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
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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.
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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.
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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
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CITY OF CARLSBAD
City Clerk 1200 Elm Avenue
Carlsbad, CA 92008
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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
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- 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
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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
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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:
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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
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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
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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