HomeMy WebLinkAboutR26-Economic Development Agency
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM; Emil A. Marzullo
Interim Executive Director
SUBJECT;
Professional Services Agreement with Allwest
Development Company, Inc. for Construction
Management Services for the Northpark
Boulevard and University Parkway Street
Improvements Project (State College
Redevelopment Project Area)
DATE; June 24, 2011
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Svnopsis of Previons Commission/Council/Committee Action(s):
On December 20, 2010, the Community Development Commission approved an Owner Participation Agreement ("OPA")
between the Agency and Promenade and Shops, LLC for street improvements at Northpark Boulevard and University Parkway.
Recommended Motion(s):
(Communitv 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
a Professional Services Agreement by and between the Agency and Allwest Development Company, Inc.
("Consultant") for Construction Management Services for Nortbpark Boulevard and University Parkway Street
Improvements Project (State College Redevelopment Project Area)
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Contact Person(s);
Brian Turnbull
Phone;
(909) 663-1044
Project Area(s);
State College Redevelopment Project
Area
Ward(s);
5th, 6th
Supporting Data Attached;
iii Staff Report iii Resolution(s) iii Agreement(s)/Contract(s) iii Map(s) 0 Letter(s)
FUNDING REQUIREMENTS;
Amount $ $138,000
Source:
EB-5
Budget Authority;
2011/2012
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Signature: Fiscal Review:
Emil A. Marzullo, . xecutive Director Lori Panzino
_______n________~_________________~~_______________________~__~___________________~___________________~___________________________~______~______________________________________
Commission/Council Notes:
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COMMISSION MEETING AGENDA
Meeting Date: 07/05/2011
Agenda Item Number: ,j?:Zlp
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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PROFESSIONAL SERVICES AGREEMENT WITH ALL WEST DEVELOPMENT
COMPANY, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE
NORTHP ARK BOULEVARD AND UNIVERSITY PARKWAY STREET IMPROVEMENTS
PROJECT (STATE COLLEGE REDEVELOPMENT PROJECT AREA)
BACKGROUND:
On March 3, 2011, the Community Development Commission of the City of San Bernardino approved
a loan agreement with CMB Export, LLC in the amount of $1 0,000,000 to fund construction of various
projects Citywide. Proceeds from this loan agreement will be used to construct the Northpark
Boulevard and University Parkway Street Improvements Project.
CMB Exports, LLC, was formed in the mid-1990's to establish a "regional center" for the counties of
San Bernardino, Riverside and Sacramento to assist in financings for the closed military bases in these
counties. The Inland Valley Development Agency ("IVDA") entered into the initial loan transaction
with CMB in 1997 for the first loan of this type pursuant to the EB-5 program administered initially by
the Immigration and Naturalization Services ("INS") which has since been restructured into the United
States Citizenship and Immigration Services ("USCIS"). The loan proceeds have been used by the
IVDAlSBIAA in part for various Airport and roadway infrastructure projects.
CURRENT ISSUE:
On December 20, 2010, the Community Development Commission of the City of San Bernardino
("Commission") approved an Owner Participation Agreement ("OPA") between the Agency and the
Promenade and Shops, LLC ("Developer") where the Developer agreed to construct infrastructure and
other public improvements and the Agency agreed to reimburse the Developer for said improvements
in an amount not to exceed $999,203. In addition, the Developer agreed that within 180 days after
completion of said infrastructure and public improvements, the Developer will begin grading for the
18.66 acres known as the Promenade and the 2.67 acres known as The Shops. The Developer will be
required to undertake a modified competitive bidding process to assure the lowest price for the
infrastructure and public improvements plus State prevailing wages will be required to be paid on all
such work.
The Northpark Boulevard and University Parkway Street Improvements Project will complete the
infrastructure improvements identified by City and Agency staff as necessary for the continued
development of the State College Redevelopment Project Area. The Project will consist of various
street improvements including slurry seal and striping, grind and overlay, street reconstruction and
curb, gutter and sidewalk construction and rehabilitation depending on the needs identified by City
staff. Improvements will be made on University Parkway, Northpark Boulevard, Hallmark Avenue,
State Street and College Avenue (see attached map).
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COMMISSION MEETING AGENDA
Meeting Date: 07/05/2011
Agenda Item Number: 'l!-2fp
Economic Development Agency Staff Report
Allwest Development Professional Services Agreement
Page 2
Allwest Development Company, Inc. is currently providing the construction management services for
the Promenade and Shops, LLC on Northpark Boulevard and University Parkway. Agency staff
recommends approval of this agreement which will allow the work from both projects to bid
simultaneously thereby taking advantage of existing economies of scale and reducing the overall
project costs.
ENVIRONMENTAL IMPACT:
None. This activity does not meet the definition of a "Project" under Section 15378 of the California
Environmental Quality Act, which states that a "project" means the whole of an action, which has a
potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment. Prior to the commencement of construction of the
infrastructure improvements, the Agency will obtain the environmental clearance necessary to proceed
with said construction.
Due to the cancellation of the June 23, 2011 Redevelopment Committee Meeting, Chairman Tobin
Brinker authorized moving this item directly to the Commission for consideration.
FISCAL IMPACT:
There will be no impact to the City's General Fund. The cost for the Allwest Development Company,
Inc. Agreement for construction management services is $138,000. This Agreement will be funded
through the 2011 CMB Export, LLC loan.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
Emil A. Ma
terim Executive Director
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Meeting Date: 07/05/2011
Agenda Item Number: 'O.41..p
City of San Bernardino
Redevelopment Project Area ~ State College
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RESOLUTION NO.
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 ALLWEST DEVELOPMENT COMPANY,
INC. ("CONSULTANT") FOR CONSTRUCTION MANAGEMENT
SERVICES FOR NORTHPARK BOULEVARD AND UNIVERSITY
PARKWAY STREET IMPROVEMENTS PROJECT (STATE COLLEGE
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 I of the California Health and Safety Code commencing
13 at Section 33000 and is authorized to construct infrastructure improvements 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
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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 design and
18 construct the Northpark Boulevard and University Parkway Street Improvements Project; and
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WHEREAS, the State College Redevelopment Project Area displays substantial and
20 pervasive symptoms of blight that cannot be remedied by private parties acting alone without
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community redevelopment assistance; and
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23 is funded by proceeds from the 2011 CMB Export, LLC loan; and
WHEREAS, the Northpark Boulevard and University Parkway Street Improvements Project
25 pre-construction conferences, payroll review and overall project construction management.
WHEREAS, the scope of work will include preparation of all bid documents, bid opening,
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
27 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
28 FOLLOWS:
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Section 1.
The information set forth in the above recitals of this Resolution is true and
2 correct.
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Section 2.
The Commission hereby approves the Agreement between the Agency and
4 the Consultant attached hereto, incorporated herein by reference, and waives any irregularities in
5 the bid as submitted by the Consultant as permitted by the bid documents.
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Section 3.
The Interim Executive Director of the Agency is hereby authorized to
7 execute the Agreement on behalf of the Agency in substantially the form attached hereto as Exhibit
8 "A", together with such changes therein as may be approved by the Interim Executive Director of
9 the Agency, City Attorney and Agency Counsel. The Interim Executive Director of the Agency or
10 such other designated representative of the Agency is further authorized to do any and all things
11 and take any and all actions as may be deemed necessary or advisable to effectuate the purposes of
12 the Agreement, including making non-substantive modifications to the Agreement.
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Section 4.
This Resolution shall take effect from and after its date of adoption by this
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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 A PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE AGENCY AND ALLWEST DEVELOPMENT COMPANY,
INC. ("CONSULTANT") FOR CONSTRUCTION MANAGEMENT
SERVICES FOR NORTH PARK BOULEVARD AND UNIVERSITY
PARKWAY STREET IMPROVEMENTS PROJECT (STATE COLLEGE
REDEVELOPMENT PROJECT AREA)
8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
9 Development Commission of the City of San Bernardino at a
, 20 II, 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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By:
meeting
Navs
Abstain
Absent
Secretary
day of
,2011.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
2!d &lvCt1-f~ (/1()./1S/1f'.J
Ag cy Counsel
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1 EXHIBIT "A"
2 Agreement for Professional Services
3 Allwest Development Company, Inc.
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
ALLWEST DEVELOPMENT COMPANY, INC.
This AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement") is made and
entered into as of July 5, 2011 by and between the Redevelopment Agency of the City of San
Bernardino (the "Agency"), a public body, corporate and politic, and Allwest Development Company,
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 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.
4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant in an aggregate amount not to exceed
$ I 38,000 for completion of the services described in the Scope of Services set forth in Exhibit "A".
Consultant compensation shall be paid pursuant to the hourly rates described in Scope of Services,
Exhibit "A".
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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. Total compensation to Consultant shall be paid on a time and materials basis. 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: Brian Turnbull, Project Manager
201 North "E" Street, Suite 301
San Bernardino, California 92401
E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant
incurred in performance of the Scope of Services, during the period of time for which the invoice is
issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of
the Consultant and any individual subconsultants utilized by the Consultant, during the time period
covered by the invoice, a description of the professional services rendered on a daily basis by each
named individual during such time period, the respective hourly rates of each named individual and the
actual time expended by each named individual. Each invoice of the Consultant shall be accompanied
by copies of all third party invoices for other direct costs incurred and paid by the Consultant during
such time period. The Agency shall pay all amounts set forth on the invoices of the Consultant and
approved by the authorized Agency staff personnel who requested the services, within thirty (30)
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.
6. INDEMNIFICATION. The Consultant shall defend, indemnify, protect 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, court
costs and attorneys' fees, for injury or damage of any type claimed as a result of the acts or omissions
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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 Exhibit "C"
to this Agreement, throughout the term of this Agreement. The Consultant shall remain liable to the
Agency pursuant to Section 6 above to the extent the Consultant is not covered by applicable insurance
for all losses and damages incurred by the Agency that are caused directly or indirectly through the
actions or inactions, willful misconduct or negligence of the Consultant in the performance of the
duties incurred by the Consultant pursuant to this Agreement.
8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND
INFORMATION. All maps, photographs, data, information, reports, drawings, specifications,
computations, notes, renderings, designs, inventions, photographs, modifications, adoptions,
utilizations, correspondence or other documents generated by or on behalf of the Consultant for
performance of the work 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 ofthe maps, photographs, data,
information, reports, drawings, specifications, computations, notes, renderings, designs, inventions,
photographs, modifications, adoptions, utilizations, correspondence or other documents and record,
register and procure an issuance in or to the Agency's rights, title and/or interest. Any reuse without
written verification or adaptation by the Consultant for the specific purpose intended will be at the
Agency's sole risk and without liability or legal exposure to the Consultant.
9. PRESS RELEASES. Press or news releases, including photographs or public
announcements, or confirmation of the same related to the work to be performed by the Consultant
under this Agreement shall only be made by the Consultant with the prior written consent of the
Agency.
10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall
keep confidential all reports, survey notes and observations, information, and data acquired or
generated in performance of the work set forth in the Scope of Services, which the Agency designates
confidential. None of such designated confidential materials or information may be made available to
any person or entity, public or private, without the prior written consent of the Agency.
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II. DEFAULT AND REMEDIES.
A. Failure or delay by any party to this Agreement to perform any material term or
provision of this Agreement shall constitute a default under this Agreement; provided, however, that if
the party who is otherwise claimed to be in default by the other party commences to cure, correct or
remedy the alleged default within seven (7) calendar days after receipt of written notice specifying
such default and shall diligently complete such cure, correction or remedy, such party shall not be
deemed to be in default hereunder.
B. The party which may claim that a default has occurred shall give written notice of
default to the party in default, specifying the alleged default. Delay in giving such notice shall not
constitute a waiver of any default nor shall it change the time of default; provided, however, the
injured party shall have no right to exercise any remedy for a default hereunder without delivering the
written default notice, as specified herein.
C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties under this Agreement are cumulative and the
exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at
the same or different times, of any other rights or remedies for the same default or any other default by
the other party.
D. In the event that a default of any party to this Agreement may remain uncured for more
than seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed
to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate
remedy or damages by initiating legal proceedings.
12. TERMINATION.
A. This Agreement may be terminated by either party for any reason by giving the other
party fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant for all work
authorized by the Agency and completed, prior to the effective termination date.
B. In the event of a termination of this Agreement under this Section 12, the Consultant
shall provide all documents, notes, maps, reports, data or other work product developed in performance
of the Scope of Services of this Agreement to the Agency, within ten (10) calendar days of such
termination and without additional charge to the Agency.
13. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in
person or by certified or registered United States Mail, return receipt requested, postage prepaid or by
overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice
presented by United States Mail shall be deemed effective on the third business day following the
deposit of such Notice with the United States Postal Service. This Section 13 shall not prevent the
parties hereto from giving notice by personal service or telephonically verified fax transmission, which
shall be deemed effective upon actual receipt of such personal service or telephonic verification.
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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:
Allwest Development Company, Inc.
Attention: Fernando Dutra
14509 Cedarsprings Drive
Whittier, CA 90603
Phone: (562) 325-3946
AGENCY:
Redevelopment Agency of the City of San Bernardino
Attention: Interim Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
Phone: (909) 663-1044
Fax: (909) 888-9413
14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and
federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the
work to be performed by the Consultant under this Agreement, 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 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, 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 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.
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
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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.
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 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
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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. 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 offault, breach of contract, tort, strict liability or otherwise of the
Consultant and the Agency, their employees, agents, representatives and/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.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date indicated next to the authorized signatures of the officers of each of them as appear below.
AGENCY
Redevelopment Agency of the City of San
Bernardino, a public body, corporate and politic
Dated:
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By: C. III CCL'L'-j V\../
Agency Counsel
CONSULTANT
Allwest Development Company, Inc., a California
corporation
Dated:
By:
Name:
Title:
Dated:
By:
Name:
Title:
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EXHIBIT "A"
SCOPE OF SERVICES
A. Pre-Construction Services:
· Coordinate/Attend Meetings between City Engineering Department and Consultants.
· Assist Consultants and city of San Bernardino Engineering Department to determine
scope of work.
B. Bid Administration Services: Optional
· Quantity Take Off
· Preparation of Instruction to Bidders
· Preparation of Invitation to Bid
· VerifY and prepare quantity take offs
· Prepare scope of work
. Advertisement
. Bid Solicitation
· Addenda's as required
. Pre-Bid Meeting
· Bid Tabulations-Spread Sheet
· Incorporate City Contract Agreement and Boiler plate
. Notice of Award
· Contract Administration
C. Construction Management:
· Provide a qualified construction manager to schedule, coordinate and expedite the
work of all applicable Street Improvement contractors, utility companies and
consultants. Based on five month project duration. July 201 I-November 2011.
· Conduct pre-construction conferences with City, applicable public agencies, utility
companies, design Engineers, contractors, etc. as required.
· Maintain excellent public relations with all homeownerslbusiness owners adjacent to
project conditions.
· Verify correct and field approve invoices for monthly progress payments to
subcontractors; all job accounting by City of San Bernardino redevelopment Agency
· Recommend approval or disapproval of change orders or authorizations for extra
work, or deduction or work items.
· Maintain daily written job reports and daily telephone communications with the city.
Attend required meetings.
· Assist City in obtaining approvals and acceptance by agencies having jurisdiction
over various work elements.
· Coordinate the work ofthe field survey and soils parties
· Coordinate special mitigation's that relate to the field conditions
· Maintain a "red marked" up-set of construction prints reflecting field changes (actual
"as-built by contractor).
· Resolve disputes with contractors regarding interpretation of plans and specifications,
progress of work or adequacy of contractor's performance.
· Provide continuous consultation to the city and applicable public agencies relative to
the job problems, construction schedules and costs of project.
· City of San Bernardino Redevelopment Agency to provide the following:
o Blue Prints
o Project Accounting
o Contract Administration
o Field Office of required
o Survey
o Soils Testing
Fee: time Basis per the followinl! Rates:
· Construction/Project Management:
· Pre Construction Services: Estimated 80 Hours x 150.00 = $12,000.00 $1501hr.
Estimated construction Duration Five (5) Months:
· 5 months starting in July. 401hr. weeks @ $6,000.00 per week x 21 wks. = $126,000.00
Total: $138,000.00
EXHIBIT "B"
SUPERVISORY STAFF PERSONNEL
Agencv Staff:
Redevelopment Agency of the City of San Bernardino
Attention: Brian Turnbull, Project Manager
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Business: (909) 663-1044
Fax: (909) 888-9413
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EXHIBIT "C"
INSURANCE REQUIREMENTS
The Consultant shall maintain insurance policies issued by an insurance company or companies
authorized to do business in the State of California and that maintain during the term of the policy a
"General Policyholders Rating" of at least A(v), as set forth in the then most current edition of "Bests
Insurance Guide," as follows:
(1) General Liabilitv 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
ofliabilities not otherwise covered in items (2), (3), or (4) below.
(2) 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 Comoensation 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.
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