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RESOLUTION NO. 2016-215 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MOFFATT AND NICHOL, TO PROVIDE PRELIMINARY ENGINEERING, ENVIRONMENTAL DOCUMENTATION AND FINAL DESIGN FOR THE HERITAGE ROAD BRIDGE REPLACEMENT PROJECT; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
On November 15, 2011, the City Council approved the agreement with Moffatt and Nichol for preliminary engineering, environmental documentation and final design for the Heritage Road Bridge Replacement Project; and on November 20, 2012, the City Council approved the First Amendment to the agreement due predominantly to an increased study area required for Preliminary Engineering (PE) and environmental studies. Since approval of the first amendment additional efforts were made to obtain eligibility in the Federal Highway Bridge Program (HBP) and obtaining Environmental Clearance. The HBP will reimburse the City for 88.53% of the participating project costs. The Second Amendment will provide the required funds necessary to facilitate completion of PE and Final Design and obtain Environmental Clearance for the Heritage Road Bridge Replacement Project (see Attachment 1).
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3) no environmental review is required.
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Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the approval of an amendment to an existing agreement is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because said action will not result in direct or indirect physical changes to the environment. Therefore, pursuant to Section 15060(c) (3) of the State CEQA Guidelines the waiving of the consultant selection process and the approval of the agreement amendment is not subject to CEQA. Thus, no environmental review is required at this time. Although the proposed activity will not require environmental review, the proposed project, consisting of the replacement of the existing Heritage Road Bridge over the Otay River valley, will require that the appropriate environmental document be prepared pursuant to CEQA Guidelines. Since it is anticipated that the project will be recipient of federal funding, it will also be necessary that the appropriate environmental document be prepared in accordance with the National Environmental Policy Act (NEPA). The anticipated environmental documents, based on a similar recently completed project, are a "Routine Categorical Exclusion" for NEPA and an "Initial Study" for CEQA, leading to a Mitigated Negative Declaration.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The existing 82 feet-long by 52 feet-wide Heritage Road Bridge was constructed in 1993 as an interim timber-deck facility over the Otay River. Heritage Road Bridge replaced pipe culverts washed out by a severe storm in 1992 that created a road closure. The interim bridge has an inadequate approach and does not accommodate a 100-year storm event, existing peak event traffic, pedestrians or cyclists. Chula Vista’s General Plan indicates that Heritage Road is planned as a six-lane major arterial between Olympic Parkway and the City’s boundary with the City of San Diego. As Chula Vista’s eastern areas and San Diego’s Otay Mesa area develop, there will be a need for a wider bridge that accommodates a 100-year storm event and projected traffic.
City Staff completed a “Project Study Report” in March 2010, initiated the “Preliminary Environmental Studies” and solicited a “Request for Qualifications” for Consultant Bridge Design and Environmental Services in September 2010. Subsequently, the City entered into an agreement with Moffatt and Nichol to provide Preliminary Engineering, Final Design and Environmental Documentation for the Heritage Road Bridge (Per Council Resolution 2011-221).
During the Environmental Studies and Preliminary Design phase, it was determined that the future widening of Main Street to the west and Heritage Road to the south, would impact the ultimate configuration of the bridge. This required increasing the area being studied for environmental clearance and design. The Moffatt and Nichol agreement was amended to include the additional areas of impact (Per Council Resolution 2012-218).
In 2014 the City applied and received approval for Federal Highway Bridge Program (HBP) funding that provides for reimbursement of 88.53% of the participating costs. Initially, the project was only scoped and eligible for bridge rehabilitation. During the Preliminary Design phase alternative analysis determined that it was not cost effective to rehabilitate the bridge and that full replacement was the preferred alternative. The City resubmitted and obtained approval from Caltrans for bridge replacement and HBP funding.
Currently, the design is at 30% and all the Environmental Studies have been completed. Federal and State Environmental Clearance is expected by early 2017. The change in scope to Bridge Replacement required additional effort in preparing and processing bridge design alternatives through Caltrans iterative review procedures in order to determine the optimal bridge design. Additionally, fulfilling the Federal HBP process and completing Resource Agency requirements (NEPA &CEQA) for Environmental Studies and Clearance has required additional time and effort.
Staff has been satisfied with Moffatt and Nichol's performance and responsiveness. In order to maintain continuity, staff recommends that the City Council approve this amendment to increase the agreement by $1,093,051 to a total maximum amount of $3,424,105. This should provide for the completion of all remaining engineering, environmental and design work as well as design support during project construction.
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 boundaries of the property which 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
This project supports the Economic Vitality goal as it provides infrastructure that supports development of quality master-planned communities and provides connections between communities.
CURRENT YEAR FISCAL IMPACT
Sufficient funds are available in the CIP (STM386) project balance to fund the consultant and staff services required to complete the bridge design and associated environmental clearance work. Additional Federal funds are available through the HBP as needed and justified.
The following summarizes the proposed total consultant agreement amount for the scope of services in the original Agreement, the 1st amendment and the proposed 2nd Amendment.
CONTRACT AND AMENDMENT AMOUNTS
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ORIGINAL AGREEMENT |
AMENDMENT NO. 1 |
AMENDMENT NO. 2 |
TOTALS |
|
TASK 1 PE & ENVIRONMENTAL CLEARANCE |
$865,306 |
$272,682 |
$758,590 |
$1,896,578 |
|
TASK 2 FINAL DESIGN |
$847,813 |
$251,000 |
$334,461 |
$1,433,274 |
|
TASK 3 CONSTRUCTION SUPPORT |
$64,302 |
$29,951 |
$0.00 |
$94,523 |
|
PROJECT TOTALS |
$1,777,421 |
$553,633 |
$1,093,051 |
$3,424,105 |
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact associated with the proposed action as the project account has adequate funding to complete the design and environmental work.
In addition to the HBP, the local match funding for construction will come from Chula Vista TDIF Funded projects. Portions of these projects, within the project’s study area, will be constructed as part of this project thus enabling portions of their respective TDIF funding to be spent on this project to cover the local match.
Additionally, the City of San Diego has programed $1,000,000 into the Otay Mesa Public Facilities Financing Plan (FY2014) to fund a portion of the bridge construction costs. It is expected that prior to construction, a formal agreement will be made between the Cities of Chula Vista and San Diego, to split the cost (50/50) of the local match (11.47%) for the construction costs.
ATTACHMENTS:
Attachment 1 - Second Amendment to the Agreement
Attachment 2 - Financial Summary
Staff Contact: Mario Ingrasci, Ext. 5476
Jose Luis Gomez, Ext. 2301