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Home My WebLink About2021-01-26; City Council; Resolution 2021-031RESOLUTION NO. 2021-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO, 5 TO THE PROJECT AGREEMENT FOR CONSTRUCTION OF THE AGUA HEDIONDA SEWER LIFT STATION AND VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES VC11B—VC15, BETWEEN THE CITY OF CARLSBAD ANDTHE CITY OF VISTA, AUTHORIZE THE DEPUTY CITY MANAGER, ADMINISTRATIVE SERVICES, TO TRANSFER $1,200,000 FROM THE SEWER CONNECTION FEE FUND TO THE SEWER REPLACEMENT FUND, APPROPRIATE $1,200,000 FROM THE SEWER REPLACEMENT FUND, AND AUTHORIZE THE CITY MANAGER TO APPROVE CONTRACT DOCUMENTS AND REIMBURSEMENT PAYMENTS TO THE CITY OF VISTA FOR THE CITY OF CARLSBAD'S SHARE OF THE REMAINING PROJECT WORK IN AN AMOUNT NOT TO EXCEED $1,545,000 WHEREAS, on Feb. 10, 2015, the City of Carlsbad (Carlsbad) and the City of Vista (Vista) entered into a Project Agreement for construction of the Agua Hedionda Sewer Lift Station and Vista/Carlsbad Interceptor Sewer, Reaches VC11B-VC15 (Project); and WHEREAS, the Project Agreement designated Carlsbad as the Lead Agency; and WHEREAS, Carlsbad and Vista subsequently amended the Project Agreement on Dec. 8, 2017, to increase the Project's budget to cover unforeseen costs and additional services; on Sept. 11, 2018, to modify the Project Agreement's terms to include legal services necessary to complete the Project; and on Aug. 13, 2019, to increase the Project's budget to cover unforeseen costs and additional services; and WHEREAS, Carlsbad and Vista amended the Project Agreement for the fourth time on April 14, 2020 to transfer Lead Agency responsibility to Vista for completion of certain work (remaining work) using the progressive design-build method of project delivery and to increase the Project Budget by $1,500,000 to fund the cost of the remaining work, for a total Project Budget of $61,625,078; and WHEREAS, as the first step in the design-build procurement method, Vista procured Owner's Advisor services in the amount of $139,920, which is included in the $1,500,000 funding for the remaining work; and WHEREAS, the location of the remaining work is at the Agua Heclionda Lift Station, Reach VC12, in which Vista owns 69.1% and Carlsbad owns 30.9% of the Project, respectively; and Jan. 26, 2021 Item #1 Page 8 of 14 WHEREAS, Carlsbad and Vista share the cost of the remaining work in proportion to their ownership of Reach VC12; and WHEREAS, Carlsbad's share of the cost of the remaining work was $463,500, which includes Carlsbad's share of the Owner's Advisor services and a five percent markup for construction administration and project management services provided by Vista; and WHEREAS, the City Council authorized the City Manager to approve contract documents and reimbursement payments to the City of Vista for Carlsbad's proportionate share of the remaining work in an amount to not exceed $463,500; and WHEREAS, the Encina Wastewater Authority (EWA) operates the Agua Hedionda Lift Station on behalf of Vista and Carlsbad and requested system optimization and safety improvements and such improvements are deemed beneficial and necessary by Vista and Carlsbad staff; and WHEREAS, Vista solicited public bids for the remaining work and for the system optimization and safety improvements requested by EWA and received one bid for the remaining work at $4.29 million; and WHEREAS, construction of the remaining work and the system optimization and safety improvements requested by EWA will require an extension of the contract scope and fee for Vista's Owner Advisor services for an estimated fee of $112,000 for design phase services and $350,000 for construction phase services; and WHEREAS, a mitigated negative declaration and mitigation monitoring and reporting program were prepared for the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement Project (PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HOP 10-05/SUP 10-02/HMP 10-03). The mitigated negative declaration was adopted by the City Council on Dec. 6, 2011, in compliance with the California Environmental Quality Act (CEQA) Guidelines Section 15074; and WHEREAS, execution of Amendment No. 5 is within the scope of the adopted environmental documents and, since there are no substantial changes to the Project, no additional CEQA analysis is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. Jan. 26, 2021 Item #1 Page 9 of 14 2.That the deputy city manager, administrative services, is authorized to transfer $1,200,000 from the Sewer Connection Fee Fund to the Sewer Replacement Fund as a partial repayment of the outstanding Sewer Connection Fee Fund loan balance. 3.That the deputy city manager, administrative services, is authorized to appropriate additional funds from the Sewer Replacement Fund to the Project Budget in the amount of $1,200,000. 4.That the mayor of the City of Carlsbad is authorized and directed to execute Amendment No. 5 to the Project Agreement between the City of Carlsbad and the City of Vista, attached as Attachment A, which increases the Vista/Carlsbad Project Agreement Budget by $3,500,000 to a revised Project Agreement Budget of $65,125,078. 5.That the city manager of the City of Carlsbad, or designee is authorized to approve and execute contract documents and reimbursement payments to the City of Vista for Carlsbad's proportionate share of the remaining work in an amount not to exceed $1,545,000. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of January 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor 46, Pecior 6ome2 PePoj •BARBARA ENGLESON, City Clerk CI C Leo( 011\11i1111111/111/1/4 , CA144 (SEAL) Jan. 26, 2021 Item #1 Page 10 of 14 FIFTH AMENDMENT TO THE PROJECT AGREEMENT BETWEEN THE CITY OF VISTA AND THE CITY OF CARLSBAD FOR CONSTRUCTION OF THE AGUA HEDIONDA SEWER LIFT STATION AND VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES VC11B–VC15 THIS FIFTH AMENDMENT (“Fifth Amendment”) to the Project Agreement between the City of Vista and the City of Carlsbad, dated February 10, 2015 (“Project Agreement”), is made and entered into as of _________________, 2021 (“Fifth Amendment Date”), by and between the City of Vista, a chartered municipal corporation (“Vista”), and the City of Carlsbad, a chartered municipal corporation (“Carlsbad”). RECITALS A.Carlsbad and Vista entered into a Project Agreement for the construction of theAgua Hedionda Sewer Lift Station and Vista/Carlsbad Interceptor Sewer, Reaches VC11B–VC15 (Project) on February 10, 2015. The Project Agreement designated Carlsbad as the Lead Agency. B.Carlsbad and Vista entered into a First Amendment to the Project Agreement onDecember 8, 2017, to provide additional funding in the amount of $1,754,470 for additional construction costs associated with unforeseen issues and delays to the Project as well as additional construction management and inspection services required to complete the Project for a total Project Budget of $58,456,970. C.Carlsbad and Vista entered into a Second Amendment to the Project Agreementon September 11, 2018, to modify the terms of the Project Agreement to include legal services necessary to complete the Project. D.Carlsbad and Vista entered into a Third Amendment to the Project Agreement onAugust 13, 2019, to provide additional funding in the amount of $1,668,108 for legal services, design engineering and construction support, and construction management and inspection services to address unforeseen issues and delays associated with the contractor’s claim of changed conditions related to the microtunneling scope of work and performance issues related to the lift station pumping system for a total Project Budget of $60,125,078. E.With Vista’s advice and consent, Carlsbad issued a unilateral deductive changeorder, Contract Change Order No. 16, dated October 23, 2019, to Pulice Construction, Inc., in the amount of $834,888.18 to delete the “Remaining Work” on the Project. F.The “Remaining Work” generally consists of demolition of the old sewer lift station, removal of third-party utilities, relocation of emergency standby diesel pumps, landscaping, site lighting, storm drain improvements, final grading, and base and final paving. G.Carlsbad and Vista entered into a Fourth Amendment on May 1, 2020 to name theCity of Vista as the Lead Agency to manage the effort to complete construction of the Remaining Work with a new contractor using the progressive design-build method of project delivery and increased the Project Budget by $1,500,000 to $61,625,078. H.Encina Wastewater Authority, which operates and maintains the Agua HediondaLift Station (AHLS) on behalf of Carlsbad and Vista, is requesting safety, regulatory compliance, Jan. 26, 2021 Item #1 Page 11 of 14 and operability improvements (Encina Improvements) to AHLS which are not in the original project construction documents. Carlsbad and Vista mutually agree that these improvements should be completed with the Remaining Work. I. Carlsbad and Vista desire to enter into a Fifth Amendment of the Project Agreement to increase the Project Budget by $3,500,000 to $65,125,078 and to allocate this cost in proportion to their ownership of the AHLS, which is 30.9% Carlsbad and 69.1% Vista. NOW, THEREFORE, Vista and Carlsbad agree as follows: 1. With Carlsbad’s advice and consent, Vista will contract with the Design-Build Team of TC Construction, Inc./Michael Baker International (DBT) for Phase 1 – Pre-Construction Services for $696,560. 2. With Carlsbad’s advice and consent, Vista will amend CDM Smith Inc. (CDM) Owner’s Advisor’s (OA) scope of work to extend professional services during Phase 1 for $111,966. Carlsbad agrees to pay its proportionate share of OA services ($34,597) plus a 5% mark up ($5,598) in consideration for construction administration and project management services provided by Vista. 3. The Project Budget is increased by $3,500,000 to $65,125,078. The total cost of the Remaining Work, Encina Improvements, and OA services may not exceed $5,000,000 or the total Project Budget of $65,125,078 without the approval of a separate, subsequent amendment to the Project Agreement. 4. All other provisions of the Project Agreement, as may have been amended from time to time, will remain in full force and effect. CITY OF VISTA, a chartered municipal corporation By: JUDY RITTER, MAYOR ATTEST: KATHY VALDEZ, CITY CLERK By: APPROVED AS TO FORM: DAROLD PIEPER, CITY ATTORNEY By: RISK MANAGEMENT REVIEW: DOLORES GASCON, RISK MANAGER By: CITY OF CARLSBAD, a chartered municipal corporation By: MATT HALL, MAYOR ATTEST: BARBARA ENGLESON, CITY CLERK By: APPROVED AS TO FORM: CELIA A. BREWER, CITY ATTORNEY By: Jan. 26, 2021 Item #1 Page 12 of 14 ATTACHMENT A Vr13.83V, 2021 3 Item #1 Page 13 of 14