CC SR 20180220 H - SDDIP Construction CO and Caltrans Coop AgmtRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 02/20/2018
AGENDA HEADING: Consent Calendar
Consider authorization of a change order to construction contract with Colich & Sons for
change of conditions and authorize the Mayor and City Clerk to execute a Cooperative
Agreement with Caltrans to receive $200,000 in State Highway Operation and
Protection Program funds to build a segment of storm sewer pipe across Western
Avenue under the construction contract with Colich & Sons.
RECOMMENDED COUNCIL ACTION:
1) Authorize a change order of $504,442.62 to construction contract with Colich &
Sons for change of conditions; and,
2) Authorize the Mayor and City Clerk to execute the Cooperative Agreement and
receive $200,000 in State SHOPP funds.
FISCAL IMPACT: The recommended action will result in a total authorized
expenditure of $504,442.62. The funding necessary to complete this work is Capital
Improvement Program Fund Balance.
Amount Budgeted: $ 1,970,450
Additional Appropriation: $ 504,442.62
Account Number(s): 330-400-8707-8807`
ORIGINATED BY: Natalie Chan, PE, Associate Engineer /Or.
REVIEWED BY: Elias Sassoon, PE, Director of Public Worksd
APPROVED BY: Doug Willmore, City Manager f
ATTACHED SUPPORTING DOCUMENTS:
A. Cooperative Agreement with Caltrans (page A-1)
BACKGROUND AND DISCUSSION:
The Storm Drain Deficiency Improvements Project construction has been underway,
and a change of conditions has been discovered at the first of 3 locations. The 3
locations, in order of work scheduled, are: Granvia Altamira, Montemalaga Drive, and
Western Avenue. While digging the trench to lay the new pipe at the first location
(Granvia Altamira), the contractor discovered solid rock that took additional time to
break through and remove. Further, the location of the proposed 36" and 42" storm
sewer pipe had to be changed due to utility conflicts, which required an average depth
increase of 5' to clear the existing utilities for a length of about 1,000 feet. City Staff
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negotiated costs down to about 53% of what was originally requested from the
contractor. Both Staff and contractor believe the negotiated cost is warranted and fair.
The contractor is currently working at the second location at Montemalaga Drive and
has not encountered rock. Pre -construction pits were dug and no digging complications
are expected in this region. Western Avenue is built on fill material so large rock is not
expected to occur in these areas.
As part of the scope of this project, an existing storm sewer pipe, which crosses
Western Avenue near Caddington Drive, is to be replaced with a 42" reinforced
concrete pipe. The pipe is in disrepair and consequently, there is a flooding situation
along Western Avenue during any moderate rainfall event. Staff worked with Caltrans
to receive compensation for this new pipe. Caltrans has agreed to reimburse the City
$200,000 for this work so the net impact to the Capital Improvement Fund is
$304,442.62. Further, Caltrans has agreed to provide a field inspector for this proposed
work. The City Attorney has reviewed and approved the attached agreement to form.
Contract Amount + Contingency
$1,970,451.00
Change Order amount
$504,442.62
Total Construction Cost
$2,474,893.62
Caltrans contribution
-$200,000.00
Total Expenditure from SWQFP Fund
$1,769,900
Total Expenditure from CIP Fund
$504,993.62
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council's consideration:
1. Reject the negotiated additional cost and enter into further negotiations or
a claims process. Continue with Western Avenue and enter into
cooperative agreement with Caltrans and accept $200,000 to complete
this portion of work.
2. Accept the negotiated additional cost. De -scope Western Avenue and
decline the cooperative agreement with Caltrans and associated $200,000
to complete this portion of work.
3. Reject the negotiated additional cost and enter into further negotiations or
a claims process. De -scope Western Avenue and decline the cooperative
agreement with Caltrans and associated $200,000 to complete this portion
of work.
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07 -LA -213-2.6 to 2.8
EA: 4P580
Project Number: 0718000172
Agreement 07 - 5153
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COOPERATIVE AGREEMENT
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State SHOPP Minor Funds Contribution
This Agreement, effective on , is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:
the City of Rancho Palos Verdes, a body politic and municipal corporation or chartered city of
the State of California, referred to hereinafter as CITY.
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RECITALS
PARTIES are authorized to enter into a cooperative agreement for improvements to the
State Highway System per the California Streets and Highways Code sections 114 and 130.
2. The term AGREEMENT, as used herein, includes any attachments, exhibits, and
amendments.
3. AGREEMENT shall have no force or effect until CITY has obtained an encroachment
permit from CALTRANS.
4. CITY intends to construct improvements to the Storm Drain at the Caddington Drive
Intersection within the State Highway System and is referred to herein as PROJECT.
5. CITY will follow the CALTRANS encroachment permit process in order to complete the
PROJECT.
6. CALTRANS will pay CITY in the amount of $200,000 from SHOPP Minor funds required
for PROJECT.
7. PARTIES hereby set forth the terms, covenants, and conditions for CALTRANS'
contribution toward PROJECT.
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SCOPE
8. CITY is responsible for completing all work for PROJECT.
9. At no cost to CITY, CALTRANS will perform Quality Management to assure City's work
is performed in accordance with CALTRANS' current policies, procedures, standards, and
practices.
Minor Funds Contribution Agreement 2016 06 13 Page 1 of 7 A-1
Agreement 4P580 - 5153-
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INVOICE & PAYMENT
10. CITY will submit to CALTRANS monthly invoices for the prior month's actual
expenditures.
11. CALTRANS will pay CITY within 45 (forty-five) calendar days of receipt of invoices.
12. PARTIES agree that the total amount of SHOPP Minor funds paid out to CITY will not
exceed $200,000.
13. After PARTIES agree that all work for PROJECT is complete, CITY will submit a final
accounting for all costs. Based on the final accounting, CITY will refund or invoice as
necessary in order to satisfy the financial commitment of AGREEMENT.
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GENERAL CONDITIONS
14. All obligations of CALTRANS under the terms of AGREEMENT are subject to the
appropriation of resources by the Legislature, the State Budget Act authority, and the
allocation of funds by the California Transportation Commission.
15. If CITY fails to complete the PROJECT for any reason, CITY shall, at CITY 's expense,
return the State Highway System right-of-way to its original condition or to a safe and
operable condition acceptable to CALTRANS. If CITY fails to do so, CALTRANS
reserves the right to finish the work or place the PROJECT in a safe and operable
condition. CALTRANS will bill CITY for all expenses incurred and CITY agrees to pay
said bill within forty-five (45) days of receipt.
16. If CITY fails to complete the PROJECT for any reason, CITY will refund the full amount
of CALTRANS' contribution.
17. CITY will retain all PROJECT related records for four (4) years after the final voucher.
18. HM -1 is hazardous material (including, but not limited to, hazardous waste) that may
require removal and disposal pursuant to federal or state law, whether it is disturbed by the
PROJECT or not.
HM -2 is hazardous material (including, but not limited to, hazardous waste) that may
require removal and disposal pursuant to federal or state law only if disturbed by the
PROJECT.
The management activities related to HM -1 and HM -2, including and without limitation,
any necessary manifest requirements and disposal facility designations are referred to
herein as HM -1 MANAGEMENT and HM -2 MANAGEMENT respectively.
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Agreement 4P580 - 5153-
19. If HM -I or HM -2 is found during construction, CITY will immediately notify
CALTRANS.
20. CALTRANS, independent of PROJECT, is responsible for any HM -1 found within the
existing State Highway System right-of-way. CALTRANS will undertake, or cause to be
undertaken, HM -1 MANAGEMENT with minimum impact to PROJECT schedule.
CALTRANS, independent of PROJECT will pay, or cause to be paid, the cost of HM -1
MANAGEMENT related to HM -1 found within the existing State Highway System right-
of-way.
21. CITY, independent of PROJECT, is responsible for any HM -1 found within PROJECT
limits and outside the existing State Highway System right-of-way. CITY will undertake
or cause to be undertaken HM -1 MANAGEMENT with minimum impact to PROJECT
schedule.
CITY, independent of the PROJECT, will pay, or cause to be paid, the cost for HM -1
MANAGEMENT for HM -1 found within PROJECT limits and outside of the existing
State Highway System right-of-way.
22. CITY is responsible for HM -2 MANAGEMENT within the PROJECT limits.
23. HM -2 MANAGEMENT costs are PROJECT costs.
24. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or
liability occurring by reason of anything done or omitted to be done by CALTRANS, its
contractors, sub -contractors, and/or its agents under or in connection with any work,
authority, or jurisdiction conferred upon CALTRANS under AGREEMENT. It is
understood and agreed that CALTRANS, to the extent permitted by law, will defend,
indemnify, and save harmless CITY and all of its officers and employees from all claims,
suits, or actions of every name, kind, and description brought forth under, but not limited
to, tortious, contractual, inverse condemnation, or other theories and assertions of liability
occurring by reason of anything done or omitted to be done by CALTRANS, its
contractors, sub -contractors, and/or its agents under AGREEMENT.
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Agreement 4P580 - 5153-
25. Neither CALTRANS nor any officer or employee thereof is responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by CITY,
its contractors, sub -contractors, and/or its agents under or in connection with any work,
authority, or jurisdiction conferred upon CITY under AGREEMENT. It is understood and
agreed that CITY, to the extent permitted by law, will defend, indemnify, and save
harmless CALTRANS and all of its officers and employees from all claims, suits, or
actions of every name, kind, and description brought forth under, but not limited to,
tortious, contractual, inverse condemnation, or other theories and assertions of liability
occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-
contractors, and/or its agents under AGREEMENT.
26. If the work performed on PROJECT is done under contract and falls within the Labor Code
section 1720(a)(1) definition of "public works" in that it is construction, alteration,
demolition, installation, or repair; or maintenance work under Labor Code section 1771
CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all
applicable provisions of California Code of Regulations found in Title 8, Chapter 8,
Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its
contracts for public work. Work performed by City's own forces is exempt from the Labor
Code's Prevailing Wage requirements.
CITY shall require its contractors to include prevailing wage requirements in all
subcontracts funded by AGREEMENT when the work to be performed by the
subcontractor is "public works" as defined in Labor Code Section 1720(a)(1) and Labor
Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in
CITY contracts.
27. AGREEMENT is intended to be PARTIES final expression and supersedes all prior oral
understandings pertaining to PROJECT.
28. Unless otherwise documented in a maintenance agreement, CITY will maintain all
PROJECT improvements.
29. AGREEMENT will terminate upon CALTRANS' acceptance of PROJECT. However, all
indemnification and maintenance articles of AGREEMENT will remain in effect until
terminated or modified in writing by mutual agreement.
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Agreement 4P580 - 5153-
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DEFINITIONS
PARTY — Any individual signatory party to AGREEMENT.
PARTIES — The term that collectively references all of the signatory agencies to
AGREEMENT.
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Agreement 4P580 - 5153-
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CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTY to
AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes.
Contact information changes do not require an amendment to AGREEMENT.
The primary Agreement contact person for CALTRANS is:
Eric Wang, Project Manager
100 S. Main Street
Los Angeles, CA 90012
Office Phone: (213) 897-8816
Email: Eric.Wang@dot.ca.gov
The primary Agreement contact person for CITY is:
Natalie Chan, Project Manager
30940 Hawthorn Blvd.
Rancho Palos Verdes, CA 90275
Office Phone: (310) 544-5289
Email: Nataliec@RPVCA.GOV
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SIGNATURES
Agreement 4P580 - 5153-
PARTIES declare that:
1. Each PARTY is an authorized legal entity under California state law.
2. Each PARTY has the authority to enter into AGREEMENT.
3. The people signing AGREEMENT have the authority to do so on behalf of their public
agencies.
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STATE OF CALOIFORNIA
DEPARTMENT OF TRANSPORTATION
Carrie L. Bowen
District 07 Director
VERIFICATION OF FUNDS AND
AUTHORITY:
Paul Kwong
District Budget Manager
Minor Funds Contribution Agreement 2016 06 13
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RANCHO PALOS VERDES
Susan Brooks
Mayor
ATTEST:
Emily Colborn
Clerk
APPROVED AS TO FORM AND
PROCEDURE:
Dave Aleshire
Attorney
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