HomeMy WebLinkAbout1994-10-18; City Council; 12911; APPROVAL OF AGREEMENT WITH PORT OF LOS ANGELES AND AWARD OF CONTRACT FOR THE REPLACEMENT OF THE WEST CARLSBAD BOULEVARD BRIDGEY OF CARLSBAD - A
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THE REPLACEMENT OF THE WEST CARLSBAD
Angeles, approving a consultant agreement with Centennial Engineering, incorr
appropriating interim project funding, and awarding a contract for the replacemen
West Carlsbad Boulevard bridge over Batiquitos Lagoon, Project No. 3349.
ITEM EXPLANATION
On August 9, 1994, the City Council adopted Resolution No. 94-228 approving th
specifications, and contract documents and authorized the advertisement of construct
for the replacement of the West Carlsbad Boulevard bridge over Batiquitos Lagoon,
No. 3349. On September 19, 1994, four (4) sealed bids were received and op
Carlsbad as follows:
Roy E. Ladd, Incorporated $ 1,122,971 .OO
R.E. Hazard Contracting Company $ 1,384,104.00
Stimpel-Wiebel haus Associates $ 1,399,849.00
Associated industries, incorporated $ 1,835,247.00
The design engineer’s estimate for the construction of the project is $ 1,455,900. Thi
is a Federal Highway Administration (FHWA) Highway Bridge Repair and Rep1
(HBRR) funded project administered by the local State of California Depart
Transportation (CALTRANS) District office. in a letter dated September 29, 1994, CP
has reviewed the bid materials submitted by all prospective bidders and has autho
City of Carlsbad to award the construction contract to the lowest responsive, re!
bidder Roy E. Ladd, Incorporated.
Staff has verified the contractor’s bonds, licenses, and insurance and checked referen
recommends award of the contract to the low bidder, Roy E. Ladd, Incorporated.
Board of Harbor Commissioners, regarding reimbursement of all project costs fron
of Los Angeles to the City of Carlsbad for this phase of the Batiquitos Lagoon Enh
Project. The agreement identifies a total estimated project cost of $1,534,0(
components of the West Carlsbad Boulevard bridge replacement project. This
provisions for all monthly construction progress payments to be made directly by t
Los Angeles to the project contractor, construction contingencies, reimbursement tr
for all consulting construction management and inspection costs, and reimbur
Carlsbad for all City expenses incurred during the administration of the bridge re,
project. The Port of Los Angeles, Board of Harbor Commissioners formally app
agreement at their meeting of October 12, 1994. Staff recommends approval oft
Los Angeles - City of Carlsbad reimbursement agreement.
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Page Two of Agenda Bill No. /2; ?/I
Also included is a consultant agreement with Centennial Engineering, Incorporated to I
on-site inspection and construction management services for this bridge replacement I
Because the bridge replacement is a FHWA funded, CALTRANS administered prc
certified, experienced resident bridge inspector is required. The enclosed cor
agreement with Centennial Engineering, Incorporated provides the required certified
inspection and office support services. Both CALTRANS and the Port of Los Angel
approved this agreement. Centennial Engineering is the City's construction man?
consultant for the Batiquitos project; their role will be expanded to include inspectio
West Carlsbad Boulevard bridge. Staff recommends approval of the attached co
agreement.
Construction is scheduled to begin in November and require approximately 10 m
complete. This schedule for the replacement of the West Carlsbad Boulevard bri
component of the overall schedule of the Batiquitos Lagoon Enhancement Project.
As stated in several previous agenda bills, project status reports, project newsletl
quarterly quadrant meetings, replacement of the West Carlsbad Boulevard bridge req
temporary closure of southbound Carlsbad Boulevard at Poinsettia Lane, diverting sou
traffic to 1-5, and returning southbound coastal highway traffic at La Costa
Northbound traffic lanes, including bicycle and pedestrian lanes, will remain open at
during construction. Continuous access to the State Parks campground off Poinsettia
the State's day use beach parking facilities south of the West Carlsbad Boulevard br
also be available at all times.
FISCAL IMPACT
The total estimated project cost is $1,534,000 which is to be funded based
following apportionment of costs:
80% of eligible costs:
20% of eligible costs:
FHWA HBRR program funding
Local matching funds (Port of Los Angeles)
In general, all pre-approved design, construction, inspection, materials tes
administrative project costs are considered to be "eligible" project costs under tl
HBRR program. In a project of this size and nature, there are very few "non-elig
therefore, non-reimbursable costs. Nevertheless, the attached agreement betwee
of Carlsbad and the Port of Los Angeles provides for the 20% local matching
"eligible" costs and 100% of all "non-eligible" costs, if any, to be paid by the F
Angeles. All City of Carlsbad costs will be reimbursed by the Port of Los Angeles.
be no net project costs to the City of Carlsbad.
Administration of the project by Carlsbad will require a short term appropriation
for cash flow purposes. It is requested the City Council appropriate $250,00(
General Capital Construction Fund, Unappropriated Reserve, to the project acco
following City of Carlsbad costs which will be fully reimbursed by the Port of L
under the terms of the attached reimbursement agreement:
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Page Three of Agenda Bill No. 'a; q//
Construction management and
inspection consu king services: $ 167,000
Soils and materials testing: 25,000
CALTRANS structural and commercial
products inspection: 25,000
City staff time: 10,000
Contingency (1 0% of above):
Total City costs subject to
fu I I reimbursement:
23,000
$ 250,000
EXHIBITS
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Resolution No. 9 'i 39 6
Reimbursement agreement with the Port of Los Angeles.
Consu I tant agreement with Cen ten n ial Engineering, Incorporated.
regarding Project No. 3349.
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RESOLUTION NO. 94-298
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSt CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT WITH THE POR LOS ANGELES AND AWARDING A CONSTRUCTION CONTRACT FOR REPLACEMENT OF THE WEST CARLSBAD BOULEVARD BRIDGE, PROJECT 3349.
WHEREAS, the City Council of the City of Carlsbad, California, has previously er
into an agreement with the Port of Los Angeles, Board of Harbor Commissioners, reg;
the Batiquitos Lagoon Enhancement Project; and
WHEREAS, an element of said project includes the replacement of the West Cz
Boulevard bridge over Batiquitos Lagoon; and
WHEREAS, said project has received the approval of the Federal Hi
Administration and CALTRANS as eligible for Federal participatory funding; and
WHEREAS, said agencies have approved the aforementioned bids received 1
project and have authorized Carlsbad to award said project; and
WHEREAS, an agreement has been prepared regarding the reimbursemen
Carlsbad project costs by the Port of Los Angeles and said Board has approt
reimbursement agreement; and
WHEREAS, the City Council hereby finds it necessary, desirable, and in th
interest to approve said reimbursement agreement, related agreements, appropriatc
project funding, and award the construction contract.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of 1
California, as follows:
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That the above recitations are true and correct.
That a reimbursement agreement with the Port of Los Angeles
approved and the Mayor is authorized to execute said agreement. Following th
signature of said agreement, the City Clerk is authorized to forward five copi
agreement to the Port of Los Angeles, Attention Mr. Bruce Seaton, Director of Cc
Management, 425 South Palos Verdes Street, P. 0. Box 151, San Pedro, Califorr
0151 and one copy to the Community Development Department.
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3. That an agreement with Centennial Engineering, Incorporated is
approved and the Mayor is authorized to execute said agreement. Following the
signature of said agreement, the City Clerk is authorized to forward one signed copy
the Port of Los Angeles at the above listed address, Centennial Engineering, lncor
Attention Nick Gennaro, 7720-B El Camino Real, Box 21 6, Carlsbad, California, 92C
the Community Development Department.
4. That the City Council hereby approves an appropriation of $250,000
General Capital Construction Fund, Unappropriated Reserve, to the project account a
project funding subject to full and complete reimbursement from the Port of Los
under the terms of the aforementioned agreement.
5. That the City Council does hereby award a construction contract for Pr<
3349 to the lowest responsive, responsible bidder Roy E. Ladd, Incorporated in thc
of $1,122,971.00.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Caris
Council held on the 18th day of OCTOBER , 1994, by the follow
to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
(SEAL)
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OCT 86 '94 09:18RM CONST MGMT P. 2/5 - . A-
REIMBURSEMENT AGREEMENT
REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE CITY Of LOS ANGELES FOR
CONSTRUCTION OF THE WEST CARLSBAD BOULEVARD BRIDGE
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THIS AGREEMENT is made this day of , 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 inrend 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
10 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
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OCT 06 '94 09:llRM CONST MGMT P .3/5
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Project, This Project has been approved by the Federal Highway
Administration for partial funding (BRLN No. 5308-007). 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, Inc., as the
Construction Manager for this project.
Both BOARD and CITY shall appoint one (1) Project Director each to
represent BOARD and CITY to administer the project in the following
way:
(a) The Project Directors shall have joint authority to authorize and
execute construction change orders increasing or decreasing the contract
amount in excess of $50,000.00 per change order. The Project
Directors shall have joint authority to approve increases and decreases
to the contract time. Construction Manager shall have authority to
approve change orders UP to, but nor exceeding $50,000.00 each with
a cumulative limit of 10 percent of the original contract amount.
(b) Construction change orders that exceed a cumulative total of
fifteen percent (1 5%) of the original construction contract amount shall
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 joint
authorization occurring if the parties are in agreement. In the event that,
after meeting and conferring in good faith, the parties are unable to
agree, a meeting of the City Manager and the BOARD'S Executive
Director shall be held to resolve the item in dispute.
(d) In the event the parties are unable to agree and the disagreement
involves the refusal of the BOARD to approve a payment to the
contractor, the BOARD agrees it will defend all litigation brought by the
contractor against the CITY or BOARD and pay any and all sums which
may be awarded in favor of the contractor or negotiated in settlement of
the litigation.
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CITY and BOARD recognize that during the construction period,
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first above written.
CITY OF CARLSBAD, a Municipal Corporation of the State
of California
BY CLAUDE A- LEWIS, Mayor
Attest
ALETHA L. RAUTENKRANZ, City Clerk
CITY OF LOS ANGELES, by and through its Board of Harbor
commissioners
By EZUNIAL BURTS, Executive Director
APPROVED AS TO FORM:
BY , 1994
RONALD R. BALL
City Attorney
APPROVED AS TO FORM:
BY , 1994
RAYMOND P. BENDER
Assistant City Attorney
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