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ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director Subject: Resolution approving Amendment
No. 2 to Agreement for Professional
Dept: Public Works - Engineering Architectural and Engineering
Services for the Metrolink Parking
Date: February 10, 2011 Structure at Santa Fe Depot with
Owen Design Group, Inc. for design
and construction of the Santa Fe
Depot Metrolink Parking Structure
project (GB04-19).
MCC Date: March 7, 2011
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).
11/16/09 Adopted Resolution No. 2009-352 approving Amendment No. 1 to 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.
Signature
Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203
Staff Report, Resolution&
Supporting data attached: Exhibit"A"(Amendment) Ward: 1
FUNDING REQUIREMENTS: Amount: $44,098
Source: (Acct. No) 242-160-5504-7576-0025
Acct. Description: Santa Fe Depot Parking Structure (GB04-19)
Finance:
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Amendment No. 2 to Agreement for Professional Architectural and
Engineering Services for the Metrolink Parking Structure at Santa Fe Depot 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 City entered 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 services related to the design and construction of the parking structure.
The original term of the Agreement with Owen Group was 3 years. On November 16, 2009,
Amendment No. 1 was approved, extending the term from May 1, 2009 to June 30, 2011. During
construction, the Architect was required to provide additional services that were beyond the
scope of services identified in the agreement. These services include:
1. Attendance at additional meetings and site visits beyond the scope of the original contract.
2. Change approved lighting design from standard fluorescent to Light Emitting Diode (LED).
3. Eliminate wheel stops at all tiers (except accessible stalls), add barrier cables around the
perimeter of the structure at Tier 1, and add wiring for future cameras at Tier 1 though 3.
4. Provide support services during elevator installation to insure proper set up of elevator recall
system that causes the elevator to return to the main level in case of a fire alarm.
The modifications to the Architect's scope of services are explained in more detail in the
attached Change Order Nos. 3 and 4 (Attachment "1") from the Consultant dated January 20,
2011. The total amount of the requested amendment is $44,098, which will cover the anticipated
cost of services through the completion of construction. Staff feels this amount is fair and
reasonable for the extra work involved.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT—Continued
Financial Impact:
Adequate funding to cover the cost of this amendment in the amount of$44,098 is available in
the FY 10/11 CIP budget for Project No. GB04-19 (Account No. 242-160-5504-7576-0025)
"Santa Fe Depot Parking Structure." The cost of this project is being reimbursed from a Federal
Congestion Management Air Quality (CMAQ) grant at the rate of 88.53%. San Bernardino
Associated Governments (SANBAG) is providing matching funds for the grant.
Account: 242-160-5504-7576-0025 Budgeted Amount: $10,477,700
Balance as of 02/10/11: $6,138,049 Balance after the approval of this item: $6,093,951
Please note, this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt Resolution.
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
3 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL ARCHITECTURAL
AND ENGINEERING SERVICES AT THE METROLINK PARKING STRUCTURE AT
4 SANTA FE DEPOT WITH OWEN DESIGN GROUP, INC. FOR DESIGN AND
CONSTRUCTION OF THE SANTA FE DEPOT PARKING STRUCTURE PROJECT
5 (GB04-19).
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That the City Manager is authorized to execute Amendment No. 2 to
9 Agreement for Professional Architectural and Engineering Services at the Metrolink Parking
10 Structure at Santa Fe Depot with Owen Group, Inc. to provide Professional Architectural and
11 Engineering Services for the Santa Fe Depot Parking Structure (G1304-19) (attached and
12 incorporated herein as Exhibit"A").
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SECTION 2. This Amendment No. 2 shall not take effect or become operative until
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15 fully signed and executed by the parties and no party shall be obligated hereunder until the time
16 of such full execution. No oral agreements, amendments, modifications or waivers are intended
17 or authorized and shall not be implied from any act or course of conduct of any party.
18 SECTION 3. The authorization to execute this agreement is rescinded if the parties fail
19 to execute it within sixty(60) days of passage of this resolution.
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- 1 -
1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL ARCHITECTURAL
2 AND ENGINEERING SERVICES AT THE METROLINK PARKING STRUCTURE AT
3 SANTA FE DEPOT WITH OWEN DESIGN GROUP, INC. FOR DESIGN AND
CONSTRUCTION OF THE SANTA FE DEPOT PARKING STRUCTURE PROJECT
4 (GB04-19).
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 , 2011, by the following vote, to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
11 VACANT
12 BRINKER
13 SHORETT
14 KELLEY
15
16 JOHNSON
17 MC CAMMACK
18
19 Rachel Clark, City Clerk
20 The foregoing resolution is hereby approved this day of , 2011.
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22
Patrick J. Morris, Mayor
23 City of San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN,
City Attorney
26
27 By; e' ,,....�
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- 2 -
Exhibit"A"
AMENDMENT NO. 2 TO AGREEMENT FOR SERVICES
This Amendment No. 2 to Agreement for Professional Architectural and Engineering
Services at the Metrolink Parking Structure at Santa Fe Depot 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 2011 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, on November 16, 2009 the Mayor and Common Council of the
Agency adopted Resolution No. 2009-352 approving Amendment No. 1 to an Agreement for
Services with Owen Design Group, Inc. for design and construction of the Santa Fe Depot
Parking Structure project(GB04-19); and,
C. 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,
D. WHEREAS, Consultant has requested additional compensation for work not
included in its original scope of work of the original Agreement or Amendment thereto; and
C. WHEREAS, City concurs that the additional services for which compensation is
requested were not in the original scope of services of the original Agreement or Amendment
No. 1.
NOW THEREFORE, the parties hereto agree as follows:
1. Section 3 "Scope of Services" of the Original Agreement as approved by Resolution No.
2006-114 is hereby amended to include items described in detail in the attached Change
Order Nos. 3 and 4 from Consultant dated January 20, 2011 and attached hereto as
Attachment"I":
2. Section 5(a) of the Original Agreement as approved by Resolution No. 2006-114 is hereby
amended as follows: Over the term of this Agreement, Consultant shall be compensated for
said Agreement as follows:
Exhibit "A"
Amendment No.2 to Agreement for Services—Owen Design Group,Inc.
Page 2 of 3
a) Agreement for Services approved per Reso.No. 2006-114. . . $399,608.00
b) Amendment No. 1 approved per Reso. 2009-352 0.00
c) Amendment No. 2 (this Amendment) $44,098.00
Total not-to-exceed amount . . . . . . . . . . . . $443,706.00
3. All other terms and conditions of said Agreement for Services and Amendment No 1
approved by Resolution No. 2006-114 and Resolution No. 2009-352 shall remain unchanged.
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Exhibit"A"
Amendment No.2 to Agreement for Services—Owen Design Group,Inc.
Page 3 of 3
AMENDMENT NO. 2 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
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ATTACHMENT "1"
CHANGE ORDER AUTHORIZATION
806.2109.1, 0806.2109.2 AND
DATE .JANUARY 20,2011 OWEN DESIGN# 0806.2109.3
SAN BERNARDINO CHANGE
PROJECT PARKING STRUCTURE ORDER# :. ' #003
OWEN DESIGN AND
ORIGINATOR ANGELA GOLDINE FIRM MANAGEMENT, INC.
CITY
REPRESENTATIVE ROBERT EISENBEISZ FIRM CITY OF SAN BERNARDINO
In accordance with your request,this letter constitutes an agreement to perform the following
additional services on the subject project:
0806.2109.01 —Additional time/meetings beyond allocated contract amount.
1. Additional meeting/site meeting beyond contract scope.
a. Date 10-28-2010(71irs)
2. Estimated meetings/site visits through end of April 2011:
a. Date 01-06-2011 Architect(estimated 6 hrs.)
b. Date 01-27-2011 Architect(estimated 6 hrs.)
c. Date 02-10-2011 Architect(estimated 6 hrs.)
d. Date 02-24-2011 Architect(estimated 6 hrs.)
e. Date 03-10-2011 Architect(estimated 6 hrs.)
f. Date 03-24-2011 Architect(estimated 6 his.)
g. Date 04-07-2011 Architect(estimated 6 his.)
h. Date 04-21-2011 Architect(estimated 8 hrs.)
i. Date 04-21-2011 Engineer(estimated 8 hrs.)
3. It is anticipated that additional support/time for completion of Close-Out processes will be
required from January 02,2011 through June 31, 2011 (contract completion date). As such,
these additional Office Administration hours will be supported by the following:
Associate/Project Manager(Angela Goldine) estimated 104 hours. Project Engineer
(Moosa Kazemzadehpaisi)estimated 50 hours.
Our fee for this scope is as follows:
1. $ 7,054.00 Meetings/Site Visit-Architectural(57 hrs)
2. $ 857.00 Meetings/Site Visit-Electrical(8 hrs.)
3. $ 10,872.00 Office CA-Architectural(104 hrs)
4. $ 5,355.00 Office CA -Electrical (50 hrs)
------------------------------------------------------
Total: $ 24,138.00
0806.2109.02—LED Fixture and Conduit change—Per Owner's request
1. Changed approved design from standard fluorescent lighting design to LED lighting per
Owner's request.
2. Revised drawings both architectural and electrical to accommodate LED lighting.
3. Worked directly with electrical supplier to provide the most efficient design.
4. Review shop drawings and incorporate all site questions/revisions into final record
drawings.
Z:\WBA_11\9048-Owen SFPS\8061806.2109.1 Santa Fe Parking Struclure\Project Management\Change Orders\Change Order 003\Change
Order Auth 003•Rev.doc
ATTACHMENT "1"
5. Review final installation/site and perform report/punch list.
Our fee for this scope of work is for hours already spent and hours estimated to complete this portion
of work(see attached breakdown for hours already charged):
1. $ 5,200.00 Architectural
2. $ 7,160.00 Electrical
------------------------------------------------------
Total: $ 12,360.00
0806.2109.03—VF Items proposed and accepted by the City of San Bernardino which include
eliminate wheel stops on all tiers(except accessible stalls),add barrier cables around the perimeter
of the structure at Tier 1, add cameras locations Tiers 1 thru 3..
1. Incorporate VE items within record drawings
2. Review barrier cable shop drawings for exterior perimeter conditions.
3. Review final installation and perform a punch list.
Our fee for this scope of work is for hours already spent and hours estimated to complete this portion
of work(see attached breakdown for hours already charged):
Total: $ 2,000.00 Architectural
Our overall total fee for 0806.2109.01,0806.2109.02 and 0806.2103 is as follows:
1. 0806.2109.01 -$24,138.00
2. 0806.2109.02 -$ 12,360.00
3. 0806.2109.03 -$ 2,000.00
------------------------------------------------------
Overall Total : $ 38,498.00
Invoices are payable upon receipt.
We understand that you concur with the aforementioned proposal and are, therefore proceeding 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. All other provisions of this agreement will remain the same.
0 WEN DESIGN an d MANAGEMENT,Inc. Accepted by:
Al
Sign re Date Signature Date
Angela G dine, Associate/Project Robert Eisenbeisz, City Engineer
Name/Title Name/Title
Please notify the writer if you take exception or if there are any errors or omissions. If no notice is
received within 3 days, we will assume that you are in agreement.
CC: BEEKYU OWN(ACCOUNTING) SENT BY: ANGELA GOLDINE
MICHAEL CHEGINI OWEN DESIGN GROUP, INC.
EDDY JAN(CITY OF SAN BERNARDINO)
MICHAEL ACKERMAN
Z:1WBA_1119048-Owen SFPW061806.2109.1 Santa Fe Parking StructureTroject Management\Change Orders\Change Order 0031Change
Order Auth 003-Rev.doc
' ATTACHMENT 661"
CHANGE ORDER AUTHORIZATION
- ` JANUARY 20,2011 806.2109.1
SAN BERNARDINO
PARKING STRUCTURE #004
OWEN DESIGN AND
ANGELA GOLDINE MANAGEMENT, INC.
ROBERT EISENBEISZ CITY OF SAN BERNARDINO
In accordance with your request,this letter constitutes an agreement to perform the following
additional services on the subject project:
0806.2109.01—Provide Elevator Recall System (Fire Alarm).
1. Per Elevator Specifications: Section 14240 Hydraulic Elevators,2.02 Systems and
Equipment, L2,an elevator recall detecting system shall be installed at each elevator to
cause elevator to return to main floor if activated. A request was made by the design
team to assist during construction in providing this information in lieu of the Elevator
Sub-contractor.
a. Direct contractor on how to install system.
b. Generate drawings and submit sketches to contractor.
c. Reviewed first set of shop drawing package; returned revise and resubmit.
d. Review shop drawings once resubmitted by contractor.
e. Review final installation.
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Our fee for this scope of work is for hours already spent and hours estimated to complete this portion
of work(see attached breakdown for hours already charged):
1. $ 1,000.00 Architectural
2. $ 4,600.00 Electrical
------------------------------------------------------
Total: $ 5,600.00
Invoices are payable upon receipt.
s J:\Projects\806\806.2109.1 Santa Fe Parking Structure\Project Management\Change Orders\Change Order 0041Change Order Auth 004,doc
ATTACHMENT 661"
We understand that you concur with the aforementioned proposal and are, therefore proceeding 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. All other provisions of this agreement will remain the same.
OWEN DESIGN and MANAGEMENT,Inc. Accepted by:
to Date Signature Date
Angela Goldine,Associate/Project Robert Eisenbeisz, City Engineer
Name/Title Name/Title
Please notify the writer if you take exception or if there are any errors or omissions. if no notice is
received within(3)days,we will assume that you are in agreement.
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J:\Projects\806\806.2109.1 Santa Fe Parking Structure\Project Management\Change Orders\Change Order 004\Change Order Auth 004.00