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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: James Funk, Director Subject: Resolution authorizing the execution of First
Amendment to Cooperative Agreement with
Dept: Development Services SANBAG; and authorization for the
Director of Finance to amend the FY
Date: March 5, 2004 2003-04 budget for the project as
indicated in the staff report; and
ORlG\NAL Authorization to Execute Change Order No.
6 to contract with Solpac, Inc. d.b.a. Soltek
Pacific for the San Bernardino Historic
Santa Fe Depot Renovation and Restoration
File No.: 6.7178 project, per Plan No. 10446.
MCC Date: March 15, 2004
Synopsis of Previons Council Action:
05121/01 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
Omnitrans 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 Pacitic 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 Chauge Order No. 4 to contract with
Solpac, Inc. d.b.a. Soltek Pacilic for the San Bernardino Historic Santa Fe Depot Renovation and Restoration
project per Plan No. 10446.
10/06/03 Authorized resolution No. 2003-275 approving Agreement with Soltek and approved CCO #5.
Recommended motion:
1. Adopt Resolution; and
2. Authorize the Director of Finance to amend the FY 2003/04 budget to increase the project budget
(123-558-5504-7178) by $160,000 and to reflect revenue reimbursement for Santa Fe Depot
Rehabilitation by the same amount as reflected in the "First Amendment to Cooperative Agreement
04-040" with SANBAG; and
3. Authorize the Director of Development Services to execute Change Order No. Six in the amount of
$143,983.00 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.~~ r-:...i
James Funk
Contact person: Michael Grubbs, Acting City Engineer
Phone: 5179
Supporting data attached: Staff Report, Reso, Agreement & CO No.6
Ward: 1
FUNDING REQUIREMENTS: Amount: $143,983.00
Source: (Acc!. No.) 123-558-5504-7178
(Acct. Description) Santa Fe Depot: Rehabilitation and Structure Retrofit
.:f /5/0,/
lip'
Finance:
\2..C:~~2-C04- 'I 0
Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution authorizing the execution of First Amendment to Cooperative Agreement with SANBAG;
and authorization for the Director of Finance to amend the FY 2003-04 budget for the project as
indicated in the staff report; and Authorization to Execute Change Order No. 6 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.
Background:
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.
Change Order Nos. I through 5 to the contract with Soltek have been previously approved for a
cumulative change order amount of $2,130,773.84.
SAN BAG has requested additional changes to the project and have submitted the attached "First
Amendment to Cooperative Agreement 04-040," which authorizes SANBAG to increase its local
contribution to the San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe
Depot Rehabilitation Project by $160,000 for a total contribution amount of $1,530,747.00. This
increased contribution will reimburse the City for the entire cost of Change Order No.6.
Attached is Change Order No.6 in the total amount of $143,983.00. This change order was requested
by SANBAG so that all the offices could be networked to the same telephone, electrical and data
system. This work was not originally contemplated by the restoration architects as being necessary at
the time of bidding the project, and therefore, the changes were not included in the original contract.
This change order, if approved, will bring the total change order amount to $2,274,756.84 or 24.47%
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.
City staff and our Consultant Construction Manager, Transtech Engineers, Inc., have reviewed the
attached change order and feel the prices are fair and reasonable for the proposed work.
Completion of the Depot will fall behind the original scheduled opening date of March 4, 2004, due to
the requirement to revise the electrical and data wiring. The work is now expected to be completed
before April 30, 2004.
Financial Impact:
The full cost of Change Order No.6 in the amount of $143,983.00 will be 100% reimbursed under
terms of the attached "First Amendment to Cooperative No. 04-040" with SANBAG. Staff cost for
contract administration and inspection for the change order will be charged to Account No. 123-558-
5504-7178.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ST AFF REPORT
Recommendation:
1. Adopt Resolution; and
2. Authorize the Director of Finance to amend the FY 2003/04 budget to increase the project budget
(123-558-5504-7178) by $160,000 and to reflect revenue reimbursement for Santa Fe Depot
Rehabilitation by the same amount as reflected in the "First Amendment to Cooperative Agreement
04-040" with SANBAG; and
3. Authorize the Director of Development Services to execute Change Order No. Six in the amount of
$143,983.00 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.
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RESOLUT~1f
RESOLUTION OF THE CITY OF SAN BER'\'ARDINO AUTHORIZIl'\G THE
EXECUTION OF FIRST AMENDMENT TO COOPERA TIVE AGREEMEl'\T
BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDIl'\O
ASSOCIATED GOVERNMENTS (SANBAG) FOR THE SAN BER'\IARDINO
METRO LINK COMMUTER RAIL STATION Al'\D THE SAN BERNARDINO SANTA
FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04-040.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City First Amendment to Cooperative Agreement with
San Bernardino Associated Governments (SANBAG) for the San Bernardino Metrolink
12 Commuter Rail Station and the San Bernardino Santa Fe Depot Rehabilitation Project, Contract
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No. 04-040. A copy of said First Amendment to Cooperative Agreement is attached as Exhibit
"A", and is made a part hereof.
SECTION 2. The authorization to execute the above First Amendment to Cooperative
17 Agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days
18 of the passage of this resolution.
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RESOLUTION "." ,AUTHORIZING THE EXECUTION OF FIRST
AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF SA!\'
BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS
(SANBAG) FOR THE SAN BERNARDINO METRO LINK COMMUTER RAIL
STATION AND THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION
PROJECT, CONTRACT NO. 04-040.
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
7
on the _ day of
8
, 2004, by the following vote, to wit:
9 Council Members:
AYES
NAYS
ABSTAIN ABSENT
10 ESTRADA
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12
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15 KELLEY
LONGVILLE
MC GINN IS
DERRY
16 JOHNSON
17 MC CAMMACK
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21
City Clerk
day of
The foregoing resolution is hereby approved this
2004.
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24
Judith Valles, Mayor
City of San Bernardino
25 Approved as to
26 form and legal content:
27 JAMES F. PENMAN,
City Attorney
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By: ~ t. fe-v,~
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EXHIBIT "A"
First Amendment to Cooperative A2reement 04-040
THIS FIRST AMENDMENT TO COOPERATIVE AGREEMENT No. 04-040 is
hereby made and entered into and effective on the 3rd day of March, 2004, by and
between the SAN BERNARDINO ASSOCIATED GOVERNMENTS ("SANBAG") and
the CITY OF SAN BERNARDINO ("the CITY").
WHEREAS, the CITY and SANBAG entered into a Cooperative Agreement,
SANBAG Contract 04-040, dated December 3, 2003, with regard to the San Bernardino
Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot; and
WHEREAS, Paragraph 7.02 Funding for the Depot Rehabilitation recites
financial responsibilities of the CITY and SANBAG and references the amounts In
Exhibit "G" as being the local financial contributions from each party; and
WHEREAS, the CITY and SANBAG desire to amend the Agreement to increase
the SANBAG financial contribution to the San Bernardino Santa Fe Depot rehabilitation
project in order to pay for tenant improvements required for SANBAG occupancy.
NOW, THEREFORE, it is agreed that the Agreement is amended as set forth
below.
I. The parties agree that Exhibit "G" is hereby amended as attached to increase the
SANBAG local contribution by $160,000 for a new total of$I,530,747.
2. All other provisions of Agreement 04-040, which are not altered by this
amendment, shall remain in full force and effect.
SAN BERNARDINO ASSOCIATED
GOVERNMENTS /,_
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"J.
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,,(4~y' '
WilliamJ.
President
CITY OF SAN BERNARDINO
By
Judith Valles
Mayor
APPROVED AS TO FORM:
APPROVED AS TO FROM:
~~- ~ aL
-Rene Basle
SANBAG Counsel
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Dated:
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Dated:
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.cLsan-bernardino.ca.us
SM
March 19,2004
William Alexander, President
San Bernardino Associated Governments
472 N. Arrowhead Avenue
San Bernardino, CA 92401
Dear Mr. Alexander,
Enclosed, please find one fully executed First Amendment to Cooperative Agreement No. 04-040
for the San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot
Rehabilitation Project.
If you have any questions, please do not hesitate to call me at (909)384-5002.
Sincerely,
I, /(
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Acconntability . Respect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 22, 2004
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-70 - San Bernardino Associated Governments
CC:
Attached is a fully executed First Amendment to Cooperative Agreement No. 04-040 for the San
Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot
Rehabilitation Proj ect. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.