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2020-07-07 Staff Report re Public Interest Finding for Dune Palms BridgeCity of La Quinta CITY COUNCIL MEETING:July 7, 2020 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE A PUBLIC INTEREST FINDING TO RATIFY THE SELECT SOURCE CONTRACT EXTENSION OF BENGAL ENGINEERING, INC. TO COMPLETE THE ENGINEERING PHASE OF THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT NO. 2011-05, FEDERAL AID PROJECT NO. BRLKS 5433 (014) RECOMMENDATION Adopt Resolution to approve a Public Interest Finding to ratify the select source contract extension of Bengal Engineering, Inc. to complete the engineering phase of the Dune Palms Road Bridge Improvement Project (Project No. 2011-05, Federal Aid Project No. BRLKS 5433 (014). EXECUTIVE SUMMARY x The Dune Palms Road Bridge Improvement Project (Project) will replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at the Coachella Valley Storm Water Channel (CVSWC) (Attachment 1) and is partially funded through the state’s Highway Bridge Program. x In June 2014 the City entered into a Professional Services Agreement (PSA) with Bengal Engineering, Inc. (Bengal) to provide professional engineering and environmental services for the Project after conducting a two-step consultant selection process. x Amendment No. 8 to the PSA with Bengal was approved by the City Council on October 16, 2018 and extended the contract term after it had expired. x Extending the contract term after it had inadvertently expired is considered by Caltrans procedures to be a select source procurement and a Public Interest Finding (Attachment 2) must be adopted. FISCAL IMPACT The Dune Palms Road Bridge Project has an approved budget of $17,510,000. This project is funded through a combination of Federal Surface Transportation Funds through the state’s Highway Bridge Program. Federal funds will provide up to $15,501,603 of the total project cost. The Coachella Valley Association CONSENT CALENDAR ITEM NO. 123 of Governments (CVAG) will fund up to $1,506,750, and the City will fund the remaining $502,250. BACKGROUND/ANALYSIS In June 2014, Council approved a PSA with Bengal to provide professional engineering and environmental services for an all-weather bridge on Dune Palms Road spanning the CVSWC. While addressing other scope related changes which were ultimately included within Amendment No. 8, and approved by Council on October 16, 2018, staff realized that Bengal’s contract term had expired and included an extended term as part of that Amendment. At this point, the project had experienced several environmental and right of way processing delays. The environmental document, special studies, and environmental permitting took nearly 4 years to complete. During the time frame leading up to the expired term, the City had just received notification from Caltrans Environmental that the Project’s environmental document was finally approved. The City and its Consultants were working diligently to make up time and avoid losing the funding authorized for the preliminary engineering phase. The project development team was working through the requirements of the adopted environmental document, environmental permitting requirements, initiating the right of way acquisition phase and coordinating with utilities. The project could not proceed with any of these steps until the NEPA/CEQA environmental documents were adopted. It was not feasible to stop all work with Bengal and initiate a new competitive procurement process for the engineering services needed to complete the Project. Doing so would have been detrimental to the project, the general public, the City of La Quinta, the Coachella Valley Sub-Region, and the State. The contract extension is considered a select source procurement in accordance with Caltrans procedural requirements, which requires approval of a Public Interest Finding. The City Council is being asked to ratify the select source selection and the contract term extension approved with Amendment No. 8 on October 16, 2018 for Bengal Engineering to complete it’s contract work, and adopt a Public Interest Finding to satisfy Caltrans’s procedural requirements. The project development team is currently finalizing right of way acquisition, utility clearance, and final design. 124 Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Public Interest Finding ALTERNATIVES Staff does not recommend an alternative. 125 126 RESOLUTION NO. 2020 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, TO APPROVE A PUBLIC INTEREST FINDING TO RATIFY THE SELECT SOURCE CONTRACT EXTENSION OF BENGAL ENGINEERING, INC. TO COMPLETE THE ENGINEERING PHASE OF THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT NO. 2011-05, FEDERAL AID PROJECT NO. BRLKS 5433 (014) WHEREAS, on October 15, 2013, the City Council approved the program supplemental agreement with California Department of Transportation and Federal Highways Administration; authorized the City Manager to execute the agreement; and authorized staff to advertise the request for proposal to obtain the professional engineering and environmental services for the Dune Palms Road Bridge Improvement; and WHEREAS, the City issued a formal Request for Proposal on October 15, 2013 and conducted the pre-proposal conference on November 12, 2013; and WHEREAS, the City received 4 proposals from qualified firms on November 25, 2013, and conducted interviews with each of the 4 qualified firms on January 17, 2014; and WHEREAS, Bengal Engineering, Inc. was awarded a Professional Services Agreement June 17, 2014 to prepare the plans, specifications, and engineer’s estimate for the Dune Palms Road Bridge Improvement, City Project No. 2011-05, Federal Aid Project No. BRLKS 5433 (014); and WHEREAS,the City and Bengal Engineering, Inc. inadvertently allowed the Professional Services Agreement to lapse on July 31, 2018; and WHEREAS, it was not feasible to stop all work with Bengal Engineering, Inc. and initiate a new competitive procurement process for the engineering services needed to complete the Dune Palms Road Bridge Improvement Project; and WHEREAS, the City determined it was in the best interest of the public, the City, the Coachella Valley Sub-Region, the State of California, and FHWA to extend the contract term of Professional Services Agreement with Bengal Engineering, Inc. 127 Resolution No. 2020- Dune Palms Bridge Public Interest Finding Adopted: July 7, 2020 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City Council approves a Public Interest Finding to ratify the select source contract extension of Bengal Engineering, Inc. to complete the engineering phase of the Dune Palms Road Bridge Improvement Project, City Project No. 2011-05 and Federal Aid Project No. BRLKS 5433 (014). PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of July 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ LINDA EVANS, Mayor City of La Quinta, California 128 Resolution No. 2020- Dune Palms Bridge Public Interest Finding Adopted: July 7, 2020 Page 3 of 3 ATTEST: __________________________ MONIKA RADEVA, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 129 130 Dune Palms Bridge PROJECT LOCATION HIGHWAY 111 Vicinity Map AVENUE 48 ATTACHMENT 1 131 132 ,'800%02* 8., 4. 08*4'8 88 :737X*IAD>Ag*j*3LDND]`X*`DQN/*ID:QXND*37T*X`L7N`c]37T*X`L7N`Q:`X*N]TQX`*`DQNQ:`X*N]TQX`*`DQN & & & 4 duxxqukqq0;Y"! ! 4 duxo~qutu~u0;Y"!" 4 R|u & $!"&#!"&"#!#&!%& $!"&&!%& F5 V\SG82b^V82F=F2 2J,^^S==858\,J=eO5^' & 69K9?+a96BE?BUYR;EK9 5F^b2S\b8VM MeJbFVJ8V\SG82b^ & & & & 4 duxqu~~uuz~kutqkqkq1<Z$$l 4 duxo~qx~|utku~k0;Y"! % 4 duxqkq~zu|t|u|kqu~~uo~tt~z1<Z#! 4 duxktkot~k~u0;Y"! % 4 *tu~~zu~tu|kuu0;Y"! 4 hk~ux-+u~qkYu~uu0;Y"! 4 R|u & PB_aURaB9[ 8^bFM,b852S^b=858\,J=eO5^ ^b,b8iF58 @8O8\,J58^2\FVbFSOS=iS\H X7*]QN]`A*`X7Wc7]`73*TTXQf*ID]/QN]D37X73`Q.7/Q]`7::7/`Df7QXDN`A7Tc.ID/].7]`DN`7X7]`]`*`7( TX7T*X73*TTXQf73.jIQ/*I*>7N/j]X7TX7]7N`*`Df7N*L7*N3`D`I7(3mv( X7TX7]7N`*`Df7 *TTXQf73.j3D]`XD/`IQ/*I*]]D]`*N/77N>DN77X3I*7 N*L7(3mv( 3I*7 *TTXQf73.j:Ag*.*vrmgmv:Ag*X7TX7]7N`*`Df7N*L7(3mv( 5p' Jsn,{ws=w S{n) 5J,8 2) 2nnVwsMnn{w 2y}w^C^ $77$&+0(17 BRKLS 5344 (014) ✔ ✔ 08-RIV-La Quinta In the City of La Quinta along Dune Palms Road at the Coachella Valley Storm Water Channel (Whitewater River) ✔ 159,354.00180,000.00 Final design and ROW appraisals for the project to replace a 3 lane low water crossing with 4 lane bridge. See Attached. Public Works DirectorBryan McKinney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’S BEST INTEREST (STATE) In 2013, during the selection of Bengal Engineering to perform the professional engineering and environmental services the City of La Quinta complied with the requirements set forth by the Caltrans LAPM and conducted a competitive one-step RFP consultant selection process. The following represents the chronology of events associated with the Consultant Selection Process: The City Appointed a Consultant Selection Committee Consisting of Project Engineers and Managers. The Request for Proposal was issued on October 15, 2013 and the Pre-Proposal Conference was conducted on November 12, 2013 at 10:30 am. The City received four (4) proposals from the following qualified consultants on November 25, 2013: Bengal Engineering, Inc., CNS Engineers, Inc., IDC Consulting, Engineers, Inc., and RBF Consulting. The Consultant Selection Committee met on December 16, 2013 and determined that all four (4) of the engineering firms submitting proposals should be interviewed. Interviews were conducted on January 17, 2014. Following the interviews, the Consultant Selection Committee recommended Bengal Engineering, Inc. be awarded a Professional Services Agreement to prepare the plans, specifications, and estimates for the Dune Palms Road Low Water Crossing Replacement at the Coachella Valley Stormwater Channel. The Professional Services Agreement with Bengal Engineering was prepared in accordance with the requirements outlined within Chapter 10 of the Caltrans LAPM and was submitted for review and acceptance by Caltrans Audit and Investigation. This included Exhibits 10K and 10H which outlined key personnel. Caltrans Audit and Investigation issued the contract Conformance Letter Review on May 22, 2014 . All deficiencies noted by Caltrans Audit and Investigation Conformance Review were incorporated and submitted to City Council for award consideration. The City Council considered and approved a Professional Services Agreement with Bengal Engineering, Inc. on June 17, 2014 While addressing other scope related changes which were ultimately included within Amendment No. 8, and approved by Council on October 16, 2018, staff realized that Bengal’s contract term had expired and included an extended term as part of that Amendment. At this point, the project had experienced several environmental and right of way processing delays. The environmental document, special studies, and environmental permitting took nearly 4 years to complete. During the time frame leading up to the expired term, the City had just received notification from Caltrans Environmental that that the Project’s environmental document was finally approved. The City and its Consultants were working diligently to make up time and avoid losing the funding authorized for the preliminary engineering phase due to the approaching reversion date. The project development team was working through the requirements of the adopted environmental document, environmental permitting requirements, initiating the right of way acquisition phase and coordinating with utilities. The project could not proceed with any of these steps until the NEPA/CEQA environmental documents were adopted. 135 It was not feasible to stop all work with Bengal and initiate a new competitive procurement process for the engineering services needed to complete the Project. Doing so would have been detrimental to the project, the general public, the City of La Quinta, the Coachella Valley Sub- Region, the State, and Federal Highway Administration (FHWA). Bengal Engineering is thoroughly aware of the issues surrounding the design and construction of the Dune Palms Bridge. They had been working in partnership with City for over 4 years on the project. They have coordinated with the Federal Emergency Management Agency, Riverside County Flood Control, Coachella Valley Water District, Caltrans District 8, and are well aware of the requirements for 1602 Streambed Alteration Agreement with the California Department of Fish and Game, the 401 Water Quality Certification from the Regional Water Quality Control Board and the 404 permit from the Army Corps of Engineers. The City finds the continuation of Bengal Engineering and Consulting, Inc. for the proposed project is in the best interest of the City of La Quinta, the State of California, and Federal Highway Administration. 136