HomeMy WebLinkAbout1995-07-18; City Council; 13257; AMENDMENT TO AGREEMENT WITH PORT OF LOS ANGELES RE: EAST CARLSBAD BOULEVARD BRIDGE REPLACEMENT, APPROVE CHANGE ORDER NO. 10, APPROVE AGREEMENT WITH LCWD, INCREASE CHANGE ORDER AUTHORITY AND MAKING PROJECT APPROPRIATIONS// v, 5' 4-2 i 0 k* CITY OF CARLSBAD - AGENDA BILL 0
AGREEMENT WITH LCWD, INCREASE CHANGE ORDER
ADOPT Resolution No. 95-2/35 APPROVING:
Amendment No. 1 to an existing agreement between the City of Carlsbad ar
of Los Angeles, acting by and through its Board of Harbor Commissioners, for f
of the replacement of the East Carlsbad Boulevard bridge over Batiquil
(northbound) as a component of the Batiquitos Lagoon Enhancement Projec
Batiquitos project change order number 10 for the replacement of the br
amendment to the existing construction contract with T.L. lames and
incorporated; and
An agreement with the Leucadia County Water District (LCWD) regarding thc
of their sewer lines and related facilities required by the East Carlsbad Boule
replacement.
IT EM EXP LAN AT ION :
Originally constructed in 1952 by the State of California Highway Department, the City
owns and maintains the East Carlsbad Boulevard bridge (northbound) over Batiquitos L,
existing construction scope of work for the Batiquitos Lagoon Enhancement Project is lii
placement of scour protection material under the bridge to protect the 1952 bridg
abutments from daily tidal influence and potential storm damage. However, inspec
bridge in 1993 and 1994 revealed substantial scour under and around the existing bri
well as previously unknown deterioration of the support material under the bridge. Sin(
the situation has been studied extensively by the Batiquitos project engineers, Moffatt
Engineers, and staff from the City of Carlsbad and Port of Los Angeles. It has been dett
the complete replacement of the structure is more advantageous in terms of cost anc
versus an expensive retrofit of the existing 1952 bridge. Therefore, it has been recor
Port of Los Angeles. This amendment also includes provisions for the deletion in the
contract of a small buried rock revetment that was to be placed parallel southbou
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Page 2 of Agenda Bill No. /3,?57
the tidal inlet structures to be very low. Therefore, the revetment has been determined
needed. The amendment before the City Council includes provisions for deletion of the
from the construction contract.
Staff recommends approval of the amendment to the existing Carlsbad - Port agreement
The northbound bridge replacement will begin in August and require approximately 12
complete. The bridge design is virtually identical to the recently completed southbound
will produce 2 wider traffic lanes, a wider bicycle and pedestrian lane, and shoulder
northbound bridge will also contain a 10-foot wide concrete platform along the east
bridge deck upon which the Leucadia County Water District‘s 3 large sewer force mai
Batiquitos Lagoon will be relocated. These sewer facilities cannot be taken out of service
construction, therefore, requiring a 2-stage construction process for relocating the sewer
the bridge is being replaced. The cost of the sewer line relocation is also included in the
Angeles funded amendment with Carlsbad for this work.
All northbound vehicular, pedestrian, and bicycle traffic will be rerouted onto the recently
southbound bridge which will enable 2-way traffic along Carlsbad Boulevard at all timer
construction.
Included for the City Council’s review and approval is contract change order number
Batiquitos Lagoon Enhancement Project contractor T.L. James and Company, lncorpor
amount of $2,475,000. This change order was negotiated over a period of several moni
Batiquitos project prime contractor and is intended to modify the existing City I
construction contract to enable the East bridge to be replaced at this time and under the
control of the prime contractor. Staff wishes to emphasize the critical importance of c
this new and substantial item of work within the overall schedule for the lagoon project.
East bridge replaced by the prime contractor within the schedule window developed w
timely completion and coordinated work effort in the field. The Port of Los Angeles c
this approach. The Port’s Board of Harbor Commissioners approved the enclosed an-
their Wednesday, June 28, 1995 meeting.
Regarding the issue of the potential requirement to publicly bid the East bridge replace
issuing a contract change order to the existing City public works contract with T.L
Company, Incorporated, both the Carlsbad Purchasing Officer and City Attorney have
approach is permitted under both Section 3.28.1 72(b)(3) of the Carlsbad Municipal Code
3-2 of the 1994 Edition of the Standard Specifications for Public Works Construction v
this work. The existing public works contract can effectively be modified by change or(
by the City of Carlsbad up to 25% of the original contract value without requiring any
The cost of change order number 10 in the amount of $2,475,000 (9% of original coni
well as the cost of all other previously approved contract changes (4% of original con
in a cumulative value well within this 25% limitation. Staff recommends the approv
order number 10.
Also included for the City Council’s review is an agreement with the Leucadia County \
which permits the relocation their 3 sewer force mains during the East bridge replac
agreement includes provisions that all costs for the sewer line relocation, as well as re
costs for LCWD’s review of the construction documents, inspection, and administrati
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Page 3 of Agenda Bill No. /3,157
absorbed by the Batiquitos project. LCWD will continue to assume all maintenance ar
responsibility for the facilities following completion of their relocation. The LCWD Boarc
this agreement at their meeting of December 14, 1994. The Port of Los Angeles has i
Carlsbad to enter into this agreement with LCWD as required by the Batiquitos project.
resulting from the implementation of the sewer line relocation and all LCWD costs arc
responsibility of the Port of Los Angeles. Staff recommends approval the of Carlsba
agreement.
ENVIRONMENTAL REVIEW:
The Planning Director issued a Public Notice of Prior Environmental Compliance on Fc
1995 finding the environmental effects of the replacement of the East Carlsbad Boule1
were adequately considered in conjunction with the previously certified EIWEIS for
Lagoon.
GENERAL PLAN CONSISTENCY:
On April 19, 1995, the Carlsbad Planning Commission approved findings of GE
Consistency for the replacement of the East Carlsbad Boulevard bridge over Batiquitos
FISCAL IMPACT:
The attached amendment to the existing Carlsbad - Port of Los Angeles agreement incl
$2,572,000 for contract change order number 10 for the East Carlsbad Boule
replacement valued at $2,475,000 plus $97,000 in appropriated contingen
$50,000 additional reimbursement to Carlsbad for costs incurred for adminisl
East bridge replacement;
$27,330 for reimbursement to Carlsbad for costs incurred by Leucadia Cc
District for document review, inspection, and administration;
$735,000 reimbursement to Carlsbad for costs imposed by the Carlsbad
Northern Railway agreement which is the subject of a separate City Counc
$50,000 of City of Carlsbad costs reimbursing the Port of Los Angeles f
emergency repairs required to stabilize the East Carlsbad Boulevard Bridge (r
Funding for these repairs will come from the City's gas tax fund.
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As discussed above, the amendment also includes provisions for deletion of the cost (
revetment (estimated at $450,000) within the Carlsbad - T.L. James and Company,
contract. City staff has received assurances from the Port of Los Angeles that the Pr
Carlsbad in discussions with the California Department of Fish and Game during tl
formulation of the long term "Batiquitos Lagoon Maintenance Plan" to deposit future
dredging materials from Batiquitos Lagoon on the local beach immediately south of
jetty. This placement will provide increased protection in this area and will further alle\
for the installation of the buried rock revetment in the future.
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Page 4 of Agenda Bill No. 13257
Increase in the City Manager’s previously approved Change Order authority for this projec
to 25% is requested due to the value of Change Order No. 10 for the replacement
Carlsbad Boulevard Bridge. This increase in Change Order authority will provide t
flexibility for the continued administration of the construction of the project.
Staff recommends approval of the amendment to the existing agreement with the Port of I
for the Batiquitos Lagoon Enhancement Project.
EXHIBITS:
1. Resolution No. 95-2 13” approving Amendment No. 1 to an existing agreeme
Port of Los Angeles regarding the East Carlsbad Boulevard bridge over Batiquitos 1
2. Amendment No. 1 to agreement.
3. Contract change order number 10.
4. Agreement with Leucadia County Water District.
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RESOLUTION NO. 95-215
APPROVING AMENDMENT NO. 1 TO AN EXISTING AGREEMENT WITH T PORT OF LOS ANGELES REGARDING THE REPLACEMENT OF THE El
CARLSBAD BOULEVARD BRIDGE, APPROVING CHANGE ORDER NO. APPROVING AN AGREEMENT LCWD, INCREASING THE CHANGE ORC
AUTHORITY, AND MAKING PROIECT APPROPRIATIONS.
WHEREAS, the City Council of the City of Carlsbad, California, has previously
into an agreement with the City of Los Angeles, acting by and through its Board oi
Commissioners, by adopting Resolution No. 94-141 on May 17, 1994 regarc
construction phase of the Batiquitos Lagoon Enhancement Project; and
WHEREAS, the parties to said agreement desire to amend its provisions for the a(
work of replacement of the East Carlsbad Boulevard bridge over Batiquitos Lag
funding for related project requirements; and
WHEREAS, a project change order affecting said bridge replacement has been
for this work; and
WHEREAS, said bridge replacement includes the relocation of certain sewer foi
and related facilities owned, operated, and maintained by the Leucadia County Watc
and an agreement with said District has been prepared for this work; and
WHEREAS, the Port of Los Angeles shall provide additional project funding fo
under this Amendment No. 1; and
WHEREAS, the Board of Harbor Commissioners has approved said Amendmer
its meeting of Wednesday, June 14, 1995; and
WHEREAS, the City Council of the City of Carlsbad, California, hereby finds it
desirable, and in the public interest to approve the aforementioned Amendment N
existing agreement with the Port of Los Angeles, approve contract change order r
implementing said bridge replacement, and an agreement with the Leucadia COI
District affecting this project.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
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7. That the Finance Director is authorized to appropriate $50,000 from thc
fund balance to the Batiquitos Lagoon Enhancement Project account required for t
emergency repairs to the East Carlsbad Boulevard Bridge.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Counc
City of Carlsbad, California, held on the 18th day of JULY , 1995
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA aepnk.& L. m”T-$rk
(SEAL)
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HARNIR DEPARTMENT AGREEMENT &/9-5-& or CITY OF LOS ANGEES
AMENDMENT NO. 1
TO REIMBURSEMENT AGREEMENT NO. 1419-5
BETWEEN THE CITY OF CARLSBAD
AND THE CITY OF LOS ANGELES FOR
CONSTRUCTION OF THE BATIQUITOS LAGOON ENHANCEMENT PROJECT
This Amendment No. 1 to Reimbursement Agreement No. 1419-5 is made this. f'd b /y%C , between the CITY OF CARLSBAD, a municip
corporatidof the State of California, hereinafter referred to as CITY, and the Ci
of Los Angeles acting by and through the Board of Harbor Commissione
hereinafter referred to as BOARD.
RECITALS
WHEREAS, BOARD and CIp/ (the "Parties") have reviewed the need to repla
the East Carlsbad Bridge ("Bridge") as a result of historical degradation and the Batiquil
Restoration Project (the "Restoration"); and
WHEREAS, BOARD has noted CAL TRANS condemned the Bridge in 1993,
reasons unrelated to the Restoration and therefore BOARD has requested CITY to shl in the cost of restoring the Bridge;
WHEREAS, the Parties agree that a revetment along West Carlsbad Boulevar
not a necessary project element of the Restoration;
WHEREAS, BOARD is willing to pay the reasonable cost of replacing the Bric
Now, THEREFORE, CllY AND BOARD agree that Reimbursement Agreement
Article 1. Section 1. BOARD shall assist CITY with construction managemer
the Project. CITY and BOARD hereby designate Centennial Engineering, Inc. a:
Construction Manager for Project.
so long as the revetment need not be constructed:
1419-5 is amended as follows:
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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 b)
$3,384,330.00 resulting in a revised not to exceed (including items (9, (9) and (h) as addec
below) amount of $34,716,980.00 Section 7 is also amended to add the followin{
subsections: (fl a not to exceed amount of $2,572,000 for the construction of the Ea5
Carlsbad Boulevard Bridge; (9) a not to exceed amount of $50,000 for the addition:
construction phase costs incurred by the City of Carlsbad as a result of constructing thl
Project; (h) a not to exceed amount of $27,330 for the costs incurred by the Leucadi
County Water District to relocate existing sewer facilities and (i) a not to exceed amour
of $735,000 for the additional costs to modify the bracing on the San Diego Norther
Railroad (SDNR).
Article 3. Section 16. Section 16 is added as follows: East Carlsbad Bouleval
Bridge Agreement No. 1419-5 is amended to include the construction of the East Carlsbz
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 Relocati
Costs: The BOARD shall reimburse CITY for the costs incurred by CITY through CIT'
agreement with the Leucadia County Water District(LCW0) for the reimbursement
administrative and inspection costs associated with the relocation of existing sewer lin
and facilities along Carisbad Boulevard over Batiquitos Lagoon. Within thirty (30) calenc
days of receipt of an invoice from CITY, jointly authorized by the Project Directors, BOAI
shall pay CIIY the amount shown on each authorized invoice. Invoices shall descr
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 SDf
BOARD agrees to reimburse CITY for an amount not to exceed $735,000 for modificai
work to the bracing connections and maintenance on the SDNR trestle.
Article 6. Section 19. Section 19 is added as follows: Revetment alona VI
Carlsbad Boulevard: After reviewing further engineering studies, CITY agrees that
restoration of Batiquitos Lagoon does not require the construction of a revetment al
West Carlsbad Boulevard and that BOARD does not have any obligation to construct :
revetment.
Article 7. Section 20. Section 20 is added as follows: CITY shall ass
responsibility for the 1994 emergency repairs required to temporarily stabilize the
Carlsbad Boulevard Bridge from further damage. The total cost of these repai
$50,000. BOARD agrees to allow CITY to deduct this amount from CITY'S next re'
invoice for reimbursement for CITY expenses provided under Agreement 141 9-5.
Article 8. It is understood by CITY and BOARD that, except as amended abo\
items in Agreement No. 1419-5 shall remain in effect.
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.I( IN WITNESS WHEREOF, the parties hereto have executed this amendment on the da)
and year first above written.
n of the State o
CITY OF LOS ANGELES, by and through its Board of Harbc
ROVED AS TO FORM:
RONALD R. BALL
City Attorney
Ldy , 1995
Assistant City Attorney
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Change Order No. 10
Construction of New East Carlsbad Boulevard Bridge
June 5, 1995
James Van Norman
T. L. James & Company, Inc.
7720 B El Camino Real Box 429
Carlsbad, California 92009
Under the provisions of Section 3 of the Standard Specifications this is your authority to maE
the following changes. Payment will be made upon final execution of this agreement an
completion of the work.
Extra Work
Remove the existing East Carlsbad Boulevard (ECB) Bridge and construct the new EC
Bridge per the ECB Bridge plans and specifications dated June 1, 1995 and Addenda whic
addresses concerns and special conditions expressed in the meeting of May 30, 1995.
Reason For Chanwe
The original design for the ECB Bridge provided for retrofitting the existing structure.
In 1993, CalTrans conducted a structural inspection of the bridge at the request of the City a
Carlsbad after it was discovered that severe scour had occurred around the bridge piling.
CalTrans recommended closure of the bridge. Therefore based on this recommendation anc
that the estimated costs for retrofitting the existing structure will meet or exceed the costs fo
construction of a new bridge, it has been determined to proceeded with construction of a nev
bridge.
This work will proceed as a change to the Batiquitos Lagoon contract instead of being issuec
as a separate contract. This will allow for easier and better coordination between the lagoon
and bridge work because now the entire work will be under the control of one prime contractoi
and will eliminate potential conflicts of separate contractors in the same area. .Additionally,
time savings will be realized by conducting the work as a change order by allowing the work ta
begin at an earlier date. The time needed to issue the work as a separately bid contract is novi
eliminated.
Change in Contract Cost
The total cost for this change order shall not exceed $2,475,000.
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Page 2 Change Order #10
ChanRe in Contract Time
There will be no change in contract time.
The compensation (time and costs) set forth in the Change Order comprises the tot(
compensation due the Contractor, all Subcontractors, and all Suppliers, for the work or chang
defined in the Change Order, including impact on unchanged work. By signing the Chang
Order, the Contractor acknowledges and agrees, on behalf of himself, all Subcontractors, and
all Suppliers, that the stipulated compensation includes payment for all work contained in th
Change Order, plus all payment for the interruption of schedules, extended overhead cost:
delay, and all impact, ripple effect on cumulative impact on all other work under this Contract.
Please sign and return the signed original to our office.
,/d$nmendeoc
Nicholas D. Gennaro
Construction Manager
i/ ;L (9Qp? -
b[/Jh
T.L. James & Company, Inc. Date
City of Carlsbad Port of Los Angeles
CO to Date $ 1,640,436
This CO $ 2,475,000
Total CO $ 4,115.436
% of Contract Value 13.69 %
C: Bruce Seaton
John Cahill
Bob Stevens
File 312
File 412
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AGREEMENT BETWEEN CITY OF CARLSBAD AND
LEUCADIA COUNTY WATER DISTRICT FOR RELOCATION
OF EXISTING SEWER LINES AND FACILITIES
ALONG CARLSBAD BOULEVARD OVER BATlQUlTOS LAGOON
RECITALS
WHEREAS, the City of Carlsbad, a California municipal corporation, hereinafk
referred to as the "City," is currently undertaking the Batiquitos Lagoon Enhancemer
Project, hereinafter referred to as the "Project;" and
WHEREAS, said Project includes the future replacement of the City owne
northbound Carlsbad Boulevard bridge over Batiquitos Lagoon; and
WHEREAS, the Leucadia County Water District, a California Special Servic
District, hereinafter referred to as the "District," currently owns, operates, and maintair
certain sewer lines and facilities within City's right-of-way and attached thereto to City
bridge crossing Batiquitos Lagoon; and
WHEREAS, the parties to this agreement desire to provide for the relocation (
District's sewer facilities both during and following City's replacement of its bid(
crossing Batiquitos Lagoon; and
WHEREAS, the parties to this agreement hereby find it necessary, desirable, ai
in the public interest to approve this agreement.
CONTAINED HEREIN, the parties do hereby agree as follows:
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENAN'
1. City shall complete, or cause to be completed, the design, environmen
assessment and certification, acquisition of any and all public agency permits ai
approvals, construction, inspection, and testing required for the relocation of Distric
sewer lines and facilities within City's right-of-way crossing Batiquitos Lagoon as
component of the Project.
City shall consult with District during all phases of the work. City st
provide to District copies of all project drawings, specifications, studies, exhibits, repoi
and other project documents requested by District with which to review the desi
drawings for this work. District shall review and approve, or cause to be reviewed a
approved, the design drawings for the work, the approval of which shall not
unreasonably withheld.
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3. As a component of the Project, City shall provide for the tempora
relocation of District’s sewer lines and facilities so that they remain in service at all timf
during the replacement of City’s bridge. District shall operate and maintain their sew
lines and facilities at all times during the temporary relocation.
City hereby grants to District the right and permission for District to ins@
operate, and maintain its aforementioned sewer lines and facilities within City right-of-wi
along Carlsbad Boulevard crossing the new bridge to be constructed as a part of tl
Project. As a part of this agreement, City shall prepare appropriate easeme
documents, including legal descriptions and plats, more particularly describing the fir
location of District’s sewer lines and facilities. District shall review and approve sa
easement documents and shall execute said easement documents within thirty (30) da
of approval.
Following the date of completion of the bridge replacement by City, whic
shall include the permanent relocation of District’s sewer lines and facilities there
District shall assume all responsibility for future operation, maintenance, and repair
said sewer lines and facilities. For the purposes of this agreement, the date
completion shall be the date of formal acceptance of the bridge improvements by ti
City Council of the City of Carlsbad.
City shall pay for all costs associated with the relocation of District’s sew
lines and facilities including all costs for design, environmental assessment ai
certification, permit acquisition and compliance, construction, inspection, and testing
City shall reimburse District for its costs associated with administratic
accounting, design review, and construction oversight of the work. District shall have t
right to retain, at its sole election, outside consultants to assist District with any aspt
of their review of the work for which said costs shall be reimbursed by City to Distri
The total, not-to-exceed cost of City’s reimbursement to District under this agreemc
shall be $27,329.37 and is more particularly described in attached Exhibit 1, incorporat
by reference and made a part hereof.
City shall hold District, its officers, agents, employees, and authoriz
consultants not liable for any claims, liabilities, penalties, fines, or any damage to goo(
properties, or effects of any person whatever, nor for personal injuries or death caus
by, or resulting from, any intentional or negligent acts, errors, or omissions of City
City’s employees, agents, or representatives arising out of the performance of tl
agreement until one (1) year following the date of completion of the improvements
defined in Section 5 of this agreement. City agrees to defend, indemnify, and save fi
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5.
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7.
8.
(2)
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and harmless the District and its officers and employees against any of the foregoir
claims, liabilities, penalties or fines, including liabilities or claims by reason of allegt
defects in any plans and specifications, and any cost, expense or attorney's fees whic
are incurred by District on account of any of the foregoing.
9. City, its officers, agents, employees, and consultants shall not t
responsible nor liable for any acts or omissions by District's officers, agents, employee
and consultants performed during the course of this agreement.
The provisions of this agreement are severable. If any portion of tt
agreement is held invalid by a court of competent jurisdiction, the remainder of tl
agreement shall remain in full force and affect unless amended or modified by the mutL
consent of the parties.
This agreement shall be effective on and from the day and year whc
formally approved by both City and District.
10.
11.
LEUCAD COUN WATER DISTRICT
By: Pr ,~
Date: 4&- Date: July 19, 1995
ATTEST: ATTEST:
By: qT---- e 17 vL By: m
General wager / Aletha L. Raute
City Clerk
APPROVED AS TCa
By: k Btrict Counsel +=
APPROVED AS TO FORM:
\- b&,AT dOk>E J
(3)
L e
EXHIBIT I
mUCADlA COUNTY WATER DISTRICT
FORCE MAIN REAUGNMENT PROJECT
COST SUMMARY
1. LCWD cart:
A staff $9,429.37
B. Operational
1 ElectricalPower $1 ,Ooo.Oo
Subtotal $1 0,429.37
II. Consultant Cost
A. Engineering - see Attachment
1. Design Review $3,400*00
2. Inspection $6,000.00
\
8. Legal
1. Dowment Review $soo.oo
Subtotal s11,900.00
Ilb Contingency $5,000.00
Subtotal %5,ooo.oo ..
Total $27,329.37 -
a