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Home My WebLink About1989-11-07; City Council; 10354; APPROVAL OF SETTLEMENT WITH THE CARLSBAD UNIFIED SCHOOL DISTRICT FOR THE CARLSBAD SENIOR CENTER & CUSD EDUCATION CENTER, PROJECT NO. 32478 t GAHLSBAD - AGEN APPROVAL OF SETTLEMENT WI IOR CENTER & CUSD RECOMMENDED ACTION: Adopt Resolution No. Gj'j .\ -3941 approving a settlement with Carlsbad Unified School DistKict for the Carlsbad Senior Center Carlsbad Unified School District Education Center, Project 3247 , approving Change Order No. 40, and appropriating proj ITEM EXPLANATION: On September 27, 1989, the Carlsbad Unified School Distr formally approved a settlement with the City of Carlsbad regard reimbursement for the discovery and removal of hazardous materi from the project site on which the Carlsbad Senior Center Carlsbad Unified School District Education Center project currently under construction. Under the terms of this settleme the District will reimburse the City $65,000 to cover a portion the costs incurred to remove a previously unknown, abando kerosene tank and to dispose of the contaminated materi< discovered on the project site last October. The discovery of . kerosene tank has directly impacted the overall project schedl and budget. Staff recommends approval of the settlement and acceptance of ' District payment. The following is a summary of costs identified as being associa. with the removal of the kerosene tank and subsequent disposal the hazardous materials: 1. Contractor, Approved Change Order No. 3 $ 41,243.. 2. Soils Testing and Acquisition of Disposal Permits 30,265.d 3. Removal and Disposal of Hazardous Materials 39,422. ( 4. Structural Concrete Impacts, Approved Change Order No. 28 42,000. ( 5. Ongoing Monitoring of Wells 13,250. ( $166,180.1 REIMBURSEMENT FROM SCHOOL DISTRICT $ 65,000.( UNBUDGETED PROJECT FUNDS REQUIRED $101,180.1 I e * Page 2 of Agenda Bill No. ]if '35'-i materials. The construction contingency has therefore be exhausted. The overall construction of the project is in line wi the previously established project budget but for the expens associated with the kerosene tank. It is therefore requested th the $65,000 reimbursement from the Carlsbad Unified School Distri be accepted and appropriated to the project account. Additionall it is requested that the balance of the unbudgeted costs identifi above totaling $101,180.63 be appropriated to the project accour These additional project funds are estimated to be sufficient f the balance of all costs associated with the project. Also attached for the City Council's approval is Change Orc No. 40 in the amount of $4,568.95 necessary for extension of t waterline from the building through the lateral connection to t water main in Pine Avenue. This item was not specified in t project plans and specifications. On April 21, 1989, Ordinar No. NS-55 became effective modifying sections of the Carlsl: Municipal Code, specifically, Sections 3.28.080 and 3.28.' regarding limits of City Manager's authority to apprc construction change orders with an individual limit of $15,000 e( and a cumulative limit of $50,000. With the approval of Chai Order No. 40, the cumulative limit of $50,000 for approved chai orders will be exceeded in accordance with the effective date Ordinance No. NS-55. Therefore, the City Council is requested approve Change Order No. 40 and authorize the City Manage authority to approve individual change orders with a limit $15,000 each an additional cumulative limit of $100,0 Increasing the authorized limits in accordance with the applica' sections of the Municipal Code will enable the closure of seve minor project change orders necessary to complete the project a timely manner. As to the status of the project, the final interior finishes exterior landscaping and irrigation are currently being install All furniture and special equipment are scheduled to be delive beginning on November 15, 1989. The Carlsbad Seniors Program CUSD Administrative Offices will require approximately two weeks to move in, become acquainted with the facility and operating systems, and finish outfitting their new quarters w additional equipment and systems. Dedication ceremonies for facility have been tentatively scheduled for the first week December. FISCAL IMPACT: All costs associated with the unknown, unforeseen subsurj hazardous waste conditions on the Pine Avenue site were unbudgc project expenses and absorbed in total by the projec construction contingency account. To compensate for tl unanticipated expenses, and to replenish the construcf contingency account, staff recommends the $65,000 settlement the District be appropriated to the project construction acc number 810-840-3410-3247. a ;c, 3 5 &,i e Page 3 of Agenda Bill No. As identified above, it is recommended that the balance of cot associated with the kerosene tank discovery in the amount $101,180.63 be transferred from the General Fund, unapproprial fund balance, to the Redevelopment Fund, and appropriated to 1 project Account No. 810-840-3410-3247. EXHIBITS : 1. Resolution No.%?-$?h approving the settlement with the Carlsl Unified School District, approving Change Order No. 40, i appropriating project funds. 2. Change Order No. 40. j. < * 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 e 0 RESOLUTION NO. 89-396 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CHANGE ORDER NO. 40, APPROVING A SETTLEMENT AGREEMENT, AND APPROPRIATING PROJECT FUNDS FOR THE CARLSBAD SENIOR CENTER AND CUSD EDUCATION CENTER PROJECT WHEREAS, the City Council of the City of Carlsb( previously awarded a contract for the construction of the Ca Senior Center and CUSD Education Center Project; and WHEREAS, the City Council hereby finds it nece desirable and in the public interest to approve c modifications and additions to said project currently construction; and WHEREAS, costs relating to said modifications ha\ negotiated with the project contractor resulting in Change No. 40, for said project; and WHEREAS, the Carlsbad Unified School Distric approved a settlement regarding participation and costs rel? the discovery of hazardous materials on the project site. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitations are true and cor1 2. That Change Order No. 40 for the construction Carlsbad Senior Center and CUSD Education Center project is approved and the Mayor is hereby authorized and directed to t said Change Order. Said change order represents the next a] project change that exceeds a cumulative total in excess of ! and is therefore approved in accordance with Carlsbad Ordina 55, and Carlsbad Municipal Code, Sections 3.28.080 and 3.2 I /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 2o 21 22 23 24 25 26 27 28 a 3. That following the Mayor's signature of said Order, the City Clerk is authorized and directed to forwar executed Change Order to the Municipal Projects Departmei processing. 4. That a settlement with the Carlsbad Unified District regarding School District participation in the cos the unforeseen discovery and handling of hazardous materials project site is hereby approved resulting in the full and co settlement totaling $65,000 to be paid by District to City. 5. That the City Council does hereby authori: appropriation of said settlement value totaling $65,000 . project account number 810-840-3410-3247 to be made availab costs related to the project. 6. That in accordance with the provisions of Ca Ordinance No. NS-55, and Section 3.28.080 and Section 3.28. the Carlsbad Municipal Code, the City Manager's authorii approving change orders following project Change Order No. this project up to a limit of $15,000 per change order shal I /// /// /// /// /// /// /// /// /// /// n 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a m extended an additional cumulative amount not to excc additional $100,000 in accordance with said code sections. 7. That the City Council does hereby tr $101,200.00 from the General Fund, unappropriated fund balai the Redevelopment Fund and appropriate said amount to the 1 Account No. 810-840-3410-3247. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 7th day of November 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux an NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City\Clerk R ,R=- (SEAL) I 0 CITY OF CARLSBAD m PUBLIC WORKS PROJECT CHANGE ORDER NO. 40 (Le& than $5,000) 3247 PURCHASE ORDER NO. 6044 ACCOUNT NO. 811-820-1880-3 STRAUB CONSTRUCTION, INCORPORATED -: !! -. CONTRACT NO. CONTRACTOR'S NAME CONTRACTOR'S ADDRESS P. 0. BOX 965, FALLBROOK, CA 92028 The contractor is directed to make the following changes. Changes shall include material and equipment; payment stated on this change order includes all charges dii indirect arising out of this additional work. The requirements of the specific: where pertinent and not in conflict with this order shall apply to these changes. This change order is not effective unless signed by the City Manager. -_ U-lANGE: Extension of water line from the building to the lateral connection to the water main. SEE ATTACHMENT "A" REASON FOR CHANGE: Extension due to change in location of connection to water main. TIME CHANGE: COST : Lump sum X Unit prices Both Add days 0 Deduct days - - - Total this extra -$ 4,568.95 Add/deduct days this change - Previous net changes $ 160,64m Previous add/deduct days - Original contract amount $ 3,025,000.00 Original contract days I A New contract total $ 3,190,213s New contract time CONTRACTOR q;;g .?kL7 q* '& Construct n Inspector Da e BY i[(l!'ll\'2 Project Manager L 9/m9 bate c .- :I\ AUGI! r -. - , .-. RECZl kJ S;R:;.' -_, -- - .+ GCr; jT!$Xi < .'a .,' . . ,- ., ! ,/? L(! /.; 1;: <& White - Job File Pink - Project Inspector Yellow - Contractor Gold - Purchasing with P.O. Changf e I) ATTACHMENT A CHANGE ORDER 40 SCOPE 40. Install water line as delineated in Straub Construction's Change Order Request No. 56, dated August 10, 1989. The City and Straub Construction, Inc. agree that this change o does not include unknown and unforeseen costs that could arise out o this change. c S raub Construction, In1 TS:ss i8-8