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HomeMy WebLinkAbout06533 - URRUTIA AIA AND ASSOCIATES INC DESERT HIGHLAND GYMNASIUM HVAC REPLACEMENT/UPGRADE Kathie Hart From: Marcus Fuller Sent: Friday, March 11,2016 6:34 PM To: Kathie Hart Cc: Staci Schafer;Tabitha Richards;Carrie Rovney;Gianfranco Laurie;Savat Khamphou Subject: Re:A6533- Urrutia (Design & Engineering Services for the repl & upgrade of HVVA,C @ Desert Highl) Yes �• C.1D��C Marcus L. Fuller, PE, PILS E Assistant City Manager/City r/City Engineer City of Palm Springs ` 1 (. On Mar 11, 2016,at 2:33 PM, Kathie Hart<Kathie.Hart@paImsprinRs-ca.gov>wrote: �� 1� �1 v This project has been completed, I think. OK to close? R Amc Kathie Hart, MMC Chief Deputy City Clerk City of Palm Springs (760)323-8206 3200 E. Tahquitz Canyon Way L (760) 322-8332 Palm Springs,CA 92262 \: Kathie.Hart@Palm5prinoSCA.gov City Hall is open 8 am to 6 pm, Monday through Thursday,and closed on Fridays. 1 a CONSULTING SERVICES AGREEMENT Urrutia Architects Desert Highland Gymnasium HVAC THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement') is made and entered into on April, 8 2014, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Urrutia A.I.A. and Associates, Inc., dba Urrutia Architects, a California Corporation, ("Consultant'). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services for Mechanical Engineering and Architectural consulting firm for the replacement/upgrade of HVAC equipment for Desert Highland gymnasium located at 480 Tramview, Drive Palm Springs, CA 92262. B. Consultant has submitted to City a proposal to provide Architectural and Engineering Services, to the City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide Architectural Engineering, services to the City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" 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. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Consultant 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. 1 Revised:6116110 720599.1 r p1G1ir-1� IL) y { '!JI v! ' G't 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not exceed $ 24,950.00. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the amount of total services completed as set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 Revised:6116/10 720599.1 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of six months, commencing on April 7, and ending on October 7, 2014, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Francisco J. Urrutia. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any 3 Revised:6116/10 720599.1 decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontractin¢ or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant 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. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Francisco J. Urratia Title: Principal Urrutia Architects 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, 4 Revised:6/16/10 720599.1 and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Desien Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually"Indemnified Party'; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively"Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable 5 Revised:6/16/10 720599.1 times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 6 Revised:6116/10 720599.1 9.4 Riahts and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Le2a1 Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that 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 pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. 7 Revised:6/16110 720599.1 To City: City of Palm Springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Urrutia Architects Attention: Francisco Urrutia 165 Luring Drive Palm Desert, California 92260 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. 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 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 shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. g Revised:6116/10 720599.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. °CITY" City of Palm Springs k 1 Date: 1�•a U �IJj By: � David Ready . City Manager APPROVED BY CITY MANAGER S�kR� a4r°Wtl� �7�?J• APPROVE TO FORM: ATILg ty Clerk By: "CONSULTANT" �\ Francisco J. Urrutia Urrutia Architects 1 Date: $, �� B Fn`ncipal Francisco J. Urrutia Date: 9 Revised:6116110 720599.1 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICESAVORK Including, Schedule of Fees And Schedule of Performance 10 Revised:6116/10 720599.1 Scope of Work: The scope of work for this project will consist of replacing mechanical systems in the gymnasium at Desert Highland, including structural, mechanical, electrical and plumbing design. Architect will provide bid specifications, plans and construction administration throughout project. Scope of Services: A. Pre-Design/Site Analysis Phase - A review of existing construction documents and record drawings on file with the City indicate there are no record drawings of gymnasium on file, except for one mechanical sheet. Based on this the Architect and his consultants will be required to reconstruct the building drawings from measurements and documentation. This effort will require a minnum of two site visits to access building roof, interior and spaces, and exterior elements. A base floor plan, roof plan, and elevations will be prepared of existing facility. A partial site topo shall be prepared by a licensed surveyor of the west side of the building to document the existing grade conditions. This information will be used in designing the enclosure for equipment. Electrical and mechanical engineering shall consist of a site visit to document the existing power sources, electrical panels, and HVAC registers and systems for this area. B. Design Development Phase— Consultant shall prepare design development drawings which will consist of the following: Architectural design shall include a proposed site plan, enclosure design drawings, exterior elevations of the west side, roof plan, interior reflected ceiling plan, and proposed finish material selections. The Architect shall be responsible for the coordination of all consultants work; provide the Director of Maintenance and Facilities with drawings for review and comment; attend all meetings, including City review meetings; and scheduling of all consultant's work. C. Construction Documents and Specifications - Consultant shall prepare detailed construction documents based on the final design drawings approved by the Director of Maintenance and Facilities and City of Palm Springs Planning Department, which will consist of the following: -Title sheet with code analysis. -Partial Site Plan. -Equipment enclosure plan and details. -Exterior elevations of west side of building. -Demolition Roof Plan. Revised:6116110 720599J -Remodel Roof and Reflected Ceiling Plan and Details. -Electrical demolition plan and remodel plan. -Mechanical demolition and remodel plan. -Specifications prepared in CSI format. • Attend meetings as required. D. Project Construction Administration-Consultant shall provide professional services during the course of construction that shall include the following. Provide clarification and interpretive drawings to contractors, review and respond to RFI's from contractor. Review submitted changes in construction and cost proposed by the contractor. Process any change orders during construction phase. Review applications for payment from the contractor and make payment recommendations. Visit the job site bi-weekly to review progress of work and answer any questions the contractor may have. Document site visits with photographs and written memos which will be distributed. Review and process shop drawings and submittals. Prepare punch list during substantial completion and final punch list to close out the project. Documentation of all warranties, guarantees, and operation manuals. Compensation: Compensation for scope of services identified in section above shall be a lump sum fixed fee based as noted below: Pre - Design/Site Analysis Phase: $2,100.00. Design Development Phase: $1,800.00 Construction Documents Phase: $14,950.00. Bidding Phase: $900.00. Construction Administration $5,200.00 12 Revised:61100 720599.1 Reimbursable Expenses Reimbursable Expenses are included in the total basic compensation above actual expenditures made by the Architect and the Architects employees and consultants in the interest of the project for the exspsence listed in the following subparagraphs: (a) Long distance communications; (b) Reproductions of drawings, specifications and other documents; (c) Postage and special handling of documents; Exclusions include the following: (a) Geotecbnical reports or testing (b) Fees paid in securing approvals of authorities having jurisdiction over project. Total fixed cost of$24 950.00 13 Revised:6/16110 7205921 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insured's) 14 Revised:6116/10 720599.1 INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty(30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00)per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: X required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 15 Revised:6l16/10 7205921 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 16 Revised:6/16/10 720599.1 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 17 Revised:6116/10 720599.1 165 Luring Drive Palm Springs,CA 92262 urrurin 760.327.6800 760.327.681313 fax 10 1 1 S ' d ii i .lz design@urrutiaamhitects.com March 29, 2014 Mr. Patrick Sweeney Director of Maintenance and Facilities City of Palm Springs 425 North Civic Drive Palm Springs, CA. 92262 RE: Proposal for Professional Design and Engineering Services - Desert Highland Unity Center-HVAC Replacement/Upgrade. (REVISED 3.29.14) Palm Springs, CA. Dear Mr. Sweeney: Urrutio Architects is pleased to provide the City of Palm Springs with our proposal for professional architectural and engineering services to include the HVAC Replacement and upgrade for the Desert Highlands Unity Center Gymnasium. ScQoe of work The following is a summary of the scope of work and a description of what shall be included: Architectural: • Due to insufficient information and drawings of the existing gymnasium building, we have made the assumption that all new HVAC equipment shall be located on the ground on the west side of the building. The scope shall include the following design elements: o Design of mechanical equipment yard utilizing masonry walls and a metal chain link type roof cover to curtail vandalism. o Design of mechanical duct work enclosure that will attach to the exterior of the west side of the building. Ducts will need to extend from the equipment up the side of the building and penetrate the exterior wall into the interior space of the building, near the underside of the beams. o Prepare exterior elevations depicting the equipment and duct enclosures for City review and approval. o Prepare roof plan to show how the existing equipment will be removed and roofing patched/repaired. I i Desert Highlands Uriry Center HVAC Replacement/Upgrade Pclm springs. CA March 29,2014 o Coordinate duct runs inside building space near ceiling to maintain light fixture spacing. Structural: Design of masonry enclosure, equipment anchorage to concrete pad, cutting openings into existing masonry walls for ducts, anchorage of new ducts to exterior wall and interior ceiling. Mechanical: • Remove four (4) existing roof mounted evaporative coolers serving the gymnasium. • Remove two (2) existing suspended unit heaters serving the gymnasium. • Perform heating and cooling load calculations to determine required HVAC system siz'.ng for the gymnasium. • Design for two (2) new ground mounted high-efficiency gas and electric package units to serve the gymnasium. New units to be located on housekeeping pad on grade. • Design new ductwork air distribution system for the gymnasium with exposed sheet metal ductwork installed tight to the ceiling/roof structure to maintain maximum clearance. • Controls are proposed to be Title 24 compliant 7-day programmable thermostats. Electrical: • Complete electrical design to include load analysis of existing 400 amp main switchboard based on 12 months average kilowatt (kw) consumption. • If the existing electrical service does not have the capacity to serve the two (2) new HVAC units, the existing main switchboard will require upgrade or modification to add new 3-phase subpanel to supply power to new HVAC units. (This service will be provided as an added cost to the City under a separate agreement.i • Design to include equipment control and connection of new duct smoke detectors to existing fire alarm. Plumbing: • Disconnect and cap existing wate, and drain services to the four (4) existing evaporative coolers to be removed. • Disconnect and cap existing gas services to the two (2) existing unit heaters. • Design to include gas and condensate connections to the new HVAC units. We are assuming that the project will be subject to review by only the following agencies/departments: -2- i i I I Desert Highlands Unity Center HVAC Replacement/Upgrade Palm Springs, CA March 29,2014 c Director of Maintenance and Facilities. c City of Palm Springs Planning Department and Architectural Review Commission o City of Palm Springs Building Department o Conform to 2013 CBC codes and 2013 Title 24 requirements. I Scone of Services Based on the above Scope of Work, Urrutia Architects will provide Architectural and Engineering Services including Design and Construction Documents to include the following services: • Architectural • Structural • Electrical Engineering • Mechanical Engineering • Plumbing A. Pre-Design/Site Analysis Phase: a. Urrutia Architects and their consultants shall provide the following services: • A review of existing construction documents and record drawings on file with the City of Palm Springs indicated there are no record drawings of the gymnasium building, except for one mechanical sheet. Based on this the Architect and his consultants will be required to reconstruct the building drawings from site measurements and documentation. This effort will require a minimum of two f2) site visits to access the building roof, interor spaces, and exterior elements. A base floor plan, roof plan, and elevations will be prepared of the existing facility. • A partial site topo shall be prepared by a licensed surveyor of the west side of the building to document the existing grade conditions. This information will be used in designing the new enclosure for the equipment, i • Electrical and mechanical engineering shall consist of a site visit to document the existing power sources, electrical panels, and HVAC registers and systems for this area. B. Design Development Phase: a. Urrutia Architects shall prepare design development drawings which will consist of the following: • Architectural design shall include a proposed site plan, enclosure design drawings, exterior elevations of the west side, roof plan, interior reflected ceiling plan, and proposed finish material -3- • Desert Highlands Unity Center HVAC Replacement/Upgrade Palm Springs,CA March 29, 2014 j selections. The Architect shall be responsible for the coordination of all consultants work; provide the Director of Maintenance and Facilities with drawings for review and comment; attend all meetings, including City review meetings; and scheduling of all consultant's work. C. Construction Document Phase: a. For the purpose of this proposal, all construction documents created for this project shall be a part of a single set of construction drawings. Phasing the project was not considered in this proposal. Urrutia Architects and their consultants shall prepare detailed construction documents based on the final design drawings approved by the Director of Maintenance and Facilities and City of Palm Springs Planning Department, which will consist of the following: • Title sheet with code analysis. • Partial Sipe Plan. • Equipment enclosure plan and details. • Exterior elevations of west side of building. • Demolition Roof Plan. • Remodel Roof and Reflected Ceiling Plan and Details. • Electrical demolition plan and remodel plan. • Mechanical demolition and remodel plan. ■ Specifications prepared in CSI format. • Attend meetings as required. D. Bidding Phase: a. Urrutia Architects shall assist the City of Palm Springs in soliciting and obtaining bids from general contractors for this project through the oublic noticing process. During the course of the bidding process, if requested by the City of Palm Springs, the architect shall prepare and issue addenda, responc to bidders' RFI's, review bids, and make final recommendations. i E. Construction Administration Phase: a. Urrutia Architects shall provide professional services during the course of construction that shall include the follow'ng: -4 - Desert Highlands Unity Ce^ter HVAC Replacement/Upgrade Palm Springs, CA March 29, 2014 i • Provide clarification and interpretive drawings to the contractor. • Review and respond to RFI's from the contractor. • Review submitted changes in construction and costs proposed by the contractor. Process any Change Orders during the construction phase. • Review Applications for Payment from the Contractor and make recommendations for payments. • Visit the job site bi-weekly to review the progress of work and answer any questions the contractor may have. Document the site visits with photographs and written memos which will be distributed. • Review and process shop drawings and submittals. • Prepare punch lists during substantial completion and final punch lists to close out the project. • Documentation of all warranties, guarantees, and operation manuals. i I 5 �I • Desert Highlands Unity Censer HVAC Replacement/Upgrade Palm Springs, CA March 29,2014 F. Proposed Compensaf on To provide the services described in this proposal, the following compensation is proposed: A total fixed cost of$24,950.00, plus reimbursable expenses. A. Pre-Design/Site Analysis Phase: A fixed sum of$2,100.00, plus reimbursable expenses. B. Design Development Phase: A fixed sum of$1,800.00, plus reimbursable expenses. C. Construction Document Phase: A fixed sum of $14,950.00, plus reimbursable expenses. D. Bidding Phase: A fixed sum of$ 900.00, plus reimbursable expenses. E. Construction Administration Phase: A fixed sum of$5,200.00, plus reimbursable expenses. Reimbursable Expenses: Reimbursable Expenses are included in the total basic compensation above, and include actual expenditures made by the Architect and the Architect's employees and Consultants in the interest of the Project for the expenses listed in the following Subparagraphs: • Long distance communications; • Reproductions of drawings; specifications and other documents; • Postage and special handling of documents; Exclusions include the following: • Geotechnical reports or testing. • Fees paid :n securing approvals of authorities having jurisdiction over the Project. -6- I� • Desert Highlands Unity Center HVAC Replacement/Upgrade Palm Springs, CA March 29,2014 Assumptions include the following: • The City of Palm Springs does not have copies of "as built" drawings of the existing building. The City of Palm Springs, through the City Procurement Process, will prepare and provide the City's "boiler plate" specifications and general condition requirements for bid and construction purposes. The Architect will provide performance specifications for materials specified. If our proposal is acceptable, please have the City prepare an agreement for our services. Should you have any questions, please call me. I look forward to hearing from you. Sincerely, Urrufia Arc He t J A ARA i� .. Preside t Califor a License # C7467 - 7-