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HomeMy WebLinkAbout05.L- Public Works RESOLUTION (ID #2637) DOC ID: 2637 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Tony Frossard M/CC Meeting Date: 09/03/2013 Prepared by: Michael Grubbs, (909) 384- 5140 Dept: Public Works Ward(s): 5 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving Amendment No. 5 to Agreement for Professional Services with TY Lin International to Provide a Project Study Report/Project Development Support (PSR-PDS) for the University Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp Project (SSO4-19). (#2637) Current Business Registration Certificate: No Financial Impact: Account Budgeted Amount: $499,064 Account No. 264-160-5504-7240-0025 Account Description: SSO4-019 University Pkwy/1-215 Freeway Interchange Improvements Balance as o£ 08-01-13 $489,024 Balance after approval of this item and the Companion Cooperative Agreement with Caltrans: $325,699 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred, but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 12/06/04 Resolution No. 2004-383 approving Agreement with TY Lin International to provide a PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp project(SSO4-19). 07/16/07 Resolution No. 2007-257 adopted approving Amendment No. 1 with TY Lin International to provide PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp project (SSO4-19). 02/19/08 Resolution No. 2008-60 adopted approving Amendment No. 2 with TY Lin International to provide PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp project(SSO4-19). 05/19/08 Resolution No. 2008-152 adopted approving Amendment No. 3 with TY Lin International to provide PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp project(SSO4-19). 07/06/09 Resolution No. 2009-199 adopted approving Amendment No. 4 with TY Lin International to provide PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp project(SSO4-19). Updated: 8/27/2013 by Jolena E.Grider A Packet 0 g'20 5.L 2637 Background: 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 for the preparation of a Project Study Report/Project Report (PSR/PR) for the University Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp project. On July 16, 2007, Amendment No. 1 to the agreement with TY Lin International in the amount of$180,329 was approved to compensate the consultant for extra work required, due to changes imposed by Caltrans. Caltrans staff in Sacramento reviewed the concept design submitted by TY Lin International and the City for a flyover ramp design that would have avoided exclusive right- of-ay acquisition. This design 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. On February 19, 2008, Amendment No. 2 to the agreement with TY Lin International in the amount of $37,681 was approved to compensate the consultant for extra work required to conduct a Value Analysis (VA) as required by Caltrans for the project. The VA consisted of a 5- day "brainstorming" session in April 2008 with transportation, highway and bridge design experts from Caltrans, TY Lin International and the City to determine the optimal means of solving the congestion problems that occur at the University Parkway/1-215 Interchange. In April 2008, Caltrans advised that they were unable to provide full-time staffing for the 5-day period of the VA, so staff obtained a proposal from TY Lin International to provide an expert panel of bridge engineers, traffic engineers and construction estimators for the Value Analysis (VA). On May 19, 2008, Amendment No. 3 to the agreement with TY Lin International in the amount of$27,906 was approved to provide the necessary expert staffing for the VA. During the Value Analysis, Caltrans made it clear that they would not support the alternative preferred by the City, which consisted of constructing a direct connector southbound on-ramp (also called flyover) from University Parkway due to the excessive approach grade and limited stopping sight distance. This change necessitated refocusing efforts toward construction of a southbound loop ramp at the southwest quadrant of the interchange. Unfortunately, this alternative will require significant right-of-way acquisition. Staff was subsequently informed b Caltrans that dude to the introduction of$5 million in Federal q Y Y Safety Demonstration funds, known as SAFETEA-LU funds, Caltrans will no longer accept a combined PSR/PR. This meant that a separate PSR would be required before work could begin on the Project Report. On July 6, 2009, Amendment No. 4 to the agreement with TY Lin International in the amount of $36,849 was approved to compensate the Consultant for splitting out and re-formatting the PSR to conform to requirements of Caltrans standards. The PSR was completed, but due to changes in State policy and in Caltrans requirements, it could not be submitted without a cooperative Updated: 8/27/2013 by Jolena E.Grider A I Packet Pg.205 5.L 2637 agreement to reimburse Caltrans for cost associated with their reviews and oversight. In addition, Caltrans changed their policy to require a new document called a project Study Report- Project Development Support (PSR-PDS), which is similar to a PSR with format changes and additional information. TY Lin International has submitted the attached request for Amendment No. 5 to their Agreement,revising the scope of services and increasing the funding amount by$65,235. This funding will be sufficient for TY Lin International to complete the PSR-PDS and obtain approval by Caltrans and Federal Highway Administration (FHWA) of the preferred alternative for the project. After approval of the PSR-PDS (approximately June 2014), a request will be submitted to Caltrans for authorization to proceed with the PR. The Consultant's estimated date for completion of the PSR-PDS and approval by Caltrans is June 30, 2014. Due to uncertainties associated with processing documents through Caltrans, staff is recommending that the Agreement be extended to June 30, 2015. The total not-to-exceed compensation to date for this Agreement for Professional Services is indicated in the following table: Description Amount Original Agreement $ 249,050.00 Amendment No. 1 $ 180,329.00 Amendment No. 2 $ 37,681.00 Amendment No. 3 $ 27,906.00 Amendment No. 4 $ 36,849.00 Amendment No. 5 (Proposed) $ 65,235.00 GRAND TOTAL $ 597,050.00 Sufficient funds are identified in the adopted FY 2013-14 City budget for the remaining costs involved with completion of the PSR-PDS, including reimbursement of Caltrans costs. City Attorney Review: Supporting Documents: Resolution (PDF) agrmt 2637 (PDF) Attach 1 -University Pkwy_I-215 extra to update PSR-PDS and contract extension request 8-1- 13 combined (PDF) Attach 2 -University_I-215 PSR-PDS Gantt Chart Schedule 7-24-13 (PDF) Updated: 8/27/2013 by Jolena E.Grider A Packet Pg.206 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 5 TO AGREEMENT FOR 3 PROFESSIONAL SERVICES WITH TY LIN INTERNATIONAL TO PROVIDE A c PROJECT STUDY REPORTIPROJECT DEVELOPMENT SUPPORT (PSR/PDS) M ° 4 FOR THE UNIVERSITY PARKWAY/INTERSTATE 215 INTERCHANGE SOUTHBOUND LOOP ENTRANCE RAMP PROJECT(SSO4-19). c 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE E CITY OF SAN BERNARDINO AS FOLLOWS: W 7 SECTION 1. The City Manager is hereby authorized and directed to execute N 8 9 Amendment No. 5 to the Agreement for Professional Services with TY Lin International in 10 the amount of $65,235 to provide additional services for preparation of a Project Study 0 11 Report/Project Development Support (PSR-PDS) document for the University 12 d 13 Parkway/Interstate 215 interchange southbound loop entrance ramp project (SSO4-19), said Q 14 Amendment being attached hereto as Exhibit"A"and incorporated herein. i5 SECTION 2. The Director of Finance is hereby authorized and directed to increase w LO 16 Purchase Order No. 2012-00001825 to TY Lin International for this work in the amount of d 17 < a $65,235. 18 Cl) SECTION 3. The authorization to execute the above-referenced Agreement is 19 N 20 rescinded if it is not executed within sixty(60)days of the passage of this Resolution. o U) 21 c 22 _3 O 23 Ill CD 24 ° 25 M Y 26 a 27 28 Packet Pg.207 5.�.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 5 TO AGREEMENT FOR 2 PROFESSIONAL SERVICES WITH TY LIN INTERNATIONAL TO PROVIDE A PROJECT STUDY REPORT/PROJECT DEVELOPMENT SUPPORT (PSR/PDS) 3 FOR THE UNIVERSITY PARKWAYANTERSTATE 215 INTERCHANGE c 4 SOUTHBOUND LOOP ENTRANCE RAMP PROJECT (SSO4-19). 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor c 2 6 and Common Council of the City of San Bernardino at a meeting E 7 thereof,held on the day of ,2013, by the following vote,to wit: Ln N 8 9 Council Members: AYES NAYS ABSTAIN ABSENT a 10 MARQUEZ M 0 11 JENKINS c d 12 VALDIVIA d L 13 SHORETT c 14 KELLEY 15 w Ln 16 JOHNSON E 17 MCCAMMACK a ti 18 19 Georgeann Hanna, City Clerk c 20 W The foregoing resolution is hereby approved this day of , 2013. 21 22 23 Patrick J. Morris, Mayor 0 City of San Bernardino 24 25 Approved as to form: E JAMES F. PENMAN, R 26 City orney r 10 a 27 By: 7 28 Packet Pg.208' EXHIBIT "A" AMENDMENT NO. 5 TO AGREEMENT FOR PROFESSIONAL SERVICES This AMENDMENT is made and entered into this day of , 2013, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "City" and TY Lin International, hereinafter o referred to as"Consultant." w WITNESSETH: o n. A. WHEREAS, on December 6, 2004, the Mayor and Common Council E adopted Resolution No. 2004-383 approving Agreement for Professional Services in the W amount of$249,050.00 with Consultant to provide a Project Study Report/Project Report N and the supporting studies and documents for the University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project hereinafter referred to as "Project"; y and 'c B. WHEREAS, on July 16, 2007, the Mayor and Common Council adopted w Resolution No. 2007-257 approving Amendment No. 1 to Agreement for Professional Services with Consultant to provide additional design, environmental and traffic engineering services for the Project; and as C. WHEREAS, on February 19, 2008, the Mayor and Common Council = adopted Resolution No. 2008-60 approving Amendment No. 2 to the original Agreement for Professional Services with TY Lin International to provide PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project ° LO (SSO4-19). c a� D. WHEREAS, on May 19, 2008, the Mayor and Common council adopted a Resolution No. 2008-152 approving Amendment No. 3 to the original Agreement for ti Professional Services with TY Lin International to provide PSR/PR documents for the N University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project (SSO4-19); and co N E. WHEREAS, on July 6, 2009, the Mayor and Common council adopted E Resolution No. 2009-199 approving Amendment No. 4 to the original Agreement for Professional Services with TY Lin International to provide PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project E (S SO4-19); and w a F. WHEREAS, Amendment No. 4 extended the term of said Agreement for Professional Services to June 30,2010; and G. WHEREAS, changes to the scope of services have occurred that were beyond the control of Consultant and the City and will require Consultant to perform Packet Pg.209 Amendment No. 5 to Agreement for Professional Services with TY Lin International. additional work and incur additional costs not anticipated at the time of execution of the original Agreement for Professional Services; and H. WHEREAS, changes to the scope of services will result in a continuing need for the services of the Consultant beyond the current expiration date; and 1. WHEREAS, staff concurs that the work for which additional compensation is requested was not included in the original Agreement for Professional 2 Services as amended; w NOW THEREFORE,the parties hereto agree as follows: M CL E 1. Section 1 "Scope of Services" of said Agreement for Professional Services is W LO T amended to add the following: A. Consultant shall complete a Project Study Report/Project Development Support 'c (PSR-PDS) for the Project and process through Caltrans and the Federal L- L 0 w Highway Administration(FHWA) in accordance with letter proposal from d E d Consultant dated August 1, 2013, attached hereto and incorporated herein as a Attachment"I". _ J H B. Methodology for the PSR-PDS shall conform to the latest guidelines from LO Caltrans' Project Development Procedures Manual (PDPM). E 2, Section 2 of said Agreement for Professional Services is amended to add the a ti M t0 following: "The term of this Agreement for Professional Services is hereby extended ti M to June 30,2015, unless terminated earlier as provided in the original Agreement for N E L Professional Services." Work progress shall conform to Consultant's proposed M schedule dated July 24, 2013, attached hereto and incorporated herein as Attachment t w a 3. Section 5 "Compensation"of said Agreement for Professional Services is amended to add the following: -2 - Packet`Pg.210 i Amendment No.5 to Agreement for Professional Services with TY Lin International. Al. 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. 5 for an additional cost not-to-exceed$65,235, as indicated in said Attachment 1. 0 Y A2. The total not-to-exceed compensation to date for this Consultant Agreement is as w follows: c. E Description Amount W Original Agreement $249,050.00 LO Amendment No. 1 $ 180,329.00 N Amendment No. 2 $ 37,681.00 Amendment No. 3 $ 27,906.00 Amendment No. 4 $ 36,849.00 Amendment No. 5 (Proposed) $ 65,235.00 Totals $597,050.00 "�0' c d E 4. All other terms and conditions of said Agreement for Professional Services, as a E amended, approved by Resolution Nos. 2004-383, 2007-257,2008-060, 2008-152 and 2009-199 shall remain unchanged. 2 LO 111 E Q r� M O N ti M N E i tM M r C d E t V t6 r Q -3 - Packet Pg.211 Amendment No. 5 to Agreement for Professional Services with TY Lin International, AMENDMENT NO. 5 TO AGREEMENT FOR PROFESSIONAL SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first shown above. _ 0 �a CITY OF SAN BERNARDINO TY LIN INTERNATIONAL 0 a by. by: E Allen Parker, City Manager Signature U, r N L Print Name/Title > ATTEST: 0 _ d E as Georgeann Hanna, City Clerk a _ J H Approved as to form: LO James F. Penman City Attorney a ti M cD N M By: A;, N E L 07 rt+ _ E cs R a L) -4- PacketPg.21Z 5.L.b N � C O RS U O ATTACHMiNT "1" Q. E SAL SCHEDULE `� N AUGUST 1, 2013 9 L O d Q J H O Lo m E Q M N ti M t0 N E L Im i+ cd G L U t6 a. Q Packet Pg. 213 10 T1CIi ININTERNATIQNAL engiflt r rs f Planners I August 1,2013 N City of San Bernardino 0 300 North D Street San Bernardino,California 92418 Attention: Mr.Michael Grubbs Project Manager 0. E R Subject: University Parkway/Interstate 215 Interchange LO Improvement Project No.SSO4-19-Contract Extension and extra request to complete PSR(PDS) N Dear Mr.Grubbs: This letter is in reference to T.Y,Lin International(IYLI)'s contract with the City of San Bernardino(City)for the University Parkway/Interstate 215 Interchange Improvement Project o No.SSO4-19(Project). As identified in Amendment No.4,which was approved on July 15,2009 our contract with the City expired on June 30,2010,and we are requesting that the City extend our contract for the Project to June 30,2014. E m Also,due to new requirements by Caltrans the draft Project Study Report/Project Development Q Support(PSR/PDS)needs to be updated to comply with the latest guidelines.Those guidelines S were revised in June 13,2012 which was after TYLI had completed a draft of the PSR/PDS in J January 2012.The extra efforts to update the draft PSR/PDS to current requirements is estimated at$99,516.40.Please see attached excel sheet for scope,man-hours and fee details. 0 LO Below is a summary of this request. E TYLI will update the PSR/PDS according to the latest Caltrans Guidelines $99,516.40 Q ti M Unused budget(as of August 1,2013) $34,281.45 t° TOTAL THIS REQUEST $65,234.95 ~ M tD N a+ We look forward to continuing our successful partnership with the City and in completing the E (PSR/PDS)for the Project. If you have any questions,please contact me at(951)788-4688 or e- mail at Rodrigo.GonzalezQtLlin.com. c m Sincerely, E t Q Rodrigo Gonzalez,P.E. Project Manager Enclosures 3550 Vine Street,suite 120 I Riverside,California I T 951.768.4688 1 F 951.788.4988 www.tylin.com Packet Pg.214_ t k( Ell � € 1 . V9 AMP N• 1 0 !I T CD i f S A- Ulf.. h �c 0-11:1 g r f s � t I k ! SS C d y p ' ta N" � a�(�a'Sa �'� us��" b PackeE�g 215. w 0 ca ATTACHMENT "2" PSR-PDS TIMELINE N A ,JULY 249 2413 L O r _ E d ® L Q _ J H O LO _ d E Q ti M to N ti M tD N E L W _ d E V Q Packet Pg.216'', a � m N 0 O f C�> o m CO) aT z w 2 E E C U) (D N N N " E m m � rTNC'7C) F T 'c C LL Q Q c c r 0 m N w a 0 d .r C4M CV) RTItWT L CD r O) ONrN v r r N CV) ` ul ~ F a ~ H N W p _ 0 Z 0 LU Q U -p � m -0 'd C] N CO) MMN v = a J F- .-, un Z m � c = C U Q CU CCf � co �. (z cr N W N y N _ o E Cr Y $' m E N 4 N m co rw d C ❑ Cq E � 3a3 o CC cr a CO a a Q y (� N _ a V Qr �m y t� Q} CO C[9 Cr. >n Lo _�- [] r• N M....�d In tD h ED P crV CL Packet Pg:217 i �I H o Ln m E a ti M co N C E ATTACHMENT "1" M r 06 PROPOSAL AND FEE SCHEDULE y L AUGUST 1, 2013 0 .N Y x a) Y U (a L Y O V a IL d Y ca CL 0 Y R L Y x d L0 T- N T Y a Y N L Q> i V Y Y a r d Y Y a TYLININTERNATIONAL o engineers I planners scientists � a c d August 1,2013 E a r. M City of San Bernardino N 300 North D Street -a San Bernardino,California 92418 °' c Attention: Mr.Michael Grubbs E 0 Project Manager ch Subject: University Parkway/Interstate 215 Interchange w Improvement Project No.SSO4-19-Contract Extension and extra request to N complete PSR(PDS) ° a• m L Dear Mr.Grubbs: 0 U) This letter is in reference to T.Y.Lin International(TYLI)'s contract with the City of San Bernardino(City)for the University Parkway/Interstate 215 Interchange Improvement Project m No.SSO4-19(Project). As identified in Amendment No.4,which was approved on July 15,2009 our contract with the City expired on June 30,2010,and we are requesting that the City extend `° our contract for the Project to June 30,2014. 0 0 Also,due to new requirements by Caltrans the draft Project Study Report/Project Development Support(PSR/PDS)needs to be updated to comply with the latest guidelines.Those guidelines o were revised in June 13,2012 which was after TYLI had completed a draft of the PSR/PDS in a January 2012.The extra efforts to update the draft PSR/PDS to current requirements is co estimated at$99,516.40.Please see attached excel sheet for scope,man-hours and fee details. o. m ca Below is a summary of this request: o, 0 TYLI will update the PSR/PDS according to the latest Caltrans Guidelines $99,516.40 ° 0 L Unused budget(as of August 1,2013) $34,281.45 0 LO TOTAL THIS REQUEST $65,234.95 N _i We look forward to continuing our successful partnership with the City and in completing the Y (PSR/PDS)for the Project. If you have any questions,please contact me at(951)788-4688 or e- a mail at Rodrigo.Gonzalez @iylin.com. L m Sincerely, � t c� Rodrigo Gonzalez,P.E. a Project Manager 0 m E 0 nclosures M 3550 Vine Street,Suite 120 Riverside,California T 951.788.4688 F 951.788.4988 www.tylin.com Q PaCkk Pg.219 S.L.c c +, E v ti sa E �11 =3ER= AAA w _ M T (( 1 N N' a s - ai s 2 V }1 m _ hh d i L qq .Id ® � W W m ._ _ .- s 1 � r A Q w fl N 5 y m g,' a E N V 7 m Packet Pg.220 I I� T N w N L L O w _ d d L ATTACHMENT 662" _ J PSR-PDS TIMELINE w _ JULY 249 2013 (' E M to N M T N ti d 3 01 t V co I ca t U _ ca C7 D a cn CL T N L N t V R .F+ a r a Packet Pg.224-` . .. . . . : . 5Ld LO f ; C� \ 0 z C 0 K Co ( : % § 2 { 2 c 04 C-4 CIJ 04: 04 � � k \ o / A2 c - § c E c f 7 \ a 3 0 c 2 0 0 0 32 a » 2 § E 0 3 2 n _M n �_ Nr � - K (Y) G � LO Wt f � o A -- - _ \ ; m (D RCO) \ U n ■ - o c © � ® � w � � « � � • . 2 2 2 m ■ m ■ @ ■� @ § � K ® C Co 3 U) / ~ q CL 4 5 e o 2 � g q R CO) q f \ \ / \ p 6 _ _0 - _ Cr CC -= \ j \ U) j