Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIFTH AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY AND MOFFATT
AND NICHOL TO PROVIDE FINAL DESIGN FOR THE
HERITAGE ROAD BRIDGE REPLACEMENT PROJECT
(STM0386)
WHEREAS, on November 15, 2011, City and Moffat and Nichol (“Consultant”) entered into an Agreement Between the City of Chula Vista and Moffatt and Nichol to Provide Preliminary Engineering, Environmental Documentation and Final Design for the H eritage Road Bridge Replacement Project (“Original Agreement”); and
WHEREAS, on November 20, 2012, City and Consultant entered into a first amendment to the Original Agreement to incorporate into the project widening of Main Street and Heritage Road and in order to comply with federal policies associated with environmental review, such as providing alternative feasible designs, increasing the Original Agreement amount by $533,633, for a new total contract amount of $2,331,054; and
WHEREAS, on November 1, 2016, the City and Consultant entered into a second amendment to the Original Agreement for the additional time and effort required to coordinate and produce the preliminary engineering, and environmental documentation with Caltrans and the Resource Agencies increasing the total contract amount by $1,093,051.04, for a total new contract amount of $3,424,105.04; and
WHEREAS, on March 9, 2018, the City and Consultant having had staffing changes, reduced the scope and fee of Task 2 Final Design decreasing the total contract amount by $300,000, for a new contract total of $3,124,105.04; and
WHEREAS, on March 17, 2020, the City and Consultant entered into a Third Amendment to the Original Agreement to increase the total contract amount by $691,269, for a to tal of $3,815,374.04, so Consultant could complete additional work to meet City’s objectives for replacing Heritage Road Bridge and the widening of Main Street and Heritage Road; and
WHEREAS, on July 13, 2021, the City and Consultant entered into a Fourth Am endment to the Original Agreement to increase the total contract amount to $4,023,101.04 to provide additional funding for the additional time and effort required to prepare environmental documents needed to secure construction permits and complete bridge design due to changes in Caltrans policies; and
WHEREAS, City staff has been satisfied with the Consultant’s performance and responsiveness on the City’s Heritage Bridge Project; and
Resolution No.
WHEREAS, City and Consultant desire to amend the agreement to provide additional time and funding for the effort required to complete final design Plans, Specifications, and Estimates (PS&E), advertise the construction contract, and provide design construction support for the City’s Heritage Bridge Project; and
WHEREAS, Consultant and Staff have proposed $ 298,454 of additional work that will lead to the City’s objectives of replacing Heritage Road Bridge and the widening of Main Street and Heritage Road; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Fifth Amendment to agreement between the City and Moffat and Nichol to provide final design for the Heritage Road Bridge Replacement Project (STM0386) , in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same.
Presented by Approved as to form by
William Valle Jill D.S. Maland
Director of Engineering and Capital Projects Lounsbery Ferguson Altona & Peak Acting City Attorney