HomeMy WebLinkAboutR36- Economic Development ECONOMIC YDE ELOPPMENITOAGENCY ORIGINAL
FROM: Emil A.Marzullo SUBJECT: Pacific Heritage, Inc., Professional Services
Interim Executive Director Agreement for Construction Management
Services
DATE: August 7,2009
Synopsis of Previous Commission/Council/Committee Action(s):
On August 6, 2009, Redevelopment Committee Members Johnson, Baxter and Brinker had no objections to moving this item
forward to the Community Development Commission.
--- -------------------------------------------- ----- ---------------------
Recommended Motion(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 a Professional Services Agreement by and between the Agency and Pacific Heritage,Inc.,
for professional design and project 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: M Staff Report 0 Resolution 0 Agreement(s)/Contract(s)❑Map(s)❑Letter(s)
Funding Requirements: Amount: $ $100,000 Source: $75,000 HUD Section 108 Funds
Budget Authority: $25,000 CDBG-R Funds
Signature: Fiscal Revie
Emil A. Marzullo,Interim Executive Director RaV DeJest
nterim Administrative Services Director
Commission/ uncil Notes:
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P\Agendas\Co=Dev Co=isdon\CDC20OM&I7-09Pacific HaitW.I Profenio�Services Ageemea SR.doc COMMISSION MEETING AGENDA
Meeting Date: 08/17/2009
Agenda Item Number: kb-
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
PACIFIC HERITAGE, INC., PROFESSIONAL SERVICES AGREEMENT FOR
CONSTRUCTION MANAGEMENT SERVICES
BACKGROUND:
The Economic Development Agency Staff is currently implementing various projects citywide which
require the services of a professional construction management firm. After reviewing the qualifications of
a number of firms, Pacific Heritage, Inc., was awarded a purchase order contract 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 North Arden Avenue.
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. The Agreement has now expired and Agency Staff
is preparing a Development and Disposition Agreement ("DDA") for development of the site.
Construction management services are now required for various aspects of site preparation including site
security,tree removal and relocation of utilities.
On June 1, 2009, the Mayor and Common Council of the City of San Bernardino ("Council') 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. CDBG-R Funds were provided to the City under the American Recovery and Reinvestment Act of
2009 ("ARRA"). 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 the project
were required immediately.
The purchase order for construction management services originally issued to Pacific Heritage, Inc., for
these projects is now exhausted requiring the approval of a contract for continued services. In addition,
this contract gives the Agency the ability to assign work to a professional design and construction
management firm on an as-needed basis.
ENVIRONMENTAL IMPACT:
This action to approve a Professional Services Agreement for construction management services does not
meet the definition of a"Project' under the California Environmental Quality Act ("CEQA") pursuant to
Section 15301.
P:Agendas\Comm Dev Co=ission\CDC 2W 9-1749 Pacific Heritage,Inc.Professional Services Agee ens SR.doc COMMISSION MEETING AGENDA
Meeting Date: 08/17/2009
D91&
Economic Development Agency Staff Report
Professional Services Agreement—Pacific Heritage, Inc.
Page 2
FISCAL IMPACT:
$75,000 from HUD Section 108 Funds and $25,000 from CDBG-R Funds. There is no fiscal impact to
the City's General Fund.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
Emil A. Marzullo, Interim Executive Director
PNgendasTomm Dev Conwis,ion\CDC 200908-17-00 Pacific Heritage,Inc.Profmiotul 5 ices Agmnem SKdoc COMMISSION MEETING AGENDA
Meeting Date: 08/17/2009
A 021.
1 RESOLUTION NO. COP
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 A PROFESSIONAL SERVICES AGREEMENT BY AND
5 BETWEEN THE AGENCY AND PACIFIC HERITAGE, INC., FOR
6 PROFESSIONAL DESIGN AND PROJECT MANAGEMENT SERVICES
(IVDA REDEVELOPMENT PROJECT AREA) C
7
8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
9 community redevelopment agency duly created, established and authorized to transact business and
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
f^ 14 (the "City") in accordance with the CRL; and
t� 15 WHEREAS, the Community Development Commission of the City of San Bernardino (the
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 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;
21 and
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`x'
24 Street to the south and the alleyway adjacent to Guthrie Avenue to the west (the "Properties")
25 within the Project Area; and
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
1
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I future commercial development of the properties; and
2 WHEREAS, on June 1, 2009 the Mayor and Common Council approved CDBG-R funds in
3 the amount of $500,000 to construct a skate park and handicapped access improvements at
4 Speicher Park located at 1535 Arden Avenue; and
5 WHEREAS, the scope of work will include design and construction management for said
6 improvements to be constructed at Speicher Park; and
7 WHEREAS, Pacific Heritage, Inc. (the "Contractor"), is currently providing design and
8 project management services for said projects and the Agency desires to retain the Contractor to
9 perform the design and project management work of said projects in accordance with the terms and
10 conditions of the Professional Services Agreement (the "Agreement") attached hereto and
11 incorporated herein by said reference.
12 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
13 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
14 FOLLOWS:
15 Section 1. The information set forth in the above recitals of this Resolution is true and
16 correct.
17 Section 2. The Commission hereby approves the Agreement between the Agency and
18 the Contractor attached hereto, incorporated herein by reference, and waives any irregularities in
19 the bid as submitted by the Contractor as permitted by the bid documents.
20 Section 3. The Interim Executive Director of the Agency is hereby authorized to
21 execute the Agreement on behalf of the Agency in substantially the form attached hereto, together
22 with such changes therein as may be approved by the Interim Executive Director of the Agency and
23 Agency Counsel. The Interim Executive Director of the Agency or such other designated
24 representative of the Agency is further authorized to do any and all things and take any and all
25 actions as may be deemed necessary or advisable to effectuate the purposes of the Agreement,
26 including making non-substantive modifications to the Agreement.
® 27 Section 4. This Resolution shall take effect from and after its date of adoption by
28 this Commission.
2
P.UBCndas\ResolusionsVtesolutions\I009W8-17-09 Pacific Hcm�c,Inc.-P fcmiovl Sc ca ABrmecm CM Rmo doc
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 A PROFESSIONAL SERVICES AGREEMENT BY AND
4 BETWEEN THE AGENCY AND PACIFIC HERITAGE, INC., FOR
PROFESSIONAL DESIGN AND PROJECT MANAGEMENT SERVICES
5 (IVDA REDEVELOPMENT PROJECT AREA)
6
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8 Development Commission of the City of San Bernardino at a meeting
9 thereof, held on the day of 2009, by the following vote to wit:
10 Commission Members: Ayes Na Abstain Absent
11 ESTRADA —
12 BAXTER —
BRINKER
13
14 —
SHORETT
—
15 KELLEY —
JOHNSON —
16 —
MC CAMMACK —
17 —
18
19 Secretary
20 The foregoing Resolution is hereby approved this day of 2009.
21
22 Patrick J. Moms, Chairperson
23 Community Development Commission
of the City of San Bernardino
24
25 Approved as to Form:
26
By:
27 Agency o sel
28
3
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
PACIFIC HERITAGE, INC. CORPORATION
This AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement') is made and
entered into as of August 17, 2009 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").
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:
1. 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 is this Agreement and will terminate upon the completion of the services described in
the Scope of Services as referenced in Section 3, unless earlier terminated as provided in this
Agreement. The Agency reserves the right through the actions of the Interim Executive Director to
terminate this Agreement at anytime either with or without cause and at the sole convenience of the
Agency upon delivery of notice of termination to the Consultant; provided, however, that upon the
effective date of any such termination, the Agency shall be responsible to pay and/or reimburse the
Consultant for all services, materials and supplies as may have been furnished to the Agency in
accordance with the Scope of Services as referenced in Section 3.
3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to
provide the professional consulting services set forth in the Scope of Services attached hereto as
Exhibit A and incorporated herein by this reference. The Consultant hereby agrees to perform the
work set forth in the Scope of Services, in accordance with the terms of this Agreement. The
Consultant shall perform the services as set forth on said Scope of Services within the time periods to
be identified by the appropriate Agency representative. The Scope of Services shall relate to the
professional consulting and design and construction management services to be performed by the
Consultant in connection with the site preparation necessary for future commercial development for
the site commonly referred to as the North Arden Guthrie Area in the Inland Valley Development
Agency (IVDA) Redevelopment Project Area, and the design and construction of a skate park and
handicapped access improvements at Speicher Park, located at 1535 Arden Avenue, San Bernardino,
California.
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4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant in an aggregate amount not to exceed
$100,000 for completion of the services described in the Scope of Services set forth in Exhibit A.
B. The compensation designated in subsection 4A. shall be the Total Fee for the
performance of the work and the delivery of the final work product materials, as set forth in the Scope
of Services. The Total Fee shall include, but not be limited to, the salaries of all subcontractors
retained by the Consultant and all employees of the Consultant. to perform work pursuant to this
Agreement and shall be inclusive of all costs and expenses incurred for mileage, travel, graphics,
telephone, printing, fax transmission, postage, copies and such other expenses related to completion of
the work set forth in the Scope of Services.
C. The Consultant shall invoice the Agency for work performed by the Consultant under
this Agreement each calendar month during the term of this Agreement.
D. The Consultant shall submit invoices under this Agreement to:
Redevelopment Agency of the City of San Bernardino
Attention: 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.
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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
of the Consultant, its officers, employees, subcontractors, representatives and/or agents, arising from or
related to performance by the Consultant of the work required under this Agreement.
7. INSURANCE. The Consultant shall maintain insurance, as set forth in below to this
Agreement, throughout the term of this Agreement. The Consultant shall remain liable to the Agency
pursuant to Section 6 above to the extent the Consultant is not covered by applicable insurance for all
losses and damages incurred by the Agency that are caused directly or indirectly through the actions or
inactions, willful misconduct or negligence of the Consultant and/or of its officers, employees, agents,
representatives and/or subcontractors, in the performance of the duties incurred by the Consultant
pursuant to this Agreement.
8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND
INFORMATION. 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 of the maps,photographs, data,
information, reports, drawings, specifications, computations, notes, renderings, designs, inventions,
photographs, modifications, adoptions, utilizations, correspondence or other documents and record,
register and procure an issuance in or to the Agency's rights, title and/or interest. Any reuse without
written verification or adaptation by the Consultant for the specific purpose intended will be at the
Agency's sole risk and without liability or legal exposure to the Consultant.
9. PRESS RELEASES. Press or news releases, including photographs or public
announcements, or confirmation of the same related to the work to be performed by the Consultant
under this Agreement shall only be, made by the Consultant with the prior written consent of the
Agency.
10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall
keep confidential all reports, survey notes and observations, information, and data acquired or
generated in performance of the work set forth in the Scope of Services, which the Agency designates
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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.
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
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parties hereto from giving notice by personal service or telephonically verified fax transmission, which
shall be deemed effective upon actual receipt of such personal service or telephonic verification.
Either party may change their-address for receipt of written notice by notifying the other party in
writing of a new address for delivering notice to such party.
CONSULTANT: Pacific Heritage, Inc.
700 East Redlands Blvd.
Suite#U-121
San Bernardino, California 92373
AGENCY: Redevelopment Agency of the City of San Bernardino
Attention: Interim Executive Director
201 North"E"Street, Suite 301
San Bernardino, California 92401
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
of this Agreement, or the application of such term or provision to circumstances other than those to
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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
employment relationships, contractual relationships of any nature or any other financial arrangements
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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. CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITY. The Agency
and the Consultant agree that except as otherwise provided in this Section 28, in no event will either be
liable to the other under this Agreement for any damages relating to special damages, loss of revenue,
loss of profit, operating costs or business interruption losses, regardless of cause, including breach of
contract, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in
this Section 28 shall apply regardless of fault, breach of contract, tort, strict liability or otherwise of the
Consultant and the Agency, their employees, agents, representatives and/or subconsultants.
[SIGNATURES ON FOLLOWING PAGE]
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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 and Legal Content:
By:
Timothy J. Sab , Agency Counsel
CONSULTANT
Pacific Heritage, Inc., a California corporation
Dated: By:
Name:
Title:
Dated: By:
Name:
Title:
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EXHIBIT A
SCOPE OF SERVICES
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Scope of Services
The following is our scope, fee and assumptions for the process and completion of provide
construction management services to San Bernardino Economic Development Agency
(hereinafter referred to as the "Agency') for any requested or assigned projects.
Scope of Work and Fee
Pacific Heritage Inc, proposes to provide the construction management services to the Agency
as outlined below.
Highland and Arden Project
• Coordinate Relocation of utilities with local utility companies
• Request and review bids for associated work on project site
• Provide on-site supervision for all on site activities
• Provide clean up and control measures for site
• Work in conjunction with MAPCO on the lot revision filing
• Coordinate with local utilities for easement releases
• Coordination with Agency about progress and direction of site and future
uses
East Side Skate Park
• Coordinate with Agency for design and focus of project
• Request and review bids for associated work on project site
• Provide on-site supervision for all on site activities
• Provide clean up and control measures for site
• Write and post RFP as required by law
• Review and respond to all RFI, Submittals and Billing questions
• Review all received bid and provide recommendation to Agency
• Coordinate with Agency and Staff to provide a current time schedule
• Provide Agency with final close out documents when project is complete.
PROPOSED FEE $ 100,000.00
Exclusions from the "PROPOSED FEE" noted above are the following
• Reproduction, Printing, Mailing, Shipping and other reimbursable
• Cost for special consultants, Engineers, Architects' and Testing Agencies
• Permits and fees for all public/local agencies.
• All subcontractors and material provided not covered in agency provided contracts
All of these items to be billed at cost plus 10%
Schedule
Project schedules will be determined on a project by project basis with the approval of the
agency as to the feasibility of the schedule.
Unexpected Circumstances
Should circumstances arise which are unexpected requiring investigation and collaboration with
third parties to resolve issues or complete the project. The cost associated with these activies
shall be added to the total contract amount upon approval by the Agency.
Contract Amendment
This contract can be amended anytime during the contract period to allow an fixed cost increase
to provide services for additional projects assigned by the Agency. This cost amount will be a
mutually agreed to my both parties before final amount is approved.
Schedule of Fees and Costs
Please see the attached schedule of fees for our services.
PACIFIC HERITAGE INC
OUR REPUTATION IS BUILDING
Basic Rate Sheet
Position Description Hourly Rate
ProgramManager.......................................................................... $ 120.00
Inspection Services........................................................................ $ 120.00
Environmental Safety & Compliance Mgr............................................ $ 120.00
Entitlement Services....................................................................... $ 120.00
DIRE Services............................................................................... $ 120.00
Project Manager............................................................................ $ 114.00
Superintendent..—........................................................................ $ 93.00
Contract Administrator..................................................................... $ 89.00
Project Engineer........................................................................... $ 84.00
Estimating Services...................................................................... $ 84.00
Project Administrator..................................................................... $ 66.00
MW 14 X09 ,.
700 East -Redlands Blvd. Suite U-121 • Redlands. CA. 92373
PACIFIC E RIT G NCO
STATEMENT OF QUALIFICATIONS
Pacific Heritage Inc is a construction management firm,located in Redlands,California. Our
management services mission is to promote a culture of"anticipate"where all aspects affecting the
outcome of a project are professionally underpinned by best-in-class service procedures;coupled with our
team's personal commitment to your projects success.This allows our consultants to provide effective
solutions whether they are leading an initiative or simply assisting the project team.
Our team consists of experts in the field of Public Works Contract Administration,Hazardous Materials
Management and Risk Reduction,Building Inspections,Construction Management,Critical Path Analysis,
Planning,Organization and control of a diverse range of resources with a common goal and often within
a unique environment through all phases-of the construction process.
Proper planning and scheduling from the beginning of any project is the key to meeting expectations and
objectives.Pacific Heritage Inc.has in place proven systems to ensure planning is carried out methodically
and with due regard to potential constraints,risks and barriers to progress.
Our expertise includes the overall supervision and organization of project construction from entitlements
to Certificates of Occupancy. We can join your team mid-stream or from the onset of your initial vision
of the project.
We have the capability,confidence and resources(Architects,Engineers,Inspectors and Real Estate
professionals)to satisfy the most demanding requirements while bringing value through an innovative and
imaginative approach.
Our management services include:
• Construction management
• Design management
• Logistics planning and management
• Pre-qualification and selection of consultants,contractors and trade packages
• Direction and control of the construction site
• Safety management with expertise in OSHA and Hazardous Materials
• Quality management
• Entitlement,DRE and permit processing.
• Change Order Management,RFIs,Submittals,Certificates of Completion and/or Occupancy
Pacific Heritage Inc.currently holds all required licenses(CCL 899571),insurance,bonding ability and
resources to join with your team immediately.
Principals: John Brian MacGregor
Donald C.Monte
Project Management: Chris Evans
Kathleen Giorgiarim
Contact Information: Phone: (909)7930207 Fax: (909)793-7382
u��w.pacifichezitageinc con
700 EAST REDLANDS BLVD. SUITE U121 REDLANDS. CA 92373
909.793.0207 WWW. PACI FICHE RITAGEINC.COM CA. LICENSE fi 899571
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PACIFIC HER
- G
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CONSTRUCTION MANAGEMENT, ENTITLEMENTS,
ENVIRONMENTAL COMPLIANCE and INSPECTION OVERSIGHT
Construction Manaeement Services
Mount San Antonio Community College—Athletic Fields
Value: 7,500,000
Construction Schedule: 1 'h Years
City of San Bernardino Economic Development Agency— East Side Skate Park
Value: 125,000
Construction Schedule: 4 Months
City of San Bernardino Economic Development Agency—Highland and Arden Lot Revision
Value: 250,000
Construction Schedule: 8 Months
Twenty Nine Palms Hospital— Expansion
Value: 2,000,000
Construction Schedule: 1 Year
Otay Ranch Shopping Center—Ground Up Retail Shopping Complex Including Site Development
and Street Improvements
Value: 13,000,000
Construction Schedule: 2 %,Years
Discount Tire Company—New Corporate Office, 4 Story Class A Office Building with Underground Parking
Value: 6,200,000
Construction Schedule: 1 Year
Fulton Ranch Town Center—Retail Center75,000 Sq. Ft. Retail Complex including Site Development,
Street Improvements and Storm Drain.
Value: 4,230,000
Construction Schedule: 8 Months
Ontario Unified School District—Upgrades for 8 School Sites
Classroom Modemization/Remodel/ADA Upgrades/New Construction Coordination.
Value: 7,000,000
Construction Schedule: 1 Year
San Bernardino Valley College—New Construction/Site Preparation
Oversaw site work and demolition for installation of portable classrooms. Managed construction of a 70,000 sq.
ft. maintenance operation facility.
Value: 3,000,000
Construction Schedule: 9 Months
700 EAST REDLANDS BLVD. SUITE U121 REDLANDS, CA 92373
909.793.0207 WWW. PACIFICHERITAGEINC.COM CA. LICENSE s 899571
PACIFIC HER. M
Entitlement Services
Dos Logos—Corona,CA
First mixed use live/work approved in the City of Corona. District financed improvements, subdivision map,
negotiated participation in the Community Financed District, Easements, Street Improvements.
Value: 20,000,000
Granite Springs—Hesperia,CA
172 Unit Condominium Project
Negotiations for street improvements and exclusionary housing.
Value: 5,000,000
Arcadia Square—Hesperia,CA
132 detached Town Homes/100,000 sq. ft. Retail Center. Management of compliance with all CEQU
Requirements.
Value: 6,000,000
The Orchards—Apple Valley,CA
56 Unit Residential Development Project. Private/Public funded capital improvements subdivision map, CEQA
Compliance.
Value: 2,700,000
High Rise—San Francisco,CA
Q3 Story High Rise Tear Down/Build Out. Obtained entitlements for demolition and construction of high-rise.
avigated demolition requirements for tear down of existing structure including removal of lead,asbestos, etc.
Inspection Services
In regulatory compliance with the California Health and Safety Code Sections 17950-17959.6 and 18935-
18944.11 and Title 24 California Building Standards Commission. We have over 30,000 required inspections
performed on a variety of projects. Several hundreds of single-family residences,commercial office parks,
medical office parks, multi-family projects and mixed-use projects. We have also completed many commercial
tenant improvement and residential additions and alteration projects.
Dolfin Bay,Pismo Beach,CA
70 Unit Condominium Project.
Performed all code-required inspections in compliance with all applicable laws.
Value: 12,000,000
Valentina,Pismo Beach,CA
9 Unit Luxury Condominium and Commercial Space
Performed all code-required inspections in compliance with all applicable laws.
Value: 2,000,000
Mission Inn,Pismo Beach,CA
120 Unit Hotel Conference Center and Lounge
Performed all code-required inspections in compliance with all applicable laws.
`7alue: 7,000,000
700 EAST REDLANDS BLVD. SUITE U121 REDLANDS. CA 92373
909.793 . 0207 WWW. PACIFICHERII-AGEINC.COM CA. LICENSE t 899571
PACIFIC HE NC
Inspection Services Continued
Oak Park Medical Office Campus
Performed all code-required inspections in compliance with all applicable laws.
Vale: 4,600,000
Compliance Services
City of San Bernardino Economic Development Agency—Inco Gas Station
Provide independent oversight for water and soil remediation of a former fuel station. Verify regulatory
compliance.
Southern California Edison,CA
Provided oversight for removal of California Edison generated hazardous wastes up to the point of compliance
with State and Federal Hazardous Waste regulations.
County of San Bernardino,CA
Provided regulatory oversight for compliance with California Health and Safety Code,California code of
regulations,title 22 and code of Federal Regulations TITLE 40. Acted as regulatory compliance entity.
Oakview Construction,CA
Provided waste minimization and regulatory compliance services.
/
E iompanv Information
Principals: John Brian MacGregor
Donald C. Moore
Project Management: Joe Crump
Chris Evans
Kathleen Giorgianni
California Contractors License Number: 899571
Employer Identification Number: 20-8286513
700 EAST REDLANDS BLVD. SMITE U121 REDLANDS. CA 92373
909.793. 0207 WWW. PACIFICHERITAGEINC.COM CA. LICENSE # 899571
EXHIBIT B
SUPERVISORY STAFF PERSONNEL
Agency 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 Liability Insurance. The Consultant and each of its
subcontractors shall maintain general liability insurance with limits of not less than
$1,000,000 combined single limit per occurrence for all activities and actions of the
Consultant and each of its subcontractors for those types of liabilities not otherwise
covered in items (2), (3), or(4)below.
(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 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.
(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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