REPORT TO THE CITY COUNCIL
December 17, 2015
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH: ROBERT N. ANDERSEN, PE, Assistant Director
Public Works Department, Capital Management Division
RANDY BELL, PE, Capital Projects Manager
Public Works Department, Capital Management Division
BY: BRADLEY KERNER, PE, Supervising Professional Engineer
Public Works Department, Capital Management Division
SUBJECT
Title
Approve an amendment to the agreement with Mark Thomas & Company Inc. (MTCo) for additional professional engineering services for the Veterans Boulevard Grade Separation and State Route 99 Freeway Interchange project for a net increase of $401,572 (Council District 2).
Body
RECOMMENDATION
It is recommended that the Council take the following actions:
1. Approve the attached Third Amendment to the Agreement with MTCo for additional professional engineering services for the Veterans Boulevard Grade Separation and State Route 99 Freeway Interchange project, for the net increase of $401,572;
2. Authorize the Public Works Director or his designee to sign the Amendment to Agreement on behalf of the City of Fresno.
EXECUTIVE SUMMARY
On October 8, 2015, the Council approved an amendment with the Fresno County Transportation Authority (FCTA) to transfer available right-of-way funds to the engineering design phase, in order to fund a design modification to the overpass spanning the Union Pacific Railroad and the future High Speed Rail corridor. Staff and the California High Speed Rail Authority (CHSRA) have reached agreement on a change in track alignment which will result in an underpass at Herndon Avenue, thus providing an additional grade separation in the City of Fresno. To accommodate this change in track alignment, a redesign of the above stated construction documents prepared by MTCo is required. An amendment to the existing contract is needed to account for the additional $401,572 in design costs for modifications to the current bridge plans. Approval of this consultant agreement amendment will allow the project to move forward with final design, bid documents and advertisement for construction bids.
BACKGROUND
Construction of Veterans Boulevard, originally known as the Herndon-Grantland Diagonal, has long been a goal of the City of Fresno, as illustrated in the 1984 and 2025 General Plans. In FY2006, the City undertook the preparation of a Project Study Report using approximately $500,000 in local funds, to take the first step in the Caltrans process toward the ultimate development of the interchange. In November 2006, the 20 year extension of Measure C was passed by the voters of Fresno County. The adopted Measure “C” Expenditure Plan, which accompanied the ballot measure, included Veterans Boulevard as a Tier 1 Regional Project to be funded with a combination of Regional Measure “C”, State Transportation Improvement Program (STIP) funds, Federal Transportation Funds and Regional Transportation Mitigation Fees (RTMF).
On December 11, 2011, the Council approved the First Amendment to the Cooperative Agreement with the Fresno County Transportation Authority (FCTA) for the Veterans Boulevard/State Route 99 Interchange and Grade Separation, Urban Project N-1. The amendment provided authorization from FCTA for $8.8 million for the Plans Specifications & Estimate or final design phase of the project.
On July 19, 2012, the City Council approved a Consultant Services Agreement with MTCo in the amount of $5,489,621 with a contingency of $500,000 for the completion of Caltrans project PS&E for the Veterans Boulevard/State Route 99 Interchange and UPRR Grade Separation Project.
On October 10, 2012, the City entered into a Second Amendment to the Cooperative Agreement with the FTCA to draw down the balance of the funds set aside for the Veterans Boulevard project. Said funds allowed the project to proceed to the Right-of-Way (ROW) Phase of the approved Measure C Regional Transportation Program funding for the transportation improvement Project N-1 Urban, Veterans Boulevard/SR-99 Interchange and Grade Separation Project.
On September 12, 2013, the City Council approved the First Amendment to the MTCo Consultant Services Agreement in the amount of $499,813. This amendment separated out the Veterans Boulevard/CHSRA/UPRR grade separation as a standalone project with the understanding that 100% of the construction costs would be funded by the CHSRA. The major elements of the created standalone project are:
• Construction of the Veterans Boulevard structure over the CSHRA and UPRR tracks
• Temporary connection of Veterans Boulevard to Golden State Boulevard
• Construction of the center two travel lanes of West Bullard Avenue from Carnegie Avenue to Veterans Boulevard
• Closing of Carnegie Avenue at the UPRR crossing
• Landscape/erosion control and replacement planting
On November 21, 2013, Council approved the Third Amendment to Cooperative Agreement with the FTCA which provided additional funding in the amount of $3,421,000 bringing the total “not to exceed” amount of allocated project funding to $29,556,000 of Measure C funds (Original and Extension) and Regional Transportation Mitigation Fee (“RTMF”) funds.
On January 30, 2015, the City executed the Second Amendment to the MTCo Consultant Services Agreement in the amount of $8,539. This amendment provided for the performance of a preconstruction Focused Bat Roosting Survey and Protocol Level Burrowing Owl Survey, and the preparation of a Biological Survey Report. This additional work was a requirement of the Final Environmental Impact Report/Environmental Assessment for the Veterans Boulevard/State Route 99 Interchange Project/Veterans Boulevard Grade Separation Project. This amendment was funded by the contingency funds of the original Consultant Services Agreement.
On October 8, 2015, Council approved the Fourth Amendment to the Cooperative Agreement with the FTCA which allowed for the transfer of excess ROW funds to the under-funded PS&E portion of this project. The transfer of these funds will have no negative impact upon the ROW acquisition process.
Following Council approval of this Third Amendment to the MTCo Consultant Services Agreement, MTCo will be provided a notice to proceed with the design modifications to the grade separation over the future CHSRA and UPRR tracks project described in the First Amendment to the MTCo Consultant Services Agreement.
Staff recommends at this time that the Council approve the Third Amendment to the MTCo Consultant Services Agreement. The Amendment has been approved as to form by the City Attorney's Office.
ENVIRONMENTAL FINDINGS
The proposed project is a joint project by the Caltrans and the Federal Highway Administration, and is subject to state and federal environmental review requirements. Project documentation; including an EIR, have been prepared in compliance with both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Caltrans is the lead agency under National Environmental Policy Act. Caltrans is the lead agency under California Environmental Quality Act. In addition, Federal Highway Administration’s responsibility for environmental review, consultation, and any other action required in accordance with applicable Federal laws for this project is being, or has been, carried out by Caltrans under its assumption of responsibility pursuant to 23 United States Code 327.
LOCAL PREFERENCE
Local preference is not implicated because this project is funded with State and Federal money.
FISCAL IMPACT
Approval of this Third Amendment will have no fiscal impact upon the General Fund. Funding will come from a redistribution of Measure “C” funds from the Right-of-Way Phase to the PS&E Phase, as previously approved by the Council.
Attachment:
Amendment Three to MTCo Consultant Services Agreement