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HomeMy WebLinkAbout1987-08-18; City Council; 8743-1; Elm AV improvements contractAWARD OF CONTRACT FOR CONSTRUCTION JITG.o8/ls/s7 RECOMMENDED ACTION: Adopt Resolution No. ?'e3 accepting bids, awarding Contract No. 3230 for the construction of street improvements to Elm Avenue, east of El Camino Real, approving a Memorandum of Agreement. between the City and property owners regarding acquisition of required right-of-way, and accepting a grant deed of fee and easement interests required for the project. ITEM EXPLANATION: On April 28, 1987, the Carlsbad City Council authorized the advertisement of bids for the construction of street improvements to Elm Avenue east of El Camino Real, Project No. 3230. Six (6) sealed bids were received on June 22, 1987 as follows: 1. Southland Paving, Inc. 2. R. E. Hazard Contracting Company 3. P & H Contracting, Inc. 4. C. W. McGrath, Inc. 5. L. R. Hubbard Construction Company, Inc. 6. William J. Kirchnavy Construction, Inc. $324,642 336,139 387,795 389,120 41 5,640 458,890 The design engineer's estimate for the construction portion of this project is $383,000. References have been verified on the low bidder and staff recommends the award of this contract to Southland Paving, Inc. This project will complete the installation of ultimate street improvements to secondary arterial standards on Elm Avenue east of El Camino Real. The improvements will consist of the removal of approximately 40,000 cubic yards of material and the installation of curb and gutter, raised median, street lights, sidewalks, asphalt paving, landscaping and irrigation systems on the south side of Elm Avenue to connect with existing improvements west of Appian Road. The City retained Gerald S. Kibbey, MAI, and Associates to formally appraise necessary roadway and slope easement rights-of- way required to install the City's proposed improvements. The attached Memorandum of Agreement between the City and the adjacent private property owner approves a dedication of property to the City at no cost for the roadway portion of the improvements. The agreement also provides for the City to purchase slope and maintenance easements from the property owner for the appraised value of $14,000. The property owner will ! Page Two of Agenda Bill No. 87q3-1 provide to the City at no cost a temporary right of entry and use of the vacant parcel at the corner of Elm Avenue and El Camino Real as a staging and storage area for the City's contractor to facilitate a timely and efficient completion of the street improvements. Staff recommends approval of the attached Memorandum of Agreement for this project. FISCAL IMPACT: On April 28, 1987, the City Council eliminated the original $850,000 budget appropriation for this project from the General Capital Construction Fund. The Council appropriated this amount from the Traffic Impact Fee Fund, Northern Section, Fund No. 134, for the construction of this project. A summary of the estimated project costs is as follows: Project Construction Construction Contingencies (15%) Project Management, Inspection and Project Design Right-of-way Acquisition Appraisal Services, Soils Report, Soils Testing and Related Design Services $324,642 (est.) 48,696 (est.) 37,334 (est.) 26,283 14,000 Total Project Cost $460,955 (est.) Current Appropriations $850,000 Anticipated Avail able Balance $389,045 It should be noted that the City Council approved an agreement with the Foote Development Company on July 14, 1987 in which the developer will contribute $42,500 for the construction of these improvements as a condition of the Local Facilities Management Plan for Zone 2. Funds, when received, shall be deposited to the Traffic Impact Fee Fund, Northern Section, Fund No. 134. EXHI BI TS : 1. Location Map. 2. Resolution No. 9203 accepting bids, awarding Contract No. 3230 for the construction of street improvements to Elm Avenue east of El Camino Real, approving a Memorandum of Agreement between the City and property owners regarding acquisition of required rights-of-way, and accepting a grant deed of fee and easement interests required for the project. 3. Memorandum of Agreement. 4. Grant Deed. t t- .' 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. 9203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS, &WARDING A CONTRACT, APPROVING A MEMORANDUM OF AGREEMENT, AND ACCEPTING A GRANT DEED OF FEE AND EASEMENT INTERESTS FOR THE CONSTRUCTION OF STREET IMPROVEMENTS TO ELM AVENUE EAST OF EL CAMINO REAL WHEREAS, bids have been received by the City of Carlsbad for the construction of street improvements to Elm Avenue east. of El Camino Real, Project No. 3230; and WHEREAS, the low bid received for said project was submitted by Southland Paving, Inc. in the amount of $324,642; and WHEREAS, there are sufficient funds available in the project account No. 134-820-1840-3230 to award this contract; and WHEREAS, certain private property rights-of-way are required by the City of Carlsbad to enable installation of these improvements; and WHEREAS, the City of Carlsbad and the property owners have reached an agreement affecting the transfer of fee and easement interests for this project; 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. That the bid of $624,642 submitted by Southland Paving, Inc., Project No. 3230, for the construction of street improvements to Elm Avenue east of El Camino Real is hereby accepted. 3. That the Mayor and City Clerk are hereby authorized to execute a contract thereafter. c 1 2 3 4 8 9 10: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the Mayor and City Clerk are hereby authorized to execute the attached Memorandum of Agreement between the City of Carlsbad and Mr. and Mrs. Horace Felkins regarding the City's proposed improvements to Elm Avenue east of El Camino Real. 5. That the attached grant deed is hereby accepted and the City Clerk is directed to cause the recordation of said deed. 6. That the Director of Finance is authorized to approve a payment in the amount of $14,000 to the aforementioned property owners as compensation for the purchase of certain right -of-way interests. PASSED, APPROVED, AND AOOPTED at a regular meeting of the Carlsbad City Council held on the 18th day of August 9 1987 by the following vote, to wit: AYES: Council Members Lewis, Pettine, Mamaux and Larson WOES: None ABS EN T : Council Member Kulchin ATTEST: (SEAL) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO r 1 CITY OF CARLSBAD City Clerk 1200 Elm Avenue Carlsbad, CA 92008 .lam. iddress late L J r 1 MAIL TAX STATEMENTS TO lame tree1 >ddrel8 IlV e rate L J SPACE ABOVE THIS LINE FOR RECORDER'S USE CAT. NO. NN00582 Individual Grant Deed THIS FORM FURNISHED BY TICOR TITLE INSURERS TO 1923 CA 12-83) The undersigned grantor(s) declare(s): Docurnen tary transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( X) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Horace H. Felkins Jr. and Dolphine Felkins NONE hereby GRANT(S) to the City of Carlsbad the following described real property in the City of Carlsbad Countyof San Diego , State of California: See legal description designated as Exhibit "A, " attached hereto, and by reference made a part hereof. All as more particularly shown on a map designated as Exhibit "B," attached hereto, and by reference made a part hereof. -Dated: Ayoust 6, 1S&7 - - 19a. before me the undersigned. a STATE OF CALIFORNIA COUNTY OF Diego On this the -4~- day of and State. personally appeared ___- FOR NOTARY SEAL OR STAMP . personally known to me or proved to me on the basis of satisfactory evhjence to be the personc whose name Ss%bscnbed to the within instrument SAN DlEGO COUNT -_ q4$ Y' Signature of Notary EXHIBIT "A" LEGAL DESCRIPTION Those portions of Lot "J" of Rancho Agua Hedionda, located in the City of Carlsbad, County of San Diego, State of California, according to the Partition map thereof No. 823, filed November 16, 1886, in the Office of the County Recorder of said County and State, described as follows: PARCEL 1 BEGINNING at Point ''A" as described in an "Offer of Dedication" for Street and Highway purposes to the City of Carlsbad, recorded May 29, 1973 as File/Page No. 73-144263, of Official Records, records of said County and State, said point being the Easterly terminus of a curve concave to the South and having a radius of 558.00 feet, as described in said "Offer of Dedication", a radial line through said terminus bears North 5'39'58" East; Thence along the boundary of the land described in said "Offer of Dedication" through the following courses: North 5O39'58" East 40.00 feet to the beginning of curve concave Southerly and having a radius of 598.00 feet, a radial line through said curve bears North 5O39'58" East; thence Easterly and Southeasterly along said curve through a central angle 25'12'49" an arc length of 263.16 feet to a point on a line parallel with and distant 2.00 feet Southerly of the existing centerline of Elm Avenue (84.00 feet wide) ; Thence leaving the boundary of said land along said parallel line South 59'07'13" East 26.99 feet to a point on the Northeasterly boundary of the land as described in a deed to Horace H. Felkins, Jr. and Dolphine Felkins; recorded August 16, 1978 as File/ Page No. 78-347984, Official Records of said County and State; Thence along said Northeasterly boundary South 54'18'01" East 476.09 feet to the most Northeasterly corner of the land described in said deed,said point being on the Southerly line of said Elm Avenue (84.00 feet wide); Thence parallel with, concentric to, and distant 42.00 feet Southerly from the existing centerline of Elm Avenue through the following courses; North 59'07'13" West 501.40 feet to the beginning of a tangent curve concave Southerly and having a radius of 558.00 feet; thence Northerly and Northwesterly along said curve through a central angle 25'12'49" an arc length of 245.55 feet to the POINT OF BEGINNING. The above described parcel of land contains 0.476 acres. SHEET 1 OF 2 'I _- EXHIBIT "A" LEGAL DESCRIPTION PARCEL 2 An easement for slope and slope maintenance purposes on, over, under, across and through the following described land: That portion of the land described in said deed recorded as File/Page No. 78-347984, Official Records of Said County and State, bounded Northerly and Northeasterly by the Southerly and Southwesterly line of the above described Parcel 1, and bounded Southwesterly, Southerly, and Southeasterly by the following described line; BEGINNING at the above described Point "A"; thence South 45°00'00t' East 192.00 feet; thence South 65°00'00" East 30.00 feet; thence South 25°00100" East 75.00 feet; thence North 69°00'00" East 39.00 feet; thence South 60°00'00" East 284.00 feet; thence South 80°20'00" East 95.00 feet; thence North 73°39'10" East 94.79 feet to a point of terminus, said point being the most Northeasterly corner of the land described in said deed. The above described parcel of land contains 1.456 acres. A.P. NO. 167-090-24 FELKINS SHEET 2 OF 2 / \ \ b P T lrl m -I i u1 m m 0 m 2 r MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MR. AND MRS. HORACE FELKINS REGARDING THE CITY'S PROPOSED IMPROVEMENTS TO ELM AVENUE, EAST OF EL CAMINO REAL THIS MEMORANDUM OF AGREEMENT, made and entered into as of the day of , 1987, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as I'City,'' and Mr. and Mrs. Horace Felkins, hereinafter referred to as "Property Owners." WHEREAS, the City desires to acquire certajn right-of-way herejnafter described to facilitate the installation of certain street improvements along the south side of Elm Avenue east of El Camino Real; and WHEREAS, the aforementioned required right-of-way is owned by the above referenced Property Owners; and WHEREAS, the Property Owners seek certain assurances from the City which affect the remainder of the property not required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants cont.ained herein, City and Property Owners do hereby agree as follows: -2- 1. Property Owners do hereby grant in fee to the City at no cost the roadway portion of the right-of-way generally described as Parcel 'I in the attached grant deed with accompanying legal description and plat. Said grant deed is hereby incorporated by reference and made a part of this agreement. 2. Property Owners do hereby grant to the City for the sum of fourteen thousand dollars ($14,000) an easement in perpetuity for slope and slope maintenance purposes that portion of the right-of-way generally described as Parcel 2 in the attached grant deed with accompanying legal description and plat. The value of the slope and slope maintenance easement has been established in accordance with the valuation appraisal performed by Gerald S. Kibbey, MAI, and Associates, Incorporated. Said valuation appraisal is on file with City and is hereby incorporated by reference and made a part of this agreement. 3. It is understood between t.he parties to this agreement that Property Owners grant of fee and easement interests in said property is made in advance of City initiating eminent domain proceedings for the purposes of acquiring the aforementioned right-of-way for street and roadway purposes. 4. It is understood between t.he parties to this agreement that the City's acquisition of the aforementioned slope easement interest in the property shall not preclude Parcel 2 from inclusion in calculations of potential densities appropriate for future development of the remainder of the property. 5. It is understood between the parties to this agreement that the remainder of the property hereby identified as Assessor's Parcel No. 167-090-24, owned by the Property Owners shall be considered for future development purposes in its present existing condition. Effective the date of execution of this agreement, the City does hereby warrant against assertions by it of prior illegal or nonconforming grading as the property exists in its present form. Any and all future development of said property shall conform to ordinances, regulations, policies, and procedures of the City of Carlsbad in force and affect at the time of filing development plans with the City. 6. It is understood between the parties to this agreement that all costs associated with the City's proposed improvements to Elm Avenue east of El Camino Real shall be the sole responsibility of the City. The City does hereby warrant against claims or requests from the Property Owners for contributions, reimbursements, liens, encumbrances, or any other form of payment for the City's aforementioned proposed improvements. 7. The City does hereby hold the Property Owners harmless from any claims, liabilities, penalties, fines, or any damaqe to goods, properties, or effects of any person whatever resulting from or claimed to have been caused by, or resulting from, any -4- intentional or negligent acts, errors or omissions of City or City's agents, employees, representatives, contractors, or any other persons associated with the City's proposed improvements to Elm Avenue east of El Camino Real. The City does hereby agree to defend, indemnify, and save free and harmless the Property Owners against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the Property Owners on account of any of the foregoing liabilities. 8. Property Owners do hereby warrant against defects of title, including, but not limited to, any and all liens and encumbrances, in t.he aforementioned described property that would prevent a clear passage of title to the City in the form and quality sufficient to satisfy the intent of this agreement including the removal, release or subordination of any prior liens or encumbrances. 9. Property Owners do hereby grant to the City, its authorized agents, officers, employees, and contractors a temporary right of entry upon the entire property identified as Assessor's Parcel No. 167-090-24 for the purposes of facilitating construction of the City's proposed improvements to Elm Avenue east of El Camino Real. It is understood between the parties to this agreement that this right of entry will terminate upon the filing of the Notice of Completion for this project. The City hereby agrees to return any and all property used by a City contractor or other authorized representative to its pre-existing -5- condition following completion of installation of the aforementioned roadway improvements. 10. It is understood between the parties to this agreement that the terms, conditions, and obligations of this agreement shall be effective on and from the day and year first above written. IN WITNESS WHEREOF, we have hereunto set our hands and seals. PROPERTY OWNERS CITY OF CARLSBAD: APPROVED AS TO FORM: ATTESTED: City Attorney City Clerk