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HomeMy WebLinkAboutC28800C - D - Free Right-Turn Lane at Fred Waring Drive and Highway 111 656-08Contract Nos. C28800C & C28800D CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C28800C WITH VA CONSULTING FOR ADDITIONAL DESIGN SERVICES, AND APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C28800D WITH OVERLAND, PACIFIC AND CUTLER FOR ADDITIONAL PROPERTY ACQUISITION SERVICES FOR THE FREE RIGHT TURN LANE AT FRED WARING DRIVE AND HIGHWAY 111 PROJECT (PROJECT NO. 656-08) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Design Services Right -of -Way Services VA Consulting, Inc Overland, Pacific & Cutler, Inc. 35953 Cook Street, Suite 103 41555 Cook Street, Suite 250 Palm Desert, CA 92211 Palm Desert, CA 92260 DATE: December 13, 2012 CONTENTS: Amendment 1 (Contract C28800C) Amendment 1 (Contract C28800D) Vicinity Map RECOMMENDATION By Minute Motion: 1. Approve Amendment No. 1 to Contract No. C28800C with VA Consulting, Inc., in the amount of $8,500 for additional design services to complete the plans and specifications for the Free Right Turn Lane at Fred Waring Drive and Highway 111; 2. Approve Amendment No. 1 to Contract C28800D with Overland, Pacific & Cutler, Inc., in the amount of $7,750 for additional right-of- way services for the Free Right Turn Lane at Fred Waring Drive and Highway 111; and 3. Authorize the Mayor to execute said Amendments. Funding is available in Account No. 213-4384-433-4001, Right Turn Lane — Fred Waring to Hwy 111. No General Fund money is being used for this expenditure. Staff Report Amendment No.1 to VA Consulting, Inc., and Overland, Pacific & Cutler, Inc. (Project No. 656-08) Page 2 of 3 December 13, 2012 BACKGROUND In March 2008, the City of Palm Desert was awarded federal Congestion Mitigation and Air Quality (CMAQ) grants for eight projects. The Regional Transportation Improvement Program was approved, which allows the City to proceed with the development of the projects. One of these projects is the reconfiguration of the right turn lanes from westbound Fred Waring Drive to northbound Highway 111. This project will eliminate the dual right turn lanes and replace them with a single, unrestricted free right turn lane. On September 10, 2009, the City Council approved Contract No. C28800C with VA Consulting, Inc., in the amount of $46,879 for design services for this project. On April 24, 2012, staff reviewed and recommended that the City Manager approve the only proposal submitted for right-of-way services for this project to Overland, Pacific & Cutler, Inc., in the amount of $20,250. The City Manager reviewed and approved the recommendation, and on May 1, 2012, Contract No. C28800D was executed. The original scope of the project included the design of the free right turn lane, right-of- way acquisition, pedestrian easements, and temporary construction easements for four parcels. During the course of the right-of-way investigation, it was determined that the limits of the affected parcels were different than originally scoped. The change in scope required that the right-of-way consultant change the method of appraising one of the parcels to meet Caltrans requirements. The scope change in the right-of-way phase also affected the design consultant. The design consultant had to revise the overall easement and right-of-way exhibit. In addition, staff requested that the new median island design be altered to meet future pedestrian needs on Highway 111, as well as provide for additional space for the traffic signal poles. Therefore, staff believes the final cost for Amendment No. 1 for both the design engineer and the right-of-way consultant is equitable for the additional services rendered. FISCAL ANALYSIS This project is primarily funded using a CMAQ grant. The CMAQ grant will reimburse the City up to 88.0 percent of the design costs and up to 88.8 percent of the right-of-way acquisition and acquisition services. The City is required to contribute the balance as matching funds for the project. The City will utilize Local Measure A funds for the City's share of this project. The project is funded as follows: Staff Report Amendment No.1 to VA Consulting, Inc., and Overland, Pacific & Cutler, Inc. (Project No. 656-08) Page 3of3 December 13, 2012 lift Design $46,879 $8,500 $11,379 $44,000 $55,3794. Right -of -Way Engineering and $20,250 $7,750 $3,136 $24,864 $28,000 Administration Right -of -Way Acquisition - - - - $8,400 $66,600 $75,000 Construction - - - - $0 $531,000 $531,000 Total $67,129 $16,250 $22,915 $666,464 $689,379 The total design cost with Amendment 1 is $55,379, which is $5,379 above what the CMAQ grant will reimburse. As a result, the City will have to cover 100 percent of the $5,379 additional cost. The total right-of-way services cost with Amendment 1 is $28,000, which is well within what the CMAQ grant will reimburse. The construction cost estimate used for the CMAQ grant was $531,000. Construction of the project is expected to begin during the summer of 2013. Prepared By: J I Montalvq, P.E., Senior Engineer 17 Paul S. Approval: , Director of Finance n M. Wohlmuth, City Manager Depa Mark G e nwood, FI.V. Directo Public Wo CITY COUNCILA�ION APPROVED `� DENIEDMonona RECEIVED OTHER AYES:.L�. NOES: ....._._..�._._r... ABSENT: ABSTAIN: VERIFIED BY: Original on File with Ci Clerk's Office Contract # / P.O. # Amendment No. Contract Purpose Fred Waring Drive & HWY 111 Right Turn Improvement Project -Additional Design Services Consultant's Name VA Consulting, Inc. Address: 6400 Oak Canyon, Suite 150 Irvine, CA 92618 Vr i -,rc, 1--k.i roni inc+nA +n rmmnly Ie/i+h +hc fnlln\A/inn rhgnr1AC to thA rr)ntrgr:t- Contingency: Account No. Project No. Vendor No. C28800C -1 016335 1 YES NO 213-4383-433-4001 656-08 8984 DECREASE INCREASE DESCRIPTION OF CHANGE In Contract Price In Contract Price 1. Additional design services include: $8,500.00 Redesign of Median Island at Fred Waring and HWY 111intersection, revision of the Right of Way and Easement exhibit and extra project meeting and Management. TOTALS: $8,500.00 NET CHANGE IN CONTRACT PRICE: $8,500.00 JUSTIFICATION: A scope change in the Right -of -Way phase of the project affected the design consultant. The design consultant had to revise the overall easement and right-of-way exhibit. In addition, the design consultant was asked to revise a previously agreed upon median island design. Staff requested that the new median island design altered to meet future pedestrian needs, as well as, provide for additional space for the traffic signal poles. TOTAL BUDGET FOR PROJECT: + $55,379.00 Less: Expend. & Encumb. To Date: - $44,248.4 Less: This Change Order Amount: - $8,500.00 BALANCE OF BUDGET REMAINING FOR PROJECT: $2,630.5 CONTINGENCY: Amount Approved by Council: + Less: Prior Change Order(s): - Less: This Change Order: - Balance Remaining of Contingency: 1 1 $ - The amount of the Contract will be increased by the Sum of: Eight Thousand and Five Hundred Dollars ($8,500.00). Continued on reverse ... Contract C28800C 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 55 379.00. 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. REQUESTED BY: 2. ACCEPTED BY: 3. CERTIFIED FUNDS AVAILABLE: DEPARTMENT HEAD FINANCE DIRECTOR NOTE: No payments will be made prior to City Manager and Council approval 1. CONSULTANT Date Accepted 4. APPROVED BY: ROBERT A. SPIEGEL, MAYOR Date Approved CITY MANAGER Date Approved r.nntinnarl nn ravarca CONSULTING November 1, 2012 Mr. Bo Chen City Engineer City of Palm Desert, Public Works Department 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Chen: This ietter is Change Order No.1 for additional engineering services related to the Free Right Turn Lane at Fred Waring Drive and Highway 111 Project Number 658-08 (Project) in the City of Palm Desert (City), California, Per Contract #C28800C dated October 08, 2009. The total amount of this Change Order request is $8,500. A detailed Scope of Services (Exhibit "A") and Fee Estimate (Exhibit "B") are included with this letter. We will provide our services on a time -and -materials, not -to -exceed basis in accordance with our original contract fee schedule. Please indicate your approval in the space provided below and return a copy to our office. If you have any questions, please feel free to contact Jeff Wilkerson or me at (949) 474-1400. Sincerely, Max P. Vahid, P.E. Approved by: _ _ President and CEO Bo Chen MPV/cjt Encl: Exhibit A - Scope of Services Exhibit B - Fee Estimate cc: Jeff Wilkerson Contracts Date: VA Consulting, Inc. Corporate Office Orange County Division 6400 Oak Canyon, Suite 150 Irvine, CA 92618 Phone 949.474.1400 X:\Projects\936_0200Wdmin\ChangeOrders\CO01-Remobilization.doc Fax 949.261.8482 EXHIBIT "A" REQUEST FOR ADDITIONAL ENGINEERING SERVICES FOR FREE RIGHT TURN LANE AT FRED WARING DRIVE AND HIGHWAY 111 PROJECT PALM DESERT, CALIFORNIA CHANGE ORDER NO. 1 SCOPE OF SERVICES Right of Way / Easement Composite Exhibit and Meeting At the request of the City, VA reviewed four (4) pedestrian and temporary construction easement legal descriptions and plats (prepared by the City) to confirm that they align with the two (2) right of way legal descriptions and plats previously prepared by VA. A Composite Exhibit showing the six right of way and easement areas was prepared. VA attended a meeting with the City to discuss the exhibit. Subsequent to the meeting, VA received City plan check comments on the Composite Exhibit which will be incorporated into the exhibit. 2. Additional Project Management, Meetings and Coordination The existing budgets for Project management, meetings and coordination with the City have been depleted. This task is to continue managing the Project, attend one (1) additional meeting with the City, attend one (1) field meeting, and continue coordination with the City for the duration of the Project. For the purposed of this change order, we have allocated a total of twenty (20) hours of Project Manager's time for this task. 3. Median Island Modifications This item includes revising the PS&E to accommodate the median island revisions received with the latest plan check comments. This task includes the following: • Revising detail 2 on sheet 5 per the revised median island revisions; • Revising the Traffic Signal Modification plan to show the revised Pole A location; • Minor revisions to the rest of the plan set due to the median island revisions; and • Minor updates to the cost estimate and bid schedule. X:\Projects\936_0200V\dmin\ChangeOrders\CO01-RemoUlization.doc Offices in: Irvine + Cvrona • Palm'Desert EXHIBIT "B" REQUEST FOR ADDITIONAL ENGINEERING SERVICES FOR FREE RIGHT TURN LANE AT FRED WARING DRIVE AND HIGHWAY 111 PROJECT PALM DESERT, CALIFORNIA CHANGE ORDER NO. 1 FEE ESTIMATE 1. Right of Way / Easement Composite Exhibit and Meeting ..........................................$ 2,800 2. Additional Project Management, Meetings and Coordination ......................................$ 3,000 3. Median Island Modifications.......................................................................................$ 2,700 TOTALFEE ESTIMATE..................................................................................................$ 8,500 X:\Projects\936_0200\Admin\ChangeOrders\C001-ReMON izaWn.doc 2 ices in: Irvine Corona Palm Deseri IRT.. 1 .. 4Y c ., S &%0XU,S1RVXXAWNDWNT Contract Purpose Fred Waring Drive & Monterery Avenue Improvement Project -Additional Right -of -Way Services Consultant's Name Overland, Pacific & Cutler, Inc. Address: 3750 Schaufele Ave, Suite 150 Long Beach, CA 90808 Contract # / P.O. # Amendment No. You are herebv reauested to comolv with the followina chances to the contract: Contingency: Account No. Project No. Vendor No. C28800D 017861 1 YES NO 213-4383-433-4001 656-08 7879 DECREASE INCREASE DESCRIPTION OF CHANGE In Contract Price In Contract Price 1. Additional Right -of -Way services include: $7,750.00 The change from a simple Waiver Valuation process for a 46 square foot parcel to a more complex appraisel process required by Caltrans. The extra work also include attional processing time and management time TOTALS: $7,750.00 NET CHANGE IN CONTRACT PRICE: $7,750.00 JUSTIFICATION: During the course of the Right -of -Way investigation, it was determined that the limits of the affect parcels were different than originally scoped. The change in scope required that the Right -of -Way consultant change the method of apprising one of the parcels to meet Caltrans requirements. TOTAL BUDGET FOR PROJECT: + $28,000.00 Less: Expend. & Encumb. To Date: - $4,497.50 Less: This Change Order Amount: - $7,750.00 BALANCE OF BUDGET REMAINING FOR PROJECT: $15,752.50 CONTINGENCY: Amount Approved by Council: + Less: Prior Change Order(s): - Less: This Change Order: - Balance Remaining of Contingency: $ - The amount of the Contract will be increased by the Sum of: Seven Thousand, Seven Hundred and Fifty Dollars ($7,750.00). Continued on reverse 4155.5 Cook Street, Suite 250, Palm Desert, CA 92260 phone:(76©)776-1238,fax: (760)77fi-1636 September 12, 2012 Mr. Bo Chen City Engineer City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Subject: Revised Right of Way Services Proposal Hwy 111 and Fred Waring Drive Dear Mr. Chen: Due to the modification in the plans for the above project, the consulting requirements have changed and we have to modify our proposal accordingly. The main requirement for the proposal modification is the fact that the Waring Plaza parcel has changed from a simple 46 square foot parcel that could be handled by a much simpler Waiver Valuation process, where it now has to be both appraised and reviewed to meet Caltrans' requirements. This letter is our proposal to the City of Palm Desert ("City' and serves as our letter of commitment to perform the services described herein. Project Understanding: The City desires to acquire right of way from Assessor's parcel numbers 640- 020-039 and 640-020-040 as part of its Hwy111/Fred Waring Intersection Improvement Project. Revised legal descriptions and/or exhibits have been provided for the permanent takes, the pedestrian easements and the temporary construction easements. 1. The project entails the appraisal and acquisition of relatively small permanent areas from two Assessor parcels at the Northeast Comer of Fred Waring and Hwy 111, along with the acquisition of larger pedestrian and temporary construction easement areas. 2. All of the consulting services will be provided in accordance with Caltrans' guidelines. 3. Both parcels will require will require a narrative appraisal report and a field review appraisal. The services we propose to provide to the City are Project Management, Right of Way Acquisition, Appraisal Services, Escrow Coordination and Project Certification. Overland, Pacific & Cutler's project fees are quoted on an hourly, not -to -exceed basis, while the appraisal subcontractors are based on a fixed -fee basis. OPC will be responsible for securing subcontractors and the costs are being charged on a straight "pass -through" basis without mark-up. The individual components of our proposal fees for the two parcels are as follows: Project Management and Coordination $ 5,000.00 Escrow Coordination $ 500.00 Project Certification $ 3,500.00 Appraisals -Narrative (Lidgard & Associates) $ 8,000.00 Field Appraisal -Review (Hennessey & Hennessey) $ 4,000.00 Acquisition Services $ 7,000.00 Total Revised Proposal $ 28,000.00 Original Proposal $ 20,250.00 Increase in Proposal $ 7,750.00 The increased amount considers the time already spent on the project. Mr. Bo Chen City Engineer September 12, 2012 Page 2 As always, it is a pleasure to be of assistance to the City of Palm Desert. If you have any questions regarding this proposal, please do not hesitate to contact me. Sincerely, Over/and, Pacific & Cuder, Inc. "• John Cutler Senior Program Manager Scope of Work: Project Management 1. Meet with client and determine client's project requirements, timing and controlling guidelines and develop and present a comprehensive project right of way schedule that meets the client's project needs. 2. Establish and maintain a communication's matrix for all parties associated with the project. 3. Monitor schedule and budget throughout the project. 4. Prepare and submit monthly status reports for client. 5. Provide project oversight from the beginning to the end of the project. 6. Secure and contract with other specialty consultants to meet the project needs. Appraisal Scope 1. Prepare and mail by certified mail the Notice of Decision to Appraise including all Caltrans' required supplemental documents. 2. Prepare formal narrative appraisal and field review appraisal, per Caltrans' requirements. 3. Prepare just compensation documents for City's adoption. Negotiation Scope 1. Review title report to determine items to eliminate or take title subject to during escrow period. 2. Prepare offer letter, or City's review, approval and execution. 3. Contact owner and set appointment to personally meet. 4. Personally meet with the owner to present the offer and acquisition package and discuss acquisition process, including appraisal basis title and title clearance issues, escrow procedures and tax benefits, if any. S. Negotiate with owner towards obtaining agreement. 6. Maintain diary of negotiations and contacts. 7. Prepare all necessary acquisition agreements, deeds and other related documents. 8. Coordinate with client on difficult circumstances. 9. Transmit all negotiated settlement documents to client for acceptance, execution and processing. 10. Prepare report for client's contractor identifying construction contract items, special circumstances and requirements for specific parcels for use in bid packages and construction implementation. Escrow Coordination Scope 1. Prepare Certificates of Acceptance for conveyance documents. 2. Process documents through client for execution. 3. Forward executed and accepted Acquisition Agreements and Deed/document to escrow. 4. Coordinate title clearance with Escrow, if necessary. 5. Assist Escrow closing with lenders. Caltrans Right of Way Certification 1. Coordinate and attend certification planning activities and meetings with Right of Way Local Assistance Coordinator and project team to determine project requirements and certification level required to meet project construction schedule. 2. Prepare and maintain project certification binder, containing all necessary information, throughout the project right of way implementation. 3. Ensure that any interests necessary for the project have been acquired in compliance with applicable law and regulations. 4. Prepare certifications forms in coordination with engineer and city to include the compilation of all necessary back-up documents required including; deed, final order of condemnation, access easements, cooperative agreements, permits, right of entries, etc. 5. Attend and coordinate pre -audit and post -audit submittal meetings. • . rr� _ LI. . . _ tile . • The City will supply title reports, legal descriptions, plat maps, and R/W engineering and construction drawings. • Acquisition services fee does not include extended negotiations or coordination. Extended negotiations and coordination beyond 6 months from negotiations start date will be invoiced on a time and materials basis at our current hourly rates. • This proposal assumes that City's project engineers will provide any and all utility coordination information for the project certification, including, but not limited to: Notices to utility owners, owner correspondence, relocation plans & cost estimates, list of bid items, utility relocation schedules and any other documentation that OPC may need to complete the project certification related to the Utilities. Right of Way Management & Implementation ' Program Manager / Principal $200.00 per hour Senior Project Manager $150.00 per hour Project Manager $130.00 per hour Senior Acquisition Agent / Senior Relocation Agent / Senior Analyst $115.00 per hour Acquisition Agent / Relocation Agent / Analyst $105.00 per hour Utility Engineering & Coordination Utility Engineering Manager $175.00 per hour Utility Engineer / Utility Project Manager $150.00 per hour Senior Utility Coordinator $130.00 per hour Utility Coordinator $115.00 per hour Project Support / Administrative Project Support Specialist $75.00 per hour Administrative Assistant $40.00 per hour OPC considers local travel/mileage, photocopying, first class postage, telephone, facsimile and mobile communication charges a normal part of doing business and are included in the stated hourly rates., Out- of-pocket expenses including pre -approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified mail (return receipt requested) charges and specialty reproduction (unless otherwise specified) are in addition to the contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination and handling. Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%). In the event OPC is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of this contract, nor are they part of our normal fees. If required, these types of services will be invoiced at two times the regular hourly rates. In the event this contract extends twelve (12) months beyond the initial date of execution, the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five percent (5%) per annum, compounded annually, on the anniversary date of this contract. OPC will submit monthly invoices for the professional and trade services rendered based on the hourly rate schedule provided above. The client shall promptly pay the uncontested amount due within no more than thirty (30) days after receipt of invoice. Upon completion of services, the remaining balance of the project balance shall become immediately due and payable. Ofz AL R�. ik c� F— .�. V) i 0 Z J V) Z W H U f U) Z Co Z I i f w•-' I V ' ^ N V m w Q ` 2 w X Q p W Z 0 w 3 0LLJ n x 0 LL.