HomeMy WebLinkAbout04459 - SANBORN A/E ALEJO BELARDO PARKING LOT Sanborn A/E
• *�lejo/Be -ard0 Pkg Lot Impr
AGREEMENT ; 4459
CM signed 3-19-02
CITY OF PALM SPRINGS
Public Works and Engineering Department - -- -- -- ---- --
CONTRACT SERVICES AGREEMENT FOR
ALEJO ROAD/BELARDO ROAD PARKING LOT IMPROVEMENTS
CITY PROJECT NO. 02-02
THIS CONTRACT SERVICES AGREEMENT(herein"Agreement') is made and entered into
this 0�day of 2002, by and between the CITY OF PALM SPRINGS, a municipal
corporation (herein "City") and Sanborn A/E, (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.
This agreement complies with all existing prevailing wage laws and the City shall pay
prevailing wages to workers in design and preconstruction phases including, but not limited to,
inspection and land surveying work pursuant to Labor Code section 1720.
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 Five Thousand Four Hundred Dollars ($5,400.00) ("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. John 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.
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3.2 Contract Officer. Marcus Fuller 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 thaneither(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 Compensation Insurancenorthe 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, submitnew 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 December 31, 2002.
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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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, eligion, 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 arehereby
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
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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 intothis Agreement as of
the date first written above.
CITY OF PALM SPRINGS, AGREEMENT UNDER $25,000
a municipal corporation
REVIEWED AND APPROVED BY
PROCUREMENT & CONTRACTING
By: �- �✓,
City Manager INITIALS , DATE
P.O. NUMBER
ATTEST:
�By oz�
City Clerk
APPROVED BY THE CITY MANAGER
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CONTRACTOR,
Sanborn A/E
(Check one: _Individual_Partnership_Corporation)
By: 6a�
Signature (Notarized)
ML--w m Smzo12M.
Print Name&Title
By:
ASignatur;(Notarized)
JUfFM L. JAx/fj
Print Name&Title
Mailing Address:
1227 S. Gene Autry Trail, Suite C
Palm Springs, CA 92264
(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-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF Riverside
before me, Elaine L. Wedekind, Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC'
personally appeared, John L. and Allen M. Sanborn —
personally known to me (orpfov*d to Fne an the basis i f satisfaGtGPj-evkkw.Ge)to be the person(s)
whose name&,,istgf("ubscribed to the within instrument and acknowledged to me that he/she/
(05 7-
)executed the same in his/her/t(P�)authorized capacity,( and that by his/herfifieir
-
signature(s),on the instrument the person(('j);or the entity upon behalf of which theperson(s-)-Octed,
executed the instrument.
WITNESS my hand and official seal. Ij
{ dRlE. L IMF
RIVE NQJ'JI-_' COW,rry
C'OfV'Lq.rz�P-rED 3,2003
(SEAL)
NOTARY PUBLIC SIGNATURE
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT' NUMBER OF PAGES
SIGNER(S)OTHER THAN NAMED ABOVE
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall provide professional services to the City of Palm Springs for theAlejo Road /
Belardo Road Parking Lot Improvements, City Project No. 02-02, as follows:
1. Provide topographic surveying of the existing City parking lot located at151 West Alejo Road
(APN 505-324-002); topography should include all existing above ground features(i.e. curb, gutter,
sidewalk, utilities, paved areas, etc.) in sufficient detail, including spot elevationsas necessary for
flatter areas.
2. Provide topographic surveying of Alejo Road at 25' stations (full width, including centerline,
curb and gutter each side, and existing above ground improvements/utilities within right-of-way)
between Belardo Road adjacent to the Catholic Church and Belardo Road adjacent to the existing
parking lot, approximately 250 feet.
3. Provide topographic surveying of Belardo Road at 25' stations (full width, including
centerline, curb and gutter each side and existing above ground improvements/utilities within right
of-way) between Alejo Road and the Riverside County Flood Control easement(APN 505302-023),
approximately 550 feet.
4. Provide topographic surveying of Chino Drive at 25' stations (full width, including centerline,
curb and gutter each side and existing above ground improvements/utilities within right-of-way)
between Belardo Road and North Palm Canyon Drive, approximately 550 feet.
5. Provide topographic surveying of the easterly 100 feet of the property located adjacent to the
east side of Belardo Road between Chino Drive and the the Riverside County Flood Control
easement (APN 505-322-003 and 505-322-004); topography should include all existing above
ground features (i.e. curb, gutter, sidewalk, utilities, paved areas, etc.) in sufficient detail, including
spot elevations as necessary for flatter areas.
6. Topographic surveying to be provided in an AutoCAD R14 drawing file; copies of field notes,
if created, shall be provided.
Contractor agrees to begin work upon receipt of an executed copy of this agreementand shall
complete such work within 20 working days of commencing the work.
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
Contractor's compensation for services described on attached Exhibit "A" will be on a Lump
Sum basis in accordance with Contractor's proposal, for the following lump sum fees:
Total Contract Lump Sum Fee (not to exceed):
$5,400.00
Payment shall be made after completion of thework, and within 30 days after the City's receipt and
approval of an invoice therefore.
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