Loading...
HomeMy WebLinkAboutR-2005-131 Berger / Abam Engineers, Inc. Supplemental Agreement (re: railroad grade separation)RESOLUTION NO. R-2005- 131 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an additional supplemental agreement with BERGER/ABAM Engineers, Inc., for additional engineering and consulting services to proceed with the next phase of the Railroad Grade Separation Project, and to extend the completion date and term of the contract with BERGER/ABAM Engineers, Inc. (City Contract No. 2003-53) through March 31, 2007. WHEREAS, in July 2000 the City of Yakima issued and advertised a request for qualifications from firms interested in providing an environmental study for the design and development of a grade separation railroad project; and WHEREAS, the request for qualifications advertisement described the matter as a multi -phase project that would later include preparation of plans, specifications and estimates related to the construction of the Railroad Grade Separation Project ("Project"); and WHEREAS, as a result of that request for qualifications process, the City selected and contracted with BERGER/ABAM Engineers, Inc., to provide the services for the initial phase of the Project; and WHEREAS, additional engineering and consulting services were required to proceed with the next phase of the Project, including additional environmental documentation, right-of-way acquisition/relocation and project design, and WHEREAS, pursuant to City Resolution No. R-2003-75, the City Council authorized a second contract (City Contract No. 2003-53) with BERGER/ABAM Engineers, Inc., to provide these additional services; and WHEREAS, pursuant to City Resolution No. R-2005-81, the completion date for the second contract was extended from May 31, 2005, to August 31, 2005; and WHEREAS, additional engineering and consulting services are required to proceed with the next phase of Railroad Grade Separation Project, including but not limited to additional environmental documentation, traffic updates, right-of-way acquisition and relocation, incorporation of improvements and changes accepted during the value engineering team review, legal review, and final project design; and 1 WHEREAS, it is requested that the City Manager have the authority to execute an additional supplemental agreement for additional engineering and consulting services to proceed with the next phase of the Project and to extend the completion date and term of the second contract with BERGER/ABAM Engineers, Inc., through March 31, 2007; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize the City Manager to execute an additional supplemental agreement with BERGER/ABAM Engineers, Inc., for additional engineering and consulting services to proceed with the next phase of the Railroad Grade Separation Project and to extend the completion date and term of the second contract with BERGER/ABAM Engineers, Inc., through March 31, 2007, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an additional supplemental agreement with BERGER/ABAM Engineers, Inc., for additional engineering and consulting services to proceed with the next phase of the Railroad Grade Separation Project and to extend the completion date and term of the contract with BERGER/ABAM Engineers, Inc. (City Contract No. 2003-53) through March 31, 2007. The total additional compensation authorized by said supplemental agreement shall not exceed $620,000.00. The form of said supplemental agreement shall be reviewed and approved by the City Attorney or his designee. ADOPTED BY THE CITY COUNCIL this 16th day of August, 2005. ATTEST: ,41 Karen S. Roberts, City Clerk 2 Paul P. George, ayor ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of August 16, 2005 Consideration of Resolution authorizing Supplement No. 2 for the Professional Services Contract with BERGER/ABAM Engineers, Inc. for Railroad Grade Separation Project SUBMITTED BY: K. Wendell Adams, City Engineer William Cook, Dept. of Community and Economic Development CONTACT PERSON/TELEPHONE: K. Wendell Adams, P.E., City Engineer Engineering Division Manager / 575-6111 SUMMARY EXPLANATION: On May 17, 2005, the City of Yakima extended the existing contract (2003-53) with a Supplement (Supplement No. 1) until August 31, 2005. This was done to allow time to review the status of the project and to negotiate a supplement to complete the project tasks. Additional engineering and consulting services are required to proceed with the next phase of the project, including additional environmental documentation, traffic updates, right-of-way acquisition and relocation, incorporation of improvements and changes accepted during Value Engineering team review, new legal aspects to review and address along with final project design. The completion date for this Supplement No. 2 with BERGER/ABAM Engineers, Inc. is March 31, 2007. The cost of the Supplement is an additional $620,000, making the total contract amount to date $1,870,000. The City has been working with the consultant through several contract issues. The issues have been adequately addressed and we have consensus on the direction and scope of additional work needed. (Continued on next page) Resolution X Ordinance _ Contract X Other (Specify) Project Schedule Graph Funding Source 2005 Capital Improvement Fund/Federal State Funds authorized to date for this project APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve resolution authorizing Supplement No 2. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-131 (Continued from previous page) The status of the existing work is as follows: • Draft Environment Assessment (EA) has been submitted to WSDOT and FHWA for comments. • Value Engineering Study has been completed and recommendations submitted to City staff. • Comments have been received from most of the Permitting agencies regarding the Draft EA. • All available Federal funds have been obligated in order to protect the project. • Of the $23 Million- obligated, we have expended approximately $1.35 Million to date. • Current status of the funding — See attached. The extension of this contract is funded through Federal funds that have been secured through the appropriate agencies. There are sufficient funds to complete this Design/Right-of- way/Environmental phase covered by this contract extension. It is important to realize that $7 million funding for construction is allocated from the recently passed gas tax. However this source is at risk due to a voter initiative to repeal the gas tax now certified for the November ballot. If the tax is repealed, funding from Freight Mobility will be lost. In addition, a portion of the State's Transportation Improvement Board (TIB) will be lost if the initiative is passed. The impact of this loss on our project would be significant and would require that other options be pursued in the future. A Project Schedule graph is attached to show the proposed timeline and deliverables. This is subject to change based on timeliness of the reviewing agencies and our own review processes. The schedule is fairly aggressive and optimistic. Once the Design/Right-of-way/Environmental phase is completed the City will need to negotiate with the consultant for future work on the construction of this project. The next phase will be presented to the City Council for approval before beginning the construction phase. • Washington State Department of Transportation ORIGINAL 4*I8‘8 C IT`r' CLERK Supplemental Agreement No. 2 Organization and Address BERGER/ABAM Engineers Inc. 33301 Ninth Avenue South, Suite 300 Federal Way, WA 98003-2600 Agreement Number LA -4453 Project Number STPX-NCPD-000S (062) Phone 206/431-2300 Project Title B Street and Lincoln Avenue Grade Separations New Maximum Amount Payable $ 1,870,000.00 Description of Work Intermediate and final design, right-of-way plans, and environmental documentation for rebuilding B Street and Lincoln Avenue under the BNSF railroad in downtown Yakima. The Local Agency of City of Yakima desires to supplement the agreement entered into with BERGER/ABAM Engineers Inc. and executed on 6/20/2003 and identified as Agreement No. LA -4453 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: See attached 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Work will he completed by 11 March 2007 111 Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: RFRCTFR/ARAM F.ngjneers Inc By: City of Yakima DOT Form 114Q063 EF Revised 10/97 onsultant Signature Approving Authority Signature &A - 2003.53 R Roos -i3 EXHIBIT B — SCOPE OF WORK, PHASE 2 MODIFICATIONS These scope of work modifications add to and/or revise the original Exhibit B, Scope of Work, Phase 2. Where conflicts occur between these scope of work modifications and the original scope of work, these modifications will take precedence. SCOPE OF WORK MODIFICATIONS COMPONENTS There are three primary components of this supplement to the scope of work modifications. 1. Additionalefforts completing work that is included in the original scope of work 2. Salary escalation on the remaining hours needed to complete the original scope of work due to extending the project schedule 3. Work that has been done or is still yet to be done that is outside the original scope of work Each of these items is described in more detail below. 1. Additional Efforts Completing Work that is included in the Original Scope Of Work Elongated Schedule The original contract was scheduled to be completed by 31 May 2005, a duration of just less than 24 months. Under this schedule, completing the National Environmental Policy Act (NEPA) Environmental Assessment (EA) was scheduled to take about one year and completion of the contract documents and right-of-way (ROW) acquisition was scheduled to take the second year. As of August 2005, BERGER/ABAM has been working on this contract for 26 months. The attached schedule indicates that the EA and corresponding State Environmental Policy Act (SEPA) Environmental Impact Statement (EIS) is scheduled to be completed on 17 January 2006. Per this schedule, the total time to complete the NEPA EA/SEPA EIS will be 30 months, or 18 months longer than originally scheduled. The primary causes of this elongated schedule consisted of the following. • Progress on development of the EA was stopped for five months from September 2003 to February 2004 due to uncertainty about new members of the Council. This was a decision made in conjunctionwith the City when it became apparent that at least three Council seats were going to change and as a result, the project definition might also change. • Progress on development of the EA document was again slowed from April 2004 to March 2005 while the City, the Washington State Department of Transportation (WSDOT), the Federal Highway Administration (FHWA) reached agreement on the content of a business questionnaire to gain information to support the economic analysis section of the document. These two periods can be seen in the attached schedule. These two activities extended the schedule to develop the EA by 17 months of the 18 months added to the schedule. The remaining schedule extension is due to the need to make new traffic counts (since old traffic counts are more than three years old) and run the traffic model with two-lane underpasses and both B Street and Lincoln Avenue closed during construction as proposed by the Value Engineering (VE) team. Exhibit B, Scope of Work Lincoln Avenue and B Street Grade Separation BERGERJABAM, FAPWT-04-016 City of Yakima, Washington B-1 August 2005 This extended schedule created extra efforts and associated additional costs for BERGER/ABAM and some of its subconsultants. These cost increases occur for several reasons. • The project was never completely shut down; administrative and management costs continued. • Considerable time was expended to route the business questionnaire back and forth between the City and WSDOT/FHWA. Each time, BERGERJABAM had to incorporate comments, mediate between the two parties, and submit a new version of the questionnaire. Eight different versions of this questionnaire were prepared. Some of the questions became their own separate questionnaire. The questionnaire was also translated into Spanish. • Slowing down and accelerating a project creates additional efforts and associated costs. Assigned staff gets prepared to work on the project and there is a cost associated with that. When the work is slowed, staff are transferred or are assigned additional projects on which to work. Upon restarting efforts in earnest, staff have lost their familiarity with the project or they are no longer available and new staff has to learn the project when it starts again. BERGERJABAM's costs for these items were calculated using the spreadsheet attached as Appendix 1. BERGERJABAM's original labor estimate was for 7,388 hours of work. The 7,388 hours was broken down into 110 subtasks, each with its own estimated hours. In order to determine what work has been completed and what still needs to be done, the hours for each subtask were divided between work done or not done yet. The result is that work that was budgeted for 717 hours has been accomplished as of 31 July 2005. Due to the reasons stated above, BERGERJABAM has actually spent 1,541 hours to date to complete this work. Appendix 1 shows where we have attributed these additional efforts. 2. Salary Escalation on the Remaining Hours Needed to Complete the Original Scope of Work due to Extending the Project Schedule From the spreadsheet in Appendix 1, 6,671 hours of the original estimated effort still needs to be worked to complete the original scope of work. The majority of this work was scheduled to be completed in the second 12 months of the contract from about June 2004 to May 2005. The majority of this work will now be completed from January to December of 2006. This represents 1.5 years of salary escalation on this work as defined in the original scope of work. Subconsultants will also experience similar escalation. 3. Work that has been done or is still yet to be done that is Outside the Original Scope of Work Several out -of -scope items of work have already been completed or partially completed. These items are as follows. • Prepare project status booklets for the City for use in demonstrating the project to others in efforts to gain concurrence and/or project funding: This work is ongoing. • Conduct a planning study for redevelopment of the Historic District: This work included efforts by a specialty sign designer. This planning study has been completed. Exhibit B, Scope of Work Lincoln Avenue and B Street Grade Separation BERGERJABAM, FAPWT-04-016 City of Yakima, Washington B-2 August 2005 • Develop a comprehensive NEPA EA to be adopted as a SEPA EIS: This document was scoped to be a narrow scope EA. The document was modified to include several alternatives and more extensive discipline reports so that it can be adopted by the City as a SEPA EIS This work is ongoing. • Conduct a legal sufficiency review by outside legal counsel: This effort is ongoing. Lane Powell was added to the team to provide these services. • Review and contribute to sections of the economic analyses by an experienced firm in this area: This effort is ongoing. Huckell/Weinman & Associates was added to the team to provide these services. BERGER/ABAM will absorb the first $10,000 of the combined billings for Lane Powell and Huckell/Weinman. SCOPE OF WORK MODIFICATIONS ASSUMPTIONS In order to determine what out -of -scope work remains to be completed, assumptions need to be made about the final configuration of the project and what additional analysis needs to be added to the EA. These assumptions all follow from the assumed responses to be made to the VE report and to WSDOT comments on the EA received to date. The assumptions are as listed below. NEPA EA/SEPA EIS Assumptions • FHWA will issue a Finding of No Significance (FONSI) • The NEPA EA will be adopted by the City as their SEPA EIS. A Determination of Significance (DS) per SEPA rules will not be issued. • The document will be rewritten in "reader friendly" format as required by WSDOT's new policy that went into affect on 30 June 2005. "Reader -friendly" format for this project is limited to developing a reader -friendly executive summary and incorporating reader -friendly chapter titles. • All of the original intersection traffic counts will be redone and a supplement to the traffic impact analysis will be prepared based on the new counts. • Additional modeling, using the same software as was used originally, will be done to evaluate the traffic, assuming both B Street and Lincoln Avenue are closed during construction between 1st Avenue and 1st Street. This will be analyzed in the EA and compared to the original construction phasing plan. Note that this modeling is being done to verify whether this is a reasonable option or not. The original phasing plan is still assumed for actual construction. • Additional modeling, using the same software as was used originally, will be done to evaluate the traffic assuming both B Street and Lincoln Avenue are reduced to two lanes between 1st Avenue and 1st Street. This will be analyzed in the EA as a new alternative. Note that this modeling is being done to verify whether this is a reasonable option or not. It is assumed this alternative will be in the "considered but rejected" portion of the EA. Exhibit B, Scope of Work Lincoln Avenue and B Street Grade Separation BERGERJABAM, FAPWT-04-016 City of Yakima, Washington B-3 August 2005 1 Project Configuration Assumptions The preferred alternative in the 15 July 2005 EA will be the basis for design. This includes the following. • There will be three lanes in each underpass • Front Street will be maintained as a through street and will stay on its proposed realignment toward the tracks • Construction will be staged to keep either B Street or Lincoln Avenue open as a two-way street at all times during construction • There will be accommodation for bikes in both underpasses. However, it will be in dedicated bike lanes as opposed to on a wide sidewalk as in the EA • The sidewalks and bike facilities will remain at the grade of the road within the underpass • ARCO/Lincoln Avenue Car Wash's land will be acquired and the businesses relocated • Access to Lincoln Avenue will be maintained from the alley east of Goodyear (this is out of the original scope of work, but the cost of this design is offset by not needing to relocate Goodyear as assumed in the original scope of work) • Helliesen Lumber will not be acquired or relocated • Loading dock access to the Hollingberry and Son building will be maintained at the existing rear loading dock and a 4(f) evaluation for affecting a historic structure will not be necessary • The bridge type will be a below -deck superstructure of steel or concrete girders. The VE recommendation for a through steel plate girder will be evaluated, but it is assumed that it will not be cost effective or it won't be accepted by BNSF, or both • The rail will not be raised more than a foot at B Street or Lincoln Avenue and will not be raised at all at Yakima Avenue and D Street • Brick pavers will be used on Front Street from Yakima Avenue to B Street and on A Street from 1st Street to Front Street. The following changes and/or additions to the project configuration will be made. There will be no sidewalk in the B Street underpass. (There is no design cost associated with this change. However, it is also assumed that a sidewalk will not be needed on 1st Avenue between B Street and Lincoln Avenue to accommodate B Street pedestrians getting to the sidewalk on Lincoln Avenue.). • Contract plans and specifications will be prepared for both a diaphragm wall and for a secant pile wall (assuming a secant pile wall is verified to be constructible) • Contract plans and specifications will be prepared for both a jet -grouted bottom seal and for a tied down tremied concrete bottom seal • A $700,000 construction budget will be added for project aesthetics. It is assumed most of this will be used to change from the currently planned shotcrete walls to either precast or cast -in- place walls with decorative finishes and/or symbols imprinted on the walls Exhibit B, Scope of Work Lincoln Avenue and B Street Grade Separation BERGER/ABAM, FAPWT-04016 City of Yakima, Washington B-4 August 2005 ADDITIONAL SCOPE OF WORK MODIFICATIONS The progress reports described in Item C of Task 12 of Exhibit B will be further detailed to include the following. Monthly Management Project Status Report (to include) 1. Narrative description of the work completed within the past 30 days 2. Narrative description of the work scheduled for the next 30 days 3. Summary of contract budget status 4. Project forecast update: brief discussion of upcoming issues, events, or budgetary concerns that may have an impact on the planning, cost, or completion schedule for the contract or project Exhibit B, Scope of Work Lincoln Avenue and B Street Grade Separation BERGERIABAM, FAPWT-04-016 City of Yakima, Washington B-5 August 2005