HomeMy WebLinkAbout00301C - KRIEGER STEWART LIGHTING TRAFFIC SIGNALS STREET SIDEWALK Krieger & Stewart, Inc.
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AGREEMENT #301
CONSULTANT SERVICES AGREEMENT F R850 3-4-92
PALM CANYON DRIVE ENGINEERING SERD--._� ,
THIS CONSULTANT SERVICHS/ AGREEMENT (herein "Agreement") , is
made and entered into this ( day of /j r, 1992 by
and between the COMMUNITY REDEVELOPMENT AGME,NCY OF THE CITY OF PALM
SPRINGS, a public body, corporate and politic, (herein "Agency")
and KRIEGER AND STEWART, INCORPORATED, a California corporation.
(herein "Consultant") . The parties hereto agree as follows:
1. 0 SERVICES OF CONSULTANT
1. 1 Scope of Services. In compliance with all terms and
conditions of this Agreement, the Consultant 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" hereunder.
Consultant warrants that all services will be performed in a
competent, professional and satisfactory manner in accordance with
the standards prevalent in the industry.
1. 2 Consultant's Proposal. The Scope of Services shall
include the Consultant's proposal 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 of Palm
Springs and any Federal, State or local governmental agency having
jurisdiction in effect at the time services are rendered.
1. 4 Licenses , Permits. Fees and Assessments. Consultant
shall obtain at its sole cost and expense such licenses, permits
and approvals as may be required by law for Consultant to perform
the services required by this Agreement (such as business and
professional licenses) .
1. 5 Familiarity with Services. By executing this
Contract, Consultant warrants that Consultant (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) understands the conditions attending performance of the
services under this Agreement. If Consultant becomes aware of any
facts, circumstances or events that may or will materially increase
or decrease the cost of the services to be performed by Consultant
or the cost of the Project, as such term is defined in the Scope of
Services, Consultant shall promptly notify the Contract officer of
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3/17/92 1
such fact, circumstance or event and Consultant's estimated
increased or decreased cost for the services and/or the Project.
1. 6 Care of Documents. etc. The Consultant shall adopt
reasonable methods during the life of the Agreement to furnish
protection to the materials, papers, documents, plans, studies
and/or other components thereof in its possession to prevent losses
or damages, and shall be responsible for all such damages until the
services are completed, except such losses or damages as may be
caused by Agency' 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. Agency shall have the right at
any time during the performance of the services, without
invalidating this Agreement, to order extra services beyond that
specified in the Scope of Services or make changes by altering,
adding to or deducting from said services. No such extra services
may be undertaken unless a written order is first given by the
Contract Officer to the Consultant, incorporating therein any
adjustment in (i) the Contract Sum, and/or (ii) the time to perform
this Agreement, which adjustments are subject to the written
approval of the Consultant. Any increase in compensation of five
percent (5%) 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 Agency Board. It is
expressly understood by Consultant that the provisions of this
Section shall not apply to services specifically set forth in the
Scope of Services or reasonably contemplated therein. Consultant
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 Consultant anticipates and that Consultant
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 Consultant 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 Three Hundred Thousand Five Hundred
Dollars ($300, 500. 00) (herein "Contract Sum") , except as provided
in Section 1. 8 . Consultant shall be paid on a time and materials
basis based upon the rates specified in the Schedule of
Compensation; provided that at no time shall the cumulative amount
paid to Consultant in any month exceed the percentage of completion
of the tasks to be performed by Consultant hereunder, based upon
the , dollar amounts assigned to the tasks in the Schedule of
Compensation. The percentage of completion shall be reasonably
determined by the Contract Officer. Compensation shall include
reimbursement for actual and necessary incidental expenses, such as
reproduction costs, telephone expenses, and mileage; provided that
said expenses, together with all other amounts paid to Consultant
hereunder, shall not exceed the Contract Sum. The Contract Sum
shall include the attendance of Consultant at all project meetings
reasonably deemed necessary by the Agency and Consultant 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, in any month
in which Consultant wishes to receive payment, no later than the
first (1st) working day of such month, Consultant shall submit to
the Agency in the form approved by the Agency' s Treasurer an
invoice for services rendered prior to the date of the invoice.
Agency shall pay Consultant for all services and expenses stated
thereon which are approved by Agency pursuant to this Agreement no
later than the last working day of the month. Any amounts approved
by the Agency not paid within thirty (30) days of submission of an
invoice shall bear interest at the rate of one and one half percent
(1 1/2%) per 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. Consultant shall commence
and perform all services within the time period(s) established in
the "Schedule of Performance" attached hereto as Exhibit "D" and
incorporated herein by this reference.
3 . 3 Force Maieure. The time period(s) specified in the
Schedule of Performance for performance of the services rendered
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pursuant to this Agreement shall be extended because of any delays
due to unforeseeable causes beyond the control and without the
fault or negligence of the Consultant, 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 Agency, if
the Consultant shall within twenty (20) 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 decision under this
Agreement.
3 . 4 Term. Unless earlier terminated in accordance with
Section 7 . 8 of this Agreement, this Agreement shall continue in
full force and effect until completion of the services but not
exceeding two (2) years from the date hereof, except as otherwise
provided in the Schedule of Performance.
4 . 0 COORDINATION OF WORK
4 . 1 Representative of Consultant. The following
principal of Consultant is hereby designated as being the principal
and representative of Consultant authorized to act in its behalf
with respect to the work specified herein and make all decisions in
connection therewith:
Mark E. Messersmith
3603 University Avenue, Suite 200
Riverside, California 92501
It is expressly understood that the experience,
knowledge, capability and reputation of the foregoing principal was
a substantial inducement for Agency to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the
term of this Agreement for directing all activities of Consultant
and devoting sufficient time to personally supervise the services
hereunder. For purposes of this Agreement, the foregoing principal
may not be replaced nor may his responsibilities be substantially
reduced by Consultant without the express written approval of
Agency.
4 .2 Contract Officer. The Contract Officer shall be
such person as may be designated by the Executive Director of
Agency. It shall be the Consultant's responsibility to assure that
the Contract Officer is kept informed of the progress of the
performance of the services and the Consultant shall refer any
decisions which must be made by Agency to the Contract Officer.
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0 0
Unless otherwise specified herein, any approval of Agency required
hereunder shall mean the approval of the Contract Officer. The
Contract Officer shall have authority to sign all documents on
behalf of the Agency required hereunder to carry out the terms of
this Agreement.
4 .3 Prohibition Against Subcontracting or Assianment.
The experience, knowledge, capability and reputation of Consultant,
its principals and employees were a substantial inducement for the
Agency to enter into this Agreement. Therefore, Consultant shall
not engage any other entity to perform in whole or in part the
services required hereunder without the express written approval of
the Agency, except those entities specified in the Scope of
Services. 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 Agency. Transfers restricted hereunder shall include
the transfer to any person or group of persons acting in concert of
more than twenty five percent (25%) of the present ownership and/or
control of Consultant, 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 Consultant or any surety of
Consultant of any liability hereunder without the express consent
of Agency.
4 . 4 Independent Contractor. Neither the Agency nor any
of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the
services required herein, except as otherwise set forth herein.
Agency shall have no voice in the selection, discharge, supervision
or control of Consultant ' s employees, servants, representatives or
agents, or in fixing their number, compensation or hours of
service. Consultant shall perform all services required herein as
an independent contractor of Agency and shall remain at all times
as to Agency a wholly independent contractor with only such
obligations as are consistent with that role. Consultant shall not
at any time or in any manner represent that it or any of- its agents
or employees are agents or employees of Agency. Agency shall not
in any way or for any purpose become or be deemed to be a partner
of Consultant in its business or otherwise or a joint venturer or
a member of any joint enterprise with Consultant.
5. 0 INSURANCE, INDEMNIFICATION AND BONDS
5. 1 Insurance. The Consultant shall procure and
maintain, at its sole cost and expense, in a form and content
satisfactory to Agency, during the entire term of this Agreement
including any extension thereof, the following policies of
insurance:
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(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 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.
(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 Consultant and the
Agency 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 Consultant 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) Professional Errors and Omissions Insurance. A
policy of professional errors and omissions insurance in an amount
not less than $1, 000, 000. 00. Said insurance shall be maintained in
effect for a period of five (5) after the completion of the
services to be provided herein; provided that said insurance is
available on commercially reasonable terms.
All of the above policies of insurance shall be primary
insurance and, except for the errors and omissions policy, shall
name the Agency, its officers, employees and agents as additional
insureds. The insurer shall waive all rights of subrogation and
contribution it may have against the Agency, 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 cancelled without providing thirty (30) days prior
written notice by registered mail to the Agency. In the event any
of said policies of insurance are cancelled, the Consultant shall,
prior to the cancellation date, submit evidence of new or
continuing insurance coverage in conformance with this Section 5. 1
to the Contract Officer. No work or services under this Agreement
shall commence until the Consultant has provided the Agency with
Certificates of Insurance or appropriate insurance binders
evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the Agency.
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The Consultant agrees that the provisions of this Section 5. 1
shall not be construed as limiting in any way the extent to which
the Consultant may be held responsible for the payment of damages
to any persons or property resulting from the Consultant's
activities or the activities of any person or persons for which the
Consultant is otherwise responsible.
In the event the Consultant subcontracts any portion of the
services in 'compliance with Section 4 . 3 of this Agreement, the
contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of
insurance that the Consultant is required to maintain pursuant to
this Section 5. 1.
5.2 Indemnification. Consultant agrees to indemnify the
Agency, 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 to the extent said claims or liabilities
are arising out of or are in connection with the negligent
performance of the services, operations or activities of
Consultant, its agents, employees, subcontractors, or invitees, .
provided for herein, or to the extent arising from the negligent
acts or omissions of Consultant hereunder, or to the extent arising
from Consultant' 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 arising from the
negligence or willful misconduct of the Agency, its officers,
agents or employees, who are directly responsible to the Agency,
and in connection therewith:
(a) Consultant 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 ' fees
incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered
against the Agency, its officers, agents or employees for any such
claims or liabilities to the extent arising out of or in connection
with the negligent performance of or failure to provide such
services, operations or activities of Consultant hereunder; and
Consultant agrees to save and hold the Agency, its officers,
agents, and employees harmless therefrom;
(c) In the event the Agency, its officers, agents or
employees is made a party to any action or proceeding filed or
prosecuted against Consultant for such damages or other claims
arising solely out of or solely in connection with the negligent
performance of or failure to provide the service, operation or
activities of Consultant hereunder, Consultant agrees to pay to the
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Agency, its officers, agents or employees, any and all costs and
expenses incurred by the Agency, its officers, agents or employees
in such action or proceeding, including but not limited to, legal
costs and attorneys' fees.
5.3 Sufficiency of Insurer. The insurance required by
this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "B+" 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 Agency due to unique circumstances.
6. 0 RECORDS AND REPORTS
6. 1 Reports. Consultant shall periodically prepare and
submit to the Contract Officer such reports concerning the
performance of the services required by this Agreement as the
Contract Officer may require.
6. 2 Records. Consultant shall keep, and require
subconsultants 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 reasonable times during normal
business hours, including the right to inspect, copy, audit and
make records and transcripts from such records. Such records shall
be maintained for a period of three (3) years following completion
of the services hereunder, and the Agency 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 Consultant, its employees, subcontractors and agents in
the performance of this Agreement shall be the property of Agency
and shall be delivered to Agency upon request of the Contract
Officer or upon the termination of this Agreement, and Consultant
shall have no claim for further employment or additional
compensation as a result of the exercise by Agency 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
Consultant will be at the Agency' s sole risk and without liability
to Consultant, and the Agency shall indemnify the Consultant for
all damages resulting therefrom. Consultant may retain copies of
such documents for its own use. Consultant shall have an
unrestricted right to use the concepts embodied therein. All
subcontractors shall provide for assignment to Agency of any
documents or materials prepared by them.
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6. 4 Release of Documents. The drawings, specifications,
reports, records, documents and other materials prepared by
Consultant 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 Consultant
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 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
Agency's or the Consultant' s right to terminate this Agreement
without cause pursuant to Section 7. 6.
7. 3 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.
7.4 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
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same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7. 5 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. 6 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 Agency reserves the right to terminate this Agreement
at any time, with or without cause, upon thirty (30) days ' written
notice to Consultant, except that where termination is due to the
fault of the Consultant, the period of notice may be such shorter
time as may be determined by the Contract Officer. In addition,
the Consultant reserves the right to terminate this Agreement at
any time upon, with or without cause, upon sixty (60) days ' written
notice to Agency, except that where termination is due to the fault
of the Agency, the period of notice may be such shorter time as the
Consultant may determine. Upon receipt of any notice of
termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the
Contract Officer. Consultant 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 or such
as may be approved by the Contract Officer. 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 .
7.7 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
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.
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8 . 0 AGENCY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8. 1 Non-liability of Agency Officers and Employees. No
officer or employee of the Agency shall be personally liable to the
Consultant, or any successor in interest, in the event of any
default or breach by the Agency or for any amount which may become
due to the Consultant 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
Agency 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
Consultant 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. Consultant
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. Consultant 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 Agency, to the Agency Manager
and to the attention of the Contract Officer, Agency OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the
case of the Consultant, 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. 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
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the authorship of this Agreement or any other rule of construction
which might otherwise apply.
9. 3 Inteoration; 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 urenforceability 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 Authoritv. 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: COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, a public
body, corporate and politic
By
Assistant Secretary Chairman
APPROVED AS TO FORM:
RUTAN & TUCKER
David i . \ leshire
Agency Counsel
(SIGNATURES CONTINUED ON NEXT PAGE]
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�''4'i'Tr!i fl'.„y Lief
�t3o i c
Consultant:
KRIEGER AND STEWART, INCORPORATED, a
Califo is co p ration .
By:
Name: Robert A. Krie er
Title- PPrpesident
By:
Name: Mark E. Messersmith
Title: Secretar
Address: 3602 University Ave.
Suite 200
Riverside, CA 92501
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UiEGER
-c1 eSTEWART NccaaoanrEo
EXHIBIT "A"
CITY OF PALM SPRINGS
PALM CANYON DRIVE STREET IMPROVEMENTS
SCOPE OF SERVICES
PROJECT
Project consists of design and preparation of contract documents for street improvements along
Palm Canyon Drive southerly from Alejo Road and to approximately 400 feet southerly of Baristo
Road, along Tahquitz Canyon Way between Palm Canyon Drive and Indian Avenue, and
additively, along Andreas Road between Palm Canyon Drive and Indian Avenue, together with
construction engineering services for street improvements along Palm Canyon Drive.
Street improvements consist of the following:
■ Decorative parking lane, sidewalk, intersections, and mid-block pedestrian
crossings.
■ Curb and gutter modifications at intersections and mid-block pedestrian crossings.
■ Lighting foundations for future lights between existing palm trees together with
conduit,cable,service connections, and controls.
■ Spare conduit with pull boxes and pull cords on each side of Palm Canyon Drive.
■ Irrigation system to replace existing irrigation system for palm trees on Palm
Canyon Drive.
■ Existing traffic signal facilities modifications as required to accommodate street
improvements.
PROJECT TEAM
All engineering services for subject project will be provided by Krieger& Stewart staff except for
the subconsultants requested by the City of Palm Springs staff as follows:
Michael Buccino Associates/Landscape Architecture
RWR Pascoe Engineering,Inc.
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KRIE m
-0 9TEv WAQT INCORPORATED
SCOPE OF SERVICES
We propose to provide design engineering services and construction engineering services as
follows:
A. Design Engineering Services
Design engineering services will be organized as follows:
1. Initial Meeting with City Staff
2. Design Survey
3. Base Construction Drawings
4. Preliminary Construction Drawings
5. Preliminary Design Review Meeting
6. Construction Drawings and Specifications (75%)
7. Review Meeting(75%)
8. Construction Drawings and Specifications (100%)
Each component is discussed in greater detail below.
1. Initial Meeting with City Staff.
We will meet with City staff to review the project in detail prior to initiating
design. Krieger & Stewart, RWR Pascoe, and Michael Buccino Associates will
attend said meeting. We will obtain all City information available for the project at
said meeting.
At the project meeting,we will discuss the project requirements in detail including
decorative paving, lighting, curb modifications, traffic signal modifications,
conduits, and irrigation system.
To assist in the review of the project,Krieger& Stewart will prepare an agenda for
the meeting and will provide 40 scale drawings showing existing improvements
and utilities as well as photographs of the project site.
At the conclusion of said meeting, we anticipate a field review of the project site
with all parties to discuss project details as required. Thereafter, Krieger &
Stewart will prepare meeting minutes and distribute to all parties.
2. Design Survey
We will survey street cross sections at 50' intervals with elevations for top of
pavement at centerline, edge of parking lane, flow line and top of curb, and back
of sidewalk. In addition, we will obtain sufficient elevations at each intersection
and mid-block street crossing for design of curb modifications.
We will perform a separate design survey to locate all existing improvements
between parking lane and right-of-way or edge of structures including trees,
landscaping, tree wells, sidewalk, signs, driveways, meters, signals, lights, and
utilities.
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Prior to the design survey, we will request that City staff locate existing traffic
signal conduits, irrigation meters, irrigation lines, and electrical conduits so that
we may accurately locate them during the field survey. We will also request the
City of Palm Springs to provide current right-of-way data for proposed project.
3. Base Construction Drawings
Krieger&Stewart will prepare base construction drawings utilizing our previously
prepared aerial photogrammetry of the project area and the information obtained
during the design survey. Base construction drawings will be prepared at a scale
of I"=20' and will show all existing improvements and utilities in the vicinity of
proposed project. Upon completion of the base construction drawings, we will
furnish a set of mylars each to RWR Pascoe and Michael Buccino Associates for
use in design.
4. Preliminary Construction Drawings
Michael Buccino Associates will prepare preliminary construction drawings
showing decorative parking lane, decorative sidewalk, decorative pedestrian
crossing, decorative intersections, and curb modifications.
Said preliminary construction drawings will show limits for each item and
recommended patterns and colors. In addition, Michael Buccino Associates will
investigate several types of materials for the decorative paving (including concrete
and interlocking pavers) and will make recommendations for same.
RWR Pascoe will provide preliminary construction drawings showing locations of
lighting foundations, conduits for lighting, spare conduits, pull boxes, services,
meters,and controls.
Krieger & Stewart will prepare preliminary construction drawings showing
location of irrigation system for the existing palm trees. Said location will be
coordinated with the electrical conduit work.
5. Preliminary Design Review Meeting
Two weeks prior to the preliminary design review meeting, we will submit three
copies of preliminary construction drawings to City staff for review. Prior to said
meeting, Krieger & Stewart will prepare an agenda for same. At said meeting
Krieger& Stewart, RWR Pascoe, and Michael Buccino Associates will review the
project in detail with City staff.
To proceed with the project in an efficient manner, we anticipate deciding the
following during the preliminary design review:
a. Limits of decorative paving
b. Materials, color, and pattern to be used for decorative paving
C. Limits of curb modifications
d. Location of lighting foundations and related conduit
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e. Location of spare conduits and conduit crossings
f. Location of irrigation system for palm trees
g. Traffic signals to be modified.
After the meeting, Krieger & Stewart will prepare meeting minutes and will
distribute copies to all parties.
For our proposal,we have assumed City of Palm Springs staff will design and sign
all drawings required for traffic signal modifications and will furnish all technical
specifications for same. Krieger& Stewart will provide drafting services only for
said modifications.
6. Construction Drawings and Specifications (75%)
Construction drawings will include:
a. Dimensions, elevations, and structural details for decorative paving
b. Dimensions and elevations for curb return modifications
C. Lighting foundations locations
d. Lighting foundation details
e. Conduit, pull box, control, and connection locations for electrical lighting
system
f. Spare conduit locations including street crossings and pull boxes
g. Irrigation system location for existing palm trees
h. Irrigation system details including valves, bubblers, and fittings.
i. Traffic signal modifications.
The specifications will include technical specifications for concrete, paving,
electrical, irrigation, and traffic signals. Bid sheets will be prepared itemizing the
work to be performed. Special requirements will concentrate on project
coordination between the pipeline work and the street improvement work.
7. Review Meeting(755o)
Two weeks prior to the 75% review meeting, we will submit three sets of
construction drawings and specifications to City staff for review. Prior to said
meeting, Krieger & Stewart will prepare an agenda for same. At said meeting all
consultants will meet with City staff to review construction drawings and
specifications in detail to obtain City approval and/or comments.
8. Construction Drawings and Specifications
Following the 75% review meeting, Krieger & Stewart, Michael Buccino
Associates, and RWR Pascoe will complete the construction drawings and
specifications.
We anticipate the decorative paving portion of the project will consist of 8 sheets
of construction drawings (plan only) showing decorative parking lanes, decorative
intersections, decorative sidewalk, decorative pedestrian crossings, and curb
modifications and one detail sheet for same.
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We anticipate the lighting portion of the project will consist of 8 sheets of
construction drawings (plan only) showing lighting foundation locations, lighting
conduit (including service connections, pull boxes, and controls) locations, and
spare conduit locations and crossings and several sheets of details for same.
We anticipate the irrigation portion of the project will consist of 8 sheets of
construction drawings (plan only) showing irrigation line locations, bubbler
locations, meter locations,valve locations and one sheet of details for same.
We anticipate the traffic signal modifications drawings will consist of six sheets
showing relocation of traffic signals and related conduit and pull boxes.
Specifications for the project will be Krieger & Stewart's standard format which
contains Notice Inviting Bids, Bidding Documents, Contract, Performance Bond,
Payment Bond, Contract Appendix, Special Requirements, Technical
Specifications, and Standard Drawings.
After the construction drawings and specifications are completed, a final review
meeting with City staff will be arranged. At said meeting all contract documents
will be reviewed in detail.
After the final review meeting, any revisions or modifications will be made and
the contract documents will be available for distribution to bidders.
B. Construction Engineering Services
Construction engineering services will be organized as follows:
1. City/Agency Agreement
2. Bidding Services
3. Preconstruction Meeting
4. Submittal Review
5. Partial Payment Request Review
6. Correspondence and Meetings During Construction
7. Construction Staking
8. Construction Inspection
9. Final Inspection
10. Record Drawings
Each component is discussed in greater detail as follows:
1. City/Agency Agreement
We will prepare an agreement to be executed between City of Palm Springs and
Desert Water Agency for construction of facilities. Said agreement will be
modeled after the agreement executed between the City of Palm Springs and
Desert Water Agency for Assessment District 157.
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2. Bidding Services
The bid period engineering will consist of making construction drawings and
specifications available for bidders, answering bidders' questions and inquiries,
preparing addenda if required, conducting prebid conference, attending bid
opening, reviewing and analyzing bids, checking bidder's references, and
recommending award of contract.
3. Preconstruction Meeting
This meeting will be attended by Krieger& Stewart, Michael Buccino Associates,
RWR Pascoe, Construction Inspector(s), City of Palm Springs staff, Desert Water
Agency staff, contractor(s), and utility representatives. After said meeting,we will
prepare a memorandum of said meeting and furnish a copy of same to all who
attended the meeting.
4. Submittal Review
We will review and approve all materials. We will request Michael Buccino
Associates and RWR Pascoe to review the submittals pertaining to their work.
5. Partial Payment Request Review
Each month, partial payment requests submitted by the contractor(s) will be
reviewed with the Construction Inspector(s) to assure quantities and amounts
requested reflect work completed. After the requests are reviewed (and revised if
necessary),they will be approved by the Project Manager and sent to Desert Water
Agency for payment.
6. Correspondence and Meetings During Construction
Project progress and project changes during construction will be noted on a set of
construction drawings maintained in our office. Problems or questions during
construction will be addressed by Project Manager and Construction Inspector(s).
If problems occur requiring City of Palm Springs decision, City staff will be
consulted.
All extra work requests and time extension requests will be reviewed to determine
if said requests are warranted. If extra work requests are not warranted, we will
reject same in writing following review with City staff.. If extra work requests are
warranted, we will review said requests with Construction Inspector(s) and
compare them with field reports for confirmation of time, materials, equipment,
and labor involved. Thereafter, we will review same with City staff prior to
approving extra work and preparing change orders.
We will keep City staff informed of project progress, problems occurring during
construction, and any project changes. We will prepare weekly reports regarding
project construction and project schedule and submit them to City staff. Whenever
possible, we will review any required changes with City staff prior to making
same.
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Telephone numbers for the Project Manager, Construction Inspector(s), and
contractor(s) to be used outside normal business hours will be provided to City
staff.
7. Provide Construction Staking
We will provide construction staking for horizontal control of decorative paving
and lighting foundations and vertical and horizontal control for all curb
modifications.
The survey crew(s)will set the construction stakes at an offset distance determined
by contractor(s). Construction stake information will be placed on the cut sheets
and marked in the field. Thereafter, copies will be delivered to the City and
contractor(s).
8. Provide Construction Inspection
For our proposal, we have assumed City staff will provide the daily inspection of
all site improvements. Krieger& Stewart, with the assistance of Michael Buccino
Associates and RWR Pascoe,will provide periodic inspection.
9. Final Ins eo ction
After the project is completed, Construction Inspector(s) and Krieger & Stewart
will review project and prepare a construction deficiencies list of items requiring
remedial work. After all items are completed, Krieger & Stewart will prepare
letter recommending acceptance of the project.
10. Record Drawing Preparation
We will prepare record drawings based on construction inspection records. All
changes from the construction drawings as designed will be noted on the original
drawings. Thereafter,the original drawings will be provided to City staff.
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EXHIBIT "B°
CITY OF PALM SPRINGS
PALM CANYON DRIVE STREET IMPROVEMENTS
SPECIAL REQUIREMENTS
City of Palm Springs shall furnish or perform the following:
I. Environmental assessment
2. Field locate and mark existing traffic signal conduits, irrigation meters, irrigation lines, and
electrical conduits
3. Provide information on current right-of-way data
4. Design and sign all drawings required for traffic signal modifications and provide all
technical specifications for same
5. Submit all drawings to City departments as required
6. Pay all City plan check fees
7. Provide full time inspection for the project
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EXHIBIT "C"
CITY OF PALM SPRINGS
PALM CANYON DRIVE STREET IMPROVEMENTS
SCHEDULE OF COMPENSATION
Design Engineering Services
Initial Meeting $ 1000
Design Survey 20,000
Base Construction Drawings 15,000
Preliminary Construction Drawings 100,000
Preliminary Design Review Meeting 1,000
Construction Drawings&Specifications(75%) 45,000
Review Meeting(75%) 1,000
Construction Drawings&Specifications 59,500
Subtotal: $242,500
Construction En ineering Services
City/Agency Agreement $ 1,000
Bidding Services 2,000
Preconstruction Meeting 1,000
Submittal Review 2,000
Partial Payment Request Review 1,000
Correspondence&Meetings During Construction 26,000
Construction Staking 15,000
Construction Inspection 7,000
Final Inspection 1,000
Record Drawings 2,000
Subtotal: $58,000
Total: $300,500
EXHIBIT"D"
CITY OF PALM SPRINGS
PALM CANYON DRIVE STREET IMPROVEMENTS
SCHEDULE OF PERFORMANCE
1992 1993
TASK MAR APR MAY JUN JUL AUG SEP I OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP
INITIAL MEETING WITH CITY STAFF
DESIGN SURVEY
BASE CONSTRUCTION DRAWINGS
PRELIMINARY CONSTRUCTION DRAWINGS
PRELIMINARY DESIGN REVIEW MEETING
CONSTRUCTION DRAWINGS&
SPECIFICATIONS(75%)
REVIEW MEETING(75%)
CONSTRUCTION DRAWINGS& -777
SPECIFICATIONS(100%)
BIDDING PERIOD
CONTRACT AWARD
PRECONSTRUCTION MEETING
CONSTRUCTION -- -
MEM/KAT
7P2SCHED
CERTIFICATE OF INSURANCE
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This
certificate does not amend, extend or alter the coverage afforded by the policy listed below. The Insurer
accepts no responsibility for any additions or changes made hereon that are not on record with the Insurer.
Name and Address of Insured:
Krieger & Stewart, Incorporated
3602 University Ave., Suite 201 )
Riverside, CA 92501 tY r V'a..
r
This is to certify that the policy of insurance listed below has been issued to the insured named above and
is in force at this time.
TYPE OF INSURANCE: Architects and Engineers Professional Liability Only
and operations/locations
covered thereunder
NAME OF INSURER: EVANISTON INSURANCE COMPANY
Shand Morahan Plaza, Evanston, IL 60201
POLICY NUMBER: AE-701316
POLICY PERIOD: From: OCT/13/1993 To: OCT/13/1994
LIMITS OF LIABILITY
AND DEDUCTIBLE: $2,000,000 each claim and $2,000,000 in the aggregate;
subject to a deductible of$100,000 each claim.
Should the described policy be cancelled before its expiration date, the undersigned will endeavor to give
30 days written notice to the certificate holder or 10 days written notice in the event the cancellation is due
to non-payment of premium and/or deductible or retention. Failure to give such notice shall impose no
obligation or liability of any kind upon the undersigned or upon the Insurer.
Name and Address of Certificate Holder:
City of Palm Springs
Bob Rockett
P.O. Box 2743
Palm Springs, CA 92263
SHAND MORAHAN & COMPANY, INC.
Shand Morahan Plaza
Evanston, Illinois 60201
Date: 1212193
SM 102-10 1/85 BY _ 1Z�'
Dated: January 4, 1994