HomeMy WebLinkAboutItem No. 15 - 2ND Street Bridge Replacement at Warm Creek
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: March 18, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: 2ND Street Bridge Replacement at Warm Creek - First
Amendment to Right of Way Services
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-49:
1. Approving the First Amendment to Consultant Services Agreement with
Overland Pacific Cutler, LLC in the amount of $4,100 for a total Agreement
amount of $64,037; and
2. Extending the contract term to June 30, 2021; and
3. Authorizing the Director of Finance to record a budget adjustment for the 2nd
Street Bridge Replacement Project, in an amount not to exceed $4,100, in the
Regional Development Impact Fee (DIF) Fund No. 264.
Background
On January 10, 2012, Caltrans approved the City’s application for Federal Highway
Bridge Funds in the amount of $2,698,549 for the replacement of the 2nd Street Bridge.
This amount included $374,760 for preliminary engineering (environmental document)
and design of the replacement bridge and $200,000 for the acquisition of right -of-way
and utility relocations required for the project.
On December 19, 2018, the Mayor and City Council adopted Resolution No. 2018 -317,
approving an agreement with Overland Pacific Cutler, LLC (OPC) in the amount of
$59,937 to perform all right-of-way tasks that are necessary to obtain clearance from
Caltrans for the 2nd Street Bridge Replacement at Warm Creek (SS13 -001) (“Project”).
OPC has completed a number of right-of-way acquisitions, and is currently in the
process of completing additional acquisitions for the project. Additional budget and
extension of the contract term are required to complete the right -of-way tasks for the
project.
Discussion
On January 31, 2020, OPC submitted a request to amend the Consulting Services
Agreement with the City. The request indicated that the OPC had performed the
required number of negotiation meetings with specific parcel owners. Additional
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negotiation is necessary to complete the Project right -of-way acquisitions. OPC has
provided pricing in an additional amount of $4,100 for the remaining wor k to be
performed. This work is necessary to successfully construct and complete the Project
as described in Attachment No. 3. Additionally, staff is recommending the term of the
contract be extended to June 30, 2021 to ensure appropriate time is allowed t o move
through the remaining right-of-way negotiations.
2020-2025 Strategic Key Targets and Goals
This project is consistent with Key Target No 1e: Create an asset management plan.
The project supports this key target by securing needed right-of-way that will allow the
City to replace the 2nd Street Bridge, which is part of the City’s current asset inventory.
Fiscal Impact
There is no General Fund Impact. Funding for the Project in the amount of
$2,143,319.72 is budgeted and available in the Regional Circulation Development
Impact Fee Fund in Account No. 264-160-7841-5504.
Amended Project Cost
Original Proposal Amount $ 59,937
First Amendment $ 4,100
Total cost of services $ 64,037
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-49:
1. Approving the First Amendment to Consultant Services Agreement with
Overland Pacific Cutler, LLC in the amount of $4,100 for a total Agreement
amount of $64,037; and
2. Extending the contract term to June 30, 2021; and
3. Authorizing the Director of Finance to record a budget adjustment for the 2nd
Street Bridge Replacement Project, in an amount not to exceed $4,100, in the
Regional Development Impact Fee (DIF) Fund No. 264.
Attachments
Attachment 1 Resolution; Exhibit “A” - First Amendment to Contractors
Services Agreement
Attachment 2 Location Map
Attachment 3 Original Consultant Agreement
Attachment 4 Consultant Amendment Request
Ward: 1
Synopsis of Previous Council Actions:
June 16, 2014 Resolution No. 2014-234 awarding an Agreement to Tetra Tech for
the design of bridge replacement at 2 nd Street and Warm Creek
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Federal Aid Project No. BRLS-5033(052), Capital Improvement
Project No. SS13-001, Bridge No. 54C-0411.
December 5, 2016 Resolution No. 2016-247 adopting a Mitigated Negative Declaration
(MND), approving a Mitigation Monitoring and Reporting
Program(MMRP) and authorizing the Director of Community
Development or Designee to file a Notice of Determination (NOD)
with the Clerk of the Board of Supervisors of San Bernardino
County for the Second Street Bridge Replacement Project, Bridge
#54C-0411.
May 16, 2018 Approved Resolution No. 2018-139 approving Amendment
No 1 to Agreement to Tetra Tech for the design of bridge
replacement at 2nd Street and Warm Creek Federal Aid Project No.
BRLS-5033(052), Capital Improvement Project No. SS13 -001,
Bridge No. 54C-0411.
December 19, 2018 Resolution no. 2018-317 approving an Agreement with Overland
Pacific Cutler, LLC (OPC) to perform all Right-of-Way (R/W)
functions
Resolution No. 2020-49
RESOLUTION NO. 2020-49
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE FIRST AMENDMENT TO
CONSULTANT SERVICES AGREEMENT WITH
OVERLAND PACIFIC CUTLER, LLC, IN THE AMOUNT
OF $4,100 FOR A TOTAL AGREEMENT AMOUNT OF
$64,037; EXTENDING THE CONTRACT TERM TO JUNE
30, 2021; AND AUTHORIZING THE DIRECTOR OF
FINANCE TO RECORD A BUDGET ADJUSTMENT FOR
THE 2ND STREET BRIDGE REPLACEMENT PROJECT IN
THE AMOUNT OF $4,100 IN THE REGIONAL
DEVELOPMENY IMPACT FEE (DIF) FUND NO. 264
WHEREAS, on December 5, 2016, the Mayor and City Council adopted Resolution No.
2016-137 approving a Mitigated Negative Declaration (MND), approving a Mitigation
Monitoring and Reporting Program (MMRP) and authorizing the Director of Community
Development or Designee to file a Notice of Determination (NOD) with the Clerk of the Board
of Supervisors of San Bernardino County for the 2nd Street Bridge Replacement Project, Bridge
#54C-0411 (“Project); and
WHEREAS, on June 20, 2018, the Mayor and City and Council adopted Resolution No.
2018-189 approving the Operating Budget and Capital Improvement Program (CIP) for FY
2018/19 which includes the Project; and
WHEREAS, the Project is being reimbursed from Federal Highway Bridge Program
Funds and reimbursement is administered through the California Department of Transportation
(CalTrans); and
WHEREAS, the City has received authorization from CalTrans to proceed with the
acquisition of right-of-way for the Project; and
WHEREAS, on December 19, 2018, the Mayor and City Council adopted Resolution
No. 2018-317 approving an Agreement with Overland Pacific Cutler, LLC (OPC) in the amount
of $59,937 to perform all right-of-way tasks that are necessary to obtain clearance from Caltrans
for the Project; and
WHEREAS, OPC has completed a number of the Project related right-of-way
acquisitions, and is currently in process of completing remaining acquisitions; and
WHEREAS, additional budget, and an extension of the contract term, are required to
fully complete the right-of-way tasks for the Project; and
WHEREAS, on January 31, 2020, OPC submitted an first amendment request in the
amount of $4,100 to perform the remaining right-of-way acquisition services needed to
successfully construct and complete the Project; and
Resolution No. 2020-49
WHEREAS, the City now wishes to enter into the First Amendment to Consultant
Services Agreement with OPC for right-of-way services, increasing total compensation to
$64,037, and extending the term of the agreement through June 30, 2021.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or her designee is hereby authorized and directed to
approve the First Amendment to Consultant Services Agreement with Overland Pacific Cutler,
LLC (OPC) in the amount of $4,100 for a total Agreement amount of $64,037 and extend the
contract to June 30, 2021, a copy of which is attached as Exhibit “A” and incorporated herein.
SECTION 3. The Director of Finance is authorized and directed to record a budget
adjustment for the 2nd Street Bridge Replacement Project in an amount not to exceed $4,100 in
Regional Circulation Development Impact Fee (DIF) Fund No. 264, and amend the Purchase
Order to OPC for this work.
SECTION 4. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibilit y that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Resolution No. 2020-49
Approved as to form:
Sonia Carvalho , City Attorney
Resolution No. 2020-49
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
Exhibit ‘A’
FIRST AMENDMENT
TO THE
CONTRACTOR SERVICES AGREEMENT
City of San Bernardino
and
Overland Pacific Cutler, LLC
CITY: CITY OF SAN BERNARDINO
290 North “D” Street, 3rd Floor
San Bernardino, California 92401
CONSULTANT: Overland Pacific Cutler, LLC
2280 Market Street, Suite 200,
Riverside, CA 92501
SERVICES: Professional Engineering Services to Perform Right Of Way (R/W)
Functions That Are Necessary to Obtain R/W Clearance from Caltrans
For 2nd street Bridge Replacement at Warm Creek (SS13-001)
AMOUNT: $64,037 (as amended)
EXPIRATION DATE: Until completion of the Scope of Services or June 30, 2021,
Whichever is the earliest.
MANAGING DEPARTMENT: Public Works
Exhibit ‘A’
FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND OVERLAND PACIFIC CUTLER, LLC
First Amendment to the Consultant Services, dated as of March 18, 2020 (the
“Amendment”), between the City of San Bernardino, a charter city and municipal
corporation organized under the Constitution of the State of California (“City”), and
Overland Pacific Cutler, LLC. (“Contractor,” and together with City, the “Parties,” and
each, a “Party”).
WHEREAS, the Parties have entered into an Agreement, dated as of December 19,
2018, to perform all Right-of-Way (R/W) functions that are necessary to obtain R/W
Clearance from Caltrans for the 2nd Street Bridge Replacement at Warm Creek (SS13-
001). (the “Existing Agreement”); and
WHEREAS, the Parties hereto desire to amend the Existing Agreement to increase
the contract amount and expiration date on the terms and subject to the conditions set forth
herein; and
WHEREAS, pursuant to Section 12.12 of the Existing Agreement, the amendment
contemplated by the Parties must be contained in a written agreement.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows:
1. Definitions. Capitalized terms used and not defined in this Amendment have the
respective meanings assigned to them in the Existing Agreement.
2. Amendments to the Existing Agreement. As of the Effective Date (defined below), the
Existing Agreement is hereby amended or modified as follows:
ARTICLE IV PERFORMANCE PERIOD (Verbatim) “A”
is amended to replace the term
This contract shall go into effect on the date approved by the Mayor and city
Council, contingent upon approval by LOCAL AGENCY, and CONSULTANT
shall commence work after notification to proceed by LOCAL AGENCY’S
Contract Administrator. The contract shall end on June 30, 2020, unless
extended by contract amendment.
with
This contract shall go into effect on the date approved by the Mayor and city
Council, contingent upon approval by LOCAL AGENCY, and CONSULTANT
shall commence work after notification to proceed by LOCAL AGENCY’S
Contract Administrator. The contract shall end on June 30, 2021, unless
extended by contract amendment.
Exhibit ‘A’
ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Verbatim) “E”
is amended to replace the term
The total amount payable by LOCAL AGENCY shall not exceed $59,937.00
with
The total amount payable by LOCAL AGENCY shall not exceed $64,037.00
3. Date of Effectiveness; Limited Effect. This Amendment will become effective as of the
date fully executed by the Parties (the “Effective Date”). Except as expressly provided in
this Amendment, all of the terms and provisions of the Existing Agreement are and will
remain in full force and effect and are hereby ratified and confirmed by the Parties.
Without limiting the generality of the foregoing, the amendments contained herein will not
be construed as an amendment to or waiver of any other provision of the Existing
Agreement or as a waiver of or consent to any further or future action on the part of either
Party that would require the waiver or consent of the other Party. On and after the
Effective Date, each reference in the Existing Agreement to “this Agreement,” “the
Agreement,” “hereunder,” “hereof,” “herein,” or words of like import will mean and be a
reference to the Existing Agreement as amended by this Amendment.
IN WITNESS WHEREOF, this Agreement is executed by City
and Contractor acting by and through their authorized officers.
CITY OF SAN BERNARDINO: Overland Pacific Cutler, LLC.
Date: _____ / _____ / 2020 Date: _____ / _____ / 2020
_________________________________ By: ________________________________
Teri Ledoux, City Manager
Its: ________________________________
APPROVED AS TO FORM:
Sonia Carvalho , City Attorney
By: ______________________________
PROJECT
LOCATION
LOCATION MAP
SECOND STREET BRIDGE OVER WARM CREEK
BRIDGE REPLACEMENT PROJECT