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Home My WebLink About25H - AGMT - RIGHT OF WAY SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE; AMENDMENT TO THE AGREEMENTS WITH EPIC LAND SOLUTIONS AND OVERLAND, PACIFIC & CUTLER FOR RIGHT -OF -WAY SERVICES (NONGENERAL FUND) {STRATEGIC PLAN NO. 6�, 1G} CITY MANAGE RECOMMENDED ACTION 1114J:H1 &410111k1[aIR11Ax91k1l F El As Recommended ❑ As Amended ® Ordinance on 1't Reading Ordinance on 2n6 Reading ❑ Implementing Resolution (] Set Public Hearing For CONTINUED TO FILE NUMBER 1) Authorize the City Manager and Clerk of the Council to amend the agreement with Epic Land Solutions to provide additional right -of -way services in the amount of $100,000, for a revised total contract amount not to exceed $400,000, with no change to the August 5, 2018, expiration date subject to nonsubstantive changes approved by the City Manager and City Attorney. 2) Authorize the City Manager and Clerk of the Council to amend the agreement with Overland, Pacific & Cutler to provide additional right -of -way services in the amount of $150,000, for a revised total contract amount not to exceed $450,000, with no change to the August 5, 2018, expiration date subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On August 4, 2015, the City entered into on -call agreements with Epic Land Solutions and Overland, Pacific & Cutler (OPC). These services are utilized to support City staff in the right -of -way acquisition and relocation for projects in the Capital Improvement Program, including Bristol Street Improvements from Civic Center Drive to Washington Avenue (Phase IIIA), Bristol Street Improvements from Washington Avenue to Seventeenth Street (Phase 1116), Bristol Street Improvements from Warner Avenue to Saint Andrew Place (Phase IV), Warner Avenue Widening from Main Street to Grand Avenue, and Grand Avenue Widening from Fourth Street to Seventeenth Street. On Bristol Street, the right -of -way acquisition process for Phases IIIA and IV began in August 2015. The services of both Epic Land Solutions and OPC are being used to complete the acquisition of 49 residential and 22 commercial properties. The first step in the acquisition process is to obtain appraisals to establish fair compensation for each property. While performing the site inspections, the appraisers identified nine additional commercial tenants, which were not part of the original scope. To ensure each of these newly identified businesses are relocated in a fair and equitable manner, additional resources need to be allocated from both consultants. Also, as part of the on -call services being provided by OPC, they are assisting the City with a few other projects. Since September 2015, they have been working on the Bristol Phase 1116 and assisting with the remaining property acquisitions and relocations, including the Bristol Coalition. They are also assisting 25H -1 Amendment to Agreement with Epic Land Solutions and Overland, Pacific & Cutler for Right -Of -Way Services January 19, 2016 Page 2 with a claim by one of the businesses relocated as part of the Grand Avenue Widening between First and Fourth Streets. These additional tasks were not envisioned in the original amount and an associated increase for OPC is reflected in this amendment. The recommended approval of the amendments with Epic Land Solutions and OPC will cover ongoing projects and further utilize these on -call agreements for the remainder of the three -year term (Exhibits 1 & 2). The following table shows the original agreement amount, along with the requested increase. The increases also include a 10 percent contingency to ensure that any additional right -of -way costs are accounted for. Acquisition and Relocation Services Firm Original Agreement Amount Requested increase Total Amount Epic Land Solutions $300,000 $100,000 $400,000 Overland, Pacific & Cutler $300,000 $150,000 $450,000 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT On -call agreements are utilized based on the City's approved Capital Improvement Program budgets. Funding will be verified for each task order prior to issuance of the notice -to- proceed. IS Public Works Agency FM /EWG /JG /ML APPROVED AS TO FUNDS AND ACCOUNTS: 73% � Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. First Amendment to Agreement with Epic Land Solutions 2. First Amendment to Agreement with Overland, Pacific & Cutler 25H -2 FIRST AMENDMENT TO CONSULTANT AGREEMENT WITH EPIC LAND SOLUTIONS THIS FIRST AMENDMENT TO AGREEMENT is entered into this 26+',e 1aAt (,/,Z0C by and between Epic Land Solutions, hie. ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation duty organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS A. On August 5, 2015, the City entered into Agreement #A- 2015 -161 with Epic Land Solutions, Inc. to provide acquisition and relocation services for the term of three years. B. In accordance with the terms and conditions of the Agreement, the parties desire to amend the compensation of the Agreement, THE PARTIES THEREFORE AGREE: Section 2, COMPENSATION, shall be amended to increase compensation in the amount not to exceed $400,000.00 during the term of this agreement. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney y: JOSE SANDO1L Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT FRED MOUSAVIPOUR, P.E. By: Executive Director of Title: Public Works Agency Exhibit 1 25H -3 FIRST AMENDMENT TO CONSULTANT AGREEMENT WITH OVERLAND PACIFIC AND CUTLER THIS FIRST AMENDMENT TO AGREEMENT is entered into this 7 r by and between Overland, Pacific and Cutler, Inc. ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS A. On August 5, 2015, the City entered into Agreement #A- 2015 -162 with Overland Pacific and Cutler, hie. to provide acquisition and relocation services for the tern of three years. B. In accordance with the terns and conditions of the Agreement, the parties desire to amend the compensation of the Agreement. THE PARTIES THEREFORE AGREE: Section 2, COMPENSATION, shall be amended to provide that the total sum to be expended under this Agreement shall not exceed $450,000.00 during the term of this agreement. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: ;9;: orney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR, P.E. Executive Director of Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT By: Title: Exhibit 2 25H -4