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HomeMy WebLinkAbout1986-01-21; City Council; 8483; Set Public Hearing for acquisition of Lando UJ oo:a.a. o (5 Oil OF CARLSBAD - AGENC BILL AB#_ 01/21/86MTG. DEP-& TITLE: SET PUBLIC HEARING FOR ACQUISITION OF LAND BY EMINENT DOMAIN PROCEEDINGS FOR JAMES DRIVE RECOMMENDED ACTION: By motion adopt Resolution No.setting a public hearing for the acquisition of the property by Eminent Domain Proceedings. ITEM EXPLANATION; On December 17, 1985, Council approved the formation of James Drive Assessment District and awarded the contract to construct James Drive. All of the property owners in the District were in favor of the 'formation of the District. In order to construct the curb returns and sidewalk on the Northeast corner of James Drive and Basswood Avenue, an acquisition of approximately 200 square feet of Stein's property is necessary. Since Stein's property is not in the Assessment District, efforts were made by the staff to acquire the necessary easement for the construction of curb return and sidewalk. However, we were unable to secure the easement. FISCAL IMPACT; All the costs of the condemnation will be reimbursed to the City through the sale of bonds for the Assessment District. EXHIBITS; 1 . Plat 2. Resolution No. £3S& setting a public hearing for the acquisition of the property by Eminent Domain Proceedings Oo LOCATION MAP OAK AV£. r PROJECT NAME JAMES DRIVE ASSESSMENT DISTRICT PROJ. NO. 3/35 EXHIBIT] / ADVERTISEMENT FOR BIDS City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Separate sealed Bids for the "CONSTRUCTION OF COLLEGE BOULEVARD IMPROVEMENTS FOR ASSESSMENT DISTRICT 85-2" consisting of: Schedule I - Grading and Improvements of College Boulevard, El Camino Real, Offsite Storm Drain, and Pressure Reducing Station Schedule II - Lake Calavera Hills Effluent Disposal Pipe Line will be received by the City of Carlsbad at the Purchasing Office of the City until 2 p.m., February 26, 1986, and then at the Council Chambers of the City will be publicly opened and read aloud. The Work and Improvements hereinafter mentioned are author- ized pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, and said project will be financed pursuant to bonds being issued according to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of said Code. The Contract Documents and additional information for bidders may be examined at the following locations: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Daily Construction Reporter 1815 Hancock Street San Diego, CA 92110 EGCA 315 Laurel San Diego, CA 92101 McGraw-Hill Dodge 8745 Aero Drive Suite 108 San Diego, CA 92123 San Diego Daily Transcript Construction Department P.O. Box 81669 San Diego, CA 92138 Copies of the Contract Documents may be obtained at the office of the City, located at the above-referenced address. There will be a $50.00 non-refundable payment for each set and an additional charge of five dollars ($5.00) to cover wrapping, handling, and cost of postage for each set of Contract Documents mailed. Schedule II plans are not antici- pated to be available until the week ending February 15, 1986. Schedule II plans will be mailed or otherwise delivered to all planholders at no additional cost when they become available. All required monies must accompany the request for the Contract Documents. Bidders on this Work will be required to comply with the President's Executive Order No. 11246 (Equal Employment Opportunity clause), as amended, California Labor Code 1410 et. seq., California Labor Code 1777.6, and implementry regulations concerning equal opportunity for Apprentices. The Contractor will be required to submit a certificate of insurance which indemnifies the Owner for any damage to any portion of the work resulting from fire, explosion, hail, lightning, water, flood, vandalism, malicious mischief, wind, collapse, riot, aircraft, or smoke. The Contractor may or may not be required to obtain insurance to indemnify the Owner for any damage to the work caused by earthquake and tidal wave. The price bid for this insurance will be considered when evaluating the bids and a determina- tion made at the time of award of the agreement as to whether or not the Contractor is to furnish such insurance. All of the above Work is to be done under contract with the District in accordance with those certain Plans, Specifica- tions and Drawings contained in a "Report" contemplated by a Resolution of Intention considered and approved by the Board of Directors, to which "Report" and documents reference is hereby made for a description of said Work and Improvement. Progress payments will be made in cash to the Contractor in accordance with the provisions of the Specifications and on itemized estimates duly certified and approved by the Engineer submitted in accordance therewith, based on labor and materials incorporated in to said work during the pre- ceding month by the Contractor. The first progress payment will not be made until after delivery of bonds. All Bidders shall be required to hold their original bid prices, without change, for a period of one hundred twenty days (120 days) from the date bids are opened except to the extent relief is available pursuant to Public Contract Code, Section 5100 et. seq. If the Contract cannot be awarded within this one hundred twenty days (120 days) period for any reason, the time to award by be extended by mutual agreement between the Owner and each bidder. Bidders electing not to extend their original bids more than thirty days (30 days) following a request for extension by the owner shall be treated as withdrawing their bid and will not be considered in the final award. The Director of the Department of Industrial Relations has ascertained the general prevailing rate of per diem wages and the general rate for holiday and over-time work in the locality in which the work is to be performed for each craft or type of workmen needed to execute the Contract or Work as hereinafter set forth (see Labor Code 1770 et. seq.). Copies of rates are on file at the office of the Owner, which copies shall be made available to any interested party on request. The successful bidder shall post a copy of such determination at each job site. Attention is called to the fact that not less than the minimum salaries and wages shall be paid on this Project by all Contractors and Subcontractors. Pursuant to Section 1740 of the California Labor Code, Bidders are notified that the said wage rates shall be subject to modification to comply with revisions in Federal Minimum Wage Schedules without necessity of republication. Each Bid or Proposal shall be made out or submitted on a form furnished as part of the Contract Documents, and must be accompanied by cash, a cashier's check, or a Bidder's Bond, in an amount not less than ten (10) percent of the amount of the Bid, made payable to the order of the Owner, and each Bid or Proposal shall be sealed and filed with the Owner at or before the time stated in this notice. The cash, check or bond shall be given as a guarantee that the Bidder will enter into a contract with the Owner if awarded the work, and will be declared forfeited if the successful Bidder refuses to enter into said contract. A Payment Bond and a Contract Performance Bond (on the required form) , each in the amount of one hundred (100) percent of the Contract Price, shall be required by the successful Bidder. Pursuant to Government Code §4590, the Contractor may substi- tute equivalent securities for retention amounts which this Contract requires. However, the Owner reserves the right to solely determine the adequacy of the securities being pro- posed by the Contractor and the value of those securities. The Owner shall also be entitled to charge an administrative fee, as determined by Owner in its sole discretion, for substituting equivalent securities for retention amounts. The Contractor agrees that the Owner's decision with respect to the administration of the provisions of §4590 shall be final and binding and not subject to subsequent litigation or arbitration of any kind as to acceptance of any securities being proposed, the value of these securities, the costs of administration and the determination of whether or not the administration should be accomplished by an independent agency or by the Owner. The Owner shall be entitled, at any time, to request the deposit of additional securities of a value designated by Owner, in Owner's sole discretion, to satisfy this requirement. If the Owner does not receive satisfactory securities within twelve (12) consecutive days of the date of the written request, Owner shall be entitled to withhold amounts due Contractor until securities of satis- factory value to Owner have been received. Pursuant to Section 6707 of the California Labor Code, the cost of sheeting, shoring and bracing of trenches shall con- stitute a separate bid item under these Contract Documents. The Owner reserves the right to reject any and all Bids, and to waive any and all informalities, irregularities or defects in any Bid. BY ORDER OF CITY COUNCIL OF THE CITY OF CARLSBAD. Dated:J. /^^„-.. 1 RESOLUTION NO. 8356 2 "" RESOLUTION OF THE CITY COUNCIL OF THE 3 CITY OF CARLSBAD, CALIFORNIA, SETTING TIME AND PLACE FOR PUBLIC HEARING ON 4 ADOPTION OF RESOLUTION OF NECESSITY TO ORDER ACQUISITION BY EMINENT DOMAIN 5 PROCEEDINGS 6 WHEREAS, the CITY COUNCIL of the CITY OF 7 CALIFORNIA, is conducting proceedings for a special 8 district pursuant to the terms and provisions of the 9 Improvement Act of 1913", being Division 12 of the Si 10 Highways Code of the State of California, for the const 11 certain public works of improvement, together with app 12 and appurtenant work frr corrnectiorr therewith, frrcludin 13 tion where necessary; said special assessment districl 14 ASSESSMENT DISTRICT NO. 83-2 (JAMES DRIVE) 15 (hereinafter referred to as the "Assessment District");16 WHEREAS, said under said special assessment disi17 ceedings, it will be necessary that certain right-of-wa18 tion be made in order to accomplish the construction of the works 19 of improvement as proposed, and at this time this City Council is 20 desirous of setting a time and place for a public hearing on the21 adoption of a Resolution of Necessity relating to the22 way and/or easements not yet acquired for the pr23 improvements in said Assessment District; and,24 WHEREAS, there has been presented for conside25 proposed Resolution of Necessity to Exercise the Right26 Domain relating to this Assessment District, a copy o27 on file with the transcript of these proceedings.28 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That certain riqht-of-way acquisition is neces- sary for the accomplishment of the improvements as proposed for the Assessment District, said rights-of-way are as set forth and described in the proposed Resolution of Necessity to Exercise the Right of Eminent Domain, a copy of which is on file in the Office of the City Clerk, with an Exhibit attached thereto setting forth the proper and legal description of all rights-of-way to be acqui red. SECTION a. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 11TH DAY OF FEBRUARY, 1986, AT THE HOUR-OF 6:00 O'CLOCK P.M., IN THE COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS WHERE EASEMENTS OR R.IGHTS-OF-WAY ARE TO BE ACQUIRED, WILL HAVE AN OPPORTUNITY TO APPEAR AND TO BE HEARD ON THE MATTER OF THE ADOPTION OF THE RESO- LUTION OF NECESSITY TO EXERCISE THE RIGHT OF EMINENT DOMAIN TO ACQUIRE EASEMENTS AND RIGHTS-OF-WAY NECESSARY FOR THE PROPOSED IMPROVEMENTS II* THE ASSESSMENT DISTRICT. ALL PERSONS OBJECTING TO THE PUBLIC INTEREST AND NECESSITY FOR THE PROJECT AND THE DETERMI- NATION AS TO WHETHER OR NOT THE PROJECT IS PLANNED OR LOCATED IN THE MANNER WHICH WILL BE MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD, AND THE NECESSITY FOR THE PROPERTY TO BE ACQUIRED, SHOULD BE PRESENT AT SAID TIME AND PLACE. PURSUANT TO SECTION 1245.235 OF THE CODE OF CIVIL PROCEDURE, THE FAILURE TO FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD WITHIN FIFTEEN (15) DAYS AFTER THE MAILING OF THIS NOTICE WILL RESULT IN A WAIVER OF THE RIGHT TO APPEAR AND BE HEARD. 1 SECTION 4. That for further particulars, reference is made *o to the proposed Resolution of Necessity, with the Exhibits O attached thereto, as on file in the Office of the City Clerk, and to Section 1245.235 of the Code of Civil Procedure and related5 Sections thereto.6 PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on the 21st day of January , 1986, by8 " the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None11 ABSENT: None 12 ' 13 MARY H. //ASLER", 14 ATTEST: 15 ALETHA I. RAUTENKRANZ, City CTJsrk 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28