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