Placentia City Council
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: ACTING DIRECTOR OF PUBLIC WORKS
DATE: JULY 16, 2024
AGENDA REPORT
SUBJECT: AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT WITH BIGGS CARDOSA & ASSOCIATES, INC., FOR ENGINEERING DESIGN
SERVICES FOR THE GOLDEN AVENUE BRIDGE REPLACEMENT PROJECT FISCAL
IMPACT: EXPENSE: $ 155,502.00 AMENDMENT NO. 5 TO PROFESSIONAL
SERVICES AGREEMENT
AVAILABLE
BUDGET: $ 2,415.204.16 TOTAL AVAILABLE PROJECT BUDGET
$ 2,200,000.00 FEDERAL EARMARK (331801-6740)
$ 215,204.16 GENERAL FUND DEVELOPER FEE (331801-6740)
SUMMARY:
On January 17, 2017, the City Council approved a contract with Biggs Cardosa Associates, Inc. (Biggs Cardosa) to provide engineering design and environmental permitting services for the Golden Avenue Bridge Replacement Project. Biggs Cardosa completed the design phase of the project in the Fall of 2019.
Since this is a Federally funded project, Biggs Cardosa has been assisting the City in securing all necessary Federal and State regulatory permits through multiple agencies, including the United States Army Corps of Engineers (USACE), Caltrans, Santa Ana Regional Water Quality Control Board, Orange County Flood Control District (OCFCD) and Orange County Public Works (OCPW). In March 2021, the City received word that the Federal Highway Bridge Program was oversubscribed, and the Federal Government has not increased the budget allocation to the program. As such, the funding for the project was pushed to beyond the Fiscal Year (FY) 2025-26 funding cycle. Meanwhile, on May 17, 2021, the City received the final USACE's 404 permit verification letters; however, since the funding earmarked for this project had been exhausted, the City had to put the project on hold until other funding sources could be identified.
In March 2022, Staff was notified that Congress included the Golden Avenue Bridge project in the FY 2023 Federal appropriation bill in the amount of $2.2 million. The City must allocate the Federal earmark funds by June 30, 2025. Unfortunately, the Federal earmark funds are being routed through Caltrans which requires the City to undertake a long, multi -layered approval process before it can solicit bids for construction.
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July 16, 2024
City Council Agenda
July 16, 2024
On September 6, 2022, the City Council approved Addendum No. 4 in the amount of $182,000 which provided additional funding to Biggs Cardosa for re -submitting regulatory documentation that had expired to re -issue permits previously provided by various regulatory agencies as well as preparing all the necessary Caltrans documentation necessary to obtain final approval for construction of the bridge.
Since that time Caltrans indicated that the City's right-of-way procedures did not meet federal funding regulations which ultimately required the City to correct past work and utilize a separate right-of-way consultant. This included hiring a Caltrans -qualified consultant to perform right-of- way and property acquisition services, quitclaiming all previously acquired deeds and to restart the easement acquisition process from the beginning and following FHWA requirements. These corrective actions resulted in Biggs Cardosa having to provide additional services. This Amendment No. 5 reflects those additional services in the amount of $155,502 and will provide additional funding for environmental revalidation, regulatory permitting, right-of-way coordination, project management, utility coordination, and additional design services to update the project documents.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve Amendment No. 5 to the Professional Services Agreement with Biggs Cardosa & Associates, Inc. to increase the contract amount by an additional $155,502 for a total contract not -to -exceed amount of $970,938; and
2. Authorize the City Administrator to approve contract amendments up to 10% of the contract amendment amount, or $15,550.20; and
3. Authorize the City Administrator and/or his designee to execute all the necessary documents, in a form approved by the City Attorney.
DISCUSSION:
The Golden Avenue Bridge over Carbon Canyon Channel was originally built in 1934. The bridge was inspected by Caltrans in 2005 and rated as functionally obsolete. In 2014, a total of $3,087,250 in Federal Highway Bridge Program (HBP) Replacement grant funds were earmarked for replacement of the bridge. The grant funds cover the cost of design and construction. The grant program will reimburse the City up to 88.53% of the total project cost.
On January 17, 2017, the City Council approved a two-year Professional Services Agreement with Biggs Cardosa for Engineering Design and Environmental Permitting Services for the Project.
On November 5, 2019, the City Council then approved Amendment No. 1 for additional Paleontological work required by Caltrans to meet Federal funding guidelines. This amendment also extended the agreement an additional two years. On January 14, 2020, the City Council approved Amendment No. 2 due to additional tasks requested by Caltrans and the Army Corps of Engineers to obtain the needed regulatory permits. Amendment No. 3 was approved under the
City Council Agenda
July 16, 2024
City Administrator's authority on January 26, 2021, to extend the agreement an additional two years to January 26, 2023, with no additional compensation to Biggs Cardosa.
Since then, Biggs Cardosa has successfully completed the design of the Project and assisted the City with securing permits needed from various regulatory agencies involved with the construction of the bridge, including the U.S. Army Corps of Engineers (USACE), Caltrans, Santa Ana Regional Water Quality Control Board, Orange County Flood Control District (OCFCD) and Orange County Public Works (OCPW). Work on the project halted when Caltrans confirmed that the HBP was oversubscribed and that funding for the City's project was pushed beyond Fiscal Year 2025-26.
However, in March 2022, Staff was notified that the project was awarded a separate Congressional Federal Earmark for $2.2 million in the FY 2023 Federal appropriation bill with the funds administered through the Federal Highway Administration. The City must allocate the Federal earmark funds by June 30, 2025. Unfortunately, the Federal earmark funds are being routed through Caltrans which requires the City to undertake a long, multi -layered approval process before it can solicit bids for construction.
On September 6, 2022, City Council approved Amendment No. 4 in the amount of $182,000 which provided additional funding to Biggs Cardosa for re -submitting regulatory documentation that had expired to re -issue permits previously provided by various regulatory agencies as well as preparing all the necessary Caltrans documentation necessary to obtain final approval for construction of the bridge. Additionally, the agreement term was extended another three years to January 26, 2026.
Since that time Caltrans indicated that the City's right-of-way procedures did not meet federal funding regulations which ultimately required the City to correct past work and utilize a separate right-of-way consultant. This included hiring a Caltrans -qualified consultant to perform right-of- way and property acquisition services, quitclaiming all previously acquired deeds and to restart the easement acquisition process from the beginning and following FHWA requirements. These corrective actions resulted in Biggs Cardosa having to provide additional services. This Amendment No. 5 reflects those additional services in the amount of $155,502 and will provide additional funding for environmental revalidation, regulatory permitting, right-of-way coordination, project management, utility coordination, and additional design services to update the project documents.
FISCAL IMPACT:
The recommended actions will approve Amendment No. 5 to the Professional Services Agreement with Biggs Cardosa increasing the contract amount by $155,502. A total of $2,415,204.16 is available in the total project budget including the Federal Earmark of $2.2 million received for the project. As such, sufficient funds exist for the recommended actions.
City Council Agenda
July 16, 2024
Prepared, Reviewed, and Approved by:
Chris Tanio, P.E.
Acting Director of Public Works
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Reviewed and app
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Dir:
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or of Financ
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Damien R. Arrula �>
City Administrator
Attachment:
Amendment No. 5 to PSA with Biggs Cardosa Associates, Inc.