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HomeMy WebLinkAbout11-Development Services G CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution approving Amendment No. 1 to Agreement for Services with Dept: Development Services Owen Design Group, Inc. for design and construction of the Santa Fe Date: October 8, 2009 Depot Metrolink Parking Structure project(GB04-19). MCC Date: November 16, 2009 Synopsis of Previous Council Action: 05-01-06 Adopted Resolution No. 2006-114 approving an Agreement for Professional Architectural and Engineering Services with Owen Design Group, Inc. for design and construction of the Santa Fe Depot Parking Structure project (GB04- 19). Recommended Motion: Adopt Resolution. V&�ell TA#-- Valerie C. Ross Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203 Staff Report, Resolution& Supporting data attached: Exhibit"A"(Amendment) Ward: 1 FUNDING REQUIREMENTS: Amount: None Source: (Acct.No) 242-362-5504-7576 Acct. Description: Santa Fe Depot Parking Structure (GB04-19) Finance: �s a Zoo 9- 35Z Agenda Item No. I I CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving Amendment No. 1 to Agreement for Services with Owen Design Group, Inc. for design and construction of the Santa Fe Depot Metrolink Parking Structure project (GB04-19). Background: The Santa Fe Depot Metrolink Parking Structure (GB 04-19)was first introduced into the Capital Improvement Program (CIP) during the 2005/2006 fiscal year. The project consists of construction of a three level parking structure to provide parking for approximately 350 cars primarily for use by Metrolink riders. Funding for the project consists of a combination of Federal Congestion Management & Air Quality (CMAQ) and SANBAG Local Transportation funds. On November 7, 2005, Resolution No. 2005-370 was adopted approving an Agreement for Professional Services with Transtech Engineers, Inc. to provide program management services for the Santa Fe Depot Metrolink Parking Structure Project. The terms of Transtech Engineers' Agreement required that the City enter into a separate Agreement with an architectural firm to provide architectural and structural design services for the structure. On May 1, 2006, Resolution No. 2006-114 was adopted approving a separate Agreement for Professional Architectural and Engineering Services in the amount of $399,608.00 with Owen Design Group, Inc. for design and construction of the parking structure. The original term of the Agreement with Owen Group was 3 years. This term was expected to be more than adequate at time of approval, however, due to delays in processing the Environmental Document through Caltrans,the Agreement expired as of May 1, 2009. The Owen Design Group, Inc. will be needed to provide bid and construction support services through completion of construction. Therefore, staff is recommending approval of Amendment No. 1 that will extend the term of the Agreement until June 30, 2011. This extension will allow time for completion of construction and close out of the project. The Consultant's fee for these services is covered in the original Agreement and no increase in fee is authorized by this Amendment. Financial Impact: This sole purpose of Amendment No. 1 is to extend the term of the Agreement. Therefore, there will be no additional cost to the City due to this Amendment. 2 CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION STAFF REPORT (CONTINUED) Adequate funding is included in the FY 09/10 budget in Account No. 242-362-5504-7576 to cover the cost of the project. Recommendation: Adopt Resolution. z 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 3 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES WITH OWEN DESIGN GROUP, INC. FOR DESIGN 4 AND . CONSTRUCTION OF THE SANTA FE DEPOT PARKING STRUCTURE PROJECT (GB04-19). 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the City Manager is authorized to execute Amendment No. 1 to 8 Agreement for Professional Services with Owen Group, Inc. to provide Professional 9 Architectural and Engineering Services for the Santa Fe Depot Parking Structure (GB04-19) 10 11 (attached and incorporated herein as Exhibit"A"). 12 SECTION 2. This Amendment No. 1 shall not take effect or become operative until fully 13 signed and executed by the parties and no party shall be obligated hereunder until the time of 14 such full execution. No oral agreements, amendments, modifications or waivers are intended or 15 authorized and shall not be implied from any act or course of conduct of any party. 16 SECTION 3. The authorization to execute this agreement is rescinded if the parties fail 17 18 to execute it within sixty (60) days of passage of this resolution. 19 20 21 22 23 24 25 26 27 28 I RESOLUTION ... APPROVING AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES WITH OWEN 2 DESIGN GROUP, INC. FOR DESIGN AND CONSTRUCTION OF THE SANTA FE 3 DEPOT PARKING STRUCTURE PROJECT (GB04-19). 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 7 Common Council of the City of San Bernardino at a meeting thereof, held 8 on the day of , 2009, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 BRINKER 13 14 SHORETT 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 Rachel Clark, City Clerk 20 21 The foregoing resolution is hereby approved this day of 12009. 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, 26 ity Attorney 27 - y: 28 - 2 - Exhibit"A" AMENDMENT NO. 1 TO AGREEMENT FOR SERVICES This Amendment No. 1 to Agreement for Services by and between the City of San Bernardino (Agency) and OWEN GROUP, INC., doing business in California as OWEN DESIGN GROUP, INC., a Nevada corporation (Consultant), is made and entered into effective as of the day of 2009 by and between the Agency and the Consultant. WITNESSETH: A. WHEREAS, on May 1, 2006 the Mayor and Common Council of the Agency adopted Resolution No. 2006-114 approving an Agreement for Services with Owen Design Group, Inc. for design and construction of the Santa Fe Depot Parking Structure project (GB04- 19); and, B. WHEREAS, the Agency has a continuing need for the Consultant to provide Professional Architectural and Engineering Services for the Santa Fe Depot Parking Structure (GB04-19) during construction of said structure; and, C. WHEREAS, said Agreement for Services expired as of May 1, 2009; and D. WHEREAS, Consultant has requested that the term of the contract be extended until June 30, 2011, 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. 2. Over the term of this Agreement, Consultant shall be compensated for said Agreement as follows: a) Agreement for Services approved per Reso. No. 2006-114. . . $399,608.00 b) Amendment No. 1 (this Amendment) 0.00 Total not-to-exceed amount . . . . . . . . . . . . $399,608.00 3. All other terms and conditions of said Agreement for Services approved by Resolution No. 2006-114 shall remain unchanged. Exhibit "A" Amendment No. 1 to Agreement for Services—Owen Design Group,Inc. Page 2 of 2 AMENDMENT NO. 1 TO AGREEMENT FOR SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. OWEN GROUP, INC., doing business in California as OWEN DESIGN GROUP, INC., a Nevada corporation. Date: by: Signature Print Name/Title CITY OF SAN BERNARDINO Date: by: Charles E. McNeely, City Manager City of San Bernardino ATTEST: Rachel Clark, City Clerk Approved as to form: James F. Penman City Attorney By: . 2 ATTACHMENT"A" • AMENDMENT TO AGREEMENT ADDITIONAL CONTRACT EXTENSION REQUEST Date September 22, 2009 Agreement No. 999969 (Purchase Order) Name Michael Grubbs Company City of San Bernardino 300 North T" Street Address San Bernardino CA 92418 Owen Project No. 806.2109.1 In accordance with your request,this letter constitutes an authorization to extend our current contract with the following additional contract. From: May 1,2009 To: June 30 2011 All other terms and conditions of the Agreement not specifically modified above remain in full force and effect as therein set forth and not altered by this Amendment. We understand that you concur with the above stated proposed change and are, therefore, preceding with the subject project tasks. Please return (1) one copy of this letter with the proper authorized party's signature and/or initials where indicated. This will constitute our written authorization to perform these services. We look forward to assisting you. Sincerely, OWEN GROUP,Inc. City of San Bernardino r Signature Date Signature Date Michael Che ine i, Project Principal Name/Title Name/Title C:\Documents and Settings\mchegini\Local Settings\Temporary Internet Files\Content.Outlook\05EX5AAS\Amendment to Agreement-City of San Bernardino.doc CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ArnOO PY From: Valerie C. Ross, Director Subject: Resolution approving Amendment No. 1 to Agreement for Services with Dept: Development Services Owen Design Group, Inc. for design and construction of the Santa Fe Date: October 8, 2009 Depot Metrolink Parking Structure project(GB04-19). MCC Date: November 16, 2009 Synopsis of Previous Council Action: 05-01-06 Adopted Resolution No. 2006-114 approving an Agreement for Professional Architectural and Engineering Services with Owen Design Group, Inc. for design and construction of the Santa Fe Depot Parking Structure project (GB04- 19). Recommended Motion: Adopt Resolution. ���r�Gl/�j, �a►-,tom Valerie C. Ross Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203 Staff Report, Resolution& Supporting data attached: Exhibit"A"(Amendment) Ward: 1 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No) 242-362-5504-7576 Acct. Description: Santa Fe Depot Parking Structure (GB04-19) Finance: Agenda Item No. �p CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving Amendment No. 1 to Agreement for Services with Owen Design Group, Inc. for design and construction of the Santa Fe Depot Metrolink Parking Structure project (GB04-19). Background: The Santa Fe Depot Metrolink Parking Structure (GB 04-19)was first introduced into the Capital Improvement Program (CIP) during the 2005/2006 fiscal year. The project consists of construction of a three level parking structure to provide parking for approximately 350 cars primarily for use by Metrolink riders. Funding for the project consists of a combination of Federal Congestion Management & Air Quality (CMAQ) and SANBAG Local Transportation funds. On November 7, 2005, Resolution No. 2005-370 was adopted approving an Agreement for Professional Services with Transtech Engineers, Inc. to provide program management services for the Santa Fe Depot Metrolink Parking Structure Project. The terms of Transtech Engineers' Agreement required that the City enter into a separate Agreement with an architectural firm to provide architectural and structural design services for the structure. On May 1, 2006, Resolution No. 2006-114 was adopted approving a separate Agreement for Professional Architectural and Engineering Services in the amount of $399,608.00 with Owen Design Group, Inc. for design and construction of the parking structure. The original term of the Agreement with Owen Group was 3 years. This term was expected to be more than adequate at time of approval, however, due to delays in processing the Environmental Document through Caltrans, the Agreement expired as of May 1, 2009. The Owen Design Group, Inc. will be needed to provide bid and construction support services through completion of construction. Therefore, staff is recommending approval of Amendment No. 1 that will extend the term of the Agreement until June 30, 2011. This extension will allow time for completion of construction and close out of the project. The Consultant's fee for these services is covered in the original Agreement and no increase in fee is authorized by this Amendment. Financial Impact: This sole purpose of Amendment No. 1 is to extend the term of the Agreement. Therefore, there will be no additional cost to the City due to this Amendment. 2 CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION STAFF REPORT (CONTINUED) Adequate funding is included in the FY 09/10 budget in Account No. 242-362-5504-7576 to cover the cost of the project. Recommendation: Adopt Resolution.