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SR-CC/RA-1 (5) ~of4F 1'1.3'1{t2A~) CylR""'1 ~ewr1) t!d7z~ #~~~rG4s) f:ltt/;htJf(Cc-9 JAN 1 2 1999 EPWM CP AA BZ rs S \sp1709\cc1709re CIty Council MeetIng January 12, 1999 Santa MOnica, Callforma TO Mayor and City Council Chairperson and Redevelopment Agency Members FROM City Staff Redevelopment Agency Staff SUBJECT Recommendation for the City Council to Award A Construction Contract for the PICO Boulevard Streetscape Improvement Project and for the Redevelopment Agency to AuthOrize the Executive Director to Execute a Contract for the Construction of the PICO Streetscape Improvement Project I ntrod uctlon This report recommends that the City CouncIl award a contract for the construction of the PICO Boulevard Streetscape Improvement Project to Valley Crest, the lowest responsible bidder. In the amount of 54,946,585 ThIs report also recommends that the Redevelopment Agency (RDA) authOrize the Executive Director to execute the construction contract awarded by CIty Council for the PIca Streetscape Improvement PrOject Backg round The proposed project area forthe PICO Streetscape Improvement Project IS PICO Boulevard from Ocean Avenue to the easterly City limit In January 1997, the City Council and the Redevelopment Agency Issued resolutions approvmg the Implementation of the 1 eel RA--I JAM f 2 . Commercial Streetscape Program, and approving a Reimbursement Agreement between the City and the Redevelopment Agency The RDA contracted wIth Kathenne Spitz Associates to develop a fmal design plan for the PIca Streetscape project and to prepare constructIon drawing and specifications The key components of the streetscape plan are new street trees. replacement of a portion of the eXisting sidewalk with interlocking paving stones. new pedestrian lIghts and street Iightmg conduits, landscaped medians, replacement of the eXisting cemetery fence adjacent to PIca Boulevard with a new cham link fence, and InstallatIon of an art project consisting of lights (artistIC and functional) and a mural at the freeway underpass near Centmela Avenue Damaged curbs, and gutters, and sidewalks Will be replaced as part of this project Street light CirCUits Will be updated from senal CirCUits to multiple CirCUits ConstructIon IS scheduled to begm February 1. 1999 The project construction completIOn date IS November 1999 On May 5, 1998. the City CounCil reviewed and approved the design for the project, but requested that additional enhancements such as landscaped medians, pedestnan lights and additional trees be Incfuded In the project These enhancements were Incorporated mto the plans of the PIca Streetscape Improvement Project and presented to the Redevelopment Agency and to the City CounCil on November 24,1998 The cost otthese additional landscaped medians. pedestrian lights and trees IS $491,300 2 -- The City Council also directed staff to determme the cost of mstalllng slgnage for U-turns, the cost of constructing fence around the circumference of the Cemetery and the public process required for the design and construction of the fence The cost of the U-turn slgnage IS estimated at $3,300 The cost to replace the remalnmg portions of the Cemetery fence IS estimated at $475,000 The public process for the design and construction of the Cemetery fence Involves a minimum of three community meetmgs and public workshops with the users, the neighbors and City staff The City publIshed the PIca Streetscape project bId on September 17 and 18, 1998. the City Clerk opened the bids on October 19, 1998 The low bid was $4,076,379 which did not Include the most recent added alternatIves The CIty Engmeer's estImate was 54.100,QOO On November 24, 1998, the City Council reviewed the design changes and rejected all bIds In addltJon, the CIty CouncIl dIrected CIty staff to come back wIth optIons for awarding a contract for the construction of PICO Streetscape proJect, redeSign the med Ian between 32rc Street and Urban Avenue to elIminate unsafe traffic movements, and add additional pedestnan lights to the proJect to encourage pedestnan actiVities throughout PIca Boulevard In a separate action on November 24, 1998, the Redevelopment Agency authorized the Executive DIrector to negotiate and execute a contract for the construction management '" .J portion of the PICO Streetscape project Staff has also reported that a competitIve process to SOlICIt and evaluate proposals for outreach to the busIness communrty In the course of the prOject will be conducted On December 3, the City published a Notice I nVltmg Bids for the construction of the PICO Streetscape project On December 8. 1998. City staff advised the City Council of the mtent to rebid the project City staff redesigned the median and Included m the contract documents a separate bid Item for the extra pedestnan IIg hts (these IIg hts are In addition to the 1Ig hts that were added pnor to the November 24, Council meetmg) The cost of this additional lighting IS $853.300 The additIonal cost of the redeSigned median IS estImated to be $5,900 These costs are Included In the bid award amount DIScussion Construction Contract A Notice Inviting Bids for the rebid of the PIca Streetscape project was published In the Argonaut on December 3 and 10. 1998 The Notice Invltmg Bids, along With the plans and specifications was also submitted to four construction Journals, and was sent to SIX women/mmorlty business enterpnse (WMSE) aSSOClatJons SId packages were requested by 18 contractors The City Clerk's Office received SIX sealed bids which were publicly opened and read aloud on December 21,1998, by the Deputy City Clerk The bId results 4 IncludIng added alternatives were as follows Contractor Total Bid Valley Crest $4,946,58500 Terra-Cal Construction. Inc $5,016,54880 ALF A Construction Company $6,185,289 04 Hillside Contractors, Inc $6,446,16900 Mallcraft. Inc $7,029,01000 EMMA Construction Company Incomplete Bid City Engineer's Estimate (base design plus added alternatives) $ 4,950,000 Valley Crest With the lowest bid of $4,946,585 IS recommended as the firm to receive the award of contract This bid Includes the cost for the additional pedlestnan lighting and redeSigned median ($859.200) The bid presented to the City CounCil on November 24, 1998 IS $11,006 less than the Valley Crest bid companng the same scope of work The firm supplied the City With the names of recent similar projects City staff contacted representatives of several projects Includmg the Cities of Los Angeles, Culver City, Hawthorne. and Clark County In Nevada Projects for those organizations mclude ReVitalizatIon of Broadway between 5th Street and OlympiC Boulevard (City of Los Angeles). WIlshIre Boulevard Streetscape (CIty of Los Angeles), Culver Boulevard 5 Streetscape from CIty Hall to 405 Freeway (City of Culver City), Hawthorne Boulevard Streetscape from Rosecrans Boulevard to EI Segundo Boulevard (City of Hawthorne), and Las Vegas Boulevard Streetscape (Clark County, Nevada) All references reported that the Contractor's work was satisfactory Valley Crest IS also dOing work for the City of Santa MOnica (BIG Project) and their work has been satisfactory The State Contractors' License Board verified that the Contractor's license IS current. active, and m good standing Electrical subcontractor, CT&F, has done work for the City and their work has been satisfactory BudgetlFlnanclallmpact The total funding needed for this project IS $5,445,000 (Includmg contingency) The additional Redevelopment Agency expenditure for the PICO Streetscape Project IS reflected In the amended Reimbursement Agreement for the Commercial Streetscape Program as Exhibit A. and IS reflected In CIP account numbers 17-770-266-20097- 8905-99455 and 17-720-266-20096-8905-99391 6 Funds for construction are available In the following CIP accounts ACCOUNT CONTRACT CONTINGENCY TOTAL Redevelopment Agency (EDA Grant with CDBG Match) $3.056,985 $3,056,985 17 -770-266-20097 -8905-99455 (CommercIal Streetscape $1,544,4 70 $473.545 $2,018,015 Program) 17 -720-266-20096-8905-99391 Transportation Fund 41-750-657 -20098-8900-99114 $165.000 $165.000 Sidewalk Repair 01-770-402-20098-8905-99091 $101.130 $13,870 $115,000 Streetlight Systems 01-770-453-20099-8900-99155 $79,000 $11,000 $90.000 TOTAL $4,946,585 $498,415 $5,445,000 Maintenance These Improvements Will result In additional maIntenance reqUirements City staff Identified those Items likely to require additional maintenance and estimated these additional costs (Exhibit B) The total estimated additional annual mamtenance cost for this project IS S76.164 of which S 12.262 IS for the added lights requested by City CounCil on November 24. 1998 Changes to the City's operating budgets Will be reqUired when the project IS complete to reflect these Increased costs 7 -- --- - --- -- Recommendation Staff recommends that the City Council 1 Award a contract for the construction of the PICO Streetscape Improvement Project to Valley Crest In the amount of $ 4.946,585 . 2 Authorize the City Engineer to ISSUe any necessary change orders to complete additional work In conformance with the Administrative Instructions on change orders. and 3 Approve the First Amendment to the Reimbursement Agreement (Exhibit A) between the City and the Redevelopment Agency for the Commercial Streetscape Program and authorize the City Manager to execute the amended Agreement Staff recommends that the Redevelopment Agency 1 Authorize the Executive Director to enter Into a construction contract with Valley Crest In the amount of 54,946,585. and 2 Approve the First Amendment to the Reimbursement Agreement (Exhibit A), between the City and the Redevelopment Agency for the Commercial Streetscape Program and authorize the Executive Director to execute the amended Agreement 8 ExhIbit A - First Amendement to the Reimbursement Agreement for the Commercial Streetscape Program Exhibit B - EstImate for AddItional Annual Maintenance costs Prepared by Craig Perkms, Director of Environmental and Public Works Management Jeff Mathieu. Director of Resource Management Suzanne Fnck, Director of Planning and Community Development Anthony Antlch, P E . City Engineer Tina Rodriguez. Earthquake Recovery Administrator Bill Zem, P E . CIvil Engmeer David Martm, Senior Planner Gwen Pentecost. Semor Admlmstratlve Analyst 9 Exh~bit A FIRST AMENDMENT TO THE FEBRUARY 3, 1997 REIMBURSEMENT AGREEMENT FOR THE COMMERCIAL STREETSCAPE PROGRAM (PICO BOULEVARD PHASE) BY AND BETWEEN THE CITY OF SANTA MONICA AND THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA THIS FIRST AMENDMENTTOTHE REIMBURSEMENT AGREEMENT ("Amendment") IS entered Into this day of ,1999, by and between the CITY OF SANTA MONICA (the "City") and the REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA (the "Agency"), with reference to the follOWing facts A The City and Agency entered mto a Reimbursement Agreement for the Commercial Streetscape Program on February 3, 1997 In the amount of Three Million One Hundred Eighteen Thousand Nine Hundred and Fifteen Dollars ($3,118,915), which IS attached hereto as Exhibit A and Incorporated herein, as an advance by the CIty to the Agency to pay all or part of the construction and mstallatlon of the Initial phase of the Commercial Streetscape Program B The City and Agency, at CIty Council dIrectIon and wIth Agency approval, now deSire to amend the scope of the initial phase of the Commercial Streetscape Program which Will result In Two Million Seven Hundred Thirty-One Thousand Four Hundred and Seventy- Seven dollars ($2,731,477) of additional costs for constructing and installing landscaped medians, pedestnan lights and addItional trees for the PIca Boulevard Streetscape Improvement Project C The Agency has prepared a Redevelopment Plan for the Santa MOnica Earthquake Recovery Redevelopment Project which would result In allocation of taxes from the Project Area to the Agency for the purposes of redevelopment 0 The Agency proposes to Implement the Commercial Streetscape Program, as descnbed In the Program Descnptlon of the Reimbursement Agreement dated February 3,1997 and attached hereto as ExhIbit A E The estimated aggregate cost of ImplementatIon of the Commercial Streetscape Program, which IS to be carried out In multiple phases, IS approximately twenty million dollars ($20,000,000) F The City and the Agency have made the determinations required by Cahfornla Health and Safety Code Section 33445 NOW, THEREFORE, the parties hereto do mutually agree as follows -1- A City Obligations 1 The CIty shall advance an additIonal Two MIllion Seven Hundred Thirty-One Thousand Four Hundred and Seventy-Seven dollars ($2,731,477), whIch will result In a total to the Agency of Five Million Eight Hundred Fifty Thousand Three Hundred and Ninety-Two dollars ($5,850,392) when and as needed by the Agency to pay all or part of the cost of constructing and Installing the Inlttal phase of the Commercial Streetscape Program (PIca Boulevard Streetscape Phase) 2 The City may, at Its optIon, make addItional loans to the Agency for the purpose of financing all or part of the phases of the Commercial Streetscape Program In accordance With the Program Description Any such additional loans shall be made upon completion of City planning activities and upon the preparation of plans and specifications for the subject Improvements, as determined by further action of the City Council B Entrre Agreement, WaIvers and Amendments 1 This Amendment shall be executed In tnpllcate onglnals, each of which IS deemed to be an anginal This Amendment Includes three (3) pages which constitute the entlre understanding and agreement of the parties 2 This Amendment Integrates all of the terms and condItIons mentioned herem or inCidental hereto, and supercedes all negotiations or prevIous agreements between the parties With respect to the subject matter of thiS Amendment, Including but not limited to the Reimbursement Agreement for the Commercial Streetscape Program dated February 3, 1997 3 ThIS Amendment IS Intended solely for the benefit of the City and the Agency NotWithstanding any reference In thiS Amendment to persons or entities other than the City and the Agency, there shall be no third party beneflclanes under thiS Amendment 4 All waivers of the prOVISions of thIs Amendment and all amendments to thiS Amendment must be In wntlng and Signed by the authonzed representatIves of the partIes. -2- IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first set forth above Attest CITY OF SANTA MONICA By" By Mana M. Stewart John Jallll City Clerk City Manager Attest REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA By By: Mana M Stewart John Jahh Secretary Executive Director Marsha Jones M~e CIty Attorney and General Counsel F IMERLISHARElRedevelOprnentlEcon DeV\PICO S1reelscapeIFlrs" Amer>dmenl to Re,mburs Agl wpd January 4 1999 (12"05PM) -3- REIMBURSEMENT AGREEMENT FOR. THE COMMERCIAL STR.E~TSC APF PROGRAM BY AND BETWEEN THE CITY OF SANTA MONICA AND THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA TInS REIMBURSEMENT AGREEMENT (this 'LAgreement") is entered into this 3n1 day of ~91. by and between the CITY OF SMlJ"A MONICA (the "City") -and the REDEVEL9 AGENCY OF THE CITY OF SANTA MONICA (the "Agency"), with refezcnce to tho following facts. A. The Agency lw prepared a Redevelopment Plan for the Santa Monica Earthquake Recovel)' Redevelopment Project which would result in the allocation oftaxes from the: Project Area to the Agency for the purposes of redevelopment B. The Agency proposes to implement the Commercial Streetscape Program described in the Program Description attached hereto as ExhJbit A and incorporated herein by this reference. C The estitriated awcgate cost of implementation of the Commerci~ Strmscape Program, which is to be carried out in multiple phases, is approximately twenty million dollars ($20~ 000, 000). D. The City and the Agency have made the detem1inations required by California Health and Safety Code Section 3344S. NOW, THEREFORE. the parties hereto do mutually aaree as follows. 1 [~ IOO} FrnANCING OF COMlollERCIAL STREETSCAPE IMPROVEMENTS A. [f 101] Ci~~ Obliption~ 1. The City shall advance to the Agency the amount ofThrcc MililOn One Hundred and E18hteen 1housand Nine Hundred and Fifteen Dollars ($3,118.915) when and as needed by the Agency to pay all or part of the cost of constructmg and installing the initial phase of the Commercial Stccl~ Program. (I'ico Bouleo.1Ud Streetscape Phase) in 9~~-0n:J~nC'.P. with the Program Description. 2 ~e City may, at its option. make additional loans to the Agency for the purpose of financing all or pan of subsequent phases of the Commercial Sm:etseape Program in accordance With the Program Description Any such additional loans shall be madt upon completion of City planning activities and upon the preparation of plans and specifications for the subject Improvements, as determined by further action of the City Council. -1- B. [~ 102] A..ienc;y's Obliaatlons 1. The Agency shall accept any advances offered by the City pursuant to this Agreement and shall devote the funds so advanced to the construction and installation of the Commercial Streehcape ProiI'am improvements in accordance with the Program Description. 2. Consistent with the proper and orderly implementation of the Redevelopment Plan for the Project Area. the Agency shall use any legally ava!1able funds of the Project An::a tu repay amounts advanced by the City pursuant to this Agreement, v.1th interest thereon at 2 variable rate equal to the rate O"om time to time paid on the City':5 Local Agc::ncy Investment Fund investments, at such time or times and in such amounts as the City may request in writing The indebtedness of the Agency to the City created by this Agreement is and shall he subordinate to any p1edie of ta~ increments to the bondholders afany tax allocation bonds which are or may be issued by the Agency and to any other indebtedness incurred by the Agency as reasonably necessary for the proper and orderly implementation of the Redevelopment Plan for the Project Area. n [9 200] LIABll..ITY AND INDE11NIFICA lION In contemplation ot'the provisions ofCalifulIlia Government Code Section 89S.2 imposing certain tort liability jointly upon public entities solely by reason of such entities. being parties to an agreemcm: as defined by Government Code Section 895, the parties herern, 3..1\ hetween themsehtes. pursuant to the authorization contained in Government Code SectIons 8954 and 895.6, shall each al$Wl1e the ihl1 liability imposed upon it. or any orits officers. agents or employeest by law for injury caused by negligent or wrongful acts or omissions occurring in the perfonnance of this Agreement to the same extent that such liability would be imposed in the absence of Government Code Section 895.2 To achieve the above-stated purpose, each party indemnlfies, defends and holds hannless the other party for any liability, losses. costs or expenses that may be incurred by such other party solely by reason of Government Code Section 895 2 - - In. [~ 300] I:NTIRE AGREEMENT~ WAIVERS Al'-.'D AME"fI,.nME~'TS This Agreement shall be executed in triplicate oniinals. each of which is deemed to be a original. This Agreement Includes three (3) pages and one t 1) exhibit which constituta the entire understanding and agreement of the vii. ties This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto. and supersedes all negotiations or preY10US agreem~ts between the panLes with respect to the subject matter of this Agreement. This Agreement is intended solely for the benefit -of the City and the Agency. Notwithstanding any reference in this Agreement to per"lons or entities other than the City and the Agency, there shall be no third party beneficiaries under this Agreement -2- - -~- - ~ - ...- . ::_..~. ~.-h.': :-.._....:: ::.:.~.-.. - - . .' - . ~~ +.. ...-_...~ - . . - ~ "' ~ - All waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the AUthori%ed representatives of the parties. IN WITNESS WHEREOF, the parties have executed this Aareement as of the date first set forth above. Attest: CITY OF SANTA MONICA ~.~J ( By.TYWb. ~ ~ . City Clerk \ -rMayor - . . Attett' REDEVELOP1v1ENT AGENCY OF mE CITY OF SANTA MONICA ~~p~..:> .~..-J- \ By:r O~ --- Secretary I..... Chairman ~ .l . APPltOVED AS TO FORM: , Marsha Jones . e City A~omcy and ~cr~ Counsel . J -3- COMMERCIAL STREETSCAPE PROGRAM DESCRIPTION The purpose of the Commeraal StreetlCllpe Program I. to fund numerouI Itreet Improvement projecta In variOUI commercial diatrict throughout the City. Specffioally. thtJte projectl con.llt of: Pice Boulsv8rQ - Traveralng the entire 2.5 mile dllt8nce from the beach on the west to Centlnela Avenue an the eat Improvementa proposed conal. of Improved bus stops. sideWalk extensions at b ouwalkl, g&teway trMtmenta. median Improvements and inltllnatlon of low-mainten&noe trwI. ~ ArM - Within the dovmtown core bounded by WlJlhJre BouleV8td, ColOl'lldo Avenue. 7th Stre4It and OeMn Avenue. Improvements propc..d Include l'OIldWay conftgLntlon changMl an orHtrHt trenalt eel dar. new trMI. improved lighting and related street fUmfUn.' Main Street -Irnprovwnenta propoaed from PIco Boulevard to aouth to the City limit Indude Improved lighting. g&teway f8atutHJ InterIeCUon treIItmenta. meen." ~mprovementa, and pIIrtdng lmprovementat aU deIIgned to augment the hlatorical nature of the area and cne. . peldHtrllln-friend1y ambiance. Monts". AV8n~ - n. ... from 7th street to 17th StrNIIa prcpoaed to beneftt from trdIc calming me8IUt'M to lmprgw pedMtrtan Mfety, canIlItIng or ch~ at InterI8ctIona. ~'ng Improve",. a. . and tnIftIo and Ilghtlng I'flftnementa. W11.t1tra Boul~rd ... The apecIf'Ie ... and aIementa of potentia, Itreet Irnprovementl, whl~ not yet fully studied nor enc:ornpuNd a planning pJ'OONI with the community, .ra antlclpeted to complement the commercial district. Detail. on thl, potential project will be detwmlnecl at a later data. Estimated total coats of Commercl8J S~ FInancing program: $20 mlJJJon I , ,; ~ ~r;;8g~ '<t~~ g~g~ ggg ~g~ ~~~ :; ~ ...... U')ICNLI"l...... 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