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HomeMy WebLinkAbout1979-08-21; City Council; 5958; Reimbursement Agreement Pacesetter HomesCITY OF CARLSBAD Initial: AGENDA BILL NO DATE: DEPARTMENT: v5 7 v5~"<7 August 21, 1979 Engineering HoiUCj C. C. Dt. Hea Atty Mgr. dp C M fA\j 1 j J tv J SUBJECT: PACESETTER HOMES - CT72-18, UNIT 2 REIMBURSEMENT AGREEMENT STATEMENT OF THE MATTER On February 6, 1974, representatives from Roy L. Klema, Engineers, Inc., met with City staff to discuss the sizing of water mains to serve CT72-18. It was agreed that the water main in Hillside Drive would be 16" rather than the standard 8". In accordance with Carlsbad City Code, Section 14.24.070, the City agreed to con- tribute additional costs to construct the line in excess of 8". The developer has submitted a request for reimbursement and provided documentation to substan- tiate the request. The documentation is based on actual bid prices for the vari- j ous line sizes and fittings and has been verified by Engineering staff. Funds for reimbursement are available in the Unappropriated Water Operations Fund, Ac- count No. 51-000-0900. EXHIBITS A. Request from Pacesetter for reimbursement (July 25, 1979). B. Unit Costs/Invoices/Agreements for Construction of 16" water line (July 24, 1979) C. Resolution No.v^P£0 approving reimbursement of funds to Pacesetter Homes, Inc. for oversizing of water facilities. D. Resolution No.^Tjff / authorizing the transfer of funds from Account 51-000-0900 to Account 51-244-3970. RECOMMENDATION If Council concurs, adopt Resolution No.cfy^Q and Resolution Council Action: 8-21-79 Council adopted Resolution 5890, approving reimbursement of funds to Pacesetter Homes, Inc., for oversizing of water facilities; and adopted Resolution 5891, authorizing the transfer of funds in order to reimburse Pacesetter Homes, Inc., for oversizing of water facilities. 1200 ELM AVENUE • j^T .• TELEPHONE: CARLSBAD, CALIFORNIA 92008 W^JffVM (714)729-1161 Cit? of Cartebafc August 1, 1979 Houston General Insurance Company 840 North Third Street Milwaukee, Wisconsin 53203 Re: CARLSBAD TRACT 72-18, Unit No. 2 PACESETTER HOMES The Notice of Completion for the above-referenced project, a copy of which is enclosed, having recorded June 8, 1979, we are releasing Seventy-Five (75%) Percent of the following bonds: 1. Faithful Performance, Bond No. 40918 in the amount of $57,000, issued December 28, 1972. 2. Faithful Performance, Bond No. 40922 inthe amount of $700, issued January 3, 1973. 3. Faithful Performance, Bond No. 49023 in the amount of $750, issued January 3, 1973. The remaining Twenty-Five (2570) Percent of the aforementioned bonds will be retained for a period of one (1) year from the date of recordation of Notice of Completion, and will be released June 8, 1980. The Labor & Materials portions of the subject bonds are to be retained for a period of six (6) months from.date of recorda- tion and—will be released December 8, 1979. DACK MURPH (Deputy City Clerk cc: Pacesetter Homes, Inc. 4540 Campus Drive /\UG 4 1979 Newport Beach, CA 92660 J. E. GRONOWSKI ATTORNEY AT LAW HOMES, INC. 4540 CAMPUS DRIVE • NEWPORT BEACH, CALIFORNIA • PHONE 546-88OI July 24, 1979 City of Carlsbad 1200 Elm Avenue Carlsbad, California ATTENTION: Les Evans, City Engineer RE: PACESETTER HOMES, INC. Tract 72-18.3 Water System Reimbursement Dear Les: Enclosed for your review are the revised unit costs for the above referenced project. As I stated in our previous conversations, the original contract was lump sum and included all sewer, water and storm drain improvements. The separate totals for each were as follows: Sewer System $25,000.00 Water System 58,000.00 Storm Drain 9,500.00 LUMP SUM TOTAL $92,500.00 The two invoices attached reflect 95% ($87,875) and 5% retention ($4,625) to the original contract amount. We hope this information will be helpful and that the reimbursement will be forthcoming. Very truly yours, __ PACESETTER < RECEIVED Rapnae Project Manager 1 I'1' 2 6 1979 OTR!nb CITY OF CARLSBAD Engineering Department INVOICE *CWCN COM*THUCTIOH I»C LINC COMSTMUCTIOM tQl*ll»MCMT HCMTAL,* Hon Sjubbarb Contracting ENGINEERING CONTRACTOR YARD AND OFFICE -46 ENCINITAS BLVD. P. O. BOX 577 ENCINITAS, CALIF. 92024 N9 616G ORDER OR P.O. * DATE IHIOPED JOB NO.ORDER NO. $87,875.00 INVOICE DATEJune 6, 1975 Pacesetter Homes 4540 Campus Drive Newport Beach, California 92660 Tract 72-18.3 Carlsbad SHIP TO. DESCRIPTION Progress Estimate Sewer Complete Storm Drain Complete Water Complete Total Due AMOUNT RATE TOTAL 23,125.00 9,250.00 55,500.0 87,875.00 NOTICE N. 'i- iHf MECHANICS' LIEN LAW (CALIFORNIA CODE Of CIVIL PROCEDURE. SECTION 1161.AT SEO.) ANY CONTRACTOR. SUBCONTRACTOR, LABORER, SUPPLIER OR OTHER PERSON* ,: .- -,' iVfSiOVf YOUR PROPERTy BU7 ,j NOT PA10 FOR Mls WORI( OR SuppL|ES. HAS A R«GHT TO ENFORCE A CLAIM AGAINST YOUR PROPERTY. THIS ME ANS THAT. AFTER A COl -, .! ..,, S0"P fXOPERTY COULD BE 40LD BY A COURT OFFICER AND THE PROCEEDS Of ,tHE SALE USED TO SATISFY THE INDEBTEDNESS, THIS CAN HAPPEN EVEN IF YOU HAVE ft •O » P«r>- rOS'fcACTOR IN FULL, IP THE SUBCONTRACTOR, LABORER, OR SUPPLIER REMAINS UNPAID." 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 IV 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5890 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING REIMBURSEMENT OF FUNDS TO PACESETTER HOMES, INC., FOR OVERSIZING OF WATER FACILITIES WHEREAS, Pacesetter Homes, Inc. hereinafter referred to as Subdivider, was required to construct water line improvements in Hillside Drive by the tentative map conditions for CT 72-18, Unit 2, approved by Resolution No. 2047; and WHEREAS, City required Subdivider to oversize such water im- provements from 8-inch diameter to 16-inch diameter; all such oversizing being to the benefit of other properties not owned by Subdivider; and WHEREAS, City agreed to participate in said oversizing as required by ordinance; and WHEREAS, Subdivider has installed and constructed water line improvements in Hillside Drive, such improvements generally ex- tending easterly from Park Drive, and the location and details of such installation and construction were in accordance with de- tailed plans identified as Drawing No. 167-5 (Sheet 2) on file in the office of the City Engineer; and WHEREAS, Subdivider has paid for the cost of such oversizing as shown on the attached itemized cost estimate, marked Exhibit A and incorporated by reference herein; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The above recitations are true and correct. 2. The City Council hereby approves reimbursement in the amount of $13,908.25 for the construction costs expended by 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 Pacesetter Homes, Inc., to oversize said water line. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 21st day of August , 1979, by the following vote, to wit: AYES: NOES: ABSENT: Councilmen Packard, Skotnicki, Anear and Councilwoman Casler None Councilman Lewis RONALD C. PACKARD, MAYOR ATTEST: \_4_-*^-*_-*-f vr*— -\ • If I (Jj(s^ —-»^ • -J ^- — w«>- /• K- ALETHA L. RAUTENKRANZ7 CITY CLER (SEAL) -2- EXHIBIT "A" PACESETTER HOMES, INC Tract 72-18 (Unit 2) WATER SYSTEM COST ANALYSIS ITEM ACP VALVES TEES CAP $ BLOWOFF QUANTITY 1,065 L.F. 2 EA. 1 EA. 1 EA. 16" MAIN 14.76/L.F. 2,199.00/EA. 379.00/EA. 420.00/EA. 8" MAIN 5.51/L.F. 353.00/EA. 149.00/EA. 285.00/EA. DIFFERENCE 9.25 $1,846.00 230.00 135.00 TOTAL $9,851.25 $3,692.00 230.00 135.00 REIMBURSEMENT TOTAL $13,908.25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5891 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE TRANSFER OF FUNDS IN ORDER TO REIMBURSE PACESETTER HOMES, INC., FOR OVERSIZING OF WATER FACILITIES BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the transfer of Thirteen Thousand Nine Hundred Nine Dollars ($13,909.00) from the Unappropriated Water Operations Fund to the Water Transmission and Distribution Lines is hereby author- ized and approved. 2. .That the Department of Finance Fund Transfer No. 4 on file in said department and incorporated by reference herein is approved. ' ' PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 21st day of August > 1979, by the following vote, to wit: AYES: NOES: ABSENT: Councilman Lewis Couniclmen Packard, Skotnicki, Anear and CounciIwoman Casler None RONALD C. PACKARD, MAYOR ATTEST: . 4^ • -> - -,A tfeTOAL" RAUT ENKRANIZ',C IT Y C L E$K (SEAL)