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ORIGINAL
CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
From:
Valerie C. Ross, Director
Subject:
Resolution approving Amendment
No. 3 to Agreement for Professional
Services with Transtech Engineers,
Inc. to provide Program Management
Services for Santa Fe Depot Parking
Structure (GB04-l9).
Dept:
Development Services
Date:
May 20, 2009
MCC Date: June 15,2009
Synopsis of Previous Council Action:
09/19/05 Adopted Resolution No. 2005-317 authorizing the execution of Amendment No.3 and
ratifYing Amendment No. 2 to the Cooperative Agreement with the San Bernardino
Associated Governments (SANBAG) for the Metrolink Commuter Rail Station and the
Santa Fe Depot Rehabilitation Project, Contract No. 04-040.
11/07/05 Adopted Resolution No. 2005-370 approving an Agreement for Professional Services
with Transtech Engineers, Inc. to provide program management services for the Santa
Fe Depot Parking Structure Project (GB04-19).
12/17/07 Adopted Resolution No. 2007-477 approving Amendment No. I to Agreement for
Professional Services with Transtech Engineers, Inc. to provide program management
services for the Santa Fe Depot Parking Structure Project (GB04-19).
09/15/08 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 Project (GB04-l9).
Recommended Motion:
Adopt Resolution.
~ t 'RH1-
Valerie C. Ross
Contact Person: Robert Eisenbeisz, City Engineer
Phone:
5203
Staff Report, Maps, Reso,
Supporting data attached: Exhibit "A" (Amendment)
Ward:
I
FUNDING REQUIREMENTS: Amount: None
Source: (Ace!. No)
242-362-5504-7576
Acct. Description: Santa Fe Depot Parking Structure (GB04-19)
Finance:
go
200Q- I~.;:z
Agenda Item No.
~3
(P-fS"-Oq
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Amendment No.3 to Agreement for Professional Services with Transtech
Engineers, Inc. to provide Program Management Services for Santa Fe Depot Parking Structure
(GB04-19).
Background:
On November 7, 2005, the Mayor and Common Council adopted Resolution No. 2005-370
approving an Agreement for Professional Services with Transtech Engineers, Inc. in the amount
of $586,000 to provide program management services for the Santa Fe Depot Parking Structure
(GB04-19). The original term of the Agreement was 3 years, making the expiration date
November 7, 2008.
On December 17, 2007, the Mayor and Common Council adopted Resolution No. 2007-477
approving amendment No. I to the Agreement for Professional Services with Transtech
Engineers, Inc. increasing the contract amount by $10,225 for the purpose of designing the
relocation of a waterline for the Santa Fe Depot Parking Structure Project.
On September IS, 2008, the Mayor and Common Council adopted Resolution No. 2008-369
approving amendment No. 2 to the Agreement for Professional Services with Transtech
Engineers, Inc. increasing the contract amount by $14,200 for the preparation and processing
through Caltrans of an Air Quality Conformity Analysis (AQCA) and extending the term of the
Agreement to June 30, 2009.
On April 29, 2009, Caltrans approved the Categorical Exclusion (CE) for the project. On April
30, 2009, a Request for Authorization (RFA) to proceed with construction was submitted to
Caltrans. Approval of the City's request is expected in June 2009 and will include obligation of
federal Congestion Management and Air Quality (CMAQ) funds.
Staff anticipates that the project can be advertised for bids in late June or early July.
Construction can start in September of 2009 and be completed by December of 2010. Final
closure of the project may require as much as 6 months because a detailed Final Report is
required in order to obtain reimbursement of the 10% retention held by Caltrans.
The services of Transtech Engineers, Inc. will be needed through completion of construction.
Therefore, staff is recommending approval of Amendment No.3 that will extend the term of the
Agreement until the project is finalized, unless terminated earlier as provided in the Agreement.
In January 2008, it became apparent that special studies required by Caltrans for processing the
Metrolink Parking structure project through the environmental process would delay the project
for about one year. Therefore, staff decided to bid the realignment of Viaduct Boulevard, a non-
federal component of the project, separately while completing the parking structure
environmental process. Transtech Engineers, Inc. recently notified staff that the City's decision
to bid the realigrunent of Viaduct Boulevard separately increased their cost substantially and they
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
will be requesting a change order to cover the increased cost. Staff is discussing this increase
with Transtech Engineers, Inc. and may submit an Amendment No.4 to the Mayor and Common
Council for approval at a later date.
Financial Impact:
Funding for the project is broken down as follows:
Federal Congestion Mgrnt & Air Quality (CMAQ)
SANBAG Private Rail Asset Funds
SANBAG Local Transit Funds (L TF)
Less L TF already paid by SANBAG
Total Funds Available =
$ 7,138,860
$ 3,500,000
$ 924,915
$ (J 03. 230)
$11,460,545
CMAQ and SANBAG funds are subject to reimbursement in arrears. Reimbursement requests
will be submitted monthly to Caltrans and SANBAG as the construction progresses.
The estimated construction costs are as follows:
Construction Contract
Construction Inspection and Administration
Contingencies
Total Construction Cost
$ 8,597,600
$ 1,000,000
$ 866.400
$10,464,000
Transtech's contract to provide program management services is currently $610,425.20. There
will be no increase in the Transtech Engineers, Inc. contract cost, due to this Amendment.
Adequate funding is proposed to be included in the FY 09/10 budget in Account No. 242-362-
5504-7576 to cover the construction cost of this project.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
t(Q)~V
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
8 Agreement for Professional Services with Transtech Engineers, Inc. to provide Program
SECTION I. That the City Manager is authorized to execute Amendment No. 3 to
9 Management Services for the Santa Fe Depot Parking Structure (GB04-19) (attached and
10 incorporated herein as Exhibit "A").
11
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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
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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.
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16 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
17 within sixty (60) days of passage ofthe resolution.
18 III
19 11/
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- 1 -
.::\tl~
(o-l ')>00
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 duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
meeting thereof, held
, 2009, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
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Approved as to form:
MC CAMMACK
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of ,2009.
Patrick 1. Morris, Mayor
City of San Bernardino
24
JAMES F. PENMAN,
25 City Attorney
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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 (Agency) and Transtech Engineers, Inc. (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 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-l9); 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 I 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.
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.
III
III
2
Exhibit "A"
Amendment No.3 to Agreement for Services - Transtech Engineers, Inc.
Page 3 00
AMENDMENT NO.3 TO AGREEMENT FOR SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
TRANS TECH ENGINEERS, INC.
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
?t!~
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ATTACHMENT "A"
./
TRAIVSTECh
~.
iiiiiIi
San Bernardino Assodlled &wernmenls
-.. J-\. J ......" J\ r::
~"....J" :::;.;"...~.:..;J
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 Bernardino 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 of time 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
autumn 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~
Michael Ackerman, PE, Project Manager
Transtech Engineers, Inc.
DEM/ma
cc: David E. Mlynarski, Principal, Transtech, Inc.
413MacKayDrive I SanBernardinoCA92408 I T9093847464 I F909384747S I Transtech.org