HomeMy WebLinkAbout09-Development Services
From: James Funk, Director
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: Adopt Resolution approving
Amendment No. 2 to Agreement with
Transtech Engineers, Inc. for professional
construction management, plan review, and
inspection services for the Santa Fe Depot
Renovation Project and authorize the Director
of Finance to amend the FY 2003/04 Budget.
MCC Date: 05/03/04
Dept: Development Services' .. ..- AL
Date: April 7, 2004 ORIGlN
File: 6.7178
Synopsis of Previous Council Action:
OS/21/01 Approved Agreement with Transtech Engineers, Inc. to provide professional construction
management, plan review, and inspection services for the Santa Fe Depot Renovation Project.
09/09/02 Adopted resolutions awarding contract to Solpac, Inc. d.b.a. Soltek Pacific for the San Bernardino
Historic Santa Fe Depot Renovation and Restoration project, per Plan No. 10446; approving Agreement with
Omnitrans for obtaining Federal Transit Administration funding; ratifying a grant application for TEA funding;
and authorize the Director of Finance to amend the FY 2002/03 budget.
04/27/03 Authorization to execute Change Orders No. One and Two to coutract with Solpac, Inc. d.b.a. Soltek
Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration project per Plan No. 10446
and authorization to increase the project contingency.
07/07/03 Resolution No. 2003-184 authorized the execution of a Memorandum of Understanding (MOU) with
Southern California Regional Rail Authority (SCRRA) to Reimburse the City for cost of Metrolink Tenant
Improvements at Santa Fe Depot and Authorization to Execute Change Order No.3 to contract with Solpac, Inc.
d.b.a. Soltek Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration project per Plan
No. 10446 and authorize the Finance Director to amend the budget.
08/18/03 Authorized the Director of Development Services to Execute Change Order No. 4 to contract with
Solpac, Inc. d.b.a. Soltek Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration
project per Plan No. 10446.
10/06/03 Authorized resolution No. 2003-275 approving Agreement with Soltek and approved CCO #5.
03/15/04 Reso. adopted authorizing the execution of First Amendment to Cooperative Agreement with SANBAG;
and authorization for the Director of Finance to amend the FY 2003-04 budget for the project as indicated in the
staff report; and Authorization to Execute Change Order No.6 to contract with Solpac, Inc. d.b.a. Soltek Pacific
for the San Bernardino Historic Santa Fe Depot Renovation and Restoration project, per Plan No. 10446
Recommended Motion:
I. Adopt Resolution; and
2. Authorize the Director of Finance to amend the FY 2003-04 budget to transfer $135,000 in 'h cent
Sales Tax Funds from Account No. 129-367-5504-7302 "SS04-30 Hospitality Lane Signal
Modification & Street Improvement & TC04-15 Hospitality Lane and Carnegie Drive/I-215 Ramps,
Install Dual-Turn Lanes" to Account No. 129-367-5504-7178 "GB04-0! Restoration of San
Bernardino Santa Fe Depot." ~ F J-.
James Funk
Contact person:
Michael Grubbs, Acting City Engineer
Phone:
5179
Supporting data attached: Staff Report, Resolution, Amend No.2 to Agreement
Ward: I
FUNDING REQUIREMENTS: Amount:
$135,000
Source: (Acct. No.)
129-367-5504-7178
Acct, Description: GB04-01 Restoration of Santa Fe Depot
5/3j1JL/
Finance:
'R.~~200+- \ \ \
Agenda Item No. q
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Adopt Resolution approving Amendment No.2 to Agreement with Transtech Engineers, Inc.
for professional construction management, plan review, and inspection services for the Santa
Fe Depot Renovation Project and authorize the Director of Finance to amend the FY 2003/04
Budget.
BACKGROUND:
A Professional Services Agreement with Transtech Engineers, Inc. to provide professional
construction management, plan review, and inspection services for the Santa Fe Depot
Renovation Project was approved by the Mayor and Common Council on May 21, 2001. The
compensation specified in that agreement was as follows: "Construction Manager will be paid
time and material not to exceed $975,000.00 in arrears, for all work and services performed
under this contract and upon receipt of itemized invoices, submitted in triplicate to the contract
manager." Transtech Engineers, Inc. recommended, and the Mayor and Common Council
approved, a reduction in fee to an amount not to exceed $725,000 on April 7,2003.
In order to expedite the project, prior to May 1, 2003, the former City Engineer requested that
Transtech Engineers, Inc. hire subcontractors for certain specialty inspections and to rent a
trailer/office, rent portable restrooms and incur various office expenses necessary for services.
The former City Engineer authorized Transtech Engineers, Inc. to bill these subcontract costs
and expenses to the City without markup. This billing was authorized above and beyond the
amount of $725,000 authorized to be billed under terms of the Services Agreement with
Transtech Engineers, Inc. as originally approved on May 21, 2001, and as amended on April
7, 2003. Unfortunately, that authorization was inadvertently not included in Amendment No.
1.
As part of the FY 02/03 CIP budget for the Santa Fe Depot, $100,000 was budgeted for
Specialty Inspections by subcontractors hired by Transtech Engineers, Inc. As of March 10,
2004, Transtech Engineers, Inc. has incurred a total of $156,597.98 in Specialty Inspection
and directly reimbursable expenses leaving an unbudgeted balance of $56,597.98.
The attached Amendment No.2 to Agreement with Transtech Engineers, Inc. modifies the
method of compensation to include the direct reimbursable subcontract costs and expenses
authorized by the former City Engineer.
In addition, staff has identified an overall unfunded shortfall for the Santa Fe Depot project in
the amount of $63,951.00. Therefore, we are recommending that a total of $135,000 be
transferred from 'h Cent Sales and Road Tax Fund to cover the cost of Amendment No.2 and
the unfunded shortfall in the total cost of Santa Fe Depot project. The additional $15,000
(approximately) will be used to cover known and anticipated expenses that will be incurred
prior to completion of the project.
2
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report - Continued
FINANCIAL IMPACT:
All costs incurred for this project are charged to Account No. 123-558-5504-7178 (Restoration
of the San Bernardino Santa Fe Depot). This Amendment No 2 to Agreement with Transtech
Engineers will result in an additional cost of $56,597.98 above the amount currently budgeted
for specialty inspection, rent of an office trailer, rent of portable restrooms and various out-of-
pocket office expenses needed to support the Construction Management of the Santa Fe Depot
project. Additionally, a $63,951.00 unfunded shortfall has been identified based on an audit of
expenses versus revenues.
The City recently received construction bids for Project No. SS04-30 "Hospitality Lane Signal
Modification & Street Improvement & TC04-15 Hospitality Lane and Carnegie Drive/I-215
Ramps, Install Dual-Turn Lanes". The bid came in below the budget estimate and has freed
up approximately $180,000 in 1f2-cent sales tax funds (Measure I) which can be reallocated to
other p:ojects. Because the Measure I fund is subject to yearly audit by SANBAG, Staff
contacted SANBAG to determine if the Measure I fund can be used on the Depot project.
After consultation with their auditors, SANBAG staff indicated that the City's Measure I fund
could be used because it will be spent in support of the Metrolink and Omnitrans uses at the
Depot.
It will be necessary to amend the Measure I 5- Y ear Capital Improvement Program. Staff
proposes to bring a resolution before the Mayor and Common Council on May 3, 2004,
amending the program.
Therefore, staff is recommending that the Director of Finance be authorized to amend the FY
2003/04 Budget by transferring $135,000 in 1f2 cent Sales Tax Funds from Account No. 129-
367-5504-7302 "SS04-30 Hospitality Lane Signal Modification & Street Improvement &
TC04-15 Hospitality Lane and Carnegie Drive/I-215 Ramps, Install Dual-Turn Lanes" to
Account No. 129-367-5504-7178 "GB04-01 Restoration of San Bernardino Santa Fe Depot."
This amount will be sufficient to cover all known and anticipated expenses for the remainder of
the project.
RECOMMENDATION:
1. Adopt Resolution; and
2. Authorize the Director of Finance to amend the FY 2003-04 budget to transfer $135,000 in
'h cent Sales Tax Funds from Account No. 129-367-5504-7302 "SS04-30 Hospitality Lane
Signal Modification & Street Improvement & TC04-15 Hospitality Lane and Carnegie
Drive/I-2l5 Ramps, Install Dual-Turn Lanes" to Account No. 129-367-5504-7178 "GB04-
01 Restoration of San Bernardino Santa Fe Depot."
3
o
c
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTlIOO {Plf
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO. 2 TO THE SERVICES AGREEMENT WITH TRANSTECH
ENGINEERS, INC. FOR CONSTRUCTION MANAGEMENT, PLAN REVIEW AND
INSPECTION SERVICES FOR THE RENOVATION OF THE CITY'S HISTORIC
DEPOT PROJECT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor is authorized to execute Amendment No. 2 to the
Agreement with Transtech Engineers, Inc. for providing Professional Services for provision of
Construction Management Services (attached and incorporated herein as Exhibit "A"). The
contract is hereby amended to establish revised compensation as follows:
1. Not to exceed amount of $725,000 to reimburse Transtech Engineers, Inc. in arrears
for direct labor cost to provide Construction Management Services as required by the
Agreement; and
2. Reimbursement of cost of subcontractors for certain specialty inspection and to rent a
trailer/office, rent portable restrooms and incur various out-of-pocket office expenses.
Subcontractor services shall be approved in advance by the City and the cost of such
services will be reimbursed, in arrears and without markup, to the Construction
Manager upon submittal of copies of paid invoices from the subcontractors,
but such agreement shall be effective only upon being fully executed by both parties.
The Mayor is hereby authorized and directed to execute said agreement on behalf of
the City.
SECTION 2. This Amendment No.2 shall not take effect or become operative until
fully signed and executed by the parties and no party shall be obligated hereunder until the time
- 1 -
o
10 III
11
12
13
C 14
15
16
17
18
19
20
21
22
23
24
25
26
o 27
28
1
2
3
4
5
6
7
8
9
RESOLUTION...APPROVING AMENDMENT NO.2 TO THE SERVICES
AGREEMENTS WITH TRANSTECH ENGINEERS, INC. FOR CONSTRUCTION
MANAGEMENT, PLAN REVIEW AND INSPECTION SERVICES FOR THE
RENOVATION OF THE CITY'S HISTORIC DEPOT PROJECT.
of such full execution. No oral agreements, amendments, modifications or waivers are intended
or authorized and shall not be implied from any act or course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
within sixty (60) days of passage of the resolution.
III
- 2 -
CJ
c
o 27
28
1
2
3
4
5
6
7
8
9
10
11
12
. I
RESOLUTION...APPROVING AMENDMENT NO.2 TO THE SERVICES I
AGREEMENTS WITH TRANSTECH ENGINEERS, INC. FOR CONSTRUCTION
MANAGEMENT, PLAN REVIEW AND INSPECTION SERVICES FOR THE
RENOVATION OF THE CITY'S HISTORIC DEPOT PROJECT.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
, 2004, by the following vote, to wit:
day of
on the
ABSTAIN ABSENT
NAYS
AYES
Council Members:
ESTRADA
LONGVILLE
MC GINNIS
DERRY
13
KELLEY
14
15 JOHNSON
16 MC CAMMACK
17
18
19
20
City Clerk
,2004.
day of
The foregoing resolution is hereby approved this
21
22
Judith Valles, Mayor
City of San Bernardino
23 Approved as to
form and legal content:
24
25 JAMES F. PENMAN,
City Attorney
26
- 3 -
Ci
EXHIBIT A
CONTRACT AMENDMENT NO.2 TO
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this of 2004, by and between the
CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and
Transtech Engineers, Inc., hereinafter referred to as "CONSTRUCTION MANAGER".
WITNESSETH
WHEREAS, City has retained Transtech Engineers, Inc. for the purpose of providing construction
management, plan review and inspection services for renovation and retrofit of the San Bernardino Santa Fe
Depot.
WHEREAS, based on the current project schedule and anticipated related staffing needs, it is anticipated
that the associated time and materials contract "ceiling" may be reduced without causing hann to the project
delivery or quality of work; and
NOW, THEREFORE, it is mutually agreed all terms and conditions of the original agreement approved
on May 21 200 I, and all approved Amendments thereto shall remain in force and effect except for the
amendment to Section SA., as follows:
C
COMPENSATION
Direct Labor by Transtech - Upon satisfactory completion of the work, the Construction Manager will
be paid time and material not to exceed $725,000.00 in arrears, for all work and services performed
under this contract and upon receipt of itemized invoices, submitted in triplicate to the contract manager.
The invoice amount will be based on the actual work performed by Construction Manager by task. For
the purpose of invoicing, certain tasks may be combined in assessing percentage completion.
Construction manager will submit an invoice to the City every four (4) weeks.
Subcontractor Cost - Cost of subcontractors for certain specialty inspection and to rent a trailerloffice,
rent portable restrooms and incur various out-of-pocket offices expenses. Subcontractor services shall
be approved in advance by the City and the cost of such services will be reimbursed, in arrears and
without markup, to the Construction Manager upon upon submittal of copies of paid invoices from the
subcontractors.
III
III
o
c)
CONTRACT AMENDMENT NO.2 TO AGREEMENT FOR Professional Construction Management
Services with Transtech Engineers, Inc..
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date
written above by their duly authorized officers on their behalf.
ATTEST:
CITY OF SAN BERNARDINO
BY:
Rachel Clark, City Clerk
City of San Bernardino
BY:
Judith Valles, Mayor
City of San Bernardino
TRANS TECH ENGINEERS, INe.
BY:
Signature
o
NAME:
Ali Cayir, P.E.
TITLE:
Principal
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
III
III
o
2
OFFICE OF THE CITY CLERK .
RACHEL G. CLARK, CM.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.cLsan-bernardino.ca.us
,,,
May 6, 2004
Transtech Engineers, Inc.
198 N. Arrowhead Avenue
San Bernardino, CA 92408
Dear Sir,
At the Mayor and Common Council meeting of May 3, 2004, the City of San Bernardino
adopted Resolution 2004-111 - Resolution approving Amendment No. 2 to the services
agreement with Transtech Engineers, Inc., for construction management, plan review and
inspection services for the renovation of the City's Historic Depot project.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by July 2, 2004.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
:/J! KJdtc -Jg/{~
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
A..nn.......vn .li;;.Uo\Dli'1l VAT TmliO:" Tntpor1hl _ Arr(mnt~hjHtv. 'Qpc;:nprt f(\r l-fnm>.:ln nionihr. l-fnnpc:tv
MEMO OF
TRANSMITTAL
To:
Michelle Taylor,
Senior Secretary
Of:
City of San Bernardino
Date:
May 17, 2004
Re:
San Bernardino Santa Fe Depot
Enclosed please find original Exhibit A, Contract Amendment No.2 to Agreement for Professional
Construction Management Services, plan review and inspection services for the renovation ofthe
City's Historic Depot; fully executed by our Principal, Ali Cayir.
Thank you.
<:
From the of SONI LPUCHE
ADMINISTRATIVE ASSISTANT
Transtech Engineers, Inc.
624 Brea Canyon Road
Walnut, Ca 91789
(909) 595-8599 Ex!. 120
Fax: (909) 595-8863
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 18, 2004
TO:
Mary Freiberg, Sr. Admin. Operations Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-111 - Transtech Engineers, Inc.
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of Amendment No.2 to the services agreement with Transtech
Engineers, Inc., for construction management, plan review and inspection services for the
renovation of the City's Historic Depot project. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please cal1 me at ext. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 6- 3-0L/ Item # 9 Resolution #
Vote: Ayes I, 3-') Nays ..0- Abstain-B-
Change to motion to amend original documents D Companion Resolutions
2C04--1 \ I
Absent ~
Null/VoidAfter: IoD days/ 1)-2-C~
Resolution # On Attachments: D Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
6-5-0'9-
5-Cc-01
Date ofClerk/CDC Signature: 6 -b--ci4
Reso. Log Updated:
Seal Impressed:
~
€I
Date Sent to Mayor:
Date of Mayor's Signature:
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
O. C. -6'f Date Returned: 6 -II( <N
2nd Reminder Letter Sent:
Not Returned: D
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes J/"
Yes
Yes
Yes
Yes
No By
No ~ By
No v: By
No -7 By
No
Copies Distributed to:
Animal Control D EDA D Information Services D
City Administrator D Facilities D Parks & Recreation D
City Attorney td Finance ~ Police Department D
Code Compliance D Fire Department D Public Services D
Development Services 0' Human Resources D Water Department D
Others: -3
Notes:
Ready to File:_
Date:
Revised 12/18/03