HomeMy WebLinkAboutCC AG PKT 2012-07-23 #L 4•57*-e
AGENDA STAFF REPORT <=' it
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DATE: July 23, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby, Assistant City Manager/Public Works
SUBJECT: 405 FREEWAY WIDENING CONSULTING SERVICES
CONTRACT AMENDMENT
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6298 amending two (2) contract
agreements:
1. Environmental Impact Sciences for an additional $25,000
2. W.G. Zimmerman Engineering, Inc. for an additional $10,000.
BACKGROUND AND ANALYSIS:
At the February 27, 2012 City Council meeting, the City Council awarded two (2)
contract agreements for the OCTA 405 freeway widening project with EIS for
$20,000 and Zimmerman for $20,000.
OCTA's 405 Widening Project
The Orange County Transportation Authority (OCTA) is planning to widen the I-
405 Freeway between SR73 and the 1-605 Freeway. This project is in the
planning stages and is planned to begin construction following completion of the
West County Connectors project that is currently in construction. OCTA is near
completion with preparation of an Environmental Impact Report/ Environmental
Impact Statement (EIR/EIS). This report was prepared to comply with
requirements from the California Environmental Quality Act (CEQA) — the
deadline to submit comments was July 17, 2012.
The project has three alternatives that have been discussed. The alternatives
are briefly outlined as follows:
Alternative 1: Add One General Purpose Lane in Each Direction
• Adds a single general purpose lane in each direction of the 1-405 freeway
from Euclid Street to the 1-605 interchange; and
• Interchange improvements within the project limits
Agenda Item- L
Build Alternative 2: Add Two General Purpose Lanes in Each Direction
• Adds two general purpose lanes in each direction of the 1-405 freeway
from Euclid Street to the 1-605 interchange; and
• Interchange improvements within the project limits
Build Alternative 3: Express Facility Alternative
• Adds one toll lane to the existing carpool lane that will be managed
together (Federal Highway Administration tolling authority required);
• Adds a single general purpose lane in each direction of the 1-405 freeway
from Euclid Street to the 1-605 interchange; and
• Interchange improvements within the project limits
Since the 45 day review process started on May 18, 2012, City staff and
consultants have performed work over and above their initial contract scope of
work. Staff has asked the consultant to attend numerous public meetings and
offsite meetings. These extended services were due to additional meetings
OCTA allowed for the City of Seal Beach and OCTA extending the EIR deadline
date by 15 days to July 17, 2012.
This agenda item is requesting a contract amendment to add additional scope of
services which include but not limited to:
WG Zimmerman Engineering $10,000
• Attend public meetings and workshops
• Prepare presentation materials
• Attend and represent City at OCTA project development meetings
• • Review and comment on the 405 Freeway EIR
• Prepare additional alternative alignments
Environmental Impact Sciences $25,000
• Attend public meetings and workshops
• Prepare staff reports and additional written work products
• Provide technical comments
• On-call services with respect to any and all of the 405 EIR response effort
The above said additional services total to $35,000.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attorney approved as to form.
Page 2
FINANCIAL IMPACT:
This agenda item is requesting professional consulting services from two (2)
firms, EIS for $25,000 and Zimmerman for $10,000.
This item was not budgeted in the approved FY 12/13 budget. In the approved
budget, $132,112 of Traffic Impact Fees is available. The above said services
are directly related to Traffic Impact Fees.
Staff recommends funding the combined services of EIS and Zimmerman, a total
amount of $35,000, from the traffic Impact Fees. This will leave a remaining
balance of$97,112.
(See agenda item "D"— Budget Modification No. 13-01-01)
RECOMMENDATION:
It is recommended City Council adopt Resolution No. 6298 amending two (2)
contract agreements:
1. Environmental Impact Sciences for an additional $25,000
2. W.G. Zimmerman Engineering, Inc. for an additional $10,000.
SUBMITTED BY: NOTED AND APPROVED:
//r
Sean P. Crumby, P.E. OP- . Ingram, Ci t .nager
Assistant City Manager/Pu AI Works
Prepared by: Michael Ho, City Engineer
Attachments:
A. Resolution No. 6298
B. Contract Amendment EIS
C. Contract Amendment Zimmerman
Page 3
•
RESOLUTION NUMBER 6298
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING TWO AMENDMENTS TO ENVIRONMENTAL
IMPACT SCIENCES AND W.G. ZIMMERMAN ENGINEERING,
INC. FOR CONSULTING SERVICES FOR THE 405 FREEWAY
WIDENING
•
WHEREAS, on February 27, 2012 City Council meeting Council awarded two(2)
contract agreements for the OCTA 405 freeway widening project with EIS for
$20,000 and Zimmerman for$20,000.
WHEREAS, the City desires to add additional services to Environmental Impact
Sciences and W.G. Zimmerman Engineering Inc. for but not limit to, attending
public meetings and workshops, preparing presentation materials, attending and
representing the City at OCTA project development meetings, reviewing and
commenting on the 405 Freeway EIR, preparing additional alternative alignments
and on-call services with respect to any and all of the 405 EIR.
WHEREAS, this agenda item is requesting a contract amendment to add
additional scope of services.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. That the City Council hereby amends the agreement with
Environmental Impact Sciences for an additional $25,000 and direct the City
Manager to execute.
SECTION 2. That the City Council hereby amends the agreement with W.G.
Zimmerman Engineering Inc. for an additional $10,000 and direct the City
Manager to execute.
SECTION 2. The City Council hereby authorizes and directs the City Manager to
execute the amendment on behalf of the City.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 23rd day of July , 2012 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Mayor
ATTEST:
City Clerk
Resolution Number 6298
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6298 on file
in the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 23rd day of July , 2012.
City Clerk
AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT
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City of Seal Beach
211 - 8th Street
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Seal Beach, CA 90740
Environmental Impact Sciences
26051 Via Concha
Mission Viejo, CA 92691-5614
949.837.1195 phone
949.837.3935 Fax
THIS AMENDMENT is made as of July 23, 2012, by and between the City of Seal
Beach, a California charter city ("City"), and Environmental Impact Sciences.
("Consultant").
1 of 3
RECITALS
A. WHEREAS, on February 27, 2012, the City Council approved a
professional services agreement ("Agreement") with Consultant; and
B. WHEREAS, the parties would like to amend the Agreement to increase
Consultant's compensation by $25,000.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
1. Section 3 (Consultant's Compensation) of the Agreement is hereby
amended to increase Consultant's compensation by $25,000 to read as follows:
"3.0 Consultant's Compensation. City will pay Consultant in accordance
with the hourly rates shown on the fee schedule included in Exhibit A but
in no event will the City pay more than $45,000. Any additional work
authorized by the City pursuant to Section 1.4 will be compensated in
accordance with the fee schedule."
2. Except as amended herein, the terms and provisions of the Agreement
shall remain in full force and effect.
3. The City Clerk is hereby directed to attach to the Agreement this
Amendment as Exhibit B thereto and the attached proposal dated July 2, 2012 as
Exhibit C thereto after this Amendment has been fully executed by the parties.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Amendment as of the date first written above.
2 of 3
CITY OF SEAL BEACH CONSULTANT:
By: By: l �->>9
Jill R. Ingram, City Manager
Name: CE- 2 LEIN)A4j0gAlS k I
Attest:
Title: II2'``" `-'1°�1`
By:
Linda Devine, City Clerk
Name:
Approved as to Form:
Title:
By:
Quinn M. Barrow, City Attorney
3 of 3
/, Environmental Impact Sciences
26051 Via Concha
Ara Mission Viejo,California 92691.5614
0`f�J 949.837.1195 949.837.3935 Fax
July 2, 2012
Sean Crumby, P.E.
Assistant City Manager/Director of Public Works
City of Seal Beach
211 Eighth Street
Seal Beach, California 90740
Change Order No. 1 CEQA/NEPA Third-Party Review
California Department of Transportation/Orange County Transportation Authority
San Diego Freeway (1-405) Improvement Project
Dear Sean:
Environmental Impact Sciences (EIS) appreciates the opportunity to work cooperatively with
the Public Works Department (Department) in reviewing and formulating comments on the
California Department of Transportation's (Caltrans) and the Orange County Transportation
Authority's (OCTA) "Draft Environmental Impact Report/Environmental Impact Statement— San
Diego Freeway Improvement Project, Orange and Los Angeles Counties, California, SCH
• #2009091001" (DEIR/S). In our January 26, 2012 proposal, our budget specified attendance at
one (1) meeting with City of Seal Beach (City) staff and was based on a specified level of
service (as dictated by the contract amount and specified billing rates). The scope of service
and attendant budget was prepared in advance of the release of the DEIR/S and, as you may
recall, the contract amount was less than EIS had indicated as the minimal amount required in
order to perform a third-party review (minimum of $25,000). Aware of the evolving nature of
similar undertakings, our proposal specified that"any additional efforts or expenditures that may
be requested by the City and beyond this stated work program constituted 'out of scope'
activities and will be billed in accordance with the rates and terms specified therein."
Within the critical time limits imposed by the Department for the completion of our work effort
and the pressing deadline established by Caltrans, there was not sufficient time to previously
submit individual change order requests for work performed in exceedance of our contract.
Now that our analysis of the DEIR/S has been submitted, EIS kindly requests that the City's
approve a change order to provide reasonable compensation for the "out-of-scope" work that
has been requested, including attendance at five (5) meetings with Department staff and the
additional labor hours that have been expended in the completion of our third-party review. In
addition, because of the significance of this project to the City and the likely need for further
participation, if such participation where to be deemed beneficial, EIS requests a budget
augmentation for any future work that the City may determine to be necessary or appropriate
with regards to the 1-405 Improvement Project.
Presented herein is a requested budget augmentation (Change Order No. 1) for the additional
work requested by the Department and for the next phase of the City's ongoing efforts to
reasonably ensure that Caltrans and the OCTA address the community's concerns.
Sean Crumby, Assistant City Manager/Director of Public Works
San Diego Freeway Improvement Project
Change Order No. 1
July 2, 2012
Page 2
Change Order No. 1
Task CO1.1: Meeting Attendance. EIS has attended five (5) meetings with Department staff
and has been asked to attend an additional meeting next week. Although the precise number of
future meetings cannot be estimated at this time, the level of public concern and the ongoing
nature of the environmental process suggest that attendance at future meetings may be
required. This budget request assumes attendance at a total of eight (8) meetings, inclusive of
those now scheduled and those which have already been conducted.
Task CO1.2: Staff Report and Additional Written Work Products. As requested, EIS has
prepared additional supportive documentation in order to assist Department staff and others
dissemination information concerning the proposed project. This task assumes only work
completed to date. Any similar work effort would be completed as part of Task CO1.4 (Future
On-Call Services) below.
Task CO1.3: Technical Comments. The DEIR/S was more extensive that could have been
envisioned, the deficiencies with the document more substantial than would be expected, and
the work effort to prepare a reasonably complete product more encompassing than could be
completed within the assigned budget. Based on discussions with Department staff and after
listening to the level of public opposition, it became evident that the level of review needed was
not merely a cursory assessment but required the preparation of a legally decisive challenge to
the document's adequacy. EIS believes that the work produce submitted could support
winnable litigation should the City elect to pursue that remedy.
Task CO1.4: Future On-Call Services. EIS cannot precisely know what to expect because the
City is still in discussions with the OCTA and because the City has yet to determine its future
course of action. As a result, this added task serves as a general "placeholder" with an
assigned budget based on a further expenditure of an assigned number of labor hours. Should
the City not require any additional support services, these funds would remain unexpended;
however, if something more were to be required, a budget would be available to promptly
respond to any future Departmental requests.
Not-to-Exceed Cost(Change Order No. 1)
The following tasks comprise this change order request:
■ Task CH1.1: Meeting Attendance $ 6,825
■ Task CH1.2: Staff Report and Additional Written Work Products 1,850
■ Task CH1.3: Technical Comments 8,925
■ Task CH1.4: Future On-Call Services 7 40
Total Not-to-Exceed Cost: $25,000
•
All work will be billed on a time-and-material and cost-plus basis in accordance with the rates
and terms specified in EIS' Standard Rate Schedule. Unless explicitly identified herein or in any
supplement hereto, any additional efforts or expenditures that may be requested by the City
constitutes "out of scope" activities and will be billed in accordance with the rates and terms
specified therein.
Sean Crumby, Assistant City Manager/Director of Public Works
San Diego Freeway Improvement Project
Change Order No. 1
July 2, 2012
Page 3
Unless otherwise amended, the "limitation" outlined in our January 16, 2012 proposal remain in
force. EIS can again offer no assurances or guarantees that the efforts expended on the City's
behalf will produce the desired results. EIS will, however, continue to provide the high-quality
work products that the City has previously received from our firm and will professionally
represent the Department in all our assigned endeavors.
Should you have any questions concerning this change order request, please feel free to
contact me at (949) 837-1195.
Sincerely,
X15
Peter Lewandowski
Principal --
AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT
between
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City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
W.G. Zimmerman Engineering, Inc.
5772 Bolsa Avenue, Suite 200
Huntington Beach, CA 92647
714 799-1700 Phone
714 799-1701 Fax
THIS AMENDMENT is made as of July 23,2012, by and between the City of Seal
Beach, a California charter city ("City"), and W. G. Zimmerman Engineering, Inc.
("Consultant").
1 of 3
RECITALS
A. WHEREAS, on February 27, 2012, the City Council approved a
professional services agreement ("Agreement") with Consultant for engineering
services; and
B. WHEREAS, the parties would like to amend the Agreement to increase
Consultant's compensation by $10,000.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
1. Section 3 (Consultant's Compensation) of the February 27, 2012
Agreement is hereby amended to add $10,000 to Consultant's compensation to read as
follows:
"3.0 Consultant's Compensation. City will pay Consultant in accordance
with the hourly rates shown on the fee schedule included in Exhibit A but
in no event will the City pay more than $30,000. Any additional work
authorized by the City pursuant to Section 1.4 will be compensated in
accordance with the fee schedule."
2. Except as amended herein, the terms and provisions of the Agreement
shall remain in full force and effect.
3. The City Clerk is hereby directed to attach to the Agreement this
Amendment as Exhibit B thereto and the attached proposal dated June 25, 2012 as
Exhibit C thereto after this Amendment has been fully executed by the parties.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Amendment as of the date first written above.
2 of 3
CITY OF SEAL BEACH CONSULTANT:
By: B
Y By:
Jill R. Ingram, City Manager Ill l e,
Attest:
Title: P(ebjo
By:
Linda Devine, City Clerk
Name:
Approved as to Form:
Title:
By:
Quinn M. Barrow, City Attorney
3 of 3
June 25, 2012
Sean Crumby, P.E.
Assistant City Manager/Director of Public Works
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Re: Contract Amendment Request
405 MIS Environmental Review Support Services
Dear Mr. Crumby:
W.G. Zimmerman Engineering Inc., is respectfully submitting this Contract Amendment request
for additional services in conjunction with the 1-405 Environmental Review.
These services include the following items:
• Attend Elected Officials Meeting with State Senator Harman and Representative Silva.
• Attend Public Workshops.
• Prepare Presentation Materials (Boards).
• Attend and represent City at OCTA project meetings.
• Review and comment on the 405 MIS Environmental Document.
• Prepare additional alternative alignments.
Our Contract Amendment request is based upon a time and materials basis, not-to-exceed
$10,000 including ODC's.
We look forward to continue working with the City on this important project. If you have any
questions, please do not hesitate to contact me at 714.799.1700 ext. 11.
Respectfully submitted,
W.G. Zimmerman Engineering, Inc.,
Bill Zimmerman. P.E., T.E., PTOE
President
W.G.Zimmerman Engineering, Inc.
1/��
Y V G Z E Huntington Beach, CA 92649
(714) 799-1700/(714) 799-1701 Fax