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HomeMy WebLinkAboutCDC/2010-151 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 28 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 1 P~.4gendas\Resolutions\Resolutions\2010V0405-10 Vanir Construction - PSA Amendment I CDC Rcsodoc 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. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 P:\Agendas\Resolu[ionsVtesolu[ions\?010\04-OS-10 Vanir Construction - PSA Amendment I CDC Reso.doc 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 3 P \Agendas\Resolu[ionsUtesolutions\2010\04-OS-10 Vanir Construction - PSA Amendment I CDC Reso.doc 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. P.1Agei -s\Agenda AttachmentsWgenda Attachments\Agmts-Amend 2010\04-05-10 Vanir Construction - PSA Amendment No. 1 to the Agreement 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 P.VigendasWgenda AttachmentsWgenda Attachments\Agmts-Amend 2010\04-05-10 Vanir Construction - PSA Amendment No. 1 to the Agreement 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