HomeMy WebLinkAboutC23210F - David Evans & Assoc. �'1r�� CITY OF PALM DESERT
� �
DEVELOPMENT SERVICES
. INTEROFFICE MEMORANDUM
To: Carlos L. Ortega, City Manager
From: Jay Niemczak, Parks Maintenance Supervisor
Date: March 23, 2007
Subject: Authorization for the City Manager to Approve Payment for the
Design of the Well Site at Freedom Park
Contents: 1. Public Works Staff Report Accepting the Well Site
2. David Evans and Associates Design Proposal
3. Agreement
Stonebridge Development, tract no. 29468 located at the northeast corner of Tamarisk
Row Drive was conditioned to construct a well site wa{I located in Freedom Park. !n
addition to the construction of the wall, Stonebridge was required to provide a drainage
pipe to the drainage basins in Freedom Park, and run an electrical conduit to the well
site for future use. In July of 2006, Stonebridge Development approached the City and
asked that the City build the well site wall in conjunction with Freedom Park.
Stonebridge Development offered to pay the City $65,925.51 in construction costs for
the well site. The Department of Public Works accepted the proposal.
During construction of Freedom Park, it was discovered that Stonebridge Development
did not meet all the requirements of the Coachella Valley Water District (CVWD), and
through negotiations between the City and CVWD, there has been an agreement in the
final design of the well site at Freedom Park.
David Evans and Associates (DEA) is an approved pre-qualified consultant for the City
and is the principle designer of Freedom Park. DEA has offered to complete the
required design changes to the well site for an amount �ot to exceed $23,255.00.
Approval of Freedom Park Well Design
Page 2 of 2
March 23, 2007
Staff recommends that the City Manager approve and execute the attached agreement
with David Evans and Associates in an amount not to exceed $23,255.00, coming from
Account No. 854-0000-222-000. If approved, Staff will take the agreement to the City
Council for ratification.
Submitted By:
�~
Niemczak
arks Maintenance Supervisor
Review and Concur:
,
r
J is Steele o r Croy
ark & Recreation Services Manager ACM for D ment Services
APPROVAL:
Carfos L. Orte
City Manager
G�DevServ�ceeUay NiemczelADEA weli site deeipn tloc
. •`y� i',
` �Y.�
CITY OF PALM DESERT
PUBLIC W�RKS DEPARTMENT
STAFF REPORT
RE4UEST: Release Improvement Security for Tract 29468 for
Stonebridge Development
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLlCANT: Stonebridge Palm Desert, LLC
3525 Lomita Boulevard, Suite 20Q
Torrance, California 90505
Bonding Company
American Motorists Insurance Company
Bond No.:3SM04904000
DATE: July 13, 2006
CONTENTS; Vicinity Map � �
Recommendation:
By minute motion, authorize the City Clerk to release the subject
improvement security for Tract 29468, Stonebridge Palm Desert,
LLC, in the amount of$641,716.00.
Discussion:
Tract 29468, Stonebridge Development, is located at the northeast comer of
Tamarisk Row Drive and Country Club Drive. At tfte time of grading permit
issuance the subject securities were posted with the City for the grading and
street improvements.
All grading and improvements have been completed except for the construction
of a block wa{I surrounding a CVWD wel) site located in Freedom Park that
Stonebridge was conditioned by CVWD to build. The tatal cost of construction of
the wafl has been determined to be $98,485.00. Stonebridge has already paid
$32,559.49 in materials and supplies for the wa!! and will be paying the City an
additional $65,925.51 to construct the wafl.
A normal one-year maintenance bond has been submitted in the amount of 10%
of the Faithful Performance bond amount.
Release Security for Tract 29468
July 13, 2006
Page 2 of 2
Therefore, staff recommends that the City Council accept work as completed and
authorize to refease the subject impravement security for 7ract 29468,
Stonebridge Palm Desert, LLC, in the amount of$641,716.00.
Submitted By:
G'lti�e.«
M Greenwood, P.E.
Director of Public Works
Approval:
�F
. � �
�--
N'o er Croy Pauf Gibso
G�CM for Development Services Finance Di or
Carlos Orteg
City Manager _
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Pebruary G,2Q07 t::)�\V!F.::� 4�.\�/a f�l�
Mr. Jay N�cmczak nn+u 1'�.� `ci(..a C; l/�,'( F��� i r�c.
City of Palm Desei�t
73-510 Pred Waring Road
Palm Dcscit,CA 92253
SUBJECT: PAItCFI,/EASEMENT DOCIJMENTATCON AND SITI;PLAN REVISIONS
David Evaiis&Associates, Tne. (DEA)is pleased to submit tliis proposal for design services to revise tl►e construction
drawings for Freedoin Park. Tltc fec below reflects our agrcemeut.
'1'ask 1 —Legal Descriptions and Plats�$G,725
DEA w�ill preparc legal descriptions and plats for the necessary easements ns pait oC the latest proposal for cxu•a scrv�ccs fa
the i'reedom Park project. Tlie 6�st is an easement for tlie wcll site,tl�c seconcl is to provide access to tlic weU site and tl�c
third is for the drainage area.Our field crews will verify tlie locations of the easements.Tlic City and t]ie water district will
need to agree upon the locahons pcior to tGe preparadon of die documents.
Task 2—Sitc Grading Plan -S10,800
DEA will develop a separate grading plan based oii the plan developed by Meyers and Associatcs dated August 29,2006 to
reflect the wcll site grading improvements. The pla�i will address the well site grading,wall and gate placcment,the
placement of tl�c blow-off basiti within the well site(as provided by CV WU,to coru�ect to tlie existing ball field basins), the
acidition of a drainage pipe connecting the two ball field basins,aiid tt�e extension af an existing domestic water line into the
si4e(a distance of approximately l 50 feet,plan vicw only).
Two submittals to the City and CVWU and two plan check review cycles are anticipated. Addition of well site features or
changes to the proposed configuration and scope are considered additional se�v�ces and witl be porforined at an additional
ncgotiated fec.
TAsk 3—Planting and irrigation-$1,700
The planting anci irrigation plans w�ill be revised accordi►ig to tlie new well site configuration and blow off basin
configuration. Irrigation plans will also be revised to accommodate tlie ne�v requirement by CV WD tliat all irrigation
meters must be locatcd off of Country Club rather than Liberty.
Task 6—Reimbursables$4,400
Government fees,mileage,delivei•y costs sucli as Federal Express charges and ptotting/reproduction se�vices are considered
rcimbursable fees and will be billed at our direct cost.
Total Fees- 323,225.00
DEA pc•oposes to complete the above tAsks for the fees noted. Invoices will be due and payable within 30 days and will be
sent monthly based upon tl�e perce�riage of work completed. Any servicc requested which does not fafi within the scope of
services listed,or any duplication of work due to changes dosir�d by the owner or modified by ihe engineer, will be
perfornled on an"Extra Services"basis and negotiated accordingly.
Sincerefy,
DAVID NS D ASSOCIATGS,INC.
� �
Cl�ris Giannini,I,.A.4287
1955 Chlcago Avenue Swre 200 Riverside California 92507 7elephone:951.6�32.8500 Facsimile:951.6Ei2.a505
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this 23 day of March, 2007,
("Effective Date") by and between the CITY OF PALM DESERT ("City") and David
Evans and Associates ("Consultant") (sometimes referred to individually or collectively
as "Party" or "Parties").
WITNESSETH
WHEREAS, City desires to retain Consuitant as an independent contractor to perform
certain technical and professional consulting services in connection with the Freedom
Park well site design , subject to the terms and conditions specified below, in the
documents attached and incorporated herein, and applicable federal, state and local
law.
NOW, THEREFORE, in consideration of performance by the Parties of the
mutual promises, covenants, and conditions herein contained, the Parties hereto agree
as follows:
1. Consultant's Services.
1.1 Nature of Services. Consultant shall provide professional and
technical services on a non-exclusive basis, as more particularly described in Section 3,
be{ow, and the attached Proposal for Architectural Services.
1.2 Personnel. Consultant represents that it has, or will secure at its
own expense, all personnel required to perform the services under this Agreement. All
of the services required under this Agreement will be performed by Consultant or under
its direct supervision, and all personnel engaged in the work shall be qualified, and shall
be authorized or permitted under state and local law to perform such services.
1.3 Standard of Performance. Consultant shall perform all services
under this Agreement in accordance with the standard of care generally exercised by
like professionals under similar circumstances and in a manner reasonably satisfactory
to City.
1.4 Consultant Representative. For the purposes of this Agreement,
the registered architect, engineer, or landscape architect who will serve as the
Consultant Representative shall be Chris Giannini ("Consultant Representative").
1.5 Time of Commencement. The execution of this Agreement by the
Parties does not constitute an authorization to proceed. A separate written Notice to
Proceed shall be issued by the City Representative, and Consultant shalf not
commence work until receipt of such written Notice(s) to Proceed, as further set forth in
Sections 2 and 3, below. .
1.6 Time of Performance/Time is of the Essence. Consultant shall
commence the services contemplated under this Agreement immediately upon receipt
of a written Notice to Proceed from the City, and shall prosecute to completion each
task listed in Section 3 in a timefy and diligent manner.
Professional Services Agreement—City—V.1
2. Services by City :
2.1 City Representative. For the purposes of this Agreement, the City
Representative shall be Jay Niemczak, or such other person designated by the City's
Executive Director ("City Representative").
2.2 Provision of Data. All information, data, reports and records and
maps as are existing and available from the City and necessary for the carryings out of
the work outlined in the Proposal for Architectural Services hereof shall be furnished to
Consultant without charge by City, and City shall cooperate in every way reasonable in
the carrying out of the work without delay.
2.3 Tests and Inspection. The City shall furnish structural, mechanical,
chemical, and other laboratory tests, inspections, and reports as required by law or the
cont�act documents, provided howeve� that the Consultant shall advise the City in
advance of the necessity of such tests and inspections, and shall coordinate and
cooperate with the testing and inspection agencies, if any, at no additional cost to the
City.
3. Consultant's Scope of Work. Upon delivery by City to Consultant of a
written Notice to Proceed, Consultant shall immediately commence work pursuant to
this Agreement. Consultant's scope of work shall consist of the services in the attached
Proposal for Architectural Services appended to this Agreement.
3.1 Reporting & Record Keeqinq. To assist City in the performance of
its planning, reporting, and financial administration obligations, Consultant shall,
throughout the term of this Agreement, keep City reasonably informed of progress on
work required under this Agreement, and of any problems or delays, anticipated or
otherwise, associated with each aspect of the work. Consultant shall promptly respond
to any request by City for information, progress reports, or documentation. Consultant
shall maintain accurate records of all work performed for each Assignment under this
Agreement, including but not limited to originals or copies, as applicable, of all
deliverable documents. Upon the completion of work, and if requested by the City,
Consultant shall deliver to City the originals of all renderings, models, or documentation
produced, and may retain copies of such documentation, at Consultant's election.
3. 2 Comaliance with Laws. Consultant shall at all times possess any
and all licenses and permits necessary to provide the services herein, and shall comply
with applicable federal, state and local laws, ordinances, codes and regulations in the
performance of this Agreement, and with all applicable with any applicable City of Palm
Desert policies and guidelines.
3.3 Confidentialitv. Except as otherwise permitted or required by law,
Consultant shall maintain as confidential and shall not disclose any and/or all
information received in the course of performing pursuant to this Agreement.
Consultant shall promptly inform the.City in the event Consultant receives a subpoena
or court order requiring disclosure of confidential information.
4. Compensation. City shall pay Consultant for the Services provided
under this Agreement on the following basis.
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4.1 Not-to-Exceed Fee: City shall pay to Consultant a total amount not
to exceed $ 23,225.00 for the basic services described in the Proposal for Architectural
Services. Payment shall be made on a monthly basis. The not-to-exceed fee shall not
be exceeded without written agreement between the parties.
5.2 Additional Services: Additional services beyond those described in
the Proposal for Architectural Services shall be reimbursed on a time-spent basis at the
hourly rates described in the Proposal for Architectural Services. City shall not be
obligated to compensate Consultant for additional services performed without advance
authorization from the City Representative.
5.3 Extraordinary Expenses/Costs. No claims for additional services,
expenses or costs incurred by Consultant will be allowed unless such additional
services, expenses or costs are authorized by City in writing prior to the pertormance or
incurrence of such services, expenses or costs. Any additional services, expenses or
costs authorized by City shall be compensated at rates mutually ag�eed upon by the
Parties in writing.
6. Method of Payment.
6.1 Invoices. Consultant shall submit to City invoices each month for
all services, if any, completed, and all expenses or costs incurred pursuant to this
Agreement during the preceding month. The invoices shall describe the services
rendered during the period and shall show the number of hours worked, the hourly rates
charged, and any milestone achievements. Copies of receipts for expenses or costs
shall be submitted with each invoice. City shall review such invoices and notify
Consultant in writing within fifteen (15} calendar days of any disputed amounts.
6.2 Pavment. City shall pay all undisputed portions of the invoice
within thirty (30) calendar days after receipt of the invoice up to the maximum amounts
set forth in Section 5.
6.3 Audit of Records. At any time during regular working hours, all
records, invoices, time cards, cost control sheets and other records maintained by
Consultant shall be available for review and audit by the City.
7. Ownership of Work Product.
7.1 Propertv of Citv. All documents including but not limited to plans,
bids, proposals, correspondence, permits, certificates, contracts, change orders,
invoices, receipts, reports, analyses or other w�itten material developed or obtained by
Consultant in the performance of this Agreement, including any and all intellectual
property rights arising therefrom ("Work Product"), shall be and remain the property of
City without restriction or limitation upon its use or dissemination by City. Promptly
upon the completion of each Assignment, or at any other time upon reasonable notice
to Consultant by City, Consultant shall deliver all Work Product to City.
3
8. Conflict of Interest/Prohibited Conduct and Interests
8.1 Conflict of Interest. Consultant and its officers, employees,
associates and sub consultants, if any, will comply with all conflict of interest statutes of
the State of California applicable to ConsultanYs services under this Agreement,
including, but not limited to, the Political Reform Act (Govemment Code Sections
81000, et seq.) and Government Code Section 1090. During the term of this
Agreement, Consultant shall retain the right to perform similar services for other clients,
but Consultant and its officers, employees, associates and sub consultants shall not,
without the prior written approval of the City Manager, perform work for another person
or entity for whom Consultant is not currently performing work that would require
Consultant or one of its officers, employees, associates or sub consultants to abstain
from a decision under this Agreement pursuant to a conflict of interest statute.
8.2 No Solicitation. Consultant, on behalf of itself and its o�cers,
employees, agents and representatives, warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for Consultant,
to solicit or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration,
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to terminate this Agreement without
notice or liability, or in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift or contingent fee.
8.3 No Financial Interest - Citv. No officer, member or employee of
City during his or her tenure or one year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and
agree that to their knowledge no member of the City Council, or officer or employee of
City, has any interest, whether contractual, non-contractual, financial or otherwise, in
this Agreement, or the subject matter thereof, nor any business or financial relationship
with Consultant, and that if any such interest comes to the knowledge of either Party at
any time a full and complete disclosure of all such information will be made in writing to
the other Party or Parties, even if such interest would not be considered a conflict of
interest under applicable laws.
8.4 No Financial Interest — Consultant. Consultant hereby covenants,
on behalf of itself, and its officers, employees, agents and representatives, that at the
time of executing this Agreement it has no interest, and that it shall not acquire any
interest in the future, direct or indirect, which would conflict in any manner or degree
with the performance of services required to be performed pursuant to this Agreement.
Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by Consultant. At no time during the te�m of
this Agreement, and for one (1) year.thereafter, shall Consultant or anyone acting on
Consultant's behalf, accept anything of value from any contractor or subcontractor
performing services in connection with the HIP.
9. Indemnification. Other than in the performance of professional seniices
and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold
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the City, the Redevelopment Agency, and City's and Agency's elected officials, officers,
employees, agents and volunteers free and harmless from and against all tort liability,
including liability for claims, suits, actions, expenses or costs of any kind, whether
actual, afleged or threatened, actual attorney's fees, court costs, and expert witness
fees incurred by City or Agency, arising out of or in any way connected with, in whole or
in part, the acts or omissions of Consultant, or any of Consultant's officers, agents,
employees or contractors, in the performance of this Agreement, including but not
limited to, claims, suits and liabilities for bodily injury, death or property damage to any
individual or entity, including employees or officials of Consultant. The provisions of this
paragraph shall not apply to claims arising out of the sole negligence or willful
misconduct of City or Agency, any of City's or Agency's elected officials, officers,
employees or agents.
in addition to the foregoing, Consultant shall indemnify, protect, defend and
hold harmless the Agency and the City of Palm Desert, their officials, employees,
agents and representatives from and against any and all losses, liabilities, damages,
costs, and expenses, including attorney's fees and costs to the extent same are caused
in whole or in part by any negligent or wrongful act, error, or omission of the Consultant,
its officers, agents, employees or subConsultants (or any entity or individual that the
Consultant shall bear the legal liability thereofl in the performance of professional
services under this agreement.
10. Insurance.
Consultant will maintain insurance in conformance with the requirements set forth
below. If Consultant's existing coverage does not meet the requirements set forth here,
it wilt be amended to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to City in excess of the limits and coverage
required in this agreement and which is applicable to a given loss, will be available to
City.
10.1 Workers' compensation and employer's liabilitv. Consultant
shall provide Workers Compensation and Employer's Liability Insurance on an
approved policy form providing benefits as �equired by law with emptoyer's liability limits
no less that $1,000,000 per accident or disease.
10.2 Professional Liabilitv or Errors and Omissions. Professional
Liability or Errors and Omissions insurance as appropriate shall be written on a policy
form coverage specifically designed to protect against acts, errors or omissions of the
Consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no
less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf
of" the insured and must contain a provision establishing the insurer's duty to defend.
The policy retroactive date must be on or before the effective date of this agreement.
10.3 Automobile liabilitv. Consultant shall provide auto liability
coverage with a limit of no less than $1,000,000 per accident. If Consultant owns no
vehicles, this requirement may be met through a non-owned auto endorsement to the
CGL policy.
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10.4 Waiver. If the Consultant does not carry Worker's
compensation coverage, or if the Consultant will not operate any vehicles at any time
within the scope of the services in the agreement, provisions for these coverages may
be waived upon review and approval of the City's Risk Manager.
11. Status as Independent Contractor. Consultant is, and shall at all times
remain as to City, a wholly independent contractor. Consultant shall have no power to
incur any debt, obligation, or liability on behalf of City. Neither City nor any of its
officials, employees or agents shall have control over the conduct of Consultant or any
of Consultant's employees, except as set forth in this Agreement.
12. Non-Assignability; Subcontracting. Consultant shall not assign or
subcontract all or any portion of this Agreement without the City's prior, written consent.
Any attempted or purported assignment or sub-contracting by Consultant shaN be null,
void and of no effect.
13. Non-Discrimination and Equal Employment Opportunity. In the
performance of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental disability, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental disability, medical condition, or sexual
orientation. This clause shall be included in any contract prepared or approved by
Consultant in connection with performance of its services under this Agreement.
14. Cooperation. In the event any claim or action is brought against
Redevelopment Agency or City relating to Consultant's performance or services
rendered under this Agreement, Consultant shall render any reasonable assistance and
cooperation which Agency or City might require.
15. Termination. The right is reserved by the City to terminate the
Agreement at any time upon seven (7) days written notice, in the event the project is to
be abandoned or indefinitely postponed, or in the event the Consultant's services, in the
sole judgment of City, are unsatisfactory or because of the Consultant's failure to
prosecute the work with diligence or within the time limits specified or because of his
disability or death. In any such case, the Consultant shall be paid the reasonable value
of the services rendered, based upon Consultant's standard hourly rates, up to the time
of the termination. The Consultant shall keep adequate records to substantiate costs
and provide copies of original time-cards in the event of termination or suspension.
16. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be given by first class U.S, mail or by personal service. Notices shall
be deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during Consultant's and City's regular business hours or by facsimile before or
during Consultant's regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth
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in the Agreement, or to such other addresses as the Parties may, from time to time,
designate in writing pursuant to the provisions of this section. All notices shall be
delivered to the Parties at the following addresses:
City: Jay Niemczak, Park Maintenance Supervisor
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 799-1044
Consultant:
Tel:
Fax:
17. Non-Waiver of Terms, Rights and Remedies. Waiver by either Party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
18. Attorney's Fees. In the event that either Party to this Agreement shall
commence any legal action or proceeding for damages for breach, or to enforce or
interpret the provisions of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover its costs of suit, including reasonable attorney's
fees and experts' costs.
19. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall
prevail.
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20. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. No promise or representation,
whether oral or written, express or implied, that is not set forth herein, shall be binding
or have any force or effect. This Agreement may not be amended, nor any provision
waived, except in a writing signed by the Parties which expressly refers to this
Agreement.
21. Partial Invalidity. In case any provision of this Agreement should be
deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any
respect, the validity, legality or enforceability of the remaining provisions shall not be
affected or impaired thereby.
22. Successors. This Agreement shall bind and inure to the benefit of the
respective heirs, personal representatives, successors and assigns of the parties to this
Agreement.
23. Waivers. No waiver of any breach or default of any term or provision of
this Agreement shall be deemed a waiver of any other term or provision of this
Agreement, and no waiver shall be valid unless in writing and executed by the waiving
party.
24. Construction. Section headings in this Agreement are solely for the
convenience of the parties and are not a part of and shall not be used to interpret this
Agreement. This Agreement shall not be construed as if it had been prepared by one of
the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all
references to Sections ace to this Agreement. All exhibits to this Agreement are hereby
incorporated by reference.
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IN WITNESS WHEREOF, said parties have executed this Agreement effective
as of the Effective Date above.
CONSULTANT
By:
lts:
CONSULTANT
By:
�ts:
CITY OF PALM DESERT
Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
APPROVED AS TO FORM
Dave Erwin, City Attorney
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