HomeMy WebLinkAbout00386C - HOCHANADEL HERITAGE DISTRICT SIGN TREEWELLS CP98-17 Hochanadel,Inc.
Amend#1 Heritage District Signs&
Treewells CP98-17
AGREEMENT#386C
CRA R1052, 1-20-99
AMENDMENT NO. 1 TO AGREEMENT NO. 386C FOR
HERITAGE DISTRICTS SIGNS AND TREEWELLS
City Project NO. 98-17
The following article of Agreement No. 386C is hereby amended to read as follows:
1.0 SECTION 2.1, Contract Sum, is hereby amended to provide a maximum
contract amount of$9,985.00, an increase of$1,771.00.
2.0 EXHIBIT "A", Scope of Work, is hereby amended by adding the following:
Construct concrete tree well and light footing per plan detail at the northeast
cornerof N. palm Canyon Dr. and Granvia Val Monte.
3.0 EXHIBIT "B", Schedule of Compensation is hereby amended by adding
$1,771.00 for the work described under 2.0 above.
Except as specifically amended by this Amendment, all terms and provisions of
Agreement No. 386C, approved by the City Council on December 2, 1998, Res. 1050,
remain in full force and effect.
DATED this /9 day of eAyi . 1999.
ATTEST: CITY ALM SPRI ALIFORNIA
% a mu icipal corporation
City Clerk
' City M&nager [;
APPR
OVED AS TO FORM:yA (Check one: _Individual _Partnership
IYI� ✓Corporation)
Cit orney
CONTRACTOR: HO—CHHANADEL, INnC.
(Corporations require two signatures: By: r .�'n^-� 4C—,r,
One from each of the following: I Signature (Notarized)
A. Chairman of Board, President, hf'2 V G`0
any Vice-President: AND B. Secretary, TAnt Name & Title
Assistant Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer). By:
Sig autre (N tarized)
T J 1�24 C-1 cL 0C.kct..yt CL C(,-C QC-kerfzy
r
Mailing Address:Ulo U t S-K' O e 6
to C__ p✓
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• 10
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On this 19th day of January, 1999, before me, CAROL A. ABARRATE, the
undersigned, a Notary Public in and for said State, personally appeared LARRY
HOCHANADEL and ANGELA HOCHANADEL, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same in their authorized capacities,
and that by their signatures on the instrument the persons or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
CAROLA.ABARRATE NOTARY PUBLIC
Comm4sslon#1081702
` -,y - - Notary Public—Callfornla
.�' . Riversldo County
My Comm.Erpires Jan 1.2000
Hochanadel , Inc.
• Heritage Districts Signs &
Treewells CP98-17
AGREEMENT #386C
CRA R1050, 12-2-98
CITY OF PALM SPRINGS
Engineering
CONTRACT SERVICES AGREEMENT FOR
HERITAGE DISTRICTS SIGNS AND TREEWELLS
City Project No. 98-17
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement') is made and entered into
thisc aday of uz L,,19ff by and between the CITY OF PALM SPRINGS, a municipal corporation
(herein "City") and Hochanadel, 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 Eight Thousand Two Hundred and Fourteen Dollars ($8,214.00) ("Contract Sum").
2.2 Method of Pam. 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. Larry Hochanadel 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.
3.2 Contract Officer. Tom Cartwright is hereby designated as being the
representative the City authorized to act in its behalf with respect to the work and services specified
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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 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"
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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 January 31, 1999.
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.
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-3-
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.
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
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STATE OF CALIFORNIA)
SS.
COUNTY OF RIVERSIDE)
On I before me,
date
personally appeared
❑ personally known to me OR ❑ proved to me on the basis of
satisfactory evidence to be the
person (s) whose name (s) is/are
subscribed to the within instrument
and acknowledged to me that
he/she/they executed the same in
his/her/their authorized
capacity(ies) , and that by
his/her/their signature (s) on the
instrument the person (s) , or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
Witness my hand and official seal .
Signature of Notary
(SEAL)
STATE OF CALIFORNIA)
SS.
COUNTY OF RIVERSIDE)
On Nov. 3oi I V before me, 70 d�+ t, A . N',C.�o is N otary Pc)
date 1 '
personally appeared Lctrr `
y ROC.I rAy)ct and iqnc,e.l HOC adei
.❑ narsona11 known o m _nR 0 proved to me oF the basis of
satisfactory evidence to be t e
person (Q whose name (� is-/
subscribed to the within instrument
and acknowledged to me that
ke�se the executed the same in
'-,-,4 �_ their authorized
capacity(ies) , and that by
11 ; ,/ hei signature on the
instrumen the personQD , or the
JUDITH A. NICHOLS entity upon behalf of which the
person acted, executed the
Comm,#1091508
NOTARY RUOLIC-CALIFOPNIA
instrument.
!li ' Riverside County
r sk�nmzpiees.,M�aY„2_ �„s,� Witness my hand and official seal.
0
Signature of Notary
(SEAL)
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:
Ca- OF PALM SPRIN
a unicip 000rat\City Clerk By:
City Maiiager
APPROVED AS TO FORM:
(Check one: _Individual _ Partnership
Corporation)
4 City Attorney CONTRACTOR: n
By: Ann X_111—' r ,PUTL P��C
C_ � ��ignature (Notarized)
Print Name &Title
3
By:
(Corporations require two signatures: One from each of $[g titre (Not ized)
the Following: A. Chairman of Board, President, any a„- n _ I A f�,� ��)A Ck ('4/ '
Vice President: AND B. Secretary, Assistant Secretary, y-Pjj-n-t—lNa &Title
Treasurer, Assistant Treasurer, or Chief Financial
Officer).
Mailing Address: /�Ll. Uts O1^O
�ctil►v� Sp r t to 9 s q
9eA
F5 M099999-300 M22693.2 m08/22195 2\
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-5-
EXHIBIT A
SCOPE OF SERVICES
AREA-)_ TREE WELL (fifth tree north of the northwest corner of N.Palm Canyon and Chino Rd.)
saw cut and remove existing concrete as marked by City.
- construct light footing per plans
install pull box and electrical conduit per plans (connect to existing service,stub only)
pour new colored concrete per plans (dimensions may vary due to field conditions)
AREA-2 TREE WELL (seventh tree north of the northwest corner of N.Palm Canyon and Chino Rd.)
- saw cut and remove existing concrete as marked by City
- construct light footing per plans
- install pull box and electrical conduit per plans (connect to existing service,stub only)
- pour new colored concrete per plans (dimensions may vary due to field conditions)
766 N. PALM CANYON SIGN FOUNDATION AND PLANTER
- saw cut and remove existing concrete as marked by City
- construct sign footings per plan details
- install electrical conduit per plans (connect to existing service, stub only)
- install irrigation line per plans (connect to existing service, stub only)
- pour new concrete per plans, including 10" band around new planter
899 N. PALM CANYON SIGN FOUNDATION AND PLANTER
- saw cut and remove exiting concrete as marked by City
- construct sign footings per plan details
- install electrical conduit per plans (connect to existing service, stub only)
- install irrigation line per plans (connect to existing service, stub only)
EXHIBIT A
TO CONTRACT SERVICES AGREMENT
0
EXHIBIT "B"
SCHEDULE OF COMPENSATION
Contractor's compensation for work described on attached Exhibit A will be $8,?14.00, paid in a lump
sum, upon satisfactory completion of the work.
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EXHIBIT "A"