HomeMy WebLinkAbout23- Public Works F " e No . 6 . 51-8
CI fY OF SAN BERNARMAO - REQUE*T FOR COUNCIL ACTON
From: ROGER G . HARDGRAVE Subject: Authorization to Execute Agreement
with Steinmann , Grayson , Smylie ,
Dept: Public Works/Engineering Inc . -- Preparation of Space & Site
.Study for New Central Police
Date: 2-15-88 Station
Synopsis of Previous Council action:
03-23-87 --- Police Building Ad Hoc Committee appointed to study
potential building sites and work out a plan to finance
the cost .
09-08-87 --- Minutes of Police Building Ad Hoc Committee meeting of
8-14-87 received and filed .
11-02-87 -- Proposed agreement referred to Ways and Means Committee
to identify a source of funding for the estimated fee of
$74 ,000 .
02-01-88 -- Rec ommendation by Ways & Means Committee that the transfer
of $57 ,990 , from the Special Elections Account , & $16 ,010
from the Police Dept . Salary Savings Acct . to finance the
cost of the study , approved .
Recommended motion:
Adopt resolution .
cc : Ray Schweitzer
Jim Penman
Warren Knudson
Sig Atu re
Contact person: Roger G . H a r d g r a v e Phone: 5025
Supporting data attached: Staff R e p o r t , Resolution Ward: N/A
FUNDING REQUIREMENTS: Amount: $74 ,000
Source: (Acct. No.) 240-360-571bs
(Acct. Description) Space & Site S t u dy
New Central Police Station Finance:—'�) � --
Council Notes:
75-0262 Agenda Item No.
CIT f OF SAN BERNARDIN16 REQUEST FOR COUNCIL AC1 iON
STAFF REPORT
A solicitation for Letters of Interest was sent to about
24 architectural and space planning firms . Six of these firms
responded with a Letter of Interest . Due to the small number of
responses , Requests for Proposals were sent to all six firms .
The Requests for Proposals were reviewed with representa-
tives from the various firms , on 10-01-87 , by an interview board
comprised of the following persons :
1 . Councilwoman Esther Estrada -- Chairwoman , Police
Building Ad Hoc Committee
2 . Councilman Mike Maudsley
3 . Ray Schweitzer , City Administrator
4 . Richard Bennecke , Executive Assistant to the Mayor
5 . Don Burnett , Police Chief
6 . Gerry Newcombe , Fire Chief
7 . Roger Hardgrave , Director of Public Works/City Engineer
After carefully reviewing the proposals , the interview
board selected Steinmann , Grayson , Smylie , Inc . ( SGS ) as being
the best qualified at this time to prepare the site and space
study for a new police station . A representative number of his
references have been contacted . All gave SGS an unqualified
recommendation .
The proposed Agreement provides , in general , that the
Consultant will provide professional planning services in connec-
tion with the preparation of a space and site study for a new
police station . Also , that the City will provide maps , charts ,
as-built drawings and other documents as requested by the Consultant ,
a desk or other suitable work space , and identify 3 alternative
sites for the new police station .
Basic compensation to the Consultant shall not exceed
$70 ,000 , with an additional amount not to exceed $4 ,000 for
reimbursable expenses .
The Consultant provided a status report to the Police
Station Ad Hoc Committee on 2- 12-88 .
We recommend that the proposed Agreement be approved .
2/ 15/88
1 RESOLUTION N0 .
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH STEINMANN , GRAYSON , SMYLIE , INC .
3 RELATING TO PROVIDING PROFESSIONAL FACILITY PLANNING SERVICES IN
CONNECTION WITH PREPARATION OF A SPACE AND SITE STUDY FOR A NEW
4 POLICE STATION .
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
`' CITY OF SAN BERNARDINO AS FOLLOWS :
G SECTION 1 . The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute , on behalf of said
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City , an agreement with Steinmann , Grayson , Smylie , Inc . , relating
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to the provision of professional facility planning services in
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connection with preparation of a space and site study for a new
11 Police Station , which agreement is attached hereto , marked
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Exhibit "A" and incorporated herein by reference as fully as
13 though set forth at length .
14 SECTION 2 . The agreement shall not take effect until
15 fully signed and executed by both parties . The City shall not be
16 obligated hereunder unless and until the agreement is fully
17 executed and no oral agreement relating thereto shall be implied
18 or authorized .
19 I HEREBY CERTIFY that the foregoing resolution was duly
20 adopted by the Mayor and Common Council of the City of San
21 Bernardino at a meeting thereof , held on the
22 day of __, 1988 , by the following vote , to-wit :
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AYES : Council Members
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ABSENT :
2/ 15/88
RESOLUTION: AUTHORIZ11'q AN AGREEMENT WITH STEINMANN, GRAYSON,
SMYLIE, INC. PROVIDII PROFESSIONAL CILITY PLANNING SERVICES
CONNECTION WITH PREPARATION OF A SPACE AND SITE STUDY FOR A NEW
POLICE STATION
City Clerk
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3 The foregoing resolution is hereby approved this day
4 of _ 1988 .
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G Mayor of the City of San Bernardino
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8 Approved as to form
and legal content :
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11 C ' Attorney
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AGREEMENT
THIS AGREEMENT is made and entered into, in duplicate, the
day of , 1988 by and between STEINMANN, GRAYSON,
SMYLIE, INC. , a California corporation, with a place of business
at 6310 San Vicente Boulevard, Suite 550, Los Angeles, California
90048, hereinafter referred to as the "CONSULTANT" , and the City
of San Bernardino, California, hereinafter referred to as the
"CLIENT" .
WHEREAS, CLIENT requires professional facility planning
services to be performed in connection with the preparation of a
space and site study for a new police station; and
WHEREAS, CLIENT desires to have CONSULTANT perform said
professional consulting services, and CONSULTANT is willing to do
so;
NOW, THEREFORE, in consideration of the mutual terms and
conditions hereinafter set forth, it is agreed as follows:
1. SCOPE AND TIME OF WORK. CONSULTANT agrees to perform
for CLIENT the consulting services more particularly set forth in
Exhibit A, attached hereto and hereby incorporated herein and
made a part hereof by reference, said consulting services to be
completed by CONSULTANT for CLIENT within the time and in
accordance with the schedule set forth in Exhibit B, attached
hereto and hereby incorporated herein and made a part hereof by
reference.
2. COORDINATION AND ORGANIZATION. CONSULTANT shall
coordinate the work with CLIENT' s project manager. CONSULTANT
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shall advise and inform CLIENT' s project manager of the work in
progress on the Project in sufficient detail so as to assist
CLIENT' S Project Manager in making presentations and in
conducting essential informational exchange meetings. If
CONSULTANT is delayed at any time in the performance under this
agreement by any act or neglect of CLIENT, its officers, agents
or employees, or by any Change Order or Change Orders initiated
hereunder, as determined by the Project Manager in the exercise
of his sole discretion, the time of the contract shall be
extended by the amount of such delay and CONSULTANT shall be
compensated for its cost related to such delay.
If CONSULTANT is delayed at any time in the performance of
the work to be performed under this Agreement by labor disputes,
fire, unusual delay in transportation, unavoidable casualties or
any cause beyond CONSULTANT' s control, as determined by CLIENT' s
project consultant in the exercise of his sole discretion, then
the time for performance of any act hereunder shall be extended
by the amount of such delay. CLIENT shall not be required to pay
any additional monies as a result .of such delay.
3. DATA AND WORK FURNISHED BY CLIENT. CLIENT shall
furnish to CONSULTANT the data and shall perform the work more
particularly set forth in Exhibit C, attached hereto and hereby
incorporated herein and made a part hereof by reference.
4 . PAYMENT. CLIENT shall make payment to CONSULTANT for
consulting services performed by CONSULTANT hereunder within
thirty (30) days following receipt from CONSULTANT by CLIENT of
monthly invoices therefor, in the amounts and at the times set
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forth below in Exhibit D, attached hereto and hereby incorporated
herein and made a part hereof by reference. CONSULTANT may
submit its standard form invoice for the monthly billing .
CLIENT shall have ten (10) days following date of
submission of any invoice within which to challenge any item
contained therein. Such challenge shall be in writing to
CONSULTANT. CONSULTANT shall thereafter have ten (10) days in
which to respond, in writing, to such challenge. Final
determination as to any dispute arising hereunder shall be made
by the Public Works/Engineer of the City of San Bernardino or his
designee. CONSULTANT shall have the right of appeal from such
decision pursuant to San Bernardino Municipal Code Chapter 2 . 64 .
5 . INDEPENDENT CONTRACTOR. Neither CLIENT nor any of its
employees shall have any control over the conduct of CONSULTANT
or any of CONSULTANT' s employees, and CONSULTANT expressly
warrants not to, at any time, or in any manner, represent that
CONSULTANT, or any of CONSULTANT' s agents, servants or employees,
are in any manner agents, servants or employees of CLIENT, it
being distinctly understood that CONSULTANT is and at all times
shall remain as to CLIENT, a wholly independent contractor and
that CONSULTANT' S obligations to CLIENT are solely such as are
prescribed by this Agreement . Neither CONSULTANT nor any of its
employees shall be entitled to retirement benefits, insurance or
workers ' compensation or any other fringe benefits of CLIENT.
6. ASSIGNMENT AND SUBCONTRACTING. This Agreement
contemplates the personal services of CONSULTANT and CONSULTANT' S
employees. Neither this Agreement nor any interest therein may
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be assigned by CONSULTANT, except that CONSULTANT may, upon
written consent of CLIENT, obtain in advance or assign any monies
due, or to become due, the CONSULTANT hereunder . Furthermore,
CONSULTANT shall not subcontract any portion of the performance
contemplated and provided for herein without the prior written
approval of CLIENT. Nothing herein contained is intended to or
shall be construed as preventing CONSULTANT from employing or
hiring as many employees as the CONSULTANT may deem necessary for
the proper and efficient execution of this agreement.
7. INDEMNITY. CONSULTANT shall defend, indemnify and hold
free and harmless CLIENT, its Boards and its officers and
employees against any and all loss or liability, for claims that
may occur or arise as a result of any negligent error or omission
of CONSULTANT, under this Agreement.
8. CHANGES AND EXTRA SERVICES.
A. CLIENT may make, with the prior consent and approval of
CONSULTANT, changes within the consulting services to be
performed under this Agreement. Change orders shall be in
writing and state:
(1) the dollar value of the change or establish method of
payment;
(2) any adjustment in contract time and,
(3) when negotiated prices are involved, shall provide for
CONSULTANT' S signature indicating acceptance.
(4) a description of the manner in which the scope of work
then in effect is affected by the change.
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B. If CONSULTANT estimates that any proposed change causes
an increase or decrease in the cost and/or the time required for
performance of this Agreement, CONSULTANT shall so notify CLIENT
of that fact. Any such notification by CONSULTANT must be
provided within fifteen (15) days from the date of receipt by
CONSULTANT of CLIENT' S written notification of a proposed change.
CONSULTANT may initiate such notification upon identifying a
condition of the change which may alter the specific Scope of
Work agreed to on the effective date of this Agreement as set
forth in the Exhibits herein, or as subsequently modified and
agreed to as provided herein.
C. CLIENT may request CONSULTANT to perform additional
services not covered by the specific Scope of Work as set forth
in the Exhibits herein and CONSULTANT shall perform such extra
services and will be paid for such extra services as specified in
the change order mutually agreed to, and signed by the parties
hereto, and made a part of this Agreement . CLIENT shall not be
liable for payment of any extra services nor shall CONSULTANT be
obligated to perform any extra services except upon such prior
written amendment .
9 . TERMINATION
(A) FOR CAUSE Agreement may be terminated by either party
hereto upon ten (10) working days prior written notice to the
other party hereto in the event of substantial failure by said
other party to perform in accordance with the terms of this
Agreement through no fault of the terminating party.
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In the event of termination, CONSULTANT shall be
compensated for all services performed and, cost incurred up to
the effective date of termination, for which CONSULTANT has not
been previously compensated. If the termination is for reasons
other than failure on the part of CONSULTANT, as determined by
the project manager, CONSULTANT shall in addition be entitled to
termination expenses reasonably incurred and properly accounted
for . Upon receipt of notice of termination from CLIENT,
CONSULTANT shall immediately stop its services, unless otherwise
directed, and deliver to CLIENT all data, drawings, reports,
estimates, summaries and such other information and materials as
may have been accumulated by CONSULTANT in the performance of
this Agreement, whether completed or in process, that are the
property of CLIENT as set forth in Paragraph 10 hereof.
(B) FOR CONVENIENCE.
Notwithstanding any other provision of this Agreement, the
CLIENT, by notifying CONSULTANT in writing, may terminate all or
a portion of the services agreed to be performed under this
Agreement with or without cause. CONSULTANT shall be give thirty
(30) days ' written notice if termination is for reasons other
than CONSULTANT' S failure to perform. Notice shall be by mail
posted to the address set forth herein for the receipt of
notices . Upon the occurrence of any such termination, each party
shall have the same risks and obligations, specifically with
respect to payment and ownership of documents, as set forth in
Section A immediately above.
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100%A
10. OWNERSHIP OF DOCUMENTS. All reports as well as
original reproducible drawings, plans, studies, memoranda,
computation sheets, proposals and other documents assembled or
prepared by CONSULTANT, or furnished to CONSULTANT by CLIENT,
shall, upon final completion of the Project or termination of
this Agreement, become the property of the CLIENT. However,
CONSULTANT shall be paid for all services rendered pursuant to
this Agreement prior to the transfer of possession, except that
CONSULTANT shall not, under any circumstances, withhold such
documents in such manner as to unreasonably delay completion of
the project where this Agreement is terminated before completion
of the project. Proprietary computer software and specialized
forms or spreadsheets developed or employed by CONSULTANT shall
remain the property of CONSULTANT.
11. CONFIDENTIALITY . All reports, drawings, plans,
studies, memorandum, computation sheets, proposals and other
documents assembled or prepared by CONSULTANT, or furnished to
CONSULTANT by CLIENT in connection with this Agreement, to the
maximum extent permitted by law, shall be held in strict
confidence as between CLIENT and CONSULTANT and neither party
shall disseminate, disclose or otherwise transmit such documents
to any third party without the express written consent of the
other party which shall not be unreasonably withheld if such
dissemination, disclosure or other transmittal is necessary for
the performance of the parties under this Agreement.
Dissemination, disclosure or other transmittal of these documents
by CLIENT to any third party shall only be as permitted by law
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and only to the extent the parties by this Agreement cannot,
under law, maintain the confidentiality of these documents and
prohibit their disclosure to third parties. Any documents which
by law are part of the public domain and available for inspection
by third parties and cannot be held in strict confidence between
CONSULTANT and CLIENT may be disseminated, disclosed or
otherwise transmitted by CLIENT to third parties.
12 . STANDARDS OF PROFESSION. CONSULTANT shall perform the
services under this Agreement in accordance with the standards of
the profession. CONSULTANT shall be responsible for its own work
and results under this Agreement and that of its agents,
employees and subcontractors, but shall not be responsible for
the work and results of work of CLIENT, or CLIENT' S employees,
agents, servants or other CONSULTANTS.
13. NOTICES. Any notices to be given under this Agreement
shall be given by enclosing the same in a sealed envelope,
postage prepaid, and depositing the same in the United States
Postal Service, addressed to CONSULTANT at its address and to the
CLIENT at its address as follows:
CONSULTANT CLIENT
Steinman, Grayson, Smylie, Inc. Roger D. Hardgrave
6310 San Vicente Blvd. , Ste. 550 Director of Public Works
Los Angeles, CA 90048 City of San Bernardino
City Hall
300 No. "D" Street
San Bernardino, CA 92418
14 . INSURANCE.
(a) CONSULTANT shall provide and maintain in full force
and effect while operating under the terms of this Agreement, a
comprehensive liability policy which shall include bodily injury,
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automobile liability and property damage coverage. The minimum
limits for this coverage shall be $1 , 000.00 combined single limit
for liability and $100,000 for property insurance.
(b) CONSULTANT shall provide and maintain in full force
and effect while operating under the terms of this Agreement a
worker ' s compensation insurance and employer ' s liability policy.
The minimum limits of such coverage shall be that is prescribed
by law.
15. EMPLOYMENT PRACTICES. In the performance of this
Agreement, CONSULTANT shall not discriminate against any person
upon the basis or race, color, creed, national origin or sex, and
CONSULTANT shall comply with all non-discrimination and
affirmative action programs required by any State and/or Federal
agency providing funds for the Project .
16. WAIVER OF BREACH. Waiver of the right to pursue any
remedies for breach of any obligation or condition hereunder
shall not be deemed to be a waiver of the right to pursue any
remedy for any other breaches.
17 . SCOPE OF AGREEMENT. This is the entire agreement
between the parties and there are no agreements or
representatives between the parties except as expressed herein.
This Agreement may be amended only by written instrument signed
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AGREEMENT WITH STEIIIMANN, GRAYSON, SMYLIE, INC. RE: POLICE
STATION SPACE & SI1 STUDY
by both CONSULTANT and CLIENT.
CITY OF SAN BERNARDINO STEINMANN, GRAYSON, SMYLIE, INC.
a California Corporation
By - - BY __ ---------- -----
Mayor Garner V. Grayson III
Principal
"CLIENT" "CONSULTANT"
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1988 ------ ---------_ • 1988
ATTEST:
City Clerk —
Approved as to form and
legal content:
/ti-ty Attorney
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