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HomeMy WebLinkAbout13-Development Services ~": ~ CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION ORlGlNAl Subject: Resolution authorizing the execution of a Supplemental Agreement with Solpac, Inc. d.b.a. Soltek Pacific and Authorization to Execute Change Order No. 5 to contract with Solpac, Inc. d.b.a. Soltek Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration project per Plan No. 10446; and authorize the Director of Finance to amend the FY 03-04 budget for the projects indicated in the staff renor!. From: James Funk, Director Dept: Development Services Date: October I, 2003 File No.: 6.7178 MCC Date: October 6, 2003 Synopsis of Previous Council Action: OS/2l/01 Approved Agreement with Transtech Engineers, Inc. to provide professional construction management, plan review, and inspection services for the Santa Fe Depot Renovation Project. 09/09/02 Adopted resolutions awarding contract to Solpac, Inc. d.b.a. Soltek Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration project, per Plan No. 10446; approving Agreement with Ornnitrans for obtaining Federal Transit Administration funding; ratifying a grant application for TEA funding; and authorize the Director of Finance to amend the FY 2002/03 budget. 04/27/03 Authorization to execute Change Orders No. One and Two to contract with Solpac, Inc. d.b.a. Soltek Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration project per Plan No. 10446 and authorization to increase the project contingency. 07/07/03 Resolution No. 2003-184 authorized the execution of a Memorandum of Understanding (MOU) with Southern California Regional Rail Authority (SCRRA) to Reimburse the City for cost of MetroLink Tenant Improvements at Santa Fe Depot and Authorization to Execute Change Order No.3 to contract with Solpac, Inc. d.b.a. Soltek Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration project per Plan No. 10446 and authorize the Finance Director to amend the budget. 08/18/03 Authorized the Director of Development Services to Execute Change Order No.4 to contract with Solpac, Inc. d.b.a. Soltek Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration project per Plan No. 10446. Recommended motion: I. Adopt Resolution; 2. Authorize the Director of Development Services to execute Change Order No. Five in the amount of $1,081,306.32 to contract with Solpac, Inc., d.b.a. Soltek Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration project per Plan No. 10446; and 3. Authorize the Director of Finance to amend the FY 03-04 budget for the projects indicated in the staff report. Sufficient funding is available to cover the cost ofthe change order. ~:~nk Contact person: Michael Grubbs, Acting City Engineer Phone: 5179 Supporting data attached: Staff Report, Reso, Agreement & CO No.5 Ward: FUNDING REQUIREMENTS: Amount: $1,081,306.32 Source: (Acc!. No.) 123-558-5504-7178 Finance: Santa Fe Depot: Rehabilitation and Structure Retrofit IO/{o/D3 I I (Acct. Description) \2-'-'~ ~ L to '3 - Z '"\ ~ Agenda Item No. /3 , ','" , '. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Sublect: Resolution authorizing the execution of a Supplemental Agreement with Solpac, Inc. d.b.a. Soltek Pacific and Authorization to Execute Change Order No. 5 to contract with Solpac, Inc. d.b.a. Soltek Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration project per Plan No. 10446; and authorize the Director of Finance to amend the FY 03-04 budget for the projects indicated in the staff report. Backl!round: Bids were received for the San Bernardino Historic Santa Fe Depot Renovation and Restoration project, per Plan No. 10446, and a contract for the work was awarded to Solpac, Inc. d.b.a. Soltek Pacific in the amount of $9,296,000.00 on September 9, 2002. Four change orders to the contract with Soltek have been previously approved for a cumulative change order amount of$I,049,467.52. Attached is Change Order No.5 in the total amount of$I,081,306.32, which represents a savings for various items of work as described in detail in the attached change order. One of the most significant items of expense is the painting (including preparation/repair of the surfaces) of the exterior of the building, which was not originally contemplated by the restoration architects as being necessary at the time of bidding the project. These changes were not included in the original contract. This change order, if approved, will bring the total change order amount to $2,130,773.84 or 22.92% of the original contract amount. The City's architects (Milford Wayne Donaldson & Associate) have advised that this percentage represents a reasonable percentage of extras for restoration and rehabilitation of a historic building of this size. Shortly after the start of construction asbestos was discovered that had not been previously detected. Also, many windows, doors, panels, floors, etc. that were scheduled by the architects to be restored were found to be deteriorated to the extent of being unusable. This resulted in considerable additional costs since the contractor had to purchase new materials and fabricate the parts rather than just refinishing existing components. When the project was originally designed it was envisioned to be used as a museum. Subsequent to completion, the use was changed to accommodate SANBAG offices. This change resulted in significant changes to the interior design, the communication system, the heating veneration and air conditioning system and the overall electrical system. As previously mentioned, a major portion of the attached change order is a requirement to paint the building. The Architect envisioned power washing of the building only; however, after various tests were conducted by the contractor and overseen by the architects, that was not determined to be not feasible due to the damage that could occur to the historic surface due to pressure washing. Additionally, SANBAG did not feel that power washing by itself would leave a satisfactory appearance for the building. Therefore, the decision was made to refinish the exterior of the building with a treatment, similar to painting, which will not destroy the historic fabric of the building's surface. 2 .", , . , .~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT The contractor has agreed to waive its right to change orders for certain conditions that otherwise might generate additional change orders. They are: 1. Any loss or expense ansmg 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. 2. Any loss or expense arising from presently undetected errors or omissions in the Contract Documents. City staff and our Consultant Construction Manager, Transtech Engineers, have reviewed the attached change order and feel the prices are fair and reasonable for the proposed work. Construction work on the Depot is slightly behind the original schedule, due to the requirement to abate asbestos that was unknown at the original design. The completion date based on the current schedule is March 4, 2004. In order to guarantee the March 4, 2004 completion date, Soltek has proposed a Supplemental Agreement with the City which will cap the total cost of the project at $11,426,773.84, which represents the original bid amount plus the cost of Changes Order Nos. ] through 5. Approval of the attached Supplemental Agreement and Change Order No. 5 will allow the contractor to operate more efficiently without having to stop and wait for the City to approve future change orders. Financial Impact: The full cost of Change Order No.5 in the amount of $1,081,306.32 is partially reimbursable under terms of an Agreement being negotiated between SANBAG and the City. The cost of contract administration and inspection for the change order will be charged to Account No. 123- 558-5504-7178. 3 :.: ~. , ( CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT PROJECT DESCRIPTION CIP NUMBER ACCOUNT NO. ORIGINAL CHANGE REVISED BUDGET AMOUNT BUDGET GAS TAX FUND: Santa Fe Depot GB04-01 126-369-5504-7198 425,000 220,700 645,700 Valencia - Highland to 29th SS04-33 126-369-5504-7304 84,100 65,600 118,500' Meridian - Baseline to Foothill SS04-77 126-369-5504-7366 100,000 50,000 (50,000' Northpark - H to F Overlay SS04-80 126-369-5504-7369 80,000 75,000 (5,000' Northpark - Little Mt. And H SS04-84 126-369-5504-7371 200,000 52,800 1147,200' Total Gas Tax Fund 889,100 - 889,100 MEASURE I FUND: Northpark - Little Mt. And H Del Rosa from Date to Bonita 6th Sir. - Waterman to Pedley Palm - Orchid to S. of Piedmont Little Mnt. - 27th to Kendall Dr. Gilbert - Morse to Canyon Rd. Total Measure I Fund SS04-84 SS04-22 SS04-23 SS04-49 SS04-50 SS04-87 129-367-5504-7371 129-367-5504-7244 129-367-5504-7227 129-367-5504-7403 129-367-5504-7374 129-367-5504-7393 147,700 65,000 22,000 283,000 80,000 597,700 147,200 (5,200) (6,900) (16,700) (98,400) (20,000) 147,200 142,500 58,100 5,300 184,600 60,000 597,700 In order to increase the Santa Fe Depot budget in Gas Tax by the needed amount of $220,700, other projects needed to be adjusted so to free up funds in the Gas Tax Fund. Staff identified eight projects that could have their budgets reduced without impacting the project being completed. These eight projects were in the Gas Tax Fund and the Measure I Fund as listed above (SS04-33, SS04-77, SS04-80, Ss04-22, Ss04-23, SS04-49, SS04-50, and SS04-87). Part of the budget for Ss04-84 (Northpark between Little Mountain and "H" Street) is being moved from Gas Tax to Measure I to also help free up the needed funds in the Gas Tax Fund. There is no impact on the project as a result of this change in funding source. The Measure I 5-year CIP will have to be amended as a result of these changes. Staff will be making the changes to the Measure I 5-year CIP and will bring the item back to the Mayor and Council for approval once the changes are completed. After authorizing the Director of Finance to amend the FY 03-04 budget, sufficient funding will be available to cover the cost of the change order. Recommendation: 1. Adopt Resolution; 2. Authorize the Director of Development Services to execute Change Order No. Five in the amount of $1,081,306.32 to contract with Solpac, Inc., d.b.a. Soltek Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration project per Plan No. 10446; and 3. Authorize the Director of Finance to amend the FY 03-04 budget for the projects indicated in the staff report. Sufficient funding is available to cover the cost of the change order. 4 ';" . . '" Development Services Department 300 North "D" Street San Bernardino. CA 92418-000 1 Planning and Building 909.384.5057 Fax 909.384.5080 Public WottsIEngineering 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 PROJECT: HISTOWCDEPOT RENOVATION PROJECT, CITY PROJECT NO: IIDREN-l, FEDERAL PROJECT NO: 08-4105584L TO: SOLPAC, INe. D.B.A. SOLTEKPACIFIC 2424 CONGRESS STREET SAN DmGO, CA 92110 GENTLEMEN: Yon are hereby compensated for performing the additional work as follows: TOTAL COST CCO# 5 COST $1,081.306.32 $1,081,306.32 ITEM NO: 1 DESCRIPTION OF CHANGE See description of changes below DESCRIPTION OF CHANGES AND JUSTIFICATION: 1. The Amtrak relocation is required under the tenns 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. - 1 - .... . '.1 Change Order No. Five Historic Depot Renovation Project, City Project No. Hdren-l, Federal Project 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 of the 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 ofthe building had separated from the fayade this change order request recognizes the reattachment and repair ofthat 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 ofthe 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). 21. 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. - 2 - " " , . . Change Order No. Five Historic Depot Renovation Project, City Project No. Hdren-l, Federal Project No: 08-41055841 23. Removal of a 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. - 3 - ": J. . Change Order No. Five Historic Depot Renovation Project, City Project No. Hdren-1, Federal Project No: 08.41055841 SUMMARY OF CONTRACT COST The estimated revised contract cost is as follows: Original contract amount. ............................................................................. Decrease due to ceo #1............................................................................. Increase due to ceo #1.............................................................................. Decrease due to ceo #2............................................................................. Increase due to ceo #2.............................................................................. Increase due to ceo #3.............................................................................. Increase due to ceo #4.............................................................................. Decrease due to ceo #4............................................................................. Increase due to ceo #5 Revised contract amount 9,296,OOO.O~ 1382,451.00 423,824.0C 1365,665.00 1,023,859.0C 350,049.6E 252,969.90 1253,119.03 1,081,306.32 11 ,426, 773.8~ 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.h.a. Soltek Pacific Contractor City of San Bernardino Development Services Accepted Approved By: By: Title: James Funk Director of Development Services Date: Date: Approved by Mayor and Common Council Date: October 6. 2003 Item No. -4- . . . 1 2 CC(Q)\p~ RESOLUTION NO. 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: 08-4105584L. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION I. The Mayor of the City of San Bernardino is hereby authorized 9 and directed to execute. on behalf of said City. a Supplemental Agreement with Solpac, Inc. 10 11 D.B.A. Soltek Pacific agreeing to a lump sum price for completion of the Historic Depot 12 13 14 15 16 17 III 18 III 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. 19 20 21 22 23 24 25 26 27 28 . /,/, //' 1[0. J lei 4'/{L3 . . . 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 HISTORIC DEPOT RENOVATION PROJECT, CITY PROJECT NO: HDREN-l, FEDERAL PROJECT NO: 08-4105584L. 4 5 6 7 8 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2003, by the following vote, to wit: Council Members: AYES ABSTAIN ABSENT NAYS ESTRADA 10 11 LONGVILLE 12 13 14 MC GINNIS DERRY SUAREZ 15 16 17 MC CAMMACK ANDERSON 18 19 20 21 2003. 22 23 City Clerk The foregoing resolution is hereby approved this day of Judith Valles, Mayor City of San Bernardino 24 Approved as to 25 form and legal content: 26 AMES F. PENMAN, 27 City Attorney 28 B't 7--f~ . . . Development Services Department 300 North "0" Street San Bernardino. CA 92418-0001 Planning and Building 909.384.5057 Fax 909.384.5080 Public WOIxslEngineering 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 PROJECT: HISTORIC DEPOT RENOVATION PROJECT, CITY PROJECT NO: HDREN-l, FEDERAL PROJECT NO: ....105584L TO: SOLPAC, INe. D.B.A. SOLTEKPACIF1C 2424 CONGRESS STREET SAN DmGO, CA 92110 GENTLEMEN: You are hereby compensated for performing the additional work as follows: ITEM NO: DESCRIPTION OF CHANGE COST I See description of changes below $1,081,306.32 TOTAL COST CCO# S 51,081,306.32 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. - I - . . . Change Order No. Five Historic Depot Renovation Project, City Project No. Hdren-l, Federal Project No: 08-41055841 S. 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 of the station lookout room. This smalI anteroom had deteriorated in the interval between plan development and construction. 8. After removal of the portion and consolidation ofthe 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 infilI 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 ofthe slab covering the utility tunnel had failed this change order request allows for the repair of that portion ofthe 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). 21. 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. -2- . . . Change Order No. Five Historic Depot Renovation Project, City Project No. Hdren-l, Federal Project No: 08-41055841 23. Removal of a 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. 3 \. 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. 5 \. 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. - 3 - . . . Change Order No. Five Historic Depot Renovation Project, City Project No. Hdren-l, Federal Project No: 08-41055841 SUMMARY OF CONTRACT COST The estimated revised contract cost is as follows: Original contract amount.............................................................................. Decrease due to ceo #1.......................................... ................................... Increase due to ceo #1....................................................... ....................... Decrease due to ceo #2............................................................................. Increase due to ceo #2.. ... ...... ... ..... ......... ............... .... ............ ... ................ Increase due to ceo #3..................................................... ......................... Increase due to ceo #4.............................................................................. Decrease due to ceo #4.. .... ..... .... .... ......... .... ........................... ... ......... ... ... Increase due to ceo #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. Solpac, 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. -4- EXHIBIT" A" SUPPLEMENTAL AGREEMENT Contract with Solpac. Inc. d.b.a. Soltek Pacific for Historic Depot Renovation Proiect, Citv Proiect No: Hdren-1. Federal Proiect No: 08-41055841 Per Plan No. 10446. . TillS 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-l, 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. . 1 EXHIBIT" A" SUPPLEMENTAL AGREEMENT Contract with Sol pac. Inc. d.b.a. Soltek Pacific for Historic Depot Renovation Proiect. Citv Proiect No: Hdren-l. Federal Proiect 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 THIS AGREEMENT EACH REPRESENT THAT THEY HAVE READ AND UNDERSTAND ITS PROVISIONS, AND THAT THEY ARE AUTHORIZED TO BIND THE PARTIES FOR WHICH THEY SIGN. 2 . . . EXHIBIT" A" . SUPPLEMENTAL AGREEMENT Contract with Solpac, Inc. d.h.a. Soltek Pacific for Historic Depot Renovation Proiect. Citv 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: BY: Judith Valles, Mayor City of San Bernardino Rachel Clark, City Clerk City of San Bernardino DATE: SOLPAC, INC. D.B.A. SOLTEK PACIFIC CONTRACTOR BY: Signature NAME: TITLE: DATE: Approved as to form and legal content: JAMES F. PENMAN City Attorney City of San Bernardino BY: III III 3 f. .', OFFICE OF THE CITY CLERK RACHEL G. CLARK, CM.C. . CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.cLsan-hernardino.ca.us '" October 9, 2003 Solpac, Inc., dba Soltek Pacific 2424 Congress Street San Diego, CA 92110 At the Mayor and Common Council meeting of October 6, 2003, the City of San Bernardino adopted Resolution 2003-275 - Resolution authorizing the execution of a supplemental agreement between the City of San Bernardino and Solpac, Inc., dba Soltek Pacific agreeing to a lump sum price to complete the Historic Depot Renovation Project, City Project No. HDREN-1, Federal Project No. 08-41055841. Enclosed is one (1) original agreement. Please obtain signatures 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 be advised that the resolution and agreement will be null and void if not executed within 60 days, or by December 5, 2003. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, C/JZcL-'( ..dg.1J- Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty : '1..- ~ .' OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "0" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us '" December 10, 2003 Solpac, Inc., dba Soltek Pacific 2424 Congress Street San Diego, CA 92110 At the Mayor and Common Council meeting of October 6, 2003, the City of San Bernardino adopted Resolution 2003-275 - Resolution authorizing the execution of a supplemental agreement between the City of San Bernardino and Sol pac, Inc.. dba Soltek Pacific agreeing to a lump sum price to complete the Historic Depot Renovation Project, City Project No. HDREN-l, Federal Project No. 08-41055841. On October 9, 2003, an original agreement was sent to you for signatures. If the agreement has been signed, please return it to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Thank you, j <(Jl ({idt..0f'fL'-.. Michelle Taylor Senior Secretary CITY OF SAN BERNARPINO ADOPTED SHARED VALVES: Integrity. Accountability. Respect for Human Dignity. Honesty Taylor Mi From: Sent: To: Subject: Taylor_Mi Thursday, January 15, 2004 12:23 PM Grubbs_Mi Soltek Pacific Hello Mike, Our office has not received the supplemental agreement with Solpac, Inc., dba Soltek Pacific. TIlls agreement was approved at the Mayor and Common Council meeting of October 6, 2003, along with Olange Order No.5. It was mailed to Soltek Pacific at their address in San Diego on October 9,2003. If the agreement was returned to your office, please forward it to my attention. If you have any questions, please give me a call at eX!. 3206. Thanks and have a blessed day! Michelle Taylor Sr. Secretary, City Oerk's Office (909)384-5002, eX!. 3206 TAYLOR M!@SBQ1Y.ORG 1 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: January 26,2004 TO: Mary Freiberg, Senior Admin. Ops. Supervisor FROM: Michelle Taylor, Senior Secretary RE: Resolution 2003-275 - Solpac, Inc., dba Soltek Pacific CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with Solpac, Inc., dba Soltek Pacific agreeing to a lump sum price to complete the Historic Depot Renovation Project, City Project No. HDREN-I, Federal Project No. 08-4105584L. If you have any questions, please call me at ex!. 3206. , ,- . " " " ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): I () - (.,-03 Item # l3 Vote: Ayes ~ 'I Nays "2.. Change to motion to amend original documents: Resolution # 2C03 - '2../1 S- Abstain ~ Absent e- Reso, # On Attachments: ~ Contract term: - Note on Resolution of Attachment stored separately:-=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: NulVVoidAfter: (.,oOl"-jS, !IC'S"O,5 I Date Sent to Mayor: lO-'l-O'~ Date of Mayor's Signature: 10- 1> ,03> Date of ClerklCDC Signature: I 0 ~ '6 -03 Reso. Log Updated: ~--- Seal Impressed: ./' Date Memo/Letter Sent for Signature: lo/"{- C:>?--.. 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: .,/ Date Returned: See Attached: See Attached: Request for Council Action & Staff Report Attached: Yes ~ Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (3985,8234,655,92-389): Yes No By No ~ By No -.L By No 7' By No _ By Copies Distribu~: City Attorney Parks & Rec, Code Compliance Dev, Services,/" EDA Police Public Services Water Finance ,/ MIS 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. etc.) Ready to File:_ Date: Revised 01112/01