The URL can be used to link to this page

Home My WebLink About07 CONS SVC SR CTR 07-02-01AGENDA REPORT NO. 7 07-02-01 MEETING DATE' JULY 2, 2001 400-10 TO' WILLIAM A. HUSTON, CITY MANAGER FROM' PATRICK SANCHEZ, DIRECTOR, PARKS AND RECREATION SERVICES SUBJECT' APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES FOR THE SENIOR CENTER EXPANSION PROJECT SUMMARY: Approval of a Consultant Services Agreement between the City of Tustin and Crane Architectural Group to provide the City with architectural services and the preparation of plans and specifications for the improvements to the Tustin Area Senior Center. RECOMMENDATION' Authorize the Mayor and the City Clerk to execute a Consultant Services Agreement with the firm of Crane Architectural Group for the Senior Center Expansion project in an amount not to exceed $27,100 FISCAL IMPACT: The 2000-01FY Capital Improvement Program includes the development of plans, specifications and construction documents for the Expansion of the Senior Citizen Center.. The total appropriation for the project is $300,000. The Consultant Services Agreement of $27,100 is less than the $33,000 that has been allocated from the Park Development Fund for the preparation of plans and specifications. BACKGROUND: The Tustin City Council adopted the Parks Seven-Year Capital Improvement Plan for 2000-01, which included the Expansion of the Senior Citizen Center. Four firms responded to the City's Request for Proposal for Architectural and Construction Drawings. Staff and a community design committee, made up of members of the Parks and Recreation Commission, evaluated proposals and selected the Crane Architectural Group of Fullerton, California. This decision was based upon the firm's strong background in recreation and park planning, extensive local experience in working with municipal agencies, and having been the architect and engineering firm that originally did the design and construction of the Tustin Area Senior Center. The proposal also listed the lowest fees among the firms submitted. The negotiated fee .for the agreement is fair and reasonable for the scope of the project. Once the approval of the agreement is executed, the recommended scope of work and conceptual plan aro scheduled to be completed within 120 days. Respectfully Submitted, Director, Parks and Recreation Services Attachment: Consultant Services Agreement 'Y"q · '"r ""~" Y'i' '"MI'T8 ,J ,'I.'. t~.,() 1,7.). rd"MA. .... . .'.t ' 'DH"I' ,,)HA H'MTk-'~ 'HUO.,~tlO JA.f'I~',,J.] .[H'"' ''D .~1'~t"/0''9 :';.2.'tA.J:!Aq;ffa ~tCt['~.U WO,ldO:*1 o'r 4A.;~IOi,RO ., CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this day of ,20 , by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and Crane Architectural GroUp a California corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary engineering services for Tustin Area Senior Center Expansion ,hereinafter referred to as "Project"; and WHEREAS, Consultant has submitted to City a proposal dated May 8, 2001 a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows' AGREEMENT Section 1' Scope of Consultant's Services. Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit "A". Section 2' Order of Precedence. In the event of a conflict between or among any of the documents comprising this Agreement, the following order to precedence shall govern the provision in question' 1. This Agreement 2. Consultant's Proposal (Exhibit "A") Section 3' Time for Completion. The time for completion of the work 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 reasonable schedules established by the City for various items described and as outlined within Consultant's proposal. 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. Section 4: Compensation. A, The compensation to be paid under this Agreement shall be as set forth in Exhibit "A", not to exceed a total cost of $ 27,100.00 . Bi Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. C, Progress payments for work comPleted shall be paid by City as the work progresses, within thirty (30) days .of the date of Consul.t'a.nt's invoice. Do Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. Section 5' Independent Contractor.- Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel 'performing services under this Agreement shall at all times be under Consultant's exclusive direction .and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social' security, income tax withholding, unemployment compensation, workers' compensation and similar matters. Section 6' Indemnification. ConsUltant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns. . harmless from any loss, damage,, injury, sickness, death, or other claim made by any person and from all coSts, expenses and charges including attorney's fees caused' by or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct. Section 7' Insurance. A, Consultant shall maintain in full force and effect during the term of this Agreement policies of comprehensive general liability, personal injury and automobile liability insurance with limits of at least $1,000,000 combined single limit coverage per occurrence. -2- a. Consultant shall maintain in full force and effect during the term of this Agreement a Policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence. 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 or to cover claims made within five (5) years of the completion of Consultant's service 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 five (5) years after completion of Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant's letterhead. C, Consultant shall carry and pay for su.ch compensation insurance as is. necessary to fully protect Consultant and its employees under California Worker's Compensation Insurance and Safety Laws, and shall relieve the City from all responsibility under said laws in connection with the performance of this Agreement. D, E, All insurance required pursuant to this Section shall be issued by a company admitted in the State of California and rated A, VII or better by the latest edition of Best's Key Rating Guide. . Upon execution of this Agreement, Consultant shall proVide to City certificates of insurance on the City's form evidencing the required insurance. If self-insured for worker's compensation, Consultant shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations. Section 8' Termination of A_~reement. A, B. City shall have the right to terminate any or all of the services covered by this Agreement at any time for any reason by giving written notice to Consultant. ... Upon termination of this .Agreement, Consultant .shall be .paid, for services · rendered by the effective date of the termination. C, Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall, within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. -3- Section 9' Notices Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows' To City: City of Tustin Attn.: Director of Public Works/City Engineer 300 Centennial Way Tustin, CA 92780. To Consultant: Section 10' Miscellaneous Provisions. A. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. B. No part of this Agreement may be assigned by Consultant without the prior written approval of City. C. This Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. D,, Consultant shall perform all services required under this Agreement' using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be responsible for all errors and omissions for services performed by Consultant under the .terms of this Agreement.. E. Consultant certifies that there shall be no discrimination against any employee who is employed .in the work covered by this Agreement, or against any application for such employment, because of race, religion, color, sex or national origin including but not limited to, the following: employment, upgrading, demotion or transfer', recruitment, or recruitment advertising, lay-off or termination, rate of pay or other forms of compensation, and selection for training, including, apprenticeship. -4- IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. "CITY" CITY OF TUSTIN By Tracy Wills Worley, Mayor ATTEST: 'Pamela Stoker, City Clerk APPROVED AS TO FORM' Lois E. Jeffrey, CitY Attorney "CONSULTANT" CRANE ARCHITECTURAL GROUP -5-