HomeMy WebLinkAbout2016-07-12; City Council; Resolution 2016-145EXHIBIT I
RESOLUTION NO. 2016-145
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA,APPROVING AND AUTHORIZING A PROJECT
AGREEMENT WITH THE CITY OF CARLSBAD AND THE CITY OF VISTA
4 FOR MECHANICAL AND ELECTRICAL IMPROVEMENTS AT THE
BUENA VISTA SEWER LIFT STATION, PROJECT NO. 5535
5
6
7 WHEREAS,the Buena Vista Sewer Lift Station of the Vista Carlsbad Interceptor Sewer have
8 been identified for improvements in the current Sewer Master Plan; and
9 WHEREAS,the City of Carlsbad and the City of Vista jointly own the Buena Vista Lift
10
Station, which is part of the Vista Carlsbad Interceptor Sewer, and entered into an Ownership
11
Agreement dated Feb. 26, 2002 and most recently amended on May 20, 2014; and
12
13 WHEREAS,the Ownership Agreement requires a separate Project Agreement to be
14 prepared and executed by the City of Vista and the City of Carlsbad for all future improvements
15 to the Vista Carlsbad Interceptor Sewer; and
16 WHEREAS,staff from the City of Carlsbad and the City of Vista have prepared a Project
17
Agreement for mechanical and electrical improvements at the Buena Vista Sewer Lift Station;
18
and
19
20 WHEREAS,the City Council of the City of Carlsbad, California, has determined it necessary
21 and in the public interest for the City of Carlsbad to enter into the Project Agreement between
22 the City of Carlsbad and the City of Vista for mechanical and electrical improvements at the Buena
23 Vista Lift Station, Project No. 5535.
24
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, California,
25
26
as follows:
27 1.That the above recitations are true and correct.
28
1 2.That the Mayor of the City of Carlsbad is hereby authorized and directed to
2 execute the Project Agreement with the City of Vista for mechanical and electrical improvements
3 at the Buena Vista Sewer Lift Station, which is attached hereto as Attachment A.
4
5
6
7 //
8 //
9
10
11
//
12
13
14 //
15 /I
16
17 //
18
19
20 //
21 H
22 //
23
24
25
26 //
27
28
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
2 Carlsbad on the 12th of July, 2016, by the following vote to wit:
3
4
AYES:Hall, Wood, Schumacher, Blackburn, Packard.
5
6 NOES:None.
7 ABSENT:None.
8
9
----)11/17
10 MATT HALL, Mayor
11 „I/64-1.4LA 14.4
12 .B A "BARA ENGLESON,y Clerk
13
(SEAL)
14 , 00.1114ti.„„
..... 0. 01/•,,,
15 44....00.E84
0 ar
--
*: 0 =.
16
17 *0.
18
19
20
21
22
23
24
25
26
27
28
ATTACHMENT A TO EXHIBIT 1
PROJECT AGREEMENT FOR
CONSTRUCTION OF MECHANICAL AND ELECTRICAL IMPROVEMENTS
AT BUENA VISTA PUMP STATION
THIS AGREEMENT for the Construction of Electrical Improvements at Buena Vista
Pump tatlion ("Agreement")is made and entered into as of the 42 -4C:frIday of
Vt.V ,20 )40, by and between the City of Vista,a charter city ("Vista"),and the
City of Carlsbad a charter city ("Carlsbad"), collectively, ("the Parties").
RECITALS
WHEREAS on February 26, 2002, the Parties entered into an agreement for the ownership,
operation, and maintenance of the Vista/Carlsbad Interceptor Sewer ("Ownership Agreement"),
the terms of which are incorporated herein by this reference; and
WHEREAS,on June 11,2013,the Parties amended the Ownership Agreement and
developed the Amended and Restated Agreement for ownership, operation, and maintenance of
the Vista/Carlsbad Interceptor Sewer; and
WHEREAS,on May 20, 2014, the Parties executed the first amendment and agreed to
extend the term of the Amended and Restated Ownership Agreement; and
WHEREAS,the existing variable frequency drives (VFDs)and programming logic
controllers (PLCs)at the Buena Vista Pump Station were constructed in the early 1990s and spare
parts are no longer available;
WHEREAS, Vista has contracted with a Consultant to prepare construction documents to
replace the VFDs and PLCs at the Buena Vista Pump Station;
WHEREAS, Vista has completed the design for the replacement of the VFDs and PLCs at
the Buena Vista Pump Station; and
WHEREAS,the parties are entering into this Agreement in order to establish
responsibilities of each party for construction of the electrical improvements and to establish the
cost accounting and payment schedule and responsibilities ofeach Party.
NOW THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING:
SECTION 1.PROJECT DESCRIPTION
The Construction of Electrical Improvements at Buena Vista Pump Station (the "Project")
is a sewer project that will replace the existing VFDs and PLCs that are no longer supported by
the manufacturer and for which spare parts are no longer available.The Project is located at the
G00354564
Buena Vista Pump Station in Carlsbad as shown in Exhibit "A".The major elements ofthe Project
are summarized as follows:
A.Replacement of four (4) 300 horsepower VFDs.The new VFDs shall be installed
in the same location of the existing VFDs,and the existing line and load conductors shall be
protected in place and re-connected to the new VFDs.
B.Replacement of the existing PLCs.
C.Exhibit B is a Project Budget and cost allocation jointly prepared by the Parties.
The total cost of the Project, and the amount of the construction contract award, shall not exceed
the Project Budget without the written consent ofboth Parties.
SECTION 2.JOIN!' RESPONSIBILITIES OF THE PARTIES
A.The Parties shall designate an Owner's Representative for the Project.Each
Parties'Owner's Representative shall be the sole contact and spokesperson with respect to all
matter's requiring the Parties approval or authorization.
B.Owner's Representatives shall not provide direction or instructions directly to the
Contractor.The Construction Manager shall provide all direction and instructions to the
Contractor after both of the Owner's Representatives mutually agree.If each Parties'Owner's
Representative cannot agree on an issue, then Section 21 of the Ownership Agreement shall be
followed as a procedure for dispute resolution.
C.Owner's Representatives shall attend a regular Owner's Meeting with the
Construction Manager.The Owner's meetings shall be held bi-weekly at a minimum.If an
Owner's Representative does not attend the Owner's Meeting a minimum of 80%of the meetings
to date, then the applicable Party shall replace the Owner's Representative.A representative of
the Encina Wastewater Authority, which operates and maintains the existing lift station, may also
attend the Owner's Meeting so that all coordination issues are resolved before any instructions are
given to the Contractor.
D.Neither Party shall charge the other for staff services.
SECTION 3.RESPONSIBILITIES OF VISTA
A.Vista shall be the Lead Agency for the Project and will be responsible for the
environmental compliance, bidding and administration of construction activities, including fiscal
management for the Project.As part of its construction administration duties, Vista shall require
its contractor to comply with all Resource Agency requirements,including stormwater
management and other regulations imposed by the State Water Resources Control Board.
B.As Lead Agency,Vista shall have sole authority to approve,bid,and award
contracts in accordance with this Agreement, Vista's policies and applicable law, subject to the
provisions of Section 6 of the Ownership Agreement. Vista's purchasing policies shall apply to
00035456 4
implementation and performance of the construction contract, professional services agreements
and any other activity under this Agreement.
C.Change Orders.The Parties shall jointly approve all change orders necessary to
construct the Project.Change orders for the Project may be initiated by Vista or Carlsbad, but
shall not be issued to the contractor unless approved by both Parties.Each Party shall respond to
Change Order requests within two (2) working days and shall not unreasonably delay, condition,
or deny the approval of any change order. Change order costs will be shared by the Parties in
proportion to their capacity ownership defined herein to the extent that the change order is
necessary and beneficial for both Parties. Vista shall participate with Carlsbad in the negotiation
of price and/or time extensions related to any change order with the Project contractor (i)at
Carlsbad's request, (ii) at Vista's option in the case ofchange orders requested by Vista, or (iii)in
the case of a change order that may reasonably be anticipated to affect the overall Project Budget.
Carlsbad Initiated Change Order.In those instances where Carlsbad requests a change
order, Carlsbad shall submit a written request for changes to Vista for Vista's written approval.
Such changes,once approved by Vista,shall be paid for in accordance with the ownership
allocation, provided the Carlsbad initiated changes are necessary to complete the Project.If the
Carlsbad initiated change order is solely for Carlsbad's benefit,then Carlsbad shall be solely
responsible for the cost of the change order,including but not limited to any increased costs
resulting from the implementation ofthe change order.
Vista Initiated Change Order.In those instances where Vista requests a change order, Vista
shall submit a written request for changes to Carlsbad for Carlsbad's written approval.Such
changes once approved by Carlsbad, shall be paid for in accordance with the ownership allocation,
provided the Vista initiated changes are necessary to complete the Project.If the Vista initiated
change order is solely for Vista's benefit, then Vista shall be solely responsible for the cost of the
change order, including but not limited to any increased costs resulting from the implementation
of the change order.
SECTION 4.RESPONSIBILITIES OF CARLSBAD
A.Carlsbad shall provide a payment of $7,423 to Vista within thirty (30) days of the
approval to award construction from Vista City Council. The payment covers Carlsbad's share of
unpaid design costs (planning,investigations,design,and environmental)to date.Further,
Carlsbad shall make monthly progress payments for completed work within thirty (30)days of
receipt of invoice from Vista.The Parties agree that the spreadsheet attached hereto as Exhibit
"B"is a fair estimate of the costs subject to modifications through the award of contract or change
orders.Carlsbad shall review final accounting and make payment to Vista within thirty (30) days
of final reimbursement request.
00035456 4
SECTION 5.ALLOCATION OF COSTS
A.Allocation of Project costs are defined in the Ownership Agreement and shown in
Exhibit "B". Construction costs shall include the construction contract and necessary and mutually
approved change orders.
B.Carlsbad shall pay its allocated portion of the cost of construction support services,
such as, but not limited to, construction management and inspection, for the consulting support
from the design engineer, construction materials testing, special inspection, geotechnical testing,
and paleontological and environmental monitoring costs. Carlsbad agrees to pay Vista a 5% mark-
up on all construction support services in consideration for Construction Administration and
Management services provided by Vista.The Construction Administration and Management
payment shall be understood to cover all project management, contract administration, engineering
staff design review, and supplemental construction inspection, accounting and any other Project-
related services that are performed by Vista staff.
SECTION 6.COST ACCOUNTING
Vista shall be responsible for the administration and accounting ofall expenditures related
to the construction of the Project.The Parties agree that Carlsbad will pay its allocated portion of
in actual and estimated costs shown in Exhibit "B"to Vista per Section 4.Final accounting ofthe
costs will be made after the Notice of Completion is filed.Vista will issue a final invoice,or
reimburse excess remaining funds, to Carlsbad at that time.
SECTION 7.COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which, taken together, shall constitute one and the same instrument.
SECTION 8.EXHIBITS
All documents referenced as Exhibits in this Agreement are incorporated herein by
reference.
SECTION 9.ENTIRE AGREEMENT
This Agreement, together with any other written document referred to, embody the entire
agreement and understanding between the Parties relating to the subject matter hereof.In case of
conflict between this Agreement and the Ownership Agreement,the terms of the Ownership
Agreement shall prevail.
[Continued on page 5.]
00035456 4
IN WITNESS WHEREOF,each Party hereto has pursuant to resolution duly passed and adopted
by its respective governing body approved this Agreement and caused it to be executed and be
effective on the date first above written.
CITY OF VISTA,a chartered municipal CITY OF CARLSBAD,a chartered
corporation.municipal corporation
By:By:/.•*-q
JUDY RIT/f0.,Mayor MATT HALL, Mayor
(
ATTEST:ATTEST:
KATHY VALDEZ, City Clerk BARBARA ENGLESON, City Clerk
-162
BY:—4/iittli By:
APPRO ED AS TO FORM:APPROVED S TO FORM:
DAROLD PIEPER, City Attorney CELIA A. BREWER, City Attorney
BY:
a1'I'ROVL1)
Darold Pieper
20160414160203
00035456 4
RESOLUTION NO. 2016-65
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING A PROJECT AGREEMENT WITH THE
CITY OF CARLSBAD FOR CONSTRUCTION OF MECHANICAL AND
ELECTRICAL IMPROVEMENTS AT THE BUENA VISTA PUMP STATION
The City Council of the City of Vista does resolve as follows:
1.Findings. The City Council hereby finds and declares the following:
A.On June 11, 2013, the City Council approved the amended and restated
agreement for Ownership, Operation and Maintenance of the Vista/Carlsbad Interceptor Sewer,
which allows for the Parties to jointly undertake improvements to the interceptor system.
B.The City of Vista and the City of Carlsbad desire to enter into a project
agreement for the construction of mechanical and electrical improvements at the Buena Vista
Pump Station.
C.On February 23, 2016 the City Council amended the FY15/16 Capital
Improvement Program budget allocations the required funding to construction the Buena Vista
Pump Station Improvements.
D.In order to construct the project and address the responsibilities of the Parties,
the City of Vista and the City of Carlsbad desire to enter into a Project Agreement for
construction of mechanical and electrical improvements at the Buena Vista Pump Station.
2.Action.
A.The agreement is hereby approved and the the Mayor is authorized to execute
the Agreement on behalf of the City.
3.Adoption. PASSED AND ADOPTED at a meeting of the City Council held on May 10,
2016, by the following vote:
AYES.Mayor Ritter, Aguilera, Campbell, Rigby, Franklin
NOES:None
ABSTAIN.None
JUDY
APPROVED AS TO FORM:ATTESThi‘ER'
MAYOR
'
DAROLD PIEPER, CITY ATTORNEY KATHY VA 'EZ, CITY CLERK
._,.•
By.By.-•.47b6deo
APPROVED
Darold Pieper
20.60429092514
00037225 1
EXHIBIT B
CONSTRUCTION OF MECHANCIAL AND ELECTRICAL IMPROVEMENTS
AT BUENA VISTA PUMP STATION
PROJECT BUDGET & COST ALLOCATION
OWNERSHIP PRE-CONSTRUCTION PHASE COSTS
Estimated TotalSCOPE ITEM Carlsbad Vista Vista Carlsbad
Percentage Percentage Pre-Construction Share SharePhase
Design 10.4%89.6%$71,371 $63,948 $7,423
TOTAL $71,371 $63,948 $7,423
OWNERSHIP CONSTRUCTION PHASE COSTS
Estimated TotalSCOPE ITEM Carlsbad Vista Vista Carlsbad
Percentage Percentage Construction Share SharePhase
Bid Services 10.4%89.6%$9,082 $8,137 $945
Construction w/contingency 10.4%89.6%$775,500 $694,848 $80,652
Construction Mgmt 10.4%89.6%$90,000 $80,640 $9,360
Construction Admin from
Designer of Record 10.4%89.6%$18,675 $16,733 $1,942
TOTAL $893,257 $800,358 $92,899
CARLSBAD PAYMENT DUE ATSUMMARYAWARD OF CONSTRUCTION
Cost Type Vista Share Carlsbad Share Cost Type Amount
Preconstruction $63,948 $7,423 Unpaid Design $7,423
Construction $702,985 $81,597 5%of CM $4,500
Construction Mgmt & Admin $97,373 $11,302 TOTAL $11,923
5% CM Mark Up $0 $4,500
TOTAL PROJECT $864,307 $104,821