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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Dept: Development Services
Date: April 16, 2008
File No. 1.7240
Subject: Resolution approving Amendment No.
3 to Agreement for Professional
Services with TY Lin International to
provide a Project Study ReportlProject
Report and the supporting studies and
documents for the University
Parkway/Interstate 215 Interchange
Southbound Loop entrance ramp
project (SS04-19).
MCC Date: May 19,2008
Synopsis of Previous Council Action:
12/06/2004
Resolution No. 2004-383 approving Agreement for Professional Services with TV Lin
International to provide a Project Study ReportlProject Report and the supporting studies
and documents for the University ParkwaylInterstate 215 Interchange Southbound Loop
entrance ramp project.
Resolution No. 2007-257 adopted approving Amendment No. 1 to Agreement for
Professional Services with TV Lin International to provide a Project Study ReportlProject
Report and the supporting studies and documents for the University ParkwaylInterstate
215 Interchange Southbound Loop entrance ramp project (SS04-19).
Adopted FY 2007-2012 Five-Year Capital Improvement Program (CIP).
Resolution No. 2008-60 adopted approving Amendment No. 2 to Agreement for
Professional Services with TV Lin International for a Project Study ReportlProject
Report and the supporting studies and documents for the University ParkwaylInterstate
215 Interchange Southbound Loop entrance ramp project (SS04-19).
07116/2007
08/20/2007
02/1912008
Recommended Motion:
Adopt Resolution.
~t.~
Valerie C. Ross
Contact person: Robert Eisenbeisz, City Engineer
3305
Phone:
Supporting data attached: StaffReoorl. Reso. & Amendment
Ward:
5&6
FUNDING REQUIREMENTS: Amount:
$27,906
Source (Acct. No.) 242-362-5504-7240 & 129-367-5504-7240
Acct. Description: Univ/I-215 PSRlPR for Loop Ramp (SS04-19)
Finance:
Council Notes:
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5/J ~J Of
Agenda Item No.
CITY OF SAN BERNARDINO - RI!QUI!ST 'OR COUNCIL ACTION
STAFF REPORT
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Subiect:
Resolution approving Amendment No. 3 to Agreement for Professional Services with TY Lin
International for a Project Study ReportlProject Report and the supporting studies and documents
for the University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project
(SS04-19).
Baekl!round:
On December 6, 2004, the Mayor and Common Council adopted a resolution approving an
Agreement with TY Lin International to provide professional engineering services in the amount
of $249,050.00 for the preparation of a Project Study Report/Project Report (pSR/PR) for the
University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project.
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Shortly after start of work, TY Lin International proposed changing the concept from a loop
ramp to a direct connector (tlyover) ramp. Caltrans and the City agreed to this change, primarily
because direct connector ramps, in general, offer superior operational efficiency and safety over
loop ramps. Although the construction cost of the direct connector ramp at this location will be
higher than a loop ramp, the right-of-way cost will be substantially less. The loop ramp concept
would require acquisition of an operating fast-food restaurant and a portion of a parking lot from
a major retailer. The direct connector ramp rnay require a small amount of property acquisition,
but the acquisition will not adversely affect any operating businesses.
On July 16, 2007, the Mayor and Common Council approved Amendment No. I to the
agreement with TY Lin International in the amount of $180,329 to compensate the consultant for
extra work required due to changes imposed by Caltrans. Geometricians in Sacramento reviewed
the concept design submitted by TY Lin International and the City for a tlyover ramp and
required the new ramp to merge into mainline 1-215, south of the existing ramp's connection to
the mainline. This required a significant realignment of the connector ramp in order to meet
Caltrans' requirements and also increased the environmental footprint of the project necessitating
additional biological, noise and cultural studies to complete the environmental process. Caltrans
Traffic Operations division also required more extensive traffic analysis of the new connector
ramp and the impacts on the existing street intersections, as well as impacts on mainline 1-215.
Due to recent changes in the federal regulations for projects receiving federal funds, Caltrans is
now requiring a Value Analysis (V A) for the project. The Value Analysis is intended to provide
an independent review of the project by outside experts to assure that the proposed tlyover
concept is the best and most efficient design for achieving the goals set forth for improving this
interchange.
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On February 19,2008, the Mayor and Common Council approved Amendment No.2 to the
Agreement with TY Lin International to perform the VA at a cost of $37,681. This amendment
included the cost of providing services of a specialty subconsultant, Value Management
Strategies, Inc. (VMA) to conduct, prepare and distribute the Value Analysis. TY Lin
International included a minimal fee for support and coordination including two meetings, two
presentations to the team, a field review with the team, and a review of the V A report. (J , '.i e
ne plAHIII '"r '~
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05/13108 10:45 AM
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CITY OF SAN .ERNARDINO - Rl!QUDT FOR COUNCIL ACTION
C STAFF REPORT-Continued
Since Caltrans had provided team members for the Mt. Vernon Bridge V A, the City and TY Lin
International reasonably assumed that Caltrans would provide staff with expertise in freeway
interchange design to staff the 1-2 I 5IUniversity Parkway interchange V A team. However,
Caltrans did not have staff it could commit to this five day V A study. The V A team consists of
the proctor (VMA) and four or five team members. This was not leamed until Amendment No.2
for the V A had been approved.
TY Lin International is a large organization with offices throughout California. They were able
to provide three team members for the entire duration of the VA (40 hours) and a cost estimator
for 12 hours for the amount of $27,906.00, which includes the standard hourly charge for each
individual and expenses. See the attached proposal dated April 15, 2008. These individuals were
not previously involved with the project and brought independent expertise in freeway
interchange design, structure design, construction engineering and cost estimating. The use of
TY Lin engineers as tearn members was acceptable to Caltrans.
Due to complexities involved in scheduling the VA and in order to minimize the delay in
processing this project, TY Lin agreed to proceed in good faith with the V A using its own staff
as team members. The VA was conducted on April 8-10 and 16-17,2008 at a cost of$27,906.00
for Amendment No.3 and staff recommends payment of that amount.
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The completion of the VA provides guidance for the project and assurance to Caltrans that all
available alternatives have been properly considered. A preliminary V A Report was distributed
on April 25, 2008 and a final report will issued pending comments from stakeholders.
A total of ten alternatives ranging from striping improvements to removal and reconstruction of
the entire interchange were analyzed in the report. Caltrans is the rnajor stakeholder in this
project; therefore, the selected alternative will be subject to its approval.
The current Agreement with TY Lin International expires on July 16, 2008. Due to additional
requirements of Caltrans, the services of the Consultant will be needed for at least one additional
year past the current expiration date of the Agreement. Therefore, staff is recommending that the
Agreement be extended to July 16,2009.
Based on current estimates, construction of the interchange modifications will begin in late 2009
and be completed by early 20 II.
Financial Impact:
Adequate funding to cover the cost of this amendment is available in Account No 242-362-5504-
7240 and Account No. 129-367-5504-7240 "SS04-19 University Parkway/I-215 Freeway
Combined Project Study Report/Project Report and Freeway Loop."
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The total not-to-exceed compensation to date for this Agreement for Professional Services is
indicated in the following table:
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05113/0810:45 AM
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CITY OF SAN BI!RNARDINO - REQUl!aT. FOR COUNCIL ACTION
STAFF REPORT - Continued
Description Amount
Orilzinal AlZI'eement $ 249.050.00
Amendment No. 1 $ 180,329.00
Amendment No.2 $ 37681.00
Amendment No.3 (Proposed) $ 27,906.00
Totals 5 494.966.00
Proposed project funding as reflected in the current 5-Year Capital Improvement Pro~ is as
follows:
Funding Source Total Cost Est. Prior FY 2007-08 FY 2008-09
Exp.
lI2-Cent Sales Tax Fund $450,000 $38,100 $411,900 50
EDA Fund $3,650,000 $12,200 $1,087,800 $2,550,000
Federal Demo Funds $5,000,000 $0 51,200,000 $3,800,000
SAFETEA-LU)
Hillwood (Culligan) $3,000,000 $0 0 $3,000,000
Lowes (DIF) $1,000,000 $0 0 $1,000,000
SANBAG (Measure I) $500,000 $0 0 $500,000
Congressman Lewis Eannark $5,000,000 $0 $0 $5,000,000
~ed)
Total $18.600.000 550,300 $2,699,700 $15,850,000
The current estimated total project cost is as follows:
Project Approved & Environmental Document $500,000
'PA&ED)
Plans Specification & Estimate (PS&E) $2,500,000
Construction Mana2ement (CM) $2,800,000
Construction Costs $18,700,000
RilZht-of- Way $100,000
GRAND TOTAL $24,600,000
This cost estimate represents a substantial increase over the earlier estimate of approximately
$12,000,000 provided to the City. The primary cause of the increase is a new requirement from
Caltrans that longer merge lanes be provided for traffic entering the 1-215 Freeway southbound.
Adequate funding is available for this Agreement for Professional Services with TY Lin
Intemational; however, supplemental funding in the approximate amount of $6,000,000 will
need to be identified prior to construction. This funding gap may increase to $11,000,000 if the
additional federal funding requested through Congressman Lewis' Office is not approved.
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05113108 10:45 AM
CITY 0' SAN BERNARDINO - RIIQUaT FOR COUNCIL ACTION
o STAFF REPORT - Continued
Recommendation:
Adopt Resolution.
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05/13/0810:45 AM
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
2 AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES
3 WITH TY UN INTERNATIONAL FOR THE PREPARATION OF A PROJECT
STUDY REPORTIPROJECT REPORT FOR THE UNIVERSITY
4 PARKWAYIINTERSTATE 215 INTERCHANGE LOOP ENTRANCE RAMP
PROJECT (SS04-19).
5
6
WHEREAS, on December 6, 2004, the Mayor and Cornmon Council adopted
7 Resolution No. 2004-383 approving Agreement for Professional Services in the amount
8 of $249,050.00 with TY Lin International to provide a Project Study Report/Project
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Report and the supporting studies and documents for the University Parkway/Interstate
215 Interchange Southbound Loop entrance ramp project hereinafter called "Project";
and
WHEREAS, on July 16, 2007, the Mayor and Cornmon Council adopted
Resolution No. 2007-257 approving Amendment No. I to Agreement for Professional
Services with TY Lin International in the amount of $180,329.00 to provide additional
design, environmental and traffic engineering services for the Project; and
WHEREAS, on February 19, 2008, the Mayor and Cornmon Council adopted
Resolution No. 2008-60 approving Amendment No. 2 to Agreement for Professional
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Services in the amount of$37,681.00 with Consultant to perform a Value Analysis (VA)
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21 for the Project; and
WHEREAS, Caltrans was originally requested to provide staffing for five (5)
days of the V A, but the request was disapproved due to State budgetary constraints; and
WHEREAS, Consultant has provided staffing with expertise in freeway
interchange design, structure design, construction engineering and cost estimating from
other offices which have not been previously involved in the Project; and
WHEREAS, the additional work was not included in the original Agreement for
Professional Services or any amendments thereto.
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RESOLUTION ... APPROVING AMENDMENT NO.3 TO AGREEMENT
1 FOR PROFESSIONAL SERVICES WITH TY UN INTERNATIONAL FOR THE
2 PREPARATION OF A PROJECT STUDY REPORTIPROJECT REPORT FOR
THE UNIVERSITY PARKWAYIINTERSTATE 215 INTERCHANGE LOOP
3 ENTRANCE RAMP PROJECT (SS04-19).
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. TY UN International, 198 N. Arrowhead, Suite "r', San
7 Bernardino, California 92408, has performed adequately under the terms of the original
8 Agreement for Professional Services
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attached Amendment No. 3 to said Agreement for Professional Services with TY Lin
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SECTION 2. The City Manager is hereby authorized and directed to execute the
International to provide additional services for the Project in the amount of $27,906.00,
said Amendment being attached hereto as Exhibit "A" and made a part hereof.
SECTION 3. The Director of Finance is hereby authorized and directed to issue a
15 . Purchase Order for this work to TY UN International in the total amount of $494,966.00.
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SECTION 4. The authorization to execute the above-referenced Agreement is
rescinded if it is not executed within sixty (60) days of the passage of this Resolution.
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RESOLUTION ... APPROVING AMENDMENT NO.3 TO AGREEMENT
1 FOR PROFESSIONAL SERVICES WITH TY UN INTERNATIONAL FOR THE
2 PREPARATION OF A PROJECT STUDY REPORTIPROJECT REPORT FOR
THE UNIVERSITY PARKWAYIINTERSTATE 215 INTERCHANGE LOOP
3 ENTRANCE RAMP PROJECT (SS04-19).
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Conunon Council of the City of San Bernardino at a
6 meeting thereof, held on the _ day of
7
, 2008, by the following vote, to
wit:
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Council Members:
AYES
NAYS
ABSTAIN ABSENT
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10 ESTRADA
11 BAXTER
12 BRINKER
13 DERRY
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KELLEY
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JOHNSON
MCCAMMACK
Rachel Clark, City Clerk
The foregoing Resolution is hereby approved this
,2008.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN,
City Attorney
By: L t.~
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EXHIBIT "A"
AMENDMENT NO: j
TO AGREEMENT FOR PROFESSIONAL SERVICES
This AMENDMENT is made and entered into this day of .
2008, by and between the CITY OF SAN BERNARDINO, California, a municipal
corporation, hereinafter referred to as the "City" and TY Lin International, hereinafter
referred to as "Consultant."
WITNESSETH:
A. WHEREAS, on December 6, 2004, the Mayor and Common Council
adopted Resolution No. 2004-383 approving Agreement for Professional Services in the
amount of$249,050.00 with Consultant to provide a Project Study ReportlProject Report
and the supporting studies and documents for the University ParkwaylInterstate 215
Interchange Southbound Loop entrance ramp project hereinafter referred to as "Project";
and
B. WHEREAS, on July 16, 2007, the Mayor and Common Council adopted
Resolution No. 2007-257 approving Amendment No. I to Agreement for Professional
Services in the amount of $180,329.00 with Consultant to provide additional design,
environmental and traffic engineering services for the Project; and
C. WHEREAS, on February 19, 2008, the Mayor and Common Council
adopted Resolution No. 2008-60 approving Amendment No. 2 to Agreement for
Professional Services in the amount of $37,681.00 with Consultant to perform a Value
Analysis (V A) for the Project; and
D. WHEREAS, Caltrans was originally requested to provide staffing for five
(5) days of the VA, but the request was disapproved due to State budgetary constraints;
and
E. WHEREAS, Consultant provided staffmg with expertise in freeway
interchange design, structure design, construction engineering and cost estimating from
other offices which have not been previously involved in the Project; and
F. WHEREAS, the cost of additional staffing was not included in the
original Agreement for Professional Services or Amendment Nos. I or 2; and
G. WHEREAS, the term of the Agreement for Professional Services is set
to expire on July 16,2008; and
H. WHEREAS, City will need the services of Consultant for at least one
additional year past the current expiration date of the Agreement for Professional
Services; and
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Amendment No.3 to Agreement for Professional Services with TV Lin International.
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I. WHEREAS, Consultant hereby concurS With extension of the Agreement
for Professional Services for one additional year beyond the current expiration date.
NOW THEREFORE, the parties hereto agree as follows:
1. Section 1 "Scope of Services" of said Agreement for Professional Services is
amended to add the following:
A. Consultant provided three team members for the full 40 hours and one team
member for 12 hours plus engineering support for the V A team in accordance
with the letter proposal from Consultant dated April 15, 2008, attached hereto
and incorporated herein as Attachment "1".
2. Section 2 of said Agreement for Professional Services is amended to add the
following: "The term of this Agreement for Professional Services is extended one
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additional year to July 16,2009, unless terminated earlier as provided in the original
Agreement for Professional Services."
3. Section 5 "Compensation" of said Agreement for Professional Services is amended to
add the following:
AI. The City shall compensate the Consultant for actual costs (including labor costs,
employee benefits, overhead, profit, other direct and indirect costs) incurred by
the Consultant in the performance of work authorized by Amendment No.3 for
the fixed fee of$27,906.00.
A2. The total not-to-exceed compensation to date for this Consultant Agreement is as
follows:
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Deseri
Ori . al A ement
Amendment No.1
Amendment No.2
Amendment No.3
Totals
Amount
$ 249,050.00
$ 180,329.00
$ 37681.00
$ 27,906.00
$ 494 66.00
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Amendment No. 3 to Agreement for Professional Services with TY Lin International.
4. All other tenns and conditions of said Agreement for Professional Services approved
by Resolution No. 2004-383, Resolution No. 2007-257 and Resolution No. 2008-60
shall remain unchanged.
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-3.
Amendment No. 3 to Agreement for Professional Services with TY Lin International.
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AMENDMENT NO.3
TO AGREEMENT FOR PROFESSIONAL SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first shown above.
CITY OF SAN BERNARDINO
TY UN INTERNATIONAL
by:
by:
Fred Wilson, City Manager
City of San Bernardino
Signature
Print Nameffitle
ATTEST:
o Rachel Clark, City Clerk
Approved as to form:
James F. Penman
City Attorney
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ATTACHMENT "I"
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TY-LININTERNATIONAL
-::"l:?ine.~"" i :'>UI-"C'~ I ~c:,:,"'.'i~'~
April 15, 2008
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-0001
Attention:
Mr. Michael Grubbs, P.E.
Subject:
University PkwyfI-215 Interchange Project
Scope and Fee to provide a team for the Value Analysis (VA)
Dear Michael:
T.Y. Un International is pleased to submit this proposal to provide qualified team members
for the Value Analysis (VA) Study which will be conducted from April81h thru April171h,
2008.
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Background:
The City of San Bernardino has requested T.Y. Un International to provide qualified
members to take part of the VA which will last 5 days. The following is the list of members
and their expertise that will be assigned to the VA study:
Michael Palacios (Highway Design)
David Griffith (Structures)
Mike Gilbert (Construction)
Jeff Kim (Cost Estimating)
Scope of Work and Fee:
T.Y. Un International will provide three (3) members to the VA study
for its entire duration (40 hours each)
$ 21,200.00
T.Y. Un International will provide one (1) member to the VA study
for twelve (12) hours.
$1,920.00
T.Y. Un International will provide support to develop alternatives
and provide information to VA Team outside the 5 day study
$3,005.00
Reimbursable expenses
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TOTAL
$1,781.00
$ 27,906.00
3550 Vine Street, Su~e 120 I Riverside, California I T 951. 788.4688 1 F 951.788.4988 I www.tyIln.com
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ATIACHMENT "I"
Mr. Michael Grubbs
City of san Bernardino
March 31, 2008
Page 2 of 2
Please see attach excel sheet for more details.
Please call if any questions should arise after reviewing this proposal.
Very truly yours,
T.Y. Un International
'hh~~1
Rodrigo Gonzalez, P.E.
Project Manager
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Enclosures
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