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RESOLUTION NO. 2016-223 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THIRD AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF CHULA VISTA & KLEINFELDER, INC. (FORMERLY KNOWN AS SIMON WONG ENGINEERING, INC.) FOR THE WILLOW STREET BRIDGE REPLACEMENT PROJECT
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
By Resolution 2005-210, on June 21, 2005, the City Council approved an agreement with Simon Wong Engineering Inc. in the amount of $1,181,891 for environmental and engineering services required for the rehabilitation or replacement of the Willow Street Bridge. By Resolution 2009-014 on January 27, 2009 and Resolution 2013-059 on April 16, 2013 the City Council approved the First and Second Amendments, respectively. Said First and Second Amendments increased the total amount of the original agreement to $1,939,152 and $2,548,880, respectively, for additional time and effort required to complete the environmental and engineering services for the project. As of December 31, 2012, Simon Wong Engineering Inc. was acquired by Kleinfelder, Inc., however, no changes to assignment of the existing agreement were required (see Attachment for agreement re-assignment from Simon Wong Engineering, Inc. to Kleinfelder, Inc.).
In order to complete a few of the items from the original scope of work identified during the Preliminary Engineering Phase (Phase 1), Final Design Phase (Phase 2) and Construction Support Phase (Phase 3), the consultant requires a Third Amendment to their agreement. This amendment is primarily needed to complete the final design of the bridge and to provide construction support. Staff recommends that Kleinfelder, Inc. formerly known as Simon Wong Engineering Inc. (Consultant) agreement be increased by $383,877 for a total of $2,932,757 to ensure completion of phase 2 final design and construction support of the Willow Street Bridge Replacement project.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The Project was adequately covered in previously adopted Final Mitigated Negative Declaration for the Willow Street Bridge Replacement Project and previously certified Categorical Exclusion pursuant to Code of Federal Regulations (CFR) Title 23, Section 771. Thus, no further California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) environmental review or determination is required.
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Environmental Determination
The Director of Development Services has reviewed the proposed action(s) consisting of waiving the consultant selection process and approving a third amendment for additional work to an existing agreement between the City of Chula Vista and a Consulting Engineering Firm for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action(s) and related additional work items were adequately covered in previously adopted Final Mitigated Negative Declaration for the Willow Street Bridge Replacement Project. Pursuant to the California Environmental Quality Act (CEQA) on November 14, 2011 the City, acting as Lead Agency, approved IS-10-006. Thus, no further CEQA environmental review or determination is required. The Director of Development Services has also reviewed the proposal for compliance with the National Environmental Policy Act (NEPA) and has determined that the proposed actions were adequately covered in previously certified Categorical Exclusion pursuant to Code of Federal Regulations (CFR) Title 23, Section 771. Thus, no further NEPA environmental review or determination is required.
BOARD/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The Willow Street Bridge Replacement project includes bridge replacement and improvements to adjacent streets and infrastructure.
The approximate limits of the project are between the intersections of Bonita Road and Sweetwater Road. The existing right-of-way is approximately 100-feet wide, with the bridge in the approximate center. The project requires inter-agency coordination among the City of Chula Vista, the County of San Diego, and the California Department of Transportation (Federal Oversight).
The project construction is being delivered in two (2) phases consisting of water transmission line relocations (CIP# STL384) followed by bridge and roadway construction (CIP# STL261). Notice of Completion for Phase I construction was recorded on December 9, 2015.
To date, staff is satisfied with the quality of the Consultant’s work completed under the agreement. The Consultant and its team have been responsive to City issues and project needs.
Existing Simon Wong Agreement Scope of Work (Resolution No. 2005-210)
The existing scope of work includes the following three (3) phases:
• Preliminary Engineering: design alternative evaluation; environmental documentation; topographical mapping; geotechnical investigation; hydraulic studies; and bridge type selection.
• Final Design: developing required construction-ready plans, specifications, and documents.
• Construction Support: bid support; observing construction; addressing requests for information; and, as-built detailing.
First Agreement Amendment (Resolution No. 2009-014)
The First Amendment provided for the following additional consultant services:
• Additional effort required for Alternative Analysis Report
• Additional design support for the Project Report
• Added seismic & liquefaction analysis to the geotechnical investigation
• Added biological monitoring during the geotechnical investigation
• Added formal bridge type selection process per Caltrans requirements
• Additional hydraulic studies
• Additional Landscape Architectural work and community meetings
• Compliance with revised federal bridge design code
• Increase in civil engineering design due to complexity of roadway improvement
• Include Cost of Living Rate for the term of the contract
Second Agreement Amendment (Resolution No. 2013-059)
The Second Amendment provided for the following additional consultant services:
• Incorporate the approved mitigation measures into the design plans
• Revising plans and specifications to accommodate a multi-phase project
• Address comments from the City of San Diego, Sweetwater Authority, County of San Diego and various City of Chula Vista departments
• Design support during the bidding and construction phases
• Environmental monitoring during construction
• Geotechnical construction observations for final bridge design
• Review of shop drawings & Responses to Requests For Information (RFI)
• As-built plan detailing
Third Agreement Amendment (Proposed)
Additional time and effort is required from the Consultant in order to complete the following work items:
• Address comments from the County of San Diego, Caltrans Structures Local Assistance (SLA), and various City of Chula Vista departments
• Finalize contract documents for bidding
• Design support during the bidding and construction phases over 2 years
• Geotechnical observations of bridge construction through liquefiable soils and high groundwater table
• Responses to Requests For Information (RFI)
• As-built plan detailing
This proposed Third Amendment will provide for the completion of the previously listed work items that were recommended by Caltrans SLA as the final bridge design progressed.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the limits of the project that is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This project supports Strong and Secure Neighborhoods by ensuring sustainable and well-maintained infrastructure to provide safe and appealing communities to live, work, and play.
CURRENT YEAR FISCAL IMPACT
Provided below is a summary of costs for the Third Amendment:
All funds required for these services and bridge improvements have been provided under a grant from the Highway Bridge Program (HBP) and under the City’s Transportation Development Impact Fee (TDIF) program. The HBP will reimburse 88.53% of the eligible costs for construction. The remaining costs will be funded by TDIF. No appropriations are needed as a result of this action as sufficient funding is available in CIP STL261 to cover consultant costs.
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require only routine maintenance.
ATTACHMENTS
1. Kleinfelder, Inc. Amendment No. 3 Request, dated October 6, 2016
2. Third Amendment
3. Consent to Assignment and Novation Agreement Simon Wong Engineering, Inc. to Kleinfelder, Inc., dated December 18, 2014
Staff Contact: Paul Oberbauer, Associate Civil Engineer