Loading...
HomeMy WebLinkAbout13-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: May 16, 2001 Or'" ""'L ' .', ' ; I.! ...... I i; f1 Subject: Authorization to execute agreement with Transtech Engineers, Inc. to provide professional construction management, plan review, and inspection services for the Santa Fe Depot Renovation Project. MCC Date: 5/21/01 From: James Funk, Director Dept: Development Services File: 6.7178 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 fmal 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. 3106100 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. Recommended Motion: Adopt Resolution ~ KJ:L James Funk Contact person: Raymond A. Casey, City Engineer Phone: 5127 Supporting data attached: Staff Report, Resolution, Agreement, Proposal Excerpt Ward: 1 FUNDING REQUIREMENTS: Amount: $975.000.00 Source: (Acct. No.) 123-558-5504-7178 Acct, Description: Restoration of San Bernardino Santa Fe Depot Finance: Council Notes: 5/i!IiL Agenda Item No. /.3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Authorization to execute agreement with Transtech to provide professional construction management, plan review and inspection services for the City's Historic Depot Renovation Project. BACKGROUND: The rehabilitation of this historic Santa Fe Depot is continuing on the schedule set in 1999, after the City took over the responsibility for administering the project. To date, all deadlines have been met in order to retain the Federal funding identification for the project. The Preliminary Rehabilitation and Adaptive Review Plan has been completed and approved. The Historic Property Survey Report (HPSR) has been submitted and essentially approved. The Phase I Hazardous Material and Cleanup has been completed, and the architectural (construction) drawings are over 90% complete. In the search for a construction management service, it was decided that combining the responsibility for construction management, plan review and inspection services would expedite communications, project reviews, interpretations and decision making. The proposed agreement provides, in general, that Transtech will provide construction management services, "construction feasibility" plan review and construction inspection services for the renovation of the Historic Depot Project. Requests for proposal for professional services were sent to fifteen engineering firms. Proposals were received from the following firms: 1. DMJMH+N, Los Angeles, CA 2. Harris & Associates, Irvine, CA 3. Transtech, San Bernardino, CA 4. Willdan, San Bernardino, CA 5. Engineering Resources, San Bernardino, CA A screening committee consisting of James Funk, Director of Development Services, Raymond A, Casey, City Engineer, and Jarb Thaipejr, Senior Civil Engineer reviewed the proposals. Three of the firms were deemed most qualified to perform the required services and were invited to make a presentation to an evaluation committee, The evaluation committee consisting of James Funk, Director of Development Services; Ray Casey, City Engineer; Victoria Baker, SANBAG; Bill Woolard, Planning Consultant;, Lynn Merrill, Director of Public Services; Lori Sassoon, Asst. to the City Administrator; Joe Lease, Building & Inspection Services Manager; and James Sharer, Director of Facilities Management, interviewed the firms on April 26, May 8, and May 10, 2001. After carefully reviewing the proposals and interviewing members of these firms, the committee determined Transtech was the most qualified firm to provide the necessary services. In making their determination, the committee considered similar project experience, personnel assigned to the project, references, ability to meet scheduling requirements, and understanding of and interest in the project. - 2 - Attachment "A" outlines the Scope of Services. Compensation for these services will be $975,000,00, 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). The total not to exceed cost of the proposed construction management services contract is $975,000.00. All costs associated with the Depot rehabilitation are reimbursable through the federal transportation funds awarded, excepting the local match requirements, The City received $168,926,00 from SANBAG on July 6, 1999 as local match funds for this project, RECOMMENDATION: That the Mayor and Common Council adopt the resolution approving the authorization to execute an agreement with Transtech for construction management services for the Santa Fe Depot. - 3 - Iranslech ENGINEERS .PLANNERS .MUNICIPAL CONSULTANTS 198 N. Arrowhead Avenue. Suite I .San Bernardino. California 92408 . Telephone: 19091 383-8579 . Facsimile: (909) 595.8883 April 20, 2001 Mr, Raymond A, Casey, PE, City Engineer City of San Bemardino 300 North D Street San Bernardino, CA 92418-0001 Subject: Technical Proposal Project and Construction Management Services for Historic Depot Renovation Project As requested, Fee Proposal is submitted in a separate envelope Dear Mr. Casey: In response to your request, Transtech is pleased to provide this proposal for the subject project, The project is currently under design by an architectural firm. The City is interested to retain a consulting firm to manage all aspects of the project during design, bidding and construction phases. We attended the pre-proposal meeting with the City, and conducted a preliminary review of the project area and preliminary architectural plans to become familiar with the project. We have a good understanding ofthe constraints and potential critical issues, This project will use federal funds (TEA 21), Because of the use of federal funds, the project is required to comply with Caltrans Local Assistance Procedures Manual. It is imperative that the required procedures are followed so that the reimbursement of funds are not jeopardized. Transtech is a firm unparalleled in knowledge and experience in managing federally funded projects. We are well versed in the Caltrans Local Assistance Procedures Manual. Our expertise in Caltrans procedures will ensure that the project development and processing is accepted by Caltrans. Transtech has completed, and obtained final approvals and reimbursement payments for numerous multi-million dollar federally and state funded projects, Transtech is a multi-disciplined consulting firm. One of the advantage our firm brings to 'j';PrinlwonR<<y<:ledPaper April 20, 2001 Mr. Raymond A. Casey, PE, City Engineer City of San Bernardino Subject: Technical Proposal Project and Construction Management Services for Historic Depot Renovation Project Page 2 the City is its capability to perform key services in-house. The building plan check and building code inspection services would be provided by our Building Plan Check and Inspection Department. This department has approximately 15 staff members consisting of certified plan checkers and building inspectors, Our in-house resources will ensure that the required plan check and building inspection services are provided in a timely and efficient manner. Being accustomed to working with governmental agencies in every facet of public works, we have an excellent understanding of public agency procedures, policies and issues, not only with the City, but also with various utility companies with which extensive coordination will be required. Transtech's personnel and resources are dedicated to delivering the project in an efficient and timely manner. We are confident our technical expertise combined with our excellent management skills will ensure that the project is completed in the most efficient and cost effective manner. Thank you for the opportunity to submit this proposal. Should you have any questions on the services Transtech Engineers, Inc. is proposing to provide, please contact the undersigned at your convenience, As requested, the fee proposal is submitted in a separate envelope. Ali Cayir, PE Principal S:\WPROCESSIPROPOSAL\2001\21044 SAN BERNARDINO HISTORIC DEPOTCMlTECHNICAL PROPOSALwpd o Pr_d on ~cyckd IMP" transleeh D-'~~"" ~, ~ ~ ... ~ o u ~ ILl ... II ~ 4. from 1. SCOPE OF WORK 2. EXPERIENCE 3. PROJECT TEAM REFERENCES 5. ADDENDA ACKNOWLEDGMENT EJ TechnlC,ll Propos<'I1 PrOJ0ct ,lIld CUllstrIJrtlonl'.1dl1(1(F'mcnt Son,lef's for Hlstorlt Df'pot Page 1 to . ~ ~'>"M. ~ i II. o ~ u en PROJECT UNDERSTANDING The City of San Bernardino will be undertaking the renovation of the existing Historic Santa Fe Rail Depot Building located at 1170 West Third Street. The project is currently being designed by an architectural firm, The City is interested to hire a qualified consulting firm to manage all aspects of the project during design, bidding and construction phases. The selected firm will provide a "turn-key" services, including project management, value engineering, building code plan check, construction management, building code inspection, quality control inspection, federal fund compliance, labor compliance and contract administration. It is anticipated that the construction of the project will commence in the summer of 2001, and will take between 18 to 24 months to complete. . ... Transtech presents to the City of San Bernardino a team with extensive experience and proven track record in successfUlly managing these type of projects, Our teams technical expertise in construction, and experience in Local Assistance Procedures for managing and administering federally funded projects is unparalleled. It is imperative that the applicable procedures are followed so that the reimbursement of funds are not jeopardized. In addition, the administration of the DBE program and labor compliance is a critical issue, and, if not managed properly, may result in Local Agency jeopardizing andlor losing the funding amount equal to OBE participation even all other aspects of the project were completed properly. Transtech has the knowledge and proven track record in such large and complex projects, and completing them within budget and on schedule. LOCAL ASSISTANCE PROCEDURES The following are highlights of the procedures which will be followed by Transtech in the administration of this contract: from I..... I to Technical Proposal-PrOject lInd Construction Mdll3gCnlf:llt Services for Hlc:,torll Ot'pot P.>yc 2 ..... .' ,.. I ~~,J11}'1;;o..,.,~ Transtech will prepare all necessary documents and (omJs in conlomJance with the funding requirements and obtain necessary authorizations to proceed with each phase 01 the project. from PRE.CONSTRUCTION MEETING For all Federally Funded construction projects, the administering agency is required to conduct a pre-construction conference, unless the project is of such a minor nature that a meeting is not necessary. The meeting shall be attended by representatives of the local agency and contractor. The meeting will include other affected agencies; local authorities (police, fire, etc.); and public utilities personnel. Additional meetings may be held when considerable effort and time is required to cover specific areas, such as labor compliance, Equal Employment Opportunity (EEO), record keeping, etc. CONTRACT PROGRESS It is required to maintain a written record of project progress. This record must indicate factors which may affect the wor1<, such as weather conditions, utility delays, strikes or labor disputes, and material shortages. Based on these factors a record of wor1<ing days shall be maintained. ENGINEER'S DAILY REPORTS The Resident Engineer, and construction inspectors are required to keep daily reports to record wor1< in progress. The Daily Reports shall record the hours wor1<ed by men and equipment. The detail should be sufficient to permit review of the contractor's costs of the wor1< in a manner similar to force account. Equipment should be identified sufficiently to enable determination of the applicable rental rates and operator's minimum wage. In some cases it may be desirable to record dates of arrival or departure of equipment, as well as idle time for breakdown or other reasons. PROJECT FILES The project file shall contain all data pertinent to the wor1< and to Local Assistance Procedures Manual Chapter 16 and the requirements of the specifications. The file must be complete, available at a single location, and organized and maintained in a manner that permits inspection by Caltrans and FHWA personnel during process reviews or random checks. SAFETY PROVISIONS Federal and State laws have established occupational safety and health standards with which all employers must comply. These laws basically require an employer to provide a safe place of employment; i.e., one that is reasonably free from danger to life, or health. The contractor shall be required under the contract specifications to comply with safety rules and regulations (see the FHWA Form 1273 section titled .Safety - AccIdent PreventIon"). The .Constructlon Safety Orders" of the California Division of Industrial Safety apply to all Federal-aid contracts. In administering this part of the contract, the engineer is required to see that the contractor properly provides for the safety of the workmen. Under no circumstances should the contractor be Instructed orally or In writing on how to correct a deficiency. The unsafe condition should simply be felentified as well as the specific regulation involved if it is known. to EJ Tcclllllcal Proposal Project anel COllstructlon M<llld9cmcnt Service,:; for HistoriC 00pe,t Page 3 . ~~~ ~"'"' 'J ~E;.~";f.i..1':~~ ~ _~ ^ Retaining a consultant that has in-house resources to perform key worl< items is vital to successful and efficient project control, progress and completion. from 1""'1 LABOR COMPLIANCE The administering agency is responsible to designate a labor compliance officer to enforce the contract provisions and ensure that all labor compliance requirements are perfonned and documented in the project Ii/e. EQUAL EMPLOYMENT OPPORTUNITY Equal Employment Opportunity (EEO) requirements apply to all Federal-aid construction contracts and all related subcontracts of $10,000 or more. The administering agency must maintain sufficient records to ensure that the contractor complies with the EEO requirements of his contract as well as adequate records of its own intemal employment procedures. These records are to fulfill the requirements of Title VI of the 1964 Civil Rights Act. The administering agency must establish an intemal EEO reporting system which monitors both contractors under the provisions of Executive Order 11246 as amended, and itself for compliance with Title VI of the 1964 Civil Rights Act. The local agency shall be reviewed by the DLAE and EEO Coordinator for compliance with Title VI of the 1964 Civil Rights Act. This review shall be conducted in accordance with the process review procedures outlined in Chapter 19, and reported to the FHWA The EEO requirements of the contract may include specilic affinnative action programs. CONTRACT CHANGE ORDERS Any change of the approved plans or specifications or worK required which was not included in the contract must be covered by a contract change order. Federal funds required for change orders may be jeopardized if worK is done before authorization is received from Caltrans. QUALITY ASSURANCE PROGRAM A Quality Assurance Program (QAP) is a sampling and testing program that will provide assurance that the materials and worKmanship incorporated in each highway construction project are in confonnance with the contract spec/Iicetions. The main elements of a Quality Assurance Program are acceptance testing and independent assurance sampling and testing. The QAP for all local agency projects shall include acceptance tests to detennine the quality and acceptability of materials and worKmanship incorporated into the project. WORK SCOPE A. DESIGN PHASE The services during the design phase include the fol/owing: . Manage aI/ aspects of the project, functioning as an extension of City staff. to Technical Propo~dl Project and COllstrllctlOfl M,lfhlCjCrl1Cnt SPr\,ICf'S for HlstO[H Df\pot Page 4 . ~,"" ~~~;;~.^'~~~ . Building code plan check and constructabi/ity review are two key tasks which will influence the success of the construction phase. T ranstech has well qualified staff to perform these tasks efficiently, and will ensure that potential issues and allematives are identified in advance. from I n.... I . Schedule, coordinate and attend bi-weekly design development and review meetings with the design consultant. Prepare meeting minutes and follow up resolution/completion of action items. A total of 3 meetings is estimated, Meetings will take place at the City Hall. . (Altemative Proposal 2) Provide building plan check of the plans, documents, calculations and other relevant documents submitted by the design consultant, The building plan check will be performed by a certified plan checker, The plan check is to ensure the design is completed in conformance with the applicable UBC and other design standards. Before starting the plan check, the plan checker will meet with the City's Building Official to go over City's standard plan check requirements and procedures, The City will provide standard plan check requirements and format on Microsoft Format to the plan checker. The plan checker will provide his comments in writing to City's Building Department for a cursory review and approval, Once the plan check comments are approved by the City's Building Department, the comments will be given to the design consultant for incorporation into the final plans. It is anticipated that 2 to 3 plan checks would be necessary before the plans are accepted. . Coordinate the project with all involved parties, including various City Departments, outside agencies and utility companies, . Meet with utility companies and obtain necessary seNices to the proposed structure, . Review the plans from value engineering point and suggest any cost savings and efficient methods of constructing the structure, . Review altemative materials, facade treatments and assist the City in selecting a cost effective and esthetic acceptable materials. . Review cost estimates, . Review invoices submitted by the design consultant, prepare necessary documentation recommending for payment, The payment documentation includes a summary spread sheet showing base contract amount, change orders approved, to Techlllcal Proposal-PrOject ancl Construction MJnacj('rllcnt SprvlCcs for Hl'::,lorl( Or'pot Page 5 .... ....., ~--- ~ >- '. " ' ~~~tf;,..: __. ount paid previously, current pay amount, amount paid to date and ount remaining in the contract, Also, a brief memorandum will be attached owing the status of work completed versus monies spent, ~ Schedule control. cost control and dommenVcommunl cation control are key components In successfully managing a ~ consl1l1dlon projed. B. T ranstech has developed and perfeded effICient methods to monitor ~ these projed controls ~ from 1"'''1 ~ Ensure the project progresses on schedule, report any deviations from the schedule with reasons and recommend necessary action to get the project back on the schedule. Provide a brief status report on-bi-weekly basis. ~ Coordinate with and obtain approvals from the City Engineer as required. Assist in the preparation of bid specifications, The architect will prepare the technical special specifications. Review the City's current administrative section of the specifications with City staff, and ensure updated and completed administrative sections are prepared, Coordinate with the design consultant to compile 30 sets of bid packages. PRE-CONSTRUCTION PHASE (ADVERTISEMENT, BIDDING, SELECTION OF CONTRACTOR AND NOTICE TO PROCEED). Coordinate with Caltrans to obtain approval on the PS & E as required in Chapter 12 of Local Assistance Procedures Manual. Prepare council staff report requesting approval to advertise the PS & E for bids. ~ Upon approval by City Council, coordinate with the City Clerk the advertisement of the project. Also, inform the Green Sheets and deliver 1 set of PS & E Bid set for advertisement. ~ Keep track of bid packages picked by bidders. ~ Schedule a mandatory pre-bid meeting. The design consultant will attend the pre-bid meeting, Prepare minutes of the pre-bid meeting, necessary addendum, clarifications and answers, Mail addendum, clarifications and answers to all pre-bid meeting attendees. to Tectlmcal Propo<';<11 PrOject and Construction MdlldqcnH'llt Sf-tYleps for HI' torl( Dr pnt Page 6 . p~\"~ ~i"'.,:..i, ~ U'< ~ -, . Be present at the bid opening. The City Clerk will open the bids. After getting copies of bids from the City Clerk, analyze bids, check references of the apparent low bidder. Upon completion of the bid analysis, prepare Council staff report to award the contract to the lowest responsible bidder, · Follow-up and coordinate with the City Clerk execution of the construction contract, · Upon approval of the contract, schedule a pre-construction meeting with the contractor, City Departments, design consultant and utility companies, Prepare and distribute the minutes of the pre-construction meeting, . Coordinate with contractor the start date of the construction, Ensure that necessary notices have been field with utility companies and USA underground in advance of the construction. Schedules will be reviewed at weekly meetings, 2 week look ahead schedules will be developed, and project schedule will be updated monthly. . Review and approve a detailed construction schedule with critical paths showing detailed tasks, milestones and completion dates, . Monitor material procurement, . Issue Notice to Proceed, C. CONSTRUCTION PHASE . Prepare daily field observation sheets/dairies and progress pictures. · Review request for information (RFI) and provide necessary responses and/or coordinate with the design engineer to obtain necessary answers/clarification when needed, · Review contractor change order requests, and prepare necessary documentation for submittal and approval or denial by the City. from Caltrans Local Assistance Procedures Manual requires that any change of the approved plans or specifications or work required which was not included in the contract will be covered by a to EJ Technical Proposal Project Jncl Constrw:tlot1 I'rl,Hlaq0rllCnt ServlCf's for HistOriC Depot Page 7 . ~ , ~';'~ttr:;"',~ _' T ranstecll enforces strict safety rules for everyone 10 follow. without any exception. from /...../ contract change order. All change orders are to be approved by the administering agency in advance of any work being done on the change. Federal funds required for change orders may be jeopardized if work is done before authorization is received from Caltrans, For "locally administered" projects, the following procedures apply. Changes on planned features will be reevaluated before proceeding with the change. We will determine eligibility of all change orders, A change order may be determined participating, participating in part, or nonparticipating, in regards to using Federal funds. In general, most changes are participating provided they are necessary to complete the project as originally contemplated at the time the plans and specifications were approved, Nonparticipation will not be a determination used in order to circumvent Federal requirements (for example, waiving Buy America in order to accept foreign materials would jeopardize project funding). ~ Review pay requests, and prepare necessary documentation for submittal and approval by the City. ~ Prepare and distribute all necessary notices to public agencies and property owners/occupants impacted by the project construction, and respond to complaints and resolve problems as necessary. ~ Maintain safety, Federal and State laws have established occupational safety and health standards with which all employers must comply. These laws basically require an employer to provide a safe place of employment; i.e" one that is reasonably free from danger to life, or health. We will require the contractor to comply with safety rules and regulations (per the FHWA Form 1273 section titled "Safety-Accident Prevention'; the "Construction Safety Orders" of the Califomia Division of Industrial Safety will apply to all Federal-aid contracts,) In administering the safety, the Resident Engineer is required to see that the contractor properly provides for the safety of the workmen. The unsafe condition will be identified as well as the specific regulation involved if it is known. In carrying out the responsibilities of assuring safety compliance as a contract to TpdHllcal PlopoSJI PrOject and Construction ManagcmCllt Scrvlcfls for HI'..,torl( D('pot Page 3 . ~g~:..~ {}# -<,~~- ' requirement, the following guidelines will be used: To date, T ranstech has not had any safety complaints or citations nn any constructiOll projects managed by ffs staff Imminent Hazarcl These are conditions that, if not corrected, woutd likety result in an accident causing severe or permanently disabting injury, or death. When an imminent hazard is found to exist or when the Contractor permits repeated occurrences of a hazardous condition the Resident Engineer will take the following steps: . Advise the Contractor verbally of the condition and the need for immediate correction. . Remove all employees from the hazardous exposure. . Have the Contractor remove all personnel not necessary to make the corrections, Complete all necessary abatement actions. . If the Contractor compties, document the incident in the contracfs Safety Diary with appropriate references in the Resident Engineer's Diary. . If the Contractor does not comply, shut-down the affected operation(s). Document the condition(s) and your order in writing. Whenever it is necessary to shut-down a Contractor's operation the Construction Safety Coordinator and the Division of Occupationat Safety and Health will be notified of the hazardous condition and the actions taken. . Diaries giving all details feading up to the suspension and copies of orders by the Resident Engineer and/or the Division of Occupational Safety and Heatth will be maintained in of the contract fifes. Dangerous Conditions (Serious Hazards) These are conditions that do not present an immediate danger to workers, but if not corrected could result in a disabling injury and possibly death, or could develop into an imminent hazard. When a dangerous condition (sometime referred to as a Serious Hazard) is found to exist the Resident Engineer witl take the following steps: Advise the Contractor verbally of the condition and the need for timely correction. If appropriate, set a compliance deadline. Remove all emptoyees from the hazardous exposure. If the Contractor compties, document the incident in the contract's Safety Diary with appropriate references in the Resident Engineer's Diary. If the Contractor does not compty, consider ordering the shut-down the affected operation(s). Document the condition(s) and your order in writing. If the operation is ordered to be shut-down proceed in the same manner as described for an imminent hazard. Minor or Non-Serious These are conditions that could result in minor injuries or that may be ctassified as a threat to health. When an non-serious or minor condition is found to exist the Resident Engineer will take the following steps: Advise the Contractor verbally of the condition and the need for correction. /rom Ib--I to Tcchlllcal Proposal ProJrct and Construction Mdrl,lgrmcnt Scrvl{ cs for Hlstnfj( Dl\pot PaCJl' 9 .... .c.._..... ~~"""'" ~_'!;~ <1::=",,1""- ~f,.{;~~""""::,, ~,.,. ' . Transtech will prepare detailed pay applications based on schedule 01 values, and control project schedule and budget elf/dently. . If the Contractor complies, document the Incident In the contracfs Safety Diary. Protect employees from exposure. If the Contractor falls to correct the condition or permits its repeated occurrence, the Construction Safety Coordinator should be notified. . . Maintain contract cost accounting system per Caltrans Local Assistance Procedures Manual requirements. The essential elements of the system are: It will contain a file of source documents supporting payments made to contractors. Source documents will be any written record(s} prepared by the agency which clearty record: a. To what specified portion of work it applies; b. The necessary measurements and/or calculations by which the quantity is Determined; and c. The name of the individual who made the determination. The calculations on source documents will be checked in accordance with good engineering practice and the name of the checker included thereon. Checking will be performed as soon as practicable, but in any event prior to payment of a final estimate. Quantities from source documents will be entered in the appropriate project records. Weighmaster certificates are source documents and will be validated by the Lead Inspector at the point of delivery. It will contain a separate item sheet for each contract item and each other appropriate accounting category such as; adjustments of compensation; extra work payments; payments for materials not yet incorporated into the work; and deductions. It will contain a contingency balance and anticipated changes sheet, on which the current estimated probable final cost of the work is recorded. It will provide for retention of the records in accordance with the local agency-State Agreement. This agreement requires that records be retained by the local agency for a period of three years from the date of final payment under the project program supplement. Progress Estimates will be prepared and a copy submitted to the Caltrans Accounting Service Center Attention: Local Programs Accounting Branch with each invoice requesting reimbursement. . . . . . · Coordinate performance of required tests per approved Quality Assurance Program (QAP). from 1.......1 A QAP is a sampling and testing program that provides assurance that the materials and workmanship incorporated in each highway construction project are in conformance with the contract specifications. The main elements of a Quality Assurance Program are acceptance testing and independent to Tcchmcal Proposal-ProJf'ct and ConstructIOn Mdlldgclllf'nt Scrvl( os for HistoriC OPpot P"yc 10 . ~~-<,<z:d::{t~~"" :.. assurance sampling and testing. As required by Caltrans Local Assistance Procedures Manual, the QAP will include acceptance tests (A T). A T results will be used to determine the quality and acceptability of materials and workmanship incorporated into the project. We will use Califomia and/or the American Society for Testing and Materials (ASTM) as applicable. Both of these test methods are acceptable, Material testing and sampling costs are eligible to be charged to the construction engineering phase of the project, ~ Conduct project walk-through(s) and prepare punch list(s). ~ Ensure the project is implemented per the approved set of plans, note any deviations from the plans on a working plan set, and submit as-built drawings at the completion of construction, Transtech is recognized as one of the foremost experllirm in local. regiOlJaJ, state and federal funding programs and procedlJres ~ Provide labor compliance services in conformance with Caltrans Local Assistance Procedures Manual. Our designated Labor Compliance Officer will enforce the contract provisions and ensure that all labor compliance requirements are performed and documented in the project file. from \....1 We will maintain sufficient records to ensure contractor/subcontractor compliance with wage and apprenticeship sections of the contract. Specific actions required, include but are not limited to: 1. Preparing inspector's daily reports which note employee names, labor classifications, hours worked, and equipment working on the project. Ideally, employee names, classifications, and hours worked will be noted on each daily report ("Resident and Assistant Engineers Daily Report" forms CEM-4501, and HC-10A will be used) 2. Conducting spot interviews with employees on the project. A form similar to, or State Form HC-0031 will be used. 3. Maintaining written evidence of apprentices employed on the project. 4. Ensuring that the contractor submits certified payrolls and/or owner operator listings (as appropriate) for their work and from all subcontractors or equipment rental companies who perform work on the project. Every laborer or mechanic performing work on the project must appear on either a certified payroll or owner operator list. 5. Spot checking the payrolls or listings to ensure that at least to TeclHllca! Proposdl proJcc t dlld Construction Managcment Services for Historic Depot Page 11 . ~~~tlt"'",,- ""~ the applicable Davis-Bacon or State prevailing wage rates as referred by the Special Provisions are paid. 6. Cross checking reports, interviews, payrolls and wage rates in order to determine the contractor's and subcontractor's compliance. Comparing all day labor work to certified payrolls. Employees' names, classifications, and wage rates should match. 7. Ensuring that the contractor posts all specified posters, notices, wage determinations, etc. at the job site. 8. Applying necessary sanctions against the prime contractor for failure to submit payrolls or noncompliance with the labor standard requirements. Sanctions will be in conformance with current Department of Transportation policy as described in the Construction Manual, Chapter IX, Section 9-01, 'Labor Compliance.' 9. Reporting any apparent violation of State or Federal/abcr requirements to the Caltrans District Labor Compliance Officer immediately upon discovery. For many local agencies which have no in-house staff. Transtech SelVeS as the agency engineer providing tllm.key setVices in managing all aspects of similar projects. . Monitor and ensure compliance with Equal Employment Opportunity (EEO) requirements, EEO requirements apply to all Federal-aid construction contracts and all related subcontracts of $10,000 or more. We will maintain sufficient records to ensure that the contractor complies with the EEO requirements of his contract as well as adequate records of its own intemal employment procedures. These records are to fulfill the requirements of Title VI of the 1964 Civil Rights Act. from I blllttu\ It is required that the administering agency must establish an internal EEO reporting system which monitors both contractors under the provisions of Executive Order 11246 as amended, and itselfforcompliance with Title VI of the 1964 Civil Rights Act. We will ensure that contractors comply with the EEO requirements of their contract by conducting periodic compliance reviews of the contractor at the home office and/or project file. We will follow the procedures in LLP Exhibit 16-X which contains a list of 16 essential affirmative action steps, the efforts required to implement them, and the record that should be maintained to document the contractor's efforts, We will use LLP Exhibit 16- Y which contains an EEO compliance review. We will prepare various reports by the contractors and/or the local agency must be forwarded to the Caltrans District Labor Compliance Officer for transmittal to the FHWA. Such reports will include the following: . PR.1391, (LLP Exhibit 16-0, 'Federal-Aid Highway Construction Contractors Annual EEO Report'J - Report of employment showing Technical Proposal Project ancl Construction Managclllf'nt SCrVJCflS for Hlstor!c Dr-'pot PJgo 12 [I ;1:N.j ""I ~..k: ,,-Z.-Yd'~~' We will not bother you with queslions. details and process, rather, we will keep you up to date OIl the progress with 10 the point briefings". You will be as informed of the project progress as our staff. and be able to answer questions from the policy makers or from your superiors on demand. from I"'''' I . ethnic and sex composition of each craft classification annually during July. Prepared by the contractor and by each subcontractor if their work exceeds $10,000. Federal Standard Form (CC-257) (LLP Exhibit 16-P, "Monthly Employment Utilization Report'1- This form will be completed and submitted by the contractor as required directly to the US Department of Labor Office of Federal Contract Compliance Programs (OFCCP) . Maintain a safe and efficient traffic control in the construction area. . Coordinate with the Specialty Inspectors, Independent Specialty Inspectors will be hired by the City, Transtech will prepare necessary RFP's, obtain proposals from at least 3 qualified specialty inspection firms, and recommend to the City the most qualified and cost efficient firm, . Coordinate with SCE and other utility companies to ensure services and connections are made in a timely manner. . Conduct weekly progress meetings with the Contractor, prepare minutes of the meetings. . Provide a brief status report to City Engineer on weekly basis. . Conduct project walk-through and prepare punch list. . Ensure the project is implemented per approved set of plans, note any deviations from the plans on a working plan set, and submit as-built drawings at the completion of construction. . When required, coordinate with and request design engineer's presence in the field to approve necessary design elements being constructed, soils engineer and special inspections by independent special inspector. Keep track of time spent by them, . Coordinate submittal, review and approval of shop drawings with the design engineer in a timely and efficient manner. . Maintain proper project files and documentation, The file will be complete, available at a single location, and organized and to ." < "-' Technical Proposal-Project Jrlcl ConstructIOn Manaqonwnt Service; for Hlstorll OC'pot p,I[JC 11 .' . . ~ '~~.l ~;'"- , We have developed a turn. key service approach and system where our staff becomes an extension of the City and assumes full responsibilffy and accountability of the project. In summary. we will manage all aspects of the project and give you a tum.key selVice. maintained in a manner that permits inspection by Caltrans and FHWA personnel during process reviews or random checks, Project files will be organized and include the following information: 1. 2. Project Personnel Correspondence a. Contractor b. General Weekfy recorrJ of working days Materials Data a. Certificate of Proficiency b. Independent Assurance Sampling and Testing c. Report of Witness Tests d. Project Acceptance Test Results and Initial Tests e. Project Independent Assurance Tests f. Report of Comparison Between Independent Assurance Tests (fA T) and Acceptance Tests g. Summary of Independent Assurance Testing h. Notice of Materials to be Used i. Notice of Materials to be Fumished j. Notice of Materials to be Inspected k. Report of Inspection of Material f. Field Laboratory Assistant Reports m. Certificates of Compliance n. Material Testing Summary Log Engineer's Daily Reports Contract Item Pay Quantity Documents Contract Change OrrJers Extra Work Reports Progress Pay Estimates and Status of Funds Labor Compliance and EEO recorrJs Contractor's Payrolls Final Report Materials Certificate DSE RecorrJs 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. All contract documentation and backup records will be available at any time for inspection, We will use of a uniform project record-keeping system, together with diligent maintenance of the system, greatly facilitates a process review and minimizes negative findings. Good records of all construction activities clearly demonstrate to all concerned that project supervision and control were attained on the project. Coordinate close out of the project, obtain necessary operation manuals, warranties, guarantees and other necessary information. Present to the City a complete project close out file, . from Ir-I to TcctHllcal Proposal Project and Construction Mafla~.F)lllcnt Scn/lc('~ fc>r Hi'-,:()rit D\'fHlt P,Jgc 14 . ( \.- (- - ~(Q)L?V 1 RESOLUTION NO. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR 4 CONSTRUCTION MANAGEMENT, PLAN REVIEW AND INSPECTION SERVICES 5 FOR THE RENOVATION OF THE CITY'S HISTORIC DEPOT PROJECT. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the Mayor is authorized to execute the Agreement with Transtech 9 Engineers, Inc, for providing Professional Services for provision of Construction Management 10 Services (attached and incorporated herein as Exhibit "A"). A contract is entered into with said 11 12 13 fIrm for the actual costs incurred, not to exceed $975,000,00, but such agreement shall be effective only upon being fully executed by both parties, The Mayor is hereby authorized and directed to execute said agreement on behalf of the City. 14 SECTION 2. This agreement and any amendment or modifIcations thereto shall not 15 16 take effect or become operative until fully signed and executed by the parties and no party shall 17 be obligated hereunder until the time of such full execution, No oral agreements, amendments, 18 modifIcations or waivers are intended or authorized and shall not be implied from any act or 19 20 21 22 23 /1/ course of conduct of any party, SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution, 24 /1/ 25 ._- 26 - 27 28 - 1 - ,. , ( -- c: ~.-- . '- 1 RESOLUTION...APPROVING SERVICES AGREEMENTS WITH TRANSTECH ENGINEERS, INC, FOR CONSTRUCTION MANAGEMENT, PLAN REVIEW AND INSPECTION SERVICES FOR THE RENOVATION OF THE CITY'S HISTORIC 3 DEPOT PROJECT. 2 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of 8 Council Members: 9 ESTRADA 10 11 ,2001, by the following vote, to wit: ABSTAIN ABSENT NAYS AYES LIEN 12 MC GINNIS SCHNETZ 13 14 15 ANDERSON 16 17 18 19 20 21 22 23 24 25 26 27 SUAREZ MC CAMMACK City Clerk ,2001. clay of The foregoing resolution is hereby approved this Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney Bf1-: r. p~ /II 28 -2- (- EXHIBIT A AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this of 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 "CONSTRUCnON 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 ( '-on the terms and conditions as hereinafter set forth; and - NOW, THEREFORE, it is mutually agreed, as follows: 1. 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 "1", 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-outIPost-construction Phase" shall not commence until a Notice to Proceed has been issued for that phase, 3, STANDARD OF PERFORMANCE ..-.. Construction Manager shall complete all work in conformance with Federal, State, and local regulations and industry standards. - 1 c_ (- - - '- 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 pennitted when the Construction Manager establishes and City has agreed in writing that there has been, or 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 of the 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, 2 (- (: '-. \ - E. The Construction Manager also agrees to comply with Federal procedures in accordance with 49 CFR, Part 19, Uniform Administrative Requirements for Grants and <;ooperative 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 1, 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 1-112 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 "1" 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 c~ - (- - .- - 9, 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. TERMINAnON 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 perfonn in accordance with the terms of this Agreement. Each party shall have twenty (20) clays 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 perfonned 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 "1", 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 of this 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. 11. INDEPENDENT CONTRACTOR 4 (- C:. ..- , '- 12. 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, 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 Ali 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. RESPONSmILITIES 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 of this 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. 5 c_ 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 perfonnance 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, 15. COVENANT AGAINST CONTINGENT FEE c: 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 of this 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 cornmission, 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 (- (- - ,-, (- 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, LIABILITYIINSURANCE 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 lirnit of not less than One Million Dollars ($1,000,000.00) per occurrence, B. Comorehensive 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 Compensation 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, 7 ( 3REEMENT FOR Professional Construction Management Services with Transtech Engineers, mc.. - 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: Rachel Clark, City Clerk City of San Bernardino BY: Judith Valles, Mayor City of San Bernardino TRANSTECH ENGINEERS, INC, BY: c: Signature NAME: Ali Cayir, P.E, nTLE: Princioal Approved as to form and legal content: JAMES F. PENMAN City Attorney ::r t fen..- 11/ - I , \- 8 (= (- - - , '- EXHIBIT 1 TRANSTECH ENGINEERS, INC. CONTRACT FEE Project and Construction Management Services for Historic Depot Renovation Project w ~ I ~ a: :I: <J) . 0 a: ~ . w ::> IIA. DESIGN PHASE x 0 0 ii: :I: l- i Principal $130 80 $10.400 I Project Manager ------ -. $110 250 $2.7,5M , Assistant Project Manager (Site Coordinator) $70 50 $3,500 Project Contmller $100 100 $10,000 Administrative Support $40 100 $4,000 B. PRE.cONSTRUCTION PHASE (ADVERTISEMENT, BIDDING, BID OPENING, AWARD) Principal $130 40 $5,200 Project Manager $110 60 $6.600 Assistant Project Manager (Site Coordinator) $70 10 $700 Project Controller $100 60 $6,000 I Administrative Support $40 20 $800 C. 21 MONTH CONSTRUCTION PHASE Principal $130 420 $54,600 I Project Manager $110 3600 $396,000 Assistant Project Manager (Site Coordinator) $70 3600 $252.000 project Contmller $100 420 $42,000 Administrative Support $40 3600 $144,000 PROJECT CLOSE.QUTIPOST CONSTRUCTION Principal $130 10 $1,300 project Manager $110 20 $2,200 Assistant prcjec:t Manager (Site Coordinator) $70 I 80 $5.600 project Controller $1001 0 $0 Administrative Support $401 80 $3,200 TOTAL PROJECT FEE Inot to exceed' . $975 600 ASSUMnONS: THE TOTAL FEE IS NOT TO EXCEED BASED ON THE HOURS SPECIFIED. THE HOURLY RATES ARE FIRMED FIXED RATES FOR THE DURATION OF THE PROJECT. THE CITY WILL PROVIOE TO TRANSTECH AN OFFICE SPACE AT PROJECT SITE AT NO COST SUBMITTED BY: DATE: sl 10/0 t I ~ ALl CAYlR. PRINCIPAL - . TRANSTECH ENGINEERS, INC. NEGOTIATED FEE SUBMITTAL BY TRANSTECH MAY 10, 2001 FEEPROPOSALNEGOTIOTI:>N.123 . CITY CLERK'S OFFICE RACHEL G, CLARK, C.M,C. .. CITY CLERK P.O. Box 1318. San Bernardino. CA92402 300 North "D" Street. San Bernardino. CA 92418.0001 909,384.5002. Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan-bernardino.ca.us '" May 29, 2001 Ali Cayir, PE, Principal Transtech Engineers, Inc. 198 N. Arrowhead Avenue, Suite 1 San Bernardino, CA 92408 Dear Mr. Cayir, At the Mayor and Common Council meeting of May 21, 2001, the City of San Bernardino adopted Resolution 2001-116 - Resolution approving a services agreement with Transtech Engineers, Inc., for construction management, plan review and inspection services for the renovation of the City's Historic Depot Project. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the agreement for your files. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by July 20, 2001. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, .1 " 'I}i:{/tJl.t_A~~\l(}-"- Michelle Taylor >' Senior Secretary Enclosure cc: Raymond A. Casey, Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity' Honesty ; .. <.. CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: August 14,2001 TO: Raymond Casey, Deputy DirectorlCity Engineer FROM: Michelle Taylor, Senior Secretary RE: Resolution 2001-116 - Agreement with Transtech Engineers, Inc. Our office has not received the executed services agreement with Transtech Engineers, Inc., for construction management, plan review, and inspection services for the renovation of the City's Historic Depot Project, which was approved at the Mayor and Common Council meeting held on May 21, 2001. Please forward the executed agreement to the City Clerk's office, to my attention; otherwise, please submit a memo detailing its status. If you have any questions, please call me at ext. 3206. . '" ,. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** . RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 5"-2.\-0' Item # Vote: Ayes ,- ..., Nays -kr 1:2, Resolution # 7(J() 1- II (,., Abstain --E::r Absent .-e- Change to motion to amend original documents: Reso. # On Attachments: / Contract term: - NullNoid After: f.oo 0 P[~ I ,- 2-()-a I Note on Resolution of Attachment stored separately: -=-- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: 5 - 2...~ -c\ Date of Mayor's Signature: S' ,;;)5-01 Date of ClerklCDC Signature: ..5 - ,;;:>5-0 \ Reso. Log Updated: Seal Impressed: ./ ./ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: v"" Date Returned: gls-a\ See Attached: See Attached: Date MemolLetter Sent for Signature: ~-;1'1-0 I 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): Yes v"" No By Yes No~ By Yes NoL- By Ves No -Y By Ves No _ By Copies Distributed to: City Attorney/ Parks & Rec. Code Compliance Dev. Services ~ EDA Finance ,/ MIS Police Public Services Water 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. ete,) Ready to File: ~ Date: )( -I ("-0 I Revised 01/12/0 I