City of Culver City, California
Agenda Item Report
Meeting Date: 01/30/12 Item Number: JC-1
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
Approval of Professional Services Agreements with The Nickerson Company for 1)
General Public Works Inspection Services to Provide Inspection Services for the
Public Works Department/Engineering Division Relating to the Exposition Light
Rail Transit Project and Reimbursement of Additional Costs Related to Third-Party
Geotechnical Analysis; and 2) Construction Management and Construction
Inspection Work Performed on the Sepulveda MTA Grant Project.
Contact Person/Dept.:
John Rivera / PWD
Michael Pasternak/CDD
Todd Tipton/CDD
Phone Number:
310-253-5616
310-253-5708
310-253-5783
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: []
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Meetings and Agendas – City Council: (E-Mail) Meetings and
Agendas – Redevelopment Agency and The Nickerson Company (01/27/12)
Department Approval:
Charles D. Herbertson (01/12/12)
Sol Blumenfeld (01/26/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (01/25/12)
Agency General Counsel Approval:
Murray Kane (01/26/12)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball)(01/26/12)
City Manager/Executive Director Approval:
John M. Nachbar (01/26/12)
RECOMMENDATION:
Staff recommends the City Council approve the following professional services
agreements with The Nickerson Company:
1. Continued support to the Public Works Department/Engineering Division, on an
as-needed basis, for general public works inspection on the Exposition Light Rail
Transit Project (Expo LRT Project) in an amount not-to-exceed $15,000 and to
reimburse the City’s account that was used to pay The Nickerson Company, for
$7,119.25 in costs related to a third-party geotechnical analysis related to Expo
LRT Project improvements in the City’s public right-of-way, for a total contract
amount not-to-exceed $22,119.25; AND
2. Construction management services provided for Sepulveda Boulevard
Pedestrian Improvements, P-797 - Federal Aid Project No. STPLER-5240(013) in
the final contract amount of $56,787.50.
City of Culver City, California
Agenda Item Report
BACKGROUND / DISCUSSION:
Agreement Re Expo LRT Project
The Metropolitan Transportation Authority (Metro) is constructing the 9.6-mile light
rail transit line along the Metro-owned Exposition Right-of-Way from the existing
Metro Light Rail Transit (LRT) station at 7th/Metro Center in downtown Los Angeles
to the Venice/Washington Boulevard area in Culver City. This is known as Phase 1
of the project. The Exposition Metro Line Construction Authority (Authority) was
created by the California State Legislature to oversee the final design and
construction of the Exposition Light Rail Transit Project (Project). Phase 1, which
consists of 3 segments (A, B, and C), is currently under construction or in the
process of completion.
Segment “C” includes the Culver City component of the Project. The portion of the
Project in the City to the east of Schaefer Street is currently in the final stages of
completion. The portion of the Project to the west of Schaefer Street, including the
Expo Bike Path, is currently under construction. This portion of the project involves
the realignment and reconstruction of Washington and National Boulevards and
related facilities between Schaefer Street and the City’s western boundary south of
Venice Boulevard. This work is occurring primarily in the City’s public right-of-way
and along the northern side of Expo right-of-way, between Washington Boulevard
and Ballona Creek. The work in the City’s right-of-way and on the Expo Bike Path
requires inspection by a public works inspector representing Culver City.
The Public Works Department/Engineering Division has one full-time Public Works
Inspector and relies on consultant support for public works inspection on special
projects such as this. The Nickerson Company has been providing the necessary
inspection services for the Project under contract with the Redevelopment Agency
(Agency) since 2008.
The Agency has taken actions to ensure that design and development of the Project
is accomplished to mitigate the impacts to the community and public facilities.
As part of the Agency’s strategy regarding the Expo LRT project, the Agency
retained consultants to provide specialized expertise and services. In order to
determine if the project related improvements affecting the public rights-of-way are
constructed according to approved plans and to adequately ensure that field
conditions are accurately assessed, knowledgeable and reliable ongoing City
representation at the construction site is necessary. Due to City’s existing and
anticipated Public Works inspection work load on other projects, staff continued to
believe it is necessary to rely on consultant assistance. Due to the complexities of
the Project and the need to meet the Project’s design/construction schedule
requiring timely and quick response to inspection requests and response to
unanticipated conditions.
City of Culver City, California
Agenda Item Report
In October, 2004, the City Council approved a contract with The Nickerson Company
for general Public Works inspection services. Vern Nickerson of The Nickerson
Company is a retired Culver City Senior Public Works Inspector who has over
twenty-two years of experience inspecting public works projects in the City. The
current agreement with The Nickerson Company has been administratively
amended in June 2010 and July 2011, to increase the contract amount to reflect
increased inspection requirements. The 2011 Financial Contribution Agreement For
the Phase 1 Metro Exposition Light Rail Transit Project, between the City and Metro,
was drafted anticipating that a portion of the Expo Bike Path would be constructed
on City and Metro rights-of-way, and the City would accept on-going maintenance of
the entire bike path within the City’s jurisdiction. This has necessitated the need to
expand the scope of inspection services.
In August 2011 and as part of the ongoing inspection program, the Public Works
Department identified potential deficiencies in a portion of the National Boulevard
right-of-way being constructed as a part of the Project. In order to analyze the
issues, the Public Works Director instructed The Nickerson Company to retain a
geotechnical engineering firm to investigate the areas of potential concern and if
found necessary, provide recommendations for remedial actions. Pursuant to the
Agreement, The Nickerson Company retained the third-party geotechnical
assistance and invoiced the City. The $7,119.25 cost of the third-party geotechnical
assistance needs to be reimbursed to the City’s account that is used to pay The
Nickerson Company in order to ensure there are sufficient funds for future
anticipated general inspections.
Agreement Re Sepulveda MTA Grant Project
On February 28, 2011, the Agency Board approved a contract with the Nickerson
Company for construction management services on the Sepulveda Boulevard
Pedestrian Improvements (MTA Grant Project), which included replacement street
trees, pedestrian oriented lighting, new street furniture and crosswalk
enhancements.
On December 2, 2011 KASA Construction, Inc. successfully completed the work and
fulfilled the contractual 90-day landscape maintenance period for the MTA Grant
Project. Due to unforeseen field conditions, plan enhancements and change orders,
the construction schedule was extended beyond its completion deadline. Change
orders in the amount of $53,793.93 were necessary due to quantity adjustments and
extra work resulting from the field conditions
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The unforeseen field conditions and the amount of change orders led to the need for
additional Construction Management services as the project continued beyond its
initial deadline. Construction Inspection services were also needed for the more
disruptive items, such as repairs to damaged waterlines.
City of Culver City, California
Agenda Item Report
FISCAL ANALYSIS:
Agreement Re Expo LRT Project
As stated above, The Nickerson Company is currently under contract with the
Agency to provide general public works inspection support to the Public Works
Department/Engineering Division. Staff recommends approval of a new
professional services agreement with The Nickerson Company for a not-to-exceed
amount, over the remainder of the Project construction period, in order to pay on an
as-needed basis for the additional work to perform inspection of the construction of
Expo Bike Path improvements, $15,000 (Construction Inspector approximately 176
hours x $85.00 per hour). In addition, staff recommends reimbursing the City’s
account that is used to pay The Nickerson Company, in the amount of $7,119.25, for
unforeseen third-party geotechnical assistance previously requested by the Public
Works Department.
There are sufficient funds in Expo Aerial Station Project (48692720) to fund the
$22,119.25 contract with The Nickerson Company using former tax exempt bond
Agency funds.
This contract is eligible for expenditure of funds previously paid by the Agency to the
City because the construction is taking place within an Agency project area and it is
imperative that the construction for this project be properly coordinated with future
development plans for this area. The City’s Financial Contribution Agreement with
Metro for construction of the Expo LRT project includes an in-kind contribution for
City inspection services related to the Project.
Agreement Re Sepulveda MTA Grant Project
Typically, construction management and inspection is budgeted at 10% to 25% of
the construction contract amount. Grant projects and smaller projects (less than
$500,000) tend to have higher percentages, while multi-million dollar projects have
lower percentages. A summary of Construction Management and Inspection
Services is provided below.
The Nickerson Company Contract Amount
Original Construction Management Contract $25,200.00
Construction Management - Extra Work $24,500.00
Construction Inspection Services $32,287.50
Total Contract Amount $81,987.50
In preventing and minimizing further large change orders, staff believes that the
Agency received good service from The Nickerson Company. The total billing for
Nickerson Company services equates to roughly 20% ($81,987.50) of the final
construction contract amount ($402,856.43). Given the extent of change orders and City of Culver City, California
Agenda Item Report
unforeseen conditions encountered during the project, staff believes this is a
reasonable amount.
The cost of additional services provided by The Nickerson Company (Construction
Management – Extra Work and Construction Inspection) totals $56,787.50. The
Nickerson Company has provided supporting documentation with time records and
inspection reports reflecting the total extra service contract amount. Should the
Council approve the agreement this evening, there are sufficient funds in the
Sepulveda Blvd Project (48592920) to cover this contract from former Agency funds.
ATTACHMENTS:
None
MOTIONS:
That the City Council:
1) Approve a professional services agreement with The Nickerson Company for
continued support to the Public Works Department/Engineering Division, on an
as-needed basis, for general public works inspection on the Exposition Light Rail
Transit Project (Expo LRT Project) in an amount not-to-exceed $15,000 and to
reimburse the City’s account that was used to pay The Nickerson Company, for
the $7,119.25 in costs related to a third-party geotechnical analysis related to
Expo LRT Project improvements in the City’s public right-of-way, for a total
contract amount not-to-exceed $22,119; and
2) Approve a professional services agreement with The Nickerson Company for
construction management services provided for Sepulveda Boulevard Pedestrian
Improvements, P-797 - Federal Aid Project No. STPLER-5240(013) in the final
contract amount of $56,787.50; and
3) Authorize the City Attorney to review/prepare the necessary documents; and
4) Authorize the City Manager/Executive Director to execute such documents on
behalf of the City and Agency.
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The existing assemblage of telephone and utility poles, water meters, parking meters and other obstacles
along the sidewalk challenged the ability to install tree wells and planters in a regular and attractive pattern
and with common spacing on both sides of the street. Construction was further challenged by unmarked
underground utilities, monolithic concrete pours and the need to address additional sidewalk safety
hazards. These unforeseen conditions resulted in extra work due and the necessity to issue the change
orders.