HomeMy WebLinkAboutR42-Economic Development
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
ORIGINAL
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
A ward for Engineering, Design and
Construction Management Services Contract
for Fire Suppression System - California
Theatre of the Performing Arts located at 562
West 4th Street (Central City North
Redevelopment Project Area)
DATE: August 25, 2008
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Svnopsis of Previous Commission/Council/Committee Action(s):
On July 24, 2008, Redevelopment Committee Members Estrada, Baxter, and Alternate Member McCarnmack unanimously voted
to recommend that the Community Development Commission consider this action for approval.
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Recommended Motion(s):
(Community Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute an
Agreement for Professional Services by and between the Agency and Vanir Construction Management, Inc., for
engineering, design and construction management services for a fire suppression system at the California Theatre of
the Performing Arts (Central City North Redevelopment Project Area)
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Contact Person(s):
Carey Jenkins
Phone:
(909) 663-1044
Project Area(s):
Supporting Data Attached:
Central City North
Redevelopment Project Area
Ward(s):
1"
It! Staff Report It! Resolution(s)It!Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $
341,154
Source:
2005 -- 2006 CDBG Funds
2008 --- 2009 EDA Budget
Budget Authority:
Signature:
Fiscal Review:
4 ~(g~ =-/ /
Emil A. Marzullo, Inter
tive Director
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COMMISSION MEETING AGENDA
Meeting Date: 09/02/2008
Agenda Item Number: R. 42-
q,z~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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A WARD FOR ENGINEERING, DESIGN AND CONSTRUCTION MANAGEMENT
SERVICES CONTRACT FOR FIRE SUPPRESSION SYSTEM - CALIFORNIA THEATRE
OF THE PERFORMING ARTS LOCATED AT 562 WEST 4TH STREET (CENTRAL CITY
NORTH REDEVELOPMENT PROJECT AREA)
BACKGROUND:
In 2005, during Phase 1 of the California Theatre of the Performing Arts ("Theatre") renovation, the
Fire Marshal of the City of San Bernardino (the "City") requested the City of San Bernardino
Economic Development Agency (the "Agency") to install a fire suppression system for the entire
structure.
In anticipation of this need, in the Fall of 2007, Agency Staff contracted with SPM Architect to
provide a new set of plans of the structural lay-out of the Theatre which included all rooms, offices,
lobbies, spaces, closets, stairs, as well as all structural elements. The Theatre is located at 562 West 4th
Street, San Bernardino, California, and has been owned, operated and maintained by the Agency since
1994.
The Engineering, Design and Construction Management Services Contract (the "Contract") will
include, but is not limited to, the following items: engineering, design, preparation of plans and
specifications, estimates and construction management services for the new fire suppression system.
CURRENT ISSUE:
On May 27, 2008, and again on June 10, 2008, an advertisement soliciting engineering, design and
construction management services for the fire suppression system (the "Project") was published in the
San Bernardino County Sun Newspaper. In addition, Request for Qualifications packages were
submitted to 13 separate firms located in Southern California that specialize in engineering, design and
construction management of fire suppression systems. On June 27, 2008, the Agency received 1
proposal which was reviewed and determined to be responsive. The firm was Vanir Construction
Management, Inc., with a proposed dollar amount of not to exceed $310,140.
ENVIRONMENTAL IMPACT:
The award of the Contract is subject to Categorical Exempt under the California Environmental
Resources Evaluation System ("CERES"), Title 14; Guidelines Chapter 3 of the California
Environmental Quality Act ("CEQA"), Article 19, Section 15302, Class 2.
FISCAL IMPACT:
A total of $341,154 is needed ($310,140, plus a 10% contingency of $31,014) for the Project from the
CDBG 2005-2006 Budget.
P:\Agendas\Comm Dev Commission\CDC 2008\09.02-08 California Theatre Fire Supression SR. doc
COMMISSION MEETING AGENDA
Meeting Date: 09/02/2008
Agenda Item Number: Ill/'%.
Ifj..Z .() f
Economic Development Agency Staff Report
California Theatre Fire Suppression Contract
Page 2
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
Executive Director
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COMMISSION MEETING AGENDA
Meeting Date: 09/02/2008
Agenda Item Nnmber: f! 4 2-
".%..08
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RESOLUTION NO.
cc(Q)r
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND
BETWEEN THE AGENCY AND V ANIR CONSTRUCTION
MANAGEMENT, INC., FOR ENGINEERING, DESIGN AND
CONSTRUCTION MANAGEMENT SERVICES FOR A FIRE
SUPPRESSION SYSTEM AT THE CALIFORNIA THEATRE OF THE
PERFORMING ARTS (CENTRAL CITY NORTH REDEVELOPMENT
PROJECT AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
community redevelopment agency duly created, established and authorized to transact business and
exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
"CRL"), codified under Division 24, Part I of the California Health and Safety Code commencing at
Section 33000; and
WHEREAS, the Agency owns the California Theatre of the Performing Arts (the "Theatre")
and the Agency desires to cause the Theatre to be improved in accordance with the plans and
specifications to be developed by Vanir Construction Management, Inc. (the "Consultant"), and
ultimately approved by the City of San Bernardino Building and Safety Division; and
WHEREAS, on May 27, 2008 and June 10,2008, proposals were solicited from engineering
and construction management firms pursuant to a Request for Qualifications ("RFQ") to submit
their proposals to perform certain professional services ("Services") leading to the development of
the fire suppression system in accordance with the Public Contracts Code and the Agency received
23 one written proposal; and
24 WHEREAS, the Consultant was determined to be the most qualified responsive proponent
25 and the Agency desires to retain the services of the Consultant to perform said Services in
26 accordance with the terms and conditions of the Consultant contract attached hereto and
27 incorporated herein by said reference (the "Contract").
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1 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
3 FOLLOWS:
4
Section 1.
The Community Development Commission of the City of San Bernardino
5 ("Commission") hereby approves the Contract between the Agency and the Consultant attached
6 hereto and incorporated herein by reference and waives any irregularities in the proposal as
7 submitted by the Consultant as permitted by the RFQ.
8
Section 2.
The Interim Executive Director of the Agency is hereby authorized to execute
9 the Contract on behalf of the Agency in substantially the form attached hereto, together with such
10 changes therein as may be approved by the Interim Executive Director of the Agency and Agency
11 Counsel. The Interim Executive Director of the Agency or such other designated representative of
12 the Agency is further authorized to do any and all things and take any actions as may be deemed
13 necessary or advisable to effectuate the purposes of the Contract, including making non-substantive
14 modifications to the Contract.
Section 3.
This Resolution shall become effective immediately upon its adoption by this
16 Commission.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND
BETWEEN THE AGENCY AND V ANIR CONSTRUCTION
MANAGEMENT, INC., FOR ENGINEERING, DESIGN AND
CONSTRUCTION MANAGEMENT SERVICES FOR A FIRE
SUPPRESSION SYSTEM AT THE CALIFORNIA THEATRE OF THE
PERFORMING ARTS (CENTRAL CITY NORTH REDEVELOPMENT
PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
9 Development Commission of the City of San Bernardino at a
, 2008, by the following vote to wit:
21 The foregoing Resolution is hereby approved this
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26 Approved as to Form:
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meeting
Navs
Abstain
Absent
Secretary
day of
,2008.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
By:
v~~
Agency Co el
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
V ANIR CONSTRUCTION MANAGEMENT, INC.
This AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement") is made and
entered into as of September 2, 2008 by and between the Redevelopment Agency of the City of San
Bernardino (the "Agency"), a public body, corporate and politic, and Vanir Construction Management,
Inc., a California corporation (the "Consultant").
NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES 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:
I. SUPERVISION OF CONSULTANT. The Agency Staff designated in Exhibit "B"
shall be 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. 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 Agency to request services from the Consultant.
2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date
first appearing in this Agreement and will terminate upon the completion of the services described in
the Scope of Services as referenced in Section 3, unless earlier terminated as provided in this
Agreement. The Agency reserves the right through the actions of the Interim Executive Director to
terminate this Agreement at anytime either with or without cause and at the sole convenience of the
Agency upon delivery of notice of termination to the Consultant; provided, however, that upon the
effective date of any such termination, the Agency shall be responsible to pay and/or reimburse the
Consultant for all services, materials and supplies as may have been furnished to the Agency in
accordance with the Scope of Services as referenced in Section 3.
3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to
provide the professional consulting services set forth in the Scope of Services attached hereto as
Exhibit" 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
$310,140, for completion of the services described in the Scope of Services set forth in Exhibit "A".
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B. The compensation designated in subsection 4.A. shall be the Total Fee for the
performance of the work and the delivery of the final work product materials, as set forth in the Scope
of Services. The Total Fee shall include, but not be limited to, the salaries of all subconsultants
retained by the Consultant and all employees of the Consultant to perform work pursuant to this
Agreement and shall be inclusive of all costs and expenses incurred for mileage, travel, graphics,
telephone, printing, fax transmission, postage, copies and such other expenses related to completion of
the work set forth in the Scope of Services.
C. The Consultant shall invoice the Agency for work performed by the Consultant under
this Agreement each calendar month during the term of this Agreement.
D. The Consultant shall submit invoices under this Agreement to:
Redevelopment Agency of the City of San Bernardino
Attention: Interim Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant
incurred in performance of the Scope of Services, during the period of time for which the invoice is
issued. Each invoice of the Consultant shall clearly set forth the names and functional position
classifications of the individual personnel of the Consultant and any individual subconsultants utilized
by the Consultant, during the time period covered by the invoice, including timecards showing hours
worked on a daily basis by each named individual during such time period, the respective hourly rates
of each named individual and the actual total time expended by each named individual. Each invoice
of the Consultant shall be accompanied by copies of all third party invoices for other direct costs
incurred and paid by the Consultant during such time period. The Agency shall pay all amounts set
forth on the invoices of the Consultant and approved by the authorized Agency Staff personnel who
requested the services, within thirty (30) days of such approval. Under no circumstances shall the
compensation payable to the Consultant for the Scope of Services exceed the Total Fee regardless of
the time expended and the Consultant staff resources required to accomplish all tasks as identified in
the Scope of Services as attached hereto as Exhibit "A". The Consultant agrees to complete all
elements of the Scope of Services for the Total Fee as defined herein.
F. If the Consultant's Scope of Services is increased by the Agency or results from
unforeseen conditions through no fault of the Consultant, the compensation set forth in this Agreement
may be subject to increase as may be mutually agreed upon by the Agency and the Consultant subject
to a formal amendment of this Agreement as may be approved by the governing board of the Agency.
A written request for additional compensation shall be given by the Consultant to the Agency within
thirty (30) days of the occurrence of the event giving rise to such request subject to the provisions of
the preceding sentence requiring a formal amendment to this Agreement.
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
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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 govermnent 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, elected officials and employees 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 acts or omissions of the Consultant, its officers,
employees, subconsultants and agents, arising from or related to performance by the Consultant of the
work required under this Agreement.
7. INSURANCE. The Consultant shall maintain insurance, as set forth in below 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 set forth in the Scope of Services shall be the sole property of the Agency, as
of the time of their preparation and payment therefor by the Agency, and shall be delivered to the
Agency upon written request 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.
The Consultant shall execute, acknowledge and perform any and all acts which shall reasonably
be required in order for the Agency to establish unequivocal ownership of the maps, photographs, data,
information, reports, drawings, specifications, computations, notes, renderings, designs, inventions,
photographs, modifications, adoptions, utilizations, correspondence or other documents and record,
register and procure an issuance in or to the Agency's rights, title and/or interest. Any reuse without
written verification or adaptation by the Consultant for the specific purpose intended will be at the
Agency's sole risk and without liability or legal exposure to the Consultant.
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9. PRESS RELEASES. Press or news releases, including photographs or public
announcements, or confirmation of the same related to the work to be performed by the Consultant
under this Agreement shall only be made by the Consultant with the prior written consent of the
Agency.
10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall
keep confidential all reports, survey notes and observations, information, and data acquired or
generated in performance of the work set forth in the Scope of Services, which the Agency designates
confidential. None of such designated confidential materials or information may be made available to
any person or entity, public or private, without the prior written consent of the Agency.
11. DEFAULT AND REMEDIES.
A. Failure or delay by any party to this Agreement to perform any material term or
provision of this Agreement shall constitute a default under this Agreement; provided however, that. if
the party who is otherwise claimed to be in default by the other party commences to cure, correct or
remedy the alleged default within seven (7) calendar days after receipt of written notice specifying
such default and shall diligently complete such cure, correction or remedy, such party shall not be
deemed to be in default hereunder.
B. The party which may claim that a default has occurred shall give written notice of
default to the party in default, specifying the alleged default. Delay in giving such notice shall not
constitute a waiver of any default nor shall it change the time of default; provided, however, the
injured party shall have no right to exercise any remedy for a default hereunder without delivering the
written default notice, as specified herein.
C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties under this Agreement are cumulative and the
exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at
the same or different times, of any other rights or remedies for the same default or any other default by
the other party.
D. In the event that a default of any party to this Agreement may remain uncured for more
than seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed
to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate
remedy or damages by initiating legal proceedings.
12. TERMINATION.
A. This Agreement may be terminated by either party for any reason by giving the other
party fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant for all work
authorized by the Agency and completed, prior to the effective termination date.
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B. In the event of a termination of this Agreement under this Section 12, the Consultant
shall provide all documents, notes, maps, reports, data or other work product developed in performance
of the Scope of Services of this Agreement to the Agency, within ten (10) calendar days of such
termination and without additional charge to the Agency.
13. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in
person or by certified or registered United States Mail, return receipt requested, postage prepaid or by
overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice
presented by United States Mail shall be deemed effective on the third business day following the
deposit of such Notice with the United States Postal Service. This Section 13 shall not prevent the
parties hereto from giving notice by personal service or telephonically verified fax 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.
Attention: David R. Anderson
290 North "D" Street, Suite 900
San Bernardino, CA 92401-1703
AGENCY:
Redevelopment Agency of the City of San Bernardino
Attention: Interim Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
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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.
IS. 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.
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16. CONSULTANT AND EACH SUBCONSULTANT 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 subconsultants 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 subconsultants to perform any item of work described in the
Scope of Services. The Consultant is entirely responsible for the immediate payment of all
subconsultant liens.
17. SEVERABILITY. Each and every section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this Agreement or the
application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder
of this Agreement, or the application of such term or provision to circumstances other than those to
which it is declared invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties. This Agreement supersedes all prior negotiation, discussions and agreements between the
parties concerning the subject matters covered herein. The parties intend this Agreement to be the
final expression of their agreement with respect to the subjects covered herein and a complete and
exclusive statement of such terms.
19. AMENDMENT OR MODIFICATION. This Agreement may only be modified or
amended by written instrument duly approved and executed by each of the parties hereto. Any such
modification or amendment shall be valid, binding and legally enforceable only if in written form and
executed by each of the parties hereto, following all necessary approvals and authorizations for such
execution.
20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
California. Any legal action arising from or related to this Agreement shall be brought in the Superior
Court of the State of California in and for the County of San Bernardino.
21. NON-WAIVER. Failure of either party to enforce any provision of this Agreement
shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining
provisions of this Agreement.
22. ASSIGNMENT. This Agreement may not be assigned by the Consultant without the
prior written consent of the Agency.
23. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons
executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of
and bind the parties each purports to represent.
24. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one or
more counterparts, each of which will constitute an original.
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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 its individual member entities, 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 its individual
member entities. Additionally, the Consultant hereby represents and warrants to the Agency that the
Consultant and any partnerships, individual persons or any other party or parties comprising the
Consultant, together with each subconsultant 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 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
Agency as set forth in this Agreement.
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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. CONSEOUENTIAL DAMAGES AND LIMITATION OF LIABILITY. The Agency
and the 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. THIRD PARTY BENEFICIARIES. There are no intended or incidental third party
beneficiaries of this Agreement, including, but not limited to, the contractors and sub-contractors
intended to be employed on the Project as further defined in Exhibit A, and no one except the Parties to
this Agreement may seek to enforce its terms.
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30. IDJJiINESS REGISTRATION CERTIFTCATION, The Cons'dlllnt warrants that it
possesses, or sball nhlaln Immediately all:er \he cxecut.ion and delivery of tbis Agreement, and
maintain dtrting tbe period of tittle thnt this Agl'l!elnent is in effect, a business regimration
cCltification pursuant to Title 5 of the City of San Bernardino Mlmiclpal Code, together with IIny
and all other liccnses, contractor licensc, pcrmit~, qualifiCll1jon(s), inS\Lrancc and approva.ls or
\I\.J1atcVCJ' nature thai arc legally required to be m.,ln!llined hy (he Contl'Jl.ctc:or to conduct. its hlL'lincss
aClivities withilllhe Cny.
IN WITNESS V/l-TEREOF. the parties hereto have caused this Agreell1.cllt to ho executed as of
tho date indicated next to the autho1i7.'cd signatures of the officers or each of th llm as appear below.
AGENCY
Dated:
Rcdcvelol1mcnt Agency ofthe Chy of Sail Bernardino,
a public body, corpnrale and politic
D)':
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Cont.ent:
Tlmothy.l. Sllbo, Agency Counsel
CONSUl" T ANT
Vllnir C..onslruclion MliIll8sement, Inc.,
a Cnlifornia corporation
Dated:
B).:~~L~'
Name:
Mansour t~_ Al i abad'l
Tille:
President
Dated:
~hs-;t'Jg
~~
By:
. Name: .:J""2.V/A A'. A'~Ql.?
Tille: 0q;- ~8S'~
R
C;\T1tt"lllllrvl' "'all ~ttln"""(Molllpl ",rn ll'tMI'II..\TtltqIoflt'J'I' lI.hofll P11tlll!tl,f)[.KD"~'.tI2... (o.nll) \'l1li11,," (-Ml1tl'lllI.'tlllllll.fnnnlll!llI Ulr . C.\ Tbt'lllC'I' Firt ~11t'lrrr.,dnlL '\0'"(''' ~n I 12Mn\!
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30. BUSINESS REGISTRATION CERTIFICATION. 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
certification pursuant to Title 5 of the City of San Bernardino Municipal Code, together with any
and all other licenses, contractor license, permits, qualification(s), insurance and approvals of
whatever nature that are legally required to be maintained by the Contractor to conduct its business
activities within the City.
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:
Timothy J. Sabo
CONSULTANT
Vanir Construction Management, Inc.,
a California corporation
Dated:
By:
Name:
Title:
Dated:
By:
Name:
Title:
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EXHIBIT "A"
SCOPE OF SERVICES
A. Enl!ineerinl! Desil!ll. Preparation of Plans and Specifications. Estimates and Construction
Manal!ement Services for a Fire S"pression Svstem to the California Theatre of the
Performinl! Arts located at 562 West 4 Street in San Bernardino. California
The Project consists of a multi-level existing and operational theatre structure constructed in
approximately 1928. Within the Scope of Work, the Consultant will need to provide a cost
estimate for the following items and be prepared to provide all the following enumerated
services:
I. Provide complete preliminary plans as in accordance with the specifications of the National
Fire Protection Association ("NFPA") Standards 13 for the Project, and coordinate the
preparation of the preliminary plans to accommodate all other construction trades as will be
required to furnish labor and materials in furtherance of the completion of the Project.
2. Research appropriate NFPA Standards and confirm with the City of San Bernardino Fire
Marshal (Doug Dupree at 909-384-5388) that the intended design of a fire suppression
system, the water flow requirements and the specified layout for fire suppression coverage in
the California Theatre will meet minimum requirements set forth by governmental authorities
having jurisdiction over the California Theatre and that such design will comply with
appropriate NFP A standards.
3. Preparation of the final Plans that shall employ the latest in design concepts and materials
and to not distract from or significantly alter the historical elements of the California Theatre.
The Plans shall include sufficient detail to enable the Agency through the Consultant to
obtain plan check approval from the City of San Bernardino, Development Services
Department, and to include such approved Plans within a public bidding package of materials
to thus obtain competitive bids for the construction and installation of all elements of the
Project.
4. The design will include a new fire service connection into the public water main located on
North "F" Street. The Consultant will be responsible for conducting research of the available
water supply systems within adjacent public streets, including flow tests as required, for the
water service to the intended fire suppression system to be provided to the California Theatre
and to determine the adequacy of the water supply in adjacent public streets.
5. Plans and Specifications will show the following:
a. Construction and remodeling required to accommodate the fire suppression system
with respect to the intended occupancy of each area or room of the California
Theatre.
b. Building section illustrating construction type and routing of all pipes and locations of
sprinklers and other valves and appurtenant equipment.
c. Any fees required by the City of San Bernardino, the City of San Bernardino
Municipal Water Department or other governmental agencies will be paid by the
Agency.
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d. Spacing of sprinklers, size and capacity and the total number of sprinkler heads as
will be required.
e. Specify the make, type, nominal orifice, temperature rating and location of high
temperature sprinkler heads.
f. The type and location of all alarm bells.
g. Underground pipe size, length, location and point of connection to the City Water
Department water main located on North "F" Street.
h. Type of overhead pipe and joining method.
1. Nominal pipe size and center-to-center lengths.
j. Type and location of hangers for all sprinkler pipes.
k. For the hydraulically calculated systems, the information required on the hydraulic
data nameplate.
I. Hydraulic calculations as necessary for working plans.
m. Complete specifications outlining materials, extent of required work and specific
Uniform Building Code requirements to be included on the Plans.
n. The area that houses the Wurlitzer 216 Organ and all of its ancillary equipment needs
to be fire protected with a system that does not discharge high volumes of water (i.e.
misting system).
6. Upon the completion of the design phase a construction and installation cost estimate will be
provided by the Consultant in a tabular form showing item description, quantities, material
cost, labor cost and total cost. This estimate will also include a cost estimate and a
description of the underground piping system and the interior piping system and any other
additional water service connections required to be installed from public streets to properly
provide the fire service flows to the California Theatre.
7. Submit one (I) set of reproducible working Plans and Specifications as approved by the (i)
City of San Bernardino, Development Services Department, (ii) the City Fire Marshall, and
(iii) the City Water Department.
8. Based on the age of the structure and as identified during other previous construction
activities at the California Theatre, lead-based paint ("LBP") and asbestos containing
materials ("ACM") are present in the building. Therefore, caution must be used when cutting
into plaster/stucco walls/ceiling or disturbing asbestos wrapped pipe during any interior
building survey. The Consultant will be required to retain an environmental consultant at the
sole cost of the Consultant with experience in identifying ACM and lead-based paint to
prepare any additional studies and instructions to contractors as to areas where ACM and/or
LBP will be found. The final Plans shall designate those areas where LBP and ACM may be
found and require adequate remediation efforts as a part of the Project.
9. The Consultant will also be responsible for the preparation of all public bidding materials,
including contract documents using Agency standard forms, and publication of notices as
required to obtain a public works contractor to undertake the construction of the intended fire
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suppression system. The actual construction work will be a "public works" project under
California labor laws for which the Agency will be required to pay prevailing wages. The
bidding materials will contain the Consultant's revisions to the standard form contract
utilized by the Agency for public works contractors including all certifications and other
reporting requirements to assure that the public works contractor complies with all California
laws for the payment of prevailing wages on the Project.
B. Construction Management rCMl
Puroose: To provide overall supervision and financial management of the Project, to ensure
budgetary compliance by the public works contractor, tracking progress of the construction
and installation work, reviewing monthly invoices submitted by the public works contractor
selected under the public bid documents, preparing monthly Project status reports and
conducting regular Project meetings.
Aooroach: The Consultant shall provide overall project management, coordination and
supervision of the public works contractor to facilitate the performance of the work in
accordance with the scope and requirements of the Agency. The Consultant shall be well
versed in the specific areas of engineering required for this Project.
A Project kick-off meeting shall be held after the Consultant has been retained by the Agency
to review Project objectives and requirements, receive initial information from the Agency,
establish communication protocols, and address other issues as necessary to ensure
successful Project initiation. Thereafter, meetings with the Agency shall be conducted
regularly to discuss progress, general Project issues, obtain direction and to exchange
information. Project team meetings shall be held with the Agency to ensure progress of the
work in the preparation of the Plans and thereafter in the construction work to be undertaken
by the public works contractor.
The Consultant shall prepare biweekly status reports and schedules to update the Agency on
the progress to date; work to be accomplished in the next period and potential problems of a
technical nature or forecasted budget and schedule requirements. The Consultant shall attend
meetings as requested to update the involved parties on the status of the Project. In addition,
the Consultant shall have an adequate number of Consultant staff on and at the Project site to
ensure compliance with the Plans and all Uniform Building Code requirements and to
observe all construction activities from and after the date that the Agency awards the public
works contract for the construction work to be undertaken by the public works contractor.
C. Qualitv Control
The Consultant will ensure that the Project is being designed and a fire suppression system is
being developed in accordance with NFP A standards. Change orders for the public works
contractor will not be generated by the Consultant but will be prepared by the public works
contractor subject to concurrence by the Consultant, and any redesign work on the Plans will
typically be the responsibility of the Consultant, assuming that the efforts of the Consultant
resulted in Plan revisions.
D. Data Collection
The Consultant will collect existing as-builts, documents and other information pertinent to
this proposed Project.
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E. Preoaration of Necessarv Planning Documents
The Consultant will prepare Project documents, as needed, for planning requirements and for
subrnittal to the City of San Bernardino, Development Services Department, public bidding
procedures and to obtain the Agency authorizations, as necessary, in a timely manner. The
Consultant will, as directed, submit these documents to the appropriate entities and follow up
for the most timely and positive response.
F. Coordination with Other Theatre Activities: Phasing Reauirements
The Consultant must be aware that the California Theatre is used extensively during the
months of September through each following May. It is unlikely that extensive work can be
commenced on the construction and installation of the fire suppression system until the
month of June and then proceeding into the months of July and August. The Consultant
should consider the preparation of a phasing plan to enable minor work to be conducted
during the primary Theatre season months in preparation for more extensive work during the
summer months. The scheduling plan may also consider other work that would be required
to be undertaken in public streets to assure an adequate water fire flow into the California
Theatre.
The Consultant will also need to coordinate access into the California Theatre and scheduling
of work with the management company that is under contract with the Agency to operate the
California Theatre for the Agency and to schedule all events. The Consultant will need to
interview the management company staff to fully understand the scheduling requirements for
the California Theatre.
The Agency anticipates authorizing the work for the restoration of the Wurlitzer 216 Organ
through the efforts of a non-profit organization seeking to restore the Organ and many of its
components with grant funds and the in-kind services to be contributed by this organization.
The Consultant will need to address concerns that may be raised during this restoration
process and assure the Agency of the continued access to the Organ during construction
activities of the Project. Special attention must be recognized regarding the historical value
of this Organ, the need for an adequate fire suppression system and the need to prevent
damage to the Organ in the event of a fire or an accidental discharge from the fire
suppression system.
COST ESTIMATE AND FEES
PROPOSAL NOT-TO-EXCEED FEE:
$310,140
The following applies to the above Not- To-Exceed fee:
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SCHEDULE OF HOURLY RATES:
The Consultant's schedule of hourly rates, by personnel classification, is listed below. The rates
set forth below are for monthly billing purposes only, and the Consultant recognizes that the
entire Scope of Services must be performed for the Total Fee regardless of the number of
aggregate hours expended and the dollar value of the hourly services as rendered. These rates
include direct salary, mandatory costs, applicable taxes, benefits, overhead and profit:
Classification
Vanir Project Manager
Vanir Construction Manager
Vanir Estimator
Vanir Clerical/Document Control
RIA Senior Manager
RIA Associate Manager
RIA Consultant
STK Architecture Partner
'STK Architecture Associate
STK Architecture Project Manager
STK Architecture Senior Draftsman
STK Architecture Junior Draftsman
STK Architecture Clerical
Pacific Environmental Principal
Pacific Environmental Project Manager
Pacific Environmental DHS Certified Lead Inspector
Pacific Environmental CSSC/CST
Pacific Environmental Clerical
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Rate/Hour
$ 185
$ 148
$ 125
$ 65
$ 215
$ 195
$ 190
$ 185
$ 135
$ lIS
$ 85
$ 70
$ 48
$ ISO
$ 95
$ 90
$ 80
$ 45
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EXHIBIT "B"
SUPERVISORY STAFF PERSONNEL
Agency Staff:
James A. Willmott
Construction Management Specialist
Redevelopment Agency of the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Business: (909) 663-1044
Fax: (909) 888-9413
Carey K. Jenkins
Director of Housing & Community Development
Redevelopment Agency of the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Business: (909) 663-1044
Fax: (909) 888-9413
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EXHIBIT "C"
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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) General Liabilitv Insurance. The Consultant and each of its
subconsultants shall maintain general liability insurance with limits of not less than
$1,000,000 for all activities and actions of the Consultant and each of its subconsultants
for those types of liabilities not otherwise covered in items (2), (3), or (4) below.
ill Automobile Insurance. The Consultant and each of its
subconsultants shall maintain comprehensive automobile liability insurance of not less
than $100,000 combined single limit per occurrence for each vehicle leased or owned by
the Consultant or its subconsultants and used in performing work under this Agreement.
(3) Worker's Comoensation Insurance. The Consultant and each of its
subconsultants shall maintain worker's compensation coverage in accordance with
California workers' compensation laws for all workers under the Consultant's and/or
subconsultant's employment performing work under this Agreement.
o (4) Errors and Omissions Coverage. The Consultant shall
maintain an insurance policy covering liability for errors and omissions of the Consultant
in performing the Scope of Services of this Agreement in an amount of not less than
$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 30 days prior written notice to the Agency.
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