CC 2014-05-13_08.e. Agreement Traffic Way BridgeTO:
FROM:
BY:
SUBJECT:
DATE:
MEMORANDUM
CITY COUNCIL
GEOFF ENGLISH, PUBLIC WORKS DIRECTO~
JILL MCPEEK, SENIOR CONSULTANT ENGINEER
CONSIDERATION OF PROGRAM SUPPLEMENT AGREEME!\IT NO.
N016 TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 05-
5199R AND AUTHORIZATION TO DISTRIBUTE REQUESTS FOR
PROPOSALS FOR ENGINEERING DESIGN AND ENVIRONMENTAL
SERVICES FOR THE TRAFFIC WAY BRIDGE SCOUR
COUNTERMEASURES PROJECT
MAY 13,2014
RECOMMENDATION:
It is recommended the City Council:
1. adopt a Resolution authorizing the Mayor to execute Program Supplement
Agreement No. N016 to Administering Agency-State Agreement No. 05-5199R for
the Traffic Way Bridge Scour Countermeasures project; and
2. direct staff to prepare and distribute requests for proposals for consultant services to
provide engineering design and environmental services.
FINANCIAL IMPACT:
The City was successful in securing $66,398 of Local Highway Bridge Program (HBP)
funds for preliminary engineering work on the Traffic Way Bridge Scour
Countermeasures project. There is a 11.47% local match requirement of $8,602 which
is included in the City's FY 2013-14 capital improvement program budget. Execution of
the supplemental agreement enables the City to begin invoicing for reimbursement of
work performed.
BACKGROUND:
Scour is the hole left behind when sediment such as sand and rocks is washed away
from around a bridge's abutments (supports at each end of a bridge) or piers (pillars
supporting a bridge). Scour may undermine bridge foundations or remove the protection
from the abutment slopes thereby compromising the integrity of the structure. In the
case of the Traffic Way Bridge, scour is occurring along the middle piers where the
bottom of the channel is significantly lower than when the bridge was constructed in
Item 8.e. - Page 1
CITY COUNCIL
CONSIDERATION OF PROGRAM SUPPLEMENT AGREEMENT NO. N016 TO
ADMINISTERING AGENCY-STATE AGREEMENT NO. 05-5199R AND
AUTHORIZATION TO DISTRIBUTE REQUESTS FOR PROPOSALS FOR
ENGINEERING DESIGN AND ENVIRONMENTAL SERVICES FOR THE TRAFFIC
WAY BRIDGE SCOUR COUNTERMEASURES PROJECT
MAY 13,2014
PAGE2
1932, and runoff at the abutments is causing erosion of the abutment embankments. In
addition, there is drift debris accumulating on the upstream side of the middle piers.
Caltrans performs bi-annual inspections of all bridges throughout California. In a letter
accompanying the 2006 inspection report for the Traffic Way Bridge, it was noted that
Caltrans had identified the Traffic Way Bridge as being scour critical and that a Plan of
Action should be established. The letter and accompanying bridge inspection report
point out that the bottom of the channel has significantly lowered (approximately 12 feet)
since the structure was built in 1932 and that the channel thalweg (the lowest elevation
of the creek) has migrated toward one of the bridge's piers. The report also identifies
the presence of considerable drift debris, which has accumulated at several of the
bridge's piers.
In 2010, as recommended by Caltrans, the City had a Bridge Scour Evaluation-Plan of
Action report prepared by a consultant engineer. In this evaluation, the lowering (scour)
of the creek channel was confirmed and it was estimated that the capacity of some of
the bridge piers was only 2/3 of the design load. The Plan of Action recommended the
installation of scour countermeasures to protect the bridge from further damage and the
removal of drift debris at the piers. The implementation of scour countermeasures
should prevent any immediate need to replace or rehabilitate the bridge.
A grant application requesting funding to repair the damage caused by scour and to
mitigate the scour problem by constructing scour countermeasures was submitted by
the City to Caltrans in January 2012. As a result, the project is currently programmed
for 88.53% funding for both Preliminary Engineering ($75,000) and Construction
($420,000). Preliminary Engineering work includes environmental studies, NEPA
approval, final design, and other related work including the cost of advertising leading to
physical construction of a project. Construction work includes the actual cost to
construct the project itself, construction engineering, and administrative settlement of
cost for contract claims
The grant application identified a project start date in FY 2013/14 and on March 21,
2014, the City received authorization to proceed with Preliminary Engineering. This
allows the City to now secure a consultant team to conduct environmental studies and
to prepare plans, specifications and estimates for construction.
In order for a local agency to expend Federal or State funds· through the State
Transportation Improvement Program (STIP), it must enter into a general Master
Item 8.e. - Page 2
CITY COUNCIL
CONSIDERATION OF PROGRAM SUPPLEMENT AGREEMENT NO. N016 TO
ADMINISTERING AGENCY-STATE AGREEMENT NO. 05-5199R AND
AUTHORIZATION TO DISTRIBUTE REQUESTS FOR PROPOSALS FOR
ENGINEERING DESIGN AND ENVIRONMENTAL SERVICES FOR THE TRAFFIC
WAY BRIDGE SCOUR COUNTERMEASURES PROJECT
MAY 13,2014
PAGE3
Agreement with the State. The Master Agreement contains general prov1s1ons and
identifies responsibilities of each agency for any State funded project. Once a Master
Agreement is in place, the City and the State can enter into a Program Supplemental
Agreement, which is a project-specific agreement that is incorporated in the Master
Agreement. The City entered into the Master Agreement on November 13, 2008.
ANALYSIS OF ISSUES:
The most recent Caltrans Bridge Inspection Report (October 2012) listed the work
recommendations for scour as follows:
• Investigate and provide adequate scour countermeasures
• Back fill erosion and construction drainage system on both abutments
• Remove the drift debris accumulating on the upstream side of bents 4 and 5
Because there are various scour countermeasures that can be constructed and due to
the environmental process that will be required for work to be performed within the
creek channel, a consultant team that specializes in this type of work is recommended
to perform these tasks.
The procurement of the consultant team will be performed in accordance with Federal-
aid funding requirements. This will require the City to award any engineering and design
contracts on the basis of fair and open competitive negotiations, demonstrated
competence, and professional qualifications.
Caltrans has authorized the City to expend $75,000 for Preliminary Engineering for the
Traffic Way Bridge Scour Countermeasures project which includes the costs in securing
a consultant team. Before the City can begin invoicing for reimbursement of the work
performed, a supplemental agreement must be executed. A resolution must be adopted
by the City Council that clearly identifies the official authorized to execute the Program
Supplemental Agreement No. N016.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
• Adopt a Resolution approving Program Supplemental Agreement No. 016, and
authorize staff to distribute RFPs to qualified consultants;
Item 8.e. - Page 3
CITY COUNCIL
CONSIDERATION OF PROGRAM SUPPLEMENT AGREEMENT NO. N016 TO
ADMINISTERING AGENCY-STATE AGREEMENT NO. 05-5199R AND
AUTHORIZATION TO DISTRIBUTE REQUESTS FOR PROPOSALS FOR
ENGINEERING DESIGN AND ENVIRONMENTAL SERVICES FOR THE TRAFFIC
WAY BRIDGE SCOUR COUNTERMEASURES PROJECT
MAY 13,2014
PAGE4
• Do not adopt a Resolution approving Program Supplemental Agreement No. 016,
or authorize staff to distribute RFPs to qualified consultants;
• Adopt a Resolution approving Program Supplemental Agreement No. 016, but do
not authorize staff to distribute RFPs to qualified consultants; or
• Provide direction to staff.
ADVANTAGES:
Approving the Program Supplement Agreement will allow the City to request 88.53%
reimbursement for Preliminary Engineering expenditures on the Traffic Way Bridge
Scour Countermeasures project. Procuring a consultant team that specializes in this
type of bridge work will ensure the project progresses through the development process
smoothly and thoroughly. Implementing scour countermeasures will help prevent an
immediate need to replace or rehabilitation the bridge.
DISADVANTAGES:
The Traffic Way Bridge Scour Countermeasures project will require some time and
effort of existing City staff. If Preliminary Engineering work is not completed in a timely
manner, it is possible that the grant funding could be de-obligated by Caltrans.
ENVIRONMENTAL REVIEW:
The Preliminary Engineering work being requested in this staff report includes
environmental studies and National Environmental Policy Act (NEPA) compliance with
Caltrans as the lead agency. The City will be the lead agency for California
Environmental Quality Act (CEQA) compliance and an environment determination will
be presented to Council at the time of approval of plans, specifications and estimates
and authorization to solicit construction bids.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, May 8, 2014. The Agenda
and staff report were posted on the City's website on Friday, May 9, 2014. No public
comments were received.
Item 8.e. - Page 4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING PROGRAM SUPPLEMENT NO. N016 TO
ADMINISTERING AGENCY -STATE AGREEMENT NO. 05-5199R FOR
THE TRAFFIC WAY BRIDGE SCOUR COUNTERMEASURES
PROJECT
WHEREAS, the City and the State have entered into Administering Agency-State
Agreement for Federal Aid Funded Projects No. 05-5199R; and
WHEREAS, Program Supplement No. N016 to the Administering Agency-State
Agreement for Federal Aid Funded Project No. 05-5199R designates the State and/or
Federal funds requested and the matching funds to be provided by the City of Arroyo
Grande for the Traffic Way Bridge Scour Countermeasures Project; and
WHEREAS, the City of Arroyo Grande is eligible to receive State and/or Federal funds.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo
Grande hereby:
1. Approves Exhibit A attached, entitled "Program Supplement Agreement No.
N016, to Administering Agency-State Agreement for Federal-Aid Projects No. 05-
5199R".
2. Appoints the Mayor as the official representative authorized to sign the Program
Supplement Agreement.
On motion of Council Member , seconded by Council Member
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this _______ day of
_______ 2014.
Item 8.e. - Page 5
RESOLUTION NO.
PAGE2
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.e. - Page 6
PROGRAM SUPPLEMENT NO. N016
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO 05-5199R
EXHIBiT A
Adv Project ID Date: April1, 2014
0512000132 Location: 05-SL0-0-ARGD
Project Number: BHLS-5199(028)
E.A. Number:
Locode: 5199
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on 11/13/08 and is subject to all the terms and
conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master
Agreement under authority of Resolution No. approved by the Administering Agency on
(See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from
sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special
covenants or remarks set forth on the following pages.
PROJECT LOCATION:
Traffic Way Bridge Scour Countermeasures-Br. No. 49C-0318
TYPE OF WORK: Bridge Scour Repair and Counter-Measure LENGTH: O.O(MILES)
Estimated Cost Federal Funds
i M240 $66,398.00
$75,000.001
-----------=c~--:--o--=---:---··---·-----Matching F~nds
LOCAL
$8,602.oo;
!
OTHER
SiO.OO
CITY OF ARROYO GRANDE STATE OF CALIFORNIA
Department of Transportation
By
Title
Date
Attest
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
----------~-=::::::::====-U--1 2-{. I U , Accounting Officer C ~ Date 'I · $66.398.00
Chapter · Statutes Item Year Program BC Category Fund Source ! AMOUNT
Program Supplement 05-5199R-N016-ISTEA Page 1 of 3
Item 8.e. - Page 7
05-SL0-0-ARGD
BHLS-5199(028)
SPECIAL COVENANTS OR REMARKS
04/01/2014
1. The ADMINISTERING AGENCY will advertise, award and administer this project m
accordance with the current published Local Assistance Procedures Manual.
2. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no further State or Federal funds are needed for those future
phase(s).
3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every
six months commencing after the funds are encumbered for each phase by the execution
of this Project Program Supplement Agreement, or by STATE's approval of an applicable
Finance Letter. STATE reserves the right to suspend future authorizations/obligations for
Federal aid projects, or encumberances for State funded projects, as well as to suspend
invoice payments for any on-going or future project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month
period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures" within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual.
4. The Administering Agency shall not discriminate on the basis of race, religion, age,
disability, color, national origin, or sex in the award and performance of any Federal-
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted
contracts. The Administering Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement,
including but not limited to timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
5. Any State and Federal funds that may have been encumbered for this project are
Program Supplement 05-5199R-N016-ISTEA Page 2 of 3
Item 8.e. - Page 8
05-SL0-0-ARGD
BHLS-5199(028)
SPECIAL COVENANTS OR REMARKS
04/01/2014
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable funds that is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
6. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of project contract award and prior to the
submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Please refer to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
7. As a condition for recervmg federal-aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Exclusion List. Exclusions can be
found at www.sam.gov.
Program Supplement 05-5199R-N016-ISTEA Page 3 of 3
Item 8.e. - Page 9
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF {REV. 0112010)
TO: STATE CONTROLLER'S OFFICE
Claims Audits
FROM:
3301 "C" Street, Rm 404
Sacramento, CA 95816
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR I LOCAL AGENCY:
City of Arroyo Grande
CONTRACT AMOUNT:
$66,398.00
PROCUREMENT TYPE:
Local Assistance
CHAPTER STATUTES ITEM
20 2013 2660-102-0890
YEAR
2013-2014
Page_of
DATE PREPARED: PROJECT NUMBER:
1-Apr-14 0512000132
REQUISITION NUMBER I CONTRACT NUMBER:
RQS 051400000324
PEG I PECT TASK I SUBTASK AMOUNT
2030010/300 2240/0600 $66.398.00
ADA Nof/or individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 65L-6410 oiTDD (916) -3880 or write
1 Records and Forms Management, 1120 N. Street, MS-89. Sacramento, CA 95814.
_ _j
Item 8.e. - Page 10