HomeMy WebLinkAbout1988-08-23; City Council; 9611; AGREEMENT WITH CARLTAS APPROVAL OF CHANGE ORDER NO. 1 FOR PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT*
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MTG. 8/23/88 AGREEMENT WITH CARLTAS AND APPROVAL cln~4
DEPT. MP AIRPORT ROAD WEST ASSESSMENT DISTRICT CITY MGR-y
RECOMMENDED ACTION:
Adopt Resolution No. ffa3'' approving an agreement with the
Carltas Company for modifications to the Palomar Airport Road West Assessment District and approving project change order number 1.
Adopt Resolution No. ff-dkJordering changes and modifications in
proceedings and assessments for the Palomar Airport Road West
Assessment District.
ITEM EXPLANATION:
On July 19, 1988, the City Council adopted Resolution No. 88-250 awarding the construction contract for the Palomar Airport Road
West Assessment District, Project No. 3151. An element of the construction bid package, referred to as '!Bid Alternate No. 1," includes construction items to lower the roadway elevation approximately five (5) feet at the west end of the project fronting property owned by the Carltas Company. Bid Alternate
No. 1 was not awarded on July 19, 1988 to the contractor since Carltas had not reached a decision whether it wished to assume additional construction and related costs for this alternate
item. Lowering the roadway elevation on Palomar Airport Road in
this area offers improved roadway geometrics, reduces future
grading requirements and reduces potential impacts on valuable
riparian habitat. Reduced grading requirements will limit roadway impacts due to import of excessive fill material for
future development.
The attached agreement between the City, as administrators offl the
Palomar Airport Road West Assessment District, and Carltas provides for the modifications to the project scope and Carltas'
agreement to the additional assessed value. This amount is estimated at $484,329.64 of construction items and $134,226.73
of related assessment district costs required to administer this
item including bond discount, reserve fund and capitalized
interest expenses. All costs related to this change are assessed
solely to Carltas and shall not be the obligation of the City or other District property owners. Also attached is the Consent and
Waiver request of Carltas agreeing to the modified preliminary assessment as required under the provisions of the Municipal
Improvement Act of 1913. Staff recommends approval of the attached City-Carltas agreement.
Project change order number 1 to the construction contractor in
the amount of $484,329.64 reflects the modifications to the construction scope as agreed to by the City-Carltas agreement. Staff recommends approval of the attached project change order.
OF CHANGE ORDER NO. 1 FOR THE PALOMAR
. (I) 0
Page Two of Agenda Bill No. qLly
FISCAL IMPACT:
All costs associated with change order number 1 are the sole responsibility of the Carltas Company as indicated in the
attached agreement and shall be assessed to this property owner
upon completion of the project through the assessment process.
EXHIBITS :
1. Resolution No. ff’fbi approving an agreement between the City of Carlsbad and the Carltas Company for the Palomar Airport Road West Assessment District and approval of project change order number 1.
2. City of Carlsbad-Carltas Company agreement.
3. Change order number 1.
4. Resolution No. ffd/Z ordering changes and modifications in
proceedings and assessments in a special Assessment District pursuant to the Municipal Improvement Act of 1913.
5. Assessment District modifications Consent and Waiver
request.
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RESOLUTION NO. 88-311
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH THE CARLTAS COMPANY AND APPROVING CHANGE ORDER NUMBER 1 FOR THE PALOMAR AIRPORT ROAD
WEST ASSESSMENT DISTRICT, PROJECT NO. 3151
WHEREAS, the City of Carlsbad, acting as administrato
of the Palomar Airport Road West Assessment District, h
previously awarded a construction contract for said Distric
and
WHEREAS, the Carltas Company is a participant,
property owner, in said District; and
WHEREAS, the City of Carlsbad and the Carltas Compa
hereby desire to modify the construction scope of work in mutu
benefit; and
WHEREAS, the City Council of the City of Carlsbad here
finds it necessary, desirable and in the public interest
accomplish said modifications.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
I 1. That the above recitations are true and correct.
2. That an Agreement between the City of Carlsbad a
the Carltas Company is hereby approved and the Mayor and Ci
Clerk are hereby authorized and directed to execute sa
Agreement. Following the Mayor's signature of said Agreemer
the City Clerk is further authorized and directed to forwa
copies of said Agreement to the Carltas Company and t
Municipal Proj ects Department.
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3. That Project Change Order Number 1 is heret
approved and the Mayor is hereby authorized and directed t
execute said Change Order. Following the Mayor's signature c
said Change Order, the City Clerk is further authorized ar
directed to return the original of this Change Order to tk
Municipal Project Department for processing.
4. That the Purchasing Officer is hereby authorized ar
directed to increase the assigned purchase order for thi
project in the amount of $484,329.64.
5. That the City Council does hereby appropriate to tl
Project Account No. 3151 all City contributions in the amount (
$3,334,755, and all bond sale proceeds in the amount (
$5,339,028.
PASSED, APPROVED AND ADOPTED by the City Council of tl
23rd day ( City of Carlsbad at its regular meeting held on the
August , 1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Mamaux and Pettine
NOES: None
ABSTAIN: Council Memb
ABSENT: None
i
I C'fiAUDE A. %EWIS, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, Cit$ Clerk
(SEAL)
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MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP,
REGARDING THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT
THIS MEMORANDUM OF AGREEMENT, made and entered into as
of the 29th day of July, 1988, by and between the CITY OF
CARLSBAD, a municipal corporation, hereinafter referred to as
llCity,ll and the CARLTAS COMPANY, a California Limited
Partnership, hereinafter referred to as flCarltas."
WHEREAS, the City, acting as administrators of the
Palomar Airport Road West Assessment District, hereinafter
referred to as the llDistrict,lf project number 3151, is
currently constructing, or causing to be constructed, certain
improvements to Palomar Airport Road within the City of
Carlsbad; and
WHEREAS, Carltas is a property owner within the
aforementioned District boundaries and participating in said
assessment district; and
WHEREAS, Carltas has requested the City, as
administrators of the District, to effect certain
modifications for the benefit of Carltas to the improvements
currently under construction for said District; and
WHEREAS, the City Council of the City of Carlsbad, by
this agreement, finds it necessary, desirable and in the
public interest to assist Carltas with said modifications to
the District's improvements; and
eJ 0 1.
WHEREAS, said requested modifications and all related
costs thereof shall be the sole financial responsibility of
Carltas and will not, as a result of this agreement,
adversely effect the interests of City or other District
participants:
NOW, THEREFORE, in consideration of these recitals and
the mutual covenants contained herein, City and Carltas do
hereby agree as follows:
1. Carltas does hereby formally request City, as
administrators of the District, and City does hereby agree to
modify said improvements to include "BID ALTERNATE NO. 1" as
generally described in the City's plans, specifications, and
contract documents for the construction of said District,
more specifically, unit item numbers 96 through 106
inclusive, pages 14 and 15, of said specifications on file
with City.
2. It is understood by the parties to this agreement
that said unit items and quantities are considered estimates
for bidding purposes. Carltas does hereby agree to be
responsible to City, as administrators of said District, for
all final quantities and costs, as well as all other
construction items and costs, reasonably necessary to carry
out the construction of BID ALTERNATE NO. 1, consistent with
the general intent of this agreement.
3. City, as administrators of said District, has on
July 19, 1988, awarded a construction contract to the M.L.
0 L,slr ut LHKLXWU 0 PUBLIC WORKS PROJECT CHANGE ORDER NO.
(More than $5,000)
CONTRACT NO. 3151 PURCHASE ORDER NO. ACCOUNT NO. 320-820-1840
CONTRACTOR'S NAME M. L. Chilcote Company, Incorporated
CONTRACTORIS ADDRESS 2160 Fletcher Parkway, Suite F, El Cajon, CA 92020
The contractor is directed to make the following changes. Changes shall include 1i
material and equipment; payment stated on this change order includes all charges direc
indirect arising out of this additional work. The requirements of the specificat
where pertinent and not in conflict with this order shall apply to these changes.
This change order is not effective unless signed by the Mayor.
CHANGE:
Construct roadway and improvements and related facilities for BID ALTERN NUMBER 1 as bid by Contractor, unit item numbers 96 through 106 inclusiv
pages 14 and 15, of project specifications ani! bid documents per unit an total price.
REASON FOR CHANGE:
Construction of BID ALTERNATE NUMBER 1 requested by Assessment District Property Owner.
COST : TIME CHANGE:
Lump sum - Unit prices - Both X
Total this extra
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'84 84,329,64 -
Previous net changes $- Original contract amount $5,~01 ,634 .TO
V -
White - Job File
Ye1 1 ow - Contractor Gold - Purchasing with P.O. Chan
E.1 ayo r Date Pink - Project Inspector
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RESOLUTION NO. 88-3 12
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA. ORDERING CHANGES AND MODIFICATIONS IN PROCEEDINGS AND ASSESSMENTS IN A SPECIAL ASSESSMENT DISTRICT PURSUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913"
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAE
CALIFORNIA, has previously adopted its Resolution of Intentic
and confirmed an assessment for certain works of improvement i
a special assessment district, pursuant to the terms ar
provisions of the "Municipal Improvement Act of 191311, beir
Division 12 of the Streets and Highways Code of the State c
California; said DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAC
hereinafter referred to as the "Assessment Districtll); and,
WHEREAS, subsequent to the confirmation of the assessmer
and after the improvements were ordered, but during the pendenc
of these proceedings, it appears to be in the best publi
interest to order a certain change and modification to tk
proceedings , the Engineer v s llReporttl , and one certain individuz
1 assessments; and
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WHEREAS, an executed CONSENT AND WAIVER has now be€
received, signed by the property owners , specifically requestir
and consent to the proposed change and modification and increas
in assessment.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true a1
correct.
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SECTION 2. That it is hereby ordered that th
following described change and modification causing an increas
in assessment be ordered:
ASSESSMENT PROPERTY ORIGINAL PROPOSED
NUMBER DESCRIPTION ASSESSMENT MODIFICATION
1 211-021-19 $1,636,225.84 $2,254,782.84
211-021-18
211-040-08
211-040-09
REASON FOR PROPOSED MODIFICATION: Realignment of the street ar
road in front of Parcel No. 1, as said work is authorized by Bi Alternate No. 1.
SECTION 3. That said change and modification, a
previously ordered, has been expressly requested in writing b
the property owner.
SECTION 4. That said change and modification, as s
ordered, is to the best interests of the property owners withi
the boundaries of the Assessment District and the assessmen
roll and Engineer's ttReporttl, as modified, shall now stand a
the tlReporttl for all subsequent proceedings relating to thi
Assessment District.
I SECTION 5. That no public hearing is required fc
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this change and modification inasmuch as said modificatio
meets the intent and requirements of Section 10352 of th
Streets and Highways Code, and it is further hereby determine
that said change and modification is in the best public interes
and convenience for the Assessment District and the propert
owners affected thereby.
SECTION 6. That said change and modification wil
cause an increase in one assessment as previously described
The amount of said increase in assessment shall be shown and
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and reflected on the ttPaid and Unpaid Listtt, as certified bu
the Treasurer, as an increase pursuant to action ordered throug
the adoption of this Resolution. A copy of this Resolution
immediately upon adoption, shall be transmitted to the Office o
the Treasurer so that said increased amount can be immediate1
added to said list; a copy of said list shall be kept on fil
in the Office of the Treasurer, with a duplicate copy on fil
with the transcript of these proceedings.
PASSED, APPROVED AND ADOPTED by the City Council of th
23rd day o City of Carlsbad at its regular meeting held on the
August , 1988, by the following vote, to wit:
AYES:
NOES: None
ABSTAIN: Council Member ABSENT: None
Council Members Lewis, Kulchin, Mamaux and Pettine
ATTEST:
& kQ- ALETHA L. RAUTENKRANZ, City\Clerk
I (SEAL)
a a 5
CONSENT AND WAIVER
AGENCY: CITY OF CARLSBAD
WHEREAS, the above Agency has initiated proceedings and confirmed
assessments under the provisions of the I'Municipal Improvement
Act of 1913", being Division 12 of the Streets and Highways Code
of the State of California, for the construction of certain public improvements to benefit properties within the boundaries of a special assessment district, said assessment district known and designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) , (hereinafter referred to as the IIAssessment District"; and ,
WHEREAS, at this time certain changes and modifications are proposed to be made to the assessment of property owned by the undersigned property owner(s); and,
WHEREAS, the undersigned property owner(s) acknowledges that .pursuant to the provisions of the "Municipal Improvement Act of
191318, property owner would be entitled to additional notice of the proposed increases in the assessment against the property. The undersigned, however, acknowledges that he is aware of the proposed increase in the assessment against the property and waives any and all right which he may now have to further notice pertaining to the proposed increase in the assessment against the property and any and all right which he may have to protest the modification to the proposed improvements resulting in said increased assessment.
NOW, THEREFORE, it is hereby declared by the undersigned property owner(s) as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the undersigned property owner(s) hereby consents to the proposed modification and amendment to the assessments as hereinafter set forth:
ASSESSMENT PROPERTY ORIGINAL PROPOSED NUMBER DESCRIPTION ASSESSMENT MODIFICATION
1 211-021-19 $1,636,225.84 $2,254,782.84
211-021-18
211-040-08
211-04 0-09
REASON FOR PROPOSED MODIFICATION: Realignment of the street and road in front of Parcel No. 1, as said work is authorized by Bid Alternate No. 1.
0 e p- * r
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Consent and Waiver
Page 2
SECTION 3. That property owner(s) hereby acknowledges the above proposed changes and modifications and
requests the Agency to proceed at this time to
order said changes and modifications.
THE UNDERSIGNED HEREBY CERTIFIES UNDER PENALTY OF PERJURY THAT THEY ARE THE PROPERTY OWNERS AND/OR AUTHORIZED TO SIGN ON BEHALF OF THE PROPERTY OWNERS AS IT RELATES TO THIS CONSENT AND WAIVER.
a California
DATED: gN 2 -f+ By : i
xxxxxxxxxxxxxxxxxxxxxxxx ~~&~~~~x&~~~xxxxxxxxxxxxxxxx
(NOTARY)
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