Loading...
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