HomeMy WebLinkAbout10- Development Services ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution approving Amendment No.
4 to Agreement for Professional
Dept: Development Services Services with Transtech Engineers,
Inc. to provide Program Management
Date: January 21, 2010 Services for Santa Fe Depot Parking
Structure (GB04-19).
MCC Date: March 1, 2010
Synopsis of Previous Council Action:
06/15/09 Adopted Resolution No. 2009-162 approving Amendment No. 3 to with Transtech
Engineers, Inc. for 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 with
Transtech Engineers, Inc. for program management services for the Santa Fe Depot
Parking Structure Project(GB04-19).
12/17/07 Adopted Resolution No. 2007-477 approving Amendment No. 1 to Agreement with
Transtech Engineers, Inc. for program management services for the Santa Fe Depot
Parking Structure Project (GB04-19).
11/07/05 Adopted Resolution No. 2005-370 approving Agreement with Transtech Engineers,
Inc. for program management services for the Santa Fe Depot Parking Structure
Project(GB04-19).
Recommended Motion: /!
Adopt Resolution.
Valerie C. Ross
Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203
Staff Report, Reso,
Supporting data attached: Exhibit"A"(Amendment) Ward: 1
FUNDING REQUIREMENTS: Amount: $1,015,810 (non-City funds)
Source: (Acct. No) 242-362-5504-7576
Acct. Description: Santa Fe Depot Parking Structure(GB04-19)
Finance:
Agenda Item No.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Amendment No. 4 to Agreement for Professional Services with Transtech
Engineers, Inc. to provide Program Management Services for Santa Fe Depot Parking Structure
(GB04-19).
Backaround•
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 15, 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 June 15, 2009, the Mayor and Common Council adopted Resolution No. 2009-162 approving
amendment No. 3 to the Agreement for Professional Services with Transtech Engineers, Inc.
extending the term of the Agreement to June 30, 2011. Special studies required by Caltrans
caused substantial project delays, necessitating the need for an extension of the Agreement with
Transtech.
On April 29, 2009, Caltrans approved the Categorical Exclusion (CE) for the project. A Request
for Authorization (RFA) to proceed with construction was submitted to Caltrans on April 30,
2009. Approval of the City's request is expected shortly and will include obligation of federal
Congestion Management and Air Quality(CMAQ) funds.
The project was advertised for bids on July 22, 2009 and sealed bids were received on December
15, 2009. Bomel Construction Company, Inc. was the lowest responsible bidder at a bid amount
of$4,167,526. A contract was awarded to Bomel Construction Company, Inc. on February 16,
2010.
Bomel Construction Company, Inc. should be able to start work in April of 2010 and be
completed by April of 2011. Close out of the project may require as much as 6 months after
completion of construction because of the requirement for a detailed Final Report in order to
obtain reimbursement of the 10%retention held by Caltrans.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT—Continued
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. During the
development and processing of the various Federal required documents for the project, numerous
delays were encountered due to changing regulations and submittal requirements as well as the
requirement for additional studies. In order to accelerate the project, staff decided to separately
bid the realignment of Viaduct Boulevard, a non-federal component of the project, while
completing the parking structure environmental process. This portion of the project is now
complete. In the meantime, Transtech Engineers, Inc. has notified the City that due to their extra
work efforts to process the project documents, prepare the additional studies and develop two
sets of plans, specifications and estimates resulting from the City splitting the project into two
phases, insufficient funds will be available in their contract to complete all the remaining work.
After considerable negotiations with staff, Transtech Engineers, Inc. submitted a letter proposal
(see Attachment"A"to the Amendment) agreeing to an additional not-to-exceed fee of$405,385
for their remaining project management services of managing the construction of the parking
garage.
Financial Impact:
The Metrolink parking structure project is funded entirely by external sources meaning no City
funds are being used in the project. Project funding sources are as follows:
Federal Congestion Mgmt&Air Quality(CMAQ) $ 7,138,860
SANBAG Private Rail Asset Funds $ 3,500,000
SANBAG Local Transit Funds (LTF) $ 924,915
Less LTF already paid by SANBAG $ (103, 230)
Total Funds Available = $11,460,545
Below is a summary of the costs associated with Transtech Engineers, Inc., for project
management services:
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 (this Amendment) $ 405,385.00
Total not-to-exceed Amount . . . . . . . . . . . . .$ 1,015,810.20
Adequate funding is included in the FY 09/10 budget in Account No. 242-362-5504-7576 to
cover the cost of this Amendment and all other costs necessary to complete the project.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT—Continued
Recommendation:
Adopt Resolution.
Attachments:
1 —Resolution
2—Exhibit"A"(Amendment#4)
3 —Attachment"A"(Consultant's Proposal)
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1 RESOLUTION NO. COPY
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).
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6
7 SECTION 1. That the City Manager is authorized to execute Amendment No. 4 to
8 Agreement for Professional Services with Transtech Engineers, Inc. to provide Program
9 Management Services for the Santa Fe Depot Parking Structure (GB04-19) (attached and
10 incorporated herein as Exhibit "A").
11 SECTION 2. This Amendment No. 4 shall not take effect or become operative until
12 fully signed and executed by the parties and no party shall be obligated hereunder until the time
13
14 of such full execution. No oral agreements, amendments, modifications or waivers are intended
15 or 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 to
17 the Agreement fail to execute it within sixty (60) days of passage of this resolution.
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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).
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
7 on the day of , 2010, by the following vote, to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
10 MARQUEZ
11 DESJARDINS
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16
MC CAMMACK
17
18
19 Rachel Clark, City Clerk
20 The foregoing resolution is hereby approved this day of , 2010.
21
22
Patrick J. Morris, Mayor
23 City of San Bernardino
Approved as to form:
24
JAMES F. PENMAN,
25
City Attorney
26
27 By LWAJA
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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 of the day of , 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. 1 to Agreement for Services with
Transtech Engineers, Inc. to provide program management services for the Santa Fe Depot
Parking Structure(GB04-I9); 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:
1. 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.
Exhibit"A"
Amendment No.4 to Agreement for Services—Transtech Engineers,Inc.
Page 2 of 3
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. 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
e) Amendment No. 4 (this Amendment) P 405,385.00
Total not-to-exceed Amount . . . . . . . . . . $ 1,015,810.20
3. All other terms and conditions of said Agreement for Services, Amendment No. 1,
Amendment No. 2 and Amendment No. 3 approved by Resolution Nos. 2005-370, 2007-477,
2008-369 and 2009-162 shall remain unchanged.
2
Exhibit"A"
Amendment No.4 to Agreement for Services—Transtech Engineers, Inc.
Page 3 of 3
AMENDMENT NO. 4 TO AGREEMENT FOR SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
TRANSTECH 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
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ATTACHMENT "A"
--t
January 21, 2010 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.
r-.
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 1). 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
1: Scope of Work of the executed Agreement for Services between Transtech and the
City, the 10�' 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).
• 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 1 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 of the infrastructure work to be completed in Phase 1 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 1.
In consideration of the project management timeline associated with the fee for the program,
project, and construction management, the original Agreement for Services included a 36 month
schedule which commenced on November 10 , 2005. The construction of the parking structure
has 270 working days allocated (approximately 1 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 of the 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
423 MacKay Drive I San Bernardino CA 92408 1 T 909 384 7464 I F 909 384 7475 I Transtech.org
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 1pok forward to completing a successful project and welcome any further questions or
requests for information regarding this matter.
Very truly yours,
y/ourQs,
�1- _
/
Michael Ackerman, PE, Project Manager
Transtech Engineering, Inc.
DEM/ma
cc: David E. Mlynarski, Principal, Transtech, Inc.
413 MacKay Drive I San Bernardino CA 92408 1 T 909 384 7464 1 F 909 384 7475 1 Transtech.org
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 Ame#4ment Total
I. Federal Fund Obligation and Project $1,000 $0 $1,000
Authorization:
II. Selection of Design Architect $20,000 $0 $20,000
III. PSBE $100,000 $50,000 $150,000
IV. Bidding and Advertisement (City) $15,000 $0 $15,000
V. Construction Management: $200,000 $159,755 $359,755
VI. Federal Fund Management: $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. Survey Verification
Amendment 1 - Res. 2007-477 $10,225 $0 $10,225
Amendment 2 - Res. 2008-369 $14,200 $0 $14,200
CPI Adjustment $58.237 $58,237
Total $610,425 $427,7471 $1,038,172
Deductions
Bidding and Advertisement ($15,000) ($15,000)
5% Economy Reduction ($7,362) ($7,362)
Total $610,425 $405,385 $1,015,810
413MacKay Drive I San Bernardino CA92408 I T9093847464 I F9093847475 I Transtech.org