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CIN OF SAN BERNARD....O - REQUbdT FOR COUNCIL AJ
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From: Annie F. Ramos, Director RE"'D ' .$IabilK:t:OB~SOLUTION AUTHORIZING THE XECUTION OF
..........ll. M'AGREEMENT WITH FLORIAN MARTINEZ
Dept: Parks, Recreation and Community S~~8 ic.e.ll 2c HO n-As'SOCIATES FOR LANDSCAPE ARCHITECTURAL
I~~( AUb () I1rIS~IWICES FOR PHASE IB CONSTRUCTION OF
Date: August 25, 1987 OF SECCOMBE LAKE SURA.
Synopsis of Previous Council action:
February 2, 1987 - Adopted Resolution 87-34 relating to the new Operating Agreement
with State for operation of Seccombe Lake Park.
- Adopted Resolution 87-35 relating to the Development Agreement
for Phase IB of construction of Seccombe Lake Park.
Recommended motion:
Adopt the resolution.
a~/~
Signature
Annie F. Ramos, Director
Contact person: Phone:
Su t.' d ta tt h d Staff Report and Resolution/Agreement d
ppor mg a a ac e : 'War :
Amount: $155,422.00
5030
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Source: 1984 Bond Act and State
Finance: /,)tI!!J.
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FUNDING REQUIREMENTS:
Council Notes:
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CIN OF SAN BERNARDbd) -REQUbdT FOR COUNCIL ACl"iON
RESOLUTION AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH FLORIAN MARTINEZ
ASSOCIATES FOR LANDSCAPE ARCHITECTURAL
SERVICES FOR PHASE IB CONSTRUCTION OF
SECCOMBE LAKE SURA.
STAFF REPORT
The City has received the approval from State offices and a fully executed
copy of the Development Agreement for completing Phase IB of the Seccombe
Lake Park project. The Parks, Recreation and Community Services Department
and the Engineering Division staffs have reviewed architectural consultant
proposals and recommend that Florian Martinez Associates, the firm that has
designed the master plan and all other construction phases, be engaged to
continue on the project and revise the working drawings and specifications
to complete construction of the park in Phase lB.
The original plan for Phase IB must be revised because the total property
acquisition for that phase was not realized. Therefore, the scope of the
project must be reduced. In addition, the Development Agreement outlines
the scope of development for which funds have been allocated and the plans
must reflect the Development Agreement.
Florian Martinez Associates, upon approval of this agreement, will begin
work during the latter part of September. It is anticipated that a bid
package will be ready by December with construction beginning in late January
or early February, 1988. With this time schedule, it is estimated that the
park will be completed and ready for opening to the public by October of 1988.
August 25, 1987
75-0264
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH FLORIAN MARTINEZ ASSOCIATES
3 RELATING TO LANDSCAPE ARCHITECTURAL SERVICES FOR THE PHASE lB
AREA OF SECCOMBE LAKE STATE PARK.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OP SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement with Florian Martinez Associates relating to
9 landscape architectural services for the Phase lB area of
10 Seccombe Lake State Park, a copy of which is attached hereto,
11 marked Exhibit "A" and incorporated herein by reference as fully
12 as though set forth at length.
13 I HEREBY CERTIPY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a
meeting thereof, held
16 on the
day of
, 1987, by the
17 following vote, to wit:
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AYES:
Council Members
NAYS:
ABSENT :
City Clerk
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The foregoing resolution is hereby approved this
, 1987.
day
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Mayor of the City of San Bernardino
5 Approved as to form and legal content:
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1 AGREEMENT
2 (Landscape Architectural Services)
3 THIS AGREEMENT is made and entered into this day of
4 , 1987, by and between the CITY OF SAN
5 BERNARDINO, a municipal corporation, herein referred to as
6 "City", and FLORIAN MARTINEZ ASSOCIATES, a corporation, referred
7 to as "Architect".
8 The parties agree as follows:
9 1. Recitals.
10 (a) City proposes to revise previously prepared
11 construction plans for the phase lB area of Seccombe Lake State
12 Park, hereinafter referred to as the "Park".
13 (b) City is desirous of securing the services of a
14 professional landscape architect to accomplish such revision.
15 (c) Architect represents that Plorian Martinez
16 Associates are qualified and licensed landscape architects, and
17 are qualified to do such work.
18 (dl The value of this contract shall not exceed One
19 Hundred Fifty-Pive Thousand Pour Hundred Twenty-Two Dollars and
20 no cents ($155,422.00).
21 (e) This Agreement shall terminate one year and six
22 months following date of execution unless extended by mutual
23 written agreement of the parties.
24 2. Puroose of Contract. City employs Architect for the
25 purpose of site development planning, preparation of construction
26 drawings and specifications for development, construction,
27 coordination and observation for the work described herein.
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1 Architect will be compensated as provided herein, and Architect
2 accepts employment upon the terms specified herein.
3 3. Services to bePeIt9~m~q, bY C~ty.
4 (a) City shall furnish Architect with information
5 regarding its requirements for the project, including its budget,
6 recreation priorities and processing schedules.
7 (b) City shall furnish soil tests, record survey of
8 site boundaries, as-built drawings for all work previously
9 completed as a part of phase lA and lB, and reports as required
10 by law or this contract and such other reports or documents
11 applicable to the Park as City may possess.
12 (c) City shall provide all available plans for
13 streets and utilities which are adjacent to the Park.
14 1. Architect shall utilize existing site
15 survey and topographic information regarding the Park. City
16 agrees to accept accuracy of said documents.
17 (d) The information and reports provided pursuant to
18 subparagraphs (b) and (c) shall be furnished at City's expense.
19 (e) City shall, through its Public Works Department
20 and, in its sole discretion, designate a representative (Project
21 Manager) authorized to act in its behalf with respect to the
22 Project and who shall have the responsibility to administer the
23 construction contract. City, through its Project Manager, shall
24 examine documents submitted by Architect and render decisions
25 pertaining thereto in such manner as to avoid unreasonable delay
26 in the progress of Architect's work.
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1 (f) City shall assume the burden of initiating and
2 maintaining consultation with representatives of the State of
3 California to obtain the State's concurrence in the solution to
4 design problems encountered in carrying out this agreement. City
5 shall secure the appointment of a Project Manager by the State of
6 California Departments of Parks and Recreation, who will meet
7 with Architect and City's Project Manager on a continuous basis
8 to ensure that the State's concerns are recognized on a timely
9 basis.
10 (g) It shall be the City's responsibility to secure
11 progress and final approvals from all public agencies, including
12 the State of California, having review and approval authority
13 over the Project. City represents to Architect that City
14 approval given during any phase of the design constitutes
15 approval by all other public agencies, including the State of
16 California. Any changes required to be made to the plans, after
17 such approval is given, shall entitle Architect to bill City
18 hourly, at the rate specified in Paragraph 6, Subparagraph (b) of
19 this agreement, for cost of additional services related to such
20 change.
21 4. Services to be Performed bv Architect.
22 Basic Services Defined
23 Architect's basic services shall consist of the steps
24 described below and shall include all site architecture,
25 irrigation, planting, civil, mechanical and electrical.
26 engineering services required for the completion of each step.
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1 (A) Step One - Preparation of a revised Site Plan and
2 Preliminary Opinion of Probable Construction Cost.
S 1. Architect shall consult with Project Manager to
4 ascertain the program requirements of the project and shall
5 confirm such requirements with Project Manager.
6 2. Architect shall prepare preliminary plans showing
7 the location of specific improvements and their relationship to
8 each other, and prepare preliminary cost opinions of probable
9 construction costs based on the approved Phase lB revised master
10 plan.
11 3. Architect agrees to attend and be present at all
12 meetings, including public meetings held by City, other than
13 committee or staff meetings, as determined by City for
14 presentation of plans and drawings as part of its Basic Services
15 described in this paragraph.
16 4. Architect recognizes that the project is funded
17 by the State of California. State has retained the right to
18 final concurrence in solutions to design problems encountered in
19 carrying out this contract. Architect agrees to consult with
20 Project Manager continuously to the end that such State
21 concurrence is obtained as is necessary at each stage of design.
22 5. Architect shall, at its own expense, employ State
23 licensed building architects, civil, mechanical, and electrical
24 engineers, where required by State law. Such architects, civil,
25 mechanical, and electrical engineers shall be capable of
26 performing the same level of duties and responsibilities and
27 shall have the same level of ability in the skill or profession
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1 which they practice as has Architect. Architect shall have the
2 same responsibilities and liabilities for the acts of these
3 employees, or consultants, as it has for the acts of its own
4 employees.
5 (B) Step Two - Preparation of Working Drawings and
6 Contract Documents.
7 1. Architect shall prepare all necessary working
8 drawings and contract specification documents. These papers
9 shall be based on the approved revised design plans and shall
10 otherwise be as required by the established scope of the project
11 and shall be to the satisfaction of Project Manager. The working
12 drawings shall include but need not be limited to the following:
13 (a) rough and finish grading and drainage
14 plans and details
15 (b) site construction/staking plans and
16 details
17 (c) electrical, gas and lighting systems
18 plans and details
19 (d) irrigation plans and details
20 (e) landscape planting plans and details
21 (f) park structure plans and details
22 (g) play equipment plans and details
23 (h) domestic water system plans and details
24 (i) architectural plans and details as
25 follows:
26 (i) correct existing plans for
27 Little League concession toilet
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facility to provide separate
concession and storage areas
for two leagues involved, building
footprint and roof structure to
remain same
(ii) provide previously designed
and approved restroom building to
be located adjacent to the north-
west parking area with a decrease
in the number of fixtures from the
number previously shown
(iii) conversion of a portion of the
Parks, Recreation and Community
Services Department office building
into a recreation activity
facility. Fee of $8,625.00 for
this portion of work is based on an
estimated construction cost of
$75,000. Should construction cost
identified be exceeded, fee shall
be negotiated.
2. Said working drawings, contract documents and
23 probable final construction cost opinions shall be presented to
24 City within the time limits set forth in Paragraph 16 for review
25 and approval.
26 3. Architect agrees that all plans (preliminary
27 design and final working drawings) shall conform to the approved
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1 development Agreement for Phase lIb) of this Park. Architect
2 shall work within the monetary limits of the funds available for
3 development of the Park project. City shall define Park Budget
4 in writing prior to Architect starting working drawings.
5 Architect shall prepare working drawings in such a way that
6 alternatives or alternate proposals are available to provide
7 flexibility in the bidding procedure. Such drawings shall
8 facilitate a system of construction bids which will provide the
9 optimum utilization of construction funds available to City.
10 4. Architect shall prepare the bid package and all
11 necessary documents for securing bids from construction
12 contractors. Necessary documents shall include, but may not be
13 limited to, technical specifications and all drawings and
14 specifications, notices, instructions to bidders, and bid forms.
15 All documents shall be prepared to the satisfaction of the
16 Project Manager.
17 (A) Architect shall utilize and adopt by
18 reference the Standard Specifications for Public Works
19 Construction, 1985 Edition, including the provision for
20 resolution of disputes arising hereunder, except that contract
21 plans and specifications set forth herein shall govern where
22 there is a contradiction.
23 (B) City shall receive, review, approve, and
24 submit all bid documents to interested contractors and shall
25 receive all sealed bid proposals as in any other public works
26 contract.
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1 (C) Architect shall provide assistance
2 throughout the bidding process by answering questions, preparing
3 addenda as needed and making clarification in specifications,
4 drawings or details.
5 (D) City shall open, review and award the
6 successful bid.
7 (E) Architect shall provide assistance in
8 reviewing bids, evaluating proposals, and make a written report
9 and recommendation to City regarding the selection of the
10 successful bidder, with the understanding that final selection of
11 the successful bidder shall remain with City.
12 (C) Step Three - Field Observation
13 (1) During the period of Phase lB facilities
14 construction, Architect shall provide the following services:
15 a. Site observation of construction not less
16 often than once each week during the period of construction to
17 determine if the plans and specifications are being followed;
18 b. Coordinate with contractor and Project
19 Manager any and all changes and corrections in work. City is to
20 obtain from contractor an accurate and complete set of record
21 drawings for use by Architect.
22 c. Verify that contractor provides Project
23 Manager with field verification of construction plans (record
24 drawings), including, but not limited to, the following:
25 (i) Site grading, including walkways
26 and facility locations
27 (ii) Drainage, sewer and water facilities
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6 shall not be responsible for construction staking as part of this
7 contract. Project Manager shall secure from the construction
8 contractor a construction progress schedule and provide a copy of
9 same to Architect. Architect shall be responsible for any other
10 services necessary to the start of construction. Architect shall
11 attend a pre-job meeting with Project Manager and contractor.
12 (3) During construction, Architect shall provide
18 consultation and advice to Project Manager and the construction
14 contractor and shall make at least once-a-week visits to the job
15 site to keep thoroughly familiar with construction progress.
16 Architect shall notify Project Manager at least 24 hours before
17 any visit to the construction site.
18 (4) City through its Project Manager shall have
19 authority to reject any work of Contractor which does not conform
20 to the Contract Documents.
21 (5) Architect shall prepare change orders requested
22 by Project Manager. Any additional services rendered by
23 Architect pursuant to such change orders must first be authorized
24 by City in accordance with Paragraph 5 Subparagraph (a). Change
25 orders which the Project Manager in the exercise of his sole
26 discretion, determine are required to clarify plans and
27 specifications contained in the Contract Documents or errors and
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(iii) Irrigation system
(iv) Electrical and gas system
(v) Lighting systems
(vi) Site structures
(2) Upon award of a construction contract, Architect
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1 omissions in any plans and specifications shall not be
2 considered extra work.
3 (6) Only Project Manager shall have the authority
4 to stop the work whenever such action is deemed necessary to
5 secure fulfillment of the requirements of the contract.
6 (7) Architect shall act in good faith to guard City
7 against defects and deficiencies in the work of the contractor,
8 but does not guarantee performance of the work of the contractor.
9 (8) Architect shall at all times have access to the
10 work of the construction contractor and shall be furnished with
11 every reasonable facility for ascertaining full knowledge
12 respecting the progress, workmanship and character of materials
13 used and employed in such work.
14 (9) During the period of construction, Architect
15 shall furnish such written memoranda as are necessary to clarify
16 the intent of the original drawings and specifications, or to
17 correct omissions therefrom, and shall check and accept all shop
18 drawings and technical data submitted by the contractor, through
19 the project manager indicating thereon all errors, omissions and
20 deviations from the working drawing and any required correction.
21 (10) Architect, with the concurrence of Project
22 Manager, shall decide all questions as to the intent and meaning
23 of the plans and specifications.
241 (11) Architect shall conduct job site visitations
25 with respect to preparation of correction lists, to determine the
26 dates of substantial completion, and to determine dates of final
27 completion of the construction.
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1 (12) Based on observations at the site and on the
2 contractor's Application for Payment, Architect shall determine
3 the amount owing to the contractor and shall consult with Project
4 Manager verifying payments due.
S (a) Such invoice approval for payments shall
6 constitute a representation by Architect to City that
7 the work has progressed to the point indicatedr
8 that to the best of Architect's knowledge,
9 information and belief, the quality of work is
10 in accordance with the Contract Documentsr and
11 that the contractor is entitled to payment for the
12 amount invoiced.
13 (b) In approving invoices for payment, Architect
14 shall not be deemed to represent that it has made
15 exhaustive or continuous on-site inspection to check
16 the quality or quantity of the work, that it has
17 reviewed the construction means, techniques,
18 sequences or procedures, or that it has made any
19 examination to ascertain how and for what purpose
20 the contractor has used the monies paid on account
21 of the Contract.
22 (13) At the time of completion of the construction,
23 Architect shall make a declaration to City that the true intent
24 of the plans, specifications, and approved change orders have
25 been fulfilled, and that to the best of Architect's knowledge,
26 the specified materials and quality of workmanship have been used
27 throughout the Park project.
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1 (14) Statement of Probable Construction Cost and
2 Detailed Cost Opinions prepared by Architect represent its best
3 judgment as a design professional familiar with the construction
4 industry. It is recognized, however, that neither Architect nor
5 City has any control over the cost of labor, materials, or
6 equipment I over the contractor's methods of determining bid
7 prices I or over competitive bidding or market conditions.
8 AcCordingly, Architect does guarantee that the lowest responsible
9 bid will not differ from any statement of Probable Construction
10 Costs or other cost opinion prepared by it by more than 10% if
11 the bid is advertised no more than ninety (90) days following
12 date of presentation of such costs to the city. Where such costs
13 exceed 10% the City shall be entitled to take such action as is
14 set forth at Section 16, immediately below.
15 (15) Architect shall be permitted to determine what
16 materials, equipment, component systems and types of
17 construction are to be included in the Contract Documents, and at
18 the request of City shall make reasonable adjustments in the
19 scope of the Project to bring it within the limit of the sums
20 available for the work.
21 (16) (A) If the lowest responsible bid exceeds the
22 Detail Cost Opinion, or the Statement of Probable Construction
23 Cost by ten percent (10%), or if the Detail Cost Opinion or the
24 Statement of Probable Construction Cost exceeds any fixed limit
25 of Construction Cost which the City may establish in its sole
26 discretion, by ten percent (10%), City may at its discretion
27 either:
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(1) give written approval of an increase in
2 such fixed limit1
3 (2) authorize rebidding the Project within a
4 reasonable time; or
5 (3) cooperate with Architect in revising the
6 Project scope and quality as required to reduce the Probable
7 Construction Cost.
8 (B) In the case of alternative (3) immediately
9 above, Architect, without additional charges for time required to
10 make necessary modifications to the drawings and specifications,
11 except for reproduction and miscellaneous out-of-pocket direct
12 expenses, shall modify the Drawings and Specifications as
13 necessary to bring the Construction Cost within the fixed limit.
14 5. AdditiQng~.Services bv Architect
15 (a) No extra services shall be rendered by Architect
16 unless such services shall be first authorized in writing by
17 Project Manager, and funds have been appropriated for such
18 additional services.
19 (b) In the event that City, after approval of
20 drawings, orders a change in said plans, then Architect shall be
21 paid an additional fee in accordance with Paragraph 6
22 Subparagraph (b) of this Agreement for the extra work caused
23 thereby. In the event that the Project Manager in the exercise
24 of his sole discretion determines that such required changes,
25 including errors of and omissions from the plans and
26 specifications, are a result of Architect's failure to comply
27 with Paragraph 4, no additional fee shall be paid.
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1 (c) Additional services to be provided, when
2 authorized by Project Manager, may include but are not limited to
3 revising previously approved plans and cost opinions to
4 accomplish changes or additions requested by City other than
5 those required to reduce probable construction cost, or those
6 required to correct errors of and omissions from the plans and
7 specifications.
8 6. Compensation of Architect.
9 (A) Notwithstanding any other provisions of this
10 Agreement, the amount to be paid by City to Architect for Steps
11 One, Two and Three shall be a total of $155,422.00.
12 (B) Should City request design work that increases the
13 project budget or the original Basic Services defined by
14 Paragraph 4 of this Agreement, an additional fee based upon
15 standard hourly rate shall be paid to Architect, to be determined
16 in accordance with Paragraph 6 Subparagraph (D).
17 (C) Payments for Steps One, Two and Three. Progress
18 payment statements shall be submitted to the Project Manager by
19 Architect on a monthly basis. Payment statements shall be based
20 upon the following schedule:
21 (1) Upon completion, submittal and acceptance of the
22 Preliminary Design Plans, under Step One, a lump sum payment
23 shall be made, that shall amount to 35% of the total fee due
24 hereunder.
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(2) Upon completion, submittal and acceptance of
Working Drawings and Contract Documents and the submission of the
basic Bid Package contemplated under Step Two, an additional lump
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1 sum payment shall be made, equal to 50% of the total fee due
2 hereunder.
S (3) Upon completion of construction and acceptance
4 of work from the contractor as contemplated in Step Three, an
5 additional lump sum payment shall be made, equal to 5% of the
6 total estimated fee due hereunder.
7 (4) Payments shall not at any time exceed the
8 maximum percentage and fees identified for each phase of
9 completion in the budget documents. Statements are due and
10 payable within thirty (30) days of invoice date.
11 Retention payment of 10% of total fee shall be payable to
12 Architect thirty-five (35) calendar days after filing of the
13 Notice of Project Completion and acceptance of the project by
14 City.
15 Reimbursable expenses shall be paid in accordance with
16 Subparagraph (f) below.
17 (0) Should Architect perform additional services, as
18 provided in Paragraph 5, the value of said services shall be
19 calculated as follows:
20 Compensation for additional services shall be on an hourly
21 basis at the following rates for total time spent plus materials
22 and reimbursable expenses, and shall be paid upon presentation of
23 detailed statement to the Project Manager:
24 Prevailinq Hourlv Rates:
25 Principal
26 Snr. Landscape Architect
27 Landscape Architect
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$lOO.OO/hr
75.00/hr
65.00/hr
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Field Inspector 75.00/hr
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2 Designers 55.00/hr
Draftsman 45.00/hr
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Clerical 35.00/hr
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5 These hourly rates shall be adjusted upward 6% annually on
6 the contract anniversary date.
7 (El Reimbursable Expenses. Reimbursable expenses are in
addition to the fees for basic and additional services and
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9 include actual expenditures made by Architect and its employees
10 for incidental expenses. Project Manager shall describe what
11 constitutes allowable incidental expense. No reimbursable
12 expenses shall be incurred by Architect nor billed to City
13 without prior written approval of the Project Manager.
14 (Pl Payment for Additional Services and Reimbursable
15 Expenses. Payment of Additional Services of Architect as defined
16 in Paragraph 5, and for Reimbursable Expenses as defined in
17 Paragraph 6 Subparagraph (E), shall be made only upon
18 presentation of Architects' detailed statement of services
19 rendered. Such statement shall contain a breakdown of services
20 performed, specifying the services performed by dates and number
21 of hours by each class of personnel, together with an
22 itemization of Reimbursable Expense incurred during the preceding
23 month. Payment shall be at actual invoice cost. All invoices
24 shall be processed through the Project Manager of this project.
25 The statement shall be verified by the Architect.
26 7. Suspension or Abandonment of Proiect.
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1 (a) City may unilaterally and without cause,
2 determine to suspend indefinitely or abandon all construction of
3 the Park project and may require Architect to suspend or abandon
4 the performance of its services. City may also determine to
5 suspend or abandon such work for cause as set forth in Paragraph
6 8.
7 (b) If City decides to terminate this Agreement,
8 there shall be due and payable within thirty-five days after
9 notice has been given to Architect of said suspension or
10 abandonment or termination of this Agreement, a sum of money
11 sufficient to compensate Architect for that portion of the work
12 required hereunder which has been completed as of the time of
13 said suspension or termination. Architect shall also receive an
14 amount in compensation for any reimbursable expenses and for
15 completed extra work which was previously approved as required
16 herein and for which compensation has not been paid and which
17 sums are not in dispute as of the date of termination, suspension
18 or abandonment.
19 (C) City may determine that a portion of the work involved
20 in the Park project shall be suspended or abandoned. Such
21 suspension or abandonment of a portion of the project shall not
22 make void or invalidate the remaining parts of this Agreement,
23 and shall not relieve Architect of the obligation to perform any
24 remaining duties. Compensation for the terminated or abandoned
25 portion shall be paid as described in Subparagraph (B)
26 immediately above.
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1 (D) Upon the occurrence of any suspension, abandonment or
2 termination hereunder, City shall be entitled to possession of
3 those documents of Architect, under the terms for compensation,
4 set forth in section 8(B) hereof.
5 8. Termination of Aqreement.
6 (Al If, in the opinion of City, Architect fails to perform
7 or provide prompt, efficient and thorough service, or if
8 Architect fails to complete the several portions of its work
9 within the time limits provided, City shall have the right to
10 terminate this Agreement.
11 (Bl At the time of any such termination, City shall be
12 entitled to possession of Architect's studies, sketches,
13 drawings, computations, plans and specifications, and all other
14 documentation needed to continue this contract, insofar as they
15 are completed and acceptable to City, and to pay Architect for
16 same in accordance with the provisions in Paragraph 7
17 Subparagraph (B).
18 9. City Desiqn Standards
19 Architect shall be governed by the standards adopted by
20 City with respect to architectural details and specifications as
21 provided to Architect in writing by the Project Manager.
22 10. Ownership and Reproduction of Documents.
23 (A) The Preliminary Design Plans and all preliminary
24 sketches, renderings, working drawings including details,
25 computations, specifications, record drawings and other documents
26 prepared or provided by Architect under this Agreement shall be
27 the property of City. Architect does not assume any professional
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1 responsibility or liability for use of the drawings or
2 specifications at any location other than this particular project
3 site. City will indemnify and hold Architect harmless for any
4 error and/or omissions arising out of the use of the drawings and
specifications at any other location and will be responsible for
defending Architect from any third party actions because of such
use.
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8 (B) Architect shall provide and pay for the necessary
9 reproduction of all drawings and specifications (internal prints)
10 for its use during the preparation of the work. Such costs shall
11 not be an incidental or reimbursable cost except as otherwise
12 specifically provided herein.
13 (C) Architect shall provide and pay for three sets of
14 plans and specifications at 50% plan check submittal and an
15 additional three sets of plans and specifications at 100% plan
16 check submittal to City. Additional sets required will be
17 billed to City as a reimbursable expense at invoice cost.
18 (D) City shall provide and pay for the necessary
19 reproduction of the plans, working drawings, computations, and
20 specifications for the purpose of bid sets for construction.
21 (E) Architect shall provide and pay for one set of plans
22 on mylar for use by City in making reproductions of the plans for
23 construction bidding purposes and for permanent record.
24 (P) Architect shall not permit reproduction to be made of
25 the preliminary sketches, preliminary plans, working drawings,
26 specifications and full size details except upon the order of, or
27 with the written consent of the Project Manager. Architect
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1 reserves the right to make use of the above items for purpose of
2'ublic relations portfolio, and parts thereof for Architect's
3 future design work. Architect shall not allow construction
4 contractors or other interested parties to use or take from its
5 office copies of the drawings or specifications without first
6 obtaining Project Manager's written approval therefor.
7 11. Argp~tect's Account Records. Records of Architect's
8 Direct Personnel, Consultant and Reimbursable Expenses to the
9 project, and records of accounts between City and Architect,
10 shall be kept using generally acceptable accounting principles
11 and shall be available to City during Architect's regular
12 business hours upon receipt of 24 hours' notice to inspect such
13 records by an agent of the City.
14 12. Independent Contractor. Architect is and shall at all
15 times remain as to City a wholly independent contractor. Neither
16 City nor any of its agents shall have control over the conduct of
17 Architect or any of Architect's employees, agents, or
18 subcontractors. Architect shall not at any time or in any manner
19 represent that it or any of its agents, employees or
20 subcontractors are in any manner agents or employees of City.
21 13. Leaal Responsibilities.
22 (a) Architect shall keep itself informed of State
23 and pederal laws and county and municipal ordinances and
24 regulations which in any manner affect those employed by it or
25 in any way affect the performance of its services pursuant to
26 this Agreement. Architect shall at all times observe and comply
27 with all such laws, ordinances, and regulations and if required,
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1 shall maintain a business license to operate within the City of
2 San Bernardino.
3 (b) Architect agrees that in the performance of the
4 terms of this Agreement, no discrimination shall be made in the
5 employment of persons because of sex, race, color, national
6 origin or ancestry, or religion of such person. A violation of
7 this provision will subject Architect to all of the penalties
8 imposed by law.
9 (c) Architect shall comply with all of the
10 provisions of the Workers' Compensation Insurance and Safety Acts
11 of the State of California, the applicable provisions of Division
12 4 and 5 of the California Labor Code and all amendments thereto;
13 and all similar State or pederal acts or laws applicable. Before
14 commencement of this contract Architect shall provide to City's
15 Risk Management Department evidence of its ability to meet its
16 obligation under the Workers' Compensation laws of the State of
17 California.
18 14. Notice. Whenever it shall be necessary for either
19 party to serve notice on the other respecting this Agreement,
20 such notice shall be served by registered mail, return receipt
21 requested, addressed to the Project Manager of the City of San
22 Bernardino, with a copy to the City Clerk and City Attorney for
23 all copies of notices to City and, to Architect, Plorian Martinez
24 Associates for all notices to Architect, at the addresses listed
25 below. Such addresses shall be used unless and until different
26 addresses may be furnished in writing by either party to the
27 other. Such notice shall be deemed to have been served seventy-
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two (72) hours after the same has been deposited in the United
1
2 States Post Office by registered mail.
3
4
5
6
7
8
9
This shall be valid and
sufficient service of notice for all purposes.
ARCHITECT
CITY
Annie Ramos, Director
Parks, Recreation and Community
Services
547 North Sierra Way
San Bernardino, CA 92401
Plorian Martinez Associates
15641 Red Hill Ave. Ste. 205
Tustin, CA 92680-7383
City Clerk
300 North "D" Street, 2nd
San Bernardino, CA 92418
Floor
10 City Attorney
300 North "D" Street, Rm 668
11 San Bernardino, CA 92418
12
15.
Successors and Assigns.
City and Architect each binds
13 itself, its partners, successors, and assigns, and legal
14 representatives to the other party to this Agreement and to the
15 partners, successors, and assigns, and legal representatives of
16 such other party with respect to all covenants of this Agreement.
17 Neither City nor Architect shall assign, sublet, or transfer its
18 interest in this Agreement without written consent of the other.
19 16. Completion Dates 9P9, ~~pj~~tj9P.
20 (a) Architect agrees to complete and submit all
21 plans, working drawings and contract documents within ninety (90)
22 days (time for City review excluded), or as established by mutual
23 agreement between Architect and Project Manager, after the
24 execution of this Agreement.
25
(b) After submission, and review by City, if there
26 are corrections to be made or modifications to the plans or
27 specifications, Architect shall complete and resubmit said
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1 corrected or revised plans or specifications within thirty (30)
2 working days of receipt of said plans and specifications with
3 request for correction in writing, from City.
4 (c) (1) It is anticipated that construction will
5 commence on or about ninety (90) days after final approval of all
6 plans and specifications and shall be carried through to
7 completion within approximately twelve (12) months. Should
8 economic or other considerations make it necessary to conduct the
9 work in phases or if certain items of the plans are permanently
10 deleted, Architect shall observe those portions of the
11 construction which are carried out within the limits of this
12 Agreement.
13 (2) When work is deleted, Architect shall receive
14 an adjusted fee for its services. Said adjustment shall be
15 calculated by first determining by means of negotiations between
16 Architect and City, the proportion of the project which has been
17 deleted and which remains. That percentage which remains shall
18 be multiplied by the amount of money budgeted for the portions of
19 the project in dispute. The product of that multiplication shall
20 be the adjusted fee. Architect shall receive no fee for the
21 proportion of the project which has been deleted, even if deleted
22 work is completed at some future time by City.
23 17. Use of State Licensed Consultants. In the event
24 Architect utilizes the services of consultants to prepare any
25 portion of the preliminary or final plans, specifications or
26 drawings, said consultants shall be fully and properly licensed
27 by the State of California for the particular skill or profession
28 for which they are employed.
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1 18. Communitv Development Block Grant Consultant Proposal
2 and Contract Reauirements.
3 (a) Equal Opportunity. During the performance of
4 this contract, Architect agrees as follows:
5 (1) Architect will not discriminate against any
6 employee or applicant for employment because of race, color,
7 religion, sex, handicap, or national origin. Architect will take
8 affirmative action to ensure that applicants are employed, and
9 that employees are treated during employment without regard to
10 their race, color, religion, sex, handicap, or national origin.
11 Such action shall include, but not be limited to, the following:
12 employment, upgrading, demotion or transfer, recruitment or
13 recruitment advertising; layoff or termination; rates of payor
14 other forms of compensation; and selection for training,
15 including apprenticeship. Architect agrees to post in
16 conspicuous places, available to employees and applicants for
17 employment, notices to be provided by City, setting forth the
18 provisions of this Equal Opportunity clause.
19 (2) Architect will, in all solicitations or
20 advertisement for employees placed by or on behalf of the
21 contractor, state that all qualified applicants will receive
22 consideration for employment without regard to race, color,
23 religion, sex, handicap, or national origin.
24 (3) Architect will send to each labor union or
25 representative of workers with which he has a collective
26 bargaining agreement or other contact or understanding, a notice,
27 to be provided by the agency contracting officer, advising the
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1 labor union or workers' representative of Architect's commitments
2 under this Equal Opportunity clause, and shall post copies of the
3 notice in conspicuous places available to employees and
4 applicants for employment.
5 (4) Architect will comply with all provisions of
6 Executive Order No. 11246 of September 24, 1965, and of the
7 rules, regulations and relevant orders of the Secretary of Labor.
8 (5) If requested, Architect will furnish all
9 information and reports required by Executive Order No. 11246 of
10 September 24, 1965, and by the rules, regulations and orders of
11 the Secretary of Labor, pursuant thereto, and will permit access
12 to his books, records, and accounts by City and the Secretary of
13 Labor for purposes of investigation to ascertain compliance with
14 such rules, regulations and orders.
15 (6) In the event of Architect's noncompliance with
16 the Equal Opportunity clause of this contract or with any of the
17 said rules, regulations or orders, this contract may be canceled,
18 may be declared ineligible for further Government contracts in
19 accordance with procedures authorized in Executive Order No.
20 11246 of September 24, 1965, and such other sanctions as may be
21 imposed and remedies invoked as provided in Executive Order No.
22 11246 of September 24, 1965, or by rule, regulation or order of
23 the Secretary of Labor, or as otherwise provided by law.
24 (7) Architect will include the provisions of
25 subparagraphs (1) through (7) in every subcontract or purchase
26 order unless exempted by rules, regulations or orders of the
27 Secretary of Labor issued pursuant to Section 204 of Executive
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1 Order No. 11246 of September 24, 1965, so that such provisions
2 will be binding upon each subcontractor or vendor. Architect
3 will take such action with respect to any subcontract or purchase
4 order as City may direct as a means of enforcing such
5 provisions, including sanctions for noncompliance. Provided,
6 however, that in the event Architect becomes involved in, or is
7 threatened with, litigation with a subcontractor or vendor as a
8 result of such direction by City, Architect may request the State
9 of California to enter into such litigation to protect the
10 interests of the State of California.
11 (b) Access to Records and Right to Audit.
12 (1) Architect agrees that the State of California
13 and the City of San Bernardino or their duly authorized
14 representatives shall, until the expiration of three years after
15 final payment under this contract, have access to and the right
16 to examine any books, documents, papers, and records of the
17 Architect involving transactions related to this contract.
18 (2) Architect further agrees to require all
19 subcontractors under this contract, if any, to agree to the
20 "access of records and right to audit" clause as provided in
21 Subparagraph (b) (1) above, for subcontracts in excess of
22 $1,500.00.
23 (c)
24
25
26
27
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Code of Conduct and Open Competition.
(1) Architect shall maintain a code or standards of
conduct which shall govern the performance of its officers,
employees or agents in contracting for the expending of State
grant funds. Architect's and consultant's officer's employees or
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1 agents, shall neither solicit nor accept gratuities, favors, or
2 anything of monetary value from contractors or potential
3 contractors. To the extent permissible by State or local law,
4 rules or regulations, such standards shall provide for penalties,
5 sanctions, or other disciplinary actions to be applied for
6 violations of such standards by either the Architect's officers,
7 employees or agents, or by contractors or their agents.
8 (2) All procurement transactions, regardless of
9 whether negotiated or advertised and without regard to dollar
10 value, shall be conducted in a manner sO as to provide maximum
11 open and free competition. City and Architect should be alert to
12 organizational conflicts of interest or noncompetitive practices
13 among contractors which may restrict or eliminate competition or
14 otherwise restrain trade.
15 (d) Maintenance of Records. All required records shall be
16 maintained until an audit is completed and all questions arising
17 therefrom are resolved, or three years after completion of the
18 project, whichever is sooner.
19 19. Entire Aareement. This Agreement and any documents or
20 instrument attached hereto or referred to herein integrate all
21 terms and conditions mentioned herein or incidental hereto, and
22 supersede all negotiations and prior writing in respect to the
23 subject matter hereof. In the event of conflict between the
24 terms, conditions or provisions of this Agreement, and any such
25 document or instrument, the terms and conditions of this
26 Agreement shall prevail.
27
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20. Effective Date. This Agreement shall be effective
2 from and after the date it is signed by the representatives of
3 City.
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5
6
7
8
9
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the date and year first above written.
ATTEST:
10 City Clerk
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15 Approved as to form
16 and legal content:
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18 <;.ity Attorney
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CITY OF SAN BERNARDINO
By
Mayor
FLORIAN MARTINEZ ASSOCIATES,
a Corporation
By
Title