TO: HONORABLE MAYOR FROM: John Ristow
AND CITY COUNCIL
SUBJECT: SEE BELOW DATE: May 29, 2023
Approved Date
6/7/23
COUNCIL DISTRICT: 3
SUBJECT: APPROVAL OF RETROACTIVITY IN THE AGREEMENT FOR SANTA
CLARA BRIDGE AT COYOTE CREEK REPLACEMENT PROJECT
AND TY LIN INTERNATIONAL
RECOMMENDATION
Adopt a resolution authorizing the City Manager, or designee, to negotiate and execute the Third Amendment to the Consultant Agreement with TYLin International to retroactively extend the term of the agreement and increase the compensation in the amount of $130,828 for a total maximum compensation of $1,425,926.
SUMMARY AND OUTCOME
Retroactively renew and amend the Consultant Agreement with TYLin International (TYLI), extend the term, and increase the maximum compensation amount by $130,828. Approval of this amendment will enable staff to pay the final invoice, fully compensate TYLI for completing the environmental documents and 65% design plans, and close out the Consultant Agreement.
BACKGROUND
Santa Clara Street is a major arterial and transit corridor, including the Bus Rapid Transit line and the future alignment for Bay Area Rapid Transit (BART). The Santa Clara Street Bridge is 43 feet wide, 150 feet long, and located on Santa Cl ara Street between 17 th Street and 19th Street. The
existing bridge has two traffic lanes on each direction that carries more than 17,000 vehicles per day.
On January 11, 2017, City of San José, Department of Transportation (DOT) staff issued a Request for Proposal seeking a bridge design consultant to provide engineering services to COUNCIL AGENDA: 6/20/23
FILE: 23-920
ITEM: 2.32
HONORABLE MAYOR AND CITY COUNCIL
May 29, 2023
Subject: Approval of Retroactivity in the Agreement for Santa Clara Bridge at Coyote Creek Replacement Project and Ty Lin International
replace the Santa Clara Street Bridge over Coyote Creek. DOT received only two proposals.
Since at least three proposals were needed to meet federal procurement requirements, DOT rejected all proposals and re-advertised the Request for Proposal for a second time on March 7, 2017. This time the Request for Proposal also only received two proposals. Staff documented the two procurement processes to meet the federal requirements and proceeded with the procurement process to award the contract.
On April 30, 2018, DOT entered into a Standard Consultant Agreement with the highest-ranked qualified consultant, TYLI, to provide consultant services for the project. City Council approved this Standard Consultant Agreement on March 16, 2018. The scope of the services included engineering design, right-of-way and environmental document preparation services, outreach support, project support during construction, and any other necessary work needed to replace the Santa Clara Street Bridge at Coyote Creek. The Standard Consultant Agreement was for a maximum compensation of $1,295,098 for a three-year term, with three one-year options to extend. DOT executed two amendments to the Standard Consultant Agreement.
Amendment One
Approved on September 5, 2018, the Standard Consultant Agreement amended Section 13 in Attachment A of the amendment. The Basis of Compensation for the work done by TYLI was changed from “Fixed Fee” to “Time & Materials” This amendment was authorized by the City Manager’s Office.
Amendment Two
Approved on June 14, 2021, the Standard Consultant Agreement was retroactively amended to extend the term of the contract for TYLI due to delays caused by BART Phase II single-bore tunnel project that runs directly under the Santa Clara bridge. DOT staff and TYLI coordinated extensively with the Santa Clara Valley Transportation Authority (VTA) to accommodate the BART Phase II project. The agreement term was extended from May 5, 2021 to May 5, 2022.
This amendment was authorized by the City Manager’s Office.
TYLI proceeded to design of the bridge based on VTA’s BART Phase II design criteria; however, VTA changed the BART Phase II design criteria multiple times, requiring TYLI to revise the bridge design plans two times. Unfortunately, the bridge’s redesign depleted TYLI’s original contract amount at an accelerated rate and it spent $181,155.85 over the original amount.
To date, TYLI has completed the environmental documents (National Environmental Policy Act and California Environmental Quality Act), 35% and 65% design plans and estimates, and received Caltrans approval of the 65% bridge type selection design plans and reports.
HONORABLE MAYOR AND CITY COUNCIL
May 29, 2023
Subject: Approval of Retroactivity in the Agreement for Santa Clara Bridge at Coyote Creek Replacement Project and Ty Lin International
ANALYSIS
The multiple changes in the design criteria of the BART Phase II project significantly impacted the Santa Clara Bridge Project budget and schedule. In addition, the City had to advance design to meet the federal funding timeline. TYLI completed 65% design plans and estimates and obtained a Caltrans-approved bridge-type selection report for the project.
With revisions to the BART project tunnel design still anticipated, potentially impacting the Santa Clara Street Bridge design, DOT staff is temporarily pausing the Santa Clara Street Bridge Project and will be working with VTA to clarify and coordinate the BART tunnel design criteria impacting the Santa Clara Bridge Project.
The TYLI contract expired on May 5, 2022. Since the expiration of the contract, DOT staff and TYLI have been negotiating a fair payment to account for the work completed and, on June 6, 2022, TYLI submitted 65% design plans and estimates.
TYLI exceeded the project budget by $181,155.85. City staff negotiated a reduced payment of $130,828 for this work, roughly 72% of the full cost overrun. DOT staff believe this to be fair, given that TYLI completed the work required to get to a 65% design level and obtain Caltrans approval, despite the multiple changes in structures and additional engineering and coordination required by the changes to the BART Phase II tunnel. As such, DOT staff requests a retroactive extension to the Consultant Agreement term for AC # 663324-000 and an increase in the maximum compensation in the amount of $130,828 to release payment for TYLI’s reduced, final invoice.
EVALUATION AND FOLLOW-UP
No additional follow-up action is expected at this time.
COST SUMMARY/IMPLICATIONS
The additional consultant amount of $130,828 would pay for work to reach the 65% project design milestone. This 65% project design milestone allows the City to use the completed environmental documents, plans, specifications, estimates, Caltrans-approved type selection report, and right-of-way documents for the Santa Clara Street Bridge Project.
1. AMOUNT OF RECOMMENDATION:
$130,828
2. SOURCE OF FUNDING: 429 - Building & Structure Construction Tax Fund
HONORABLE MAYOR AND CITY COUNCIL
May 29, 2023
Subject: Approval of Retroactivity in the Agreement for Santa Clara Bridge at Coyote Creek Replacement Project and Ty Lin International
3. FISCAL IMPACT: The East Santa Clara Street Bridge at Coyote Creek Appropriation has a sufficient budget to fund the incurred contractual service costs.
BUDGET REFERENCE
The table below identifies the appropriation and funds proposed to fund the agreement recommended as part of this memorandum.
Fund #
Appn #
Appn Name
Total Appn
Contract
Amendment
2022-
2023Adopted
Capital
Budget Page
Last Budget
Action (Date,
Ord. No.)
429 7133 East Santa Clara
Bridge at Coyote
Creek
$1,648,000 $130,828 748 10/18/2022
Ord No. 30833
COORDINATION
This project and memorandum have been coordinated with the City Attorney’s Office and the City Manager’s Budget Office.
PUBLIC OUTREACH
This memorandum will be posted on the City’s Council Agenda website for the June 20, 2023 City Council meeting.
COMMISSION RECOMMENDATION AND INPUT
No commission recommendation or input is associated with this action.
CEQA
Categorically exempt, File No. ER21-091, CEQA Guidelines Section 15302, Replacement or Reconstruction.
HONORABLE MAYOR AND CITY COUNCIL
May 29, 2023
Subject: Approval of Retroactivity in the Agreement for Santa Clara Bridge at Coyote Creek Replacement Project and Ty Lin International
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.
/s/
JOHN RISTOW
Director, Department of Transportation
For questions, please contact Zahir Gulzadah, Division Manager, Department of Transportation, at [email protected] or (408) 759-2129.