HomeMy WebLinkAboutA4362 - SANBORN A/E ARENAS RD IMPR CP01-12 MO6848 Sanborn. A/E, Inc.
• . Indian Cyn to Calle Encilia
CP 01-12
AGREEMENT #4362
M06848, 5-16-01
CITY OF PALM SPRINGS
Engineering
CONTRACT SERVICES AGREEMENT FOR
ARENAS ROAD IMPROVEMENTS DESIGN SERVICES
Indian Canyon Way to Calle Encilia, City Project No. 01-12
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into
this/'V�day of ( , 2000, by and between the CITY OF PALM SPRINGS, a municipal corporation
(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 Scone 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$18,000.00 ("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.
3.2 Contract Officer. City Engineer is hereby designated as being the
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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 Assi ng ment. 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
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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 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 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
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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 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
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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: CITY OF PALM SPRINGS,
a municipal corporation
By:
City Clerk City Manager
APPROVED AS TO FORM: v
_(2ity Attorney
!ED ='iV �1�i1� ✓�J.. „ (�1��'J�i'":I'��L
M-
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(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
(Check one: —individual _ Partnership Officer).
Corporation)
CONTRACTOR: SANBBORN A/E, INC.
By: 61 CG1 yn'
Notarized Signature
L/1013YW fin c slv�ewi
Print Name & Title
By: r6 ry
Notarized Signature
P{{m Name & Titie
Mailing Address: 1227 So. Gene Autry Trail
Suite C
Palm Springs, CA 92264
(END OF SIGNATURES)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I �I
I State of California
I.
County of Riverside
ss.
On = zz-� before me, Margot C. Desrosiers Notary Pub]ir
Dal Name antl Title of Of1U-11(e g "Jane Doe,Notary Pubhc'')
Personally appeared
ame(s)ol Slgner(s)
personally known to me
❑ proved to me on the basis of satisfactory I
evidence
to be the person(@} whose name(s} is/ace
MARGOT C. DESROSIERS subscribed to the within instrument and
Cornmission#1265938 Z acknowledged to me that he/sbek;aw executed
NotaryPublic-California the same in his/h> sh- authorized
Riverside County capacitylj�l and that by his/hefA ie'r
C 1. un2 signature(4on the instrument the personjaJ, or
the entity upon behalf of which the person(a)
acted, executed the instrument.
WITNESS my hand and off' seal.
Place Nola Seal Above ubire
�' // Signature of Notary Pubbc
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
I' Title or Type of Document:
Document Date: Number of Pages-
Signer(s) Other Than Named Above: 'I
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer—T'tle(s): Top of thumb here
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
I
I
01999Na1wnal Notary Assc ,ion.936 SmoAVe.PO 6 x2402-Chalswwh,CA913132402-wu lionalrowryorg PrM No 5907 gpprdac Call Toll-Ree I BW 876-M27
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
I' County of Riverside
On - 94 ® , before me, Margot C. Desrosiers Notary Plfblir
/Data Name and Title of Officer(r ,"Jane Coe,Natary Public')
personally appeared - -n- ti " In hn Sanborn Ili
Name(s)of Slgner(s) Ce-PrPS
personally known to me
proved to me on the basis of satisfactory
evidence
MARGOT C. DESROSIERS
Commission#1265938 z to be the person(ej whose name(@ is/a4;e
«i Notorli tic-Colifomia subscribed to the within instrument and
Riverside County acknowledged to me that he/&koA " executed
A,comm.Wires Jun 2.2QOh�'111 the same in his/hae 4ok authorized
capacity(ii and that by his/ t
signature42 on the instrument the person, j, or
the entity upon behalf of which the person(e
ji acted, executed the instrument.
I
WIZNESS my hand and off ' I seal.
Place Notary Seal Above � Slgnalure of Notary Public
I
I'
OPTIONAL
1. Though the information below is not required bylaw,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date:
I, Number of Pages:
t
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
I' Top of thumb here ,I
I. ❑ Corporate Officer—Title(s):
, ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ TrusteeI
❑ Guardian or Conservator "
❑ Other:
,
I
Signer Is Representing:
I
,
I �
01999 National Notary A aaviatan•9350 De Soto AVo,PO,Box M2•Ghatsi CA 91 31 3-2 4 02•aaw naLooe9tolaryor9 Prod No 59W Remtlor Call Tail Fate 1-9o0 876-6927
EXHIBIT "A"
SCOPE OF SERVICES
Arenas Road - Indian Canyon Way to Calle Encilia•
TASK I - Attend Kick-Off Meetine
Perform field topographic survey, utility research, and prepare one set of "Plan only"
improvement plans at scale of 1"=20', in accordance with City of Palm Springs
Standards. Design to be based upon conceptual design drawing by Jerry Ogburn, dated
3/21/01 and provided to contractor by City. Plans to be on 24" X 36" City title block
sheets, and also provided in digital format (Autocad version R13), on 3-1/2" disk.
TASK 2 - Prepare landscape and irrigation plans based upon conceptual plans mentioned in Task I
above. Contractor to coordinate for necessary water and electrical service. Plans to be
as in Task I above.
TASK 3 - Prepare plans for Arenas Road lighting system utilizing City Downtown Standard
lighting fixtures. Design to include all lighting circuits and controls, load and voltage
drop calculations and coordination of meter location and service points with So. Calif.
Edison Co. Plans to be as in Task I above.
TASK 4 - Prepare constriction cost estimates for plans prepared under Tasks 1, 2 and 3 based on
final, City approved plans.
TASK 5 - Prepare technical specifications in City of Palm Springs "Greenbook" format, using City
"boiler plate" documents in Microsoft Word Version 97. Provide complete camera-
ready specification hardcopy document, and also in digital format on 3-1/2" disk.
Provide answers to inquiries during bidding phase and attend pre-construction
conference.
Additional Insurance per Section 4.1d 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.
EXHIBIT "A"
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
TASK I Lump sum fee of $10,000.00
TASK 2 Lump sum fee of $ 2,500.00
TASK 3 Lump sum fee of $ 3,000.00
TASK 4 Lump sum fee of $ 650.00
TASK 5 Lump sum fee of $ 1,500.00
Printing and reproduction allowance: $ 350.00
TOTAL: $18,000.00
Tasks 1 through 5 shall be completed and submitted to City within 5 weeks of receipt of written
authorization to proceed from City.
City budget amount including design, construction and contract administration is $275,000.00
Payment shall be made for each task following satisfactory completion and receipt of invoice therefore
with adequate documentation.
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