HomeMy WebLinkAbout2010-039
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RESOLUTION NO. 2010-39
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
3 AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH
TRANSTECH ENGINEERS, INC. TO PROVIDE PROGRAM MANAGEMENT
4 SERVICES FOR THE SANTA FE DEPOT PARKING STRUCTURE (GB04-19).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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8 Agreement for Professional Services with Transtech Engineers, Inc. to provide Program
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SECTION 1. That the City Manager is authorized to execute Amendment No. 4 to
Management Services for the Santa Fe Depot Parking Structure (GB04-19) (attached and
incorporated herein as Exhibit "A").
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SECTION 2. This Amendment No.4 shall not take effect or become operative until
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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. The authorization to execute this Agreement is rescinded if the parties to
the Agreement fail to execute it within sixty (60) days of passage of this resolution.
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2010-39
1 RESOLUTION ... APPROVING AMENDMENT NO.4 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).
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5 I HEREBY CERTIFY that the foregoing resolution was duly 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 1st
day of March
,2010, by the following vote, to wit:
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Council Members:
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10 MARQUEZ
11 DESJARDINS
12 BRINKER
13 SHORETT
14 KELLEY
ABSTAIN ABSENT
AYES
NAYS
x
x
x
x
x
15 JOHNSON
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x
MC CAMMACK
x
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b ClaA-Ie
Rac el Clark, CIty Clerk
The foregoing resolution is hereby approved this cXn.( day of March
,2010.
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Approved as to form:
JAMES F. PENMAN,
25 City ~orney
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27 B';';,.. l~ 11"' ~
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2010-39
Exhibit "A"
AMENDMENT NO.4 TO AGREEMENT FOR SERVICES
This Amendment No.4 to Agreement for Program Management Services by and between
the City of San Bernardino (Agency) and Transtech Engineers, Inc. (Consultant), is made and
entered into effective as ofthe 1st day of March, 2010 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. I 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, on June 15, 2009 the Mayor and Common Council of Agency
adopted Resolution No. 2009-162 approving Amendment No.3 to Agreement for Professional
Services with Transtech Engineers, Inc. to provide program management services for the Santa
Fe Depot Parking Structure (GB04-19); and,
E. 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,
F. WHEREAS, said Agreement for Services, as amended, will terminate on June
30,2011 unless extended as provided in said Agreement; and
G. WHEREAS, Consultant has agreed to an Amendment to the original Agreement
to compensate Consultant for additional, unanticipated work not included in the original
Agreement, a copy of Consultant's letter and negotiated fee, being attached hereto as Attachment
"A".
NOW THEREFORE, the parties hereto agree as follows:
I. Section 3 of said Agreement for Services is amended to expand the Scope of Services to
include the changes identified in the Attachment "A", attached and incorporated herein by
reference.
2010-39
Exhibit "A"
Amendmenl NO.4 to Agreemenl for Services - Tronstech Engineers, Inc.
Poge 2 of3
2. Section 5 of said Agreement for Services is amended to add the following: Over the term of
this Agreement, Consultant shall be compensated as follows:
a) Agreement for Services approved per Reso. No. 2005-370 . .. $ 586,000.00
b) AmendmentNo. I 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
e) Amendment No.4 (this Amendment) $ 40~ 1R~ 00
Total not-to-exceed Amount. . . . . . . . . . $ 1,015,810.20
3. All other terms and conditions of said Agreement for Services, Amendment No. I,
Amendment No.2 and Amendment No.3 approved by Resolution Nos. 2005-370, 2007-477,
2008-369 and 2009-162 shall remain unchanged.
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2010-39
Exhibit "A"
Amendmenl No.4 to Agreemenl for Services - Translech Engineers, Inc.
Page 3 of3
AMENDMENT NO.4 TO AGREEMENT FOR SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
Date:~
Date:
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ATTEST:
~h.~
Rache Clark, CIty Clerk
Approved as to form:
James F. Penman
City Attorney
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TRANS TECH ENGINEERS, INC.
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Print NamelTitl
by:
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2010-39
ATTACHMENT "A"
January 21, 2010
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TRANSTECh
Mr. Robert G. Eisenbeisz, P.E.
Development Services Department
City Engineer
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Subject: Contract Amendment - Agreement for Services for the Metrolink Parking
Structure at Santa Fe Depot by and between City of San Bernardino and Transtech
Engineers, Inc.
Dear Mr. Eisenbeisz,
Transtech Engineering is pleased to present this outline of tasks and associated fees for the
perpetuation of the Project Management Services for the San Bernardino Metrolink Parking
Structure at the Santa Fe Depot.
Attached herewith is the list of tasks, taken primarily from the original RFP and contained within
the current contract for services with the City, which will be required to perpetuate the current
project and maintain the current work schedule. Following the remaining project tasks (scope of
work) is the associated fee (Attachment I). This fee is established by a contract cost-percentage
algorithm.
During the course of this project's processing and development of technical plans, specifications
and estimates, there have been circumstances that have altered both the processing and timing of
certain aspects of this project. In brief, they are as follows:
. Environmental processing of documents, facilities, and technical studies. Per Attachment
I: Scope of Work of the executed Agreement for Services between Transtech and the
City, the lOth bullet delineates that the preparation of necessary documentation and
submittals to obtain necessary approvals, including environmental (assumed to be a
negative declaration without requiring any studies)... Caltrans did require technical
cultural, air quality, and noise studies for this project as a result of erroneous, inaccurate
information provided to Caltrans in similar technical studies in relation to adjacent
projects. These technical study requirements resulted in regular meetings with Caltrans,
SANBAG, and the City to facilitate and coordinate the expeditious review and approval
of this documentation for project professionals and administration.
. Study and design of off-site public improvements (Viaduct Boulevard & 12-inch water
main).
2010-39
. Phasing of PS&E package into two (2) separate design packages having of construction
operations into two (2) separate construction activities referred to herein as Phase I and
Phase 2.
. Field changes that have occurred on adjacent properties.
The development and preparation of two PS&E packages with the additional boundary
conditions associated with the additional phasing significantly increased the design and
preparation of the PS&E packages. Take the Precise Grading plan for example, there exists
boundary conditions to the north, south, east, and west of the project that must function in the
existing condition, throughout the construction process, and in the post construction completed
condition. Separating the one project into two phases does not add a straight line down the
middle of the design. The boundary conditions change to the north, south, east, and west
boundaries ofthe infrastructure work to be completed in Phase I including existing and proposed
utilities, streets, and parking lots. Again, in Phase 2, the boundary conditions change to the
north, south, east, and west boundaries of the Phase 2 work including existing and proposed
utilities, streets, and parking lots. Instead of preconstruction, construction, and post construction
constraints, now the engineers must contend with Phase I preconstruction, construction, and post
construction and Phase 2 preconstruction, construction, and post construction constraints.
Our staff is currently managing 2 projects. This 'phasing' is a departure from what was
originally anticipated. This phasing is allowing for certain improvements to be constructed in
advance of the parking structure itself. Each phase or project requires either in total or a
significant amount of the scope of services listed in Attachment I.
In consideration of the project management timeline associated with the fee for the program,
project, and construction management, the ori~inal Agreement for Services included a 36 month
schedule which commenced on November 10 , 2005. The construction ofthe parking structure
has 270 working days allocated (approximately I year) and is expected to commence in March,
2010. Incorporating any dispute resolution, project closeout, and final State and Federal
compliance requirements and documentation, Transtech may be maintaining this project through
December, 2011. This extended activity has more than doubled the timeline proposed in the
executed Agreement for Services (36 months to over 72 months).
Phase I, the construction of the Realignment of Viaduct Boulevard between 2nd Street and 3rd
Street, has been completed. Phase 2 incorporates the construction of the parking structure itself,
adjacent landscaping, and parking. This phase of work has completed plans, specifications, and
estimates. The parking structure bids have been received and are scheduled to go to Council.
Construction is anticipated to commence in March, 2010. This schedule is subject to Caltrans
and SANBAG policies and procedures.
The extension ofthe contract for services expired in June of 2009, and all funds allocated in the
original Agreement for Services have been expended and invoiced to the City for reasons stated
herein and others related to the activities mentioned and described.
Transtech is now providing the City with a cost to perpetuate the project. In our proposed fee
breakdown, we have incorporated the contract amount and the amendment amount requested to
4'3 MacKay Drive I San Bernardino CA 92408 I T 909 384 7464 I F 909 384 7475 I Tran.lech.org
2010-39
perpetuate the Construction Management portion of the parking structure, Federal Fund
Management, and a portion of the required Specialty Inspections. The Specialty Inspections are
considered to be highly technical and require the services of geotechnical soils engineers,
concrete testing, rebar, steel, and post tensioning inspections. These specialty testing and
inspections will require additional fee's to be allocated from the overall construction budget.
Currently there are bids that have been collected from various consulting firms for the purpose of
these specialty inspections. Services rendered by this discipline are field control and vary due to
soils conditions, compaction testing, weather conditions, and other factors. As such, services
provided are performed at a Time & Material (T &M) basis, which will result in additional costs
for this purpose only. If desired, the City may wish to contract for these specialty inspections
directly from their list of pre-qualified firms.
In closing, we appreciate the opportunity to provide your Department and the City with our
estimate of scope and fees for the perpetuation of this project. We have developed a close
working relationship with each of the entities involved with this undertaking. In addition, we
have acquired knowledge of the project site conditions, technical drawings and other related
circumstances that will prove useful in managing this project and working with each of the
project contractors and subcontractors.
We look forward to completing a successful project and welcome any further questions or
requests for information regarding this matter.
Very truly yours,
9V-I !.----^--
Michael Ackerman, PE, Project Manager
Transtech Engineering, Inc.
DEMlma
cc: David E. Mlynarski, Principal, Transtech, Inc.
4'3 MacKay Drive I San Bernardino CA 92408 I T 909 384 7464 I F 909 384 7475 I Tran.tech.org
2010-39
ATTACHMENT 1: FEE
Estimated Task and Labor Breakdown
original Amount
Construction Management Services Amount Requested Amended
for the San Bernardino Metrolink plus Contract
Parking Structure Amend. #1 Amendment Total
R. jj? #4
I. Federal Fund Obligation and Project $1,000 $0 $1,000
Authorization:
II. Selection of Desion Architect $20,000 $0 $20,000
III. PS&E $100,000 $50,000 $150,000
IV. Biddino and Advertisement (Citv): $15,000 $0 $15,000
V. Construction Manaoement: $200,000 $159,755 $359,755
VI. Federal Fund Manaaement: $50,000 $0 $50,000
Overall Project Management and $150,000 $119,816 $269,816
Administration
Specialty Inspection (Geotechnical,
Concrete, and Steel), Environmental $50,000 $39,939 $89,939
Studies, Constr. Survev Verification
Amendment 1 - Res. 2007-477 $10,225 $0 $10,225
Amendment 2 - Res. 2008-369 $14,200 $0 $14,200
CPI Adiustment $58,237 $58,237
Total $610,425 $427,747 $1,038,172
Deductions
Biddina and Advertisement ($15,000) ($15,000)
5% Economv Reduction ($7,362) ($7,362)
Total $610,425 $405,385 $1,015,810
4'3 MacKay Drive I San Bernardino CA 92408 I T 909 384 7464 I F 909 384 7475 I Transtech.org