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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Date: July 9, 2003
ORIGINAL
Subject: Resolution approving Amendment
NO.5 to Agreement with Architect Milford
Wayne Donaldson, FAIA, Inc., for bidding
assistance/construction observation for
renovation and retrofit of the San
Bernardino Santa Fe Depot.
Dept: Development Services
File: 6.7178
MCC Date: 07-21-03
Synopsis of Previous Council Action:
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.
04/07/03 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 authorizing 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.
Recommended Motion:
Adopt Resolution.
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Contact person: Michael Grubbs. Acting City Engineer Phone: 5179
Supporting data attached: Staff Report. Resolution & Ward: 1
Amendment No.5 to Agreement
FUNDING REQUIREMENTS: Amount:
$100,000.00
Source: (Acct. No.) 123-558-5504-7178
Acct. Description: Restoration of San Bernardino Santa Fe Depot
Finance:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution approving Amendment No. 5 to Agreement with Architect Milford Wayne
Donaldson, FAIA, Inc., for bidding assistance/construction observation for renovation and
retrofit of the San Bernardino Santa Fe Depot.
Backl!fOund:
On November 20, 2000, the Mayor and Common Council adopted Resolution No. 2000-327,
approving a Professional Services Agreement with Milford Wayne Donaldson, FAIA, Inc., in
an amount not to exceed $1,064,840, for preparation of final plans, specifications and estimate
for renovation and retrofit of the San Bernardino Santa Fe Depot.
Prior to completion of design, it was necessary for the City and Architect to approve three
Amendments to the Professional Services Agreement.
On May 6, 2002, Amendment NO.4 to the Professional Services Agreement was approved for
a "not to exceed" compensation to the Architect and its subconsultants for bidding
assistance/construction observation is $157,000 based on the original hourly rates audited and
approved by Caltrans at the onset of the project.
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 on September 9, 2002.
Work on the project began in November of 2002 and immediately incurred significant,
unanticipated additional costs and delays for asbestos and lead-base paint abatement and
numerous other items, which have stressed the project's construction budget. Change Orders
No. One and Two in the total amount of $699,567.00 to compensate the contractor for the
additional cost of extra work primarily consisting of asbestos abatement in areas not anticipated
in the original design. This extra work, together with a larger-than anticipated number of
Requests for Information (RFI) from the Contractor, resulted in additional involvement of the
Architect in order to resolve structural problems and to preserve the historic fabric of the
Depot building.
The Architect's existing not-to-exceed fee of $157,000, which includes its subconsultants fees,
is nearly expended and needs to be increased if the Architect and its subconsultants are to
continue to provide construction observation services for the project. Milford Wayne
Donaldson, FAIA, Inc. has advised the City that the Architect and its subconsultants cannot
continue to provide construction observation services to the Depot project after July 21, 2003,
unless an Amendment to the Architect's Professional Services Agreement is approved,
allowing additional expenditures for its services. See the attached letter from Milford Wayne
Donaldson, FAIA, Inc. dated July 9, 2003.
Based on staff's estimate, the construction is approximately 50% percent completed. City staff
has noted that the frequency and difficulty of Requests for Information (RFI) requiring the
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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
Staff Report - Continued
architect's review has decreased and that should lessen the need for construction observation
services during the remainder of the construction period. Final inspection and final reports
that will be required of the Architect near the end of the construction period, which may result
in the cost of the Architect's services during the second half of the construction period
approaching the cost incurred in the first half.
Staff believes that Milford Wayne Donaldson's, FAIA, Inc., staff and its subconsultants roles
as construction observers must be maintained for the duration of the project in order to ensure
the structural adequacy of the seismic retrofit and the historic preservation of the Depot.
Therefore, City staff is recommending approval of Amendment No. 5 to the Professional
Services Agreement with Milford Wayne Donaldson, FAIA, Inc. for construction observation
services to authorize an increase in the compensation to the Architect in the not-to-exceed
amount of $100,000. Therefore, if Amendment No.5 is approved, the total fee to Milford
Wayne Donaldson, FAIA, Inc. for construction observation services may not exceed
$257,000, unless the Architect's Professional Services Agreement is further amended. All
construction observation services provided by the Architect will be invoiced for time and
materials used, on the original hourly rates audited and approved by Caltrans at the onset of
the project.
Construction on the Santa Fe Depot project is expected to be completed in March of 2004.
Financial Imoact:
Funds in the amount of $60,000 are available for these additional services in Account No. 123-
558-5504-7178 (Restoration of San Bernardino Santa Fe Depot) leaving a shortfall of $40,000
in the estimated cost of this Amendment NO.5 to the Agreement. The source of the additional
$40,000 is anticipated from the upcoming TEA grant funding cycle in the Fall of 2003. The
City has been assured that SANBAG will place a high priority on the funding necessary to
complete the Santa Fe Depot restoration project.
Summary of A~reement Costs
6/7/99 AdaPtive Reuse Study Contract $275,000.00
11/20/00 Design Contract $1,064,840.00
Increase due to 1" Amendment (1" Change Order) - Material Testing $8,500.00
Increase due to 2"" Amendment - SANBAG/Metrolink Internal Revisions $39,100.00
Increase due to 3'" Amendment - Value Engineering Process $52,070.00
Not to exceed cost for 4th Amendment $157,000,00
Not to exceed cost for this 5th Amendment $100,000.00
Revised Contract Amount $1,696,510.00
Recommendation:
Adopt Resolution.
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RESOLlTIOl'i :'\0.
RESOLUTION OF THE CITY OF SAN BER'iARDI:'\O AUTHORIZING THE
:\IA YOR TO EXECUTE AMENDMENT NO. 5 TO THE AGREEME1\'T WITH
:\IILFORD WAYNE DONALDSON, FAIA INC. FOR BIDDING
ASSIST ANCE/CONSTRUCTION OBSER\' A TION FOR THE RE:\O\'A TI01\' AI\D
RETROFIT OF THE SAN BERt'\'ARDINO SANTA FE DEPOT.
BE IT RESOLVED BY THE MAYOR AND COl\Il\10l'\ COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. THAT THE MAYOR is authorized to execute Amendment No.5 to the
Agreement (see attached Exhibit "A" and incorporated herein) with Milford Wayne Donaldson,
FAlA Inc. for Bidding AssistancelConstruction Observation for the renovation and retrofit of the
San Bernardino Santa Fe Depot. Such Amendment No.5 shall be effective only upon being
fully executed by all parties.
SECTIOl'\ 2. This Amendment and any modifications thereto shall not take effect or
become operative until fully signed and executed by the parties and no party shall be obligated
16 hereunder until the time of such full execution. No oral agreement. amendments, modifications
or waivers are intended or authorized and shall not be implied from any act or course of conduct
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SECTION 3. This resolution is rescinded if the parties to the Amendment fail to execute
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it within sixty (60) days of the passage of this resolution.
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1 RESOLUTION OF THE CITY OF SAN BER"iARDINO Al'THORIZI:'\G THE
2 !\IA YOR TO EXECUTE AMENDMENT NO. 5 TO THE AGREEME:'\T WITH
!\lILFORD WAYNE DONALDSON, FAIA INC. FOR BIDDIl\'G
3 ASSISTANCE/CONSTRUCTION OBSERVATION FOR THE RENOVATION AJ\D
RETROFIT OF THE SAN BERNARDINO SA!'\TA FE DEPOT.
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5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and I
6 Common Council of the City of San Bernardino at a
meeting thereof, held on the _
7 day of
8
. 2003. by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
9
ESTRADA
10
11
12
13
14
LONGVILLE
MC GI!\TN1S
DERRY
SUAREZ
15 ANDERSON
16 MC CAMMACK
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City Clerk
The foregoing resolution is hereby approved this
day of
.2003.
Judith Valles, Mayor
City of San Bemardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attomey
o
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EXHIBIT "A"
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AI\1END:\IENT NO.5 TO AGREBIENT FOR PROFESSIONAL SERVICES WITH
ARCHITECT MILFORD WA YNE DONALDSON, FAIA, INC.
This AMENDMENT NO.5 is made and entered into this of 2003,
hy and between the CITY OF SAN BERNARDINO, California, a municipal corporation,
hereinafter referred to as the "CITY" and Architect Milford Wayne Donaldson, FAIA, Inc.,
hereinafter referred to as "ARCHITECT."
WITNESSETH
WHEREAS, San Bernardino City Council, on November 20, 2000, adopted
Resolution No. 2000-327 approving an Agreement for Professional Services with Architect for
preparation of plans, specification, and estimate for the San Bernardino Historic Santa Fe
Depot Renovation and Restoration project; and
WHEREAS, four Amendments to Agreement have been approved by the City
and Architect; and
WHEREAS, San Bernardino City Council, on September 9, 2002, adopted a
Resolution awarding a 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, hereinafter
referred to as PROJECT; and
. WHEREAS, Amendment No. 4 to Agreement authorized a not-to-exceed
compensation in the amount of $157,000 to the Architect and its subconsultants for bidding
assistance and construction observation: and
WHEREAS, construction of the Project is approximately 50% percent
completed: and
WHEREAS, at least 8 months of work will be needed to complete work on said
Project: and
WHEREAS, Architect has advised City that, at the current rate, its not-to-
exceed compensation approved by Amendment NO.4 in the amount of $157,000 may be
expended by July 21, 2003, and, should that occur, the Architect, together with its
subconsultants, has advised the City that, under the Architect's Practice Act, it must cease to
render construction observation services for Project at that time; and
WHEREAS, City staff concurs that retention of Architect for construction
observation services is essential to the proper historic renovation and retrofit of the Santa Fe
Depot; and
.
WHEREAS, Architect has requested an Amendment to the Agreement to cover
the cost of additional required services (See Attachment 1); and
Page 1 of 3
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EXHIBIT" A"
AME;\D:\IE;\T 1\0. 5 TO AGREEMENT FOR PROFESSI01\AL SERVICES WITH
ARCHITECT MILFORD WAYNE DONALDSON, FAIA, I1\C.
WHEREAS, paragraph 5.B. of Agreement allows adjustment to the total cost of
services when the Architect and City agree in writing that there has been. or will be. a
significant change in the scope, complexity or character of the services tobe performed; and
WHEREAS. City agrees that the requested revisions are not within the scope of
services covered in Agreement; and
WHEREAS, the proposed additional services to be performed by Architect are
described in a letter from Architect, dated July 9, 2003. identified as Attachment I,
respectively, attached hereto and made a part hereof.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Architect shall perform those additional services identified in Attachment 1.
2.
COMPENSA TION
Upon depletion of the not-to-exceed fee in the amount of $157,000, authorized
by Amendment No.4, City shall continue to compensate Architect on a time-
and-materials basis for construction observation services on an "as-needed"
basis at an estimated total additional not-to exceed cost of $100.000.
3. NO ADDITIONAL CHANGES
Except as otherwise stated in this Amendment No.5, all terms of the original
Agreement, as approved by City on November 20, 2000, and as amended in
Change Order Number One, approved by City on April 16,2001, and as amended
in Amendment Number Two, approved by City on June 18,2001, and as amended
in Amendment Number Three, approved by City on October IS, 2001, and as
amended in Amendment Number Four, approved by City on July 21, 2003, shall
remain in full force and effect.
III
III
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EXHIBIT "A"
AME:"\Dl\IENT 1\0. 5 TO AGREE:\IENT FOR PROFESSIONAL SERVICES WITH
ARCHITECT MILFORD W A Y;\E DONALDSON, FAIA, INC.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the date written above 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
Milford Wayne Donaldson, FAIA, Inc.
BY:
Signature
NAME:
TITLE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY:
Page 3 of 3
MII..FClRD WAYNE DONAUlSON
ARCHITECT
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July 9, 2003
,;. n SIXTH AV~NU~
SAN DIEGO CA 92101.1010
H1SrolllC GASl.A14r QUAIlTEIl
CITY OF SAN BERNARDlNO
300 North D Street
San Bem&rdino, CA 92411-000 I
Attention:
Mr. Mike Grubbs
Re:
San Remardinn Sana Fe ~t - Proiect # 01071
Construction Observation Additional Services Proposal
Dear Mike:
Please consider this letter ID be a formal proposal from Architect Milford Waync Donaldson, F AlA (MWD)
ID extend the ME team's Construction Observation Services for the San Bernardino Santa Fe Depot.
MWD is requcsting approval of this Additional Services Amendment in the amount of ODe RWldrecl
ThOllUJld Dollan ($100.000) 10 cover Construction Observation Scrv!ccs tnlCked on a time and materials
basis. The Additional Services amount is based on your ~r dalCd July 8, 2003. As you notod in your letter,
an additional Amendment may be needed at a future date as construction progresses.
As mentioned previously, the ME team cxpcclS to exhaust the CUI'1'eIIt budget by July 21, 2003 although the
acrual depletion date is difficult to predict. Architect MWD needs & copy of the signed Amendment or a letter
of commitment from the City of San Bernardino by July 21, 2003 because we are required under the
Architect's Practice Act to withhold services when there is no written agreement.
:!l m.. (:Tli::~ ~'" m ,,_.......... """" "'"
Milford W&4;YDJdSOn. FAIA
President
C20193
cc. Mike Wolff I City of San Bernardino
Ali Cayer, Craig Melicher, Al Pagani I Transtech
Mikc Edwards
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TFII;.P1111NF.. ("19) 2.,,,-nu F1.F.(TRnNI(' MAIL~ M~ARCHWWD.rOM FACSIMILE: (619) 2W~216
ZOOIZOO"d ,SLg# V:," NOsa~YNOa MW l~3lIH~~Y 9SZ9 ~(Z 619 Ll:Sl (OOZ,60'~nr
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.ci.san-bernardino.ca.us
July 24, 2003
Mr. Milford Donaldson
Milford Wayne Donaldson, FAIA
530 Sixth Avenue
San Diego, CA 92101-7010
Dear Mr. Donaldson:
At the Mayor and Common Council meeting of July 21, 2003, the City of San Bernardino
adopted Resolution 2003-198 - Resolution authorizing the Mayor to execute Amendment No. 5
to the agreement with Milford Wayne Donaldson, F AlA Inc., for bidding assistance/construction
observation for the renovation and retrofit of the San Bernardino Santa Fe Depot.
Enclosed is one (I) original agreement. Please sign 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 September 19, 2003.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
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II,I(lJ{t,
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
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.ci.san-bernardino.ca.us
September 5, 2003
Mr. Milford Donaldson
Milford Wayne Donaldson, FAIA
530 Sixth Avenue
San Diego, CA 92101-7010
Dear Mr. Donaldson,
At the Mayor and Common Council meeting of July 21, 2003, the City of San Bernardino
adopted Resolution 2003-198 - Resolution authorizing the Mayor to execute Amendment No.5
to the agreement with Milford Wayne Donaldson, F AlA Inc.. for bidding assistancelconstruction
observation for the renovation and retrofit of the San Bernardino Santa Fe Depot.
On July 21, 2003, one 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.
Please be advised that the resolution and agreement will be null and void if not executed
and returned to the City Clerk's Office by September 19, 2003.
If you have any questions, please do not hesitate to contact me at (909) 384-5002.
Thank you,
,/,1'(" {' ,:/ 16 '.'~
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Michelle Taylor '
Senior Secretary
CiTY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability' Respect for Human Dignity' Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 12,2003
TO:
Michael Grubbs, Acting City Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-198 - Milford Wayne Donaldson, FAIA, Inc.
CC:
Mary Freiberg, Admin. Operations Supv., Veronica Martinez, Senior Secretary
Attached is a fully executed copy of Amendment No.5 to the agreement with Milford Wayne
Donaldson, F AlA, Inc., for bidding assistance/construction observation for the renovation and
retrofit of the San Bernardino Santa Fe Depot. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ", 'Z \ -0 3
Item #
\$
Resolution # Z CD:') -- I c\ is
~
Abstain
.0-
Absent .-0-
Vote:
Ayes
/- ,)
Nays
Change to motion to amend original documents:
Reso. # On Attachments:
/
Contract term:
-
NullJVoidAfter:ioo DA1::' /ct.-1<1-03
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
By: -
'1-C':> Q;";,
Reso. Log Updated:
Seal Impressed:
/'
Date Sent to Mayor:
Date of Mayor's Signature: 'i. ) L\ -0:'"
Date ofClerklCDC Signature: ii. J'-\..(,:)
t-~/
Date Memo/Letter Sent for Signature: 1\.. )_~,0 :,
~ Reminder Letter Sen!Jll>'30th day: q -5'02::
90 Day Reminder Letter Sent on 45th day:
See Attached: L Date Returned: lZj - 1 )- Q3
See Attached: ."--
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ./ No By
Yes No ~ By
Yes No ,/ By
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Yes No ./ By
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Yes No ;' By~
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Copies Distributed to:
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City Attorney
Code Compliance Dev. Services./ EDA
Police Public Services Water
Finance ,,-
MIS
Parks & Rec.
Others:
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE IContract Term, etc,)
Ready to File: _
Date:
Revised 01/12/0 I