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HomeMy WebLinkAboutItem No. 15 - 2ND Street Bridge Replacement at Warm Creek Page 1 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 6636 Page 2 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 6636 Page 3 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