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File No.: 6.7178
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
. Resolution authorizing the execution of a
Subject: Memorandum of Understanding (MOU) with
Southern California Regional Rail Authority
(SCRRA) to Reimburse the City for cost of
Metrolink Tenant Improvements at Santa Fe
Depot and Authorization to Execute Change
Order No. 3 to contract with Solpac, Inc.
d.b.a. Soltek Pacific for the San Bernardino
Historic Santa Fe Depot Renovation and
Restoration project per Plan No. 10446 and
authorize the Finance Director to amend the
budget.
MCC Date: July 7, 2003
ORlG1NAl
From: James Funk, Director
Dept: Development Services
Date: July I, 2003
Synopsis of Previous Council 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 providing
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.
04/27/03 Authorization to execute Change Orders No. One and Two to contract with Solpac, Inc. d.b.a. Soltek
Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration project per Plan No. 10446
and authorization to increase the project contingency.
Recommended motion:
I. Authorize the Director of Finance to amend the budget for the Santa Fe Depot project to add $350,500 to the
expenditure budget as outlined in the staff report and budget a corresponding revenue from the reimbursement
to be received from SCRRA.
2. Adopt Resolution, and
3. Authorize the Director of Development Services to execute Change Order No. Three in the amount of
$350,049.65 to contract with Solpac, Inc., d.b.a. Soltek Pacific for the San Bernardino Historic Santa Fe
Depot Renovation and Restoration project per Plan No. 10446. ~ f~
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James Funk
Contact person: Michael Grubbs, Acting City Engineer
Phone:
5179
Supporting data attached: Staff Report, Reso & Change Order No.3
Ward:
FUNDING REQUIREMENTS: Amount:
$350,500
Source: (Acct. No.)
(Acct. Description)
123-558-5504-7178
Santa Fe Depot: Rehabilitation and Structure Retrofit
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Agend{item No. 7, 7/ /)j
~6::, ~ 2<:.0.3- \ k A, Finance:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution authorizing the execution of a Memorandum of Understanding (MOU) with
Southern California Regional Rail Authority (SCRRA) to reimburse the City for cost of
Metrolink tenant improvements at Santa Fe Depot and authorization to execute Change Order
No.3 to contract with Solpac, Inc. d.b.a. Soltek Pacific for the San Bernardino Historic Santa
Fe Depot Renovation and Restoration project per Plan No. 10446, and authorize the Finance
Director to amend the budget.
Back2ronnd:
Bids were received for the San Bernardino Historic Santa Fe Depot Renovation and
Restoration project, per Plan No. 10446, and a contract for the work was awarded to Solpac,
Inc. d.b.a. Soltek Pacific on September 9, 2002.
The original bid package for the San Bernardino Historic Santa Fe Depot Renovation and
Restoration project included an Additive Alternative No.6: "Metrolink Tenant Improvements,
which included new walls and finishes, power, lighting, telephone and data outlets, locker and
toilet rooms." The purpose of Additive Alternative No.6 was to provide "Crew Quarters" for
crews operating the Metrolink trains and other trains in Southern California. The bid for
Additive Alternate No.6 was $512,000. SCRRA, the Joint Powers Authority that operates
Metrolink, determined that the bid amount for the Metrolink Tenant Improvements
substantially exceeded its budget of $250,000 for the work and requested that City staff
investigate ways to reduce the cost of the improvements by deleting items of work. As a
result, it was necessary to delete Additive Alternative No. 6 from the contract awarded to
Solpac, Inc. d.b.a. Soltek Pacific.
SCRRA is a joint powers authority with five member agencies. The member agencies are the
Los Angeles County Metropolitan Transportation Authority ("LACMTA"), Orange County
Transportation Authority ("aCTA"), Riverside County Transportation Commission
("RCTC"), San Bernardino Associated Governments ("SANBAG"), and the Ventura County
Transportation Commission ("VCTC"). SCRRA operates commuter rail service in Southern
California known as Metrolink.
Staff worked with SCRRA, SANBAG and Soltek to revise the design of the permanent crew
facilities to fit SCRRA's budget. The best price offered by the Contractor for a reduced level
of tenant improvements adequate to meet SCRRA's needs is $350,049.65. SCRRA has
accepted the scope of work as proposed by the Contractor for the reduced level of tenant
improvements.
SCRRA is proposing the following funding solution:
1. SCRRA and the City will enter into the attached MOU to construct permanent Metrolink
crew facilities at the San Bernardino station not-to-exceed $250,000, and
2. With assistance from SANBAG, upon finalization of the project scope and identification of
additional funding, SCRRA will increase the MOU amount by up to $100,500 for a
maximum new amount of $350,500.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The $250,000 "pass-through" funding is available on a reimbursement basis from SCRRA,
subject to execution by both parties of an MOD. In order to obtain reimbursement, it will be
necessary for the City to pay the Contractor, then submit (no later than the 15th of each month)
proof that City has paid its Contractor and that the work was performed in accordance with the
Scope of Work and the provisions of FT A Circular 4220.1D: Third Party Contracting
Requirements. Proof of payment includes, without limitation, copies of progress payments,
invoices and a copy of the executed construction contract.
The final version of the MOD is under review by legal counsel for SCRRA, and the SCRRA
Board has authorized execution of the agreement by David Solow, SCRRA's Chief Executive
Officer (CEO), for an amount of $250,000, including staff authority to increase the amount to
a maximum of $365,000.
Staff is recommending that the Mayor be authorized to execute the MOD, subject to prior
approval by the City Attorney. The final version of the MOD is under review by SCRRA
legal counsel and is expected to be available by July 9, 2003.
Additionally, staff recommends approval of the attached Change Order No. 3 to Soltek in the
amount of $350,049.65 to authorize the Contractor to proceed with the permanent
improvements necessary to provide crew quarters. This action will allow the Contractor to
proceed on schedule. The cost of this change order will be reimbursed to the City by SCRRA
under terms of the MOD.
Construction work on the Depot is slightly behind the original schedule, due to the requirement
to abate asbestos that was unknown at the original design. Completion is expected by the end
of March of 2004.
Financial Impact:
The full cost of this Change Order No.3 in the amount of $350,049.65 is fully reimbursable
from SCRRA under terms of the subject MOD. The cost of contract administration and
inspection for the change order will be charged to Account No. 123-558-5504-7178.
Recommendation:
1. Authorize the Director of Finance to amend the budget for the Santa Fe Depot project to
add $350,500 to the expenditure budget as outlined in the staff report and budget a
corresponding revenue from the reimbursement to be received from SCRRA,
2. Adopt Resolution, and
3. Authorize the Director of Development Services to execute Change Order No. Three in the
amount of $350,049.65 to contract with Solpac, Inc., d.b.a. Soltek Pacific for the San
Bernardino Historic Santa Fe Depot Renovation and Restoration project per Plan No.
10446.
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RESOLU~O f1f
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
CITY OF SAN BERNARDINO AND THE SOUTHERN CALIFORNIA REGIONAL
4 RAIL AUTHORITY (SCRRA) FOR REIMBURSEMENT OF COST TO PROVIDE
5 IMPROVEMENTS TO PERMANENT CREW FACILITIES FOR METROLINK AT
THE SANTA FE DEPOT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
10 and directed to execute, on behalf of said City, a Memorandum of Understanding (MOU) with
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Southern California Regional Rail Authority (SCRRA) for reimbursement of cost to provide
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13 improvements to permanent crew facilities for Metrolink at the Santa Fe Depot, attached and
14 incorporated herein as Exhibit "A".
15 SECTION 2. The authorization to execute the above-referenced Memorandum of
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19 III
Understanding (MOU) is rescinded if the parties to the agreement fail to execute it within sixty
(60) days of the passage of this resolution.
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Entprprl into Record at
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7 Ii /03
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
CITY OF SAN BERNARDINO AND THE SOUTHERN CALIFORNIA REGIONAL
3 RAIL AUTHORITY (SCRRA) FOR REIMBURSEMENT OF COST TO PROVIDE
4 IMPROVEMENTS TO PERMANENT CREW FACILITIES FOR METROLINK AT
THE SANTA FE DEPOT.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6
7 and Common Council of the City of San Bernardino at a
8
9
10
meeting thereof, held
on the _ day of
,2003, by the following vote, to wit:
ABSTAIN
ABSENT
Council Members:
AYES
NAYS
ESTRADA
11
12
13 MC GINNIS
LONGVILLE
14 DERRY
15
16
17
18
SUAREZ
ANDERSON
MC CAMMACK
19
20
City Clerk
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22 2003.
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The foregoing resolution is hereby approved this
day of
Judith Valles, Mayor
City of San Bernardino
Approved as to
26 form and legal content:
27 JAMES F. PENMAN,
28 City Attorney
By:L7: ~
U
Exhibit A
SAN BERNARDINO STATION DEPOT RENOVATION
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY
AND
THE CITY OF SAN BERNARDINO
This Memorandum of Understanding ("MOU") is made and entered
into by the Southern California Regional Rail Authority ("SCRRA")
and the City of San Bernardino ("City").
RECITALS:
A. SCRRA is a joint powers authority with five member
agencies created pursuant to California Public Utili ties Code
Section 130255 and Government Code Sections 6500 et seq. The
member agencies are the Los Angeles County Metropolitan
Transportation Authority ("LACMTA"), Orange County Transportation
Authority ("OCTA), Riverside County Transportation Commission
("RCTC"), San Bernardino Associated Governments ("SANBAG"), and
the Ventura County Transportation Commission ("VCTC"). SCRRA
operates commuter rail service in Southern California known as
Metrolink.
B. City has contracted out the historic rehabilitation of
the San Bernardino Santa Fe depot. As part of the depot
rehabilitation, the City's contractor has an option to construct
a permanent crew facility inside a portion of the depot for
Metrolink train and engine crews and equipment personnel.
C. SCRRA has budgeted $350,050 in their FY 02/03
rehabilitation/renovation budget for the permanent crew facility.
The member agency share of the crew facility budget is LACMTA
$166,274, aCTA $69,310, RCTC $38,856, SANBAG $50,407, and VCTC
$25,203. LACMTA funds are local, aCTA and SANBAG funds are 80%
federal and 20% local match, and RCTC and VCTC funds are 100%
federal. The total funding is referred to collectively as "Crew
Facility Funds".
D. City is responsible for the construction of the
permanent crew facility, which construction will be performed in
accordance with the scope of work (Attachment 1).
E. Each month
Administration ("FTA")
SCRRA invoices the Federal Transit
for certain federal funds earmarked for
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the design, construction management, and construction of projects
contained in SCRRA's annual rehabilitation/renovation budget.
Construction of the permanent crew facility is one of these
projects.
F. All Crew Facility Funds are ultimately transferred to
SCRRA. Since City will construct the permanent crew facility,
SCRRA has agreed to reimburse City for those expenditures that
are reimbursable with Crew Facility Funds.
G. SCRRA desires to transfer the Crew Facility Funds to
Ci ty and Ci ty desires to be reimbursed wi th the Crew Facility
Funds as provided herein.
NOW, THEREFORE, SCRRA and City agree to the following:
AGREEMENT:
1. Payments.
A. City shall submit a request for reimbursement to
the SCRRA no later than the 15th day of each month.
B. With each request for reimbursement, City will
furnish SCRRA with proof that City has paid its contractors and
the work was performed in accordance with the Scope of Work and
the provisions of FTA Circular 4220.1D: Third Party Contracting
Requirements. Proof of payment includes, without limitation,
copies of progress payments, invoices, and copies of the executed
construction contracts.
C. SCRRA will include the approved City expenditures
in its monthly invoice to the FTA for Crew Facility Funds.
Ci ty for
have been
D. SCRRA will forward the Crew Facility Funds to the
its approved expenditures once the Crew Facility Funds
received by the SCRRA.
2.
Limitations on SCRRA's responsibilities.
A. SCRRA shall only be responsible for invoicing the
FTA for an aggregate amount up to the amount provided in the
federal grants.
and the
grants.
B. SCRRA shall examine each request for reimbursement
proof of payment to ensure conformance with the federal
Any costs not covered by the federal grants will be a
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disallowed amount and not included in SCRRA's monthly invoice to
the FTA.
C. City shall not incur expenses greater
$350,050 unless authorized by an amendment to this MOU.
than
3. Term.
A. The term of this MOU will commence as of the date
hereof and shall terminate upon completion of the work described
in the Scope of Work.
4. Use of Funds.
A.
As the Project
the project as
City shall be the responsible "Project Manager".
Manager, City shall be responsible for delivery of
outlined in the Scope of Work.
B. City understands and agrees that it will use the
Crew Facility Funds for the eligible construction costs of the
permanent crew facility only.
C. City shall include the requirements of FTA
Circular 4220.ID: Third Party Contracting Requirements, as
applicable, in every subcontract entered into relating to work
performed on the Station.
5. Indemnification and Insurance
A. In consideration for SCRRA acting as a "pass
through" between FTA and City for the Crew Facility Funds, City
shall fully indemnify, defend and hold SCRRA, its member agencies
and their respective officers, employees and agents harmless for
any damage, claim or liabili ty occurring by reason of anything
done or omitted by City or its agents, or contractors, under or
in connection with the use of the Crew Facility Funds or
construction of the permanent crew facility or rehabilitation of
the depot.
B. City has required its contractors to have all
appropriate insurance.
6. Audit.
A. City understands that FTA and SCRRA have the right
to audit the use of the Crew Facility Funds upon completion of
construction of the permanent crew facility.
7. Miscellaneous.
A. City shall not assign this MOU without written
consent and prior approval of the SCRRA Chief Executive Officer
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or his designee, and any attempt to do so shall be void and
unenforceable.
B. The covenants and agreements of this MOU shall
inure to the benefit of, and shall be binding upon, each of the
parties and their respective successors and assigns.
C. City shall comply with applicable provisions of
Federal, State and local laws, statutes, ordinance, rules,
regulation and procedural requirements and applicable rules and
regulations of the SCRRA.
D. This MOU shall not be amended, nor any provision
or breach hereof waived except in writing signed by the parties.
This MOU constitutes the entire understanding between the parties
with respect to the subject matter herein.
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IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding (MOU) to be executed on the date written above by their duly authorized
officers on their behalf.
ATTEST:
CITY OF SAN BERNARDINO
BY:
BY:
Judith Valles, Mayor
City of San Bernardino
Rachel Clark, City Clerk
City of San Bernardino
SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY:
BY:
Signature
NAME:
David Solow
TITLE: Chief Executive Officer
Approved as to form
and legal content:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
HELEN PARKER
County Counsel
BY:
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Page 5
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 11, 2003
TO:
Michael Grubbs, Acting City Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2003-184
At the Mayor and Common Council meeting of July 7,2003, the City of San Bernardino adopted
Resolution 2003-184 - Resolution authorizing the execution of a Memorandum of
Understanding (MOU) between the City of San Bernardino and the Southern California
Regional Rail Authority (SCRRA) for reimbursement of cost to provide improvements to
permanent crew facilities for Metrolink at the Santa Fe Depot.
Attached is one (1) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by September 5, 2003.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Please sign and return
Date:
O:~IMETROllNK
Southern California Regional Rail Authority
700 South Flower Street, Suite 2600
Los Angeles, CA 90017-4101
213/452-0266
213/452-0422 FAX
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Via FED-X
July 14, 2003
Michael W. Grubbs, P.E.
City of San Bernardino
Development Services Department
300 North "D" Street
San Bernardino, CA 92418-0001
Re: San Bernardino Station Depot Renovation Memorandum of Understanding
Dear Mr. Grubbs:
Enclosed please fine two originals of the above-referenced MOD signed by SCRRA's David
Solow and Counsel. Please have both originals signed by City representatives, retain one
original for the City, and return one fully executed original to this office, Attention: Bruce
Ferguson.
Thank you.
Sincerely,
f}(d~~~
Donnie Ridens
Railroad Services Assistant
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enclosures
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 6, 2003
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-184 - Southern California Regional Rail Authority
CC:
Attached is a fully executed copy of the Memorandum of Understanding between the City and
the Southern California Regional Rail Authority (SCRRA) for reimbursement of cost to provide
improvements to permanent crew facilities for Metrolink at the Santa Fe Depot. The original
agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ex!. 3206.
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** FOR OFFICE USE ONLY.. NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ,'" \ 0':"
\D
Item #
Vote:
Ayes t" 5, 'I
--0
Abstain
Nays
Change to motion to amend original documents:
Reso, # On Attachments: ~ Contract term: ,-
Note on Resolution of Attachment stored separately:-=--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: 1\ " '1- 03
Date of Mayor's Signature: ') - <i 0':>
Date ofClerk/CDC Signature: ,)- \ 0 "0':-;
Resolution #
'2 ("<:.'3 - Us <1
Absent ("
.e
Null/Void After: too Dr.'f" / 9 -5-03
I
By: -
Reso. Log Updated: /
Seal Impressed: ./-
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ./~ Date Returned: '~- \- , ':.>
See Attached:
See Attached:
Date Memo/Letter Sent for Signature:
1/- \ \' c>;;
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.
Yes / No By{l
Yes No ...L.. ByL-
Yes No ...L.... By_
Yes No / By .l..-
Yes No --r B~
Code Compliance Dev. Services...L... EDA Finance /
Police Public Services Water Others:
Notes:
MIS
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:
Revised 01/12/01