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HomeMy WebLinkAbout00377C - SANBORN A/E MERCADO PLAZA PARKING LOT LIGHTING LANDSCAPING Sanborn A/E, Inc. • Mercado Plaza - Parking Lot Amend. #1 - Lighting System AGREEMENT #377C R1036, 2-4-98 AMENDMENT NO. 1 TO AGREEMENT NO. 377C FOR PARKING LOT; PLAZA MERCADO The following article of Agreement No. 377C is hereby amended to read as follows: 2.0 COMPENSATION - Contract Sum. The contract sum is hereby amended from $13,600.00 to $15,800 by amending the following services to Exhibit A "Scope of Services: A. Parking Lot Sighting System: 1. Design the additional parking lot lighting system utilizing the city standard lighting fixtures. 2. Design lighting system for the bike trail system along Belardo Rd. and parking lot. 3. Coordinate meter location and electrical service points with So. California Edison Co. 4. Design all lighting circuits and controls for parking lot and bike trail lighting systems. 5. Coordinate the lighting fixture locations with Plaza Mercado building project. 6. Provide all specifications, schedules, details, etc. to insure a complete and operable lighting system. A. Construction Cost Estimates: 1. Prepare construction cost estimates for parking lot, based on final plans. 2. Prepare construction cost estimates for landscaping, based on final plans. 3. Prepare construction cost estimates for lighting, based on final plans. Of,d ib'V11 4el4lj EXHIBIT "B", SCHEDULE OF COMPENSATION: The added services as described in this amendment will be compensated as follows: Lump Sum, $1,700 for Item A above. Lump Sum, $ 500 for Item B above. The added fees will be paid upon satisfactory completion of work. Work shall be completed within 10 working days of contractor's receipt of approval of this amendment. Except as specifically amended by this Amendment, all terms and provisions of Agreement No. 377C, approved by the Community Redevelopment Agency on the 3rd day of September 1997, Minute Order No. 1030, remain in full force and effect. DATED this day f vl JU( T, 1998. SA N Al ' INC. ATTEST: T OF PALM SPRIN S CALIFORNIA ate- City Clerly�r;�, ���:rc�-,; � City Manager �,X,Xft 0fff ; REVIEWED & APPROVED AS TO FORM /, rV,2 r Sanborn A/E Inc. • Mercado Plaza - Parking Lot, Street & Landscaping Plans AGREEMENT #377C R1030, 9-3-97 CITY OF PALM SPRINGS Engineering Division CONTRACT SERVICES AGREEMENT FOR PARKING LOT, STREET PLANS & LANDSCAPING PLANS MERCADO PLAZA THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this day of , 1917 f by and between the Community Redevelopment Agency, (herein "City") and SANBORN A/E, 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 Thirteen Thousand Six Hundred Dollars ($13, 600.00) ("Contract Sum") . 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid monthly. p 1' FS2\296\099999-3000\2022693.2 .08/22/95 (p���IG(NAL QED AND/OR AGREEMEN?, 2 .2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid monthly. 3.0 COORDINATION OF WORK 3 .1 Representative of Contractor. John L. Sanborn 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. Jerry Ogburn 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 $500, 000. 00 or (ii) bodily injury limits of $250, 000. 00 per person, $500, 000. 00 per occurrence F52\276\099999-3000\2022693.2 m06/22/95 -2- and $500, 000. 00 products and completed operations and property damage limits of $100, 000.00 per occurrence and $100, 000 .00 in the aggregate. (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 $250, 000. 00 per person and $500, 000. 00 per occurrence and property damage liability limits of $100, 000. 00 per occurrence and $250, 000 . 00 in the aggregate or (ii) combined single limit liability of $500, 000. 00. Said policy shall include coverage for owned, non-owned, leased and hired cars. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds . 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 FS2\296\099999-3000\2022693.2 m00/22/95 -3- they are of a financial category Class VII or better, unless such requirements are waived by the Director of Administrative Services 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 and effect until December 31, 1997 . 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. FS2\296\099999-3000\2022693.2 m06/22/95 -4- 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 FS2\296\099999-3000\2022693.2 m08/22/95 -5- 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 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. FS2\276\099999-3000\2022693.2 mOB/22/95 -6- CITY: CO I Y REDE OP AGENCY Executive Director ATTEST: �j ✓� S Assistant Secretary Cu E5' I �f. APPROVED AS TO FORM: Agency Catz el [SIGNATURES CONTINUED ON NEXT PAGE] FS2\296\099999-3000\2022693.2 .00/22/95 -7- CONTRACTOR: SANBORN A/E, INC. 1%� Name: / ' John L. Sanborn Title 1 Vice-President Address : 1227 S . Gene Autry Tr. , #C Palm Springs, CA 92264 [END OF SIGNATURES] FS2\276\099999-3000\2022693.2 mOB/22/95 -8- EXHIBIT "A" SCOPE OF SERVICES Sanborn A/E, Inc. (SAE) will provide the following services : 1 . Topographic Map (a) SAE will prepare an aerial topographic map of the site at a scale of 1" = 201 . The mapping will include a 50 foot strip of the surrounding property. 2 . Improvement Plans (a) Parking Lot: (1) SAE will prepare one set of parking lot improvement plans including lighting, at a scale of 1" = 401 . We estimate that 4 sheets will be required including a title/detail sheet. The plans will be prepared to the standards of the City of Palm Springs. (2) SAE will prepare a hydrology study for the parking lot design. (b) Belardo Road: SAE will prepare one set of plan and profile street improvement plans at a scale of 1" = 40' . We estimate that 2 sheets will be required including the title sheet. SAE will provide the necessary field survey cross sections to prepare said plans . The plans will be prepared to standards of the City of Palm Springs. 3 . Landscape Plans: SAE, in association with TKD Associates, will prepare landscape and irrigation plans for the parking lot and Belardo Road improvements. These plans will include design and construction drawings of the Heritage Trail along Belardo Road. The following are not included in our "Scope of Services": • Traffic signal relocation design • Environmental analysis of any kind • Participation in procurement of permits • Payment of fees, taxes, assessments or other charges • Printing and reproductions EXHIBIT "A" PS2\276\099999-3000\2022693.2 m09/22/95 0 EXHIBIT "A" SCOPE OF SERVICES, Continued SAE will provide the above-described services for a fee as follows : 1 . Topographic Mapping ($3, 000. 00) , City portion $1, 800. 00 Based on the total site, including the proposed Mercado Plaza and Palm Canyon portion. If parking lot/Belardo Rd. only, the topo mapping fee would be $2, 500 . 00) 2 . Improvement Plans $7, 100. 00 3 . Landscaping Plans $4, 500. 00 4 . Reimbursables $ 200 .00 Total Fees: $13, 600. 00 EXHIBIT "A" SCOPE OF SERUGES,. Continued FS2\276\099999-3000\2022693.2 m00/22/95 0 0 EXHIBIT "B" SCHEDULE OF COMPENSATION Contractor' s compensation for work described on attached Exhibit A will be $13, 600. 00, paid upon satisfactory completion of work. EXHIBIT "B" FS2\276\099999-3000\2022693.2 m06/22/95 a/1/►'�I►® RTIFr#t AIM\IG D6H5I97 m6DU6 n _� THIS CERTIFICATE IS ISSUED MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TRTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Dealey, Denton 6 Associates POLICIES BELOW. License #0020739 ... .... .. .... ... .... ...... . ..... ..... ..... ... ..... .... ..... .. .... 575 Anton Boulevard, Suite 530 COMPANIES AFFORDING COVERAGE Cosh Mesa CA 92626 COMPANY A Fireman's Fund G LETTER ... . ... COMPANY B St. Paul Fire & Marine INSURED LETTER NY Sanborn A 8 E LEOTTTER C Design Prof. Ins. Co. ,,�%t(VhL 1227 S. Gene Autry Trail Ste C COMPANY D Palm Springs CA 92264 LETTER k! l7 COMPANY E LETTER COPRA THIS IS TO CERTIFY THAT THE POLICIES OF INSUHANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ...., ... . . .... ... . ........I .... .... .. ... .. ..., .. ... -... . . . .. .... ..... ,..I CO TYPE OF INSURANCE POLICY NUMBER :POLICY EFFECTIVE POLICY EXPIRATION : LIMITSOR DATE (MMIDDp9') DATE(MMIDDIM ...: .... ..... .... ..... .... ... .. .. ..... ... ...... ...... ..... ..... '. .. ..... ..... .... ..... ...i... ...... ................. ...... .... . ............. .... .... B GENERAL LIABILITY - RP06644890 07/10/97 07/10/98 GENERAL AGGREGATE :$ 2,000,000 X COMMERCIAL GENERAL LIABILITY ` PRODUCTS-COMPIOP AEG. 'T 2,000,000 .. { .... ....... ...... ... .. CLAIMS MADE X OCCUR, PERSONAL S ADV.INJURY !S 1,000,000 i OWNER'S 6 CONTRACfOTS PROT. : ` EACH OCCURRENCE .$ 1,000,000 .. ...... ..... ..... . .. ... ... ..... ...... ..... FIRE DAMAGE(Any one fire) :S IN,CLU,DED MED.EXPENSE(Any ono person)'$ 5,000 .... ..... ........... ....... .... .... .... .... .... .... .... ... .... ... ...... ... .... ... ..., .. .... ....... ....... ..... ..... ... .. ..... ..., ...... ..... B (AUTOMOBILE LIABILITY RP06644890 07/10/97 07/10/98 COMBINED SINGLE i ANY AUTO :LIMIT 'S 1,000,000 ',..... ...... ... .... ..... ........... ALL OWNED AUi05 i BODILY INJURY f$ SCHEDULED AUTOS '(Per person) f X HIRED AUTOS :BODILY INJURY ;$ X .'NON-OWNED AUTOS j(Per accident) ! .... ..... ....... ...... . ......... ... ..... . ....... GARAGE LIABILITY :PROPERTY DAMAGE :5 EXCESS LIABILITY EACH OCCURRENCE :$ :UMBRELLA FORM AGGREGATE :$ OTHER THAN UMBRELLA FOAM WORKER'S COMPENSATION i X STATUTORY LIMITS A : AND WZP80678745 07/10/97 07/10/98 :EACH ACCIDENT ;$ 1,000,000 ' DISEASE-POLICY LIMIT $ 1,000,000 ..... .... .. .... ..:. .... ........ ..... ....... EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYEE ,$ 1,000,000 OTHER C, "PROFESSIONAL LIABILITY PL509571-01 07/10/97 07/1019B ;EACH CLAIM 1,000,000 :ANNUAL AGGREGATE 1,000,000 -DESCflIPTION-OF-iPERATIONSrLOCATIONSNEHICLESISPEC W.ITEMS RE: ALL OPERATIONS OE THE NAMED INSURED COVERED BY THE POLICY *FOR PROFESSIONAL LIABILITY COVERAGE THE TIII i1Y-OrFAL-M'SPRY'NG,3 dF•!-S-OFF-I-C-ERS-EMPtOYEES-AND-AGENTS-nE NAMED AGGREGATE LIMIT IS THE TOTAL. INSURANCE AVAILABLE AS ADDITIONAL INSUREDS FOR GENERAL LIABILITY PER THE ATTACHED ENDORSEMENT. FOR ALL COVERED CLAIMS PRESENTED WITHIN THE POLICY RE: ENGINEERING PLAN CHECK SERVICES, A3584 PERIOD. THE LIMIT WILL BE REDUCED BY PAYMENTS FOR (AI.X) INDEMNITY AND EXPENSES. 8-15-97 REVISED. 4R7IFICA7EyHOLUETI r: `' CANCELC'A7[ON. ",y .:I 77 7Iii SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF-, THE ISSUING COMPANY WILL)EKNKXC7D])KREXXXXXX CITY OF PALM SPRINGS 'i MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Ai7H: JUDITH SUMICH LEFT, elO[M3AXX)VDMXM)C)O)KMXD(MEN)MM )(MR®SJRXNX)OH[S,X KXXERXXXXXXXX} POST OFFICE BOX 2743 '::' XMRRE)(XM7(MTM(CfXBUEEXKRX�MD201R9G17,U{RR%MTK'l, NYSXH3CR�}dE16'R(TXHWF9CXXXXXX) PALM SPRINGS CA 92263.2743 +FXCFPT 10 DAYS FOB NON PAYMENI-DEIMEMIUM :AUTHORIZED REPRESENTATIVE I SHERALL GRABIAS 740 /LLB-� e x L ENDORSEMENT i'consideration of an additional premium of N/A, it is hereby understood and agreed that the following applies: [X ] ADDITIONAL INSURED CITY OF PALM SPRINGS,IT'S OFFICERS, EMPLOYEES AND AGENTS is/are Additional Insured/s as respects to work done by Named Insured. [ [ PRIMARY COVERAGE With respect to claims arising out of the operation of the Named Insured, such insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Additional Insured/s. [ ] WAIVER OF SUBROGATION It is understood and agreed that the Company waives the right of subrogation against the above Additional Insured/s for project described in certificate attached hereto. [ ] CROSS LIABILITY CLAUSE The naming of more than one person, firm or corporation as insureds under this policy shall not, for that reason alone, extinguish any rights of one insured against another, but this endorsement, and the naning of multiple insureds, shall not increase the total liability of the Company under this policy. [X] NOTICE OF CANCELLATION It is understood and agreed that in the event of cancellation of the Policy for any reason other than non-payment of premium, 30 days written notice will be sent to the following by mail CITY OF PALM SPRINGS P. O. BOX 2743 PALM SPRINGS, CA 92263 In the event the policy is canceled for non-payment of premium, 10 days written notice will be sent to the above. Policy No.: RP06644890 Effective Date: 7-10-97 Insurance Company: ST. PAUL FIRE &MARINE Issued to: SANBORN A & E �� Issue Date: 8-15-97 Authorized Representative S. Gradias