HomeMy WebLinkAbout27-Parks & Rec ORIGINAL
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director Subject: RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY
Dept: Parks, Recreation & Community OF SAN BERNARDINO AUTHORIZING
Services Dept. THE Cam' MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT
WITH DAVID EVANS AND ASSOCIATES IN
Date: June 14, 2007 THE AMOUNT OF $113,567 FOR THE
PURPOSE OF PREPARING PRELIMINARY
PLANS FOR THE PROPOSED
VERDEMONT COMMUNITY CENTER
AND TO REPEAL RESOLUTION NO.
2007-144 APPROVED BY MAYOR
AND COMMON COUNCIL ON MAY 7,2007.
MC/C Meeting Date: June 18, 2007
Synopsis of Previous Council Action:
Recommended motion:
Adopt Resolution.
Signature
Contact person: Kevin Hawkins Phone: 384-5030
Supporting data attached: Staff Report,Reso&Agreement Ward: 5
FUNDING REQUIREMENTS: Amount: $113,567.00
Source: (Acct. No.) 268-488-5504-7743
Select and Design Community
(Acct. Description Center in the Verdemont Area
Finance:
Council Notes: � sU 2007— Z oS
Agenda Item No.
�-i���
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 David Evans and Associates in
the amount of $113,567 for the purpose of preparing preliminary plans for the proposed
Verdemont Community Center and repealing Resolution No. 2007-144 approved by Mayor and
Common Council on May 7, 2007.
Backl1round:
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 as follows:
1. Little Mountain Trail
2. Electric Avenue Historic Park
3. A 30 acre park in the Verdemont area
4. A Community Center within the 30 acre park
The subject of this staff report covers only the Community Center project.
Six firms submitted proposals for the four projects but only four firms responded to the
community center project. Below is a table identifying the bidders and their costs for the
community center project.
Verdemont
Name Community
Center
RHA Landscape Arch., $225,670
Riverside
WLC Architects, $515,755
Rancho Cucamonga
Community Works
Design Group, No Bid
Riverside
David Evans & Assoc., $384,969
Ontario
BMLA, Corona $309,371
RJM Design Group, No Bid
San Juan Capistrano
Work requested by the RFP for this project included: a) involving focus groups to determine
amenities, b) use of the input to prepare conceptual designs, c) preparing preliminary
engineering and estimated costs for construction, and d) preparing bid documents. The
community center was identified as a 15,000 square foot building to be located within the 30-
acre park designated for the Verdemont area.
After a review of the proposals by staff and a Parks and Recreation Commission ad hoc
committee, David Evans and Associates (DEA)was determined to be the best qualified and most
responsive proposer. DEA has extensive experience in designing parks, athletic fields, park
facilities, and community centers. Recent experience includes projects in Coachella Valley,
Burbank, Fontana, Pasadena and Oceanside to name a few. DEA proposed a cost of $384,969
and a timeframe of 10 months to perform the work.
Funding for this project is available with a budget transfer, but not for all of the work proposed.
To bring the costs within our funding limits the following is recommended:
♦ Eliminate the "fly through" task which is not needed for preparing the preliminary or
final design. The "fly through" task is a three dimensional computer animation that
provides a simulated tour of the project.
♦ Three phases are proposed for this project: 1) Preparation of preliminary and schematic
building designs for review, 2) Preparation of one final plan, and 3) Preparation of plans
and specifications for bid documents. It is recommended that only the first phase of work
be performed at this time. The other phases can follow if additional project funds are
made available next fiscal year. Phase one work alone will take approximately 5 '/2
months so if additional funds are appropriated to the project next fiscal year, the
remaining work can be performed without any interruption.
Following the above two recommendations will result in a cost of$113,567.
This approach was discussed with the Parks and Recreation Commission ad hoc committee and
subsequently brought to the full Commission who recommended supporting this position on a
unanimous vote. David Evans and Associates is also agreeable to proceeding in the above
manner.
The funding source for this project is the Park Improvement Impact Fee. While the resources are
available, a transfer was required within the fund from one account to another. There were no
impacts to any of the other listed projects in the fund. On May 7, 2007, a transfer was
requested in the amount of$88,600 from 268-488-5504-7745, Park and Facility Design Services
to 268-488-5504-7743, Select and Design Community Center in the Verdemont Area.
According to the vendor, the RFP and scope of work had been reviewed prior to the May 7,
2007, Council meeting; however, the review did not include the Agreement that was approved
by the City Council at the May 7, 2007, meeting. Once the vendor's attorneys reviewed the
Agreement, changes were recommended. These recommendations were submitted to the Office
of the City Attorney for review, which resulted in a meeting with Parks, Recreation and
Community Services staff, David Evans & Associates, and the City Attorney's office for
concurrence. The proposed Agreement incorporates some of the non-material changes and is
acceptable to all parties.
Because of the changes in the Agreement, Staff requests repeal of Resolution No. 2007-144 of
May 7, 2007, and authorization to execute the revised Agreement.
Financial Impact:
Total cost to award contract as described in staff report is $113,567. A total of$25,000 is
available in the Parks AB 1600 Parkland Development Impact Fee Fund in account number
268-488-5504-7743 ("Select & Design Verdemont Community Center PR04-28"). At the May
7, 2007 Council meeting, a budget amendment was authorized to transfer$88,600 from another
project in the same fund, account number 268-488-5504-7745 ("Park & Facility Design
Services PR0712") is requested.
Recommendation:
Adopt Resolution.
AGENDA ITEM TRANSMITTAL SHEET
Meeting Date June 18, 2007
_ Regular X Supplemental
Department Parks, Recreation & Community Services
TITLE OF RESOLUTION/ORDINANCE
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
City Manager to execute a professional services agreement with David Evans and Associates in
the amount of $113,567 for the purpose of preparing preliminary plans for the proposed
Verdemont Community Center and to repeal Resolution No. 2007-144 approved by Mayor and
Common Council on May 7, 2007.
SIMILAR RESOLUTION/ORDINANCE ADOPTED
SUBMITTED TO CITY MANAGER
Kevin Hawkins, Director
Date From Parks, Recreation and Community Services Department
SUBMITTED BY CITY MANAGER TO CITY ATTORNEY
Date Received By
RETURNED BY CITY ATTORNEY TO DEPARTMENT FOR CHANGES
1sT Time Date Received By
2"d Time Date Received By
RESUBMITTED BY DEPARTMENT TO CITY ATTORNEY WITH CHANGES
1"Time Date Received By
2"d Time Date Received By
SUBMITTED BY CITY ATTORNEY TO CITY MANAGER FOR PLACEMENT ON
AGENDA
Date Received By
RESOLUTION NO. 0 [P
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
! PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS AND
ASSOCIATES IN THE AMOUNT OF $113,567 FOR THE PURPOSE OF PREPARING
PRELIMINARY PLANS FOR THE PROPOSED VERDEMONT COMMUNITY
CENTER AND REPEALING RESOLUTION NO. 2007-144 APPROVED BY MAYOR
AND COMMON COUNCIL ON MAY 7, 2007.
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
the Professional Services Agreement between the City of San Bernardino and David Evans and
Associates in the amount of $113,567 for preparing preliminary plans for the proposed
Verdemont Community Center, a copy of which is attached hereto and incorporated herein as
Attachment "A.".
SECTION 2. Resolution No.2007-144 approved by Mayor and Common Council on
May 7 2007 is hereby repealed.
SECTION 3. 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
City Clerk within thirty(30) days following effective date of the resolution.
///
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS AND
ASSOCIATES IN THE AMOUNT OF $113,567 FOR THE PURPOSE OF PREPARING
j PRELIMINARY PLANS FOR THE PROPOSED VERDEMONT COMMUNITY
CENTER AND REPEALING RESOLUTION NO. 2007-144 APPROVED BY MAYOR
AND COMMON COUNCIL ON MAY 7, 2007.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a Meeting, thereof,
held on the day of , 2007, by the following vote to wit:
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MC CAMMACK
Rachel G. Clark, City Clerk
City of San Bernardino
The foregoing resolution is hereby approved this day of ) 2007.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
By:
James F. Penman, City Attorney
AGREEMENT FOR SERVICES TO PROVIDE PRELIMINARY PLANS AND A
Coe FINAL SCHEMATIC DESIGN FOR THE PROPOSED VERDEMONT
COMMUNITY CENTER
THIS AGREEMENT is made and entered into this day of , 2007
("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city
("City"), and David Evans and Associates, Inc. ("Consultant").
WITNESSETH :
A. WHEREAS, City proposes to have Consultant prepare preliminary plans and a
final schematic design for the proposed Community Center to be located in the
Verdemont area of the City; 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. 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, duties 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
1.1. Scope of Services. Consultant shall provide professional services for the
proposed Verdemont Community Center project as set forth on the Project 4 —
Verdemont Community Center — Scope of Services, attached hereto and incorporated
herein by this reference as Attachment "A."
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 agrees 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.
g T144C #/-I E,T
1.3. Compliance. Consultant shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws
including, but not limited to, those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and local
laws and ordinances applicable to the services required under this Agreement in effect
during the time of performance of this Agreement. Consultant shall indemnify and hold
harmless City from and against all claims, demands, payments, suits, actions,
proceedings, and judgments of every nature and description including attorneys' fees and
costs, presented, brought, or recovered against City for, or on account of any liability
under any of the above-mentioned laws, to the extent that they are 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. 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.
1.7. 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: 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$113,567.
2.2. Additional Services. Consultant shall not receive compensation for any
services provided outside the scope of services specified in this Agreement unless the
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City, prior to Consultant performing the additional services, approves such additional
services in writing. It is specifically understood that oral requests and/or approvals of
such additional services 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, reasonable 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 performed pursuant to this Agreement shall commence within five (5) days from the
Effective Date of this Agreement. Said services should be completed within five and a
half(5 1/2) 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 Delays. 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. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and
continue until completion of all work contemplated herein to the reasonable satisfaction
of City.
4.2. Notice of Termination. City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work
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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
receipt of notice of termination. In the event of such termination, Consultant shall
immediately stop rendering services under this Agreement unless directed otherwise by
City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services performed to the reasonable
satisfaction of City 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 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, one legible
copy of 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. 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
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
California.
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(d) Professional Liability insurance with policy limits of not less than
One Million Dollars ($1,000,000.00), combined single limits, per
occurrence and aggregate. Consultant shall obtain and maintain,
said Professional 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
additional 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 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.
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
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Agreement.
Consultant shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on
behalf of Consultant called for by this Agreement, except as otherwise expressly
provided in this Agreement.
6.3. Proiect Managers. City shall designate a Project Manager to 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. Mail as
reflected by the official U.S. postmark if such communication is sent through regular
United States mail.
`�✓ IF TO CONSULTANT: IF TO CITY:
Jeffrey K. Rupp, Project Principal Kevin L. Hawkins, Director
David Evans and Associates, Inc Parks, Recreation& Comm. Services
800 North Haven, Suite 300 547 N. Sierra Way
Ontario, CA 91764 San Bernardino, CA 92410
Fax: 909-481-5757 Fax: 909-384-5160
Tel: 909-481-5750 Tel: 909-384-5030
6.5. Attorneys' 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.
6.7. Assignment. Consultant shall not voluntarily or by operation of law
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assign, transfer, sublet or encumber all or any part of Consultant'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 breach of this Agreement
and cause for termination 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 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,
to the extent they arise out of 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 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 deliver 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 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
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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
confidential all information obtained by it that is designated as a trade secret. The City
shall not, in any way, be liable or responsible for the disclosure of any trade secret
including, without limitation, those records so marked if disclosure is deemed to be
required by law or by order of the Court.
6.12. Responsibility 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 or omission attributable to Consultant occurs, then Consultant shall, at no cost to
City, provide all appropriate design drawings, estimates and other Consultant
professional services necessary to rectify and correct the matter to the sole, reasonable
satisfaction of City and to participate in any meeting required with regard to the
correction.
6.13. Prohibited Employment. 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 any 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 BeneficiM 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 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
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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.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement 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 event, 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 terms and provisions hereof
or of the offending provision in any other circumstance.
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
construed together and shall constitute one agreement.
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.
HI
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AGREEMENT FOR SERVICES TO PROVIDE PRELIMINARY PLANS AND A
FINAL SCHEMATIC DESIGN FOR THE PROPOSED VERDEMONT
COMMUNITY CENTER
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF SAN BERNARDINO, DAVID EVANS and ASSOCIATES,INC.,
A Municipal Corporation, Consultant
By
Fred Wilson, City Manager Signature
Name and Title
Approved as to form:
James F. Penman,
City Attorney
By
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I.
CITY OF SAN BERNARDINO
Interoffice Memorandum 2007 JUL 26 P ik 2; It
CITY CLERK'S OFFICE
Records and Information Management(RIM) Program
DATE: June 21, 2007
TO: Kevin Hawkins
Parks, Recreation & Community Services Department
FROM: Sandra Medina
Assistant to the ACityNC'Ierk
RE: Transmitting Documents for Signature—Resolution 2007-205
At the Mayor and Common Council meeting of June 18, 2007, the City of San Bernardino
adopted Resolution No. 2007-205 —Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City Manager to execute a Professional Services Agreement with
David Evans and Associates in the amount of$113,567 for the purpose of preparing preliminary
plans for the proposed Verdemont Community Center and repealing Resolution No. 2007-144
approved by Mayor and Common Council on May 7, 2007.
Attached are one (1) original agreement and two (2) duplicate original agreements. Please obtain
signatures in the appropriate locations and return the ORIGINAL contract to the City Clerk's
Office as soon as possible. Please keep the remaining two (2) fully executed copies for your
records and for the other party.
Please be advised that the contract will be null and void if not executed within thirty days
(30) days, or by Wednesday, July 18, 2007.
If you have any questions, please do not hesitate to contact Margaret Fedor in the City Clerk's
Office at t. 3206. Thank you.
I hereby a owledge re of the abo mentioned documents.
Signed:
P1 ase sign and return
Date:
SM/mf
Received: Jun 18 2007 07 15am
06%18/2007 07:12 9094815757 DAVID EVANS AND ASSO PAGE 03
"The City is proposing to construct a 1 5,000 square foot community center building to be
located in the north end of the City in the proposed verdemont Park set forth in Project 3.
The property is located generally along the east side of Interstate 215, north of Little
League Drive, adjacent to the pet cemetery."
The Community Center is to be designed to incorporate appropriate features to meet the
U.S. Green Building Council LEED Rating System at a Gold or Platinum level. (The
Leadership in Energy and Environmental Design (LEED) Green Building Rating System TM is
the nationally accepted benchmark for the design, construction, and operation of high
performance green buildings. LEED gives building owners and operators the tools they
need to have an immediate and measurable impact on their buildings' performance.
LEED promotes a whole building approach to sustainobility by recognizing performance in
six key areas of human and environmental health;Sustainable Site Development, Water
Efficiency, Energy and Atmosphere, Materials and Resources, Indoor Environmental Quality
and Innovative design).
The program for accommodation within the proposed Community Center Building will be
established during a scoping meeting to be held with members of the community,
following which three conceptual preriminary designs shall be prepared incorporating the
input received at the scoping meeting_ A "fly through" for each design is to be prepared
together with a preliminary estimate of probable construction cost for each of the
conceptual designs.
The conceptual designs shall be presented and discussed at a second community
meeting following which city staff will direct the preparation of one final design option for
the Community Center Building together with a "fly through' materials / color board,
renderings of various views, and estimate of probable construction cost.
Based on the selection of the final design by the City, the preparation of construction
documents is required for building permits, bid and construction of the Community Center
Building.
TASK 4.1 - PREPARE THREE PRELIMINARY BUILDING DESIGNS FOR REVIEW
Task 4.1_a- Start-Up Meeting
The DEA project team shall meet with the city of San Bernardino to begin preparations for
the design of the Community Center Building of the scope of services, objectives, design,
maintenance, utility requirements, construction scheduling and budget.
Task 4.1.b- Data Collection
DEA will evaluate the relative LEED standards as they apply to the proposed building while
considering parking, access, environmental compliance, neighborhood concerns, and
annual maintenance and construction costs. This task also includes coordination with
affected utility agencies and review of the buildings energy operation.
Task 4.1.c - Data Analysis
DEA will analyze all data, verify code issues, building occupancy, request missing
documents,and prepare a written program summary for review and approval by the
Upon approval, DEA will commence with schematic design.
Received: Jun 18 2007 07:15am
06/18/2007 07:12 9094815757 DAVID EVANS AND ASSO PAGE 04
Task 4.1.d - Public Meetings (2)
The DEA project manager and key team members will attend and conduct two public
scoping meetings with City staff, adjacent residents and elected officials in order to scope
out the wants and needs associated with the community center building, as well as review
any documents in the possession of the City's Parks. Recreation and Community Services
Department regarding needs and wants. The public meetings shall be used to determine
the needs of the community as it relates to the facility and its amenities. The first meeting
shall be used to collect data and input as to desired amenities providing the opportunity
for the public to take part in charettes in developing schematic plans. The second
meeting shall be used to present three conceptual drawings to the public for refinement of
the final designs.
Task 4.1.e-Prepare Three Preliminary Designs for Review
DEA shall take all input into consideration in tormulating and prepare three conceptual
preliminary designs for the review by the City. Preliminary designs shall incorporate
applicable input and suggestions provided during the scoping meetings. Designs shall
include only the Community Center. Prehminory designs shall be provided in hard copy
form in order to allow the decision makers to get a sense of the feeling of the park site at
the second-pubhc-irneeting.
Task 4.1.f-Prepare Computer-Enhanced "Fly-Through"
DELETED See attached e-mail communication response to Kerry Morford
dated 5/7/ 2007.
Task 4.1.g -Selection of Preferred Alternative
Based on the City's review of the three conceptual plans. DEA will meet with the City and
determine the preferred concept or combination of concepts.
Trask 4.1.h -Schematic Base Plans
DEA will prepare schematic base plans reflecting the approved program including a site
plan,preliminary grading and drainage plans, street improvement plans, Park master plan,
water and sewer plans, underground utility plan, floor plan(s),interiors and exterior
elevations, initial structural framing system, and roof plan. DEA wll review lighting, power,
and HVAC distribution system to meet the requirements of the program.
Task 4.1 J- Building Systems Analysis
DEA consultant team will analyze and evaluate various options tor, mechanical, plumbing
electrical and structural systems to help determine the most cost effective way to
implement sustainable design strategies into the new building.
Task 4.1.J-Finalization of Schematic Design
DEA team will meet with the project manager and the building teams to review the
schematic design and process Site Development Plan review with City. DEA will also assist
the City with entitlement documents with other responsible agencies.
f
Received: Jun 18 2007 07:15am
06/18/2007 07: 12 9094815757 DAVID EVANS AND ASSO PAGE 05
. tle 10 Kerry Page '1 of 1
IV,ike Evans '
F•om: Leilani Doherty
S?nt: Thursday, April 26, 2007 11:47 AM
T morford_ke @sbclty.org
C Mike Evans
S jbject: Proposed Community Center Building - Verdemonl Park
A ttachments: WALN00000002 Contemporary.pdf,- WALN00000002 Acuatic 1.pdf
Iel o Kcrry:
,oll swing our telephone conversation of this morning, April 26, 2007, I confirm that David Evans and
1ss)ciates, Inc. (l7EA) will provide the services listed in the fee proposal portion of our proposal dated h11112.ry
1, ?007, task items 41A through 4.1 J but excluding tasks order 4.1F(fly through) for the sum of one hu;admd
zd thirteen thousand five hundred and sixty seven dollars ($113,567.00)
"he cost breakdown is as follows:
�as,t 4.1 R{x.442
1 ub Tact Task 4.IF(fly through) ($69.875) $ 91,567
Ldd Subcontractors fees for task 4.1
1 tri;tural $ 4,000
1 4c hanical $ 4,000
1 lut tbing $ 3,000
)Jec trical 5 6,000
!on 2utgr Model Board $ 5, 00
Sub-Total 522,000
ira id'Total $113,567
Ie 1 lave attachcd two files which show examples of computer model boards which we have found helpful in
1 res� ntations of conceptual designs, without the extra expense of preparing model fly throughs.
[ hol e this information is helpful. Plcase let me know if you need additional information. Thank you.
F, est Wishes,
I\licl acl Evans