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HomeMy WebLinkAbout1986-05-06; City Council; 8602; Advertise for bids approve Developer's Agreement4B# pd 02 MTG. 05/06/86 IEPT. ENG I I RECOMMENDED ACTION: TITLE: ADVERTISE FOH HIDS APPROVE DEVELOPER’S AGREEMENT FOR TRAFFIC SIGNALS AT INTERSECTIONS OF JEFFERSON AND LAS FLORES AND LAGUNA ClTYMGR. By motion, adopt Resolution No. f5-3’2 approving plans and specifications authorizing the City clerk to advertise for bids for the construction of traffic signals at the intersections of Jefferson/Laguna and Jefferson/Las Flores, Project No. 3210 and 3211 approving an agreement with the developer. ITEM EXPLANATION: Plans and specifications for the construction of the above traffic signals have been completed. These projects involve the construction of two traffic signals at the intersections of Jefferson/Las Flores and Jefferson/ Laguna. FISCAL IMPACT: The engineer’s estimate for the construction of the traffic signal at Jefferson and Las Flores isf60,OOO. Funds in the amount of $67,189.51 are available for this project. The construction costs for Jefferson and Laguna traffic signal are also estimated at $60,000. Fifty percent (50%) of the construction costs of this signal will be borne by the City; the remaining fifty percent (50%) of the construction costs will be borne by the developer (Income Property Group) as a condition of approval of his project on Jefferson. The sum of $35,000 was appropriated in the 1985-86 Capital Improvement Program for the City‘s share of this project. The developer has deposited monies in the amount of $35,000 for the construction of Jefferson and Laguna traffic signal. EXHIBITS: 1. Location Map. 2. Resolution No. r53 a approving plans and specifications authorizing the City Clerk to advertise for bids for the construction of traffic signals at the intersections of Jefferson/Laguna and Jefferson/Las Flores, Projects No. 3210, 3211 and approving an agreement with the developer. 3. Reimbursement Agreement. LOCATION MAP LEGEND SIGNAL-JEFFERSON ST. & LAS FLORES PROJECT N4ME 1 - LOCATION MAP 2 >- w a Y J LAGUNA t- I DRIVE PROJECT NAME PROJe NO* EXHIBIT SIGNAL-JEFFERSON ST. & LAGUNA DR. I3210 I I .. I i 7 4 f t 7 € s 1c 11 12 1: 14 If 1E 11 le 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8532 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS: AUTHORIZING THE CITY CLERK TO INVITE BIDS, AND APPROVE AN AGREEMENT WITH DEVELOPER - CONTRACT NOS. 3210 and 3211 WHEREAS, the City Council of the City of Carlsbad has determined it is necessary and in the public interest to construct the Jefferson/Las Flores and Jefferson/Laguna signal; and WHEREAS, plans and specifications for the furnishing of all labor, material, tools, equipment, transportation, and other expenses necessary or incidental for said project, Contract Nos. 3210 and 3211, have been prepared and are on file in the Engineering Department of the City of Carlsbad and are incorporated by reference herein; WHEREAS, developer (Income Property Group) will participate in the construction of Jefferson and Laguna signal; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The plans and specifications as presented are hereby approved. 3. The City Clerk of the City of Carlsbad is hereby authorized and directed to proceed to publish, in accordance with law, Notice to Contractors inviting bids for the construction of the traffic signals in accordance with the plans and specifications hereinabove referred to. 4. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute an agreement on behalf .. 1 2 3 4 5 6 7 8 9 10 11 1; 1: 14 1: 1E 17 1E 1s 2c 21 2% 23 24 25 26 27 28 of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 6th day of &y 9 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST: Y A d @?a&*& t .;- ASLER, Mayor Y A d @?a&*& t .;- ASLER, Mayor ALETHA L. RAUTENKRANZ, City Clerk ( SEAL) RECORDING REQUESTED BY AND 1 WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carlsbad, CA 92008 1 REIMBURSEMENT AGREEMENT FOR PUBLIC IMPROVEMENTS -THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City" and Villas de Carlsbad, A California Limited Partnership, hereinafter referred to as "Property Owner. WHEREAS, Property Owner has applied to City for approval of Conditional Use Permit No. 255; and WHEREAS, Resolution No. 7909 conditionally approving Conditional Use Permit No. 255 in Condition No. 37 required the Property Owner to pay for one-half (1/2) the cost of a traffic signal at the intersection of Laguna Drive and Jefferson Street prior to issuance of any building permit for the project; and c WHEREAS, City has estimated the Property Owner's share of the cost of the traffic signal at $35,000; and WHEREAS, Property Owner, in consideration of the approval of the Project has deposited with the City an amount equal to $35,000; and WHEREAS, Property Owner desires to enter into this agreement to establish a means of reimbursement should the actual construction cost of the signal be less than the estimated cost of the signal; and WHEREAS, City desires to enter this agreement to establish a means of reimbursement should the actual construction cost of the signal be greater than the estimated cost of the signal. NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: SECTION 1: - That the .above recitations are true and correct. SECTION 2: After plans and specifications are provided and approved, by the City and as soon thereafter as practicable, City shall commence construction and diligently pursue to completion the traffic signal in conformance with said plans and specifications. The means for any manner of said construction shall be at the sole discretion of City. SECTION 3: Upon completion and acceptance of the traffic signal construction, the City Council of the City shall determine the total costs to be paid by Property Owner based on the final amount City paid to the traffic signal contractor, plus the costs of contract administration and inspection. City shall provide Property Owner with an audited accounting -2- of the total traffic signal costs setting forth the amounts paid for materials and labor, which audit shall be approved by the City Manager. Said audit shall be given to Property Owner at the time of completion and acceptance of the traffic signal construction. Property Owner shall pay one-half of the total construction cost. SECTION 4: If the total cost to be paid by the Property Owner as determined by Section 3 above exceeds $35,000, the Property Owner shall reimburse the City for the Property Owner's share in excess of $35,000 plus simple interest at an annual rate of ten percent (10%) from the date of completion and acceptance by City until the money is repaid by the Property Owner. SECTION 5: If the total cost to be paid by the Property Owner as determined by Section 3 above is less than $35,000, the City shall reimburse the Property Owner the difference between $35,000 and the Property Owner's share plus simple interest at an annual rate of ten percent (10%) from the date of completion and acceptance by City until the money is repaid by the City . SECTION 6: City agrees that execution of this agreement shall constitute full satisfaction of Property Owner's ob1 igation to City under Condition No. 37- of Resolution No. 7909 approvf ng Conditional Use Permit No. 255. SECTION 7: In the event of any legal action or proceeding brought by either party against the other to enforce or interpret any provision of -3- .- this agreement, the prevailing party shall be entitled to recover the fees of its attorneys plus court costs as well as all fees and costs associated with an appeal until final determination. Dated : , 1986. VILLAS DE CARLSBAD, LTD CITY OF CARLSBAD RY H. CASLER, Mayor APPROVED AS TO FORM: ATTEST: -4-