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HomeMy WebLinkAbout04473 - MICHAEL FONTANA DOWNTOWN PARKING STRUCTURE CONSULTANT Michael Fontana Downtown Parking Structure AGREEMENT #4473 M07047, 4-3-02 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR MICHAEL E. FONTANA & ASSOCIATES THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 1st day of April, 2002, by and between the CITY OF PALM SPRINGS, a municipal corporation and charter city, (herein "City") and MICHAEL E. FONTANA & ASSOCIATES, a Sole Proprietorship (herein "Consultant"). 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 Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant 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. Consultant 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, Consultant 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 Eighty-Eight Thousand Five Hundred Dollars ($88,500) ("Contract Sum"). 2.2 Method of Payment. Provided that Consultant is not in default under the terms of this Agreement, Consultant shall be paid monthly in accordance with the Schedule of Compensation. IRV#23531 vI _1_ 3.0 COORDINATION OF WORK 3.1 Representative of Consultant Michael E. Fontana is hereby designated as being the principal and representative of Consultant 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. Harold Good 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 Consultant. 3.3 Prohibition Against Subcontracting or Assignment Consultant 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 assigrunent or transfer shall be void. 3.4 Independent Contractor. Neither the City nor airy of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant 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. Consultant 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. The Consultant 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) Business Automotive Insurance. A policy of comprehensive business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $500,000 bodily injury and property damage. Said policy shall include coverage for owned, non- owned, leased and hired cars. (b) Professional Liability Insurance. Professional Liability Insurance in a minimal amount of$1,000,000. The Consultant agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible. IRV 923531 vl _2_ In the event the Consultant subcontracts any portion of the work in compliance with Section 3.3. of this Agreement, the contract between the Consultant and each subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to this Section 4.1. 4.2 Indemnification. Consultant 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, including paying any legal costs, attorneys fees, or paying any judgment (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 Consultant, its agents, employees, subcontractor, or invitees, provided for herein, or arising from the negligent acts or omissions of Consultant hereunder, or arising from Consultant's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement. 4.3 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 Rating Guide,the Key Rating Guide or in the Federal Register, and only is they are of a financial category Class VII or better,unless such requirements are waived by the Risk Manager or designee of the City Manager due to unique circumstances. In the event the Risk 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 Consultant agrees that the minimum limits of the insurance policies required by this Section 4 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Consultant shall have the right to appeal a determination of increased coverage by the Director of Procurement and Contracting to the City Council of City within ten (10) days of receipt of notice from the Director of Procurement and Contracting. 5.0 TERM 5.1 Term_ Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall be for a term of nine (9) months from the date first hereinabove first written. Such term may be extended upon the mutual written consent of the parties hereto. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon written notice to the other party. Upon receipt of the notice of termination, the Consultant 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, Consultant 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 IRV 1123531 v1 3- 6.1 Covenant Against Discrimination. Consultant 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. Consultant 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 liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, 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 Consultant 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 Consultant 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, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, and in the case of the Consultant, 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. IRV#23531 v1 4 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 comiected 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. 6.19 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 parry 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. [End— Signature Page Follows] IRv 423531 v1 5_ IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written below. CITY OF PALM SPRINGS ATTEST: a municipal corporation City Clerk City Manager APPROVED AS TO FORM: By: �_>� City Attorney -�� / i4 r r' CONTRACTOR: Check one:)', Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following: A Chairman of Board, President, or any Vice President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer). By y11 v Y C= By: Signature (notarized) Signature (notarized) Name: c1 .e ^c At ♦i Name: Title: PX%"c r p L Title: Stateof Cf►L(FDR'/t1{+�} State of I County of IVE$i S/,D� Iss County of Iss DEZ' -befz J)"Erl". g"04 On-- ore me, On before me, personally appeared MICHI&Z C. F(9'VrgN') personally appeared personally known to me ( f personally known to me (or proved to me on the basis of �eMs#aeteq�evidenes)to be the person($)whose name(M is/are satisfactory evidence)to be the person(s)whose name(s)is/are subscribedto thewithin instrument and acknowledgedto methat subscribedto the within instrumentand acknowledged to me that he/sl76/ttwy executed the same in his/hgNthpir authorized he/she/they executed the same in his/her/their authorized capacity(ias), and that by his/hpr/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument the person(s�,or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the person(g)acted,executed the instrument. person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: JANEr M. BUCK Comrnisswn#1284M mverwe f0MVCon1M.IJXPrklZ= EXHIBIT "A" SCOPE OF SERVICES Consultant shall provide consulting services to City during the development of a multi-level parking facility in accordance with the Agreement and the following terms and conditions: General: 1. Report to City on status of Project. 2. Coordinate the efforts of the design team. 3. Coordinate the bidding process. 4. Advise the City regarding the selection of contractors for both the demolition phase and construction phase. 5. Assist the City in communicating with adjacent property owners during the demolition and construction of the project. 6. Coordinate the flow of information between the contractor and the design team. 7. Conduct regular meetings with the design team, the contractor and the City's staff representative. 8. Regularly review schedule and progress and report to the City. 9. Regularly review project budget and report to the City. 10. Make daily visits to the site to review progress and handle on site concerns. 11. Review all changes (change orders) to the project scope, schedule and budget and report to the City. 12. Review all pay requests and make recommendations for payment. 13. Review all lien releases. 14. Continually work to build a mutually supportive team effort. IRV#23531 v1 B-1 EXHIBIT`B" SCHEDULE OF COMPENSATION Consultant shall be compensated at the rate of $115.00 per hour in an amount not to exceed $88,500. Consultant shall be reimbursed for out-of-pocket expenses approved in advance by the Contract Officer and substantiated by receipts, and for mileage at the approved IRS rate for mileage driven out of the area, if any, in the performance of this Agreement but in no event to and from Consultant's place of business. Consultant shall provide one copy of each report; the cost of additional copies and any printing and/or reprographics shall be reimbursed at cost to Consultant upon presentation of receipts therefor. Consultant shall be paid monthly in accordance with the City's normal warrant procedures, within 30 days after receipt of an invoice documenting the services performed. The invoice shall be in the form approved by the City's Finance Director. IRV#23531 vI B-2 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE 09/12/2002 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Weingarten & Hough ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4 9 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 1866 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palm Springs CA 92263- INSURERS AFFORDING COVERAGE INSURED INSURER NORTHFIELD INSURANCE COMPANY Michael Fontana & Associates INSURER B: 1276 N. Palm Canyon Dr. #204 INSURER C. NSURER D' Palm Springs CA 92262- INSURER 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 INSR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM/DD/Y1' DATE MM/OD/W GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE F-IOCCUR / / / / MED EXP(Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER, PRODUCTS-COMP/OP AGG $ JECTPOLICY PRO- LOC AUTOMOBILE LIABILITY / / / / COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS / / / / BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS / / / / BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Peraceidenl) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANYAUTO / / / / OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY / / / / EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND / / / / TORV LIMITS OER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ El DISEASE-EA EMPLOYEE$ E.L.DISEASE-POLICY LIMIT $ OTHER A PROFESSIONAL. LIAR. ER000539 09/08/2002 09/08/2003 AGGREGATE c oCcm. 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROOF OF PROFESSIONAL LIABILITY INSURANCE CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT CITY OF PALM SPRINGS FAILURE TO DO SO SHALL IMPOS 0 OBLIGATION OR LIABILITY OF ANY KIND UPON THE 3200 E. TAHQUITZ CANYON WAY INSURER,ITS AGENTS OR REFIRE NTATI S. AUTHORIZED REPRESENTA V PALM SPRINGS CA 92262- ACORD 25-5(7/97)fk ©ACORD CORPORATION 1988 ,,M INS025S(991o)or ELECTRONIC LASER FORMS,INC.-(890)327-0545 Page 1 of ";i'AFECO INSURANCE COMPANY OF AMERICA D xmisr !, •RSONAL UMBRELLA POLICY DECLARATIO14S AGENT: VICI"Y! I L -H! FONTANA GARCIA INSURANCE !NC, 32F u_ ,;-9'ndi'el:,r,.F CT N PO BOX 2403 6'Ii"$ :A 92264-8705 PALM SPRINGS 'A 7,7 ;',r', 7 (760) 320-1111 POLICY PEPICtl7 <G'ROPil: r cv TO: W'r4t, I at 12.01 A .M, Standard :r.i:io ; . the address of thea- stated herein. REIAIN'Ea'D ;J',Vff: $250 Iq!11 I`iY: $1,000,000 :3t,)piV-rA, , Cl: gMNDERLYING INSURANCE: TIK" !isur=:r, eu�re s: policies providing the coverages specified on the backofthese dada ialK;q f are; in fe:r� ;� and will be maintained in force as collectible insurance for .at least t'.ie rc.q,;j ;d limil:, ;si;zled 2) is l;is r all motor vehicles owned, leased by or used by the insured 31 in ;rFu r-r, ail residence premises owned, leased by or leased to the insured 4j t.o orsurc, ail recreational vehicles owned, leased by or used by the insured :? !n rsure rr,l i,vatercraft owned by the insured . '�'y `ld.ii(n•r`gip.."�:,�::LII;"'rr,p .;i. ! .,gin;.,i::��. ,i. ,,!„t,.., _ �:., ,... .t 3,_,• ,,,, ,,. , i . LII. .�.,.,,l,d;'u,,;, ,, li'!,I;,, „1 : :tlii;..,,;,i;;r ,�'rs , . , . i��ii" includes one automobile and primary residence. S Acn.h i automobile in the household TOTAL ANNUAL PREMIUM PLEASE SEE REVERSE ATF. rnt'Lhn ORIGINAL �n0.milsMn=�t ui, r'- DEC-30-2002 MON 01 :50 PM GARCIA INSURANCE INC FAX NO, 760 323 7252 P. 01/01 ACORDn CERTIFICATE OF LIABILITY INSURANCE DATE:0/2 02 lz/3o/2002 PROBUGG" (760)320-1111 FAX (760)320-1115 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Garcia Insurance, Inc. _ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2903 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palm Springs, CA 92263 John Townley INSURERS AFFORDING COVERAGE INSURED MIKE FONTANA AND LYNN FONTANA INSURER A: SAFECO OF AMERICA INSURER D: Sa'feco 3299 CAMBRIDGE COURT NORTH INSURER0; PALM SPRINGS, CA 92262 INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREP 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 SY PAID CLAIMS. IL R TYPE OF INSURANCE POLICY NUMBER p ry'E Fpp/YYE pip EY I,I MIOP TY LIMITS GENERAL LIABILITY A2312994 11/01/2002 05/01/2003 EACH OCCURRENCE 5 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any Ono fire) $ CLAIMS MADE F7 OCCUR MFD EXP(Any one person) $ A PERSONAL&APV INJURY S GENFRALAGGREGATE $ GEN'L AOCRFGATE LIMMAPPLIES PER: PRODUCTS-COMPIOP AGO $ POLICY PRO- JECT El LOC AUO MOBILE UADIUTY 2312994 11/01/2002 05/02/2003 COMBINED SINGLE.LIMIT ANY AUTO (Ea gGGDebU $ ALL OWNED AUTOS BODILY INJURY j1AR'AGE SCHEDULED AUTOS (Nrpersan) 5 500 00HIREDAUTOS BODILY INJURY NON-OWNED AUTOS (Peracclriant) 5500.00PROPERTY DAMAGE $(Par acclaanp 100 00 LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EAACC $ AUTOONLY: AGG 5 EXCESS LIABILITY A3023289/EXCESS LIARL 11/01/2002 11/01/2003 BACHOCCURREENCE S 1.000,000 OCCUR CLAIMS MADE AGGREGATE S B $ DEDUCTIBLE $ K RETENTION $ g WORKERS COMPENSATION AND TORY LIMffS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT S E.L DISEASE-EA EMP40YEEI S E.L.DISEASE-POLICY LIMIT I $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMBNTISPECIAL PROVISIONS CERTIFICATE HOLDER ADDITIONAL INSURED:INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCMUen POLICIES 5E CANCELLED BEFORE THE EXPIRATION DATF THERFOF,THE ISSUING COMPANY WILLENDEAVOR TO MAIL -i!D PAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF PALM SPRINGS BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY TRISH OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES, PALM SPRINGS, CA 92262 AUTHORIZED PRFSENTATIVE ACORP 25.5(7/97) FA7C: (7GO)322-8332 (OACORD CORPORATION 1988 I