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HomeMy WebLinkAbout2009-162 1 RESOLUTION NO. 2009-162 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 3 AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH TRANSTECH ENGINEERS, INC. TO PROVIDE PROGRAM MANAGEMENT 4 SERVICES FOR THE SANTA FE DEPOT PARKING STRUCTURE (GB04-19). 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the City Manager is authorized to execute Amendment No. 3 to 8 Agreement for Professional Services with Transtech Engineers, Inc. to provide Program 9 Management Services for the Santa Fe Depot Parking Structure (GB04-l9) (attached and 10 11 12 13 14 15 16 17 18 III 19 11/ 20 incorporated herein as Exhibit "A"). SECTION 2. This Amendment No. 3 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 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 This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. 21 22 23 24 25 26 27 28 - I - 2009-162 1 RESOLUTION ... APPROVING AMENDMENT NO.3 TO AGREEMENT FOR 2 PROFESSIONAL SERVICES WITH TRANSTECH ENGINEERS, INC. TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR THE SANTA FE DEPOT PARKING 3 STRUCTURE (GB04-19). 4 5 I HEREBY CERTIFY that the foregoing resolution was duIy adopted by the Mayor and 6 Common Council of the City of San Bernardino at a j oint regular meeting thereof, held 7 on the 15th day of June 8 9 10 11 12 13 14 15 16 17 18 19 20 , 2009, by the following vote, to wit: Council Members: AYES ESTRADA x - BAXTER x x BRINKER SHORETT x - KELLEY x JOHNSON x x MC CAMMACK NAYS ABSTAIN ABSENT ~~Cl~ The foregoing resolution is hereby approved this /t/ll day of June ,2009. 21 22 23 Approved as to form: 24 JAMES F. PENMAN, 25 City Attorney 26 ~ 27 28 -2- 2009-162 Exhibit "A" AMENDMENT NO.3 TO AGREEMENT FOR SERVICES This Amendment No. 3 to Agreement for Program Management Services by and between the City of San Bernardino (Agenc~) and Transtech Engineers, Inc. (Consultant), is made and entered into effective as of the 1 th day of June , 2009 by and between the Agency and the Consultant. WITNESSETH: A. WHEREAS, on November 7, 2005 the Mayor and Common Council of Agency adopted Resolution No. 2005-370 approving an Agreement for Services with Transtech Engineers, Inc. to provide program management services for the Santa Fe Depot Parking Structure (GB04-19); and, B. WHEREAS, on December 17, 2007 the Mayor and Common Council of Agency adopted Resolution No. 2007-477 approving Amendment No. 1 to Agreement for Services with Transtech Engineers, Inc. to provide program management services for the Santa Fe Depot Parking Structure (GB04-19); and, C. WHEREAS, on September 15, 2008 the Mayor and Common Council of Agency adopted Resolution No. 2008-369 approving Amendment No, 2 to Agreement for Professional Services with Transtech Engineers, Inc. to provide program management services for the Santa Fe Depot Parking Structure (GB04-19); and, D. WHEREAS, the Agency has a continuing need for the Consultant to provide Program Management Services for Santa Fe Depot Parking Structure (GB04-19) during construction of said structure; and, E. WHEREAS, said Agreement for Services, as amended, will terminate on June 30, 2009 unless extended as provided in said Agreement; and F. WHEREAS, Consultant has requested that the term of the contract be extended through the period of construction and project closeout as indicated in Attachment" A", NOW THEREFORE, the parties hereto agree as follows: 1. Section 1 of said Agreement for Services is amended to extend the term until June 30, 2011, unless terminated earlier as provided in said Agreement as Amended. 2009-162 Exhibit" A" -. Amendment No.3 to Agreement for Services - Transtech Engineers, Inc. Page 2 of3 2. Over the term of this Agreement, Consultant shall be compensated for said Agreement as follows: a) Agreement for Services approved per Reso. No. 2005-370 . . . $ 586,000.00 b) Amendment No.1 per Reso. No. 2007-477............... .... . . 10,225.00 c) Amendment No.2 per Reso. No. 2008-369 . . . . . . . . . . .... .. 14,200.20 d) Amendment No.3 0.00 Total not-to-exceed amount. . . . . . . . . . . . $ 610,425,20 3. All other terms and conditions of said Agreement for Services, Amendment No. 1 and Amendment No.2 approved by Resolution Nos. 2005-370, 2007-477 and 2008-369 shall remain unchanged. 11/ /11 2 2009-162 Exhihit "A" Amendment No.3 to Agreement for Services - Transtech Engineers, Inc. Page 3 of3 AMENDMENT NO.3 TO AGREEMENT FOR SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. Date: by: TRANSTECH ENGINEERS, INe. ~. [21 t\.. " c.' /, ,- s~~~ Print NamelTitle - ~\~ r Date: ~//~f by: ATTEST: ~h.~ Rac e Clark, City Clerk Approved as to form: James F. Penman City Attorney ?t!~ 3 2009-162 ATTACHMENT "A" ,g TRANSTECH .. .' ~ May 14,2009 Mr. Robert G. Eisenbeisz, P.E. Development Services Department City Engineer City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Subject: Time Extension for Construction Management Services for the Metrolink Parking Structure by and between City of San Beruardino and Transtech Engineers, Inc. Dear Mr. Eisenbeisz, Transtech Engineer's is pleased to be performing Project and Construction Management services for the Metrolink Parking Structure in the City of San Bernardino. However, our current contract is scheduled for expiration on June 30, 2009. Transtech respectfully requests an extension oftime to complete the Project and Construction Management services. Construction of the Realignment of Viaduct Boulevard between 2nd Street and 3rd Street has commenced. Construction of the San Bernardino Metrolink Parking Structure is scheduled for autunm of 2009, and project completion is scheduled for December 2010. It is estimated that project closeout and full Caltrans reimbursement may require an additional 6 months post project completion. We look forward to completing a successful project and welcome any further questions or requests for information regarding this matter. Very truly yours, ;h:LI t---- Michael Ackerman, PE, Project Manager Transtech Engineers, Inc. DEMlma cc: David E. Mlynarski, Principal, Transtech, Inc. 413 MacKay Drive I San Bernardino CA 92408 I T 909 384 7464 I F 909 384 7475 I Transtech.org