HomeMy WebLinkAbout00420C - TAHQUITZ DECORATIVE LIGHTS CP00-36 Dahl, Taylor 6 Associates, Inc.
Decorative Light Fixtures on
Tahquitz — CP 00-36
AGREEMENT 1420C
R1125, 5-16-01
CITY OF PALM SPRINGS
Engineering Department
CONTRACT SERVICES AGREEMENT FOR DESIGN SERVICES
OF THE DECORATIVE LIGHT FIXTURES ON TAHQUITZ CANYON WAY
CITY PROJECT NO. 00-36
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered
into this day of 2001, by and between the Community Redevelopment
Agency of the City of Palm Spri California, a public body, corporate and politic, (herein"City")
and Dahl, Taylor and Associates, Inc., (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 terms 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 Fifteen Thousand Eight Hundred Dollars ($15,800.00) ("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. Thomas L. Doyle 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.
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3.2 Contract Officer. City Engineer 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 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$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
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coverage for owned, non-owned, leased and hired cars.
(d) Additional Insurance: Policies of such other insurance, including
Professional Liability Insurance, as may be required in the Scope of Services,
Exhibit "A".
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 off icers,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 orwillful 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 June 30, 2002.
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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.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under orthrough them,thatthere 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
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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 Agreementwhich
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 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.
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
of the City of Palm Springs, California, a
public body, corporate and politic
Y �
Assistant Secretary Executive Dir cto
APPROVED AS1 TOpy(FORM:
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(,_—)City AttorneyaylaV 11"y `L'H '
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Check one:
_Individual , Partnership corporation
CONTRACTOR:
Dahl, Taylor and Associate nc,
(Notarize,'sk natu €)
Vij 'LPld� .,r --
Print Name &TRY
t (Notarized Signa re)
Print Name&Title
Mailing Address:
2960 Daimler Street
Santa Ana, CA 92705-5824
(END OF SIGNATURES)
(Corporations require two signatures: One from each
of the Following: A. Chairman of Board, President,
any Vice President: AND B. Secretary, Assistant
Secretary, Treasurer, Assistant Treasurer, or Chief
Financial Officer),
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CALIFORNIA ALL-PURPOR ACKNOWLEDGMENT
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same in his/her/their authorized capacity(ies), and that by
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or the entity upon behalf of which the persons) acted,
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EXHIBIT "A"
SCOPE OF SERVICES
(Continued)
TASK 3
1. Prepare and submit preliminary (80%) plans for review. This review includes
construction documents, specifications, and a preliminary construction cost
estimate. Plans shall be on standard 24" by 36" City title block sheets.
Specifications shall be written using City"boiler plate" documents in Microsoft
Word Version 97. Specification format shall be provided by City.
2. Pick up comments.
3. Complete final coordination with SCE. Secure approval for the electrical
design.
4. Complete a final coordination with the City to ensure that all electrical
equipment complies with the City's standards.
TASK 4
1. Prepare and submit final (100%) plans for approval and bidding. This includes
all construction documents, specifications, and a final construction cost
estimate. Plans shall be on standard 24" by 36" City title block sheets. Final
plans shall also be provided in digital format (Autocad version R13), on 33/2"
floppy disc. Specifications shall be written using City "boiler plate" documents
in Microsoft Word Version 97. Specifications shall also be provided in digital
format on 3'/" floppy disc. Specification format shall be provided by City.
2. Provide bidding assistance during the bidding phase of the project. This
includes answering specific questions regarding the plans and specifications
and attendance at a Pre-Construction Conference.
Additional Insurance per Section 4.1 d shall be required as follows:
A policy of Professional Errors and Omissions Insurance, in an amount not less
than $500,000.00 per claim and in the aggregate with respect to loss arising from
the actions of the Contractor performing professional services hereunder on behalf
of the City.
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
TASK 1 Lump sum fee of $ 1,580.00
TASK 2 Lump sum fee of $ 2,370.00
TASK 3 Lump sum fee of $ 7,900.00
TASK 4 Lump sum fee of $ 3,950.00
TOTAL Lump sum fee: $ 15,800.00
Lump sum fees are payable upon completion of each task.
Task 1 shall be completed within 3 weeks of receipt of Notice To Proceed.
Task 2 shall be completed within 1 month of approval of Task 1 by City.
Task 3 shall be completed within 1 month of approval of Task 2 by City.
Task 4 shall be completed within 1 week of approval of Task 3 by City.
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