HomeMy WebLinkAbout15-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: Adopt Resolution approving
Amendment No. 1 to Agreement with
Transtech Engineers, Inc. for professional
construction management, plan review, and
inspection services for the Santa Fe Depot
Renovation Project.
MCC Date: 04/07/03
From: James Funk, Director
Dept: Development servit} RIG 1 N A L
Date: March 27, 2003
File: 6.7178
Synopsis of Previons Conncil Action:
12/04/00 Adopted Resolution No. 2000-340 awarding contract to Janus Corporation for abatement of
lead-based paint, asbestos, PCB abatement, and clean-up at the San Bernardino Santa Fe Depot.
11/20/00 Adopted Resolution No. 2000-327 awarding contract to Architect Milford Wayne Donaldson,
Inc. for preparing final plan, specifications and estimates for renovation of the San Bernardino Santa Fe
Depot.
10/02/00 Agreement for Professional Environmental Inspection Services approved with Earth Tech for
prov iding inspection of hazardous waste removal at the San Bernardino Santa Fe Depot.
3/06/00 Approval of the Rehabilitation and Adaptive Reuse Plan for the San Bernardino Santa Fe
Depot.
3/20/01 Approval of Contract Change Order No. One to the contract with JANUS Corporation for
abatement of lead-based paint, asbestos, PCB, and clean-up at the San Bernardino Santa Fe Depot.
Approval of Contract Change Order No. Two to the contract with Earth Tech., a Tyco
International L TD company, for Professional Environmental Inspection Services for lead-based paint,
asbestos, PCB abatement, and clean-up at the San Bernardino Santa Fe Depot.
OS/21/01 Approved Agreement with Transtech Engineers, Inc. to provide professional construction
management, plan review, and inspection services for the Santa Fe Depot Renovation Project.
09/09/02 Adopted resolutions awarding contract to Solpac, Inc. d.b.a. Soltek Pacific for the San
Bernardino Historic Santa Fe Depot Renovation and Restoration project, per Plan No. 10446;
approving Agreement with Omnitrans for obtaining Federal Transit Administration funding; ratifying a
grant application for TEA funding; and authorize the Director of Finance to amend the FY 2002/03
budget.
Recommended Motion:
Adopt Resolution
r
Contact person:
Raymond A. Casey, City Engineer
Phone:
5127
Snpporting data attached: Stall Report, Resolution, Amend No.1 to Agreement
& Agreement
Ward: I
FUNDING REQUIREMENTS:
Amount: ($250,000.00)
Source: (Acct. No.) 123-558-5504-7178
Acct. Description: Restoration of San Bernardino Santa
Fe Depot
\2L~j'j,! ? C'C'J '" I) 3
Finance:
Lf)7}03
,
Agenda Item No. 15
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Adopt Resolution approving Amendment No. 1 to Agreement with Transtech Engineers, Inc.
for professional construction management, plan review, and inspection services for the Santa
Fe Depot Renovation Project.
BACKGROUND:
A Professional Services Agreement with Transtech Engineers, Inc. to provide professional
construction management, plan review, and inspection services for the Santa Fe Depot
Renovation Project was approved by the Mayor and Common council on May 21, 2001. The
compensation specified in that agreement was as follows: "Construction Manager will be paid
time and material not to exceed $975,000.00 in arrears, for all work and services performed
under this contract and upon receipt of itemized invoices, submitted in triplicate to the contract
manager. "
The contract for rehabilitation of the Santa Fe Depot Renovation Project was awarded to Soltek
Pacific on September 9, 2002 and work on the project is approximately 20% completed.
Based on the progress of the work, it has become apparent that the cost of construction
management services required will be significantly less than anticipated in the original
Agreement. Weare currently estimating that the total cost of construction management
services required based Time and Material costs provided so far.
Together with the architect, the construction management firm and later the contractor, staff
has completed several exhaustive rounds of value engineering processes associated with the
Santa FE Depot Restoration Project. The initial phase of value engineering successfully
reduced the estimated cost of the final phase of reconstruction from about $13 million to about
$9 million, resulting in a low bid in that approximate amount. Once the contract was let to
Soltec, Inc., staff initiated another round of value engineering, now including the contractor,
resulting in substantial savings to the contract in a number of areas including HV AC,
structural, trim and exterior work. However, in the course of completing early phases of the
work, asbestos was encountered in several locations that were not identified during the
investigation phase of the project and must be removed at a significant additional cost to the
project. In addition, there was extensive asbestos piping found in the tunnels under the Depot,
which were designed to be used as utility chases in the restoration project.
The original design called for removal of all hazardous materials in the series of tunnels under
the Depot so that the new utilities (sewer, water, electric, etc.) could be installed and
maintained in the tunnels. When staff learned of the extensive work that was being undertaken
to accomplish this, we reviewed the project costs and directed the contractor and construction
manager to complete the removals in the south tunnel, redesign the utilities to all be placed in
the south tunnel or outside the building, and seal up the north tunnel, as well as the other
north/ south oriented tunnels under the building.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report - Continued
The contingency amount approved for the renovation contract as part of the contract award is
$480,000.00. Staff is recommending that the savings, which will be realized by the approval of
Amendment No. I to Agreement with Transtech Engineers, Inc. be transferred to increase the
contingencies for the renovation project, establishing a total construction project contingency of
$730,000.00. Soltek Pacific is currently requesting change orders for asbestos removal and
other items of extra work that will increase the contract cost by $699,567.
FINANCIAL IMPACT:
All costs incurred for this project are charged to Account No. 123-558-5504-7178 (Restoration
of the San Bernardino Santa Fe Depot). This Amendment No I to Agreement with Transtech
Engineers will produce a savings to the project in the amount of $250,000.00. It is
recommended that this savings be used to supplement the renovation project construction
contingencies to provide a total contingency fund of $730,000.00.
RECOMMENDATION:
That the Mayor and Common Council adopt the Resolution approving Amendment no. 1 to
Agreement with Transtech Engineers, Inc. for professional construction management plan
review, and inspection services for the Santa Fe Depot Renovation Project
3
1
2
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RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO. I TO THE SERVICES AGREEMENT WITH TRANSTECH
4 ENGINEERS, INC. FOR CONSTRUCTION MANAGEMENT, PLAN REVIEW AND
5 INSPECTION SERVICES FOR THE RENOVATION OF THE CITY'S HISTORIC
DEPOT PROJECT.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. That the Mayor is authorized to execute Amendment No. 1 to the
9
Agreement with Transtech Engineers, Inc. for providing Professional Services for provision of
10
Construction Management Services (attached and incorporated herein as Exhibit "A"). The
11
12 contract is hereby amended to establish a revised not to exceed amount of $725,000, but such
13
agreement shall be effective only upon being fully executed by both parties. The Mayor is
14 hereby authorized and directed to execute said agreement on behalf of the City.
15
16
17
SECTION 2. This Amendment No.1 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
18
or authorized and shall not be implied from any act or course of conduct of any party.
19
20 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
21 within sixty (60) days of passage of the resolution.
22 III
23 III
24
25
26
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28
No. 1 j
~/7J!J3
-1-
1 RESOLUTION...APPROVING AMENDMENT NO. 1 TO THE SERVICES
2 AGREEMENTS WITH TRANSTECH ENGINEERS, INC. FOR CONSTRUCTION
MANAGEMENT, PLAN REVIEW AND INSPECTION SERVICES FOR THE
3 RENOV ATION OF THE CITY'S HISTORIC DEPOT PROJECT.
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
8
day of
, 2003, by the following vote, to wit:
ABSTAIN ABSENT
NAYS
AYES
Council Members:
9 ESTRADA
10
11
LONGVILLE
12 MC GINNIS
13 DERRY
14 SUAREZ
15
16
ANDERSON
MC CAMMACK
17
18
19
20
21
22
City Clerk
The foregoing resolution is hereby approved this
day of ,2003.
Judith Valles, Mayor
City of San Bernardino
23 Approved as to
24 form and legal content:
25 JAMES F. PENMAN,
City ttorney
26
27
28
,]
.~.
.2.
EXHIBIT A
CONTRACT AMENDMENT NO.1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this of 2003, by and between the
CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and
Transtech Engineers, Inc., hereinafter referred to as "CONSTRUCTION MANAGER".
WITNESSETH
WHEREAS, City has retained Transtech Engineers, Inc. for the purpose of providing construction
management, plan review and inspection services for renovation and retrofit of the San Bernardino Santa Fe
Depot.
WHEREAS, based on the current project schedule and anticipated related staffing needs, it is anticipated
that the associated time and materials contract "ceiling" may be reduced without causing harm to the project
delivery or quality of work; and
NOW, THEREFORE, it is mutually agreed all terms and conditions of the original agreement approved
on May 21 2001, shall remain in force and effect except for the amendment to Section SA., as follows:
COMPENSA nON
Upon satisfactory completion of the work, the Construction Manager will be paid time and material not
to exceed $725,000.00 in arrears, for all work and services performed under this contract and upon
receipt of itemized invoices, submitted in triplicate to the contract manager. The invoice amount will be
based on the actual work performed by task. For the purpose of invoicing, certain tasks may be
combined in assessing percentage completion. Construction manager will submit an invoice to the City
every four (4) weeks.
CONTRACT AMENDMENT NO. I TO AGREEMENT FOR Professional Construction Management
Services with Transtech Engineers, Inc..
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date
written above by their duly authorized officers on their behalf.
ATTEST:
CITY OF SAN BERNARDINO
BY:
Judith Valles, Mayor
City of San Bernardino
BY:
Rachel Clark, City Clerk
City of San Bernardino
TRANS TECH ENGINEERS, INC.
BY:
Signature
NAME:
Ali Cayir, P.E.
TITLE:
Principal
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
III
2
2001-116
EXHIBIT g
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this 21st of May 2001, by and between the
CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and
Transtech Engineers, Inc., hereinafter referred to as "CONSTRUCTION MANAGER".
WITNESSETH
WHEREAS, City desires to obtain professional Construction Management Services for construction
management, plan review and inspection services for renovation and retrofit of the San Bernardino Santa Fe
Depot.
WHEREAS, in order to renovate the San Bernardino Santa Fe Depot, it is necessary to retain the
professional services of a qualified construction management firm; and
WHEREAS, Construction Manager is qualified to provide said professional services; and
WHEREAS, San Bernardino City Council has elected to engage the services of Construction Manager
upon the terms and conditions as hereinafter set forth; and
NOW, THEREFORE, it is mutually agreed, as follows:
I. SCOPE OF SERVICES
Construction Manager shall perform those services specified in Section II of the Request for
Proposal "Scope of Services", and as contained in the proposal dated April 20, 2001, (which is
on file at the City Clerk's Office) and proposed costs dated May 10, 2001, a copy of which is
attached hereto as Exhibit "I", and all of which are incorporated herein as though set forth in
full.
2. TERM OF AGREEMENT
Phase A, the "Design Phase" and Phase B "Pre-Construction Phase" shall commence within five
(5) days after the City has authorized work to start by issuance of a Notice to Proceed. Phase C,
the "Construction, Project Close-outJPost-construction Phase" shall not commence until a Notice
to Proceed has been issued for that phase.
3. ST ANDARD OF PERFORMANCE
Construction Manager shall complete all work in conformance with Federal, State, and local
regulations and industry standards.
2001-116
CHANGESIEXTRA SERVICES
A. Performance of the work specified in the Section II "Understanding and approach to the
project" and letter dated April 20, 2001, are made an obligation of Construction Manager
under this Agreement, subject to any changes made subsequently upon mutual agreement
of the parties. All such changes shall be considered as additional tasks and shall be
incorporated by written amendments to this Agreement and include any increase or
decrease in the amount of compensation due Construction Manager for the change in
scope. Any change, which has not been so incorporated, shall not be binding on either
party.
B. Construction Manager shall render no extra services under this Agreement unless City
authorizes such extra services in writing prior to performance of such work. Authorized
extra services shall be invoiced based on the authorized additional task amounts.
5. COMPENSATION
A. Upon satisfactory completion of the work, the Construction Manager will be paid time
and material not to exceed $975,000.00 in arrears, for all work and services performed
under this contract and upon receipt of itemized invoices, submitted in triplicate to the
contract manager. The invoice amount will be based on the actual work performed by
task. For the purpose of invoicing, certain tasks may be combined in assessing
percentage completion. Construction manager will submit an invoice to the City every
four (4) weeks.
B. Said compensation shall not be altered unless there is significant alteration in the scope,
complexity or character of the work to be performed. City and Construction Manager
shall agree upon any such significant alteration in writing before commencement of
performance of such significant alteration by Construction Manager.
Any adjustment of the total cost of services will only be permitted when the Construction
Manager establishes and City has agreed in writing that there has been, Of is to be, a
significant change in:
1. Scope, complexity, or character of the services to be performed;
2. Conditions under which the work is required to be performed; and
3. Duration of work if the change from the time period specified in the Agreement
for Completion ofthe work warrants such adjustment.
C. The Construction Manager is required to comply with all Federal, State and Local laws
and ordinances applicable to the work. The Construction Manager is required to comply
with prevailing wage rates in accordance with California Labor Code Section 1770.
D. The Construction Manager agrees that the Contract Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations System, Chapter 1, part 31 et seq., shall be used to
determine the allowability of individual items of cost.
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2001-116
E. The Construction Manager also agrees to comply with Federal procedures in accordance
with 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
F. Any costs for which payment has been made to the Construction Manager that are
determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition
Regulations System, Chapter I, Part 31 et seq., or 49 CFR, Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, are subject to repayment by Construction Manager to City.
G. Any subcontract in excess of $10,000, entered into as a result of this contract, shall
contain all the provisions of this Agreement.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted every
four (4) weeks by Construction Manager to City and shall be paid by City within twenty
(20) days after receipt of same, excepting any amounts disputed by City. Dispute over
any invoiced amount shall be noticed to the Construction Manager within ten (10) days of
billing and a meet and confer meeting for purposes of resolution of such dispute shall be
initiated by the City within (10) days of notice of such dispute. Interest of 1-1/2 percent
per month (but not exceeding the maximum rate allowable by law) will be payable on
any amounts not in dispute and not paid within thirty (30) days of the billing date,
payment thereafter to be applied first to accrued interest and then to the principal unpaid
amount. On disputed amounts, interest shall accrue from thirty (30) days of the invoice
date if the amount in dispute is resolved in favor of the Construction Manager. All tasks
as specified in Exhibit "I" shall be completed prior to final payment.
B. No payment will be made for any work performed prior to approval of this contract by
City and Notification to Proceed.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Development Services of City, or his designee, shall have the right of
general supervision over all work performed by Construction Manager and shall be City's
agent with respect to obtaining Construction Manager's compliance hereunder. No
payment for any services rendered under this Agreement shall be made without prior
approval of the Director of Development Services or his designee.
B. The office of Federal Highway Administration may review and inspect the Construction
Manager's activities during the progress of the program.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Construction Manager hereby certifies that it will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, marital status, age, handicap or
national origin. Construction Manager shall comply with all State and Federal Civil Rights Laws
3
2001-116
in its hiring practices and employee policies. Such action shall include, but not be limited to, the
following: recruitment and recruitment advertising, employment, upgrading, and promotion.
9. TERMINATION OF AGREEMENT
A. This Agreement may be terminated by either party upon thirty (30) days' written notice
in the event of substantial failure of the other party to perform in accordance with the
terms of this Agreement. Each party shall have twenty (20) days following the date of
such notice within which to correct the substantial failure, giving rise to such notice. In
the event of termination of this Agreement, City shall within thirty (30) days pay
Construction Manager for all the fees, charges and services performed to City's
satisfaction by Construction Manager, which finding of satisfaction shall not be
unreasonably withheld. Construction Manager hereby covenants and agrees that upon
termination of this Agreement for any reason, Construction Manager will preserve and
make immediately available to the City, or its designated representatives, maps, notes,
correspondence, or records related to work paid for by the City and required for its timely
completion, and to fully cooperate with City so that the work to be accomplished under
this Agreement may continue within forty-five (45) days of termination. Any subsequent
use of such incomplete documents, other than their originally intended use, shall be at the
sole risk of the City, and the City agrees to hold harmless and indemnify Construction
Manager from any claims, losses, costs, including attorney's fees and liability arising out
of such use. Construction Manager shall be compensated for such services in accordance
with Exhibit "I".
B. This Agreement may be terminated for the convenience of the City upon thirty (30) days
written notice to Construction Manager. Upon such notice, Construction Manager shall
provide work product to City, and City shall compensate Construction Manager in the
manner set forth above.
C. Following the effective date of termination ofthis Agreement pursuant to this section, the
Agreement shall continue until all obligations arising from such termination are satisfied.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and without the fault or negligence of
Construction Manager, Construction Manager fails to meet any of its obligations under this
Agreement, and such failure shall not constitute a default in performance, the City may grant to
Construction Manager such extensions of time and make other arrangements or additions,
excepting any increase in payment, as may be reasonable under the circumstances. Increases in
payment shall be made only under the "changes" provision of this Agreement. Construction
Manager shall notify City within three (3) days in writing when it becomes aware of any event or
circumstances for which it claims or may claim an extension.
II. INDEPENDENT CONTRACTOR
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2001-116
Construction Manager shall act as an independent contractor and shall not be considered an
employee of the City in the performance of the services provided for under this Agreement.
Construction Manager shall furnish such services in its own manner. This Agreement is not
intended and shall not be construed to create the relationship of agent, servant, employee,
partnership, joint venture, or association between Construction Manager and the City.
12. ASSIGNMENT OR SUBCONTRACTING
Construction Manager shall not assign this Agreement, or any portion thereof without the written
consent of City. Any attempt by Construction Manager to assign or subcontract any
performance of this Agreement without the written consent of the City shall be null and void and
shall constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain all
provisions of this contract.
13. NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the
following representatives of Construction Manager and City:
CONSTRUCTION MANAGER
CITY
AIi Cayir, PE, Principal
Transtech Engineers, Inc.
198 N. Arrowhead Ave. Suite 1
San Bernardino, CA 92408
Mr. James G. Funk
Director of Development Services
300 N. "0" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Construction Manager may reasonably rely upon the accuracy of data provided
by the City or its agents.
B. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part ofthis contract will
automatically be vested in the City and no further agreement will be necessary to
transfer ownership to the City.
C. It is understood and agreed that all calculations, drawings and specifications, whether
in hard copy or machine readable form are intended for one-time use in the
construction of the project for which this contract has been entered into.
D. The Construction Manager is not liable for claims, liabilities or losses arising out of,
or connected with, the modification or misuse by the City of the machine readable
information and data provided by the Construction Manager under this Agreement;
further, the Construction Manager is not liable for claims, liabilities or losses arising
out of, or connected with, any use by the City of the project documentation on other
projects, for additions to this project, or for the completion of this project by others,
excepting only such use as may be authorized, in writing, by Construction Manager.
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2001-116
E. For the purpose of determining compliance with Public Contract Code Section
10115, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section
2500 et. seq., when applicable, and other matters connected with the performance of
the contract pursuant to Government Code Section 8546.7, the Construction
Manager, subconsultant, and the City shall maintain all the books, documents,
papers, accounting records, and other evidence pertaining to the performance of the
contract, including but not limited to, the costs of administering the contract.
All parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of final
payment under the contract. The State, the State Auditor, FHW A, or any duly
authorized representative of the Federal government having jurisdiction under
Federal laws or regulations (including the basis of Federal funding in whole or in
part) shall have access to any books, records, and documents of the Construction
Manager that are pertinent to the contract for audits, examinations, excerpts, and
transactions, and copies thereof shall be furnished if requested.
IS. COVENANT AGAINST CONTINGENT FEE
Construction Manager warrants that no person or selling agency has been employed or retained
to solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Construction Manager for the purpose of
securing business. For breach or violation ofthis warranty, City shall have the right to terminate
this Agreement in accordance with the clause permitting termination for cause and, at its sole
discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full
amount of such commission, percentage, brokerage or contingent fee.
16. HOLD HARMLESS CLAUSE
A. Construction Manager shall indemnify, defend and hold free and harmless the City, its
officers, and its employees from all claims, damages, costs, expenses, and liability,
including, but not limited to attorney's fees, imposed upon them for any alleged
infringement of patent rights or copyrights of any person or persons in consequence of
the use by City, its officers, employees, agents, and other duly authorized representatives,
of programs or processes supplied to City by Construction Manager under this
Agreement.
B. The prevailing party in any legal action to enforce or interpret any provisions of this
Agreement will be entitled to recover from the losing party all reasonable attorneys' fees,
court costs, and necessary disbursements in connection with that action. The costs,
salary, and expense of the City Attorney and members of his office, in connection with
that action shall be considered as attorneys' fees for the purposes of this Agreement.
18. INDEMNITY
Construction Manager shall indemnify, defend and hold harmless City from and against any and
all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties,
6
2001-116
costs, expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to
third parties, which arise from Construction Manager's negligent performance of services under
this Agreement. Construction Manager shall not be responsible for, and City shall indemnify,
defend, and hold harmless Construction Manager from and against, any and all claims, demands,
suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses
(including reasonable attorney's fees) and liabilities of, by or with respect to third parties, which
arise from the City's negligent performance under this Agreement. With respect to any and all
claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including reasonable attorney's fees) and liabilities of, by or with respect to
third parties, which arise from the joint or concurrent negligence of Construction Manager and
City, each party shall assume responsibility in proportion to the degree of its respective fault.
19. LIABILITY /INSURANCE
Construction Manager shall maintain insurance policies meeting the minimum requirements set forth
herein. All insurance maintained by the Construction Manager shall be provided by insurers
satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be
delivered to the City prior to the Construction Manager performing any of the services under this
Agreement. All insurance certificates required herein shall name the City as an additional insured
and provide for thirty-(30) days written notice from the insurer to the City prior to cancellation of
any insurance policy of the Construction Manager.
A. Errors and Omissions. The Construction Manager shall maintain errors and omissions
insurance with a combined single limit of not less than One Million Dollars
($1,000,000.00) per occurrence.
B. Comprehensive General Liability and Automobile Insurance. The Construction Manager
shall maintain comprehensive general liability and automobile liability insurance with a
combined single limit of not less than One Million Dollars ($1,000,000.00) per
occurrence.
C. Worker's Comoensation Insurance. The Construction Manager shall maintain worker's
compensation insurance in accordance with the laws of the State of California for all
workers employed by the Construction Manager.
20. VALIDITY
Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as
not containing such provision, and all other provisions which are otherwise lawful shall remain in
full force and affect, and to this end the provisions of this Agreement are declared to be severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties hereto and
supersedes all prior and contemporaneous negotiations, representations, understandings, and
agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may
be amended only by written instrument signed by both parties.
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2001-116
REEMENT FOR Professional Construction Management Services with Transtech Engineers, Ine..
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date
written above by their duly authorized officers on their behalf.
ATTEST:
CITY OF SAN BERNARDINO
BY: ~ }y. Ch.~~
Rachel Cl , City Clerk
City of San Bernardino
BY:
TRANSTECH ENGINEERS, INC.
BY:
Signature
NAME:
Ali Cayir, P.E.
TITLE:
Princioal
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:L J f~
IIIU
III
8
M E M 0
o F
TRANSMITTAL
To:
Mr. Raymond A. Casey,
Deputy Director/City Engineer
lI0~'B\
, ~~ ')r:n~ l!:V
, " (.uu....
Of:
City of San Bernardino
.'; ;_:!~rlf\lAHDINO
,~Zr'JT SERVICES
"I f)j:,.i-HMENT
Date:
April 7, 2003
Re:
San Bernardino Santa Fe Depot
Enclosed please find original Exhibit A, Contract Amendment No.1 to Agreement for
Professional Construction Management Services, fully executed by our Principal, Ali Cayir.
Thank you.
(V1 (1;0
/ /~r
. m esk of s,o~A AL~CHE
ADMINISTRAME ASSISTANT
Transtech Engineers, Inc.
624 Brea Canyon Road
Walnut, Ca 91789
(909) 595-8599 Ex!. 120
Fax: (909) 595-8863
I
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): Lj .1") - Q:) Item #
Vote: Ayes! . 'I Nays --0
Change to motion to amend original documents:
I S Resolution #
Abstain _~
'icG" ',5
Absent e
Reso. # On Attachments:"/ Contract term: .-
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Null/Void After: let' OA'j-.'., ) to 'fr. 03
,
Date Sent to Mayor: 11_ 9 . <:' :',)
Date of Mayor's Signature: It -It' C":,
Date of Clerk/CDC Signature: II' (C (' c,
Reso. Log Updated:
Seal Impressed:
,/
/'
See Attached:
See Attached:
~ttached:
Date Returned:
Date Memo/Letter Sent for Signature:
60 Day'R.e..,minder Letter Sen;~~'30ai"a'aY:'
----.,-
90 Day Reminder Letter n 45th day:
Yes ./ No By---L
I
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Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,/
Parks & Rec,
Code Compliance Dev, Services ~ EDA
Police Public Services Water
Finance ,./
MIS
Others:
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.\
Ready to File:'~
Date: 11-11-('':;
Revised 01/12/01