HomeMy WebLinkAbout23-Parks & Recreation
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kerry Morford, Interim Director
Subject: RESOLUTION OF THE MAYOR
AND COMMON COUNCIL OF THE
CITY OF SAL"J BERNARDINO
AUTHORIZING THE CfIY MANAGER
TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH
RHA LANDSCAPE ARCHITECTS-
PLANNERS, INc., IN THE AMOUNT OF
$135,300 FOR THE PURPOSE OF
PREPARING THE PLANS AND
SPECIFICATIONS FOR THE
ELECTRIC A VENUE HISTORIC
PARK PROJECT.
MC/C Meeting Date: May 21, 2007
Dept: Parks, Recreation & Community
Services Dept.
Date: May 15,2007
Synopsis of Previous Council Action:
Recommended motion:
Adopt Resolution.
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Contact person:
Kevin Hawkins
Signature
Phone: 384-5030
Supporting data attached: Staffrepart. Resa & A~reement
Ward: 4
FUNDING REQUIREMENTS:
Amount:
Source:
$135,300
$ 10,300 - 268-488-5504-7499 - Park & Facility Design
$125,000 - 243-363-5504-7499 - Electric Avenue Greenbelt Design
Finance:
Council Notes:
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Agenda Item No. ;t3
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City
Manager to execute a professional services agreement with RHA Landscape Architects-Planners,
Inc., in the amount of $ 135,300 for the purpose of preparing the plans and specifications for the
Electric A venue Historic Park project.
Backl!round:
Late last calendar year, a Request for Proposal (RFP) was issued for providing design and
engineering services to develop four new park sites and facilities. Electric Avenue Historic Park was
one of the four sites and is the subject ofthis staff report.
Four firms submitted a proposal for the project. RJM Design Group arbitrarily based their cost on a .
reduced scope of work thereby failing to meet the requirements of the RFP. Below is a table
identifying the bidders and their costs:
Electric Avenue
RHA Landscape Arch., $135,300
Riverside
David Evans & Assoc., $294,591
Ontario
BMLA, Corona $327,674
RJM Design Group, San $108,493
Juan Capistrano
After a review of the proposals by staff and the Parks and Recreation Commission it is recommended
that a contract be awarded to RHA Landscape Architects-Planners for preparing the plans and
specifications for the Electric A venue Historic Park project. Both staff and the Commission
unanimously agreed on this recommendation.
RHA has performed work similar to that requested in our RFP in the cities of Riverside, Corona,
Chino Hills and Moreno Valley as well as cities in Orange and Los Angeles counties. Their proposal
was complete, included the full scope of work and represented the lowest cost compared to the other
qualified bidders. Their proposed amount for the project totaled $135,300.
Project tasks include preparing a phase one environmental assessment, conducting a public scoping
meeting, preparing three preliminary designs, and preparing the final plans and specificatiOlis. RHA
should complete their work by January 2008.
It is Staffs recommendation that the Mayor and Common Council award a professional services
agreement to RHA Landscape-Planners, Inc. in the amount of $135,300 for the work specified in
their proposal to the City (Refer to Exhibit "B").
Financial Impact:
Funds for the design of the Electric Avenue Historic Park were included and approved in the
FY 06/07 CIP Budget. A total of $135,300 is available in Account Nos. 243-363-5504-7499
($125,000) and 268-488-5504-7499 ($10,300).
Recommendation:
Adopt Resolution.
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BER..'liARDINO AVTHORIZIl'lG THE CITY MANAGER TO EXECUTE A
PROFESSIOl'lAL SERVICES AGREEMENT WITH RHA LANDSCAPE
ARCHITECTS-PLANNERS, Il'lC., 1;\ THE AMOUNT OF $135.300 FOR THE
5 PURPOSE OF PREPARING THE PLANS AND SPECIFICATIONS FOR THE
6 ELECTRIC AVENUE HISTORIC PARK PROJECT.
RESOLUTION NO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute on behalf of the City
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10 the Professional Services Agreement between the City of San Bernardino and RHA Landscape
11 Architects-Planners, Inc., in the amount of $135,300 for preparing the plans and specifications
12 for the Electric A venue Historic Park project, a copy of which is attached hereto, marked as
13 Exhibit "A", and incorporated herein by this reference.
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SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the Office of the
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City Clerk within thirty (30) days followin' effective date of the resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OJ-
SAN BER.c"lARDIl'IO AUTHORIZING THE CITY MA.1\AGER TO EXECTTE .\.
2 PROFESSIONAL SERVICES AGREEMENT WITH RIIA LANDSCAPF.
3 ARCHITECTS-PLANNERS, INC., IN THE AMOUNT OF $135,300 FOR THE
PVRPOSE OF PREPARIl'IG THE PLANS AND SPECIHCATJON~ FOR THE
ELECTRIC A VEl'IUE HISTORIC PARK PROJECT.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted b\ the Mdyor am'
6 Common Council of the City of San Bernardino at a
Meeting, thereof,
7 held on the day of
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COlJNCIL MEMBERS AYES
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ESTRADA
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_,2007, b: the following ,ote to wit:
NAYS
ABSTAIN ABSENT
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BAXTER
12 BRINKER
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DERRY
KELLEY
JOHNSOl'\
MC CAJv!MAI. K
Rachel G. Clark, City Clerk
City of San Bernardino
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The foregoing resolution is hereby approved this
day of
,2007.
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24 Approved as to form:
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Patrick J. Morris, Mayor
City of San Bernardino
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EXHIBn A
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AGREEMENT FOR SERVICES TO PROVIOE PLA"S\ND SPECIFICATIONS
FOR THl: ELECTRIC A VENUE HISTORIC PARK PROJECT
THIS AGREEMENT is n:ade and entered into this day of _ _
2007 ("Effective Date"), by and between the CITY OF S,\1\ BERJ\ \RDINO, a charter
city ("City"), and RHA Landscape Architects-Planners, Inc ("Consultant")
WITNESSETH:
A. WHEREAS, City proposes to have Consultant prepare the plans and
specifications for the Electric A venue Historic Park Project; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. \\'HEREAS, City and Consultant desire to contract for specific services in
connection with the project described below (the "Project") and desire to set forth their
rights, duties and liabilities in connection with the services to be performed; and
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D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, .Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide professional services for the
Electric Avenue Historic Park projects as identified below:
(a) Survey and prepare existing site drawings, perform a phase one
environmental assessment on the site, conduct a public scoping
meeting to identify desired amenities, prepare three preliminary
designs for review, prepare one final. design and present it to staff,
City Council and the Mayor and prepare the plans and specifications
enabl ing the City to bid the project.
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1.2. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel experienced in
their respective fields and in a manner consistent with the standards of care, diligence and
skill ordinarily exercised by professional consultants in similar fields and circumstances
in accordance with sound professional practices. Consultant also warrants that it is
familiar with all laws that may affect its performance of this Agreement and shall advise
City of any changes in any laws that may affect Consultant's performance of this
Agreement.
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13. Warranty. Consultant warrants that it shall perfornl the services required
by this Agree'11ent in comp:ia~lcf with all applicable Federal and California employment
laws includin". but not Ii: i!cd 10, those laws related to minimum hours and wages:
occupational he:.1th and safety; fair emplOyment and employment practices; worker,:
compensation ins"rance and safety in employment; and all other Federal, State and loca;
laws and ordinances applicable to the services required under this Agreement.
Consultant shall inl1emnify and hold harmless City from and against all claims, demands,
payments, suits, actions, proceedings, and judgments of e\'ery nature and description
including attomeys' fees and costs, presented, brought, or recovered against City for, or
on account of any liability under any of the above-mentioned laws, which may be
incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other
category protected by law, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Labor Code, Section 1735.
1.5 1\on-Exclusive Agreement. Consultant acknowledges that City may enter
into agreements with other consultants (or services similar to the services that are subject
to this Agreement or may have its own employees perform services similar to those
services contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City.
I. 7. Business License: The Consultant shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and
agrees that Consultant shall maintain fiduciary duty and a duty of loyalty to the City in
performing Consultant's obligations under this Agreement. Consultant, in performing its
obligations under this Agreement, is governed by California's conflict of interest law~.
Government Code Section 87100 et seq., and Title 2, California Code of Regulations
Section 18700 et seq.
2.0, COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Contractor shall
be compensated for such services for the fixed amount of $135,240.
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2.2. Additional Services. Consultant shall not receive compensation for
any scTvices provided outside the scope of services specified in this Agreement
unless the City, prior to Consultant performing the additional services, approves
such additional services in writing. It is specifically understood that <1ra!
requests and/ or approvals of such additional sen' ices or additional
compensation shall be barred and are unenforceable.
2.3 Method of Billing. Consultant may submit invoices to City's Director of
Parks, Recreation and Community Services Department for approval on a progress basis,
but no more often than monthly. Said invoice shall be based on the total of all
Consultant's services which have been completed to City's sole satisfaction. City shall
pay Consultant's invoice within forty-five (45) days from the date City receives said
invoice. Each invoice shall describe in detail, the services performed and the associated
time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of
the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to City or the Director of Parks, Recreation and
Community Services Department for inspection and,or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
perfomled pursuant to this Agreement shall commence within five (5) days from the
Effective Date of this Agreement. Said services should be completed within nine (9)
months unless otherwise approved by the Director of Parks, Recreation and Community
Services Department. Failure to commence work in a timely manner and/or diligently
pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusab!e Delavs. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
'compliance with laws or regulations, riots, acts or war. or any other conditions beyond
the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term, This Agreement shall commence on the Effective Date and
continue until satisfactory completion of all work contemplated herein.
4.2. Notice of Termination. The City reserves and has the right and privilege
of canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
notice to Consultant. The termination of this Agreement shall be deemed effective upon
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receipt of the 'notice of termination. In the event of such terminatiL)n, Consultant shall
immediately stop rendering services under this Agreement unless directed otherwise hy
the City.
4.3. Compensation. In the event of termination, City shall pay C lonsultant fl.
reasonable costs incurred and professional senices satisfactorily performed up to and
including the date of City's written notice of termination. Compensation for work in
progress shall be prorated as to the percentage of work completed as of the effective date
of termination in accordance with the fees set forth herein. In ascertaining the
professional services actually rendered. hereunder up to the effective date of terminatil\l1
of this Agreement, consideration shall be given to both completed work and work in
progress, to complete and incomplete drawings, and to other documents pertaining to the
services contemplated herein whether delivered to the City or in the possession of the
Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited
to, finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery
of termination notice to Consultant, at no cost to City. Any use of uncompleted
documents without specific written authorization from Consultant shall be at City's sole
risk and without' liability or legal expense to Consultant.
5.0.
INSUR4.NCE
5. I. Minimum Scope and Limits of Insurance. Consultant shall obtain and
maintain during the life of this Agreement all oftne following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal
injury with a policy limit of not less than One Million Dollars
($ 1,000,000.00), combined single limits, per occurrence and
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
(51,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as ;'equired by the State of
California.
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(dl Professional errors and .jmissions ("i::&O") liability insu~a~ .e ,,:th
policy limits ofnotles,; than One Million Dollars Ciil.OO',.uOO.1 ll.
combined single limits. per occurrence and aggregate Consultant
shall obtain and maintain, said E&O liability insurance daring the
, life of this Agreement and for thrl"" years after compkti"n of the
work hereunder.
5,2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al insureds with respect to this subject project and contract with
City."
(b) Notice: "Said policy shall not tenninate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
e 53. Certificates of Insurance,' Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described abo\'e,
in a form and content approved by City. prior to perforn1ing any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any and
all other prior writings and oral negotiations. This Agreement may be modified only in
writing, and signed by the parties in interest at the time of such modification. The terms
of this Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto, including exhibits to this Agreement.
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6.2. Representatives. The Director of Parks, Recreation & Community
Services or his designee shall be the representative of City for purposes of this
Agreement and may issue all consents, approvals, directives and agreements on behalf of
the City, called for by this Agreement, except as otherwise expressly provided in this
Agreement.
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Consultant sholl designate " rep:cs~nt"tiw for purposes of this Agreement
\\ h. hall k authorized to Issue all consents. approvab. d:rectives and agreements on
behalf of Consultant called for b\ this Agreement. ex. cpt as otherwise expressly
provided in this Agreement
6.3. Proiect Mana\!ers. City shall designate a Project Manager 10 work directly
with Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be
its agent in all consultations with City during the term of this Agreement. Consultant or
its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery. facsimile or mail and shall be addressed as set forth below. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such
'communication is sent by facsimile: and c) 48 hours after deposit in the U.S. "v1ail as
reflected b~ the official U.s. postmark if such communication is sent through regular
United States mail.
IF TO CONSULTANT:
Todd Bagley, Principal
RHA Landscape Architects-
Planners, Inc
6216 Brockton Avenue
Riverside, CA 92506
Fax: 951-686-8091
Tel: 951-781-1930
IF TO CITY:
Director
Parks, Recreation &
Community Services
5,17 N. Sierra Way
San Bernardino. CA 92410
Fax: 909-384-5160
Tel: 909-384-5030
6.5. Attornevs' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this contract on
behalf of the City shall be considered as "attorneys' fees" for the purposes of this
paragraph.
6.6. Governing Law. This Agreement shall be go\erned by and construed
under the laws of the State of California without giving effect to that body of laws
pertaining to conflict of laws. In the event of any legal action to enforce or interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of
competent jurisdiction located in San Bernardino County, California.
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b.7. Assi>mment. Consultant shall not voluntarily or ,J: operation of law
assign, transfer, sublet " encumber all or any part of Consultant's interest in this
Agreement without City, prior written consent. Any attempted assignment, transfer,
subletting or encumbrance shall be void and shall constitute a breach of this Agreement
and cause for ternlination of this Agreement. Regardless of City's consent. no subletting
or assignment shall release Consultant of Consultant's obligation to perform all other
obligations to be performed by Consultant hereunder for the term of this Agreement.
6,8 Indemnification and Hold Harnlless, Consultant shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, lI1cluding attorney fees, damage
to property or injuries to or death of any person or persons or damages of any nature
including, but not by way of limitation, all civil claims or workers' compensation claims,
arising out of or in any way connected \\ nh the intentional or neglIgent acts, errors or
omissions of Consultant. its employees, agents or subcontractors in the performance of
this Agreement.
6.9, Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his
expense, and be responsible for any and all payment of Income Tax, Social Security,
State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for Consultant and its officers, agents, and employees, and all business
licenses, if any are required, in connection with the services to be performed hereunder.
6, I 0 Ownership of Documents. All findings, reports. documents, infornlation
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by Consultant or any of its subcontractors in the course of perfornlance of
this Agreement, shall be and remain the sole property of City. Consultant agrees that any
such documents or infornlation shall not be made available to any individual or
organization without the prior consent of City. Any use of such documents for other
projects not contemplated by this Agreement, and any use of incomplete documents, shall
be at the sole risk of City and without liability or legal exposure to Consultant. City shall
indemnify and hold harmless Consultant from all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from City's use of such documents
for other projects not contemplated by'this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deli\'er to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other Project related items as requested by Citv or its
authorized representative, at no additional cost to the City.
6. I I Public Records Act Disclosure. Consultant has been advised and is aware
that all reports, documents, infotmation and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and
provided to City may be subject to public disclosure as requir~d by the California Public
Records Act (California Government Code Section 6250 et. seq.). Exceptions to public
disclosure may be those documents or information that qualify as trade secrets, as that
term is. defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City Will endeavor to maintain as
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confidential all information obtained b) it that is d~signated as a trade secret. The C!lY
shall not. in any way. be liable or responsible for the disclosure of any trade secret
inclt,ding, without limitation, those records so marked if disclosure is deemed to be
required by law or by order of the Court.
6. I~. Responsibilitv for Errors. Consultan: shall be responsibk for its work and
results under this Agreement. Consultant, when I\:quested, shall fumish clarification
and/or explanation as may be required by the City's representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant occurs, then Consultant shalL at no cost to
City, provide all necessary design drawings, estimates and other Consultant professional
services necessary to rectify and correct the matter to the sole satisfaction of City and to
participate in any meeting required with regard to the correction.
6.13. Prohibited Emplovment. Consultant will not employ any regular
employee of City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and an\ of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the
sole benefit of City and Consultant and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
6.17. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or
to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as
if drafted jointly by the parties and in accordance with its fair m~aning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
no way be deemed a waiver of those rights to require such performance or compliance.
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No waiver of any provision of this Agreement shall be effecti,'e unless in '\Tilin;- .ma
signed by a duly authorized representative ./ the party against whon, cnforeemer:\ of a
waiver is sought. The waiver of any right or remedy in respect to any occurrence or
event shall not be deemed a waiver of any right or remedy in respect to any other
occurrence or e,'ent, nor shall any waiver constitute a continuing waiver.
6.21. Severability. If any provision of this Agreement is determined by a court
of competent jurisdiction to be unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining temlS and provisions hereof
or of the offending provision in any other circumstance. Notwithstanding the foregoing,
if the value of this Agreement, based upon the substantial benefit of the l-,argain for any
party is materially impaired, which determination as made by the presiding court or
arbitrator of competent jurisdiction shall be binding, then bOlh panies agree to substitute
such provision(s) through good faith negotiations.
6.22. Counterparts. This Agreement may be executed in one or more
counterpat1S, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
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6.23. Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
provisions of this Agreement.
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AGREEME:\'T FOR SERnCES TO .'RonDE PLA:\S AND SPECIFICATIONS
FOR THE LITTLE :\lOV":TAIl'O TR.\IL AND ELECTRIC .\ \'E:\'UE HISTORIC
PARK PRO.! LCTS
IN WITNESS WHEREOF. the panIes hereto hJve caused this Agreement to be
executed by and through their respective authorized officers. as of the date first above
written.
CITY OF SAN BERNARDINO.
A Municipal Corporation.
Consultant
Fred Wilson, City Manager
R\.
Signature
Name and Title
e Approved as to form:
By
James F. Penman, City Attorney
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CITY or SA~ BERNARDl:\'O Jllllllary 22, 2007 Page 3 oJ '
Park & Rt'.:r~ation Facilities Design and Engineering Services 3: Approach and Methodology
Project Two:. Electric Avenue Historic park:
This project has great potential to embrace the rich history of San Bernardino. As we
develop the project 'design we will embrace the community by coming to an
understanding of the community recreational needs and wants while we pursue ways to
include historic character in to the park.
Task 2.1:
Survey and Prepare Existinq Site Drawinqs
A survey the eXisting site conditions including the location of above and
below grade utilities and infrastructure will be conducted. The data
gathered will be developed in a plan format. This information will serve
as the base for design and document preparation. The survey and site
investigation will include:
. Location and identification of existing utilities
. Determination of right-of -ways and or easements
. Site elements
. Property lines
. Existing drainage
. Other elements as applicable
Task 2.2:
Perform Phase One Environmental Assessment on the Site
A geo-technical survey of the site will be conducted to study of the project
soil conditions and complete phase one environmental studies and
reports. Geo-technical survey work will include:
. Phase one environmental analysis
. Soil Testing
Task 2.3:
Conduct Public Scopinq Meetinq to Identify Desire Amenities
It is our priority to design a park facility which benefits and compliments
the community. In order to understand what features the community
desires and needs we will conduct the following meetings and research:
. Research existing guidelines and standards
. Review existing demographic studies
. Meet with staff to discuss neighborhood composition, plans for
development in the neighborhood and park needs.
· In concert with the staff plan and conduct a workshop with
members of the Community Redevelopment Alliance and elected
officials
· Working with staff plan and conduct a public meeting I workshop
to develOp ideas for an park development program
N:\Proposals' 561 005'.56143 San Bernardino Four Parks'Proposal\Approach and Methodologyr,doc
RHA LA:"iDSCAPE ARCHITECTS-PLANNERS, INC.
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EXHIBIT "B"
CITY OF SA:-i BERNARDINO January n, 2007 Pagl: -Iof9
Park & Recreation Facilities Design and Engineering Services 3: Approach and Methodology
Task 2.4:
Task 2.5:
Task 2.6:
. Summarize comments form the various meeting, met with staff to
review the outcomes of the various meetings At this meeting
work with staff to develop an design program
Prepare Three Preliminary Desillns for Review
Using the program criteria we will develop three conceptual I preliminary
park design sketches. Each sketch will illustrate the relationship of
various design elements from the scoping meetings, show park walk and
path circulation, indicate the how special elements are defined. Each of
the design sketches will be color rendered for presentation purposes.
We propose that these sketches are reviewed on two levels, first by staff
and them by the Community Redevelopment Alliance. Direction from
these reviews will be used to determine what will be included on the final
design.
Prepare One Final Desilln
A final design will be prepared for presentation to staff and council. The
final design will be based on the direction form the review of the
preliminary designs and include the direction received during the scoping
meetings. The final design drawings will include:
. Plan view site design illustration
. Elevation drawings of the site
. . A illustrated materials palette board illustrative of photographic
representations of the proposed materials
. Up to three artiest renderings from various view points
. Plant materials lists and illustrations
. Options of expected construction costs
We will present the final design to staff, the Redevelopment Alliance and
elected officials.
Prepare Plans and Specifications for Bid Documents
The final design will be developed into plans and documents which will be
utilized to solicit and obtain bids and for construction of the park and
amenities. These documents will include:
. Demolition plans
. Grading plans
. Utilities plans
. Electrical plans
. Site elements and amenities layout plan
N\Proposals\56100s\~624J San Bemardino Four Parks\Pn..'posal\Approach and MClhodologyrdoc
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
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EXHIBIT "B"
CITY OF SAN BER."'IARDINO January 22,201;7 Page j of ~
Park & Recreation Facilities Design and Engineering Services 3: Approach and Methodology
.
. Construction materials and amenities schedule
. Hardscape and amenities details
. Irrigation plans and details
· Planting plans and details
· Bid schedules
. Bid documents
. Bid and technical specifications (we will utilize the City boiler plate
specifications for the bid specifications)
. The Opinion Probable Construction Costs will be updated
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AGREEMENT FOR SERVICES TO PROVIDE PLA~S A"D SPECIFICATIONS
FOR THE ELECTRIC AVE1\UE HISTORIC PARK PROJECT
THIS AGREEMENT is made and entered into this day of
2007 ("Effective Date"), by and between the CITY OF SAN 8ERNARDI",O, a charter
city ("City"), and RHA Landscape Architects-Planners, Inc ("Con<ltar. )
WITNESSETH:
A. WllEREAS, City proposes to haw Consultant preparl' the plans and
specifications for the Electric Avenue Historic Park Project; and
8, WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C WHEREAS, City and Consultant desire to contract for specific services in
connection with the project described below (the "Project") and desire to set forth their
rights, dutie, and liabilities in connection with the services to be performed; and
D, WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows
1.0. SERVICES PROVIDED BY CONSULTANT
I I, Scope of Services, Consultant shall provide professional services for the
Electric Avenue Historic Park projects as identified below
(a) Survey and prepare existing site drawings, perform a phase one
environmental assessment on the site, conduct a public scoping
meeting to identify desired amenities, prepare three preliminary
designs for review, prepare one final design and present it to staff.
City Council and the Mayor and prepare the plans and specifications'
enabl ing the City to bid the project.
12, Professional Practices, All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel experienced in
their respective fields and in a manner consistent with the standards of care, diligence and
skill ordinarily exercised by professional consultants in similar fields and circumstances
\ in accordance with sound professional practices, Consultant also warrants that it is
familiar with all laws that may affect its performance of this Agreement and shall advise
City of any changes in any laws that may affect Consultant's performance of this
Agreement.
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3. Warrant \ Consu,:ant warrants that It shall perform the services required
b.. th,..\greer.'~r:1 111 co 'plia:'cc with all applicable Federal and California employment
laws IIlcludin~. but not . mited to, those laws related to minimum hours and wages;
occupational health and ,~fety; fair employment and employment practices; workers'
compensation insurance and safety ill employment; and all other Federal, State and local
laws and ordinances applicable to the services required under this Agreement.
Consultant shall indemnify and hold harmkss City from and against all claims, demands,
payments, suits, actions, proceedings, and judgments of every nature and description
including attorneys' fe~s and costs, presented, brought, or recovered against City for,' or
on account of any liability under any of the above-mentioned laws, which may be
incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other
category protected by law, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter
into agreements with other consultants for services similar to the services that are subject
to this Agreement or may have its own employees perform services similar to those
services contemplated by this Agreement.
1.6. Delel!ation and Assi I!nment. This is a personal service contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City.
I. 7. Business License: The Consultant shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.8. Dutv of Lovaltv/Conflict of Interest: The Consultant understands and
agrees that Consultant shall maintain fiduciary duty and a duty of loyalty to the City in
performing Consultant's obligations under this Agreement. Consultant, in performing its
. obligations under this Agreement. is governed by California's conflict of interest laws,
Government Code Section 87100 et seq., and Title 2, California Code of Regulations
Section 18700 et seq,
2,0, COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Contractor shall
be compensated for such services for the fixed amount of 5135,240.
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22. 'Additional Services. Consultant shall not receive compensation for
any services pro\'ided outside the scope of services specified in this Agreement
unless the Cit\., prior to Consultant performing the additional services, approves
such additional services in writing. It is specifically understood that oral
. recjuest" and/or approvals of such additional services or additional
compensation shall be barred and are unenforceable.
2.3. Method of Billin~. Consultant may submit invoices to City's Director of
Parks, Recreation and Community Services Department for approval on a progress basis,
but no more often than monthly. Said invoice shal! be based on the total of all
Consultant's services which have been completed to City's sole satisfaction. City shall
pay Consultant's invoice within forty-five (45) days from the date City receives said
invoice. Each invoice shall describe in detail, the services performed and the associated
time for completion. Any additional services approved and performed pursuant to this
. Agreement sh:lll be designated as "Additional Services" and shall identify the number of
the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relati:lg to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to City or the Director of Parks, Recreation and
Community Services Department for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0.
TIME OF PERFOR.l'VIANCE
3.1. Commencement and. Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the
Effective Date of this Agreement. Said services should be completed within nine (9)
months unless otherwise approved by the Director of Parks, Recreation and Community
Services Department. Failure to commence work in a timely manner and/or diligently
pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delavs. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond
the reasonable control of a party.
4.0. TERI\>I AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and
continue until satisfactory completion of all work contemplated herein.
4.2. Notice of Termination. The City reserves and has the right and privilege
of canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
notice to Consultant. The termination of this Agreement shall be deemed effective upon
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receipt of the notice of termination. In the event (; such termination, Consultant sh~,i
immediately stop rendering services under this Agreement unless directed otherwise by
the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and
induding the date of City's written notice of termination. Compensation for work in
progress shall be prorated as to the percentage of work completed as of the effective date
of termination in accordance with the fees set forth herein. In ascertaining the
professional services actually rendered hereunder up to the effective date of termination
of this Agreement, consideration shall be given to both completed work and work in
progress, to complete and incomplete drawings, and to other documents pertaining to the
services contemplated herein whether delivered to the City or in the possession of the
Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited
to, finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery
of termination notice to Consultant, at no cost to City. Any use of uncompleted
documents without specific written authorization from Consultant shall be at City's sole
risk and without liability or legal expense to Consultant.
e 5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations. broad form property damage,
blanket contractual liability, independent contractors, personal
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($ I ,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation lllsurance as required by the State of
California.
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(d)
Professional errors and omi"ciuns ("E&--O") !iahliJt) i1h,rancc witr.
pc'!;cy limits of not less than One MilL0n Dollars ($1. .',0(1:),00).
combined single limits, per occurrence and aggregate. Consultant
shall obtain and maintain, said E&O liability insurance during the
life of this Agreement and for three years after completion of the
work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al insureds with respect to this subject project and contract with
City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City,"
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
5.3. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above,
in a form and content approved by City, prior to performing any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement. or the extent to which
Consultant may be h'.'ld responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any and
all other prior writings and oral negotiations. This Agreement may be modified only in
writing, and signed by the parties in interest at the time of such modification The terms
of this Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The Director of Parks, Recreation & Communi tv
Services or his designee shall be the representative of City for purposes of this
. Agreement and may issue all consents, approvals, directives and agreements on behalf of
the City, called for by this Agreement, except as otherwise expressly prOVided in this
Agreement.
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COnSUb'1i shall :~signate a'eprese:1tative tor :'urposes of this Agreement
who shall be auth,mzed 10 155..0 all C(\!1St"ts. npprovals, directives a'ld agreements on
behalf of Consultant called fur by tlllS A"reement, except as otherwise expressly
provided in this Agreement.
6.3. ProJect Managers. City shall designate a Project Manager:o work directly
with Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be
its agent in all consultations with City during the term of this Agreement. Consultant or
its Project Manager shall nttend nnd assisl in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. Such
communication shall be deemed served or delivered: a) at the time of deli vel)' if such
communication is sent by personal delivery; b) at the time of transmission if such
communication is sent by facsimile: and c) 48 hours after deposit in the U.S. Mail as
reflected by the official U.S. postmark if such communication is sent through regular
United States maiL
IF TO CONSULTANT:
Todd Bagley, Principnl
RHA Landscape Architects-
Planners, Inc
6216 Brockton Avenue
Riverside, CA 92506
Fax: 951-686-8091
Tel: 951-781-1930
IF TO CITY:
Director
Parks, Recreation &
Community Services
547 N. Sierra Wav
San Bernardino, CA 92410
Fax: 909-384-5160
Tel: 909-384-5030
6.5. Attornevs' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms. conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this contract on
behalf of the City shall be considered as "attorneys' fees" for the purposes of this
paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of California without giving effect to that body of laws
pertaining to conflict of laws. In .the event of any legal action to enforce or interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of
. competent jurisdiction located in San Bernardino County, California.
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o. i. .-\ssi~nment. Consultant shall not voluntarily .x by operation of law
assign. transfer, sublet or encumber all or any part of COllsultant's interest in this
Agreement without City's prior written consent. Any attempted assignment, transfer,
subletting or encumbrance shall be void and shall constitute a ~'reach of this Agreement
and cause for termination of this Agreement. Regardless of City's consent, no subletting
or assib'lllllent shall release Consultant of Consultant's obligation to perform all other
obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8 Indemnification and Hold Harmless. Consultant shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including attorney fees, damage
to property or injuries to or death of any person or persons or damages of any nature
including, but not by way of limitation, all civil claims or workers' compensation claims,
arising out of or in any way connected with the intentional or negligent acts, errors or
omissions of Consultant, its employees, agents or subcontractors in the performance of
this Agreement.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his
expense, and be responsible for any and all payment of Income Tax, Social Security,
State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for Consultant and its officers, agents, and employees, and all business
licenses, if any are required. in connection with the services to be performed hereunder.
6.10 Ownership of Documents. All findings. reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by Consultant or any of its subcontractors in the course of performance of
this Agreement, shall be and remain the sole property of City. Consultant agrees that any
such documents or information shall not be made available to any individual or
organization without the prior consent of City. Any use of such documents for other
projects not ulIltemplated by this Agreement, and any use of incomplete documents, shall
be at the sole risk of City and Without liability or legal exposure to Consultant. City shall
indemnify and hold harmless Consultant from all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from City's use of such documents
for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any forn1, including but. not limited to, computer tapes:
discs. files audio tapes or any other Project related items as requested by City or its
authorized representative, at no additional cost to the City.
6.11 Public Records Act Disclosure. Consultant has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and
. provided to City may be subject to public disclosure as required by the California Public
Records Act (California Government Code Section 6250 et. seq.). Exceptions to public
disclosure may be those documents or information that qualify as trade secrets, as that
term is defined in the California Government Code Section 6254.i, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as
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confidential all infonnation obtail"_'] by it that is designated as a trade secret. The City
shall not, in any way, be liable responsible for the disclosure of any trade secret
including, without limitation, thooe records so marked if disclosure is deemed to be
required by law or by order ,)fthe Court.
6. I 2. Responsibilitv for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be. required by the City's representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error oj- omission attributable to Consultant occurs, then Consultant shall, at no cost to
City, provIde all necessary design drawings, estimates and other Consultant professional
services necessary to rectify and correct the matter to the sole satisfaction of City and to
participate in any meeting required with regard to the correction.
6. I 3. Prohibited Emplovment. Consultant will not employ any regular
employee of City while this Agreement is in effect.
6. I 4. Order of Precedence. In the event of an inconsistency or contlict in this
Agreement and any of the attached Exhibits or Attachments, the tenns set forth in this
Agreeme:1l shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the perfonnance of its obligations
hereunder except as expressly provided herein.
6. I 6. ]\;0 Third Partv Beneficiarv Rights. This Agreement is entered into for the
sole benefit of City and Consultant and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
6. I 7. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or
to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
618. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as
if drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
6.20. Wai\'er. The delay or failure of either party at any time to require
perfonnance or compliance by the other of any of its obligations or agreements shall in
no way be deemed a waiver of those rights to require such perfonnance or compliance.
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:-';0 waiver of ;my provision of this Agreement shall he effective unless in II "ling ajl~
signed by a duly authorized representative of the pam against whom enforcc'nent of 2
waiver is sought The waiver of any right or remedy in respect to any OCCdrre:.ce (',
event shall not be deemed a waiver of any right or remedy in respect to 'my ot" ':
occurrence or event, nor shall any waiver constitute a continuing waiver.
6,21, Severabilitv, If any provision of this Agreement is determined by a court
of competent Jurisdiction to he unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining temlS and provisions hereof
or of the offending provision m any other circumstance, Notwithstanding the foregoing,
i r the \'alue of this Agreement, based u'pon the substantial benefit of the bargain for any
party is materially impaired, which detemlination as made by the presiding court or
arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute
such provision(s) through good faith negotiations.
6.22. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an originaL All counterparts shall be
c,)nstrued together and shall constitute one agreement.
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6.23. Corporate Authoritv. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
provisions of this Agreement.
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AGREEMEl"T FOR SERVICES TO PRO\IDE PU.:\S A:\D SPECIFICATIONS
FOR THE LITTLE MOUNTAI:'Ii TRAII\"D ELECTRIC A VE"UE HISTORIC
PARK PROJECTS
Il" WITNESS WHEREOF, the parties hereto have l de; cc'd this Agreement :.0 be
executed by and through their respective authorized officers, as of the date first "bove
written.
CITY OF SAN BERNARDINO,
A Municipal Corporation,
Consultant
By
Signature
Fred Wilson, City Manager
Name and Title
e Approved as to fom1:
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