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HomeMy WebLinkAboutR24-Economic Development Agency C J CITY OF SAN BERNARDINO ORIGINAL ECONOMIC DEVELOPMENT AGENCY FROM: Emil A.Marzullo SUBJECT: AECOM - Agreement for Professional Services Interim Executive Director for Landscape and Lighting Design Services for Theater Square (Central City North Redevelopment Project Area) DATE: April 19,2011 ----------------------------------------------- ---------------- Synonsis of Previous Commission/Council/Committee Action(s): On April 7,2011, Redevelopment Committee Members Johnson, Marquez, and Brinker unanimously voted to recommend that the Community Development Commission consider this action for approval. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 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 an Agreement for Professional Services by and between the Agency and AECOM for Landscape and Lighting Design Services for Theater Square(Central City North Redevelopment Project Area) Contact Person(s): Kathleen Robles Phone: (909)663-1044 Project Area(s): Central City North Ward(s): 1 St Supporting Data Attached: 0 Staff Report R1 Resolution(s)El Agreement(s)/Contract(s)❑Map(s)❑Letter(s) FUNDING REQUIREMENTS: Amount: $ $135,110 Source: Tax Increment Budget Authority: Fiscal Year 2010-2011 Budget Signature: Fiscal Review: E llo,1144W Executi46 Director Lori P mo- ille ,lnteyKhief Financial Officer -------------------------------- ------------------- -------------------- -------------------------------------------------------------------------------------------------------------- Commission/Council Notes: es Cpn Je2p// —4- ---------------------- — ------------------------------------------------------ - ----------------------- - -- -- P:Wgendas\Comm Dev Commission\CDC 2011\05-02-11 AECOM PSA CDC SR.docx COMMISSION MEETING AGENDA Meeting Date: 05/02/2011 Agenda Item Number: t Y ECONOMIC DEVELOPMENT AGENCY STAFF REPORT AECOM -AGREEMENT FOR PROFESSIONAL SERVICES FOR LANDSCAPE AND LIGHTING DESIGN SERVICES FOR THEATER SQUARE (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) BACKGROUND: The Redevelopment Agency of the City of San Bernardino (the "Agency") is in the design/construction phase of its Downtown Theater Square project. Theater Square is the Agency's first step in revitalizing the downtown area at this time. It is bounded on the north by 5th Street, on the south by 4th Street, on the west by "F" Street, and on the east by "E" Street. Theater Square currently includes the California Theatre of the Performing Arts, the multiplex cinema (the "Cinema"), parking lots, office buildings (both occupied and vacant), and vacant land. The Agency currently owns the majority of the parcels that comprise the Theater Square block. See Exhibit"A" for map of Theater Square. One of the Agency's first steps is to design and construct an access road and pedestrian walkway in front of the presently vacant Cinema facility. On January 21, 2011, the Agency released a Request for Proposal ("RFP") to requested architectural/planning/engineering services to design a site plan for the vacant Cinema property located at 450 North "E" Street, San Bernardino. The site plan project (the "Project") was to address the design of ingress and egress to the Cinema parcel, signage, mitigation of the Cinema building's encroachment within the "E" Street right-of-way, improvement plans and site design plans, landscaping, future restaurant/retail pads, utility separation from the Cinema to the public area, and coordination with other Agency consultants. One of the main qualifications that the Proposer needed to meet was that they had worked on a"signature theater" in Southern California. Having released the RFP, six (6) firms responded by the submittal deadline of February 11, 2011. After reviewing the submitted proposals, the selection committee determined that each proposal lacked the required "signature theater" experience, did not understand the scope of services requested, and/or their completion schedule extended into 2012. Therefore, on February 17, 2011, Addendum No. 1 was issued to reduce the scope of services to reflect the Agency's immediate needs which were the engineering/design of the ingress and egress to the Cinema parcel, mitigation of the Cinema building's encroachment within the "E" Street right-of-way, minimal landscaping, and utility separation from the Cinema to the public area. Proposals to the RFP and Addendum No.I were received from: PROPOSER CITY/STATE AECOM Technical Services, Inc. Los Angeles, CA D. M. Bergerson, Inc Lake Forest, CA Ludwig Engineering, Inc. San Bernardino, CA City Design Studio LLC Highlands Ranch, CO Transtech Engineers, Inc. San Bernardino, CA Vanir Construction Management, Inc. San Bernardino, CA ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---- P:\Agendas\Comm Dev Commission\CDC 2011\05-02-11 AECOM PSA CDC SR.docx COMMISSION MEETING AGENDA Meeting Date: 05/02/2011 Agenda Item Number: W T T [ Economic Development Agency Staff Report AECOM—Agreement for Professional Services Page 2 On February 24, 2011, six (6) responses were submitted from those firms who received Addendum No. 1. After reviewing the six responses, the selection committee determined again, that none of the proposals was strong enough in all areas necessary to perform the scope of services; however, three (3) firms individually excelled in design/engineering, construction management, or landscape architecture. Based on selection committee recommendation, on March 10, 2011, the Redevelopment Committee of the City of San Bernardino (the "Committee") recommended to the Community Development Commission of the City of San Bernardino ("Commission") acceptance of Staffs recommendation for the selection of three (3) engineering firms for the services needed for the Theater Square property: Ludwig Engineering, Inc., with a local office in San Bernardino, to perform the architectural and engineering design services for Theater Square; Vanir Construction Management, Inc. ("Vanir"), with a local office in San Bernardino, to perform the construction management services for Theater Square; and AECOM Technical Services, Inc., with an office in Los Angeles, to prepare the landscaping/lighting plan for the access road/pedestrian walkway for Theater Square since they are already preparing the Streetscape design for the Downtown Core Vision Plan. On March 21, 2011, the Commission adopted a Resolution approving and authorizing the Interim Executive Director of the Agency to execute an Agreement for Professional Services by and between the Agency and Ludwig Engineering, Inc., for architectural and engineering design services for Theater Square. CURRENT ISSUE: Based on the results of the RFP process, selection committee recommendations, and subsequent approvals of the Committee and the Commission, negotiations were completed with AECOM for a Professional Services Agreement for landscape and lighting design services for Theater Square. ENVIRONMENTAL IMPACT: None. This activity does not meet the definition of a "Project" under Section 15378 of the California Environmental Quality Act ("CEQA"), which states that a "project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Prior to the commencement of construction of the Theater Square infrastructure, the Agency will obtain the environmental clearance necessary to proceed with said construction. FISCAL IMPACT: There will be no impact to the General Fund. The cost for the AECOM Agreement for landscape and lighting design services is $135,110. This Agreement is funded through tax increment as provided for in the Fiscal Year 2010/2011 budget. ----------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------- P:\Agendas\CommDev Commission\CDC 2011\05-02-11 AECOM PSA CDC SR.docx COMMISSION MEETING AGENDA Meeting Date: 05/02/2011 Agenda Item Number: AV Economic Development Agency Staff Report AECOM—Agreement for Professional Services Page 3 RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. Emil ar lo,Int i xecut a Director ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- P:Wgendas\Comm Dev Commission\CDC 2011\05-oz-11 AECDM rsn CDC SR.docx COMMISSION MEETING AGENDA Meeting Date: 05/02/2011 Agenda Item Number: �� 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION 3 OF THE CITY OF SAN BERNARDINO APPROVING AND 4 AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 5 ("AGENCY") TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE AGENCY AND AECOM FOR 6 LANDSCAPE AND LIGHTING DESIGN SERVICES FOR THEATER 7 SQUARE (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a 10 public body, corporate and politic existing under the laws of the State of California, California 11 Community Redevelopment Law, Health and Safety Code Section 33000, et seq. (the "CRL"), and 12 is charged with the mission of redeveloping blighted and underutilized land; and 13 WHEREAS, the Community Development Commission of the City of San Bernardino (the 14 "Commission") is the governing body for the Agency; and 15 WHEREAS, the Agency's first steps in the revitalization of its Downtown is the 16 implementation of its plan for Theater Square which is bounded on the north by 5th Street, on the 17 south by 4th Street, on the west by"F" Street, and on the east by"E" Street; and 18 WHEREAS, in January 2011, the Agency Staff released a Request for Proposal ("RFP") for 19 architectural and engineering design services to design a site plan for the vacant multiplex cinema 20 located at 450 North"E" Street(the Site"); and 21 WHEREAS, on April 7, 2011, Agency Staff recommended to the Redevelopment 22 Committee that the agreement for professional services ("Agreement") be entered into with 23 AECOM ("Consultant"), to perform landscape and lighting design services for the access 24 road/pedestrian walkway needs of the Site; and 25 WHEREAS, the Agency Staff recommends to the Commission approval and authorization 26 for the Interim Executive Director of the Agency to sign said Agreement in the amount of$135,110, 27 attached hereto as Exhibit"A." 28 1 P:Wgendas\Resolutions\Resolutions\2011\05-02-11 AECOM-PSA CDC Reso.docx 1 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 3 FOLLOWS: 4 Section 1. The information set forth in the above recitals of this Resolution is true and 5 correct. 6 Section 2. The Commission hereby approves and hereby authorizes the Interim Execute 7 Director of the Agency to execute the Agreement with the Consultant, on behalf of the Agency 8 together with such technical and conforming changes as may be recommended by the Interim 9 Executive Director and approved by the Agency Counsel and the City Attorney. The Interim 10 Executive Director of the Agency or such other designated representative of the Agency is further 11 authorized to do any and all things and take any and all actions as may be deemed necessary or 12 advisable to effectuate the purposes of the Agreement, including making non-substantive 13 modifications to the Agreement. 14 Section 3. This Resolution shall take effect from and after its date of adoption by this 15 Commission. 16 17 18 19 20 21 22 23 24 25 (W 26 27 28 2 P:\Agendas\Resolutions\Resolutions\2011\05-02-11 AECOM-PSA CDC Reso.docx 01 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND 2 AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 ("AGENCY") TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE AGENCY AND AECOM FOR 4 LANDSCAPE AND LIGHTING DESIGN SERVICES FOR THEATER 5 SQUARE (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a 9 meeting thereof, held on the day of , 2011, by the following vote to wit: 10 Commission Members: Ayes Nays Abstain Absent 11 MARQUEZ VACANT 12 13 BRINKER SHORETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK I17 18 Secretary 19 20 The foregoing Resolution is hereby approved this day of , 2011. 21 22 Patrick J. Morris, Chairperson 23 Community Development Commission 24 of the City of San Bernardino Approved as to Form: 25 �* 26 By: Agency—col6el 27 28 3 P:\Agendas\Resolutions\Resolutions\2011\05-02-11 AECOM-PSA CDC Reso.docx GG �� EXHIBIT A REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGREEMENT FOR PROFESSIONAL SERVICES AECOM This AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement") is made and entered into as of , 2011 by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the "Agency"), a public body, corporate and politic, and AECOM (the "Consultant"). NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: v4w 1. SUPERVISION OF CONSULTANT. The Agency Staff designated in Exhibit "A" shall be responsible for the direction of any work to be performed by the Consultant and any other consultants or sub-consultants to the Agency under this Agreement. The Consultant shall not undertake any work under the terms of this Agreement, unless instructed to do so by one of the designated staff members. No other staff member is authorized by the Agency to request services from the Consultant. 2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date first appearing in this Agreement and will terminate upon the completion of the services described in the Scope of Services as referenced in Section 3, unless earlier terminated as provided in this Agreement. The Agency reserves the right through the actions of the Interim Executive Director to terminate this Agreement at anytime either with or without cause and at the sole convenience of the Agency upon delivery of notice of termination to the Consultant; provided, however, that upon the effective date of any such termination, the Agency shall be responsible to pay and/or reimburse the Consultant for all services, materials and supplies as may have been furnished to the Agency in accordance with the Scope of Services as referenced in Section 3. 3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to provide the professional consulting services set forth in the Scope of Services attached hereto as Exhibit "B" and incorporated herein by this reference. The Consultant hereby agrees to perform the work set forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant shall perform the services as set forth on said Scope of Services within the time periods to be identified by the appropriate Agency representative. 1 P:Agendas\Agenda Attachments\Exhibits\201 1\05-02-11 AECOM-Exhibit A to CDC Reso.docx 4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT. A. The Agency shall compensate the Consultant in an aggregate amount not to exceed $135,110 for completion of the services described in the Scope of Services set forth in Exhibit"B," billed monthly to the Agency on a time and materials basis for the services as actually rendered for each monthly period not to exceed in the aggregate the Total Fee for the performance of the work and the delivery of the final work product. B. The compensation designated in subsection 4. A. shall be the Total Fee for the performance of the work and the delivery of the final work product materials, as set forth in the Scope of Services. The Total Fee shall include, but not be limited to, the salaries of all sub-consultants retained by the Consultant and all employees of the Consultant to perform work pursuant to this Agreement and shall be inclusive of all costs and expenses incurred for mileage,travel, graphics,telephone,printing, fax transmission,postage, copies and such other expenses related to completion of the work set forth in the Scope of Services. C. The Consultant shall invoice the Agency for work performed by the Consultant under this Agreement each calendar month during the term of this Agreement. D. The Consultant shall submit invoices under this Agreement to: Redevelopment Agency of the City of San Bernardino Attention: Kathleen Robles, Project Manager 201 North"E" Street, Suite 301 San Bernardino, California 92401 E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant incurred in performance of the Scope of Services, during the period of time for which the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of the Consultant and any individual sub-consultants utilized by the Consultant, during the time period covered by the invoice, a description of the professional services rendered on a daily basis by each named individual during such time period, the respective hourly rates of each named individual and the actual time expended by each named individual. Each invoice of the Consultant shall be accompanied by copies of all third party invoices for other direct costs incurred and paid by the Consultant during such time period. The Agency shall pay all amounts set forth on the invoices of the Consultant and approved by the authorized Agency Staff personnel who requested the services, within thirty(30)days after such approval. 5. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other I records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the Consultant and available to the Agency for examination and for purposes of performing an audit for a period of five (5) years from the date of expiration or termination of this Agreement or for a longer period, as required by law. Such records shall be available to the Agency and to appropriate county, state or federal agencies and officials for inspection during the regular business hours of the Consultant. If the Consultant does not maintain regular business hours, then such records shall be available for inspection between the hours of 9 a.m. and 4 p.m. Monday 2 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\05-02-11 AECOM-Agreement for Professional Services.docx 4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT. A. The Agency shall compensate the Consultant in an aggregate amo not to exceed $110,690 for completion of the services described in the Scope of rvices set forth in Exhibit "B," billed monthly to the Agency on a time and materials sis for the services as actually rendered for each monthly period not to exceed in the a regate the Total Fee for the performance of the work and the delivery of the final work roduct. B. The compensation designated in subsection 4. A. s all be the Total Fee for the performance of the work and the delivery of the final ork product materials, as set forth in the Scope of Services. The Total Fee shall includ , but not be limited to, the salaries of all sub-consultants retained by the Consultant d all employees of the Consultant to perform work pursuant to this Agreement and s all be inclusive of all costs and expenses incurred for mileage, travel, graphics, telepho , printing, fax transmission, postage, copies and such other expenses related to compl ion of the work set forth in the Scope of Services. C. The Consultant shall invoice the Agen for work performed by the Consultant under this Agreement each calendar month duri the term of this Agreement. D. The Consultant shall submit invoi s under this Agreement to: Redevelopment Age cy of the City of San Bernardino Attention: Kathlee Robles, Project Manager 201 North`E Stj cet, Suite 301 San Bernardino, alifomia 92401 E. Each invoice of the Co ultant shall set forth the time and expenses of the Consultant incurred in performanc of the Scope of Services, during the period of time for which the invoice is issued. Eac invoice of the Consultant shall clearly set forth the names of the individual personnel f the Consultant and any individual sub-consultants utilized by the Consultant, during t time period covered by the invoice, a description of the professional services rendered o a daily basis by each named individual during such time period, the respective hourly ates of each named individual and the actual time expended by each named individual Each invoice of the Consultant shall be accompanied by copies of all third party invoi es for other direct costs incurred and paid by the Consultant during such time period. T Agency shall pay all amounts set forth on the invoices of the Consultant and approved b the authorized Agency Staff personnel who requested the services, within thirty(30) day after such approval. 5. RECORDS RETEN ION. Records, maps, field notes and supporting documents and all other records pertaining t the use of funds paid to the Consultant hereunder shall be retained by the Consultant and avai able to the Agency for examination and for purposes of performing an audit for a period of five 5) years from the date of expiration or termination of this Agreement or for a longer period, as equired by law. Such records shall be available to the Agency and to appropriate county state or federal agencies and officials for inspection during the regular business hours of tf e Consultant. If the Consultant does not maintain regular business hours, then such records shall e available for inspection between the hours of 9 a.m. and 4 p.m. Monday 2 PAAgendas\Agenda Attachments\Exhibits\2011\05-02-11 AECOM-Exhibit A to CDC Reso.docx through Friday, excluding federal and state government holidays. In the event of litigation or an audit relating to this Agreement or funds paid to the Consultant by the Agency under this Agreement, such records shall be retained by the Consultant until all such litigation or audit has been resolved. 6. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the Agency, its officers, employees, representatives, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees, for injury or damage of any type claimed as a result of the negligent acts or omissions of the Consultant, its officers, employees, sub-consultants and agents, to the extent arising from or related to negligent performance by the Consultant of the work required under this Agreement. 7. INSURANCE. The Consultant shall maintain insurance, as set forth in Exhibit "C" to this Agreement, throughout the term of this Agreement. The Consultant shall remain liable to the Agency pursuant to Section 6. above to the extent the Consultant is not covered by applicable insurance for all losses and damages incurred by the Agency that are caused directly or indirectly through the actions or inactions, willful misconduct or negligence of the Consultant in the performance of the duties incurred by the Consultant pursuant to this Agreement. 8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND INFORMATION. All maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents generated by or on behalf of the Consultant for performance of the work (collectively, the "Work Products") set forth in the Scope of Services shall upon payment for those services embodying the particular element of the Work Products, become the sole property of the Agency, and the Work Products shall thereafter be delivered to the Agency upon written request from the Agency to the Consultant. The Consultant shall not make use of any maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and other materials whether for marketing purposes or for use with other clients when such have become the property of the Agency without the prior express written consent of the Agency except to the extent that such maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents are readily available to the general public as public records pursuant to State law; provided, however, that the Consultant may retain copies of any such items for their business records. The Consultant shall execute, acknowledge and perform any and all acts which shall be reasonably required in order for the Agency to establish unequivocal ownership of the maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and record, register and procure an issuance in or to the Agency's rights, title and/or interest. Any reuse without written verification or adaptation by the Consultant for the specific purpose intended will be at the Agency's sole risk and without liability or legal exposure to the Consultant. 3 PAAgendas\Agenda Attachments\EXhibits\2011\05-02-11 AECOM-Exhibit A to CDC Reso.docx 9. PRESS RELEASES. Press or news releases, including photographs or public announcements, or confirmation of the same related to the work to be performed by the Consultant under this Agreement shall only be made by the Consultant with the prior written consent of the Agency. 10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall keep confidential all reports, survey notes and observations, information, and data acquired or generated in performance of the work set forth. in the Scope of Services, which the Agency designates confidential. None of such designated confidential materials or information may be made available to any person or entity, public or private, without the prior written consent of the Agency. 11. DEFAULT AND REMEDIES. A. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within seven (7) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties under this Agreement are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. D. In the event that a default of any party to this Agreement may remain uncured for more than seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. 12. TERMINATION. A. This Agreement may be terminated by either party for any reason by giving the other party fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant for all work authorized by the Agency and completed, prior to the effective termination date. B. In the event of a termination of this Agreement under this Section 12, the Consultant shall provide all documents, notes, maps, reports, data or other work product developed in 4 PAAgendas\Agenda Attachments\Exhibits\2011\05-02-11 AECOM-Exhibit A to CDC Reso.docx performance of the Scope of Services of this Agreement to the Agency, within ten (10) Now., calendar days of such termination and without additional charge to the Agency. 13. NOTICES. All notices given hereunder shall be in writing. Notices shall be presented in person or by certified or registered United States Mail, return receipt requested, postage prepaid or by overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice presented by United States Mail shall be deemed effective on the third business day following the deposit of such Notice with the United States Postal Service. This Section 13 shall not prevent the parties hereto from giving notice by personal service or telephonically verified fax transmission, which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by notifying the other party in writing of a new address for delivering notice to such party. CONSULTANT: AECOM Attention: Vaughan Davies 515 South Flower Street Ninth Floor Los Angeles, CA 90071 AGENCY: Redevelopment Agency of the City of San Bernardino Attention: Emil A. Marzullo, Interim Executive Director 201 North"E" Street, Suite 301 t San Bernardino, California 92401 14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the work to be performed by the Consultant under this Agreement. The Consultant shall maintain all necessary licenses, including a City of San Bernardino Business License, and registrations for the lawful performance of the work required of the Consultant under this Agreement. 15. NONDISCRIMINATION. The Consultant shall not discriminate against any person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the performance of the Scope of Services of this Agreement. Without limitation, the Consultant hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status of national origin. Further, the Consultant shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal, state and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading and promotion. In addition, the Consultant shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap or religion in compliance with State and Federal laws. 16. CONSULTANT AND EACH SUB-CONSULTANT ARE INDEPENDENT CONTRACTORS. The Consultant shall at all times during the performance of any work described in the Scope of Services be deemed to be an independent contractor. Neither the Consultant nor any of its sub- consultants shall at any time or in any manner represent that it or any of its employees are employees of the Agency or any member agency of the Agency. The Agency shall not be requested or ordered to assume any liability or expense for the direct payment of any salary, wage 5 PAAgendas\Agenda Attachments\Exhibits\2011\05-02-1 t AECOM-Exhibit A to CDC Reso.docx or benefit to any person employed by the Consultant or its sub-consultants to perform any item of work described in the Scope of Services. The Consultant is entirely responsible for the immediate payment of all sub-consultant liens. 17. SEVERABILITY. Each and every section of this Agreement shall be construed as a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. This Agreement supersedes all prior negotiation, discussions and agreements between the parties concerning the subject matters covered herein. The parties intend this Agreement to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms. 19. AMENDMENT OR MODIFICATION. This Agreement may only be modified or amended by written instrument duly approved and executed by each of the parties hereto. Any such modification or amendment shall be valid, binding and legally enforceable only if in written form and executed by each of the parties hereto, following all necessary approvals and authorizations for such execution. 20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action arising from or related to this Agreement shall be brought in the Superior Court of the State of California in and for the County of San Bernardino. 21.NON-WAIVER. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Agreement. 22. ASSIGNMENT. This Agreement may not be assigned by the Consultant without the prior written consent of the Agency. 23. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent. 24. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one (1) or more counterparts, each of which will constitute an original. 25. EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement shall not be binding on the Agency until signed by an authorized representative of the Consultant, approved by the government board of the Agency and executed by the Interim Executive Director or his designee. 6 P:\Agendas\Agenda Attachments\Exhibits\2011\05-02-11 AECOM-Exhibit A to CDC Reso.docx 26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests adverse to the Agency or the City at the time of execution of this Agreement except as previously disclosed to the Agency Staff and in particular with respect to other work being performed by the Consultant for The Consultant hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any agreement or acquire any interests detrimental or adverse to the Agency or the City. Additionally, the Consultant hereby represents and warrants to the Agency that the Consultant and any partnerships, individual persons or any other party or parties comprising the Consultant, together with each sub-consultant who may hereafter be designated to perform services pursuant to this Agreement, do not have and, during the term of this Agreement, shall not acquire any property ownership interest, business interests, professional employment relationships, contractual relationships of any nature or any other financial arrangements relating to the Agency, property over which the Agency has jurisdiction or any members or staff of the Agency that have not been previously disclosed in writing to the Agency, and that any such property ownership interests, business interests, professional employment relationships, contractual relationships or any nature or any other financial arrangements will not adversely affect the ability of the Consultant to perform the services to the Agency as set forth in this Agreement. 27. NON-EXCLUSIVITY. This Agreement shall not create an exclusive relationship between the Agency and the Consultant for the services set forth in Exhibit "B" or any similar or related services. The Agency may, during the term of this Agreement, Agreement with other consultants for the performance of the same, similar or related services as those that may be performed by the Consultant under this Agreement. The Agency reserves the discretion and the right to determine the amount of services to be performed by the Consultant for the Agency under this Agreement, including not requesting any services at all. This Agreement only sets forth the terms upon which any such services will be provided to the Agency by the Consultant, if such services are requested by the Agency, as set forth in this Agreement. 28. CONSEQUENTIAL DAMAGES & LIMITATION OF LIABILITY. The Agency and Consultant agree that except as otherwise provided in this Section 28, in no event will either be liable to the other under this Agreement for any damages including but not limited to, special damages, loss of revenue, loss of profit, operating costs or business interruption losses, regardless of cause, including breach of Agreement, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section 28 shall apply regardless of fault, breach of Agreement, tort, strict liability or otherwise of the Consultant and the Agency, their employees or sub-consultants. 29. BUSINESS REGISTRATION CERTIFICATE. The Consultant warrants that it possesses, or shall obtain immediately after the execution and delivery of this Agreement, and maintain during the period of time that this Agreement is in effect, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, together with any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to be maintained by the Consultant to conduct its business activities within the City. 7 P:\Agendas\AgendaAttachments\Exhibits\2011\05-02-11 AECOM-Exhibit A to CDC Reso.docx IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated next to the authorized signatures of the officers of each of them as appear below. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Dated: By: NOT FOR SIGNATURE Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: NOT FOR SIGNATURE 44aw, Agency Counsel CONSULTANT AECOM By: NOT FOR SIGNATURE Name: Dated: Title: i C 8 PAAgendas\Agenda Attachments\Exhibits\2011\05-02-11 AECOM-Exhibit A to CDC Reso.doex NOW EXHIBIT "A" SUPERVISORY STAFF PERSONNEL Agency Staff- Emil Marzullo, Interim Executive Director Kathleen Robles, Project Manager �I I 9 PAAgendas\Agenda Attachments\Exhibits\2011\05-02-11 AECOM-Exhibit A to CDC Reso.docx EXHIBIT "B" SCOPE OF SERVICES 10 P:\Agendas\Agenda Attachments\Exhibits\2011\05-02-11 AECOM-Exhibit A to CDC Reso.docx ASOWAECOM 213.593.7700 tel 515 South Flower Street 213.593.7715 fax Ninth Floor Los Angeles,CA 90071 www.aecom.com I April 7, 2011 Kathleen Robles Project Manager City of San Bernardino Economic Development Agency 201 North "E"Street, Suite 301 San Bernardino, CA 92401 Re: Request for Proposals for Architectural and Engineering Services for Theater Square (Addendum #1, Revision 3) Dear Ms. Robles, We are pleased to present a revised proposal for Theater Square (Phase 1) based on Addendum #1 issued on February 17th, 2011 as well as subsequent conversations with you and the EDA team. We lookforward to delivering on the promise of the San Bernardino Downtown Core Vision &Action Plan. Yours sincerely, S Eric Wilson, LEED-AP Vaughan Davies, ISAA Vice President/Principal Principal/Director of Urban Design eric.wilson @aecom.com vaughan.davies @aecom.com 1 a=COM SCOPE OF WORK Project Scope of Services: AECOM will provide landscape and urban design services for Theater Square consisting of Preliminary Design,Construction Documents, Bidding Assistance,and Construction Administration for hardscape, site lighting, planting, and irrigation, as well as associated cost estimating. Ludwig Engineering, under contract with EDA, will provide civil, structural, mechanical, electrical, and plumbing engineering services.Vanir, also under contract with EDA, will provide construction management services. The project will be constructed in two phases.The Phase 1 scope(contained in this proposal) includes material selections for the vehicular access through the site with access from E Street and 4th Street,and pedestrian access to the cinema from the western parking lot,as well as the"forecourt"in front of the cinema entrance. Phase 2(detailed scope and fee to be developed at a later date)will consist of the reaminder of Theater Square not designed in Phase 1, including access to future retail pads, pedestrain gathering spaces,and proposed water features. The AECOM Design Team for Phase 1 includes the following sub-consultants: 1. Lighting Design Alliance—Site Lighting 2. Brinkerhoff and Associates— Irrigation Design TASK 1 PRELIMINARY DESIGN i Provide Preliminary Design services for Theater Square for landscape design and lighting j design for the access road and pedestrian walkways. A. KICK-OFF MEETING—attend a Kick-Off Meeting with the Client and other appropriate members of the Design Team to establish program criteria, schedule, milestone dates and the construction budget for the site improvements.One(1) meeting anticipated in San Bernardino. B. SITE RECONNAISSANCE—visit the site to observe and photograph existing conditions and the surrounding context. C. EXISTING TREE INVENTORY—assess and document all salvageable trees.The inventory will locate and describe each worthwhile tree, identifying it with a number and noting its height, spread, caliper and special comments. D. SCHEMATIC SITE PLAN — prepare a Schematic Site Plan that indicates various master plan elements including pedestrian circulation, parking area treatments, hardscape, landscape plant palette, site lighting,and site furnishings. This site plan will be developed concurrently with the preliminary engineering effort and be 2 THEATER SQUARE&DOWNTOWN STREETSCAPE April 7,2011 A=COM used in guiding all design decisions and material selections for Phase 1, as well as the future Phase 2. E. PLANT PALETTE— provide color photographic images of the proposed trees, shrubs and ground covers. F. SITE LIGHTING CONCEPT—develop preliminary lighting design solutions for the Phase 1 improvements and submit concept sketches for review and comment. Preliminary package will include lighting layouts, generic fixture symbols and descriptions,sketches to illustrate concepts, custom fixtures and lighting control concepts. G. OPINION OF PROBABLE CONSTRUCTION COSTS— prepare an Opinion of Probable Construction Costs based upon the Preliminary Design Plan Package. H. CLIENT REVIEW MEETING—attend design review meetings with the Client and other appropriate members of the Design Team to present the Preliminary Design and resolve outstanding design issues. Maximum of one(1) meeting in San Bernardino. I. CONSULTANT COORDINATION — provide coordination by phone or email with the work of other Consultants. J. DESIGN REFINEMENT— based upon review meeting comments and the direction of the Client and AECOM's internal review, refine the Preliminary Design. Maximum of one(1) minor design refinement. K. FINAL PRESENTATION MEETING — present the final Preliminary Design Plan Package to the Client and establish approval for transition into Construction Documents. One (1) meeting in San Bernardino. L. CLIENT SUBMITTAL—submit the final Preliminary Design Plan Package to the Client for approval. Anticipated Phase Duration: 4 weeks (not including Client review time) Anticipated Base Scale: Diagrams 1" = 20' Schematic Site Plan 1" = 20' Anticipated Sheet Size: 24"x 36"and/or 11"x17" Anticipated Deliverables: • Existing Tree Inventory • Schematic Site Plan (freehand drawn and rendered) • Plant Palette(color photographic images) Site Lighting Concepts 3 THEATER SQUARE&DOWNTOWN STREETSCAPE April 7,2011 AEE • Opinion of Probable Construction Costs • Preliminary Site Plan Submittal Package TASK 2 60% CONSTRUCTION DOCUMENTS Based upon the Client-approved Preliminary Design Package, refine the Preliminary Design to a 60%Construction Document level. A. CONSTRUCTION PLANS— prepare 60%Construction Plans that indicate layout, materials,finishes and colors of project elements including the access road, reconfiguration of the cinema at E Street, and pedestrian hardscape treatments. Prepare 60%Construction Details of hardscape elements based upon the 60% Construction Plans. B. SITE LIGHTING PLANS—prepare Lighting Plans that include roadway lights, bollards,tree uplights,and accent lights. Provide technical specifications for all standard lighting fixtures and performance specifications for incorporation into the Construction Documents. Prepare a complete lighting system specification in draft form with details of all standard lighting elements,which will be included as an integral section in the Electrical Engineer's specifications. C. PLANTING PLANS& DETAILS— prepare plans that indicate plant species,sizes, quantities and locations. Prepare associated planting details. D. IRRIGATION PLANS& DETAILS— prepare an Irrigation Master Plan that includes the points of connection locations,water meter sizes, power drop locations, approximate number of irrigation controllers and sizes, mainline routing, pipe sleeve locations,sizes and quantities,calculations to determine whether or not pumps will be required and indicate locations, required notes,and other pertinent information as required for city comment and review. E. OPINION OF PROBABLE CONSTRUCTION COSTS— update the Opinion of Probable Construction Costs based upon the 60%Construction Document Package. F. CLIENT REVIEW MEETINGS—attend design review meetings with the Client and other appropriate members of the Design Team to resolve outstanding design issues that affect the progress of AECOM's work. Maximum of two(2) meetings in San Bernardino. G. CONSULTANT COORDINATION — provide coordination with the work of other Consultants. H. FINAL SUBMITTALTO CLIENT—submit the final 60%Construction Documents Package to the Client. 4 THEATER SQUARE&DOWNTOWN STREETSCAPE April 7,2011 A: M Anticipated Phase Duration: 4 Weeks(not including Client review time) Anticipated Base Scale: 1" = 20' Anticipated Sheet Size: 24"x 36" Anticipated Deliverables: • Construction Plans& Details • Site Lighting Plans • Planting Plans& Details • Irrigation Plans& Details • Opinion of Probable Construction Costs • 60%Construction Documents Submittal Package TASK 3 100% CONSTRUCTION DOCUMENTS Based upon the Client-approved 60%Construction Document Package, prepare Construction Documents suitable for bidding and construction. A. CONSTRUCTION PLANS & DETAILS—prepare final Construction Plans that indicate layout, materials,finishes and colors of project elements including the access AV A road, reconfiguration of the cinema at E Street,and pedestrian hardscape treatments. Prepare construction details of hardscape elements. B. PLANTING PLANS AND DETAILS— prepare Planting Plans and Planting Details that indicate plant species,sizes,quantities and locations with notes, legends and. detail reference call-outs. C. IRRIGATION PLANS & DETAILS- prepare final Irrigation Plans& Details that indicate all components and facilities for a permanent automatic irrigation system. Irrigation system includes, but is not limited to,sprinkler head layout, piping, valves,water supply Point-of-Connection(s), irrigation controllers with notes and call-outs. Irrigation system design will incorporate current industry technology and installation methods to produce an efficient system operating within a public environment. D. SITE LIGHTING PLANS— based on the 60% Construction Document Package, prepare Lighting Plans that include roadway lights, bollards,tree uplights,and accent lights. Provide technical specifications for all standard lighting fixtures and performance specifications for incorporation into the Construction Documents. Prepare a complete lighting system specification in draft form with details of all standard lighting elements,which will be included as an integral section in the Electrical Engineer's specifications. 5 THEATER SQUARE&DOWNTOWN STREETSCAPE April 7,2011 I ABM E. SPECIFICATIONS AND BID DOCUMENTS— based upon the ICDC-established format prepare Specifications and Bid Documents/Forms for AECOM's Scope of Work. F. OPINION OF PROBABLE CONSTRUCTION COSTS— update the Opinion of Probable Construction Costs based upon the 100% Construction Document Packages. G. IN-HOUSE REVIEW AND PLAN CHECK— provide continuous in-house quality review and plan check of the Construction Documents. H. CONSULTANT COORDINATION — provide coordination by phone or email with the work of other Consultants including Ludwig and Vanir as it relates to AECOM's work. (This task does not include work-sessions or site meetings.) I. CLIENT REVIEW MEETINGS—attend design review meetings with the Client and other appropriate members of the Design Team to resolve outstanding design issues that affect the progress of AECOM's work and confirm program criteria, schedule, milestone dates. Maximum of two (2) meetings in San Bernardino. J. 100% SUBMITTAL—submit the revised Construction Documents Package to the Client for final approval. K. CLIENT REVIEW REVISIONS — provide minor revisions to the Construction Documents Package based upon the Client's review and the City's plan check review comments of the 100%Construction Documents Package. L. BID SET SUBMITTAL—submit a final "Bid Set" construction documents package to the Client for bidding and construction. Anticipated Phase Duration: 4 Weeks(not including Client review time) Anticipated Base Scale: 1" = 20' Anticipated Sheet Size: 24"x 36" Anticipated Deliverables: • Specifications • Opinion of Probable Construction Costs • Final (100%) Construction Documents Submittal Package • Bid Set Submittal Package TASK 4 BID ASSISTANCE Assist the Client during the bidding of AECOM's Construction Documents. A. ADDENDA— provide Addenda to the Construction Documents during bidding and provide coordination and written documentation as required. THEATER SQUARE&DOWNTOWN STREETSCAPE s April 7,2011 A=COM B. BIDDER COORDINATION — respond to bidders'questions during the bidding period. C. PRE-BID MEETING—attend the Pre-Bid Meeting. One(1) meeting in San Bernardino. Anticipated Phase Duration: 4 weeks Anticipated Deliverables: • Bidders List(If Requested) • Addenda TASK 5 CONSTRUCTION ADMINISTRATION Assist the Client in making periodic site visits to monitor the progress of the work and to determine if the Project is proceeding in accordance with the design intent of the Construction Documents. A. LANDSCAPE SITE VISITS— provide a maximum of eight(8)site visits to review some, if not all,of the following stages of landscape construction: • Pre-Construction or"Kick-Off' Meeting • Completed paving mock-ups • Layout/installation of hardscape elements • Layout of plant material and trees • Irrigation sprinkler coverage test • Installation of wayfinding/directory signage • Pre-Final Walk-Through to establish the"Punch List" • Final Walk-Through for project acceptance B. LIGHTING SITE VISITS— provide a maximum of one(1)site visit during construction to review installation,adjust for construction conflicts,targeting changes,and adjustments of fixtures where required,and provide one(1)site visit upon completion of light fixture installation to aim adjustable fixtures, provide punch Lists,set controls(if required),verify the design,and educate the Client on the lighting system. C. FIELD REPORTS OR "PUNCH LISTS" — prepare typed Field Reports or"Punch Lists" that indicate the status of construction for each site visit. D. PLANT SELECTION AND TAGGING—visit Southern California nurseries to review and tag trees and shrubs for the project.One(1)AECOM staff person for a maximum of two(2)days. 7 THEATER SQUARE&DOWNTOWN STREETSCAPE April 7,2011 AECOM E. PROJECT COORDINATION — perform on-going coordination with the Client,the Consultant Team and the Contractor to resolve landscape-related construction and installation issues. F. SHOP DRAWING AND SUBMITTAL REVIEW- review,comment and process the Contractor's Shop Drawings and Submittals as they relate to the AECOM Design Team's Construction Documents. G. REQUESTS FOR INFORMATION —during the course of construction review and respond to the Contractor's Requests for Information as they relate to AECOM's Construction Documents. Prepare clarification sketches, if required,to resolve construction ambiguities. H. CHANGE ORDERS— prepare and coordinate Change Orders to the Construction Contract as they relate to AECOM's Construction Documents. Anticipated Phase Duration: 3 months Anticipated Deliverables: • Field Reports and "Punch Lists" • Reviewed Shop Drawings • Responses to Requests for Information • Change Orders PROPOSAL ASSUMPTIONS A. PROJECT DELIVERABLE SCHEDULE—the anticipated schedule indicated within the Scope of Work is preliminary and does not account for additional submittals beyond what is described in Scope of Work,fluctuations in the client review periods, or additional coordination for public agency permitting and plan check that may be necessary.To expedite permitting,the Design Team suggests meeting with EDA and City agencies early in the design process to establish the anticipated path to be navigated. B. This scope of work does not include civil,structural, mechanical, electrical, or plumbing engineering services. C. This scope of work does not include construction management services, which will be provided byVanir. D. Ludwig Engineering will provide AECOM with digital versions of the project base plan in AutoCAD format. E. Horizontal and vertical control will be provided by Ludwig Engineering. THEATER SQUARE&DOWNTOWN STREETSCAPE s April 7,2011 AECOM F. Water Quality Management Plan and Storm Water Pollution Prevention Plans are not part of this scope of work. G. Section 1 (front end) specifications will be prepared by Ludwig Engineering or EDA. AECOM will prepare technical specifications for the work outlined in this scope of services. FEE See attached fee spreadsheet for AECOM and subconsultant fees. HOURLY RATE SCHEDULE Effective January 1, 2011 AECOM's hourly-rate schedule is subject to adjustment on January 1 of each year with a maximum yearly rate increase of 5%. Any additional work over and above that performed under Schedule 1 (Scope of Work) will be billed at the hourly rate schedule as indicated below: TITLE HOURLY RATE RANGE Principal $205.00 - $275.00 Senior Graphic Designer $135.00 - $205.00 Graphic Designer $85.00 - $160.00 Project Manager $110.00 - $115.00 Professional Staff $75.00 - $115.00 9 THEATER SQUARE&DOWNTOWN STREETSCAPE April 7,2011 C, m ° 0 rn ° Ln Cl ° o .K • w ai ri N cc of 0 0 0 0 . 0 0 0 0 M M I7 LO M `r�rt R+n: O O O O u (OD ^ f, O co r • r� • O O ' LO ` LOCI O y fD O M M N EA 04 EA loo I • LCi n t M co (O It Cl) O C4 �2m :4 1 0 0 0 0 0 0 •I 0 0 0 0 n O O LSJ LA O to _ co co co 4 cr ` co O 3 4- CD to a $ (o a.. m m - ' tr 0 a � � d ° cam , 0 0 > E c (D> 0 UaD co C t10 N `i co a N a i 10 i E O Q ~ Q ° C N 4— a N OLI b0 p m -1 c (� y tT' �3 c +' +1 a _ (D o + Q +1 m itco O -p a L N EXHIBIT "C" INSURANCE REQUIREMENTS The Consultant shall maintain insurance policies issued by an insurance company or companies authorized to do business in the State of California and that maintain during the term of the policy a "General Policyholders Rating" of at least A(v), as set forth in the then most current edition of "Bests Insurance Guide," as follows: (1) Comprehensive General Liability Insurance. The Consultant shall maintain comprehensive general liability insurance of not less than Two Million Dollars ($2,000,000.00) combined single limit,per occurrence. (2) Automobile Insurance. The Consultant and each of its sub-consultants shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for each vehicle leased or owned by the Consultant or its sub-consultants and used in performing work under this Agreement. (3) Worker's Compensation Insurance. The Consultant and each of its sub-consultants shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Consultant's and/or sub- consultant's employment performing work under this Agreement. (4) Errors and Omissions Coverage. The Consultant shall maintain an insurance policy covering liability for errors and omissions of the Consultant in performing the Scope of Services of this Agreement in an amount of not less than One Million Dollars ($1,000,000.00). Concurrent with the execution of this Agreement and prior to the commencement of any work by the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effect continuously throughout the term of this Agreement. Each policy of insurance that Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name the Agency as an additional insured and shall provide that the policy may not be cancelled, terminated or modified, except upon thirty (30) days prior written notice to the Agency. 11 P:\Agendas\Agenda At tachments\Exhibits\2011\05-02-11 AECOM-Exhibit A to CDC Reso.docx i1�1✓Ct V[v...vii� •",r CITY OF SAN BERNARDINO JUN 14 pH 3: 06 ECONOMIC DEVELOPMENT AGENCY INTER-OFFICE MEMOR,4ND UM TO: Rachel G. Clark, City Clerk FROM: Emil A. Marzullo, Interim Executive Director SUBJECT: AECOM Agreement for Professional Services—Replacement of page 2 DATE: June 13, 2011 COPIES: Agency Counsel Timothy J. Sabo, Project Manager Kathleen Robles, File Please accept four copies of page 2 replacements for AECOM's Agreement for Professional Services as it was approved and reconsidered for adoption by the Community Development Commission of the City of San Bernardino on May 16, 2011 (CDC/2011-23 - Resolution previously adopted on May 2,2011). In addition, please provide Agency Staff with a confirmation upon receipt of the replacement pages for our records. Should you have any questions, I can be reached at (909) 663-1044. Thank you. Enclosure 4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT. A. The Agency shall compensate the Consultant in an aggregate amount not to exceed $135,110 for completion of the services described in the Scope of Services set forth in Exhibit "B," billed monthly to the Agency on a time and materials basis for the services as actually rendered for each monthly period not to exceed in the aggregate the Total Fee for the performance of the work and the delivery of the final work product. B. The compensation designated in subsection 4. A. shall be the Total Fee for the performance of the work and the delivery of the final work product materials, as set forth in the Scope of Services. The Total Fee shall include, but not be limited to, the salaries of all sub-consultants retained by the Consultant and all employees of the Consultant to perform work pursuant to this Agreement and shall be inclusive of all costs and expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage, copies and such other expenses related to completion of the work set forth in the Scope of Services. C. The Consultant shall invoice the Agency for work performed by the Consultant under this Agreement each calendar month during the term of this Agreement. D. The Consultant shall submit invoices under this Agreement to: Redevelopment Agency of the City of San Bernardino Attention: Kathleen Robles, Project Manager 201 North"E" Street, Suite 301 San Bernardino, California 92401 E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant incurred in performance of the Scope of Services, during the period of time for which the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of the Consultant and any individual sub-consultants utilized by the Consultant, during the time period covered by the invoice, a description of the professional services rendered on a daily basis by each named individual during such time period, the respective hourly rates of each named individual and the actual time expended by each named individual. Each invoice of the Consultant shall be accompanied by copies of all third party invoices for other direct costs incurred and paid by the Consultant during such time period. The Agency shall pay all amounts set forth on the invoices of the Consultant and approved by the authorized Agency Staff personnel who requested the services, within thirty (30) days after such approval. 5. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the Consultant and available to the Agency for examination and for purposes of performing an audit for a period of five (5) years from the date of expiration or termination of this Agreement or for a longer period, as required by law. Such records shall be available to the Agency and to appropriate county, state or federal agencies and officials for inspection during the regular business hours of the Consultant. If the Consultant does not maintain regular business hours, then such records shall be available for inspection between the hours of 9 a.m. and 4 p.m. Monday 2 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\05-02-11 AECOM-Agreement for Professional Services.docx Page 1 of 2 Margaret Fedor From: Mayra Ochiqui Sent: Monday, May 16, 2011 8:36 AM To: Teri Baker Cc: Margaret Fedor; Linda Sutherland; Rachel Clark Subject: RE: R28 & R34 Hi Teri— We received the replacement backup for#R28, but it says, "Not for Signature"on the signature lines of Exhibit A and we did not receive an original agreement. I just want to confirm with you that this agreement falls under the conditions that we spoke about last week and our office will receive a fully executed copy once signatures have been gathered by your office. Please confirm. Thank you, Mayra Ochiqui, CIVIC Deputy City Clerk,City Clerk's Office (909) 384-5002, ext. 3207 From: Teri Baker [mailto:tbaker @sbrda.org] Sent: Wednesday, May 11, 20114:05 PM To: Mayra Ochiqui Cc: Rachel Clark; Debra Kurita; Linda Sutherland; Wasana Chantha Subject: RE: R28 & R34 Yes,this is correct. Thank you very much, I think this will make it a lot less confusing. We are finalizing the items now. From: Mayra Ochiqui [mailto:Ochiqui_Ma @sbcity.org] Sent: Wednesday, May 11, 20113:50 PM To: Teri Baker Cc: Rachel Clark; Debra Kurita; Linda Sutherland Subject: R28 & R34 Hi Teri— As discussed, R28 has been split into two separate items, R28 and R34 (see below). Recommended for approval at the Redevelopment Committee meeting on April 21, 2011 — Committee Members Present: Johnson, Brinker, Marquez R28. AECOM — Amendment No. 1 to the Professional Services Agreement & Reconsideration (Streetscape Design for Downtown San Bernardino) (See Attached) Ward 1 (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 Professional Services by and between the Agency and AECOM. MOTION: That said resolution be adopted. 5/16/2011 Page 2 of 2 R34. 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 an agreement for Professional Services by and between the Agency and AECOM for Landscape and Lighting Design Services for Theater Square (Central City North Redevelopment Project Area). (See Attached) (Staff Report not available at time of printing.) MOTION: That the Community Development Commission of the City of San Bernardino reconsider the approval and adoption of Resolution No. CDC/2011-23 relating to the Professional Services with AECOM for Landscape and Lighting Design Services for Theater Square (Central City North Redevelopment Project Area); and that said resolution be adopted. Mayra Ochiqui, CIVIC Deputy City Clerk,City Clerk's Office City of San Bernardino 300 N. D St. San Bernardino, CA 92418 Office (909) 384-5002 Fax(909) 384-5158 www.sbcity.org www.facebook.com/sbcitygov AZ i 4MAI I