HomeMy WebLinkAboutR30- Economic Development • CITY OF SAN BEIUVAMNO ORIGINAL
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A.Marzullo SUBJECT: Professional Services Agreement with MAPCO
Interim Executive Director Corporation for Design and Engineering
Services for Handicapped Access Street
Improvement Projects
DATE: October 26,2010
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Synopsis of Previous Commission/Council/Committee Action(s):
On October 7, 2010, Redevelopment Committee Members Johnson, Marquez and Brinker unanimously voted to recommend
that the Mayor and Common Council and the Community Development Commission consider this action for approval.
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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 MAPCO Corporation, for Professional Consulting and Engineering Services for Handicapped
Access Street Improvement Projects(40d`Street, South Valle,IVDA and Northwest Redevelopment
Project Areas)
Contact Person(s): Brian Turnbull Phone: (909)663-1044
40` Street, South Valle,IVDA and
Northwest Redevelopment Project
Project Area(s): Areas Ward(s): 2nd 3rd 4`h and 6d`
Supporting Data Attached: 0 Staff Report 0 Resolution(s) OAgreement(s)/Contract(s) ❑Map(s) ❑Letter(s)
FUNDING REQUIREMENTS: Amount: $ 100,000 Source: $50,000 CDBG-R;$50,000 CDBG
Budget Authority: 2010-2011 Budget
Signature: Fiscal Review:
Emil A.Mar to ' Executive Director / Lori zino- ' ery eri hief Financial Officer
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Commission/Council Notes:
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PAComm Dev Commission\CDC 2010\11-15-10 MAPCO Consulting&Engineering Services Agreement SR COMMISSION MEETING AGENDA
Meeting Date: 11/15/2010
Agenda Item Number: 6
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
PROFESSIONAL SERVICES AGREEMENT WITH MAPCO CORPORATION FOR DESIGN
AND ENGINEERING SERVICES FOR HANDICAPED ACCESS STREET IMPROVEMENT
PROJECTS
BACKGROUND:
Economic Development Agency Staff is currently implementing two handicapped access street
improvement projects that require the services of a professional construction design and engineering
firm. After reviewing the qualifications of a number of firms, MAPCO Corporation was awarded a
purchase order contract to provide design and engineering services for the two projects in need of
immediate implementation. The two projects are Americans with Disabilities Act (ADA)
Handicapped Access Improvements at various locations in the City of San Bernardino — Phase II and
Street Reconstruction/Handicapped Access Improvements on Fairfax and Hillside Streets.
CURRENT ISSUE:
On February 17, 2009, Congress passed the American Recovery and Reinvestment Act of 2009
("ARRA") which provided stimulus funding to a variety of programs for shovel-ready projects. Under
the ARRA, Community Development Block Grant-Recovery Funds ("CDBG-R") were provided to the
City of San Bernardino ("City"). The availability of these funds allowed for the design and
construction of the American with Disabilities Act ("ADA") Ramps and Sidewalks Project to be
constructed at various locations Citywide.
On June 1,2009,the Mayor and Common Council of the City of San Bernardino ("Council") approved
the allocation of $451,548 in CDBG-R Funds for the Redevelopment Agency of the City of San
Bernardino ("Agency") to administer and construct a citywide handicapped access improvements
project. Federal regulation requires that the funds be spent on shovel-ready projects as quickly as
possible. The data and field survey, preparation of plans and project specifications were completed by
the City's Development Services engineering and design section for Phase I. However, due to a lack
of staff, they requested that the Agency contract with an outside consultant to complete Phase II of the
project. As a result, professional design and engineering services for the project were required
immediately.
Solicitation of design and engineering services was initiated with RBF Consulting, Parson Corporation
and MAPCO responding. Based on ability to start the project immediately, experience and being a
local contractor, MAPCO was issued a purchase order for the project.
The purchase order for professional design and engineering services originally issued to MAPCO
Corporation for these projects is now exhausted requiring the approval of a contract for continued
services.
P:\Comm Dev Commission\CDC 2010\11-15-10 MAPCO Consulting&Engineering Services Agreement SR COMMISSION MEETING AGENDA
Meeting Date:-- 1�1/1-5/2010
Agenda Item Number: C���
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
PROFESSIONAL SERVICES AGREEMENT WITH MAPCO CORPORATION FOR DESIGN
AND ENGINEERING SERVICES FOR HANDICAPED ACCESS STREET IMPROVEMENT
PROJECTS
BACKGROUND:
Economic Development Agency Staff is currently implementing two handicapped access street
improvement projects that require the services of a professional construction design and engineering
firm. After reviewing the qualifications of a number of firms, MAPCO Corporation was awarded a
purchase order contract to provide design and engineering services for the two projects in need of
immediate implementation. The two projects are Americans with Disabilities Act (ADA)
Handicapped Access Improvements at various locations in the City of San Bernardino — Phase II and
Street Reconstruction/Handicapped Access Improvements on Fairfax and Hillside Streets.
CURRENT ISSUE:
On February 17, 2009, Congress passed the American Recovery and Reinvestment Act of 2009
("ARRA") which provided stimulus funding to a variety of programs for shovel-ready projects. Under
the ARRA, Community Development Block Grant-Recovery Funds ("CDBG-R") were provided to the
City of San Bernardino ("City"). The availability of these funds allowed for the design and
construction of the American with Disabilities Act ("ADA") Ramps and Sidewalks Project to be
constructed at various locations Citywide.
On June 1, 2009, the Mayor and Common Council of the City of San Bernardino ("Council") approved
the allocation of $451,548 in CDBG-R Funds for the Redevelopment Agency of the City of San
Bernardino ("Agency") to administer and construct a citywide handicapped access improvements
project. Federal regulation requires that the funds be spent on shovel-ready projects as quickly as
possible. The data and field survey, preparation of plans and project specifications were completed by
the City's Development Services engineering and design section for Phase I. However, due to a lack
of staff, they requested that the Agency contract with an outside consultant to complete Phase II of the
project. As a result, professional design and engineering services for the project were required
immediately.
The purchase order for professional design and engineering services originally issued to MAPCO
Corporation for these projects is now exhausted requiring the approval of a contract for continued
services.
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P:\Comm Dev Commission\CDC 2010\11-15-10 MAPCO Consulting&Engineering Services Agreement SR COMMISSION MEETING AGENDA
Meeting Date: 11/15/2010
Agenda Item Number:
Economic Development Agency Staff Report
MAPCO Professional Consulting&Engineering Services Agreement
Page 2
ENVIRONMENTAL IMPACT:
None. This activity does not meet the definition of a "Project" under Section 15378 of the California
Environmental Quality Act ("CEQA"), which states that a "project" means the whole of an action,
which has a potential for resulting in either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT:
$50,000 from CDBG Funds and $50,000 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 and approve the
Agreement between the Agency and MAPCO Corporation.
Emil A. Marzullo, Interim Executive Director
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PXomm Dev Commission\CDC 2010\11-15-10 MAPCO Consulting&Engineering Services Agreement SR COMMISSION MEETING AGENDA
Meeting Date: 11/15/2010
Agenda Item Number: -p—, go
1 RESOLUTION NO.
Q °
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 MAPCO CORPORATION FOR
PROFESSIONAL CONSULTING AND ENGINEERING SERVICES FOR
6 HANDICAPPED ACCESS STREET IMPROVEMENT PROJECTS (40TH
7 STREET, SOUTH VALLE, IVDA AND NORTHWEST REDEVELOPMENT
PROJECT AREAS)
8
9 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
10 community redevelopment agency duly created, established and authorized to transact business and
11 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
12 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing
13 at Section 33000 and is authorized to acquire and demolish blighted properties for redevelopment
14 purposes located within the approved redevelopment project areas in the City of San Bernardino
15 (the "City") in accordance with the CRL; and
16 WHEREAS, the Community Development Commission of the City of San Bernardino (the
17 "Commission"), as the governing board of the Agency, has authorized the Agency to design and
18 construct an American with Disabilities Act ("ADA") Handicapped Access Ramps and Sidewalks
19 Project at various locations Citywide; and
20 WHEREAS, the Project Areas display substantial and pervasive symptoms of blight that
21 cannot be remedied by private parties acting alone without community redevelopment assistance;
22 and
23 WHEREAS, on June 1, 2009 the Mayor and Common Council approved CDBG-R funds in
24 the amount of $451,548 to design and construct handicapped access improvements at various
25 locations Citywide; and
26 WHEREAS, the scope of work will include data and field survey, preparation of plans and
27 project specifications and preparation of all bid documents; and
28 WHEREAS, MAPCO Corporation (the "Contractor"), is currently providing design and
P:Wgendas\Resolutions\Resolutions\2010\11-15-10 MAPCO Professional Consulting&Engineering Services Agreement CDC Reso.doc
I engineering services for said projects and the Agency desires to retain the Contractor to perform
2 the design and engineering work on said projects in accordance with the terms and conditions of
"Agreement") attached hereto and incorporated herein b
3 the Professional Services Agreement(the g ) rp Y
4 said reference.
5 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
6 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
7 FOLLOWS:
8 Section 1. The information set forth in the above recitals of this Resolution is true and
9 correct.
10 Section 2. The Commission hereby approves the Agreement between the Agency and
11 the Contractor attached hereto, incorporated herein by reference, and waives any irregularities in
12 the bid as submitted by the Contractor as permitted by the bid documents.
13 Section 3. The Interim Executive Director of the Agency is hereby authorized to
I
14 execute the Agreement on behalf of the Agency in substantially the form attached hereto, together
15 with such changes therein as may be approved by the Interim Executive Director of the Agency and
16 Agency Counsel. The Interim Executive Director of the Agency or such other designated
17 representative of the Agency is further authorized to do any and all things and take any and all
18 actions as may be deemed necessary or advisable to effectuate the purposes of the Agreement,
19 including making non-substantive modifications to the Agreement.
20 Section 4. This Resolution shall take effect from and after its date of adoption by this
21 Commission.
22
23
24
25
26
27
28
2
P:\Agendas\Resolutions\Resolutions\2010\11-15-10 MAPCO Professional Consulting&Engineering Services Agreement CDC Reso.doc
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
3 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND
4 BETWEEN THE AGENCY AND MAPCO CORPORATION FOR
PROFESSIONAL CONSULTING AND ENGINEERING SERVICES FOR
5 HANDICAPPED ACCESS STREET IMPROVEMENT PROJECTS (40TH
STREET, SOUTH VALLE, IVDA AND NORTHWEST REDEVELOPMENT
6 PROJECT AREAS)
7
g 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 day of , 2010, by the following vote to wit:
11 Commission Members: Ayes Nays Abstain Absent
12 MARQUEZ
13 DESJARDINS
14 BRINKER
15 SHORETT
KELLEY
16
JOHNSON
17
MC CAMMACK
18
19 C>
20 Secretary
21 The foregoing Resolution is hereby approved this day of 92010.
22
23
Patrick J. Morris, Chairperson
24 Community Development Commission
of the City of San Bernardino
25
26 Approved as to Form:
27 7-;;;; w
By: 41;1WW- W,
28 Agency u el
3
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9
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
MAPCO CORPORATION
This AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement") is made and
entered into as of November 15, 2010 by and between the Redevelopment Agency of the City of San
Bernardino (the "Agency"), a public body, corporate and politic, and MAPCO Corporation, 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 in this Agreement and will terminate upon the completion of the services described in
the Scope of Services as referenced in Section 3, unless earlier terminated as provided in this
Agreement. The Agency reserves the right through the actions of the Interim Executive Director to
terminate this Agreement at anytime either with or without cause and at the sole convenience of the
Agency upon delivery of notice of termination to the Consultant; provided, however, that upon the
effective date of any such termination, the Agency shall be responsible to pay and/or reimburse the
Consultant for all services, materials and supplies as may have been furnished to the Agency in
accordance with the Scope of Services as referenced in Section 3.
3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to
provide the professional consulting services set forth in the Scope of Services attached hereto as
Exhibit A and incorporated herein by this reference. The Consultant hereby agrees to perform the
work set forth in the Scope of Services, in accordance with the terms of this Agreement. The
Consultant shall perform the services as set forth on said Scope of Services within the time periods to
be identified by the appropriate Agency representative.
4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant in an aggregate amount not to exceed
$100,000 for completion of the services described in the Scope of Services set forth in Exhibit A.
Consultant compensation shall be paid pursuant to the hourly rates described in Scope of Services,
Exhibit A.
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B. The compensation designated in subsection 4A. shall be the Total Fee for the
performance of the work and the delivery of the final work product materials, as set forth in the Scope
of Services. The Total Fee shall include, but not be limited to, the salaries of all subcontractors
retained by the Consultant and all employees of the Consultant to perform work pursuant to this
Agreement and shall be inclusive of all costs and expenses incurred for mileage, travel, graphics,
telephone, printing, fax transmission, postage, copies and such other expenses related to completion of
the work set forth in the Scope of Services.
C. The Consultant shall invoice the Agency for work performed by the Consultant under
this Agreement each calendar month during the term of this Agreement.
D. The Consultant shall submit invoices under this Agreement to:
Redevelopment Agency of the City of San Bernardino
Attention: Brian Turnbull, Project Manager
201 North"E" Street, Suite 301
San Bernardino, California 92401
E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant
incurred in performance of the Scope of Services, during the period of time for which the invoice is
issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of
the Consultant and any individual subconsultants utilized by the Consultant, during the time period
covered by the invoice, a description of the professional services rendered on a daily basis by each
named individual during such time period, the respective hourly rates of each named individual and the
actual time expended by each named individual. Each invoice of the Consultant shall be accompanied
by copies of all third party invoices for other direct costs incurred and paid by the Consultant during
such time period. The Agency shall pay all amounts set forth on the invoices of the Consultant and
approved by the authorized Agency staff personnel who requested the services, within thirty (30)
calendar days of such approval.
5. RECORDS RETENTION. Records, maps, field notes and supporting documents and
all other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the
Consultant and available to the Agency for examination and for purposes of performing an audit for a
period of five (5) years from the date of expiration or termination of this Agreement or for a longer
period, as required by law. Such records shall be available to the Agency and to appropriate county,
state or federal agencies and officials for inspection during the regular business hours of the
Consultant. If the Consultant does not maintain regular business hours, then such records shall be
available for inspection between the hours of 9 a.m. and 5 p.m. Monday through Friday, excluding
federal and state government holidays. In the event of litigation or an audit relating to this Agreement
or funds paid to the Consultant by the Agency under this Agreement, such records shall be retained by
the Consultant until all such litigation or audit has been resolved.
6. INDEMNIFICATION. The Consultant shall defend, indemnify, protect and hold
harmless the Agency, its officers, employees, representatives, and agents from and against any and all
actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs, court
costs and attorneys' fees, for injury or damage of any type claimed as a result of the acts or omissions
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of the Consultant, its officers, employees, subcontractors, representatives and/or agents, arising from or
related to performance by the Consultant of the work required under this Agreement.
7. INSURANCE. The Consultant shall maintain insurance, as set forth in 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
confidential. None of such designated confidential materials or information may be made available to
any person or entity, public or private,without the prior written consent of the Agency.
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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
parties hereto from giving notice by personal service or telephonically verified fax transmission, which
shall be deemed effective upon actual receipt of such personal service or telephonic verification.
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Either party may change their address for receipt of written notice by notifying the other party in
writing of a new address for delivering notice to such party.
CONSULTANT: MAPCO Corporation
Attention: David E. Mlynarski
413 MacKay Drive
San Bernardino, California 92408
Phone: (909) 384-7464, extension 106
AGENCY: Redevelopment Agency of the City of San Bernardino
Attention: Interim Executive Director
201 North"E" Street, Suite 301
San Bernardino, California 92401
Phone: (909) 663-1044
Fax: (909) 888-9413
14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and
federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the
work to be performed by the Consultant under this Agreement, as amended from time to time. The
Consultant shall maintain all necessary licenses and registrations for the lawful performance of the
work required of the Consultant under this Agreement.
15. NONDISCRIMINATION. The Consultant shall not discriminate against any person on
the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap
in the performance of the Scope of Services of this Agreement. Without limitation, the Consultant
hereby certifies that it will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, marital status of national origin. Further, the Consultant shall promote
affirmative action in its hiring practices and employee policies for minorities and other designated
classes in accordance with federal, state and local laws. Such action shall include, but not be limited
to, the following: recruitment and recruitment advertising, employment, upgrading and promotion. In
addition, the Consultant shall not exclude from participation under this Agreement any employee or
applicant for employment on the basis of age, handicap or religion in compliance with State and
Federal laws.
16. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT
CONTRACTORS. The Consultant shall at all times during the performance of any work described in
the Scope of Services be deemed to be an independent contractor. Neither the Consultant nor any of
its subcontractors shall at any time or in any manner represent that it or any of its employees, agents or
representatives are employees of the Agency or any member agency of the Agency. The Agency shall
not be requested or ordered to assume any liability or expense for the direct payment of any salary,
wage or benefit to any person employed by the Consultant or its subcontractors to perform any item of
work described in the Scope of Services. The Consultant is entirely responsible for the immediate
payment of all subcontractor liens.
17. SEVERABILITY. Each and every Section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this Agreement or the
application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder
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of this Agreement, or the application of such term or provision to circumstances other than those to
which it is declared invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties. This Agreement supersedes all prior negotiation, discussions and agreements between the
parties concerning the subject matters covered herein. The parties intend this Agreement to be the
final expression of their agreement with respect to the subjects covered herein and a complete and
exclusive statement of such terms.
19. AMENDMENT OR MODIFICATION. This Agreement may only be modified or
amended by written instrument duly approved and executed by each of the parties hereto. Any such
modification or amendment shall be valid, binding and legally enforceable only if in written form and
executed by each of the parties hereto, following all necessary approvals and authorizations for such
execution.
20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
California. Any legal action arising from or related to this Agreement shall be brought in the Superior
Court of the State of California in and for the County of San Bernardino.
21. NON-WAIVER. Failure of either party to enforce any provision of this Agreement
shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining
provisions of this Agreement.
22. ASSIGNMENT. This Agreement may not be assigned by the Consultant without the
prior written consent of the Agency.
23. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons
executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of
and bind the parties each purports to represent.
24. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one or
more counterparts, each of which will constitute an original.
25. EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement shall
not be binding on the Agency until signed by an authorized representative of the Consultant, approved
by the Agency and executed by the Interim Executive Director or his designee.
26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests
adverse to the Agency or its individual member entities, at the time of execution of this Agreement.
The Consultant hereby agrees that, during the term of this Agreement, the Consultant shall not enter
into any agreement or acquire any interests detrimental or adverse to the Agency or its individual
member entities. Additionally, the Consultant hereby represents and warrants to the Agency that the
Consultant and any corporation, limited liability company, partnership, individual persons or any other
party or parties comprising the Consultant, together with each subcontractor who may hereafter be
designated to perform services pursuant to this Agreement, do not have and, during the term of this
Agreement, shall not acquire any property ownership interest, business interests, professional
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
ownershi p 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.
NMr [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date indicated next to the authorized signatures of the officers of each of them as appear below.
AGENCY
Redevelopment Agency of the City of San
Bernardino, a public body, corporate and politic
Dated: By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By:
Timothy P<+) Agency Counsel
CONSULTANT
MAPCO, 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 - Phase II ADA Ramps and Sidewalks Project
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All design work performed shall be completed in
compliance with current City standards, City
specifications, and the Green Book (latest edition). Consultant shall manage all aspects of this project
up to the point of advertisement for bids. The following is the project scope of work:
Assemble Existing Data:
Assemble and review available information pertaining to the project, including existing survey data, as-
built improvement plans, City map, aerial photographs, utility information, and other available record
data.
Field Survey:
Field review shall be performed to identify and/or verify existing conditions such as existing traffic
control devices and utility infrastructure, deficient pavement, potential utility conflicts, etc. The field
survey shall be conducted to ensure physical conditions are properly identified at 22 locations for
construction of ramps, sidewalk, pavement, spandrels, cross gutters, curb and gutter, and driveway
approaches.
PS&E(Plans, Specifications, Estimates):
• Design parameters shall conform to latest guidelines of the Federal Manual on Uniform Traffic
Control Devices (MUTCD), local agency standards, American Public Works Association Standard
Plans for Public Works Construction, and the latest editions of Public Works Standard Plans, and
Specifications (Green Book), and Standard Specifications.
• Discussions will be held with the City staff regarding City's requirements and procedures affecting
the construction of the project which, to achieve best results when applied to the project, and
recommendations will be made for alternative methods and options.
• Construction cost estimates will be prepared in detail on standard construction cost data sheets.
• Traffic Control Plans: Separate traffic control plans will not be prepared; as such plans would not be
necessary. Traffic control will be covered by referring to MUTCD.
• Signing and Striping Plans: Signing and striping modifications are to be included in plans prepared.
• Layout Plans: Layout plans are necessary to establish horizontal control of the curb returns,
approach, and integration with existing paving.
• Right-of-way: Check existing right-of-way maps, provided by the City, to verify the location of
proposed improvements in relation to the existing right-of-way.
• Specifications, bid package, contract documents: The consultant will prepare technical
specifications and estimate.
• Final Design: Based on the City comments and requirements, revise the plans, specifications, and
estimates. Upon final approval, submit final original plans, specifications, and estimates to the City
for bidding purposes. Final design plans will show all necessary information in adequate detail to
permit construction directly there from and indicate and delineate details necessary for a
construction contractor. They will be prepared in AutoCAD format, and electronic files will be
provided to the City.
• The final product to be provided by consultant is an approved set of complete plans, specifications
and estimates ready for bidding with supporting data, calculations and other details necessary to
complete the project in a format acceptable to the City. Plans and specifications will conform to the
requirements of the City of San Bernardino, and the Standard Plans and Specifications for Public
Works Construction (Green Book), latest edition of the Greenbook.
Answering Questions during Bidding Process
The Project Manager shall answer any questions asked during the bidding phase, and prepare necessary
addenda to answer questions and provide additional clarifications.
Quality Control
Quality control within the offices of the Project Team members shall consist of established measures
developed:
a. Company wide design standards for computer aided designing, color rendering, file creation and
organization.
b. Initial design review by the project draftsperson for compliance with design standards.
c. Review of design products by the Project Manager for compliance with design standards, City
requirements and general plan completeness.
d. Final review by the Principal Civil Engineer prior to plan signature for design completeness.
Scope of Services — Hillside and Fairfax Street Improvement Project
Design work performed shall be completed in compliance with current City standards, City
specifications, and the Green Book (latest edition). The consultant shall manage aspects of this project
up to the point of advertisement for bids. The following is the project scope of work:
Assemble Existing Data:
Assemble and review available information pertaining to the project, including existing survey data, as-
built improvement plans, City map, aerial photographs, utility information, and other available record
data.
Field Survey:
Field review shall be performed to identify and/or verify existing infrastructure conditions such as
hardscape, infrastructure, deficient pavement, potential utility conflicts, etc. The field survey shall be
conducted to ensure not only physical conditions are properly identified, and also other improvements
as may be necessary for compliance with the current design codes.
Aerial Topographical Survey and Soils Report:
To facilitate the street and infrastructure improvement design an aerial topographical survey with
orthographic photos and soils report shall be prepared.
Utility Coordination:
Coordinate with the utility companies in order to identify all existing underground and overhead utility
lines which may interfere with the installation of proposed street improvement infrastructure.
PS&E(Plans,Specifications,and Estimates):
• Design parameters will conform to latest guidelines of the Federal Manual on Uniform Traffic
Control Devices (MUTCD) , local agency standards, American Public Works Association Standard
Plans for Public Works Construction, and the latest editions of Public Works Standard Plans, and
Specifications (Green Book), and Standard Specifications.
• Street lighting, pull boxes, conduit, and conductors will be in conformance with applicable agency
standards and shall be clearly shown on the street lighting/street improvement plans.
• Discussions will be held with the City staff regarding City's requirements and procedures affecting
the construction of the project which, to achieve best results when applied to the project, and
recommendations will be made for alternative methods and options.
• Construction cost estimates will be prepared in detail on standard construction cost data sheets.
• In addition to street light design, the City will be advised as to the necessity and manner of providing
or obtaining services related to the site, such as right of way, and pavement deficiencies.
• Traffic Control Plans: Separate traffic control plans will not be prepared; as such plans would not be
necessary for traffic signal construction work. Traffic control will be covered by referring to MUTCD.
• Signing and Striping Plans: Signing and striping plans will be included, if necessary, in the street
improvement plans.
• Roadway Plans: Roadway plans will be necessary to establish vertical and horizontal control of the
Hillside and Fairfax. It is anticipated that knuckles and temporary turn arounds will be utilized for
this project.
■ Right-of-way: Check existing right-of-way maps, which will be provided by the City. Conduct R/W
notifications and negotiations with residence to allow proposed sidewalk improvements within the
existing and newly acquired right-of-way. However, if during the negotiation it is found that the
owners are unresponsive, right-of-way will not be taken and sidewalk facilities will not be provided.
Should the property owners dedicate the necessary right-of-way for the addition of sidewalk, the
selected consultant will prepare property descriptions and plats delineating the additional R/W for
R/W easement recordation.
• Specifications, bid package, contract documents: The consultant shall prepare technical
specifications and the engineers estimate.
• Design of structural remediation for the existing bridge structure located on Cross Street.
• Final Design: Based on the City comments and requirements, revise the plans, specifications, and
estimates. Upon final approval, submit final original plans, specifications, and estimates to the City
for bidding purposes. Final design plans will show all necessary information in adequate detail to
permit construction directly there from and indicate and delineate all details necessary for a
construction contractor. They will be prepared in AutoCAD format, and electronic files will be
provided to the City.
• The final product to be provided by the selected consultant is an approved set of complete plans,
specifications and estimates ready for bidding with all supporting data, calculations and other
details necessary to complete the project in a format acceptable to the City. Plans and specifications
will conform to the requirements of the City of San Bernardino, and the Standard Plans and
Specifications for Public Works Construction (Green Book), latest edition of the Greenbook.
Answering Questions during Bidding Process
Our Project Manager will answer any questions asked during the bidding phase, and prepare necessary
addenda to answer questions and provide additional clarifications.
Quality Control
Quality control within the offices of the Project Team members consists of several established measures
developed over decades of plan preparations:
a. Company wide design standards for computer aided designing, color rendering, file creation and
organization.
b. Initial design review by the project draftsperson for compliance with design standards.
c. Review of design products by the Project Manager for compliance with design standards, City
requirements and general plan completeness.
d. Final review by the Principal Civil Engineer prior to plan signature for design completeness.
t SCHEDULE OF FEES AND COSTS
Contract scope and cost is based upon estimated hours for specific tasks. Should It
become necessary to expand either the scope or the number of hours to complete a
specific task, MAPCO shall provide the client with a written explanation prior to
proceeding with the work. Should the client not wish to accept thb change In scope or
costs, the client shall contact MAPCO in writing with Instructions on how to proceed.
ENGINEERING:
♦ Principal $250.00/hour
♦ Engineer $150.00/hour
♦ Planner $ 100.00/hour
♦ Designer $ 95.00/hour
♦ Project Coordinator $ 90.00/hour
♦ Draftsman $ 80.00/hour
SURVEYING:
♦ Licensed Land Surveyor $110.00/hour
♦ Party Chief $ 90.00/hour
♦ 2 Man(Yew $185.00/hour
♦ 3 Man Crew $225.00/hour
OFFICE:
♦ Office Manager $ 50.00/hour
♦ Clerical $ 45.00/hour
♦ Messenger $ 25.00/hour
MISCELLANEOUS:
♦ Mileage $ 0.45/mile
♦ Outside Costs Costs plus 15%
♦ Conference Calls(Bulldog Solutions)$ 0.15/Per Min./Per Person
♦ Operator Assisted(Bulldog Solutions) $ 0.24/Per Min./Per Person
DELIVERY AND PICKUP CHARGES;
♦ San Bernardino-Redlands $15.00
♦ Fontana-RWrside-Moreno Valley$25.00
♦ Western Riverside-San Bernardino$35.00
♦ Southwestern Riverside County $50.00
i Northern Orange County,High Desert
&Eastern Los Angeles County $55.00
♦ Southern Orange County $65.00
REPRODUCTION COSTS:
♦ Blueprints $ 2.00/sheet
♦ Sepias $10.00/sheet
♦ Mylars $20.00/sheet
♦ Photocopying $ 0.10/sheet
♦ Fax $ .75/sheet
♦ Folding-Caltrans $ 0.65/sheet
MISCELLANEOUS FEES:
Client shall pay the costs(in addition to the above fees)for:
♦ Governmental Fees
♦ Title Company Charges
♦ Outside Vendor Blueprint Costs
♦ In-House Blueprints
♦ Research Maps
♦ outside Delivery Services
♦ In-House Pickups&Deliveries Incurred on client's behalf
♦ Client/Agency Meetings&Hearings Incurred on client's behalf
BILLING PROCEDURES:
♦ Miscellaneous fees shall be billed monthly as they are incurred.
♦ There will be a$50.00 charge for all returned checks.
♦ Client will pay all legal fees If it becomes necessary to recover for services rendered.
♦ Rates for consulting in connection with appearance before courts and/or testimony for litigation
shall be 150%(one hundred and fifty percent)of the rates stated above.
Client Initials: Date:
EXHIBIT B
SU?ERVISORY 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.
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
New 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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