HomeMy WebLinkAboutCDC/2008-45
.
1
2
3
4
5
6
7
8
9
RESOLUTION NO. CDC/200B-45
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 MAPCO CORPORATION FOR
PROFESSIONAL CONSULTING AND ENGINEERING SERVICES OF THE
AGENCY OWNED PROPERTIES IN THE NORTH ARDEN GUTHRIE
AREA (IVDA REDEVELOPMENT PROJECT AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
10 community redevelopment agency duly created, established and authorized to transact business and
11 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
12 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing
13 at Section 33000 and is authorized to acquire and demolish blighted properties for redevelopment
14 purposes located within the approved redevelopment project areas in the City of San Bernardino
15 (the "City") in accordance with the CRL; and
16
WHEREAS, the Community Development Commission of the City of San Bernardino (the
17 "Commission"), as the governing board of the Agency, has authorized the Agency to assemble,
18 acquire real property and demolish blighted structures for community redevelopment purposes in
19 the Inland Valley Redevelopment Project Area ("Project Area"); and
20
WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that
21 cannot be remedied by private parties acting alone without community redevelopment assistance;
22 and
23
WHEREAS, on October 28, 2008, the Agency acquired the last of 73 properties located in
24 the North Arden Guthrie Area south of Highland Avenue between Arden Avenue to the east, 20th
25 Street to the south and the alleyway adjacent to Guthrie Avenue to the west (the "Properties")
26 within the Project Area; and
27
WHEREAS, it is now necessary to convert the 73 parcels, three streets and three alleyways,
28 including all easements, into a single merged parcel; and
I
P:\Agenda.\Resolutions\Rcsolutions\2008\12-01-OS MAPCO. Professional Services Apeemcnt CDC Reso.doc
CDC/200B-45
1 WHEREAS, the scope of work will include review of all title reports, grant deeds, recorded
2 maps, easements, a field boundary survey, tentative and [mal mapping; and
3 WHEREAS, the Agency has solicited bids from three qualified engineering firms who have
4 previously been used by the City and the Agency; and
5 WHEREAS, MAPCO Corporation (the "Contractor"), was determined to be the lowest
6 responsible bidder and the Agency desires to retain the Contractor to perform the engineering and
7 mapping work of the Properties in accordance with the terms and conditions of the Professional
8 Services Agreement (the "Agreement") attached hereto and incorporated herein by said reference.
9 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
10 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
11 FOLLOWS:
12
Section 1.
The information set forth in the above recitals of this Resolution is true and
13 correct.
14
Section 2.
The Commission hereby approves the Agreement between the Agency and
15 the Contractor attached hereto, incorporated herein by reference, and waives any irregularities in
16 the bid as submitted by the Contractor as permitted by the bid documents.
17
Section 3,
The Interim Executive Director of the Agency is hereby authorized to
18 execute the Agreement on behalf of the Agency in substantially the form attached hereto, together
19 with such changes therein as may be approved by the Interim Executive Director of the Agency and
20 Agency Counsel. The Interim Executive Director of the Agency or such other designated
21 representative of the Agency is further authorized to do any and all things and take any and all
22 actions as may be deemed necessary or advisable to effectuate the purposes of the Agreement,
23 including making non-substantive modifications to the Agreement.
24
Section 4.
This Resolution shall take effect from and after its date of adoption by
25 this Commission.
26 II /
27 / / I
28
2
P:\Agendaa\Raolutions\Reaolutions\2008\12-01-08 MAPCO. Professional Services Agreement CDC Reso.doc
CDC7200B-45
1
2
3
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 MAPCO CORPORATION FOR
PROFESSIONAL CONSULTING AND ENGINEERING SERVICES OF THE
AGENCY OWNED PROPERTIES IN THE NORTH ARDEN GUTHRIE
AREA (IVDA REDEVELOPMENT PROJECT AREA)
4
5
6
7
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8
Developrnent Commission of the City of San Bernardino at a ioint regular
9
thereof, held on the 1st day of December, 2008, by the following vote to wit:
meeting
10 Commission Members:
11 ESTRADA
12 BAXTER
13 BRINKER
14 VACANT
15 KELLEY
16 JOHNSON
17 MC CAMMACK
Abstain
Absent
Navs
Aves
X
X
X
X
X
X
18
19
20
,-nIJ?
-
Secretary
c:<~ day of December
,2008.
The foregoing Resolution is hereby approved this
21
22
23
24
25 Approved as to Form:
26
27 By:/g;b~J8.4'/~
Agency Counsel~ 0./ '
28
3
P:\Agcndas\Resolutions\Resolutions\2008\12-01-08 MAPCO. Professional Services Agreement CDC Reso,doe
CDC/2008-4S'
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
MAPCO CORPORATION
This AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement") is made and
entered into as of December 1, 2008 by and between the Redevelopment Agency of the City of San
Bernardino (the "Agency"), a public body, corporate and politic, and MAPCO Corporation, 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 AND SUFFICIENCY OF WHICH ARE 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 the Agency to request services from the Consultant.
2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date
first appearing in this Agreement and will terminate upon the completion of the services described in
the Scope of Services as referenced in Section 3, unless earlier terminated as provided in this
Agreement. The Agency reserves the right through the actions of the Interim Executive Director to
terminate this Agreement at anytime either with or without cause and at the sole convenience of the
,
Agency upon delivery of notice of termination to the Consultant; provided, however, that upon the
effective date of any such termination, the Agency shall be responsible to pay and/or reimburse the
Consultant for all services, materials and supplies as may have been furnished to the Agency in
accordance with the Scope of Services as referenced in Section 3.
3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to
provide the professional consulting services set forth in the Scope of Services attached hereto as
Exhibit 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. The Scope of Services shall relate to the
professional consulting and engineering services to be performed by the Consultant in connection with
the preparation and completion of a tentative parcel map for seventy-three (73) parcels and public
thoroughfares for the site commonly referred to as the North Arden Guthrie Area in the Inland Valley
Development Agency (IVDA) Redevelopment Project Area, located in the City of San Bernardino,
County of San Bernardino, State of California.
4838-7655-0147.1838-7655-0147,1 . I -
P:\Apndu\ApDda~~Attadunaa\Agrn:lb..Amead 2008\12-0I~MAPCO~Profcuional Services AgrtlcmeDtdoc
CDC/2008-45 '
4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant in an aggregate amount not to exceed
$26,500 for completion of the services described in the Scope of Services set forth in Exhibit A.
B. The compensation designated in subsection 4A. 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 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: Colin Strange, Project Manager
201 North "E" Street, Suite 301
San Bernardino, California 92401
E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant
incurred in performance of the Scope of Servic\ls, during the period of time for which the invoice is
issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of
the Consultant and any individual subconsultants utilized by the Consui.tant, during the time period
covered by the invoice, a description of the professional services rendered on a daily basis by each
named individual during such time period, the respective hourly rates of each named individual and the
actuaI 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)
calendar days of such approval.
5. RECORDS RETENTION. Records, maps, field notes and supporting documents and
all other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the
Consultant and available to the Agency for examination and for purposes of performing an audit for a
period of five (5) years from the date of expiration or termination of this Agreement or for a longer
period, as required by law. Such records shall be available to the Agency and to appropriate county,
state or federal agencies and officials for inspection during the regular business hours of the
Consultant. If the Consultant does not maintain regular business hours, then such records shall be
available for inspection between the hours of 9 a.m. and 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.
4838-7655.0147.1838-7655.0147.1 .2-
P:~~Attachmcatsv.,cnda~AmeDd2008\12-01~MAPCO.ProfeaioIIIIServiClllApeemcnLdoo
CDC/2008-45'
6. INDEMNIFICATION. The Consultant shall defend, indemnify, protect and hold
hannless 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, court
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, subcontractors, representatives and/or 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 and/or of its officers, employees, agents,
representatives and/or subcontractors, 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. Ail 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, re~rts, 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.
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
4838-76SS'()147.1838.76SS-0147.1 .3-
P:\Apadu\AscDda Attaduncnb\A3eodaAtt.achmeaU\ApDda ~Amcad 2008\12-01-08 MAPCO. ProfeWmaI Services Apemcnldoc
CDC/2008-45,
confidential. None of such designated confidential materials or infonnation 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 hetein.
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 (IS) calendar days' prior written notice. The Agency shall pay the Consultant for all work
authorized by the Agency and completed, prior to the effective termination date.
B. In the event of a termination of this Agreement under this Section 12, the Consultant
shall provide all documents, notes, maps, reports, data or other work product developed in performance
of the Scope of Services of this Agreement to the Agency, within ten (10) calendar days of such
termination and without additional charge to the Agency.
13. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in
person or by certified or registered United States Mail, return receipt requested, postage prepaid or by
overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice
presented by United States Mail shall be deemed effective on the third business day following the
deposit of such Notice with the United States Postal Service. This Section 13 shall not prevent the
4838-7655-1l147.1838-7655-o147,1 - 4-
P;\Ageodu\AaeDda~~~Amend2OO8\12~1"()8MAPCO-ProfcaionaISc:rvic:aAsreement.doc
CDC/2008-45 '
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:
MAPCO Corporation
Attention: David E. Miynarski
413 MacKay Drive
San Bernardino, California 92408
AGENCY:
Redevelopment Agency of the City of San Bernardino
Attention: Interim Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 9240 I
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, as amended from time to time. 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 rnitional origin. Further, the Consultant shall promote
affirmative action in its hiring practices and employee policies for min\,>rities 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, agents or
representatives 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 expeuse 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.
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
4838-76SS~147.1838-76SS~147.1 - 5-
P:\ApIldu\AaeDdI AltadImeats\Apn AltadImeats\Apn ~Amead 2008\12-01~ MAPCO. ProfeAioDal SaviCCll A8rccmcatdoc
CDC/2008-45,
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
finaI 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 <;ounty of San Bernardino.
21. NON-WAIVER Failure of either party to enforce any provision of this Agreement
shaIl 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.
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 bas 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 corporation, limited liability company, partnership, 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 bas jurisdiction or any members or staff of the
4838-76SS-ll147.1838-76SS-ll147,l .6-
P:I,Aaeadu\ApDda ~ A1tacbmeatMgead Attadtmmts~AmeDd 2008\12-01-08 MAPCO. Profeaiooal Services ApeemeDLdoc
CDC/2008-4S'
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. 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 relating 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, agents, representatives and/or subconsultants.
[SIGNATURES ON FOLLOWING PAGE)
,
4838-76SS-ll147.1838-76SS-ll147,1, - 7-
P:\ApDdu\ApDda ~A1tacbments\Apllda~AmeDd 2008\i1-01-08MAPCO.ProfeuioDa! SeMccsAsrecmenldoc
CDC/2008-45
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: 1// //$/ ~fJ1
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:
CONSULTANT
-p. A.. "". :::I:.V\c... ~b~
MAPCO, a California corporation
Dated: ~\ ;:).()... \ ~6C~
BY:lilll~~A~
Nam;D/1-",l:t:: M\iro-(5~
Title: "Be'I;;\~-r
Dated:
By:
Name:
Title:
4838-7655-0147,1838-7655-0147,1 - 8-
P:\Agendas\Agenda Attaclunents\Agenda Attacbments\Agenda AttaCbments\Agrmls-Amcnd 2008\12-oI.QS MAPCO - Professional Services Agreement.doc
CDC/2008-45,
EXHIBIT A
SCOPE OF SERVICES
.
4838-76SS~147.1838-76SS~.147.1 - 9-
P:\ApIdu\ApIda ~ Aaaebments\Ageoda Alt.achmenIs\Aa;rmts-Amend 2008\12-0I.os MAPCO - Professioaal Scrvioes ~nldoe
CDC/2008-45 '
;;.:j
F
~ ~A
IKD'B ~ .L_.~
r:
L
r
So;
"
f
"
ltlI r I .... II _..... fie MCIl11uqllllll _ III JllfIlIllIUI ... '1R~11'ln "Ill
k....~ ....... Jllfl; 111 In"" 10""" III ~... rI, "'lII.d~ fDr ""I nu . ..
... _;_.~..Jndld"....._.. car ......._ D.. Ir,IMlll...,U1 DJ,JIIJi'lInI
...... ...... IPI ~ ..ph..~.IIIIr"" 411' 11m IIIId lIl1111............_
..,,~ lit ,.IP 11\. .,..... '-1IIId ..... IF I - II............... far.....
.. .........4. ...... II................. MId.. lie 1111 I RII'.....,....".....
to ..... .rm.J' 1 II., III lIuliurr .... n, Ihd far.. ... Ill.... II ,"ulln
"'u1_""~"JlNlm '
J
,
!
I
1
,
;
r
I:
ICON OJ!' WORK AND l'1li
1. P'njIoI_... ,.u.tl...IIId..... 'nlII.................... III..IJ. II
_.... of II" ....... .... 1I..,1~.=...... Ullnlll'll 'lIft!!1t, ..,
.... liNt IIIId dry), ....... . 1Ikl...-.. Md NIIk.- ....
.....U I.l\.
-i
;
t
~~
i=
.~.
I"
>
~,
~
$'
.~
.E
"
f.
IMPCO Jll'1lJI....1o JIl'llMe .. aMI ........._ ~........ .. ...1Il!f.J:......
II I JlC...... Dwit.pm....~.1llr t!**.A r J ~u.aI"." ..~.ncV'). I .111.....
Fee;
'1._
;1
;
i
:f.
2. FleId IJoundat,~.
Fee; ..... {uIfta c.Mt/olCr lVIJI'fOW8 -.,,.,,.,.,....,
s. ,. Lot FInII MIp and MoI'UMAtllon.
Fee; 12_
4. ,...,.,. . T.1tIlM ,.... ..., Mlf rlllullll for ..... 10 III car II .....
....._. T.P.M.~ 10 haIltdt: '
,-
"
,
:-.>
{
~ a:;;W' -::"'~.:a~==::'" .Illllllll~
0. P'l11."O--'....
d. f'fl;J .......~
.. 01_& ~II flCIIJIIltalll'lelOJII.,Me.W./1 lIi. ,.,........1RlV.
f. a;- fllot -- ...... ,. O.fIIIIlnr _ I.:t>A... .... II "..1....
luaulln" 1I~~III1-' .
.. .. II pre,.I\1 4lW.~A" ... a IImR........ . 'htn. .......
JL ::17 Ii -.......... t'11 .11".
L 0IIIIliI ...... .. NJpGlt. ...... 'll ~ f ..h. ,,'n" . 'II II UJ III ... .,...
OJ.. J IllJlDrtlclU.tU. "'.....JII;.\...... ..lr'''.....~
.'
L
~
1-
"
.::j
f.
,.
;.-
i'
!
,
j.:
j"
"
j"
a~..~~;.;;;.~.'{;;;~~;..;:;...~r~::;.:5.~';'iZ~R~.'dX~;:,~...",;;~":;..-":t;,~-:Y..-.r..;!.::7~;~':c;.~:-:':':.,:w...-Z;;~""""'~!....:."':!'*-':".':,~.:.':'~:,.;..,'T.~.O::;~;::.;.-:::.':'."',~.:~..~~~.~~.;:,::.'~~~...~,../..::.;::;.;,,;.~1~;.:;..~~*~L"X.lj,;'2X;;;i::)~..I"_cr.tt.d. ;
CDC/2008-45 .
f.'
1;;'
f~
j. PN1*'11 ...~"'" "" tl.... ........ 1 . " '1111" ..d11Im lAd 21M ..
ooplea fafl:*I to,". 1111' to tIC H ""lIlY 'ff Ralm to o.c lIa'I_II......
DI,rwn.
It. <JIMt..... ffom III De1.llarm.nl ...... D''1.rtIMnt ... III ..-1 Hub..
......... "dI1A'IlId ~k'I..
IW; . ....
6. ,..,... IlflunIII\IU ..lit .. (power point andi\lr ....) end ..... III pl'qeot
PMler"lllIn to !he DERC lAd ........., COt.1I\ 1111110.
t,"
~.,
"
;...
Fee: . .....
PROPOIID FEll . ..."....
,
~.
1-:
,
"
b:tJ*"........ 'PROP08ED FIE' IllMd III:IlM - .. fGIkJ.rJtnI:
. AlrrC'"II~""....... ill .~
DlIWll......... U. ~-... MmlllllJcn;
j:
.;
:1'
Fee: . fNI tIO be ....11' "....... .,3)
~:
. ........111"11"'.__ "I ..IMI.........lAdlHftl,..,1\I.1 ....
........ Ian, ......l1fJlIUtd.
F_ TIme & f1 II"" In ____lOtIadl..,..... ....Ilhed...... lump_
... II ..... II 11 ~ bMecI \lIIOA tIl!Id .... end ....
. FlInG ....10 pWlIo I toc.IlIIJM1ahl. .. ~ lAd other tid ,.....
. ToplIlQI'IIJlNc fRIPllInG (M requINd In"m t7 of TerUIM 8ullllllllhA Che.Jlle
..h....
,'-,
F
1lte 11I'M,_ be .e .;I1'I~ to lie CI1 ~ eo.. ", aM... . WIlIIft 11ItU'llfm to
pI'OOI.d... II.... . - ~ r .. '-.. IiOo\. lIIto IIMn1i1eflllllllfll MlI AI 1 ..........
will.. DI'L 11 r n" ...to. nlIH~ AU....ry.. 1\111111... Irm" ..... NIl:.
.........,. 1M ,n lllll,fi"" TI'M Ilo.NIlF" DEftC lAd atr "'~Illf C'a111l1l1an II
.. lit........ . .~.. i...:1.ir..........._.-r..... 'l'II......OIfa
.... to..... ...O....ry "'d'" ...._ ....... 1111111'1" .,.......... be
l1li11'__.... .. ...~1JJlln .... ...... ... .lIfq .........
!
t:
ii
,
"I
,
C
~
~:.
:::.
"
L.'..:..>""'~.l,.r=,,,.~~...~.J<.>,.=.:;......."".I':........~.,=...:,.~,....:;..<...-.:"..,......,~.~.-_..."O"...-_.".~Tr..?~.,..~_~,.r."O.._:-.-".-_-.~Ul?."'",,..-;""~..,,~."'t<'n-......,~..:',~J'.-.:::un.......,,~",,..:I".-I"..~,.-..:..._.........."..=~~..r~_""--.,:".._..u~_.....~~
CDC/2008-45 '
Unf'llP I 1'"1 en_lIuo..
TIle 1IouI., IUI'\IIIf IWal"-r" '"'" III T "..... Md....... .11 I. .. III ....
..D11II\1w1..... n.......... "'.U'lft" __... ...,.lIIIIlllr..... lIl1ul.. Md
.11111111... IIwUd ...111111 III .... wNciII IN .11'111'" ,.__ ~JlI~I~JI. _
eLW.ar Tr- ... tIN ...... .. "lab..... ... _lIItltl ... Im.n_rl_ ..-
nn~ till... ... 1lClIMIIe. IhII be added .. toW COAlIIlClt __ upon ~ Md
....... ~)" of awn.. IIQeN.
~ ......... I a~ 11111 0l'I" ~...... dII'uMIu III l'Ia~-d'" J!lOIed
...... .... IJ.allll...11ll1l1enq dnd..uUIlI....n.tAl.... -. ...-wllIe
InlunId _Ill awn... IQent wi lie noeIIIed of... -'t prfor" pr-..ll1I...1d-..1II
Mruflll.
-'
1-
..
,
3
,.':'.':!.,:,:~.:-:::-~.r.;:.~o:.~.';-:.-,:o:,;.."":;".1N;.:(~::-'.'r.';~:r~.'!'.T;7.~==X"-:;:;':J:'_~'''~''':''''-:'~''_''''.''''.'~.'I'':':''.~.-;:-:,...,~':,:,."..r.~...,..r.~::nr~~J'~'~J'....:."'l'-.'.""""'..._rl.V;":':._._",.,:'~",'_.,-y,'~,.,_J'_
f:
r
1
r
1
r
~
<"
'r
j
1
E
"
"
;j:
r~
:!
,
if
.~:
t
~
,
-;:.
1;.
t.
~:"
f'
"
f.,.
.~.~...~~..
CDC/2008-45 '
8CHIlOUUI OF NIlS AND coer.
Contraot eoope 8nd GOIt II NMd qlOfl I._If houra for epec:llIo ..... Ihould It
beclot1Ie MCIllllry to..-nd .......... or lie 1Kll.1l11 ~ houM to CClRlpl"l .
.1_1Ib. .... MAPCO ..... JWClIM. lie .... .. . .nll" ....llIn..aft pIIIor to
Pftl'.11Int .. lie WOIk. 8hcU.f lie ClIIlIAt not wteh to aaD Ipt .. dwnte 1ft eoope or
COllI, lie......... oanIact IW'CO 1ft __ .. ........ ClI'l baw to pnl'l.d.
.'.'BIL".
. ,...~
. If; III
. "--
. Ita4_
. ~ClIllI..LM
. .A.trIIR
$ 2JG.lJO 1 hew
, UOJlO I.....
, iOOJIO I....
$ -/'-'
$ _/lMM"
$ _/hour
IUlNI\'INel
. UcIH:Il.IMdSurJWJOr
. ""'CIlfef
. .....0-
. ....0-
$ Uo.tlCl/hour
$ -I....
'__/how
$ 2WlO /hour
OFACI:
. 0ll0I "'lll.r
. CIIItl:II
. Mlfflflll'
$ SO.GO 1 hour
$ 45.GO 1 hour
$ ZS.GO 1 hour
"
MlICIl' ~
. MIl..
. 0UfIIde CDItI
. c..r. II lit CdlII...... rlllutlonll$
. o,e.lw.a.lt ......JI..lulkllll)
$ 8.451 mile
CDItI plus ut6
~ MInJller PerIIIft
$ ~ Mttl./hr......
DII.MIrt AND..." atM_
. feR"~". -1111111118 $1.5.Oll
. rl.It.I~.llIIIltJlI'.ll._v.IIv$UJlO
. w.w. .....1. .SlIlI......II'11llne f ..
. SN.Il.ultJ6.........C'llIuIIly faoe
. JloI!lttem Ora.- CIIunIV. ..... Detert
a ...... Loa AIIcIIea 0MtAty $ H.GO
'1
..=":-:.".....=:>':J',~.r.:rr=.7~____~:::.~...-_~~~...-...'\.."".!'.~...............-.:<"':',...~~....,..I'.1'_-..,.-::-.-N.r.r.:'~'-'";'--"'_-"'-":~"":''''-'~7=:'''~='''''''''''''''''''''''''''.r:.'..I':.r.-.:.....-_.~>.....-_.,_-..,.:,...-;..~.':.T~""".r.._~rr.-.-...7:~.-.~_....~
i:
r
r
c,
"
r.
J,
f
"
,
"
j
~.
l!
f
~:
j"
01"
~
t
{.
i,
;
.t
'.
i
~ .
.
r
j'.
r.:
'!
'j
f:
___..rnt '
CDC/2008-45 '
f
to:
~..
.
1
. Soulhem 0mIII Counly
IlIPIlOOUCTION COS1SI
$ -.00
i'
f
,
. .,p Ill"
. .....
. MylIn
. ",-a'cu.~
. I'u
. .....-'*-
$ 1MJ / rMet
. ../1Met
. -/......
$ U./......
$ .1S/1Met
$ 0.1S /1Met
;
i.
t
Mil C8.lJ\NIOUIllIIIS:
. 80wrlllMMII fees
. 1Ide C111llf'''' QeqI$
. 0utstdlI VenlIor IlIueIlrIRt CeltS
. IlH4lM.u ..........
. 1l....1d1 MIIps
. 0IItIIde 1l1llrery ServIca
. In M._ PIctIlps. 1I11M....lncunW Oft dIeRt'. be!lIlf
. atent / "..., Me..... a 111IlfIlp1ncumd Oft clHt'llIIlwlf
~
i
~:
,
{
"
{.
~'
!
.
;;:
;
,.
~
ClInt ...,..., l1li -1Ia . dlllkR to tM aIIove ..... for:
IIUJN8 PIlOCIDUIlIIt
. Mfm....ou. fees..... lie fI1hd -llhtt.. ~ ere fncumd.
,.
. 1heN wi! be . $SO.IlO.... foI" all'II1ImeIt dlackI.
i.:
J'
. ClIent...,...,.. .........ltlt 11_ Mnrnryto _foI"MrVloeI IIndeNd.
. ..... for CDIIIU'" In CIDRMCIIIIll wlth appIIAI_ betore C8III1I, MII/or .....-1V for lII1plllon
...,... *" laM huRdNd IIIIfMr~ofthe ratu ItIlId n-.
Cllent .....
o.tI:
,
r
s
r:
*
.
'":'7l::;::;-;..~::.;:~.A!;7/.'::::-"""'::<:;''o:,~...x,~;;::~:;:,~....,~,oot:;.~~~::,:::o,::~.7..-::::~~):\~:';~.::::':,;~..~.::.-:-::,_...:.;,.:!~:,::t""':l-;:,,:..:::.~~~~.;rR7.r.~."'-;:.":'-.~::::.~~~~;.:;;'.~..,~..~::.,:..;.;r;'.'::':~:':I:~..-,~_ ~,..~l,..,.~",or;:::.~,,":~.=.:~;,.....~.~...,.v~~r~ .
.
CDC/2008-45 .
EXHIBIT B
SUPERVISORY STAFF PERSONNEL
Al!encv Staff:
Redevelopment Agency of the City of San Bernardino
Attention: Colin Strange, Project Manager
201 North "E" Street, Suite 30 I
San Bernardino, CA 92401
Business: (909) 663-1044
Fax: (909) 888-9413
Redevelopment Agency of the City of San Bernardino
Attention: Lou Schnepp, Real Estate Consultant
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Business: (909) 663-1044
Fax: (909) 888-9413
,.
4838-7655.0147.1838-7655.0147.1 - 10-
P:~~AttadimenlI\ApIIda~Amend2OO8\12-01~MAPCO.PRIfessionalSeMcesApemeDt.doe
CDC/2008-45 .
.
EXHIBIT C
INSURANCE REQUIREMENTS
The Consultant shall maintain insurance policies issued by an insurance company or
companies authorized to do business in the State of California and that maintain during
the term of the policy a "General Policyholders Rating" of at least A(v), as set forth in the
then most current edition of"Bests Insurance Guide," as follows:
(1) General Liability Insurance. The Consultant and each of. its
subcontractors shall maintain general liability insurance with limits of not less than
$1,000,000 combined single limit per occurrence for all activities and actions of the
Consultant and each of its subcontractors for those types of liabilities not otherwise
covered in items (2), (3), or (4) below.
ill Automobile Insurance. The Consultant and each of its
subcontractors shall maintain comprehensive automobile liability insurance of not less
than $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.
(3) Worker's Comnensation 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.
(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 thirty (30) calendar days prior written notice to the Agency.
4838-76SS-ll147.1838-76SS-ll147.1 - 1 I -
P:\Ageadu\Aaenda Attac:hmc:uts\.ApQda Atbebmc:DtaVopnda ~Amead 2001\12-01.08 MAPCO. ProfcNioneI Services Ageemmt.doc::