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Home My WebLink About2021-12-14; City Council; Resolution 2021-279RESOLUTION NO. 2021-279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 6 TO THE PROJECT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF VISTA FOR CONSTRUCTION OF THE AGUA HEDIONDA SEWER LIFT STATION AND VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES VC11B- VC15 EXHIBIT 1 WHEREAS, on Feb. 10, 2015, the City of Carlsbad (Carlsbad) and the City of Vista (Vista) entered into a1 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, on Dec. 8, 2017, Amendment No. 1 to the Project Agreement increased the Project budg~t to cover unforeseen costs and additional services; and WHEREAS, on Sept. 11, 2018, Amendment No. 2 modified the Project Agreement's terms to incluqe legal services necessary to complete the Project; and WHEREAS, on Jun. 11~ 2019, Amendment No. 3 increased the Project budget to cover unfor~seen costs and additional engineering, construction management and inspection services; and WHEREAS, on April 14, 2020, Amendment No. 4 transferred Lead Agency responsibility to Vista for co_mpletion of certain work (remaining work) at the Agua Hedionda Lift Station using the progressive design-build method of project delivery, approved Vista's Owner's Advisor services in the amount of $139,920, and increased the Project budget by $1,500,000 to a total of $61,625,078; and WHEREAS, Carlsbad and Vista share the cost of the remaining work at the Agua Hedionda Lift Station in proportion to their ownership of Reach VC12, in which Vista owns 69.1% and Carlsbad own~ 30.9%, respectively; and WHEREAS, on Jan. 26, 2021, Amendment No. 5 increased the project budget by $3.5 million for completion of. the remaining work, which included compliance, operational, security and safety impr6vements deemed beneficial and necessary by Carlsbad and Vista, Vista's Owner's Advisor services and a 5% markup for project management services provided by Vista, to a total of $65,125,078; and WHEREAS, on Nov. 1, 2021, Vista received the Guaranteed Maximum Price of $5,672,437 for completion of the remaining work and the Owner's Advisor fee of $743,227 for construction phase Dec. 14, 2021 Item #6 Page 9 of 14 EXHIBIT 1 suppo:rt services to include archaeological, paleontological and biological monitoring services, with 10% conti~gencies; and WHEREAS, Vista's 5% markup for project management services through the construction phase is estil'Tlated to be $49,756; and WHEREAS, Carlsbad and Vista request additional funding estimated to be $100,000 for legal servic~s, $250,000 for electrical modifications and testing related to lift pump impeller replacement ' and $;I-50,000 for environmental mitigation site maintenance and monitoring; and WHEREAS, the increase in the estimated PDB project cost authorized by Amendment Nos. 4 and 5 is $2.864,110, for a total project budget of $67,989,188; and WHEREAS, staff request additional appropriation of $827,151 to complete the project; 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(()/SP 144(L)/RP 10-26/CDP 10-17 /HDP 10-05/SUP 10-02/HMP 10-03). The miti~ated negative declaration was filed with the State Clearing House' (SCH #2010081053) and adop~ed 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. 6 is within the scope of the adopted environmenta[ 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 CounciJ of the City of Carlsbad, California, as; follows: 1. That the above recitations are true and correct. 2. That the Deputy City Manager, Administrative Services, is authorized to appropriate additional funds from the Sewer Connection Fund to the project budget in the amount of $827,151. : 3. That the Mayor of the City of Carlsbad is authorized and directed to execute Ame~dment No. 6 to the Project Agreement between the City of Carlsbad and the City of Viste (Atta~hment A), which increases the project budget by $2,864,110 to a total of $67,989,188. 4. That the City Manager of the City of Carlsbad, or designee is authorized to approve reimbursement payments to the City of Vista for Carlsbad's proportionate share of the remaining work in an1amount notto exceed $2,479,766. Dec. 14, 2021 Item #6 Page 10 of 14 ATTACHMENT A SIXTH 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 SIXTH AMENDMENT ("Sixth 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 ("Sixth Amendment Date"), by and between tli)e City of Vista, a chartered municipal corporation ("Vista"), and the City of Carlsbad, a chartered municipal corporation ("Carlsbad"). I RECITALS A. Carlsbad and Vista entered into a Project Agreement for the construction of the Agua Hedionda Sewer Lift Station and Vista/Carlsbad Interceptor Sewer, Reaches VC118-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 on Qecember 8, 2017, to provide additional funding in the amount of $1,754,470 for additional cpnstruction costs associated with unforeseen issues and delays to the Project as well as a1dditional construction management and inspection services required to complete the Project for a1 total Project budget of $58,456,970. I . C. Carlsbad and Vista entered into a Second Amendment to the Project Agreement on September 11, 2018, to modify the terms of the Project Agreement to include legal services n·ecessary to complete the Project. D. Carlsbad and Vista entered into a Third Amendment to the Project Agreement on August 13, 2019, to provide additional funding in the amount of $1,668,108 for legal services, qesign engineering and construction support, and construction management and inspection s:ervices 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 change order, Contract Change Order No. 16, dated October 23, 2019, to Pulice Construction, Inc., in the ~mount of $834,888.18 to delete the "Remaining Work" on the Project consisting 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. . F. Carlsbad and Vista entered into a Fourth Amendment on May 1, 2020, to name the City 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 increase the Project Budget by $1,500,000 to $61,625,078. G. Carlsbad and Vista entered into a Fifth Amendment on January 26, 2021, to increase the Project budget by $3.5 million for completion of the Remaining Work to include ~ompliance, operational, security and safety improvements requested by the Encina Wastewater Authority and deemed necessary by Carlsbad and Vista, Vista's Owner's Advisor services and a 5% markup for project management services provided by Vista, to a total of $65, 125,078. 1 Item #6 Page 12 of 14