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HomeMy WebLinkAboutC30140 Abandon Mid-Valley Bike Path Prjct 707-07Contract No. C30140 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ABANDON THE MID -VALLEY BIKE PATH PROJECT (PROJECT NO. 707-07), AUTHORIZE STAFF TO CLOSE OUT CONTRACT NO. C30140 WITH TY LIN INTERNATIONAL, AND AUTHORIZE STAFF TO SUBMIT A LETTER TO THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) REQUESTING THE REMOVAL OF THE PROJECT FROM THE FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM (FTIP); AND REFUND ALL OF THE COLLECTED IN -LIEU FEES FROM IMPACTED DEVELOPERS AND RELEASE THE RELATED SECURITIES SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: July 28, 2016 CONTENTS: CVAG Email Vicinity Map Recommendation By Minute Motion: 1. Abandon the Mid -Valley Bike Path Project (Project No. 707-07) and remove it from City's Capital Improvement Program; 2. Authorize staff to close out Contract No. C30140 with TY Lin International; 3. Authorize staff to submit a letter to CVAG requesting the removal of the project from the FTIP; and 4. Refund all of the collected in -lieu fees from impacted developers and release the related securities. Strateqic Plan Obiective The original project would further the goals of the strategic plan by de-emphasizing the use of single/low occupancy vehicles while optimizing alternative modes of transportation. The action will shift staffs' attention to similar projects in higher priority areas within the City. Staff Report Cancel the Mid -Valley Bike Path Project Page 2of3 July 28, 2016 Background In August 2010, Council awarded Contract No. C30140 to TY Lin international for the design and the environmental study for the Mid -Valley Bike Path. The contract includes 30 percent complete design plans and the environmental approval through Caltrans. In November 2013, Caltrans reviewed the Preliminary Environmental Study (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. 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, HIRER and Archeological Survey Report (ASR). TY Lin International was not able to absorb the cost to complete the additional surveys and additional work necessary to complete the environmental report. Although there is $2.2 million of Congestion Mitigation and Air Quality (CMAQ) funds allocated to the Mid -Valley Bike Path, the project is approximately $7.8 million underfunded and there is no other source of funding currently available. Recently during a review of the Draft Environmental Documents for the Portola/1-10 Interchange Project, Caltrans' environmental staff asked the City whether the new interchange project would have any temporary or permanent impact to the Mid -Valley Bike Path Project. Without the Mid -Valley Bike Path project, there should be no impact. Maintaining this bike project, however, will trigger additional studies of the possible temporary or permanent impact caused by the new interchange. Due to the aforementioned reasons, staff believes abandoning the project is an appropriate action for City Council to consider. There are several factors to think about should the City Council decide to abandon the project. First, the City will lose the $2.2 million of CMAQ funds. Staff did discuss with CVAG the possibility of reallocating the $2.2 million to the Eldorado West Bike project, but it was denied (see attached email) as the Eldorado West Bike Project was not part of the original CMAQ call for projects application in 2008. Second, the City has conditioned several projects that were affected by the Mid -Valley Bike Path route to either improve their portion of the path, or to pay an in -lieu fee and dedicate the necessary right-of-ways or easements. Therefore, any collected in -lieu fees and associated conditions of approval will need to be returned and removed respectively. Finally, the Mid -Valley Bike Path shown in the proposed General Plan Amendment should be removed to avoid confusion for future conditions of the development projects. Staff Report Cancel the Mid -Valley Bike Path Project Page 3 of 3 July 28, 2016 Fiscal Analvsis The City used Capital Project Reserve funds to fund the design and environmental studies of the project. The expected construction costs of the Mid -Valley Bike Path were estimated to be $10 million, and the project is underfunded. By abandoning the Mid -Valley Bike Path project, the City will relinquish the $2.2 million of CMAQ funds and the City will need to refund any related securities or fees collected. Prepared By: oe Montalvo, P.E, Senior Engineer t M. Moore, Director of Finance Approval: (U)StfiMcCarthyInterim nager Department Head: Mark Greeniood, P.E. s Director of Public Works Montalvo, Joel From: Eric Cowie <ecowle®cvag.org> Sent: Wednesday, June 22, 2016 5:02 PM To: Montalvo, Joel Cc: Tom Kirk; Dennis Woods Subject: CMAQ Joel, 1 reviewed our policy on CMAQ funded projects, and there is no ability for a jurisdiction to simply swap one project for another. As you are aware, when we issue a CMAQ call for projects, each application is ranked and the top projects are funded. If the project that you wanted to fund was the next highest ranked {and un-funded} on our last call for projects, we might have been able to work it out. CVAG certainly values the Mid Valley Bike Path project, and the willingness of the City of Palm Desert to work with the region in optimizing our use of these federal funds. I understand that this project is no longer a top priority for the City, and that you are hopeful to find resources to fund another bicycle project. I will keep you posted about the next potential cycle of CMAQ funding. Thank you, Eric Coyle Transportation program Manager Coact► L Valley Association of Governments CVi0►G 760-346•1127 1-r w U) 0 n