HomeMy WebLinkAboutR16-Economic Development
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
ORIGINAL
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Bryan A. Stirrat & Associates - Professional
Services Agreement
DATE:
December 18, 2008
Svnopsis of Previous Commission/Council/Committee Action(s):
On December 18, 2008, Redevelopment Committee Members Johnson and Baxter unanimously voted to recommend the
Community Development Commission consider this action for approval.
On November 20, 2008, Redevelopment Committee Members Estrada, Johnson, and Baxter unanimously voted to recommend
that the item be continued based upon their request for additional information.
Recommended Motion(s):
(Communi tv Develooment 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 Bryan A. Stirrat &
Associates for Brownfields Inventory and Prioritization/Selection Criteria for sites to receive future
environmental evaluation (the area bounded by Ninth Street to Mill Street and Pepper Street to Tippecanoe
A venue)
Project Area(s):
N/A
Ward(s):
(909) 663.1044
1,3,6
Contact Person(s):
Kathleen Robles
Phone:
Supporting Data Attached:
o Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $ $60,000
Source:
Grant funds
Budget Authority:
FY 2008/2009 Budget
""'=' '7 r1/i? .
Emil A. Marzullo, Interim Executive Director
Fiscal Review:
3ClA-~o-LQ ~J~;-I/
Barbara Lindseth, Administrative Services Director
Commission/Council Notes:
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Pc\Agenda!\Comm Dcv Conrnission\COC 2009\01-05-09 Bryan Slimd . Profasiorml Services Agr~ SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 01/05/2009
Agenda Item Number: R/ ~
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
BRYAN A. STIRRA T & ASSOCIATES - PROFESSIONAL SERVICES AGREEMENT
BACKGROUND:
On October 12, 2007, the Redevelopment Agency of the City of San Bernardino ("Agency") submitted
two (2) grant applications to the Environmental Protection Agency (EPA) seeking funds to implement an
assessment for petroleum and other hazardous substances. The area identified in the grant applications is
bounded on the north by Ninth Street, on the west by Pepper Street, on the south by Mill Street, and on
the East by Tippecanoe Avenue.
On May 30,2008, the Agency accepted a grant award from the EPA totaling $400,000 ($200,000 for the
assessment of petroleum contamination and $200,000 for the assessment of other hazardous substance
contamination). The work plan prepared by the Agency and approved by the EPA details the usage of the
funds as follows:
1. Public outreach;
2. Create a Brownfields site inventory and prioritization/selection criteria for sites to receive Phase-
I environmental assessment activities;
3. Conduct Phase-I activities for ten (10) sites with possible petroleum contamination;
4. Conduct Phase-I activities for six (6) sites with possible other hazardous substance
contamination;
5. Conduct Phase-II activities for three (3) sites with possible petroleum contamination;
6. Conduct Phase-II activities for two (2) sites with possible other hazardous substance
contamination;
7. Prepare quality assurance, cleanup, end use, and health monitoring plans; and
8. Project management, reporting, and educational activities.
The Agency commenced its public outreach activities with the creation of a Brownfields website:
htto://sbrdaoroiects.org/brownfields/, distribution of information to the public via mail, email and
community and public meetings. The next step in the Agency's work plan is to create a Brownfields site
inventory and prioritization/selection criteria for sites to receive Phase-I environmental site assessments.
In August 2008, the Agency released a Request for Proposal (RFP) to hire an environmental assessment
firm that could create a Brownfields inventory and prioritization/selection criteria and offer the Agency
public outreach support.
P:\Agendu\Comm Dcv Commission\CDC 2009\0I-oS..09 Bryan Slirnt . Professional Services ~~nt SR.doc
COMMISSION MEETING AGENDA
Meeling Dale: 01/0512009
Agenda Item Number: Ill~
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Economic Development Agency Staff Report
Bryan A. Stirrat & Associates - Professional Services Agreement
Page 2
CURRENT ISSUE:
Having released the RFP, ten (10) firms responded (see attached Exhibit "C"). After reviewing the
submitted proposals and interviewing the top three (3) shortlisted environmental firms, Bryan A. Stirrat &
Associates, with a local office in San Bernardino, was recommended as the most qualified firm to perform
the tasks as set forth in the RFP. The selection committee was the same for both the initial review of the
proposals and the interviews and was comprised of representatives from the Agency.
Exhibits "A" and "B" identify the assessment areas that were approved by the EPA in the Agency's grant
applications.
ENVIRONMENTAL IMP ACT:
Since this project is for the creation of a Brownfields inventory and prioritization/selection criteria and
public outreach support, no environmental analysis is needed.
FISCAL IMPACT:
The cost for the creation of the Brownfields inventory and prioritization/selection criteria and support for
the Agency's public outreach efforts is $60,000. EPA grant funds will reimburse the Agency for these
costs.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
cz~~ ~
Emil A. Marzullo, Interim Executive Director
P:\Agendas\Comrn Dev CommissionlCDC 2009\01-05-09 Bryan Stirn!. Professional Servi~es Agreement SR_do<;
COMMISSION MEETING AGENDA
Meeting Date: 01105/2009
Agenda Item Number: fl../ (,
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1
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9
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 BRYAN A. STIRRA T & ASSOCIATES FOR BROWNFIELDS
INVENTORY AND PRIORITIZATION/SELECTION CRITERIA FOR SITES
TO RECEIVE FUTURE ENVIRONMENTAL EVALUATION (THE AREA
BOUNDED BY NINTH STREET TO MILL STREET AND PEPPER STREET
TO TIPPECANOE A VENUE)
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a
public body, corporate and politic existing under the laws of the State of California, Health and
10
Safety Code 33100, and is charged with the mission of redeveloping blighted and underutilized
11
land; and
12
13
14
WHEREAS, it is the Agency's mission to eliminate physical and social blight; and
WHEREAS, to fulfill its mission, the Agency needs to identify toxic contaminated land for
future development; and
15
16
WHEREAS, a Brownfields site is defined by federal Environmental Protection Agency
(EPA) as an abandoned, idle, or under-used industrial or commercial facility where 'expansion or
17
redevelopment is complicated by real or perceived environmental contamination; and
18
19
WHEREAS, on October 12, 2007, the Agency applied for two (2) EPA Brownfields
Community Assessment Grants: one (I) for petroleum and one (I) for hazardous substances; and
20
21
WHEREAS, the goal of the EP A grant is to identify and address environmental
contamination issues so that Brownfields properties can be readied for reuse and redevelopment;
22
and
23
24
WHEREAS, in May 2008, the Agency was notified that it was successful in the grant
25 process and on August 20, 2008, the Agency signed the Notice of Grant A ward for a grant total 0
26 $400,000; and
27
WHEREAS, the Agency has until October 30, 2011, to complete all work-plan tasks and
reporting requirements as outlined in the Grants; and
28
I
P.~gcndu'R('solution5'.Re~ulion$'.2009\OI-05-09 Bryan Stirnt- Prore$sional ~<<$ Agreement (DC Rt$Q doc;
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1 WHEREAS, on December 4, 2008, the Agency Staff recommended to the Redevelopment
o
2 Committee that a professional services agreement ("Agreement") be entered into with Bryan A.
3 Stirrat & Associates ("Consultant") to create a Brownfields inventory and prioritization/selection
4 criteria for sites to receive future environmental evaluations; and
5 WHEREAS, the Agency Staff recommends to the Community Development Commission 0
6 the City of San Bernardino ("Commission") to approve and authorize the Interim Executive Director
7 to sign said Agreement.
8 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
9 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE, AND ORDER, AS
10 FOLLOWS:
11
Section 1.
The Commission hereby approves and authorizes the Interim Executive
12 Director of the Agency to execute an Agreement with the Consultant on behalf of the Agency,
13 together with any technical and conforming changes as may be recommended by the Interim
14 Executive Director of the Agency and approved by the Agency Counsel.
o
IS
Section 2.
This Resolution shall take effect from and after its date of adoption by this
16 Commission.
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P\AgeMas'Rnolutions'Rc501ulionsI,2009\OI-05-09 Bryln Stirnt- Prorcnionat Ser.ices Agreement CDC Re50 doc
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I.
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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 BRYAN A. STlRRAT & ASSOCIATES FOR BROWNFIELDS
INVENTORY AND PRIORITIZATION/SELECTION CRITERIA FOR SITES
TO RECEIVE FUTURE ENVIRONMENTAL EVALUATION (THE AREA
BOUNDED BY NINTH STREET TO MILL STREET AND PEPPER STREET
TO TIPPECANOE AVENUE)
I
2
3
4
5
6
7
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
meeting
10 thereof, held on the
II Commission Members:
day of
Aves
, 2009, by the following vote to wit:
Abstain
Absent
Navs
12 ESTRADA
I3 BAXTER
14 BRINKER
VACANT
15
16
KELLEY
JOHNSON
MC CAMMACK
17
18
19
20
Secretary
21 The foregoing Resolution is hereby approved this
22
23
24
25
day of
,2009.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
26 Approved as to Form:
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27 By: , ~~(:../
~Agency Cou e
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P:\Agel'du\ResolUlion$'Resolulion$'2009\OI..QS..Q9 Bryln Stiffat. Professional Services Agre<'menl CIX: Reso doc
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is
made and entered into as of December 1,2008 by and between the REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("Agency"), a public body,
corporate and politic, and Bryan A. Stirrat & Associates, ("Consultant").
NOW, THEREFORE, IN CONSIDERA nON OF THE COVENANTS AND
MUTUAL PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD
AND VALUABLE CONSIDERA nON, THE RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
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1. SUPERVISION OF CONSULTANT. The Agency Staff designated in Exhibit
"A" 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 ofthe 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 "B" 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.
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4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
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A.
The Agency shall compensate the Consultant in an aggregate amount not
to exceed $60,000 for completion of the services described in the Scope of
Services set forth in Exhibit "B."
B.
The compensation designated in subsection 4. A. shall be the Total Fee for
the performance of the work and the delivery of the final work product
materials, as set forth in the Scope of Services. The Total Fee shall
include, but not be limited to, the salaries of all subcontractors retained by
the Consultant and all employees of the Consultant to perform work
pursuant to this Agreement and shall be inclusive of all costs and expenses
incurred for mileage, travel, graphics, telephone, printing, fax
transmission, postage, copies and such other expenses related to
completion of the work set forth in the Scope of Services.
C.
The Consultant shall invoice the Agency for work performed by the
Consultant under this Agreement 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: Kathleen Robles, Project Manager
20 I North "E" Street, Suite 30 I
San Bernardino, California 9240 I
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) days after
such approval.
I. 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
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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, indemnity and hold
harmless the Agency, its officers, employees, representatives, and agents from
and against any and all actions, suits, proceedings, claims, demands, losses, costs
and expenses, including legal costs and attorneys fees, for injury or damage of
any type claimed as a result of the negligent acts or omissions of the Consultant,
its officers, employees, subcontractors and agents, to the extent arising from or
related to negligent performance by the Consultant of the work required under this
Agreement.
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7. INSURANCE. The Consultant shall maintain insurance, as set forth in Exhibit
"e" to this Agreement, throughout the term of this Agreement. The Consultant
shall remain liable to the Agency pursuant to Section 6, above to the extent the
Consultant is not covered by applicable insurance for all losses and damages
incurred by. the Agency that are caused directly or indirectly through the actions
or inactions, willful misconduct or negligence of the Consultant in the
performance of the duties incurred by the Consultant pursuant to this Agreement.
8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS
AND INFORMATION. All maps, photographs, data, information, reports,
drawings, specifications, computations, notes, renderings, designs, inventions,
photographs, modifications, adoptions, utilizations, correspondence or other
documents generated by or on behalf of the Consultant for performance of the
work (collectively, the "Work Products") set forth in the Scope of Services shall
upon payment for those services embodying the particular element of the Work
Products, become the sole property of the Agency, and the Work Products shall
thereafter be delivered to the Agency upon written request from the Agency to the
Consultant. The Consultant shall not make use of any maps, photographs, data,
information, reports, drawings, specifications, computations, notes, renderings,
designs, inventions, photographs, modifications, adoptions, utilizations,
correspondence or other documents and other materials whether for marketing
purposes or for use with other clients when such have become the property of the
Agency without the prior express written consent of the Agency except to the
extent that such maps, photographs, data, information, reports, drawings,
specifications, computations, notes, renderings, designs, inventions, photographs,
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modifications, adoptions, utilizations, correspondence or other documents are .
readily available to the general public as public records pursuant to State law;
provided, however, that the Consultant may retain copies of any such items for
their business records.
The Consultant shall execute, acknowledge, and perform any and all acts which
shall reasonably required in order for the Agency to establish unequivocal
ownership of the maps, photographs, data, information, reports, drawings,
specifications, computations, notes, renderings, designs, inventions, photographs,
modifications, adoptions, utilizations, correspondence or other documents and
record, register and procure an issuance in or to the Agency's rights, title and/or
interest. Any reuse without written verification or adaptation by the Consultant
for the specific purpose intended will be at the Agency's sole risk and without
liability or legal exposure to the Consultant.
9. PRESS RELEASES. Press or news releases, including photographs or public
announcements, or confirmation of the same related to the work to be performed
by the Consultant under this Agreement shall only be made by the Consultant
with the prior written consent of the Agency.
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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.
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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 ofa new address for delivering notice to such party.
CONSULTANT: Bryan A. Stirrat &Associates
1360 Valley Vista Drive
Diamond Bar, CA 91765
Attn: Ira R. Snyder
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AGENCY:
Redevelopment Agency of the City of San Bernardino
Attention: Emil Marzullo, Interim Executive Director
20 I North "E" Street, Suite 30 I
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 perfonned by the Consultant under this
Agreement. The Consultant shall maintain all necessary licenses and registrations
for the lawful perfonnance of the work required of the Consultant under this
Agreement.
o
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 perfonnance 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 affinnative 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 perfonnance of
any work described in the Scope of Services be deemed to be an independent
contractor. Neither the Consultant nor any of its subcontractors shall at any time
or in any manner represent that it or any of its employees are employees of the
Agency or any member agency of the Agency. The Agency shall not be
requested or ordered to assume any liability or expense for the direct payment of
any salary, wage or benefit to any person employed by the Consultant or its
subcontractors to perfonn 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 tenn or provision to' circumstances other than those to which it
is declared invalid or unenforceable, shall not be affected thereby, and each tenn
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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 LA W. 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.
o
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
(I) 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.
o
26. CONFLICTS OF INTEREST. The Consultant hereby represents that, to the best
of its knowledge, it has no interests adverse to the Agency or the City at the time
of execution of this Agreement. Should, through the performance of the project
scope of work, the Consultant become aware of any conflict, or potential conflict
resulting from a pre-existing agreement or interest, the Consultant will
immediately disclose such to the Agency Staff. The Consultant hereby agrees
that, during the term of this Agreement, the Consultant shall not enter into any
7
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agreement or acquire any interests detrimental or adverse to the Agency or the
City. Additionally, the Consultant hereby represents and warrants to the Agency
that the Consultant and any partnerships, individual persons or any other party or
parties comprising the Consultant, together with each subcontractor who may
hereafter be designated to perform services pursuant to this Agreement, do not
have and, during the term of this Agreement, shall not acquire any property
ownership interest, business interests, professional employment relationships,
contractual relationships of any nature or any other financial arrangements
relating to the Agency, property over which the Agency has jurisdiction or any
members or staff of the Agency that have not been previously disclosed in writing
to the Agency, and that any such property ownership interests, business interests,
professional employment relationships, contractual relationships or any nature or
any other financial arrangements will not adversely affect the ability of the
Consultant to perform the services to the Agency as set forth in this Agreement.
o
27. NON-EXCLUSIVITY. This Agreement shall not create an exclusive relationship
between the Agency and the Consultant for the services set forth in Exhibit "B"
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 & LIMITATION OF LIABILITY. The
Agency and Consultant agree that except as otherwise provided in this Section 28,
in no event will either be liable to the other under this Agreement for any
damages including but not limited to, special damages, loss of revenue, loss of
profit, operating costs. or business interruption losses, regardless of cause,
including breach of contract, negligence, strict liability or otherwise. The
limitations and exclusions of liability set forth in this Section 28 shall apply
regardless of fault, breach of contract, tort, strict liability or otherwise of the
Consultant and the Agency, their employees or subconsultants.
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[N 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:.:..2//C116r
Redevelopment Agency of the City of San
Bernardino, a public b lite and politic
By:
Emil Marzullo, Interim Executive Director
2'
Approved as to Form and Legal Content:
By:
Timothy Sabo, Ag
o
CONSULT ANT
Dated: 1111, Iv';
I
Bryan A. Stirrat & Associates
1360 Valley Vista Drive
Diamond Bar, CA 9[765
By:
Name:
Title: Senior Vice President
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Agency Staff:
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EXHIBIT "A"
SUPERVISORY STAFF PERSONNEL
Emil Marzullo, Interim Executive Director
Don Gee, Deputy Director
Kathleen Robles, Project Manager
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EXHIBIT "B"
SCOPE OF SERVICES
As amended November 3, 2008
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~~ PROPOSAL FOR BROWNFlELDS INvENTOR' 'OR
l.M GREATER DOWNTOW'< REVITALIZATION AREA
2.5 PROJECT UNDERSTANDING
The BASjPNL Team understands that the Agency was recently awarded Brownfields
Assessment Grants for both Hazardous Substances and Petroleum Substances. Portions of
these grants have been specifically allocated to inventory, prioritize and select sites within
the San Bernardino Greater Downtown Revitalization Area (SBGDRA) that will be the
subject of further site assessment. The SBGDRA is an approximately 7,60B-acre
rectangular-shaped area in the City of San Bernardino, bounded on the north by 9th Street,
on the south by Mill Street, on the east by Tippecanoe Avenue and on the west by Pepper
Avenue. The Agency estimates that more than half of the SBDGRA could be considered
blighted or underutilized and likely impacted by historic releases of hazardous substances.
Within the SBGDRA are various site uses and zonings, as well as Agency Redevelopment
Project Areas and Enterprise Zones.
Creation of a Brownfields inventory is the key first step in the ultimate characterization and
remediation of sites within the SBGDRA. The inventory will be utilized by the Agency to
identify those properties whose redevelopment represents the highest potential benefit to
the City. As property assessment and remediation efforts progress, the inventory will
become a critical decision-making tool in the Agency's continuing redevelopment efforts
throughout the SBDGRA. As such, the inventory design will to not only provide a clear
picture of the current conditions within the SBGDRA but also have the capability of being
easily expanded or modified to address the future needs of the Agency, as well as potential
changing conditions within the SBGDRA.
In an effort to gain a more complete understanding of the scope of this project, a
preliminary search for potential Brownfields sites within the SBGDRA was performed.
Results of this search indicated that within the SBDGRA there are:
. One (1) National Priority List Site
. Six (6) Federal CERCLA Listed Sites
. One (1) RCRA Transportation, Storage, or Disposal Site
. Seventy-five (75) RCRA Generators
. Nine (9) Solid Waste Landfill or Disposal Sites
. One Hundred and Fifty-four (154) Above- or Underground Storage Tank Sites
. Fifty-seven (57) Leaking Underground Storage Tank Sites
In addition, an additional 359 variously listed sites are potentially located in or near the
SBGDRA, based on their reported postal ZIP codes. As this preliminary search reveals, the
GBID will incorporate a significant amount of data and a good portion of these sites may
require review prior to incorporation into the GBID. It should be noted that the above list
is preliminary only and does not take into consideration all of the prioritization criteria that
may result from meetings with the Agency.
;";0 ;(1:;'.'.
PAGE. 12
PROPOSAL FOR BROWNFIEL.DS INVENTORY FOR
GREATER DOWNTOWN REVITALIZATION AREA
.
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2.6 DESCRIPTION OF WORK TO BE PERFORMED
Based on this understanding, the BAS/PNL Team has developed a project approach that
addresses the needs of the Agency in a timely and cost effective manner. The approach
focuses on ensuring that all efforts are in support of the Agency's long term goals and
objectives. The Agency's RFP for this project defines the two major project tasks as:
. Creation of a Arc/GIS Server-compatible Brownfields Inventory Database (GBID) for
the SBGDRA, and
. Establish site prioritization criteria to ensure properties meet the definition of
Brownfield and are eligible to receive EPA funds for future environmental site
assessment.
Given the size of the SBGDRA, and the number of potential Brownfield properties therein,
close coordination between the BAS/PNL Team and the Agency from the very earliest
stages of the project will be critical to ensure that the Agency's goals and objectives are
achieved in the performance of these tasks. This coordination will continue throughout the
performance of the project and is reflected in our overall approach which can be broken
down into the following elements, and is diagramed in Figure 2.2.
o
. Initial Project Planning and Project Kickoff Meeting
. Create a Beta Version GBID using the agreed upon Framework, Prioritization
Criteria, initial data set obtained from published data, and .supplemental data
gathered from other sources and direct site observations
. Present and demonstrate the draft GBID to the Agency and create an initial Beta
Version GBID-generated List of Prioritized Sites
. Refine and Retest the Beta Version GBID based on Agency input
. Finalize GBID
The level to which the Beta Version GBID requires revision and refinement will depend
heavily on how clearly defined the project goals are at the outset. As such, the Project
Kick.off Meeting and Initial Project planning will be crucial to the overall success of the
project. To this end, the BAS/PNL Team will, upon notice to proceed, develop a proposed
GBID framework and a preliminary list of possible site prioritization criteria. These will be
developed based on the BAS/PNL Team's understanding of the project and knowledge
regarding other similar GIS database compilations. The proposed GBID framework and site
prioritization criteria will provide a basis of discussion during the initial project kick off
meeting. Although this meeting is not specifically required in the RFP scope of work, it is
considered to be an important contributor to the successful and timely completion of the
project.
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"~".!h,;<J-;:
P~CE. 13
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PROPOSAL FOA 8ROWNF'IELDS INVENTORY F'OR
.' '- " 'GREATER DOWNTOW"o/ RE'o'ITAl..1ZATlON AREA
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PROPOSAL FOR BROWNF1EL.OS II'lVENTORV FOR g., <:. ,
GREATER DCWNTOW'" REVlTALl2ATlON AREA '
..
During the project kick-off meeting, the BAS/PNL Team will work with the Agency to clearly
identify, define, and establish lines of communication; project contact information; GBID
framework and deliverable review procedures; a project schedule detailing subtask
completion dates for key project tasks, project update communications, project meetings,
submittal dates of deliverables, and review times; and overall goals of the project. In
establishing this project framework, the BAS/PNL Team will advise the Agency on the
various tools and capabilities of the Arc/GIS Server.based software and how those
capabilities can be tailored to best serve the Agency's needs and provide deliverables that
are consistent with Agency goals.
In addition, during the project kick.off meeting the preliminary list of possible site
prioritization criteria and GBID data fields will be reviewed with the Agency and
refinements made accordingly. As part of these discussions, the availability and format of
data obtained from various data sources will be assessed. In the case of environmental site
information, much of this can be directly incorporated into the GBID from commonly used
databases. However, other potential sources may not maintained their data in formats that
are so readily assimilated and will, therefore require a more manpower intensive effort. In
addition, the reliability of various data sources will be considered as will the frequency at
which their stored data is updated. As depicted on Figure 2.3 a variety of data sources may
be utilized in development of the GBID. .
Possible site prioritization criteria and/or GBID data fields may include:
. General Location (inside or outside revitalization project area)
. Street Location (e.g., transportation corridor frontage or inside of a neighborhood
block)
. Size
. Site access
. Cluster (i.e., the site is one of several co.located sites or is surrounded by well.
developed properties)
. Site impact type (i.e. UST, LUST, Landfill, industrial, plating, etc.)
. Contaminants of concern (solvents, petroleum products, metals, etc)
. Impacted site media (i.e., soil, groundwater, etc.)
. Lead environmental regulatory agency
. Regulatory Status (i.e., active investigation, ongoing remediation, closure, etc)
. Importance to implementation of the City's General Plan
. Suitability for (re)development (i.e., whether the site can be developed)
.>,:1>1,._,\'..
PACt'. IS
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~~ PROPOSAL FOR 8ROWNFOELOS INvENTOR' POR
. . GREATER DOWNTOW," REVITALIZATiON AREA
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..
. Availability of (re)development (i.e., whether there is actual market interest in
development or redevelopment of the site)
. Community acceptance/issues
. Available corrective actions, including cost considerations
. Future revenue generating potential
. Potential to benefit disadvantaged populations
. Potential for environmental liability
Based on the project kick-off meeting discussions, the BAS/PNL Team will construct the
preliminary GBID framework, including data fields, user interface displays and output report
formats. An outline of our proposed GBID information flow (inputs, processing and
outputs) is depicted in Figure 2.3. In summary, the above information, much of which can
be assigned a numerical value, or score, is readily ranked using GIS-programs, against "site
screening (or "bucketing") criteria, to generate outputs, suitable for long term Agency
strategic business planning. Via this process, it is anticipated that sites (or site groupings, in
close proximity) will be ranked from a high ability to be immediately rendered attractive for
economic redevelopment, to sites which, in the short term, will need to be transformed to a
condition which is protective of human health and the environment, but which have little
immediate development potential (i.e. parcels that are "wrong way up")
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Concurrently with GBID framework construction, data gathering efforts will be initiated.
This process will begin with searches of on-line data sources that provide pertinent data in
formats compatible to Arc/GIS Server databases. As stated previously, and depicted in
Figure 2.4, there are several private companies that provide environmental database
information that can be directly incorporated into the preliminary GBID Framework. Non-
mapped sites will be assessed individually to determine whether they are within the limits of
the SBGDRA. In addition, other on-line sources will be accessed. This may include local
tax and property records maintained by the City and/or County.. Initially a Beta Version
GBID will be created that covers only a portion of the full SBGDRA. The site of the Beta
Version GBID area is anticipated encompass no more than approximately 500 of the total
7,608 acres. .
Once all readily available data has been incorporated, the Beta Version GBID will be
evaluated for data gaps and the need to augment the preliminary GBID data set with
additional information. As necessary given the project goals defined during the project
kick-off meeting more labor intensive data gathering efforts will be initiated. This may
include research at City and County departments/agencies, field reconnaissance to verify
and/or photo-record site conditions, or discussion with regulatory agency representatives.
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p..;(, 11;:;9._
P:"CE 17
~m' PROPOSAL FOR BRO
S. GREATER DOW,,"TOW ~~IELDS INVENTORY FOR
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PROPOSAL FOR BROWNFtELOS I"lVENTOFlY FOR B. ;". ,':
GREATER DOWNTOWN REVITALIZATION AREA .
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Once the gathered data has been incorporated, a Beta Version GBID will be presented to
Agency. At delivery, the BASjPNL Team will demonstrate to the Agency the operational
capabilities of the Beta Version GBID and provide general written instruction for the GBID
operation. As necessary, hard copies of maps, photos, data field listings, and output report
formats may also be provided. The Agency will then have the opportunity to put the Beta
Version GBID into daily regular use during a one-month Beta Testing Period. In the interest
. of providing the Agency with easy access to the Beta Version GBID and allow for
addressing Agency comments to the Beta Version SBGDRA, on line access will be provided
to the Agency PNL's Project Toolbox. Upon completion of the Beta Testing Period, the
BASjPNL Team will meet with the Agency to determine what, if any refinements need to be
made.
Based on Agency comments, modifications to the Beta Version GBID will be made and
final version issued for Agency use.
In addition, the BASjPNL Team will prepare four (4) Display Boards for presentation at two
(2) Public Outreach Meetings to be host by the Agency during the performance of this
project. Representatives of the BASjPNL Team familiar with the development of the GBID
will attend the meetings to provide technical support to the Agency.
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2.7 PROJECT TIMELINE
The sequence for the above tasks is shown in a proposed project schedule (Figure 2.5).
Significant items incorporated into the project schedule include:
. Clear alignment of project goals with the City via a kick off meeting.
. Initial mining of online databases, both internal and external to the City.
. Development of site screening criteria, which will permit "site-bucketing" to occur.
. After the digital component of GBID is operational, piloting the system on a 500-
acre test locale.
. Incorporate lessons learned from the pilot into GBID, and consult with the City
before running full scale screens on the 7000 acre project area.
. Consultations with the City on program results, and how the information could be
used to take impacted land into the developer marketplace. (As shown in Figure 2.6,
the BASjPNL Team has experience in marketing land tracts at developer
conferences such as the ICSC National Meeting in Las Vegas).
Throughout the performance of the project scope, the BASjPNL Team will provide periodic
progress updates.
In addition, the BASjPNL Team can provide the Agency with support during community
outreach meetings and workshops for potential.area developers.
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",~i.' I;' ';<:> ;.
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2.8 PROJECT DELIVERABLES
The BAS/PNL Team anticipates that the following deliverables will be prepared and
submitted to the Agency as part of this project.
. Meeting Minutes for all project meetings
. A detailed project schedule based on the project outline established during the
project Kickoff Meeting
. Periodic Summary Reports
. Site prioritization criteria (proposed and final) upon which GBID searches and
output reports will be based.
. Hard copies of area map outputs from the GBID
. Photos of GBID-Iisted sites
. Beta and Final Versions of the GBID
. Display Boards for Two Public Outreach Meetings
2.9 COST STATEMENT
In accordance with Section VI.D of the County's RFP for this project, the BAS/PNL Team's
estimate of the fees required to complete the Scope of Work described in Section 2.6 is
presented in the attached separately sealed envelope submitted with this proposal. This fee
estimate provides a "not-to-exceed" project budget, indicating costs and staff hours for the
total project on a per-task basis.
2.10 ASSUMPTIONS
The BAS/PNL Team's estimate of fees, presented in a separately sealed envelope, is based
upon the following assumptions:
. The majority of the data included in the GBID will be readily available from on-line
sources, and will be in an Arc/GIS Server compatible format that and can be directly
incorporated into the GBID.
. A maximum of one week will be spent performing field reconnaissance to verify and
photo-document sites identified through on-line and other sources.
. A maximum of one week will be spent gathering additional City and County
department or agency files for supplemental data.
. The Beta Version GBID will be subject to a single review and comment period by
the Agency.
. Beta Version GBID training will consist of a single four-hour demonstration / training
session performed at the Agency offices followed by phone and online support
during the following one-month period.
",~t>. I r,:,;<;.;.
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PROPOSAL FOR BROWNFlELOS IWENTORY FOR ~~
GREATER DOWNTOWN REVITALI2ATlO"," AREA ' .
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. The activities performed do not constitute an ASTM-compliant Phase I ESA or
USEPA All Appropriate Inquiry.
. No invasive sampling is included as part of this work.
. BAS makes no guarantees regarding information provided by others in the
compilation of the GBID.
. Site reconnaissance activities will be performed from public streets. No direct site
access, or interviews of site owners or tenants is included.
. The GBID will be constructed, refined and finalized in a formate compatible with
ArcGIS Server.
. Costs include the preparation or four (4) color display boards for presentation by the
Agency during Public Outreach Meetings and attendance by BAS Team personnel
during a maximum of two (2) such public meetings during the course of the project.
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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) Comprehensive General Liability Insurance. The Contractor shall
maintain comprehensive general liability insurance of not less than
One Million Dollars ($1,000,000.00) combined single limit, per
occurrence.
(2) Automobile Insurance. The Consultant and each of its
subcontractors shall maintain comprehensive automobile liability
insurance of not less than $100,000.00 combined single limit per
occurrence for each vehicle leased or owned by the Consultant or
its subcontractors and used in performing work under this
Agreement.
(2)
Worker's Compensation Insurance. The Consultant and each of its
subcontractors shall maintain worker's compensation coverage in
accordance with California workers' compensation laws for all
workers under the Consultant's and/or subcontractor's employment
performing work under this Agreement.
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(3) Errors and Omissions Coverage. The Consultant shall maintain an
insurance policy covering liability for errors and omissions of the
Consultant in performing the Scope of Services of this Agreement
in an amount of not less than $1,000,000.00.
Concurrent with the execution of this Agreement and prior to the commencement
of any work by the Consultant, the Consultant shall deliver to the Agency, copies of
policies or certificates evidencing the existence of the insurance coverage required herein,
which coverage shall remain in full force and effect continuously throughout the term of
this Agreement. Each policy of insurance that Consultant purchases in satisfaction of the
insurance requirements of this Agreement shall name the Agency as an additional insured
and shall provide that the policy may not be cancelled, terminated or modified, except
upon thirty (30) days prior written notice to the Agency.
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