Government Code Section 66485, Carlsbad
Municipal Code sections 20.16.041 and 20.16.043 allowthe City to require a sub-divider to
construct improvements benefiting property outside the subdivision; and Government
Code Section 66486 requires a reimbursement agreement for such improvements. The
Parties intend that this Agreement satisfies the requirements of Government Code Section
66486.
G. A preliminary estimate of cost for design and construction of the Improvements has
been prepared and is attached hereto as Exhibit "A". Parties acknowledge that Exhibit A,
which was prepared by Developer, is for illustrative purposes only and that all costs are
subject to audit for eligibility for payment in accordance with the terms of this Agreement.
City Attorney Approved Version (Aug. 29, 2018)
H. The parties acknowledge that Developer has paid impact fees referenced in
Recital E, above, and has commenced the installation of a substantial portion of the
Improvements.
NOW, THEREFORE, City and Developer agree as follows:
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1. Recitals. The Recitals, above, are true and correct and incorporated herein by this
reference.
2. Satisfaction of Obligation. Developer's agreement to construct the Improvements, as
set forth herein, and the actual construction thereof, shall fully satisfy and constitute
compliance with all requirements regarding the Project solely with respect to the
Improvements.
3. General Developer Obligations.
(a) In consideration of City's reimbursement for the Improvements and other
undertakings as set forth herein, Developer agrees to cause the construction of
the Improvements, which work shall include the construction of full width grading
of the roadway, paved roadway surface for two lanes (18 foot paved section on
each side of median for a total of 36 feet paved section), transition pavement at
major intersections, median curbs, outside asphalt berms, street drainage
facilities, culverts, temporary drainage in the parkway, and either bridge(s) or
retaining walls to mitigate biological impacts as eligible under Bridge and
Thoroughfare District No. 2 as shown on the City-approved drawings DWG 507-
2 and DWG 507-2A prepared by O'Day Consultants, Inc.
(b) Developer shall cause the construction of the Improvements substantially in
compliance with the City-approved Plans and specifications and in compliance
with the current edition of the Green Book.
(c) It shall be the responsibility of Developer to observe and follow the
requirements of City for retention of records and the submittal of information in
connection with the Improvements, as specified in this Agreement.
(d) Developer shall comply with City's bidding, contracting, and change order
procedures:
(i) If bidding on the Improvements will be open to any qualified bidder,
Developer shall advertise each notice inviting bids in at least one newspaper
of general circulation in the City of Carlsbad. The first posting/publication of
notice shall be at least ten (10) days before bid opening. Such notice shall be
published for at least ten (10) consecutive days or for at least two (2)
consecutive times in a weekly newspaper in the City of Carlsbad. Developer
shall, in addition, advertise in consecutive editions in either the "Daily
Construction Service" or "The Green Sheet" for a period of not less than one
(1) week. Proof of publication shall be sent to the City Engineer.
(ii) Where the notice inviting bids will only be sent to a list of pre-qualified
bidders, a minimum of three (3) bidders shall be pre-qualified based on
criteria reviewed and approved by the City Engineer.
City Attorney Approved Version (Aug. 29, 2018)
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(iii) The notice inviting bids must clearly state the time, date, and place for the
submission of bids. These dates and times must be strictly adhered to unless
changed by addendum. The notice inviting bids and any addenda shall be
sent to the City Engineer.
(iv) The request for bids shall state that the successful bidder shall be required to
furnish a performance and warranty bond equal to one hundred percent
(100%) of the amount bid and a labor and materials bond equal to one
hundred percent (100%) of the amount bid. In lieu of these bond
requirements, Developer may permit securities or cash to be substituted
therefore. Providers of architectural, engineering, and land surveying
services shall not be required to post bonds.
(v) The request for bids shall require bidders to furnish a certificate of insurance
for commercial general liability, automobile liability, and workers
compensation.
(vi) If significant changes to plans, specifications, or request for bids require the
issuance of an addendum in the last five (5) working days of the bidding
period, the bid opening date shall be extended to allow bidders a minimum of
five (5) working days from receipt of the addendum to accommodate the
change.
(vii) The minimum period between issuance of the notice inviting bids and bid
opening is four (4) weeks.
(viii) Developer shall conduct the bid opening at a location open to the public.
Sealed bids will be required to be submitted on or before the specified date
and time and will be publicly opened and the bidder's name and total bid
announced at the bid opening in the presence of any interested party.
(ix) Developer shall open all bids in the presence of any interested parties and
shall rank all bids from the lowest to the highest bid amount, based upon
costs for the Improvements. Developer shall prepare a summary analysis of
all bids and provide its findings regarding the bid award to the Project
Engineer within five (5) working days of the date such award is made. The
summary analysis shall include: (a) an itemized summary of all bids
received; (b) a certificate executed by an authorized representative of
Developer stating that all bidders received the same set of bid documents
and any addenda issued, there are no pending disputes over the bidding
procedures, all applicable binding, insurance, and licensing requirements
have been met, and the bid was made without connection with any collusion
or fraud; and (c) a copy of the selected bid proposal for award.
(x) Developer shall retain the original of all bids received for a minimum of three
(3) years after bid award.
(xi) Developer shall award contracts to the lowest responsive, responsible bidder
within sixty (60) days after bid opening with concurrence of the City
Engineer, and shall authorize the contractor to proceed with the work within
sixty (60) days after award.
City Attorney Approved Version (Aug. 29, 2018)
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(xii) Developer shall not authorize the contractor to begin construction until the
following documentation has been submitted to, and approved by, the City
Engineer: (a) copies of the signed bid documents for the construction of the
Improvements; (b) copies of all insurance certificates for the Developer and
contractor; and (c) a written statement to certify and declare, under penalty
of perjury, that the bid documents and bidding procedures were prepared
and followed in accordance with the requirements of this Agreement. Upon
written approval from the City Engineer, the Developer may issue the notice
to proceed to the contractor.
(xiii) Developer shall schedule and conduct a pre-construction meeting prior to
the beginning of construction of the Improvements. Developer shall invite the
design engineer, City Engineer, contractor, inspector, and any other
interested parties.
(xiv) If Developer desires that any change order be included in the
Reimbursement Amount, Developer shall, prior to undertaking such work,
obtain the written acknowledgment of the City's Project Inspector as to the
need to perform the work in order to satisfactorily complete the construction
of the Improvements. The Project Inspector's acknowledgment shall be
documented in writing. If Developer undertakes such work prior to obtaining
the Project Inspector's written acknowledgment, Developer assumes the risk
that such change order may not be included in the Reimbursement Amount.
(xv)Contracts for the construction of the Improvements shall provide for
payments of prevailing wages by all Contractors and Subcontractors for all
work performed. Developer shall include the following provisions in the
contract for construction of the Improvements:
The general prevailing rate of wages for each craft or type of worker needed
to execute the Contract shall be those as determined by the Director of
Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the
Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of
applicable wage rates is on file in the Office of the City Engineer of the City
of Carlsbad. The Contractor to whom the Contract is awarded shall not pay
less than the said specified prevailing rates of wages to all workers employed
by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with
provisions of section 1777. 5 of the Labor Code and section 4100 et seq. of
the Public Contracts Code, "Subletting and Subcontracting Fair Practices
Act." The City Engineer is the City's "duly authorized officer" for the purposes
of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with
section 1720 shall apply to the Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid
proposal, subject to the requirements of Section 4104 of the Public Contract
Code, or engage in the performance of any contract for public work, unless
currently registered and qualified to perform public work pursuant to Section
City Attorney Approved Version (Aug. 29, 2018)
1725.5. This project is subject to compliance monitoring and enforcement by
the Department of Industrial Relations. The Prime Contractor and all
subcontractors shall comply with Section 1776 of the Labor Code, which
generally requires keeping accurate payroll records, verifying and certifying
payroll records, and making them available for inspection. Contractor shall
require all subcontractors to comply with Section 1776.
(xvi) Revisions to the Plans shall be reviewed and approved by the City Engineer
or designee in accordance with the City's Subdivision/Development Plan
Check procedures.
(e) Developer shall warranty all work for one (1) year after recordation of the City-
issued notice of completion and any faulty work or materials discovered during
the warranty period shall be repaired or replaced by Developer, at its expense.
Twenty-five percent of the faithful performance bond shall be retained as a
warranty bond for the one-year warranty period. Developer shall replace or
repair any such defective work in a manner satisfactory to the City Engineer,
after notice to do so from the City Engineer, and within the time specified in the
notice. If Developer fails to make such replacement or repairs within the time
specified in the notice, City may perform this work and Developer's contractor's
sureties shall be liable for the cost thereof.
(f) The Project would impact 6.3 acres of SMC. Developer shall enter into a
separate contract for the creation, substantial restoration, maintenance and
monitoring of 6.3 acres of Southern Maritime Chaparral (SMC) habitat as
described in Section 4(f) below. No other mitigation components (e.g., habitat
preservation or other habitat creation/substantial restoration) shall be included
in this contract.
4. General City Obligations. City shall reimburse Developer in an amount hereinaftercalled
the Reimbursable Amount, which will be equal to the sum of the following Reimbursable
Expenses:
(a) The actual costs incurred for design and engineering costs including civil
engineering, soils engineering, landscape architecture, survey and
construction staking, utility coordination, plan check and inspection fees as
they relate to the Improvements, as well as environmental review and
permitting, and habitat mitigation related to the reimbursable Improvements
as eligible under Bridge and Thoroughfare District No. 2.
(b) The actual costs incurred pursuant to direct construction contract(s) including
any change orders issued in compliance with Section 3(d).
(c) An allowance equal to 4.0 percent of the direct construction contract costs to
cover Developer's construction management and administrative expenses
above the level of construction superintendent.
(d) An allowance equal to 1.5 percent of the direct construction contract costs to
cover the allocable portion of the premiums paid by Developer for improvement
bonds and payment and performance bonds for the Improvements.
6 City Attorney Approved Version (Aug. 29, 2018)
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(e) An allowance equal to 1.8% of the direct construction contract costs to
reimburse the Developer for the allocable portions of premiums paid by
Developer for blanket general liability insurance coverage.
(f) Habitat Creation/Substantial Restoration. An amount equal to forty-three
percent (43%) of the cost for the 6.3 acres of SMC creation/substantial
restoration, which equates to 2.7 acres of SMC creation/substantial restoration,
is eligible for reimbursement. The 6.3 acres of SMC creation/substantial
restoration may include the following mitigation areas: (a) on-site Poinsettia
61, (b) the property commonly referred to as the "Off-site Kevane", and (c)
Aviara Park. Total reimbursement shall not exceed the costs for
creation/substantial restoration of 2. 7 acres of SMC habitat. Such percentage
has been calculated based upon the following:
(i) The Project (residential development and Reach E of Poinsettia Lane) would
result in permanent impacts to 6.3 acres of SMC habitat. Permanent impacts
would occur on 3.6 acres of SMC due to the residential development and 2.7
acres due to Reach E of Poinsettia Lane.
(ii) The permanent impact to SMC habitat caused by Reach E of Poinsettia
Lane (2.7 acres) is forty-three percent (43%) of the total permanent
impacts to SMC habitat caused by the Project (6.3 acres) (i.e., a fraction
with (x) the numerator equal to approximately 2. 7 acres impact to SMC
habitat resulted from Reach E of Poinsettia Lane and (y) the denominator
equal to 6.3 acres of total Project impact to SMC habitat, 2.7/6.3 = 43%).
The Project permanent habitat impacts and required mitigation are further
described in Section 5 of the Final Biological Resources Technical Report
(DUDEK 2017) attached to the Final EIR of Poinsettia 61 Project as
Appendix C.
(iii) As described in Section 3(f) above, Developer shall enter into a separate
contract to create, restore, maintain, and monitor the 6.3 acres of SMC
habitat to offset the Project impacts to sensitive habitat. No other mitigation
related components (e.g., habitat preservation, or other habitat
creation/substantial restoration) shall be included in this contract.
Reimbursement of the costs related to the creation/substantial restoration
shall not exceed 43% of the actual costs of creation/substantial restoration of
the 6.3 acres of SMC habitat. Therefore, total reimbursement shall not
exceed the costs for creation/substantial restoration of 2.7 acres of SMC
habitat. Long-term management is discussed in Section 4(g) below.
(iv) The costs of creation/substantial restoration of 6.3 acres of SMC habitat, as
stated above, are eligible for reimbursement at 43% of the actual cost
incurred up to the end of the five-year maintenance and monitoring period. If
the final performance standards included in Section 5 of the Final
Conceptual Restoration Plan for Poinsettia Project (DUDEK 2018) are not
met after the five-year maintenance program, then the Developer shall be
responsible at their own cost to continue with the maintenance and
monitoring work until the final performance standards are met and approval
from the resource agencies are obtained. The cost of the extended creation,
restoration, maintenance and monitoring beyond the five-year maintenance
City Attorney Approved Version (Aug. 29, 2018)
and monitoring period are not eligible for reimbursement.
(g) Endowments for Long-Term Management. Funding for long-term management is
required for all on-site and off-site mitigation areas (preserve areas) through
establishment of non-wasting endowment accounts. The total of all such
endowments consists of the endowments for (a) Poinsettia 61 ($690,595.00),
(b) Aviara Park ($435,460.00) and (c) Veterans Park ($295,178.00). An amount
equal to nineteen percent (19%) of the total endowment amount funded by
Developer for the Project will be reimbursed by City for an amount of two
hundred seventy thousand thirty-four dollars ($270,034) (the "Endowment
Reimbursement"). City hereby agrees to provide such amount to Developer
within sixty (60) days after the full execution and delivery of this Agreement.
Such percentage has been calculated based upon the following:
(i) The total preserved open space area (habitat mitigation requirement)
associated with the Project (residential development and Reach E of
Poinsettia Lane) contains a total of approximately 43.3 acres of open space
to be included in the Carlsbad Habitat Management Plan (HMP, City of
Carlsbad, 2004). The Project mitigation areas (preserves) contain (a)
approximately 34.7 acres of on-site Poinsettia 61 and the property commonly
referred to as the "Off-site Kevane", (b) approximately 3.1 acres of Veteran's
Park, and (c) approximately 5.5 acres of Aviara Park; as further described in
Sections 1 and 2 of Preserve Management Plan for the Poinsettia 61
Preserve (DUDEK 2018) and Section 3 of the Final Conceptual Restoration
Plan for Poinsettia Project (DUDEK 2018).
(ii) The total mitigation requirements associated with Reach E of Poinsettia Lane
contain a total of approximately 8.1 acres of habitat mitigation (2. 7 acres of
SMC creation/substantial restoration and 5.4 acres of SMC preservation).
The Project permanent habitat impacts and required mitigation are further
described in Section 5 of the Final Biological Resources Technical Report
(DUDEK 2017) attached to the Final EIR of Poinsettia 61 Project as
Appendix C.
(iii) The total mitigation requirements for Reach E of Poinsettia Lane is nineteen
percent (19%) of the total mitigation requirements for the Project (Reach E of
Poinsettia Lane and residential development) (i.e., a fraction with (x) the
numerator equal to approximately 8.1 acres mitigation requirements for
Reach E of Poinsettia Lane and (y) the denominator equal to 43.3 acres of
total Project mitigation requirements, 8.1/43.3 = 19%).
(h) The City's share of right-of-way costs for Reach E of Poinsettia Lane, valued at
$3,134,000.00, pursuant to the appraisal dated March 30, 2018, by Hendrickson
Appraisal, Inc.
(i) Credit equal to the unpaid Bridge and Thoroughfare District No. 2 fees
applicable to the Project, and reimbursement to Developer of any and all Bridge
and Thoroughfare District Fund No. 2 fees paid to date not later than sixty (60)
days from the effective date of this Agreement.
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5. Incremental Reimbursement of Costs
(a) The reimbursement of costs shall be payable in no more than two increments.
The first increment shall be the "Base Increment" which shall be an amount
equal to 90% of the cost incurred to the date of substantial completion. The
second increment shall be the "Retained Increment" which shall be an amount
not to exceed the remaining unpaid portion of the Reimbursable Expenses.
(b) The reimbursement of 43% of the costs related to creation/substantial
restoration of 6.3 acres of SMC habitat (as described in Section 4(f) above)
shall be eligible for payment in no more than two increments. The first
increment shall be payable in an amount not to exceed 43% of the initial
creation/substantial restoration costs incurred upon successful completion of
the initial 120-day habitat establishment period. The second increment shall be
payable in an amount not to exceed 43% of the actual costs of
creation/substantial restoration incurred after the 120-day establishment period
and up to the end of the five-year maintenance and monitoring period or upon
meeting the final performance standards, whichever comes first. Developer is
responsible to meet the final performance standards and provide City with the
approval from the resource agencies. No mitigation costs (creation, restoration,
maintenance, etc.) will be eligible for reimbursement after the end of the five-
year maintenance program, regardless of the resource agencies' approval
status for the mitigation requirements. Reimbursable costs shall not exceed
43% of the total cost for creation/substantial restoration of the 6.3 acres of SMC
habitat. The performance standards for creation and restoration sites as well as
the five-year maintenance program are further described in Section 6 of the
Final Conceptual Restoration Plan for Poinsettia Project (DUDEK 2018).
6. Eligibility of Reimbursement of the Base Increment or Retained Increment
(a) Once the construction of the Improvements is substantially complete then such
Improvements shall be eligible for the Reimbursement of the Base Increment.
For the purposes of this Agreement, the Improvements shall be deemed
"substantially complete" when construction or work with respect to the
Improvements has progressed to the point where it is sufficiently complete in
the sole judgment of the City Engineer so that the Improvements either are
opened to the public for traffic or otherwise could be opened to the public for
traffic but for the fact the such opening has been withheld or delayed solely the
City. The Improvements may be deemed by the City Engineer to be
"substantially complete" pursuant to the preceding sentence even though such
Improvements are subject to completion of a punch list of items before such
Improvements would be eligible for acceptance by the City.
(b) The Improvements shall be eligible for reimbursement of the Retained
Increment once all of the following has occurred:
(i) The Improvements are "substantially complete";
(ii) The City has accepted the Improvements pursuant to the applicable
Subdivision Improvement Agreement and the City's Municipal Code; and
(iii) The Notice of Completion for such Improvements has been recorded and a
period of at least 35 calendar days has elapsed since the date of such
recordation.
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7. Submittal and Audit of Reimbursable Expenses.
(a) Developer shall retain detailed payment records for all Reimbursable
Expenses.
(b) Each reimbursement request shall include the following documentation as
applicable:
(i) Copies of the signed construction contract and all approved change
orders; ·
(ii) A letter from the Developer certifying that the construction contractor and
all subcontractors have complied with the Labor Code prevailing wage
provisions on construction of the Improvements.
(iii) A printed spreadsheet together with a digital copy on disc, using
Microsoft Excel, showing all eligible and non-eligible costs for each
contractor, subcontractor, or vendor by bid item with the unit price bid,
estimated quantity, actual quantity, total bid amount, change order
amount, amount invoiced, cumulative amount invoiced, and retained
amount. A summary sheet of all costs shall be included with each
reimbursement request compared to the budget for each item of work
and cross-reference to the voicer and canceled check number.
(iv) Copies of invoices, vouchers, canceled checks (front and back), orother
evidence of payment to support the reimbursement request.
(v) Copies of all quantity vouchers or certificates approved by the Project
Inspector.
(vi) Itemized breakdown of all other Reimbursable Expenses allowed under
this Agreement.
(vii) For the final reimbursement request of the Retained Increment,
Developer shall provide in addition to the items above: a copy of the City-
issued and recorded notice of completion; copies of all final mechanics
lien releases from each contractor, subcontractor or vendor; and a copy
of the approved as-built plans that incorporate all approved changes.
(c) Each reimbursement request will be processed and audited for City by a
reputable consulting engineer selected by City ("Auditing Engineer''). The costs
of the Auditing Engineer shall be paid directly by City from the Bridge &
Thoroughfare District No. 2 Funds.
(d) The Auditing Engineer shall review all reimbursement requests and the
documentation submitted in connection therewith and shall within sixty (60)
days thereafter issue to City a report ("Audit Report") either recommending
acceptance of Developer's Reimbursement Request or specifying with
particularity any items or amounts not recommended to be approved. The
Audit Report shall include copies of all original supporting documentation as
supplied by Developer. If the Auditing Engineer objects to only a portion of a
Reimbursement Request, he or she shall recommend rejecting payment on
the objectionable portion.
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8. Payment of Reimbursable Expenses.
(a) Upon receipt and review of the Audit Report, the City Engineer may reject any
additional cost claim that is not eligible under this Agreement or for which
supporting documentation was not provided. If the City Engineer rejects
payment on any cost claim comprising the Reimbursement Request, the City
Engineer shall notify Developer within thirty (30) days after the City's receipt of
the Audit Report.
(b) Upon the City Engineer's approval of an Audit Report, the City Engineer shall
mail a copy of the Audit Report together with a transmittal letter to the
Developer indicating City concurrence with the Audit Report and approving the
total amount of Reimbursable Expenses.
(c) Upon receipt of the approved Audit Report and transmittal letter, Developer
may submit an invoice to City requesting payment in the amount or
Reimbursable Expenses approved in the transmittal letter in accordancewith
Sections 5 and 6 herein.
(d) In the event that Developer and the City Engineer cannot agree on the amount
or eligibility of a claimed expense, the dispute procedures in Section 9 shall be
followed.
(e) Upon receipt of Developer's invoice in conformance with the approved Audit
Report, the City Engineer shall process the invoice for payment in accordance
with City invoice payment procedures. Resolution of any disputed costs or
items of work shall not delay processing of an invoice that has been properly
submitted by Developer for reimbursement of costs that were deemed eligible
for reimbursement by the City Engineer.
(f) City shall be entitled to rely on the authenticity of all supporting data,
documents, representations, and certifications provided by Developer without
independent verification.
(g) The Parties agree that the sole source of reimbursement shall be funds
from Bridge and Thoroughfare District No. 2 and that the City's General
Fund is not a part of this Agreement, and shall not be obligated under the
terms of this Agreement.
9. Disputes/Claims. If a dispute should arise regarding line performance or interpretation of
this Agreement, the following procedures shall be used to resolve any question of fact or
interpretation not informally resolved by the parties. Such questions, if they become
identified as a part of a dispute among persons operating under the provisions of this
Agreement shall be reduced to writing by the principal of Developer or the City Engineer.
A copy of such documented dispute shall be forwarded to both parties involved along
with recommended methods of resolution which would be of benefit to both parties. The
City Engineer or principal of Developer, upon receipt, shall reply to the letter, including a
recommended method of resolution within ten (10) days. If the recommended resolution
is unsatisfactory to the aggrieved party, the aggrieved party may request an informal
conference to informally resolve the disagreement. The informal conference shall be
held within fourteen (14) days of the request. If an informal conference is not requested
or if an informal conference fails to resolve the dispute, a letter outlining the dispute shall
be forwarded to the City Council for resolution through the office of the City Manager.
The City Council may, but is not obligated to resolve the dispute. If the City Council
considers the dispute, and directs a solution, the action of the City Council shall be
binding upon the parties involved, although nothing in this procedure shall prohibit the
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parties from seeking remedies available to them at law.
10. Indemnification. Other than the performance of design professionals services, Developer
shall defend, indemnify, and hold harmless the City and its officers, agents,
departments, officials, and employees (Indemnified Parties) from and against all claims,
losses, costs, damages, injuries, expense, and liability of every kind that arise out of or
relate to, directly or indirectly, in whole or in part, any services performed under this
Agreement by Developer or Developer's agents, any subcontractor, anyone directly or
indirectly employed by them, or anyone they control. Developer's duty to defend,
indemnify, and hold harmless shall not include any claims or liabilities arising from the
active or sole negligence or willful misconduct of the Indemnified Parties.
With respect to the performance of design professional services, to the fullest extent
permitted by law (including, without limitation, California Civil Code section 2782.8),
Developer shall require its design professional to indemnify and hold harmless City, its
officers and employees, from all claims, demands, or liability that arise out of or relate to
the negligence, recklessness, or willful misconduct of Developer's design professional or
the design professional's officers or employees.
11. Insurance. Developer will obtain and maintain for the duration of the Agreement and any
and all amendments, insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the services by
Developer or Developer's agents, representatives, employees or subcontractors. The
insurance will be obtained from an insurance carrier admitted and authorized to do
business in the State of California. The insurance carrier is required to have a current
Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of
California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest
Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the
National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
11.1. Coverage and Limits. Developer will maintain the types of coverage and minimum
limits indicated below, unless the City of Carlsbad Risk Manager approves a lower amount.
These minimum amounts of coverage will not constitute any limitations or cap on
Developer's indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be carried
by Developer pursuant to this Agreement are adequate to protect Developer. If Developer
believes that any required insurance coverage is inadequate, Developer will obtain such
additional insurance coverage, as Developer deems adequate, at Developer's sole
expense. The full limits available to the named insured shall also be available and
applicable to City as an additional insured.
11.1.1. Commercial General Liability Insurance. $2,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted
policies contain aggregate limits, general aggregate limits will apply separately to the
work under this Agreement or the general aggregate will be twice the required per
occurrence limit.
11.1.2. Automobile Liability. (if the use of an automobile is involved for Developer's work for
City). $1,000,000 combined single-limit per accident for bodily injury and property
damage.
City Attorney Approved Version (Aug. 29, 2018)
13
11.1.3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if
Developer has no employees and provides, to City's satisfaction, a declaration stating
this.
11.1.4. Professional Liability. Errors and omIssIons liability appropriate to Developer's
profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of five years following the date of completion of the
Improvements.
11.2.1. Additional Provisions. Developer will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions: City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to City.
11.2.2. Developer will obtain occurrence coverage, excluding Professional Liability,
which will be written as claims-made coverage.
11.2.3. This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
11.3. Providing Certificates of Insurance and Endorsements. Prior to City's execution of
this Agreement, Developer will furnish certificates of insurance and endorsements to
City.
11.4. Failure to Maintain Coverage. If Developer fails to maintain any of these insurance
coverages, then City will have the option to declare Developer in breach, or may
purchase replacement insurance or pay the premiums that are due on existing policies
in order to maintain the required coverages. Developer is responsible for any payments
made by City to obtain or maintain insurance and City may collect these payments from
Developer or deduct the amount paid from any sums due Developer under this
Agreement.
11.5. Submission of Insurance Policies. City reserves the right to require, at any time,
complete and certified copies of any or all required insurance policies and endorsements.
12. Assignment of Contract. Developer shall not assign this contract or any part thereof or
any monies due thereunder without the prior written consent of City, which approval
shall not be unreasonably withheld.
City Attorney Approved Version (Aug. 29, 2018)
14
13. Notices. Unless otherwise specifically provided herein, all notices, demands or other
communications given hereunder shall be in writing and shall be deemed to have been
duly delivered upon personal delivery, or by Federal Express (or similar reputable
express delivery service), or by facsimile transmission with back-up copy mailed the
same day, or as of the second business day after mailing by United States Certified Mail,
return receipt requested, postage prepaid, addressed as shown below. Notices required
to be given to Developer shall be addressed as follows:
Lennar Homes of California
c/o Vice President of Land Development
15131 Alton Parkway, #365
Irvine, California 92618
Telephone: (949) 349-8234
Notices to City shall be delivered to the following:
CITY OF CARLSBAD
c/o City of Carlsbad Attention: City Engineer
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2758
Fax: (760) 602-8562
Each party shall notify the other immediately of any changes of address that would
require any notice delivered hereunder to be directed to another address.
14. Transfer by Developer. The obligations and benefits of this Agreement shall not be
transferred upon sale of the Project.
15. Counterparts. This Agreement may be executed in any number of counterparts, each of
which when so executed and delivered shall be deemed to be an original and all of
which counterparts taken together shall constitute one and the same instrument.
16. Governing Law and Venue. This Agreement shall be interpreted and enforced under the
laws of the State of California, and venue shall reside in San Diego County, California.
17. Complete Agreement. This Agreement contains the entire agreement between the
parties with respect to the subject matter contained herein, and supersedes all
negotiations, discussions, and prior drafts with respect to this subject matter.
18. Amendment. This Agreement may be amended by a written instrument executed by
City and Developer except that no amendment regarding the provisions for
reimbursement to Developer shall be valid unless executed by both Developer and
City.
19. No Third Party Beneficiaries. This Agreement shall not be deemed to confer any rights
upon any individual or entity which is not a party hereto, and the parties hereto expressly
disclaim any such third-party benefit.
City Attorney Approved Version (Aug. 29, 2018)
15
20. Severability. The invalidity or unenforceability of any provision of this Agreement, as
determined by a court of competent jurisdiction, shall in no way affect the validity or
enforceability of any other provision hereof.
City Attorney Approved Version {Aug. 29, 2018)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first above written.
Lennar Homes of California
a California corporation
By: \J-:---__ \s= ____ _
(sign here)
(print name/title)
CITY OF CARLSBAD
a municipal corporation
MA TT HALL, Mayor
ATTEST: By: ___ _.
(sign here) ./$~, Heeler C-ez/ Dt;1
j ~ BARBA ENGLESONrCity Clerk .
,_f:icta~~\/ p CJ (\-f n name/title • · l'Je, JL'
(Proper notarial acknowledgment of execution by Developer must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
By:~
@cpaty City Attorney
16 City Attorney Approved Version (Aug. 29, 2018)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verities only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sao Die90
J
On _ __.J-=:)'--4,J~; 3 ...... ,,_,_/J__.q.____ __ before me, _H~ec.~fo,~f_6~tJ~ff1:~2___,' ,_,., M~'tl_f~o~"-+'-R~vh~~-iJc~--
(insert name arfci title oHMe officer)
personally appeared Malt /-la, J
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~ (Seal)
I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT I
A Notary Public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On September 13, 19 before me, Debra J. Peloza, Notary Public,
personally appeared Jeremy Parness and Brian Bencz who proved to me
on the basis of satisfactory evidence to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signature
on the instrument the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~ /.M 9· 6tr-DEBRA J. PELOZA
COMM. #2198310 z
Notary Public • California ~
Orange County ...
Comm. Ex ires June 8, 2021
(Seal)
O'Day Consultants, Inc.
2710 Loker Avenue West
Suite 100
Carlsbad, CA 92010
(760) 931-7700
Exhibit A
CITY OF CARLSBAD
9/10/2019
J.N.: 141018
Page 1 of 12
BRIDGE AND THOROUGHFARE DISTRICT NO. 2
POINSETTIA LANE
COST ESTIMATE SUMMARY
GRADING SOFT COST ESTIMATE
GRADING PLANS (GR2017-0052) $ 55,336 -----------------------------
EARTHWORK CALCULATIONS $ 4,400
SLOPE LANDSCAPE PLAN (LPC2017-0059) $ 4,574
GEOTECHNICAL REPORTS $ 60,000
DRAINAGE STUDY $ 13,960
SWPPP $ 10,752
SWQMP $ 17,398
BONDING ESTIMATE $ 1,400
See Improvement
DEVELOPER CONSTRUCTION MANAGEMENT Soft Cost Estimate
MEETINGS $ 29,120
CONSULTATION DURING GRADING $ 23,296
AS-BUILTS $ 6,000
I TOTAL GRADING SOFT COST ESTIMATE: $ 226,236
GRADING CONSTRUCTION ESTIMATE
EARTHWORK $ 436,686
BMP's POST GRADING $ 100,820
SURVEY $ 6,440
See Improvement
GEOTECHNICAL Construction Estimate
TOT AL GRADING CONSTRUCTION ESTIMATE: $ 543,946
I
- - ----------------------------------------------------------
IMPROVEMENT SOFT COST ESTIMATE
POINSETTIA LANE ROAD DEDICATION -FEE ACQUISITION $ 3,134,398
POINSETTIA LANE IMPROVEMENT PLANS (ROW2017-0799) $ 67,500
BRIDGE IMPROVEMENT PLAN (ROW2017-0799) $ 158,500
POINSETTIA LANE SIGNING AND STRIPING PLAN (ROW2017-
0799) $ 3,500
BOND ESTIMATES $ 1,400
DEVELOPER CONSTRUCTION MANAGEMENT $ 323,482
C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement
O'Day Consultants, Inc.
2710 Loker Avenue West
Suite 100
Carlsbad, CA 92010
(760) 931-7700
BRIDGE CONSTRUCTION SERVICES
MEETINGS
CONSULTATION DURING CONTRUCTION
~AS-BUILTS
! TOTAL IMPROVEMENT SOFT COST:
I I
IMPROVEMENT CONSTRUCTION ESTIMATE
STORM DRAIN
PUBLIC SURFACE IMPROVEMENTS
BRIDGE IMPROVEMENTS
SURVEY
GEOTECHNICAL
TOT AL IMPROVEMENT CONSTRUCTION ESTIMATE:
ENVIRONMENTAL COST ESTIMATE
ENDOWMENTS
CREATION & SUBSTANTIAL RESTORATION
TOTAL ENVIRONMENTAL COST ESTIMATE:
OVERALL TOTAL POINSETTIA LANE COST ESTIMATE:
NOTE:
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
9/10/2019
J.N.: 141018
Page 2 of 12
309,000
29,120
8,320
6,000
4,041,220
406,135
742,332
6,401,088
30,432
50,000
7,629,987
270,034
617,652
887,686
13,329,075
THESE ESTIMATES ARE BASED UPON PRELIMINARY PLANS WHICH HAVE NOT RECEIVED
FINAL APPROVAL. UNIT COSTS, IN SOME CASES, HAVE BEEN PROVIDED BY OTHERS.
I
I
THE ENGINEER MAKES NO REPRESENTATION CONCERNING THE ESTIMATED QUANTITIES.
COST FIGURES ARE ESTIMATES ONLY AND THE ENGINEER SHALL NOT BE RESPONSIBLE
FOR FLUCTUATIONS IN COST FACTORS OR CHANGES DUE TO FINAL DESIGN. THESE
ESTIMATES ARE FOR PRELIMINARY INFORMATION ONLY.
:
* GRADING COSTS IN AUGUST 2018 WERE ESTIMATED AT $458,897 VS. CURRENT
ESTIMATE OF $569,979. SIMILARLY, TOTAL CONSTRUCTION COSTS IN AUGUST 2018
WERE ESTIMATED AT $7,006,188 VS. CURRENT ESTIMATE OF $8,199,966.
C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement
O'Day Consultants, Inc.
271 O Loker Avenue West
Suite 100
Carlsbad, CA 92010
(760) 931-7700
POINSETTIA LANE
GRADING SOFT COST ESTIMATE
I Unit Costs and
Description Quantity: Unit Percent Allocation
I
GRADING PLANS {GR2017-0052)
Aerial Maooing (Lump Sum) 1 LS $ 3,680.00
Survey control, set aerial panels, field topo existing I
improvements
~-project Manager ___ ____ _1_ HR $ 208.00 --·-----------
2 Man Field Crew (PW) 16 HR $ 292.00
Project Surveyor 8 HR $ 144.00
Grading Plans
Project Manaqer 30 HR $ 208.00
Project Enqineer 120 HR $ 175.00
Design Engineer 120 HR $ 148.00
GRADING PLANS (GR2017-0052) TOTAL:
EARTHWORK CALCULATIONS
Project Manaqer 2 HR $ 208.00
Pr9~ct Engineer 16 HR $ 175.00 -----------------------------·-
Design Engineer 8 HR $ 148.00
EARTHWORK CALCULATIONS TOTAL:
SLOPE LANDSCAPE PLAN (LPC2017-0059) I
Slope Landscape Plans 1 LS $ 36,593.00
Percent Allocation (Slope Area*) 12.5 % $ 36,593.00
SLOPE LANDSCAPE PLAN (LPC2017-0059) TOTAL:
' GEOTECHNICAL REPORTS I
Poinsettia Lane: Investigation, testing, and soils
report 1 : LS $ 60,000.00
GEOTECHNICAL REPORTS TOTAL:
-----------------------.
------------------------------·· ~-. -----------
DRAINAGE STUDY
Project Manaqer 5 HR $ 208.00
Project Engineer 40 HR $ 175.00
Desiqn Enqineer 40 HR $ 148.00
DRAINAGE STUDY TOTAL:
SWPPP
Project Manaqer 2 HR $ 208.00
Project Enqineer 32 HR $ 175.00
Design Engineer 32 HR $ 148.00
SWPPP TOTAL:
SWQMP :
Proiect Manaqer 6 HR $ 208.00
Project Engineer 50 HR $ 175.00
Desiqn EnQineer 50: HR $ 148.00
SWQMP TOTAL:
C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
9/10/2019
J.N.: 141018
Page 3 of 12
Total Cost
3,680.00
832.00
4,672.00
1,152.00
6,240.00
21,000.00
17,760.00
55,336
416.00
?,?.QQ.QQ_
1,184.00
4,400
4,574.13
4,574
60,000.00
60,000
-----
1,040.00
7,000.00
5,920.00
13,960
416.00
5,600.00
4,736.00
10,752
1,248.00
8,750.00
7,400.00
17,398
O'Day Consultants, Inc.
2710 Loker Avenue West
Suite 100
Carlsbad, CA 92010
(760) 931-7700
Description
BONDING ESTIMATE
Project Engineer
DEVELOPER CONSTRUCTION MANAGEMENT
Developer Construction Management
I Unit Costs and
Quantity Unit Percent Allocation
81 HR $ 175.00
BONDING ESTIMATE TOTAL:
DEVELOPER CONSTRUCTION MANAGEMENT TOTAL:
MEETINGS
Project ManaQer 140 HR $ 208.00
MEETINGS TOTAL:
CONSULTATION DURING GRADING
Project ManaQer 112 HR $ 208.00
CONSULTATION DURING GRADING TOTAL:
AS-BUILTS
Project ManaQer 4· HR $ 208.00
Proiect EnQineer 16 HR $ 175.00
DesiQn EnQineer 16 HR $ 148.00
AS-BUil TS TOTAL:
GRADING SOFT COST ESTIMATE TOTAL:
* PERCENT ALLOCATION CALCULATION
$
$
9/10/2019
J.N.: 141018
Page 4 of 12
Total Cost
1,400.00
1,400
See Improvement
Soft Cost Estimate
$ -
$ 29,120.00
$ 29,120
$ 23,296.00
$ 23,296
$ 832.00
$ 2,800.00
$ 2,368.00
$ 6,000
$ 226,236
GRADING AREA: TOTAL PROJECT GRADING AREA= 25.82 AC, POINSETTIA LANE GRADING AREA= 3.75 AC,
AND GRADING AREA PERCENT ALLOCATION: 3.72 AC/25.82 AC= 14.4%
EARTHWORK: TOTAL PROJECT EARTHWORK= 495,800 CY, POINSETTIA LANE EARTHWORK= 33,725 CY,
AND GRADING AREA PERCENT ALLOCATION: 3.72 AC/25.82 AC= 14.7%
SLOPE AREA: TOTAL PROJECT SLOPE AREA= 394,766 SF, POINSETTIA LANE SLOPE AREA= 49,490 SF,
AND SLOPE AREA PERCENT ALLOCATION: 49,490 SF/394,766 SF= 12.5%
NOTE:
THESE ESTIMATES ARE BASED UPON PRELIMINARY PLANS WHICH HAVE NOT RECEIVED FINAL APPROVAL.
UNIT COSTS, IN SOME CASES, HAVE BEEN PROVIDED BY OTHERS.
THE ENGINEER MAKES NO REPRESENTATION CONCERNING THE ESTIMATED QUANTITIES. COST FIGURES
ARE ESTIMATES ONLY AND THE ENGINEER SHALL NOT BE RESPONSIBLE FOR FLUCTUATIONS IN COST
FACTORS OR CHANGES DUE TO FINAL DESIGN. THESE ESTIMATES ARE FOR PRELIMINARY INFORMATION
ONLY.
C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement
O'Day Consultants, Inc.
2710 Loker Avenue West
Suite 100
Carlsbad, CA 92010
(760) 931-7700
POINSETTIA LANE
GRADING CONSTRUCTION ESTIMATE
Unit Costs and
Description Quantity Unit Percent Allocation
EARTHWORK
Mobilization, Site Preparation , Establish Construction
Water (Not to Exceed 2% of Bid) -Complete 1 LS $ 12,500.00
PaymenUPerformance & Labor/Materials Bond (Not to
Exceed 2% of Bid) -Complete 1 LS $ 8,500.00
Develop Construction Water -Complete 1 LS $ 50,000.00
Purchase & Apply Construction Water -Complete 50,500 CY $ 0.20
Erosion Control Establishment and Management
Required during Grading Operation -Complete 1 LS $ 35,000.00
Water Management Establishment and Management
Required during Grading Operation -Complete 1 LS $ 15,000.00
Clearing and Grubbing and Site Demo -Complete 3.75 AC $ 2,500.00
Site Prewater -Complete 3.75 AC $ 500.00
Unclassified Excavation -Complete 8,031 CY $ 2.25
Remedial Excavation & Recompaction -Complete 18,000 CY $ 2.25
Buttress/Keyway Construction -Complete -CY
Import, Place & Compact -Complete 24,469 CY $ 4.50
Canyon Subdrain -Complete 450 LF $ 35.00
Buttress Back Drains (6' Height) -Complete -LF
Buttress Back Drains (over 6' in Height) -Complete -LF
Back Drain Outlets -Complete -EA
Finish Streets -Complete 137,535 SF $ 0.20
Finish Contour Areas -Complete -SF
Finish Slope -Complete 50,880 SF $ 0.50
15% Contingencies 15 % $ 379,727.25
EARTHWORK TOTAL:
BMP's POST GRADING
Gravel Bags 1,920 EA $ 1.82 ------------ - ------------TF~ $----Silt Fence 1,946 2.64
Fiber Rolls 2,933 LF $ 3.71
Hydroseed 104,550 SF $ 0.33
Stabilized Construction Entrance 2,560 SF $ 8.66
Inlet Protection 6 EA $ 247.50 -
BMP Maintenance
-----------------------------~ --------
10,000 LS $ 10,000.00
15% Contingencies 15 % $ 87,669.37
BMP's POST GRADING TOTAL:
SURVEY
2 man crew (prevailing wage) 16 HR $ 292.00
Office Calculations 6.5 HR $ 144.00
Project Management 4 HR $ 208.00
SURVEY TOTAL:
C:\Userslahan\Desktop\Attachment 1 to Reimbursement Agreement
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
9/10/2019
J.N.: 141018
Page 5 of 12
Total Cost
12,500.00
8,500.00
50,000.00
10,100.00
35,000.00
15,000.00
9,375.00
1,875.00
18,069.75
40,500.00
-
110,110.50
15,750.00
-
-
-
27,507.00
-
25,440.00
56,959.09
436,686
3,494.40
5,137.44
10,881.43
34,501.50
22,169.60
1,485.00
10,000.00
13,150.41
100,820
4,672.00
936.00
832.00
6,440
O'Day Consultants, Inc.
2710 Loker Avenue West
Suite 100
Carlsbad, CA 92010
(760) 931-7700
GEOTECHNICAL
Description
See Improvement Construction Estimate
* PERCENT ALLOCATION CALCULATION
Unit Costs and
Quantity Unit Percent Allocation
GEOTECHNICAL TOTAL:
GRADING CONSTRUCTION ESTIMATE TOTAL:
-------_____ l_ l
9/10/2019
J.N.: 141018
Page 6 of 12
Total Cost
$ -
$ -
$ 543,946
-----------------
GRADING AREA: TOTAL PROJECT GRADING AREA= 25.82 AC, POINSETTIA LANE GRADING AREA= 3.75 AC,
AND GRADING AREA PERCENT ALLOCATION: 3.72 AC/25.82 AC= 14.4%
EARTHWORK: TOTAL PROJECT EARTHWORK= 495,800 CY, POINSETTIA LANE EARTHWORK= 33,725 CY, AND
GRADING AREA PERCENT ALLOCATION: 3.72 AC/25.82 AC= 14.7%
SLOPE AREA: TOTAL PROJECT SLOPE AREA= 394,766 SF, POINSETTIA LANE SLOPE AREA= 49,490 SF, AND
SLOPE AREA PERCENT ALLOCATION: 49,490 SF/394,766 SF= 12.5%
NOTE:
THESE ESTIMATES ARE BASED UPON PRELIMINARY PLANS WHICH HAVE NOT RECEIVED FINAL APPROVAL.
UNIT COSTS, IN SOME CASES, HAVE BEEN PROVIDED BY OTHERS.
THE ENGINEER MAKES NO REPRESENTATION CONCERNING THE ESTIMATED QUANTITIES. COST FIGURES
ARE ESTIMATES ONLY AND THE ENGINEER SHALL NOT BE RESPONSIBLE FOR FLUCTUATIONS IN COST
FACTORS OR CHANGES DUE TO FINAL DESIGN. THESE ESTIMATES ARE FOR PRELIMINARY INFORMATION
ONLY.
(1) Unit price per County of San Dieqo, Department of Public Works unit price list, July, 2017.
All other prices per City of San Dieqo unit price list, January 2009.
C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement
O'Day Consultants, Inc.
2710 Loker Avenue West
Suite 100
Carlsbad, CA 92010
(760) 931-7700
POINSETTIA LANE
IMPROVEMENT SOFT COST ESTIMATE
Unit Costs and
Description Quantity Unit Percent Allocation
POINSETTIA LANE ROAD DEDICATION -FEE ACQUISITION
Poinsettia Lane Road Dedication -Fee Acquisition 1 LS $ 3, 134,398.00
POINSETTIA LANE ROAD DEDICATION -FEE ACQUISITION TOTAL:
POINSETTIA LANE IMPROVEMENT PLANS IROW2017-0799l
Project Manager 45 HR $ 208.00
Project Enqineer 180 HR $ 175.00
Desiqn Enqineer 180 HR $ 148.00
POINSETTIA LANE IMPROVEMENT PLANS (ROW2017-0799) TOTAL:
BRIDGE IMPROVEMENT PLAN {ROW2017-0799}
Bridqe Improvement Plans 1 LS $ 158,500.00
BRIDGE IMPROVEMENT PLAN (ROW2017-0799) TOTAL:
POINSETTIA LANE SIGNING AND STRIPING PLAN {ROW2017-0799)
Poinsettia Lane Siqninq and Stripinq Plan 1 LS $ 3,500.00
POINSETTIA LANE SIGNING AND STRIPING PLAN (ROW2017-0799) TOTAL:
BOND ESTIMATES
Project Enqineer 8 HR $ 175.00
BOND ESTIMATES TOT AL:
DEVELOPER CONSTRUCTION MANAGEMENT
Developer's Construction Management and/or
Administrative Expenses 4 % $ 8,087,060.89
DEVELOPER CONSTRUCTION MANAGEMENT TOTAL:
C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement
$
$
$
$
$
$
$
$
$
$
$
$
$
$
9/10/2019
J.N.: 141018
Page 7 of 12
Total Cost
3, 134,398.00
3,134,398
9,360.00
31,500.00
26,640.00
67,500
158 500.00
158,500
3,500.00
3,500
1,400.00
1,400
323,482.44
323,482
O'Day Consultants, Inc.
2710 Loker Avenue West
Suite 100
Carlsbad, CA 92010
(760) 931-7700
Description
BRIDGE CONSTRUCTION SERVICES
Construction Engineering
Construction Submittals
Construction Inspection
Reimbursable Expenses
Subconsultant Expenses
MEETINGS
Project Manager
Unit Costs and
Quantity Unit Percent Allocation
1 LS $ 37,580.00
1 LS $ 54,574.00
1 LS $ 205,496.00
1 LS $ 6,100.00
1 LS $ 5,250.00
BRIDGE CONSTRUCTION SERVICES TOTAL:
140 HR $ 208.00
MEETINGS TOTAL:
CONSULTATION DURING CONTRUCTION ----------------Project Manager 40 $ 208.00
CONSULTATION DURING CONTRUCTION TOTAL:
AS-BUILTS
Project Manager 4 $ 208.00
Project Engineer 16 $ 175.00
Desiqn Enqineer 16 $ 148.00
AS-BUILTS TOTAL: ----------------------------l ------------
IMPROVEMENT SOFT COST ESTIMATE TOTAL:
NOTE:
9/10/2019
J.N.: 141018
Page 8 of 12
Total Cost
$ 37,580.00
$ 54,574.00
$ 205,496.00
$ 6,100.00
$ 5 250.00
$ 309,000
$ 29,120.00
$ 29,120
$--8,320.00
$ 8,320
$ 832.00
$ 2,800.00
$ 2,368.00
$ 6,000
$ 4,041,220
THESE ESTIMATES ARE BASED UPON PRELIMINARY PLANS WHICH HAVE NOT RECEIVED FINAL
APPROVAL. UNIT COSTS, IN SOME CASES, HAVE BEEN PROVIDED BY OTHERS.
-----I -- - --- I
___ !_ --------
THE ENGINEER MAKES NO REPRESENTATION CONCERNING THE ESTIMATED QUANTITIES. COST
FIGURES ARE ESTIMATES ONLY AND THE ENGINEER SHALL NOT BE RESPONSIBLE FOR FLUCTUATIONS
IN COST FACTORS OR CHANGES DUE TO FINAL DESIGN. THESE ESTIMATES ARE FOR PRELIMINARY
INFORMATION ONLY.
C:\Users\ahan\Oesktop\Attachment 1 to Reimbursement Agreement
O'Day Consultants, Inc.
2710 Loker Avenue West
Suite 100
Carlsbad, CA 92010
(760) 931-7700
POINSETTIA LANE
IMPROVEMENT CONSTRUCTION ESTIMATE
Description
STORM DRAIN
Mobilization, Site Preparation , Establish Construction
Water (Not to Exceed 10% of Bid) -Complete
PaymenUPerformance & Labor/Materials Bond (Not to
Exceed 2% of Bid) -Complete
Erosion Control Establishment and Management
Required during Bridge Construction -Complete
24" RCP
18" RCP
18" RCP in Existing Poinsettia Lane -Including Sawcut
AC, AC Removal & Replacement, Concrete Removal &
Replacement, Shoring & Connection to Existing
8" Galvanized Steel Pipe
Clean Out -Type A-4
Catch Basin -Modified Type G
Curb Inlet (Type Bl -L=5'
Cus~ Inlet (Type B-1) -L=10' _
Wing Tvpe Headwall Type 1
Rip-Rap Type 1 Outlet with Mirafi Backing
Connect to existing SD
Traffic Control
15% Contingencies
PUBLIC SURFACE IMPROVEMENTS
Mobilization, Site Preparation , Establish Construction
Water (Not to Exceed 10% of Bid) -Complete
PaymenUPerformance & Labor/Materials Bond (Not to
Exceed 2% of Bid) -Complete
Erosion Control Establishment and Management
Required during Roadway Construction -Complete
Removals
Sawcut existing AC
A.C. Pavement removal
Grading -Grade received @ +/-0.5' foot of Subgrade
Delivered 0.1'
Unit Costs and
Quantity Unit Percent Allocation
42
728
75
3
3
2
4 -
4
162
15
98
490
LS
LS
LS
LF
LF
LF
LF
EA
EA
EA
EA
EA
SF
$
$
$
$
$
31,559.00 $
6,011.80 $
15,000.00 $
150.00 $
125.00 $
$ 250.00 $
$ 75.00 $
$ 9,550.00 $
$ 10,000.00 $
$ 6,500.00 $
$ 13,000.00 $
$ 9,500.00 $
$ 95.00 $
EA Included $
EA $ 7,500.00 $
% $ 353,160.80 $
STORM DRAIN TOTAL: $
LS $ 57,634.47 $
LS $ 11,526.89 $
LS $ 25,000.00 $
LF $ 75.00 $
SF $ 25.00 $
Grade for Curb Shelf
Backfill Curbs
_ ____ _ _1,422_ _ _L_F--+_$~_ --2.50 $
1.25 $
Grade & Balance Street Subgrade -Including
Scarification & Recompaction to 95%
Furnish, Deliver and Place Base Material -Grade
Area to be received @ 0.1'
6" Base Material Under Median Curb
12" Aggregate Base for Street Pavement Section
C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement
2,422 LF $
47,018 SF $ 1.75 $
2,422 LF $ 2.50 $
47,018 SF $ 2.40 $
9/10/2019
J.N.: 141018
Page 9 of 12
Total Cost
31,559.00
6,011.80
15,000.00
6,300.00
91,000.00
18,750.00
28,650.00
30,000.00
13,000.00
52,000.00
38,000.00
15,390.00
7,500.00
52,974.12
406,135
57,634.47
11,526.89
25,000.00
7,350.00
12,250.00
6,055.00
3,027.50
82,281.50
6,055.00
112,843.20
O'Day Consultants, Inc.
2710 Loker Avenue West
Suite 100
Carlsbad, CA 92010
(760) 931-7700
Description
Concrete Street Improvement Construction
6" Curb & Gutter (Type G)
8" Median Curb, (GS-18)
Asphalt Paving Street Improvement Construction
Construct 5" Asphalt Pavement --------------
6" AC Dike, Type A (per G-5)
Other Street Improvement Work
Siqninq & Stripinq
Street Centerline Monuments per M-10
Guard Rail, Metal Beam, Per M-30-38
Traffic Control
15% Contingencies
----
Unit Costs and
Quantity Unit Percent Allocation
-LF $ 28.00
2,422 LF $ 30.00
_ 47,_018 SF $ 3.75
-LF $ 10.45
1 LS $ 43,665.00
5 EA $ 2,000.00
100 LF $ 38.40
1 LS $ 15,000.00
15 % $ 645,506.06 --
PUBLIC SURFACE IMPROVEMENTS TOTAL:
BRIDGE IMPROVEMENTS
Mobilization, Site Preparation , Establish Construction
Water (Not to Exceed 10% of Bid) -Complete 1 LS $ 478,691.73
PaymenUPerformance & Labor/Materials Bond (Not to
Exceed 2% of Bid) -Complete 1 LS $ 99,754.35
Erosion Control Establishment and Management
Required during Bridge Construction -Complete 1 LS $ 50,000.00
Water Management Establishment & Management
Required during Excavation/Backfill Operations -
Complete 1 LS $ 50,000.00
Structure Excavation (Bridge) 1,344 CY $ 92.40
Structure Backfill (Bridge) 850 CY $ 118.80
30" Cast-In-Drilled-Hole Concrete Piling 642 LF $ 374.00
Prestressing Cast-In-Place Concrete 1 LS $ 116,600.00
Structural Concrete, Bridge Footing 423 CY $ 605.00
Structural Concrete, Bridge 1,340 CY $ 1,232.00
Structural Concrete, Bridge (Polymer Fiber) 692 CY $ 1,100.00
Structural Concrete, Approach Slab (Type N) 138 CY $ 863.50
Joint Seal (MR 2") 168 LF $ 119.90
Bar Reinforcing Steel (Bridge) 506,800 LB $ 1.50
12" Welded Steel Pipe Casing Bridge 60 LF $ 154.00
20" Welded Steel Pipe Casing Bridge 60 LF $ 253.00
Minor Concrete (Sidewalk) 40 CY $ 742.50
Miscellaneous Metal (Bridge) 2,130 LB $ 7.70
Concrete Barrier Type 90 1,266 LB $ 209.00
Pedestrian Rail with Curb 632 LF $ 286.00
Bridge Deck Drainage System 2,815 LF $ 7.70
Pedestrian Lighting 1 LS $ 25,000.00 ----------------
Utilities through Bridge Ducting 336 LF $ 300.00
Traffic Control 1 LS $ 75,000.00
15% Contingencies 15 % $ 5,566,163.38
BRIDGE IMPROVEMENTS TOTAL:
C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
9/10/2019
J.N.: 141018
Page 10 of 12
Total Cost
-
72,660.00
176,317.50
-
43,665.00
10,000.00
3,840.00
15,000.00
96,825.91
742,332
478,691.73
99,754.35
50,000.00
50,000.00
124,185.60
100,980.00
240,108.00
116,600.00
255,915.00
1,650,880.00
761,200.00
119,163.00
20,143.20
760,200.00
9,240.00
15,180.00
29,700.00
16,401.00
264,594.00
180,752.00
21,675.50
25,000.00
100,800.00
75,000.00
834,924.51
6,401,088
O'Day Consultants, Inc.
2710 Loker Avenue West
Suite 100
Carlsbad, CA 92010
(760) 931-7700
SURVEY
Description
2 man crew (prevailing wage)
Office Calculations
Project Management
GEOTECHNICAL
Construction Testing and Inspection
NOTE:
Unit Costs and
Quantity Unit Percent Allocation
78 HR $ 292.00
31.5 HR $ 144.00
15 HR $ 208.00
SURVEY TOTAL:
1 LS $ 50,000.00
GEOTECHNICAL TOTAL:
IMPROVEMENT CONSTRUCTION ESTIMATE TOTAL:
' '
$
$
$
$
$
$
$
9/10/2019
J.N.: 141018
Page 11 of 12
Total Cost
22,776.00
4,536.00
3,120.00
30,432
50,000.00
50,000
7,629,987
THESE ESTIMATES ARE BASED UPON PRELIMINARY PLANS WHICH HAVE NOT RECEIVED FINAL APPROVAL.
UNIT COSTS, IN SOME CASES, HAVE BEEN PROVIDED BY OTHERS.
THE ENGINEER MAKES NO REPRESENTATION CONCERNING THE ESTIMATED QUANTITIES. COST FIGURES
ARE ESTIMATES ONLY AND THE ENGINEER SHALL NOT BE RESPONSIBLE FOR FLUCTUATIONS IN COST
FACTORS OR CHANGES DUE TO FINAL DESIGN. THESE ESTIMATES ARE FOR PRELIMINARY INFORMATION
ONLY.
C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement
O'Day Consultants, Inc.
2710 Loker Avenue West
Suite 100
Carlsbad, CA 92010
(760) 931-7700
POINSETTIA LANE
ENVIRONMENTAL COST ESTIMATE
Unit Costs and
Description Quantity Unit Percent Allocation
ENDOWMENTS
ONSITE-KEVANE SITE 1 LS $ 690,595.00
OFFSITE -VETERANS PARK 1 LS $ 295,178.00
OFFSITE -AVIARA SITE 1 LS $ 435,460.00
ENDOWMENT TOTAL:
-··------------------------------
CREATION & SUBSTANTIAL RESTORATION
6.3 AC. SMC CREATION (B&TRESPONSIBLEFOR2.7AC) 1 LS $ 1,436,400.48
OTHERS 1 LS $ 253,482.44
RESTORATION (OFFSITE -VETERANS SITE) TOTAL:
ENVIRONMENTAL COST ESTIMATE TOTAL:
Total Cost
$ 690,595.00
$ 295,178.00
$ 435 460.00
$ 1,421,233.00
-------
$ 1,436,400.48
$ 253,482.44
$ 1,689,882.92
$ 3,111,116
* PLEASE NOTE THIS IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL COSTS FOR REIMBURSEMENT ARE
SUBJECT TO REVIEW AND AUDIT AS STATED IN THE REIMBURSEMENT AGREEMENT. FURTHERMORE, A
SEPARATE CONTRACT WILL BE ESTABLISHED FOR SUBSTANTIAL RESTORATION AND CREATION, OF
WHICH APPLICABLE PERCENTAGE WILL BE APPLIED TO ARRIVE AT REIMBURSEMENT AMOUNT FOR 2.7
AC. SMC HABITAT.
NOTE:
THESE ESTIMATES ARE BASED UPON PRELIMINARY PLANS WHICH HAVE NOT RECEIVED FINAL APPROVAL.
UNIT COSTS, IN SOME CASES, HAVE BEEN PROVIDED BY OTHERS.
THE ENGINEER MAKES NO REPRESENTATION CONCERNING THE ESTIMATED QUANTITIES. COST FIGURES
ARE ESTIMATES ONLY AND THE ENGINEER SHALL NOT BE RESPONSIBLE FOR FLUCTUATIONS IN COST
FACTORS OR CHANGES DUE TO FINAL DESIGN. THESE ESTIMATES ARE FOR PRELIMINARY INFORMATION
ONLY.
C:\Users\ahan\Desktop\Attachment 1 to Reimbursement Agreement
$
$
$
$
9/10/2019
J.N.: 141018
Page 12 of 12
B&T#2
Reimbursable
Costs
131,213
56,084
82,737
270,034
------
$ 617,652 .
$ -.
$ 617,652
LENNAR HOMES OF CALIFORNIA, INC.
CERTIFICATE OF INCUMBENCY
SEPTEMBER 13, 2019
The undersigned, Mark Sustana, as the duly elected, qualified and acting Secretary of
Lennar Homes of California, Inc., a California corporation (the "Corporation"). hereby certifies
that:
Jeremy Parness is a duly elected, qualified and acting Vice President of
the Corporation, serving continuously in such capacity since his election on
June 25, 2015. He is incumbent in such office as of the date hereof and is
authorized to execute and deliver any and all legally binding documents on
behalf of the Corporation.
Brian Bencz is a duly elected, qualified and acting Vice President of the
Corporation, serving continuously in such capacity since his election on
September 10, 2019. He is incumbent in such office as of the date hereof
and is authorized to execute and deliver any and all legally binding
documents on behalf of the Corporation.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Incumbency
on behalf of the Company effective as of the date first written above.
STA TE OF FLORIDA
COUNTY OF MIAMI-DADE
Sworn to and subscribed before me this 13th day of September 2019, by Mark Sustana,
Secretary of Lennar Homes of California, Inc., a California corporation, on behalf of the
Corporation. He is personally known to me and did not talce an oath.
•"~"'~ CHARLES GAMBLE /Jtii!> ~\ MY COMMISSION# GG 037920 ~ ~ EXPIRES: November 7,202.0 ·< 0, ; • .:i,o/ Bondld TIYu Notary PlblC UndllWllllr1 ,, ..... ,,., N(;;(i:Ll~
State of Florida