HomeMy WebLinkAboutAGENDA REPORT 2001 0801 CC REG ITEM 11KTo:
From:
Date:
Agenda Report
City of Moorpark
The Honorable City Council
a 10 ibi�
.ITEM 11 • K
C111 y 0r 7.10f RP,&R 1,
of 00
BY-
Kenneth C. Gilbert, Director of Public
July 24, 2001 (Council Meeting 8 -1 -01)
Works ia
Subject: Consider Approval of Project to Construct a Double Left -
Turn Lane [West -to- South] and Other Improvements in the
Vicinity of the Intersection of Los Angeles Avenue and
Tierra Rejada Road [ Albertson's]
BACKGROUND
1. Certain conditions of approval of the Commercial Center at
the corner of Tierra Rejada Road and Mountain Trail Street
required the developer of the property (now Albertson's,
Inc.) to construct a double left -turn lane for westbound
traffic at the intersection of Los Angeles Avenue and Tierra
Rejada Road.
2. The developer and their engineering consultant have been
working with City staff on the development of the design for
this project.
3. At the request of the City, Albertson's added to the plans
for their project, the construction of certain modifications
to the north and south legs of the intersection, needed to
improve traffic flow and safety and to add Bike Lanes where
none now exist.
4. The City also retained the services of a separate civil
engineering consultant to prepare plans for the removal and
reconstruction of the raised center median at the south leg
of the intersection. The relocation of this median is needed
to improve traffic flow and traffic safety.
5. The project plans and specifications have been completed. The
work described in plans includes both the work on the State
Highway needed for the double left -turn lane, and the work
needed on the north -south legs of the intersection [City
streets]. These plans have been reviewed and approved by
Caltrans and a Caltrans Encroachment permit has been issued.
Tr 1a 1ft5 010116 o c
Double Left -Turn: Los Angeles Avenue and Tierra Rejada Road
July 24, 2001
Page 2
DISCUSSION
A. Agreement
City staff and Albertson's representatives have developed an
Agreement to enable the City to serve as the lead during the
construction phase of this joint project. Under the terms of
this Agreement the City agrees to reimburse Albertson's for
design costs incurred by them for a portion of the work
proposed to be done on the City streets, and Albertson's
agrees to fund City costs for the construction and inspection
of the work proposed to be done on the State Highway.
A copy of the Agreement is attached as Exhibit 1. The
Agreement has been approved as to form by the City Attorney.
The recommendations include an action to authorize the City
Manager to sign this Agreement
B. Project Scope
1. General: As mentioned above, the work on the highway is
needed to provide for the double left -turn lane. The work
on Tierra Rejada Road and Gabbert Road is needed to
improve traffic flow and to allow for the placement of
Bike Lanes.
2. Joint Project: The project plans include both the highway
improvements and the modifications and improvements to the
City streets. It is proposed that the work be done as a
joint project.
3. State Highway: Albertson's will fully fund the
construction of modifications to the highway to make
provisions for a double left -turn lane for west -to -south
traffic. The elements of this portion of the work is
summarized as follows:
• The re- stripping of the street to provide for a three
hundred feet (3001) long double left -turn lane for
west -to -south traffic [See Exhibit 2].
• The relocation of traffic loop detectors as required.
• The modification of signing as required.
Notes: 1 No modifications to the existing street
improvements is required.
2 The ultimate design for Los Angeles Avenue east of
Tierra Rejada Road, calls for three lanes in each
direction. In order to accommodate the subject
project, this design was revised by the City
Council to call for the third eastbound lane to
start at a point east of the double left -turn
lane.
Tr_1a_1ft5_010116 0 F;�;
Double Left -Turn: Los Angeles Avenue and Tierra Rejada Road
July 24, 2001
Page 3
4. Tierra Rejada Road / Gabbert Road: The City will fund
certain improvements and modifications to the north and
south legs of the intersection. The scope of work will
include:
• Removal and reconstruction of the raised center median
in the south leg of the intersection. The raised median
will be moved approximately five feet (5') to the east
to improve north -south lane alignment and to better
accommodate the two lanes of left -turn traffic.
• Restriping as required.
• Relocation of traffic loop detectors.
• The addition of Bike Lane lines where none now exist.
C. Environmental Clearance
This project has been found to be Categorically Exempt from
the provisions of the California Environmental Quality Act
[CEQA] .
D. Fiscal Impact
1. Total Project Cost Estimate: A summary of the total
estimated project costs is as follows:
2. Construction & Inspection: The total estimated cost for
the construction and inspection of the Work and the
administration of the Contract (without any construction
contingency) is as follows:
Albertson's
City
Description
Left-Turn Proiect
Bike Lane Project
Total
Design Traffic
18,667.42
6,222.47
24,889.89
Design Civil
2,198
3,000.00
3,000.00
Construction
14,650.00
25,650.00
40,300.00
Contingency (20 %)
2,930.00
5,130.00
8,060.00
Inspection (15 %)
2,197.50
3,847.50
6,045.00
Administration (10 %)
1,465.00
2,565.00
4,030.00
Total
39,909.92
46,414.97
86,324.89
2. Construction & Inspection: The total estimated cost for
the construction and inspection of the Work and the
administration of the Contract (without any construction
contingency) is as follows:
Tr 1a 1ft5 010116
Albertson's
City
Description
Left -Turn Project
Bike Lane Project
Total
Construction
14,650
25,650
40,300
Inspection (15 %)
2,198
3,848
6,045
Administration (10 %)
1,465
2,565
4,030
Total 18,313
32,063
50,375
Tr 1a 1ft5 010116
Double Left -Turn: Los Angeles Avenue and Tierra Rejada Road
August 24, 2001
Page 4
3. Budget: This project is reflected in the FY 2001/02 Budget
as Project 8007. The budget amount is sufficient to fully
fund the anticipated costs. A summary of the current
budget is as follows:
Current FY 01/02
Description Budget ($)
Design 7,000
Construction 31,000
Inspection 4,000
Sub -Total FY 01/02 42,000
Prior Year Design Costs 3,000
Total 45,000
E. Plans and Specifications
A review copy of the plans and specifications for the subject
project has been placed on top of the file cabinets in the
City Council Conference Room.
F. Design Immunity
In the recommendations the City Council is asked to approve
the plans and specifications to allow the project to be
advertised for receipt of bids, and also for the purpose of
establishing design immunity pursuant to Section 830.6 of the
Government Code of the State of California.
G. Schedule
It is anticipated that bids for the subject project will be
opened in late September and presented to the City Council
for consideration in October. Construction should start in
November and be completed in December.
STAFF RECOMMENDATION
It is recommended that the City Council take the following
actions:
1. Approve the Agreement subject to final language approval of
the City Manger and City Attorney, and authorize the City
Manager to sign the Agreement between the City and
Albertson's regarding project implementation.
Tr_1a_1ft5_010116
j�, g
Double Left -Turn: Los Angeles Avenue and Tierra Rejada Road
July 24, 2001
Page 5
2. Approve the project plans and specifications for construction
and for the purpose of establishing design immunity pursuant
to Section 830.6 of the Government Code of the State of
California.
3. Authorize staff to advertise for receipt of bids for the
construction of the subject project.
Tr_1a_1ft5_010116
A U/
t,x k ��9 i -� -I-
AGREEMENT
THIS AGREEMENT is made and entered into by and between Albertson's, Inc. (hereinafter
called "Albertson's ") and the City of Moorpark (hereinafter called "City ").
A. RECITALS
1. Condition Number 30 of Tract 5081 requires Albertson's to provide for the
construction of a double left -turn lane for the west -to -south traffic turning movement at
the intersection of Los Angeles Avenue and Tierra Rejada Road (hereinafter called
"Left -Turn Project").
2. The City is holding a surety bond [Bond No. 400JX9740] (hereinafter called "Bond ")
in the amount of $130,000, as guarantee for the construction of the Left -Turn Project.
3. Albertson's has caused plans and specifications to be prepared for the construction of
the Left -Turn Project.
4. At the request of the City, the design documents provided by Albertson's included,
without limitation, the re- striping of Gabbert Road and Tierra Rejada Road to re -align
the roadway striping and to add bike lanes (hereinafter called "Bike Lane Project ").
5. The City reviewed and approved the plans and specifications, including the design
documents, for the Work, and such plans and specifications received approval of the
California Department of Transportation (hereinafter called "Caltrans ") via the
issuance of a Caltrans Encroachment Permit.
6. It is the desire of the City to reimburse Albertson's for the Bike Lane Project design
costs incurred by Albertson's.
7. It is the mutual desire of Albertson's and the City to proceed with the construction of
both the Left -Turn Project and the Bike Lane Project (herein the "Work "), under one
construction contract (hereinafter "Contract ").
8. It is also the desire of the parties to have the City administer the Contract and provide
for the inspection of the Work.
July 18, 2001 ALBS No 9684
Moorpark, California
Agreement: Albertson's & City of Moorpark
Page 2
9. It is the desire of Albertson's to advance funds to the City for the costs to be incurred
by the City, in providing for the construction, inspection and contract administration
for that portion of the Work related to the Left -Turn Project.
10. The purpose of this Agreement is to set forth terms related to the City's reimbursement
of the Bike Lane Project design costs incurred by Albertson's, and to set forth the
terms related to Albertson's payment of all costs incurred by the City in providing for
the construction of the Left -Turn Project.
B. MUTUALLY AGREED TO MATTERS : The City and Albertson's mutually agree as
follows:
The total estimated cost for both the Left -Turn Project and the Bike Lane Project,
including a twenty percent (20 %) construction contingency, is set forth as follows:
Note: A The City funded civil engineering design costs for the relocation of the raised median
on Tierra Rejada Road.
2. The total estimated cost for the construction and inspection of the Work and the
administration of the Contract (without any construction contingency) is as follows:
Albertson's
City
Description
Left -Turn Project
Bike Lane Project
Total
Design Traffic
18,667.42
6,222047
24,889.89
Design Civil
2,198
3,000.00 A
3,000.00
Construction
14,650.00
25,650.00
40,300.00
Contingency (20 %)
2,930.00
5,130.00
8,060000
Inspection (15 %)
2,197050
3,847.50
6,045.00
Administration (10 %)
1,465.00
2,565.00
4,030.00
Total 39,909.92
46,414.97
86,324.89
Note: A The City funded civil engineering design costs for the relocation of the raised median
on Tierra Rejada Road.
2. The total estimated cost for the construction and inspection of the Work and the
administration of the Contract (without any construction contingency) is as follows:
3. The cost for the construction, inspection and contract administration of the Left -Turn
Project (hereinafter called "Left -Turn Project Cost ") is estimated herein to be $18,313.
The final Left -Turn Project Cost shall be the actual cost incurred by the City for such
efforts.
i 0022
Albertson's
City
Description
Left -Turn Proiect
Bike Lane Project
Total
Construction
14,650
25,650
40,300
Inspection (15 %)
2,198
3,848
6,045
Administration (10 %)
1,465
2,565
4,030
Total 18,313
32,063
50,375
3. The cost for the construction, inspection and contract administration of the Left -Turn
Project (hereinafter called "Left -Turn Project Cost ") is estimated herein to be $18,313.
The final Left -Turn Project Cost shall be the actual cost incurred by the City for such
efforts.
i 0022
Agreement: Albertson's & City of Moorpark
Page 3
4. Albertson's shall pay to City an advance (hereinafter called "Advance Deposit ") equal
to one hundred fifty percent (150 %) of the estimated Left -Turn Project Cost, as set
forth in Section B -3, less design costs for the Bike Lane Project previously incurred by
Albertson's, said Advance Deposit being re- capped as follows:
Description Amount ($)
Left -Tum Project Cost [Est.] 18,313.00
Contingncy (50 %) 9,156.50
Sub -Total 27,469.50
Less Project B Design Costs by Albertson's (6,222.47)
Total 21,247.03
5. Upon opening of bids received for the Work, City shall notify Albertson's of the bid
results. In the event the amount of the apparent low bid for the construction of the Left -
Turn Project exceeds one hundred fifty percent (150 %) of the estimated construction
cost, said construction costs herein estimated to be $14,650, the City shall not award
the Contract without first seeking and obtaining approval, in writing, from Albertson's.
In the event such approval is not granted within five (5) days, the City may re- advertise
the Work for receipt of new bids, or may terminate this Agreement and proceed with a
revised project to construct the Bike Lane Project only. In such case, Albertson's will
proceed unilaterally with a separate project to construct the Left -Turn Project only.
6. Albertson's shall pay to City, within ten (10) days of notification by City, any
additional amount required to adjust the amount of the Advance Deposit to be equal to
one hundred and fifty percent (150 %) of the revised estimated Left -Turn Project Cost,
subsequent to the opening of the bids and the re- calculation of the estimated Left -Turn
Project Cost based on the bid submitted by the apparent low, bidder.
7. Albertson's shall pay to City, within ten (10) days of notification by City, any
additional amount required to fully compensate the City for the total actual Left -Turn
Project Cost, as determined by the final accounting to be prepared by the City in
accordance with Section B -16 of this Agreement.
8. Albertson's shall direct the Left -Turn Project design engineer to provide any additional
or supplemental design work required for the Left -Turn Project improvements,
including but not limited to the following:
a) attendance at the pre - construction meeting;
b) preparation of any Change Orders related to the Left -Turn Project improvements,
when and if required; and
c) communication with the City and the Contractor, as needed, to clarify the Left -
Turn Project design.
e.0 G-
Agreement: Albertson's & City of Moorpark
Page 4
9. Albertson's shall provide all necessary compensation to the Left -Tum Project design
engineer for any supplemental Left -Turn Project design efforts required by the City.
10. City shall reimburse Albertson's $6,222.47 for design work provided by Albertson's
on the Bike Lane Project, said reimbursement being accounted for in the Advance
Deposit to be paid by Albertson's, as defined in Section B -4 of this Agreement.
11. Upon receipt of the Advance Deposit, City shall undertake the administration of all
efforts necessary to advertise the Work for receipt of bids, to receive and evaluate the
bids, and to award the Contract. The contract documents shall require the contractor to
name Albertson's as additionally insured on all insurance certificates and
endorsements. In addition, the contract language requiring the contractor to indemnify
and hold harmless the City from any claims or liability arising out of the Contract,
shall name Albertson's as also being indemnified and held harmless.
12. City shall not approve any Change Orders related to the construction of the Left -Turn
Project which are not necessary to complete the construction of that project, without
the prior written consent of Albertson's. Such consent shall not be required for any
such Change Order deemed by the City, in its sole discretion, to be necessary for the
proper execution of the Contract and/or the construction of the Work.
13. City shall coordinate all necessary communications between the contractor, the design
engineers, any affected utilities and Caltrans required to complete the Work.
14. City shall provide for the inspection of the Work and for the administration of the
Contract.
15. City shall provide to Albertson's, within ten (10) days of the date of the bid opening, a
revised estimate of the anticipated cost of the Work and the related support efforts,
based upon the bid submitted by the apparent low bidder. Said revised estimate shall
include a revised estimate of the Left -Turn Project Cost. In the event the revised
estimate of the Left-Turn Project Cost is more than the amount of the Advance
Deposit, City shall provide Albertson's with an invoice for the payment of an
additional amount as required by Section B -6 of this Agreement.
16. City shall provide to Albertson's, within forty-five (45) days of the date of the
recordation of the Notice of Completion for the Contract, a final accounting of all costs
incurred by the City for the construction of the Work, the inspection of the Work and
the administration of the Contract. Said final accounting shall include the final actual
Left -Turn Project Cost. In the event the final Left -Turn Project Cost is less than the
amount of the Advance Deposit, City shall reimburse any surplus to Albertson's, within
thirty (30) days of said notice. In the event the final Left -Turn Project Cost is more than
the amount of the Advance Deposit, City shall provide Albertson's with an invoice for
the payment of an additional amount as required by Section B -7 of this Agreement.
Agreement: Albertson's & City of Moorpark
Page 5
17. City shall cause the exoneration of the Bond within forty -five (45) days of the date of
the recordation of the Notice of Completion for the Contract, provided the total Left -
Turn Project Cost has been paid by Albertson's.
C. GENERAL PROVISIONS
1. Entire Agreement: This agreement and any documents or instruments attached hereto
or referred to herein constitutes the entire Agreement of the parties concerning the
subject matter hereto and all prior written agreements or understandings, oral or
written, are hereby merged herein. This Agreement shall not be amended in any way
except by a writing expressly purporting to be such an amendment, signed and
acknowledged by both of the parties hereto.
2 Amendments: The terms of this Agreement, may be modified only upon mutual
written consent of the City and Albertson's.
3. Interpretation of Agreement: Should interpretation of this Agreement, or any portion
thereof be necessary, it is deemed that this Agreement was prepared by the parties
jointly and equally, and shall not be interpreted against either party on the ground
that a party prepared the Agreement or caused it to be prepared.
4. Waiver: No waiver of any provision of this Agreement shall be deemed, or shall
constitute a continuing or subsequent waiver of the same provision. No waiver shall
be binding, unless executed in writing by the parry making the waiver.
5. Design Materials: A true and correct copy of each original document, design,
drawing, report, logo, diskette, computer file, note or other materials related to the
designs prepared by Albertson's or their agents, for the improvements subject to this
Agreement, shall be made available to the City upon seven (7) days prior written
notice, for duplications and retention. Upon completion and acceptance of the
construction of the improvements subject to this Agreement, all design material
prepared by Albertson's or its agents and previously delivered to City as provided for
herein, shall become the property of the City.
6. Indemnification by Albertson's: Albertson's shall hold harmless and indemnify City
and all of its officers, employees, servants, and agents from any claims, demand,
damage, liability, loss, cost or expense, for any damage whatsoever, including but
not limited to death or injury to any person and injury to any property, resulting from
misconduct, negligent acts, errors or omissions of Albertson's, or any of its officers,
employees, or agents in the performance of this Agreement, except to the extent that
such damage as is caused by the negligence of City or any of its officers, employees,
servants, agents or others not under the control of Albertson's.
f: "e•' y j
Agreement: Albertson's & City of Moorpark
Page 6
7. Indemnification by City: City shall hold harmless and indemnify Albertson's and all
of its officers, employees, servants, and agents from any claims, demand, damage,
liability, loss, cost or expense, for any damage whatsoever, including but not limited
to death or injury to any person and injury to any property, resulting from
misconduct, negligent acts, errors or omissions of City, or any of its officers,
employees, or agents in the performance of this Agreement, except to the extent that
such damage as is caused by the negligence of Albertson's or any of its officers,
employees, servants, agents or others not under the control of City.
8. Notice: Any notice to be given pursuant to this agreement shall be in writing, and all
such notices and any other document to be delivered shall be delivered by personal
service or by deposit in the United States mail, certified or registered, return receipt
requested, with postage prepaid, and addressed to the party for whom intended as
follows:
To: City of Moorpark
Att: Ken Gilbert, Director of Public Works
799 Moorpark Avenue
Moorpark, CA 93021
To: Albertson's Inc.
Real Estate Department
Att: Jeff Dierek
[Mail Drop L -320]
1421 S. Manhattan Avenue
Fullerton, CA 92831 -5221
Albertson's Inc.
250 Parkcenter Boulevard
#74200R - Legal Department
Att: Legal Department
Boise, Idaho, 83706
Either party may, from time to time, by written notice to the other, designate a
different address, which shall be substituted for the one above specified. Notices,
payments and other documents shall be deemed delivered upon receipt by personal
service or upon deposit in the United States mail.
9 Venue: This Agreement is made, entered into, executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action to herein, shall be filed in the applicable court in Ventura
County, California.
10. Default: If Albertson's defaults in this Agreement, it shall have ten (10) days after
service upon it of written notice of such default in which to cure the default by
rendering a satisfactory performance. In the event that Albertson's fails to cure its
default within such period of time, City shall have the right, notwithstanding any
�1
Agreement: Albertson's & City of Moorpark
Page 7
other provision of this Agreement, to terminate this Agreement without further notice
and without prejudice to any other remedy to which it may be entitled at law, in
equity or under this Agreement, including any and all remedies guaranteed by the
Bond.
ALBERTSON'S, INC.,
a Del are c ration
By: Zoe
Lincoln V. Sh , Jr. D e
Vice President, Real Estate Law
ATTESTED: CITY OF MOORPARK
Debbie Traffenstedt, City Clerk Steven Kueny, Date
City Manager
O
O
E6ST 1 75-2
61
m
QD
ECR, CR-65-
o
AVENUE
OCR
(SR
EXIST RI6 -2
PR-. Rla-2
------ - Jq•d
tw.
------------ i - ------------ 0.
EXIST , R18-2
-- -- -
-----
-------
------ -
--- --- ---
----
----------
CR-35m!- ECR
---------- ------- -------------
Lul
----------------------- - ------- --
8,
1
10'
12
TV S'
OCR CR-40'
515'* TAPM
0
<
<
3
LLJ
<
A
I
w
39 .
NOTE-- THIS PLAN W
FOR THE F
,AS,
SCALL
TIERRA REjAD/