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HomeMy WebLinkAbout00032C - PHILIP ABRAMS CONSULTION ENGINEERS SPC CROSSWALKS 0 AGREEMENT BETWEEN CLIENT AND PHILIP ABRAMS CONSULTING ENGINEERS, INC. Philip Abrams Cnsltng Engrs - For _ Design Sery for crosswalks on SPC PROFESSIONAL SERVICES CRA AGREEMENT #32(Orig 1-21-80 Res #98, 11-21-79 THIS AGREEMENT, made and entered into this >}/.,-?.�` day of by and between The City of Palm Springs hereinafter referred to as the ".Client" and Philip Abrams Consulting Engineers, Inc. , hereinafter referred to as "Engineer". W I T N E S S E T H WHEREAS, the Client proposes to construct patterned concrete crosswalks including curb extensions on S Palm Canyon Drive . WHEREAS, the Client desires to engage the Engineer to perform certain engineering services pertinent to above construction; NOW THEREFORE, in consideration of the premises and mutual benefits which will accrue to the parties hereto in carrying out the terms of this agreement, it is mutually understood and agreed as follows : A. Engineer agrees to furnish and perform professional services pertinent to the above named construction, specifically out- lined as follows : B. The Client agrees to paythe Engineer as compensation for professional services enumerated on Exhibit A of this agree- ment on a time and materials basis not to exceed Six Thousand Five Hundred & No/100 Dollars ($6 ,500 . 00 1 of 3 C. The following provisions are hereby incorporated into and made a part of this agreement : 1. In the event of any increase of costs due to the granting of wage increases and/or other employee benefits ; due to terms of any labor agreement during the lifetime of this agreement, such increase shall be adjusted percentage-wise to all of the fee schedules. 2 . The plans , specifications and/or field work covered by this contract are understood to be those required by the various governing bodies or federal agencies for this type work as of the date of this agree- ment . In the event of a change of policy of those organizations which require additional office or field work, the payment for the extra work shall be the subject of an extra charge to be based on Item 13 below. 3 . In the event that any survey or construction stakes are removed by __accident or otherwise, the cost of restaking shall be paid in accordance with Item 13 below. 4. In the event all or any portion of the work prepared or partially prepared by Engineer be suspended or abandoned, the Client shall pay Engineer for the work performed on an hourly basis as set forth in Item 13 below. 5. The Client shall pay the costs of all fees , permits , bond premiums , title company charges , blueprints and reproductions , and all other charges not specifically covered by the terms of this agreement. 6 . Fees and all other charges will be billed monthly as the work pro- gresses, and the net amount shall be due at the time of billing. Any amounts not paid within 30 days of the Billing Date shall be considered delinquent, and shall bear a service charge of 12% per _ month on the unpaid balance. 7 . All tracings , survey notes , and other original documents are and shall remain the property of Engineer, except where, by law or precedent, these documents become public property. 8 . Engineer will not recognize or consider any backcharge due to failure by Contractor, non-compliance with accepted job site plans unless Engineer has been notified by Client in writing prior to any contemplated change. 9 . If suit be instigated to enforce or interpret this contract, the . prevailing party shall be entitled to recover, in addition to any other judgement, the costs of suit including reasonable attorney' s fees . 2 of 3 10. If in the course of the design phase, the Regulatory Agencies change their design criteria, the cost of necessary redesign shall be billed to the developer at current billing rates . 11. Engineer and the Client each binds himself, his partners, executors , administrators, and assigns to the other party of this agreement. Except as above, neither party shall assign, sublet or transfer, or diminish his obli- gation hereunder, without the written consent of the other party hereto. 12. All matters pertaining to Civil Engineering and Land Surveying shall be supervised by a Registered Civil Engineer in the State of California. 13 . Engineering services in connection with this contractual agreement shall be billed in accordance with Exhibit $ which hereby is made a part of this agreement . IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the terms and conditions above stated the day and year first above written. CLIENT: ENGINEER: COMMU=eVELOP G NC�Y„ P THCITY G l $y sell J. Beiricv Thomas W. Essen Chairman Vice president-general manager Title Title January 21, 1980 4 Z. � 'Z `I 17 I Date Date` APPROVED BY THE CRA BY RES. 98, 11-21- 79 3of3 CITY OF PALM SPRINGS EXHIBIT A The following work is included as part of this proposal . 1 . Field survey of each location showing existing elevations and alignments of street paving , curb , sidewalk and vertical obstructions . 2 . A 1" to 20 ' scale plan of each location showing new curb , cross walk and curb drainage locations and elevations . 3 . Specifications for the above referenced work. 4 . List of quantities and estimated cost of the work. 5 . Curb stakes for elevation and location. 6 . Preparation of as-built drawings to City standards . 7 . A principal of the firm to act as the City Engineer for the _ term of the contract . 5/2/79 1 of 1 EXHIBIT "B" PHILIP ABRAMS CONSULTING ENGINEERS, INC. HOURLY RATES FOR ENGINEERING SERVICES Effective Date August 1, 1978 The hourly rates for Engineering Services are adjusted annually on August 1st for Office Technical personnel, and Survey Crews . The rates included in this schedule reflect our fees for one year, for the classifications shown, and are subject to change on August 1, 1979 . This is because of increases in costs , wages , and other employee benefits; more particularly as we are signators under the Master Agreement between the California Council of Civil Engineers and Land Surveyors and the International Union of Opera- ting Engineers , Local No . 12, AFL-CIO. All work performed after August 1, 1978, will be subject to in- creases reflected in our new hourly rates for unfinished work as of the date of the increases. OFFICE HOURLY RATE Principal Engineer $45. 00 Registered Civil Engineer 38. 50 Project Engineer 38. 50 Engineer 30. 00 Assistant Engineer 27. 00 Draftsman 22 .00 - Administrative 15.50 FIELD HOURLY RATE Three-man Survey Party $92 . 00 Two-man Survey Party 75 .50 The above field hourly rates include the use of fully equiped field vehicles and the cost of normal survey stakes and other field supplies . • 0 D PHILIP ABRAMS WORK ORDER DATE 11/28/79 CONSULTING ENGINEERS INC. 903-7-1 W.O. NO. 0 431 SOUTH PALM CANYON DRIVE/SUITE 100 PALM SPRINGS,CALIFORNIA 92262/(714)325-1491 IDENTIFICATION ('Ommunity Redevelopment Agency, Ci y o a m WRITTEN BY: CLIENT: TO BE BILLED TO: LOCATION NAME City Of Palm Springs ADDRESS P. 0. Box 1786 NOTES Palm Springs CA 92263 WORK ORDERED BY Ken Feenstra PHONE P.O. NO. DESCRIPTION OF WORK. Additional charges for time delay in executing contract proposal, Six hundred eighteen dollars ($618 . 00) Additional charges are due to impact of revised billing rates effective August 1, 1979 for a period of one (1) year. CLIENT Communi Redevelopment Agency EFTGINEER of th C3�ty of p iT1 _ ti I �i' N m� e and T vtle Name and Title January 21, 1980 ° Date Date AliNtsrk:_suhjesi--te-Standard-Rr-ewrs•i 'nns-n•.:�:.se..,m,�- -- -- STANDARD PROVISIONS OF AGREEMENT • The client and consultant agree that the following provisions shall be a part of their agreement: 1. The client binds himself, his partners, successors, executors, administrators, and assigns to the consultant to this agreement in respect to all of the terms and conditions of this agreement. 2. Neither the client nor consultant shall assign his interest in this agreement without the written consent of the other. 3. No conditions or representations, altering, detracting from, nor adding to the terms hereof shall be valid unless printed or written hereon or evi- denced in writing by either party to this agreement and accepted in writing by they other. 4. One or more waivers of any term, condition or covenant by the consultant',shall not be construed by the client as a waiver of a subsequent breach of the same or any other term, condition or covenant. 5. In the event any provision of this agreement shall be held to be invalid and unenforceable, the other provisions of this agreement shaft he valid Ind binding on the parties hereto. 6. All agreements on consultant's part are contingent upon, and consultant shall not be responsible for damages or be in default or be deemed to be in default by reason of, delays in performance by reason of strikes, lockouts, accidents, acts of God and other delays unavoidable or beyond consultant's reasonable control, or due to shortages or unavailability of labor at established area wage rate or delays caused by failure of client or client's agents to furnish informa- tion or to approve or disapprove consultant's work promptly, or due to late or slow, or faulty performance by client, other contractors, or govern on mentaf agen- cies, the performance of whose work is precedent to or concurrent with the performance of consultant's work. 7. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to permit pro- cessing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, and building permits; and consultant shall only act as an adviser in all governmental relations. S. In the event of litigation on this agreement, the interpretation thereof, and!all disputes or controversies arising hereunder shall be governed by the laws of the state of California. 9. In the event that client institutes a suit against consultant because of any failure or alleged failure to perform, error, omission, or negligence, and if such suit is not successfully prosecuted, or if rt is dismissed, or if verdict is rendered for consultant, client agrees to pay consultant any and all costs of de- fense, including attorney's fees, expert witnesses' fees, and court costs and any and all other expenses of defense which may be needful, immediately follow- ing dismissal of the case or immediately upon judgment being rendered in behalf of consultant. 10. In the event that litigation be instituted under the terms and conditions of this agreement, the same is to he brought and tried in judicial jurisdiction of the court of the county in which the consultant's principal place of business is(located and client waives the right to have the suit brought, or tried in, or removed to any other county or judicial jurisdiction. - - -- 11. Should litigation be necessary to enforce any term or provision of this agreement, or to collect any portion of the amount payable under this agree- ment, then all litigation and collection expenses, witness fees and court costs, and!attorney's fees shall be paid to tires prevailing party. 12. There are na understandings or agreements except as herein expressly stated. 13. All original papers and documents, and copies thereof, produced as a result of this contract, except documents which are required to be filed with public agencies, shall remain the property of the consultant and may be used by consultant without the consent of client. 14 Services provided within this agreement are for the exclusive use of the client for the project only. 15. Client agrees to cooperate in any and every way or manner with consultant on project. 16. Upon written request, each of the parties hereto shall execute and deliver, or cause to be executed and delivered, such additional instruments and documents which may be necessary and proper to carry out the terms of this agreement. 17. The terms and provisions of this agreement shall not be construed to alter, waive, or affect any lien or stop notice rights, which the consultant may have for the performance of services under this agreement. 18 The consultant makes no representation concerning the estimated quantities and cost figures made in connection with maps, plans, specifications, or drawings other than that all such figures are estunates only and the consultant shall not be responsible for fluctuations in cost factors. 19, Consultant does not guarantee the completion or quality of performance�.f contract or the completion or quality of performance of conhacts by the construction contractor or contractors, or other third parties, nor is he responsible for their acts or omissions, 20. Consultant makes no warrant, either express or implied, as to his findings, recommendations, specifications, or professional advice except that these were promulgated after being prepared in accordance with generally accepted engineering and/or surveying practices and under the direction of registered professional engineers and/ot licensed land surveyors. 21. Consultant makes no representations concerning soil conditions unless specifically included in writing in this agreement, and he is not responsible for any liability that may arise out of the making or failure to make soil surveys, or sub-surface soil tests, or general soil testing. 22. Consultant makes no representations concerning estimates of areas. Estimates of areas arc estimates only and are not intended as accurate unless such area is certified. Certified areas will only be given when requested in writing indi at an additional charge to client. 23. In the event that any changes are made in the plans and specifications by;the client or persons other than the consultant, which affects the consultant's work, any and all liability arising out of such changes is waived as against the consultant and the cheat assumes full responsibility for such changes unless client has given consultant prior notice and has received from consultant written consent for such changes. 24, The consultant is not responsible, and liability is waived by client as against consultant, for use by client or any other person of any plans or drawings not signed by consultant. 25. Consultant has a right to complete all services agreed to be rendered pursuant to this contract. In the event this agreement is terminated before the completion of all services, unless consultant is responsible for such early termination, client agrees to release consultant from all liability for work performed. 26. In consideration of the consultant's'fee for services, the client agrees that the consultant will perform no on-site construction review for this project; that such services will he provided by others, and that the client shall defend indemnify and hold the consultant harmless from any and all liability, real or alleged, that might be occasioned by others performing construction review for this project. 27 The client agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property; that this require- ment shall be made to apply continuously and not be limited to normal working'ihours, and the client further agrees to defend, indemnify and hold the consul- tant harmless from any and all liability, real or alleged, in connection with the performance of work on this project, excepting liability arising from the sole negligence of the consultant. 28. The client agrees to limit the consultant's liability to the client and to all contractors and subcontractors on the project,due to professional negligent acts, errors or omissions of the consultant to the sum of $50,000 or the consultant's fee, whichever is greater. 29. Fees and all other charges will be billed monthly as the work progresses, and the net amount shall be due at the time of billing. 30. Client hereby agrees that the balance as stated on the billing from the consultant to client is correct, conclusive and binding on the client unless client within ten (10) days from the date of the making of the billing notifies consultant in writing of the particular item that is alleged to be incorrect. 31. A late payment FINANCE CHARGE will be computed at the periodic rate of I-1/2% per month, which is an ANNUAL PERCENTAGE RATE of 18%, and will be applied to any unpaid balance commencing 30 days after thridate of the original invoice. 32. In the event that the plans, specifications, and/or field work covered by'thrs contract are those required by various governmental agencies and in the event that due to change of policy of said agencies after the date of this agreement, additional office or field work is required, the said additional work shall be paid for by client as extra work. 33 In the event of any increase of costs due to the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, or rise in the cost of living, during the lifetime of this agreement, such percentage increase shall he applied to all remaining compensation. i 34. In the event that any staking is destroyed by an act of God or parties otter than consultant, the cost of restaking shall be paid for by client as extra work 35, The client shall pay the costs of checking and inspection fees, zoning (,and annexation application fees, assessment fees, soils engineering fees, soils testing fees, aerial topography fees, and a I I other fees, permits, bond pitermun title company charges, blueprints and reproductions, and all other charges not specifically covered by the terms of this agreement, 36. In the event all or any portion of the work prepared or partially prepared by the consultant be suspended, abandoned, or terminated, the client shall pay the consultant for the work performed on the agreed hourly basis, not to exceed any maximum contract amount specified herein 37. In the event client fails to pay consultant promptly or within sixty (60) days after invoices are rendered, then client agrees that consultant shall have the right to consider said default a total breach of this agreement and the duties of the consultant under this agreement terminated. In such event, client shall then promptly pay the consultant for all of the fees, charges and services performed by consultant on the agreed hourly basis. rCommunity Redevelopment Ac_ t EXHIBIT "B" City of Palm Springs PHILIP ABRAMS CONSULTING ENGINEERS, INC. HOURLY RATES FOR ENGINEERING SERVICES Effective Date August 1, 1979 The hourly rates for Engineering Services are adjusted annually on August lst for Office Technical personnel, and Survey Crews . The rates included in this schedule reflect our fees for one year, for the classifications shown, and are subject to change on August 1, 1980. This is because of increases in costs, wages , and other employee benefits ; more particularly as we are signators under the Master Agreement between the California Council of Civil Engineers and Land Surveyors and the International Union of Opera- ting Engineers, Local No. 12, AFL-CIO. All work performed after August 1, 1979, will be subject to in- creases reflected in our new hourly rates for unfinished work as of the date of the increases . OFFICE HOURLY RATE Principal Engineer $50. 00 Registered Civil Engineer 43. 00 Project Engineer 43. 00 Engineer 30. 00 Designer/draftsman 27 . 00 Draftsman 22 . 00 Administrative 19. 00 FIELD HOURLY RATE Three-man Survey Party 105 . 00 Two-man Survey Party 80. 00 The above field hourly rates include the use of fully equipped field vehicles and the cost of normal survey stakes and other field supplies . I OTANDARD PROVISIONS OF AGREEMENT • The client and consultant agree that the following provisions shall be a part,of their agreement: 1 The client birds himself, his partners, successors, executors, administrators, and assigns to the cnnsulant to this agreement in respect to all of the '• terms and conditions of this agreement. 2. Neither the client nor consultant shall assign his interest in this agreement without the wnuen consent of the other. 3. No conditions or representations, altering, detracting from, nor adding to the terms hereof shall be valid unless printed or %eWti t hereon or cvi. denced in writing by either party to this agreement and accepted in write ng by the other 4 One or more waivers of any term, condition or covenant by the consultant shall not be construed by the client as a waiver of a subsequent breach of the same or any other term, condition or covenant 5. In the event any provision of this agreement shall be held to be invalid and unenforceable, the other provisions of this agreement shall be valid and binding on the parties hereto. 6. All agreements on consultant's part are contingent upon, and consultant shall not be responsible for damages or be in default or be deemed to be in default by reason of, delays in performance by reason of strikes, lockouts, accidents, acts of God and other delays unavoidable or beyond consultant's reasonable control, or due to shortages or unavailability of labor at established area wage rate or delays caused by failure of client or client's agents to furnish informa- tion or to approve or disapprove consultant's work promptly, or due to late or slow, or faulty performance by client, other contractors, or governmental agen- cies, the performance of whose work is precedent to or concurrent with the performance of consultant's work. 7. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies ep including, but not limited to permit pro- cessing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, and building permits; and consultant shall only act as an adviser in all governmental relations. S. In the event of litigation on this agreement, the interpretation thereof, and all disputes or controversies arising hereunder shall be governed by the laws of the stale of California 9. In the event that client institutes a suit against consultant because of any failure or alleged failure to perform, error, omission, or negligence, and if such suit is not successfully prosecuted, or if it is dismissed, or if verdict is rendered for consultant, client agrees to pay consultant any and all costs of de- fense, including attornry's fees, expert witnesses' fees, and court costs and any and all other expenses of defense which in be needful, immediately follow- ing dismissal of the case or immediately upon judgment being rendered in behalf of consultant. to. In the event that litigation be instituted under the terms and conditions of this agreement, the same is to be brought and tried in judicial jurisdiction of the court of the county in which the consultant's principal place of business is'located and client waives the right to have the suit brought, or tried in, or removed to any other county or judicial jurisdiction. It. Should litigation be necessary to enforce any term or provision of this agreement, or to collect any portion of the amount payable under this agree- It. fees shall be paid to tut prevail n ment, then all litigation and collection expenses, witness fees and court costs, and g party. 12. There are no understandings or agreements except as herein expressly stated. 13. All original papers and documents, and copies thereof, produced as a result of this contract, except documents which are required to be filed with public agencies, shall remain the property of the consultant and may be used by consultant without the consent of client. 14. Services provided within this agreement are for the exclusive use of the client for the project only. 15. Client agrees to cooperate in any and every way or manner with consultant on project. 16. Upon written request, each of the parties hereto shall execute and deliver, or cause to be executed and delivered, such additional instruments and documents which may be necessary and proper to carry out the terms of this agreement. 17. The terms and provisions of this agreement shall not be construed to alter, waive, or affect any lien or stop notice rights, which the consultant may have for the performance of services under this agreement. 18. The consultant makes no representation concerning the estimated quantities and cost figures made in connection with maps, plans, specifications, or drawings other than that all such figures are estimates only and the consultant shall not be responsible for fluctuations in cost factors. 19. Consultant does not guarantee the completion or quality of performance,of contract or the completion or quality of performance of contracts by the construction contractor or contractors, or other third parties, nor is he responsible for their acts or omissions. 20. Consultant makes no warrant, either express or implied, as to his findings, recommendations, specifications, or professional advice except that these were promulgated after being prepared in accordance with generally accepted engineering and/or surveying p[actices and under the direction of registered professional engineers and/or licensed land surveyors. - 21. Consultant makes no representations concerning soil conditions unless specifically included in writing in this agreement, and he is not responsible fat any liability that may arise out of the making or failure to make soil surveys, or sub-surface soil tests, or general soil testing; 22. Consultant makes no representations concerning estimates of areas Estimates of areas are estimates only and are not intended as accurate unless such area is certified. Certified areas will only be given when requested in writing and at an additional charge to client. 23. In the event that any changes are made in the plans and specifications by the client or persons other than the consultant, which affects the consultant's work, any and all liability arising out of such changes is waived as against the consu ltant and the client assumes full responsibility for such changes unless client has given consultant prior notice and has received from consultant wnttem consent for such changes. 24. The consultant is not responsible, and liability is waived by client as against consultant, for use by client or any other person of any plans or drawings not signed by consultant. 25. Consultant has a right to complete all services agreed to be rendered pursuant to this contract. In the event this agreement is terminated before the completion of all services, unless consultant is responsible for such early termination, client agrees to release consultant from all liability for work performed. 26. In consideration of the consultant s-fee for services, the client agrees that the consultant will perform no on site construction review for this project; that such services will be provided by others; and that the client shall defend, indemnify and hold the consultant harmless from any and all liability, real or alleged, that might be occasioned by others performing construction review for this project. 27. The client agrees that in accordance with generally accepted construction' practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions dunng the course of construction of the protect, including safety of all persons and property; that this require- ment shall be made to apply continuously and not be limited to normal working hours; and the client further agrees to defend, indemnify and hold the consul- tant harmless from any and all liability, real or alleged, in connection with the performance of work on this project, excepting liability arising from the sole negligence of the consultant. 28 The client agrees to limit the consultant's liability to the client and to all contractors and subcontractors on the project, due to professional negligent acts, errors or emissions of the consultant to the sum of $50,000 or the consultants fee, whichever is greater. 29. Fees and all other charges will be billed monthly as the work progresses, and the net amount shall be due at the time of billing. 30. Client hereby agrees that the balance as stated on the billing from the consultant to client is correct, conclusive and binding on the client unless client within ten (to) days from the date of the making of the billing notifies consultant in writing of the particular item that is alleged to be incorrect. 31. A late payment FINANCE CHARGE will be computed at the periodic rate of 1-1/2% per month, which is an ANNUAL PERCENTAGE RATE of 18%, and will be applied to any unpaid balance commencing 30 days after the date of the original invoice - 32. In the event that the plans, specifications, and/or field work covered by this contract are those required by various governmental agencies and in the event that due to change of policy of said agencies after the date of this agreement, additional office or field work is required, the said additional work shall be paid for by client as extra work. 33. In the event of any increase of costs due to the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, or rise in the cost of living, during the lifetime of, this agreement, such percentage increase shall be applied to all remaining compensation. 34. In the event that any staking is destroyed by an act of God or parties other than consultant, the cost of restriking shall be paid for by client as extra work. 35. The client shall pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees, soils testing fees, aerial topography fees, and all other fees, permits, bond premiums, title company charges, hluepnnts and reproductions, and all other charges not specifically covered by the terms of this agreement. 36 In the event all or any portion of the work prepared or partially prepared by the consultant be suspended, abandoned, or terminated, the client shall pay the consultant for the work performed nn the agreed hourly basis, not to!exceed any maximum contract amount specified herein. 37. In the event client fails to pay consultant promptly or within sixty (60) days after invoices are rendered, then client agrees that consultant shall ha•• the right to consider said default a total breach of this agreement and the duties of the consultant under this agreement terminated In such event, clam shall then promptly pay the consultant for all of the fees, charges and senates performed by consultant on the agreed hourly basis.