HomeMy WebLinkAboutLos Angeles, City of|Bd of Harbor Commissioners; 1994-04-29; 1419-5|1419-5-A/B/CHARBOR DEPARTMENT AGREEMENT j 'g- I' 9 - 5 I CITY OF 10s ANGELES
e
AMENDMENT NO. 3
TO REIMBURSEMENT AGREEMENT NO. 141 9-5
BETWEEN THE CITY OF CARLSBAD
AND THE CITY OF LOS ANGELES FOR
CONSTRUCTION Of THE BATIQUITOS LAGOON ENHANCEMENT PROJECT
This Amendment No. 3 to Reimbursement Agreement No. 141 9-5 is made
this pjAy 0 W 19996 , between the CITY OF CARLSBAD, municipal corporation of
the State of California, hereinafter referred to as CITY, and the City of Los Angeles
acting by and through the Board of Harbor Commissioners hereinafter referred to as
BOARD.
RECITALS
WHEREAS, BOARD and CITY desire to increase the budget for Dwight Worden for
legal services from $100,000 to $1 25,000.
Now, therefore, CITY and BOARD agree that Reimbursement Agreement No. 141 9-
5 is amended as follows:
Article 1. Section 12. Section 12 is amended to increase the not-to-exceed
amount to $1 25,000 to conclude the Sierra Club federal court lawsuit challenging
the restoration. This budget shall cover all work up through the filing of opposition
on behalf of the CITY to any Sierra Club petition for certiorari that the Sierra Club
may file. The parties understand that if such a petition were filed and granted, then
this Agreement would require further amendment.
Article 2. Except as amended above, ail terms and conditions of this
Agreement shall remain in effect.
I- 0 o
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
Attest
ALETHA L. RAUTENKRANZ, City Clerk
CITY OF LOS ANGELES, by and through its Board of
Harbor Commissioners
By EZUNIAL BURTS, Executive Director
APPROVED AS TO FORM:
BY fz. L . C/&, 1996
RONALD R. BALL
City Attorney
I
APPROVED AS TO
, 1996
,/z: ./?/.
BY
OND P. BENDER
Assistant City Attorney
~ --_- JCW:8941 wp
::get - FY 19 5% 142 43
-.:,:3. s-v%"Ll , Qr.dri=/ p4qOj.le
1
5-y 570 ] lyLPo/
HAR30R DEPARTMENT AGREEMENT 14/94 i CITY OF LOS ANGELES
2 e
AMENDMENT NO. 2
TO REIMBURSEMENT AGREEMENT NO. 141 9-5
BETWEEN THE CITY OF CARLSBAD
AND THE CITY OF LOS ANGELES FOR
CONSTRUCTION OF THE BATIQUITOS LAGOON ENHANCEMENT PROJECT
T is Amendment No. 2 to Reimbursement Agreement No. 1419-5 is mad
thisM L ,7%, between the CITY OF CARLSBAD, a municipal corporation c
the State of California, hereinafter referred to as CITY, and the CITY OF LOS ANGELE
acting by and through the Board of Harbor Commissioners hereinafter referred to a
BOARD.
RECITALS
WHEREAS, the BOARD and CITY wish to increase the authority of the Projet
Directors and the Construction Manager commensurate with the increase in the SCOF
of work to the contract and commensurate with the contract amount as set forth i
Amendment No. 1 with T. L. James and Co. as authorized by Amendment No. 1.
Now, THEREFORE, CITY AND BOARD agree that Reimbursement Agreemer
No. 141 9-5 is amended as follows:
Article 1. Section 2. Section 2 is amended to increase the cumulative limit for chanc
orders issued by the Construction Manager from ten percent (10%) of the origin
contract amount to ten percent (1 0%) of the original contract amount ($25,888,00(
plus the amount approved in Amendment No. 1 for the cost to construct the Ea:
Carlsbad Boulevard Bridge ($2,475,000) for a total construction cost in the amoui
of $28,363,000. Individual change orders exceeding $50,000 shall be approved k
the Project Directors as set forth in Sections 3(a) and 3(b).
Article 2. Section 3(b). Section 3(b) is amended to read as follows:
(b) Construction change orders that exceed a cumulative total of fifteen percei
(1 5%) of the amount of $28,363,000 shall be approved in advance by CIT
and BOARD.
Article 3. It is understood by CITY and BOARD that, except as amended above, i
items in Agreement No. 141 9-5 shall remain in effect.
*
1 1) 0
*L
IN WITNESS WHEREOF, the parties hereto have executed this amendment on the dz
and year first above written.
of the State (
- ALETHA L. RAUTENKRANZ, City dlerk
CITY OF LOS ANGELES, by and through its Board of Harbc
Commissioners
by EZUNIAL BUR ecutive Director \1
APPROVED AS TO FORM:
n,L f-0,199
RONALD R. BALL
City Attorney
Assistant City Attorney
JCW:5656wp
i I____ -----1_- I i j b.,dgeI- FY 19 9-57 7L
-
August 2, 1995
Port of Los Angeles
425 South Palos Verdes Street P. 0. Box 151
San Pedro, CA 90733
Attention: Mr. Bruce Seaton
Director of Construction Management
Re: AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT NO. 1419-5
The Carlsbad City Council, at its meeting of July 18, 1995, adopted
Resolution No. 515-215, approving Amendment No. 1 to Reimbursement Agreement No. 1419-5 with the Port of Los Angeles for the improvements to the railroad bridge over Batiquitos Lagoon relating
to the Batiquitos Lagoon Enhancement Project.
Enclosed is a copy of Resolution No. 95-215 and six originals of
the signed amendment for your records.
'1 +ii Assistant R N R. KU ' y TZ, Clerk CMC
KRK:ijp
Enclosures
___ - -- 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
HARBOR DEPARTMENT .Bo CITY OF 10s ANGELES
AMENDMENT NO. 1
AGREEMENT /$t/9-5-4 f-
TO RElMBURSEMENT AGREEMENT NO. 1419-5
BETWEEN THE CITY OF CARLSBAD
AND THE CITY OF LOS ANGELES FUR
CONSTRUCTION OF THE BATIQUITOS LAGOON ENHANCEMENT PROJECT
This Amendment No. 1 to Reimbursement Agreement No. 1419-5 is made this - f& b /4$!! , between the CITY OF CARLSBAD, a municipal
corporatio66of the State of California, hereinafter referred to as CITY, and the City of Los Angeles acting by and through the Board of Harbor Commissioners
hereinafter referred to as BOARD.
RECITALS
WHEREAS, BOARD and CITY (the "Parties") have reviewed the need to replace
the East Carlsbad Bridge ("Bridge") as a result of historical degradation and the Batiquitos
Restoration Project (the "Restoration"); and
WHEREAS, BOARD has noted CAL TRANS condemned the Bridge in 1993, foi
reasons unrelated to the Restoration and therefore BOARD has requested CITY to sharc
in the cost of restoring the Bridge;
WHEREAS, the Parties agree that a revetment along West Carlsbad Boulevard i:
not a necessary project element of the Restoration;
WHEREAS, BOARD is willing to pay the reasonable cost of replacing the Bridge
Now, THEREFORE, CITY AND BOARD agree that Reimbursement Agreement Nc
Article 1. Section 1. BOARD shall assist CITY with construction management fc
the Project. CITY and BOARD hereby designate Centennial Engineering, Inc. as th
Construction Manager for Project.
so long as the revetment need not be constructed;
1419-5 is amended as follows:
1
0 e 2 rh.
Article 2. Section 7. Section 7, which defines the not to exceed amount of the agreement and the scope of work, is amended to increase the not to exceed amount by
$3,384,330.00 resulting in a revised not to exceed (including items (9, (9) and (h) as added
below) amount of $34,716,980.00 Section 7 is also amended to add the following
subsections: (9 a not to exceed amount of $2,572,000 for the construction of the East
Carlsbad Boulevard Bridge; (9) a not to exceed amount of $50,000 for the additional construction phase costs incurred by the City of Carlsbad as a result of constructing the Project; (h) a not to exceed amount of $27,330 for the costs incurred by the Leucadia
County Water District to relocate existing sewer facilities and (i) a not to exceed amount
of $735,000 for the additional costs to modify the bracing on the San Diego Northern
Railroad (SDNR).
Article 3. Section 16. Section 16 is added as follows: East Carlsbad Boulevard
Bridge Agreement No. 1419-5 is amended to include the construction of the East Carlsbad
Boulevard Bridge. BOARD shall provide funding for all contract costs for this facility.
Article 4. Section 17. Section 17 is added as follows: Sewer Line Relocation
Costs: The BOARD shall reimburse CITY for the costs incurred by CITY through CITYs agreement with the Leucadia County Water District(LCWD) for the reimbursement of
administrative and inspection costs associated with the relocation of existing sewer lines
and facilities along Carlsbad Boulevard over Batiquitos Lagoon. Within thirty (30) calendar days of receipt of an invoice from CITY, jointly authorized by the Project Directors, BOARD shall pay CITY the amount shown on each authorized invoice. Invoices shall describe
each item and the cost of each item for which partial payment is requested.
Article 5 Section 18. Section 18 is added as follows: Modification Work to SDNR:
BOARD agrees to reimburse CITY for an amount not to exceed $735,000 for modification
work to the bracing connections and maintenance on the SDNR trestle.
Article 6. Section 19. Section 19 is added as follows: Revetment alonq Wes
Carlsbad Boulevard: After reviewing further engineering studies, CITY agrees that thc
restoration of Batiquitos Lagoon does not require the construction of a revetment alons West Carlsbad Boulevard and that BOARD does not have any obligation to construct suck revetment .
Article 7. Section 20. Section 20 is added as follows: CITY shall assumc
responsibility for the 1994 emergency repairs required to temporarily stabilize the Eas Carlsbad Boulevard Bridge from further damage. The total cost of these repairs i
$50,000. BOARD agrees to allow CITY to deduct this amount from CITY'S next regula
invoice for reimbursement for CITY expenses provided under Agreement 1419-5.
Article 8. It is understood by CITY and BOARD that, except as amended above, i
items in Agreement No. 1419-5 shall remain in effect.
2
9” c 0 0
”.
IN WITNESS WHEREOF, the parties hereto have executed this amendment on the day
and year first above written.
n of the State of
Attest
ALET
CITY OF LOS ANGELES, by and through its Board of Harbor
ROVED AS TO FORM:
City Attorney
,1995
JCW:7376wp
3
1 r e
U
REIMBURSEMENT AGREEMENT
REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE CITY OF LOS ANGELES FOR
CONSTRUCTION OF THE BATIQUITOS LAGOON ENHANCEMENT PROJECT
..................................................................
THIS AGREEMENT is made this 29% day
of u , 1994, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as
CITY, and the City of Los Angeles acting by and through the Board
of Harbor Commissioners hereinafter referred to as BOARD.
RECITALS
WHEREAS, BOARD and CITY intend to pursue a project identified
as the enhancement of Batiquitos Lagoon (Project) as mitigation for
Los Angeles Harbor fills; and
WHEREAS, BOARD and CITY are parties to an Agreement ("MOA") with various federal and state agencies which established procedures and responsibilities for design, construction and maintenance of the Project; and
WHEREAS, CITY has received bids and is now proposing to award
a contract to the lowest, responsive, responsible bidder for the
construction of the Project; and
WHEREAS, BOARD is responsible to fund the amount
necessary to construct the Project and to assist City with
administration of the construction of the Project.
Now, THEREFORE, in consideration of the covenants and
1. BOARD shall assist City with construction management
services for the Project. These services are defined in
Agreement No. 1750 (Attachment 1) between the BOARD and Centennial Engineering, Inc. Administrative services beyond the scope of work described in Agreement No. 1750
but necessary to administer the contract provisions shall
be provided by CITY and funded by BOARD pursuant to
Reimbursement Agreement No. 1419-4.
conditions, it is agreed as follows:
1
> 0 e n
**
2. CITY shall appoint Centennial Engineering, Inc. as the
Construction Manager for the Project. The Construction Manager shall have authority to authorize and execute
construction change orders increasing or decreasing the
construction contract amount not to exceed $50,000 per
change order with a cumulative limit of ten percent (10%) of the original construction amount.
3. Both BOARD and CITY shall appoint one (1) Project Director each to represent BOARD and CITY to administer
the project in the following way:
(a) The Project Directors shall have joint authority to authorize and execute construction change orders increasing or decreasing the contract amount in excess of
$50,000 per change order. The Project Directors shall
have joint authority to approve increases and decreases to the contract time.
(b) Construction change orders that exceed a cumulative total of fifteen percent (15%) of the original
construction contract amount shall be approved in advance by CITY and BOARD.
(c) For the purposes of this paragraph 3 and other
paragraphs of this agreement , the vvjoint authorityvv of
the parties shall be defined as the mutual obligation to meet and confer in good faith with joint authorization occurring if the parties are in agreement. In the event that, after meeting and conferring in good faith, the parties are unable to agree, a meeting of the City Manager and the BOARD'S Executive Director shall be held to resolve the item in dispute.
(d) In the event the parties are unable to agree and the disagreement involves the refusal of the BOARD to approve a payment to the contractor, the BOARD agrees it will defend all litigation brought by the contractor against
the CITY or BOARD and pay any and all sums which may be awarded in favor of the contractor or negotiated in
settlement of the litigation.
2
\ 0 0 .v
*"
(e) CITY and BOARD recognize that during the
construction period, the contractor could request
additional monies due to an unforeseen difficulty in
completing the specified work or for requested extra
work. CITY and BOARD agree that if a change order is jointly authorized as described above, City may require
the contractor to proceed with work without negotiating
a change order price (assuming contractor and both
project directors have been unable to agree on price) and
BOARD will defend all litigation brought by the
contractor against CITY or BOARD and pay any and all sums
which may be awarded in favor of the contractor or paid in settlement of the litigation. CITY agrees that it has
reviewed Contract No. 3429 and agrees that it will not
award extra work beyond the scope of work described in
Contract No. 3429 unless the Project Directors have
approved such work as set forth above.
4. Board's Executive Director shall appoint a Project
Director for the Project. Board's Executive Director
shall replace the Project Director at his discretion.
CITY'S City Manager shall appoint a Project Director for
the Project. CITY'S City Manager shall replace the Project Director at his sole discretion.
5.
6. It is understood by the parties to this agreement CITY
shall have sole authority to direct the activities
related to environmental monitoring and public relations, including retained consultants, for Project. It is
further understood by the parties to this agreement that
BOARD and CITY shall have joint authority to direct the activities related to construction management, including
retained consultants, for the Project.
7. The amount of reimbursement under this agreement is estimated not to exceed $31,332,650.00 for (a) construction costs incurred through CITY Contract No.
3429 to construct the Project; (b) the estimated not tc exceed costs to relocate a 12-inch diameter high pressure gas line by Southern California Gas Company; (c) an estimated not to exceed amount for construction permits
and other construction phase costs that are reasonably
incurred by CITY; (d) a not to exceed amount for thc
legal expenses of Dwight Worden who is representing CITk in the Sierra Club lawsuit; and (e) an estimated not tc
exceed amount for predator control costs durins
construction. However, no provision of this agreement,
including this estimate, changes or diminishes in any wai
the obligations of the BOARD and the City of Los Angeles
to fund the project to completion.
3
a 0 0 A. -.
9. BOARD shall establish and maintain a construction fund funded each fiscal year by the Board to fund all authorized construction costs. Upon receipt of monthly
pay estimates, reviewed and approved by the Construction
Manager and jointly authorized by the Project Directors,
payment will be made directly by the City of Los Angeles
to the contractor who has been awarded a contract by CITY
to construct the Project (Contractor). BOARD agrees to
make payment to the Contractor within thirty (30) days after receipt of an undisputed (by both Project Directors) and properly submitted payment request from
the contractor.
10. Pursuant to the provisions of the Collectible Work
Authorizations to be entered into between the CITY and Southern California Gas Company, the BOARD agrees to pay
directly to Southern California Gas Company an amount not
to exceed $1,251,450 for all costs associated with
relocating a 12-inch diameter gas line. CITY agrees to
expeditiously pursue the tax exemption referenced in the
Collectible Work Authorization.
11. BOARD agrees to reimburse CITY all fees associated with construction permits or other construction phase costs for an amount not to exceed $100,000.
12. Board agrees to allocate an additional $100,000 for fees
incurred by Dwight Worden, Attorney-at-Law, who is representing CITY in the Sierra Club lawsuit.
13. It is understood that BOARD agrees to reimburse
Centennial Engineering directly for overtime pay incurred
by Centennial's personnel as a result of the Contractor
working beyond the normal working hours as defined in
Contract No. 3429, Section 6-7.2.
14. BOARD agrees to allocate $110,000 for predator control
costs as incurred by the CITY through its agreement with the United States Department of Agriculture.
15. In the event the Contractor elects to use an escrow
agreement for security deposits in lieu of retention,
CITY shall provide BOARD with an executed copy of the escrow agreement immediately after execution of the agreement.
4
e e -w
c IN WITNESS WHEREOF, the parties hereto have executed this
CITY OF CARLSBAD, a Municipal Corporation of
agreement on the day and year first above written.
ALETHA L. RAUTENKRANZ, -1- City Clerk
Attest &&&.- R
CITY OF LOS ANGELES, by and through its Board
JCW:mc 3985wp
5