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HomeMy WebLinkAboutR30- Economic Development Agency CITY OF SAN BERNARDINO ORIGINAL ECONOMIC DEVELOPMENT AGENCY FROM: Emil A.Marzullo SUBJECT: Vanir Construction Management, Inc. - Interim Executive Director Professional Services Agreement to complete the Seismic and Building addition Integration, Preliminary Estimate and Functional Study at DATE: May 12,2010 the California Theatre of the Performing Arts Synopsis of Previous Commission/Council/Committee Action(s): On April 8, 2010, Redevelopment Committee Members Johnson, Brinker and Alternate Shorett unanimously voted to recommend that the Mayor and Common Council and the Community Development Commission consider this action for approval. '----'—"--"------' --"------'---------- --------------- Recommended Motion(s): (Mayor and Common Council) A: Resolution of the Mayor and Common Council of the City of San Bernardino approving and consenting to the funding of a Professional Services Agreement by and between the Redevelopment Agency of the City of San Bernardino and Vanir Construction Management, Inc., for the seismic and building addition integration, preliminary estimate and functional study project at the California Theatre of the Performing Arts ("California Theatre") and making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 as to the benefit to the State College Redevelopment Project Area for the undertaking of the preliminary estimate and the functional study of the California Theatre, future building addition proposals and the existing buildings located on the block bounded By 0, 5'h,`B"and"F•'Streets(Central City North Redevelopment Project Area) (Community Development Commission) B: 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 a Professional Services Agreement by and between the Agency and Vanir Construction Management, Inc., for the seismic and building addition integration, preliminary estimate and functional study project at the California Theatre of the Performing Arts(Central City North Redevelopment Project Area) Contact Person(s): John Dohm Phone: (909)663-1044 Central City North Project Area(s): Redevelopment Project Area Ward(s): 1 Supporting Data Attached: 0 Staff Report 0 Resolution(s)0 Agreement(s)/Contract(s) ❑Map(s) O Letter(s) State College Redevelopment Project Area FUNDING REQUIREMENTS: Amount: $ $88,000 Source: Tax Increment Fund Account Budget Authority: 2009-2010 Budget Signature:_ Fiscal Review: Emil A.Marzullo, Interim Executiva Director Lori Pau 'uo ' le to ' dministrative Services Director Commission/Council Notes: 4p '.s Zo/D— /e2G —'-------------- --'— — ---'------ P\AVe IIComm Nv CommissionWWMIM5-17-10 Vanir COmtU on-Pmfm,ional Service Ageemem SR dm COMMISSION MEETING AGENDA Meeting Date: 05/177//2010 Agenda Item Number: 30 ECONOMIC DEVELOPMENT AGENCY STAFF REPORT VANIR CONSTRUCTION MANAGEMENT,INC. - PROFESSIONAL SERVICES AGREEMENT TO COMPLETE THE SEISMIC AND BUILDING ADDITION INTEGRATION, PRELIMINARY ESTIMATE AND FUNCTIONAL STUDY AT THE CALIFORNIA THEATRE OF THE PERFORMING ARTS BACKGROUND: Since its completion in 1928, the Spanish colonial style theater building located at 562 West 4`" Street in the City of San Bernardino (the "City") has been one of the Inland Empire's premier performing arts centers and an architectural master piece. The California Theatre of the Performing Arts (the "Theatre"), stands not only as the focal point of the City's Theatrical District, it is the City's most valued historic monument; it is also one of the major entertainment venues and socioeconomic drivers to the City's downtown. For the reasons mentioned previously, it is of the utmost importance to the residents of the City of San Bernardino and patrons of the arts from around the world that the Theatre District be an integral part of the enhancement of the City's downtown. In 1996, the Redevelopment Agency of the City of San Bernardino (the "Agency") acquired the Theatre from the San Bernardino Civic Light Opera and began a campaign of building renovation projects. The Agency has made structural and architectural improvements, rebuilt fire damaged areas of the building, upgraded electrical, lighting and mechanical systems, and spent hundreds of thousands of dollars installing a fire suppression system in the Theatre. Due to advancements in computer technology used in structural building design and testing methodologies, a more thorough understanding of the effects of earthquakes on structures and the ground beneath the structures, and advancements in building techniques, today's building components are better able to withstand violent ground-shaking and the results of liquefaction caused by ground- shaking. In 2009, as a continued effort to preserve the Theatre, the Agency hired Mr. Len Knapp, a structural engineer to complete a study of the geological, seismic and structural condition of the Theatre and its surrounding parcels. Mr. Knapp's study recommended making structural improvements to the Theatre building's roof diaphragm. Due to site restrictions and other considerations, the structural improvements will best be incorporated into the structural framing of building additions added to the exterior of the building. Additionally, buttress columns were proposed to be added to the west side of the building to stabilize the Theatre in the event of a seismic event. CURRENT ISSUE: Based on extensive experience with the Theatre's structure and operations, a thorough knowledge of working with historic buildings and utilizing the aforementioned structural analysis, Vanir Construction Management, Inc., proposes to perform an additional study to determine the best way to integrate the structural design solution with the existing Theatre and its site while enhancing functional -------------I—------- ----------------------------------------------------------------------- P,w, T...a..C..Mi..m.WW20M05-i7-.o v..i,C.i..-v f w...I s.,.m..A� .m SR COMMISSION MEETING AGENDA Meeting Date: 05/17//2)010 17 Agenda Item Number: -✓" Economic Development Agency Staff Report Vanir Construction Management, Inc. -PSA Page 2 operations, visual impact and preserving the historic design integrity. Additionally, analysis of the functional options of the east building addition, possible further utilization of the west side of the building and site studies will also be required. Finally, a preliminary cost estimate will be completed to assist the Agency with budgeting considerations. ENVIRONMENTAL IMPACT: No impact under CEQA pursuant to Section 15301. FISCAL IMPACT: $88,000 from the State College Redevelopment Project Area Tax Increment Fund account. Account Budgeted Amount: $88,000 Balance as of: May 10, 2010 Balance after approval of this item: $9,959,578.08 RECOMMENDATION: That the Mayor and Common Council and the Community Development Commission adopt the attached Resolutions. Emil A. Marzullo, Interim Executiva Director —--------- --------------------------------------- PWguWeelCommNeC Ommmio.WC 201N05-17-10Vmi,C..w-Pmf.s..nel5crvices Agr<em<m SR.d. COMMISSION MEETING AGENDA Meeting Date: 05/17/2010 Agenda Item Number: _kl COPY I RESOLUTION NO. C 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND CONSENTING TO THE FUNDING OF 3 A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND VAND2 CONSTRUCTION MANAGEMENT, INC., FOR THE SEISMIC AND 5 BUILDING ADDITION INTEGRATION, PRELIMINARY ESTIMATE AND FUNCTIONAL STUDY PROJECT AT THE CALIFORNIA THEATRE OF THE 6 PERFORMING ARTS("CALIFORNIA THEATRE")AND MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH AND SAFETY 7 CODE SECTION 33445.1 AS TO THE BENEFIT TO THE STATE COLLEGE 8 REDEVELOPMENT PROJECT AREA FOR THE UNDERTAKING OF THE PRELIMINARY ESTIMATE AND THE FUNCTIONAL STUDY OF THE 9 CALIFORNIA THEATRE,FUTURE BUILDING ADDITION PROPOSALS AND THE EXISTING BUILDINGS LOCATED ON THE BLOCK BOUNDED BY 4TH, 10 5TH, "E" AND "F" STREETS (CENTRAL CITY NORTH REDEVELOPMENT 11 PROJECT AREA) 12 WHEREAS,the City of San Bernardino,California(the"City"),is a municipal corporation and 13 a charter City duly created and existing pursuant to the Constitution and the laws of the State of © 14 California; and 15 WHEREAS, the Community Development Commission of the City of San Bernardino (the i 16 "Commission's acting on behalf of the Redevelopment Agency of the City of San Bernardino (the 17 "Agency"),is a redevelopment agency, a public body, corporate and politic of the State of California, I8 organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24 19 commencing with Section 33000)of the Health and Safety Code of the State of California(the"Act' 20 and 21 WHEREAS,pursuant to Section 33445.1 of the Act,the Agency may,with the consent of the 22 Mayor and Common Council of the City of San Bernardino(the"Council"),pay all or a part of the cost 23 of installation and construction of any building, facility, structure or other improvement which is 24 publicly owned and is located outside and not contiguous to a redevelopment project area,but is located ! 25 within the community, with monies allocated to such redevelopment project area if the Council i 26 determines: (1) that the installation or construction of such buildings, facilities, structures or other s ® 27 improvements are of primary benefit to the redevelopment project area; (2) that the installation or 28 construction of the buildings, facilities, structures, or other improvements benefits the project area by 1 © 1 aiding in the elimination of blight within the redevelopment project area; (3)that no other reasonable 2 means of financing the installation or construction of such buildings, facilities, structures or other 3 improvements are available to the community; (4) that the payment of funds for the cost of the 4 buildings, facilities, structures or other,improvements is consistent with the implementation plan 5 adopted pursuant to Health and Safety Code Section 33490; and (5) that the installation of each 6 building,facility, structure, or improvement is provided for in the redevelopment plan. 7 WHEREAS, the Council and the Commission have previously approved and adopted the 8 Redevelopment Plan for the Central City North Redevelopment Project Area("Central City North"); 9 and 10 WHEREAS,it is in the interest of the present landowners within Central City North and the 11 residents, both within Central City North and within the City generally, that the Agency cause the 12 funding of a Professional Services Agreement("Agreement") by and between the Agency and Vanir 13 Construction Management, Inc. ("Contractor"), for the California Theatre of the Performing Arts © 14 ("Theatre") Seismic and Building Addition Integration, Preliminary Estimate and Functional Study 15 Project("Project")of the Agency owned property at 562 West 0 Street,future additions and existing 16 buildings on the block bounded by 4h, 561, "E" and"F" Streets (the "Property") within Central City, 17 North; and 18 WHEREAS,Phase 1, consisting of a Revit Study Model of the existing Theatre, will help the 19 Agency and its consultants consider future design options for future Theatre additions; and 20 WHEREAS,Phase 2 will,using existing information provided by a structural engineer,provide 21 three studies consisting of (1) the proposed east building addition, (2) the east building addition 22 including a list of recommended building space functions as may be suggested by Agency staff,and(3) 23 analysis of design options utilizing space and property on the west side of the Theatre; and 24 WHEREAS,Phase 2 will study potential site impacts within a 100 foot area surrounding the 25 Theatre; and 26 WHEREAS,the culmination of Phases 1 and 2 will result in a preliminary estimate of the unit © 27 and square footage costs,from current estimating cost data sources,of the Theatre's proposed structural 28 and functional renovation; and 2 1 WHEREAS, Phase 3 will consist of a massing model of all existing buildings within the R 2 Theatre's block; and 1 3 WHEREAS,the Theatre and the City's surrounding Theatre District serves all residents of the 4 City; and 5 WHEREAS,approximately 100 jobs are currently supported by the continued operations at the 6 Theatre with a similar amount to be created with the addition of the new retail office space proposed for 7 the east side of the Theatre; and 8 WHEREAS,the Theatre, when completed will have a positive economic and social impact on 9 various City, retail, business, educational and commercial functions, which service the residents, 10 workers and business owners within all of the City's Redevelopment Project Areas and in particular the 11 State College Redevelopment Project Area(the State College Redevelopment Project Area is herein 12 referred to as the"Benefited Project Area"); and 13 WHEREAS,the aforementioned Benefited Project Area is in proximity to Central City North as O14 it is located within less than 1.75 miles of each other, and the Agreement, Theatre, and Project serve 15 social, commercial, retail, and other community needs of the Benefited Project Area and provide 16 functions that cannot be provided separately within the Benefited Project Area; and 17 WHEREAS, Central City North is suffering from stagnant property values and impaired 18 investments,the property owners within Central City North do not have the ability to bear the cost of 19 any additional special assessments,taxes, or other charges, and in order to promote the City's health, 20 safety and welfare,it is important that the Agency fund the costs of the Project; and 21 WHEREAS,the funding of the Project is imperative for the substantial and complete restoration 22 of the Theatre; and 23 WHEREAS,in connection with the funding of the Project,it is proposed that the Agency shall 24 utilize revenues attributable to the Benefited Project Area in an amount egaal to $88,000; and 25 WHEREAS, it is appropriate at this time for the Commission, pursuant to separate action 26 pursuant to this Resolution,to approve and authorize the Interim Executive Director to execute said © 27 Agreement for the Project and for the Commission to make certain findings and determinations and take 28 certain actions with respect to the Agency's funding of the Project. 3 C 1 NOW,THEREFORE,IT IS HEREBY RESOLVED,DETERMINED AND ORDERED BY 2 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 3 FOLLOWS: 4 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this 5 reference. i 6 Section 2. The Council hereby approves and consents to the payment by the Agency of 7 those costs required by the Agreement for the Theatre's Seismic and Building Addition Integration, 8 Preliminary Estimate and Functional Study Project in order to ensure the economic enhancements and 9 stability of the Benefited Project Area and other neighborhoods within the City for the reasons set forth 10 in the Recitals hereinabove. The Council also finds and determines that:(1)the Project and its projected 11 buildings, facilities, structures, or other improvements are of primary benefit to the Benefited Project ? 12 Area;(2)the Project and the installation or construction of the projected buildings,facilities,structures, 13 or other improvements benefits the Benefited Proj ect Area by aiding in the elimination of blight within © 14 the Benefited Project Area;(3)no other reasonable means of financing the Project or the installation or 15 construction of the projected buildings,facilities, structures or other improvements are available to the 16 community;(4)the payment of funds for the cost of the Project,buildings,facilities,structures or other 17 improvements is consistent with the implementation plan adopted pursuant to Health and Safety Code 18 Section 33490; and (5) the Project and the installation and construction of such projected buildings, 19 facilities, structures, or improvements pursuant to the Project are provided for in the redevelopment 20 plan. 21 Section 3. This Resolution shall take effect upon its adoption and execution in the manner as 22 required by the City Charter. 23 24 25 26 027 28 4 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO APPROVING AND CONSENTING TO THE FUNDING OF 2 A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND 3 VANIR CONSTRUCTION MANAGEMENT, INC., FOR THE SEISMIC AND BUILDING ADDITION INTEGRATION, PRELIMINARY ESTIMATE AND 4 FUNCTIONAL STUDY PROJECT AT THE CALIFORNIA THEATRE OF THE 5 PERFORMING ARTS("CALIFORNIA THEATRE")AND MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH AND SAFETY 6 CODE SECTION 33445.1 AS TO THE BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA FOR THE UNDERTAKING OF THE 7 PRELIMINARY ESTIMATE AND THE FUNCTIONAL STUDY OF THE CALIFORNIA THEATRE,FUTURE BUILDING ADDITION PROPOSALS AND 8 THE EXISTING BUILDINGS LOCATED ON THE BLOCK BOUNDED BY 4Tx 9 5TH, "E" AND "F" STREETS (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 10 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 11 meebngthereo�held Common Council of the City of San Bernardino at a 12 on the day of , 2010,by the following vote to wit: 13 Abstain Absent Council Members: Ayes Nays © 14 MARQUEZ — 15 DESJARDINS — 16 BRINKER -- — 17 SHORETT — 18 KELLEY — 19 JOHNSON — 20 MC CAMMACK — 21 22 Rachel G. Clark,City Clerk 23 The foregoing Resolution is hereby approved this day of 2010. 24 25 Patrick J. Morris, Mayor 26 City of San Bernardino © Approved as orm: 27 , By: 28 ames F. Penman, City Attorney 5 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 3 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY 4 OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE 5 AGENCY AND VANIR CONSTRUCTION MANAGEMENT, INC., FOR THE SEISMIC AND BUILDING ADDITION INTEGRATION, PRELIMINARY 6 ESTIMATE AND FUNCTIONAL STUDY PROJECT AT THE CALIFORNIA THEATRE OF THE PERFORMING ARTS (CENTRAL CITY NORTH 7 -REDEVELOPMENT PROJECT AREA) 8 9 WHEREAS,the City of San Bernardino,California(the"City"),is a municipal corporation and 10 a charter City duly created and existing pursuant to the Constitution and the laws of the State o 11 California; and 12 WHEREAS, the Community Development Commission of the City of San Bernardino (the 13 "Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the ® 14 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California, 15 organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24 16 commencing with Section 33000)of the Health and Safety Code of the State of California(the"Act"); 17 and 18 WHEREAS,pursuant to Section 33445.1 of the Act,the Agency may,with the consent of the 19 Mayor and Common Council of the City of San Bernardino(the"Council'),pay all or a part of the cost 20 of installation and construction of any building, facility, structure or other improvement which is 21 publicly owned and is located outside and not contiguous to a redevelopment project area,but is located 22 within the community, with monies allocated to such redevelopment project area if the Council 23 determines: (1) that the installation or construction of such buildings, facilities, structures or other 24 improvements are of primary benefit to the redevelopment project area; (2) that the installation or 25 construction of the buildings, facilities, structures, or other improvements benefits the project area by 26 aiding in the elimination of blight within the redevelopment project area; (3)that no other reasonable © 27 means of financing the installation or construction of such buildings, facilities, structures or other 28 improvements are available to the community; (4) that the payment of funds for the cost of the 1 a C 1 buildings, facilities, structures or other improvements is consistent with the implementation plan C 2 adopted pursuant to Health and Safety Code Section 33490; and (5) that the installation of each 3 building, facility, structure,or improvement is provided for in the redevelopment plan. 4 WHEREAS, the Council and the Commission have previously approved and adopted the 5 Redevelopment Plan for the Central City North Redevelopment Project Area("Central City North"); 6 and 7 WHEREAS, it is in the interest of the present landowners within Central City North and the 8 residents, both within Central City North and within the City generally, that the Agency cause the 9 funding of a Professional Services Agreement("Agreement")by and between the Agency and Vanir 10 Construction Management, Inc. ("Contractor"), for the California Theatre of the Performing Arts 11 ("Theatre") Seismic and Building Addition Integration, Preliminary Estimate and Functional Study 12 Project("Project")of the Agency owned property at 562 West 4`n Street,future additions and existing 13 buildings on the block bounded by 0 5`n "E" and "F" Streets (the "Property") within Central City © 14 North; and 15 WHEREAS,Phase 1, consisting of a Revit Study Model of the existing Theatre,will help the 16 Agency and its consultants consider future design options for future Theatre additions; and 17 WHEREAS,Phase 2 will,using existing information provided by a structural engineer,provide 18 three studies consisting of (1) the proposed east building addition, (2) the east building addition 19 including a list of recommended building space functions as may be suggested by Agency staff,and(3) 20 analysis of design options utilizing space and property on the west side of the Theatre; and 21 WHEREAS,Phase 2 will study potential site impacts within a 100 foot area surrounding the 22 Theatre; and 23 WHEREAS,the culmination of Phases 1 and 2 will result in a preliminary estimate of the unit 24 and square footage costs,from current estimating cost data sources,Of the Theatre's proposed structural 25 and functional renovation; and 26 WHEREAS, Phase 3 will consist of a massing model of all existing buildings within the 027 Theatre's block; and 28 2 i I I OI WHEREAS,the Theatre and the City's surrounding Theatre District serves all residents of the 2 City;and 3 WHEREAS,approximately 100 jobs are curre ntly supported by the continued operations at the 4 Theatre with a similar amount to be created with the addition of the new retail office space proposed for 5 the east side of the Theatre;and 6 WHEREAS,the Theatre,when completed will have a positive economic and social impact on 7 various City, retail, business, educational and commercial functions, which service the residents, 8 workers and business owners within all of the City's Redevelopment Project Areas and in particular the 9 State College Redevelopment Project Area(the State College Redevelopment Project Area is herein 10 referred to as the"Benefited Project Area'; and 11 WHEREAS,the aforementioned Benefited Project Area is in proximity to Central City North as I 12 it is located within less than 1.75 miles of each other, and the Agreement, Theatre, and Project serve 13 social, commercial, retail, and other community needs of the Benefited Project Area and provide O14 functions that cannot be provided separately within the Benefited Project Area; and 15 WHEREAS, Central City North is suffering from stagnant property values and impaired 16 investments,the property owners within Central City North do not have the ability to bear the cost of 17 any additional special assessments,taxes, or other charges, and in order to promote the City's health, 18 safety and welfare, it is important that the Agency fund the costs of the Project; and 19 WHEREAS,the funding of the Project is imperative for the substantial and complete restoration 20 of the Theatre; and 21 WHEREAS,in connection with the funding of the Project,it is proposed that the Agency shall 22 utilize revenues attributable to the Benefited Project Area in an amount equal to $88,000; and 23 WHEREAS, it is appropriate at this time for the Commission to approve and authorize the 24 Interim Executive Director to execute said Agreement for the Project and for the Commission to make 25 certain findings and determinations and take certain actions with respect to the Agency's funding ofthe 26 Project. 27 NOW,THEREFORE,THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 28 OF SAN BERNARDINO DOES HEREBY RESOLVE,DETERMINE AND ORDER,AS FOLLOWS: 3 ti 1 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this 2 reference. 3 Section 2. The Commission hereby authorizes the payment by the Agency of those costs 4 required by the Agreement for the Theatre's Seismic and Building Addition Integration,Preliminary 5 Estimate and Functional Study Project in order to ensure the economic enhancements and stability of 6 the Benefited Project Area and other neighborhoods within the City for the reasons set forth in the 7 Recitals hereinabove. The Commission also finds and determines that:(1)the Project and its projected 8 buildings, facilities, structures, or other improvements are of primary benefit to the Benefited Project 9 Area;(2)the Project and the installation or construction of the projected buildings,facilities,structures, 10 or other improvements benefits the Benefited Proj ect Area by aiding in the elimination of blight within { 11 the Benefited Project Area;(3)no other reasonable means of financing the Project or the installation or j12 construction of the projected buildings,facilities,structures or other improvements are available to the 13 community;(4)the payment of funds for the cost of the Project,buildings,facilities,structures or other C) 14 improvements is consistent with the implementation plan adopted pursuant to Health and Safety Code 15 Section 33490; and (5) the Project and the installation and construction of such projected buildings, 16 facilities, structures, or improvements pursuant to the Project are provided for in the redevelopment 17 plan. 18 Section 3. This Resolution shall take effect from and after its date of adoption by this 19 Commission. 20 21 22 23 24 25 26 027 28 4 © RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 1 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 2 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A 3 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND VANIR CONSTRUCTION MANAGEMENT, INC., FOR THE 4 SEISMIC AND BUILDING ADDITION INTEGRATION, PRELIMINARY 5 ESTIMATE AND FUNCTIONAL STUDY PROJECT AT THE CALIFORNIA THEATRE OF THE PERFORMING ARTS (CENTRAL CITY NORTH 6 REDEVELOPMENT PROJECT AREA) 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 meeting 9 thereof,held on the day of 2010,by the following vote to wit: 10 Commission Members: Ayes Nays Abstain Absent 11 MARQUEZ — 12 DESJARDINS — 13 BRINKER — © 14 SHORETT — 15 KELLEY — 16 JOHNSON — 17 MC CAMMACK — 18 Secretary 19 20 The foregoing Resolution is hereby approved this day of 12010. 21 22 Patrick J. Morris,Chairperson 23 Community Development Commission of the City of San Bernardino 24 25 Approved as to Form: 26 © 27 By: Agen unsel 28 5 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY CFROM: Emil A. Marcullo SUBJECT: Vanir Construction Management, Inc. - Interim Executive Director Professional Services Agreement to complete the Seismic and Building addition Integration, Preliminary Estimate and Functional Study at DATE: May 12,2010 the California Theatre of the Performing Arts Synopsis of Previous Commission/Council/Committee Action(s): On April 8, 2010, Redevelopment Committee Members Johnson, Brinker and Alternate Shorett unanimously voted to recommend that the Mayor and Common Council and the Community Development Commission consider this action for approval. Recommended Motion(s): (Mayor and Common Council A' Resolution of the Mayor and Common Council of the City of San Bernardino approving and consenting to the funding of a Professional Services Agreement by and between the Redevelopment Agency of the City of San Bernardino and Vanir Construction Management, Inc., for the seismic and building addition integration, preliminary estimate and functional study project at the California Theatre of the Performing Arts ("Califomia Theatre") and making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 as to the benefit to the State College Redevelopment Project Area for the undertaking of the preliminary estimate and the functional study of the California Theatre, future building addition proposals and the existing buildings located on the block bounded By 0, 56,"E"and"F'Streets(Central City North Redevelopment Project Area) �r (Community Development Commission) B: 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 a Professional Services Agreement by and between the Agency and Vanir Construction Management, Inc., for the seismic and building addition integration, preliminary estimate and functional study project at the California Theatre of the Performing Arts(Central City North Redevelopment Project Area) Contact Pcrson(s): John Dohm Phone: (909)663-1044 Central City North Project Area(s): Redevelopment Project Area Ward(s): I Supporting Data Attached: 0 Staff Report O Resolution(s) 0 Agreement(s)/Conmict(s) O Map(s)13 Letter(s) State College Redevelopment Project Area FUNDING REQUIREMENTS: Amount: $ $88,000 Source: Tax Increment Fund Account Budget Authority: 2009-2010 Budget Signature: Fiscal Review: Emil A. Marzullo,Interim Executive Director Lori Pa o " le nterim dministmtive Services Director Commission/Council Notes: © rue.,bu�tommo...c,,.,,a,;a,rcocwivusn.iov„„w.ww .r.,r®o�w ,As msa.� COMMISSION MEETING AGENDA Meeting Date: 05/172010 Agenda Item Number: 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND CONSENTING TO THE FUNDING OF 3 A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND VANIR CONSTRUCTION MANAGEMENT, INC., FOR THE SEISMIC AND 5 BUILDING ADDITION INTEGRATION, PRELIMINARY ESTIMATE AND FUNCTIONAL STUDY PROJECT AT THE CALIFORNIA THEATRE OF THE 6 PERFORMING ARTS("CALIFORNIA THEATRE")AND MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH AND SAFETY 7 CODE SECTION 33445.1 AS TO THE BENEFIT TO THE STATE COLLEGE S REDEVELOPMENT.PROJECT AREA FOR THE UNDERTAKING OF THE PRELIMINARY ESTIMATE AND THE FUNCTIONAL STUDY OF THE 9 CALIFORNIA THEATRE,FUTURE BUILDING ADDITION PROPOSALS AND THE EXISTING BUILDINGS LOCATED ON THE BLOCK BOUNDED BY 4Tn, 10 5TH, "E" AND "F" STREETS (CENTRAL CITY NORTH REDEVELOPMENT I1 PROJECT AREA) 12 WHEREAS,the City of San Bernardino,California(the"City"),is a municipal corporation and 13 a charter City duly created and existing pursuant to the Constitution and the laws of the State of 14 California; and 15 WHEREAS,the Community Development Commission of the City of San Bernardino (the 16 "Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the 17 "Agency"),is a redevelopment agency,a public body,corporate and politic of the State of California, 18 organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24 19 commencing with Section 33000)of the Health and Safety Code of the State of California(the"Act"); 20 and 21 WHEREAS,pursuant to Section 33445.1 of the Act,the Agency may,with the consent of the 22 Mayor and Common Council of the City of San Bernardino(the"Council"),pay all or apart of the cost 23 of installation and construction of any building, facility, structure or other improvement which is 24 publicly owned and is located outside and not contiguous to a redevelopment project area,but is located 25 within the community, with monies allocated to such redevelopment project area if the Council 26 determines: (1) that the installation or construction of such buildings, facilities, structures or other 027 improvements are of primary benefit to the redevelopment project area; (2) that the installation or 28 construction of the buildings, facilities, structures,or other improvements benefits the project area by 1 OI aiding in the elimination of blight within the redevelopment project area; (3)that no other reasonable 2 means of financing the installation or construction of such buildings, facilities, structures or other 3 improvements are available to the community; (4) that the payment of funds for the cost of the 4 buildings, facilities, structures or other improvements is consistent with the implementation plan 5 adopted pursuant to Health and Safety Code Section 33490; and (5) that the installation of each 6 building,facility, structure,or improvement is provided for in the redevelopment plan. 7 WHEREAS,the Council and the Commission have previously approved and adopted the 8 Redevelopment Plan for the Central City North Redevelopment Project Area("Central City North"); 9 and 10 WHEREAS, it is in the interest of the present landowners within Central City North and the 11 residents, both within Central City North and within the City generally, that the Agency cause the 12 funding of a Professional Services Agreement("Agreement")by and between the Agency and Vanir 13 Construction Management, Inc. ("Contractor"), for the California Theatre of the Performing Arts Q14 ("Theatre") Seismic and Building Addition Integration, Preliminary Estimate and Functional Study 15 Project("Project")of the Agency owned property at 562 West 4a'Street,future additions and existing 16 buildings on the block bounded by 4`h, 5u', "E" and "F" Streets (the "Property") within Central City 17 North; and 18 WHEREAS, Phase 1,consisting of a Revit Study Model of the existing Theatre, will help the 19 Agency and its consultants consider future design options for future Theatre additions; and 20 WHEREAS,Phase 2 will,using existing information provided by a structural engineer,provide 21 three studies consisting of (1) the proposed east building addition, (2) the east building addition 22 including a list of recommended building space functions as may be suggested by Agency staff,and(3) 23 analysis of design options utilizing space and property on the west side of the Theatre; and 24 WHEREAS, Phase 2 will study potential site impacts within a 100 foot area surrounding the 25 Theatre;and 26 WHEREAS,the culmination of Phases I and will result in a preliminary estimate of the unit 0 27 and square footage costs,from current estimating cost data sources,of the Theatre's proposed structural 28 and functional renovation; and 2 i 1 WHEREAS, Phase 3 will consist of a massing model of all existing buildings within the © 2 Theatre's block; and 3 WHEREAS,the Theatre and the City's surrounding Theatre District serves all residents of the 4 City;and 5 WHEREAS,approximately 100 jobs are currently supported by the continued operations at the 6 Theatre with a similar amount to be created with the addition of the new retail office space proposed for 7 the east side of the Theatre; and 8 WHEREAS,the Theatre,when completed will have a positive economic and social impact on 9 various City, retail, business, educational and commercial functions, which service the residents, 10 workers and business owners within all of the City's Redevelopment Project Areas and in particular the 11 State College Redevelopment Project Area(the State College Redevelopment Project Area is herein 12 referred to as the`Benefited Project Area"); and 13 WHEREAS,the aforementioned Benefited Project Area is in proximity to Central City North as ® 14 it is located within less than 1.75 miles of each other, and the Agreement, Theatre, and Project serve 15 social, commercial, retail, and other community needs of the Benefited Project Area and provide 16 functions that cannot be provided separately within the Benefited Project Area; and 17 WHEREAS, Central City North is suffering from stagnant property values and impaired 18 investments,the property owners within Central City North do not have the ability to bear the cost of 19 any additional special assessments,taxes, or other charges, and in order to promote the City's health, 20 safety and welfare, it is important that the Agency fund the costs of the Project; and 21 WHEREAS,the funding of the Project is imperative for the substantial and complete restoration 22 of the Theatre; and 23 WHEREAS,in connection with the funding of the Project,it is proposed that the Agency shall 24 utilize revenues attributable to the Benefited Project Area in an amount equal to $88,000; and 25 WHEREAS, it is appropriate at this time for the Commission, pursuant to separate action 26 pursuant to this Resolution, to approve and authorize the Interim Executive Director to execute said 027 Agreement for the Project and for the Commission to make certain findings and determinations and take 28 certain actions with respect to the Agency's funding of the Project. 3 ..__.__..___._._.o....._n�nvenan_ma..:.[me.nion.LA TM1mrtSeinnicPmieF MCC 0.nodx C I NOW,THEREFORE,IT is HEREBY RESOLVED,DETERMINED AND ORDERED BY 2 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 3 FOLLOWS: 4 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this 5 reference. 6 Section 2. The Council hereby approves and consents to the payment by the Agency of 7 those costs required by the Agreement for the Theatre's Seismic and Building Addition Integrationj 8 Preliminary Estimate and Functional Study Project in order to ensure the economic enhancements and 9 stability of the Benefited Project Area and other neighborhoods within the City for the reasons set forth 10 in the Recitals hereinabove. The Council also finds and determines that:(1)the Project and its projected I I buildings, facilities, structures, or other improvements are of primary benefit to the Benefited Project 12 Area;(2)the Project and the installation or construction of the projected buildings,facilities,structures, 13 or other improvements benefits the Benefited Project Area by aiding in the elimination oflilight within C14 the Benefited Project Area;(3)no other reasonable means of financing the Project or the installation or 15 construction of the projected buildings,facilities,structures or other improvements are available to the 16 community;(4)the payment of funds for the cost of the Project,buildings,facilities,structures or other 17 improvements is consistent with the implementation plan adopted pursuant to Health and Safety Code 18 Section 33490; and (5) the Project and the installation and construction of such projected buildings, 19 facilities, structures, or improvements pursuant to the Project are provided for in the redevelopment 20 plan. 21 Section 3. This Resolution shall take effect upon its adoption and execution in the manner as 22 required by the City Charter. 23 24 25 26 C27 28 4 i RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND CONSENTING TO THE FUNDING OF © 1 2 A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND 3 VANIR CONSTRUCTION MANAGEMENT, INC., FOR THE SEISMIC AND BUILDING ADDITION INTEGRATION, PRELIMINARY ESTIMATE AND i 4 FUNCTIONAL STUDY PROJECT AT THE CALIFORNIA THEATRE OF THE 5 PERFORMING ARTS("CALIFORNIA THEATRE")AND MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH AND SAFETY 6 CODE SECTION 33445.1 AS TO THE BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA FOR THE UNDERTAKING OF THE 7 PRELIMINARY ESTIMATE AND THE FUNCTIONAL STUDY OF THE CALIFORNIA THEATRE,FUTURE BUILDING ADDITION PROPOSALS AND 8 THE EXISTING BUILDINGS LOCATED ON THE BLOCK BOUNDED BY 4T", 9 5TH, "E" AND "F" STREETS (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 10 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 11 meelu gthffw> held Common Council of the City of San Bernardino at a 12 on the day of 2010,by the following vote to wit: i 13 Abstain Absent i Council Members: Ayes Nays © 14 MARQUEZ — 15 DESJARDINS — 16 BRINKER — 17 SHORETT — 18 KELLEY — 19 JOHNSON — 20 MC CAMMACK — 21 22 Rachel G. Clark, City Clerk 23 The foregoing Resolution is hereby approved this day of 12010. 24 25 Patrick J. Moms, Mayor 26 City of San Bernardino Approved as to Form: 027 By: 28 James F. Penman, City Attorney 5 I RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 3 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY 4 OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE 5 AGENCY AND VANIR CONSTRUCTION MANAGEMENT, INC., FOR THE SEISMIC AND BUILDING ADDITION INTEGRATION, PRELIMINARY 6 ESTIMATE AND FUNCTIONAL STUDY PROJECT AT THE CALIFORNIA THEATRE OF THE PERFORMING ARTS (CENTRAL CITY NORTH 7 REDEVELOPMENT PROJECT AREA) 8 9 WHEREAS,the City of San Bernardino,California(the"City"),is a municipal corporation and 10 a charter City duly created and existing pursuant to the Constitution and the laws of the State of 11 California;and 12 WHEREAS, the Community Development Commission of the City of San Bernardino (the 13 "Commission') acting on behalf of the Redevelopment Agency of the City of San Bernardino (the © 14 "Agency"),is a redevelopment agency, a public body,corporate and politic of the State of California, 15 organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24 16 commencing with Section 33000)of the Health and Safety Code of the State of California(the"Act'); 17 and 18 WHEREAS,pursuant to Section 33445.1 of the Act,the Agency may,with the consent of the 19 Mayor and Common Council of the City of San Bernardino(the"Council"),pay all or a part of the cost 20 of installation and construction of any building, facility, structure or other improvement which is 21 publicly owned and is located outside and not contiguous to a redevelopment project area,but is located 22 within the community, with monies allocated to such redevelopment project area if the Council 23 determines: (1) that the installation or construction of such buildings, facilities, structures or other 24 improvements are of primary benefit to the redevelopment project area; (2) that the installation or 25 construction of the buildings, facilities, structures, or other improvements benefits the project area by 26 aiding in the elimination of blight within the redevelopment project area; (3)that no other reasonable C27 means of financing the installation or construction of such buildings, facilities, structures or other 28 improvements are available to the community; (4) that the payment of funds for the cost of the 1 I buildings, facilities, structures or other improvements is consistent with the implementation plan 2 adopted pursuant to Health and Safety Code Section 33490; and (5) that the installation of each 3 building, facility, structure, or improvement is provided for in the redevelopment plan. 4 WHEREAS, the Council and the Commission have previously approved and adopted the 5 Redevelopment Plan for the Central City North Redevelopment Project Area("Central City North"); 6 and 7 WHEREAS, it is in the interest of the present landowners within Central City North and the 8 residents, both within Central City North and within the City generally, that the Agency cause the 9 funding of a Professional Services Agreement("Agreement")by and between the Agency and Vanir 10 Construction Management, Inc. ("Contractor"), for the California Theatre of the Performing Arts 11 ("Theatre') Seismic and Building Addition Integration, Preliminary Estimate and Functional Study 12 Project("Project")of the Agency owned property at 562 West 4th Street, future additions and existing 13 buildings on the block bounded by 40, 5a', "E" and "F" Streets (the "Property") within Central City ® 14 North; and 15 WHEREAS,Phase 1, consisting of a Revit Study Model of the existing Theatre, will help the 16 Agency and its consultants consider future design options for future Theatre additions; and 17 WHEREAS,Phase 2 will,using existing information provided by a structural engineer,provide 18 three studies consisting of (1) the proposed east building addition, (2) the east building addition 19 including a list of recommended building space functions as may be suggested by Agency staff,and(3) 20 analysis of design options utilizing space and property on the west side of the Theatre; and 21 WHEREAS, Phase 2 will study potential site impacts within a 100 foot area surrounding the 22 Theatre; and 23 WHEREAS,the culmination of Phases 1 and 2 will result in a preliminary estimate of the unit 24 and square footage costs,from current estimating cost data sources,of the Theatre's proposed structural 25 and functional renovation; and 26 WHEREAS, Phase 3 will consist of a massing model of all existing buildings within the O27 Theatre's block; and 28 III i 2 0 1 WHEREAS,the Theatre and the City's surrounding Theatre District serves all residents of the 2 City; and 3 WHEREAS,approximately 100 jobs are currently supported by the continued operations at the 4 Theatre with a similar amount to be created with the addition of the new retail office space proposed for 5 the east side of the Theatre; and 6 WHEREAS,the Theatre,when completed will have a positive economic and social impact on 7 various City, retail, business, educational and commercial functions, which service the residents, 8 workers and business owners within all of the City's Redevelopment Project Areas and in particular the 9 State College Redevelopment Project Area (the State College Redevelopment Project Area is herein 10 referred to as the"Benefited Project Area"); and 11 WHEREAS,the aforementioned Benefited Project Area is in proximity to Central City North as 12 it is located within less than 1.75 miles of each other, and the Agreement, Theatre, and Project serve 13 social, commercial, retail, and other community needs of the Benefited Project Area and provide Q14 functions that cannot be provided separately within the Benefited Project Area; and 15 WHEREAS, Central City North is suffering from stagnant property values and impaired 16 investments,the property owners within Central City North do not have the ability to bear the cost of 17 any additional special assessments,taxes,or other charges, and in order to promote the City's health, 18 safety and welfare, it is important that the Agency fund the costs of the Project; and 19 WHEREAS,the funding of the Project is imperative for the substantial and complete restoration 20 of the Theatre; and 21 WHEREAS,in connection with the funding of the Project,it is proposed that the Agency shall 22 utilize revenues attributable to the Benefited Project Area in an amount equal to $88,000; and 23 WHEREAS, it is appropriate at this time for the Commission to approve and authorize the 24 Interim Executive Director to execute said Agreement for the Project and for the Commission tc make 25 certain findings and determinations and take certain actions with respect to the Agency's funding of the C26 Project. 27 NOW,THEREFORE,THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 28 OF SAN BERNARDINO DOES HEREBY RESOLVE,DETERMINE AND ORDER,AS FOLLOWS: 3 i 1 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this © 2 reference. 3 Section 2. The Commission hereby authorizes the payment by the Agency of those costs 4 required by the Agreement for the Theatre's Seismic and Building Addition Integration, Preliminary 5 Estimate and Functional Study Project in order to ensure the economic enhancements and stability of 6 the Benefited Project Area and other neighborhoods within the City for the reasons set forth in the 7 Recitals hereinabove. The Commission also finds and determines that: (1)the Project and its projected 8 buildings, facilities,structures, or other improvements are of primary benefit to the Benefited Project 9 Area;(2)the Project and the installation or construction of the projected buildings,facilities,structures, 10 or other improvements benefits the Benefited Project Area by aiding in the elimination of blight within 11 the Benefited Project Area;(3)no other reasonable means of financing the Project or the installation or 12 construction of the projected buildings,facilities, structures or other improvements are available to the 13 community; (4)the payment of funds for the cost of the Project,buildings,facilities,structures or other, © 14 improvements is consistent with the implementation plan adopted pursuant to Health and Safety Code 15 Section 33490; and (5) the Project and the installation and construction of such projected buildings, 16 facilities, structures, or improvements pursuant to the Project are provided for in the redevelopment 17 plan. 18 Section 3. This Resolution shall take effect from and after its date of adoption by this 19 Commission. 20 21 22 23 24 25 26 O27 28 /l1 4 eJ....A.AP.u1...mxAe...Jmw.A]n11b5.1i111 VmuCmao9enCA TlOVG 5fY11ic VroRG CDC RtlO E% RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 1 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 2 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A 3 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND VANIR CONSTRUCTION MANAGEMENT, INC., FOR THE 4 SEISMIC AND BUILDING ADDITION INTEGRATION, PRELIMINARY 5 ESTIMATE AND FUNCTIONAL STUDY PROJECT AT THE CALIFORNIA THEATRE OF THE PERFORMING ARTS (CENTRAL CITY NORTH 6 REDEVELOPMENT PROJECT AREA) 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 meeting 9 thereof,held on the day of 2010,by the following vote to wit: 10 Commission Members: Ayes Nays Abstain Absent 11 MARQUEZ — 12 DESJARDINS — 13 BRINKER — ® 14 SHORETT — 15 KELLEY — 16 JOHNSON — 17 MC CAMMACK — 18 Secretary 19 20 The foregoing Resolution is hereby approved this day of 2010. 21 22 Patrick J. Morris, Chairperson 23 Community Development Commission of the City of San Bernardino 24 25 Approved as to Form: 26 027 By: Agen'61&bunsel a 28 5 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGREEMENT FOR PROFESSIONAL SERVICES VANIR CONSTRUCTION MANAGEMENT,INC. This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into as of May 17, 2010 by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("Agency"), a public body, corporate and politic, and Vanir Construction Management, Inc., ("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 responsible for the direction of any work to be performed by the Consultant and any other consultants or subconsultants to the Agency under this Agreement are: i 1. John Dohm, Senior Administrative Real Estate Analyst 2. Don Gee, Deputy Director 3. Emil Marzullo,Executive Director 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. Prior to the commencement of work the Consultant shall provide the Agency with the following: a. A Copy of the Consultant's City of San Bernardino Business License b. Proof of Comprehensive General Liability Insurance (See Exhibit`B") c. Proof of Errors and Omissions Coverage (See Exhibit`B") 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 I P Vgen&AAgenda AnachmemMpe aAttxhn AAp Lt Amed"]"5.17.10 VwrConam m-ROf voml Swi=Agremnom CA TAUtrt geiwicW FSAoc as Exhibit "A" and incorporated herein by this reference. The Consultant hereby agrees to a.. 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$88,000 for completion of the services described in the Scope of Services set forth in Exhibit "A." due upon satisfactory completion of the assignment. 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 subcontractors 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 upon satisfactory completion of the assignment. D. The Consultant shall submit invoices under this Agreement to: Redevelopment Agency of the City of San Bernardino Attention: John Dohm,Senior Administrative Real Estate Analyst 201 North`eE" Street, Suite 301 San Bernardino, California 92401 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 5 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 C 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 2 P\AEen&AABenda At ChMM,,Ag".AW&...kA lsrA SO1M.17-10 Vanir Cav j..FMeliwal Swim Aglcemem CA Tl .Sa.ic aM FSAW omissions of the Consultant, its officers, employees, subcontractors 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 "B" 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 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 3 P V g.d.AAga ArtrAm AASp .Atutli..W,.Am 3111005.17-10 Vmir Cau.j..Pro ..t Smi A,..CA 1 tt 5.,.k W FS drc 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 parry 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 parry. 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 after 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 j PMgmduV4m A"acM vm Vq M,AUrA s\Aurmis-Amend 201=5.11-10 V,mr CwwW -RO� Sa MAgr�w CATh m smtAM FS dM t 3 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 ply. CONSULTANT: Vanir Construction Management, Inc. 290 North feD" Street, Suite 900 San Bernardino,CA 92401 AGENCY: Redevelopment Agency of the City of San Bernardino Attention: John Dohm, Senior Administrative Real Estate Analyst 201 North"E" Street, Suite 301 j 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 and registrations for the lawful performance of the work required of the j 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 SUBCONTRACTOR 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 subcontractors 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 subcontractors to perform any item of work described in the Scope of Services. The Consultant is entirely responsible for the immediate payment of all subcontractor liens. O 5 P9Agendas Arnda AmeM1men Mpoda Atlachmam9Agmms.AmviE 101W5-17.10 Vanir Cow von-Pmfoanonal Servims Agoonem CA Tlmtm Sams-and FS doe 17.SEVERABILITY. Each and every section of this Agreement shall be construed as a separate v... 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 f executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent. :i 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. j 26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests 3 adverse to the Agency or the City at the time of execution of this Agreement. 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 6 PIAPn4as\ pnda AMOMm UUBWl An=hmw =m Am 301=5.II.10VwrCOnuuiion-Profaspr+lSmicev Aprttmem CA nm Sman is and FSdm r^ and any partnerships, individual persons or any other party or parties comprising the Consultant, together with each subcontractor 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 "A" or any similar or related services. The Agency may, during the term of this Agreement, contract 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 AND 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 contract, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section 28 shall apply regardless of fault, breach of contract, tort, strict liability or otherwise of the Consultant and the Agency, their employees or subconsultants. 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. /I/ 7 P WgeMas\Agenda Auadmems\Agenda Attahmm4\Ag ts.Amend 1 IPA5.1 7-10 VmirCmNUCtion Pmf.s..aJ Sw.1 Ag¢menl CA Thuve Stismic and FS d., 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 Dated: Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic By: Emil A. Marzullo,Interim Executive Director Approved as to Form and Legal Content: By: k✓' Agency Cou el CONSULTANT Vanir Construction Management, Inc. Dated: By: David R. Anderson,Vice President/Area Manager 8 P\&Se U\Age M WM \Age �\AV An 201=5.17.10 Ve Cmu inn-Pm monal Se ims A,re enl CA nmm Su,mic&r FS dm i EXHIBIT "A" SCOPE OF SERVICES The scope of work for the California Theatre of the Performing Arts (the "Theatre") Seismic and Building Addition Integration, Preliminary Estimate and Functional Study, located at 562 West 4a. Street,San Bernardino is comprised of three(3)phases as follows: 3 Phase l: "Revit Study Model" j I_ Vanir Construction Management, Inc. (the "Consultant") will develop a Revit Study Model of I the existing Theatre configuration; with a simplified level of detail limited to the building's interior and exterior. While not fully field measured as accurate, the representation will provide sufficient detail to help the Redevelopment Agency of the City of San Bernardino (the "Agency") and its affiliates consider future design options. This will not be an "as-built" model of existing conditions, as that would require extensive discovery and document development not required for this level of preliminary analysis. 2. The model will show basic interior plans and elevations utilizing drawings and documents provided by the Agency, site review(s) and field photographs. 3. The consultant will approximate the doors and windows utilizing drawings and documents provided by the Agency, site review(s) and field photographs. Detailed elements such as © parapets, fenestrations etc. will be generalized to depict a representation of the interior and exterior detail. Phase 2: Building on the Study Model developed in Phase 1; Phase 2 will include information provided by Len Knapp (the"Structural Engineer"), limited to a representation of the structural components. The Consultant will provide three studies of building adjacencies: 1. The east building addition, currently designed to be rectangular based on the structural 1 engineer's proposed structural solution. 2. The east building addition developed in coordination with the Agency and the California Theatre staffs wish list items into the study model, plus coordination with the Structural Engineer for possible revision to the structural solution resulting from functional solutions. 3. The Consultant will perform an analysis of design options available by utilizing space and property on the west side of the Theatre. Potential site impacts will be studied within an approximate 100 foot area surrounding the Theatre. The culmination of Phases 1 and 2 will result in a "Preliminary Estimate" of the proposed building structural and functional renovation. This "Preliminary Estimate" shall be limited to general unit and square footage cost as derived from current estimating cost data sources. The estimate will be a useful tool for the Agency in estimating an overall project cost estimate in the future. 9 P 1AVe ApWa M�%%ApMe AVnrM MAp AmeMNIWP 17-I0VVr Connnceion-Prafcsei JServiu,Agrecmem CA Tlieelrt Seamic eM FS.doc Phase 3: Site Study Model 1. A "Massing Model' of all existing buildings v✓ithin the entire block (bounded by 4`", 5a', "F,, and "F" Streets) including building facades across the street that will be developed to further analyze the functional relationship of the Theatre with the surrounding buildings. All existing buildings will be based on Google map layout. j 2. The buildings within the block defined will be represented by exterior modeling only and a i generic interpretation of materials will be provided. 3. Doors and windows of approximate size and location will be provided based on photo data and site observation. 4. Surface improvements will be evolved to provide a general representation of impacts based on Google Mapping. 5. Grade changes and contours will not be provided as they are not required for this level of analysis. Utilities or subsurface will also not be identified in this study. 10 P'VAgeMUAgeM AIIecBmeds%A,e it ims-11-ID Vanir Cme ..n -Pmf.W.M15 ims Ag�CA Thwre Seismic aM FSd EXHIBIT "B" 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 Contractor shall maintain comprehensive general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit, per occurrence. The Contractor must provide Comprehensive General Liability Insurance Policy with appropriate endorsement for builder's course of construction and fire casualty loss. (2) Automobile Insurance. The Consultant and each of its subcontractors shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for each vehicle leased or owned by the Consultant or its subcontractors and used in performing work under this Agreement. (2) Worker's Compensation Insurance. The Consultant and each of its subcontractors shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Consultant's and/or subcontractors employment performing work under this Agreement. (3) 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). 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. j 11 P:Wgenpas\Apcntla A"eohmenu\A,mdl 41e0 n A,rmis.Am 1010\05-11-10 Vanir Consvoaion-Pmfmioul Svvim Afmcmcm CA Thal¢S =w aM FS.tloa COPY © 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 3 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY 4 OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE 5 AGENCY AND VANIR CONSTRUCTION MANAGEMENT, INC., FOR THE SEISMIC AND BUILDING ADDITION INTEGRATION, PRELIMINARY 6 ESTIMATE AND FUNCTIONAL STUDY PROJECT AT THE CALIFORNIA THEATRE OF THE PERFORMING ARTS (CENTRAL CITY NORTH 7 REDEVELOPMENT PROJECT AREA) 8 9 WHEREAS,the City of San Bernardino,California(the"City"),is a municipal corporation and 10 a charter City duly created and existing pursuant to the Constitution and the laws of the State of 11 California; and 12 WHEREAS, the Community Development Commission of the City of San Bernardino (the 13 "Commission') acting on behalf of the Redevelopment Agency of the City of San Bernardino (the Q14 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California, 15 organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24 16 commencing with Section 33000)of the Health and Safety Code of the State of California(the"Act'); 17 and 18 WHEREAS,pursuant to Section 33445.1 of the Act,the Agency may,with the consent of the 19 Mayor and Common Council of the City of San Bernardino(the"Council'),pay all or a part of the cost 20 of installation and construction of any building, facility, structure or other improvement which is 21 publicly owned and is located outside and not contiguous to a redevelopment project area,but is located 22, within the community, with monies allocated to such redevelopment project area if the Council 23 determines: (1) that the installation or construction of such buildings, facilities; structures or other 24 improvements are of primary benefit to the redevelopment project area; (2) that the installation or 25 construction of the buildings, facilities, structures, or other improvements benefits the project area by 26 aiding in the elimination of blight within the redevelopment project area; (3)that no other reasonable ® 27 means of financing the installation or construction of such buildings, facilities, structures or other 28 improvements are available to the community; (4) that the payment of funds for the cost of the 1 i ® 1 buildings, facilities, structures or other improvements is consistent with the implementation plan 2 adopted pursuant to Health and Safety Code Section 33490; and (5) that the installation of each 3 building, facility, structure,or improvement is provided for in the redevelopment plan. 4 WHEREAS, the Council and the Commission have previously approved and adopted the 5 Redevelopment Plan for the Central City North Redevelopment Project Area("Central City North"); a 6 and 7 WHEREAS, it is in the interest of the present landowners within Central City North and the 8 residents, both within Central City North and within the City generally, that the Agency cause the 9 funding of a Professional Services Agreement("Agreement") by and between the Agency and Vanir 10 Construction Management, Inc. ("Contractor"), for the California Theatre of the Performing Arts 11 ("Theatre") Seismic and Building Addition Integration, Preliminary Estimate and Functional Study 12 Project("Project")of the Agency owned property at 562 West 4h Street,future additions and existing 13 buildings on the block bounded by 4`h, 5`h, "E" and "F" Streets (the "Property") within Central City O14 North;and 15 WHEREAS, Phase 1, consisting of a Revit Study Model of the existing Theatre, will help the 16 Agency and its consultants consider future design options for future Theatre additions; and 17 WHEREAS,Phase 2 will,using existing information provided by a structural engineer,provide 18 three studies consisting of (1) the proposed east building addition, (2) the east building addition 19 including a list of recommended building space functions as may be suggested by Agency staff,and(3) 20 analysis of design options utilizing space and property on the west side of the Theatre; and 21 WHEREAS, Phase 2 will study potential site impacts within a 100 foot area surrounding the 22 Theatre; and 23 WHEREAS,the culmination of Phases I and 2 will result in a preliminary estimate of the unit 24 and square footage costs,from current estimating cost data sources,of the Theatre's proposed structural 25 and functional renovation; and 26 WHEREAS, Phase 3 will consist of a massing model of all existing buildings within the © 27 Theatre's block; and 28 2 © 1 WHEREAS,the Theatre and the City's surrounding Theatre District serves all residents of the 2 City; and 3 WHEREAS,approximately 100 jobs are currently supported by the continued operations at the 4 Theatre with a similar amount to be created with the addition of the new retail office space proposed for 5 the east side of the Theatre; and 6 WHEREAS,the Theatre,when completed will have a positive economic and social impact on 7 various City, retail, business, educational and commercial functions, which service the residents, 8 workers and business owners within all of the City's Redevelopment Project Areas and in particular the 9 State College Redevelopment Project Area (the State College Redevelopment Project Area is herein 10 referred to as the"Benefited Project Area"); and 11 WHEREAS,the aforementioned Benefited Project Area is in proximity to Central City North as 12 it is located within less than 1.75 miles of each other, and the Agreement, Theatre, and Project serve 13 social, commercial, retail, and other community needs of the Benefited Project Area and provide Q14 functions that cannot be provided separately within the Benefited Project Area; and 15 WHEREAS, Central City North is suffering from stagnant property values and impaired 16 investments,the property owners within Central City North do not have the ability to bear the cost of 17 any additional special assessments,taxes, or other charges, and in order to promote the City's health, 18 safety and welfare, it is important that the Agency fund the costs of the Project;and 19 WHEREAS,the funding of the Project is imperative for the substantial and complete restoration 20 of the Theatre; and 21 WHEREAS,in connection with the funding of the Project,it is proposed that the Agency shall 22 utilize revenues attributable to the Benefited Project Area in an amount equal to $88,000;and 23 WHEREAS, it is appropriate at this time for the Commission to approve and authorize the 24 Interim Executive Director to execute said Agreement for the Project and for the Commission to make 25 certain findings and determinations and take certain actions with respect to the Agency's funding ofthe 26 Project. 27 NOW,THEREFORE,THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 28 OF SAN BERNARDINO DOES HEREBY RESOLVE,DETERMINE AND ORDER,AS FOLLOWS: 3 I Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this 2 reference. 3 Section 2. The Commission hereby authorizes the payment by the Agency of those costs 4 required by the Agreement for the Theatre's Seismic and Building Addition Integration, Preliminary 5 Estimate and Functional Study Project in order to ensure the economic enhancements and stability of 6 the Benefited Project Area and other neighborhoods within the City for the reasons set forth in the 7 Recitals hereinabove. The Commission also finds and determines that:(1)the Project and its projected 8 buildings, facilities, structures, or other improvements are of primary benefit to the Benefited Project 9 Area;(2)the Project and the installation or construction of the projected buildings,facilities,structures, 10 or other improvements benefits the Benefited Project Area by aiding in the elimination of blight within 11 the Benefited Project Area;(3)no other reasonable means of financing the Project or the installation or 12 construction of the projected buildings,facilities,structures or other improvements are available to the 13 community;(4)the payment of funds for the cost of the Project,buildings,facilities,structures or other Q14 improvements is consistent with the implementation plan adopted pursuant to Health and Safety Code 15 Section 33490; and (5) the Project and the installation and construction of such projected buildings, 16 facilities, structures, or improvements pursuant to the Project are provided for in the redevelopment 17 plan. 18 Section 3. This Resolution shall take effect from and after its date of adoption by this 19 Commission. 20 21 22 23 24 25 26 27 28 4 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 1 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 2 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A 3 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND VANIR CONSTRUCTION MANAGEMENT, INC., FOR THE 4 SEISMIC AND BUILDING ADDITION INTEGRATION, PRELIMINARY 5 ESTIMATE AND FUNCTIONAL STUDY PROJECT AT THE CALIFORNIA THEATRE OF THE PERFORMING ARTS (CENTRAL CITY NORTH 6 REDEVELOPMENT PROJECT AREA) 7 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a meeting 9 thereof, held on the day of 2010, by the following vote to wit: 10 Commission Members: Aves Nays Abstain Absent 11 MARQUEZ 12 DESJARDINS 13 BRINKER O14 SHORETT 15 KELLEY _ 16 JOHNSON 17 MC CAMMACK 18 Secretary 19 20 The foregoing Resolution is hereby approved this day of 12010. 21 22 Patrick J. Morris, Chairperson 23 Community Development Commission of the City of San Bernardino 24 25 Approved as to Form: 26 © 27 By Agen C unsel 28 5 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO I i AGREEMENT FOR PROFESSIONAL SERVICES VANIR CONSTRUCTION MANAGEMENT,INC. i j This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into as of May 17, 2010 by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("Agency"), a public body, corporate and politic, and Vanir Construction Management, Inc., ("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 responsible for the direction of any work to be performed by the Consultant and any other consultants or subconsultants to the Agency under this Agreement are: 1. John Dohm, Senior Administrative Real Estate Analyst ® 2. Don Gee, Deputy Director 3. Emil Matzullo, Executive Director 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 famished to the Agency in accordance with the Scope of Services as referenced in Section 3. Prior to the commencement of work the Consultant shall provide the Agency with the following: a. A Copy of the Consultant's City of San Bernardino Business License b. Proof of Comprehensive General Liability Insurance(See Exhibit `B") c. Proof of Errors and Omissions Coverage(See Exhibit eB") ® 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 1 P WgendasWgmda Aa¢hmenisUgenda Anachmmis\AgmvsA—e 30IM-17-10 Vanir Conurvnion-PmfessiotulS wiu3 Agre amem CA Thutrc Seismicand FSEm M— as Exhibit "A" 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$88,000 for completion of the services described in the Scope of Services set forth in Exhibit "A." due upon satisfactory completion of the assignment. 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 subcontractors 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. I C. The Consultant shall invoice the Agency for work performed by the Consultant under this Agreement upon satisfactory completion of the assignment. ' D. The Consultant shall submit invoices under this Agreement to: Redevelopment Agency of the City of San Bernardino Attention: John Dohm, Senior Administrative Real Estate Analyst 201 North"E" Street, Suite 301 San Bernardino, California 92401 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 5 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, 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 2 P\Agendas"pMa Anaamenls\Age aAn"bmenn\Agrrms-AmWNI MS-17-10 Vanir Conummion-Pmf.w..l Services A,r mml CA Tl ,v Seismicand FS.d. omissions of the Consultant, its officers, employees, subcontractors 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 `B" 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, j 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 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 3 P:U,edWAgmda Anacgm<nuUgende Allnh ems Agrmu-Amend]0M05-1]-10 Vanir Conmr ion-Pmfcsional Sn ius Agmamem CA Thane Saismica FS daa 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 performance of the Scope of Services of this Agreement to the Agency, within ten (10)calendar days after 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 �•r or by overnight delivery by a nationally recognized delivery service to the addresses set forth 4 PUgendasUgeMa A"¢h—,M,eM Au.h..M,. AmeM 201M$.17.10 V.nir Conm.Ilon-PmkWwul Service A,,nmem CA n.,c Seismic and FS d. 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: Vanir Construction Management, Inc. 290 North"D" Street, Suite 900 San Bernardino, CA 92401 AGENCY: Redevelopment Agency of the City of San Bernardino Attention: John Dohm, Senior Administrative Real Estate Analyst 201 North"E" Street, Suite 301 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 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 SUBCONTRACTOR 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 subcontractors 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 subcontractors to perform any item of work described in the Scope of Services. The Consultant is entirely responsible for the immediate payment of all subcontractor liens. 5 P wgnd<,wg<M<MiechmemMgend<AIO<Lmenls AVft.AmeM Z0I MS-17J0 V.ni,C....on-Pmfn,..ntl sm'ice,Ayrcnn<m CA Thmre 5a,mi«M FSdw 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. 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. 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 6 P U1.dn\AIWM AnecM1memssASeMa AnuM1memM\ a-AmeM 201005-1610 V.1COn..1w-P.&e..­l Smi,,Ag .n .,CA Thunc Seismic eM FS d. © and any partnerships, individual persons or any other party or parties comprising the Consultant, together with each subcontractor 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 "A" or any similar or related services. The Agency may, during the term of this Agreement, contract 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 AND LIMITATION OF LIABILITY. The Agency and /r Consultant agree that except as otherwise provided in this Section 28, in no event will either be �j 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 contract, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section 28 shall apply regardless of fault, breach of contract, tort, strict liability or otherwise of the Consultant and the Agency, their employees or subconsultants. 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 "eMaA AVM.An"hmenu\AgeM,AnuhmemS\Ag,mtrAm 10IM5-17-10 Vmir C.'.ion-ROkuionel 5wi ,Agreement CA n.re Se,miuM FS d. 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 Dated: Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: Agency Coun l CONSULTANT Vanir Construction Management, Inc. Dated: By: David R. Anderson, Vice President/Area Manager 8 P:UgendWAgeMa AnachmemsUgeMa Ar161111.IM,.aAmaM 301=5.17-IO Vanir Conamnion-Prditsional Services Agreemeal CA Theme Seismic am FS dm EXHIBIT "A" SCOPE OF SERVICES The scope of work for the California Theatre of the Performing Arts (the "Theatre") Seismic and Building Addition Integration, Preliminary Estimate and Functional Study, located at 562 West 4s' Street, San Bernardino is comprised of three(3)phases as follows: Phase l: "Revit Study Model" I. Vanir Construction Management, Inc. (the "Consultant") will develop a Revit Study Model of the existing Theatre configuration; with a simplified level of detail limited to the building's interior and exterior. While not fully field measured as accurate, the representation will provide sufficient detail to help the Redevelopment Agency of the City of San Bernardino (the "Agency") and its affiliates consider future design options. This will not be an "as-built" model of existing conditions, as that would require extensive discovery and document development not required for this level of preliminary analysis. 2. The model will show basic interior plans and elevations utilizing drawings and documents provided by the Agency, site review(s) and field photographs. 3. The consultant will approximate the doors and windows utilizing drawings and documents provided by the Agency, site review(s) and field photographs. Detailed elements such as parapets, fenestrations etc. will be generalized to depict a representation of the interior and exterior detail. Phase 2: Building on the Study Model developed in Phase 1; Phase 2 will include information provided by Len Knapp(the "Structural Engineer"), limited to a representation of the structural components. The Consultant will provide three studies of building adjacencies: 1. The east building addition, currently designed to be rectangular based on the structural engineer's proposed structural solution. 2. The east building addition developed in coordination with the Agency and the California Theatre staff's wish list items into the study model, plus coordination with the Structural Engineer for possible revision to the structural solution resulting from functional solutions. 3. The Consultant will perform an analysis of design options available by utilizing space and P Y gn P property on the west side of the Theatre. Potential site impacts will be studied within an approximate 100 foot area surrounding the Theatre. j The culmination of Phases 1 and 2 will result in a "Preliminary Estimate" of the proposed building ' structural and functional renovation. This "Preliminary Estimate" shall be limited to general unit and square footage cost as derived from current estimating cost data sources. The estimate will be a useful © tool for the Agency in estimating an overall project cost estimate in the future. 9 P USeMavlAgmW AnuhnaemakApnda Anachmmu\A,n%mAmaad 201001-12-10 Vank CmnmcOm.Professional Semus Ayamem CA Thmm Seismic and FS dm Phase 3: Site Study Model 1. A "Massing Model" of all existing buildings within the entire block (bounded by 4s, 5 s "E", and "F" Streets) including building facades across the street that will be developed to further analyze the functional relationship of the Theatre with the surrounding buildings. All existing buildings will be based on Google map layout. 2. The buildings within the block defined will be represented by exterior modeling only and a generic interpretation of materials will be provided. 3. Doors and windows of approximate size and location will be provided based on photo data and site observation. 4. Surface improvements will be evolved to provide a general representation of impacts based on Google Mapping. 5. Grade changes and contours will not be provided as they are not required for this level of analysis. Utilities or subsurface will also not be identified in this study. 10 P\ASeMM,,ende AIachmentM,Wc 301OW5-17-10 Vmir CmstWi,n-Profasimul Servim AVamem CA n me Sasmic aW f5dw EXHIBIT"B° �j 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 Contractor shall maintain comprehensive general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit, per occurrence. The Contractor must provide Comprehensive General Liability Insurance Policy with appropriate endorsement for builder's course of construction and fire casualty loss. (2) Automobile Insurance. The Consultant and each of its subcontractors shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for each vehicle leased or owned by the Consultant or its subcontractors and used in performing work under this Agreement. (2) Worker's Compensation Insurance. The Consultant and each of its subcontractors shall maintain worker's compensation coverage in accordance © with California workers' compensation laws for all workers under the Consultant's and/or subcontractor's employment performing work under this Agreement. (3) 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). M 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. I1 P:\AyendaaUBe^deAnuhmem5U8<ndc 10i=5-17.10Vani,C....ion-P.F.fiovl 5ervi.s Aprttmenl CA Th.rt Sdsmie u IS