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HomeMy WebLinkAboutA6465 - URRUTIA AIA & ASSOCIATES - ARCHITECTURAL CONSULTANT SERVICES FOR POLICE DEPARTMENTAMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT NO. 6465 WITH URRUTIA A.A.A AND ASSOCIATES, INC., POLICE DEPARTMENT REMODEL REBID CITY PROJECT NO 15-05 THIS SIX AMENDMENT to the Contract Services Agreement No. 6465 for extended construction administration services for the Police Department Remodel Rebid Project is made and entered into on 2019 by and between the City of Palm Springs, a California charter city and municipal corporation (hereinafter referred to as the "City"), and Urrutia A.I.A and Associates, Inc. (hereinafter referred to as the "Consultant") collectively, the "Parties". RECITALS A. City and Consultant previously entered into that Professional Services Agreement No. 6465 for the Design Services related to the Police Department Remodel ("Agreement"). B. City and Consultant desire to amend the Agreement (Amendment #6) for Extended Construction Administration services for the Police Department Remodel Rebid, City Project No. 15-05 pursuant to the Scope of Services and Schedule of Compensation in Exhibit "A-1" C. Agreement No. 6465 is hereby extended for the period of one (1) year. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Six (6) Amendment. SECTION 2. Section 1.1 "Scope of Services" of the Agreement is hereby amended as follows: "In compliance with all terms and conditions of this Agreement, Consultant shall provide extended construction administration services for the Police Department Remodel Rebid, City Project No. 15-05, to the City as described in the Scope of ServicesAA/ork attached to this Agreement as Exhibits "A-1" and incorporated by reference (the "services" or "work"). Exhibit "A-1" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern." ORIGINAL BID AND/OR AGREEMENT n ; —.' - ofi': Dr^: ^ n y ^ "•r .' V ^ i6i;':';A j; H'-:.. - A'AA-A\/\;A A - •■' .•• j "i . • : .-... : '•• : f 'L ru' V - ■ O O > - - :: ■' ■'■'^ "'il . •; -A :^-a- • r •« i.;{t'0!' ••• . .-■ .i IC 5'^^i : ■ ^ ■; .1!'! .J . '■(.> ;■■ : ':»•; liH-'f: ^ ,C"0"i 1.*.' ^ t'; ;; ■ /'. v.'v i _ . • :j'j- .Vir ?■ ^ ■„ ; •. rO-i-iO^uKit'-B fi-'Ai »rHv; r ' I • . ■••(' • .1 ■-■■ /'•■ : ■■ ■.■> , 0. =: .-V '■ ■ c •' J -y.- ■'' y'-: 'Oi> ' '■ ■ •' . ..^.•;; •'. ;>' >> ; . ■ sTy\i ■■}. : ■ ■.■ .■: ^ ^ .'•{ '' y' ': ■ ...;,■ vV^ .!! ; .' ; . ^Laid tmu SECTION 3. Section 2.1 "Maximum Contract Amount" of the Agreement is hereby amended as follows: "Consultant shall be compensated and reimbursed for the services rendered under this Amendment No. 6 in accordance with the schedule of fees set forth in Exhibit A-1 and additional services as necessary for a total amount not to exceed $60,000.00". SECTION 3. Section 9.3 "Covenant Against Discrimination" of the Agreement is hereby amended as Follows: "In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting." SECTION 4. Professional Services Agreement (A6465), unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 6 and any provisions of the Professional Services Agreement (A6465), the provisions of this Amendment No. 6 shall in all respects govern and control. SECTION 5. The persons executing this Amendment No. 6 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 Amendment No. 6 on behalf of said party, (iii) by so executing this Amendment No. 6, such party is formally bound to the provisions of this Amendment No. 6, and (iv) the entering into this Amendment No. 6 does not violate any provision of any other agreement to which said Party is bound. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below. ATTEST: Bv /I ^ Anthony J. Mejia, City Clerk — Date: APPROVED AS TO FORM: City Attorney Date: M /< / Date: "CITY" CITY OF PALM SPRINGS, CA. David H. Ready, wiryivianager Date:^ \^PROVED BY CtTY COUNCIL "CONSULTANT" Urrutia A.I.A and Associatt Date: JOMuoa vns va oavoaW:, J'''•■! A'frnTti" I-fil l fhiiii ' ^ - ^ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notaty public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of, On W\0^v<J^ 1^. Date ) before me, personally appeared ^=L [0'/cv[<-<- , Vob\ I c' Here Insert Name and Title o/the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(^-whose name(s^;ji^re subscribed to the within instrument and acknowledged to me tha(^|2fehe/they-executed the same in (J^hefi^heir authorized capacltyO®^, and that by^hj^ei^their signature(^on the instrument the person^s), or the entity upon behalf of which the person^s^cted, executed the instrument. FLORENCE M JENKINS Commission # 2132795 Notary Pubiic - California Riverside Cour.'y My Comm. Expires Nov 6 2"" 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand andjjfficial s^l Signature. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Number of Pages: Slgner(s) Other Than Named Above: Capaclty(les) Claimed by Signer(s) ^ Signer's fvlame: Doc Signer's Nam ument Date: LI Corporate Officer — Title(s):□ Partner — □ Limited □ General□ Individual □ Attoipeyin Fact□ Trustee □ ^a^dian or Conservator n Other: Signer Is Representing ^ e: □ Corporate Officer — Title(s): □ Partner — □ Limited □ General □ Individual □ Attorney in Fact (.T Trustee □ Guardian or Conservator LI Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-8Q0-US NOTARY (1-800-876-6827) Item #5907 jACORD MARKARC-01 CERTIFICATE OF LIABILITY INSURANCE AUSTINA DATEiMUnimYY) 03/27/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIHCATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcyfles) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsemenL A statement on this certificate does not confer rights to the cettlflcate holder In Hou of such endorsementis). PRODUCER License # 0E67768 IDA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 INSURED Marks Architects. Inc. dba Urrutla Mart(s ArchHscts 2643 4th Avenue San Diego, CA 92103 c^j{2|ACT Elizateth Tenuto Ert): (858) 754-0071 ioif4kss: Elizabeth.Tenuto@loausa.com 1N8URER(81 AFFORDIWO COVERAGE INSURER A :RU Insurance Company INSURER B: Arch Insurance Company INSURER C: INSURER D: INSURER E: INSURER F: PAX (A/C.NO): NAIC0 .13056 11150 COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSR UE THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIRCATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXaUSIONS AND CONDITIONS OF SUCH POLICIES. LIMjTSSHOWN MAY HAVE BEEN REDUCED^ PWD CLAIMS. TYPEOFIMSURAMCE gg POUCY NUMBER uurrs A X COMMERCIAL GEKERALLIABtUTY CLAIMSMAOE X OCCUR X i Cont UalVSev of Int GEN-L AGGREGATE UMn APPUES PER: IOC PSB0005166 02/28/2019 02/28/2020 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea oecurrenca). 2,000,000 MED EXP (Any ooo pcrton) ^ S PERSONAL & AOV INJURY. . S GENERAL AGGREGATE . S S s PRODUCTS- COMP/OP AGO Deductible 1,000,000 10,000 2,000,000 4,000,000 4,000,000 0 AUTOMOKLE UABtUTY AMY AUTO OWNED AUTOS ONLY PSB0005166 02/28/2019 02/28/2020 . Aii^OKLY SCHEDULED AUTOS COMBINED SINGLE LMIT lEa.acciUeflU BODILY INJURY (Per pcfson) BODILY INJURY (Per acci<tert) S raOPERTY DAMAGE {Perawdem) ,S 2,000,000 UMBRELLA UAB EXCESS UAB OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE RETENTION S . S ; S : s WORKERS COMPENSATION AND employers: UABiUTY ANY PROPRIETORIPARTNER/EXECUTIVE II yes. de«cnbo uiiUer DESCRIPTION OF OPERATIONS bdew YiN X PSWG004566 HIA 04/01/2019 02/28/2020 PER JSTATUTE n OTH- . ER__ E L EACH ACCIDENT ^ E L DISEASE • EA EMPLOYEE 5 E.L. DISEASE - POLICY UMIT I S 1,000,000 1,000,000 1,000,000 B jProfLiab/CImsMade B Ded.: $15K Per Claim IPAAEP0093201 PAAEP0093201 02/28/2019 02/28/2019 02/28/2020 02/28/2020 Per Claim Aggregate 1,000,000 1,000,000 DESCRIPTION OP OPERATIONS I LOCATIONS 'VEHICLES (ACOR0101, AdUtUonsI Ranuita Schedule, may be etuched ft more cpece Is required) Re: City Police Department Remodel Project The City of Palm Springs, It's officials, employees and agents are Additional Insureds with respect to General/Hired & Non-Owned Auto Uabittty par the attached endorsement as required by written contract Insurance Is Primary and Non-Contributory. Waiver of Subrogation applies to Wortcers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Palm Springs 3400 E. Tahquitz Canyon Way, Suite OPC Jalrn Springs. CA 92262 — AUTHORIZED REPRESENTATIVE AllACORD 25 (2016/03)rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Marks Architects, Inc. Policy Number PSB0005166 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies Insurance provided under the following; BUSINESSOWNERS COVERAGE FORM - SECTION II - LIABILITY 1. C. WHO IS AN INSURB} is amended to include as an additional insured any person or organization that you agree In a contract or agreement requiring insurance to include as an additional Insured on this policy, but only with respect to liability for "bodily injury*, "property damage" or "personal and advertising injury* caused in whole or in part by you or those acting on your behalf; a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product-completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This Insurance does not apply on any basis to any person or organization for which coverage as an additiorral insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to rerxler any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION ill H.2. Other Insurance - COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this Insurance is primary to other Insurance that is available to such additional insured which covers such additional insured as a named insured, and we wilt not share with that other insurance, provided that: a. The "bodily injury" or **property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us - COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION (I - LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", '*property damage" or "personal and advertising injury*' arising out of *'your work" performed by you, or on your tiehalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the '*personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB304 0212 Page 1 of 1 Policy Number: PSB0005166 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. RLIPack® HIRED AUTO AND NON-OWNED AUTO LIABILiTY This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Schedule Coverage Additional Premium Limit of Insurance A. Hired Auto Liability $ 85 $1,000,000 Per Occurrence B. Non-owned Auto Liability $ Included $1,000,000 Per Occurrence A. Insurance is provided only for those coverages for which a specific premium charge is shown in the Declarations or in the Schedule. 1. Hired Auto Liability The insurance provided under Paragraph A.I. Business Liability in SECTION II - LIABILITY applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired auto" tjy you or your "employees" in the course of your business. 2. Non<owned Auto Liability The insurance provided under Paragraph A.I. Business Liability in SECTION II - LIABILITY applies to "bodily injury" or "property damage" arising out of the use of any "non-owned auto" in your tjusiness by any person. B. For insurance provided by this endorsement only: 1. The exclusions under Paragraph B.1. AppIL cable To Business Liability Coverage in SECTION II - LIABILITY, other than Exclusions a., b., d., f. and I. and the Nuclear Energy Liability Exclusion, are deleted and replaced t^ the following: a. "Bodily injury" to: (1) An "employee" of the insured arising out of and In the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or 2. (2) The spouse, child, parent, brother or sister of that "employee" as a conse quence of Paragraph (1) atx>ve. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) "Bodily injury" arising out of and in the course of domestic employment by the insured unless benefits for such injury are in whole or in part either payable or required to be provided under any work ers' compensation law. b. "Property damage" to: (1) Property owned or being transported by. or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. Paragraph C. Who is An Insured in SECTION II - LIABILITY is replaced for the purposes of this endorsement by the following: 1. Each of the following is considered an insured to the extent that it is: a. You; PPB321 11 10 Page 1 of 2 Policy Number: PSB0005166 RLI Insurance Company b. Any other person using a "hired auto" with your permission; c. For a "non-owned auto": (1) Any partner or "executive officer" of yours; or (2) Any "employee" of yours; but only while such "non-owned auto" is t)eing used in your business; and d. Any other person or organization, but only for their liability because of acts or omissions of an insured under a., b. or c. above. However, none of the following is an insured: a. Any person engaged in the business of his or her employer for "bodily injury" to any co-"employee" of such person in jured in the course of employment, or to the spouse, child, parent, brother or sis ter of that co-"employee" as a conse quence of such "bodily injury", or for any obligation to share damages with or re pay someone else who must pay dam ages brecause of the injury; b. Any partner or "executive officer" for any "auto" owned by such partner or officer or a member of his or her household; c. Any person while employed in or othenA/ise engaged in duties in connection with an "auto business", other than an "auto business" you operate; d. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner of a "non-owned auto" or any agent or "employee" of any such owner or lessee; or e. Any person or organization for the con duct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. C. Limit of Insurance The Limit of Insurance under this endorsement is shown in the schedule above. The Limit of Insurance will apply separately to each "occurrence" resulting from Hired Auto Liability or Non-owned Auto Liability. For Hired Auto Liability and Non-owned Auto Liability covered by this endorsement, the Limit of Insurance is the most we will pay for the total of all damages resulting from any one "occurrence" regardless of the numljer of: a. Insureds; b. "Autos"; c. Claims that are made or "suits" that are brought; or d. Persons or organizations making claims or bringing "suit". D. For the purposes of this endorsement only. Para graph H. Other Insurance in SECTION III - COM MON POLICY CONDITIONS is replaced by the following: This insurance is excess over any other valid and collectible insurance, whether primary or excess, covering the "hired auto" or "non-owned auto". E The following additional definitions apply: 1. "Auto business" means the business or occu pation of selling, repairing, servicing, storing or parking "autos". 2. "Hired auto" means any "auto" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", your partners or your "executive officers" or members of their households. 3. "Non-owned auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "autos" owned by your "employees", your partners or your "executive officers", or members of their households, but only while used in your business or your personal affairs. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Pf3B321 11 10 Page 2 of 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4^4) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are party to a contract that Jobs performed for any person or organization that you requires you to obtain this agreement, provided you executed have agreed with in a written contract to provide this the contract before the loss. agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information lielow is required only when this endorsement Is Issued subsequent to preparation of the policy.) Policy Number: PSW0004566 Insured Insurance Company Marks Architects, Inc. RLI Insurance Company Countersigned By @1998 by the Workers' Compensation insurance Rating Bureau of Catifornia. All rights reserved.