HomeMy WebLinkAbout05.O- Public Works RESOLUTION (ID # 4177) DOC ID: 4177 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Marlene Miyoshi M/CC Meeting Date: 12/21/2015
Prepared by: Michael Grubbs, (909) 384-
5140
Dept: Public Works Ward(s): 5, 6
Subject:
Resolution of the Mayor and Common Council Approving Amendment No. 7 to
Agreement for Professional Services with TY Lin International for the Preparation of a
Project Study Report/Project Development Support Document for the University
Parkway/Interstate 215 Interchange Loop Entrance Ramp Project (SSO4-19). (#4177)
Current Business Registration Certificate: Yes
Financial Impact:
Adequate funding is available in the FY 2015/16 Budget for this Amendment.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
12/06/04 Resolution No. 2004-383 approved TY Lin International Agreement 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 approved 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 approved 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 approved 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 approved 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).
09/03/13 Resolution No. 2013-257 approved Cooperative Agreement No. 08-1565
(Project No. 0800000083) with Caltrans for Oversight of the Development of
the Project Initiation Document (PID) for University Parkway/Interstate 215
Freeway Interchange Improvements Project (City ID: SSO4-19).
cr 09/03/13 Resolution No. 2013-258 approved Amendment No. 5 with TY Lin
International to provide PSR/PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp project
Undated: 12/16/2015 by Georaeann "Giai" Hanna C I Packet Pg. 699
4177
(SS04-19).
08/03/15 Resolution No. 2015-166 approved Amendment No. 6 with TY Lin
International to provide PSR/PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp project
(SS04-19).
10/19/15 Resolution No. 2015-233 approved MOU 15-1001217 and Cooperative
Agreement 16-1001335 with the San Bernardino Associated Governments
(SANBAG) for completion of environmental, design and construction.
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. Services included 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 TY Lin International Agreement was
approved to compensate the consultant for extra work (additional $180,329) 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 "Direct Connector"
ramp (also known as a flyover) design that would have avoided extensive right-of-way
acquisition. These changes as dictated by Caltrans required a significant realignment of
the connector ramp to meet their requirements and also increased the environmental
footprint of the project. This necessitated 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 to the mainline 1-215.
On February 19, 2008, Amendment No. 2 to the TY Lin International Agreement was
approved to compensate the consultant for extra work (additional $37,681) required to
conduct a Value Analysis (VA) as required by Caltrans. The VA consisted of a 5-day
"brainstorming" session conducted 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 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 TY Lin International
Agreement 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 westbound to
southbound flyover on-ramp from University Parkway due to the excessive approach
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4177
grade and limited stopping sight distance. That decision necessitated refocusing efforts
toward construction of a westbound to southbound loop ramp at the northwestly
quadrant of the interchange. This alternative was not then and is still not desirable
because significant right-of-way would need to be acquired from Jack-in-the-Box and
Walmart.
Staff was subsequently informed by Caltrans that due to the introduction of $5 million in
Federal 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
and approved before work could begin on the Project Report. On July 6, 2009,
Amendment No. 4 to the TY Lin International Agreement was approved to compensate
the consultant for splitting out and re-formatting the PSR to conform to revised Caltrans
requirements (additional $36,849).
The PSR was completed, but due to changes in State policy and in Caltrans
requirements, it could not be submitted without a cooperative 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. On September 3, 2013, Amendment No 5 to the TY Lin
International Agreement was approved to compensate the consultant for revising and
reformatting the document to the PSR/PDS (additional $65,235).
In late 2014, in meetings with Caltrans, it was suggested the City investigate installing a
Diverging Diamond Interchange (DDI) at this location. This innovative solution has
been cost effective in other parts of the Country and the Federal Highway
Administration has encouraged the use of DDI's where design conditions allow.
The City's consultant, T.Y. Lin International, has developed a concept DDI for this
location (See attached drawing) and staff believes this design will be a cost effective
solution for handling the heavy left turn demand for traffic westbound on University
Parkway turning onto the southbound 1-215 on-ramp. The alternative to construct a loop
ramp at the northwesterly quadrant of the interchange is still being studied; however, it
appears that the DDI will be the most cost effective solution to the traffic flow problem.
On August 3, 2015, Amendment No 6 to the TY Lin International Agreement was
approved to extend the time of completion for the project, which was set to expire on
June 30, 2015, to June 30, 2016.
Caltrans reviewed the concept DDI and suggested that the City obtain a more accurate
design to clearly identify challenges and determine right-of-way needs. A detailed
design is beyond the scope of the Consultant's current contract; therefore, the
Consultant has submitted the attached Proposal dated October 22, 2015 (see
Attachment "1") to perform the work at an additional cost of$26,585.00.
This amount also includes additional effort due to delays processing the project through
Caltrans. Under terms of the original contract, the PSR/PDS was scheduled to be
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4177
completed in March of 2014. Due to delays from Caltrans reviews, the PSR/PDS
cannot be completed until March of 2016. These additional costs are reflected in this
proposed Amendment 7.
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 $ 65,235.00
Amendment No. 6 0.00
Amendment No. 7 (Proposed) $ 26,585.00
GRAND TOTAL $ 623,635.00
Sufficient funds are available in the adopted FY 2015-16 City budget for the remaining
costs involved for completion of the PSR/PDS, including reimbursement of Caltrans
oversight costs.
According to our latest schedule, the PSR/PDS will be approved by Caltrans in March of
2016. After that approval, the City will turn the project over to the San Bernardino
Associated Governments (SANBAG) to manage environmental, design and construction
under terms of MOU No. 15-1001217 and Cooperative Agreement No. 16-1001335 both
of which were approved on October 19, 2015.
The total project cost is now estimated at $4,866,505 which includes the City's local
match of $352,941. Project funding will come from a $5,000,000 grant through the
Federal Highway Administration (FHWA). This however, does not include the City's
expenditures to date - the TY Lin services described above totaling $623,635. As such,
the City's share of the project cost will total $976,576 ($352,941 grant local match
requirement + $623,635 expenditures to date).
City Attorney Review:
Supporting Documents:
Resolution (DOC)
agrmt 4177 (PDF)
Attach 1 to Amend 7 to Agreement (PDF)
Univ-1215_ALT_DDI_Exhibit Revised 11-07-15 (PDF)
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING
AMENDMENT NO. 7 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH H
3 TY LIN INTERNATIONAL FOR THE PREPARATION OF A PROJECT STUDY o
4 REPORT/PROJECT DEVELOPMENT SUPPORT DOCUMENT FOR THE
UNIVERSITY PARKWAY/INTERSTATE 215 INTERCHANGE LOOP ENTRANCE :t
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5 RAMP PROJECT (SSO4-19). 0
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The City Manager is hereby authorized and directed to execute
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9 Amendment No. 7 to the Agreement for Professional Services with TY Lin International to
10 provide additional services for preparation of a Project Study Report/Project Development
11 Support (PSR/PDS) document for the University Parkway/Interstate 215 interchange loop
12
entrance ramp project (SSO4-19), said Amendment being attached hereto as Exhibit "A" and
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14 made a part hereof
15 SECTION 2. The authorization to execute the above-referenced Agreement is 3
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16 rescinded if it is not executed within sixty(60) days of the passage of this Resolution.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING
AMENDMENT NO. 7 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH
2 TY LIN INTERNATIONAL FOR THE PREPARATION OF A PROJECT STUDY
REPORT/PROJECT DEVELOPMENT SUPPORT DOCUMENT FOR THE N
3 UNIVERSITY PARKWAY/INTERSTATE 215 INTERCHANGE LOOP ENTRANCE c
4 RAMP PROJECT (SSO4-19).
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 0
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6 Common Council of the City of San Bernardino at a meeting
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7 thereof, held on the day of , 2015, by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT N
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Georgeann Hanna, City Clerk a
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The foregoing resolution is hereby approved this day of , 2015.
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23 R. CARY DAVIS, Mayor o
City of San Bernardino
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25 Approved as to form:
GARY D. SAENZ, City Attorney =
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EXIIIBIT "A"
AMENDMENT NO. 7 TO AGREEMENT FOR PROFESSIONAL
SERVICES WITH TY LIN INTERNATIONAL
This AMENDMENT is made and entered into this day of o
2015, 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." o
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WITNESSETH:
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A. WHEREAS, on. December 6, 2004, the City adopted Resolution No.
2004-383 approving Agreement for Professional Services in the amount of$249,050.00 LO
with Consultant to provide a Project Study Report/Project Report and the supporting N
studies and documents for the University Parkway/Interstate 215 Interchange Southbound
Loop entrance ramp project hereinafter referred to as "Project"; and
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B. WHEREAS, on July 16, 2007, the City adopted Resolution No. 2007-257
approving Amendment No. I to Agreement for Professional Services with Consultant to
provide additional design, environmental and traffic engineering services for the Project; w
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C. WHEREAS, on February 19, 2008, the City adopted Resolution No.
2008-60 approving Amendment No. 2 to the original Agreement for Professional
Services with Consultant to provide PSR/PR documents for the University 3
Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project(SSO4-19).
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D. WHEREAS, on May 1.9, 2008, the City adopted Resolution No. 2008-152 a
approving Amendment No. 3 to the original Agreement for Professional Services with C
Consultant to provide PSR/PR documents for the University Parkway/Interstate 215 ti
Interchange Southbound Loop entrance ramp project(SSO4-19); and =
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E. WHEREAS, on July 6, 2009, the City adopted Resolution No. 2009-199 w
approving Amendment No. 4 to the original Agreement for Professional Services with
Consultant to provide PSR/PR documents for the University Parkway/Interstate 215
Interchange Southbound Loop entrance ramp project (SSO4-19); and
F. WHEREAS, on September 3, 2013, the City adopted Resolution No.
2013-258 approving Amendment No. 5 to the original Agreement for Professional E
Services with Consultant to provide PSR/PR documents for the University o
Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project (SSO4-19);
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G. WHEREAS, Amendment No. 5 extended the term of said Agreement for Y
Professional Services to June 30, 2015; and Q
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Amendment No. 7 to Agreement for Professional Services with TY Lin International.
H. WHEREAS, Amendment No. 6 extended the term of said Agreement for
Professional Services to June 30, 2016.
1. WHEREAS, changes to the scope of services have occurred that were N
beyond the control of Consultant and the City and will require Consultant to perform o
additional work and incur additional costs not anticipated at the time of execution of the
original Agreement for Professional Services; and
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J. WHEREAS, staff concurs that the work for which additional
compensation is requested was not included in the original Agreement for Professional c
Services as amended; and
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K. WHEREAS, Consultant has submitted the attached proposal dated
October 22, 2015 and marked Attachment "1" to perform the necessary additional work
to complete the Project. N
NOW THEREFORE,the parties hereto agree as follows: M
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1. Section 5 "Compensation" of said Agreement for Professional Services is amended to
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add the following: _
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A1. The total not-to-exceed compensation to date for this Consultant Agreement is as
follows: 3
Description Amount E
Original Agreement $249,050.00
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Amendment No. 1 $ 180,329.00
Amendment No. 2 $ 37,681 00 °
Amendment No. 3 w
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$ 27,906.00
Amendment No. 4 $ 36,849.00 E
Amendment No. 5 S 65,235.00 w
Amendment No. 6 0.00
Amendment No. 7 (Proposed) $ 26,585.00
Totals $ 623,635.00
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2. All other terms and conditions of said Agreement for Professional Services,as E
amended, approved by Resolution Nos. 2004-383, 2007-257, 2008-060, 2008-152, c
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2009-199, 2013-258 and 2015-166 shall remain unchanged.
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Amendment No. 7 to Agreement for Professional Services with TY Lin International.
AMENDMENT NO. 7 TO AGREEMENT FOR PROFESSIONAL
SERVICES WITH TY LIN INTERNATIONAL
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on °
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the date first shown above.
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Allen Parker, City Manager Signature N
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Approved as to form: �
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TYL INTERNATIONAL
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ATTACHMENT "1"
October 22,2015
City of San Bernardino
300 North D Street
San Bernardino,California 92418
Attention: Mr. Michael Grubbs
Project Manager
Subject: University Parkway/Interstate 215 Interchange(Project No.SSO4-19)
Extra request to complete Diverging Diamond Interchange (DDI)and Campus
Ave Alternative analyses(Amendment 7)
Dear Mr.Grubbs:
T.Y.Lin International(TYLI)would like to request an increase in our contract amount
to provide for additional coordination and extra efforts to complete DDI and Campus Ave
alternative analyses.
On October 31,2013 the DDI alternative was introduced as viable to be discussed in the
PSR/PDS,subsequently on March 13,2014 a new interchange at Campus Ave and I-215 was
also introduced as a potential alternative.As a result,TYLI was requested to prepare exhibits
and analyses to determine the viability of these alternatives,after those were completed,it was
concluded that only the DDI was viable. The scope to complete those analyses was not
included in the original contract or in amendment 5 which was executed on September 3,2013.
Also,the schedule presented in amendment 5 stipulated that the PSR-PDS was to be completed
by March 24,2014.It is now estimated to be completed by March 2016 therefore the
coordination needs to be extended accordingly.
The additional coordination and extra efforts to complete the analyses for the DDI and
Campus Ave alternatives is estimated at$26,585.00.Please see attached excel sheet for scope,
man-hours and fee details.
TOTAL THIS REQUEST $26,585.00
We look forward to continuing our successful partnership with the City and in
completing the(PSR/PDS)for the Project. If you have any questions,please contact me at(909)
912-6900 or a-mail at Rodriao.GgnzaIez @.tvlin.com.
Sincerely
Rodrigo Gonzalez,P.E.
Project Manager
Enclosures
3633 East Inland Empire Blvd,Suite 900 1 Ontario, California I T 909.912.6900 1 F 909.453.8305 1 www.tylin.com
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