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Home My WebLink About2011-074 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 3 AMENDMENT NO. 5 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RESOLUTION NO. 2011-74 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is authorized to execute Amendment No. 5 to Agreement for Professional Services with Transtech Engineers, Inc. to provide Program Management Services for the Santa Fe Depot Parking Structure (GB04-19) (attached and incorporated herein as Exhibit "A"). SECTION 2. This Amendment No. 5 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. The authorization to execute this Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of passage of this resolution. //1 /1/ 21 22 23 24 25 26 27 28 - I - 2011-74 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 2 AMENDMENT NO. 5 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH TRANSTECH ENGINEERS, INC. TO PROVIDE PROGRAM MANAGEMENT 3 SERVICES FOR THE SANTA FE DEPOT PARKING STRUCTURE (GB04-19). 4 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 7 Joint regular meeting thereof, held on the 21st day of March ,2011, by the following vote, to wit: 8 9 MARQUEZ 10 11 12 13 14 15 16 17 18 19 20 Council Members: AYES NAYS ABSTAIN ABSENT x VACANT BRINKER x SHORETT x KELLEY ---..lL JOHNSON x MC CAMMACK x a,~J,L{ /;J UJU1~ Rachel Clark, City Clerk The foregoing resolution is hereby approved this C;:?.ljrll day of March ,2011. 21 22 23 24 AMES F. PENMAN, 25 ity Attorney 26 27 28 ~MaYOr City of San Bernardino - 2 - 2011-74 Exhibit "A" AMENDMENT NO.5 TO AGREEMENT FOR SERVICES This Amendment No.5 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 of the 21st day of March ,2011 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, on March I, 2010 the Mayor and Common Council of Agency adopted Resolution No. 2010-39 approving Amendment No.4 to Agreement for Professional Services with Transtech Engineers, Inc. to provide program management services for the Santa Fe Depot Parking Structure (GB04-19); and F. WHEREAS, the Agency has a continuing need for the Consultant to provide Construction Management Services for the Santa Fe Depot Parking Structure (GB04-19) during construction of said structure; and, G. WHEREAS, said Agreement for Services, as amended, will terminate on June 30,2011 unless extended as provided in said Agreement; and H. 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 not-to-exceed fee, being attached hereto as Attachment "A". 2011-74 Exhibit "A" Amendment No.5 to Agreement for Services - Transtech Engineers, Inc. Page 2 of3 NOW THEREFORE, the parties hereto agree as follows: I. Section I of said Agreement for Services is amended to extend the term of the Agreement to September 30,2011, unless terminated earlier as provided in said Agreement as amended. 2. 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. 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) Amendment No. 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 per Reso. No. 2009-162 0.00 e) Amendment NO.4 per Reso. No. 2010-39 405,385.00 f) Amendment No.5 (this request) 399,626.00 Total not-to-exceed Amount. . . . . . . .. . $ 1,415,436.20 3. All other terms and conditions of said Agreement for Services, Amendment No. I, Amendment No.2, Amendment No.3 and Amendment No.4 approved by Resolution Nos. 2005-370,2007-477,2008-369,2009-162 and 2010-39 shall remain unchanged. 1// 1// 2 2011-74 Exhibit "A" Amendment NO.5 to Agreement for Services - Transtech Engineers, Inc. Page 3 of3 AMENDMENT NO.5 TO AGREEMENT FOR SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. by: tml Date: Date: ~v~~\\\ by: ATTEST: ~~h.~ Rac Clark, City Clerk Approved as to form: James F. Penman City Attorney 3 2011-74 ATTACHMENT "A" , , ~"'/.'., ....~~..~."."' . i-':;x"".'" .' ,;,-."" January 21, 2011 TRANSTECH Mr. Robert G. Eisenbeisz, P.E. Development Services Department City Engineer City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Subject: Contract Amendment - Agreement for Services for the San Bernardino 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 letter requesting amendment to the Agreement for Services and extension of time for the completion of the Project Management Services, Construction Engineering, and Project Closeout for the San Bernardino Metrolink Parking Structure at the Santa Fe Depot. Attached herewith are items contained within the current contract for services with the City, which are required to complete the current project and facilitate the closeout of this successful project which is on time and under budget. 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. . Study and design of off-site public improvements (Viaduct Boulevard & 12-inch water main). . Phasing of PS&E package into two (2) separate PS&E packages having of construction operations into two (2) separate construction activities (Phase I and Phase 2). . Field changes that have occurred on adjacent properties. . Extension of the project management timeline associated with the fee for the program, project, and construction management (36 months to over 72 months). The extension of the contract for services will expired in June of 20 II. Bomel Construction Company, Inc. is scheduled to complete work by April of 2011. Close out of the project will require as much as 6 months post completion of construction due to regional and federal program management and funding requirements including detailed Final Reports in order to facilitate reimbursement of project costs and the 10% retention held by Caltrans. 2011-74 As the City's contract project manager for the Metrolink parking structure project, Transtech Engineers, Inc., has been responsible for managing all aspects of the project, including the preparation of funding and environmental documents, construction management, contract administration, and providing oversight and management of the design architect. The San Bernardino Metrolink Parking Structure is a substantial and successful project for the City and is federally and regionally funded. Transtech is now providing the City with a cost to complete the Project Management, Construction Engineering, Project Closeout requirements. The fee incorporates Construction, Management, Construction Engineering, Overall Project Management and Administration, Specialty Inspections, and Project Closeout portion of the parking structure construction. The Specialty Inspections are highly technical and require the services of geotechnical soils engineers, concrete testing, rebar, steel, and post tensioning inspections. Services rendered by specialty testing and inspection are field controlled and vary due to soils conditions, compaction testing, weather conditions, contractor's construction schedule, and other factors. As such, services provided are being performed at a Time & Material (T &M) basis, which have resulted in additional costs. Transtech Engineers, Inc. is submitting this letter proposal requesting and agreeing to an additional fee of$399,626 for the remaining construction engineering services and specialty inspection and testing of the construction of the San Bernardino Metrolink Parking Structure and extension the term of the Agreement to September 30, 20 II. In closing, we appreciate the opportunity to provide your Department and the City for the completion of this very successful 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 have proven 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, 9z:LI L-------- Michael Ackerman, PE, Project Manager Transtech Engineering, Inc. DEM/ma cc: David E. Mlynarski, Principal, Transtech, Inc. 4:13 MacKay Drive I San Bernardino CA 92408 I T 909 384 7464 I F g09 384 7475 I Transtech.org 2011-74 ATTACHMENT 1: FEE Estimated Task and Labor Breakdown Original Arno unt Amount Construction Management Services Amount Requested Req uested Amended forthe San Bernardino Metrolink plus Amendment Amendment Con tract Parking Structure Amend. #1 #4 #5 Total . ~. I. Federal Fund Obligation and Project $1,000 $0 $0 $1,000 Authorization: II. Selection of Design Architect $20,000 $0 $0 $20,000 III. PS&E $100,000 $50,000 $0 $150,000 IV. BiddinQ and Advertisement (City): $15,000 $0 $0 $15,000 V. Construction Manaaement $200,000 $159,755 $279,593 $639,348 VI. Federal Fund Management $50,000 $0 $0 $50,000 Overall Project Management and $150,000 $119,816 $46,893 $316,709 Administration Specialty Inspection (Geotechnical, Concrete, and Steel), Environmental $50,000 $39,939 $73,140 $163,079 Studies, Constr. SUlVevVerification Amendment 1 - Res. 2007-477 $10,225 $0 $0 $10,225 Amendment 2 - Res. 2008-369 $14,200 $0 $0 $14,200 CPI Adiustment $58,237 $0 $58,237 Total $610,425 $427,747 $399,626 $1,437,798 Deductions Bidding and Advertisement ($15,000) ($15,000) 5% Economv Reduction ($7,362 ($7,362) Total $610,425 $405,385 $399,626 $1,415,436 413 MacKay Drive I San Bernardino CA 92408 I T 909 384 7464 I F g09 384 7475 I Transtech.org