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HomeMy WebLinkAbout16-Development Services CITY OF SAN BERNARDINO REQUEST FOR COUNCIL I P ' v A L From: Valerie C. Ross, Director Subject: Resolution authorizing the execution of Amendment No. 1 to Professional Services Dept: Development Services Agreement with Transtech Engineers, Inc. for Planning, Architecture and Engineering Services to Date: March 25, 2008 prepare the Santa Fe Depot District Area Plan. File: 6.7178 Resolution of the City of San Bernardino approving Amendment No. 1 to the three-year Capital Improvement Program for FY 2007-2010 for Measure "I" Local Expenditures. MCC Date: April 21, 2008 Synopsis of Previous Council Action: 07/20/92 Authorized Resolution No. 92-277 approving a Twenty-Year Transportation Plan for Measure "I" Program of Local Expenditures. 03/15/04 Resolution adopted authorizing the execution of First Amendment to Cooperative Agreement with SANBAG; and authorization for the Director of Finance to amend the FY 2003-04 budget for the project as indicated in the staff report; and Authorization to Execute Change Order No. 6 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. 12/06/04 Authorized Resolution No. 2004-385 approving a Professional Services Agreement with Transtech Engineering, Inc. for planning, architecture and engineering services to prepare the Santa Fe Depot District Area Plan. 10/01/07 Authorized Resolution No. 2007-412 approving a Three-Year Capital Improvement Program for FY's 2007-2010 for Measure "I" Local Expenditures. Recommended Motion: 1. Authorize the Director of Finance to amend the FY 2007-2008 Capital Improvements Budget by transferring $227,200 from Account No. 129-367-5504-7202 SS-B Construct Accessibility Improvements at Various Locations to Account No. 129-367-5504-7178 San Bernardino Santa Fe Depot Historic Renovation and Restoration project in the amount of $162,200 and to Account No.129-367-5504-7349, Sante Fe Depot Area Planning project in the amount of$65,000; and 2. Adopt Resolutions. Valerie C. Ross Contact Person: Kerry Morford, Interim Assist. Director Phone: Ext. 3305 Supporting data attached: Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: $227,200 Source: (Acct. Nos.) 129-367-5504-7202 Acct. Description: SS-B Construct Accessibility Improvements at Various Locations Finance: Council Notes: �sv8- t $ ;.20o 8- /a Agenda Item No. A9 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution authorizing the execution of Amendment No. 1 to Professional Services Agreement with Transtech Engineers, Inc. for Planning, Architecture and Engineering Services to prepare the Santa Fe Depot District Area Plan. Resolution of the City of San Bernardino approving Amendment No. 1 to the three-year Capital Improvement Program for FY 2007-2010 for Measure "I" Local Expenditures. Background: Two completed Capital Improvement Program (CIP) projects are in need of financial adjustments to bring closure to the projects. The two projects are the Santa Fe Historic Renovation and Restoration project and the Santa Fe Depot Area Planning project. Completed in January 2006, the San Bernardino Santa Fe Depot Historic Renovation and Restoration project was a federally funded project administered through Caltrans with a local match requirement. After project completion, there remained a total of$190,330 in project costs that were not reimbursed. It is, therefore, necessary to process a budget amendment to cure the account deficit. Interest that accrued on the project funds in the amount of$28,175 can be applied to the account, resulting in the need to transfer a net amount of $162,155. Measure I funds are an eligible expense for this project; therefore, it is recommended to transfer funds from this source. Final costs for the San Bernardino Santa Fe Depot Historic Renovation and Restoration project totaled $15,042,920 of which $6,999,095 was considered a local match originating from various sources including SANBAG. A final adjustment is also needed for the Santa Fe Depot Area Planning project in order to pay the remaining invoices of$65,000 from Transtech Engineers, Inc. Their contract was issued in the amount of $399,963. In this case, work had been authorized under an approved contract, a purchase order issued and the work performed, but at the conclusion of the project, insufficient funds remained to complete payments to the engineering firm. Measure I funds are the recommended source of transfer funds for this project as well. In order to pay the invoices once funds have been transferred, the contract term with Transtech must be extended retroactively. A resolution has been prepared for MCC consideration to accomplish this action. While Measure I funds are recommended to be transferred from the SS-13 Construct Accessibility Improvements at Various Locations project account, sufficient funding will remain to deliver the project as designed. On October 1, 2007, the City submitted it's annual 3-Year Measure I to SANBAG. SANBAG requires that the Measure I CIP be amended whenever funds are adjusted between projects or additional monies allocated. Audits are conducted by SANBAG each June 301h to insure that San Bernardino adheres to its latest Measure I CIP. 2 04/15/2008 4:08 PM CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - Continued In order to keep the City's 3-Year Measure I CIP in compliance with SANBAG's requirements, staff recommends adoption of the attached resolution approving Amendment No. 1 to the 3-Year Measure I CIP for FY 2007/2010 as shown in Attachment"A"to the resolution. Financial Impact: Funds are available in the half-cent sales tax (Measure 1) Capital Improvement Project budget, SS-B Construct Accessibility Improvements at Various Locations. Recommendation: 1. Authorize the Director of Finance to amend the FY 2007-2008 Capital Improvements Budget by transferring $227,200 from Account No. 129-367-5504-7202 SS-B Construct Accessibility Improvements at Various Locations to Account No. 129-367-5504-7178 San Bernardino Santa Fe Depot Historic Renovation and Restoration project in the amount of $162,200 and to Account No.129-367-5504-7349, Sante Fe Depot Area Planning project in the amount of$65,000; and 2. Adopt Resolutions. 3 04/15/2008 4:08 PM 1 AWN. 2 RESOLUTION NO. 3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH 4 TRANSTECH ENGINEERS, INC. FOR PLANNING, ARCHITECTURE AND ENGINEERING SERVICES TO PREPARE THE SANTA FE DEPOT DISTRICT AREA 5 PLAN. 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. 1 to the 9 Professional Services Agreement with Transtech Engineers, Inc. for planning, architecture and i 10 engineering services to prepare the Santa Fe Depot District Area Plan (attached and incorporated 11 12 herein as Exhibit "A"). 13 SECTION 2. This Amendment No. 1 shall not take effect or become operative until 14 fully signed and executed by the parties and no party shall be obligated hereunder until the time 15 of such full execution. No oral agreements, amendments, modifications or waivers are intended 16 or authorized and shall not be implied from any act or course of conduct of any party. 17 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it 18 within sixty (60) days of passage of the resolution. 19 20 21 22 23 24 25 26 27 28 0 . Jw 4 - ai -D� - 1 - i . 1 2 RESOLUTION ... APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. 3 FOR PLANNING ARCHITECTURE AND ENGINEERING SERVICES TO PREPARE 4 THE SANTA FE DEPOT DISTRICT AREA PLAN. 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 , 2008, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of , 2008. 21 22 Patrick J. Morris, Mayor 23 City of San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, 26 City Attorney 27 28 By: - 2 - r Exhibit"A" AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into this day of 2008 between > Transtech Engineers, Inc. ("Contractor") and the CITY OF SAN BERNARDINO ("City)". i WITNESSETH: y A. WHEREAS, on December 6, 2004, the Mayor and Common Council of City Eadopted Resolution No. 2004-385, approving a Professional Services Agreement with Contractor for Planning, Architecture and Engineering Services to prepare the Santa Fe Depot District Area Plan; and, B. WHEREAS, said Professional Services Agreement was effective on December 10, 2004, and expired eight(8)months thereafter; and, i C. WHEREAS, Contractor had submitted invoices for work performed pursuant to said Agreement for which no payment has been made by City; and, I D. WHEREAS, In order for City to process and make payment on the outstanding invoices, the Agreement must not have expired. NOW THEREFORE, the parties hereto agree as follows: 1. Section 1 of said Professional Services Agreement is amended to read as follows: Subject to the provisions of Section 22 "Termination of Agreement" of this Agreement, the term of this Agreement shall be effective from December 10, 2004 through and including June 30, 2008. Such term may be extended upon written agreement of both parties to the Agreement. 2. All other terms and conditions of the original Professional Services Agreement, as approved by Resolution No. 2004-385, shall remain unchanged. Exhibit "A" Amendment No. I to Professional Services Agreement—Transtech Engineers,Inc. Page 2 of 2 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. TRANSTECH ENGINEERS, INC. Date: by: Signature Print Name/Title CITY OF SAN BERNARDINO Date: by: Fred Wilson City Manager ATTEST: Rachel Clark, City Clerk Approved as to form: JAMES F. PENMAN, City Atto ey By: �. Q - 1 RESOLUTION NO. C (OPY --- 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO THREE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR 3 FY 2007-2010 FOR MEASURE "I" LOCAL EXPENDITURES. 4 WHEREAS, San Bernardino County voters approved passage of Measure "I" in November, 1989, authorizing San Bernardino Associated Governments, acting as the San 5 Bernardino County Transportation Authority, to impose a one-half of one percent retail 6 transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and, 7 WHEREAS, San Bernardino County voters approved an extension of Measure "I" in 8 November, 2004, extending Measure "I" for an additional 30 years beyond the previous expiration in 2010; and, 9 10 WHEREAS, revenue from the tax can only be used for transportation improvements and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 89- 11 1 of the Authority; and, 12 WHEREAS, Expenditure Plans of the ordinance require each local jurisdiction receiving revenue from the tax to expend those funds pursuant to a Five-year Capital Improvement 13 Program and a Twenty-Year Transportation Plan adopted by resolution of the local jurisdiction; t, 14 and, 15 WHEREAS, Expenditure Plans of the ordinance also require that each local jurisdiction annually adopt and update the Five-Year Expenditure Plan, except that the Plan need not include 16 years after 2010 since the current Measure I program expires in October of 2010; and 17 WHEREAS, in consideration of the above, a Three-Year Capital Improvement Program for FY 2007-2010 for Measure "I" Local Expenditures was approved by Resolution No. 2007- 18 412 on 10/01/07; and, 19 WHEREAS, Amendment No. 1 to the Three-Year Capital Improvement Program (2007- 20 2010) for Measure"I"Local Expenditures is necessary due to changes detailed in Exhibit"A"; 21 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 22 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 23 SECTION 1. Amendment No. 1 to the Three-Year Capital Improvement Program (CIP), for Measure "I" Program of Local Expenditures, for FY 2007-2010, a copy of which is attached 24 hereto, marked Exhibit"A"and incorporated herein, is hereby adopted. 25 SECTION 2. Except as noted in Exhibit "A", all other local expenditures of Measure I 26 funds for FY 2007-2010 as approved by Resolution No. 2007-412,remain unchanged. 27 SECTION 3. The "twenty-year transportation plan," for Measure "I" Program of Local 28 Expenditures, adopted by Resolution No. 92-277, on July 20, 1992, is still in effect. 1 RESOLUTION ... APPROVING AMENDMENT NO. 1 TO THREE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FY 2007-2010 FOR MEASURE "I" LOCAL 2 EXPENDITURES. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the 5 day of , 2008, by the following vote, to wit: 6 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 BAXTER 10 BRINKER 11 DERRY 12 KELLEY 13 JOHNSON 14 15 MC CAMMACK 16 17 Rachel Clark, City Clerk 18 The foregoing resolution is hereby approved this day of 19 2008. 20 21 Patrick J. Morris, Mayor 22 City of San Bernardino 23 Approved as to Form: 24 JAMES F. 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