HomeMy WebLinkAbout1990-187
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RESOLUTION NO. 90-187
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ARCHITECT MILFORD WAYNE
DONALDSON, A.I.A., INC. FOR A HISTORIC RESOURCES SURVEY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said city an Agreement with Architect
Milford Wayne Donaldson, A.I.A., Inc. for a Historic
Resources Survey of the city, a copy of said agreement is
attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2. The authorization to execute the above-
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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1.
1 RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
2 ARCHITECT MILFORD WAYNE DONALDSON, A.I.A., INC. FOR A HISTORIC
3 RESOURCES SURVEY OF THE CITY.
4
I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the city of San
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Bernardino at a
reqular
meeting thereof, held on the
day of
Mav
, 1990, by the following
21st
8 vote, to wit:
9
Council Members
ABSTAIN
AYES
NAYS
10 ESTRADA
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REILLY
x
FLORES
x
MAUDSLEY
x
MINOR
x
15 POPE-LUDLAM
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MILLER
x
~~~v
City Clerk
The foregoing resolution is hereby approved this
.:z.</r/ day of
Mav
'-
Approved as to
form and legal content:
JAMES F. PENMAN,
city Attorney
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By(tLJL:z/'= ? .cr/}~
2.
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A G R E E MEN T
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(Historic Resources Survey)
teL
THIS AGR}EMENT is made and entered into
(' /
~
BERNARDINO, U municipal corporation,
this
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day of
, 1990, by and between the CITY OF SAN
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hereinafter referred to
as "city" and Architect Milford Wayne Donaldson, A.I.A., Inc.,
a California corporation with offices at 846 Fifth Avenue,
suite 300, San Diego, California 92101 hereinafter referred to
as "Consultant".
WIT N E SSE T H:
WHEREAS, Consultant represents that he has the degree of
specialized expertise contemplated for conducting an Historic
Resources Survey of the City of San Bernardino and holds all
necessary licenses therefor to practice and perform the
services herein contemplated; and
WHEREAS, no official or employee of City has financial
interest in the subject matter of this agreement contemplated
within; and
WHEREAS, Consultant declares that he shall perform the
services herein contemplated in compliance with Federal and
California laws, including but not limited to minimum hours
and wages, fair employment, and occupational safety and
health, to the extent same are applicable herein; and
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WHEREAS, the parties hereto intend to set forth all
their rights, duties, obligations and liabilities with respect
to the work, project or activity contemplated herein and
services to be performed by Consultant thereunder.
NOW, THEREFORE, in consideration of the mutual promises
of the parties, and other good and sufficient consideration,
the parties agree to the following terms, conditions and
covenants:
City does hereby appoint Consultant in a contractual
capacity to perform the following services in accordance with
the terms and conditions hereinafter set forth:
1. CITYWIDE HISTORIC RESOURCES SURVEY
Consultant shall, at the request of the Director of
Planning and Building Services, conduct a Citywide Historic
Resources Survey (Survey) of pre-1950 buildings and
structures. The objective of the Survey is to identify the
City's architectural and historical resources and to
contribute toward certification of the City of San Bernardino
as a certified Local Government by the state Office of
Historic Preservation (OHP). The Survey shall be conducted as
a reconnaissance type Survey and as such, shall be consistent
with all applicable guidelines provided by the OHP and the
"Secretary of the Interior's Standards and Guidelines" and as
such, will serve as the basis for a preservation program for
the City.
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1 The Consultant shall conduct the Survey in the following
2 phases:
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Phase I. Survey and Identification (data
gathering and field reconnaissance)
Phase II. Verification
Phase III. Survey Documents
Phase IV. Preparation of Historic Resources
Survey Report
The data collected during the Historic Resources
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Survey shall be compiled into two documents:
A Survey
Report and a Thematic Map.
SURVEY REPORT:
The Survey Report shall integrate all of the Survey
data.
It will include the following information: a
13 description of Survey methodology and the extent of
14 Survey coverage; the kinds of properties present in the
Survey area; the specific properties that were identified
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and
collected;
the
categories
information
of
identification and
recommendations
concerning areas
exhibiting potential
designation
for
as
Historic
Districts, establishment of Historic Preservation Overlay
Zones and nomination of areas and properties to the
National Register of Historic Places; and, areas examined
that did not contain pre-1950 buildings and structures.
A Tabular List of buildings and structures shall be
included as an appendix to the Survey Report. The format
for the Tabular List shall be provided by the City. The
Tabular List shall include the following information for
27 each pre 1950 building or structure:
28 3.
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a. Address and/or location
b. Assessor's Parcel Number
c. Construction date (approximate to within 10
years)
d. Architectural style(s) (brief description)
e. Construction types(s) (brief description)
f. Indication of exemplary or unique architectural
style or historic theme (if applicable)
The state of California Resources Agency, Department
of Parks and Recreation Historic Resources Inventory form
DPR 523 (Rev. 11/89) will not be completed in this
contract.
A Photographic Record also shall be included as an
appendix to the Survey Report. The Photographic Record
shall consist of black and white photographs of the front
elevation of each building and structure surveyed. Each
photograph shall be referenced to the building or
structure it represents in the Tabular List.
Prior to the final submittal of the Survey Report,
the Consultant shall provide the City with a screen check
draft.
The Consultant shall provide the City with one
camera-ready copy of the completed Historic Resources
Survey Report and its appendices. The negatives for the
Photographic Record shall become the property of the City
and shall be submitted with the Survey Report.
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All data from the Survey shall be assimilated into
an electronic database to allow for ease of access,
storage and manipulation. The database format shall be
developed using a commercially available database
package. The City shall have final approval of the
database submittal. All electronic records resulting
from the Survey shall become the property of the city at
project conclusion.
THEMATIC MAP:
The Thematic Map shall be plotted at 1":1000' scale
to display the following information:
a. General distribution of pre-1950 buildings,
structures and neighborhoods representing
different architectural styles, periods and
modes of construction.
b. Individual buildings and structures which
exhibit exemplary or unique architectural style
and/or historic themes.
c. Areas exhibiting potential for designation as
Historic Districts and/or Historic Preservation
Overlay Zones.
The Consultant shall provide the city with one
reproducible copy of the Thematic Map.
CONSULTANT RESPONSIBILITIES:
The Consultant is responsible for the completion of
the Survey and for the completion and submittal of the
document and database described herein within six months
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of contract approval by the Mayor and Common Council.
The Consultant shall attend a maximum of ten (10)
meetings (staff/Public meetings) including an all-day
project orientation with staff at Survey commencement.
CITY RESPONSIBILITIES:
The City is responsible for providing or preparing
the following items:
a. Mailing lists and distribution of notices if
required.
b. Printing of the Survey Report and Appendices.
c. Reproduction of the Thematic Map.
d. Preparation of staff reports to the Historic
Preservation Task Force (Commission, as
applicable) .
e. provision of tabular survey forms, 1":1000'
scale base maps and Assessor Parcel Maps of the
city.
f. provision of the Historical and Archaeological
Resources Element of the City's General Plan.
g. provision of all maps and documents relating to
Historic Preservation as prepared by the city
to date.
h. Determination of the area and districts to be
included in the Survey and level of detail.
i. provision of any additional assistance deemed
necessary by the City.
6.
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2.
SURVEY PRINCIPALS.
The Consultant shall assign two of its personnel to
3 act as Survey Principals for the duration of this
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Agreement.
Survey Principals shall be Milford Wayne
5 Donaldson, Corporate Architect and Karen S. Cormier,
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Project Manager.
The Survey Principals shall oversee,
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manage, conduct and complete the Survey and act as points
8 of contact. The personnel assigned as Survey Principals
cannot be changed without prior written consent of the
city.
A change of a Survey Principal without said
consent constitutes a material breach and is grounds for
termination of this Agreement by the City.
3.
COMPENSATION OF CONSULTANT.
The Consultant shall be compensated on a per hour
basis of actual time spent conducting and completing the
Survey.
The Consultant shall invoice the City monthly
for service rendered.
The City shall pay the invoice
amount minus ten percent (10%) which will be placed in an
escrow account to be paid 30 days after submittal of
camera ready documents. The monthly invoice shall be
itemized per task and Survey phase. Fees for each phase
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Phase I
Phase II
Phase III
Phase IV
Survey Identification
Verification
Survey Documents
Preparation of Historical
Resources Survey Report
TOTAL
$53,530
$31,100
6,680
8,780
6,970
Total fees paid to the consultant for compensation
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shall not exceed $53,530.
(Fifty Three Thousand Five
Hundred Thirty Dollars.)
The fees associated with Survey Phases are based on
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10,000 pre-1950 buildings and structures Citywide.
4. REIMBURSABLE EXPENSES.
Reimbursable
consist
Expenses shall
of actual
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expenditures made by the Consultant and the Consultant's
employees in the interest of the City's Historic Resources
Survey.
Reimbursable expenses shall be itemized and
invoiced against the following categories and amount:
Travel Expense
Photographic Expenses
Computer Transfer
TOTAL
$ 700
4,170
500
$~,3/0
The total for Reimbursable Expenses in addition to
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the Consultant's Compensation shall not exceed $5,370.
(Five Thousand Three Hundred Seventy Dollars).
5.
TOTAL SURVEY COST.
The total Survey cost, combined from paragraphs 3 and
4, shall not exceed $58,900 (Fifty Eight Thousand and Nine
20
Hundred Dollars).
6. TERMINATION.
The City or Consultant may terminate this Agreement
for any reason at any time. Written notice of termination
from one party must by submitted to the other party by
certified mail fifteen (15) days prior to the date of
Agreement termination.
In this event, the Consultant
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shall be paid the reasonable value of service rendered to
the date of termination. In the event of any such
termination, Consultant shall provide to City, without
charge, all documents, notes, maps, reports and data
accumulated to the date of such termination. Consultant
further convenants to give its good faith cooperation in
the transfer of the work to the City following such
termination, and to attend and participate in any meetings
at no cost to City as shall be deemed necessary by the
Director of Planning and Building Services to effectively
accomplish such transfer.
7. WARRANTY.
Consultant expressly warrants that its work will be
performed with care, skill, reasonable expedience, and
faithfulness and that work performed shall be fit and
proper for its intended use.
8. INDEMNIFICATION.
Consultant agrees to indemnify, defend and hold
harmless city, its agents, officers and employees from and
against any and all liability, expense and claims for
damages of any nature whatsoever, including but not
limited to, bodily injury, death, personal injury, or
property damages arising from or connected with
Consultant's negligent acts, errors and ommissions or its
performance under this Agreement.
9. INSURANCE.
without limiting Consultant's indemnification of City
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as stated in Paragraph 8, above, Consultant shall provide
and maintain at its own expense during the term of this
Agreement the following policy or policies of insurance
covering its performance under this Agreement:
a. General Liability and Professional Liability:
Such insurance shall include, but not be limited to,
comprehensive general liability and professional liability
coverages with a combined single limit of not less than
(FIVE HUNDRED THOUSAND DOLLARS) $500,000 per occurrence.
Such insurance shall name the City of San Bernardino as an
additional insured.
b. Workers' Compensation: Consultant shall
cover its employees with Workers' Compensation insurance
in an amount and form to meet all applicable requirements
of the Labor Code of the State of California.
10. PROHIBITION AGAINST TRANSFERS.
a. Consultant shall not assign, sublease, or
transfer this Agreement or any interest therein directly
or indirectly, by operation of law or otherwise without
the prior written consent of the City. Any attempt
to do so without said consent shall be null and void, and
any assignee, sublessee, or transferee shall acquire no
right or interest by reason of such attempted assignment,
lease or transfer.
b.
disposition
assignment, transfer or other
the issued and outstanding capital
The sale,
of any of
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stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or co-tenant
of Consultant which is an action resulting in changing the
control of Consultant, shall be construed as an assignment
of this Agreement. Control means fifty (50%) percent or
more of the voting power of the corporation.
11. ANTI-DISCRIMINATION.
Consultant certifies and agrees that all persons
employed by Consultant, its affiliates, subsidiaries or
holding companies are and will be treated equally by
Consultant without regard to or because of race, religion,
ancestry, national origin, age or sex and in compliance
with State and Federal Anti-Discrimination laws.
Consultant further certifies and agrees that it will deal
with its Subcontractors, Bidders and Vendors without
regard to or because of race, religion, ancestry, national
origin, age or sex.
12. RELATIONSHIP OF PARTIES.
Consultant is acting as an independent contractor and
not as an employee of the City. In the performance of
personal services pursuant to the provisions of this
Agreement, Consultant shall not be supervised, directed,
or under the control or authority of any City officer or
employee, except and to the extent as may be expressly or
implicitly required by the terms and provisions of this
Agreement. Any direction or control so required under
this Agreement shall be limited to broad objectives or
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goals of the project or program to be accomplished and not
to the details and procedures to accomplish such
objectives and goals. Consultant shall not be obligated
to conform to the supervision or direction of City
officers of employees which are not authorized herein.
Changes or modifications of said objectives and goals may
be made by written recommendation of either party subject
to the concurrence of the other party in writing.
13. CONFLICT OF INTEREST.
a. The Consultant or its employees may be
subject to the provisions of the California Political
Reform Act of 1974 (the Act), which (1) requires such
persons to disclose financial interest that may
foreseeably be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from
making or participating in making decisions that will
foreseeably financially affect such interests.
b. Consultant shall conform with applicable
requirements of the Act. Failure to do so constitutes a
material breach and is grounds for termination of this
Agreement by the City.
c. Consultant agrees that during the term of
this agreement, he shall not enter into or be a party to
any contract for work to be performed within the City of
San Bernardino with private parties who may foreseeably be
materially affected by the work to be performed under this
12.
Agreement.
d. Consultant agrees that he shall comply with
all applicable conflict of interest laws, including local,
state, federal, and common law.
14. INSPECTION.
The city, in reference to any request for payment
submitted by the Consultant for services under this
Agreement, shall have the right to examine and audit the
records of the Consultant pertaining to this Agreement, to
verify such payment.
15. AUTHORITY.
Each of the parties of this Agreement represents that
the person signing on behalf of such party has authority
to do so.
16. CONSULTANT TO ABIDE BY LAWS.
Consultant is required to abide by all Federal, State
and Local law applicable to its performance under this
Agreement.
17. NOTICES.
Any notice required or desired to be given pursuant
to this Agreement shall be given in writing, and sent by
certified mail, return receipt requested, addressed as
follows:
City
Consultant
Director of Planning and
Building Services
City of San Bernardino
Third Floor
300 North "D" Street
San Bernardino, CA 92418
Architect Milford Wayne
Donaldson, A.I.A., Inc.
846 Fifth Avenue
suite 300
San Diego, CA 92101
13.
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Any notice so given shall be considered served on
the other party three days after the date of mailing.
The address for notice may be changed by giving
notice pursuant to this paragraph.
18. ENTIRE AGREEMENT.
This contract constitutes the entire Agreement
between City and Consultant and may be modified only
be further written agreement between parties.
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19. IMPLEMENTATION.
The City shall provide Consultant with written
notice in advance of the date at which these services are
to be implemented.
20. ATTORNEY'S FEES.
In the event that an action is filed by either party
to enforce rights under this agreement, the prevailing
party shall be entitled to recover reasonable attorney's
fees in addition to any other relief granted by the
court.
IN WITNESS WHEREOF, the City Council of the City of
San Bernardino has caused this Agreement to be subscribed
by the Mayor, and the seal of said Council to be hereto
affixed and attested by the Clerk thereof, and Consultant
has executed this Agreement, the day, month and year
first above written.
..,
ATTEST:
CITY OF SAN
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/City Clerk
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W. R.
, Mayor
ARCHITECT MILFORD WAYNE
DONAL~I ,A. LA., NC.
By: <M ~ h..-...,
Approved as to form
and legal content:
James F. Penman,
city Attorney
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By: cX'I/Y~. ':J. " ~'X~
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15.
ODUCER
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OBSON, CAVIGNAC & ASSOC
P. O. BOX 80187
SAN DIEGO CA 92138
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO AIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGEAFFOADEO BYTHE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY A AMERICAN MOTORISTS INS. CO.
LETTER
COM~NYB CONTINENTAL INSURANCE COMPANY
LEITER
INSURED
ILFORD W. DONALDSON
P. O. BOX 127960
SAN DIEGO, CA 92112-7960
c LEXINGTON INSURANCE COMPANY
COMPANY'
LETTER
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEOTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTW1TH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCEAFFORDEO BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTOAI..L THETERMS,
EXCLUSIONS AND CONDITIONS OF SUCtl POLICIES.
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TYPE OF INSURANCE
1II
B GENERAL UABILfiY
COMPREHENSIVE FORM
X PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
X PRODUCTS/COMPLETED OPS.
X CONTRACTUAL
X INDEPENDANT CONTRACTORS
X BROAD FORM PROP. DAMAGE
X PERSONAL INJURY
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS ( PRIV PASS I
ALLOWNEDAUTOS{~~~~~~~)
HIRED AUTOS
NON.OWNED AUTOS
GARAGE LIABILITY
EXCESS LlABIUTY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
AND
EMPLOYER'S LIABILITY
C PROFESSIONAL
POlleY EFFECTIVE POLICY EXPIRATION
LIABILITY LIMITS IN THOUSANDS
EACH OCC. AGGREGATE
PDUCYNUYSER
DATE(MM/OD/YY) OATE(MM/DO{YY)
05/13/89 05/13/90 '~O~Y
INJURY
BOX719252100
PROPERTY
DAMAGE. $
s
s
s
gbVB~NED S 1,000 s 1,000
THE AGGREGATE LIABILITY IMIT APPlICABl FOR THE
POLICY TERM MAY HAVE BE PI REDUCED BY PAID lOSSES
AND/OR EXPENSES
PERSONAL INJURY $
SODIL Y
INJURY
(PER PER) $
BODILY
INJURY
(PER ACC) $
PROPERTY
DAMAGE
SI&PD
COMBINED $ 1
SI&PO
COMBINED $
3CW14399402
09/01/89
09/01/90
STATUTORY
S 1 000 {EACH ACCIDENT)
$ 1 000 (OISEASE.POLICYLMT)
$ 1 000 (DISEASE-EACH EMPL.l
$500,000. LIMIT
PC55916572947
05/13/89 05/13/90
DESCRIPTION OF OPERA TIONSjLOCATIONS/VEHICLES/SPECIAL ITEMS
s
SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE
EXPIRATION CATE THEREOF, THE ISSUING COMPANY WIl.L ENDEAVOR TO MAIL 30
WRITTEN NOTI T THE CE FICATE HOLDER NAMEDTOTHE l.EFT, BUT
FAILURE TO IL I SHALL IMPOSE NO OBLIGATION OR LIABILITY
OFANYKIN P OM ANY, IT'S AGENTS OR REPRESENTATIVES.
DAYS
'iiisURNEf;inc:i98ii7\YF'