HomeMy WebLinkAboutR37-Economic Development
CITY OF SAN BERNARDINO n 0 1 GIN A L
ECONOMIC DEVELOPMENT AGEM~
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Willdan Engineering - Amendment No. 1 to
the Agreement for Professional Services for the
Sanitary Sewer Line Relocation Design and
Construction Management for the State
Courthouse Project
DATE: ApriJ.28,2009
Svnoesis ofPrev~ous Commission/Council/Committee Action(s):
On November 17,2008, the Commission approved and authored the Interim Executive Director of the Redevelopment Agency to
execute a Professional Services Agreement with Willdan Engineering for Phase-I of the Sanitary Sewer Relocation Project
(Central City East Redevelopment Project Area).
On April 23, 2009, Redevelopment Committee Members Johnson, Baxter, and Brinker unanimously voted to recommend that the
Mayor and Common Council and the Community Development Commission consider this action for approval.
Recommended Motion(s):
(Mavor and Common Council)
Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the funding of Amendment No. I
to the Agreement for Professional Services by and between the Redevelopment Agency of the City of San Bernardino
("Agency") and Willdan Engineering for Sanitary Sewer Line Relocation Design and Construction Management for the State
Courthouse Project and making certain findings and determinations pursuant to Health & Safety Code Section 33445 as to
the Benefit to the Southeast Industrial Park Redevelopment Project Area for undertaking of the Design and Construction
Management of the public improvement (Central City East Redevelopment Project Area)
(Communitv Develooment Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment
No. I to the Agreement for Professional Services by and between the Agency and Willdan Engineering for Sanitary Sewer
Line Relocation Design and Construction Management for the State Courthouse Project (Central City East Redevelopment
Project Area)
Contact Person(s):
Project Area(s):
Kathleen Robles
Central City East and Southeast Industrial
Park Redevelopment Project Areas
Phone:
(909) 663-1044
Ward(s):
All
Supporting Data Attached:
o Staff Report Ii'! Resolution(s) Ii'! Agreement(s)/Contract(s) Ii'! Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount:
$
$212,277 Source:
Budget Authority:
Tax Increment
EDA
b
. seal Year 2008/2009
Signature:
t!l
Fiscal Review:
-~
sus
Interim Administrative Services Director
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P\AgendaslComm Dev Commissioll\CDC 2009\05"04~09 Willdan Engineering _ Amendment No. I SR,doc
COMMISSiON MEETING AGENDA
Meeting Date: 05/0412009
Agenda Item Number: ~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
WILLDAN ENGINEERING - AMENDMENT NO.1 TO THE AGREEMENT FOR
PROFESSIONAL SERVICES FOR THE SANITARY SEWER LINE RELOCATION DESIGN
AND CONSTRUCTION MANAGEMENT FOR THE STATE COURTHOUSE PROJECT
BACKGROUND:
On April 21, 2008, the Mayor and Common Council of the City of San Bernardino ("Council") approved
and consented to the disposition of the property located at 247 West 3 rd Street, San Bernardino (APN:
0135-221-22) to the State of California pursuant to the 2008 Real Property Acquisition Agreement
("Agreement") adopted by Resolution No. 2008-138. Additionally, on April 21, 2008, the Community
Development Commission of the City of San Bernardino ("Commission") approved and authorized the
Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to
execute said Agreement by and between the Agency and the State of California, as adopted by Resolution
No. CDC/2008-16. On April 24, 2008 and May 13,2008, the Agreement was executed by the Agency
and the Judicial Council of California Administrative Office of the Courts ("AOC") respectively.
The Agreement stipulates the terms and conditions to sell, convey, and deliver to the AOC, all the
Agency's right, title, and interest in and to said property. One of the AOC's buyer contingencies states
that within one (I) year after the effective date and prior to the close of escrow, the Agency shall relocate
the existing sewer line that is located below the surface of said property at the sole cost and expense of the
Agency. Therefore, on July 21, 2008, the Agency released a Request for Proposals ("RFP") for
engineering and construction management services for the relocation of the sewer line located on said
property. On November 6, 2008, the Redevelopment Committee recommended to the Commission
approval of a professional services agreement ("Agreement") with Willdan Engineering for Phase-! of a
two (2) Phase scope of work and on November 17,2008, the Commission approved an Agreement by and
between the Agency and Willdan Engineering for the Phase-! work only. The Phase-! work consisted of
field engineering/surveying and a study of possible relocation sites for the sanitary sewer line. Phase-!
has now been completed and the Relocation Study ("Study") has been forwarded to the AOC.
CURRENT ISSUE:
Phase-I! consists of the preparation of the design plans for the new sanitary sewer line, bid documents,
and construction management. The cost for Phase-I! is $176,915.
With no funding available in the Central City East Redevelopment Project Area to fund Phase-I!, Section
33445 of the State of California Health and Safety Code, with the consent of the Council, allows for the
use of funds from one or more other Project Areas to pay all or a part of the cost of a publicly owned
improvement either within or without the boundaries of a redevelopment project area. Therefore, a
benefit Resolution is necessary to provide for Phase-I! expenditures consisting of engineering and
construction management. The benefit Resolution finds that the relocation of the sewer is a benefit to the
redevelopment project area and the immediate neighborhood and there are no other reasonable financing
alternatives available. The relocation of the sanitary sewer line is crucial to the construction of the new
State Courthouse. The new Courthouse will bring approximately 400 jobs to the area.
P:\Agcndas\Comm Dev CommissionlCDC 2009\05,04-09 Willdan Engineering - Amelldment No. I SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 05/04/2009
Agenda Item Number:
R31
Economic Development Agency Staff Report
Wi/ldan Engineering - Amendment NO.1
Page 2
The benefit Resolution identifies the dollar amounts to be used from the Southeast Industrial Park
Redevelopment Project Area.
Exhibit "A" attached hereto identifies the property at 247 West 3,d Street along with the estimated
location of the existing sewer line that is to be relocated.
ENVIRONMENTAL IMPACT:
The AOe's Final Initial Study and Mitigated Negative Declaration, dated April 30, 2008, satisfies the
California Environmental Quality Act and no further environmental analysis is required.
FISCAL IMPACT:
The cost for Phase-I of the contract was $58,830. The cost for Phase-II is $176,915, with a contingency
of 15% ($35,362) for a total Phase-II cost of $212,277, and for a total amount of $271,107 for both
phases. For the construction component of the relocated sanitary sewer line, a benefit Resolution will be
necessary and will be brought before both the Council and Commission to provide for the cost of
construction. The benefit Resolution will include the detailed dollar amounts to be used from the effected
Redevelopment Project Area(s). The final dollar amount of the construction component will not be
known until the engineering design and the public contract bidding process have been completed for the
construction phase.
RECOMMENDATION:
The Mayor and Common Council and the Community Development Commission adopt the attached
Resolutions.
L
Emil A. Marzullo, Inter
PIAgendas\Comm Dev CommissionlCDC 2009\05-04-09 Willdan Engineering _ Amendment No. I SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 05/04/2009
Agenda Item Number: ~31
EXHIBIT "A"
Approximate Location of Sanitary Sewer Line
to be Relocated at 247 West 3rd Street
"l
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9
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RESOLUTION NO.
tOfPl{
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE FUNDING OF
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL
SERVICES BY AND BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") AND WILLDAN
ENGINEERING FOR SANITARY SEWER LINE RELOCATION DESIGN
AND CONSTRUCTION MANAGEMENT FOR THE STATE COURTHOUSE
PROJECT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS
PURSUANT TO HEALTH & SAFETY CODE SECTION 33445 AS TO THE
BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT
PROJECT AREA FOR UNDERT AKlNG OF THE DESIGN AND
CONSTRUCTION MANAGEMENT OF THE PUBLIC IMPROVEMENT
(CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation
11
and a charter city duly created and existing pursuant to the Constitution and the laws of the State of
12 California: and
13
WHEREAS. the Community Development Commission of the City of San Bernardino (the
14
"Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the
15
"Agency"), is a redevelopment agency, a public body, corporate and politic of the State of
16
California, organized and existing pursuant to the California Community Redevelopment Law (Part
17
I of Division 24 commencing with Section 33000) of the Health and Safety Code of the State of
18
California (the "Act"'); and
19
WHEREAS. pursuant to Section 33445 of the Act, the Agency may, with the consent of the
20
Mayor and Common Council of the City of San Bernardino (the "Council"), pay all or a part of the
21
cost of installation and construction of any building. facility, structure or other improvement which
22
is publicly owned either within or without the boundaries of a redevelopment project area if the
23
Council determines: (I) that such buildings, facilities, structures or other improvements are of
24
benefit to the redevelopment project area or the immediate neighborhood in which the project is
25
located, regardless of whether such improvement is within another project area, or in the case of the
26
project area in which substantially all the land is publicly owned, that the improvement is of benefit
27
to an adjacent project area of the Agency; (2) that no other reasonable means of financing such
28
buildings, facilities, structures or other improvements is available to the community, and such
P\A!!endas\Resolulions\2009'O~-04-09 Willdarl Amendmenl No I Mec Reso.doc
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S-Lf-o
~3 A-
1 determination by the Commission and the Council shall be final and conclusive; and, (3) that the
2 payment of funds for the cost of the facilities, structures or other improvements will assist in the
3 elimination of one (1) or more blighted conditions inside the project area; and
4 WHEREAS, the Council and the Commission have previously approved and adopted the
5 Redevelopment Plan for the Central City East Redevelopment Project Area (hereinafter referred to
6 as the "Redevelopment Plan"); and
7 WHEREAS, it is in the interest of the present landowners within the project area subject to
8 the Redevelopment Plan (the "Project Area") and the residents, both within the Project Area and
9 within the City generally, that the Agency cause the funding of Amendment No. I to the Willdan
10 Engineering Services Agreement ("Amendment No.1") for the engineering design and construction
11 management of the relocation of the sanitary sewer line that traverses across the Agency owned
12 property at 247 West Third Street (the "Property") within the Central City East Redevelopment
13 Project Area; and
14 WHEREAS, the Agency owned Property is in escrow by and between the Agency and the
15 State Administrative Office of the Courts (the "AOC") for the purpose of constructing a multi-story
16 Courthouse; and
17 WHEREAS, the sales agreement between the Agency and the AOC calls for the removal of
18 the existing sanitary sewer and storm drain located on the Property; and
19 WHEREAS, the new Courthouse facility will serve all residents of the City and within
20 redevelopment areas, and in particular the Project Area due to the fact that many of the individuals
21 who will conduct business at the new Courthouse maintain office locations' within the Southeast
22 Industrial Park Redevelopment Project Area; and
23 WHEREAS, approximately 400 jobs will be created with the completion of the new
24 Courthouse; and
25 WHEREAS, the sanitary sewer relocation, when completed will allow the AOC to construct
26 the new Courthouse which will have a positive economic impact on various City, retail, business,
27 and commercial functions, which service the residents, workers, and business owners within the
28
P:\Agendas\Resolulions\2009'05_04-09 Wi1ldan Amendment No. I MCC Rcso_doc 2
1 Central City East and the Southeast Industrial Park Redevelopment Project Areas (the Southeast
2 Industrial Park is herein referred to herein as the "Benefited Project Area"); and
3 WHEREAS, the aforementioned Benefited Project Area is generally contiguous or III
4 proximity to the Central City East Redevelopment Project Area and serves commercial, retail, and
5 other community needs of the Benefited Project Area as to those functions that carmot be provided
6 separately within the Benefited Project Area; and
7 WHEREAS, the Project Area is suffering from stagnant property values and impaired
8 investments, and in order to promote the City's health, safety and welfare, it is important that the
9 Agency fund the costs of the aforementioned sanitary sewer and storm drain relocation engineering
10 design and construction management; and
11 WHEREAS, in connection with the funding of the sanitary sewer and storm drain relocation
12 engineering design and construction management, it is proposed that the Agency shall utilize
13 . revenues attributable to the Benefited Project Area in an amount of$212,277.
14 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
15 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
16 FOLLOWS:
17 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by
18 this reference.
19 Section 2. The Council hereby consents to the payment by the Agency of those costs
20 required by Amendment No. I in order to ensure the economic enhancements and stability of the
21 Benefited Project Area and other neighborhoods with the City for the reasons set forth in the
22 Recitals hereinabove. The Council also finds and determines that: (I) the buildings, facilities,
23 structures, or other improvements are of benefit to the project area or the immediate neighborhood
24 in which the project is located, regardless of whether the improvement is within another project
25 area, or in the case of a project area in which substantially all of the land is publicly owned that the
26 improvement is of benefit to an adjacent project area of the agency; (2) no other reasonable means
27 of financing the buildings, facilities, structures, or other improvements, are available to the
28 community; and (3) the payment of funds for the acquisition of land or the cost of buildings,
P:\Agendas\Resolutions\2009'05-04-09 Willdan Amendment No I MCC Reso.do<: 3
1 facilities, structures, or other improvements will assist in the elimination of one or more blighting
2 conditions inside the project area or provide housing for low- or moderate-income persons, and is
3 consistent with the implementation plan adopted pursuant to Section 33490.
4 Section 3. The findings and determinations herein shall be final and conclusive. This
5 Resolution shall take effect upon its adoption and execution in the manner as required by the City
6 Charter.
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I.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE FUNDING OF
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL
SERVICES BY AND BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") AND WILLDAN
. ENGINEERING FOR SANITARY SEWER LINE RELOCATION DESIGN
AND CONSTRUCTION MANAGEMENT FOR THE STATE COURTHOUSE
PROJECT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS
PURSUANT TO HEALTH & SAFETY CODE SECTION 33445 AS TO THE
BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT
PROJECT AREA FOR UNDERTAKING OF THE DESIGN AND
CONSTRUCTION MANAGEMENT OF THE PUBLIC IMPROVEMENT
(CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
10 Common Council of the City of San Bernardino at a
11 held on the 4th day of May 2009. by the following vote to wit:
meeting thereof,
12 Council Members:
Aves
Navs
Abstain
Absent
13 : ESTRil.DA
14 BAXTER
15 BRINKER
16 SHORETT
17 i KELLEY
i JOHNSON
18
19 MC CAMMACK
20
21
22
Rachel G. Clark, City Clerk
The foregoing Resolution is hereby approved this
23 I
24
25
day of
,2009.
Patrick J. Morris, Mayor
City of San Bernardino
26 Approved as to Form:
27
28
P\Aj!endas\Resolulions\:!OO'I'05_l\4_09 Willdan Amendment No ] !\lCe Reso doc 5
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RESOLUTION NO.
t(QJfJ~~
I
!
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL
SERVICES BY AND BETWEEN THE AGENCY AND WILLDAN
ENGINEERING FOR SANITARY SEWER LINE RELOCATION DESIGN
AND CONSTRUCTION MANAGEMENT FOR THE STATE COURTHOUSE
PROJECT (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation
9 and a charter city duly created and existing pursuant to the Constitution and the laws of the State of
10 California; and
11 WHEREAS, the Community Development Commission of the City of San Bernardino (the
12 "Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the
13 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of
14 California, organized and existing pursuant to the California Community Redevelopment Law (Part
15 I of Division 24 commencing with Section 33000) of the Health and Safety Code of the State of
16 California (the "Act"); and
17 WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the
18 Mayor and Common Council of the City of San Bernardino (the "Council"), pay all or a part of the
19 cost of installation and construction of any building, facility, structure or other improvement which
20 is publicly owned either within or without the boundaries of a redevelopment project area if the
21 Council determines: (I) that such buildings, facilities, structures or other improvements are of
22 benefit to the redevelopment project area or the immediate neighborhood in which the project is
23 located, regardless of whether such improvement is within another project area, or in the case of the
24 project area in which substantially all the land is publicly owned, that the improvement is of benefit
25 to an adjacent project area of the Agency; (2) that no other reasonable means of financing such
26 buildings, facilities, structures or other improvements is available to the community, and such
27 determination by the Commission and the Council shall be final and conclusive; and, (3) that the
28
P ".A!!end~s\Reso]l.llion.s\lOO<J\05-1}~-09 Willdan Amendrnenll'\o I CDC Reso doc
d<. l~
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1 WHEREAS, the Council and the Conunission have previously approved and adopted the
2 Redevelopment Plan for the Central City East Redevelopment Project Area (hereinafter referred to
3 as the "Redevelopment Plan"); and
4 WHEREAS, it is in the interest of the present landowners within the project area subject to
5 the Redevelopment Plan (the "Project Area") and the residents, both within the Project Area and
6 within the City generally, that the Agency cause the funding of Amendment No.1 to the Willdan
7 Engineering Services Agreement ("Amendment No. I") for the engineering design and construction
8 management of the relocation of the sanitary sewer line that traverses across the Agency owned
9 property at 247 West Third Street (the "Property") within the Central City East Redevelopment
10 Project Area; and
11 WHEREAS, the Agency owned Property is in escrow by and between the Agency and the
12 State Administrative Office of the Courts (the "AOC") for the purpose of constructing a multi-story
13 Courthouse;and
14 WHEREAS, the sales agreement between the Agency and the AOC calls for the removal of
15 the existing sanitary sewer and storm drain located on the Property; and
16 WHEREAS, the new Courthouse facility will serve all residents of the City and within
17 redevelopment areas, and in particular the Project Area due to the fact that many of the individuals
18 who will conduct business at the new Courthouse maintain office locations within the Southeast
19 Industrial Park Redevelopment Project Area; and
20 WHEREAS, approximately 400 jobs will be created with the completion of the new
21 Courthouse; and
22 WHEREAS, the sanitary sewer relocation, when completed will allow the AOC to construct
23 the new Courthouse which will have a positive economic impact on various City, retail, business,
24 and commercial functions, which service the residents, workers, and business owners within the
25 Central City East and the Southeast Industrial Park Redevelopment Project Areas (the Southeast
26 Industrial Park is herein referred to herein as the "Benefited Project Area"); and
27 WHEREAS, the aforementioned Benefited Project Area is generally contiguous or in
28 proximity to the Central City East Redevelopment Project Area and serves commercial, retail, and
P\Agendas.\Resolutions\2009\05-04-09 WiIldan Amendment No_ I CDC Reso doc 2
1 other community needs of the Benefited Project Area as to those functions that cannot be provided
2 separately within the Benefited Project Area; and
3 WHEREAS, the Project Area is suffering from stagnant property values and impaired
4 investments, and in order to promote the City's health, safety and welfare, it is important that the
5 Agency fund the costs of the aforementioned sanitary sewer and storm drain relocation engineering
6 design and construction management; and
7 WHEREAS, in connection with the funding of the sanitary sewer and storm drain relocation
8 engineering design and construction management, it is proposed that the Agency shall utilize
9 revenues attributable to the Benefited Project Area in an amount of$212,277; and
10 WHEREAS, it is appropriate at this time for the Commission to approve and authorize the
11 Interim Executive Director to execute said Amendment No. I and for the Commission to make
12 certain findings and determinations and take certain actions with respect to the Agency's funding of
13 the Amendment No. I to the Willdan Engineering Services Agreement.
14 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
IS CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
16 FOLLOWS:
17 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by
18 this reference.
19 Section 2. The Commission hereby authorizes the payment by the Agency of those costs
20 required by Amendment No. I in order to ensure the economic enhancements and stability of the
21 Benefited Project Area and other neighborhoods with the City for the reasons set forth in the
22 Recitals hereinabove. The Commission also finds and determines that: (1) the buildings, facilities,
23 structures, or other improvements are of benefit to the project area or the immediate neighborhood
24 in which the project is located, regardless of whether the improvement is within another project
25 area, or in the case of a project area in which substantially all of the land is publicly owned that the
26 improvement is of benefit to an adjacent project area of the agency; (2) no other reasonable means
27 of financing the buildings, facilities, structures, or other improvements, are available to the
28 community; and (3) the payment of funds for the acquisition of land or the cost of buildings,
P\Agenda$\ResoIUlions\2009\05-04-09 Willdan Amendment No 1 CDC Resodoc 3
1 of financing the buildings, facilities, structures, or other improvements, are available to the
2 community; and (3) the payment of funds for the acquisition of land or the cost of buildings,
3 facilities, structures, or other improvements will assist in the elimination of one or more blighting
4 conditions inside the project area or provide housing for low- or moderate-income persons, and is
5 consistent with the implementation plan adopted pursuant to Section 33490.
6 Section 3. The findings and determinations herein shall be final and conclusive. This
7 Resolution shall take effect from and after its date of adoption by this Commission.
1
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL
SERVICES BY AND BETWEEN THE AGENCY AND WILLDAN
ENGINEERING FOR SANITARY SEWER LINE RELOCATION DESIGN
AND CONSTRUCTION MANAGEMENT FOR THE STATE COURTHOUSE
PROJECT (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
7
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8 Development Commission of the City of San Bernardino at a
9 thereof, held on the 4th day of May 2009, by the following vote to wit:
meeting
10 Commission Members: Aves Navs
11 ESTRADA
12 BAXTER
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17 MC CAMMACK
18
19
Absent
Abstain
Secretary
20
21 The foregoing Resolution is hereby approved this
day of
,2009.
22
23
24
Patrick J. Morris. Chairperson
Community Development Commission
of the City of San Bernardino
25
26
Approved as to Form:
27 By: \ / ~df'Ut-
28 Agency Coun1iJl
P \Age[1das\Resoluliom;\2009\O~-04-09 Willdan Amendment No ] CDC Reso doc 5
AMENDMENT NO.1
TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
WILLDAN ENGINEERING
THIS AMENDMENT NO. I to the Redevelopment Agency of the City of San
Bernardino Agreement for Professional Services, Willdan Engineering (this "Amendment No.
1") is dated May 4, 2009, and is entered into by and between the Redevelopment Agency of the
City of San Bernardino, a public body, corporate and politic (the "Agency"), and Willdan
Engineering (the "Consultant"), and amends certain provisions of that certain Agreement for
Professional Services with Willdan Engineering dated November 17,2008, by and between the
Agency and the Consultant (the "Agreement"). The Agency and the Consultant agree as
follows:
RECITALS
WHEREAS, the Agency and the Consultant have executed and entered into the
Agreement to perform those tasks as indentified as Phase I which specifically address alternative
locations for the relocation the existing sanitary sewer line for the new Courthouse; and
WHEREAS, the Consultant has performed Phase I services and tasks as required
pursuant to the Agreement; and
WHEREAS, with the completion of Phase I, the proposed Phase II tasks are now
required for the preparation of engineering drawings, undertaking the bid process, and providing
construction management services needed to complete the project; and
WHEREAS, the Agency and the Consultant desire to amend the Agreement to provide
for Phase II tasks and services for an increase in the contract dollar amount for professional
services and the expiration date of the Agreement pursuant to the terms, covenants and
conditions of this Amendment No.1.
NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS SET FORTH
ABOVE, THE MUTUAL PROMISES OF THE AGENCY AND OF THE CONSULTANT IN
THIS AMENDMENT NO. 1 AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY
ACKNOWLEDGED BY THE AGENCY AND BY THE CONSULTANT, THE AGENCY
AND THE CONSULTANT AGREE AS FOLLOWS:
1. The Recitals ofthis Amendment No. I are incorporated herein by this reference.
2. This Amendment No. I amends the scope of work as provided in Section 3. Section
3 of the Agreement is hereby amended to refer to Exhibit "A" of this Amendment No.
1.
P 'Agendas\Agcnda AtUChments\Agmts-Amend 2009\05_04_09 Willdan Engineering Amendment No 1 doc
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3. This Amendment No. I amends the dollar amount of the compensation payable by the
Agency to the Consultant from $58,830 to $235,745 representing an increase of
$176,915, as said $58,830 figure is provided in Section 4.A. of the Agreement.
Section 4.A. of the Agreement is hereby amended by the insertion of the dollar figure
of$235,745 to replace the dollar figure of$58,830.
IN WITNESS WHEREOF, the Agency and the Consultant hereto have duly executed this
Amendment No. I as of the date first written above.
AGENCY
Redevelopment Agency of the City of San
Bernardino, a public body, corporate and politic
Dated:
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By: \ ~..~k
Ag~cy Couns
CONSULTANT
Willdan Engineering
2401 East Katella Avenue, Suite 450
Anaheim, CA 92806-6073
Dated:
By:
Kenneth C. Taylor, Vice President
P:\Agcndas\Agenda Artachmcnts\Agmts-Amcnd 2009\05-04-09 Willdan Engineering Amendment No. Ldoc
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EXHIBIT "A"
SCOPE OF SERVICES
Amended October 31, 2008
Phase II
P:\Agcndas\Agcnda Attachments\Agmts-Amcnd 2009\05-04-09 Willdan Engineering Amendment No ldac
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October 31, 2008
Ms. Kathleen Rohles
EZJED Project Manager
City of San Bernardino
Economic Development Agency
201 North 'E' Street, Suite 301
San Bernardino, CA 9240 I
Re: Amended Proposal for Engineering and Construction Services for Sanitary Sewer Line
Reloeation
Dear Ms. Rohles:
Herein is our amended proposal to provide Engineering and Construction Services for Sanitary Sewer
Line Relocation. This amended proposal supplements and adjusts our original proposal, which was
submitted to the City of San Bernardino Economic Development Agency (EDA) on August 27, 2008.
Per your request we have separated the project into two phases:
Phase I:
Phase 2:
Sanitary Sewer Relocation and Storm Drain Study
Sanitary Sewer Relocation and Storm Drain Removal Design, Contract
Administration Assistance, and Construction Management Services
Per our discussions, we will focus on three sanitary sewer relocation alternatives in the Phase I study
work:
1. Remove the existing sewer and relocate a new replacement sewer just sOllth of the proposed
new huilding footprint and any underground facilities on the existing property,
2. Remove the existing sewer and relocate a new replacement sewer along the east and southeaSl
property line (on the property) just to the west of the existing Warm Creek drainage system
3. Remove the existing sewer and relocate a new replacement sewer west in West 3rd Street to
the intersection with North Arrowhead Avenue: then south in North Arrowhead Avenue to
where the existing (to be relocated) sanitary sewer connects (current North Arrowhead
connection), which is approximately halfway between West 3rd Street and West 2nd Street.
This new sewer would replace the existing 3~-inch to 27-inch sewer in the east side of North
Arrowhead Avenue between West 3rd Street and the current North Arrowhead connection.
The critical nature of the overall project schedule is understood in that a condition of the Real Property
Agreement between the City Economic Development Agency (EDA) and the State Administrative
Office of the Courts (AOC) stipulates that the existing sanitary sewer on the suhject property is to be
excavated and relocated prior to the close of escrow with escrow estimated to close no sooner than
July I, 2009. Due to the tight schedule, Willdan will perform the Phase I and Phase 2 work a.,
expediently as possihle.
Engineering I Geotechnica: I Environmel"!lal I Flna.,cial I Homeland Security
71<4.978.8200 I 800.4-2".9144 1 fax: 11...~18.8299 I 2401 East Katella Avenue, Suite -450, Anaheim, CA 92806-6073 I www.willclan.com
Ms. Kathleen Robles
October 31, 2008
Page 2
Phase 1 - Sanitary Sewer Relocation and Storm Drain Study
More than likely, all or most of work associated with Phase I Task Nos. 2.1, 2.2, and 2.4 will need to
be conducted in order to develop sufficient information to fully evaluate the three alternative sewer
alignments. However, in the original proposal it was assumed that an alternative alignment across
Warm Creek would be evaluated. Per our discussions, this alternative will not be evaluated. As a
result less permit evaluation will be required and we have reduced the hours and fee associated with
Phase I Task 2.5. Also, work associated with Tasks 2.6 and 2.7 has been reduced in consideration of
reduced alternatives analysis and presentation in the study report. The report will be developed to
expediently document the study analysis and the results.
In reviewing available survey information for the project area including the field survey work
conducted by Psomas in March 200S. we have concluded that a new aerial survey does not need to be
done and that the field survey work budgeted in our original proposal is sufficient to supplement,
verify. and improve upon the previous survey work, i.e. no additional survey work has been added in
this amended proposal.
As shown in our attached amended scope, hours, and fee table, Phase I work is estimated at a not-to-
excccd fcc of $58,830.
Phase 2 _ Sanitary Sewer Relocation and Storm Drain Removal Design, Contract
Administration Assistance, and Construction Management Services
In order to quantify sanitary sewer design, construction services as well as an estimated project
schedule in our original proposal, a sanitary sewer alignment through Meadowbrook Park and across
Warm Creek; then south along North Mountain View Avenue to the intersection with King Street;
then west on King Street to a connection with the existing manhole in the vicinity of the North
Arrowhead Avenue intersection (Sample Alternative 2) was assumed. This alignment is
approximately 1,600 linear feet long.
As this alternative alignment will now not be evaluated, the alternative alignment of routing the
replacemenl sewer west in West 3rd Street to the intersection with North Arrowhead Avenue; and then
south in North Arrowhead A venue 10 where the existing (to be relocated) sanitary sewer connects has
now been used to quantify sanitary sewer design and construction services as well as the estimated
project schedule.
This West 3'd StreetINorth Arrowhead Avenue alignmcnt is approximately 1,100 linear feet long.
However, a portion of lhe existing sewer north of the West 3rd Street/North Arrowhead A venue
intersection will need to be replaced so that a milder slope can be achieved in connecting with Lhe
deeper new sewer al this inlersection. Some of the existing sewer south of the existing connection
point in North Arrowhead Avenue might also need to be replaced for lhe same reason. This additional
sewer replacement could be as much as 400 linear feel. As a rcsult the total length of sewer
replacement could be approximately 1,500 linear feel (1,100 +4(0).
Because the sewer in this alignment will be very deep and mighl need to be constrUcted by bore and
jack constrUction, the hours, fee, and schedule associated with sanitary sewer design and construction
services for this alignment is estimated to be approximately the same as the "Creek Alternative"
previously assumcd. However, a few adjustments have been made. For cxample, the hours and fee
associated with acquiring creek crossing permits in Phase 2 Task 2.5 has been eliminated.
Engineering I Geotechnical I Environmental I Financial I Homeland Security
71<4.978.8200 I 8OO..ol24.9144 I fax: 71<4.978.8299 I 2401 East Katella Avenue, Suite <450, Anaheim, CA 92806-8073 I www,wIlJdan.com
Ms. KatWeen Robles
October 31,2008
Page 3
Storm Drain
In regards to the existing storm drain on the subject property, Willdan has discussed storm drainage
facilities in and around the property and the potential that a significant area storm drain is located on
the property with both County Aood Control and City Public Works personnel. We have also made
multiple field investigations, studied City drawings, and have evaluated area drainage patterns. Based
on our investigations, we believe Lhat the remnants of storm drainage facilities on the property are
evidence of an old property drain that appears to be inactive and not an active area storm drainage
system.
We have determined that the City and not the County has jurisdiction on local drainage facilities
including the Warm Creek drainage system. whicb drains areas north and northeast of the property as
well as the property subject itself. City Public Works personnel contacted do not believe that a
significant storm drainage sys.tem is located on the subject property nor do they have any records or
drawings of such a system. If this system did exist City Public Works would have records of its
existence or would at least have an operation and maintenance history with such a system after so
many years.
All area drainage collects in the Warm Creek drainage system located immediately east and southeast
uf the property. It would not be logical to have a parallel system that cuts across the subject property.
Also no upstream or downstream connecting facilities arc in evidence.
We believe that the remnants of storm drainage facilities on the property are evidence of an old
property drain that appears to be inactive or largely inactive. . Two of the catch basins arc completely
buried. The top of the third catch basin is elevated more than a foot above the existing ground. This
catch basin looks to be of much older construction and was possibly constructed conducive for older
property characteristics.
We believe that any water observed in this catch basin is from the irrigation system immediately north
of these catch basins that irrigates a grassy median. It appears that the sprinklers arc allowed to run
for an excessive amount of time. This grassy median was saturated with water when we last
investigated the site.
We recommend that an optional task to design and construct a storm drain to replace a significant
active storm drain on the properly not even be included in our amended proposal b~cause: I) we
believe this storm drain to be an old property dmin that appears to he inactive and not an active area
storm drainage system, 2) it would be near impossible to estimate a probable design or construction of
a replacemenl storm drain as there is no evidence of upstream or down stream conn&ting points, and
3) this abstract storm drain replacement plan might well be more expensive to design and construct
tban the subject sanitary sewer.
Instead, we propose to keep our scope the same as before regarding the storm drain, i.e. design and
construction services to remove the existing storm drain off of the property.
As shown in our attached amended scope. hours, and fee table, Phase 2 work is eSlimated at a not-to-
exceed fee of $176.915. The total fee for Phase I and Ph..,e 2 is eSlimated at a not-to-exceed fee of
$235,745. This is less than our original fee estimate of $247. 135.
Engineering j Geolechnical 1 Environmental 1 Financial I Homeland Security
714.978.8200 I 800.424.9144 I fax: 714.978.8299 I 20401 East Katella Avenue, Suite 450, Anaheim, CA 92806-6073 I www.wmdan.com
Ms. Kathleen Robles
October 31, 2008
Page 4
Project Schedule
In regards to the project schedule, it is understood that the tentative plan is for the Phase [ project
contract 10 go to the Redevelopment Committee on November 6,2008 and then to the City Council on
Nov 17, 2008 with the project NOlice to Proceed estimated for November 18, 2008. A tenlative Phase
I project schedule that assumes this date for the Notice to Proceed is attached. As shown, the Phase [
work is estimated to be completed by January 23, 2009.
A lentative Phase 2 project schedule that assumes a start-up date of February 2, 2009 is also attached.
As shown, lhe Phase 2 work is estimated to be completed by July [.2009.
Please conlact me at 7 [4-978-8206 if you have any questions regarding our amended proposal to
provide Engineering and Construction Services for the Sanitary Sewer Line Relocation.
Sincerely,
~P.E.C- )~/C
Vice President
Group Manager, Puhlic Worh
Engineering I Geolec"lnical I Environmental I Fina:"lcial I Home12nd Security
71~.978_8200 I 800.424.91'" I fax: 714.978.8299 I 2.401 East Katl!llla Avenue, Suile 450, Anaheim, CA 92806-6073 1 www.wntdan.com
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