HomeMy WebLinkAboutR38- Economic Development Agency CITY OF SAN BERNARDINO ORIGINAL
ECONOMIC DEVELOPMENT AGENCY
Pacific Heritage, Inc., - Amendment No. 1 to the
FROM: Emil A.Marzullo SUBJECT: Agreement for Professional Design and
Interim Executive Director Construction Management Services (IVDA
Redevelopment Project Area)
DATE: March 22,2010
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Synopsis of Previous Commission/Council/Committee Action(s):
On March 4, 2010 Redevelopment Committee Members Johnson, Brinker and Alternate Shorett unanimously voted to
recommend that the Community Development Commission consider this action for approval.
Recommended o-ti-c (s):
(Community Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute
Amendment No. 1 to the Agreement by and between the Agency and Pacific Heritage, Inc., for Professional Design
and Construction Management Services(IVDA Redevelopment Project Area)
Contact Person(s): Brian Turnbull Phone: (909)663-1044
Project Area(s): IVDA Redevelopment Project Area Ward(s): All
Supporting Data Attached: 0 Staff Report 0 Resolution(s) RI Amendment/Agreement(s)Map(s)O Letter(s)
$50,000 HUD Section 108 Funds;
FUNDING REQUIREMENTS: Amount: $ $100,000 Source: $50,000 CDBG-R Funds
Budget Authority: 2009-10 Budget
Signature: Fiscal Review: a?f
Emil A.Marzullo,Interim Executive Director Lori(Y.Til nt d strative Services Director
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Commission/Council Notes:
PWgmdas�COmm Oev COmmmianWIH;Z01%W-OS-IOPwfc Heriugc AmcMmmt NO.l PminviaW Servius Agramem SRtloc COMMISSION MEETING AGENDA
Meeting Date: 04/05/2010
Agenda Item Number: P-39
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
PACIFIC HERITAGE, INC.,AMENDMENT NO. 1 TO THE AGREEMENT FOR
PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES(IVDA
REDEVELOPMENT PROJECT AREA)
BACKGROUND:
Economic Development Agency ("Agency") staff is currently implementing various projects citywide
which require the services of a professional construction management firm. On August 17, 2009,
Pacific Heritage, Inc. was awarded an agreement for professional services to provide construction
management services for two projects in need of immediate implementation. The two projects are site
development at Highland and Arden Avenues and skate park construction and handicapped access
improvements at Speicher Park located at 1535 Arden Avenue. Subsequently, an additional project,
Americans with Disabilities Act("ADA")Ramps and Sidewalks is ready to be implemented.
CURRENT ISSUE:
On November 20, 2006, the Agency entered into a Redevelopment Project Study and Exclusive Right
to Negotiate Agreement (the "Agreement') with Home Depot U.S.A., Inc. (the "Developer"), to study
the possibility of developing the site into a retail center to include several retail stores and restaurants
and to be anchored by a third Home Depot store in the City of San Bernardino ("City"). The
Agreement has now expired and Agency Staff is preparing a reversion to acreage in preparation for the
future development of the site. Construction management services were required for various aspects of
site preparation including site security, tree removal, curb and pavement removal, relocation of
utilities, and grading.
On June I, 2009, the Mayor and Common Council of the City of San Bernardino approved the
allocation of $500,000 in Community Development Block Grant-Recovery (CDBG-R) funds for the
construction of a skate park and handicapped access improvements at the community center at
Speicher Park. An additional $451,548 in CDBG-R funds were allocated to the ADA Ramps and
Sidewalks project. CDBG-R funds were provided to the City under the American Recovery and
Reinvestment Act of 2009. Federal regulation requires that the funds be spent on shovel ready projects
as quickly as possible. As a result, construction management services for the design and construction
of these projects were required immediately.
The authorized funding amount Agreement for construction management services originally issued to
Pacific Heritage, Inc., on August 17, 2009 for these projects is now exhausted requiring the approval of
an amendment to the Agreement for continued services.
P NgeN Wcoom aev ComoosooWW N1]% ID Pciric amuge Amendment No.1 P ftssimulS iees nqr MSRd COMMISSION MEETING AGENDA
Meeting Date: 04�//0,5//220�10
Agenda Item Number: I`-�JD
Economic Development Agency Staff Report
Pacific Heritage Amendment No. I Professional Services Agreement
Page 2
ENVIRONMENTAL IMPACT:
No impact under CEQA pursuant to Section 15301.
FISCAL IMPACT:
Account Budgeted Amount: $50,000 from HUD Section 108 funds and $50,000 from CDBG-R funds;
no fiscal impact to City General Fund.
• Balance as of March 25, 2010: $777.858 HUD Section 108 funds and
$871,616 CDBG-R funds.
• Balance after anoroval of this item: $727,858 HUD Section 108 funds an d
$821,616 CDBG-R funds.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
Emil A. arzullo,Interim Executive Director
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P:WFen \CommD Commiuimn\ MlO 5-10PuiLcHmor Am MCM No.IRofnaooasmimvft.emsame COMMISSION MEETING AGENDA
Meeting Date: 0r44/�075/(2/010
Agenda Item Number: ICJ 0
1 RESOLUTION NO. COPY
0 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
8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
community redevelopment agency duly created, established and authorized to transact business and
9
10 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
11 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing
12 at Section 33000 and is authorized to acquire and demolish blighted properties for redevelopment
13 purposes located within the approved redevelopment project areas in the City of San Bernardino
(the"City")in accordance with the CRL; and
O 14
WHEREAS, the Community Development Commission of the City of San Bernardino (the
15
16 "Commission'), as the governing board of the Agency, has authorized the Agency to assemble,
17 acquire real property and demolish blighted structures for community redevelopment purposes in
18 the Inland Valley Development Agency Redevelopment Project Area("Project Area"); and
19 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that
20 cannot be remedied by private parties acting alone without community redevelopment assistance;
and
21
22 WHEREAS, on October 28, 2008, the Agency acquired the last of 73 properties located in
23 the North Arden Guthrie Area south of Highland Avenue between Arden Avenue to the east, 20'"
24 Street to the south and the alleyway adjacent to Guthrie Avenue to the west (the "Properties")
within the Project Area; and
25
26 WHEREAS, it is now necessary to convert the 73 parcels, three streets and three alleyways,
27 including all easements, into a single merged parcel; and
28 WHEREAS, the scope of work will include various aspects of site preparation necessary for
future commercial development of the properties; and
P WPodasleolnions&csolul ion 02 010\04-05-10Puific Hion,y,In[.-A.IM-1 No IP-15-on iii 5ervim Ayramenl CM Mo doc
O1 WHEREAS, on June I, 2009, the Mayor and Common Council of the City of San
2 Bernardino approved CDBG-R funds in the amount of $500,000 to construct a skate park and
3 handicapped access improvements at Speicher Park located at 1535 Arden Avenue; and
4 WHEREAS, the scope of work will include design and construction management for said
5 improvements to be constructed at Speicher Park; and
6 WHEREAS, on August 17, 2009, the Agency and Pacific Heritage, Inc. (the "Consultant'),
7 entered into an Agreement for Professional Services (the "Agreement') to provide design and
8 construction management services for said projects and the Agency desires to amend said
9 Agreement in the amount of $100,000 for the Consultant to provide additional design and project
10 management work of said projects in accordance with the terms and conditions of the Agreement.
11 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
12 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
13 FOLLOWS:
14 Section 1. The information set forth in the above recitals of this Resolution is true and
15 correct.
16 Section 2. The Commission hereby approves Amendment No. 1 to the Agreement by
17 and between the Agency and the Consultant as attached hereto, and incorporated herein by
18 reference.
19 Section 3. The Interim Executive Director of the Agency is hereby authorized to
20 execute Amendment No. 1 to the Agreement on behalf of the Agency in substantially the form
21 attached hereto, together with such changes therein as may be approved by the Interim Executive
22 Director of the Agency and Agency Counsel. The Interim Executive Director of the Agency or
23 such other designated representative of the Agency is further authorized to do any and all things
24 and take any and all actions as may be deemed necessary or advisable to effectuate the purposes of
25 Amendment No. I to the Agreement, including making non-substantive modifications to
26 Amendment No. 1 to the Agreement.
p27 Section 4. This Resolution shall take effect from and after its date of adoption by this
28 Commission.
P\AgetWaSRccoWti0nsAcB01Pti0ns@0I Ma-05-10 Pacific Hvitage,Inc.-Amendment No I ProRisionaI Services Ay nnioa COC ResoWOc
O I 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
7 Development Commission of the City of San Bernardino at a meeting
8 thereof, held on the day of 2010, by the following vote to wit:
9 Commission Members: Ayes Nays Abstain Absent
TO MARQUEZ
11 DESJARDINS
12 BRINKER
13 SHORETT
O14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18
Secretary
19
The foregoing Resolution is hereby approved this day of 2010.
20
21
22 Patrick J. Morris, Chairperson
Community Development Commission
23 of the City of San Bernardino
24 Approved as to Form:
25
26 By'
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Agency Co h sel
C27
28
P IAgmad.a .c eU,-Nnion,M I CR04-05-10 Pacifre Hera age,Inc -Amendmem No I Profession a 5ervicts Atlr¢ em CDC I—d.
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, IN CONSIDERATION OF THE PROMISES AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
QCONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY
ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
I. 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-
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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
Dated: Redevelopment Agency of the City of San
Bernardino, a public body, corporate and politic
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form:
By:
Timothy J. Saj2k, Agency Counsel
CONSULTANT
Pacific Heritage, Inc., a California corporation
Dated: By.
Name:
Title:
Dated: By.
Name:
Title:
-2-
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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
Dated: Redevelopment Agency of the City of San
Bernardino, a public body, corporate and politic
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form:
I____
By:
Timothy J. ab Agency Counsel
CONSULTANT
Pacific Heritage, Inc., a California corporation
Dated: By:
Name:
Title:
Dated: By:
Name:
Title-
-2-
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OIN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date indicated next to the authorized signatures of the officers of each of them as appear below.
AGENCY
Dated: Redevelopment Agency of the City of San
Bernardino, a public body, corporate and politic
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form:
By:
Timothy J. Sab ,Agency Counsel
OCONSULTANT
Pacific Heritage, Inc., a California corporation
Dated: By:
Name:
Title:
Dated: By:
Name:
Title:
O
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