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Home My WebLink AboutC28800D - Amnd 2 - Free R/t Lane at Fred Warning Dr. Contract No. C28800D CITY OF PALM DESERT � PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C28800D WITH OVERLAND, PACIFIC & CUTLER, INC., FOR ADDITIONAL PROPERTY ACQUISITION SERVICES FOR THE FREE RIGHT TURN LANE AT FRED WARING DRIVE AND HIGHWAY 111 PROJECT (PROJECT NO. 658-08) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Overland, Pacific & Cutler, Inc. 74333 Highway 111, Suite 205 Palm Desert, CA 92260 DATE: August 22, 2012 CONTENTS: Request for Modification in Contract for Right-of-Way Services Amendment No. 2 Vicinity Map Recommendation By Minute Motion: 1. Approve Amendment No. 2 to Contract C28800D with Overland, Pacific & Cutler, Inc., (OPC) in the amount of $5,000 for right-of-way services for the Free Right Turn Lane at Fred Waring Drive and Highway 111; and 2. Authorize the Mayor to execute said amendment. Funding is available for this project 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. Backqround 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. Staff Report Amendment No.2 to Contract C28800D for Overland, Pacific& Cutler, Inc. Page2of2 August 22, 2013 On April 24, 2012, staff recommended approval of the proposal submitted for right-of-way services by OPC in the amount of $20,250, which was the only proposal submitted. On May 1, 2012, Contract No. C28800D with OPC was executed. On December 13, 2012, City Council approved Amendment No. 1 to OPC's contract in the amount of $7,750. The amendment was required due to the scope change in the right-of-way requirements for the project. During the course of the right-of-way negotiations it was necessary for OPC to meet with the owner of one of the parcels ten times, both on site and at his home. In addition to all of the face to face meetings, numerous phone conversations were conducted by OPC to answer any questions the property owner still had. OPC used up all or most of the budget for negotiations during the course of negotiations for this single property. In addition to these negations, the other property owner also required numerous calls and emails to negotiate the terms of the purchase. OPC has provided a letter to explain some of the challenges encountered during the negotiations and is requesting additional compensation for the services provided. Fiscal Analvsis This project is primarily funded using a CMAQ grant. The CMAQ grant will reimburse the City up to 88.80% of the right-of-way acquisition and acquisition services. The City is required to contribute the remainder as matching funds and will use Local Measure A funds to contribute the City's share. The total right-of-way services cost, including Amendment Nos. 1 and 2, is $33,000, which is well within what the CMAQ grant will cover. Construction of the project is expected to begin during the summer of 2014. I Prepared By: Depa t ead: i'M'_. --�-Z.� oel ontalvo, P.E., Senior Engineer Mark Gr wood, P. . Director f ublic Works ciTv couNcn ACTTox Paul S. Gibson, Director of Finance APi>taovrn �/ nr�vrrn RI".CE[VCD OTHL"R Approval: ,,, 1�1E1?T[j�'G DATF, `�1� ' G� A'r'I'�;1`� 1�21p� N()t�,�;: t� J M. Wohlmuth, City Manager A13�t�:i�7': _ 1.x� " ABS7'Atli�: VF;IlI�'tI:D BY: Original on File with City Clerk Of'fice _�� • � 74333 Highway 11 t,Suite 205 Palm Desert,CA 92260 760.776.123$ ph � 76t7.776.1 b36 fax August 6, 2013 Joel Montalvo, P.E. Senior Engineer City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Subject: Right of Way Services Request for Modification in Contract Highway 111 and Fred Waring Drive Improvement Project Dear Mr. Montalvo: As we have discussed, this project has been unique and very time consuming for a project that originally appeared to be a routine right of way acquisition project. As it turned out, both of the owners were very difficult to work with. Mr. Amash, the principal of Waring Plaza LLC, is an older gentleman, and it was necessary to meet with him over 10 times to review every detail of the taking, valuation, and all other aspects of the project, both at the site and him home. This is in addition to the numerous phone conversations. It is estimated that more than $6,000 worth of time was spent on Mr. Amash, when the entire acquisition budget was $7,000. Mr. Weigel was nearly as diff"icult to deal with; however, most of the communication was via telephone or computer since he lives out of state. As of the first of July 2013, OPC had accumulated more than $4,500 in consulting time that exceeded our proposed budget and has not been billed. As is our custom, we continued to work with the owners and the city in order to complete the project. After the first of July, I ceased to even record the time spent but still continue to provide the needed services. I have attached a copy of the non-billed time for your reference. The remaining items that we have to complete the project include finalizing the negotiations with Amash (in the event the City Council approves his proposed settlement), coordinating the two escrows and completing the Caltrans Certification. Our original estimate for the certification process was $3,500. If the City will consider increasing our project budget to off-set any of the previously provided services that exceeded our proposal and to cover the time necessary to complete the project, it would be greatly appreciated. Thank you in advance for your consideration of this matter. Respectfully Submitted, Overland, �acific, & C"utler, �nc. � . �� , John M. Cutler Program Manager C ��'; � �� • contract#�P.o.# C28800D 017861 �✓�� j�� Amendment No. 2 P��,/�` JI��L�J ��'J L��l\l Contingency: YES N� Contract Purpose Fred Waring Drive & Monterey Avenue Improvement q�ount No. 213-4383-433-4001 Project-Additional Right-of-Way Services ConsultanYs Name Overland, Pacific & Cutler, I11C. Project No. 65$-OH ,4ddress: 74333 Highway 111, Suite 205 vendor►vo. 7$7g Palm Desert, CA 92260 You are hereby requested to comply with the following changes to the contract: DECREASE INCREASE DESCRIPTION OF CHANGE In Contract Price In Contract Price 1. Additional Right-of-Way services include: $5,000.00 Parcel acquisition negotiations above anticipated time for completion. TOTALS: $5,000.00 NET CHANGE IN CONTRACT PRICE: $5,000.00 JUSTIFICATION: During the course of the right-of-way negotiations, it was necessary for the consultant to meet with the owner of one of the parcels 10 times, both on site and at his home. In addition to all the face to face meetings, numerous phone conversations were conducted by the consultant to answer any questions the property owner still had. The Consultant used up all or most of the budget for negotiations during the course of negotiations for this single property. In addition to these negations, the other property owner also required numerous calls and emails to negotiate the terms of the purchase requirements. TOTAL BUDGET FOR PROJECT: + $33,000.00 CONTINGENCY: Less: Expend. & Encumb. To Date: - $28,000.00 AmountApproved by Council: + Less: This Change OrderAmount: - $5,000.00 Less: Prior Change Order(s): - BALANCE OF BUDGET Less: This Change Order: - REMAINING FOR PROJECT: $0.00 Balance Remainin of Contin enc : $ - The amount of the Contract will be increased by the Sum of: Five Thousand and no/100 Dollars ($5,000.00). Continued on reverse ... Contract No. C28800D Amendment No. 2 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: 0 Days. Revised Contract Total $33,000.00. The undersigned Consultant approves the foregoing Professional Service Amendment#2 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 # 2. 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. 1. REQUESTED BY: 2. ACCEPTED BY: DEPARTMENT HEAD CONSULTANT Date Accepted 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: FINANCE DIRECTOR JAN C. 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