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RESOLUTION NO. 2003-275
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND SOLPAC, INC. D.B.A. SOLTEK PACIFIC AGREEING TO A
4 LUMP SUM PRICE TO COMPLETE THE HISTORIC DEPOT RENOVATION
5 PROJECT, CITY PROJECT NO: HDREN-l, FEDERAL PROJECT NO: 08-41055841.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is hereby authorized
and directed to execute, on behalf of said City, a Supplemental Agreement with Solpac, Inc.
11 D,B,A. Soltek Pacific agreeing to a lump sum price for completion of the Historic Depot
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Renovation Project, attached and incorporated herein as Exhibit "A",
SECTION 2. The authorization to execute the above-referenced Supplemental
Agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days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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2003-275
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF SAN
2 BERNARDINO AND SOLPAC, INC. D.B.A. SOLTEK PACIFIC AGREEING TO A
3 LUMP SUM PRICE TO COMPLETE THE mSTORIC DEPOT RENOVATION
PROJECT, CITY PROJECT NO: HDREN-l, FEDERAL PROJECT NO: 08-4105584L.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a j t. regular meeting thereof, held
7 on the 6th day of October ,2003, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
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21 2003,
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Approved as to
25 form and legal content:
Q,~ iJ.
"-
r!.Lo,Je
City Clerk
The foregoing resolution is hereby approved this
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day of
October
/~'''''' C2~,-
Betty Dean Anderson, Mayor Pro Tern
City of San Bernardino
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JAMES F, PENMAN,
27 City Attorney
28 Byt ,jJ~
2003-275
EXHIBIT "A"
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SUPPLEMENTAL AGREEMENT
Contract with Solpac. Inc, d,b.a, Soltek Pacific for Historic Depot Renovation Proiect.
City Proiect No: Hdren-l, Federal Proiect No: 08-41055841 Per Plan No. 10446.
THIS SUPPLEMENTAL AGREEMENT (the "Agreement"), entered into on the
date fully executed below, by and between the City of San Bernardino (hereinafter the
"City"), whose address is 300 North "D" Street, San Bernardino, California 92418-0001
and Solpac, Inc. d.b.a, Soltek Pacific, General Contractor's License No. 703828
(hereinafter the "Contractor"), whose address is 2424 Congress St., San Diego, California
92110-2888.
WHEREAS, the City awarded a contract to the Contractor in the amount of
$9,296,000.00 on September 9, 2002, for the Historic Depot Renovation Project, City
Project No: Hdren-1, Federal Project No: 08-41055841 Per Plan No. 10446; and
WHEREAS, the City and Contractor agree that certain changes to the Contract
may be beneficial to both parties,
NOW THEREFORE, The City and the Contractor hereby agree as follows:
1. Contractor shall furnish all materials and perform all work for the completion of
construction of the Project (the "Work"), as more fully described in the Contract
Documents, Contractor shall perform and complete the Work in a good and
workmanlike manner, and in accordance with all of the Contract Documents.
2, The Contract Price for the performance and completion of the project to be paid
by the City to the Contractor is a fixed sum of Eleven Million Four Hundred
Twenty Six Thousand Seven Hundred and Seventy-Three Dollars and Eighty-
Four Cents ($11,426,773,84), The total compensation, which Contractor will
receive, is the Contract Price, The total compensation which Contractor will
receive in connection with the Project encompasses all of the Work including the
following:
a. Lump Sum Base Bid, and Change Orders #1, 2, 3,4, plus proposed Change
Order #5, attached hereto and made a part hereof.
b. Any loss or expense arising from site conditions differing from those
anticipated by Contractor; provided that Contractor shall not be responsible for
any remediation work at the Project Site relative to any hazardous substances or
pollution unless such hazardous substances or pollution were brought onto the
Project Site by Contractor, its employees, agents or subcontractors.
Compensation for this work will be paid above and beyond the fixed sum stated in
paragraph 2.
c. Any loss or expense arising from presently undetected errors or omissions in
the Contract Documents.
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2003-275
EXHIBIT "A"
SUPPLEMENTAL AGREEMENT
Contract with Solpac, Inc. d.b,a, Soltek Pacific for Historic Depot Renovation Proiect,
City Proiect No: Hdren-l, Federal Project No: 08-41055841 Per Plan No. 10446.
3, Any loss or expense arising from a governmental agency requiring changes to the
project will be outside the terms of this Supplemental Agreement. Compensation
for this work will be paid above and beyond the fixed sum stated in paragraph 2.
4, Any loss or expense arising from owner's representatives requesting material
upgrades will be outside the terms of this Supplemental Agreement
Compensation for this work will be paid above and beyond the fixed sum stated in
paragraph 2,
5, All of the respective rights and obligations of City and Contractor are set forth in
the Contract Documents. The Contract Documents are incorporated herein by and
to the extent they are consistent with this Supplemental Agreement, including the
following:
a. Lump Sum Base Bid, and Change Orders #1, 2, 3, 4, plus proposed Change
Order #5, attached hereto and made a part hereof.
6. Completion date of Work set forth as follows:
a, Final completion of the Work is to occur on or before the close of business on
March 4, 2004
7. This Agreement, and Change Orders #1, 2, 3, 4, and proposed Change Order #5
control in the event of conflict with any of the other Contract Documents.
8. No claim or suit whatsoever shall be made or brought by Contractor against any
officer, agent or employee of the City for or on account of anything done or
omitted to be done in connection with this Agreement, nor shall any such officer,
agent or employee be liable hereunder.
9. This Agreement is entered into in San Bernardino County, California and it shall
be interpreted and enforced under and pursuant to the laws of the State of
California. One or more waivers of a breach of any term of this Agreement shall
not be construed as a waiver of a subsequent breach of the same or other terms.
In the event that any provisions of this Agreement shall be invalid or
unenforceable, then the remaining provisions shall be valid and binding on the
parties, In the event that this Agreement is for any reason terminated, then its risk
allocation and indemnity provisions shall remain in full force and effect In the
event that any indemnification herein called for shall be prohibited by law, then
the subject indemnification provisions shall not be void, but rather shall be
interpreted as requiring indemnification only to the fullest extent allowed by law.
THE INDIVIDUALS EXECUTING TillS AGREEMENT EACH REPRESENT THAT
THEY HAVE READ AND UNDERSTAND ITS PROVISIONS, AND THAT THEY
ARE AUTHORIZED TO BIND THE PARTIES FOR WillCH THEY SIGN.
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2003-275
EXHIBIT "A".
~LJPPLEMENTAL AGREEMENT
Contract with SoIpac, Inc, d.b.a. SoItek Pacific for Historic Depot Renovation Proiect,
City Proiect No: Hdren-l, Federal Proiect No: 08-41055841 Per Plan No. 10446.
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental
Agreement to be executed on the date written below by their duly authorized officers on
their behalf
ATTEST:
CITY OF SAN BERNARDINO
BY:~~~
ache1 Clark, CIty Clerk
City of San Bernardino
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Q-.ti. . .
Be Dean Anderson, Mayor Pro Tern
City of San Bernardino
DATE: OCjCf)t:f2... g. ;:).cc03
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SOLPIAC, INC. D.B.A. SOLTEK PACIFIC
CON CTOR
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BY:
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TITLE: //2'; d~,,-l
DATE: ".,&- /;?"c;':7
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
City of San Bernardino
BY: L?/~
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2003-275
Development Services Department
300 North "0" Street San Bernardino, CA 92418'()()()1
Planning and Building 909.384.5057 Fax 909.384.5080
Public WorkslEngineering 909.384,5111 Fax: 909.384.5115
www.ci.san-bemardino.ca.us
CONTRACT CHANGE ORDER NO. FIVE
FILE NO. 6.7178
DATE: OCTOBER 6, 2003
PROJECf:
IDSTORIC DEPOT RENOVATION PROJECf, CITY
PROJECf NO: HDREN-l, FEDERAL PROJECf NO:
08-4105584L
TO:
SOLPAC, INC. D.B.A. SOLTEKPACIFIC
2424 CONGRESS SlREET
SAN DIEGO, CA 92110
GENTLEMEN:
You are hereby compensated for performing the additional work as follows:
ITEM NO: DESCRIPTION OF CHANGE COST
1 See description of changes below 51,081,306.32
TOTAL COST CCO# 5 $1,081,306.32
DESCRIPTION OF CHANGES AND JUSTIFICATION:
1. The Amtrak relocation is required under the terms and conditions of the funding of this
project. This relocation has also provided Amtrak the ability to maintain operations during
the renovation of the project.
2. The poor condition of the metal security grate over the basement window well at this location
required it to be replaced.
3. The metal security grate over this basement window well was stolen during the interim
period of plan development and the bidding of the project.
4, In discussions with the architect and to field verify conditions it was determined that
additional demolition was required.
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2003-275
Change Order No. Five
Historic Depot Renovation Project, City Project No. Rdren-I, Federal Projeet No: 08-41055841
5, Over the years the roof and storm drains had become clogged with debris this change order
request acknowledge that these items must be in working order prior to the building being
turned over for use,
6, This change order request recognizes and finishes minimal improvements in order to restore
Amtrak service to the terminal building,
7, This change order request encompasses the reconstruction ofthe station lookout room. This
small anteroom had deteriorated in the interval between plan development and construction.
8, After removal of the portion and consolidation of the existing soil at this location the
elevation of the mechanical enclosure was significantly below expectations. This change
order requests recognizes the additional amount of material necessary to bring this enclosures
to the elevation shown on the plans.
9, Based upon further field review after the cleaning of major portions of the building additional
cracking was noticed in the building exterior. The change order request addresses the
remediation of these exterior blemishes.
10, Demolition of additional areas within the women's restroom area due to concrete beam not
visible from previous survey of the building blocking the proposed routing of plumbing from
the second floor to the first.
11, Additional demolition required to route plumbing and mechanical utilities required under
current building codes.
12, This change order recognizes additional power requirements of additional equipment and
provides the ability for the terminal building to hold additional tenants above prior
assumptions.
13, This change order recognizes the necessity of removing tile prior to construction within this
area. This maintains the architect's intent within the plans while relocating fixtures to
accommodate plumbing requirements between first and second floor.
14, This change order request encompasses the removal and replacement of tile not previously
believed necessary within the men's rest room area. This removal and relocation is required
by existing field conditions which precluded use of the existing plumbing route.
15, This wall was required to be removed in order to place the elevator in the proper location.
This was not a historic wall and hid several historical pieces of ceiling,
16, Removal of in fill in restroom windows to be replaced with replica windows and replacement
of two usable plumbing fixtures previously thought to be salvageable,
17, Upon further inspection additional architectural blemishes were noted upon the high domes
of the building this change order request is to apply necessary restoration to those areas.
18, One of the architectural features of the building had separated from the fayade this change
order request recognizes the reattachment and repair of that architectural feature.
19. A portion of the slab covering the utility tunnel had failed this change order request allows
for the repair of that portion of the utility tunnel.
20, This change order request addresses another portion of the utility tunnel where major repairs
were necessary to the roof of the tunnel (banquet room floor),
2 L A ducting system serving the second floor was discovered to have been used for ventilating a
food preparation area on the second floor, This duct was discovered to contain large amount
of grease and dirt which is necessary to remove as a health issue,
22, In order to route larger ducting in conjunction with mechanical changes it was necessary to
remove additional areas of attic obstructions.
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2003-275
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Change Order No. Five
Historic Depot Renovation Project, City Project No. Hdren-1, Federal Project No: 08-41055841
23, Removal ofa small section of wall within a restroom area to allow placement of historic tile
to maintain architectural integrity,
24, Removal of concrete infill to structurally upgrade existing foundation system at stairway.
25, Within the attic space original construction unexpectedly shifted from concrete wall to
hollow clay tile, This change order request reflects alternative means used to achieve
structural objectives in attachment of beams at this location,
26, Additional specialized saw cutting and removal of wall for mechanical penetrations.
27 Construction of a shaft ceiling as required by the building code.
28, Substitution of different model of cabinet in order to accommodate building requirements,
29, Replacement of window infill at this location due to deterioration of existing material.
30, Modification and addition of duct shaft wall at second floor due to changes in mechanical
system capacities,
31. Within rooms 245 and 246 demolition and reconstruction of wall between men's and
women's restrooms to all placement of plumbing fixtures.
32, Repair of an approximately 4' by 4' section of wall required to removed to allow placement
of new mechanical equipment.
33, Fabrication of transition structure to accommodate available wall penetrations for upgraded
mechanical equipment.
34, Remediation of first floor settlement issues in conjunction with architectural and structural
review of floor structure.
35, Removal and replacement of deteriorated interior wood structure of canopy at terminal
entrance.
36, Fabricate and repair parapet wall at gridline 27 per architect's direction.
37, Replace doors and windows damaged beyond repair through additional weathering,
vandalism from time of architect survey and construction.
38, Credit for changing of lath and plaster finish to drywall with texture coating.
39, Additional mechanical changes due to redesign,
40, Changes to accommodate existing roof challenges not shown on plans.
41. Repairs to newly discovered cracks, fog coat for building in lieu of previously deleted
painting.
42, Additional changes associated with increases in capacity for Building.
43, Modifications to storm drain and site drainage.
44, Structural repairs and modification not shown on plans.
45, Plumbing changes necessitated by existing conditions not shown on plans.
46, Site improvements to existing parking lot
47, Street improvements along street frontage,
48, Additional expenses associated with Amtrak's relocation.
49, Additional Tile repair not anticipated at time of building survey,
50, Additional repair of structural slab located along south tunnel.
51, Replacement of additional doors and window due to deterioration of existing doors and
windows.
52, Additional leveling slab within banquet areas to comply with building code.
53, Additional demolition required but not shown in plans.
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2003-27 5
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Change Order No. Five
Historic Depot Renovation Project, City Project No. Hdren-I, Federal Project No: 08-41055841
SUMMARY OF CONTRACT COST
The estimated revised contract cost is as follows:
Original contract amount" '" ." ", '" ,., '" ". ,.. ,., ." '" '" ,., ,., '" ."" ," '.' ." '" ". '" ". '"
Decrease due to eeo #1 '" '" ." '" ,., ,,' '" '.' ". '" ." .., '" ,., '" ." .,.". '" ,,' "'" ." ,., .""
Increase due to eeo #1."", ".,.""".", ""'"",.' ".'.,."."", ,., ,."""",'.., ",."", '"
Decrease due to eeo #2."", """ ""'.",.,, ,.,.,.", "".""., """,., '" """,., """"'"
Increase due to eeo #2..,..,.., ,.. ,.. ,.. '.. '.. '.. ,...., ,..... ,...., ,.. ,....,.., ,.. ,.. ,.. ,...., ,.....
Increase due to eeo #3.............., ..,........,.. ,..,...., ..........., ,.... .... ,.. ...... ,..
Increase due to eeo #4........,.. ........,..,.., .......'.., ,........... ......, ,...... ,.. ...... ,..
Decrease due to eeo #4..,.., ,.. ,...., ,....,.., ,...., '.. ,...... ,.. ,.. ,.. ,.. ,......., '.. ....,
Increase due to eeo #5
Revised contract amount
The cumulative amount of change orders to date is $2,130,773.84, which represents 22.92% of
the original bid amount.
Sol pac, Inc. d.b.a. Soltek Pacific
Contractor
City of San Bernardino
Development Services
Accepted
Approved
By:
By:
James Funk
Director of Development Services
Title:
Date:
Date:
Approved by Mayor and Common Council
Date:
October 6. 2003
Item No.
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