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August 8, 2023
ITEM TITLE
Agreement: Approve an Amendment to the Agreement with Moffatt and Nichol to Provide Final Design for the Heritage Road Bridge Replacement Project (STM0386)
Report Number: 23-0202
Location: Heritage Road between Main Street and Entertainment Circle North.
Department: Engineering & Capital Projects
Environmental Notice : The Project was adequately covered in previously adopted Mitigated Negative Declaration (MND) IS -17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any addenda for the Heritage Road Bridge Replacement Project. Under NEPA, the California Department of Transportation (Caltrans) has determined tha t the Project is a Categorical Exclusion under 23 USC 327.
Recommended Action
Adopt the resolution approving the fifth amendment to the agreement with Moffatt and Nichol to increase the agreement amount by $298,454 and extend the agreement term until December 31, 2027 to provide final design plans, specifications, and estimates; advertise the construction contract; and provide construction design support for the Heritage Road Bridge Replacement Project (STM0386).
SUMMARY
The Fifth Amendment to Moffat and Nichol’s (M&N) agreement will provide the required funds, timeline, and services to facilitate and complete final design Plans, Specifications, and Estimates (PS&E), advertise the construction contract, and provid e construction design support for the City’s Heritage Bridge Project (STM0386).
ENVIRONMENTAL REVIEW
The City’s Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any and all addenda for the Heritage Road Bridge Replacement Project. Under NEPA, the California Department of Transportation (Caltrans) has determined P a g e | 2
that the Project is a Categorical Exclusion under 23 USC 327.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The M&N bridge structures team was procured as the lead structural designers for City’s Heritage Bridge Project (STM0386) per City Council Resolution 2011-221 (“Original Agreement”). Alongside the M&N team, the City has developed a Bridge Type Selection Report , which received conditional concurrence by the Caltrans Structures Local Assistance Senior Bridge Engineer who then authorized the team to proceed to final design. The M&N team also includes various subconsultants that are lead designers for the project in river hydraulic design, traffic design, landscape and irrigation, geotechnical engineering, floodplain management, and environmental permitting.
The previously approved amendments to this contract can be summarized as follows:
M&N Agreement Addition/Reduction Total Contract Value Notes Original Agreement - $1,777,421.00 Resolution 2011-221
Amendment 1 + $553,633.00 $2,331,054.00 Resolution 2012-218 Amendment 2 + $1,093,051.04 $3,424,105.04 Resolution 2016-215 Scope Reduction - $300,000 $3,124,105.04 Per Contract Article 1, Section A Amendment 3 + $691,269.00 $3,815,374.04 Resolution 2020-052 Amendment 4 + $207,727.00 $4,023,101.04 Resolution 2021-134 Amendment 5 + $298,454.00 $4,321,555.04 -
With this fifth amendment the project can proceed to final PS& E, secure environmental permits, advertise for construction, and provide construction support when required. The current project schedule anticipates Caltrans review of final plans in fall 2023 and an estimated construction start in fall 2024.
Staff is satisfied with M&N’s performance and responsiveness . In order to maintain continuity, staff recommends that the City Council approve this amendment to increase the agreement by $298,454, to a total maximum amount of $4,321,555.04, and to extend the term of th e agreement for approximately two and a half years to December 30, 2027. These federally participating amounts will provide for the completion of all remaining engineering 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 1,000 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 P a g e | 3
Regulations Title 2, section 18702.2(a)(7) or (8), 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.
CURRENT-YEAR FISCAL IMPACT
Sufficient funds are available in STM0386 to cover the amendment. This amendment is considered grant eligible expenses for the project and will use both Highway Bridge Program (HBP) grant funds ($58,235.03) and local match City Transportation Development Impact Fee (TDIF) funds ($240,674.97). There is no fiscal impact to the City General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact associated with the proposed action as the Heritage Bridge Replacement Project (STM0386) has adequate funding to meet federal local match requirements and complete the design work. Staff wil l return to Council to add additional HBP and TDIF funds when the project is ready for construction.
ATTACHMENTS
Attachment 1 - Fifth Amendment to the Agreement with Moffat and Nichol Attachment 2 - Moffat and Nichol Proposal
Attachment 3 –Plan Title Sheet Heritage Bridge Replacement Project (STM0386)
Staff Contact: David Hicks, Engineering and Capital Projects Rosina Constanza, Engineering and Capital Projects