HomeMy WebLinkAbout14- Parks GRIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F.Penman, City Attorney Subject: Request to approve Agreements with Evans
Construction Management Services project
Dept: Parks management of park-related capital improvement
projects..
Date: March 18, 2011
Meeting Date: March 21, 2011
Synopsis of Previous Council Action:
Recommended motion:
Discuss and take possible action.
ignature
Contact person: James F. Penman Phone: 5355
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount: A
Source:
Finance:
Council Notes:
Agenda Item No.�
1 RESOLUTION NO. 2011-
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING EXECUTION OF A VENDOR SERVICES
AGREEMENT WITH EVANS CONSTRUCTION MANAGEMENT SERVICES FOR
4 PROJECT MANAGEMENT AT SPEICHER'PARK, SOCCER COMPLEX, LITTLE
MOUNTAIN TRAIL, PERRIS HILL SENIOR CENTER AND BLAIR PARK.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. That the City Manager is hereby authorized to execute a Vendor Service
9 Agreement with Evans Construction Management Services for project management for
10 improvements to the Soccer Complex, Speicher Park Restroom, Little Mountain Trail, Perris Hill
11 Senior Center,and Blair Park Irrigation,a copy of which is attached hereto,marked Exhibit"A",and
12 incorporated herein by reference as though fully set forth at length; and
13 SECTION 2. Any action taken under this agreement between September 1, 2010, and
14 the date that this resolution is adopted is hereby ratified.
15 SECTION 3. That the authorization granted hereunder shall expire and be void and of
16 no further effect if the Vendor Service Agreement is not executed by both parties and returned to the
17 Office of the City Clerk within thirty (30) days following the effective date of this Resolution.
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I WW
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF A VENDOR SERVICES AGREEMENT
2 WITH EVANS CONSTRUCTION MANAGEMENT SERVICES FOR PROJECT
MANAGEMENT AT SPEICHER PARK, SOCCER COMPLEX, LITTLE MOUNTAIN
3 TRAIL, PERRIS HILL SENIOR CENTER AND BLAIR PARK.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on the_
6 day of , 2011,by the following vote, to wit:
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ
9 VACANT
10 BRINKER
11 SHORETT
12 KELLEY
13 JOHNSON
14 MC CAMMACK
15
16 Rachel Clark, City Clerk
17
The foregoing Resolution is hereby approved this_day of , 2011.
18
19
20
PATRICK J. MORRIS, Mayor
21 City of San Bernardino
22 Approved as to form:
23 JAMES F. PENMAN,
City Attorney
24
25 By:
26
27
28
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
EVANS CONSTRUCTION MANAGEMENT SERVICES
This Vendor Service Agreement is entered into this day of
2010, by and between Evans Construction Management Services ("VENDOR") and the City San
Bernardino ("CITY").
WITNESSETH:
WHEREAS, the City Manager has determined that it is advantageous and in the best
interest of the CITY to acquire the services of a professional contractor to assist the City of San
Bernardino with various Construction Improvement Projects for the city's park system; and
WHEREAS, VENDOR has satisfactorily provided project management, construction
management and advisement on park projects with a former construction management vendor for
the CITY previously.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the CITY hereby engages the services of VENDOR to
provide project management services for ten project sites and submit to the CITY outcomes set
forth in Exhibit "A" attached hereto and incorporated herein.
2. COMPENSATION AND EXPENSES.
For professional services rendered by VENDOR, the CITY, upon presentation of
invoices, shall pay to the VENDOR an amount equal to approximately:
Soccer Complex Improvement (134-380-5706-0000-0001) $ 4,150.00
Speicher Park/OP East CC Restroom (243-160-5504-7443-0025) $ 1,500.00
Little Mountain Trail (268-160-5504-7744-0025) $ 5,150.00
Perris Hill Senior Center Expansion, Phase 2 (243-160-5504-7494-0025) $12,950.00
Blair Park Irrigation/Booster Pump (243-160-5504-7442-0025) $ 1,150.00
Total Fee: $ 24,900.00
1
Exhibit "A"
The amount of the annual Purchase Order is $24,900.
3. TERM; TERMINATION.
The term of this Vendor Service Agreement shall be from September 1, 2010 through
June 30, 2011.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any negligent act or omission of Vendor, its employees, agents, or subcontractors,
relating to or in any way connected with the accomplishment of the work or performance of
services under this Agreement, unless the bodily injury or property damage was caused by the
sole negligence of the City, its elected officials, employees, agents or representatives. As part of
the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including
reasonable attorney's fees, the City, its elected officials, employees, agents or representatives
from any and all legal actions based upon such negligent acts or omissions. Vendor hereby
waives any and all rights to any types of express or implied indemnity against the City, its
elected officials, employees, agents or representatives, with respect to third party claims against
the Vendor relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
2
liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY at least thirty (30) days prior to
any change in or termination of the policy, or at least ten (10) days notice due to non-payment of
premium.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its 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 VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
3
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Director of Parks, Recreation and Community Services
1350 South "E" Street
San Bernardino, CA 92408
Telephone: (909) 384-5233
TO THE VENDOR: Evans Construction Management Services
P.O. Box 1330
Redlands, CA 92373
Telephone: (909) 855-3470
10. 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 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR'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 the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of
4
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State Courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
EVANS CONSTRUCTION MANAGEMENT SERVICES
5
other circumstance and the remaining provisions of this Agreement shall remain in full force and
effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated , 2010 VENDOR: Evans Construction
nagement Services
X By:
s, President
Dated , 2010 CITY OF SAN BERNARDINO
By
aarl cNee y, Ci M g
Approved as to form:
James F. Penman, City Attorney
By:
6
Exhibit A
City of San Bernardino
Parks, Recreation and Community Services
Project List FY 10/11
Evans Construction Management Services
Soccer Complex Improvements
• Site Plan Development
• Scope of Work Development
• Create and Issue Bid Package
• Oversee Bid Opening and Prepare Contract
Speicher Park/Eastside Skate Park Restroom
• Scope of Work Development
• Develop Cost Estimate
• Create and Issue Bid Package
• Oversee Bid Opening and Prepare Contract
Little Mountain Trail
• Scope of Work Development
• Provide Cost Estimates
• Create and Issue Bid Package
• Oversee Bid Opening and Prepare Contract
Perris Hill Senior Center: Phase 2
• Design Exterior Patio
• Create Cost Estimates
• Develop Scope of Work
• Prepare and Issue Request For Proposal
Blair Park Irrigation/Booster Pump
• Evaluate existing system
• Develop Scope of Work
2010-09-01
Page 1 of 2
Exhibit A
• Prepare and Issue Request For Proposal
Exclusions
• Permit Fees
• Blueprints and Digital Media Fees
• Outside Consultant Fees
• Survey, Testing and Engineering Fees
• Security Fees
2010-09-01
Page 2 of 2
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
EVANS CONSTRUCTION MANAGEMENT SERVICES
This Vendor Service Agreement is entered into this_day of ,
2010, by and between Evans Construction Management Services ("VENDOR") and the City San
Bernardino ("CITY").
WITNESSETH:
WHEREAS, the City Manager has determined that it is advantageous and in the best
interest of the CITY to acquire the services of a professional contractor to assist the City of San
Bernardino with various Construction Improvement Projects for the city's park system; and
WHEREAS, VENDOR has satisfactorily provided project management, construction
management and advisement on park projects with a former construction management vendor for
the CITY previously.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the CITY hereby engages the services of VENDOR to
provide project management services for ten project sites and submit to the CITY outcomes set
forth in Exhibit"A"attached hereto and incorporated herein.
2. COMPENSATION AND EXPENSES.
For professional services rendered by VENDOR,the CITY, upon presentation of
invoices, shall pay to the VENDOR an amount equal to approximately:
Soccer Complex Improvement (134-380-5706-0000-0001) $ 4,150.00
Speicher Park/OP East CC Restroom (243-160-5504-7443-0025) $ 1,500.00
Little Mountain Trail (268-160-5504-7744-0025) $ 5,150.00
Perris Hill Senior Center Expansion, Phase 2 (243-160-5504-7494-0025) $12,950.00
Blair Park Irrigation/Booster Pump (243-160-5504-7442-0025) $ 1,150.00
Total Fee: S24,900.00
1
The amount of the annual Purchase Order is $24,900.
3. TERM; TERMINATION.
The term of this Vendor Service Agreement shall be from September 1, 2010 through
June 30, 2011.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any negligent act or omission of Vendor, its employees, agents, or subcontractors,
relating to or in any way connected with the accomplishment of the work or performance of
services under this Agreement, unless the bodily injury or property damage was caused by the
sole negligence of the City, its elected officials, employees, agents or representatives. As part of
the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including
reasonable attorney's fees, the City, its elected officials, employees, agents or representatives
from any and all legal actions based upon such negligent acts or omissions. Vendor hereby
waives any and all rights to any types of express or implied indemnity against the City, its
elected officials, employees, agents or representatives, with respect to third party claims against
the Vendor relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
2
liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY at least thirty (30) days prior to
any change in or termination of the policy, or at least ten (10) days notice due to non-payment of
premium.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its 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 VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
3
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Director of Parks, Recreation and Community Services
1350 South "E" Street
San Bernardino, CA 92408
Telephone: (909) 384-5233
TO THE VENDOR: Evans Construction Management Services
P.O. Box 1330
Redlands, CA 92373
Telephone: (909) 855-3470
10. 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 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR'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 the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of
4
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State Courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
EVANS CONSTRUCTION MANAGEMENT SERVICES
5
other circumstance and the remaining provisions of this Agreement shall remain in full force and
effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated /V 2010 VENDOR: Evans Construction
nagement Services
d
By:
is Evans, President
Dated 12010 CITY OF SAN BERNARDINO
By aL
C arl s McKee y, 6 M
Approved as to form:
James F. Penman, City Attorney
By:
6
Exhibit A
City of San Bernardino
Parks, Recreation and Community Services
Project List FY 10/11
Evans Construction Management Services
Soccer Complex Improvements
• Site Plan Development
• Scope of Work Development
• Create and Issue Bid Package
• Oversee Bid Opening and Prepare Contract
Speicher Park/Eastside Skate Park Restroom
• Scope of Work Development
• Develop Cost Estimate
• Create and Issue Bid Package
• Oversee Bid Opening and Prepare Contract
Little Mountain Trail
• Scope of Work Development
• Provide Cost Estimates
• Create and Issue Bid Package
• Oversee Bid Opening and Prepare Contract
Perris Hill Senior Center: Phase 2
• Design Exterior Patio
• Create Cost Estimates
• Develop Scope of Work
• Prepare and Issue Request For Proposal
Blair Park Irrigation/Booster Pump
• Evaluate existing system
• Develop Scope of Work
2010-09-01
Page 1 of 2
Exhibit A
• Prepare and Issue Request For Proposal
Exclusions
• Permit Fees
• Blueprints and Digital Media Fees
• Outside Consultant Fees
• Survey, Testing and Engineering Fees
• Security Fees
t
rl
2010-09-01
Page 2 of 2
1 RESOLUTION NO. 2011-
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING EXECUTION OF A VENDOR SERVICES
AGREEMENT WITH EVANS CONSTRUCTION MANAGEMENT SERVICES FOR
4 PROJECT MANAGEMENT AT THE VERDEMONT COMMUNITY CENTER.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. That the City Manager is hereby authorized to execute a Vendor Service
8
Agreement with Evans Construction Management Services for project management at the
9
Verdemont Community Center, a copy of which is attached hereto, marked Exhibit "A", and
10
incorporated herein by reference as though fully set forth at length; and
11
SECTION 2. Any action taken under this agreement between September 1, 2010, and
12
the date that this resolution is adopted is hereby ratified.
13
SECTION 3. That the authorization granted hereunder shall expire and be void and of
14
no further effect if the Vendor Service Agreement is not executed by both parties and returned to the
15
Office of the City Clerk within thirty(30) days following the effective date of this Resolution.
16
17
18
19
20
21
22
23
24
25
26
27
28
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF A VENDOR SERVICES AGREEMENT
2 WITH EVANS CONSTRUCTION MANAGEMENT SERVICES FOR PROJECT
MANAGEMENT AT THE VERDEMONT COMMUNITY CENTER
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a meeting thereof, held on the
5
day of , 2011,by the following vote, to wit:
6
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7
MARQUEZ
8
VACANT
9
BRINKER
10
SHORETT
11
KELLEY
12
JOHNSON
13
MC CAMMACK
14
15
Rachel Clark, City Clerk
16
17 The foregoing Resolution is hereby approved this_day of , 2011.
18
19
20 PATRICK J. MORRIS, Mayor
City of San Bernardino
21
Approved as to form:
22
JAMES F. PENMAN,
23 City Attorney
24
By:
25
26
2
28
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
EVANS CONSTRUCTION MANAGEMENT SERVICES
This Vendor Service Agreement is entered into this day of ,
2010, by and between Evans Construction Management Services ("VENDOR") and the City San
Bernardino ("CITY").
WITNESSETH:
WHEREAS, the City Manager has determined that it is advantageous and in the best
interest of the CITY to acquire the services of a professional contractor to assist the City of San
Bernardino with the development and construction of the Verdemont Community Center; and
WHEREAS, VENDOR has satisfactorily provided project management, construction
management and advisement on park projects with a former construction management vendor for
the CITY previously.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the CITY hereby engages the services of VENDOR to
provide project management services for ten project sites and submit to the CITY outcomes set
forth in Exhibit"A" attached hereto and incorporated herein.
2. COMPENSATION AND EXPENSES.
For professional services rendered by VENDOR, the CITY, upon presentation of
invoices, shall pay to the VENDOR an amount equal to approximately:
Verdemont Community Center(268-160-5504-7743-0025) $ 24,900.00
Total Fee: S 24,900.00
The amount of the annual Purchase Order is $24,900.
1
FYhihit "A"
3. TERM; TERMINATION.
The term of this Vendor Service Agreement shall be from September 1, 2010 through
June 30, 2011.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any negligent act or omission of Vendor, its employees, agents, or subcontractors,
relating to or in any way connected with the accomplishment of the work or performance of
services under this Agreement, unless the bodily injury or property damage was caused by the
sole negligence of the City, its elected officials, employees, agents or representatives. As part of
the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including
reasonable attorney's fees, the City, its elected officials, employees, agents or representatives
from any and all legal actions based upon such negligent acts or omissions. Vendor hereby
waives any and all rights to any types of express or implied indemnity against the City, its
elected officials, employees, agents or representatives, with respect to third party claims against
the Vendor relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's
2
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY at least thirty (30) days prior to
any change in or termination of the policy, or at least ten (10) days notice due to non-payment of
premium.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its 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 VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
3
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Director of Parks, Recreation and Community Services
1350 South"E" Street
San Bernardino, CA 92408
Telephone: (909) 384-5233
TO THE VENDOR: Evans Construction Management Services
P.O. Box 1330
Redlands, CA 92373
Telephone: (909) 855-3470
10. 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 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR'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 the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of
4
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State Courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, 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 and the remaining provisions of this Agreement shall remain in full force and
effect.
5
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
EVANS CONSTRUCTION MANAGEMENT SERVICES
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated Llq .—' 2010 VENDOR: vans Construction
anagement Services
By:
Chris Evans, President
Dated , 2010 CITY OF SAN BERNARDINO
By:
Charles McNeel , Crty Ma r)4
Approved as to form:
James F. Penman, City Attorney
By:
6
Exhibit A
City of San Bernardino
Parks, Recreation and Community Services
Verdemont Project List FY 10/11
Evans Construction Management Services
Verdemont Community Center
• Prepare Cost Estimates
• Submit HUD Application
• Develop Bid Package
• Create Construction Schedule
• Oversee Construction
Exclusions
• Permit Fees
• Blueprints and Digital Media Fees
• Outside Consultant Fees
• Survey, Testing and Engineering Fees
• Security Fees
2010-09-01
Page 1 of 1
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
EVANS CONSTRUCTION MANAGEMENT SERVICES
This Vendor Service Agreement is entered into this_day of
2010, by and between Evans Construction Management Services ("VENDOR") and the City San
Bernardino ("CITY").
WITNESSETH:
WHEREAS, the City Manager has determined that it is advantageous and in the best
interest of the CITY to acquire the services of a professional contractor to assist the City of San
Bernardino with the development and construction of the Verdemont Community Center; and
WHEREAS, VENDOR has satisfactorily provided project management, construction
management and advisement on park projects with a former construction management vendor for
the CITY previously.
NOW,THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the CITY hereby engages the services of VENDOR to
provide project management services for ten project sites and submit to the CITY outcomes set
forth in Exhibit"A"attached hereto and incorporated herein.
2. COMPENSATION AND EXPENSES.
For professional services rendered by VENDOR,the CITY, upon presentation of
invoices, shall pay to the VENDOR an amount equal to approximately:
Verdemont Community Center (268-160-5504-7743-0025) $ 24,900.00
Total Fee: S 24,900.00
The amount of the annual Purchase Order is $24,900.
1
3. TERM; TERMINATION.
The term of this Vendor Service Agreement shall be from September 1, 2010 through
June 30, 2011.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any negligent act or omission of Vendor, its employees, agents, or subcontractors,
relating to or in any way connected with the accomplishment of the work or performance of
services under this Agreement, unless the bodily injury or property damage was caused by the
sole negligence of the City, its elected officials, employees, agents or representatives. As part of
the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including
reasonable attorney's fees, the City, its elected officials, employees, agents or representatives
from any and all legal actions based upon such negligent acts or omissions. Vendor hereby
waives any and all rights to any types of express or implied indemnity against the City, its
elected officials, employees, agents or representatives, with respect to third party claims against
the Vendor relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's
2
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY at least thirty (30) days prior to
any change in or termination of the policy, or at least ten (10) days notice due to non-payment of
premium.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its 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 VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
3
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Director of Parks, Recreation and Community Services
1350 South"E" Street
San Bernardino, CA 92408
Telephone: (909) 384-5233
TO THE VENDOR: Evans Construction Management Services
P.O. Box 1330
Redlands, CA 92373
Telephone: (909) 855-3470
10. 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 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR'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 the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of
4
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State Courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, 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 and the remaining provisions of this Agreement shall remain in full force and
effect.
5
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
EVANS CONSTRUCTION MANAGEMENT SERVICES
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated , 2010 VENDOR: vans Construction
anagement Services
By:
Chris Evans, President
Dated , 2010 CITY OF SAN BERNARDINO
By:
4U&
Charles McNeel , City Ma r
Approved as to form:
James F. Penman, City Attorney
By:
6
Exhibit A
City of San Bernardino
Parks, Recreation and Community Services
Verdemont Project List FY 10/11
Evans Construction Management Services
Verdemont Community Center
• Prepare Cost Estimates
• Submit HUD Application
• Develop Bid Package
• Create Construction Schedule
• Oversee Construction
Exclusions
• Permit Fees
• Blueprints and Digital Media Fees
• Outside Consultant Fees
• Survey, Testing and Engineering Fees
• Security Fees
2010-09-01
Page 1 of 1
I RESOLUTION NO. 2011-
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING EXECUTION OF A VENDOR SERVICES
AGREEMENT WITH EVANS CONSTRUCTION MANAGEMENT SERVICES FOR
4 CAPITAL IMPROVEMENT PROJECTS NOS.04-14,09-02,09-06,04-31,07-10,04-38,04-34,
04-33, 08-12, 08-01 AND 07-04.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. That the City Manager is hereby authorized to execute a Vendor Service
9 Agreement with Evans Construction Management Services, a copy of which is attached hereto,
10 marked Exhibit"A" for project management for the following capital improvement projects: #PR
11 04-14,Citywide Irrigation Upgrade;#PR09-02,Splash Parks#PR09-06,Community Center Upgrades;
12 #PR04-31, Community Center Upgrades; #PR07-10, Speicher Park Restroom Remodel; #PR04-38,
13 Campos Community Center;#PR04-34,Roosevelt Bowl Light&Sound Upgrades;#PR04-33,Perris
14 Hill Senior Center; #PR08-12, Blair Park Fitness Trail; #PR08-01 Blair Park Tennis Courts; and
15 #PR07-04, Lytle Creek Community Center; and
16 SECTION 2. Any action taken under this agreement between March 22, 2010, and the
17 date that this resolution is adopted is hereby ratified.
18 SECTION 3. That the authorization granted hereunder shall expire and be void and of
19 no further effect if the Vendor Service Agreement is not executed by both parties and returned to the
20 Office of the City Clerk within thirty(30) days following the effective date of this Resolution.
21
22
23
24 Ili
25
26
27
28
i
C
r
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF A VENDOR SERVICES AGREEMENT
2 WITH EVANS CONSTRUCTION MANAGEMENT SERVICES FOR CAPITAL
IMPROVEMENT PROJECTS NOS.04-14,09-02, 09-06,04-31,07-10,04-38,04-34,04-33,08-
3 12, 08-01 AND 07-04.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on the
6 day of , 2011,by the following vote, to wit:
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ
9 VACANT
10 BRINKER
11 SHORETT
12 KELLEY
13 JOHNSON
14 MC CAMMACK
15
16 Rachel Clark, City Clerk
17
The foregoing Resolution is hereby approved this_day of , 2011.
18
19
20
PATRICK J. MORRIS, Mayor
21 City of San Bernardino
22 Approved as to form:
23 JAMES F. PENMAN,
City Attorney
24
25 By:
26
27
28
VENDOR SERVICE AGREEMENT
Ti-
This Vendor Service Agreement is entered into this�O day of ckv-
2010, by and between Evans Construction Management Services ("VENDOR") and the City San
Bernardino ("CITY").
WITNESSETH:
WHEREAS, the Mayor and Common Council determined that it is advantageous and in
the best interest of the CITY to acquire the services of a professional contractor to assist the City
of San Bernardino with various Construction Improvement Projects for the city's park system;
and
WHEREAS, VENDOR has satisfactorily provided project management, construction
management and advisement on park projects with a former construction management vendor for
the CITY previously.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the CITY hereby engages the services of VENDOR to
provide project management services for ten project sites and submit to the CITY outcomes set
forth in Exhibit "A" attached hereto and incorporated herein.
2. COMPENSATION AND EXPENSES.
For professional services rendered by VENDOR, the CITY, upon presentation of
invoices, shall pay to the VENDOR an amount equal to approximately:
Citywide Irrigation Upgrade: CA Park Grant# RZ-36-077 $ 2,480.00
Splash Park Projects: CA Parks Grant# 02-36-063 $ 3,000.00
Community Center Upgrades: CA Parks Grant# RZ-36-076 $ 3,000.00
Speicher Park Restroom Remodel $ 1,200.00
Campos Community Center $ 4,600.00
Roosevelt Bowl Light& Sound Upgrades $ 2,760.00
1 Exhibit "A"
Perris Hill Senior Center $ 2,480.00
Blair Park Fitness Trail $ 1,000.00
Blair Park Tennis Courts $ 1,800.00
Lytle Creek Community Center $ 2,480.00
Total Fee: 24,800.00
The amount of the annual Purchase Order is $24,800.
3. TERM; TERMINATION.
The term of this Vendor Service Agreement shall be from March 22, 2010 through June
30, 2010.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any negligent act or omission of Vendor, its employees, agents, or subcontractors,
relating to or in any way connected with the accomplishment of the work or performance of
services under this Agreement, unless the bodily injury or property damage was caused by the
sole negligence of the City, its elected officials, employees, agents or representatives. As part of
the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including
reasonable attorney's fees, the City, its elected officials, employees, agents or representatives
from any and all legal actions based upon such negligent acts or omissions. Vendor hereby
waives any and all rights to any types of express or implied indemnity against the City, its
elected officials, employees, agents or representatives, with respect to third party claims against
the Vendor relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement.
2
i,
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY at least thirty (30) days prior to
any change in or termination of the policy, or at least ten (10) days notice due to non-payment of
premium.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its 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 VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
3
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Director of Parks, Recreation and Community Services
1350 South "E" Street
San Bernardino, CA 92408
Telephone: (909) 384-5233
TO THE VENDOR: Evans Construction Management Services
P.O. Box 1330
Redlands, CA 92373
Telephone: (909) 855-3470
10. 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 Agreement on behalf of the CITY shall be considered as"attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
4
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of CITY'S consent, no subletting or assignment shall release VENDOR of
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State Courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
5
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, 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 and the remaining provisions of this Agreement shall remain in full force and
effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter
6
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
EVANS CONSTRUCTION MANAGEMENT SERVICES
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated (7 , 2010 VENDOR: Evans Construction
Management Services
By: �/
C is Evans, President
Dated , 2010 CITY OF S N BERNARDINO
B 4Z
y•
Charles McNeely, C Vager
Approved as to form:
James F. Penman, City Attorney
By:
7
Exhibit A
City of San Bernardino
Parks, Recreation and Community Services
Project List
Evans Construction Management Services
Citywide Irrigation Upl4rade: CA Park Grant# RZ-36-077 $ 74,900.00
CIP #PR04-14 Project # 243-363-5504-7442
• Completion of CEQA Certificate
• Site Plan Development
• Scope of Work Development
• Create and Issue Bid Package
• Oversee Bid Opening and Prepare Contract
Splash Park Proiects: CA Parks Grant#02-36-063 $ 346,841.00
CIP #PR09-02 and PR09-06
• Completion of CEQA Certificate
• Site Plan Development
• Scope of Work Development
• Develop Cost Estimate
• Create and Issue Bid Package
• Oversee Bid Opening and Prepare Contract
Community Center Up trades: CA Parks Grant#RZ-36-076 $ 150,000.00
CIP# PR04-31
• Site visits to create list of upgrades
• Completion of CEQA Certificate
• Site Plan Development
• Scope of Work Development
• Provide Cost Estimates
• Create and Issue Bid Package
• Oversee Bid Opening and Prepare Contract
2010-03-16
Page 1 of 5
Exhibit A
Speicher Park Restroom Remodel $30,000.00
CIP #PR07-10 Project#243-363-5504-7726
• Create Scope of Work
• Create and Issue Bid Package
• Oversee Bid Opening and Prepare Contract
• Obtain Permits
Campos Community Center $ 890,200.00
CIP#PR04-38 Project#243-363-5504-7495
• Prepare Site Plan
• Develop plan for Pavilion area
• Prepare Cost Estimates
• Develop Bid Package
• Create Construction Schedule
Roosevelt Bowl Light& Sound Upgrades $ 124,900.00
CIP #PR04-34 Project#243-363-5504-7717
• Conduct Site Inventory
• Facilitate Meetings as needed with Community Groups for Project
Development/Inventory Requirements
• Create Material List and Scope of Work for Bid Purposes
• Solicit Material Bids
Perris Hill Senior Center $ 87,100.00
CIP# PR04-33 Project#243-363-5504-7494
• Review existing Designs for Feasibility
• Create Cost Estimates
• Develop Scope of Work
• Prepare and Issue Request For Proposal
2010-03-16
Page 2 of 5
Exhibit A
Blair Park Fitness Trail $ 11,400.00
CIP #PR08-12 Project#243-363-5504-7803
• Evaluate existing Fitness Trial Equipment
• Create Equipment list for Bids
• Solicit bids for replacement equipment
Blair Park Tennis Courts $ 60,000.00
CIP# PR08-01 Project#243-363-5504-7750
• Evaluate existing courts
• Issue RFP for resurfacing services
• Conduct bid opening and review
• Coordinate with local groups about closure
Lytle Creek Community Center $ 119,300.00
CIP# PR07-04 Project#243-363-5504-7720
• Evaluate existing Rest Rooms and Ceiling
• Create scope of work and issue RFP
• Conduct Job Walk
• Receive and Review bid packages
2010-03-16
Page 3 of 5
Exhibit A
Fee Schedule
Citywide Irrimation Upgrade: CA Park Grant# RZ-36-077 $ 2,480.00
CIP# PR04-14 Project # 243-363-5504-7442
Splash Park Projects: CA Parks Grant# 02-36-063 $ 3,000.00
CIP# PR09-02 and PR09-06
Community Center Upgrades: CA Parks Grant#RZ-36-076 $ 3,000.00
CIP # PR04-31
Speicher Park Restroom Remodel $ 1,200.00
CIP#PR07-10 Project#243-363-5504-7726
Campos Community Center $ 4,600.00
CIP # PR04-38 Project#243-363-5504-7495
Roosevelt Bowl Light & Sound Uplzrades $ 2,760.00
CIP # PR04-34 Project# 243-363-5504-7717
Perris Hill Senior Center $ 2,480.00
CIP# PR04-33 Project#243-363-5504-7494
Blair Park Fitness Trail $ 1,000.00
CIP#PR08-12 Project#243-363-5504-7803
Blair Park Tennis Courts $ 1,800.00
CIP# PR08-01 Project# 243-363-5504-7750
Lytle Creek Community Center $ 2,480.00
CIP# PR07-04 Project#243-363-504-7720
Total Project Fee $ 24,800.00
2010-03-16
Page 4 of 5
Exhibit A
Exclusions
• Permit Fees
• Blueprints and Digital Media Fees
• Outside Consultant Fees
• Survey,Testing and Engineering Fees
• Security Fees
2010-03-16
Page 5 of 5
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 30 day of 6i.v'e, ,
2010, by and between Evans Construction Management Services ("VENDOR") and the City San
Bernardino ("CITY").
WITNESSETH:
WHEREAS, the Mayor and Common Council determined that it is advantageous and in
the best interest of the CITY to acquire the services of a professional contractor to assist the City
of San Bernardino with various Construction Improvement Projects for the city's park system;
and
WHEREAS, VENDOR has satisfactorily provided project management, construction
management and advisement on park projects with a former construction management vendor for
the CITY previously.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the CITY hereby engages the services of VENDOR to
provide project management services for ten project sites and submit to the CITY outcomes set
forth in Exhibit"A" attached hereto and incorporated herein.
2. COMPENSATION AND EXPENSES.
For professional services rendered by VENDOR, the CITY, upon presentation of
invoices, shall pay to the VENDOR an amount equal to approximately:
Citywide Irrigation Upgrade: CA Park Grant# RZ-36-077 $ 2,480.00
Splash Park Projects: CA Parks Grant# 02-36-063 $ 3,000.00
Community Center Upgrades: CA Parks Grant# RZ-36-076 $ 3,000.00
Speicher Park Restroom Remodel $ 1,200.00
Campos Community Center $ 4,600.00
Roosevelt Bowl Light& Sound Upgrades $ 2,760.00
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Perris Hill Senior Center $ 2,480.00
Blair Park Fitness Trail $ 1,000.00
Blair Park Tennis Courts $ 1,800.00
Lytle Creek Community Center $ 2,480.00
Total Fee: 24,800.00
The amount of the annual Purchase Order is $24,800.
3. TERM; TERMINATION.
The term of this Vendor Service Agreement shall be from March 22, 2010 through June
30, 2010.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any negligent act or omission of Vendor, its employees, agents, or subcontractors,
relating to or in any way connected with the accomplishment of the work or performance of
services under this Agreement, unless the bodily injury or property damage was caused by the
sole negligence of the City, its elected officials, employees, agents or representatives. As part of
the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including
reasonable attorney's fees, the City, its elected officials, employees, agents or representatives
from any and all legal actions based upon such negligent acts or omissions. Vendor hereby
waives any and all rights to any types of express or implied indemnity against the City, its
elected officials, employees, agents or representatives, with respect to third party claims against
the Vendor relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement.
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5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY at least thirty (30) days prior to
any change in or termination of the policy, or at least ten (10) days notice due to non-payment of
premium.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its 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 VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Director of Parks, Recreation and Community Services
1350 South "E" Street
San Bernardino, CA 92408
Telephone: (909) 384-5233
TO THE VENDOR: Evans Construction Management Services
P.O. Box 1330
Redlands, CA 92373
Telephone: (909) 855-3470
10. 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 Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
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written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State Courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, 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 and the remaining provisions of this Agreement shall remain in full force and
effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter
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VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
EVANS CONSTRUCTION MANAGEMENT SERVICES
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated 0 , 2010 VENDOR: Evans Construction
Management Services
By:
C is Evans, President
Dated 2 . 2010 CITY OF S N BERNARDINO
By:
Charles McNeely, C Vager
Approved as to form:
James F. Penman, City Attorney
By:
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Exhibit A
City of San Bernardino
Parks, Recreation and Community Services
Project List
Evans Construction Management Services
Citywide Irriltation UpLrade: CA Park Grant #RZ-36-077 $ 74,900.00
CIP # PR04-14 Project # 243-363-5504-7442
• Completion of CEQA Certificate
• Site Plan Development
• Scope of Work Development
• Create and Issue Bid Package
• Oversee Bid Opening and Prepare Contract
Splash Park Projects: CA Parks Grant# 02-36-063 $ 346,841.00
CIP # PR09-02 and PR09-06
• Completion of CEQA Certificate
• Site Plan Development
• Scope of Work Development
• Develop Cost Estimate
• Create and Issue Bid Package
• Oversee Bid Opening and Prepare Contract
Community Center Upgrades: CA Parks Grant# RZ-36-076 $ 150,000.00
CIP # PR04-31
• Site visits to create list of upgrades
• Completion of CEQA Certificate
• Site Plan Development
• Scope of Work Development
• Provide Cost Estimates
• Create and Issue Bid Package
• Oversee Bid Opening and Prepare Contract
2010-03-16
Page 1 of 5
Exhibit A
Speicher Park Restroom Remodel $30,000.00
CIP # PR07-10 Project#243-363-5504-7726
• Create Scope of Work
• Create and Issue Bid Package
• Oversee Bid Opening and Prepare Contract
• Obtain Permits
Campos Community Center $ 890,200.00
CIP# PR04-38 Project# 243-363-5504-7495
• Prepare Site Plan
• Develop plan for Pavilion area
• Prepare Cost Estimates
• Develop Bid Package
• Create Construction Schedule
Roosevelt Bowl Light & Sound Upgrades $ 124,900.00
CIP # PR04-34 Project# 243-363-5504-7717
• Conduct Site Inventory
• Facilitate Meetings as needed with Community Groups for Project
Development/Inventory Requirements
• Create Material List and Scope of Work for Bid Purposes
• Solicit Material Bids
Perris Hill Senior Center $ 87,100.00
CIP # PR04-33 Project#243-363-5504-7494
• Review existing Designs for Feasibility
• Create Cost Estimates
• Develop Scope of Work
• Prepare and Issue Request For Proposal
2010-03-16
Page 2 of 5
Exhibit A
Blair Park Fitness Trail $ 11,400.00
CIP # PR08-12 Project#243-363-5504-7803
• Evaluate existing Fitness Trial Equipment
• Create Equipment list for Bids
• Solicit bids for replacement equipment
Blair Park Tennis Courts $ 60,000.00
CIP # PR08-01 Project#243-363-5504-7750
• Evaluate existing courts
• Issue RFP for resurfacing services
• Conduct bid opening and review
• Coordinate with local groups about closure
Lytle Creek Community Center $ 119,300.00
CIP# PR07-04 Project#243-363-5504-7720
• Evaluate existing Rest Rooms and Ceiling
• Create scope of work and issue RFP
• Conduct Job Walk
• Receive and Review bid packages
2010-03-16
Page 3 of 5
Exhibit A
Fee Schedule
Citywide IrALTation Upgrade: CA Park Grant # RZ-36-077 $ 2,480.00
CIP # PR04-14 Project # 243-363-5504-7442
Splash Park Projects: CA Parks Grant# 02-36-063 $ 3,000.00
CIP # PR09-02 and PR09-06
Community Center Upgrades: CA Parks Grant# RZ-36-076 $ 3,000.00
CIP #PR04-31
Speicher Park Restroom Remodel $ 1,200.00
CIP # PR07-10 Project#243-363-5504-7726
Campos Community Center $ 4,600.00
CIP #PR04-38 Project# 243-363-5504-7495
Roosevelt Bowl Light & Sound Upgrades $ 2,760.00
CIP #PR04-34 Project#243-363-5504-7717
Perris Hill Senior Center $ 2,480.00
CIP # PR04-33 Project#243-363-5504-7494
Blair Park Fitness Trail $ 1,000.00
CIP # PROS-12 Project#243-363-5504-7803
Blair Park Tennis Courts $ 1,800.00
CIP # PR08-01 Project#243-363-5504-7750
Lytle Creek Community Center $ 2,480.00
CIP #PR07-04 Project# 243-363-504-7720
Total Project Fee $ 24,800.00
2010-03-16
Page 4 of 5
Exhibit A
Exclusions
• Permit Fees
• Blueprints and Digital Media Fees
• Outside Consultant Fees
• Survey, Testing and Engineering Fees
• Security Fees
2010-03-16
Page 5 of 5