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Home My WebLink AboutC30140 CA1 Addtl Envrnmntl Clearance Svcs Prjct 707-07Contract No. C30140 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C30140 WITH TY LIN INTERNATIONAL FOR ADDITIONAL ENVIRONMENTAL CLEARANCE SERVICES FOR THE MID - VALLEY BIKE PATH PROJECT (PROJECT NO. 707-07) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: TY Lin International 404 Camino del Rio South, Suite 700 San Diego, CA 92108 DATE: April 28, 2016 CONTENTS: Amendment No. 1 TY Lin International Request for Additional Funding. Vicinity Map Recommendation By Minute Motion: 1. Approve Amendment No. 1 to Contract No. C30140 with TY Lin International in the amount of $87,000 for additional environmental clearance services for the Mid -Valley Bike Path Project (Project No. 707-07); and 2. Authorize the Mayor to execute the amendment. Funding is available for this project in Account No. 4004544-4400100, Capital Project Reserve Fund. Strategic Plan Obiective The proposed action will further the goals of the strategic plan by de-emphasizing the use of single/low occupancy vehicles while optimizing alternative modes of transportation. Background In November 2007, the City was awarded CMAQ grant funds for the Mid -Valley Bike Path in the amount of $3 million. The proposed Mid -Valley Bike Path consists of Staff Report Amendment No. 1 to TY LIN International (Project No. 707-07) Page 2 of 2 April 28, 2016 approximately 6.5 miles of Class I bicycle path along the City's northern limits adjacent to the Union Pacific Railroad (UPRR). In September 2008, Council awarded the preliminary alignment study for the bike path. The alignment study was completed and approved. In August 2010, Council awarded the contract for the design and the environmental study for the bike path to TY Lin international. The contract includes 30 percent complete design plans and the environmental approval through Caltrans. In November 2013, Caltrans reviewed the PES for the project and requested that our consultant perform a Historical Resources Evaluation Report (HRER). The consultant did not budget for this report and requested more funding; however, no additional funding was authorized. The consultant was directed to perform the additional work at their own expense. On January 8, 2016, Caltrans provided substantial comments from their first review of the draft Historic Property Survey Report (HPSR). These comments expanded significantly the HPSR, HRER and Archeological Survey Report (ASR). TY Lin International is not able to absorb the additional cost to complete the additional surveys and additional work necessary to complete the environmental report. Fiscal Analysis The City is using Capital Project Reserve to fund the design and environmental studies. The project is underfunded; however, the CMAQ grant funds of $3 million will offset the expected cost of $8410 million for the construction and right-of-way phases. Funding is available for Amendment No. 1 in Account No. 4004544-4400100, Capital Project Reserve Fund. Prepared By: J l I\jontalvo, P.E, Senior Engineer 0)04� Paul S. Gibson, Director of Finance Approval: John . Wohlmuth City Manager er Depa Mark Gr*4 ood, P.E. Director of Public Work CITY OF PALM DESERT PROFESSIONAL SERVICE AMENDMENT Contract Purpose Mid -Valley Bike Path Project -Additional Environmental Services Consultant's Name TY Lin International Address: 404 Camino del Rio South, Suite 700 San Diego, CA 92108 Contract # / P.O. a C30140 017270 Amendment No. I 1 Contingency: YES NO Account No. 4004544-4400100 You are hereby requested to comply with the following changes to the contract: DESCRIPTION OF CHANGE 1. Additional Environmental services include: Additional studies for the Historic Property Survey Report, Historical Resources Evaluation Report, and the Archeological Survey Report. TOTALS: NET CHANGE IN CONTRACT PRICE: JUSTIFICATION: Project No. 1707-07 Vendor No. 1 12490 DECREASE In Contract Price INCREASE In Contract Price $87,000.00 $87,000.00 $87,000.00 Caltrans review of the draft studies has caused the need for additional studies above and beyond the original scope. The consultant attempted to work within the original budget but is unable to absorb the cost required to perform the additional work. TOTAL BUDGET FOR PROJECT: + $413,245.00 CONTINGENCY: Less: Expend. & Encumb. To Date: - $326,245.00 Amount Approved by Council: + Less: This Change Order Amount - $87,000.00 Less: Prior Change Order(s): - BALANCE OF BUDGET Less: This Change Order: - REMAINING FOR PROJECT: $0.00 Balance Remaining of Contingency: $ - The amount of the Contract will be increased by the Sum of: Eighty Seven Thousand Dollars ($87,000.00). Continued on reverse ... Contract C30140 Amendment No. 1 Continued from front This Professional Service Amendment covers changes to the subject contract as described herein. The Consultant shall perform all work as necessary or required to complete the Professional Service Amendment items for a not -to - exceed price agreed upon between the Consultant and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension: None Days. Revised Contract Total $ 413,245.00. The undersigned Consultant approves the foregoing Professional Service Amendment # 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Professional Service Amendment # 1. The Consultant agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Professional Service Amendment items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Professional Service Amendment shall be effective when approved by the Owner. Execution of this Professional Service Amendment by the Consultant constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Professional Service Amendment, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss of productivity, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included above must have required signatures as per the purchase resolution. 3 REQUESTED BY: CERTIFIED FUNDS AVAILABLE: DEPARTMENT HEAD FINANCE DIRECTOR NOTE: No payments will be made prior to City Manager and Council approval 2. ACCEPTED BY: CONSULTANT Date Accepted 4. APPROVED BY: ROBERT A. SPIEGEL, MAYOR Date Approved CITY MANAGER Date Approved Continued on reverse TYILININTERNATIONAL March 7, 2016 Joel Montalvo, P.E. City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 RE: Budget Modification Request for Additional Tasks Required for the Historic Property Survey Report and Completion of the Initial Study / Mitigated Negative Declaration, Mid -Valley Bike Path Project, City of Palm Desert Dear Mr. Montalvo, The T.Y. Lin International project team is submitting this budget augment request for $87,000 to cover the unanticipated effort for completing the Historic Property Survey Report (HPSR) and the Initial Study / Mitigated Negative Declaration. The cultural resources work is required primarily due to Caltrans' unanticipated request for evaluation of the segment of Union Pacific Railroad (UP) and associated archaeological resources and the continued development of the project's area of potential effects (APE) during the course of the cultural resource studies. This effort has necessitated protracted coordination with Caltrans and UP. Backeround: The project team's environmental scope of work and budget estimate were based upon negative findings for cultural resources (i.e., no resources requiring evaluation would be identified within the APE). During the course of Caltrans' review of the Preliminary Environmental Studies (PES) form in November 2013, it was determined that, due to the project's proximity to a segment of UP right-of-way (a documented historic period built -environment cultural resource), an evaluation of the resource would be necessary, requiring a Historical Resources Evaluation Report (HRER) and supporting resource documentation. The HRER was not included in the original scope of work and the team approached the City for direction. At the time, the City requested that the HRER be completed within the original budget allocated for the project since additional funding for the project was not available. The team elected to undertake them based on an assumption that the additional work would come at minimal cost and under the anticipation that no culturally significant items would be found. however, current Caltrans requests will drive up the costs associated with the out -of --scope HRER beyond what the project team can absorb. The following scope of work is broken down into tasks already completed for the first draft of the I IRER, HPSR, and ASE for background information and the anticipated additional work required to respond for response to Caltrans' comments on the first draft HRER, HPSR, and ASR. Comnleted Out -of -Scone Tasks Task 1: Protracted Coordination. A substantial amount of unanticipated effort from November of 2013 to September 2015 (22 months) was spent on protracted coordination with Caltrans and UP regarding cultural resources issues such as response to comments on the PES associated with the UP property, meetings with Caltrans regarding the additional cultural studies, securing an access permit to the UP property, and scheduling access to the UP right-of-way. Task 2: Definition of APE/Production of APE Map. The original scope of work anticipated that the APE would include minimal portions of the UP right-of-way near the overcrossing structures. Since these areas were already considered "disturbed", extensive documentation and inclusion into the APE was not considered significant. During the preparation of the APE, comments received from Caltrans expanded the size of the potential APE to include the entire UP right-of-way in the vicinity of the project. This expansion of the APE map required additional work outside of the anticipated scope for the environmental studies, including the need for the HRER and UP property evaluation. An Affirmative Action / Equal Opportunity Employer M/F/DN 404 Camino del Rio South, Suite 700 1 San Diego, California 92108 1 T 619.692.1920 1 F 619.692.0634 1 www.tylin.com TYLIN INTERNATIONAL Task 3: Preparation/Submission of Union Pacific ROW Access Permit. Substantial unanticipated effort was spent preparing and submitting forms and associated documentation and arranging insurance certification required for the UP access permit necessary for the cultural survey in the railroad right-of-way. They City of Palm Desert provided the permit fees for the UP encroachment permit. Task 4: Site Visit and Meeting. Prior to completion of the UP property survey, Caltrans required a pre - survey site visit and meeting to determine the extent of the APE and finalize the scope of work. Task S: Documentation of Archaeological Resources. Caltrans required supplemental documentation of three previously documented resources and primary documentation of two previously unrecorded archaeological resources. Task 6: Evaluation of Railroad Segment. Caltrans required evaluation of the railroad segment, supplemental resource documentation, and the associated HRER. Task 7: Archaeological Survey Report (Positive Results). As a result of Caltrans' comments, a description of the archaeological resources and a substantial expansion of the Archaeological Survey Report (ASR) were required. Task 8: historic Property Survey Report (Positive Results). As a result of Caltrans' comments, description of the historic property and a substantial expansion of the HPSR was required. Tasks I through 8 described above have been completed using the existing project budget and were not factored into the request for additional budget. The inclusion of these items has been completed without a budget augment. Pendin Out -of -Scone Tasks The project team has worked closely with Caltrans in a good -faith effort to address the expanded cultural resources scope efficiently and at minimal cost. However, these efforts (which included attempts to limit evaluation of resources to the railroad segment) were not entirely successful as Caltrans has further expanded the scope of work to include evaluation of all the archaeological resources within the project APE in its comments on the first draft HPSR. The additional cultural resources task and remaining CEQA work are noted in the task list below. Please Note: The scope of work and estimate for response to comments on the HPSR below is contingent upon continuity of the project team's current approach and of neither Caltrans nor the State Historic Preservation Office (SI IPO) ultimately finding the railroad segment National Register (NR) eligible or requiring Extended Phase I (XPI) excavation testing for evaluation of any of the archaeological resources (both mentioned as potential requirements in Caltrans' comments). In the event the railroad is found NR eligible, it would likely result in a Finding of Effect (FOE; cost unknown) and an XPI for the archaeological resources would cost at least an additional $30,000. Task 9: Responses to Caltrans Comments. Response to Caltrans' 54 comments on the first draft HPSR based upon the project team's current approach will include the evaluation of all four of the archaeological resources within the .APE, a substantial expansion of the HPSR, HRER, and ASR reports, and supporting resource documentation. It is estimated this will required 400 additional hours including two additional review cycles. Task 10: Administrative Draft ISXWND. [update the Draft IS/MND to incorporate the additional and revised cultural reports. An Affirmative Action / Equal Opportunity Employer M/F/D/V 404 Camino del Rio South, Suite 700 1 San Diego, California 92108 1 T 619.692.1920 1 F 619.692.0634 I www.tylin.com T1(LININTERNATIONAL Task 11: Public Review Draft IS/MND. The project team assumes responding to one round of City comments on the Administrative Draft IS/MND. This task includes expenses such as copying and travel for a meeting with City staff. Task 12: Additional Responses to Comments, Final IS/MND, MMRP. The project team has anticipated a higher than average potential for public comments given the high profile of non -motorized transportation projects in the Coachella Valley as well as the added documentation of the UP property as a cultural resource. Task 13: Project Management. The original scope assumed a project schedule of eighteen (18) months. However the project has extended to 36 months, from the project restart in 2013 to present day. This budget modification request includes Project Management for an additional 8 months. Additional Budget Reauest Below is a breakdown of the additional budget requested per task described above. Additional Budget Requested Per Task: Task I through 8 No additional Budget Requested. Task 9 S40,000.00 Task 10 $14,000.00 Task 11 $16,000.00 Task 12 $12,000.00 Task 13 $5,000.00 Below is a breakdown of the existing budget, budget status, and a summary of the requested budget augment. Budget Summary: Original Project Budget Budget Expended to Date Budget Remaining Budget Augment Requested New Project Budget New Budget Remaining $326,245.00 $293,620.50 $33,624.50 S87,000.00 (see breakdown above) $413,245.00 $120,624.50 Please review this budget augment request and provide the project team with direction on how to proceed with the project. If you should have any questions, please contact me at or by telephone at (619) 908-3338. Sincerely, Jeff Burdick, P.E. T.Y. Lin International CC: Grant Wilson, LSA An Affirmative Action / Equal Opportunity Employer M/F/D/V 404 Camino del Rio South, Suite 700 1 San Diego, California 92108 1 T 619.692.1920 1 F 619.692.0634 1 www.tylin.com i r c