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HomeMy WebLinkAboutAGENDA REPORT 1991 1120 CC REG ITEM 11DITEM MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 city cot _ :N0113V jrcualteeA !gyp t1M10ffNJ - ,PJddd00'1' M E ZXO R A N D U M TO: Honorable City Council. FROM: Mary R. Lindley, Assistant to the City Manag DATE: November 14, 1991 (Council Meeting 11/20) SUBJECT: Consider Approval of Agreement Between the City of Moorpark and the Los Angeles County Transportation Commission for Services for the Design and Construction of the Moorpark Rail Platform Background In November 1990, the Southern California Regional Rail Authority, a joint powers authority consisting of Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties, was formed to coordinate a plan to provide commuter rail service to downtown Los Angeles. The Los Angeles County Transportation Commission (LACTIC) has been charged with the task of implementing this plan. The service, which will primarily use existing railroad right -of -way to connect downtown Los Angeles to the outlying areas, is scheduled to begin operating in October 1992, As proposed, the commuter rail service operating in Ventura County will originate from Moorpark in the morning and return in the evening. The Rail Authority plans to locate a layover facility in Moorpark to house and service t:h- trains at the end of each day. In October the City Council approved submittal of a Transportation Capital Improvement (TCI) Fund rfrant from the State for $697,440 and designated $200,000 from ?he City's Transportation System Management Fund as match. The city applied for these funds under Intercity Rail (AMTRAK service which requires no matching funds. The City's application include(I design and construction of a 500 foot center platform, electricra rehabilitation, landscaping and parking lot construction and r— d,i1.i.tation. PAUL W LAWRASON JR BERNARDO M PEREZ d.; .4ONTUOMERr ROY E TALLEY JR JOHN E WOZNIAK Mayor Mayor Pro Tern i 1r,emcx- Councdmemoer CounCilmember Pnnted On Recycles F'�oe, Rail Platform Design and Constru= t ()n kTreement November 14, 1991 Page 2 On November 13, the panel review;nq TCI applications informed the City that its rail station project could not be considered as a total intercity rail project sine.! the station would also serve as a commuter rail facility. !'he City has two TCI funding alternatives, first apply for funding as a commuter rail facility, in which case the City must match the funds at 50 percent. This alternative would require that the City scale back the scope of work to just the construction of a 425 foot platform in order to stay within the $200,000 match designated by Council. The second alternative would be to apply for partial funding as an intercity rail facility and partial funding as a commuter rail facility. The City would only have to match 50 percent of the funds associated with commuter rail costs of $400,000 ($200,000 City match). The remaining intercity rail costs ould be funded with no required match. Because of the short time frame i which stations must be designed, constructed, and ready for service, LACTC is proposing to contract for architectural design construction management, and construction of the stations participating in the commuter rail system. Participating cities will enter into agreements with LACTC for the provision of these services and reimburse the Commission through scheduled payments. Because LAC "'C will contract for services for numerous stations, track improvements, and layover facilities, the cost to each individual city wil he Le!;s than if the cities were to contract separately. Staff is proposing that the City t,ntE.!r into an agreement with LACTC for the design and construction cf the rail platform and necessary electrical work only; parking and landscaping improvements will not be included. The agreement w:il contain the aforementioned two alternatives. The alternative E;e..ec.;ted will be the decision of the City and will be made pending t.h( tinal outcome of the City's TCI application. Alternative A could be selected if Caltrans were unwilling to support partial i.r terci.ts✓ rail funding and would involve design and constructio of a 425 foot commuter rail platform, 3 canopies, and rehabilitating the existing electrical system for an estimated cost. �f $404,768. If the City is successful in securing fund.irq as ar Intercity /Commuter Rail facility, Alternative B would rIolwe design and construction of the required 800 intercity foet. rail platform, 4 canopies, and electrical work. The cost for A tee nat ve B if; $726,544. The architectural consultant .�e l.. ct.ed by LACTC ( DeLeuw Cather and Co.) will work with City st�i,f to design the platform in conformance with City of Moorpar� :-st.and,trds and those established by the Commission and the ;n °ter,. ^alifornia Regional Rail. Authority. Rail Platform Design and Constlru( tiom Actreement November 14, 1991 Page 3 Attached to this report is the agreement between the City and LACTC. Final wording is still )einq worked out and may change slightly from what is presented to you wi-ft this report. Recommendation Staff recommends that the City Council approve the agreement between the City of Moorpark and the Los Angeles County Transportation Commission for services for the design and construction of the Moorpark ra-1 platform as outlined in this report, subject to final languaae changes to be approved by the City Attorney and City Manager. AGREEMENT BETWEEN THE �_LTY OF MOORPARK AND THE LOS ANGELES COUNTY TRANSPORTATION COMMISSION FOR SERVICES FOR THE [DESIGN AND CONSTRUCTION OF THE MOORPARK COMMLIT' R RAIL STATION THIS AGREEMENT is made And entered into in the City of Moorpark on this day of _ 1991, by and between the CITY OF MOORPARK, a municipal ccr:>orition, he ?reinafter referred to as CITY, and the Los Angeles County Iransportation Commission, hereinafter referred to as COMMI SION W I T N E; S E `I' H: WHEREAS, the Los Angeles County Transportation Commission and the City of Moorpark agref to provide for a multi -modal regional transportation center (-- chancing mobility in the Eastern Ventura County area; WHEREAS, both Parties ,,aVE! received approval from their respective governing boards to p,,rticipate in the project; WHEREAS, by utilizing the Commission's contractor to design and construct the City's ail platform, the Commission and the City will benefit from cost, liabili..t:y and schedule savings; WHEREAS, the Commission has estimated the design, construction and related costs of a 425 foot center rail platform at $404,768 and a 800 foot center raii.I.A-atform at $726,544. WHEREAS, the Commission possess the required competence and experience and is available o pro %.ide the required services for the period of t!-i.is Agreement NOW, THEREFORE, .n consideration of their mutual promises, obligations and cover -ants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above until acceptance of said serii� s as provided in the Scope of Work. 2. CITY'S OBLIGATIO_N_S services as specified in this COMMISSION shall receive in fu.iL.1 of $43,368 for design of a 425 f o design of a 800 foot center p -A.at center- -- -platform and related wcrk. construction of a 800 foot cen- estimated to cost $648,700 a:s attached hereto as Exhibit COMMISSION shall receive from t design plans. The compensaticr "B ", attached hereto and made L'[pon COMMISSION performing all Agreement, CITY shall pay and ompensat.ion therefore a total sum t center platform, or $77,844 for Drm. Construction of a 425 foot s estimated to cost $361,400 and ^r platform and related work is fentified in the Scope of Work, Prior to contruction the .e CIT' written approval of the chedu_1e is contained in Exhibit it t yi- this Agreement. 3. COMMISSION'S OB1,1_3i' PIONS. For and in consideration of the payments and agreements 1,;_7reinbefore mentioned to be made and performed by the CITY, COMMI °`310N a(7rees with CITY to furnish the services and to do ever•), t i,,1 rc�� :, u i red by this Agreement, including the Scope of Work as de�,cri_ bed in the document, attached hereto as Exhibit "A ". Without limiting the generality of the foregoing, COMMISSION warrants on behalf of itself and all subcontractors engaged for the performance of this Agreement that only persons authorized to work n the United States pursuant to the immigration Reform and Control. Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. If after receivinu final negotiated costs from contractor, COMMISSION determine. CITY'S estimated construction costs will be in excess of $361 , 4.; 0 I -or a 425 foot center platform or $648,700 for a 800 foot platform, it shall not proceed with construction of the CITY'S of work unless excess costs are approved in writing by the CITY. If the CITY does not proceed with construction, the balance of the lesign costs shall be due within 30 days of said decision. 4. Neither COMMISSION nor any officers or employees thereof shall be responsible for ;iny damage or liability occurring by reason of anything done or omitted to be done by CITY under or in its connection with any w(:.;mrk, authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government code Section 895.4, CITY shall fully indemnify, defend and hold COMMISSION harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor n: a officers or employees thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COMMISSION under or in its connection with any 4ork, authority or jurisdiction delegated to COMMISSION under this Agreement. It is also understood and agreed that, pursuant t +::) Government Code Section 895.4' COMMISSION shall fully :ndemni.f'y, defend and hold CITY harmless from any liability i.mj: +.used fA..)r injury (as defined by Government Code Section 810.8)., occurring by reason of anything done of omitted to be done by 0 MMISSION under or in connection with any work, authority or _i.rr i ,d ict icon delegated to COMMISSION under this Agreement. 5. AMENDMENTS. Ary amendment, modification, or variation from the terms of thi: - Igreement shall be in writing and shall be effective only upon of f) oval t v the City Manager and /or City Council. 6. TERMINATION. CIPY ,nd COMMISSION may terminate this Agreement with or without cause upon thirty (30) days written notice in which case COMMISSIOr, shall be entitled to receive compensation for the reasonablf aloe of COMMISSION'S service performed through the terminal_io +.late. Furthermore, if, during the term of this Agreement, CI'11S' eter. m.i °Zes that COMMISSION is not faithfully abiding by any term cr -- (nid'._t.,on contained herein, CITY may notify COMMISSION in writ : r cf :_ ich defect: or failure to perform; which noticF? must q CMM1 ION a 24 -hour notice of time thereafter in which to perform said work of cure the (r deficiency. If COMMISSION has not performed the work or cured the \ deficiency within the time specif ed in the notice, or if a similar failure to perform or deficiency s repeated, such shall constitute a breach of this Agreement and CITY may terminate this Agreement immediately by written notice tc COMMISSION to said effect. In said event, COMMISSION shall be entitled to the reasonable value of its services performed up to the day it received CITY'S Notice of Termination, minus any offset from such payment representing the CITY'S damages from such breach. Failure of COMMISSION to provide CITY staff reports, exhibits, charts, graphs, and other written material which meets or exceeds -- easonable professional stanuards shall cause damages which are ,..,nascertainable at the inception hereof, entitling CITY to offset any payments due on the contract in the form of liquidated damages not exceeding the balance due on the contract, and not as a pena ty. . CITY reserves the right to delay any post- termination payment until completion or confirmed abandonment of the project, as may be determined in the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event shall COMMISSION be entitled to receive in excess of the compensation qucate, 3 in th i.s proposal /bid. 7. ASSIGNMENT/SUCCESSORS. Neither party hereto shall assign any of the benefits or burdens hereunder without the prior written consent of the other party hereto. Assigns and successors to the parties hereto shall be bound by the provisions hereof. / 8. COMPLETE AGREEMENT. This written Agreement, ( including all writings specifically incorporated herein by reference, shall constitute t:::he complE't.e agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to wria ing an( specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or refresent;it: ion be binding upon the parties hereto. 9. TIME OF PERFORMAW E. Time is of the essence in this Agreement. 10. ANTI - DISCRIMINATION. In the performance of the terms of this Agreement, COMMISSION agrees that it will not engage in, nor permit such subcontract.o.rs as it may employ, to engage in discrimination in employment of persons because of the age, race, color; --- -sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to Labor code Sec?.J.on 1735. 11. AUDIT. CITY sha_,l. have the option of inspecting and /or auditing all records and other written materials used by COMMISSION in preparing its stz,.tement;. to CITY as a condition precedent to any payment to COMM'SS10N. 1.2. NOTICE. All written not:�.c-es to the parties hereto shall be sent by United States ma:l, postage prepaid by registered or certified mail addressed a! fl: 1 1 ows : �:_'ITY : C:i ' y of Moorpark r; moo rf;. i rk Road Mo =)rpark, CA 93021 At,ention- City Manager COMMISSION: Io, Angeues County Transportation Coiimi ss io I At. °:n: Gray Crary p1 West seventh Street I c :'uncle -' :�s, CA 9001.7 13. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and COMMISSION do covenant that yach individual executing this Agreement on behalf of each part a person duly authorized and empowered to execute Agreements Tor such party. 14. CONFLICT OF INTEREST. Neither COMMISSION nor any employees, agents, or subcontractors of the COMMISSION who will be assigned to this project, to the best of COMMISSION'S knowledge, own any property or interest in properties, business relationships, or sources of income which may ke affected by the performance of this Agreement. Should either party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict CITY may terminate the Agreement immediately on the same conditions applicable when C °OMMISSION fails to provide to CITY staff reports, exhibit_ 'ha r-t. s , etc. ( See Section 6 hereof). IN WITNESS WHEREOF, th- parties hereto have caused this instrument to be executed the cla in( \ -�ar first above written. ATTEST City Clerk 1-f )F MOORPARK Pau 1 W Lawrason Jr, Mayor 1,0S ANGELES COUNTY TRANSPORTATION "OMMI `�;SION Nei lieterson,Executive Director Dewit*= W. Clinton, County Counsel EXHIBIT A SCOPE OF WORK The City has identified two sep(_�rate project alternatives. The decision as to which Alternative gill be selected will be the sole discretion of the City and will be: pending the TCI funding decision by the California Transportat L(ir Comm is! ;ion. Aternative A: Design and .,,onst:.ruction of a 425 foot center platform, includi�q _ canopies, necessary electrical rehabilitation, and re.l,3ted work. Aternative B: Design and construction of a 800 foot center platform (to AMTRAK standards), including 4 canopies, necessary elects c.-al rehabilitation and new work, and related work. The Scope of Work shall include the three main areas identified below. DeLeuw and Cather and Co shall obtain and coordinate all services necessary to design and construct a rail platform in compliance with the Scope of Wox � i_dent. ified. A. DESIGN DEVELOPMENT 1. Study the type of construction, mechanical and electrical systems, and probable materials and review these cons derati,)ns with the City. 2. Prepare drawing and /or narrative outline specifications t(:. f`ix and describe the size and character or the roject. 3. Obtain necessary studies (i.e. soils, civil engineering) with encfineer.ing consultants provided by the Commissi(r 4. Provide proposed! ateria: and color samples to City for review. 5. Prepare a statemer-- of probable construction costs. 6. Conduct land surveys and topographical survey for use in drawings -, d des.i ltn . 7. Provide necessary Lnformition as deemed appropriate by the City to ca n �, staitus of "complete" for the planned developnc t permit application. B. CONSTRUCTION DOCUMEN`ll 1. Prepare working (,rawing�, project specifications, and itemized co es;t.imat.es for, but not limited Scope of Work Page 2 to, mechanical, eiectrical, civil, and structural engineering and i a °idscapi nq setting forth in detail the requirement, for `he construction of the project. 2. Submit working drawings (scale 1" = 201) for submittal to the City's Building and Safety Division and the Public Works Department for review and approval, make necessary revisions, and coordinate approval of such documents. Prepare supporting calculations f.or --he aforementioned designs and plans. 3. Working drawings snall include items, as set forth as follows, in conformance to City design standards: Landscaping, irrigation, drainage, sound -walls (if necessary), traffic signals and engineering, lighting and signacce plan, soils studies, utilities. 4. Provide adjustme.n•, if illy, to the estimate of probable construct on costs to the City indicated by changes in req iremer{::-, or general market conditions. 5. Provide necessa y documents, plans, and specifications for biddi-ng construction of the project and coorciJ. -iat,_� a:: 1 binding. C. CONSTRUCTION PHASE 1. Provide administra� ior, Of' '.he construction contract. 2. Evaluate contracto substitution requests and make recommendations 1c; the 3. Review all shop oriwings -ind samples. 4. Issue necessary aif itJ ona information as required. 5. Review contractor; monthly payment requests and issue certificatE -� E:cr payment for City approval. 6. Prepare field and 9 roar.esE reports for the project. 7. Periodically revie, c,ontr:ictor's record drawings. Scope of Work Page 3 8. Prepare and issue irtormational bulletins as required. 9. Upon receipt c, f contractor's bulletin costs, thoroughly check E. cows submitted. 10. Prepare change or iers arid submit to City for approval. 11. Prepare punch list. 12. Recommend a final -cceptance to City upon completion of all work and issue a final certificate for payment. 13. Secure and de laver to City all contractor guarantees, contractor furnished operation and maintenance instrrctions, and contractor furnished record drawings 14. Include and notify the City of all field meetings with the contractor /subcontractors regarding work progress on the 14(orpark. Station. The selected firms will be re uired to complete the Design Development portion of the Scope of Work within forty -five (45) calendar days of award of contr.i °:,. No pre- design survey by a req.r_,tered civil engineer has been prepared for this project. All - xistinci improvements, utilities, trees, and structures in publics ,t Teets, private property and other right -of -way shall be shown ri plaris. The Commission or subcontractor shall coordinate the location of all existing utilities with the appropriatE I' lit'y ompanies. ;L)(HIRIT B SCHEDULE OF PEIMBURSEMENT OF ARCHITECTURAL DES=IGN AND ENGINEER C NC COS'T'S 50% of design cost estimate at complet=ion of survey and draft design approval 500 of design cost estimate at COITpletior of final design approval 40% at start of platform constru= ti cn 50% at completion of constructi.)r 10% upon final acceptance and apI rcwal by City City shall pay direct consultant and c=ontractor costs only and shall not be responsible for LAC` "" administrative costs.