HomeMy WebLinkAbout3/21/2001 - STAFF REPORTS (17) DATE: March 21, 2001
TO: City Council
FROM: Procurement Manager, Police Chief and City Engineer
AWARD CONTRACT TO JOHN R. TRUEBLOOD, ARCHITECT, TO PROVIDE DESIGN
SERVICES
RECOMMENDATION:
It is recommended that the City Council award a contract to John R. Trueblood,
Architect, to provide architectural design services for Palm Spring Police Department
for a Firing Range Maintenance/Storage room in the amount of $5,920.00, plus
maximum reimbursable costs of $500, with a total contract amount not to exceed
$6,420.00
SUMMARY:
When the Police Firearms Range facility was constructed in 1977, very limited
maintenance/storage space was included in the original design. With the expansion of the
Firearms Safety Course, which is open to the public, as well as outside law enforcement
agencies,the need for maintenance/storage space has increased significantly. A storage and
maintenance room is needed immediately adjacent to the firing line to increase efficiency and
improve services provided at this facility.
BACKGROUND:
The Palm Springs Police Firearms Range facility was constructed in 1977. No storage space
was included in the original design other than what was provided with the Control Room
cabinetry and counter tops. Since that time, the Firearms Training Program has greatly
expanded to include not only our own Department, but several outside law enforcement
agencies as well who contract for use of the Range. Additionally, the Range provides a very
successful Firearms Safety Course that is open to the public. These programs bring in
additional revenues for the City to help offset the cost of maintaining such a widely used and
efficiently run facility. With all of this increased activity, the need to store and maintain
additional equipment, supplies, target materials, and ammunition has also increased
significantly. One major item of equipment used is the Cinetronic Firearms Judgement
Simulator. This is used not only by our agency but by the contracted agencies as well. Due
to the size of the equipment and screen, it cannot be stored on the Range presently while
other shooting courses are conducted, due to lack of storage space. It must be assembled
(about six hours of work) and disassembled (about three hours work) each time it is used,
resulting in the system being used less than it should or could be utilized. An adjacent storage
room with access to the firing line would allow this equipment to be maintained in an
assembled condition, and allow for more frequent use, resulting in more effective training. A
maintenance work space is also needed for repairing and adjusting target system equipment.
A storage and maintenance room, immediately adjacent to the firing line, is needed to enhance
our existing facility and improve services. An approved amount of$48,000 currently exists in
Capital Projects Police Improvement Program specifically for this project.
The architectural services to be provided consist of design of a single-story
maintenance/storage room, approximately 40 feet long by 10 to 12 feet wide, to be
constructed along the south side of the Department's existing firing range facility at the Palm
&A
PAGE 2
TRUEBLOOD ARCHITECURAL DESIGN SERVICES
Springs Police Headquarters at 200 S. Civic Drive.. The exterior walls of the addition
will be similar to existing surfaces. The interior of the room will not be finished other
than an unpainted gypsum board ceiling. The room will have an entry from the existing
firing range and another door to the exterior. The interior space will be lighted and air
conditioned.
Funds for this purpose are available in Account# 261-3200-52019 (Capital Projects
Police Improvement Program).
kv-PA A
HAROLD E. GOOD LEE WEIGEL
Procurement Manager Chief of Police
APPROVED: APPROVED:
City Manager DAVID BARAKIAN,
City Engnieer
Attaclunents: (1)Minute Order
EW BY Kff.OF RWCE
(2)Cy of Contract
1�
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
ARCHITECTURAL DESIGN
PALM SPRINGS POLICE DEPARTMENT
FIRING RANGE MAINTENANCE/STORAGE ADDITION
THIS CONTRACT SERVICES AGREEMENT(herein "Agreement"), is made and entered into
this day of , 2001, by and between the CITY OF PALM SPRINGS, a
municipal corporation,(herein"City')and JOHN R.TRUEBLOOD, ARCHITECT(herein"Contractor").
(The term Contractor includes professionals performing in a consulting capacity.)
NOW, THEREFORE,the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
the Contractor shall perform the work or services set forth in the "Scope of Services"attached hereto as
Exhibit"A"and incorporated herein by this reference. Contractor warrants that all work and services set
forth in the Scope of Services will be performed in a competent,professional and satisfactory manner.
1.2 Compliance with Law. All work and services rendered hereunder Shall be
provided in accordance with all ordinances,resolutions, statutes,rules, and regulations of the City and any
Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses,Permits.Fees and Assessments. Contractor shall obtain at its sole cost
and expense such licenses,permits and approvals as may be required by law for the performance of the
services required by this Agreement.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor
shall be compensated in accordance with the "Schedule of Compensation&Performance"attached hereto
as Exhibit'B"and incorporated herein by this reference, but not exceeding the maximum contract amount
of Six Thousand Four Hundred Twenty Dollars($6,430.00)
2.2 Method ofPavment. Provided that Contractor is not in default under the terms of
this Agreement, Contractor shall be paid as outlined in Exhibit `B", Schedule of Compensation &
Performance.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. John R.Trueblood is hereby designated as being
the principal and representative of Contractor authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
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3.2 Contract Officer. James A. Heazlett. Commander Investigations Division. Palm
Springs Police Department is hereby designated as being the representative the City authorized to act in
its behalf with respect to the work and services specified herein and make all decisions in connection
therewith("Contract Officer"). The City Manager of City shall have the right to designate another Contract
Officer by providing written notice to Contractor.
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract
with any entity to perform in whole or in part the work or services required hereunder without the express
written approval of the City. Neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of City. Any such
prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees shall have any
control over the manner, mode or means by which Contractor, its agents or employees, perform the
services required herein, except as otherwise set forth. Contractor shall perform all services required
herein as independent contractor of City and shall remain under only such obligations as are consistent
with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City.
4.0 INSURANCE AND INDEMNIFICATION
4.1 Insurance. The Contractor shall procure and maintain,at its sole cost and expense,
in a form and content satisfactory to City,during the entire term of this Agreement including any extension
thereof; the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of comprehensive
general liability insurance written on a per occurrence basis in an amount not less than either (i) a
combined single limit of$1,000,000 or(ii) bodily injury limits of$500,000 per person, $1,000,000 per
occurrence and$1,000,000 products and completed operations and property damage limits of$500,000
per occurrence. If the Contract Sum is greater than$100,000,the policy of insurance shall be in an amount
not less than$5,000,000 combined single limit.
(b) Worker's Cpmpensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which shall
indemnify,insure and provide legal defense for both the Contractor and the City against any loss,claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by or any
persons retained by the Contractor in the course of carrying out the work or services contemplated in this
Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not less than either(i)bodily injury liability limits
of$500,000 per person and$1,000,000 per occurrence and property damage liability limits of$250,000
per occurrence and$500,000 in the aggregate or(ii) combined single limit liability of$1,000,000. Said
policy shall include coverage for owned, non-owned, leased and hired cars.
(d) Additional Insurance. Policies of such other insurance, including professional
liability insurance, as may be required in the Scope of Services, Exhibit"A".
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All of the above policies of insurance shall be primary insurance and shall name the City, its
officers, employees and agents as additional insureds, except that the City shall not be named as an
additional insured for the Worker's Compensation Insurance nor Professional Liability Insurance. The
insurer shall waive all rights of subrogation and contribution it may have against the City, its officers,
employees and agents and their respective insurers. All of said policies of insurance shall provide that said
insurance may not be amended or canceled without providing thirty (30) days prior written notice by
registered mail to the City. In the event any of said policies of insurance are canceled,the Contractor shall,
prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to
the Contract Officer. No work or services under this Agreement shall commence until the Contractor has
provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above
insurance coverages and said Certificates of Insurance or binders are approved by the City.
The Contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in
any way the extent to which the Contractor may be held responsible for the payment of damages to any
persons or property resulting from the Contractor's activities or the activities of any person or persons for
which the Contractor is otherwise responsible.
The insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated"A"or better in the most recent edition of Best Rating Guide,
The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or
better, unless such requirements are waived by the City Manager or designee of the City due to unique
circumstances.
4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against,and will hold and save them and each of them harmless from, any and all actions, suits,
claims,damages to persons or property,losses,costs,penalties, obligations,errors, omissions or liabilities,
including paying any legal costs,attorneys fees, or paying any judgment(herein "claims or liabilities")that
may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent
performance of the work or services of Contractor, its agentsq�mployces, subcontractors, or invitees,
provided for herein,or arising from the negligent acts or omissions of Contractor hereunder, or arising from
Contractor's negligent performance of or failure to perform any term,provision,covenant or condition of
this Agreement, but excluding such claims or liabilities to the extent caused by the negligence or willful
misconduct of the City
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this
Agreement shall continue in full force until January 1, 2002.
5.2 Termination Prior to Expiration of Tenn. Either party may terminate this
Agreement at any time, with or without cause, upon thirty(30) days' written notice to the other party.
Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services
hereunder except as may be specifically approved by the Contract Officer. In the event of termination by
the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness
of the notice of termination and for such additional services specifically authorized by the Contract Officer
and City shall be entitled to reimbursement for any compensation paid in excess for he services rendered.
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6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color, creed,
religion,sex,marital status,national origin, or ancestry in the performance of this Agreement. Contractor
shall take affirmative action to insure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, marital status, national origin, or
ancestry.
6.2 Non-liability of City Officers and Employ. No officer or employee of the City
shall be personally liable to the Contractor,or any successor in interest,in the event of any default or breach
by the City or for any amount which may become due to the Contractor or to its successor, or for breach
of any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which effects his financial interest or the financial interest of any
corporation,partnership or association in which he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give
any third party any money or other consideration for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail, in the case of the City,to the City
Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS,P.O.Box 2743, Palm
Springs,California 92263,and in the case of the Contractor,to the person at the address designated on the
execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in accordance with
the meaning of the language used and shall not be construed for or against either party by reason of the
authorship of this Agreement or any other rule of construction which might otherwise apply.
6.6 Integration: Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and
all previous negotiations, arrangements, agreements and understandings, if any,between the parties, and
none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
6.7 —Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs,or sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect
any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless
the invalid provision is so material that its invalidity deprives either party of the basic benefit of their
bargain or renders this Agreement meaningless.
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6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A parry's
consent to or approval of any act by the other party requiring the parry's consent or approval shall not be
deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend
or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party
in such action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgement.
6.10 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that(i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party,(iii)by so executing this Agreement, such party
is formally bound to the provisions of this Agreement, and(iv)the entering into this Agreement does not
violate any provision of any other Agreement to which said parry is bound.
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the
date first written above.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
APPROVED AS TO FORM: CONTRACTOR
BOekOne:
City Attorney Sarized)
(
individual, partnership, corporation)
John R. Trueblood
Printed Name
Mailing Address: 121 S. Palm Canyon Drive, Ste. 204
Pahn Springs, CA 9226
(END OF SIGNATURES)
FSV276/�3000I2022693.2 m00/ J)
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/6647
EXHIBIT "A"
SCOPE OF SERVICES
PROJECT: The project consists of the addition of a single story maintenance/storage room,
approximately 40 feet long by 10 to 12 feet wide, to be constructed along the south
side of the existing firing range facility at the Palm Springs Police Headquarters at 200
S. Civic Drive. The exterior walls of the addition will be similar to existing surfaces.
The interior of the room will not be finished other than an unpainted gypsum board
ceiling. The room will have an entry from the existing firing range and another door
to the exterior. The interior space will be lighted and air conditioned.
SERVICES: Contractor will provide the following services with regard to the project:
1. Review existing site conditions
2. Develop preliminary plan layout for approval.
3. Based on approved plan layout the following documents will be prepared:
a. adequate documentation for bidding and construction.
b. general construction details for foundations, floor, walls, roof.
C. HVAC system
d. electrical&lighting
e. specifications for materials and equipment (on plans).
4. Documents will be submitted for approval by the Palm. Springs Building
Department.
5. Review Contractor's submittals. .
6. Visit site to review construction progress.
-6-
EXHIBIT 'B"
SCHEDULE OF COMPENSATION&PERFORMANCE
COMPENSATION: Contractor shall be compensated monthly based on the percentage of work
completed up to the amounts shown in the following schedule:
Preliminary Services(Items 1. &2. *) $1,340.00
Construction Documents (Items 3. &4. *) 3,520.00
Construction Phase Services (Items 5. & 6 *.) 1,060.00
Total Compensation for Services $5,920.00
Maximum Reimbursable Amount 500.00
Total Compensation under this Agreement $6,420.00
PERFORMANCE: Services will be performed according to the following schedule (in calendar
days)::
Preliminary Services (Items 1. & 2. *) 10 days
Construction Documents (Items 3. &4. *) 30 days
Construction Phase Services (Items 5. & 6. *) 145 days**
• These Item numbers refer to the Scope of Work shown in Exhibit"A".
** City control of bid award and construction processes may result in the time for this activity
being extended and both parties hereby acknowledge the possible need for a longer period.
-7-
14
MINUTE ORDER NO. 6829
APPROVING CONTRACT WITH JOHN R.
TRUEBLOOD, ARCHITECT, FOR
PROVIDING ARCHITECTURAL DESIGN
SERVICES FOR PALM SPRINGS POLICE
DEPARTMENT FIRING RANGE MAINTE-
NANCE/STORAGE ROOM, FOR THE
AMOUNT OF $5,920, WITH A MAXIMUM
REIMBURSABLE AMOUNT OF $500,
TOTAL NOT TO EXCEED $6,420.
------------------
I HEREBY CERTIFY that this Minute Order, approving contract with
John R. Trueblood, architect, for providing architectural design
services for Palm Springs Police Department Firing Range
Maintenance/Storage Room, for the amount of $5,920, with a
maximum reimbursable amount of $500, total not to exceed $6,420,
was adopted by the City Council of the City of Palm Springs,
California, in a meeting thereof held on the 21st day of March, 2001.
PATRICIA A. SANDERS
City Clerk