HomeMy WebLinkAboutCDC/2010-49
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RESOLUTION NO. CDC/2010-49
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 TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BB ARCHITECTS, INC.,
FOR THE PREPARATION OF AN AMERICANS WITH DISABILITIES ACT
COMPLIANCE SURVEY AT 450 NORTH "E" STREET, SAN BERNARDINO
(CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA)
8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a
9 public body, corporate and politic existing under the laws of the State of California, Community
10 Redevelopment Law, Health and Safety Code 33000, et seq. (the "CRL"), and is charged with the
11 mission of redeveloping blighted and underutilized land; and
12 WHEREAS, on October 29,1996, the Redevelopment Agency of the City of San Bernardino
13 (the "Agency") and MDA-San Bernardino Associates, L.L.C. ("MDA") entered into a Disposition
14 and Development Agreement for the development, construction, improvement, and financing of a
15 multi-screen cinema complex and related common area improvements (the "20-Plex"); and
16 WHEREAS, in 2001, with the downturn in the cinema industry, the Agency purchased the
17 20-Plex (located at 450 North "E" Street) from MDA, together with the existing lease with the
18 tenant; and
19 WHEREAS, on September 28, 2008, the existing tenant, CinemaStar Luxury Theaters, Inc.
20 ("CinemaS tar"), ceased operations; and
21 WHEREAS, on December 15, 2008, the Mayor and Common Council of the City of San
22 Bernardino (the "Council") authorized the Interim Executive Director to execute a Disposition and
23 Development Agreement between the Agency and Maya Cinemas North America, Inc. ("Maya"),
24 for the disposition and sale of the 20-Plex; and
25 WHEREAS, during Maya's due diligence period, it was discovered that some of the theater
26 risers had not been constructed to the Americans with Disabilities Act ("ADA") standards; and
27 WHEREAS, Maya's findings are a concern to the Agency since there could be other areas of
28 the 20-Plex that may need to be brought into compliance with ADA standards; and
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1 WHEREAS, to address the potential for future ADA compliance issues and as a negotiating
2 base for the lease/sale of the 20-Plex, on July 20, 2010, the Agency issued a Request for Proposal
3 for an ADA Compliance Survey to be conducted; and
4 WHEREAS, on July 30,2010, the Agency received four (4) proposals for the preparation of
5 an ADA Compliance Survey; and
6 WHEREAS, the Agency reviewed the proposals and on August 19, 2010, the
7 Redevelopment Committee of the City of San Bernardino (the "Redevelopment Committee")
8 recommended to the Commission approval of a Professional Services Agreement (the
9 "Agreement"), attached hereto as Exhibit "A," by and between the Agency and BB Architects, Inc.
10 (the "Consultant"), to accomplish any and all tasks necessary to prepare and complete an ADA
11 Compliance Survey for the 20-Plex; and
12 WHEREAS, the Redevelopment Committee recommended that the Commission approve the
13 Agreement and authorize the Interim Executive Director of the Agency to execute said Agreement.
14 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
15 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
16 FOLLOWS:
17 Section 1. The Commission hereby approves the Agreement and hereby authorizes the
18 Interim Executive Director of the Agency to execute the Agreement with the Consultant on behalf
19 of the Agency, together with any technical and conforming changes as may be recommended by the
20 Interim Executive Director of the Agency and approved by the Agency Counsel.
21 Section 2. This Resolution shall take effect upon its adoption.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
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 TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BB ARCHITECTS, INC.,
FOR THE PREPARATION OF AN AMERICANS WITH DISABILITIES ACT
COMPLIANCE SURVEY AT 450 NORTH "E" STREET, SAN BERNARDINO
(CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA)
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
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Development Commission of the City of San Bernardino at a joint regular
meeting
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thereof, held on the 7th
10 Council Members:
11 MARQUEZ
12 DESJARDINS
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17 MC CAMMACK
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day of September ,2010, by the following vote to wit:
Absent
Abstain
Ayes Nays
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X
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X
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-
A'
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c:2C '.'..
Secretary
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21 The foregoing Resolution is hereby approved this q day of September
,2010,
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Approved as to Form:
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Agency Co sel
By:
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EXHIBIT "A"
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
BB ARCHITECTS, INC.
This Agreement for Professional Services (this "Agreement") is made and entered into as of
September 7, 2010, by and between the Redevelopment Agency of the City of San Bernardino (the
"Agency"), a public body, corporate and politic, and BB Architects, Inc. (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:
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.
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4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant in an aggregate amount not to exceed
$39,350 for completion of the services described in the Scope of Services set forth in
Exhibit "B," billed to the Agency on a time and materials basis for the hours worked by
each individual listed on Exhibit "B" and at the hourly rates set forth for each such
individual.
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
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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 fOlth 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 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.
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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
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performance of the Scope of Services of this Agreement to the Agency, within ten (10)
calendar days of such termination and without additional charge to the Agency.
13. NOTICE. 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:
BB Architects, Inc.
Attention: Charles Bell, Associate Architect
1590 South Coast Highway, Suite 18
Laguna Beach, CA 92651
Phone: (949) 494-8093
AGENCY:
Redevelopment Agency of the City of San Bernardino
Attention: Emil A. Marzullo, Interim Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
Phone: (909) 663-1044
Fax: (909) 888-9413
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 ohace, 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
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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
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 Agency and executed by the Interim Executive Director or his designee.
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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 (i) (ii) 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.
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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:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By:
Agency Counsel
CONSULTANT
BB Architect, Inc.
By:
Name:
Dated:
Title:
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EXHIBIT "A"
SUPERVISORY STAFF PERSONNEL
Agency Staff:
Emil A. Marzullo, Interim Executive Director
Don Gee, Deputy Director
Kathleen Robles, Project Manager
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EXHIBIT "B"
SCOPE OF SERVICES
The preparation of a complete ADA Title III Compliance Survey for the Cinema interior and exterior
including, but not limited to the identification of all exiting issues, sidewalks and approaches to the
entrances of the cinema, and the location, number and accessibility of the ADA complaint seating areas in
each theater (auditorium), comprising the Cinema.
The ADA Title III Compliance Survey for the Cinema is expected to take no more than
weeks.
Deliverables
1. One (1) Draft Reports for Agency staff review and comment prior to submittal of the Final Report.
2. Three (3) copies of the Final Report, one (1) copy utilizing the Window OS, and filed on a CD in a
searchable PDF format. The Report is to contain ADA compliance survey results, conclusions,
and recommendations for further action if needed and a specific description of each area of the
Cinema where deficiencies are noted with the scope of suggested work plans and alternatives
strategies suggested for remediation of such deficiencies. The Final Report will also address the
structural and physical ability of the Cinema to accommodate any suggestions offered in the Final
Report.
PROPOSED ARCHITECT AND STRUCTURAL ENGINEER SERVICES FOR
THE ADA TITLE III COMPLIANCE SURVEY - 20-PLEX CINEMA
SAN BERNARDINO, CALIFORNIA
PHASE SITE VISIT SITE PREP- FINAL TOTAL
PREP. VISIT REPORT REPORT
DRAFT
ARCHITECT: $4,600 $11,900 $13,150 $4,200 $33,850
ARCHITECT'S
CONSULTANTS:
STRUCTURAL $3,500 $2,000 $5,500
ENGINEER
ARCHITECT $4,600 $11,900 $16,650 $6,200 $39,350
AND
CONSULTANT
TOTALS:
Service Clarifications
1. This proposal is to be used in conjunction with a contract form provided by the "Agency" with the
following provisions.
2. In no event will Architect's services or professional responsibilities include: (a) soils engineering
or other geotechnical services, or any responsibility for the Project's soils, subterranean water
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and/or subsurface-conditions; (b) hazardous waste or toxic substances engineering or pollution
laws or for hazardous materials or toxic substances at the Project site, nor identified in the
published product literature of the product's manufacturer; and (c) serving as, supervising or
having any responsibility for any contractor, and in particular will have no responsibility for the
timeliness or quality of any contractor performance, for construction means, methods, techniques,
sequences or procedures, or for construction site safety or any construction safety program
precautions.
3. Architect's service will be performed in accordance with generally and currently accepted design
professional principal and practices, and without uninsurable service warranties. In particular,
Architect will use its best professional judgment un interpreting and applying the requirements;
but compliance with any laws as they may be eventually interpreted by others cannot be
guaranteed. In no event will Architect guarantee cost estimates, schedule projections, building
area tabulations or any prognostications as to future events including the discretionary decisions of
government officials; and when used in conjunctions with the providing of services pursuant to
this Agreement, such terms to "certify", "confirm", "warranty", "make sure", "insure", "ensure",
"assure", or the like do not constitute a guarantee, but rather a representation based on professional
opinion or judgment.
4. Architect will undertake legal responsibility for the design professional services provided pursuant
to this Agreement, but not otherwise. In particular, Architect will not be responsible for
construction site safety; for delays or other matters beyond its reasonable control: for inaccurate
information provided by co-consultants or other reasonable reliable sources; for the services or
instruments of service provided by others even if incorporated into Architect's instrument of
service for ease of reference or otherwise; for hazardous materials or toxic substances at the
Project site: for the recommendation of specification of products or equipment for purposes
consistent with manufacture's published literature or containing toxic substances not disclosed in
that literature; or for the actions or inactions of others including contractors, other consultants,
utility companies and governmental or quasi-governmental agencies.
OWNER'S COOPERATION:
Toward the mutual goal of a successful project, the "Agency" shall make reasonable efforts to cooperate
with Architect including with limitation:
1. Authorizing a Project Manager to direct and deal with Architect.
2. Providing timely information upon which can rely regarding Project conditions and requirements,
including such specific information as Architect may reasonable requests such as "as built existing
building construction documents, legal descriptions and limitations, and land surveys.
3. Respond to Architect's questions and requests for information and approval within a reasonable
time.
4. Providing appropriate arrangements for the coordination of the Project's vanous "Agency"
consultants.
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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 andlor 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.
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
BB ARCHITECTS, INC.
This Agreement for Professional Services (this "Agreement") is made and entered into as of
September 7, 2010, by and between the Redevelopment Agency of the City of San Bernardino (the
"Agency"), a public body, corporate and politic, and BB Architects, Inc. (the "Consultant").
NOW, THEREFORE, IN CONSIDERA TION 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:
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 instmcted 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.
4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant in an aggregate amount not to exceed
$39,350 for completion of the services described in the Scope of Services set forth in
Exhibit "B," billed to the Agency on a time and materials basis for the hours worked by
each individual listed on Exhibit "B" and at the hourly rates set forth for each such
individual.
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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.
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
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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
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,
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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
performance of the Scope of Services of this Agreement to the Agency, within ten (10)
calendar days of such termination and without additional charge to the Agency.
13. NOTICE. 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
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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:
BB Architects, Inc.
Attention: Charles Bell, Associate Architect
1590 South Coast Highway, Suite 18
Laguna Beach, CA 92651
Phone: (949) 494-8093
AGENCY:
Redevelopment Agency of the City of S,ill Bernardino
Attention: Emil A. Marzullo, Interim Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
Phone: (909) 663-1044
Fax: (909) 888-9413
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
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
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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 Agency and executed by the Interim Executive Director or his designee.
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 (i) Regal Entertainment Group, (ii) Galaxy Theatres, Inc., and (iii) Landmark Theatres,
motion picture exhibition companies. 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
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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:
q /Ie. J}c /6
"
c;' ~.~"..----~)
By: G _ .' -,"
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By:
/I
CONSULTANT
Dated: qJ 1/ (0
I '
BB Architec~, Inc. ~
By: Q~r--~\._
. "J
Name: -P::LA,J? ~~I>...J--\.G)VJ
Title: 'Pr {-h, (~ ~.
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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.
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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.
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EXHIBIT" A"
SUPERVISORY STAFF PERSONNEL
Agency Staff:
Emil A. Marzullo, Interim Executive Director
Don Gee, Deputy Director
Kathleen Robles, Project Manager
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EXHIBIT "B"
SCOPE OF SERVICES
The preparation of a complete ADA Title III Compliance Survey for the Cinema interior and exterior
including, but not limited to the identification of all exiting issues, sidewalks and approaches to the
entrances of the cinema, and the location, number and accessibility of the ADA complaint seating areas in
each theater (auditorium), comprising the Cinema.
The ADA Title III Compliance Survey for the Cinema is expected to take no more than ten (10) weeks.
Deliverables
1. One (1) Draft Reports for Agency staff review and comment prior to submittal of the Final Report.
2. Three (3) copies of the Final Report, one (1) copy utilizing the Window OS, and filed on a CD in a
searchable PDF format. The Report is to contain ADA compliance survey results, conclusions,
and recommendations for further action if needed and a specific description of each area of the
Cinema where deficiencies are noted with the scope of suggested work plans and alternatives
strategies suggested for remediation of such deficiencies. The Final Report will also address the
structural and physical ability of the Cinema to accommodate any suggestions offered in the Final
Report.
PROPOSED ARCHITECT AND STRUCTURAL ENGINEER SERVICES FOR
THE ADA TITLE III COMPLIANCE SURVEY -20-PLEX CINEMA
SAN BERNARDINO, CALIFORNIA
PHASE SITE VISIT SITE PREP- FINAL TOTAL
PREP. VISIT REPORT REPORT
DRAFT
ARCHITECT: $4,600 $11,900 $13,150 $4,200 $33,850
ARCHITECT'S
CONSUL T ANTS:
STRUCTURAL $3,500 $2,000 $5,500
ENGINEER
ARCHITECT $4,600 $11,900 $16,650 $6,200 $39,350
AND
CONSULTANT
TOTALS:
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Consultant Hourlv Service Fees:
Services to be provided pursuant to Consultant's current fee schedule as follows:
Principal Architect
Associate Architect
Project Architect
Production Drafting
Clerical
$ 225.00 Per Hour
$ 200.00 Per Hour
$ 150.00 Per Hour
$ 95.00 Per Hour
$ 60.00 Per Hour
Structural En1dneer Hourlv Service Fees:
Principal Engineer
Managing Senior Engineer
Project En'gineer V
Managing Sr. Drafter
Project Drafter II
$194.00 Per Hour
$178.00 Per Hour
$162.00 Per Hour
$106.00 Per Hour
$100.00 Per Hour
Service Clarifications
1. This proposal is to be used in conjunction with a contract form provided by the "Agency" with the
following provisions.
2. In no event will Architect's services or professional responsibilities include: (a) soils engineering
or other geotechnical services, or any responsibility for the Project's soils, subterranean water
and/or subsurface-conditions; (b) hazardous waste or toxic substances engineering or pollution
laws or for hazardous materials or toxic substances at the Project site, nor identified in the
published product literature of the product's manufacturer; and (c) serving as, supervising or
having any responsibility for any contractor, and in particular will have no responsibility for the
timeliness or quality of any contractor performance, for construction means, methods, techniques,
sequences or procedures, or for construction site safety or any construction safety program
precautions.
3. Architect's service will be performed in accordance with generally and currently accepted design
professional principal and practices, and without uninsurable service warranties. In particular,
Architect will use its best professional judgment in interpreting and applying the requirements; but
compliance with any laws as they may be eventually interpreted by others cannot be guaranteed.
In no event will Architect guarantee cost estimates, schedule projections, building area tabulations
or any prognostications as to future events including the discretionary decisions of government
officials; and when used in conjunctions with the providing of services pursuant to this
Agreement, such terms to "certify", "confirm", "warranty", "make sure", "insure", "ensure",
"assure", or the like do not constitute a guarantee, but rather a representation based on professional
opinion or judgment.
4. Architect will undertake legal responsibility for the design professional services provided pursuant
to this Agreement, but not otherwise. In particular, Architect will not be responsible for
construction site safety; for delays or other matters beyond its reasonable control: for inaccurate
information provided by co-consultants or other reasonable reliable sources; for the services or
instruments of service provided by others even if incorporated into Architect's instrument of
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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 andlor 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.
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service for ease of reference or otherwise; for hazardous materials or toxic substances at the
Project site: for the recommendation of specification of products or equipment for purposes
consistent with manufacture's published literature or containing toxic substances not disclosed in
that literature; or for the actions or inactions of others including contractors, other consultants,
utility companies and governmental or quasi-governmental agencies.
OWNER'S COOPERATION:
Toward the mutual goal of a successful project, the "Agency" shall make reasonable efforts to cooperate
with Architect including with limitation:
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1. Authorizing a Project Manager to direct and deal with Architect.
2. Providing timely information upon which can rely regarding Project conditions and requirements,
including such specific information as Architect may reasonable requests such as "as built existing
building construction documents, legal descriptions and limitations, and land surveys.
3. Respond to Architect's questions and requests for information and approval within a reasonable
time.
4. Providing appropriate arrangements for the coordination of the Project's vanous "Agency"
consultants.
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