HomeMy WebLinkAbout2002-02-05; City Council; Resolution 2002-0481
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RESOLUTION NO. 2002-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TO REIMBURSEMENT AGREEMENT WITH KELLY LAND
CARLSBAD, CALIFORNIA, APPROVING AMMENDMENT NO. 2
COMPANY FOR THE CONSTRUCTION OF REACH 2 OF
CANNON ROAD WEST FROM FARADAY AVENUE TO
EL CAMINO REAL.
WHEREAS, the Cannon Road West improvements are included within the financing
program for Bridge and Thoroughfare District No. 3; and
WHEREAS, City and Kelly Land Company entered into an agreement for the
reimbursement of the current and future Cannon Road improvements required to serve the needs
of the Kelly Ranch development together with the additional improvements along the northern half
of Cannon Road on December 15, 1998; and
WHEREAS, Senate Bill 975 (SB 975) took effect January 1,2002 and amends a portion of
section 1720 of the Labor Code requiring the payment of prevailing wage for any public
improvement work required as a condition of a regulatory approval for a project; and
WHEREAS, SB 975 did not have a grandfather clause to exempt reimbursement
agreements for such public improvements which were already in place; and
WHEREAS, Kelly Land Company has notified their General Contractor, Erreca’s and their
materials testing firm to verify that prevailing wage are being paid; and
WHEREAS, Erreca’s had subcontractors who were not paying prevailing wage thus
increasing the cost of the project over the City Council authorized reimbursable portion of the
project; and
WHEREAS, the materials testing firm was not paying prevailing wage; and
WHEREAS, overall project costs exceed those anticipated in the reimbursement
agreement by $1 10,000.
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 amount allocated for reimbursement pursuant to the reimbursement
agreement be increased from $5,391,777 to $5,501,777.
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3. That amendment no. 2 to the reimbursement agreement by and between Kelly
Land Company and the City, is hereby approved and the Mayor is authorized to sign said
agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
?Id on the _5th day Of FEBRUARY , 2002 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
ABSTAINED: Cou
(SEAL)
AMENDMENT NO. 2 TO AGREEMENT FOR
REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF
CANNON ROAD FROM EL CAMINO REAL TO THE
WESTERN BOUNDARY OF KELLY RANCH INCLUDING MODIFICATIONS TO
THE INTERSECTION OF EL CAMINO REAL AND CANNON ROAD
This Amendment No. 2 is entered into and effective as of the B7-h day of
(the “Agreemeht”) by and between the City of Carlsbad, a municipal corporation. (“City). and
, 200&. amending the agreement dated December 15, 1998
Kelly Land Company, a Delaware corporation (“Contractor“) (collectively, the “Parties”) for
reimbursement of costs for the construction of Cannon Road West from El Camino Real to the
western boundary of Kelly Ranch including modifications to the intersection of El Camino Real
and Cannon Road.
FEBtcU A.lnl
RECITALS
A. On ,%6&4&Y p, 2Q , the Parties executed Amendment No. 1 to the
Agreement to extend the date by which Kelly Ranch shall complete all Project Cannon Road
Improvements until March 15, 2003; and
6. The Parties desire to alter the Agreement‘s scope of work to describe roles and
responsibilities as they relate to Senate Bill 975; and
C. Senate Bill 975 amends Section 1720 of the Labor Code relating to payment of
prevailing wage for private development projects, including reimbursement agreements that
for the project; and
receive public funds for public improvements required as a condition of the regulatory approval
D. Cannon Road West Bridge and Thoroughfare District No. 3 is funded through several
funds, Community District (CFD) No. 1 .Traffic Impact Fees and Public Facilities Fees; and
public funds: TransNet Highway funds, Caltrans State-Local Transportation Partnership Program
are shown in attached Exhibit “A”. E. The payment of prevailing wages and increased project costs for Reach 2 Segment 2
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
applicable provisions of the Labor Code and Federal, State, and local lais related to labor.
1. The Contractor. its agents, and employees shall be bound by and comply with
The Contractor shall strictly adhere to the provisions of the Labor Code regarding
work; and nondiscrimination because of race, color, national origin, sex. or religion.
minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday
The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for
violations.
In accordance with the Labor Code, the Labor Board has on file and will publish a
schedule of prevailing wage rates for the types of work to be done under the Contract.
The Contractor shall not pay less than these rates.
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City Attorney Approved Version #05.22.01
bargaining agreements on file with the State of California Department of Industrial Relations.
Each worker shall be paid subsistence and travel as required by the collective
The Contractor‘s attention is directed to Section 1776 of the Labor Code which
imposes responsibility upon the Contractor for the maintenance, certification, and availability for
inspection of such records for all persons employed by the Contractor or Subcontractor in
connection with the project. The Contractor shall agree through the Contract to comply with this
Section and the remaining provisions of the Labor Code.
2. Pursuant to the California Labor Code, the director of the Department of Industrial
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage
Relations has determined the general prevailing rate of per diem wages in accordance with
rates is on file in the office of the City Engineer, and is incorporated by reference herein.
Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages.
Contractor shall post copies of all applicable prevailing wages on the job site.
3. Kelly Land Company shall provide City authorized certified payroll filed weekly up
to the submittal date of progress pay reimbursement for a discrete improvement.
4. City shall provide an on-site inspector to keep track of individuals and their
designations, hours and dates on site.
5. That the Reimbursement Agreement total reimbursable costs are detailed in
attached Exhibit “A”.
6. Auditing Engineer (or Inspector) will review weekly-certified payroll against Daily
Reports to verify Certified Payroll. City shall sign off on certified payroll and the signed original
certified payroll will be submitted with the request for reimbursement.
7. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
pursuant to the Agreement, as may have been amended from time to time, will include coverage
8. All requisite insurance policies to be maintained by Contractor or its successors
for this Amendment.
Ill
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City Attorney Approved Version #05.22.01
9. The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
*By:
KELLY LAND COMPANY,
If required by City, proper notarial acknowledgment of execution by contractor must be attached. Ma
CorDoration, Agreement must be signed by one corporate officer from each of the following two groups.
"Group A.
Chairman,
President, or Vice-president
"Group B.
Assistant Secretary,
Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation at attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONmR. BALL, City Attorney
By: "m"
Depttty-City Attorney a.1-
3
Clty Attorney Approved Version W5.22 01
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO
) ss.
)
On bg‘? mGbefore me, h’
personally&pearedfl &EP& f. S& /77/ proved to p) to be the personCsy/whose name(4slaEe subscribed
to the within instrument and acknowledged to me that he/-executed the same in
hidkerkkeir a thorized capacitywand that by his/ ’ ignature(4n the instrument,
the persondor the entity upon behalf of which the pe=cted, executed the instrument.
WITNESS mv hand and official seal. ” -
W (Seal)
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss 1 -
*+;-before me, dh, Notary Public,
p) to be the personwwhose namewis/wsubscribed
to the within instrument and acknowledged to me that he/sh&hq executed the same in
his/-authorized capacity-d that by hishexkhek signature(dfon the instrument,
the person$&’or the entity upon behalf of which the personwcte4 executed the instrument.
77- 4. A4-efiSW , -r proved to
WITNESS my hand and official seal.
Signature i %Q&~L
// v (Seal)
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Itemized List of what Contractor will do for City and at what price.
TO BE PROVIDED BY KELLY LAND COMPANY
City Attorney Approved Version # 05.22.01
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