HomeMy WebLinkAbout1987-10-20; City Council; 7612-5; Notice of Completion Cynthia Lane ADc
Cl- OF CARLSBAD - AGENT- BILL
AB# 7dd?-“5 TITLE: NOTICE OF COMPLETION FOR THE
MTG10/20/87 CONSTRUCTION OF THE . CYNTHIA LANE ASSESSMENT DISTRICT
DEPT.MP
RECOMMENDED ACTION:
Adopt Resolution No. accepting the construction of the 926 6 : Cynthia Lane Assessment District, Project No. 3161, as complete, directing the City Clerk to record the Notice of Completion, approving an agreement with the San Diego Gas and Electric Company for reimbursement to the City of certain project related costs, and authorizing the increase of Purchase Order No. 3094 $8,253.29 to reflect final project quantities and costs.
ITEM EXPLANATION:
On February 3, 1987, the City Council adopted Resolution No. 8960 accepting bids and awarding Contract No. 3161 for the construction of the Cynthia Lane Assessment District. Construction of these improvements which include full street improvements within the boundaries of the Assessment District have been satisfactorily completed. The final contract amount for the construction portion of this project is $134,660.29. No formal Change Orders were required for this project.
Engineering Department personnel are assembling all final project related costs for the Assessment District and will present the resolution confirming the assessment to the City Council at the required public hearing in the near future.
Attached is an agreement with the San Diego Gas and Electric Company formalizing the reimbursement to the District of certain project related expenses in the estimated amount of $1,643 for the undergrounding of utilities and gas line trenching performed by the City's contractor.
FISCAL IMPACT:
The City Council has previously appropriated at total of $244,000 for this project. A summary of the final project costs is as follows:
Project Design Construction Utility Installations Project Administration Construction Inspection Soils Compaction and Concrete Testing Assessment District Bond, Legal, and Incidental Costs
$ 37,ooo.oo 134,660.29 31,252.OO (est.) 10,239.46 (est.) 2,835.OO (est.) 962.00 (est.)
20.000.00 (est.)
Total Project Costs $236,948.75 (est.)
Current Appropriations $244.000.00
Remaining Project Balance $ 7,051.25
Page Two of Agenda Bill No. 7cPIZ-S-
EXHIBITS:
1. Resolution No. 9atL,6 accepting the construction of the Cynthia Lane Assessment District as complete.
2. Agreement between the City of Carlsbad and the San Diego Gas and Electric Company for the reimbursement of certain expenses to the Assessment District related to the project.
3. Location Map.
4. Notice of Completion.
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RESOLUTION NO. 9266
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, ACCEPTING THE CONSTRUCTION OF THE CYNTHIA LAND ASSESSMENT DISTRICT, PROJECT NO. 3161 AS COMPLETE.
WHEREAS, the City Council of the City of Carlsbad has
deemed it necessary and in the public interest to construct
certain street improvements associated with the Cynthia Lane
Assessment District, Project No. 3161; and
WHEREAS, the City Council of the City of Carlsbad has
previously awarded a construction contract for the
aforementioned project: and
WHEREAS, the City Council of the City of Carlsbad desires
to enter into an agreement with the San Diego Gas & Electric
Company for the undergrounding of certain utilities related to
this assessment district project; and
WHEREAS, the contractor for this project has
satasifactorily completed the installation of the improvements
for the aforementioned project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. The above recitations are true and correct.
2. That the Cynthia Lane Assessment District, Project
No. 3161 are hereby accepted and the City Clerk is directed to
record the Notice of Completion.
3. That the Purchasing Officer is hereby directed to
increase Purchase Order No. 3094 a total of $8,253.29 to reflect
final project quantities and costs.
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4. That an agreement between the City of Carlsbad and
the San Diego Gas & Electric Company related to certain
undergrounding of utilities required for this project is hereby
approved and the Mayor and City Clerk are hereby authorized and
directed to execute this agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Council held on the 20th day of October I
1987 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
q@i L. RAUTENRRANZ, Cit
(SEAL)
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*- l’Y OF CARLSBAD ASSESSMENT DIST -T NO. 3161
AGREEMENT
THIS AGREEMENT, made and entered into this .&s day of fle/ ,
1986, between the CITY OF CARLSBAD, a municipal corporation and the SAN DIEGO GAS &
ELECTRIC COMPANY, a California corporation.
RECITALS :
The CITY OF CARLSBAD (CITY) is now considering the formation of an
improvement district to be known as CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 3161 pursuant to the Improvement Act of 1913 (commencing with Section IOOOO), Streets and
Highways Code, as amended, for the purpose of constructing certain street and installing utility improvements including wires, pipes, conduits and other suitable or necessary appliances for the purpose of furnishing underground electric service and gas service to property within such district, herein called UNDERGROUND ELECTRIC FACILITIES AND GAS FACILITIES.
SAN DIEGO GAS & ELECTRIC COMPANY (UTILITY) is a public utility engaged in the
business of generating, purchasing, transmitting, distributing and selling electric
energy and gas service in portions of southern California.
The territory in which the work or improvement is contemplated is within the
area supplied with electric service and gas service by UTILITY as a public utility.
CITY and UTILITY desire to enter into agreement pursuant to Section 10110 of the Streets and Highways Code whereby UTILITY will furnish electric service by means of underground electric facilities and gas service to the lands within said assessment district.
NOW, THEREFORE, IT IS AGREED:
1. WORK TO BE PERFORMED. Exhibit I, entitled ‘Agreement for Utility Payment
to Applicant for installation of Gas Trench system and/or Electric Distribution System Required by Utility”, attached hereto, is incorporated herein by reference. Exhibit II, entitled “Agreement for Gas Extension To and Within New Subdivisions or Developments”, attached hereto, is incorporated herein by reference. Exhibit III,
entitled ‘Agreement for Underground Electric Extension Within New Residential
Subdivision’,attached hereto, is incorporated herein by reference. Exhibit IV,
entitled ‘San Diego Gas & Electric Underground Gas and Electric General Conditions for
Distribution and Service System Construction”, attached hereto, is incorporated herein
by reference. UTILITY hereby agrees to fulfil1 and perform the obligations required of
the party designated s “Utility” in Exhibits I, II, III & IV. CITY hereby agrees to
fulfil1 and perform the obligations required of the party designated as “Applicant” in Exhibits I, II, III d IV. The provisions of Exhibits I, II, III C IV constitute the
eain body of this agreement and bind CITY and UTILITY except insofar as the
responsibilities of the respective parties are altered by the additional terms and
conditions contained hereinafter.
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, 2. PROCEEDIKGS: .CITY shall initiate proceedings authorizing the
construction and inst, .ition of'the improvements, inc iing UNDERGROUND ELECTRIC . FACILITIES AND GAS FACILITIES. If the City Council confirms an assessment to pay the
cost and expenses of the improvements, and adopts a resolution ordering the
construction and installation, CITY shall establish a special improvement fund into
which shall be deposited all payments made upon any assessment and the entire proceeds of any bonds issued to represent unpaid assessments.
3. CONSTRUCTION OF UNDERGROUND ELECTRIC FACILITIES AND GAS FACILITIES. The
UTILITY will install these facilities in accordance with the plans and specifications.
UTILITY and CITY shall coordinate the work to be performed by UTILITY with the work to be done by the CITY's General Contractor for the Works of Improvement for the Assessment District. UTILITY hereby agrees that CITY may contract with a third party
or parties to perform the CITY's obligations under this agreement.
4. PAYMENT. CITY hereby agrees that UTILITY shall not be responsible for
rendering any services, making any payments, or performing any work required by Exhibits I, II, III and IV until CITY has paid the advances required by Exhibits II, III and IV. ?
5. NOTICE OF COMPLETION: TRANSFER OF TITLE. Upon completion by UTILITY of
installation and construction of the UNDERGROUND ELECTRIC FACILITIES AND GAS FACILITIES and the acceptance there by CITY, CITY shall file a Notice of Completion with the County Recorder and thereupon title to the UNDERGROUND ELECTRIC FACILITIES AND GAS
FACILITIES shall be vested in UTILITY and constitute part of its electrical and gas
system and shall thereafter be used, operated and maintained by it as part of its system.
6. AGREEMENT MADE PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913. This Agreement is made pursuant to the Municipal Improvement Act of 1913 and, in particular,
Section 10110 of the Streets and Highways Code. All payments required to be made by
CITY to UTILITY shall be payable solely and exclusively from the special improvement fund provided for in Section 2 hereof and that CITY shall not be obligated to make any such payments from any other funds or monies of said CITY. This agreement is subject
to the power of the City Council to abandon the proceedings at any time prior to the effective date of this Agreement. Except for the furnishing and supplying of the
UNDERGROUND ELECTRIC FACILITIES AND GAS FACILITIES plans, UTILITY shall not be
obligated to perform any of the work provided for in this Agreement until it becomes
effective.
7. EFFECTIVE DATE OF AGREEMENT. Pursuant to Section 10110, Streets and
Highways Code, this Agreement shall become effective after proceedings have been taken and work ordered, pursuant to the Municipal Improvement Act of 1913 and funds are available to carry out all of its terms. In the event the proceedings for the
formation of the special assessment district shall be abandoned, enjoined or held by a
court of competent jurisdiction to be illegally or improperly conducted, or if for any
reason the proceedings are not consummated, or if consummated and funds are not
sufficient or available, then this Agreement shall be terminated and any Agreement
between the parties shall be cancelled.
8. UTILITY RULES AND MODIFICATION BY PUBLIC UTILITIES COMMISSION. CITY
agrees to be governed by the UTILITY's applicable Rules on file with the California
Public Utilities Commission, which Rules are made a part hereof by reference, and a
copy of which will be furnished to City upon request. This agreement shall at all
times be subject to such changes or modifications as said Commission may, from time to
time, direct in the exercise of its jurisdiction.
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9. FUTURE ELECTRICAL SYSTEM EXTENSIONS AND SERVICES. Following completion of the system according to the hereinabove referred to plans, UTILITY shall construct all subsequent electrical and gas system extensions in accordance with its Rules then on file with and approved by the California Public Utilities Commission.
10. NOTICES. Any notice authorized or required by this
Agreement shall be deemed to have been sufficiently given if and when
sent by registered or certified mail, return receipt requested.
(a) To CITY, if addressed to:
(b) To UTILITY, if addressed to:
CITY OF CARLSBAD
1200 Elm Avenue Carlsbad, CA 92008
A.T. DAVIS, Vice President
San Diego Gas 6 Electric Company P.O. Box 1831
San Diego, CA 92112
11 WITNESS UHEHEOF, the parties hereto have caused this
agreement to be executed by their respective officers thereunto duly
authorised as of the date first above written.
ATTEST :
BY: CITY CLERK
SAN DIEGO GAS & ELE
BY:
81-0620 -3-
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LOCATION MAP
BUENA VISTA AVE. a
KNOWLES AVE.
\ \\\ % LEGEND I r 2 \z\\ \ -- - - ORIGINAL ASSESSMENT DISTRICT -- - REVISED ASSESSMENT DISTRICT
\fl\\\ lz@l BLOCKING STklP ’
123-466-78 ASSESSORS PARCEL NUM
STRATFORD LANE
. VICINsW MAP
N.T.S.
PROJECT NAME ’ PRO.!. NO. EXHIBIT
CYNTHIA LANE ASSESSMENT DISTRICT 3161 I
NOTICE OF COMPLETION
MUNICIPAL PROJECTS DEPARTMENT
To All Laborers and Interested:
YOU WILL PLEASE
Material Men and to Every Other Person
TAKE NOTICE that on Aucrust 7. 1987
the engineering project consisting of the Cynthia Lane
Assessment District on which William J. Kirchnavv
Construction, Inconorated was the contractor, and
Merchants Bondina Comnanv was the surety, was completed.
CITY OF C
ejects Manager
VERIFICATION OF CITY CLERK
I the undersigned, say:
I am the City Clerk of the City of Carlsbad; the City
Council of said City on o&Z&, do /W7 accepted the above
described work as completed and ordered that a Notice of
Completion be filed.
I declare under penalty of perjury that the foregoing is
true and correct.
Executed on R&Y& dl lfP7 at Carlsbad, California. J
CITY OF CARLSBAD
J City Clerk