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Home My WebLink About2003-198 1 2 3 4 5 6 7 8 RESOLUTION NO. 2003-198 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO.5 TO THE AGREEMENT WITH MILFORD WAYNE DONALDSON, FAIA INC. FOR BIDDING ASSISTANCE/CONSTRUCTION OBSERVATION FOR THE RENOVATION AND RETROFIT OF THE SAN BERNARDINO SANTA FE DEPOT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. THAT THE MAYOR is authorized to execute Amendment No.5 to the 9 Agreement (see attached Exhibit "A" and incorporated herein) with Milford Wayne Donaldson, 10 11 12 F AlA Inc. for Bidding Assistance/Construction Observation for the renovation and retrofit of the San Bernardino Santa Fe Depot. Such Amendment No.5 shall be effective only upon being fully executed by all parties. 13 14 SECTION 2. This Amendment and any modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated 15 16 17 18 19 20 21 22 23 III hereunder until the time of such full execution. No oral agreement, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the Amendment fail to execute it within sixty (60) days of the passage of this resolution. III 24 III 25 III 26 III 27 28 2003-198 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 MAYOR TO EXECUTE AMENDMENT NO. 5 TO THE AGREEMENT WITH MILFORD WAYNE DONALDSON, FAIA INC. FOR BIDDING 3 ASSISTANCE/CONSTRUCTION OBSERVATION FOR THE RENOVATION AND RETROFIT OF THE SAN BERNARDINO SANTA FE DEPOT. 4 5 6 7 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and j t. Common Council of the City of San Bernardino at a reg. meeting thereof, held on the 21st day of July ,2003, by the following vote, to wit: Council Members: ABSTAIN ABSENT AYES NAYS 9 ESTRADA ~ 10 11 x LONGVILLE 12 MC GINNIS 13 x x DERRY 14 SUAREZ 15 16 17 18 x ANDERSON x x MC CAMMACK 19 20 21 22 day of July ,2003. The foregoing resolution is hereby approved this Gordon McGinnis. Mayor Pro Tem City of San Bernardino 23 Approved as to 24 form and legal content: 25 JAMES F. PENMAN, City Attorney 26 27 28 2 r.- 2003-198 EXHIBIT "A" AMENDMENT NO.5 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH ARCHITECT MILFORD WAYNE DONALDSON, FAIA, INC. This AMENDMENT NO.5 is made and entered into this 21st of July 2003, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and Architect Milford Wayne Donaldson, FAIA, Inc., hereinafter referred to as "ARCHITECT." WITNESSETH WHEREAS, San Bernardino City Council, on November 20, 2000, adopted Resolution No. 2000-327 approving an Agreement for Professional Services with Architect for preparation of plans, specification, and estimate for the San Bernardino Historic Santa Fe Dt~pot Renovation and Restl;ration project; and WHEREAS, four Amendments to Agreement have been approved by the City and Architect; and WHEREAS, San Bernardino City Council, on September 9, 2002, adopted a Resolution awarding a 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, hereinafter referred to as PROJECT; and WHEREAS, Amendment No. 4 to Agreement authorized a not-to-exceed compensation in the amount of $157,000 to the Architect and its subconsultants for bidding assistance and construction observation; and WHEREAS, construction of the Project is approximately 50% percent completed; and WHEREAS, at least 8 months of work will be needed to complete work on said Project; and WHEREAS, Architect has advised City that, at the current rate, its not-to- exceed compensation approved by Amendment NO.4 in the amount of $157,000 may be expended by July 21, 2003, and, should that occur, the Architect, together with its subconsultants, has advised the City that, under the Architect's Practice Act, it must cease to render construction observation services for Project at that time; and WHEREAS, City staff concurs that retention of Architect for construction observation services is essential to the proper historic renovation and retrofit of the Santa Fe Depot; and WHEREAS, Architect has requested an Amendment to the Agreement to cover the cost of additional required services (See Attachment 1); and Page I of 3 .. 2003-198 EXHIBIT" A" AMENDMENT NO.5 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH ARCHITECT MILFORD WAYNE DONALDSON, FAIA, INC. WHEREAS, paragraph 5.B. of Agreement allows adjustment to the l0tal cost of services when the Architect and City agree in writing that there has been, or will be, a significant change in the scope, complexity or character of the services to be performed; and WHEREAS, City agrees that the requested revisions are not within the scope of services covered in Agreement; and WHEREAS, the proposed additional services to be performed by Architect are described in a letter from Architect. dated July 9, 2003, identified as Attachment I, respectively, attached hereto and made a part hereof. NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES Architect shall perform those additional services identified in Attachment 1. 2. COMPENSATION Upon depletion of the not-to-exceed fee in the amount of $157,000, authorized by Amendment No.4, City shall continue to compensate Architect on a time- and-materials basis for construction observation services on an "as-needed" basis at an estimated total additional not-to exceed cost of $100,000. 3. NO ADDITIONAL CHANGES Except as otherwise stated in this Amendment No.5, all terms of the original Agreement, as approved by City on November 20, 2000, and as amended in Change Order Number One, approved by City on April 16,2001, and as amended in Amendment Number Two. approved by City on June 18, 2001. and as amended in Amendment Number Three, approved by City on October 15, 2001, and as amended in Amendment Number Four, approved by City on July 21, 2003, shall remain in full force and effect. III III Page 2 of 3 . 2003-198 EXHmIT "A" AMENDMENT NO.5 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH ARCHITECT MILFORD WAYNE DONALDSON, FAIA, INC. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: CITY OF SAN BERNARDINO ,So BY: ~kJl fJ.wJJ Rachel Clark, City Clerk 9J ;;~~~;l0a)lk~ tteLu \-eG-t BY: Gordon McGinnis, Mayor Pro Tem City of San Bernardino Milford Wayne Donaldson, FAIA, Inc. BY: u....., Signat re NAME: ClIII TITLE: Pl-e~\- Approved as to form and legal content: JAMES F. PENMAN City Attorney Page 3 of 3 2003-198 ........ . "1" MIU'ORO WAYI\lE DONAUlSON ARC HIT E CT . July 9, 2003 ,;. n SI.T" AYt!NUt: SAN DIEGO CA 92101.1010 HISTO..IC O...5lAMP QU.....TER CITY OF SAN BERNARDINO 300 North D Street San Benwdino, CA 92418-0001 Attention: Mr. Mike Grubbs Re: !WI Remardinn Santt. Fe ~r - Proiect II 01 071 Construction Observation Additional Services Proposa1 Dear Mike: Please CODSider this letter to be a f'onnaI proposa1 trom Architect MiIfonl Wayne Donaldson, F AlA (MWD) to exterJd the ME team's Consttllction Observation Services for the San Bernardino Santa Fe Depot. MWD is n:questing appmval of this Additiollal SCIVices Amendment in the amount of Ou HllAdred ThoasaDd Do1Iars (5100,000) to cover Construction Ob~rvation Services tracked on II time and materials basis. The Additional Services amOUllt is based on your Jetter dated July 8. 2003. As you nOOld in your Icttcr, an additiooa1 Amendment may be needed at a future date as construction progresses. As mentioned previously, the ME team expects to exhaust the Cl.D'I'eIIt budget by July 21, 2003 although the acrual depletion date is difficult to predict. Architect MWD needs a copy of the siped Amendment or a Icttcr of commitment from the City of San Bernardino by July 21, 2003 because we are n:quin:d under the Architect's Practice Act to withhold services when thm is no written &gTeement. :lr.(:~~_m._~._. -*- Milford wayn=11dSOn, FAIA PresideDt C20193 cc. Mike Wolff I City of San Bernardino AIi Cayer, Craig Melicher, AI Papni I Transtech Mike Edwards \IG,,~ J.... OAlll_SlILCOIdMa\CIicMOwr ..._~_........ TFI.ErIIONF.; (619) 2.'''.1Jt1,I F.I.F.("TIONI(: MAIL: MWOWARCHWWO.C':OM FACSIMILE: (619) lJ4-62ll6 ~OOIZOO'd SeLS. VIVd Nosa~Noa MH ~~a~IH~~ geZ9 tC~ 6,9 L,:S, COO~.60'~nr