The URL can be used to link to this page

Home My WebLink About1987-11-17; City Council; 8743-2; Elm AV improvements change order 1APPROVE CONSTRUCTION CHANGE ORDER RECOMMENDED ACTION: Adopt Resol ut ion No .a 9 7 approving construct i on Change Order No. 1 to Elm Avenue Improvements East of El Camino Real Project to include the paving of a traffic lane along El Camino Real north of its intersection with Elm Avenue. ITEM EXPLANATION Lusardi Construction Company is required to construct a traffic lane and one half of the median improvements along El Camino Real between Elm Avenue and Hosp Way pursuant to terms of the Development Improvement Agreement for PD-188 The City Engineer has determined that these improvements are needed due to ongoing construction of Elm Avenue east as well as west of its intersection with El Camino Real and the imminent opening of the intersection to vehicular traffic. The median improvements have been constructed under a private agreement between Lusardi Construction Company and Rising Glen project developers. However, staff efforts for over a ten month period to obtain compliance with the agreement concerning the traffic lane have been unsuccessful. United Pacific Insurance Company has filed faithful performance bond number U 45 41 08 in the amount of $65,000.000 to ensure that improvements required in the agreement are constructed. The bonding company has been notified that Lusardi Construction Company has failed to perform its obligation under the improvement agreement and that the City is prepared to exercise its legal right on the matter and is proceeding accordingly. The proposed change order will expand the Elm Avenue Improvement Project’s work scope to include 1,050 linear feet of a 11.5 foot wide traffic lane along El Camino Real immediately north of the Elm Avenue intersection at and estimated cost of $54, D03-. 24. The cost estimate is based on unit prices obtained by competitive bidding for the East Elm Avenue project. The actual cost will be determined using the unit price costs from the East Elm Avenue contract and the actual quantities of materials and services necessary to complete the work. FISCAL IMPACT City Council has appropriated $850,000.00 from the Traffic Impact Fee Fund, Northern Section, Fund No. 134 for the Elm Avenue Improvement East of El Camino Real Project. There is a current available balance PAGE 2 OF AGENDA BILL NO. 8743 -2 in the project account of $460,439.00 which permits the change order to be made without additional appropriations. The payments required for construction of the traffic lane will be reimbursed by the United Pacific Insurance Company pursuant to faithful performance bond number U 45 41 08. EXHIBITS : 1. Resolution 92 9 7 approving Change Order No. 1. 2. Location Map a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CHANGE ORDER NO. 1 TO ELM AVENUE IMPROVEMENTS EAST OF EL CAMINO REAL PROJECT. bad California, has construct a traffic tional items within the scope of 50,000.00 exists for this project; il of the City of the Mayor to sign a ntractor, South1 and g of the Carlsbad City Eouncil held on the following vote, to nlit: NOW, THEREFORE, BE :arl sbad, Cal i forni a, as fol 1. That the above re Paving Inc. for a traffic lane along PASSED, APPROVED AND ADOPTED at AYES : NOES : ' ABSENT: 9TTEST: 9LETHA L. RAUTENKRANZ, City Clerk (SEA1) 3 - - LOCATION MAP to be Paved Existing PROJ. NO. - EXHIBI 2 CITY OF CARLSBAD PUBLIC WORKS PROJECT CHANGE ORDER NO. 1 (More than $5,000) CONTRACT NO. 3230 PURCHASE ORDER NO. 4342 ACCOUNT NO. $12 820 1840 3730 CONTRACTOR'S NAME SOUTHLAND PAVING, INC. CONTRACTOR'S ADDRESS 361 NORTH HALE AVENUE ESCONDIDO, CA 92025 The contractor is directed to make the following changes. Changes shall include labor, material and equipment; payment stated on this change order includes all charges direct or indirect arising out of this additional work. The requirements of the specifications, 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 : 1. Unclassified Excavation 2. Asphalt Concrete 6" 3. Class I1 A.B. 19" 4. Saw Cut 5. Seal Coat 6. Traffic Control 7. Traffic Striping and Removal Quantity 895 CY 453 Ton 1377 Ton 1050 LF 12075 SF Lump Sum Lump Sum Unit Price 4.86 41.39 17.06 1.00 0.03 ----- ----- Total 4,349.70 18 , 749.67 23,491.62 1,050.00 362.25 2,000.00 4 , 000.00 $54,003.24 REASON FOR CHANGE: Lusardi Construction Company has failed to fulfill their obligation to improve El Camino Real pursuant to terms of the Development Improvement Agreement for PD-188. Pacific Insurance Company has filed faithful performance bond number U 45 41 08 to ensure that improvements are constructed. United This work will expand the scope of the Elm Avenue Improvements East of El Camino Real project to include 1050 linear feet of a 11.5 feet traffic lane along El Camino Real immediately north of the Elm Avenue intersection. COST : - Lump sum x Unjt prices Both x Total this extra +- Previous net changes 8 -- Original contract amount $ 374,647 73 New contract total $- M ayo r Date TIME CHANGE: Add days 15 Deduct days --- Add/deduct days this change mdar -- Previous add/deduc t days -- Original contract days J!i&kndar 9QWanda r New contract time -6-87 Contractor Date c 47-6-87' C@st4uct ion GInspector Date v White - Job File Pink - Project Inspector Yellow - Contractor Gold - Purchasing with P.O. Change Order ,a s *" LUSARDI*- Building Construction Engineering Construction Civil Engineering CONSTRUCTION COMPANY KENNETH H. LOUNSBERY Vice President, General Counsel November 17, 1987 Mr. Lloyd B . Hubbs, City Engineer CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, California 92009 Re: Elm Gardens; El Camino Real Roadway Improvements 11-17-87 Agenda Item (cont.) Dear Mr. Hubbs: This is to follow up on our discussions with respect to the above-described project. The partners in the Elm Gardens project are now satisfied that the single-lane roadway improvements on El Camino Real must be installed pursuant to the engineering plans prepared by HCH Engineering. Stated differently, the partners agree that the construction standards applicable to such project have not been increased since the date of execution of the 1983 Development Agreement and bond. Therefore, the partners have authorized the execution of a subcontract agreement by the Sim J. Harris Company for the performance of the necessary work. The contract with Harris, as originally prepared, referred to plans which required a smaller street section than required by the HCH drawings. Thus, it became necessary to revise the contract by the reference to a correct set of plans. The revised contract is now being circulated for execution. Considering that the partners are now prepared to meet the standards defined in the HCH plans, and that they can obtain a contract for performance of the work at a lower cost than would be available to the City, it is requested that the City Council forebear from the approval of a resolution awarding a contract for the work. Be assured that the partners and their contractor will pursue the work to completion with all due diligence. F-~ / KIIL : ss cc: Ronald R. Ball, Asst. City Atty. Warner Lusardi Wendell Strong Ed Fogal Mission Viejo 23392 Madero Road, Suite L Mission Viejo, Ca. 92691 San Marcos Corporate Office 1570 Linda Vista Drive San Marcos, Ca. 92069 (61 9) 744-31 33 (714) 472-2248