HomeMy WebLinkAbout00390C - TKD ASSOCIATES FRANCES STEVENS PARK FOUNTAIN SCULPTURE TKD Associates Inc.
Frances Stevens Park
AGREEMENT#390C
CONTRACT SERVICES AGREEMENT FOR R1069, 7-7-99
CONSULTING SERVICES OF
TKD Associates, Inc.
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") , is made
and entered into this /l/_ — day of , 1999 by and between the
THE CITY OF PALM SPRINGS, (herein "Cit ") , a body, corporate and
politic and TKD Associates , Inc. (herein "Contractor") . The
parties hereto agree as follows:
1. 0 SERVICES OF CONTRACTOR
1. 1 Scope of Services. In compliance with all terms and
conditions of this Agreement, the Contractor shall provide those
services specified in the "Scope of Services" attached hereto as
Exhibit "A" and incorporated herein by this reference, which services
may be referred to herein as the "services" or "work" hereunder.
Contractor warrants that all services will be performed in a
competent, professional and satisfactory manner in accordance with
the standards prevalent in the industry, and all materials will be of
good quality, fit for the purpose intended.
1. 2 Contractor' s Proposal. The Scope of Services shall
include the Contractor' s proposal or bid which shall be incorporated
herein by this reference as though fully set forth herein. In the
event of any inconsistency between the terms of such proposal and
this Agreement, the terms of this Agreement shall govern.
1 . 3 Compliance with Law. All 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 having jurisdiction in effect at the
time service is rendered.
1. 4 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. Contractor shall have the sole
obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and
arise from or are necessary for the Contractor' s performance of the
services required by this Agreement, and shall indemnify, defend and
hold harmless City against any such fees, assessments, taxes
penalties or interest levied, assessed or imposed against City
hereunder.
1. 5 Familiarity with Work. By executing this Contract,
Contractor warrants that Contractor (a) has thoroughly investigated
and considered the scope of services to be performed, (b) has
carefully considered how the services should be performed, and (c)
fully understands the facilities, difficulties and restrictions
attending performance of the services under this Agreement. If the
services involve work upon any site, Contractor warrants that
Contractor has or will investigate the site and is or will be fully
acquainted with the conditions there existing, prior to commencement
of services hereunder. Should the Contractor discover any latent or
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unknown conditions, which will materially affect the performance of
the services hereunder, Contractor shall immediately inform the City
of such fact and shall not proceed except at Contractor' s risk until
written instructions are received from the Contract Officer.
1. 6 Care of Work. The Contractor shall adopt reasonable
methods during the life of the Agreement to furnish continuous
protection to the work, and the equipment, materials, papers,
documents, plans, studies and/or other components thereof to prevent
losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except
such losses or damages as may be caused by City' s own negligence.
1. 7 Further Responsibilities of Parties. Both parties
agree to use reasonable care and diligence to perform their
respective obligations under this Agreement. Both parties agree to
act in good faith to execute all instruments, prepare all documents
and take all actions as may be reasonably necessary to carry out the
purposes of this Agreement. Unless hereafter specified, neither
party shall be responsible for the service of the other.
1. 8 Additional Services. City shall have the right at
any time during the performance of the services, without invalidating
this Agreement, to order extra work beyond that specified in the
Scope of Services or make changes by altering, adding to or deducting
from said work. No such extra work may be undertaken unless a
written order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract
Sum, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of the Contractor.
Any increase in compensation of five percent (50) or less of the
Contract Sum, or in the time to perform of one hundred eighty (180)
days or less may be approved by the Contract Officer. Any greater
increases, taken either separately or cumulatively must be approved
by the City Council. It is expressly understood by Contractor that
the provisions of this Section shall not apply to services
specifically set forth in the Scope of Services or reasonably
contemplated therein. Contractor hereby acknowledges that it accepts
the risk that the services to be provided pursuant to the Scope of
Services may be more costly or time consuming than Contractor
anticipates and that Contractor shall not be entitled to additional
compensation therefore.
1. 9 Special Requirements. Additional terms and
conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as
Exhibit "B" and incorporated herein by this reference. In the event
of a conflict between the provisions of Exhibit B and any other
provisions of this Agreement, the provisions of Exhibit B shall
govern.
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2 . 0 COMPENSATION
2 . 1 Contract Sum. For the services rendered pursuant to
this Agreement, the Contractor shall be compensated in accordance
with the "Schedule of Compensation" attached hereto as Exhibit "C"
and incorporated herein by this reference, but not exceeding the
maximum contract amount of $15, 500 . 00 ) (herein "Contract
Sum") , except as provided in Section 1. 8 . The method of compensation
may include: (i) a lump sum payment upon completion, (ii) payment in
accordance with the percentage of completion of the services, (iii)
payment for time and materials based upon the Contractor' s rates as
specified in the Schedule of Compensation, but not exceeding the
Contract Sum or (iv) such other methods as may be specified in the
Schedule of Compensation. Compensation may include reimbursement for
actual and necessary expenditures for reproduction costs, telephone
expense, transportation expense approved by the Contract Officer in
advance, and no other expenses and only if specified in the Schedule
of Compensation. The Contract Sum shall include the attendance of
Contractor at all project meetings reasonably deemed necessary by the
City; Contractor shall not be entitled to any additional compensation
for attending said meetings.
2 . 2 Method of Payment. Unless some other method of
payment is specified in the Schedule of Compensation (Exhibit C) , in
any month in which Contractor wishes to receive payment, no later
than the first (lst) working day of such month, Contractor shall
submit to the City in the form approved by the City' s Director of
Finance, an invoice for services rendered prior to the date of the
invoice. Except as provided in Section 7 . 3 , City shall pay
Contractor for all expenses stated thereon which are approved by City
pursuant to this Agreement no later than the last working day of the
month.
3. 0 PERFORMANCE SCHEDULE
3 . 1 Time of Essence. Time is of the essence in the
performance of this Agreement.
3 . 2 Schedule of Performance. Contractor shall commence
the services pursuant to this Agreement upon receipt of a written
notice to proceed and shall perform all services within the time
period (s) established in the "Schedule of Performance" attached
hereto as Exhibit "D", if any, and incorporated herein by this
reference. When requested by the Contractor, extensions to the time
period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer but not exceeding one hundred eighty
(180) days cumulatively.
3 . 3 Force Majeure. The time period(s) specified in the
Schedule of Performance for performance of the services rendered
pursuant to this Agreement shall be extended because of any delays
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due to unforeseeable causes beyond the control and without the fault
or negligence of the Contractor, including, but not restricted to,
acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots,
strikes, freight embargoes, wars, litigation, and/or acts of any
governmental agency, including the City, if the Contractor shall
within ten (10) days of the commencement of such delay notify the
Contract Officer in writing of the causes of the delay. The Contract
Officer shall ascertain the facts and the extent of delay, and extend
the time for performing the services for the period of the enforced
delay when and if in the judgment of the Contract Officer such delay
is justified. The Contract Officer's determination shall be final
and conclusive upon the parties to this Agreement. In no event shall
Contractor be entitled to recover damages against the City for any
delay in the performance of this Agreement, however caused,
Contractor' s sole remedy being extension of the Agreement pursuant to
this Section.
3 . 4 Term. Unless earlier terminated in accordance with
Section 7 . 8 of this Agreement, this Agreement shall continue in full
force and effect through October 1998 , or sooner, except as otherwise
provided in the Schedule of Performance.
4. 0 COORDINATION OF WORK
4 . 1 Representative of Contractor. The following
principals of Contractor are hereby designated as being the
principals and representatives of Contractor authorized to act in its
behalf with respect to the work specified herein and make all
decisions in connection therewith:
Thomas Doczi
TKD Associates, Inc.
It is expressly understood that the experience, knowledge,
capability and reputation of the foregoing principals were a
substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the
term of this Agreement for directing all activities of Contractor and
devoting sufficient time to personally supervise the services
hereunder. For purposes of this Agreement, the foregoing principals
may not be replaced nor may their responsibilities be substantially
reduced by Contractor without the express written approval of City.
4 . 2 Contract Officer. The Contract Officer shall be such
person as may be designated by the City Manager of City. It shall be
the Contractor' s responsibility to assure that the Contract Officer
is kept informed of the progress of the performance of the services
and the Contractor shall refer any decisions which must be made by
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City to the Contract Officer. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority to sign
all documents on behalf of the City required hereunder to carry out
the terms of this Agreement.
4 . 3 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor,
its principals and employees were a substantial inducement for the
City to enter into this Agreement. Therefore, Contractor shall not
contract with any other entity to perform in whole or in part the
services required hereunder without the express written approval of
the City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the
benefit of creditors or otherwise, without the prior written approval
of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than
twenty five percent (250) of the present ownership and/or control of
Contractor, taking all transfers into account on a cumulative basis.
In the event of any such unapproved transfer, including any
bankruptcy proceeding, this Agreement shall be void. No approved
transfer shall release the Contractor or any surety of Contractor of
any liability hereunder without the express consent of City.
4 . 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 herein. City shall
have no voice in the selection, discharge, supervision or control of
Contractor' s employees, servants, representatives or agents, or in
fixing their number, compensation or hours of service. Contractor
shall perform all services required herein as an independent
contractor of City and shall remain at all times as to City a wholly
independent contractor with 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. City shall not in any way or for any purpose
become or be deemed to be a partner of Contractor in its business or
otherwise or a joint venturer or a member of any joint enterprise
with Contractor.
5. 0 INSURANCE, INDEMNIFICATION AND BONDS
5. 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
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occurrence basis. If the Contract Sum is $25, 000. 00 or less, the
policy of insurance shall be written in an amount not less than
either (i) a combined single limit of $500, 000. 00 or (ii) bodily
injury limits of $250, 000. 00 per person, $500, 000. 00 per occurrence
and $500, 000. 00 products and completed operations and property damage
limits of $100, 000. 00 per occurrence and $100, 000. 00 in the
aggregate. If the Contract Sum is greater than $25, 000. 00 but less
than or equal to $100, 000. 00, the policy of insurance shall be in an
amount not less than either (i) a combined single limit of
$1, 000, 000. 00 for bodily injury, death and property damage 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 and $500, 000. 00
in the aggregate. If the Contract Sum is greater than $100, 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
$250, 000. 00 per person and $500, 000. 00 per occurrence and property
damage liability limits of $100 , 000 . 00 per occurrence and $250, 000. 00
in the aggregate or (ii) combined single limit liability of
$500, 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 Special Requirements.
All of the above policies of insurance shall be primary
insurance and shall name the City, its officers, employees and agents
as additional insureds. 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 5 . 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
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insurance binders evidencing, the above insurance coverages and said
Certificates of Insurance or binders are approved bytthe City.
The Contractor agrees that the provisions of this Section 5 . 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 t1he Contractor is
otherwise responsible.
In the event the Contractor subcontracts any ,portion of the
work in compliance with Section 4 . 3 of this Agreement, the contract
between the Contractor and such subcontractor shall require the
subcontractor to maintain the same policies of insurance that the
Contractor is required to maintain pursuant .to this Section 5. 1 .
5 . 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, (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, operations or activities 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,
whether or not there is concurrent passive or active negligence on
the part of the City, its officers, agents Cr employees but excluding
such claims or liabilities arising from the sole negligence or
willful misconduct of the City, its officers, agents , or employees,
who are directly responsible to the City, and in connection
therewith—
(a) Contractor will defend any action or actions filed in
connection with any of said claims or liabilities and will pay all
costs and expenses , including legal costs and attorneys' fee's
incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered
against the City, its officers, agents or employees for any such
claims or liabilities arising out of or in connection with the
negligent performance of or failure to perform such work, operations
or activities of Contractor hereunder; and Contractor agrees to ,save
and hold the City', its officers , agents, and employees, harmless
therefrom;
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(c) In the event the City, its officers , agents or
employees is made a party to any action or proceeding filed or
prosecuted against Contractor for such damages or other claims
arising out of or in connection with the negligent performance of or
Contract Services • •
Failure to perform the work, operation or activities of Contractor
hereunder, Contractor agrees to pay to the City, its officers, agents or
employees, any and all costs and expenses incurred by the City, its
officers, agents or employees in such action or proceeding, including but
not limited to, legal costs and attorneys' fees.
5 .3 Performance Bond. Concurrently with execution of this
Agreement, Contractor shall deliver to City a performance bond in the sum of
the amount of this Agreement, in the form provided by the City Clerk, which
secures the faithful performance of this Agreement, unless such requirement
is waived by the Contract Officer. The bond shall contain the original
notarized signature of an authorized officer of the surety and affixed
thereto shall be a certified and current copy of his power of attorney. The
bond shall be unconditional and remain in force during the entire term of
the Agreement and shall be null and void only if the Contractor promptly and
faithfully performs all terms and conditions of this agreement.
5 . 4 Sufficiency of Insurer or Surety. Insurance or bonds
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 Risk Manager of the City due to
unique circumstances . In the event the Risk Manager of City ("Risk
Manager") determines that the work or services to be performed under this
Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the
performance bond required by this Section 5 may be changed accordingly upon
receipt of written notice from the Risk Manager; provided that the
Contractor shall have the right to appeal a determination of increased
coverage by the Risk Manager to the City Council of City within 10 days of
receipt of notice from the Risk manager.
* Limitations of Liability
The Client agrees to limit T.K.D. 's liability to the Client and to all Contractors
and Subcontractors on this project due to T.K.D.' s acts, errors or omissions such
that the total aggregate liability shall not exceed the amount of the total fees
paid to T.K.D. under Section 2.
6. 0 Records and Reports.
6. 1 Reports. Contractor shall periodically prepare and submit
to the Contract Officer such reports concerning the performance of the
services required by tin Agreement as the Contract Officer shall require.
6. 2 Records. Contractor shall keep, and require subcontractors
to keep, such books and records as shall be necessary to perform the
services required by this Agreement and enable the Contract officer to
evaluate the performance of such services. The contract Officer shall have
full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained
for a period of
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three (3) years following completion of the services hereunder, and
the City shall have access to such records in the event any audit is
required.
6 . 3 Ownership of Documents. All drawings,
specifications, reports, records, documents and other materials
prepared by Contractor, its employees, subcontractors and agents in
the performance of this Agreement shall be the property of City and
shall be delivered to City upon request of the Contract Officer or
upon the termination of this Agreement, and Contractor shall have no
claim for further employment or additional compensation as a result
of the exercise by City of its full rights of ownership of the
documents and materials hereunder. Any use of such completed
documents for other projects and/or use of uncompleted documents
without specific written authorization by the Contractor will be at
the City' s sole risk and without liability to Contractor, and the
City shall indemnify the Contractor for all damages resulting
therefrom. Contractor may retain copies of such documents for its
own use. Contractor shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them,
and in the event Contractor fails to secure such assignment,
Contractor shall indemnify City for all damages resulting therefrom.
6 . 4 Release of Documents. The drawings, specifications,
reports, records, documents and other materials prepared by
Contractor in the performance of services under this Agreement shall
not be released publicly without the prior written approval of the
Contract Officer.
7 . 0 ENFORCEMENT OF AGREEMENT
7 . 1 California Law. This Agreement shall be construed
and interpreted both as to validity and to performance of the parties
in accordance with the laws of the State of California. Legal
actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court
of the County of Riverside, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees
to submit to the personal jurisdiction of such court in the event of
such action.
7 . 2 Disputes. In the event of any dispute arising under
this Agreement, the injured party shall notify the injuring party in
writing of its contentions by submitting a claim therefor. The
injured party shall continue performing its obligations hereunder so
long as the injuring party commences to cure such default within ten
(10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or
such longer period as may be permitted by the injured party; provided
that if the default is an immediate danger to the health, safety and
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general welfare, such immediate action may be necessary. Compliance
with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and
such compliance shall not be a waiver of any party' s right to take
legal action in the event that the dispute is not cured, provided
that nothing herein shall limit City' s or the Contractor' s right to
terminate this Agreement without cause pursuant to Section 7 . 8 .
7 . 3 Retention of Funds. Contractor hereby authorizes
City to deduct from any amount payable to Contractor (whether or not
arising out of this Agreement) (i) any amounts the payment of which
may be in dispute hereunder or which are necessary to compensate City
for any losses, costs, liabilities, or damages suffered by City, and
(ii) all amounts for which City may be liable to third parties, by
reason of Contractor 's acts or omissions in performing or failing to
perform Contractor ' s obligation under this Agreement. In the event
that any claim is made by a third party, the amount or validity of
which is disputed by Contractor, or any indebtedness shall exist
which shall appear to be the basis for a claim of lien, City may
withhold from any payment due, without liability for interest because
of such withholding, an amount sufficient to cover such claim. The
failure of City to exercise such right to deduct or to withhold shall
not, however, affect the obligations of the Contractor to insure,
indemnify, and protect City as elsewhere provided herein.
7 . 4 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.
7 . 5 Rights and Remedies are Cumulative. Except with
respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative
and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default
or any other default by the other party.
7 . 6 Legal Action. In addition to any other rights or
remedies, either party may take legal action, in law or in equity., to
cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy
consistent with the purposes of this Agreement.
7 . 7 Liquidated Damages. Since the determination of
actual damages for any delay in performance of this Agreement would
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be extremely difficult or impractical to determine in the event of a
breach of this Agreement, the Contractor and its sureties shall be
liable for and shall pay to the City the sum of 0 Dollars
($_0_) as liquidated damages for each working day of delay in the
performance of any service required hereunder, as specified in the
Schedule of Performance (Exhibit "D") . The City may withhold from
any monies payable on account of services performed by the Contractor
any accrued liquidated damages.
7 . 8 Termination Prior to Expiration Of Term. This
Section shall govern any termination of this Agreement except as
specifically provided in the following Section for termination for
cause. The City reserves the right to terminate this Agreement at
any time, with or without cause, upon thirty (30) days ' written
notice to Contractor, except that where termination is due to the
fault of the Contractor, the period of notice may be such shorter
time as may be determined by the Contract Officer. In addition, the
Contractor reserves the right to terminate this Agreement at any time
upon, with or without cause, upon sixty (60) days ' written notice to
City, except that where termination is due to the fault of the City,
the period of notice may be such shorter time as the Contractor may
determine. Upon receipt of any notice of termination, Contractor
shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Contractor shall be
entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation (Exhibit "C") or such as may be approved by
the Contract Officer, except as provided in Section 7 . 3 . In the
event of termination without cause pursuant to this Section, the
terminating party need not provide non-terminating party with the
opportunity to cure pursuant to Section 7 . 2 .
7 . 9 Termination for Default of Contractor. If
termination is due to the failure of the Contractor to fulfill its
obligations under this Agreement, City may, after compliance with the
provisions of Section 7 . 2 , take over the work and prosecute the same
to completion by contract or otherwise, and the Contractor shall be
liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein
stipulated (provided that the City shall use reasonable efforts to
mitigate such damages) , and City may withhold any payments to the
Contractor for the purpose of setoff or partial payment of the
amounts owed the City as previously stated.
7 . 10 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. Attorney' s fees shall include
attorney' s fees on any appeal, and in addition a party entitled to
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attorney' s fees shall be entitled to all other reasonable costs for
investigating such action, taking depositions and discovery and all
other necessary costs the court allows which are incurred in such
litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not
such action is prosecuted to judgment.
8. 0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8 . 1 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.
8 . 2 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.
8 . 3 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 insure 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.
9 . 0 MISCELLANEOUS PROVISIONS
9 . 1 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. Either party may change its address by
notifying the other party of the change of address in writing.
12
Contract Services
Notice shall be deemed communicated at the time personally delivered
or in seventy-two (72) hours from the time of mailing if mailed as
provided in this Section.
9 . 2 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.
9 . 3 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.
9 . 4 Severability. In the event that any one or more of
the phrases, sentences, clauses, paragraphs, or sections contained in
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 effect any of the remaining
phrases, sentences, clauses, paragraphs, or sections 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.
9 . 5 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.
13
Contract Services •
ATTEST: THE CITY OF S RINGS
BY� a, 45 By:
City Clerk City Manager
APPROVED AS TO FORM BY COUNSEL
ArPROVED BY THE COMM4JNlyy RRIpRy.
AMEPC" BY RES. P'90.
City Attor e
7 �39oG
CON RACT
By: i
Name: T S Iaxz�� sN
Title: C ntractor
14
• T.K.D.Associates,Inc.
Revised August 26, 1999
EXHIBIT "A"
SCOPE OF SERVICES Frances Stevens Park
TASK 1:
A) Prepare Base Plan From Existing Aerial Topo and Fountain Plaza Plans.
B) Verify Existing Site Conditions, Field Survey As-Built Location and Layout of
Fountain Plaza.
C) Review As-Built Drawings for Water Sculpture. Prepare Accurate Base Plan
Including Fountain Footprint at Ground Plane.
D) Preliminary Hardscape Plan.
E) Preliminary Landscape Concept.
F) Review and Approval by City's Project Manager. (Jerry Ogburn)
TASK 2:
(All Plans will be prepared using AutoCad R13)
A) Hardscape Plan
B) Landscape Master Plan
C) Lighting Concept.
D) Submit to Design Review, for Review and Approval by Planning Staff and
Planning Commission.
E) Preliminary Budget.
• T.N.D.Associates,Inc.
Scope of Services
Frances Stevens Park
Page 2
Revised August 26, 1999
TASK 3:
(All Plans will be prepared using AutoCad R13)
A) Sidewalk Layout Plan
6) Grading Plan
C) Planting Plan
D) Irrigation Plan
E) Lighting and Electrical Plan
F) Construction Details
G) Planting Details
H) Irrigation Cetails
1) Specifications
J) Project Coet Estimate
T.K.D.Associates,Inc.
EXHIBIT "B"
SPECIAL REQUIREMENTS Frances Stevens Park
PROJECT AREA:
Indian Canyon Drive on the East; Palm Canyon Drive on the West; Alejo Road on the
South and the South Building Wall of Palm Canyon Theatre on the North.
T.K.D.Associates,Inc.
"EXHIBIT C"
SCHEDULE OF COMPENSATION Frances Stevens Park
Compensation for Professional Services:
Design Development: $2200.00
Preliminary Plans: $3500.00
Construction Documents: $3800.00
Electrical Plans: $1800.00
Engineering Plans: $4200.00
Total Fee: $15,500.00
Reimbursable Expenses (Cost plus 109/0)
Blueprints
Copies
Deliverables
Travel
Hourly Fee Schedule:
Landscape Architect $110.00/hour
Designer I 65.00/hour
Draftsperson 42.50/hour
Computer Time (CADD) 67.50/hour
Secretarial 22.50/hour
Fee Schedule:
Monthly billing based upon percentage of completion.
• • T.K.D.Associates,Inc.
EXHIBIT "D"
SCHEDULE OF PERFORMANCE Frances Stevens Park
Contractor shall commence work on the "Scope of Services" upon receipt of notification from
the City's Project Manager. (Jerry Ogburn) Just the fountain footprint base plan information has
been established by the artist (David Morris) and his contractor (Belle Vue Landscaping) to a
suitable accuracy for preparation of construction documents. The " Scope of Services" shall be
completed within thirty (30) days of this notification.
9 4�
STATE P.O. BOX 420807,SAN FRANCISCO, CA 94142-0807
COMPENSATION
I N S U R AN C E
FUND CERTIFICATE OF WORKERS' COMPENSATIONJNSURANCE
SEPTEMBER 25, 2001 POLICYNUMSER. 1509739 - 01
GEIRTIFICATE•EXPIRES' ""B-1--02
CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
3'-00 TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262 JOB: PROJECT #0390C•
FRANCES STEVENS PARK
L
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
_„Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer.
We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, ,term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain„-.the insurance affoeded:,by the policies
described herein Is subject to all the terms,exclusions land conditions of such policies.
47
AUTHORIZED REPRESEN TA-rIVE - ` - - - ''•PRESIDENT
EMPLOYER'S LIABILITY-LIMIT INCLUDING DEFENSE COSTS: -'J,'000,000 PER OCCURRENCE.
EMPLOYER
F-
T K li ASSOCIATES 'INC
2121 E TAHQUITZ CANYON WAY STE 1
PALM SPRINGS CA 92262
THIS L
DOCUMENT
FROhw: TKD ASSOCIATES, INC. 1* Sep.NO. : 760 327 8575 Sep. 13 2000 09:49RM P2
Policy Number DECLARATIONS PAGE I0VI'ENDED MAY 30 2000
90-LA 9596-7 STATE FARM GENERAL INSURANCE. COMPAN y'r V
900 OLD RIVER RD, BAKERSFIELD CA 93311-6000
A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON,ILLINOIS
Named Insured and Mailing Address
8661-F406 M
T K D ASSOCIATES INC
STE 1
2121 E TAHOUITZ CANYON WAY
PALM SPRINGS CA 92262-7021
Cov A - Inflation Coverage Index. N/A
BUSINESS POLICY-SPECIAL FORM 3 Cov B - Consumer Price Index: 171.2 _
AUTOMATIC RENEWAL - If the POLICY PERIOD is shown as 12 MONTHS, this policy will be renewed automatically
subject to the premiums, rut and forms in effect for each succeedin policy period. If Phis policy is terminated, we wilt
give you and the Mortgagee/1Ienholder written notice in compliance wi the policy provisions or as required by law.
Policy Pei lod: "' 12 Months The policy period begins and ends at 12:01 am standard time at the
Effective Date: JUL 28 2000 premises location.
Expiration Date. JUL 28 2001
Named Insured: Corporation
Your policy is amended MAY 30 2000
ADDL INSURED NAME &ADDRESS DELETED
Location of Covered Premises:
STE 1
2121 TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262-7021 Other items Shown are effective
with the olic 's 2000 renewal
Coverages & Property Limits of Insurance ccupancy: ice
Section I
A Buildings Excluded
B Business Personal Property $ 84 50o
C Loss of Income $ Actual Loss
Section II Deductibles -Section I
L Business Liability 1,000,000
M Medical Payments 5 000 $ 600 Basic
Products-Completed Operations $ 2,000,000
(POO)Aggregate
General Aggregate (Other $ 2,000,000
000,000
Than PC j In case of foss -under this policy, the deductible wiit be
applied to each occurrence and will be deducted from the
amount of the loss. Other deductibles may apply - refer to
policy.
Forms, Options, and Endorsements Endorsement Premium None
Special Form 3 FP-6143 Discounts Applied:
Amendatory Endorsement FE-6205 Renewal Year
Tree Debris Removal FE-6451 Years in Business
Policy Endorsement FE-6506.1 Sprinkler
Business Policy Endorsement FE-6464 Claim Record
Protective Safeguard FE-6303
Off Premises Coverage FE-6486
Lco-.�'�r�zzY 3
Continued on Reverse Side of Page
Prepared
OTHER LIMITS AND EXCLUSIONS MAY APPLY- REFER TO YOUR POLICY — —
Countersigned
JUN 01 2000
FP-8030.2C AFQl By Agent
06/1993 HAROLD BLUMBERG
Your policy consists of this page,any endorsements (760)328-3233
and the Dolicv form.PLEASE KEEP THESE TOGETHER.
-----7-----7-----V-----7-----7 —7 7-----
n3o Insurance Identification Card *IFORNIA
r
Name Insurer;
PROGRESSIVE WEST INSURAIa,..c COMPANY
' PRUGHElf/!/E"
P.D. S Box BOX 31686
IMPORTANTI TAAMMPA FL278041-3686
IF YOU ARE INVOLVED IN AN ACCIDENT:
Name of Insured: Policy� Number: AA 130237 2 3 2-2
-
(REGARDLESS OF FAULT) THOMAS KARL DOCZI
770 MEL AVE
1_ At the accident scene. detach the Accident PALM SPRINGS CA 92262
Information Card and give it to the driver Original Issue Date: 04/07/00 Expiration Date: 04/07/01
of the other vehicle. Additional Drivers: MARY WILCZAXDDCZI
2. Ask the other driver to immediately call
Progressive and report the accident.
Year Make/Model Vehicle Identification Number
3- Call Progressive immediately to report the 1996 FORD EXPLORER4X4SW IFMUU34XXTZABS952
accident. 1991 FORD MUSTANG 18 CV IFACP45EUMF155277
1998 PORSC BOXSTER CV WPOCA298XWUS22864
Form L6530 (6-95)
ACCIDENT INFORMATION CARD PRGGREME"
(Give to other driver at scene of accident)
Detach and keep copy of Insurance Identification FOR IMMEDIATE ASSISTANCE CALL
Card with your records.
1-800-274-4493
24 HOURS A DAY, 7 DAYS A WEEK
Name of Insurer:
m PROGRESSIVE WEST INSURANCE COMPANY
z
� P.O. BOX 31688
m TAMPA, FL 33631-3688
w
Name of Insured:
THOMAS KARL DOCZI
770 MEL AVE
PALM SPRINGS CA 92262
Policy Number: AA 80237232-2
Original Issue Date- 04/07/00
Expiration Data: 04/07/01
�— Detach Hera b
Fold here and put folded Accident Information and Insurance Identification Card -CALIFORNIA
Insurance Identification card in the glove Name of Insurer: PRU6REII/(/E"
compartment of your vehicle. PROGRESSIVE WEST INSURANCE COMPANY
P.O. BOX 31686
TAMPA FL 33631-3586
NAIC ;?f - 27804
Name of Insured: Policy Number: AA 60237232-2
THOMAS KARL DOCZI
770 MEL AVE
PALM SPRINGS CA 92262
Original Issue Date: 04/07/00 Expiration Date: 04/07/01
Additional Drivers- MARY WILCzAXOOczl
Year Make/Model Vehicle Identification Number
1996 FORD EXPLORER4X4SW IFMDU34XXTZA69952
1991 FORD MUSTANG 18 CV IFACP45EUMF155277
1998 PORSC BOXSTER CV WOoCA298XWUS22984
PMWE02040019451-65302 Farm L8530
� Detach Here 'b