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RESOLUTION NO. CDC/2010-15
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT FOR
PROFESSIONAL SERVICES BY AND BETWEEN THE AGENCY AND
VANIR CONSTRUCTION MANAGEMENT, INC., FOR ENGINEERING,
DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR A
CABLE RACEWAY AND CEILING MEDALLION AT THE CALIFORNIA
THEATRE OF THE PERFORMING ARTS (CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
l community redevelopment agency duly created, established and authorized to transact business and
exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
"CRL"), codified under Division 24, Part 1 of the California Health and Safety Code Section 33000;
land
WHEREAS, the Agency owns the California Theatre of the Performing Arts (the "Theatre")
l and the Agency desires to cause the Theatre to be improved in accordance with the plans and
specifications to be developed by Vanir Construction Management, Inc. (the "Consultant"), and
ultimately approved by the City of San Bernardino Building and Safety Division; and
WHEREAS, on May 27, 2008, and June 10, 2008, proposals were solicited from engineering
l and construction management firms pursuant to a Request for Qualifications ("RFQ") to submit
their proposals to perform certain professional services ("Services") leading to the development
the fire suppression system in accordance with the Public Contracts Code and the Agency received
one written proposal; and
WHEREAS, the Consultant was determined to be the most qualified responsive proposal and
the Agency retained the services of the Consultant to perform said Services in accordance with the
terms and conditions of the Consultant's Agreement for Professional Services (the "Agreement");
and
WHEREAS, on August 28, 2008, the Agency and the Consultant entered into the Agreement
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rDC/2010-15
1 to provide engineering, design and construction management services for a fire suppression system
2 at the Theatre and the Agency desires at this time to amend the Scope of Services ("Amendment No.
3 1 ") to include engineering, design and construction management for the installation of an audio
4 cable raceway and for the retrofit of the ceiling medallion.
5 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
6 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
7 FOLLOWS:
8 Section 1. The information set forth in the above recitals of this Resolution is true and
9 correct.
10 Section 2. The Community Development Commission of the City of San Bernardino
11 ("Commission") hereby approves Amendment No. 1 to the Agreement by and between the Agency
12 and the Consultant attached hereto and incorporated herein by reference.
13 Section 3. The Interim Executive Director of the Agency is hereby authorized to execute
14 Amendment No. 1 on behalf of the Agency in substantially the form attached hereto, together with
15 such changes therein as may be approved by the Interim Executive Director of the Agency and
16 Agency Counsel. The Interim Executive Director of the Agency or such other designated
17 representative of the Agency is further authorized to do any and all things and take any actions as
18 may be deemed necessary or advisable to effectuate the purposes of Amendment No. 1 including
19 making non-substantive modifications to Amendment No. I .
20 Section 4. This Resolution shall become effective immediately upon its adoption by this
21 Commission.
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CDC/2010-15
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
3 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT FOR
4 PROFESSIONAL SERVICES BY AND BETWEEN THE AGENCY AND
VANIR CONSTRUCTION MANAGEMENT, INC., FOR ENGINEERING,
5 DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR A
CABLE RACEWAY AND CEILING MEDALLION AT THE CALIFORNIA
6 THEATRE OF THE PERFORMING ARTS (CENTRAL CITY NORTH
7 REDEVELOPMENT PROJECT AREA)
g I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
g Development Commission of the City of San Bernardino at a ~ oint regular meeting
10 thereof, held on the 5th day of April , 2010, by the following vote to wit:
11 Commission Members: Ayes Nays Abstain Absent
12 MARQUEZ x
13 DESJARDINS x
14 BRINKER x
15 SHORETT x
KELLEY x
16
JOHNSON x
17
MC CAMMACK x
18
19 ~' ----~._-.
20 Secretary ~~
21 The foregoing Resolution is hereby approved this day of April , 2010.
22
23
atrick J. orris, Ch ~ rson
24 Co ~ y Development Commission
of the City of San Bernardino
25
26 Approved as to Form:
27 BY V
Agency Co sel
28
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CDC/2010-15
AMENDMENT NO. 1
TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
VANIR CONSTRUCTION MANAGEMENT ~ Sv-< ,
This Amendment No. 1 to the Redevelopment Agency of the City of San Bernardino
Agreement for Professional Services, (this "Amendment No. 1 ") is dated as of April 5, 2010, by
and between the Redevelopment Agency of the City of San Bernardino (the "Agency"), a public
body, corporate and politic and Vanir Construction Management, Inc. (the "Consultant"), and is
entered into consideration of the facts set forth in the following Recital Paragraphs:
RECITALS
WHEREAS, the Agency and the Consultant have executed and entered into an
Agreement for Professional Services ("Agreement") dated September 2, 2008, to perform those
tasks identified as construction management for the installation of a cable raceway from the stage
area to the sound booth and structural retrofit of the ceiling medallion at the California Theatre of
the Performing Arts; and
WHEREAS, the Consultant has performed the Scope of Services and tasks as required
pursuant to the Agreement; and
WHEREAS, with the completion of the original Scope of Services, the proposed Pre-
Construction, Construction and Post-Construction Phases of the Additional Scope of Services are
now required for the design and preparation of drawings and construction documents and
providing construction management services, for the rehabilitation to the ceiling medallion and
completion of the cable raceway project; and
WHEREAS, the Agency and the Consultant desire to amend the Agreement to provide
for the Additional Scope of Services tasks and services for an increase in the contract dollar
amount for professional services not to exceed $34, 140 and the expiration date of the Agreement
pursuant to the terms, covenants and conditions of this Amendment No. 1.
NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS SET FORTH
ABOVE, THE MUTUAL PROMISES OF THE AGENCY AND OF THE CONSULTANT IN
THIS AMENDMENT NO. 1 AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY
ACKNOWLEDGED BY THE AGENCY AND BY THE CONSULTANT, THE AGENCY
AND THE CONSULTANT AGREE AS FOLLOWS:
1. The Recitals of this Amendment No. 1 are incorporated herein by this reference.
2. This Amendment No. 1 amends the Scope of Work as attached hereto as Exhibit "A".
Agreement is hereby amended to refer to Exhibit "A" of this Amendment No. 1.
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CDC/2010-15
3. This Amendment No. 1 amends the dollar amount of the compensation payable by the
Agency to the Consultant by a sum not to exceed $34,140 from existing project funds.
IN WITNESS WHEREOF, the Agency and the Consultant hereto have duly executed this
Amendment No. 1 as of the date first written above.
AGENCY
Dated: `-~/elf ~?
Redevelopment Agency of the City of San
Bernardino, a public bod co orate and politic
Emil Ma ,Inters utive Director
Approved as to Form:
By:
Timothy J. Sa ,Agency Counsel
Dated: ~~ ~~ ~`~
CONSULTANT
Vanir Construction Management, Inc.
290 North D Street, Suite 900
San Bernar ~ 9
By:
Name: David R. Anderson
Title: Vice President
Name: Mansour M. Aliabadi
Title: President & CEO
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CDC/2010-15
EXHIBIT "A"
ADDITIONAL SCOPE OF SERVICES
Amended April 5, 2010
Phases:
Pre-Construction Phase
• Develop project schedule;
• Develop cable raceway project construction documents including: drawings,
specifications and contractor's scope of work.
Construction Phase
• Establish and implement procedures for Submittals, RFIs, Change Orders and
Payment Requests;
• Conduct jobsite progress meetings with contractors and Agency representatives
weekly or as needed;
• Report construction progress reviews to the Agency;
• Negotiation of Change Order costs and Time Extensions
Post-Construction Phase
~ Develop a punch list of incomplete or defective work items and ensure that all
items are completed or corrected prior to job acceptance;
• Collect and review all contractor as-built drawings, O&M manuals and
warranties.
PaAgendas~Agenda AttachmentstAgenda AttachmentsWgmts-Amend 2010104-OS-10 Vanir Construction - PSA Amendment No. 1 to the Agreement