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HomeMy WebLinkAbout05145 - PLANNING DESIGN TERMINAL BUILDING BY JR PLANNING File Edit Generate Letters.- Transactions -Repa ts._ Makitenance " Quit - -- - — JJ_ Gen.Leffef I 'e'er �: s TtansactrQttS Reports blaatteltaltce Hepf-- Exit Program �E 1 ;If s ,mot - a '" - � -_ a.. �.aUn- ' man _ # - mhu n # _ "'- £ oag NA i r I'Documerd.fi. A5145 Group ARP4RT I?Actives 4, a, — r__ _ j Uncument g - ` Des ion. Archpinrx�ingarl WpassenWter raibklg o.4D j Firtencirsls _ ,, ma's ' lipproyeti)ate: o81t2129o5 Eft e.Date Dt3t12CYla Closed Date. J 1 w Owed. D.0 A 'Gpmpnrfy" iRPl�alatg - -- XRef Alf? f fit- € � ''�� Sakttahonr Insurance Department Address k � �'� � c -3 :Civ St—IFIF Z t. Plr 3 . ors { �fmc O - " E-d1aA: : Service;' ! t Statlfs: He I�QltlflCFlte oil t-11e. 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NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the 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 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. Schedule of Performance to comply with Exhibit"D". 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" attached hereto as Exhibit"C"and incorporated herein by this reference, but not exceeding the maximum contract amount of Four Thousand Eight Hundred Dollars ($4,800) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "C" "Schedule of Compensation", 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. James C. Reinmuth is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Steve Zehr 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 Aqainst Subcontracting or Assiqnment. 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 C:\Documents and SettingsUim\My Documents\City of Palm Springs\CPS-AIRPORT-CONT. TICKET WINGUR DesipAirlineofficespace O.wpd -1- 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 overthe 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 an 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, INDEMNIFICATION AND BONDS 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) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a peroccurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit B. All of the above policies of insurance shall be primary insurance. (Reference Section 4.4 regarding sufficiency.) The insurer shall waive all rights of subornation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. 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, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, 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. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. CADocuments and SettingsUimWy DocumentslCity of Palm SpringslCPS-AIRPORT-CONT.TICKET WINGVR DesignAirlineofficespace O.wpd -2- 4.2 or ees to the its and employees gainst, anil Indemnification.d 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, (herein"claims or liabilities')that maybe asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, 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, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents oremployees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees,who are directly responsible to the City, and in connection therewith: ction or acns filed in connection with ntractor any of said claims or I a)biliti soand will paywilldefend all cost nand expenses including legal costs and attorneys' fees incurred in connection therewith; (b) Contractorwill Promptly payanyjudgment rendered againsttheCity, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; In e event he its party to any action orp oceeding filed orpros cutled against Contractorfor u ents or employees damages orother claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys, fees. is Areement Contractor shall deliver to City a performance bond inthe sumt of the amount ofexecution oftth this Agreement, in the form provided by the City, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 4.4 Sufficiency of Insurer or Surety. Insurance or bonds 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's Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City Manager due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 4 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continuen full force until October 30, 2005. C:1D'ocuments and Settings'JimNy Documents\City of Palm SpringslCPS-AIRPORT-CONT.TICKET WINGUR DesignAirlineofficespace O.wpd -3- 5.2 Termination Prior to Expiration of Term. 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 of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Aqainst Discrimination. Contractor covenants that, by and for itself, its heirs,executors, assigns and all persons claiming under orthrough them,that there shall be no discrimination against orsegregation 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 ensure 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 Employees. 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 11 >PRINGS, 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 Severabilitv. In the event that part of 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 portions 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. 11 h,t011111t I" „..s'I..Iviye C:\Doeuments and SettingsUiili\Mv 'D °dclfd 66ts\City of Palm Springs\CPS-AIRPORT-CONT_TICKET WINGUR DesignAirlineof6cespace O.wpd A- 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party'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 Attomevs' 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 judgment. 6.10 Corporate AuthodtV. The persons executing this Agreement on behalf of the parties hereto warrant that (1) such party is duly organized and existing, (h) 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 party is bound. SIGNATURES ON NEXT PAGE CADoctnnents and SettingsViinNy Docwnents\City of Palm Springs\CPS AIRPORT-CONT.TICKET WINGUR Desipkrlineofficespace O.wpd -5- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above CITY OF PALM SPRINGS AT7F.SZ : unicipal cor,�tion� ti - � = a . � By: City Clerk 9 Aviation Director Corporations require two notarized signatures:One signature must be from the Chairman of Board,President,or any Vice President The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. CONTRACTOR: Check one,_Individual_Partnership_Corporation .111 Planning and Vesign 3001 Tahquitz Canyon Way Palm S gs, CA 92 By: By: T Sig nst/u� n7tarized) Signature(notarized) Na : , 1CQVY��S l.• [`�21.lr�Vv1V.-� Name: Title: ��� PCo P 1� o Vr Title (This Agreement must be signed in the above space by (This Agreement must be signed in the above space by one of the following: Chairman of the Board, President one of the following: Secretary, Assistant Secretary, or any Vice President.) Treasurer, Assistant Treasurer or Chief Financial Stateof COAI tOm\t""'' Officer.) Countyof R(Ve G'tde}ss State of t ' County of Iss ! On �u�u` before me, On before me, 0a.rrle, Kovnty , Notary j[JL41c is personally appeared 7(InAes C. f2einwfu+ti personally appeared personally known t� me (or proved to me on the basis of personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)-whose name(s)is/afe, satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within Instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/herAhe r authorized he/she/they executed the same in his/heotheir authorized capacity(wel, and that by his/heMhew signatures} on the capacity(ies), and that by his/her/their signature(s) on the instrument the person(a),or the entity upon behalf of which the instrument the person(s),a the entity upon behalf of which the person*acted,executed the instrument. persons)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notaryr7l r Notary Signature: (ti( 2- ��� Signature, Notary Sear - — Notary Seal �.�- — r a — — — — s CARRIE ROVNEY _ Commission# 1348457 -r Notary Public-California Rlvemidle County [ 1 My Comm.Expires Mor26,2006 L�4 P —� _ — u _ _ %0,i C:1Documents and Setl:argsUiinWy Documents\City of Palm Sprigs\CPS-AIRPORT-CONY.TICKET WINGUR DesignAirlineofL'cespace O.wpd -6- EXHIBIT"A" SCOPE OF WORK Provide architectural planning and design drawings for the renovation of airline office space adjacent to the Continental office area in the Airport passenger terminal building. The work in this contract is based on the following criteria. PRELIMINARY AND DESIGN PHASE Conduct field measurements and non-invasive field investigations of the airline office space as required to prepare "As-Built" drawings. "As-built" drawings will be prepared based upon field measurements and "As-built' drawings provided by the Airport. Design Drawing will also be completed and a preliminary plan completed based upon requirements and information supplied by the Airport. WORKING DRAWINGS Working drawings will also be completed. Necessary submittals will be made to CPS Building and Safety Dept. For plan approvals and building permits. C:Oocmnents and SettingsUim\My Documents\City of Palm Springs\CPS-AIRPORT-CONT.TICKET WINGUR DesignAirlineofficespace O.wpd EXHIBIT °B" SPECIAL REQUIREMENTS Business License Requirement: Contractor shall possess a valid City of Palm Springs Business License throughout the term of this agreement. :section 4.0: "Insurance, Indemnification and Bonds" 4.a Contractor must have Business Liability 4.b Worker's Compensation Insurance is waived. (Contractor is a sole proprietor) Section 4.3: "Performance Bond" is waived CADocuments and SettingsUimWy Documents\City of Palm SpringslCPS-AIRPORT-CONT.TICKET WINGUR DesipAirlineofficespace O.wpd EXHIBIT°C" SCHEDULE OF COMPENSATION This work is based on an not to exceed price of $4,000.00. Additional plan sets and labor services at the rate of$85.00 per hour, shall not exceed $800.00; for a total contract amount of$4,800.00. CADocuments and SettingsUim\My Documents\City of Palm Springs\CPS AIRPORT-CONT.TICKET WINGUR DesignAirlineofficespace 0.wpd -9- EXHIBIT "D" SCHEDULE OF PERFORMANCE Contract Time: Field and drawing workto be completed within fifteen (15)working days from date :specified in Notice To Proceed. Work Hours: Working hours consist of 7 A.M. to 3:30 P.M. Monday through Friday. No work on the weekends or holidays. C:\Doc=ents and SettingsUirn\My Documents\City of Palm Springs\CP S-AIRPORT-CONT. TICKET WINGUR DcsiguAirlineofficespace O.wpd -10- FROM JRME5 C REINMUTH PHONE NO. ; 760 416 3940 Jul. 13 2005 02.22PM P2i2 J41 12 DS 041l5p Tom Cleesan State Farm 760 922 a28'D F•2 TM CERTIFICAfYE QF INSURANCE fgjEt qd, at � (� STATE FARM FIRE IflE AND CASUALTY COMPANY,Bloomington, Illinois II * [] 8TATE FARM GENERAL INWPANCECCMPANY,Blgomington,Ilfinpia ritarfo 1' L7 STATE FARMFLO STATE FA19M ARE AND I ADINs""CECOMPANY,WiinterrHagvgn,Fllorida H SLATE FARM LLOYDS,Dallas,TaXag Inaurla the following p014eyhclder for the ooVerages Indtaated bofaw; 148MO of policyholder RM'TMrara, Grattan Address of pgii yhaldar 3007 w"TAHQtrxrz"cirYcav War see i.oa Location of operations saac 'm sPrrncs ffi .. 9;162.6poo , D9soriptlon of operations The pdiciea listed below have heen lasued to the polloyheAw tar t policy he pododa shown, The ins4ranoo descrbad in rheas policies 3 suS}act ro all the terms exclusions,and gcndidnns of these poGaiea,The liMRS of liability shown may here been fedus4d by any paid daims. POLICY NUMBER TYPE OF INSURANCE I POLICYPERIOD � � L11011 ;S OP LIABILITY a-ly—g NVd Gate FFxpkadan Dam at ba innin of polio perledj Comprehensive ' '- "'—"` � g 8—._ _ Y- .1P# 017-7161-12 susiness Liabilii D7-as-zgoa j p7,.p6-26b6 ODILY IhLIUfiY AND --' --...-•a,Co•..--... _-V PROPERTY DAMAGE lblsinaurancairroludea; pProdueis-Com lased ,..--`.....---^`- ....'_...,- p CperarJany ©Gontrarivej Liability (�underground Hazard Oovorage Petwnal Injury Each Occurtence S 1.oga,coo ❑Advertisinglnjuly Garl@WAggregata S2,vpv,00c Expldalon Hazard Coverage OOollapa0 Hazard coverage Products—Completed $Nf C Operations Aggregate P17LICY PER OD RObILY INJURY AND PSOPERTY DAMAGE EXCESS UASiu� I:f1aattYil Data f Exp"usalon data (Cambinod Single Limit} a Umbrella I Each Occurrence g �10kher I Aggregate g Part I STATUT Oj9Y - Pan 2 BODILY INJURY Workers'Companaatlon and Emplgyora Liability Each Accident 3 Diooase Each Employee $ . _ Dlsea3e-Policy Limit $ NUMBER TYFEOFINSURANCE POLICY PERIOD LIMITS DF LIABILITY POLICY EHeotlua Date„, E%q][!Afian Pate (3t baglnning of policy period) ._,..� .71 THE CERTIFIpATk OF INSURANCE 19 NOT a CDNFRACT Ol=IPISURANCEAND NE:ffHER AFFiRMATIV$LY NOR NEGATIVELY 1. AMENDS,EXTENDSOR ALTERS THE COVERAU APPROVED BY ANY'POLICY RESCRIOIlD HER@IN, C--y of Palm SprxngA It any of the d*wrlbod policies are canooled before 32co 2 Ta'hq%:-c canyoa tray Its expiration date,State Fnrm will try to marl a written Palm $Palago ch 92262 notice to the oettificate holder 30 days before cancellation, if however, WG Mil to mail such notice, no figaffon or IlablI ty will be impoa6d an,$rate Name and Address of Certificate Holder F it,•o agents or pr fafives. slg atumhor �lrasentain�ty RGFa1T o7J1s j05 Y19g .uaia Agents Cale stamp " AFLt Cops�•7n7Q7T [+�y CC �fY1 4R494&D e4.19N Prirncd In Vs.e. I, OLEE,7VN 55 047 EAST VALLEY F422 pF ?ALAI & u MEMORANDUM TO: Barry Griffith, A.A.E. Assist. Director of Aviation —Admin. FROM: „\,J Kathie Hart, CIVIC Chief Deputy City Clerk DATE: August 12, 2005 SUBJECT: JR Planning & Design A5145 cc: File Attached is a copy of the above referenced agreement, and certificate of insurance. We have retained the original our files. Please feel free to contact me if there are any questions or if additional information is needed, ext. 8206. /kdh attach.