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HomeMy WebLinkAbout27-Parks & Rec ORIGINAL CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Kevin Hawkins, Director Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY Dept: Parks, Recreation & Community OF SAN BERNARDINO AUTHORIZING Services Dept. THE Cam' MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES IN Date: June 14, 2007 THE AMOUNT OF $113,567 FOR THE PURPOSE OF PREPARING PRELIMINARY PLANS FOR THE PROPOSED VERDEMONT COMMUNITY CENTER AND TO REPEAL RESOLUTION NO. 2007-144 APPROVED BY MAYOR AND COMMON COUNCIL ON MAY 7,2007. MC/C Meeting Date: June 18, 2007 Synopsis of Previous Council Action: Recommended motion: Adopt Resolution. Signature Contact person: Kevin Hawkins Phone: 384-5030 Supporting data attached: Staff Report,Reso&Agreement Ward: 5 FUNDING REQUIREMENTS: Amount: $113,567.00 Source: (Acct. No.) 268-488-5504-7743 Select and Design Community (Acct. Description Center in the Verdemont Area Finance: Council Notes: � sU 2007— Z oS Agenda Item No. �-i��� CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a professional services agreement with David Evans and Associates in the amount of $113,567 for the purpose of preparing preliminary plans for the proposed Verdemont Community Center and repealing Resolution No. 2007-144 approved by Mayor and Common Council on May 7, 2007. Backl1round: Late last calendar year, a Request for Proposal (RFP) was issued for providing design and engineering services to develop four new park sites and facilities as follows: 1. Little Mountain Trail 2. Electric Avenue Historic Park 3. A 30 acre park in the Verdemont area 4. A Community Center within the 30 acre park The subject of this staff report covers only the Community Center project. Six firms submitted proposals for the four projects but only four firms responded to the community center project. Below is a table identifying the bidders and their costs for the community center project. Verdemont Name Community Center RHA Landscape Arch., $225,670 Riverside WLC Architects, $515,755 Rancho Cucamonga Community Works Design Group, No Bid Riverside David Evans & Assoc., $384,969 Ontario BMLA, Corona $309,371 RJM Design Group, No Bid San Juan Capistrano Work requested by the RFP for this project included: a) involving focus groups to determine amenities, b) use of the input to prepare conceptual designs, c) preparing preliminary engineering and estimated costs for construction, and d) preparing bid documents. The community center was identified as a 15,000 square foot building to be located within the 30- acre park designated for the Verdemont area. After a review of the proposals by staff and a Parks and Recreation Commission ad hoc committee, David Evans and Associates (DEA)was determined to be the best qualified and most responsive proposer. DEA has extensive experience in designing parks, athletic fields, park facilities, and community centers. Recent experience includes projects in Coachella Valley, Burbank, Fontana, Pasadena and Oceanside to name a few. DEA proposed a cost of $384,969 and a timeframe of 10 months to perform the work. Funding for this project is available with a budget transfer, but not for all of the work proposed. To bring the costs within our funding limits the following is recommended: ♦ Eliminate the "fly through" task which is not needed for preparing the preliminary or final design. The "fly through" task is a three dimensional computer animation that provides a simulated tour of the project. ♦ Three phases are proposed for this project: 1) Preparation of preliminary and schematic building designs for review, 2) Preparation of one final plan, and 3) Preparation of plans and specifications for bid documents. It is recommended that only the first phase of work be performed at this time. The other phases can follow if additional project funds are made available next fiscal year. Phase one work alone will take approximately 5 '/2 months so if additional funds are appropriated to the project next fiscal year, the remaining work can be performed without any interruption. Following the above two recommendations will result in a cost of$113,567. This approach was discussed with the Parks and Recreation Commission ad hoc committee and subsequently brought to the full Commission who recommended supporting this position on a unanimous vote. David Evans and Associates is also agreeable to proceeding in the above manner. The funding source for this project is the Park Improvement Impact Fee. While the resources are available, a transfer was required within the fund from one account to another. There were no impacts to any of the other listed projects in the fund. On May 7, 2007, a transfer was requested in the amount of$88,600 from 268-488-5504-7745, Park and Facility Design Services to 268-488-5504-7743, Select and Design Community Center in the Verdemont Area. According to the vendor, the RFP and scope of work had been reviewed prior to the May 7, 2007, Council meeting; however, the review did not include the Agreement that was approved by the City Council at the May 7, 2007, meeting. Once the vendor's attorneys reviewed the Agreement, changes were recommended. These recommendations were submitted to the Office of the City Attorney for review, which resulted in a meeting with Parks, Recreation and Community Services staff, David Evans & Associates, and the City Attorney's office for concurrence. The proposed Agreement incorporates some of the non-material changes and is acceptable to all parties. Because of the changes in the Agreement, Staff requests repeal of Resolution No. 2007-144 of May 7, 2007, and authorization to execute the revised Agreement. Financial Impact: Total cost to award contract as described in staff report is $113,567. A total of$25,000 is available in the Parks AB 1600 Parkland Development Impact Fee Fund in account number 268-488-5504-7743 ("Select & Design Verdemont Community Center PR04-28"). At the May 7, 2007 Council meeting, a budget amendment was authorized to transfer$88,600 from another project in the same fund, account number 268-488-5504-7745 ("Park & Facility Design Services PR0712") is requested. Recommendation: Adopt Resolution. AGENDA ITEM TRANSMITTAL SHEET Meeting Date June 18, 2007 _ Regular X Supplemental Department Parks, Recreation & Community Services TITLE OF RESOLUTION/ORDINANCE Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a professional services agreement with David Evans and Associates in the amount of $113,567 for the purpose of preparing preliminary plans for the proposed Verdemont Community Center and to repeal Resolution No. 2007-144 approved by Mayor and Common Council on May 7, 2007. SIMILAR RESOLUTION/ORDINANCE ADOPTED SUBMITTED TO CITY MANAGER Kevin Hawkins, Director Date From Parks, Recreation and Community Services Department SUBMITTED BY CITY MANAGER TO CITY ATTORNEY Date Received By RETURNED BY CITY ATTORNEY TO DEPARTMENT FOR CHANGES 1sT Time Date Received By 2"d Time Date Received By RESUBMITTED BY DEPARTMENT TO CITY ATTORNEY WITH CHANGES 1"Time Date Received By 2"d Time Date Received By SUBMITTED BY CITY ATTORNEY TO CITY MANAGER FOR PLACEMENT ON AGENDA Date Received By RESOLUTION NO. 0 [P RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A ! PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES IN THE AMOUNT OF $113,567 FOR THE PURPOSE OF PREPARING PRELIMINARY PLANS FOR THE PROPOSED VERDEMONT COMMUNITY CENTER AND REPEALING RESOLUTION NO. 2007-144 APPROVED BY MAYOR AND COMMON COUNCIL ON MAY 7, 2007. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute on behalf of the City the Professional Services Agreement between the City of San Bernardino and David Evans and Associates in the amount of $113,567 for preparing preliminary plans for the proposed Verdemont Community Center, a copy of which is attached hereto and incorporated herein as Attachment "A.". SECTION 2. Resolution No.2007-144 approved by Mayor and Common Council on May 7 2007 is hereby repealed. SECTION 3. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the Office of the City Clerk within thirty(30) days following effective date of the resolution. /// RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES IN THE AMOUNT OF $113,567 FOR THE PURPOSE OF PREPARING j PRELIMINARY PLANS FOR THE PROPOSED VERDEMONT COMMUNITY CENTER AND REPEALING RESOLUTION NO. 2007-144 APPROVED BY MAYOR AND COMMON COUNCIL ON MAY 7, 2007. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Meeting, thereof, held on the day of , 2007, by the following vote to wit: COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MC CAMMACK Rachel G. Clark, City Clerk City of San Bernardino The foregoing resolution is hereby approved this day of ) 2007. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: By: James F. Penman, City Attorney AGREEMENT FOR SERVICES TO PROVIDE PRELIMINARY PLANS AND A Coe FINAL SCHEMATIC DESIGN FOR THE PROPOSED VERDEMONT COMMUNITY CENTER THIS AGREEMENT is made and entered into this day of , 2007 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and David Evans and Associates, Inc. ("Consultant"). WITNESSETH : A. WHEREAS, City proposes to have Consultant prepare preliminary plans and a final schematic design for the proposed Community Center to be located in the Verdemont area of the City; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide professional services for the proposed Verdemont Community Center project as set forth on the Project 4 — Verdemont Community Center — Scope of Services, attached hereto and incorporated herein by this reference as Attachment "A." 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also agrees that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. g T144C #/-I E,T 1.3. Compliance. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement in effect during the time of performance of this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, to the extent that they are incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1.7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Duty of Loyalty/Conflict of Interest: Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be compensated for such services for the fixed amount of$113,567. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in this Agreement unless the 2 City, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to City's Director of Parks, Recreation and Community Services Department for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole, reasonable satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or the Director of Parks, Recreation and Community Services Department for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services should be completed within five and a half(5 1/2) months unless otherwise approved by the Director of Parks, Recreation and Community Services Department. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue until completion of all work contemplated herein to the reasonable satisfaction of City. 4.2. Notice of Termination. City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work 3 contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services performed to the reasonable satisfaction of City up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, one legible copy of all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. 4 (d) Professional Liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said Professional Liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Parks, Recreation & Community Services or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this 5 Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. `�✓ IF TO CONSULTANT: IF TO CITY: Jeffrey K. Rupp, Project Principal Kevin L. Hawkins, Director David Evans and Associates, Inc Parks, Recreation& Comm. Services 800 North Haven, Suite 300 547 N. Sierra Way Ontario, CA 91764 San Bernardino, CA 92410 Fax: 909-481-5757 Fax: 909-384-5160 Tel: 909-481-5750 Tel: 909-384-5030 6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Governing_Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 6.7. Assignment. Consultant shall not voluntarily or by operation of law 6 assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, to the extent they arise out of the intentional or negligent acts, errors or omissions of Consultant, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that 7 term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.12. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all appropriate design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole, reasonable satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Party BeneficiM Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their 8 respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.21. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. HI 9 i AGREEMENT FOR SERVICES TO PROVIDE PRELIMINARY PLANS AND A FINAL SCHEMATIC DESIGN FOR THE PROPOSED VERDEMONT COMMUNITY CENTER IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, DAVID EVANS and ASSOCIATES,INC., A Municipal Corporation, Consultant By Fred Wilson, City Manager Signature Name and Title Approved as to form: James F. Penman, City Attorney By 10 I. CITY OF SAN BERNARDINO Interoffice Memorandum 2007 JUL 26 P ik 2; It CITY CLERK'S OFFICE Records and Information Management(RIM) Program DATE: June 21, 2007 TO: Kevin Hawkins Parks, Recreation & Community Services Department FROM: Sandra Medina Assistant to the ACityNC'Ierk RE: Transmitting Documents for Signature—Resolution 2007-205 At the Mayor and Common Council meeting of June 18, 2007, the City of San Bernardino adopted Resolution No. 2007-205 —Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Professional Services Agreement with David Evans and Associates in the amount of$113,567 for the purpose of preparing preliminary plans for the proposed Verdemont Community Center and repealing Resolution No. 2007-144 approved by Mayor and Common Council on May 7, 2007. Attached are one (1) original agreement and two (2) duplicate original agreements. Please obtain signatures in the appropriate locations and return the ORIGINAL contract to the City Clerk's Office as soon as possible. Please keep the remaining two (2) fully executed copies for your records and for the other party. Please be advised that the contract will be null and void if not executed within thirty days (30) days, or by Wednesday, July 18, 2007. If you have any questions, please do not hesitate to contact Margaret Fedor in the City Clerk's Office at t. 3206. Thank you. I hereby a owledge re of the abo mentioned documents. Signed: P1 ase sign and return Date: SM/mf Received: Jun 18 2007 07 15am 06%18/2007 07:12 9094815757 DAVID EVANS AND ASSO PAGE 03 "The City is proposing to construct a 1 5,000 square foot community center building to be located in the north end of the City in the proposed verdemont Park set forth in Project 3. The property is located generally along the east side of Interstate 215, north of Little League Drive, adjacent to the pet cemetery." The Community Center is to be designed to incorporate appropriate features to meet the U.S. Green Building Council LEED Rating System at a Gold or Platinum level. (The Leadership in Energy and Environmental Design (LEED) Green Building Rating System TM is the nationally accepted benchmark for the design, construction, and operation of high performance green buildings. LEED gives building owners and operators the tools they need to have an immediate and measurable impact on their buildings' performance. LEED promotes a whole building approach to sustainobility by recognizing performance in six key areas of human and environmental health;Sustainable Site Development, Water Efficiency, Energy and Atmosphere, Materials and Resources, Indoor Environmental Quality and Innovative design). The program for accommodation within the proposed Community Center Building will be established during a scoping meeting to be held with members of the community, following which three conceptual preriminary designs shall be prepared incorporating the input received at the scoping meeting_ A "fly through" for each design is to be prepared together with a preliminary estimate of probable construction cost for each of the conceptual designs. The conceptual designs shall be presented and discussed at a second community meeting following which city staff will direct the preparation of one final design option for the Community Center Building together with a "fly through' materials / color board, renderings of various views, and estimate of probable construction cost. Based on the selection of the final design by the City, the preparation of construction documents is required for building permits, bid and construction of the Community Center Building. TASK 4.1 - PREPARE THREE PRELIMINARY BUILDING DESIGNS FOR REVIEW Task 4.1_a- Start-Up Meeting The DEA project team shall meet with the city of San Bernardino to begin preparations for the design of the Community Center Building of the scope of services, objectives, design, maintenance, utility requirements, construction scheduling and budget. Task 4.1.b- Data Collection DEA will evaluate the relative LEED standards as they apply to the proposed building while considering parking, access, environmental compliance, neighborhood concerns, and annual maintenance and construction costs. This task also includes coordination with affected utility agencies and review of the buildings energy operation. Task 4.1.c - Data Analysis DEA will analyze all data, verify code issues, building occupancy, request missing documents,and prepare a written program summary for review and approval by the Upon approval, DEA will commence with schematic design. Received: Jun 18 2007 07:15am 06/18/2007 07:12 9094815757 DAVID EVANS AND ASSO PAGE 04 Task 4.1.d - Public Meetings (2) The DEA project manager and key team members will attend and conduct two public scoping meetings with City staff, adjacent residents and elected officials in order to scope out the wants and needs associated with the community center building, as well as review any documents in the possession of the City's Parks. Recreation and Community Services Department regarding needs and wants. The public meetings shall be used to determine the needs of the community as it relates to the facility and its amenities. The first meeting shall be used to collect data and input as to desired amenities providing the opportunity for the public to take part in charettes in developing schematic plans. The second meeting shall be used to present three conceptual drawings to the public for refinement of the final designs. Task 4.1.e-Prepare Three Preliminary Designs for Review DEA shall take all input into consideration in tormulating and prepare three conceptual preliminary designs for the review by the City. Preliminary designs shall incorporate applicable input and suggestions provided during the scoping meetings. Designs shall include only the Community Center. Prehminory designs shall be provided in hard copy form in order to allow the decision makers to get a sense of the feeling of the park site at the second-pubhc-irneeting. Task 4.1.f-Prepare Computer-Enhanced "Fly-Through" DELETED See attached e-mail communication response to Kerry Morford dated 5/7/ 2007. Task 4.1.g -Selection of Preferred Alternative Based on the City's review of the three conceptual plans. DEA will meet with the City and determine the preferred concept or combination of concepts. Trask 4.1.h -Schematic Base Plans DEA will prepare schematic base plans reflecting the approved program including a site plan,preliminary grading and drainage plans, street improvement plans, Park master plan, water and sewer plans, underground utility plan, floor plan(s),interiors and exterior elevations, initial structural framing system, and roof plan. DEA wll review lighting, power, and HVAC distribution system to meet the requirements of the program. Task 4.1 J- Building Systems Analysis DEA consultant team will analyze and evaluate various options tor, mechanical, plumbing electrical and structural systems to help determine the most cost effective way to implement sustainable design strategies into the new building. Task 4.1.J-Finalization of Schematic Design DEA team will meet with the project manager and the building teams to review the schematic design and process Site Development Plan review with City. DEA will also assist the City with entitlement documents with other responsible agencies. f Received: Jun 18 2007 07:15am 06/18/2007 07: 12 9094815757 DAVID EVANS AND ASSO PAGE 05 . tle 10 Kerry Page '1 of 1 IV,ike Evans ' F•om: Leilani Doherty S?nt: Thursday, April 26, 2007 11:47 AM T morford_ke @sbclty.org C Mike Evans S jbject: Proposed Community Center Building - Verdemonl Park A ttachments: WALN00000002 Contemporary.pdf,- WALN00000002 Acuatic 1.pdf Iel o Kcrry: ,oll swing our telephone conversation of this morning, April 26, 2007, I confirm that David Evans and 1ss)ciates, Inc. (l7EA) will provide the services listed in the fee proposal portion of our proposal dated h11112.ry 1, ?007, task items 41A through 4.1 J but excluding tasks order 4.1F(fly through) for the sum of one hu;admd zd thirteen thousand five hundred and sixty seven dollars ($113,567.00) "he cost breakdown is as follows: �as,t 4.1 R{x.442 1 ub Tact Task 4.IF(fly through) ($69.875) $ 91,567 Ldd Subcontractors fees for task 4.1 1 tri;tural $ 4,000 1 4c hanical $ 4,000 1 lut tbing $ 3,000 )Jec trical 5 6,000 !on 2utgr Model Board $ 5, 00 Sub-Total 522,000 ira id'Total $113,567 Ie 1 lave attachcd two files which show examples of computer model boards which we have found helpful in 1 res� ntations of conceptual designs, without the extra expense of preparing model fly throughs. [ hol e this information is helpful. Plcase let me know if you need additional information. Thank you. F, est Wishes, I\licl acl Evans