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HomeMy WebLinkAbout12/5/2001 - STAFF REPORTS (21) DATE: December 5 , 2001 TO City Council FROM: Director of the Downtown Development Center PARKING STRUCTURE PROFESSIONAL ENGINEERING SERVICES FOR THE WEST SIDE OF THE 200 SOUTH INDIAN CANYON DRIVE BLOCK DOWNTOWN RECOMMENDATION: That City Council award a contract to Sanborn A/E, Inc.of Palm Springs, California in the amount of$12,800 for professional site surveying services and the preparation of a topographic survey and a geotechnical engineering report, the latter to be subcontracted to Earth Systems Southwest of Palm Springs, in regard to the anticipated construction of a parking structure along the west side of the 200 South Indian Canyon Drive block between Arenas Road and Baristo Road, contract to be in a form approved by the City Attorney. SUMMARY: Based upon a presentation on behalf of the "Downtown Parking Think Tank" and subsequent direction from City Council, staff proposes that a detailed site engineering survey and base maps required for architectural/engineering design services and construction of a proposed parking structure at the referenced location proceed at this time in order to expedite the design and construction process. BACKGROUND: In order for this proposed parking structure to begin construction on or about June 1, 2002 and be completed by the end of November, 2002, and thus minimize construction impacts to adjacent businesses and not lose another season before implementation of the needed parking downtown, the preparation of a site topographic survey and geotechnical report should begin at this time. Property acquisition negotiations are in process with private land owners at this site, and no substantial obstacles to the assembly of the site under City ownership are anticipated at this time. Further, since Market Value Appraisals for each included parcel have been made by Dozier Appraisal Company, this engineering data is necessary in order to assure that the subject site is structurally capable of supporting the proposed parking structure prior to acquisition by the City. Staff recommends that the required site engineering services be provided by Sanborn A/E, Inc. of Palm Springs who will subcontract with Earth Systems Southwest of Palm Springs for the geotechnical report included 42014 Downtown Parking Structure Consulting Services December 5, 2001 Page Two within the overall scope of services. The reasons for recommending this team for this time sensitive assignment are as follows: 1) The firms are both local and will offer a short mobilization period and a convenient on- site presence; 2) Sanborn already has aerial photography of this site in their files suitable for plotting the topographic base map, thus avoiding this additional cost and related time delay; 3) Sanborn has previously conducted property surveys for the City and private property owners on this block, thus having this previously generated data for their use in this effort; and 4) Sanborn recently completed the engineering services for the Arenas Road Streetscape Improvements Project which is directly adjacent to this project site. This team will complete this work within three weeks of written authorization to proceed and receipt of property Title information. The total cost for this work is $12,800, and the funding for this task will come from the Parking Fund (132-4462-43200), and is anticipated to be reimbursed from the eventual proceeds of a bond issue. L6 W ', I ERR A. OGBU irect r, wntow Development Center DAVID J. BARMAN City Engineer HAROLD GOOD Director of Procurement and Contracting APPROVE City Manager c ATTACHMENTS: 1. Resolution REVIEWED BY DEPT. OF FINANCE 2. Contract ' . '1'-' r/ o?D�4 2 CITY OF PALM SPRINGS DRAFT Engineering CONTRACT SERVICES AGREEMENT FOR DOWNTOWN PARKING STRUCTURE SURVEY THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this _ day of , 2001, 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 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$12,800.00 ("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. FS2\276\099999-3000\2022693.2 m08122/95 R. dI 09/01/98 -1- aoA 3 3.2 Contract Officer. Jerry Oeburn 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 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. F62\276\099999-3000\2lY22693.2 m08/22/95 Revi"0101198 aP A Y (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 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 1, 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 F82\276\099999-3000\2022693.2 m08=95 Rwucd 09/01/98 3 s 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. 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 FS2\276\099999-3000\202 3.2 m08122/95 Reviud 09/01198 4- «/O�w 4 - 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. ATTEST: CITY OF PALM SPRINGS, a municipal corporation By: City Clerk City Manager APPROVED AS TO FORM: City Attorney F521276\0999913000\2022693.2 .09122/95 Revuul 09/01198 �O� 5- (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). (Check one: _Individual —Partnership Corporation) CONTRACTOR: SANBORN AM INC. By: Signature (Notarized) Print Name&Title By: Signature (Notarized) Print Name &Title Mailing Address: 1227 So. Gene Autry Trail, Suite C Palm Springs, CA 92264 (END OF SIGNATURES) F52\275\099999-9 A2022M.2 m08/22/95 Revised 09/01/98 EXHIBIT "A" SCOPE OF SERVICES Sanborn A/E,Inc. shall perform surveying services for the topographic survey and geotechnical report of the downtown parking structure located on S. Indian Canyon Drive. The scope of services will include the following services: 1. Prepare an Aerial Topographic Map of the property located on the west side of the 200 South Indian Canyon Drive, including: (a) Elevations of top and flow line of street curbs adjacent to site. (b) Finish floor elevations of adjacent buildings. (c) Elevations of existing surfaces at adjacent buildings. (d) Delineate existing property lines on said map, based on owners supplied title information. 2. Provide a Geotechnical Engineering Report of the site, to include: 1. A visual site assessment shall be performed regarding surficially observed general site conditions,, including a review of record information and available published reports pertinent to the area near the site. 2. Exploration and classification of the soil conditions in the area of the parking structure shall be by means of sampling within 5 to 6 exploratory borings drilled to depths ranging from 40 to 60 feet below existing ground elevation. The exploratory borings shall be accomplished using a truck mounted drilling rig. The exposed soil profile shall be examined relative to soil conditions and groundwater (if encountered) conditions at the site. Samples of the surface and subsurface materials shall be taken at various intervals, logged and tested at a soils laboratory. 3. Laboratory tests shall be performed on selected soil samples obtained from the exploratory borings. The laboratory test results shall classify and determine the pertinent engineering properties of the various soils encountered at the site. 4. Engineering analysis shall be performed of the data generated from the investigation resulting in the compilation of a written report presenting findings and providing recommendations related to the following: a. Site geology and seismicity with seismic design recommendations. b. Review of existing reports previously prepared for sites in the vicinity of the subject site, and specifications for placement of fill and utility trench backfill. C. General design criteria for foundations of the proposed parking structure for both shallow spread footings and alternate deep foundations if necessary (under seismic and static conditions), including anticipated building settlement quantities. F82\276\099999-3000\2022693.2 m08/22195 Rcvi.d 09/01/98 EXHIBIT "A" an,� 9 Exhibit "A" Page 2 d. Recommendations for concrete slabs-on-grade as related to moisture vapor protection and modulus of subgrade reaction. e. Soluble sulfate, chlorides, pH, resistivity, and expansiveness of soils. f. Asphalt Concrete and PCC Concrete pavement design criteria recommendations. F82\276\0999993 \2022fi93.2 m08/22/95 Revved 09/01/98 EXHIBIT "A" � p 07Di4 /D EXHIBIT "B" SCHEDULE OF COMPENSATION Contractor's compensation for services described on attached Exhibit "A"and itemized below: 1. Topographical Survey and Mapping $5,400.00 2. Geotechnical report 7,400.00 TOTAI: $12.800.00 Reimbursables (printing and reproductions) will be billed at a rate of "cost plus 15%. PS2\276\�3000\2]2 3.2 m0812 95 Revved 09/01/98 EXHIBIT "A" RVA l� RESOLUTION NO. OF THE CITY CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT WITH SANBORN A/E, INC. OF PALM SPRINGS, CALIFORNIA IN THE AMOUNT OF $12,800 FOR PARKING STRUCTURE CONSULTING SERVICES FOR THE WEST SIDE OF THE 200 SOUTH INDIAN CANYON DRIVE BLOCK IN DOWNTOWN PALM SPRINGS. WHEREAS the "Downtown Parking Think Tank" has issued its parking recommendations, including a proposed parking structure located along the west side of Indian Canyon Drive between Arenas Road on the north and Baristo road on the south; and WHEREAS City Council requires more detailed site engineering information in order to facilitate the timely design and construction of this project; NOW THERE BE IT RESOLVED that City Council approves a contract with Sanborn A/E, Inc. of Palm Springs, California in the amount of $12,800 for parking structure site engineering consulting services for the west side of the 200 South Indian Canyon Drive block in downtown Palm Springs. ADOPTED this 5th day of December, 2001. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED & APPROVED AS TO FORM OW h