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HomeMy WebLinkAbout23-Parks & Recreation e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Kerry Morford, Interim Director Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAL"J BERNARDINO AUTHORIZING THE CfIY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH RHA LANDSCAPE ARCHITECTS- PLANNERS, INc., IN THE AMOUNT OF $135,300 FOR THE PURPOSE OF PREPARING THE PLANS AND SPECIFICATIONS FOR THE ELECTRIC A VENUE HISTORIC PARK PROJECT. MC/C Meeting Date: May 21, 2007 Dept: Parks, Recreation & Community Services Dept. Date: May 15,2007 Synopsis of Previous Council Action: Recommended motion: Adopt Resolution. ! ..( ,.\-l..m~ Contact person: Kevin Hawkins Signature Phone: 384-5030 Supporting data attached: Staffrepart. Resa & A~reement Ward: 4 FUNDING REQUIREMENTS: Amount: Source: $135,300 $ 10,300 - 268-488-5504-7499 - Park & Facility Design $125,000 - 243-363-5504-7499 - Electric Avenue Greenbelt Design Finance: Council Notes: 6/ J-J In7 , I Agenda Item No. ;t3 e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a professional services agreement with RHA Landscape Architects-Planners, Inc., in the amount of $ 135,300 for the purpose of preparing the plans and specifications for the Electric A venue Historic Park project. Backl!round: Late last calendar year, a Request for Proposal (RFP) was issued for providing design and engineering services to develop four new park sites and facilities. Electric Avenue Historic Park was one of the four sites and is the subject ofthis staff report. Four firms submitted a proposal for the project. RJM Design Group arbitrarily based their cost on a . reduced scope of work thereby failing to meet the requirements of the RFP. Below is a table identifying the bidders and their costs: Electric Avenue RHA Landscape Arch., $135,300 Riverside David Evans & Assoc., $294,591 Ontario BMLA, Corona $327,674 RJM Design Group, San $108,493 Juan Capistrano After a review of the proposals by staff and the Parks and Recreation Commission it is recommended that a contract be awarded to RHA Landscape Architects-Planners for preparing the plans and specifications for the Electric A venue Historic Park project. Both staff and the Commission unanimously agreed on this recommendation. RHA has performed work similar to that requested in our RFP in the cities of Riverside, Corona, Chino Hills and Moreno Valley as well as cities in Orange and Los Angeles counties. Their proposal was complete, included the full scope of work and represented the lowest cost compared to the other qualified bidders. Their proposed amount for the project totaled $135,300. Project tasks include preparing a phase one environmental assessment, conducting a public scoping meeting, preparing three preliminary designs, and preparing the final plans and specificatiOlis. RHA should complete their work by January 2008. It is Staffs recommendation that the Mayor and Common Council award a professional services agreement to RHA Landscape-Planners, Inc. in the amount of $135,300 for the work specified in their proposal to the City (Refer to Exhibit "B"). Financial Impact: Funds for the design of the Electric Avenue Historic Park were included and approved in the FY 06/07 CIP Budget. A total of $135,300 is available in Account Nos. 243-363-5504-7499 ($125,000) and 268-488-5504-7499 ($10,300). Recommendation: Adopt Resolution. e Ie ! e 1 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER..'liARDINO AVTHORIZIl'lG THE CITY MANAGER TO EXECUTE A PROFESSIOl'lAL SERVICES AGREEMENT WITH RHA LANDSCAPE ARCHITECTS-PLANNERS, Il'lC., 1;\ THE AMOUNT OF $135.300 FOR THE 5 PURPOSE OF PREPARING THE PLANS AND SPECIFICATIONS FOR THE 6 ELECTRIC AVENUE HISTORIC PARK PROJECT. RESOLUTION NO. 4 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute on behalf of the City 9 10 the Professional Services Agreement between the City of San Bernardino and RHA Landscape 11 Architects-Planners, Inc., in the amount of $135,300 for preparing the plans and specifications 12 for the Electric A venue Historic Park project, a copy of which is attached hereto, marked as 13 Exhibit "A", and incorporated herein by this reference. 14 15 SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the Office of the 16 17 II! 18 ' 19 /11 20 III 21 City Clerk within thirty (30) days followin' effective date of the resolution. i// 22 fI/ 23 /1/ 24 '" ,,/ 25 /1/ 26 III 27 /' ./ 28 III. -/,kol3 5;,)).01 . . . 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OJ- SAN BER.c"lARDIl'IO AUTHORIZING THE CITY MA.1\AGER TO EXECTTE .\. 2 PROFESSIONAL SERVICES AGREEMENT WITH RIIA LANDSCAPF. 3 ARCHITECTS-PLANNERS, INC., IN THE AMOUNT OF $135,300 FOR THE PVRPOSE OF PREPARIl'IG THE PLANS AND SPECIHCATJON~ FOR THE ELECTRIC A VEl'IUE HISTORIC PARK PROJECT. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted b\ the Mdyor am' 6 Common Council of the City of San Bernardino at a Meeting, thereof, 7 held on the day of 8 COlJNCIL MEMBERS AYES 9 ESTRADA 10 _,2007, b: the following ,ote to wit: NAYS ABSTAIN ABSENT 11 BAXTER 12 BRINKER 13 14 15 16 17 18 19 DERRY KELLEY JOHNSOl'\ MC CAJv!MAI. K Rachel G. Clark, City Clerk City of San Bernardino 20 The foregoing resolution is hereby approved this day of ,2007. 21 22 23 24 Approved as to form: 25 26 27 Patrick J. Morris, Mayor City of San Bernardino 28 EXHIBn A e AGREEMENT FOR SERVICES TO PROVIOE PLA"S\ND SPECIFICATIONS FOR THl: ELECTRIC A VENUE HISTORIC PARK PROJECT THIS AGREEMENT is n:ade and entered into this day of _ _ 2007 ("Effective Date"), by and between the CITY OF S,\1\ BERJ\ \RDINO, a charter city ("City"), and RHA Landscape Architects-Planners, Inc ("Consultant") WITNESSETH: A. WHEREAS, City proposes to have Consultant prepare the plans and specifications for the Electric A venue Historic Park Project; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. \\'HEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and e D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, .Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide professional services for the Electric Avenue Historic Park projects as identified below: (a) Survey and prepare existing site drawings, perform a phase one environmental assessment on the site, conduct a public scoping meeting to identify desired amenities, prepare three preliminary designs for review, prepare one final. design and present it to staff, City Council and the Mayor and prepare the plans and specifications enabl ing the City to bid the project. e 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1 e e e :~XHIBIT' AU 13. Warranty. Consultant warrants that it shall perfornl the services required by this Agree'11ent in comp:ia~lcf with all applicable Federal and California employment laws includin". but not Ii: i!cd 10, those laws related to minimum hours and wages: occupational he:.1th and safety; fair emplOyment and employment practices; worker,: compensation ins"rance and safety in employment; and all other Federal, State and loca; laws and ordinances applicable to the services required under this Agreement. Consultant shall inl1emnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of e\'ery nature and description including attomeys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 1\on-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants (or services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. I. 7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees that Consultant shall maintain fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest law~. Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0, COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be compensated for such services for the fixed amount of $135,240. 2 e e e EXHIBIT U AU 2.2. Additional Services. Consultant shall not receive compensation for any scTvices provided outside the scope of services specified in this Agreement unless the City, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that <1ra! requests and/ or approvals of such additional sen' ices or additional compensation shall be barred and are unenforceable. 2.3 Method of Billing. Consultant may submit invoices to City's Director of Parks, Recreation and Community Services Department for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or the Director of Parks, Recreation and Community Services Department for inspection and,or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be perfomled pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services should be completed within nine (9) months unless otherwise approved by the Director of Parks, Recreation and Community Services Department. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusab!e Delavs. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, 'compliance with laws or regulations, riots, acts or war. or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term, This Agreement shall commence on the Effective Date and continue until satisfactory completion of all work contemplated herein. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon 3 e e e EXHIBIT" A" receipt of the 'notice of termination. In the event of such terminatiL)n, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise hy the City. 4.3. Compensation. In the event of termination, City shall pay C lonsultant fl. reasonable costs incurred and professional senices satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered. hereunder up to the effective date of terminatil\l1 of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without' liability or legal expense to Consultant. 5.0. INSUR4.NCE 5. I. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all oftne following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($ 1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars (51,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as ;'equired by the State of California. 4 EXHIBIT" A e (dl Professional errors and .jmissions ("i::&O") liability insu~a~ .e ,,:th policy limits ofnotles,; than One Million Dollars Ciil.OO',.uOO.1 ll. combined single limits. per occurrence and aggregate Consultant shall obtain and maintain, said E&O liability insurance daring the , life of this Agreement and for thrl"" years after compkti"n of the work hereunder. 5,2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not tenninate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." e 53. Certificates of Insurance,' Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described abo\'e, in a form and content approved by City. prior to perforn1ing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. e 6.2. Representatives. The Director of Parks, Recreation & Community Services or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. 5 e e e EXl-!! bIT A" Consultant sholl designate " rep:cs~nt"tiw for purposes of this Agreement \\ h. hall k authorized to Issue all consents. approvab. d:rectives and agreements on behalf of Consultant called for b\ this Agreement. ex. cpt as otherwise expressly provided in this Agreement 6.3. Proiect Mana\!ers. City shall designate a Project Manager 10 work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery. facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such 'communication is sent by facsimile: and c) 48 hours after deposit in the U.S. "v1ail as reflected b~ the official U.s. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: Todd Bagley, Principal RHA Landscape Architects- Planners, Inc 6216 Brockton Avenue Riverside, CA 92506 Fax: 951-686-8091 Tel: 951-781-1930 IF TO CITY: Director Parks, Recreation & Community Services 5,17 N. Sierra Way San Bernardino. CA 92410 Fax: 909-384-5160 Tel: 909-384-5030 6.5. Attornevs' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be go\erned by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 6 e e e EXHIBIT" A" b.7. Assi>mment. Consultant shall not voluntarily or ,J: operation of law assign, transfer, sublet " encumber all or any part of Consultant's interest in this Agreement without City, prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for ternlination of this Agreement. Regardless of City's consent. no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6,8 Indemnification and Hold Harnlless, Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, lI1cluding attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected \\ nh the intentional or neglIgent acts, errors or omissions of Consultant. its employees, agents or subcontractors in the performance of this Agreement. 6.9, Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6, I 0 Ownership of Documents. All findings, reports. documents, infornlation and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of perfornlance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or infornlation shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by'this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deli\'er to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by Citv or its authorized representative, at no additional cost to the City. 6. I I Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, infotmation and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as requir~d by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is. defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City Will endeavor to maintain as 7 e e e EXHIBIT" A" confidential all information obtained b) it that is d~signated as a trade secret. The C!lY shall not. in any way. be liable or responsible for the disclosure of any trade secret inclt,ding, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6. I~. Responsibilitv for Errors. Consultan: shall be responsibk for its work and results under this Agreement. Consultant, when I\:quested, shall fumish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shalL at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Emplovment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and an\ of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair m~aning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. 8 EXHIBIT" A" . No waiver of any provision of this Agreement shall be effecti,'e unless in '\Tilin;- .ma signed by a duly authorized representative ./ the party against whon, cnforeemer:\ of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or e,'ent, nor shall any waiver constitute a continuing waiver. 6.21. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining temlS and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the l-,argain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then bOlh panies agree to substitute such provision(s) through good faith negotiations. 6.22. Counterparts. This Agreement may be executed in one or more counterpat1S, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. . 6.23. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. III III III I!I II! . II! I!! III ,.. II! . III !il 9 E\HIBI1.\ e AGREEME:\'T FOR SERnCES TO .'RonDE PLA:\S AND SPECIFICATIONS FOR THE LITTLE :\lOV":TAIl'O TR.\IL AND ELECTRIC .\ \'E:\'UE HISTORIC PARK PRO.! LCTS IN WITNESS WHEREOF. the panIes hereto hJve caused this Agreement to be executed by and through their respective authorized officers. as of the date first above written. CITY OF SAN BERNARDINO. A Municipal Corporation. Consultant Fred Wilson, City Manager R\. Signature Name and Title e Approved as to form: By James F. Penman, City Attorney e 10 r l Ie . f I I , j e e EXH: 3IT "8' CITY or SA~ BERNARDl:\'O Jllllllary 22, 2007 Page 3 oJ ' Park & Rt'.:r~ation Facilities Design and Engineering Services 3: Approach and Methodology Project Two:. Electric Avenue Historic park: This project has great potential to embrace the rich history of San Bernardino. As we develop the project 'design we will embrace the community by coming to an understanding of the community recreational needs and wants while we pursue ways to include historic character in to the park. Task 2.1: Survey and Prepare Existinq Site Drawinqs A survey the eXisting site conditions including the location of above and below grade utilities and infrastructure will be conducted. The data gathered will be developed in a plan format. This information will serve as the base for design and document preparation. The survey and site investigation will include: . Location and identification of existing utilities . Determination of right-of -ways and or easements . Site elements . Property lines . Existing drainage . Other elements as applicable Task 2.2: Perform Phase One Environmental Assessment on the Site A geo-technical survey of the site will be conducted to study of the project soil conditions and complete phase one environmental studies and reports. Geo-technical survey work will include: . Phase one environmental analysis . Soil Testing Task 2.3: Conduct Public Scopinq Meetinq to Identify Desire Amenities It is our priority to design a park facility which benefits and compliments the community. In order to understand what features the community desires and needs we will conduct the following meetings and research: . Research existing guidelines and standards . Review existing demographic studies . Meet with staff to discuss neighborhood composition, plans for development in the neighborhood and park needs. · In concert with the staff plan and conduct a workshop with members of the Community Redevelopment Alliance and elected officials · Working with staff plan and conduct a public meeting I workshop to develOp ideas for an park development program N:\Proposals' 561 005'.56143 San Bernardino Four Parks'Proposal\Approach and Methodologyr,doc RHA LA:"iDSCAPE ARCHITECTS-PLANNERS, INC. e e e EXHIBIT "B" CITY OF SA:-i BERNARDINO January n, 2007 Pagl: -Iof9 Park & Recreation Facilities Design and Engineering Services 3: Approach and Methodology Task 2.4: Task 2.5: Task 2.6: . Summarize comments form the various meeting, met with staff to review the outcomes of the various meetings At this meeting work with staff to develop an design program Prepare Three Preliminary Desillns for Review Using the program criteria we will develop three conceptual I preliminary park design sketches. Each sketch will illustrate the relationship of various design elements from the scoping meetings, show park walk and path circulation, indicate the how special elements are defined. Each of the design sketches will be color rendered for presentation purposes. We propose that these sketches are reviewed on two levels, first by staff and them by the Community Redevelopment Alliance. Direction from these reviews will be used to determine what will be included on the final design. Prepare One Final Desilln A final design will be prepared for presentation to staff and council. The final design will be based on the direction form the review of the preliminary designs and include the direction received during the scoping meetings. The final design drawings will include: . Plan view site design illustration . Elevation drawings of the site . . A illustrated materials palette board illustrative of photographic representations of the proposed materials . Up to three artiest renderings from various view points . Plant materials lists and illustrations . Options of expected construction costs We will present the final design to staff, the Redevelopment Alliance and elected officials. Prepare Plans and Specifications for Bid Documents The final design will be developed into plans and documents which will be utilized to solicit and obtain bids and for construction of the park and amenities. These documents will include: . Demolition plans . Grading plans . Utilities plans . Electrical plans . Site elements and amenities layout plan N\Proposals\56100s\~624J San Bemardino Four Parks\Pn..'posal\Approach and MClhodologyrdoc RHA LANDSCAPE ARCHITECTS-PLANNERS, INC. ~ , ,;,. i ~ . I , I I I .'i; I I . I I I I I I 1 EXHIBIT "B" CITY OF SAN BER."'IARDINO January 22,201;7 Page j of ~ Park & Recreation Facilities Design and Engineering Services 3: Approach and Methodology . . Construction materials and amenities schedule . Hardscape and amenities details . Irrigation plans and details · Planting plans and details · Bid schedules . Bid documents . Bid and technical specifications (we will utilize the City boiler plate specifications for the bid specifications) . The Opinion Probable Construction Costs will be updated e . . . . AGREEMENT FOR SERVICES TO PROVIDE PLA~S A"D SPECIFICATIONS FOR THE ELECTRIC AVE1\UE HISTORIC PARK PROJECT THIS AGREEMENT is made and entered into this day of 2007 ("Effective Date"), by and between the CITY OF SAN 8ERNARDI",O, a charter city ("City"), and RHA Landscape Architects-Planners, Inc ("Con<ltar. ) WITNESSETH: A. WllEREAS, City proposes to haw Consultant preparl' the plans and specifications for the Electric Avenue Historic Park Project; and 8, WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, dutie, and liabilities in connection with the services to be performed; and D, WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows 1.0. SERVICES PROVIDED BY CONSULTANT I I, Scope of Services, Consultant shall provide professional services for the Electric Avenue Historic Park projects as identified below (a) Survey and prepare existing site drawings, perform a phase one environmental assessment on the site, conduct a public scoping meeting to identify desired amenities, prepare three preliminary designs for review, prepare one final design and present it to staff. City Council and the Mayor and prepare the plans and specifications' enabl ing the City to bid the project. 12, Professional Practices, All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances \ in accordance with sound professional practices, Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1 e e e 3. Warrant \ Consu,:ant warrants that It shall perform the services required b.. th,..\greer.'~r:1 111 co 'plia:'cc with all applicable Federal and California employment laws IIlcludin~. but not . mited to, those laws related to minimum hours and wages; occupational health and ,~fety; fair employment and employment practices; workers' compensation insurance and safety ill employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmkss City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fe~s and costs, presented, brought, or recovered against City for,' or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delel!ation and Assi I!nment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. I. 7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Dutv of Lovaltv/Conflict of Interest: The Consultant understands and agrees that Consultant shall maintain fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its . obligations under this Agreement. is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq, 2,0, COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be compensated for such services for the fixed amount of 5135,240. 2 e e e 22. 'Additional Services. Consultant shall not receive compensation for any services pro\'ided outside the scope of services specified in this Agreement unless the Cit\., prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral . recjuest" and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billin~. Consultant may submit invoices to City's Director of Parks, Recreation and Community Services Department for approval on a progress basis, but no more often than monthly. Said invoice shal! be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this . Agreement sh:lll be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relati:lg to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or the Director of Parks, Recreation and Community Services Department for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFOR.l'VIANCE 3.1. Commencement and. Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services should be completed within nine (9) months unless otherwise approved by the Director of Parks, Recreation and Community Services Department. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delavs. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERI\>I AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue until satisfactory completion of all work contemplated herein. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon 3 e receipt of the notice of termination. In the event (; such termination, Consultant sh~,i immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and induding the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. e 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations. broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($ I ,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation lllsurance as required by the State of California. e 4 e e e (d) Professional errors and omi"ciuns ("E&--O") !iahliJt) i1h,rancc witr. pc'!;cy limits of not less than One MilL0n Dollars ($1. .',0(1:),00). combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City," (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement. or the extent to which Consultant may be h'.'ld responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Parks, Recreation & Communi tv Services or his designee shall be the representative of City for purposes of this . Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly prOVided in this Agreement. 5 e e e --~ COnSUb'1i shall :~signate a'eprese:1tative tor :'urposes of this Agreement who shall be auth,mzed 10 155..0 all C(\!1St"ts. npprovals, directives a'ld agreements on behalf of Consultant called fur by tlllS A"reement, except as otherwise expressly provided in this Agreement. 6.3. ProJect Managers. City shall designate a Project Manager:o work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall nttend nnd assisl in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of deli vel)' if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile: and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States maiL IF TO CONSULTANT: Todd Bagley, Principnl RHA Landscape Architects- Planners, Inc 6216 Brockton Avenue Riverside, CA 92506 Fax: 951-686-8091 Tel: 951-781-1930 IF TO CITY: Director Parks, Recreation & Community Services 547 N. Sierra Wav San Bernardino, CA 92410 Fax: 909-384-5160 Tel: 909-384-5030 6.5. Attornevs' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms. conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In .the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of . competent jurisdiction located in San Bernardino County, California. 6 e e e o. i. .-\ssi~nment. Consultant shall not voluntarily .x by operation of law assign. transfer, sublet or encumber all or any part of COllsultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a ~'reach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assib'lllllent shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of Consultant, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required. in connection with the services to be performed hereunder. 6.10 Ownership of Documents. All findings. reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not ulIltemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and Without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any forn1, including but. not limited to, computer tapes: discs. files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and . provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.i, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as 7 . . . confidential all infonnation obtail"_'] by it that is designated as a trade secret. The City shall not, in any way, be liable responsible for the disclosure of any trade secret including, without limitation, thooe records so marked if disclosure is deemed to be required by law or by order ,)fthe Court. 6. I 2. Responsibilitv for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be. required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error oj- omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provIde all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6. I 3. Prohibited Emplovment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6. I 4. Order of Precedence. In the event of an inconsistency or contlict in this Agreement and any of the attached Exhibits or Attachments, the tenns set forth in this Agreeme:1l shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the perfonnance of its obligations hereunder except as expressly provided herein. 6. I 6. ]\;0 Third Partv Beneficiarv Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6. I 7. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 618. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20. Wai\'er. The delay or failure of either party at any time to require perfonnance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such perfonnance or compliance. 8 e :-';0 waiver of ;my provision of this Agreement shall he effective unless in II "ling ajl~ signed by a duly authorized representative of the pam against whom enforcc'nent of 2 waiver is sought The waiver of any right or remedy in respect to any OCCdrre:.ce (', event shall not be deemed a waiver of any right or remedy in respect to 'my ot" ': occurrence or event, nor shall any waiver constitute a continuing waiver. 6,21, Severabilitv, If any provision of this Agreement is determined by a court of competent Jurisdiction to he unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining temlS and provisions hereof or of the offending provision m any other circumstance, Notwithstanding the foregoing, i r the \'alue of this Agreement, based u'pon the substantial benefit of the bargain for any party is materially impaired, which detemlination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an originaL All counterparts shall be c,)nstrued together and shall constitute one agreement. e 6.23. Corporate Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. ,.II ;" il/ //i /// III 1/1 III III u. 1/1 . 1/1 e /'/ III 9 e AGREEMEl"T FOR SERVICES TO PRO\IDE PU.:\S A:\D SPECIFICATIONS FOR THE LITTLE MOUNTAI:'Ii TRAII\"D ELECTRIC A VE"UE HISTORIC PARK PROJECTS Il" WITNESS WHEREOF, the parties hereto have l de; cc'd this Agreement :.0 be executed by and through their respective authorized officers, as of the date first "bove written. CITY OF SAN BERNARDINO, A Municipal Corporation, Consultant By Signature Fred Wilson, City Manager Name and Title e Approved as to fom1: , e 10