HomeMy WebLinkAbout1983-004
1
RESOLUTION NO. 83-4
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 SECCOMBE LAKE
PARK.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
SECTION l. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 Agreement with Florian/Martinez Associates relating to landscape
9 architectural services for Seccombe Lake Park, a copy of which is
10 attached hereto, marked Exhibit "A" and incorporated herein by
11 reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14
15
Special
meeting thereof, held
Bernardino at a
l4th day of
January
, 1983, by the following
on the
16 vote, to wit:
17
Council Members Reilly, Hernandez, "arks
AYES:
18
19
Quiel, Hobbs, Strickler
NAYS:
None
20
ABSENT:
None
21
22
23
y-~;tW~/
/ City Clerk
The foregoing resolution is hereby approved this l4th day
24
of
lJanuarv
, 1983.
25
26
27
Approved as to form:
~p2~~,9'
City torney
Pro Tempo
28
1
A G R E E MEN T
2
(landscape architectural services)
3
--,
// \
4
5
THIS AGREEMENT is made and entered into this /'~~ day of
~ ~L~ ' 1983, by and between the CITY OF SAN BERNARDINO,
a ~nici~al corporation, referred to as "CITY", and FLORIAN/
MARTINEZ ASSOCIATES, a partnership, referred to as "ARCHITECT".
6
7
The parties agree as follows:
8
1. Recitals.
9
(a) CITY proposed to develop Seccombe Lake Park,
10 hereinafter referred to as the "PARK".
11
(b) CITY is desirous of securing the services of a
12 professional landscape architect.
13
(c) ARCHITECT represents that Wayne M. Florian, partner,
14 is a qualified and licensed landscape architect, and is qualified
15 to do such work.
16
2. Purpose of Contract. CITY employs ARCHITECT for the pur-
17 pose of site development planning, preparation of construction
18 drawings and specifications for development, construction,
19 coordination and observation for the work described herein.
20 ARCHITECT will be compensated as provided herein, and ARCHITECT
21 accepts employment upon the terms specified herein.
22
23
3. Services to be Performed by CITY.
(a) CITY shall furnish ARCHITECT information regarding
24 its requirements for the project, including its objectives on
25 recreation programs and park maintenance practices.
26
(b) CITY shall furnish soil tests, record survey of site
27 boundaries, and reports as required by law or this contract and
28 such other reports or documents applicable to the PARK which CITY
possesses and which would be helpful to ARCHITECT.
2 (c) ARCHITECT shall provide CITY with accurate and up-to-
3 date survey and topographic information regarding the PARK.
4 (d) CITY shall provide all available street plans and
5 utility plans adjacent to the PARK.
6 (e) The information and reports provided pursuant to
7 subparagraph (b) shall be furnished at CITY'S expense, and shall
8 be verified by ARCHITECT.
9 (f) CITY shall designate, when necessary, a
10 representative (Project Manager) authorized to act in its behalf
11 with respect to the Project. CITY, or its representative, shall
12 examine documents submitted by ARCHITECT and render decisions
13 pertaining thereto promptly, to avoid unreasonable delay in the
]4 progress of ARCHITECT'S work.
15 (g) CITY'S Public Works Director shall designate a
]6 project Manager who shall have the responsibility to administer
17 the construction contract.
18 (h) CITY shall assume the burden of initiating and
19 maintaining consultation with representatives of the State of
20 California for its concurrence in the solution to design problems
21 encountered in carrying out this agreement. CITY shall secure the
22 appointment of a Project Manager by the State of California,
23 Department of Parks and Recreation, who will meet with ARCHITECT
24 and CITY'S Project Manager on a continuous basis to ensure that
25 the State's concerns are recognized on a timely basis.
26 (i) It shall be the CITY'S responsibility to secure
27 progress and final approvals from all public agencies, including
28 the State of California, having review and approval authority over
-2-
I
i
Ithe
Project.
CITY represents to ARCHITECT that CITY approval
2 given during any phase of the design is meant to include a similar
3 approval by all other public agencies, including the State of
4 California, and that any changes required to be made to the plans,
5 after such approval is given, shall entitle ARCHITECT to bill CITY
6 hourly, at the rate specified in Paragraph 6, Subparagraph (b) of
7 this agreement, as additional services for the cost of such
8 change.
9
4. Services to be Performed by ARCHITECT.
10
(a) Basic Services Defined. ARCHITECT'S Basic Services
11 shall consist of the steps described below and shall include site
12 architecture, irrigation, planting, civil, mechanical and
13 electrical engineering services.
14
(b) Step One - Preparation of Site Plans and Preliminary
15 Opinion of Probable Construction Cost.
16
(l) ARCHITECT shall consult with CITY'S
17 representative to ascertain the program requirements of the
18 project and shall confirm such requirements with CITY'S
19 representative.
20
(2) ARCHITECT shall prepare preliminary plans
21 showing the location of specific improvements and their
22 relationship to each other, and prepare preliminary cost opinions
23 of probable construction costs based on the approved first phase
24 master plan.
25
(3) ARCHITECT agrees to attend and be present at
26 all meetings, including public meetings held by CITY, other
27 committee or staff meetings, as determined by CITY for
28 presentation of plans and drawings as part of its Basic Services
-3-
ii
"
il
Ildescribed
in this Paragraph.
(4) ARCHITECT recognizes that the project is funded
2
3
i!
:Iby the State of California, and State has retained the authority
II
Ijof final concurrence in solutions to design problems encountered
II in carrying out this contract, and agrees to consult with State
iland CITY representatives continuously to the end that such
I
I
I concurrence is obtained as necessary at each stage of design.
~I
II (5) ARCHITECT shall, at its own expense, employ
I. State licensed building architects, civil, mechanical, and
i
I ., .
lelectr1cal eng1neers, where requ1red by State law. CITY'S Public
4
5
6
7
8
9
10
11
Works Director shall have final approval for the individuals or
]2 firms so employed. The architects, civil, mechanical, and
]3 electrical engineers shall perform the same duties and have the
14 same responsibilities in their skill or profession in which they
15 are practicing as has ARCHITECT. ARCHITECT shall have the same
16 responsibilities and liabilities for the acts of these employees,
17 or consultants, as it has for its own acts.
18
(c) Step Two - Preparation of Working Drawings and
19 Contract Documents.
20
(1) ARCHITECT shall prepare all necessary working
21 drawings and contract specification documents based on the
22 approved preliminary design plans and as required by the
23 established scope of the project to the satisfaction of CITY. The
working drawings shall include but not be limited to the
24
25
following:
26
a.
Rough and finish grading and drainage
plans and details.
27
b.
Site construction/staking plans and
details.
28
-4-
1
c. Electrical, gas, and lighting systems
plans and details.
2
d. Irrigation plans and details.
3
e. Landscape planting plans and details
4
f. Park structure plans and details.
5
6
g. Play equipment plans and details.
h. Domestic water system plans and details.
7
i. Architectural plans and details.
8
(2) Said working drawings, contract documents and
9
probable final construction cost opinions shall be presented to
10
CITY within the time limits set forth in Paragraph l6 for review
11
12
and approval.
(3 )
ARCHITECT agrees that all plans (preliminary
13
design and final working drawings) shall conform to the approved
14
15
First Phase, Plan "D" of this PARK. ARCHITECT shall work within
the monetary limits of the funds available for development of the
16
17
PARK project. CITY shall define Park Budget in writing prior to
ARCHITECT starting working drawings. ARCHITECT shall prepare
18
19
working drawings in such a way that alternatives or alternate
proposals are available to provide flexibility in the bidding
20
procedure and which will assure a system of construction bids
21
which will facilitate the maximum utilization of construction
22
23
funds available to CITY without exceeding the funds available.
(4 )
ARCHITECT shall prepare the bid package and
24
all necessary documents for securing bids from construction
25
contractors for the construction, including, but not limited to,
26
technical specifications and all drawings and specifications,
27
otices, instruction to bidders, and bid forms to the satisfaction
28
-5-
of CITY. ARCHITECT shall utilize and adopt by reference the
2 Standard Specifications for Public Works Construction, 1976
3 Edition, 1977 Amendment except that contract plans and
4 specifications shall govern where there is a contradiction. CITY
5 shall receive, review, approve, and submit all bid documents to
6 interested contractors and shall receive all sealed bid proposals
7 as in any other public works contract. ARCHITECT shall provide
8 assistance throughout the bidding process by answering questions,
9 preparing addenda as needed and making clarification in
10 specifications, drawings or details. CITY shall open, review, and
II award the successful bid. ARCHITECT shall provide assistance in
12 reviewing bids, evaluating proposals, and make a written report
13 and recommendation to CITY regarding the selection of the
14 successful bidder, with the understanding that final selection of
15 the successful bidder shall remain with CITY.
16 (d) Step Three - Field Observation
17 (1) During the period of Phase 1 facilities
18 construction, ARCHITECT shall provide the following services:
19 a. Site observation construction not less
20 often than once each week during the period of construction to
21 determine if the plans and specifications are being followed.
22 b. Coordinate with contractor all changes and
23 corrections in work, and furnish CITY an accurate and complete set
24 of record drawings before final payment to ARCHITECT by CITY.
25 c. Assure that contractor provides field
26 verification of construction plans (record drawings), including,
27 but not limited to, the following:
28 . . . . .
-6-
1) Site grading, including walkways and
facility locations
2
3
4
5
6
7
8
9 I
10 I ARCHITECT
2) Drainage, sewer and water facilities
3) Irrigation system
4) Electrical and gas system
5) Landscape planting
6) Lighting systems
7) Site structures
(2) Upon award of a construction contract,
shall not be responsible for construction staking as
11 part of this contract. ARCHITECT shall secure from the
12 construction contractor a construction progress schedule designed
13 to insure the timely completion of the project, shall perform all
14 other services necessary to start of construction such as the
15 checking and acceptance of subcontractors and materials to be used
16 by the contractor and shall schedule and attend a pre-job meeting
17 with CITY and contractor.
18
(3) During construction, ARCHITECT shall provide
19 consultation and advice and shall make at least once-a-week visits
20 to the job site to keep thoroughly familiar with construction
21 progress. ARCHITECT will notify CITY'S representative of its
22 pending visits to the construction site.
23
(4) CITY shall have authority to reject work which
24 does not conform to the Contract Documents. ARCHITECT shall
25 prepare change orders requested by CITY, but any additional
26 services rendered by ARCHITECT pursuant to such change orders must
27 first be authorized by CITY in accordance with Paragraph 5
28 Subparagraph (a). Change orders required to clarify contract
-7-
2
I~lans an~ ~pec~fications
land spec:lf:lcat:lons shall
and errors or omissions from the plans
not be considered extra work. ARCHITECT
Iland CITY shall have the authority to stop the work whenever such
jaction is deemed by either of them to be necessary in securing
5 fulfillment of the requirements of the contract. ARCHITECT shall
3
4
6
[endeavor to
work of the
guard CITY against defects and deficiencies in the
7
contractor, but does not guarantee performance of the
8
work of the contractor.
I,
iI
Ii
i!work and shall be furnished with every reasonable facility for
"
:i
jlascertaining full knowledge respecting the progress. workmanship
Ii
and character of materials used and employed in the work.
9
(5)
ARCHITECT shall at all times have access to the
10
11
]2
13
(6)
During the period of construction, ARCHITECT
I
ii
I shall furnish such drawings and written
memoranda as are necessary
14
15
to clarify the intent of the original drawings and specifications,
16
or to correct omissions therefrom, and shall check and accept all
17
shop drawings and technical data submitted by the contractor,
]8
indicating thereon all errors, omissions and deviations from the
19
working drawings and any required correction.
20
(7) ARCHITECT, with the concurrence of CITY, shall
21 decide all questions as to the intent and meaning of the plans and
22 specifications.
23
(8) ARCHITECT shall conduct job site visitations
24 and prepare correction lists to determine the dates of substantial
25 completion and final completion of the construction, shall receive
26 and submit to CITY written guarantees and related documents
27 assembled by the contractor, shall advise CITY as to the final
28 payment to the contractor.
-8-
2
" i
, I
Ii
~
II exhaustive or ::~ti:::::T:::s:::l:i:::sb:or:::::e:h:oq::::ty or
~
'quantity of the work.
3
4
(10) Based on observations at the site and on the
5 contractor's Application for Payment, ARCHITECT shall determine
6 the amount owing to the contractor and shall consult with City
7 verifying payments due. Such invoice approval for payments shall
8 constitute a representation by ARCHITECT to CITY that the work has
9 progressed to the point indicated: that to the best of ARCHITECT'S
10 knowledge, information and belief, the quality of work is in
II accordance with the Contract Documents: and that the contractor is
12 entitled to payment for the amount invoiced. In approving invoice
13 for payment, ARCHITECT shall not be deemed to represent that it
14 has made exhaustive or continuous on-site inspection to check the
15 quality or quantity of the work, that it has reviewed the
16 construction means, techniques, sequences or procedures, or that
17 it has made any examination to ascertain how and for what purpose
18 the contractor has used the monies paid on account of the
19 Contract.
20
(ll) At the time of completion of the construction,
21 ARCHITECT shall make a declaration to CITY that the true intent of
22 the plans, specifications. and approved change orders have been
23 fulfilled, and that to the best of ARCHITECT'S knowledge, the
24 specified materials and quality of workmanship have been used
25 throughout the PARK project.
26
(12) Statement of Probable Construction Cost and
27 Detailed Cost Opinions prepared by ARCHITECT represent its best
28 judgment as a design professional familiar with the construction
-9-
industry. It is recognized, however, that neither ARCHITECT nor
2 CITY has any control over the cost of labor, materials, or
3 equipment: over the contractor's methods of determining bid
4 prices; or over competitive bidding or market conditions.
5 Accordingly, ARCHITECT cannot and does not guarantee that bids
6 will not differ from any statement of Probable Construction Cost
7 or other cost opinion prepared by it.
8 (13) ARCHITECT shall be permitted to determine what
9 materials, equipment, component systems and types of construction
10 are to be included in the Contract Documents, and at the request
11 of CITY shall make reasonable adjustments in the scope of the
12 Project to bring it within the limit of the sums available for the
13 work.
14 (14) If the lowest responsible bid, the Detail Cost
15 Opinion, or the Statement of Probable Construction Cost exceed by
16 ten percent (10%) the fixed limit of Construction Cost, CITY shall
17 (1) give written approval of an increase in such fixed limit, (2)
18 authorize rebidding the Project within a reasonable time, or (3)
19 cooperate in revising the Project scope and quality as required to
20 reduce the Probable Construction Cost. In the case of (3),
21 ARCHITECT, without additional charges for time required to make
22 necessary modifications to the drawings and specifications, except
23 for reproduction and miscellaneous out-of-pocket direct expenses,
24 shall modify the Drawings and Specifications as necessary to bring
25 the Construction Cost within the fixed limit. The providing of
26 this service shall be the limit of ARCHITECT'S responsibility in
27 this regard, and having done so, ARCHITECT shall be entitled to
28 compensation in accordance with this Agreement.
-lO-
-11-
2
~udget or the original Basic Services defined by Paragraph 4 of
~his Agreement, an additional fee based upon standard hourly rate
lhall be paid to ARCHITECT, determined in accordance with
baragraph 6 Subparagraph (b).
3
4
5
(a) Payments for Steps One. Two and Three. Progress
6 payment statements may be submitted by ARCHITECT monthly based upon'
7 the following percentage of completion of the total project; but
8
payments shall
Ilidentifie~ f~r
,IPayable w~ th~n
Ii
not exceed the maximum percentages and fees
9
each phase of completion. Statements are due and
10
thirty days of invoice date.
II
(1) Upon completion, submittal and approval of the
12
Ipreliminary Design Plans, under Step One, a lump sum payment shall
Ibe made, that when added to the monthly payments, shall amount to
i
i135% of the total estimated fee.
'I
II
il (2) Upon completion, submittal and approval of
jl
Ilworking Drawings and Contract Documents and the submission of the
Ibasic Bid Package contemplated under Step Two, an additional lump
13
]4
]5
16
17
18
sum payment shall be made, that when added to the monthly payments
I
and the payments made under Step One, shall amount to 85% of the
19
20
total estimated fee.
2]
(3) Upon completion of construction and acceptance
22 of work from the contractor as contemplated in Step Three, an
23 additional lump sum payment shall be made, that when added to the
24 monthly payments and payments made under Steps One and Two, shall
25 amount to 90% of the total estimated fee.
26 Retention payment of 10% of total fee shall be payable to
27 ARCHITECT 35 calendar days after filing of the Notice of Project
28 Completion and acceptance of the project by CITY.
-12-
1 Reimbursable expenses shall be paid in accordance with
2 Subparagraph (c) below.
3 (b) Should ARCHITECT perform additional services, as
4 provided in Paragraph 5, the value of said services shall be
5 calculated as follows:
6 Compensation for additional services shall be on an hourly
7 basis at the following rates for total time spent plus materials
8 and reimbursable expenses, and shall be paid upon presentation of
9 detailed statement:
10 Prevailing Hourly Rates:
11 principal $65.00
12 Landscape Architect $50.00
13 Field Inspector $60.00
14 Designers $45.00
15 Draftman $40.00
16 Clerical $25.00
17 These hourly rates shall be adjusted upward lO% annually
18 on the contract anniversary date.
19 (c) Reimbursable Expenses. Reimbursable expenses are in
20 addition to the fees for basic and additional services and include
21 actual expenditures made by ARCHITECT and its employees for
22 incidental expenses. No reimbursable expenses shall be incurred
23 by ARCHITECT nor billed to CITY without prior written approval of
24 CITY.
25 (d) Payment for Additional Services and Reimbursable
26 Expenses. Payment of Additional Services of ARCHITECT as defined
27 in Paragraph 5, and for Reimbursable Expenses as defined in
28 Paragraph 6 Subparagraph (c), shall be made monthly upon
-13-
presentation of ARCHITECT'S verified statement of services
2 rendered containing a breakdown of services performed, specifying
3 the services performed by dates and number of hours by each class
4 of personnel, together with an itemization of Reimbursable
5 Expenses incurred during the preceding month. Payment shall be at
6 actual invoice cost. All invoices shall be processed through the
7 project Manager of this project.
8 7. Suspension or Abandonment of Project.
9 (a) If at any time CITY determines to suspend
10 indefinitely or abandon the construction of the PARK project and
11 shall require ARCHITECT to suspend or abandon the performance of
12 its services, or for reasons set forth in Paragraph 8, decides to
13 terminate this Agreement, there shall be due and payable within
]4 thirty-five days after notice has been given to ARCHITECT of said
15 suspension or abandonment or termination of this Agreement, a sum
]6 of money sufficient to increase the total amount paid to ARCHITECT
17 to reimburse ARCHITECT for the portion of the particular phase of
18 step in which it is then engaged which has been completed at the
19 time of said suspension or termination, plus any amounts due for
20 reimbursable expenses for completed extra work previously
21 approved.
22 (b) If CITY determines that a part of the work involved
23 in the PARK project shall be suspended or abandoned, such
24 suspension or abandonment of a portion of the project shall not
25 make void or invalidate this Agreement.
26 8. Termination of Agreement. If, in the opinion of CITY,
27 ARCHITECT fails to perform or provide prompt, efficient and
28 thorough service, or if ARCHITECT fails to complete the several
[I portions of its work within the time limits provided. CITY shall
II
I!have the right to terminate this Agreement, take the ARCHITECT'S
2
3 II studies, sketches, drawings, computations, plans and
Ii
4 :1 specifications, insofar as they are completed and acceptable to
5 IICITY, and pay ARCHITECT therefor in accordance with the provisions
6 II in Paragraph 7 Subparagraph (a).
7 9. CITY Design Standards.
ii
I'
8 :1 (a) The cost of the PARK project shall be the minimum
ij
9 il consistent with functional efficiency, aesthetics and economy of
!I
10 [operation and maintenance.
I
II
(b) ARCHITECT shall be governed by the standards adopted
12 by CITY with respect to architectural details and specifications.
]3
lO. Ownership and Reproduction of Documents.
14
(a) The Preliminary Design Plans and all preliminary
15 sketches. renderings, working drawings including details,
16 computations, specifications, record drawings and other documents
17 prepared or provided by ARCHITECT under this Agreement shall be
18 the property of CITY. ARCHITECT does not assume any professional
19 responsibility or liability for use of the drawings or
20 specifications at any location other than this particular project
21 site. CITY will indemnify and hold ARCHITECT harmless for any
22 error and/or omissions arising out of the use of the drawings and
23 specifications at any other location and will be responsible for
24 defending ARCHITECT from any third party actions because of such
25 use.
26
(b) ARCHITECT shall provide and pay for the necessary
27 reproduction of all drawings and specifications (internal prints)
28 for its use during the preparation of the work.
-15-
3
"
"
II
l:plans and specifications at 50% plan check submittal and an
I'
'i
I'
[[additional three sets of plans and specifications at lOO% plan
II check submittal to CITY.
II to CITY at invoice cost.
il
(c)
ARCHITECT shall provide and pay for three sets of
2
4
Additional sets required will be billed
5
6
(d)
CITY shall provide and pay for the necessary
7
reproduction of the plans, working drawings, computations, and
8
specifications for the purpose of bid sets for construction.
9
(e) ARCHITECT shall provide and pay for one set of plans
10 on mylar for use by CITY in making reproductions of the plans for
11 construction bidding purposes and for permanent record.
12
(f) ARCHITECT shall not permit reproduction to be made
13 of the preliminary sketches, preliminary plans, working drawings,
14 specifications and full size details except upon the order of, or
15 with the written consent of, CITY. ARCHITECT reserves the right
16 to make use of the above items for purposes of public relations
17 portfolio, and parts thereof for ARCHITECT'S future design work.
18 ARCHITECT shall not allow construction contractors or other
19 interested parties to use or take from its office copies of the
20 drawings or specifications without first Obtaining CITY'S written
21 approval therefor.
22
ll. Architect's Account Records. Records of ARCHITECT'S
23 Direct Personnel, Consultant and Reimbursable Expenses to the
24 project, and records of accounts between CITY and ARCHITECT, shall
25 be kept on a generally recognized accounting basis and shall be
26 available to CITY at mutually convenient times.
27
12. Independent Contractor. ARCHITECT is and shall at all
28 times remain as to CITY a wholly independent contractor. Neither
-16-
CITY nor any of its agents shall have control over the conduct of
2 ARCHITECT or any of ARCHITECT'S employees, except as herein set
3 forth. ARCHITECT shall not at any time or in any manner represent
4 that it or any of its agents or employees are in any manner agents
5 or employees of CITY.
6 13. Legal Responsibilities.
7 (a) ARCHITECT shall keep itself informed of State and
8 Federal laws and County and Municipal ordinances and regulations
9 which in any manner affect those employed by it or in any way
10 affect the performance of its services pursuant to this Agreement.
II ARCHITECT shall at all times observe and comply with all such
12 laws, ordinances, and regulations.
13 (b) ARCHITECT agrees that in the performance of the
14 terms of this Agreement, no discrimination shall be made in the
15 employment of persons because of sex, race, color, national origin
16 or ancestry, or religion of such person. A violation of this
17 provision will subject ARCHITECT to all of the penalties imposed
18 by law.
19 (c) ARCHITECT shall comply with all of the provisions of
20 the Workers' Compensation Insurance and Safety Acts of the State
21 of California, the applicable provisions of Division 4 and 5 of
22 the California Labor Code and all amendments thereto: and all
23 similar State or Federal acts or laws applicable.
24 14. Notice. Whenever it shall be necessary for either party
25 to serve notice on the other respecting this Agreement, such
26 notice shall be served by registered mail addressed to the Project
27 Manager of the City of San Bernardino, or to ARCHITECT, Florian
28 Escobar Martinez, unless and until different addresses may be
-l7-
furnished in writing by either party to the other, and such notice
2 shall be deemed to have been served within seventy-two (72) hours
3 after the same has been deposited in the United States Post Office,
4 by registered mail. This shall be valid and sufficient service of
5 notice for all purposes.
6 15. Successors and Assigns. CITY and ARCHITECT each binds
7 itself. its partners, successors, assigns, and legal
8 representatives to the other party to this Agreement and to the
9 partners, successors, assigns and legal representatives of such
10 other party with respect to all covenants of this Agreement.
11 Neither CITY nor ARCHITECT shall assign, sublet, or transfer its
12 interest in this Agreement without written consent of the other.
13 16. Completion Dates and Expiration.
14 (a) ARCHITECT agrees to complete and submit all plans,
15 working drawings and contract documents within eight calendar
16 months, (time for CITY review excluded), or as established by
17 mutual agreement between ARCHITECT and CITY, after the execution
18 of this Agreement. After submission, and review by CITY, if there
19 are corrections to be made or modifications to the plans or
20 specifications, ARCHITECT shall complete and resubmit said
21 corrected or revised plans or specifications within thirty working
22 days of receipt of said plans and specifications back from CITY.
23 (b) It is anticipated that construction will commence on
24 or about ninety working days after final approval of all plans and
25 specifications and shall be carried through to completion within
26 approximately eighteen months. Should economic or other
27 considerations make it necessary to construct the work in phases
28 or if certain items of the plans are permanently deleted,
-l8-
ARCHITECT shall observe those portions of the construction which
2 are carried out within the limits of this Agreement and shall
3 adjust its charge for providing the services of Step Three above,
4 accordingly. Said adjustment in charge shall be calculated by
5 determining by means of negotiations between ARCHITECT and CITY,
6 the proportion of the project which has been deleted and which
7 remains and applying that portion to the amount of money involved
8 and thereby arriving at the adjusted fee. ARCHITECT shall receive
9 no fee for the proportion of the project which has been deleted,
10 even if deleted work is completed at some future time by CITY.
II l7. Use of State Licensed Consultants. In the event
12 ARCHITECT utilizes the services of consultants to prepare any
13 portion of the preliminary or final plans, specifications or
14 drawings, said consultants shall be fully and properly licensed by
15 the State of California for the particular skill or profession in
16 which they are practicing.
17 18. Community Development Block Grant Consultant Proposal
18 and Contract Requirements.
19 (a) Equal Opportunity. During the performance of this
20 contract, ARCHITECT agrees as follows:
21 (1) ARCHITECT will not discriminate against any
22 employee or applicant for employment because of race, color,
23 religion, sex, handicap, or national origin. ARCHITECT will take
24 affirmative action to ensure that applicants are employed, and
25 that employees are treated during employment, without regard to
26 their race, color, religion, sex, handicap, or national origin.
27 Such action shall include, but not be limited to, the following:
28 employment, upgrading: demotion, or transfer, recruitment or
-19-
recruitment advertising: layoff or termination: rates of payor,
2 other forms of compensation: and selection for training, including
3 apprenticeship. ARCHITECT agrees to post in conspicuous places.
4 available to employees and applicants for employment, notices to
5 be provided by CITY, setting forth the provisions of this Equal
6 Opportunity clause.
7 (2) ARCHITECT will, in all solicitations or
8 advertisements for employees placed by or on behalf of the
9 contractor, state that all qualified applicants will receive
10 consideration for employment without regard to race, color,
11 religion, sex, handicap, or national origin.
12 (3) ARCHITECT will send to each labor union or
13 representative of workers with which it has a collective
14 bargaining agreement or other contract or understanding, a notice,
15 to be provided by the agency contracting officer, advising the
16 labor union or workers' representative of ARCHITECT'S commitments
17 under this Equal Opportunity clause, and shall post copies of the
18 notice in conspicuous places available to employees and applicants
19 for employment.
20 (4) ARCHITECT will comply with all provisions of
21 Executive Order No. ll246 of September 24, 1965, and of the rules,
22 regulations and relevant orders of the Secretary of Labor.
23 (5) If requested, ARCHITECT will furnish all
24 information and reports required by Executive Order No. 11246 of
25 September 24, 1965, and by the rules, regulations and orders of
26 the Secretary of Labor, pursuant thereto, and will permit access
27 to his books, records, and accounts by CITY and the Secretary of
28 Labor for purposes of investigation to ascertain compliance with
-20-
~such rules, regulations and orders.
2
(6) In the event of ARCHITECT'S noncompliance with
3
the Equal Opportunity clause of this contract or with any of the
4
said rules, regulations or orders, this contract may be cancelled,
5
may be declared ineligible for further Government contracts in
6
accordance with procedures authorized in Executive Order No. l1246
7
of September 24, 1965, and such other sanctions may be imposed and
8
remedies invoked as provided in Executive Order No. 11246 of
9
September 24, 1965, or by rule, regulations or order of the
10
I Secretary of Labor, or as otherwise provided by law.
(7) ARCHITECT will include the provisions of
11
12
subparagraphs (l) through (7) in every subcontract or purchase
13
order unless exempted by rules, regulations or orders of the
]4
Secretary of Labor issued pursuant to Secton 204 of Executive
]5
Order No. 11246 of September 24, 1965, so that such provisions
16
,will be binding upon each subcontractor or vendor. ARCHITECT will
i
i take such action with respect to any subcontract or purchase order
I
i as CITY may direct as a means of enforcing such provisions,
I
I,
II including sanctions for noncompliance. PROVIDED, HOWEVER, that in
i the event ARCHITECT becomes involved in, or is threatened with,
!
litigation with a subcontractor or vendor as a result of such
17
18
19
20
21
22
direction by CITY, ARCHITECT may request the State of California
23
to enter into such litigation to protect the interests of the
24
State of California.
25
(b) Access of Records and Right to Audit.
26
(1) ARCHITECT agrees that the State of California
27 and the City of San Bernardino or their duly authorized
28 representatives shall, until the expiration of three years after
-21-
final payment under this contract, have access to the right to
2 examine any books, documents, papers, and records of the ARCHITECT
3 involving transactions related to this contract.
4 (2) ARCHITECT further agrees to require all sub-
5 contractors under this contract, if any, to agree to the "access
6 of records and right to audit" clause as provided in Subparagraph
7 (b)(l) above, for subcontracts in excess of $2,500.00.
8 (c) Code of Conduct and Open Competition.
9 (1) ARCHITECT shall maintain a code or standards of
10 conduct which shall govern the performance of its officers,
11 employees or agents in contracting for the expending State grant
12 funds. ARCHITECT'S and consultant officer's employees or agents,
13 shall neither solicit nor accept gratuities, favors, or anything
]4 of monetary value from contractors or potential contractors. To
15 the extent permissible by State or local law, rules or
16 regulations, such standards shall provide for penalties,
17 sanctions, or other disciplinary actions to be applied for
18 violations of such standards by either the ARCHITECT'S officers,
19 employees or agents, or by contractors or their agents.
20 (2) All procurement transactions, regardless of
21 whether negotiated or advertised and without regard to dollar
22 value, shall be conducted in a manner so as to provide maximum
23 open and free competition. CITY and ARCHITECT should be alert to
24 organizational conflicts of interest or noncompetitive practices
25 among contractors which may restrict or eliminate competition or
26 otherwise restrain trade.
27 (d) Maintenance of Records. All required records shall
28 be maintained until an audit is completed and all questions
-22-
1 arising therefrom are resolved, or three years after completion of
2 the project, whichever is sooner.
3
19. Entire Agreement. This Agreement and any documents or
4 instrument attached hereto or referred to herein integrate all
5 terms and conditions mentioned herein or incidental hereto, and
6 supersede all negotiations and prior writing in respect to the
7 subject matter hereof. In the event of conflict between the
8 terms, conditions or provisions of this Agreement, and any such
9 documellt or instrument, the terms and conditions of this Agreement
JO shall prevail.
11
20. Effective Date and Number of Copies. This Agreement is
12 made in six dtPlicate originals and shall be effective from and
13 after the date it is signed by the representatives of CITY.
14 IN WITNESS WHEREOF, the parties hereto have executed this
15 Agreement the day and year first above written.
16
17
18
19
20
21
22
23
24
ATTEST:
k~/OdI~~
01 y Clerk
By
FLORIAN/MARTINEZ ASSOCIATES,
a partnership
BY8//Zrf- _7___
I A Partner
Approved as to form:
25
26
~~'P-;;"
City At orney
27
28
-23-