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  Agenda Item   21.    
City Council Meeting
Meeting Date: 03/20/2018  
FROM: Bill Gallardo

Subject:
Amendment No.1 to Professional Services Agreement with Parsons Transportation Group, Inc. for Design Services and Resolution for Appropriating Additional Funds for the SR-57 & Lambert Road Interchange Improvements, CIP 7251
RECOMMENDATION
Adopt Resolution for Appropriating Additional Funds; and Approve Amendment No. 1 to Professional Services Agreement (PSA)
BACKGROUND/DISCUSSION
The State Route (SR)-57 & Lambert Road Interchange Improvements (“Project”), Project 7251, was initiated in 1999 between the City of Brea and the State of California Department of Transportation ("Caltrans") to address traffic congestion on
Lambert Road at the SR-57 interchange and at the adjacent intersection of Lambert Road and State College Boulevard.  In 2007, the Project Study Report was completed and the Project was formally programed in the City's 2008 Capital Improvement
Program ("CIP") budget as well as Caltrans' annual budget.

A Project Study Report ("PSR") to develop project need and purpose, and to develop preliminary alternatives for the proposed improvements, was approved by Caltrans in November 2007.  On August 16, 2011, the preparation of environmental documents called “Project Approval and Environmental Document Phase” ("PA&ED Phase") was initiated by Caltrans and their consultant RBF Consulting, a Michael Baker International Company ("RBF").  The PA&ED Phase was completed in November 2015, with the approval of the Project Report and Environmental Document.  The preferred Project Alternative 7A within the PA&ED documents proposes to add a northbound loop on-ramp and realign northbound off-ramp; widen southbound ramps and bridge over the railroad; convert southbound exit ramp to a two (2) lane exit and widen Lambert Road from west State College.

On June 16, 2015, the City Council approved a Professional Services Agreement ("PSA") with Parsons Transportation Group, Inc. ("Parsons") to complete the "Plans, Specifications, and Estimate Phase" ("PS&E Phase") for the Project in the amount of $3,320,000 with a $100,000 contingency and total PSA amount of $3,420,000.  The original scope of work for this PSA was defined to complete the PS&E for the preferred Project Alternative 7A.  Since November 2015, the City along with Parsons have been working with Caltrans to complete the PS&E Phase.  In December 2016, the 65% PS&E was completed for the Project Alternative 7A with some modifications to the design which included additional widening of the existing Lambert Road bridge to accommodate a future Caltrans truck climbing lane.  Soon thereafter, the Project was separated into four (4) phases due to construction funding constraints, with the focus on completing the PS&E Phase for the Phase 1 Project.  Phase 1 construction will add the northbound loop on-ramp and realign northbound off-ramp and modify the existing northbound on-ramp north of Lambert Road (East of SR-57).  Phase 2 will convert the southbound off-ramp to a two (2) lane exit.  Phase 3 will widen the southbound on-ramp and bridge over the railroad.  This phase will also widen Lambert Road west of the southbound ramps.  The final Phase 4 includes widening of Lambert Road and SR-57 bridge modification on the east side of the freeway, which is part of the Caltrans Truck Climbing Lane Project.

In June of 2017, the PS&E for the Phase 1 Project was considered substantially complete by Parsons and ready for final review and approval from Caltrans, which required securing the necessary Right-of-Way ("R/W") to construct.  Therefore, on June 6, 2017, the City Council approved a PSA with CPSI ("R/W Consultant") to assist the City with the completion of the R/W Phase.  The R/W acquisition for the Project involves a full take and several partial takes.  The construction of Phase 1 requires the full acquisition of the existing Carwash on Lambert Road, including partial acquisitions with the adjacent properties east of the Carwash and Olen Point property on the north side of Lambert Road.  Phases 2 and 3 construction also require R/W, however, all parcels affected in Phases 2 and 3 are owned by the City and the Orange County Transportation Authority ("OCTA").  No R/W take is anticipated for the Phase 4 construction, other than some potential utility relocations.  It is anticipated that the R/W Acquisition Phase will be completed in November 2018.

In October of 2017, staff submitted a grant application to OCTA in the amount of $12.8 million to fund the construction of the Phase 1 Project, which is currently being reviewed for final selection as part of the competitive Measure M2 Comprehensive Transportation Funding Program.  On December 5, 2017, the City Council adopted Resolution 2017-070 approving the submittal of the grant application.  If approved by OCTA around May 2018, it is anticipated that these funds would be available in Fiscal Year 2018-19. 

In November 2017, staff from Caltrans, OCTA, and the City began discussions on funding the entire Project using various funding sources from the United States Department of Transportation's Infrastructure for Rebuilding America ("INFRA") competitive grant program and the California State Transportation's Trade Corridor Enhancement Program ("TCEP").  Therefore, the collective group decided to hold the Phase 1 PS&E submittal at the substantial completion stage and to look into completing the overall Project PS&E (Phases 1-4) as one bid package with the intent to seek funding to construct the entire Project.  Furthermore, it was decided that Caltrans would take the lead on this effort and Advertise, Award, and Administer ("AAA") the construction contract, with City oversight.

In November 2017 and January 2018, OCTA and Caltrans submitted the appropriate documentation for both grant programs with an estimated total construction and construction engineering cost of $77 million.  This cost estimate included the additional work related to the Phase 4 bridge widening truck climbing lanes component; the added sound walls along the north and south bound on-ramps; some modifications to the retaining walls at the south bound off-ramp; design updates based on the Caltrans Standard Specifications and Plans; and Caltrans AAA costs.  It is anticipated that the final decision with respect to grant notifications for the OCTA INFRA grant application ($25 M) will be in the summer of 2018.  The California Transportation Commission ("CTC") will review and consider approval of project awards for the TCEP grant application ($65.7M) at their May 16, 2018 meeting.  Currently, the TCEP grant application has been ranked very high by Caltrans and is part of the top five projects within the $1.3 billion program.  Therefore, staff is optimistic that this grant application will be approved for funding by the CTC. 

This added scope of work was not included within the original PSA with Parsons.  Therefore, staff requested Parsons to provide an amended Scope of Work ("SOW") with costs for review and inclusion within a PSA Amendment for the City Council to consider. In February 2018, staff received the amended SOW with costs from Parsons and through several meetings and negotiations reached a reasonable PS&E Phase amended SOW for a not-to-exceed cost of $2.15 million.  This amended cost would bring the total PSA for the Project to $5.57 million, which is approximately 10% of the updated construction estimate.  This detailed amended SOW is provided as Attachment B-1 within Amendment No. 1 to the PSA (see attached "Amendment No. 1").  If this Amendment No. 1 is approved by the City Council, Parsons has estimated that the PS&E bid ready package for the entire Project will be completed by October 2018.  Furthermore, to insure the Project continues on course to construction, if Caltrans and OCTA grant funding opportunities for the entire Project don't obtain approval, then Parsons will complete the Phase 1 PS&E for a bid ready project as part of the original PSA SOW.  

Additionally, in order to proceed with the amended SOW, the Project design budget needs to be increased appropriately for the added $2.15 million.  Therefore, staff prepared a Resolution to appropriate the additional funds to the Project for the City Council to consider (see "Resolution"). 
COMMISSION/COMMITTEE RECOMMENDATION
The Finance Committee reviewed staff’s recommendation at their March 8, 2018 meeting and recommended to proceed.
FISCAL IMPACT/SUMMARY
The current FY 2017-18 Budget for Design and R/W Acquisition for the Project, which includes the carryover balance from FY 2016-17, is depicted within the following tables:


 
Expense Category FY 2017-18 Budget Proposed Amendment Total Amended Budget
Design $638,851 $2,150,000 $2,788,851
R/W Acquisition $14,929,000 $0 $14,929,000
TOTALS $15,568,051 $2,150,000 $17,717,851
 
 
Funding Source FY 2017-18 Budget Proposed Amendment Total Amended Budget
Fund 540 $638,851 $2,150,000 $2,788,855
OCTA M2 Grant $5,929,200 $0 $5,929,200
STIP (1) $9,000,000 $0 $9,000,000
TOTALS $15,568,051 $2,150,000 $17,717,851

(1) - The State Transportation Improvement Program (STIP) funding was originally programed for construction funding at $22.1 million in FY 2019-20.  Due to the FY 2016-17 State STIP Shortfall, the funding allocation was reduced to $9 million and re-appropriated for R/W Acquisition in FY 2019-20, with an ability to obtain an advancement of funds in FY 2017-18.  Caltrans and OCTA are currently working with the CTC to advance the funds to FY 2017-18 in coordination with the TCEP grant application.    

With the requested funds of $2.15 million from the Traffic Impact Fees (Fund 540), the Design Phase will be fully funded to deliver the complete Project (Phases 1-4) for an anticipated bid for construction in the fall of 2018.  Currently, there is approximately $2.4 million fund balance within Fund 540. There are no General Funds being used for the Project.  Staff has prepared a Resolution to appropriate the additional funds from Fund 540 to the Project for design.  Therefore, staff recommends the City Council consider adopting the Resolution. 

Parsons has been working on the PS&E Phase for this Project since June of 2015 with the goal to deliver the bid ready set of documents for construction in 2018.   Due to various modifications, additional Phase 4 work, updated standard specifications requirements, and added sound walls, the PSA with SOW requires an amendment.  The main catalyst to move forward with the amended PSA now relates to the recent opportunity for Caltrans, OCTA, and City to apply for INFRA and TCEP funds to allocate for the entire Project construction and construction engineering cost, which is now estimated at $77 million.   Staff has negotiated an amended SOW with Parsons in the amount of $2.15 million to complete the work and delivery the complete PS&E Phase for Caltrans to bid in the fall of 2018, pending funding commitments from the two grant programs.  Therefore, staff recommends the City Council consider approving Amendment No. 1 to the PSA with Parsons. 
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by:   Steve Kooyman, P.E., City Engineer
Concurrence:  Tony Olmos, P.E., Public Works Director
Attachments
Amendment No. 1
Resolution

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