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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director Subject: Resolution approving Amendment No. 5
to Agreement for Professional Services
Dept: Public Works - Engineering with Transtech Engineers, Inc. to
provide Program Management Services
Date: February 16, 2011 for Santa Fe Depot Parking Structure
(GB04-19).
MCC Date: March 21, 2011
Synopsis of Previous Council Action:
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).
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).
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).
06/15/09 Adopted Resolution No. 2009-162 approving Amendment No. 3 with Transtech
Engineers, Inc. for program management services for the Santa Fe Depot Parking
Structure Project(GB04-19).
03/01/10 Adopted Resolution No. 2010-39 approving Amendment No. 4 with Transtech
Engineers, Inc. for program management services for the Santa Fe Depot Parking
Structure Project(GB04-19).
Recommended Motion:
Adopt Resolution. '
Signature
Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203
Staff Report, Reso,
Supporting data attached: Exhibit"A" (Amendment) Ward: 1
FUNDING REQUIREMENTS: Amount:$1,415,436 (non-City funds)
Source: (Acct.No) 242-160-5504-7576-0025
Acct. Description: Santa Fe Depot Parking Structure (GB04-19)
Finance:
Agenda Item No.
a a C21-'rq6�i
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving Amendment No. 5 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. 1 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 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 was obtained and included obligation of Federal
Congestion Management and Air Quality (CMAQ) funds.
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. 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. A contract was awarded to Bomel Construction Company, Inc. on February
16, 2010.
On March 1, 2010, the Mayor and Common Council adopted Resolution No. 2010-39, approving
Amendment No. 4 to the Agreement for Professional Services with Transtech Engineers, Inc.,
increasing the contract amount by $405,385 for program management services for the San
Bernardino Metrolink Parking Structure.
2
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT—Continued
Bomel Construction Company, Inc. is currently constructing the San Bernardino Metrolink
Parking Structure (a new parking structure that will provide approximately 350 additional
parking spaces) primarily for use by Metrolink riders. Substantial completion is anticipated by
March 14, 2011. Closeout of the project may require as much as six 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.
As the City's contract program 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.
In addition, Transtech Engineers, Inc. identified the opportunity for implementation of a Light
Emitting Diode (LED) lighting system for the parking structure instead of the florescent lighting
as shown on plans. Transtech researched the LED lighting system and completed an energy
audit for the lighting system in the parking structure. Transtech construction management, along
with prime contractor Bomel, implemented the retrofit of the LED lighting system throughout
the parking structure. The new LED system provides a reduction in greenhouse gas emissions
and provides energy and cost savings to the City. The San Bernardino Metrolink Parking
Structure is a substantial and successful project for the City and is both federally and regionally
funded.
Transtech Engineers, Inc. submitted a letter proposal (see Attachment "A" to the Amendment),
agreeing to an additional fee of$399,626 for the remaining construction management services to
complete the San Bernardino Metrolink Parking Structure. They are also requesting that the
term of the Agreement be extended to September 30, 2011. Staff concurs with the request.
Financial Impact:
The Metrolink parking structure project is funded entirely by external sources and no City funds
are being used in the project. In addition, due to timing of the project, the construction costs
submitted for the project were substantially less than the engineer's estimate resulting in a
substantial cost savings and the return of millions of regional and federal dollars to fund other
important infrastructure projects.
Current Project Budgeted Funding:
Federal Congestion Mgmt. & Air Quality(CMAQ)—E76 - $ 5,177,094
SANBAG Private Rail Asset Funds - $ 3,500,000
SANBAG Local Transit Funds (LTF) - $ 821,685
Total Funds Available = $ 9,498,779
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT—Continued
Below is a summary of the costs associated with Transtech Engineers, Inc. for management
services:
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 Per Reso.No. 2009-162 $ 0.00
e) Amendment No. 4 Per Reso. No. 2010-39 $ 405,385.00
f) Amendment No. 5 (this Amendment) $ 399,626.00
Total Amount. . . . . . . . . . . . . . . . . . . . . . . .$ 1,415,436.20
Adequate funding is included in the FY 10/11 budget for CIP Project Bo. GB04-019 (Account
No. 242-160-5504-7576-0025) to cover the cost of this Amendment and all other costs necessary
to complete the project. The entire cost of the project is being reimbursed by Caltrans under
terms of a Federal CMAQ grant and SANBAG under terms of Cooperative Agreement No. 04-
040.
The parking structure project is expected to be substantially completed by March 14, 2011. The
total cost of construction is projected to be $5,400,000. Caltrans will reimburse approximately
$4,300,000 and the balance of approximately $1,100,000 will be reimbursed by SANBAG. Since
SANBAG has committed a total of $4,321,685 to the construction phase of the project,
SANBAG will realize a savings of approximately $3,200,000. This saving is primarily due to
the extremely favorable bidding climate that existed when the project was bid in 2009.
Account No.: 242-160-5504-7576-0025 Account Budgeted Balance Amount: $10,447,682
Balance as of 02/24/2011: $6,136,663 Balance after approval of this item: $ 4,721,227
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.
Attachments:
1 —Resolution
2—Exhibit"A" (Amendment#5)
3 —Attachment"A" (Consultant's Proposal)
4
1
OPY
� RESOLUTION NO. (C
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
i
4 SERVICES FOR THE SANTA FE DEPOT PARKING STRUCTURE (GB04-19).
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the City Manager is authorized to execute Amendment No. 5 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. 5 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
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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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I 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 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 JOHNSON
16
17 MC CAMMACK
18
19 Rachel Clark, City Clerk
20 The foregoing resolution is hereby approved this day of , 2011.
21
22
Patrick J. Morris, Mayor
23 Approved as to form: City of San Bernardino
24
AMES F. PENMAN,
25 City Attorney
26
27 y:
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- 2 -
Exhibit"A"
AMENDMENT NO. 5 TO AGREEMENT FOR SERVICES
4
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 day of , 2011 by and between the Agency and
i
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 (GB04-19); 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 1, 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".
Amendment No. 5 to Agreement for Services—Transtech Engineers,Inc. Exhibit"A"
Page 2 of 3
NOW THEREFORE, the parties hereto agree as follows:
1. Section 1 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. 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 per Reso. No. 2009-162 0.00
e) Amendment No. 4 per Reso. No. 2010-39 405,385.00
�v 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. 1,
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.
2
Amendment No. 5 to Agreement for Services—Transtech Engineers,Inc. Exhibit"A"
Page 3 of 3
AMENDMENT NO. 5 TO AGREEMENT FOR SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
i
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
By: �
3
E
ATTACHMENT "A"
January 21,2011 TRANSlECh
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 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 1 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 2011. 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.
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, 2011.
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,
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
i
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ATTACHMENT 1: FEE
Estimated Task and Labor Breakdown
Original Amount Amount
Construction Management Services Amount Requested Requested Amended
forthe San Bernardino Metrolink plus Amendment Amendment Contract
Parking Structure Amend.#1 #4 #5 Total
I. Federal Fund Obligation and Project
$1
Authorization: 1000 $0 $0 $1,000
11.Selection of Design Architect $20,000 $0 $0 $20,000
Ill.PS&E $100,000 $50,000 $0 $150,000
IV.Bidding and Advertisement (City): $15,000 $0 $0 $15,000
V. Construction Management $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
Administration $316,709
Specialty Inspection (Geotechnical,
Concrete,and Steel),Environmental $50,000 $39,939 $73,140 $163,079
Studies,Constr. Survey Verification
Amendment 1 - Res. 2007-477 $10,225 $0 $0 $10,225
Amendment 2- Res. 2008-369 $14,200 $0 $0 $14,200
CPI Adjustment $58,237 $0 $58,237
Total $610,425 $427,747 $399,626 $1,437,798
Deductions
Bidding and Advertisement ($15,000) ($15,000)
5% Economy Reduction ($7,362) ($7,362)
Total $610,425 $405,385 $399,626 $1,415,436
413 MacKay Drive I San Bernardino CA 92408 1 T 909 384 7454 I F 909 384 7475 1 Transtech.org