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Home My WebLink AboutLos Angeles, City of / Bd of Harbor Commissioners; 1994-10-12; 1419-60 a November 8, 1994 TO: LEE RAUTENKRANZ FROM: JOHN CAHILL/ SUBJECT: LATEST REIMBURSEMENT AGREEMENT BETWEEN CITY OF CARLSBAD AND PORT OF LOS ANGELES; BATIQUITOS LAGOON ENHANCEMENT PROJECT Enclosed are five (5) executed copies of the latest reimbursement agreement between the City of Carlsbad and the Port of Los Angeles for the Batiquitos project. The agreement was approved by the Carlsbad City Council on October 18, 1994, Resolution No. 12,911. After the Mayor signs the agreements, please return four (4) copies to the POLA Board Secretary at the address listed in the enclosed October 28th letter. Please send me one (1) Xerox copy of the signed agreement for my project files. Thanks for your help. 1) a WORLDPORT Richard J Rrordan, Mayor, City of Lc Board of Harbor Commrssioners Frank M Sanchez, Ph D , President Lee M Anderson, Vice President Carol L Rowen Jonathan Y Thomas Leland Wong Peter Mandia, Secretary Ezunral Burts Executwe Director October 28, 1994 Mr. John Cahill City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 SUBJECT: REIMBURSEMENT AGREEMENT NO. 1419-6 BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF CARLSBAD At the meeting held on Wednesday, October 12, 1994, the Los Angeles Board of Harbor Commissioners resolved that Reimbursement Agreement No. 1419-6, between the City of Los Angeles and the City of Carlsbad, be approved and authorized its execution. Enclosed are five (5) copies of Agreement No. 1419-6, please execute and return four (4) executed copies to: Port of Los Angeles Commissioner Office, Attention Rose P.O. Box 151 San Pedro, CA 90733-0151 Very truly yours, PETER MANDIA Commission Secretary/Analyst PM: rd Enc. Pori of Los Angeles 425 So Palos Verdes Street P 0 Box 151 San Pedro, CA 90733-0151 310/SEA PORT FAX 370/831 0439 An Affrrmatwe Action/Equa/ Opportunity Employer November 14, 1994 Port of Los Angeles Commissioner Office P.O. Box 151 San Pedro, CA 90733-0151 Attn: Rose RE: REIMBURSEMENT AGREEMEXC NO. 1419-6 BETWEEN THE CITY OF CARLSBAD AND THE PORT OF LO8 ANGELES Enclosed per your request are four fully executed original reimbursement agreements (Agreement No, 1419-6)- The agreement was approved by the Carlsbad City Council at its meeting of October 18, 1994, by the adoption of Resolution No. 94-298. Also enclosed for your records is a copy of Resolution No. 94- 298. / &*, Assistant ' y Clerk CMC Encs - c: John Cahill 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280 *: 0 .I REIMBURSEMENT AGREEMENT REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF LOS ANGELES FOR CONSTRUCTION OF THE WEST CARLSBAD BOULEVARD BRIDGE ..................................................................................................................... day of @k%U 42 z4 THIS AGREEMENT is made this 1994, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and the City of Los Angeles acting by and through the Board of Harbor Commissioners hereinafter referred to as BOARD. RECITALS WHEREAS, BOARD and CITY intend to pursue a project identified as the enhancement of Batiquitos Lagoon as mitigation for Los Angeles Harbor fills; and WHEREAS, BOARD and CITY are parties to an Agreement ("MOA") with various federal and state agencies which established procedures and responsibilities for design, construction and maintenance of the Batiquitos Lagoon; and WHEREAS, the replacement of the West Carlsbad Boulevard Bridge (Project) is within the scope of work required to enhance the Batiquitos Lagoon. WHEREAS, CITY has received bids and is now proposing to award a contract to the lowest, responsive, responsible bidder for the construction of the Project; and WHEREAS, BOARD is responsible to fund a portion of the amount necessary to construct the West Carlsbad Boulevard Bridge and to assist City with administration of the construction of the Project. Now, THEREFORE, in consideration of the covenants and conditions, it is agreed as follows: 1. BOARD agrees to provide funding for the project on behalf of CITY for an estimated, not to exceed amount of $1,534,000.00. Project costs include construction costs, administrative costs and costs associated with testing and construction inspection services. Board shall establish and maintain a construction fund to fund all authorized Project costs. Upon receipt of monthly pay estimates, reviewed and approved by the Construction Manager jointly authorized by the Project Directors, payment will be made directly by the City of Los Angeles to the contractor who has been awarded a contract by CITY to construct the 1 *I a 0 ' .- - Project. This Project has been approved by the Federal Highway Administration for partial funding (BRLN No. 5308-001). No later than fifteen (1 5) calendar days after receipt of federal assistance payments, CITY agrees to reimburse BOARD for all such reimbursement received. It is understood by parties that federal reimbursement amount will be 80 percent of eligible design construction, administrative, testing and inspection costs and approved change orders. BOARD shall be responsible for remaining 20% of eligible costs plus all other costs not funded by the Federal Highway Administration. Board shall assist City with construction management services for the Project as set forth in Agreement No. 141 9-5 between CITY and BOARD. CITY and BOARD shall designate Centennial Engineering, lnc., as the Construction Manager for this project. Both BOARD and CITY shall appoint one (I) Project Director each tc represent BOARD and CITY to administer the project in the followinc way: (a) The Project Directors shall have joint authority to authorize anc execute construction change orders increasing or decreasing the contracl amount in excess of $50,000.00 per change order. The Projecl Directors shall have joint authority to approve increases and decrease5 to the contract time. Construction Manager shall have authority tc approve change orders up to, but not exceeding $50,000.00 each witt- a cumulative limit of 10 percent of the original contract amount. (b) Construction change orders that exceed a cumulative total 01 fifteen percent (1 5%) of the original construction contract amount shal be approved in advance by CITY and BOARD. (c) For the purposes of this Paragraph 3 and other paragraphs of this agreement, the "joint authority" of the parties shall be defined as the mutual obligation to meet and confer in good faith with join authorization occurring if the parties are in agreement. In the event that after meeting and conferring in good faith, the parties are unable tc agree, a meeting of the City Manager and the BOARD'S Executivi Director shall be held to resolve the item in dispute. (d) In the event the parties are unable to agree and the disagreemen involves the refusal of the BOARD to approve a payment to thi contractor, the BOARD agrees it will defend all litigation brought by thi contractor against the CITY or BOARD and pay any and all sums whicl may be awarded in favor of the contractor or negotiated in settlement o the litigation. 2. 3. 2 * e I. 4 . / b h (e) the contractor could request additional monies due to an unforeseen difficulty in completing the specified work or for requested extra work. CITY and BOARD agree that if a change order is jointly authorized as described above, City may require the contractor to proceed with work without negotiating a change order price (assuming contractor and both project directors have been unable to agree on price) and BOARD will defend all litigation brought by the contractor against CITY or BOARD and pay any and all sums which may be awarded in favor of the contractor or paid in settlement of the litigation. CITY agrees that it has reviewed Contract No. 3349 and agrees that it will not award extra work beyond the scope of work described in Contract No. 3349 unless the Project Directors have approved such work as set forth above. It is understood by the parties to this agreement CITY shall have sole authority to direct the activities related to environmental monitoring and public relations, including retained consultants, for Project. It is further understood by the parties to this agreement that BOARD and CITY shall have joint authority to direct the activities related to construction management, including retained consultants, for the Project. In the event the Contractor elects to use an escrow agreement for security deposits in lieu of retention, CITY shall execute such agreement and provide BOARD with an executed copy of the escrow agreement immediately after execution of the agreement. CITY shall advise BOARD of the payment arrangements for escrow deposits that are necessary in order to comply with the escrow agreement. CITY and BOARD recognize that during the construction period, 4. 5. 3 .-s 0 0 UL # . * *% IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. Attes ALET CITY OF LOS ANGELES, by and through its Board of Harbor Commissioners %I--- kc,. ,,-L By EZUNIAL TS, Executive Director .(" APP D AS TO FORM: BY & a Lq7994 RONALD R. BALL City Attorney 1994 JCW:3985wp 4