Loading...
HomeMy WebLinkAbout04682 - JOHN TRUEBLOOD FREY JAYCEE BUILDING ADA IMPROVEMENT CP03-02 John R. Trueblood Frey Building CP03-02 AGREEMENT #4682 CM signed 4-10-03 CITY OF PALM SPRINGS Public Works and Engineering Department CONTRACT SERVICES AGREEMENT FOR FREY-JAYCEE BUILDING ADA IMPROVEMENT PROJECT ARCHITECTURAL SERVICES CITY PROJECT NO. 03-02 THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into thisz'' day ofn� 2003, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and John R. Trueblood Architect, a 'professional firm acting in a consulting capacity, (herein "Contractor"). 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. 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 B and incorporated herein by this reference, but not exceeding the maximum contract amount of Seven Thousand Three Hundred Thirty Dollars ($7.330.00) ("Contract Sum"), 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid in accordance with Exhibit "B", Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. John Trueblood 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. Marcus Fuller is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services P52\276\099999-3000\2022693.2 .08/22195 Revised 09/01198 specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as 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 a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations. The General Liability Policy shall name the City of Palm Springs, its officers, employees, and agents, as 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 such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence 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. Policies of such other insurance, including professional liability insurance in a minimal amount of $1,000,000 if contract has professional liability exposure, as may be required in Exhibit "A", Scope of Services. All of the above policies of insurance shall be primary insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. 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 FS2\276\09999M000\20226932 m08/22/95 Revised 09/01/98 services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person 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. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, 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 or employees 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: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, 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; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other 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. . 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5,2 below, this Agreement shall continue in full force until June 30, 2004. F82\27U99999-300%2022693.2 .08/22/95 R....ed 09101198 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (36) 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 Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to 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 Citv 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 SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. F82\276W99999-300%2022693.2 m08/22/95 Revised 09/01/98 6.7 Severability. 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. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A 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 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. P52\276\0999993000\2022693,2.08/22/95 Revised 09/01/98 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS, a municipal corporation By— City Manager — i ATTEST: City Clerk Agreement over/under$25,000 Reviewed and approved by Procurement& Contracting Initials -I Date 4 - P.O.Number FS2\276\099999.3000\2022693.2 m08/22/95 Revised 09/01/98 ,�, ,<,�9�r.°, � � „ ... .. �"I P�1 ;Sf��.'_ . .�. ..� ,� , ,. ,� , ... . ... �. . �n__ ..,..�....a..�... �.�....�...�..�.i�Y fin.�4�Id i ., n iu �n CONTRACTOR, John R. Trueblood (Check one: fn; al_Partnership f_Co oration) By. Situ le (Notarized) i _ Print Name&Title By: Signature (Notarized) Print Name&Title Mailing Address: 121 S. Palm Canyon Drive, Suite 204 Palm Springs, CA 92262 (END OF SIGNATURES) (Corporations require two signatures: One from each of the Following: A. Chairman of Board, President, any Vice President:AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer). F52\276\099999-3000\2022693.2 mO8122/95 Revised 091OW8 State of California ) )ss. County of Riverside ) On Anril 1, 2003 before me, Carrie Rovnev,Notary Public Date Name and Title of Officer personally appeared ----------------------------------John R. Trueblood -------------------------------------------; Nante(s)of Signer(s) personally 'Mo ® proved to me on the basis of satisfactory evidence CABBIE ROVNEY to be the person(s)whose name(s) is/are subscribed to the Commission# 1"RA57 within instrument and acknowledgment to me that r m' '• Notary Public-California he/shefthep executed the same in his/herftheir authorized Riverside county capacity(ies), and that by his/her/their signatures(s)on the My COMM.Expires Mar 26,2006 instrument the erson p (s),or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal �v eofNo Public EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide architectural services to upgrade the existing kitchen facilities within the Frey-Jaycee Building to meet current ADA codes, and to modernize the kitchen to provide for a more universally designed food preparation area, with construction of new ADA accessible cabinetry, and installation of food warmers, microwave, refrigerator, and shallower sink. Specifically, the following improvements are required: new appliances, new cabinets, new T-Bar ceiling, new lighting, and new coil counter door to separate the kitchen from the large meeting room. The following scope of services shall be provided: Task 1 - Preliminary Architectural Services: 1. Attend "kick off' meeting; review and discuss project parameters; coordinate with associated City staff and stakeholders. 2. Obtain "as-built" or record drawings, as available, standard drawings, and other relevant information necessary for the work. 3. Conduct a field review of the existing building; inventory and assess the current building and kitchen facilities; determine project constraints and outline potential challenges and schedule of performance. Determine appropriateness of scope of improvements and any additions, changes or deletions to the scope of improvements. 4. Coordinate with Building Department staff and determine scope of work and items required for submittal to the Building Department necessary for review and approval of construction documents required for building permit issuance. Task 2 - Construction Documents 1. Prepare a base plan of the existing building and kitchen facilities. 2. Prepare and submit preliminary (50%) construction documents (plans and specifications) for review. Two sets shall be submitted to the Building Department for plan-check and building code compliance review. Furnish and provide technical specifications regarding construction of the proposed improvements (i.e. cabinets, T-Bar ceiling, lighting, and coil counter door) and installation of the proposed appliances. 3. Obtain City plan-check comments regarding the preliminary submittal; respond to all appropriate comments and revise the construction documents (plans and specifications) as required. 4. Prepare and submit final screen check (90%) construction documents (plans and specifications) for review. Two sets shall be submitted to the Building Department for review of previous plan-check comments, including any red-lined set previously reviewed and returned for correction. Prepare an estimate of cost, corresponding with all required construction and installation of new appliances. 5. Obtain City plan-check comments regarding the final screen check submittal; respond to all appropriate comments and revise the construction documents (plans and specifications) as required. 6. Prepare and submit final (100%) construction documents (plans and specifications) for approval. Two sets plotted on paper media shall include "wet" stamp and signature of architect of record, and shall be provided to the Building Department for permit purposes; one set plotted on mylar media shall be provided to the Engineering Department for construction bidding and record filing purposes. Provide a final (100%) project estimate. F92\276\099999-3000\2022693.2 m08/22/95 ` Revised 09/01/98 EXHIBIT"A" SCOPE OF SERVICES (CONTINUED) Task 2 Special Requirements: 1. Engineering Department will provide the consultant with boiler plate "title block" sheet borders to be used in the construction documents, in AutoCAD R-14 format. The consultant may use its own format of preparation of construction drawings, however, the final (100%) construction drawings shall be provided to the City in Autocad R-14 format for record filing purposes. Digitally scanned x-ref format files will be acceptable. 2. Engineering Department staff will coordinate preparation of the project specifications in Construction Specifications Institute (CSI) format, and will prepare the "front end" portion of the document. All technical divisions and specifications shall be prepared by the consultant and be provided to the City in Microsoft Word 5.0 format. The Architect of Record will be required to "wet" stamp and sign the specifications. Task 3 - Bidding Assistance 1. Provide bidding assistance; review Requests for Information (RFI's). 2. Provide responses to RFI's to the City for use in issuance of appropriate Addenda by the City Engineer. 3. Provide bidding interpretation and bid review analysis. Special Requirements: A. Task 1 shall be completed within 10 working days following Notice to Proceed issued by the City; Task 2, item 2 (50% submittal) shall be completed within 10 working days upon completion of Task 1; Task 2, item 4 (90% submittal) shall be completed within 10 working days upon receipt of plan-check comments on the 50% submittal from the City; Task 2, item 6 (100% submittal) shall be completed within 10 working days upon receipt of plan-check comments on the 90% submittal from the City; and Task 3 shall be provided as required during the bidding phase of the project. w w w w w END OF EXHIBIT "A" FS2\276\099999-3000022693.2 m06/22/95 Revised 09/01/98 EXHIBIT "B" SCHEDULE OF COMPENSATION Scope of Work Lump Sum Fee Task 1; Preliminary Architectural Services (Items 1-4) $1,560.00 Task 2; Construction Documents (Items 1-2) $2,250.00 Task 2; Construction Documents (Items 3-4) $1,560.00 Task 2; Construction Documents (Items 5-6) $1,140.00 Task 3; Bidding Assistance (Items 1-3) $820.00 Total Not to Exceed $7,330.00 Progress payments may be made, upon approval of invoices therefore, for amounts up to a total maximum of 75% of the lump sum fee, prior to completion of the required services. Progress payments may be made no more than monthly, upon approval of invoices by the Contract Officer. FS2\276\099999-3000\2022693.2 .08/22/95 Revised 09/01/98 Client#: 9627 JOHNRTRUE ACORDTM CERTIFICATE OF LIABILITY INSURANCE 0DATE(MMID 4/03/03 DNY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 - 714 427.6810 INSURERS AFFORDING COVERAGE . INSURED INSURER A: United States Fidelity&Guaranty _ John R. Trueblood Architect INSURER B: Security Ins. Co. of Hartford 121 S. Palm Canyon Drive -- ----- - INSURER -- - Palm Springs, CA 92262 - --—----- ------ ------ INSURER D. — jINSURER E: -^--- - COVERAGES THE POLICIES 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 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NEE I POLICY EFFECTIVE POLICY EXPIRATION LTR I TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/VY DATE MM/DD/YV LIMITS A GENERAL LIABILITY BK01370166 03/07/03 03/07/04 EACH OCCURRENCE $2,000 QQQ COMMERCIAL GENERAL LIABILITY General Liability FIRE DAMAGE(_An_y_one fire) $300,000 CLAIMS MADE 1OCCUR excludes claims MED EXP(Any one persor) S10000 rising from the PERSONAL&ADV INJURY $2,000,000 performance Of GENERAL AGGREGATE $4 QQQ Q0Q GEN'L AGGREGATE LIM ITAPPLIES PER: professional li PRODUCTS -COMP/0�54,000,000 — POLICY JEOT LOG services. A I AUTO MOBILE LIABILITY BKO1370166 03/07/03 03/07/04 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) 52,000,Q00 ALL OWNED AUTOS I BODILY INJURY IS SCHEDULED AUTOS - - (Per person) — -- ----- X HIRED AUTOS - - -- - BODILY INJURY $ X NON-OWNED AUTOS (Peraccider[) - - —--- ---- PROPERTY DAMAGE Is (Per accident) ILGARAGE LIABILITY (AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHEEA ACC $ AUTO THAN l I AUTO ONLY'. qGG $ _EXCESS LIABILITY EACH OCCURRENCE $ OCCUR �7 CLAIMS MADE AGGREGATE $ — $ DEDUCT RETENTION $ $5 WORKERS COMPENSATION-AND EMPLOYERS'LIABILITY E L EACH ACCIDENT !$ E L DISEASE-EA EMPLOYEE;$ E L DISEASE-POLICY LIMIT S B OTHER Prof'I. Liab AEE0229591 1 04/11/03 04/11/04 $1,000,000 per claim (Claims Made $1,000,000 annl aggr. Retro: 4/11102 $5,000 Ded. Per Claim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Palm Springs is additional insured on General Liability policy for services provided by the above Named Insured. *Except if canceled for non payment of premium, 10 days notice given. CERTIFICATE HOLDER ADDRPONARINSURED;INSURERLETTER: CANCELLATION SHOULD ANVOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Spings DATE THEREOF, THE ISSUING INSURER WILLXXRNW"XTP MAIL 30* DAYSWRITTEN Attn: City Clerk NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFT, 3AX7Ax>=)TRAAARAxl7xXX P 0 Box 2743 741F)CE3R76A%1@Rl(A9i%1MQBOxRdJxIRXRR7(11[A7lRRARR9(7C9CR1FDbkARRJ0:6JN67EARSRRX Palm Springs, CA 92263-2743 x9[wfaaeRlaAAxx _ AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 of 1 #S85900/M84694 CAB © ACORD CORPORATION 1988 COMMERCIAL GENERAL LIABILITY Policy Number: PAS37648210 Named Insured: John R. Trueblood This endorsement changes the policy. Please read it carefully. ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following— COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE: NAME OF PERSON OR ORGANIZATION: City of Palm Springs Office of the City Clerk 3200 Tahquitz Canyon Way Palm Springs, CA 92262 (If no entry appears above, information required to complete this endorsement will be shown in the declarations as applicable to this endorsement.) Who is an insured (Section II) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of"your work" for that insured by or for you. CG20101185 Copyright Insurance Services Offices, Inc. 1984