HomeMy WebLinkAbout1992-06-09; City Council; 11734; NOTICE OF COMPLETION FOR STREETSCAPE PHASE IV PROJECT NO. 3346.l i -.
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97 I Cl# OF CARLSBAD - AGEW BILL
AB # //, TITLE: NOTICE OF COMPLETION FOR DEPT. I
CITY A MTG, 6-9-92 . STREETSCAPE PHASE IV
DEPT. FNG CITY M
RECOMMENDED ACTION:
PROJECT NO. 3346
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Adopt Resolution No. 3 accepting the Street Improvements, Project No. 3346, as comr
and directing the City Clerk to record a Notice of Completion and release bonds in accords
with State Law and City Ordinances.
ITEM EXPLANATION:
Spiess Construction Company "substantially completed" the Carlsbad Boulevard SI
Improvements including Oak Avenue and Lincoln Street Improvements the Pine Avenue tr
signal and the Split Pavilion on January 20,1992. City forces have inspected said improvemr
and found them to be satisfactory. Staff recommends formal acceptance by City Council.
The original project completion date was September 5, 1991. After contractually obligated *
extensions were awarded, the revised project completion date was November 14, 1991.
Substantial completion as defined in the contract is "safe opening of the project to public
activation of the traffic signal, planting landscape, and putting the fountain and lightin
operation." Thirty three (33) working days elapsed between the revised project completion t
of November 14, 1991 , and the substantial completion date of January 20, 1992. These tl
three (33) days constitute delays caused by the contractor and are subject to the assessn
of $400/day liquidated damages totaling $1 3,200.00. These funds will be retained from
payment, which is not due until 35 days following recordation of the Notice of Completion.
Acceptance of this contract in no way impacts the recent revisions to the Split Pavilion or
restrict Council's ability to order future modifications by separate contract.
FISCAL IMPACT:
An "agreement for improvements" was entered into between the City of Carlsbad and Mr.
Mrs. Max lnciyan involving vacating portions of Oak Avenue and Lincoln Street for the bene
said property owners. Improvements to Oak and Lincoln are part of the Split Pavilion project
a portion was privately funded by these property owners.
Resolution No. 89-360 dated October 10, 1989, approving the street vacations specifies tha
City Clerk is instructed not to record the Resolution of Vacation until a guarantee of
improvements is made to the satisfaction of the City Engineer. To satisfy this conditio
guarantee, the property owners deposited a sum of $32,627.50 on March 20, 1990 as
estimated cost of these improvements. Subsequent to notifying the City Clerk's Office of
deposit, the Resolution of Vacation was recorded 5/2/90.
Pursuant to the agreement for improvements, the City is to return any and all unexpended fc
to the property owners. The lnciyans deposited $32,627.50. Final costs for their portion oi
Oak Avenue and Lincoln Street improvements totaled $30,502. Therefore, a refund of $2,12
to the owners has been processed.
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* I' Page 2 of Agenda Bill No. //, 73y
A summary of the final project cost is as follows:
EXHIBITS:
1. Location map.
2. Resolution No.c)a-/ 67 accepting the Split Pavilion and Street Improvements, Project F
as complete and directing the City Clerk to record a Notice of Completion and release
accordance with State Law and City Ordinances.
2 3. Notice of Completion.
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\ . YOCATION MAP
* PROJECT NAME SPLIT PAVILION PROJECT +
I STREETSCAPE PHASE IV 3346
, .' . Recording requested by: 9 0
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CITY OF CARLSBAD )
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When recorded mail to: 4 1
City Clerk I)
City of Carlsbad 1
1200 Elm Avenue 1
c
) Space above for Recorder's Use
NOTICE OF COMPLETION
Carlsbad, CA 92008
Notice is hereby given that:
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2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter desc
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California, 920
The nature of the title of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed on November 14,
The name of the contractor, if any, for such work of improvement is Spiess Construction Cor
The property on which said work of improvement was completed is in the City of Carlsbad, C
of San Diego, State of California, and is described as follows: Project No. 3346, Ocean
Sculpture Park and Improvements to Oak Avenue and Lincoln Street (Streetscape Phase IVl
The street address of said property is Ocean Street at Carlsbad Boulevard. 8.
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, Calii
, 19z, accepted the above described wc 92008; the City Council of said City on
completed and ordered that a Notice of Completion be filed.
June 9
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 10 , 192 at Carlsbad, California.
CITY OF CARLSBAD
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ALETHA L. RAUTENKRANZ
City Clerk
EXHIBIT 2
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RESOLUTION NO. 9 2 - 16 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA ACCEPTING CONSTRUCTION OF THE SPLIT PAVILION
ISTREETSCAPE PHASE IW. PROJECT NO. 3346. AS COMPLETE
WHEREAS, construction of the Split Pavilion and Street Improvements, Projc
3346, has been satisfactorily completed; and
WHEREAS, the formal project Notice of Completion has been prepared; anc
WHEREAS, all project costs have been established to date.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca
California, as follows:
1.
2.
That the above recitations are true and correct.
That construction of the Split Pavilion and Street Improvements on Oak I
and Lincoln Street, specifically identified as Project No. 3346, is deemed complete and
accepted.
3. That the City Clerk of the City of Carlsbad, California, is hereby authoi
execute the Notice of Completion and have same recorded.
4. That the Financial Management Director is hereby authorized and dire
close the project accounts upon payment of all final claims and costs.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb
Council held on the 9th day of June , 1992, by the following vote, to wit:
AYES: Council Members Kulchin, Larson, Stanton and Nygaard KLA3---& /mi, NOES: None
ABSENT: ccerncil &!&er h
CLAUDE A. LEWIS, or
ANN J. KULCHIN, Mayor Pro-Tem
ATTEST:
ALETHA L. RAUTEN (SEAL)
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