HomeMy WebLinkAboutCDC/2009-18
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(NOTE: COMPANION RESOLUTION 2009-117)
RESOLUTION NO. CDC/2009-18
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: (1) 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
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p,\,Agenda,\Resolul'OIl.S<'009\OS.04-09 W;lIdan Amendment No . I CDCR.,o.d,,"
CDC/2009-18
1 WHEREAS, the Council and the Commission 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. I 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 ProjectArea;and
11 WHEREAS, the Agency owned Property is in escrow by and between the Agency and the
12 State Administrative Office ofthe 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\Resc>lut;ons\2()()9\O~-04-09 WiJldan Amendment No I COC Reso.OOc 2
CDC/2009-18
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
15 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: (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\RcsolUlions\2009\05-04--09 Willdan Am.mdmenl ND 1 CDC Resodoc 3
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COC/2009-lS
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.
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CDC/2009-18
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)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8 Development Commission of the City of San Bernardino at a ioint regular
9 thereof, held on the 4th day of May 2009, by the following vote to wit:
10 Commission Members: Aves Nays
11 ESTRADA X
12 BAXTER X
13 BRINKER X
-
14 SHORETT X
15 KELLEY X
16 JOHNSON X
17 MC CAMMACK X
-
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meeting
Abstain
Absent
~
Secretary
21 The foregoing Resolution is hereby approved this SPI- day of
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M;:iV
,2009.
o...'"IJ....~
Patri k J. Morris, air erson
munity Development Commission
of the City of San Bernardino
Approved as to Form:
27 By: C /~.0A1 J_
28 Agency Coun~
P.\Agendas\Re'olutio"s\2009\05-04-09 Willda" Amendment 1\0 I tDC Re,o.doc 5
CDC/2009-18
AMENDMENT NO. I
TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDlNO
AGREEMENT FOR PROFESSIONAL SERVICES
WILLDAN ENGINEERING
THIS AMENDMENT NO. 1 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 1 which specifically address alternative
locations for the relocation the existing sanitary sewer line for the new Courthouse; and
WHEREAS, the Consultant has performed Phase 1 services and tasks as required
pursuant to the Agreement; and
WHEREAS, with the completion of Phase 1, the proposed Phase 11 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 .Il 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. I 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:
I. The Recitals of this Amendment No.1 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\Agenda Attachment,\AgL11g_Amcnd 2009\05-04-09 Willdan Engineering Amendment No. I.doc
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CDC/2009-18
3. This Amendment No.1 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.1 as of the date first written above.
AGENCY
Dated: (J,/lt/AJ(!f
Redevelopment Agency of the City of San
Bernardino, a public bod orate and politic
By:
Emil Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By:
Timothy 1. S 0, Agency Counsel
CONSULTANT
Dated: 'Ii Z~), f
Willdan Engineering
2401 East Katella Avenue, Ste 450
Anah~2,806-6073
By: .O~
Name:
K,,,,,,tl, C. L,lar ~:~ k l-\ul/\,'r
Title: ~t' Vice President
CDC/2009-18
EXHIBIT "A"
SCOPE OF SERVICES
Amended October 31, 2008
Phase II
CDC/2009-18
WWI~n~~~~ I
extending
your
reach
October 31, 2008
Ms. Kathleen Robles
EZlED Project Manager
City of San Bernardino
Economic Development Agency
201 North 'E' Street, Suite 301
San Bernardino. CA 92401
Re: Amended Proposal for Engineering and Construction Services for Sanitary Sewer Line
Relocation
Dear Ms. Robles:
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 Stonn 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] study
work:
1. Remove the existing sewer and relocate a new replacement sewer just south of the proposed
new building footprint and any underground facilities on the existing property,
2. Remove the existing sewer and relocate a new replacement sewer along the east and southeast
property line (on the property) just to the west of the existing Warm Creek drainagc system
3. Remove the existing sewer and relocate a new replacement sewer west in West 3rd Street to
the intersection with North Arrowhead A venue; then south in North Arrowhead A venue to
where the existing (to be relocated) sanitary sewer connects (current North Arrowhead
connection), which is approximately halfway between Wcst 3rd Street and West 2nd Street.
This new sewer would replace the existing 3D-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 subject 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 as
expediently as possible.
Engineering I Geotechnical I Environmental I Financial I Homeland Security
714.978.8200 I 800.424.9144 I lax: 714.978.8299 I 2401 East Katella Avenue, SUite 450, Ananeim, CA 9280&-6073 I ~.wi~dan.com
CDC/2009-18
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 1 Task Nos. 2.1, 2.2, and 2.4 will need to
he 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 1 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 2008, 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.c. no additional survey work has been added in
this amended proposal.
As shown in our attached amended scope. hours, and fee table, Phase] work is eSlimatcd at a nol-to-
exceed fee of $58.830.
Phase 2 . Sanitary Sewer Relocation and Storm Drain Removal Design, Contract
Administration Assistanf..-e, 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 Meadowhrook Park and across
Warm Creek; then south along North Mountain View A venue to the intersection with King Street;
then west on King Street lo a connection with the existing manhole in the vicinity of the North
Arrowhead Avenue intersection (Sample Alternative 2) was assumed. This alignmenl is
approximately 1.600 linear feet long.
As this alternative alignmenl will now not be evaluated, the alternative alignment of routing the
replacement sewer west in West 3rd Street to the intersection with North Arrowhead A venue: and then
south in North Arrowhead Avenue to where the existing (to be relocated) sanitary sewer connects has
now heen used to quantify sanitary sewer design and construction services as well as the estimated
project schedule.
This West 3rd Street/North Arrowhead Avenue alignment is approximately 1,100 linear feel long.
However. a portion of the 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 the
deeper new sewer at this intersection. Some of the existing sewer south of the existing connection
point in North Arrowhead A venue might also need to he replaced for the same reason. This additional
sewer replacement could be as much as 400 linear feet. As a result the total length uf sewer
replacement could bc approximately 1,500 linear feet (1.100 +400).
Because the sewer in this alignment will he very deep and might need Lo 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 Altcrnative"
previously assumed. However. a few adjustments have heen made. For example. the hours and fee
associated with acquiring creek crossing permits in Phase 2 Task 2.5 has heen eliminated.
Engineering I Geotechnical I Environmental I Financial I Homeland Seculity
714.978.8200 I 800.42..9144 I flOC 714.978.8299 I 2401 East Katella Avenue, Suite 450, Anaheim, CA 92806-6073 I www.wiIldan.com
CDC/2009-18
Ms. Kathleen Robles
October 3 I, 2008
Page 3
Storm Drain
In regards to the existing storm drain on the subject property, WilIdan has discussed storm drainage
facilities in and around the property and the potentiallhat a significant area storm drain is located on
the property with both County Flood 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 that the remnants of storm drainage facilities on the property are
evidence of an old property drain that appears to be inactive and nOI 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, which 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 system 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
of 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 are in evidence.
We believe that the remnants of slorm drainage facilities on the property are evidence of an old
property drain that appears to he inactive or largely inactive. Two of the catch hasins are completely
buried. The top of the third catch hasin is elevated more than a foot above the existing ground. This
catch hasin looks to he of much older conslruction and was possibly constructed conducive for older
property characteristics.
We believe that any water ohserved in this catch basin is from the irrigation system immedialely north
of these catch basins that irrigates a grassy median. II appears that the sprinklers are 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 property not even be included in our amended proposal because: I) we
believe this storm drain to be an old property drain that appears to be inactive and not an active area
storm drainage system, 2) it would be near impossible to estimate a probable design or construction of
a replacement storm drain as there is no evidence of upstream or down stream connecting points, and
3) this abslract slorm drain replacement plan might well he more expensive to design and construct
than 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 olT of the property.
As shown in our attached amended scope, hours, and fee tahle, Phase 2 work is estimated at a nol-to-
exceed fee of $176.915. The total fee for Phase I and Phase 2 is estimated at a not-to-cxceed fee of
$235.745. This is less than our original fee eSlimate of $247. 135.
Engineering I Geotechr1ical I Environmental I Financial I Homeland Security
714.978.8200 I 800.424.9144 I lax: 714.978.8299 I 2401 East Katella Avenue, Suite 450, Anaheim, CA 92806-6073 I www.willdan.com
CDC/2009-18
Ms. Kathleen Robles
October 3 I, 2008
Page 4
Project Schedule
In regards to the project schedule. it is understood that the tentative plan is for the Phase I project
contract to go to the Redevelopment Committee on November 6, 2008 and then to the City Council on
Nay] 7,2008 with the project Notice to Proceed estimated for November] 8.2008. A tentative Phase
1 project schedule that assumes this date for the Notice to Proceed is attached. As shown, the Phase I
work is estimated to he completed by January 23, 2009.
A tentative Phase 2 project schedule that assumes a start-up date of February 2, 2009 is also attached.
As shown. the Phase 2 work is estimated to be completed by July I, 2009.
Please C'ontacl me at 714-978-8206 if you have any questions regarding our amended proposal to
provide Engineering and Construction Services for lhe Sanitary Sewer Line Relocation.
Sincerely,
~PEC- )-~
Vice President
Group Manager. Public Works
Enginearhg I Geotechnical I Environmenlal I FinanCial I Homeland Security
714.978,8200 I 800,424.9144 I lax: 714.978.8299 I 2401 East Katella Avenue, Suite 450, Anaheim, CA 92806-6073 I www.wilk:lan.com
CDC/2009-18
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