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HomeMy WebLinkAboutCDC/2010-141 RESOLUTION NO. CDC/2010-14 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 3 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT 4 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT BY AND 5 BETWEEN THE AGENCY AND PACIFIC HERITAGE, INC., FOR 6 PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES (IVDA REDEVELOPMENT PROJECT AREA) 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a 8 community redevelopment agency duly created, established and authorized to transact business and 9 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the 10 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing 11 at Section 33000 and is authorized to acquire and demolish blighted properties for redevelopment 12 purposes located within the approved redevelopment project areas in the City of San Bernardino 13 (the "City") in accordance with the CRL; and 14 WHEREAS, the Community Development Commission of the City of San Bernardino (the 15 "Commission"), as the governing board of the Agency, has authorized the Agency to assemble, 16 acquire real property and demolish blighted structures for community redevelopment purposes in 17 the Inland Valley Development Agency Redevelopment Project Area ("Project Area"); and 18 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that 19 cannot be remedied by private parties acting alone without community redevelopment assistance; 20 and 21 WHEREAS, on October 28, 2008, the Agency acquired the last of 73 properties located in 22 the North Arden Guthrie Area south of Highland Avenue between Arden Avenue to the east, 20`" 23 Street to the south and the alleyway adjacent to Guthrie Avenue to the west (the "Properties") 24 within the Project Area; and 25 WHEREAS, it is now necessary to convert the 73 parcels, three streets and three alleyways, 26 including all easements, into a single merged parcel; and 27 WHEREAS, the scope of work will include various aspects of site preparation necessary for 28 future commercial development of the properties; and P1Agendas~Resolutions\Resolutions\3010V04-OS-10 Pacific Heritage, Inc_ -Amendment No. I Professional Services Agreement CDC Resodoc 1 CDC,/2010-14 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, on June 1, 2009, the Mayor and Common Council of the City of San '' Bernardino approved CDBG-R funds in the amount of $500,000 to construct a skate park and handicapped access improvements at Speicher Park located at 1535 Arden Avenue; and WHEREAS, the scope of work will include design and construction management for said improvements to be constructed at Speicher Park; and WHEREAS, on August 17, 2009, the Agency and Pacific Heritage, Inc. (the "Consultant"), entered into an Agreement for Professional Services (the "Agreement") to provide design and construction management services for said projects and the Agency desires to amend said Agreement in the amount of $100,000 for the Consultant to provide additional design and project management work of said projects in accordance with the terms and conditions of the Agreement. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS I FOLLOWS: Section 1. The information set forth in the above recitals of this Resolution is true and I correct. Section 2. The Commission hereby approves Amendment No. 1 to the Agreement by and between the Agency and the Consultant as attached hereto, and incorporated herein by reference. Section 3. The Interim Executive Director of the Agency is hereby authorized to execute Amendment No. 1 to the Agreement on behalf of the Agency in substantially the form attached hereto, together with such changes therein as may be approved by the Interim Executive Director of the Agency and Agency Counsel. The Interim Executive Director of the Agency or such other designated representative of the Agency is further authorized to do any and all things and take any and all actions as may be deemed necessary or advisable to effectuate the purposes of Amendment No. 1 to the Agreement, including making non-substantive modifications to Amendment No. 1 to the Agreement. Section 4. This Resolution shall take effect from and after its date of adoption by this 28 I I Commission. PAAeendas\Resolutions\ResoluUOns\2010A04-OS-10 Pacific Heritage, lnc. -Amendment No. I Professional Services Agreement CDC Reso.doc 2 CDC/2010-14 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING 2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT 3 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT BY AND 4 BETWEEN THE AGENCY AND PACIFIC HERITAGE, INC., FOR PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT 5 SERVICES (IVDA REDEVELOPMENT PROJECT AREA) 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community ~ Development Commission of the City of San Bernardino at a i oint regular meeting 8 thereof, held on the 5th day of April , 2010, by the following vote to wit: 9 Commission Members: Ayes Nays Abstain Absent 10 MARQUEZ x 11 DESJARDINS x 12 BRINKER x 13 SHORETT x 14 KELLEY x 15 JOHNSON x 16 MC CAMMACK x 17 ~ ~~ 18 Secretary 19 April 2010. The foregoing Resolution is hereby approved this day of , 20 21 22 P trick J. orris, Chairperson Co ~ y Development Commission 23 of the City of San Bernardino 24 Approved as to Form: 25 26 By: -_._-- Agency Co sel 27 28 P:AAgendasUtesolu[ions\Resolutions\2010A04-OS-10 Pacific Heritage, Inc. - .Amendment No. I Professional Services Agreement CDC Reso_doc 3 CDC/2010-14 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES PACIFIC HERITAGE, INC. CORPORATION This Amendment No. 1 to the Agreement for Professional Services (this "Amendment No. 1 ") is made and entered into as of April 5, 2010, by and between the Redevelopment Agency of the City of San Bernardino (the "Agency"), a public body, corporate and politic, and Pacific Heritage, Inc., a California corporation (the "Consultant"). WHEREAS, on August 17, 2009, the Agency and the Consultant entered into an Agreement for Professional Services (the "Agreement") CDC/2009-44 to provide design and project management services for various Agency construction projects; and WHEREAS, the Agency desires to amend said Agreement in the amount of $100,000 for the Consultant to provide additional design and project management work of said projects in accordance with the terms and conditions of the Agreement. NOW, THEREFORE, 1N 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: 1. Amend Section 4 (A), "Payment By Agency For Work Performed By Consultant" to read as follows: A. The Agency shall compensate the Consultant in an aggregate amount not to exceed $200,000 for completion of the services described in the Scope of Services set forth in Exhibit A. All other terms and conditions of the Agreement shall remain in effect. [SIGNATURES ON FOLLOWING PAGE] -1- P.AAgendasVAgenda AttachmentsVAgenda AttachmentsVAgnnts-Amend 2010A04-OS-10 Pacific Heritage. Inc.-Amendment No. I [o Professional Services Agreement doc 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. r' .~U~,~ Dated: AGENCY 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: By: Timothy J. Sa ,Agency Counsel Dated: ` ~~ ~~ Dated: CONSULTANT Pacific Heritage, Inc., a California corporation B ''i! - ~=---- y: Name: '~U~~,~,~ P~~~-~-~~~--~ Title: ~}~c`3~ c'+-_~~ By: Name: Title: -2- P:AAgendasVAgenda AttachmentsVAgenda AttachmentsVAgnn[s-Amend 2010VO4-0SJO Pacific Heritage, loc.-Amendment No I [o Professional Services Agreementdoc