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HomeMy Public PortalAboutAgreement_2012-12-10_Caliland Engineering Soil Field Aerial TopographyCONSULTANT SERVICES AGREEMENT By and Between THE CITY OF TEMPLE CITY, a municipal corporation and CaliLand Engineering, Inc. RIV 44822-7830-4520 v AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND CaIiLand Engineering, Inc. This Agreement for Consultant Services ("Agreement") is entered into as of this 10th day of December, 2012 by and between the City of TEMPLE CITY, a municipal corporation ("City") and CaliLand Engineering, Inc, a Corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Parry" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, the performance of the land surveying services defined and described particularly in Section 2 of this Agreement. B. Consultant, following submission of a letter proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Consultant was selected by the City on the basis of Consultant's demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. D. Pursuant to the City of Temple City's Municipal Code, City has authority to enter into this Consultant Services Agreement and the City Manager has authority to execute this Agreement. E. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to the schedule specified in Exhibit "A." Should the scope of services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to Section 21 of this Agreement. The City, in its sole discretion, may choose not to enforce the RIV 94822-7830-0520 vi _ 1 Default provisions of this Agreement and may instead allow Consultant to continue performing the scope of services until such services are complete. SECTION 2. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services," which is incorporated herein by this reference, in accordance with the terms and conditions of this Agreement. SECTION 3. ADDITIONAL SERVICES. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit "A" "Scope of Services," unless such additional services are authorized in advance and in writing by the City Council or City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Manager. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit "B" "Compensation," which is incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Twenty Four Thousand Nine Hundred and Ninety Nine dollars ($24,999.00), unless additional compensation is approved in writing by the City Council or City Manager. (b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub -consultant contracts. Sub -consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit `B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. Rry a4822-7830.4520 V 2 _ SECTION 5. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, sections 16 and 17, pertaining to indemnification and insurance, respectively. SECTION 6. OWNERSHIP OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall tum over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement, Consultant's guarantees and warrants related to Standard of Performance and found in Section 9 of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 7. CONSULTANT'S BOOKS AND RECORDS. (a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of services pursuant to this Agreement. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and RIV 94922-7930-4520 v1 _ 3 _ records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the City and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors -in -interest and authorized representatives. SECTION 8. STATUS OF CONSULTANT. (a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant , nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. SECTION 9. STANDARD OF PERFORMANCE. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. In addition to the general standards of performance set forth this Section 9, additional specific standards of performance and performance criteria are set forth in the Scope of Work that shall also be applicable to Consultants work under this Contract. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer RIV #4822.78304520 vI _ 4 _ files, files or other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement, Consultant's guarantees and warranties related to Standard of Performance shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section. SECTION 11. PREVAILING WAGE LAWS It is the understanding of City and Consultant that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, "construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. SECTION 12. NONDISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. SECTION 13. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et sem., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. SECTION 14. CONFLICTS OF INTEREST. (a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under RIV#4822-78304520 v1 _ 5 _ this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non -related services for other governmental agencies and private parties following the completion of the scope of work under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant , its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. RIV 048229830-4520 v f -6- SECTION 16. INDEMNIFICATION. (a) Indemnification by Design Professional. As provided under Civil Code Section 2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or sub - consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and consultants, and Consultant, damages and expenses from both indemnity and duty to defend obligations shall be home by each party in proportion to its negligence. (b) Indemnification from Sub -Consultants. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub -consultant / contract or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. (c) City's Sole Negligence. The provisions of this Section 16 do not apply to Claims occurring as x result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. SECTION 17. INSURANCE. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance," which is incorporated herein by this reference. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request. SECTION 18. ASSIGNMENT. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this RIV �W22-7830-3520 vl _ _ Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 19. CONTINUITY OF PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. SECTION 20. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 of this Agreement. SECTION 21. DEFAULT. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. Rry 94822-7830-4520 V l -8- SECTION 22. EXCUSABLE DELAYS. Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The terrn and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION 23. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit "A" "Scope of Services," shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. SECTION 24. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: City of Temple City Attn: City Manager 9701 Las Tunas Dr. Temple City, CA 91780 To Consultant: CaliLand Engineering, Inc. Attn: Kevin Y. Lai, PLS & PE 1216 S. Garfield Avenue, Suite 200 Alhambra, CA 91801 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION 25. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder. SECTION 26. ADMINISTRATION AND IMPLEMENTATION This Agreement shall be administered and executed by the City Manager or his or her designated representative, following approval of this Agreement by the City Council. The City Manager shall have the authority to issue interpretations and to make minor amendments to this RN #4822.7830-4520 v 1 -9- Agreement on behalf of the City so long as such actions do not materially change the Agreement or make a commitment of additional funds of the City. All other changes, modifications, and amendments shall require the prior approval of the City Council. SECTION 27. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. SECTION 28. MODIFICATION OF AGREEMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. SECTION 29. WAIVER. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. SECTION 30. LAW TO GOVERN; VENUE. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles. SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION 32. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other Agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other Agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives. RIV 94822-7830-4520 vi -10- SECTION 33. SEVERABILITY. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. ATTEST: C Peggy KuV City Clerk ry By: By: oe.✓ � / / ry Its:%(ei �5•'n CITY OF TEMPLE CITY Jose Pulido City Manager APPROVED AS TO FORM Its: NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. RN 94822-7830-4520 v - 11 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On Re C. I q 4012before me, J�� Nµ1 personally ap eared LA; proved to me on the basis of satisfactory evidence to be the person( hose names( is re subscribed to the within instrument and acknowledged to me that �h /she/they executed the same in his/her/their authorized capacityk<, and that by hi her/their signature(,Kon the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Commission # 1891093 Notary Public - California Los Angeles County OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) RIV #4822-78304520 V C0'5'A mut P�V)reeawej TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" SCOPE OF SERVICES I. Consultant will perform the following Services: A. Perform Phase I Field Aerial Topographical Surveys B. Perform Phase I survey research at County. C. Prepare Phase I Aerial Topographical Survey Map at I "=20' at 1' Contour Interval II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. Phase I Aerial Topographical Survey Map in PDF format. 0 C. III. During performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. B. C. IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule: A. Complete survey research in 14 working days from the date of Notice To Proceed (NTP). B. Complete setting of aerial targets in 14 working days from the date of NTP. C. Complete Aerial Topographic Survey Map in 45 working days from the date of NTP. A-1 RIV #4822-7830-4520 V V. Consultant will utilize the following personnel to accomplish the Services: A. Licensed Land Surveyors, civil engineers B. Project Engineers C. Survey Party Chiefs, Survey Technicians D. CAD Technicians VI. Consultant will utilize the following subcontractors to accomplish the Services: A. Inland Aerial Surveys, Inc. lJ C. VII. AMENDMENT The Scope of Services, including services, work products, and personnel, are subject to change by mutual Agreement. In the absence of mutual Agreement regarding the need to change any aspects of performance, Consultant shall comply with the Scope of Services as indicated above. A-2 RIV #4822-7830-0520 V I EXHIBIT "B" COMPENSATION I. Consultant shall use the following rates of pay in the performance of the Services: A. 2 -man survey crew $165.00/hr B. Licensed Surveyor 145.00/hr C. Party Chief $110.00/hr D. Office Engineeeg $98.00/hr E. Draftsman $85.00/hr H. Consultant may utilize subcontractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed $200.00 per hour without written authorization from the City Manager or his designee. III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all supplies properly charged to the Services. C. Line items for all travel properly charged to the Services. D. Line items for all equipment properly charged to the Services. E. Line items for all materials properly charged to the Services. F. Line items for all subcontractor labor, supplies, equipment, materials, and travel properly charged to the services. IV. The total compensation for the Services shall not exceed $24,999.00, as provided in Section 4 of this Agreement. l-1 RN 84822-7830-4520 vl EXHIBIT "C" INSURANCE A. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the City Manager or City Counsel, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: 1. Minimum Scope of Insurance. Consultant shall maintain professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 3 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 3 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. 2. Minimum Limits of Insurance. Consultant shall maintain limits of professional liability insurance no less than $1,000,000 per occurrence. B. Other Provisions. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. 1. Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. 2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. RIV #4822.7830-4520 vl C-1 3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. RIV #4822-7830-1520 VI C-2 Calit,mid Engineering, Inc. Civil Engineering, Land Surveying, Subdivision 1216 S Garfield Avenue, Suite 200 Alhambra, CA 91801 lei: (626)281-2288; Fax: (626)281-2088 Visit us at: www.CaliLand.net Kevin Yoon Lai, PLS 8886 Chris P. Alturas, RCE 28903 Kevin Yoon Lai, RCE 60565 Dec 10, 2012 Pagel of 3 City of Temple City Kristi L. Twilley, P.E., LEED ® AP, Project Manager 9701 Las Tunas Dr, Temple City, CA 91780 Subject: Aerial Topographical Surveys - Phase I Las Tunas Drive Between Rosemead Boulevard & Baldwin Avenue Temple City California 91780 In furtherance to your request, we are pleased to submit herewith the proposal for Professional Land Surveying Services for your approval. This proposal includes all Phase I features shown email sent to us dated November 20, 2012. Attached is EXHIBIT "A" detailing the Scope of Services that will be performed for this project. If this proposal is acceptable, you may indicate approval by signing in the space provided at the end of this document and returning the original for my files. A copy of this proposal is enclosed for your convenience. We look forward to working with you on this exciting project and bringing it to a successful completion. If you have any questions pertaining to the scope of services please do not hesitate to call. Thank you. Respectfully Submitted, Kevin Y. Lai, PLS & PE California Licensed Land Surveyor No. 8886 Registered Civil Engineer No: 60565 Kevino,CaliLand.net PiojecC Aerial Topographical Surveys-Phase1 Dec 10,2012 Las Tunas Drive Between Rosemead Boulevard & Baldwin Avenue Page 1 of 3 Temple City California 91780 EXHIBIT "A" SCOPE OF SURVICES Calit and Engineering, Inc. SCOPE OF SERVICES 1. Survev Research & Calculations.......................................................$1,800.00 Research and review existing record maps, centerline ties, local horizontal, vertical controls. This step will be completed immediately to assure accurate street centerline alignment, design parameters and to expedite processing o(future engineering design works. 2. Field Survey Controls....................................................................$5,500.00 Survey Crew to establish site survey controls on local horizontal and NA VD 88 benchmark. Set field aerial survey ground controls for Aerial Photogrammetry and locate existing monumentation,for ROW controls. 3. Aerial Photogratnmetry Mappine with 300' wide digital color orthophoto .....$9,500.00 4. Survey ROW Boundary Calculations to be shown on Survey MM...................$4,600.00 5. Survey Mappin.........................................................................$4,600.00 Analyze field survey data and create topographical survey map with 1 'contour interval at 20' scale and all related existing visible improvement and structures. Detail field survey and the Photogrammetry Map will be shown on the Topographical Survey Map. 6. OA/OC Project Manaeement............................................................$1,500.00 Total Estimated Cost...................................$27,500.00 Total After Discount ...............................................$24,999.00 Note: a) Payment is due within 30 days from the date of invoice. b) Addition works such as survey potholing will be billed at the following rates: i) $165.00 per hour for 2 Ivan survey crews ii) $98.00 per hour for office engineering Acceptance of Proposal: The above specification, prices and conditions shown on page 3 of 3 are hereby accepted. You are hereby authorized to proceed with above-mentioned work. Authorized Signatur . Date: 7, a o" ity empleCiry L. Twilley, P.E., LEED 9) AP, Project Manager 9701 Las Tunas Dr, Temple City, CA 91780 Joric, P_ Ud--.3 C.Lk� lnA�T_-, Aerial' Topographical surveys - Phase 1 Dec 10, 2012 Las Tunas Drive Between Rosemead Boulevard & Baldwin Avenue Page 3 of 3 Temple City California 91780 ATTACHMENT A Calil.:md Engineering, Inc. SERVICES. CaliLand Engineering, Inc. (CEI) will perform services for the Project as set forth in the attached and in accordance with these terms and conditions. CEI has developed the project scope of service, schedule and compensation based on available information. The Client acknowledges that adjustment to the schedule and compensation may be necessary based on the actual circumstances encountered by CEI in performing the services. SITE ACCESS. The Client shall obtain all necessary approvals for CEI to access the project site. RECORD OF SURVEY MAP. In the event that a material discrepancy exists during the course of survey, Client shall hire CEI to prepare Record of Survey Map and file said map at the County Surveyor's Office per California Land Surveyor's Act. Client is also required to pay recording County filing fees. COMPENSATION. In consideration of the services performed by CEI, the Client shall pay CEI the contract amount stated in the attachment. The parties acknowledge that terms of compensation are based on an orderly and continuous progress of the Project. Compensation shall be equitably adjusted for delays or extensions of time beyond the control of CEI. PAYMENT TERMS. CEI shall submit weekly, bi-weekly or monthly invoices for services perfonned and Client shall pay the full invoice amount within thirty (30) days of the invoice date. Invoices shall be considered correct if not questioned in writing within ten (10) days of the invoice date. CEI shall be entitled to 2% per month administrative charges in the event of payment delay. Client payment to CEI is not contingent on arrangement of project financing. Invoice payment beyond 60 days shall give CEI the right to stop work until payments are current. Non-payment beyond 70 days shall be just cause for tennination of services by CEI. Client shall be responsible for reimbursing CEI for all actual attorney's fees and costs incurred by CEI should it become necessary to collect payment for services performed under this agreement whether legal action is instituted or not. All invoices submitted to Client by CEI shall include by reference these payment terms. LIEN RIGHT. CEI may file a lien against the Client's property in the event that Client does not make payment within the time prescribed in this agreement. The Client agrees that services by CEI are considered property improvements and the Client waived the right to any legal defense to the contrary. ADDITIONAL SERVICES. The Client and CEI acknowledge that additional services may be necessary for the Project to address issues that may not be known at Project initiation or that may be required to address circumstances that were not foreseen. In that event, CEI shall notify the Client of the need for additional services in the amount and manner as the parties subsequently agree. REUSE OF DOCUMENTS. The Client release CEI from any liability that may result from documents used for any purpose other than those intended for this Project. FORCE MAJEURE. Neither parties will hold the other responsible for damages or delay caused by Acts of God, act of war, strikes, accidents, or other events beyond the other's control. TERMINATION. The Client or CEI may terminate services on the Project upon seven (7) days in written notice in the event of substantial failure by the other party to fulfill its obligation of the terms hereunder. CEI shall submit an invoice for services performed up to the effective date of termination and the Client shall pay CEI all outstanding invoices within fourteen (14) days. ASSIGNMENTS. Neither parties shall assign its right, interest, or obligations under the Project without the express written consent of the other party. SEVERABILITY. Any provision of these tenns later held to violate any law shall deemed void and all remaining provisions shall continue in force. In such event, the Client and CEI will work in good faith to replace an invalid provision with one that is valid with as close to the original meaning as possible. PRINTING & REPRODUCTION. Client shall reimburse CEI all printing & reproduction costs. Signature City of Temple City Kristi L. Twilley, P.E., LEED ® AP, Project Manager 9701 Las Tunas Dr, Temple City, CA 91780 2 / iS'aie�'N. m .m c. �l,_any�anoJ lnuleM o x .. '� .- I.. __•"`�,'- and°',ita`1 m . any uony f G'A',/ aieosnA N any :end )S eiPeoy; -=•�I � ,t Reno Ave , �,� ° - /D anyPUellIS ° .�. ,. -.➢' '; aAv 1•eFl =v any'ewol'.: and efiwZ)U:l g v 9uessalq and 0 v T o and tiPsk fr<ol� and aso1,,U�pd-� -:.r„• � Ftp•. .10 4ewJhe)b (D 1 ,V\ I _ -0 o�.r»- • o � u-� e��al c. o o olr AGORD,„ CERTIFICATE OF LIA113410 �V11 12/119/201122 RANCE I DATE9/DD/ PRODUCERUEC 2 �i$ CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allan Cheng, State Farm Agency 4iIIRY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1212 S. Atlantic Blvd. Ste 102 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Alhambra, CA 91803 TEMPL ER THE COVERAGE AFFORDED BY THE POLICIES BELOW. �� CITY C�ERK ,,,,,,,,, Tel (626) 382-1264 Fax (626) 382-1268 INSURERS AFFORDING RAGE NAIC # INSURED INSURER A: Stale Farm General / n Company 25751 25151 a1an Garfield AveInc INSURERS: Q�j-1_ r.�.�- 1216 SGarfield ve #200 --- ---- ----- — Alhambra, CA 91801 INSURER _INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR INSRADD'l; TYPE OF INSURANCE POLICYNUMBER POUCYEFFECTIATEMMMDryVE POLICDATY EXPIRATK)Ni LIMITS A GEN ERAwAeIUTY 92 -BV -J2857 G 12/21/2012 '1212112013 EACH OCCURRENCE $ - 1,000,000,00 X'DAMAGETO RENTED COMMERCIALGENERAL LIABILITY PREMISE$1E-a—accurence)_ 300000.00 CLAIMS CLAIMS MADE X OCCUR .$ MED EXP (Any one person) - _. $ 10,000.00 PERSONALS ADV INJURY S 1,000,000.00 GENERAL AGGREGATE S 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG 'I$ GE JAI POLICY I PRO- i LOC _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMB $ ANY AUTO (Ea amitlerri) ALL OWNED AUTOS - BODILY INJURY S SCHEDULED AUTOS (Per person) HIREDAUTOS BODILY INJURY S NON -OWNED AUTOS (Per amidenJ --- -- - -- - --- PROPERTYDAMAGE $ (Per amident) GARAGELIABILITY AUTO ONLY - EA ACCIDENT S _ . ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR — _ CLAIMS MADE AGGREGATE S . .$ DEDUCTIBLE _S RETENTION S WORKERS COMPENSATION AND WC STATU-GETFW TORY LIMITS R_L EMPLOYERS'LIABILITY — ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACHACCIDENT— $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE- $ If yes, describe under SPECIAL PROVISIONS below E . DISEASE - POLICY LIMB $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Certificate holder is listed as additional insured. CFRTIFICCTF Hni nFR rAldr=l I ATInM City of Temple City 9701 Las Tunas Drive SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Temple City, CA 91780 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Maria Martinez AUUKU 20 (ZUU7/UB) © ACORD CORPORATION 1988 CALIENG-01 YOUSHI ATE d►coRo CERTIFICATE OF LIpA�B(I+ }T\/X '1yA}Y'SURANCE D12/19/2012 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF I PV4Oti-bWL1-Ak0'COgPEn NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS REPRESENTATIVE OR PRODUCER, O INSURANCE CEDOE NOTHCO0N IT,(V 2,J2NTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, t[[he�(JJpolliicVVy(ILLes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may req"1WMVo(§4Wnt. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ,ITV f4 F02K PRODUCER License # 0554249 (OC) Heffernan Insurance Brokers D Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 AUI NAME: Sherry Young PHONE1 714 301.7700 ArsN,,0; ) _ 'IFAX -- lac Nal: 1 (714) 3.61-77.0.1 _ EMAIL ADDRESS: INSURERS AFFORDING COVERAGE _ _ _. _ �NAIC# INSURED —INSURER INSURER Atlantic s)]�e; is Insurance Company— a B /L- _ ''I i _ ;HIRED AUTOS Caliland Engineering Inc. UMBRELLA LIAS OCCUR -� INSURER D: 1216 S Garfield Ave. #200 _ Alhambra 91801 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IR' A ADDL SUBR POLICY EFF POLICY EXP LT -- LTR' TYPE OF INSR POLICY NUMBER IMM/ODIYYYYI IIMMIOD/Y1'YYI_, LIMITS GENERAL LIABILITY EACH OCCURRENCE _ _ _ :._$___ _ DAMAGE Ta RENTED - I COMMERCIAL GENERAL_ LIABILITY PREMISES (Ea occurtence)__,_$_ L_i CLAIMSMADE_I OCCUR MEDEXP(Anyonep.nam) 15 GEN'L AGGREGATE LIMITAPPLIES PER: POLICY F—� JEG_ L LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED _ SCHEDULED li AUTOS I. _' AUTOS _ ''I NONOWNED _ ;HIRED AUTOS AUTOS UMBRELLA LIAS OCCUR EXCESS LIAB r CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N., OFFICERIMEMBER EXCLUDED? L IN/A PERSONAL B ADV INJURY $____ GENERAL AGGREGATE _ I$ PRODUCTS - COMP/OP AGG S COMBINED SINGLE LIMIT i (Ea accident) $ BODILY INJURY (Per person)_ I S BODILY INJURY (Per accident) $ PROPERTY DAMAGE 'iS (PER ACCIDENT)_ s EACH OCCURRENCE is .AGGREGATE IS Fs WC STATU IOTH-I EL DISEASE - EA EMPLOYEES _ E.L. DISEASE -POLICY LIMIT �S DPL122512 1/31/2012 1/31/2013 PER CLAIM 1,000,000 DPL122512 1/31/2012 1/31/2013 'AGGREGATE 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) aROJECTS AS ON FILE WITH THE INSURED, CERTIFICATE HOLDER_ CITY OF TEMPLE CITY 9701 LAS TUNAS DR. TEMPLE CITY, CA 91780 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CaliLand Engineering, Inc. Civil Engineering, Land Surveying, Subdivision 1216 S Garfield Avenue, Suite 200 Alhambra, CA 91801 Tek (626)281-2288; Fas:(626)281-2088 Visit us at: www.CaliLand.net Kevin Yoon Lai, PLS 8886 Chris P. Alturas, RCE 28903 Kevin Yoon Lai, RCE 60565 Dec 19, 2012 Page 1 of 1 Peggy Kuo - City Clerk City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 Subject: Consultant Services Agreement Dear Ms Kuo, We are submitting herewith the followings for your use: 1) 2 signed copies of the referenced agreement. 2) General Liability & Professional Liability Insurance Certificates. Please send us a fully executed agreement. If you have any questions please do not hesitate to call. Thank you. Respectfully Submitted, win Y. Lai, PLS & PE Kevin@CaliLand.net