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HomeMy WebLinkAbout25B - FIRST STREET BRIDGE REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 4, 2010 TITLE: APPROVED AMENDMENT TO AGREEMENT WITH AECOM ? As Recommended FOR ENGINEERING SERVICES FOR FIRST ? As Amended STREET BRIDGE WIDENING ( PROJECT ? Ordinance on 15` Reading ? Ordinance on 2"d Reading 061723 ) ? Implementing Resolution ? Set Public Hearing For CONTINUED TO c.-c, FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with AECOM, subject to non- substantive changes approved by the City Manager and City Attorney, to provide engineering services for widening of First Street Bridge over the Santa Ana River in the amount not to exceed $121,200 for a total contract amount of $1,160,000. DISCUSSION On November 20, 2006, the City Council awarded a contract to AECOM for design services related to the First Street Bridge Widening Project. The project entails replacing the existing four lane bridge over the Santa Ana River with a wider six lane bridge. The scope of work included preparation of the California Environmental Quality Act and National Environmental Policy Act (NEPA) determinations for the proposed project. In 2007, the Federal Highway Administration delegated oversight of NEPA review and approval to Caltrans for projects funded by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. Caltrans in turn instituted more stringent NEPA requirements due to their new oversight. A Preliminary Environmental Study for this project was approved on December 7, 2009. This study dictates which technical studies will be required for NEPA approval by Caltrans. Based on these more stringent requirements not included in the original contract, additional environmental services are required in the amount of $121,200. 25B-1 Amendment to Agreement with AECOM January 4, 2010 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Measure M Street Construction Fund (accounting unit 03217660-66220, project no. 061723) and the Select Street Construction Fund (accounting unit 05917660-66220, project no. 061723). APPROVED AS TO FUNDS AND ACCOUNTS: T ~l~l~l~ ~ A La~~~. Raul Godinez Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency 25B-2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on January 4, 2010, by and between AECOM/DMJM, a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The City and DMJM entered into that certain Agreement A-2006-304, dated November 20, 2006, (hereinafter "said Agreement") by which Consultant has provided structural design and project management services for the First Street Bridge Widening Project ("the Project). B. DMJM was by AECOM by agreement (instrument...) dated.... C. Due to funding issues, the Project was interrupted and is now being re-instated by the Parties. The re-initiation of the Project will require additional environmental studies to comply with requirements imposed on Caltrans Local Assistance projects. D. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of services to include additional environmental studies and project management tasks, and to increase compensation to pay for the additional studies and management tasks. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to include reworking the following environmental studies proposed to be completed by subconsultant LSA, as set forth in Exhibit A-1, attached hereto and incorporated by this reference: • Traffic (update) • Air Quality (update) • Noise Study (update) o NSR (update) o NADR (New Study) • Cultural o ASR (Update) o HPSR (Update) o Native American (Update) • NES (MI)) (Update) • Haz. Mat. ISA (Update) • JD (Update) Additionally, Consultant will provide management and administrative services required to complete the Preliminary Environmental Study incorporating the updated studies, and provide additional technical studies as required by the Project. 2. Section 2, COMPENSATION, shall be amended to increase compensation by $121,200, to pay for the additional services and previously approved change notices, at the rates and 25B-3 charges set forth in Exhibit B-1. The total not to exceed contract amount shall be $1,160,000.00, which includes a five percent (5%) contingency. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: AECOM JOSEPH W.FLETCHER City Attorney By: Laura Sheedy (NAME) Assistant City Attorney (Title) 25B-4 EXHIBIT A-1 October 14, 2009 LSA Associates Inc. (LSA) has been preparing environmental documentation for the First Street Bridge Widening Project as a subcontractor to DMJM/AECOM since January 2007. The project was put on hold in February 2008 due to funding issues. The City of Santa Ana (City) has now requested that the AECOM team re-initiate work on the project. The 18 month delay has resulted in additional and in some cases substantial new requirements for Local Assistance projects as a result of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), National Environmental Policy Act (NEPA) delegation to Caltrans. Additional work will be required for processing the technical studies for the First Street Bridge Widening Project to meet the new requirements of Section 6004 (d) (3) for Categorical Exclusions under SAFETEALU. Therefore, LSA is submitting this contract change order request. This change order request is based on several discussions with DMJM/AECOM over the past year and more recent discussions in the past 2 weeks with AECOM, the City, and Caltrans. The suite of technical studies that LSA is currently contracted to prepare include: traffic, water quality, air quality, noise, Historic Property Survey Report (HPSR), Archeological Survey Report (ASR), the Natural Environment Study Minimal Impacts (NESMI), Jurisdictional Delineation (JD), Section 4(f), and Initial Site Assessment (ISA). BACKGROUND LSA had an original budget of $144,430 for the completion of the scope of work: preparation of the Preliminary Environmental Study (PES) Form, technical studies (listed above), environmental document - a Categorical Exclusion (CE)/Mitigated Negative Declaration (MND), and Resource Agencies permitting and coordination. Additional budget of $7,500 was authorized in March 2009 for completion of an updated PES Form, for a total authorized budget of 151,930. ADDITIONAL WORK The following describes work that LSA will need to perform in order to revise and update technical studies due to the inactivity of the project, updated requirements of Caltrans, and additional studies that are currently required by Caltrans Local Assistance and that were not included in the original scope. As noted above, the factors that have changed the scope of work and budget are new Caltrans Local Assistance Requirements as a result of SAFTEA-LU, and Caltrans requirements for new technical reports such as Noise Abatement Decision Report (NADR) and Historic Resources Evaluation Report (HRER) that were recently identified in the PES form and that were not included in the original scope of work. 25B-5 Task 2.1 Traffic/Circulation Use of 2007 Traffic/Circulation Study The traffic report was completed in October 2007. The report was submitted for review to the City however, was not submitted to Caltrans. LSA proposes to submit the 2007 traffic report to Caltrans to see if it is accepted. If it is accepted by Caltrans, then the only traffic work required would be to process the traffic numbers for future 2035 conditions for the air quality and noise reports. Update or New Traffic Study (Optional Tasks) There are two approaches for a new traffic study, in the event Caltrans requires one. These include: 1. Extrapolating 2035 numbers from the existing 2007 report traffic data and updating the report with the new numbers and new traffic counts; or 2. Wholesale update including obtaining new OCTAM model numbers from the Orange County Transportation Authority (OCTA), taking new counts. Approach No. 1 can be accomplished without a tremendous amount of effort or impact on the schedule and has modest budget implications. Approach No. 2 has both major budget and schedule implications and would include basically a brand new traffic study, new counts, new model data, processing of the model data, new report preparation and review by both the City and possibly Caltrans. Task 2.2 C Air Quality (Update) The draft air quality analysis was completed in October 2007. However, the air quality report was not submitted to Caltrans because the project went on hold in February 2008. To reflect most recent changes to Caltrans Standard Environmental Reference (SER) guidelines with respect to air quality and global climate change, new and additional analysis will be required. LSA will prepare an updated Air Quality Analysis for the First Street Bridge project in accordance with the Caltrans Transportation Project Level Carbon Monoxide (CO) Protocol, the EPA's fugitive dust conformity rule, and the South Coast Air Quality Management District (SCAQMD) CEQA Handbook air quality guidelines. LSA will conduct the screening analyses specified in the CO protocol and, if required, conduct CALINE4 modeling for CO hot spots for up to 20 receptor locations for the Existing, Future No Build, and the Build Alternatives. LSA will evaluate the proposed project's impacts to long-term particulate matter concentrations (PMz.s and PMio) and mobile source air toxics (MSAT) using the Transportation Conformity Guidance for Qualitative Hot-spot Analysis in PMz.s and PMio Nonattainment and Maintenance Areas (EPA, March 2006) and the Interim Guidelines on Air Toxic Analysis in NEPA Documents (FHWA, February 2006). In addition, the proposed project's impact on global warming and climate change will be discussed. LSA will submit the particulate matter hot-spot analysis to the SCAG Transportation Conformity Working Group for review and approval. In addition to the revised air quality and particulate matter analyses, LSA will prepare the "Conformity Analysis Documentation for Project-Level Conformity Determinations in Metropolitan Nonattainment/Maintenance Areas" that is now required under NEPA delegation. 25B-6 Task 2.3 Noise Analysis (Update) The draft noise analysis was completed in November 2007 however was not submitted to Caltrans for review because the project was put on hold. The current noise report will require minor revision due to changes in the requirements for noise reports and updated traffic. However, if a new traffic report is required then the noise analysis will require wholesale revision using the new traffic numbers for new modeling. In addition, the noise analysis will be revised to reflect the latest requirements for the noise impacts assessment posted on the SER. LSA will revise the Noise Impact Analysis that assesses the project's potential effects on existing and future noise conditions based on the new alignment. LSA will review applicable noise and land use compatibility criteria for the project area. The noise study revisions include the following tasks: 1) the Noise Analysis (noise modeling) will be updated to reflect updated traffic data; 2) the report will need to follow the current Caltrans Protocol and the new report format provided on the SER website; and 3) the reasonable allowance per benefited residence has been reduced from $36,000 to $31,000 and the report will reflect this change. Update Noise Study to Reflect Revised Traffic Data (Optional task) If Caltrans requires new traffic information under either optional Approach No. 1 or No. 2 described above under the Traffic Study, then this will require additional revisions to the noise modeling that are not included in the above scope of services for the update of the noise analysis. New Task 2.3.1: Noise Abatement Decision Report (New study) A Noise Abatement Decision Report (NADR) will be required to be consistent with the most recent Caltrans Traffic Noise Analysis Protocol, which was not included in the original scope of work. LSA will work with DMJM/AECOM to obtain the engineer's cost estimate for the evaluated abatement, the engineer's evaluation of nonacoustical feasibility issues, and necessary technical reports to assess secondary effects of abatement. The project engineer (DMJM/AECOM) will need to sign the NADR. If feasible sound barriers are identified in the Noise Study Report (NSR), LSA will prepare a NADR. The report will summarize the preliminary reasonableness determination from the noise study report, present the engineer's cost estimate for the evaluated abatement, evaluation of non- acoustical factors related to feasibility, preliminary noise abatement decision, and secondary effects of abatement (impacts on cultural resources, scenic views, hazardous materials, and biology). LSA will prepare the NADR consistent with the Caltrans report guidelines with the best information available. Task 2.4 Cultural Studies (Updates) The draft Archeological Survey Report (ASR) and Historical Properties Survey Report (HPSR) were completed in September and October 2007, respectively. However, these reports were not submitted to Caltrans because the project was put on hold. The ASR and HPSR reports will require significant revisions due to the new ASR form requirements, and updates to the HPSR. The reports will require updated records search and literature search, minor updates to the APE map and additional Native American consultation. Furthermore, the Historical Resources Evaluation Report (HRER) was determined to be required by Caltrans in the PES form. The scope of work for the HRER is described below: 25B-7 New Task 2.4.1 HRER (Optional New Study) It is unlikely that a Historic Resources Evaluation Report (HRER) is necessary for the project because there does not appear to be the need to evaluate properties adjacent to the APE. However, it is included here in the event that Caltrans requires one. The HRER will document identification, recordation, and evaluation efforts for the built environment and historical archaeological resources. The preparers) of the HRER will meet the Architectural Historian Qualifications Standards in Attachment 1 of the 2004 Programmatic Agreement (PA). The HRER will follow the format in Exhibit 6.2 of Caltrans Environmental Handbook Volume 2. The HRER will contain documentation of the research and field methods, a historical overview, the description and significance of identified historic archaeological and built environment cultural resources (if applicable), and findings and conclusions. The HRER will also contain a bibliography, preparers' qualifications, maps, Department of Parks and Recreation (DPR) 523 forms for properties not exempted under Attachment 4 of the PA, and other appropriate documents such as maps, figures, previously prepared resource records, and historical archaeological site records. Determinations of Eligibility will be made for properties within the area of potential effect (APE). It is anticipated that the project will not have any effects on historical resources and that a Finding of Effect will not be required. Task 2.5 Natural Environment Study Minimal Impacts (NESMI) (update) The draft NESMI was completed in November 2007; however, it was not submitted to Caltrans for review because the project was placed on hold. The current NESMI will require update to the report, an additional follow-up site visit, including a daytime visit to inspect the bridge for the bat presence, and a new CNDDB and CNPS literature search to update the occurrence potential for special status species. Task 2.7 Initial Site Assessment (ISA) (update) The draft ISA was completed in September 2007 and was submitted to Caltrans for the first round of review. The comments to the report were received however they were not incorporated to the report, because the project went on hold. The ISA will be revised to provide answers to Caltrans comments, incorporate new records search results and Caltrans comments to provide Asbestos Containing Materials (ACM) survey results findings. These new records search results and ACM survey finding will be reported in the updated ISA. In addition, based on LSA's experience that these studies are typically required by Caltrans, we recommend that the ADL surveys for aerially deposited lead and lead-based paint be conducted by Kleinfelder under their existing contract with AECOM. The ISA report will be revised per findings of these survey results. Task 4.1 Jurisdictional Delineation (update) The jurisdictional delineation report will require revisions regarding changes to U.S Army Corps of Engineers (Corps) guidelines as a result of recent Rapanos Supreme Court decision. The report will be updated to reflect these Corps changes. The Santa Ana River is also subject to review by California Department of Fish and Game (CDFG) under Section 1602 of the Fish and Game Code. 25B-8 EXHIBIT B-1 AECOM CONTRACT STATUS Original Requested Revised Budget Budget Change Orders w/ Requests Design $874,657 $0 $874,657 Construction Support $47,192 $0 $47,192 Optional Tasks Retaining Walls (South Quadrant) $10,589 $0 $10,589 Raised Medians & Landscaping $12,301 $0 $12,301 Environmental EA/FONSI/MND $19,080 $p $0 • . Additional Potholes $0 $4,140 $4,140 Asbestos Survey $0 $5,400 $5,400 PES Preparation (Modified Form) $0 $10,370 $10,370 • WQMP Preparation $0 $19,180 $19,180 Rework Technical Studies DM1M Manage. & Admin. $0 $11,916 $11,916 Meetings $0 $6,448 $6,448 PES Prep. $0 $1,407 $1,407 Technical Studies $0 $9,751 $9,751 LSA Traffic (Update) $0 $500 $500 Air Quality (Update) $0 $7,200 $7,200 Noise Study (Update) NSR (Update) $0 $10,490 $10,490 NADR (New Study) $0 $16,510 $16,510 Cultural ASR (Update) $0 $5,140 $5,140 HPSR (Update) $0 $5,300 $5,300 Native American (Update) $0 $2,700 $2,700 NES(MI) (Update) $0 $4,180 $4,180 Haz. Mat. ISA (Update) $0 $3,330 $3,330 1D (Update) $0 $3,620 $3,620 Optional Tasks HRER (Update) $0 $7,980 $0 25B-9 Traffic(Update-Approachl) $0 $10,190 $10,690 Traffic(Update-Approachl) $0 $7,550 $7,550 NSR (Update) $0 $14,660 $14,660 • 25B-10