HomeMy WebLinkAboutR22-Economic Development
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CITY OF SAN BERNARDINO n R
ECONOMIC DEVELOPMENT AGENC\U IGINAL
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
MAPCO Corporation - Professional Services
Agreement in the North Arden Guthrie Area
(IVDA Redevelopment Project Area)
DATE:
November 20, 2008
SvnoDsis of Previous Commission/Council/Committee Action(s):
On November 6, 2008, Redevelopment Committee Members Estrada, Johnson and Baxter unanimously voted to recommend
that the Community Development Commission consider this action for approval.
Recommended Motion(s):
(Communitv 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 of the Agency owned properties in the North
Arden Guthrie Area (IVDA Redevelopment Project Area)
Project Area(s):
Colin Strange
IVDA Redevelopment Project Area
Phone:
(909) 663-1044
7th
Contact Person(s):
Ward(s):
Supporting Data Attached:
I!'I Staff Report I!'I Resolution(s) I!'I Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $
26,500
Source:
HUD Section 108
Budget Authority:
FY 2008-2009 Budget
Signature:
Emil A. Marzullo, Interim Executive Director
~.
Fiscal Review:
J 1'1
Commission/Council Notes:
Res-o
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COMMISSION MEETING AGENDA
Meeting Date: 12/01/2008
Agenda Item Number: Ilz "2-
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
MAPCO CORPORATION - PROFESSIONAL SERVICES AGREEMENT
IN THE NORTH ARDEN GUTHRIE AREA (IVDA REDEVELOPMENT PROJECT AREA)
BACKGROUND:
Although several attempts were made by the City of San Bernardino ("City") and the Redevelopment
Agency of the City of San Bernardino ("Agency") over the last two decades to rectify the North Arden
Guthrie housing situation, including initiation of rehabilitation programs and acquisition and demolition
projects, the situation at the beginning of 2005 consisted of 47 vacant, Agency owned lots, one vacant
Agency owned four-plex, 23 privately owned four-plexes and two privately owned vacant lots scattered
about the 17-acre site bounded by Highland Avenue to the north, Arden Avenue to the east, 20th Street to
the south and Guthrie Street to the west ("Area") (See Attached Map).
In 2005, the U.S. Department of Housing and Urban Development ("HUD") approved a $7.5 million,
Section 108 Loan ("108 Loan") to the City to be used by the Agency for acquisition of the remaining
privately owned properties through negotiated purchase. The 108 Loan proceeds were also available for
the subsequent demolition thereof and the relocation of the remaining occupants, consisting of 92
households, into safe and sanitary housing conditions elsewhere in the City and thus, clearing the Area for
future redevelopment.
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 "Project"). Efforts under the Agreement would
proceed should the Agency be successful in acquiring sufficient privately held property as required for the
Project.
CURRENT ISSUE:
The Agency accepted title to the last remaining property at 2094 Arden Avenue on Wednesday, October
29, 2008. In anticipation of this final property acquisition, Agency Staff had solicited bids from three
engineering firms to revert these 73 parcels, three streets and three alleyways, including all the related
easements, into a single merged parcel. The scope of work includes the following:
· Collection and review of all title reports, grant deeds, recorded maps, easement documents and
utility plans;
· Field boundary surveys necessary to prepare the mapping and title issues;
· Field verification, review and approval by local agencies;
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COMMISSION MEETING AGENDA
Meeting Dale: 12/01/2008
Agenda Item Number: }l2'2--
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Economic Development Agency Staff Report
MAPCO - Professional Services Agreement
Page 2
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· Coordination with the City's Development Services Department, the City's County Recorders
Office and the Planning Commission; and
· Tentative and Final Mapping Services including preparation and filing of required maps.
Three bids were received by the Agency from the following firms:
· MAPCO Corporation
. Bondiman and Associates
· Associated Engineers
$26,500
$39,900
$52,756
ENVIRONMENTAL IMP ACT:
This action is not a "project" under the California Environmental Quality Act.
FISCAL IMPACT:
$26,500 from the Arden Guthrie Project Budget.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
~/(~
Emil A. Marzullo, Interim Executive Director
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COMMISSION MEETING AGENDA
Meeting Date: 12/0112008
Agenda Item Number: J2. 1- Z,
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RESOLUTION NO.
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(cOrP
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 OF THE
AGENCY OWNED PROPERTIES IN THE NORTH ARDEN GUTHRIE
AREA (IVDA REDEVELOPMENT PROJECT AREA)
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
II exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
12 "CRL"), codified under Division 24, Part I 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 assemble,
18 acquire real property and demolish blighted structures for community redevelopment purposes in
19 the Inland Valley Redevelopment Project Area ("Project Area"); and
20
WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that
21
cannot be remedied by private parties acting alone without community redevelopment assistance;
22 and
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WHEREAS, on October 28, 2008, the Agency acquired the last of 73 properties located in
24 the North Arden Guthrie Area south of Highland Avenue between Arden Avenue to the east, 20th
25 Street to the south and the alleyway adjacent to Guthrie A venue to the west (the "Properties")
26 within the Project Area; and
27
WHEREAS, it is now necessary to convert the 73 parcels, three streets and three alleyways,
28 including all easements, into a single merged parcel; and
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I WHEREAS, the scoQe_ofwolk will include review of all title reports, grant deeds, recorded
2 maps, easements, a field boundary survey, tentative and final mapping; and
3 WHEREAS, the Agency has solicited bids from three qualified engineering firms who have
4 previously been used by the City and the Agency; and
5 WHEREAS, MAPCO Corporation (the "Contractor"), was determined to be the lowest
6 responsible bidder and the Agency desires to retain the Contractor to perform the engineering and
7 mapping work of the Properties in accordance with the terms and conditions of the Professional
8 Services Agreement (the "Agreement") attached hereto and incorporated herein by said reference.
9 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
to CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
II FOLLOWS:
12
Section l.
The information set forth in the above recitals of this Resolution is true and
13 correct.
14
Section 2.
The Commission hereby approves the Agreement between the Agency and
15 the Contractor attached hereto, incorporated herein by reference, and waives any irregularities in
16 the bid as submitted by the Contractor as permitted by the bid documents.
17
Section 3.
The Interim Executive Director of the Agency is hereby authorized to
18 execute the Agreement on behalf of the Agency in substantially the form attached hereto, together
19 with such changes therein as may be approved by the Interim Executive Director of the Agency and
20 Agency Counsel. The Interim Executive Director of the Agency or such other designated
21 representative of the Agency is further authorized to do any and all things and take any and all
22 actions as may be deemed necessary or advisable to effectuate the purposes of the Agreement,
23 including making non-substantive modifications to the Agreement.
24
Section 4.
This Resolution shall take effect from and after its date of adoption by
25 this Commission.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
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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 OF THE
AGENCY OWNED PROPERTIES IN THE NORTH ARDEN GUTHRIE
AREA (IVDA REDEVELOPMENT PROJECT AREA)
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[ HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
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Development Commission of the City of San Bernardino at a
meeting
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thereof, held on the
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Commission Members:
11 ESTRADA
12 BAXTER
I3 BRINKER
14 DERRY
15 KELLEY
16 JOHNSON
17 MC CAMMACK
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19
day of
, 2008, by the following vote to wit:
Navs
Abstain
Aves
Absent
Secretary
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The foregoing Resolution is hereby approved this
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day of
,2008.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
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Approved as to Form:
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27 By:l5,(7.""otl.',r? S..r"
Agency Counsel
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REDEVELOPMENT AG-ENCY OF HIE CITY OF SAN BERNARDINe
AGREEMENT FOR PROFESSIONAL SERVICES
MAPCO CORPORATION
This AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement") is made and
entered into as of December I, 2008 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. The Scope of Services shall relate to the
professional consulting and engineering services to be performed by the Consultant in connection with
the preparation and completion of a tentative parcel map for seventy-three (73) parcels and public
thoroughfares for the site commonly referred to as the North Arden Guthrie Area in the Inland Valley
Development Agency (IVDA) Redevelopment Project Area, located in the City of San Bernardino,
County of San Bernardino, State of California.
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4.
PA YMENT JW-AGENey FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant in an aggregate amount not to exceed
$26,500 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: Colin Strange, 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, dunng 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. INDEMNIFleA'fION. -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-rnaterials or information may be made available to
any person or entity, public or private, without the prior written consent of the Agency.
II. 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-tJr 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
\\Titing of a new address for delivering notice to such party.
CONSULTANT:
MAPCO Corporation
Attention: David E. Mlynarski
413 MacKay Drive
San Bernardino, California 92408
AGENCY:
Redevelopment Agency of the City of San Bernardino
Attention: Interim Executive Director
20 I North "E" Street, Suite 30 I
San Bernardino, California 9240 I
14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and
federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the
work to be 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.
IS. 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
noi 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 v.Titten 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
relating to the Agency, property over which the Agency has jurisdiction or any members or staff of the
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Agency that have not been previously uisclosed in-writing to the Agency, and that any-;mch property
ovmership 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. CONSEOUENTIAL 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 PAGEl
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IN WITNESS WHEREeF;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.
Dated:
Approved as to Form and Legal Content:
/C/7. ,/ ? c-
By: ;0,( Ilh.tt"'I,.. . C/,,{.r:
Timothy J. Sabo, Agency Counsel
Dated:
Dated:
4838-7655-0147.1838-7655-0147.1
AGENCY
Redevelopment Agency of the City of San
Bernardino, a public body, corporate and politic
By:
Emil A. Marzullo, Interim Executive Director
CONSULTANT
MAPCO, .
a California corporation
By:
Name:
Title:
By:
Name:
Title:
P\Agendas\Al!enda Al1achmen!s\Agenda Auachmenu\A!!ltnda Al1achmernsAgrmls-Amend 2008 12.01.08 ~IAPCO. ProCession.1 Services Agrttmenl doc
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT A
8:XJPE CF SERITICES
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The fonowlng Is our scope, fee and assumptions for the processing and completion of the
tentative parcel map procell. In order to finaflZe the specifIC requlnlmenta for this process H v.1l1
be recommended that we meet with the City Engineer and Devlllopment Servloea Department
staff to discuss the speclfic requfrements for filing an application and tentalive parcel map tor
the subject property. There are Items and Issues apedfIc to this site IU'l\Ithe purpose for whleh
the tentative parcel map Is being sOl.lght that we feel need to be dlacussed with city stalf In order
to better complete an of the necessary Items required for the filing of this type of applicatlon
without over burdening the process.
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SCOPE OF WORK AND FEE
MAPCO proposes to provide the eMI engineering and consuttIng services to the San Bernardino
Economic Development Agency (hereinafter referred to as the 'Agency") as outlined below:
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1. Project and site research and review. This Hem shan Include 3 site vislfs, collection of
and review of all title reports, grant deeds, relXlrd maps, easement documenta, utJlity
plans (Wet . and dry), street plans, Caltrans documenta and retrieving field
MonulTIenlatlon.
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Fee:
$ 10,000
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2. Field Boundary Survey.
Fee: $ 5000 (unl8S$ Client/cIty approves use of record data)
3. 1- Lot Anal Map and Monumentallon.
Fee: $2500
4. Prepare a Tentative Parcel Map and application for submittal to the City of San
Bernardino. T.P.M. Application to Includa:
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a. Application form and preliminary environmental assessmant.
b. Identify Hazardous Waste Site Certification.
c. Property Owner's form.
d. Prepare a Project Description.
e. Coordinate completion of Owner's Authorization Form with Agency.
f. Obt~in 500 foot redlus map from Title Company and confirm that all properties
requiring notification are contacted. .
g. Obtain 2 sets of property ownerehlp notification labels and addresses from Title
Company.
h. Oblaln Certification form from Title Company.
I. ObIain current title report, grant deed(s) and all schedule B documents from Title
Company for Inclusion of Information on the tentative pareal map.
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J. Prepare 1 ~inaltentative parcel map, 1 6 ~ . x 11' reduction and 25 fuD size
copies folded to 6 ~ ' x 11' to accompany application to Development Servlces
Department.
k. Obtain a leller from the Development Services Department that the application
submillalls 'deemed complete'.
Fee: $ 6000
6. Prepare presentation materials (power point and/or boards) and make \he project
pr81lentatlon to the DERC and Planning Commission.
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Fee: $ 4000
PROPOSED FEE $ 26,600.00
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exclusions from the 'PROPOSED FEE' naled above are the followlng:
. Reproduction, printing, relmbursables budget.
Direct Reimbursable Budget Allocation:
Fee: $1000 (/0 be charged a/ actual cost plus 10%)
· Project managemen~ coordination, meetings with staff and third party agencies,
admlnlslnstion, and clerical support staff.
Fee: TIme & Material in accordance with schedule of rates attached, unless a lump sum
fee Is negotiated based upon flxad services and scope.
. Filing fees to public I local agencies, tnle companies and other third parties.
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. Topographic mapping (as required in Item # 7 of Tentative Subdivision Checklist).
Schedule
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The TPM, wiD be submitted to the City wlt,hln 60 days of obtaining a wrltten aulhorlzallon 10
proceed and all wrillen authorizations from \he EDA, documents of record and materials on file
with the Development servlces Department necessary to file the eppllcation for the tentative
percel map. The procassing of the TPM thorough the DERC and City Planning Commission Is
estimated to take 6 months. HoWever. thls'lIme period" can, vary and Is dependent upon City's
ability to schedule necessary reviews and meetings, snd also complexlly of Issues that may be
discovered during the preparation of the Inlllal study and planning staff report.
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Unexpected Circumstance.
The boundary survey necessary to prepare the mapping and title Issues relallng 10 the real
property will require research, field veriflcallon and review and approval by local agencies and
authorities. Should circumstances arise which are unexpected requiring investigation and
collaboration with third parties to. resolve Issues or complete field Investigations costs
associated with these aellvllles shaH be added to total contract amount upon approval and
authorization of Owners agent.
Boundary services are estimated on an hourly basis to determine the associated fee nolad
herein. Should additional services be required to validate field conditions additional costs wUl be
Incurred and the Owners agent will be notified of these costs prior to proceeding with addl1lonaJ
services.
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SCHEDULE OF FEES AND COSTS
Contract scope and cost Is based upon estimated hours for speclf1c tasks. Should it
beoome necessary to expand either the scope or the number of hours 10 complete a
specific task, MAPCO shall provide the client with a wrltIen explanation prior to
proceeding with the work. Should the client not wish to accept the change in scope or
oosts, the client shall contact MAPCO In writing with instructions on how to proceed.
. Principal
. Engineer
. Planner
. Designer
. Project Coordinator
. Draftsman
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$ 250.001 hour
$ 150.00 I hour
$ 100.00 I hour
$ 95.00 I hour
$ go.OO/hour .-
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$ 80.00 I hour ~..
$ 110.00 I hour
$ 90.00 I hour
$ 185.00 / hour
$ 225.00 / hour ..
ENGINEERING:
SURVEYING:
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. Ucensed Land Surveyor
. Party Chief
. 2 Man Crew
. 3 Man Crew
OFFICE:
. Office Manager
. Clerical
. Messenger
$ 50.00 I hour
$ 45.00 / hour
$ 25.00/ hour
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. Mileage
. Outside Costs
. Conference Calls (Bulldog Solutlons)$
. Operator Assisted (Bulldog Solutions)
$ 0.451 mile
Costs plus 15"
D.15/per Mln./Per Person
$ 0.24/Per Mln./Per Person
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MISCELLANEOUS:
OEUVERY ANO PICKUP CHARGES;
. San Bernardino - Redlands $ 15.00
. Fontana. Riverside - Moreno Valley $ 25.00
. Western Riverside. San Bernardino $ 35.00
. Southwestern Rlversld e County $ 50.00
. Northern Orange County, High Desert
& Eastern Los Angeles County $ 55.00
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. Southern Orange County
$ 65.00
REPRODUCTION COSTS:
. Blueprints
. Sepias
. Mylars
. Photocopying
. Fax
. folding - Coltrans
$ 2.00 / sheet
$ 10.00 / sheet
$ 20.00 / sheet
$ 0.10/ sheet
$ .75/ sheet
$ 0.6S / sheet
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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
. alent / Agency Meetlnp & Hearings Incurred on client's behalf
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BilliNG PROCEDURES:
. Miscellaneous fees shall be billed monthly as they are Incurred.
. There will be a $50.00 charge for all returned checks.
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. Client will pay all legal fees If It becomes necessary to recover for services rendered.
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. 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.
Oient Initials:
Date:
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EXHlBtT B
SUPERVISORY STAFF PERSONNEL
Agencv Staff:
Redevelopment Agency of the City of San Bernardino
Attention: Colin Strange, Project Manager
201 North "E'- Street, Suite 301
San Bernardino, CA 92401
Business: (909) 663-1044
Fax: (909) 888-9413
Redevelopment Agency of the City of San Bernardino
Attention: Lou Schnepp, Real Estate Consultant
201 North "E" Street, Suite 30 I
San Bernardino, CA 9240 I
Business: (909) 663-1044
Fax: (909) 888-9413
4H38-7655-o 147.1838-7655-0147.1
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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:
(I) General Liabilitv Insurance. The Consultant and each of its
subcontractors shall maintain general liability insurance with limits of not less than
$ I ,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.
ill 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.
4838. 7655'() 14 7 .1838. 7655.0147.1
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