HomeMy WebLinkAbout04340 - V2C GROUP PARK LANDSCAPE RENOVATION VALA4SA�y City of Palm Springs
c Office of the City Clerk
(760) 323-8205
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C't l/FORN\t MEMORANDUM
Date:
To:
From: City Clerk
AGREEMENT# V,-,2)-�
Please let us know the status of the above agreement, and if it may be closed.
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STATUS: rr `'L?'
COMPLETED:
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GroupV2C
ParRe
Park Renovations
AGREEMENT #4340
M06790, 2-7-01
CITY OF PALM SPRINGS - -- -
Department of Facilities
CONTRACT SERVICES AGREEMENT FOR
LANDSCAPE ARCHITECTURAL SERVICES FOR DESIGN OF
PARK RENOVATIONS AT VICTORIA PARK, DEMUTH PARK AND BARISTO PARK
rpm;. THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this
day of-kA4qzLy 2001, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein
"City") and V2C GROUP, INC., a California corporation, (herein "Contractor"). (The term "Contractor' includes
professionals performing in a consulting capacity.)
NOW, THEREFORE,the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terns and conditions of this Agreement,
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 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 and no/100 Dollars
($7,000.00)(herein "Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the terms of this
Agreement, Contractor shall be paid upon completion.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor: Anthony M. Mendoza 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: Scott Mikesell is hereby designated as being the representative the City
authorized to act in its behalf with respect to the work and services specified herein and make all decisions in
connection therewith("Contract Officer").The City Manager of City shall have the right to designate another Contract
Officer by providing written notice to Contractor.
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any
entity to perform in whole or in part the work or services required hereunder without the express written approval of
the City.Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation
of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor.Neitherthe 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 AND INDEMNIFICATION
4.1 Insurance.Contractor shall procure and maintain,at its sole cost and expense,in a form and
content satisfactory to City,during the entire term of this Agreement, including any extension thereof,the following
policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of comprehensive general
liability insurance written on a per-occurrence basis in an amount not less than
either (i) a combined single limit of$500,000.00 or (ii) bodily injury limits of
$250,000.00 per person,$500,000.00 per occurrence and$500,000.00 products and
completed operations and property damage limits of$100,000.00 per occurrence
and $100,000.00 in the aggregate.
(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 shall indemnify,insure and provide legal defense for both the Contractor and
the City against any loss,claim or damage arising from any injuries or occupational
diseases occurring to any worker employed by or any persons retained by
Contractor in the course of carrying out the work or services contemplated in this
Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability insurance
written on a per-occurrence basis in an amount not less than either(i)bodily injury
liability limits of $250,000.00 per person and $500,000.00 per occurrence and
property damage liability limits of$100,000.00 per occurrence and$250,000.00 in
the aggregate or(ii)combined single limit liability of$500,000.00.Said policy shall
include coverage for owned, non-owned, leased and hired cars.
All of the above policies of insurance shall be primary insurance and shall name the City,
its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and
contribution it may have against the City, its officers,employees and agents and their respective insurers.All of said
policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty(30)
days' prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled,
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
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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.
Contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting
in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or
property resulting from Contractor's activities or the activities of any person or persons for which Contractor is
otherwise responsible.
The insurance required by this-Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key
Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such
requirements are waived by the Director of Administrative Services or designee of the City due to unique
circumstances.
4.2 Indemnification.Contractor agrees to indemnify the City,its officers,agents and employees
against, and will(told and save them and each of them harmless from, any and all actions, suits, claims, damages to
persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying any legal
costs,attorneys' fees, or paying anyjudgment(herein "claims or liabilities")that may be asserted or claimed by any
person, firm or entity arising out of or in connection with the negligent performance of the work or services of
Contractor, its 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, but excluding such claims or liabilities to the extent
caused by the negligence or willful misconduct of the City.
5.0 TERM
5.1 Term.Unless earlier terminated in accordance with Section 5.2 below,this Agreement shall
continue in full force and effect until December 31, 2001.
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,Contractor shall immediately cease all work or sery ices hereunder except as may be specifically approved
by the Contract Officer. In the event of termination by 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, 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 City Officers and Employs.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 Contractor or to its successor,or for breach of any obligation of the terms
of this Agreement.
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6.3 Conflict of Interest.No officer or employee of the City shalI have anyfinancial interest,direct
or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects 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.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 orcommunica-tion 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
Contractor,to the person at the address designated on the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply.
6.6 Integration; Amendment. It is understood that there are no oral agreements between the
parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,
arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this
Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in
writing.
6.7 Severability. In the event that part of this Agreement shall be declared invalid or
unenforceable by a validjudgment or decree of a court of competentjurisdiction,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 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 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 attorneys' 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.
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first
written above.
Attest- CITY:
B CITY OF PALM SPRINGS,
City Clerk a municipal corporation
City Manager — G �
APPROVED:
,tiDirector, Dept. of Facilities
CONTRACTOR:
(Corporations require two signatures: V2C GROUP, INC.,
One from each of the following: a California corporation
A. Chairman of Board, President, any
Vice President;AND B. Secretary,
Assistant Secretary, Treasurer, Assistant By;__ y
Treasurer, or Chief Financial Officer) A. Sig natu�c (Notarized) `
Print Name
By:
B. Signature(Notarized)
Print Name&Title
At4perwolt
Mailing Address: 7177 Brockton Ave., Ste. 102
,i'e _. ,_.__. Riverside, CA 92506
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Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) ❑LIMITED
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❑ATTORNEY IN FACT
THIS CERTIFICATE Title or Type of Document ❑TRUSTEE(&)
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TO THE DOCUMENT Number of Pages Date e1 Document ❑OTHER:
DESCRIBED AT RIGHT:
Signer(s)Other Than Named Above
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WOLCOTTS FORM 83237 Rev.3-94(Price claaa 8-2A) (DI 994 WOLCOTTS FORMS,INC.
ALL PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA WITH SIGNER CAPACITY/REPREEENTATION/TWO FINGERPRINTS
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EXHIBIT "A"
SCOPE OF SERVICES
The project objective is to renovate three(3)existing play areas at Victoria Park,DeMuth Park and Baristo Park.New
play structures and swings will be provided at Victoria Park.Rubber surfacing will be added to all three playgrounds
while providing access per the Americans with Disabilities Act (ADA). Play area improvements will also be in
compliance with playground safety standards in compliance with ASTM standards.
Victoria Park improvements will include new play equipment and swings, and concrete walks. The largest play
structure will be for the 5 to 12 age group and the second one for a 2 to 5 age group.Rubber surfacing wil I be installed
to provide access to all structures and swing units.
DeMuth Park and Baristo Park must be evaluated by Miracle Play Equipment Company to determine compliance of
existing equipment with safety standards.
Design of the play structures has been accomplished by the manufacturer's representative and City staff. Small
refinements to assure greater access to one of the structures will be considered during preliminary design. Areas of
rubber surfacing will also be modified to address access needs and budgetary constraints. These issues will be
addressed with City staff and the manufacturer's representative.
TASK A—PRELIMINARY DESIGN
1. ANALYSIS AND SCHEMATIC DESIGN
a. Meet with City staff to review three(3) existing playgrounds and evaluate field conditions
b. Prepare Conceptual Design for park improvements
c. Prepare Preliminary Cost Estimate for site improvements
TASK B—CONSTRUCTION DOCUMENTS
1. PREPARE CONSTRUCTION BID DOCUMENTS
a. Prepare Construction Drawings (10 scale)
• Title Sheet
• Demolition Plan (Victoria Park)
• Grading/Construction Plan (Victoria Park)
• Grading/Construction Plan (DeMuth Park)
• Grading/Construction Plan (Baristo Park)
• Construction Details
b. Prepare "Special Provision" Specifications and Bid Schedule
c. Prepare Estimate of Probable Construction Costs
d. Meet with City staff to review Construction Bid Documents (95% submittal)for approval
e. Coordinate contract documents with City Engineering Division
Plan and Specification submittals: 1. 95% Two (2)sets
2. 100% Originals
3. Bidding Provided by City
Documents provided by City: 1. Site improvement plans
2. "General Provision" Specifications - prepared by City
MA11ci-i �-3
Performance Schedule: 1. Task A - 100% complete by Febrear--W, 2001 do),
2. Task B - 100%complete by March-12;2001 7
Apr-IL & 0� •
EXHIBIT "A"
SCOPE OF SERVICES
Page 1 of I
EXHIBIT "B"
SCHEDULE OF COMPENSATION
Compensation Rate Schedule: $80/hr. - Principal
$70/hr. - Landscape Architect
$60/hr. - Designer/Draftsman
$35/hr. - Clerical
TASK A (as shown on Exhibit "A," Scope of Services)
Item La.: 6 lirs. @ $80/hr. Principal $ 480
Item 1.b.: 6 hrs. @ $60/hr. Designer/Draftsman 360
Item I.e.: 2 hrs. @ $60/hr. Designer/Draftsman 120
Total - Task A: (14 hrs.) (1 wk.) $ 960
TASK B (as shown on Exhibit "A," Scope of Services)
Item I.a.: 8 hrs. @$80/hr. Principal $ 640
54 hrs. @ $60/hr. Designer/Draftsman 3,240
Item 1.b.: 6 hrs. @ $80/hr. Principal 480
4 hrs. @ $35/hr. Clerical 140
Item I.e.: 4 hrs. @ $60/hr. Designer/Draftsman 240
Item IA.: 4 hrs. @ $80/hr. Principal 320
Item I.e.: 4 hrs. @ $80/hr. Principal 320
Total - Task B: (84 hrs.) (3 wks.) $5,380
TOTAL- TASK A & TASK B (98 hrs.) (4 wks.) $6,340
PLUS REIMBURSABLE EXPENSES
REIMBURSABLE EXPENSES
Out-of-pocket expenses (plotting, blueprinting, reproduction, and printing) will be invoiced at cost plus 10%.
EXHIBIT "B"
SCHEDULE OF COMPENSATION
Page 1 of 1
0 i /�X-5YP
STATEMENT OF COMPLIANCE
This is to certify that the listed officers are owners in V2C Group, Inc. and that V2C Group, Inc.
is a Corporation. V2C Group, Inc. has no employees as that term is defined in Labor Code
Section 3700. These officers themselves, if they are receiving wages as owners, have not
elected to come under Workers' Compensation Laws pursuant to the Labor Code. The
undersigned officer acknowledges this to be true.
Mr. Robert E. Kuhn, President
Mr. Anthony M. Mendoza, Vice President
V2C GROUP, INC.
Anthony M. Mendoza Date
Vice President
RECEI' ED MARW 2001
Certificate of Insurance
1 of 1 #27955
Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF
Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON `J
Insurance Brokers, hie. THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES n,
2244 West Coast Highway, Suite 200 NOT AMEND,EXTEND OR ALTER THE COVERAGE 61,
Newport Beach, CA 92663 AFFORDED THE POLICIES LISTED BELOW.
Insureds Name and Address: Companies Affording Policies:
A American Motorists Insurance Company
V2C Group, Inc. B Continental Casualty Company
63 Calle De Industrias, Suite 420 c
San Clemente, CA 92672 D
E.
F.
COVERAGES THIS IS TO CERTIFY THAT 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
TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE POLICY LIMITS
A GENERAL LIABILITY 7RS66418400 07/01/00 07/01/01 General Aggregate: $2,000,000
0 Commercial General Liability Products-Com/Ops
❑ Claims Made Aggregate: $2,000,000
0 Occurrence Personal and Adv.Injury.$1,000,000
❑ Owner's and Contractors Each Occurrence: $1,000,000
Protective Fire Dug.(any one fire): $100,000
A AUTO LIABILITY 7RS66418400 07/01/00 07/01/01 Combined Single Limit: $1,000,000
❑ Any Automobile Bodily Injury/person: $0
❑ All Owned Autos Bodily Injury/accident: $0
❑ Scheduled Autos Property Damage: $0
0 Hired Autos
0 Non-owned Autos
❑ Garage Liability
EXCESS LIABILITY Each Occurrence'
❑ Umbrella Form Aggregate:
❑ Other than Umbrella Form
WORKERS' Statutory Limits
COMPENSATION Each Accident:
AND EMPLOYER'S_ Disease/Policy Limit:
LIABILITY
Disease/Employee:
g PROFESSIONAL LAE113854767 07/01/99 07/01/02 Per Claim $1,000,000
LIABILITY* Aggregate $2,000,000
$0
Description of Operations/Locations/Vehicles/Restrictions/Special items:
GENERAL LIABILITY ONLY:ADDITIONAL INSURED ENDORSEMENT ATTACHED.
*Written at aaareqate limits of liability not less than amount shown.
Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED.
City of Palm Springs CANCELLATION:
Attn: Vicki Oltean SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING COMPANY,ITS AGENTS OR REPRESENTATIVES WILL MAIL 30
401 S Pavilion Way DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,EXCEPT IN
Palle Springs, CA 92262 THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS
NOTICE WILL BE GIVEN,
Authorized Representative: 03/07I01
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