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HomeMy WebLinkAboutRob Mikuteit Design; 2020-05-13;AGREEMENT FOR DESIGN AND PRODUCTION SERVICES ROB MIKUTEIT DESIGN JJA THIS AGREEMENT is made and entered into as of the / 3 d, day of ff tLito , 2020, by and between the CITY OF CARLSBAD, a municipal corpora on, ("City"), and ROB MIKUTEIT DESIGN, a sole proprietorship, ("Contractor"). RECITALS City requires the professional services of a contractor that is experienced in creating design and production of guides for building and code processes. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be an amount not to exceed ten thousand dollars ($10,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. City Attorney Approved Version 6/12/18 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Jeff Murphy Title CD Director Department Com Dev ----------City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA Phone No. 760-602-2783 For Contractor Name Rob Mikuteit Title Owner -------------- Address 4129 Calle Mar de Ballenas San Diego, CA 92130 Phone No. 858.945.4502 Email rob@mikuteit.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No ■ 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. City Attorney Approved Version 6/12/18 2 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. City Attorney Approved Version 6/12/18 3 ROB MIKUTEIT DESIGN, sole proprietorship B~ Ni,,tiere) (print name/title)' By: (sign here) (print name/title) Community Development Director BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 6/12/18 4 ROB MIKUTEIT DESIGN 4129 Calle Mar De Ballenas San Diego, CA 92130 858-945-4502 Jeffrey Murphy City of Carlsbad ... 1200 Carlsbad Village Drive Carlsbad, CA 92008 EXHIBIT "A" SCOPE OF SERVICES • . Project·.• .. Permit Delivery Guide .... riterrr:·:'·\c re' .. j:: • · , Discrjptic:>n 'Qty/Hrs . :y .; .... •· /; .'' ;' Design Design City of Carlsbad Permit Delivery Guide cover and inside 20 page spread layout based on existing sample, develop Carlsbad-style color palette and graphics and incorporate provided city photography. Search for appropriate needed stock photography. Modify flow chart, table and pull quotes designs to mesh with new style. Make any needed revisions prior to carrying design through to entire 66-page Guide. Production Update entire Permit Delivery Guide to new design, including 28 layout and font changes, table, flow chart and pull quote design updates. Make all requested copy changes in text, flow charts and tables. Insert correct urls for all hyperlink locations and test funcitonality. Prepare final Guide pdfs in interactive online pdf and high resolution print version. Photo(s) Stock photos as needed. 4 Sales tax bate . . 04/17/20 •. Rate 120.00 100.00 20.00 7.75% jTotal ······ Estimate No . 854 .........• JobNo .. 4771.20 Total 2,400.00 2,800.00 80.00 0.00 $5,280.001 ROB MIKUTEIT DESIGN 4129 Calle Mar De Ballenas San Diego, CA 92130 858-945-4502 Date 04/21/20 Jeffrey Murphy City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Project .::: Code Enforcement Guide .. ., .. .":-· ., .. '.' ,rt;::y:{ ·••' ... , ... ·. D~s'cription .>c Qty/Hrs ·)t~n, :<: ':'· \i:'[ .··· .:,:, ·. ' .; ;','of',_,, >, Design Design City of Carlsbad Code Enforcement Guide cover and 12 page spread based on Permit Guide, but changing color treatment and photography, revise section color coding from Permit Guide to ct. Search for appropriate stock photography if needed. Modify pie chart and Violation Category graphic designs to mesh with new style. Make any needed revisions prior to carrying design through to entire 38-page Guide. Production Update entire Code Enforcement Guide to new design, 20 including layout and font changes, page heading updates, selection and placement of provided Carlsbad photography, table and pull quote design changes. Make all requested copy changes in text, graphics and tables. Insert correct urls for all hyperlink locations and test funcitonality. Prepare final Guide pdfs in interactive online pdf and high resolution print version. Sales tax jTotal ,, Rate 120.00 100.00 7.75% Estimate No. 855 -·· J.ob No. 4773.20 Total 1,440.00 2,000.00 0.00 $3,440.0~ ACORDe CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~ 04/22/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER GONTAGT Auto Club Agency Services Auto Club Services, LLC NAME: PHONE 888-416-2402 I FAX 3333 Fairview Rd /A/C No l'xtl· /A/C Nol: E-MAIL Costa Mesa, CA 92626 ADDRESS: Lie # OF97770 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: HARTFORD 11000 INSURED ROBERT MIKUTEIT INSURER B: HARTFORD 11000 4129 CALLE MAR DE BALLENAS INSURER C: INSURER D: SAN DIEGO CA 92130-2684 INSURER E: HARTFORD 11000 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF '~~l-J%YM,y1 LTR ,.,~n '""n POLICY NUMBER IMM/00/YYYYl LIMITS COMMERCIAL GENERAL LIABILITY X 04/22/2020 04/22/2021 EACH OCCURRENCE $ 1000000 >----:g CLAIMS-MADE ~ OCCUR 72SBMBD2771 DAMAGE TO RENTED PREMISES /Ea occurrence\ $ 1000000 A □ MED EXP (Any one person) $ 10000 □ PERSONAL & ADV INJURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 ~POLICY □m?i: [g LOC PRODUCTS -COMP/OP AGG $ 2000000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1000000 E ANYAUTO X 72SBMBD2771 /Ea accidenl\ BODILY INJURY (Per person) $ B ALL OWNED □ SCHEDULED 04/22/2020 04/22/2021 BODILY INJURY (Per accident) $ AUTOS AUTOS IZI HIRED AUTOS [ZJ NON-OWNED ~ AUTOS PROPERTY DAMAGE $ rPer accident\ $ UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ C = D CLAIMS-MADE EXCESS LIAB AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION DI ~ff ruTE IDI ~~H-AND EMPLOYERS' LIABILITY Y/N D ANY PROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NHI E.L. DISEASE -EA EMPLOYEE $ ~m:~rtff~ 'b1'6PERATIONS below E.L. DISEASE -POLICY LIMIT $ E PROFESSIONAL LIABILITY X 72SBMBD2771 04/22/2020 04/22/2021 $1000000/$1000000 AGG DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached If more space Is required) CERTIFICATE HOLDER IS ALSO LISTED AS ADDITIONAL INSURED 10 DAY NOTICE OF CANCELLATION ONLY APPLIES TO NON-PAYMENT OF PREMIUM CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1635 Faraday Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Carlsbad, CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE DERRICK NG I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Select Customer Insurance Center 3600 WISEMAN BLVD. SAN ANTONIO TX 78251 Policyholder, please call us at: ( 8 6 6) 4 6 7 - 8 7 3 o Agent, please call us at: (866) 467-8730 SERVICE.TX@THEHARTFORD.COM INSURANCE ENDORSEMENT ATTACHED *** PLEASE REVIEW THE CHANGE *** THEX HARTFORD Enclosed is an endorsement for your business insurance policy. Please review it at your convenience. If you have questions or need to make further changes: Policyholder, please call us at: ( 8 6 6) 4 6 7 - 8 7 3 o Agent, please call us at: (866) 467-8730 between 7 A.M. and 7 P.M. CST . The premium billing will be mailed to you separately. You can expect to receive it soon. Thank you for allowing us to service your business needs. AUTO CLUB INSURANCE AGENCY LLC/PHS THE HARTFORD SELECT CUSTOMER INSURANCE CENTER The Hartford Hartford Fire Insurance Company and its Affiliates One Hartford Plaza, Hartford, Connecticut 06155 l THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below: Policy Number: 72 SBM BD2771 DX Named Insured and Mailing Address; ROBERT MIKUTEIT Policy Change Effective Date: Policy Change Number: 001 4129 CALLE MAR DE BALLENAS SAN DIEGO CA 92130 04/30/20 Effective hour is the same as stated in the Declarations Page of the Policy. Agent Name: AUTO CLUB INSURANCE AGENCY LLC/PHS Code: 253682 POLICY CHANGES: SENTINEL INSURANCE COMPANY, LIMITED ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT. IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE LOCATION 001 BUILDING 001 IS REVISED PRO RATA FACTOR: 0.978 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 12110405 T Process Date: 04/30/20 Page 001 (CONTINUED ON NEXT PAGE) Policy Effective Date: 04/22/20 Policy Expiration Date: 04/22/21 POLICY CHANGE (Continued) Policy Number: 72 SBM BD2771 Policy Change Number: o o 1 BUSINESS LIABILITY OPTIONAL COVERAGES ARE REVISED ADDITIONAL INSURED(S) ARE ADDED THE FOLLOWING ARE ADDITIONAL INSURED FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY. LOCATION 001 BUILDING 001 ADDITIONAL INSURED #1 -OWNERS, LESSEE OR CONTRACTORS IS ADDED FORM SS4170 NAME CITY OF CARLSBAD ADDRESS 1635 FERADAY AVENUE CARLSBAD CA, 92008 FORM NUMBERS OF ENDORSEMENTS ADDED AT ENDORSEMENT ISSUE: ss 41 70 06 11 Form SS 12110405 T Process Date: 04/30/20 Page 002 Policy Effective Date: 04/22/20 Policy Expiration Date: 04/22/21 POLICY NUMBER: 72 SBM BD2771 CHANGE NUMBER: 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF CARLSBAD Location(s) Of Covered Operations: 1635 FERADAY AVENUE CARLSBAD CA, 92008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section C. -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. Form SS 417006 11 Process Date: 04/30/20 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 1 of 1 Policy Expiration Date: 04/22/21 © 2011, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission)