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HomeMy WebLinkAboutItem 09 - Marsh Street Bridge Replacement Easements Department Name: Public Works Cost Center: 5001 For Agenda of: November 19, 2019 Placement: Consent Estimated Time: N/A FROM: Shelly Stanwyck, Assistant City Manager Community Services Prepared By: Michael J. McGuire, Senior Civil Engineer SUBJECT: MARSH STREET BRIDGE REPLACEMENT EASEMENTS, SPECIFICATION NO. 90480 RECOMMENDATION 1. Authorize the City Manager to execute an extension agreement with 1042 Pacific Street, a California General Partnership, for a temporary construction easement at 1042 Pacific Street; and 2. Authorize the City Manager to execute an extension agreement with Charles Zanoli, Surviving Trustee, for a temporary construction easement at 1043 Marsh St.; and 3. Authorize the City Manager to execute an extension agreement with the Maino Family Trusts for temporary construction easements at 1020 & 1080 Marsh St. DISCUSSION Background The Marsh Street Bridge, located near the intersection of Marsh and Santa Rosa Streets, was approved by the City Council in January 2013 for removal and replacement. This followed a determination by the California Department of Transportation (Caltrans) that the bridge, built in 1909, is structurally deficient. The City also contracted with Dokken Engineering to conduct a bridge assessment to evaluate that determination. This assessment concluded that a complete replacement of the existing bridge was the most prudent and cost-effective alternative given the age of the structure. Dokken Engineering began the design process for a replacement bridge at the start of 2013 and has proceeded with development of the plans, specifications and construction cost estimate for the bridge, which are nearly complete. Dokken has also nearly completed the environmental permitting process, along with the City Council adoption of the Final Environmental Impact Report (FEIR) for the Marsh Street Bridge Replacement project on May 2, 2017. Item 9 Packet Page 47 Temporary Construction Easements One of the most critical components for the Marsh Street Bridge Replacement project is obtaining the Temporary Construction Easements (TCEs) from the property owners adjacent to the bridge. The TCEs are necessary for equipment access to San Luis Obispo Creek to conduct construction activities within the creek as well as to provide a staging and equipment area for the bridge contractor and provide vehicular and emergency access for a medical services business adjacent to the bridge. There are also permanent easements necessary from two of the adjacent property owners for construction of a wing wall for the bridge. The TCEs and permanent easements were required for obtaining clearance from Caltrans to enter the construction phase and were obtained on April 18, 2019. Completion of this phase resulted in the release of the Highway Bridge Program (HBP) grant funds for construction and will allow advertising the project for construction bidding, with the award of the project to a responsive and responsible bridge contractor and provide for construction of the bridge. The construction of the Marsh Street Bridge is anticipated to start in Spring 2020. The City Council authorized TCE agreements with the property owners on August 21, 2018 and these agreements were fully enacted in November 2018. These agreements were in effect for 12 - months, as construction was anticipated to start in March of this year (2019). Due to delays in obtaining clearance to proceed with the construction phase and the brief federal government shutdown, construction could not start and with this timing change the City is now required to obtain 12 to 14-month extensions of the TCE’s so that construction can begin in 2020. The Four Properties Requiring Temporary Construction Easement Extensions As previously conveyed to Council, there are four parcels of property adjacent to the Marsh Street Bridge that require TCEs in order for the replacement project to go forward. Hamner Jewell & Associates, one of the City’s on-call consultants for right of way acquisition, has researched the parcels based on fair market values, conferred and negotiated with the owners (with approval by the City Council to make the offers on January 9, 2018) and prepared agreements for the easement acquisitions. All easement acquisitions are based on negotiations with the owners and valued for the temporary use of the property by the City, loss of use by the owner and special considerations mentioned below. Also, the offers take into account the duration of the TCE, which went into effect when Caltrans certified the right of way acquisitions and extend to an additional two months beyond the anticipated construction time. The TCEs extensions are for a 12 to 14-month period. The property at 1042 Pacific Street, a commercial office building with multiple tenants, requires a temporary easement through the property’s parking lot to provide patient and emergency vehicle access to the DaVita Dialysis Center. The negotiated agreement with the owners is $9,800 (Attachment A). Item 9 Packet Page 48 1043 Marsh Street, site of the DaVita Dialysis Center, will lose the entrance/exit to their parking lot for the duration of construction. Given the critical nature of the services provided by DaVita to the community, access to the Center is a top priority during construction. Also, construction activities will be closely monitored to have little or no impact to the day -to-day operations of the Center. The negotiated agreement with the owner for loss of use of entrance and parking stalls, occasional utility shutdowns and property restoration is $9,200 (Attachment B). Two properties, 1020 & 1080 Marsh Street, are owned by several family trusts. These properties require TCEs for accessibility to the creek bed and the area of construction work. The negotiated extension agreement for 1020 Marsh Street and 1080 Marsh Street is $127,000 (Attachment C). The offer for 1080 Marsh Street also includes the loss of 20 leased parking stalls and the replacement of the parking lot after construction is completed. Previous Council Action On September 17, 2019, the City Council approved staff to advertise the project for construction bids and authorized the City Manager to award a construction contract to the lowest responsible bidder. On July 16, 2019, the City Council approved a Request for Proposals and authorized staff to advertise for Construction Management Services for the project. On October 16, 2018, the City Council appropriated an additional $1,406,160 in grant funding to match the total project amount allocated by Caltrans. On August 21, 2018, the City Council approved the Temporary Construction and Permanent Easement Agreements with the property owners adjacent to the Marsh Street Bridge. On January 9, 2018, the City Council, in closed session, authorized staff to enter into property acquisition negotiations with the properties adjacent to the Marsh Street Bridge. On May 2, 2017, the City Council approved adoption of the Final Environmental Impact Report. On January 22, 2013, the City Council approved the replacement of the Marsh Street Bridge. Policy Context As the original easements were approved by the City Council, and the bridge replacement continues to be a high City priority, staff requests the Council approve the easement extensions so that construction can start in 2020. Public Engagement The bridge replacement was identified and included in the 2015-17 Financial Plan and identified as a Council Goal. Item 9 Packet Page 49 CONCURRENCE The extensions have the concurrence of the trustees and owners of the four properties involved in the right of way acquisition activities. ENVIRONMENTAL REVIEW The City Council approved adoption of the Final Environmental Impact Report (FEIR) on May 2, 2017. In addition to National Environmental Policy Act (NEPA) approval with the FEIR, environmental permitting should be completed by December 2019 with the Department of Fish & Wildlife, the Regional Water Quality Control Board, the Army Corps of Engineers and the State Historic Preservation Office. FISCAL IMPACT Budgeted: Yes Budget Year: 2019-20 Funding Identified: Yes Fiscal Analysis: Property Address Easement Acquisition 1042 Pacific Street $9,800 1043 Marsh Street $9,200 1020/1080 Marsh St. $127,000 TOTAL $146,000 The project was approved as part of the 2015-17 Financial Plan. Currently, there is $6,336,050 available in the project budget, which is sufficient to fully fund the total costs of right of way acquisitions and consultant fees and does not impact the anticipated costs for the construction phase. This project is 89% funded by the HBP grant funding with a 11% City Local Revenue Measure match. The TCEs have been agreed to, but not yet funded; as described above, this would fund the TCEs as proposed to be extended. ALTERNATIVE Deny executing the contracts. The City Council could choose to not authorize the extension easements. Staff does not recommend this alternative. The City would be unable to proceed with the construction phase. Construction would be delayed until 2021 and the acquisition of easements would most likely need to be renegotiated with increased cost amounts, along with increased appraisal and consultant fees. Item 9 Packet Page 50 Attachments: a - COUNCIL READING FILE - Agreement with 1042 Pacific Street b - COUNCIL READING FILE - Agreement with Charles Zanoli for 1043 Marsh Street c - COUNCIL READING FILE - Agreement with Maino Properties for 1020 & 1080 Marsh Street Item 9 Packet Page 51 Page intentionally left blank. Item 9 Packet Page 52