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HomeMy WebLinkAboutR39- Economic Development Agency CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCV ORIGINAL FROM: Emil A.Marzullo SUBJECT: Vanir Construction Management, Inc. — Interim Executive Director Amendment No. 1 to the Agreement for Professional Services for Engineering, Design and Construction Management Services at the DATE: March 26,2010 California Theatre of the Performing Arts (Central City North Redevelopment Project Area) --- ___---------------_______.--_...---_--------------.----___-____.----_---------_.__--_---_--------__--- Svnopsis of Previous Commission/Council/Committee Action(s): On March 4, 2010, Redevelopment Committee Members Johnson, Shorett and Brinker unanimously voted to recommend that the Community Development Commission consider this action for approval. jiecom Recommended Motion(s): (Community Development Commission) 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) Contact Person(s): John Dolan Phone: (909)663-1044 Central City North Redevelopment Project Area(s): Project Area Ward(s): Ist Supporting Data Attached: I Staff Report 9 Resolution(s)0 Amendment/Agreement(s)/Contract(s)O Map(s)❑Letter(s) FUNDING REQUIREMENTS: Amount: S 34,140 Source: CDBG 2005-2006 Funds Budget Authority: 2009-10 Budget Signature: _Fiscal Review: Emil A. r m Executive Director Lori P. I ler�1 erin 'tistrative Services Director Comm ssion/Council Notes o OI O / P\ Wn"s\COoun oev Commission\CDC 2010\00.05-10 Vanir Constocion-PSA Amendmm No I SR COMMISSION MEETING AGENDA Meeting Date: 04/05/2010 Agenda Item Number: R2_jq ECONOMIC DEVELOPMENT AGENCY STAFF REPORT VANIR CONSTRUCTION MANAGEMENT,INC.—AMENDMENT NO. I TO THE AGREEMENT FOR PROFESSIONAL SERVICES FOR ENGINEERING,DESIGN AND CONSTRUCTION MANAGEMENT SERVICES AT THE CALIFORNIA THEATRE OF THE PERFORMING ARTS (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) BACKGROUND: The Redevelopment Agency of the City of San Bernardino (the "Agency"), and Vanir Construction Management, Inc. (the "Consultant), entered into an agreement for professional services ("Agreement') dated August 28, 2008. The scope of consultant services consisted of engineering design, preparation of plans and specifications, estimates and construction management services ("Project') for a fire suppression system to the California Theatre of the Performing Arts (the "Theatre"). The Theatre located at 562 W. 4s' Street, San Bernardino, California, was completed in 1928 and continues to need maintenance, rehabilitation and restoration. Compensation for the completion of the Project was agreed upon an amount not to exceed $310,140.00, of which approximately $274,653.74 was spent to date, leaving a balance of approximately $35,486.26. During the installation of the fire suppression system, certain health and safety issues were discovered and corrected; however, because of time constraints, two (2) opportunities to improve the Theatre were left to be addressed at a later date. Specifically, upgrading the structure of the ceiling medallion and installing a cable raceway to clear the isles of audio cables which could become potential tripping hazards and are needed to be completed as soon as possible. CURRENT ISSUE: Sufficient resources remain allocated to the Agreement to complete the design and construction management services for the ceiling medallion and cable raceway projects. Further, because the Consultant is familiar with the issues at the Theatre, both time and money can be saved by continuing their management services rather than undertaking a lengthy proposal process and trying to acquaint personnel of new companies to the issues involved. For these reasons, the most efficient course of action would be to amend the current Agreement to allow the Consultant to provide engineering, design and construction management services for the rehabilitation of the ceiling medallion and installation of the audio cable raceway. ENVIRONMENTAL IMPACT: No impact under CEQA pursuant to Section 15301. ----—----- --------------------------------- ----------------------------- P\Agedo�=m Comm nTM201pM. IGVmir[owiunion-PSAA ..d.NO.i3R COMMISSION MEETING AGENDA Meeting Date: 04/05/2010 Agenda Item Number: Economic Development Agency Staff Report Vanir Construction—PSA Amendment No. I Page 2 FISCAL IMPACT: None beyond the $34,140 remaining for the engineering, design and construction management services previously allocated from the CDBG 2005-2006 funds. Account Budgeted Amount: $35,486.26. Balance as of March 16, 2010. Balance after approval of this item: $1,346.26. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. Emil A. Marzullo, Interim Executive Director P.Wge as\Comm Dv CommiuionWM2N0 05-10 Vmir Commeuon-PM AmeMmmt No l SR COMMISSION MEETING AGENDA Meeting Date: 04/05//1010 /0 Agenda Item Number: �9 I RESOLUTION NO. 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING 4 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO 5 EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT FOR 6 PROFESSIONAL SERVICES BY AND BETWEEN THE AGENCY AND VANIR CONSTRUCTION MANAGEMENT, INC., FOR ENGINEERING, 7 DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR A CABLE RACEWAY AND CEILING MEDALLION AT THE CALIFORNIA 8 THEATRE OF THE PERFORMING ARTS (CENTRAL CITY NORTH 9 REDEVELOPMENT PROJECT AREA) 10 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a 11 community redevelopment agency duly created, established and authorized to transact business and 12 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the 13 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code Section 33000; 14 and 15 WHEREAS, the Agency owns the California Theatre of the Performing Arts (the "Theatre") 16 and the Agency desires to cause the Theatre to be improved in accordance with the plans and 17 specifications to be developed by Vanir Construction Management, Inc. (the "Consultant"), and 18 ultimately approved by the City of San Bernardino Building and Safety Division; and 19 WHEREAS, on May 27, 2008,and June 10, 2008, proposals were solicited from engineering 20 and construction management firms pursuant to a Request for Qualifications ("RFQ") to submit 21 their proposals to perform certain professional services ("Services") leading to the development of 22 the fire suppression system in accordance with the Public Contracts Code and the Agency received 23 one written proposal; and 24 WHEREAS, the Consultant was determined to be the most qualified responsive proposal and 25 the Agency retained the services of the Consultant to perform said Services in accordance with the 26 terms and conditions of the Consultant's Agreement for Professional Services (the "Agreement"); 27 and 28 WHEREAS, on August 28, 2008, the Agency and the Consultant entered into the \greement �./ 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 i 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. 1. 20 Section 4. This Resolution shall become effective immediately upon its adoption by this 21 Commission. 22 23 24 25 O26 27 28 /// © 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) 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at a meeting 10 thereof, held on the day of 2010, by the following vote to wit: 11 Commission Members: Ayes Nays Abstain Absent 12 MARQUEZ — 13 DESJARDINS © 14 BRINKER — 15 SHORETT — 16 KELLEY 17 JOHNSON — 18 MC CAMMACK 19 20 Secretary 21 The foregoing Resolution is hereby approved this day of 2010. 22 23 Patrick J. Morris, Chairperson 24 Community Development Commission 25 of the City of San Bernardino © 26 Approved as to Form: 27 By: Agency C04hsel 28 AMENDMENT NO. 1 TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGREEMENT FOR PROFESSIONAL SERVICES VANIR CONSTRUCTION MANAGEMENT This Amendment No. 1 to the Redevelopment Agency of the City of San Bernardino Agreement for Professional Services, (this "Amendment No. I") 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. I are incorporated herein by this reference. 2. This Amendmem i o. 1 amends the Scope of Work as attached hereto as Exhibit"A". Agreement is her y amended to refer to Exhibit"A" of this Amendment No. 1. Pwgena,smgenda Att mmenrswWnas Anaan�, Agmts-Am 20ION-g 10 Vanlf CanSl MOn-PSAAm ndm MN nnnxm­n 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. P.VgendasWgeda AttahmentsWgenda Mta mentsftmt Amend 201pA 10 Vani'conslvtlion—PSAAm M.e No.1 bd Ag..m 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: �/�' % G' Redevelopment Agency of the City of San Bernardino, a tic ergorate and politic By: Emil Marzullo, Int-ei7rrmE3tecutive Director Approved as to Form:1 A Timothy J. Say, Agency Counsel CONSULTANT Dated: Vanir Construction Management, Inc. 290 North D Street, Suite 900 San Bernardino, CA 92401 By: Name: David R. Anderson Title: Vice President PlagentlasWOenEa A1�eCM1menlaWCentla attecmm�n�zlAnmK.amoM Jnlnvun5.ln Vun:,r..nn..i_n_.._oen n....._.___.._ ,._.._._____ .