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CC 2013-05-14_08.d. Amendment to Agreements - Brisco Interchange ProjectTO: COUNCIL RIGHT FROM: TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: CONSIDERATION OF AMENDMENTS TO CONSULTANT SERVICES AGREEMENTS FOR WOOD RODGERS, INC. AND POINT C, LLC FOR THE BRISCO ROAD-HALCYON ROAD/HIGHWAY 101 PROJECT APPROVAL AND ENVIRONMENTAL DETERMINATION (PA&ED) AND OF SUPPORT DATE: MAY 1 4, 2013 RECOMMENDATION: It is recommended the City Council approve: 1. Amendment No. 8 to the Consultant Services Agreement with Wood Rodgers, Inc.; 2. An Amendment to the Point C, LLC agreement to revive and extend the terms for additional design work for the Project Approval and Environmental Determination (PA &ED) for the Brisco Road - Halcyon Road /Highway 101 Interchange Improvement Project; and 3. Appropriate $66,000 from the transportation Facility Fund for the Point C, LLC Amendment. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The Point C, LLC extension includes an additional appropriation of $66,000 from the Transportation Facility Fund. There are no additional funds needed for the Wood Rodgers extension, but additional funds will be needed if Caltrans provides positive feedback regarding the most recent required modifications. Continued dedication of staff resources will be required. The project is identified as a priority in the Critical Needs Action Plan. BACKGROUND: The project history is summarized below: • In 2001, a Project Study Report- Project Development Support (PSR -PDS) was completed to develop alternatives to improve operation of the Brisco Road - Halcyon Road /U.S. 101. During PA &ED development, additional alternatives were identified and analyzed. • Alternatives were presented to the City Council at the August 12, 2008 meeting. The City Council selected a preferred alternative and directed staff and the City Council Subcommittee to pursue approval and funding through the San Luis Obispo Council of Governments (SLOCOG) and Caltrans. • In May of 2009, the City Council approved Contract Amendment No. 4 with Wood Rodgers, Inc. for preparation of the design exception fact sheets for the Item 8.d. - Page 1 Brisco Road - Halcyon Road /U.S. 101 Project Approval and Environmental Determination (PA &ED) in the amount of $17,500. Additionally, the Council authorized the Mayor to send a letter to Caltrans regarding opposition to requests for further analysis and urging support for the City's preferred alternative. • In August 2009, the Planning Company was contracted to assist in determining a design solution to the Brisco impasse and develop strategies to achieve Caltrans approval. • On May 11, 2010, the Council approved the Contract Amendment No. 5 with Wood Rodgers to include alternative 313 that placed ramps at Old Ranch Road and continue an update of environmental studies and the PA &ED project. However, it was subsequently determined that this alternative had a fatal flaw due to the grade separation between U.S. 101 and Old Ranch Road. • On October 26, 2010, the Council approved Alternative 4 to be included in the PA &ED. Alternative 4 involves moving the Brisco northbound on -ramp and off - ramp to Rodeo Drive. Additionally, the Council approved the preparation of supporting information and design exception fact sheets and to provide the public an opportunity to comment at the Traffic Commission and neighborhood meetings. • The Traffic Commission considered the project alternative on January 10, 2011 and a well attended neighborhood meeting was held on February 24, 2011. Project accomplishments include completion of the Purpose and Need document, established performance criteria and the traffic analysis with concurrence from Caltrans District 5 Traffic Operations. • In April 2011, the Council approved Amendment No. 6 with Wood Rodgers to update environmental studies and continue preparation of the PA &ED documents. Caltrans reviews required more revisions and effort than was anticipated for Amendment No. 6. • Draft funding recommendations for the project were approved at the February, 2012 San Luis Obispo Council of Governments Board of Directors meeting. • In March 2012, the California Transportation Commission approved the project for funding. • In May, 2012, the Council approved Amendment No. 7 with Wood Rodgers for an additional not to exceed amount of $103,820 in order to complete all technical studies and prepare final design exception fact sheets. • In April 2013, the Brisco Subcommittee, staff and consultants met with Caltrans staff and learned that additional design and amended technical studies are necessary for approval of design exception fact sheets. ANALYSIS OF ISSUES: Wood Rodgers has been the engineering consultant for the project and is responsible for the preparation of the project report and subcontracting for the environmental document, including all associated technical reports. Additionally, they are preparing Item 8.d. - Page 2 the required design exception fact sheets necessary for project approval. Point C, LLC is recognized as a leader within the State in developing strategic solutions to transportation planning and financing issues. They have worked for a number of large municipal clients and closely with Caltrans in successfully resolving a number of capital project issues. Point C, LLC was instrumental in the City's success in the recent approval of $5.6 million in funding for the project in the State Transportation Improvement Program (STIP) by the San Luis Obispo Council of Governments (SLOCOG) and the California Transportation Commission. Staff believes that continued assistance from Point C, LLC is critical to obtaining approval of the design exceptions and final PA & ED. Obtaining Caltrans approval for improvements to the Brisco Road /Halcyon Road /U.S. 101 has proved to be a difficult task given the inability to address deficiencies with an older road /highway system, while meeting Caltrans design standards. Given previous concurrence between the City and Caltrans on the Alternatives to be studied in the PA &ED documents, staff and consultants anticipated completion of the PA &ED in 2013. However, the most recent meeting with Caltrans revealed the need for additional project modifications to address safety concerns. Project consultants will work to gain final concurrence with Caltrans prior to the preparation of the additional technical study amendments that the design modification will precipitate. This work is limited to providing Caltrans with information necessary to determine if proposed modifications address their concerns. ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Approve Amendment No. 8 to the Consultant Services Agreement with Wood Rodgers and the Amended Agreement with Point C, LLC; • Do not approve the proposed agreement amendments; or • Provide direction to staff. ADVANTAGES: Extending the consultant agreements will allow continued work on modifications to present to Caltrans prior to devising a detailed scope of work to complete the project report. DISADVANTAGES: The amendment to the Point C, LLC Agreement will cost an additional $66,000 and require a budget amendment. ENVIRONMENTAL REVIEW: A detailed environmental review is performed during the PA &ED phase of project development. A draft Project Report (PR), an engineering report that describes the Item 8.d. - Page 3 work and possible project alternatives is prepared in parallel with the environmental studies. Following circulation of the Draft environmental document (the public review period), a public hearing is held. After analyzing the public hearing comments, a preferred alternative is normally selected, which allows the preparation and approval of the final environmental document which is attached to the PR. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, May 9, 2013. The Agenda and staff report were posted on the City's website on Friday, May 10, 2013. No public comments were received. Item 8.d. - Page 4 This Eighth Amendment ( "Eighth Amendment ") to Consultant's Services Agreement ( "CSA ") by and between the CITY OF ARROYO GRANDE and WOOD RODGERS, INC. is made and entered into this day of May 2013, based on the following facts: WHEREAS, the parties entered into a CSA dated January 11, 2005, to prepare a Project Approval and Environmental Determination (PA &ED) for the Brisco -Road- Halcyon Road /Route 101 Interchange; and WHEREAS, the parties entered into a First Amendment to CSA dated November 8, 2005, to include the environmental studies for the Brisco Road - Halcyon Road /Route 101 PA &ED; and WHEREAS, the parties entered into a Second Amendment to CSA dated November 14, 2006, to include a northbound auxiliary lane in the Brisco Road - Halcyon Road /Route 101 PA &ED; and WHEREAS, the parties entered into a Third Amendment to CSA dated June 24, 2008, to include additional analysis in the Brisco Road- Halcyon Road /Route 101 Project Approval & Environmental Document (PA &ED); and WHEREAS, the parties entered into a Fourth Amendment to CSA dated May 26, 2009, for preparation of the design exception fact sheets for the Brisco Road - Halcyon Road /Route 101 Project Approval and Environmental Document (PA &ED); and WHEREAS, the parties entered into a Fifth Amendment to CSA dated June 16, 2010 for preparation of the Project Approval and Environmental Document (PA &ED) for the Brisco Road - Halcyon Road /Route 101 Interchange Improvements Project; and WHEREAS, the parties entered into a Sixth Amendment to CSA dated April 12, 2011 for additional preparation required for the Project Approval and Environmental Document (PA &ED) due to revised alternatives for the Brisco Road - Halcyon Road /Route 101 Interchange Improvements Project; and WHEREAS, the parties entered into a Seventh Amendment to CSA dated May 8, 2012 for additional preparation required for the Project Approval and Environmental Document (PA &ED) due to revised alternatives for the Brisco Road - Halcyon Road /Route 101 Interchange Improvements Project; and WHEREAS, the CSA, as amended, has expired and the parties desire to revive the CSA as set forth herein. Item 8.d. - Page 5 NOW THEREFORE, for valuable consideration the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. The CSA shall be revived and continue in full force and effect until May 31, 2014, unless sooner terminated pursuant to the provisions of the Agreement. All actions of the parties during the period in which the CSA had technically expired are hereby ratified. 2. Except as modified herein, all other terms and conditions set forth in the CSA, as amended, shall remain unchanged. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Seventh Amendment the day and year first above written. LYL0101 I -.101910 M Bv: TONY FERRARA, MAYOR Item 8.d. - Page 6 HOLISl iC 'THINKING SUSTAINABLE SOLUTION'S May 7, 2013 Ms. Teresa McClish City of Arroyo Grande 300 E. Branch Street Arroyo Grande, CA 93420 RE: Consulting Agreement Amendment Request Dear Ms. McClish: Point C, LLC has been assisting the City of Arroyo Grande by providing strategic services to implement US 101 corridor transportation solutions that meets the City's access / circulation objectives and Caltrans' operational needs. The US 101 / Brisco Road - Halcyon Road interchange improvement project is currently in the Project Approval / Environmental Document (PA &ED) phase. In addition, the California Transportation Commission has programmed $ 5.6 million for construction in the State Transportation Improvement Program. Originally, the PA &ED phase was targeted for completion in the summer of 2013. In order to complete PA &ED, design exception fact sheets will require approval by Caltrans. The fact sheets have been developed and reviewed by Caltrans and based upon Caltrans' comments, the design will require some modifications. Once the revised design is completed, the team will coordinate with Caltrans to obtain their conceptual approval. Upon receipt of that approval, the design exception fact sheets will be revised and submitted for Caltrans approval. Upon approval of the fact sheet, the appropriate technical studies revisions will be made. At that point, a timeframe for PA &ED completion can be determined. The purpose of this letter is to request an amendment of the existing agreement for Point C to continue to provide services to assist during the project approval and environmental document phase for the Brisco Interchange. I. SCOPE OF SERVICES No amendment to Exhibit A is requested. Point C will continue to perform the following scope of work previously identified. 11. DURATION The term of the existing agreement is amended to extend the duration by twelve (12) months with a.revised expiration date of June 30, 2014. 120 N Madison Avenue i'asadena. CA 91101 tel (626) 096 -1000 wy,,w.poiMcpar#ners.corn Item 8.d. - Page 7 HOLIS11C THINKING. SUSTAINABLE SOLUTIONS, IIL COMPENSATION Exhibit B of the existing agreement is amended to increase the professional services / expenses budget $ 66,000 resulting in a revised total not to exceed $ 362,500. Compensation for all professional services to be performed by Point C shall be a monthly fee of $5,000.00. Expenses will be billed in addition to professional services "at cost" with no additional markup. The authorized expenses "not to exceed" budget shall be increased $6,000.00 resulting in total budget amount of $ 22,500.00. Point C appreciates the opportunity to continue to be of service to the City of Arroyo Grande and looks forward to the successful completion of this project. Sinc rely, Tr V VMarris, P.E. Cc: David Grannis, Point C Carolyn Sutton, Point C Acceptance of Agreement Point C, LLC is hereby authorized to furnish all materials and labor as provided above to complete the specified scope of services, for which the City of Arroyo Grande agrees to pay the amount mentioned in this Agreement and according to the terms thereof. It is further acknowledged that this work involves public processes of a discretionary nature and, as such, Point C, LLC makes no guarantees or warranties regarding the outcome of any such processes. Accepted by: Date: .2013 City of Arroyo Grande Accepted by: Date: ,�5 2013 o' C, C Item 8.d. - Page 8