TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Approve Amendment No. 2 to the Professional Services Agreement with Ruth Villalobos & Associates, Inc. for Section 408 permit acquisition and other related regulatory permitting services associated with the Pine Ave Improvement Project (ST203).
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RECOMMENDATION
1) Appropriate $45,000 to the Transportation Fund with a corresponding year-end transfer in the same amount from the Preserve Bridges, Signals, & Thoroughfares Development Impact Fee Fund (Fund 260); 2) increase the project budget for the Pine Avenue Improvement Project (ST203) by $45,000 for a new total project budget of $7,112,349.47; 3) approve amendment No. 2 for $45,000 to the Professional Services Agreement with Ruth Villalobos & Associates, Inc. (Agreement No. 2024-154), for Section 408 permit acquisition and other related regulatory permitting services associated with the Pine Avenue Improvement Project for a total contract amount not to exceed $247,797; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.
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FISCAL IMPACT
Requires an appropriation of $45,000 to the Transportation Fund 320 with a corresponding year-end transfer in the same amount from The Preserve Bridges/Streets/Thoroughfares Development Impact Fee Fund (Fund 260). Project budget for ST203 will also increase by $45,000 for a revised total project budget of $7,112,349.47. There are sufficient reserves in Fund 260 for this action.
TOTAL PROJECT BUDGET - ST203 |
Funding Source |
Adopted Budget |
Additional Appropriation |
Revised Project Budget |
Fund 320 - Transportation Fund* |
$3,732,165.00 |
$45,000.00 |
$3,777,165.00 |
Fund 327 - Road Maintenance & Rehabilitation Fund |
$84,050.00 |
$0 |
$84,050.00 |
Fund 100 - General Fund |
$3,251,134.47 |
$0 |
$3,251,134.47 |
Grand Totals: |
$7,067,349.47 |
$45,000.00 |
$7,112,349.47 |
*Fund 320 and Fund 100 are being backfilled from the Preserve Bridges/Signals/Thoroughfares Development Impact Fee Fund (Fund 260)
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
Revenue: Click or tap here to enter text. |
Expenditure: 3207100 - 40010 - ST203 |
Transfer In: 3201000-50000 |
Transfer Out: 2601000-40001 |
BACKGROUND
The Pine Avenue Improvements Project Stage 3 component consists of public improvements along Pine Avenue between Rincon Meadows and Meadowhouse Avenue in The Preserve Development. The main objective of these improvements is to increase the capacity of this segment of Pine Avenue by widening the roadway to accommodate four travel lanes. Additionally, the project includes raising the roadway grade to eliminate the existing dip and constructing a new storm drain crossing. Proposed improvements will elevate the roadway above the 50-year flood inundation elevation and alleviate the traffic bottleneck along the east-west regional corridor that serves as a major thoroughfare.
In 2014, the City issued Conditions of Approval (COA) to Chino Preserve Development Corporation (“Lewis”) for Tract Map No. 18480, also known as the Harvest project. This project consists of a 600-unit residential development located at the northwest corner of Pine and Hellman Avenues. The COA for the Harvest project included the construction of the Stage 3 improvements and required Lewis to complete these improvements within one year after the City secured all necessary jurisdictional approvals for Stage 3.
The City has approved the final design plans for Stage 3; however, the permitting process is still ongoing with the Orange County Flood Control District and the U.S. Army Corps of Engineers (USACE). Under the USACE Section 408 program, a permit is required because raising the roadway between Rincon Meadows and Meadowhouse will alter the existing flood protection area in The Preserve Development, which is under the jurisdiction of the USACE. The permitting process under the Section 408 program is expected to take approximately 8-10 months.
City staff does not have extensive experience nor sufficient staffing resources with obtaining approvals from the USACE. As a result, the City sought proposals through Planet Bids (RFP 2023-8006) and selected Ruth Villalobos & Associates, Inc. (RVA) as the most responsive and responsible bidder, based on their experience with permitting and their past work with the City. On November 7, 2023, the City Council approved a Professional Services Agreement with RVA for an amount not to exceed $187,797.
In September 2024, the City Manager approved a first amendment to the Professional Services Agreement at RVA’s request, adding $15,000 to the contract, bringing the total contract amount to $202,797. These additional funds were needed to cover the costs of cultural and biological field surveys, which were not initially anticipated but were determined to be essential for obtaining the required jurisdictional approvals.
ISSUES/ANALYSIS
City staff has been actively working with RVA and Lewis to secure all the necessary approvals for the Stage 3 segment of the project. The current schedule expects all required permits to be obtained by Spring of 2025, thus allowing Lewis to begin construction as early as Summer 2025. However, the amount of time RVA staff has spent coordinating with Lewis Development, the Army Corp of Engineers, California Department of Fish & Wildlife, and the California Regional Water Quality Control Board to obtain the approvals has exceeded what was initially anticipated in their scope of work. As a result, RVA has projected that an additional $45,000 will be required to complete all tasks outlined in their original scope of work.
City Agreement 2024-154 |
Amount |
Original Agreement Amount |
$187,797.00 |
Amendment No. 1 |
$15,000.00 |
Amendment No. 2 |
$45,000.00 |
Agreement Total: |
$247,797.00 |
Therefore, staff recommends the City Council approve a second amendment to the professional services agreement (2024-154) with RVA for $45,000 for Section 408 permit acquisition and other related regulatory permitting services associated with the Pine Ave Improvements Project Stage 3 component for a total contract amount not to exceed $247,797.
Attachment: Exhibit A - PSA Amendment No. 2