HomeMy WebLinkAboutA4367 - MCGEE SURVEYING HENRY FRANK ARCADE McGee Surveying, Inc.
A • Henry Frank Arcade Pkg Lot
AGREEMENT #4367
CM signed 6-1-01
CITY OF PALM SPRINGS
Engineering Department
CONTRACT SERVICES AGREEMENT FOR
HENRY FRANK ARCADE PARKING LOT IMPROVEMENTS
CITY PROJECT NO. 01-09
THIS CONTRACT SERVICES AGREEMENT(herein"Agreement') is made and entered into
this day day of 61'1Gt,; , 200?, by and between the CITY OF PALM SPRINGS, a municipal
corporation (herein "City") and McGee Surveying, 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.
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 Two Thousand Dollars ($2000.00) ("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default underthe 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. Brad McGee 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. 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
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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".
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 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
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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 underthis 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 orfailure 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, 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 orservices
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 priorto
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, byandforitself,
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
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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 anyfinancial
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
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
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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.
CITY OF PALM SPRINGS,
a municipal corporation
CONTRACTOR,
By. i McGee Surveying, Inc.
City Manager (Check one: Individual Partnership Corporation)
740
ATTEST: By:
' SigBnature'(Notarized)
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®„7t 11_14— Print Name&Title
By: /
APPROVED AS TO FORM: 1 Signature(Notarized)
Print Name&Title
By: <.,(6et. —
q�,__) City Attorney Mailing Address:
79301 Country Club Drive
Suite 102
Bermuda Dunes, CA 92201
(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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EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall provide professional services to the City of Palm Springs forthe Henry Frank Arcade
Parking Lot Improvements, City Project No. 01-09, as follows:
Provide topographic surveying of the existing City Parking Lot located on Lots 29, 30, and 31 of
Block 25 of the Map of Palm Springs, and the vacant lot(former site of the Rudnick Building) located
on Lot 32 of Block 25 of the Map of Palm Springs, to include all above ground features, such as:
existing curb/gutter, sidewalks, access ramps, landscape islands and cut-outs, trees and visible
utilities. Topographic surveying shall extend ten (10)feet onto adjacent Lots and into Indian Canyon
Drive. Topographic survey shall be provided to the City in the form of an Autocad R14 computer
drawing file.
Contractor agrees to begin work upon receipt of an executed copy of this agreement and within 72
hours advance notice from the City and shall complete such workwithin 14 days of commencing the
work, or portion thereof.
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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):
$2,000.00
Payment shall be made after completion of the task, or portion thereof, and within 30 days after the
City's receipt and approval of an invoice therefore.
F52\276\099999-7000\2022697.2 M2205
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acknowledged to me that he/she/they executed
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signatures(s) on the instrument the person(s),
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APA5/99 VALLEY-SIERRA, 800-362-3369