HomeMy WebLinkAbout08 CONT AMEND RED HILL GRADE SEP 06-02-09Agenda Item ~
/'" \ Reviewed:
.:. ~ ~ vv/
AGENDA REPORT City Manager
-~~=> ' ~ Finance Director
MEETING DATE: JUNE 2, 2009
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: TIM D. BEREFT, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AMENDMENT NO. 3 TO CONSULTANT SERVICES AGREEMENT WITH
MOFFATT AND NICHOL FOR ADDITIONAL PRELIMINARY
ENGINEERING/PLANNING FOR THE RED HILL AVENUE GRADE
SEPARATION AT OCTA/SCRRA RAILWAY/EDINGER AVENUE (CIP No. 7175)
SUMMARY
Amendment No. 3 to the Consulting Services Agreement between the City and Moffatt and Nichol
(M & N) will provide for additional preliminary engineering/planning for the Red Hill Avenue Grade
Separation at OCTA/SCRRA Railway/Edinger Avenue (CIP No. 7175).
RECOMMENDATION
It is recommended that the City Council approve Amendment No. 3 to the Consultant Services
Agreement with Moffatt and Nichol to provide additional professional services for the Red Hill
Avenue Grade Separation at OCTA/SCRRA Railway/Edinger Avenue (CIP No. 7175) and authorize
the Mayor and City Clerk to execute the Amendment on behalf of the City.
FISCAL IMPACT
The current Capital Improvement Program Budget provides project funding of $1,812,236 for
engineering/planning services. The budgeted funds consist of Measure "M" Turnback funds,
Measure "M" Growth Management Area 7 funds, Measure "M" Competitive funds, and Regional
Surface Transportation Program funds (Federal Funds)/State Transportation Program funds. The
current contract amount is $496,718. Amendment No. 3 is in the amount of $77,747 which will bring
the total contract cost to $574,465. There is sufficient project funding to cover this cost. All
consultant costs for preliminary engineering/planning, including those associated with Amendment
No. 3, will be reimbursed to the City under the Regional Surface Transportation Program funds or
Measure "M" Growth Management Area 7 funds. The remaining budgeted funds are reserved for
final design.
DISCUSSION
After reviewing a total of six alternatives with our consultant, a seventh and eighth alternative
became apparent. Alternative 7 proposes a rail flyover to raise the railroad tracks over Red Hill
Avenue. Alternative 8 is a variation of lowering Red Hill Avenue as much as possible to avoid
conflicts with utilities to provide adequate vertical clearance over Red Hill Avenue and a rail flyover.
Red Hill Avenue Grade Separation, CIP No. 7175
June 2, 2009
Page 2
Staff requested that M&N submit a proposal to fully analyze these two additional alternatives and
prepare a comprehensive document that includes all of the studies prepared to date. The scope of
work is outlined in their proposal dated February 5, 2009 (attached). Staff anticipates that the
additional services will be completed by fall 2009.
Staff has reviewed M&N's proposal and found it to be fair and reasonable for the work to be
performed. The City Attorney has reviewed the Amendment and approved it as to form.
~f•J~c%~
Tim D. Serlet
Director of Public Works/City Engineer
ana R. Kasdan
Engineering Services Manager
Attachments: Amendment No. 3
Moffatt & Nichol proposal dated February 5, 2009
TDS: DRK: ccg: Amend #3 to CSA Moffatt & Nichol.doc.
AMENDMENT N0.3
TO
CONSULTANT SERVICES AGREEMENT
THIS AMENDMENT NO. 3 TO CONSULTANT SERVICES AGREEMENT
("Amendment No. 3") is made and entered into this day of , 2009, by and
between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City",
and MOFFATT AND NICHOL, a California corporation, hereinafter referred to as
"Consultant."
RECITALS
WHEREAS, City and Consultant entered into the Consultant Services Agreement
dated March 21, 2005, (the "Agreement") for Preliminary Engineering/Planning for the Red
Hill Avenue Grade Separation at OCTA/SCRRA Railway/Edinger Avenue (CIP No. 7175) in
the amount of $379,908; and
WHEREAS, Amendment No. 1 in the amount of $12,600 was approved on
September 13, 2006 to provide additional Socio-Economic studies to support the
Preliminary Environmental Study (PES); and
WHEREAS, Amendment No. 2 in the amount of $104,210 was approved on June
5, 2007 to provide Preliminary Engineering/Planning for an Alternative 6; and
WHEREAS, City and Consultant desire to amend Section 4 of the Agreement to
include additional Professional Engineering/Planning for the Red Hill Avenue Grade
Separation to OCTA/SCRRA Railway/Edinger Avenue (CIP No. 7175) in the amount of
$77,747.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
conditions contained herein, and upon the terms and conditions hereinafter set forth, the
parties agree as follows:
AGREEMENT
1. Section 4. Comaensation, of the Agreement is hereby amended in its
entirety to read as follows:
A. The compensation to be paid under this Agreement shall be as set
forth in Exhibit "B" to the Agreement dated March 21, 2005 and the
proposal from Moffatt and Nichol, dated February 5, 2009, attached
hereto, which combined shall not exceed a total cost of $574,465.
B. Consultant shall submit detailed invoices, based upon the actual
work performed, accompanied by backup documentation as
requested by the City.
C. Progress payments for work completed shall be paid by the City as
the work progresses, within thirty (30) days of receipt of Consultant's
invoice.
D. Consultant shall provide City with a monthly itemization of all work
performed and the fees accrued thereon, in complete and sufficient
detail to fully apprise City thereof.
E. City shall notify Consultant within ten (10) business days after receipt
of an invoice if it disputes all or some element of the invoice. City
and Consultant shall promptly attempt to effect a resolution of any
dispute. Notwithstanding the foregoing, City shall pay the undisputed
portion of any invoice.
2. Except as expressly amended herein, all other provisions of the
Agreement remain in full force and effect.
IN WITNESS WHEREOF, this Amendment No. 3 was executed by the parties on
the day and year written above.
"CITY°
CITY OF TUSTIN
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
~;
Dou as C. Holland, City A orney
Doug Davert, Mayor
"CONSULTANT"
MOFFATT AND NICHOL
Eric A. Nichol, President
\/\~MOFFATT & NICHOL
February 5, 2009
City of Tustin
300 Centennial Way
Tustin, CA 92780-3715
Attn: Dana Kasdan
Subj: Red Hill Avenue Grade Separation
Request for Amendment No.3
M&N File No. 5627\COT-IOL.doc
Dear Dana:
r~ ~ ~ ~/
FHB ~ ~ X099
Attached for your review and consideration is the scope of work and associated fee addressing
the additional services requested for the above referenced project. This scope and fee cover the
expenses incurred as of January 26, 2009, as well as additional hours required to bring all the
proposed alternatives to the same level of detail. This effort includes presentation of the
proposed alternatives during meetings with members of the City Council.
After a careful review of the original contract scope and budget, including the Amendment for
Alternative 6, we feel that there is an opportunity to re-allocate some of the funds to cover some
of the new work. However, please keep in mind that not all of the scope items have been
completed.
The following items of the original scope have not been completed:
• Project Management and coordination
• Preparation of final Preliminary Engineering Study Report
• Remaining budget: $8, 621
The following items of the Alternative 6 amendment scope have not been completed:
• Project Management and coordination
• Preparation of Alternative 6 write up and cost estimate for Preliminary Engineering
Study Report
• City Council meeting presentation materials
• Remaining budget: $27,392
3780 Kilroy Airport Way, Suite 600, Long Beach, CA 90806 • (562) 426-9551 Fax (562) 424-7489
~/~~MOFFATT & NICHOL
If you have any questions, please do not hesitate to contact me at (714) 979-2055.
Sincerely,
MOFFATT & NICHOL
Malgorzata S. Nichol, PE
Project Manager
Enclosures
cc: file
3780 Kilroy Airport Way, Suite 600, Long Beach, CA 90806 • (562) 426-9551 Fax (562) 424-7489
RED HILL GRADE SEPARATION -ALTERNATIVE DEVELOPMENT SCOPE
REQUEST FOR AMENDMENT N0.3
PROPOSED TASKS
INTRODUCTION
The City of Tustin is requesting that all alternatives developed to date for the Red Hill Grade
Separation Project be presented with the same amount of detail -exhibit plus write up. In
addition, all the alternatives will be summarized in a matrix.
Alternatives developed to date include:
Alternative 1 - No Build
Alternative 2 -Raised Intersection
Alternative 3 -Tight Diamond Interchange
Alternative 4 -Drop Ramp Interchange
Alternative 5 -Depressed Red Hill Avenue
Alternative 6 -Elevated Red Hill Avenue, limited access
Alternative 7 -Elevated Railroad Tracks
Alternative 8a -Depressed Railroad Tracks
Alternative 8b -Depressed Railroad Tracks and Elevated Red Hill Avenue
This scope is an amendment to the original contracf dated March 21, 2005.
1. PROJECT MANAGEMENT AND RAILROAD COORDINATION
Our project manager will continue to monitor and coordinate the performance of the project team
to ensure that all aspects of the scope of work are addressed and that the schedule and
budgetary requirements are met in accordance with the contract.
The M&N team will attend and chair project team meetings to discuss work progress and
consistent development of all alternatives (assumed 3 meetings between M&N and the City of
Tustin representatives). M8~N will prepare and distribute announcements, agendas, and minutes
of project team meetings.
Railroad coordination will be conducted via phone and email.
2. CONCEPT DEVELOPMENT FOR ALTERNATIVE 5 (PARTIALLY COMPLETED
This effort will complete the concept development for Alternative 5. Alternative 5 has been
included in the Preliminary Engineering Study dated August 28, 2006 but was considered an
`unfeasible' alternative. It was therefore not developed to the same level as alternatives 2 thru 4.
Deliverable -Finalized concept plan and profile exhibit for Alternative 5
3. CONCEPT DEVELOPMENT FOR ALTERNATIVE 6
This effort is covered by Amendment No.2 dated June 5, 2007.
Deliverable -Finalized concept plan and profile exhibit for Alternative 6
„' ~ 1 February 5, 2009
RED HILL GRADE SEPARATION -ALTERNATIVE DEVELOPMENT SCOPE
REQUEST FOR AMENDMENT N0.3
4. PRELIMINARY CONCEPT DEVELOPMENT FOR ALTERNATIVE 7
8. COMPLETED EFFORT
Prior to submitting the current scope of work, and as directed by the City, M8N developed a
feasibility level exhibit for Alternative 7. This exhibit provided the City with information needed to
determine if this alternative is feasible and worthy of further consideration. Multiple coordination
meetings between MBN, the City of Tustin, and railroad representatives were held to assess the
feasibility of this alternative.
b. OUTSTANDING EFFORT
This effort will complete the concept development for Alternative 7. Alternative 7 will be
developed to the same level of detail as the other four alternatives currently described in the
Preliminary Engineering Study dated August 28, 2006.
Deliverable -Concept plan and profile exhibit for Alternative 7
5. CONCEPT DEVELOPMENT FOR ALTERNATIVES 8A AND 8B
This effort will complete the concept development for Alternatives 8a and 8b. These alternatives
were developed at a conceptual level during the early stages of the project. At the time, the
alternatives were determined as unfeasible and were not included in the August 28, 2006
Preliminary Engineering Study.
Deliverable -Finalized concept plan and profile exhibit for Alternatives 8a and 8b
6. ALTERNATIVE MATRIX
This effort will revise and update the Alternative Matrix (aka Opportunities and Constraints)
currently included in the Preliminary Engineering Study dated August 28, 2006.
Deliverable -Revised and updated Alternative Matrix for Alternatives 1 to 8, inclusive
7. CITY COUNCIL MEETINGS
M&N will assist the City staff in preparations for the meetings with City Council members
(assumed 3 meetings). M&N will attend meetings, as directed by designated City staff.
Deliverable -Full size exhibits for all eight alternatives, half size handouts
„'~ 2 February 5, 2009
2
c0
O
~ g
V
g
C
~ q O ~O o e O M N M N N W M N ~9 N N M N N N Vl M N N N N N N
Q
q N N ~
W tq N
~ y
O
0 0 ~ O N $ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
_ ~1
a
3~
g
m
ro
o
w
w
m
$ g
8
~ N i
~
U
~
N
~
O
0
7
N
~ p
O
O
N
C
Y
8
O
8
~ N
p O N N r0
O
W ~
Yi
"~ O O `~ M W N n 0
O .`~- O
W °'~
I
"q
B
O
O
W
W
N
N po
b gO
N
N
N
~ g s
H~ ri
~
b9 N
^ O O O R N h N
O
W
8
w
N
.-
O
N
Y
N
N
tN~f 8
`O
N
n ~ ¢ ~ 8
~~
E V
U
z"
N
Z
~,
-
~ G
C
C
~ q 0
a
~°
~- a n ~
~
~
~
E
~
n
n e
`°
~
ul
Q' ~ Q
C ~ ~
C C
~ QG.
C
@E ~ $ _ Y x a~
k ~ ~ a a ~ ~
~ ~ a a
o z 8 8 a ~ ~
u ~ ~
U ~
a ~
U ~
U ~
~ E
¢ Ci
U
U m a
2
n
t.
2
i
n A
n A
N N
a
F
a