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HomeMy WebLinkAbout00429C - EARTH SYSTEMS SOUTHWEST LAGUNA PACIFIC SUNRISE SAN RAFAEL ENVIRONMENT ASSESSMENT r • Earth System Southwest Environmental Site Assessment AGREEMENT #429C Executive Director signed CITY OF PALM SPRINGS _ 10_-4-01 Redevelopmml CONTRACT SERVICES AGREEMENT FOR PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR PARCELS R AND Q - NORTHEAST OF SUNRISE WAY AND SAN RAFAEL DRIVE THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this,L5'-day of Well 2001, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a municipal corporation (herein "Agency") and EARTH SYSTEMS SOUTHWEST (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, 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$2,300.00 ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B", Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Scot A. Stormo 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. w� Sunnso a San M.d-Phzsc l III' ry'nr, rt/a,^^jr^°pllw•�gti,� 3.2 Contract Officer. Redevelopment Director 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. 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 AND INDEMNIFICATION 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) Comprehensive General Liahility 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$1,000,000.00 or (ii) bodily injury limits of $500,000.00 per person, $1,000,000.00 per occurrence and $1,000,000.00 products and completed operations and property damage limits of$500,000.00 per occurrence. If the Contract Sum is greater than $500,000.00, the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit. (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 the 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$500,000.00 per person and $1,000,000.00 per occurrence and property damage liability limits of$250,000.00 per occurrence and $500,000.00 in the aggregate or (ii) combined single limit liability of$1.000,000.00. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance: Policies of such other insurance, including OProfessional Liability Insurance, as may be required in the Scope of Services, Exhibit "A". S.,ise S San R Nd-Ph ,s 1 All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds, except that the City shall not be named as an additional insured for the Worker's Compenstation Insurance nor the Professional Liability 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. 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, 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 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 persons for which the 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 City Manager 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 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 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 until October 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, 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. Sunrise&San M.f l-Phase 1 J 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 City 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. 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. Sunrise S San Rafael-Pha,c 1 d 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 Is 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. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY OF PALM ,+ SPRINGS, a municipal corporation -I 6 Assistant S ce retar Executive Dir6c r (Check one: _Individual _ Partnership ✓Corporation) APPROVED AS TO FORM: CONTRACTOR: EARTH SYSTEM SOUTHWEST � Agency Counsel By: lrl l (Notarized Signature) �f - p �7 ,�77jC�'w0 P Print Name & Title Corporations require two signatures. One from each of4By �— the Following. A Chairman of Board, President,any ed Signature)Vice President: AND B. Scerelary, Assistant Secretary, tt��,,�,tL9i00_ 'tJ �r D Treasurer, Assistant Treasurer, or Chief Financial / Officer). Print Name & Title Mailing Address: 79-811 B Country Club Dr. Bermuda Dmies, CA 92201 s.nds.s sa.aarai-n,asa i 147c,-/ EXHIBIT "A" SCOPE OF SERVICES 1. Site Reconnaissance: A visual reconnaissance of the site to note physical evidence of potential contamination or possible sources of contaimination. 2. Site History Investigation: History of the site will be researched to identify past land use at and near the site related to the storage, production or use of hazardous materials. 3. Regulatory Agency Record Review: Information gleaned from the many regulatory agencies compiling information concerning sites that generate, store, use and/or have released hazardous materials will be accessed. 4. Report Preparation: A report summarizing the results of the assessment will be prepared and sent to the Client. The report will include additional findings regarding past land use on and around the site. EXHIBIT "B" SCHEDULE OF COMPENSATION TOTAL FEE:$2,300.00 Total Fees are payable upon completion of project. Sunrise&Snn Rnfnel-Phn,e 1 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �( 1 State of California ss. County of ��/(��,•�,f�L` � r ! On -�fi�� S , before me, tj1,. S' T Name and Title of Officer A g r"Jane Doe,Notary Pudic") personally appeared 7 5 'XN� 9 �JA LF /"l� (. '" < Name(c)of Signor(,) ! personally known to me 3 proved to me on the basis of satisfactory evidence to be the person". whose name(,K ls—1 �I subscribed to the within instrument and fiacknowledged to met he t�executed the same in , is/ tLtt��fr -authorized capacity(i ), an that by his/ I �th�ir CAROLE GRAVES signature( }on the instrument the person( , or Commi<sfon f266QB9 the entity upon behalf of which the person -r' Not aryPubl'ic-California acted, executed the instrument. I� Riverside County ! My Comm.Expires Jun 22304 WiTNESp my hand and official seal. / n/'Alt Place Notary Seal Above Signature"of Notary Public ff OPTIONAL , Though the information below is not required by law, it may prove valuable to persons relying on the document I and could prevent fraudulent removal and reattachment of this form to another document. 3 Description of Attached Dopum nt O Title or Type of Document: /�/ljf'l j�1�/�� /u zL;,, r.r- I 7 I Document Date Number of Pages: T r , Signer(s) Other Than Named Above: ,I Capacity(ies) Claimed by Signer Signer's Name. _ Individual l ;r Top of thumb here i/r1/)ErF-O'i� Corporate Officer—Title(W r(l1C�` E I ❑ Partner—❑ Limited ❑ General I' ❑ Attorney in Fact ❑ Trustee 'f ❑ Guardian or Conservator I, ❑ Other: Signer Is Representing: f iC�/�L lf'',j, `oi��� �t//f'/� rill/ ©1999 Nalmnal NolaryAssoma9on•935o De Solo Ave.,PO fiox 2402•GM1alswonM1,CA 9131324o2•www na0onalnolary org Prod No 5907 Reorda,Call TO-FeO 1-800 076-5B27 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 11 State of California County of ss On CJe Q%•o t before me, Dale (� Name and Title of Officer,(eg,"JAne Dae,Notary Pubbc')r personally appeared 1 C`�co 1 Name(s)of Signer(s) -N'personally known to me ❑ proved to me on the basis of satisfactory evidence to be the per;nn(s) whose name(s) is/are ELAINE MARIE RODRIGUEZ subscribed to the within instrument and Commission#1242477 acknowledged to me that h /she/they executed (f NotoryPublic-California £ the same in hip/her/their authorized San Luis Obispo County capacity(ies), and that by hiss/her/their i MyComm.ExpresNov19,2�3 sign.�jWre(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. c ' fi WIT ESS my hand an official se I. Place Notary Seal Above Signature of Notary Pub a \� I OPTIONAL G{ Though the information below is not required by law, it may prove valuable to persons relying on the document jl and could prevent fraudulent removal and reattachment of this form to another document. fi Description of Attached root ment (� > Title or Type of Document. i,l"l� Sf/.`�a- e �tC e \Atl,ipPi Document Date, -Dg-. }2yf.�Q( 0)5- ` t)O A Number of Pages: fiSigner(s) Other Than Named Above: fi , Capacity(ies) Claimed by Signer ' 5 Signer's Name: ❑ Individual here r Top ohumb .� I� Corporate Officer C �l7 f it it ❑ Partner—❑ Limited ❑ General s ❑ Attorney in Facts ❑ Trustee I ❑ Guardian or Conservator I� ❑ Other: Signer Is Representing: l-.QA4AN C,�"v-Z�cL�u;. v�:�,w`��i:�4'_�`��(.�.::wr-<,v=<.�-c;"-cam'-�-v�'�':��-cT�C�-�.0 c=�;w�,c.�.��,c;�—V�•c;�:s„�;I ©199]National Notary Association•9350 De Soto Ave PO.Box 2402•Chatsworth,CA 91313-2402 Prod No 5907 Reorder,Call Tall-Free 1-800-876-6827 EARTHSYSTI ACORnn CERTIFIC OF LIABILITY INSU NCE 0DATE MM3/(301/O1 PRODUCER 1W THIS CERTIFICATE FTW SUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. BOX 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 510 465-3090 Edi Barrow INSURERS AFFORDING COVERAGE INSURED INSURER A:Greenwich Insurance Company Earth Systems Southwest INSURERB:Hartford Fire Insurance Company 79-811B Country Club Drive INSURERC:State Compensation Ins. Fund of C Bermuda Dunes, CA 92201 INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICto, 14TY�I' ANDIN� ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICAY B O MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS M H POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION A GENERAL LIABILITY GEC0001779-01 04/01/01 04/01/02 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LABILITY FIRE DAMAGE(Any ane fire $100 000 CLAIMS MADE OCCUR MEOEXP(Anyoneperson) $5 000 PERSONAL h ADV INJURY $1 000 000 X RR Cont. CG2417 GENERAL AGGREGATE s2, 000, 000 GEN'L AGGREGATE LIMITAPPLIESPER: PRODUCTS-COMPIOP AGG $2 O00 000 X POLICY PRO LOC B AUTOMORILELIABILITY 57UUNIF9613 04/01/01 04/01/02 COMBINED SINGLE LIMIT $1 000 000 X ANYAUTO (Eaaccident) / / ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Perperson) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Peracc(tlent) ; PROPERTY DAMAGE $ (Peraccltlent) GARAGE LIABILITY AUTO ONLY.EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND GP541UT65-02 05/01/01 05/01/02 X 61'CSTATU- OTH _ EMPLOYERS'LIAR ILITY GP541UT65-01 05/01/00 05/01/01 E.LEACHACCIDENT $1 000 r 000 E.L.DISEASE-EA EM PLOYEE $1 000 000 E.L.DISEASE-POLICY LIMI $1 000 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Phase I Environmental Site Assessment. SA-6837-P1. City of Palm Springs is an additional insured as respects general and auto liability. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER CANCELLATION SHOULDANY OFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL3VN7T/1U0MA(L30—DAYSWRTTEN Attn: Barbara White NOTICE TO THE CERTIFICATE HOLDERNAMEDTOTHELEFr-CMXVLij [ XW.§9Q3MY—X 3200 Tahquitz Canyon Way xcaxMon�soc�oxaysam�aB�vnnart�aovaa�xxsa�r Palm Springs, CA 92262 AU T ORIZED REPRESEN TIVE ACORD25-S(7197)l Of 1 #M57683 ECB 0 ACORD CORPORATION 1988