HomeMy Public PortalAboutAgreement_2013-07-16_Elie Farah, Inc_Safe Routes to School (SR2S)W- UMW&NKMMJA WA-MM-bMWM�- 11H
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a municipal corporation
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AGREEMENT FOIi CONSULTANT S1 RVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
ELIE FARAH, INC.
(Preparation ol'PS&E for SR2S Cycle 10 Project)
This Agreement for Consultant Services ("Agreement") is entered into as of this 16th day
of .Puffy, 2013 by and between the City of TEMPLE CITY, a municipal corporation ("City") and
Ehe Farah, Inc., a Corporation ("Consultant"). City and Consultant are sometimes hereinafter
individually referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
A. City has sought, by request for proposals, the performance of the design and
cnvinecring services defined and described particularly in Section 2 of this Agreement.
3. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Section 2 of this Agreement, was selected by the
Cit, 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'femple City's Municipal Code, City has authority to enter
into this Consultant Services Agreement and the City Manager has authority to execute this
Agreeinent.
�. 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
AVOW, 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:
SEC
TION I. 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 pursuvlt 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
Scction 21 of this Agreement The City, in its sole discretion, may choose not to enforce the
Default provisions of this Agreement and may instead allow Consultant to continue performing
the scope of services until such services are complete.
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aszo vi _ 1 _
SECTION 2I 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
Agrecment 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
hay! be 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
C011sultant 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 nineteen thousand six hundred sixty five dollars, ($19,665.00), unless additional
cojn lien sation 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 lunp 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
disputcd 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
tort) -five (45) days of receipt of Consultant's correct and undisputed invoice.
(d) Payment to Consultant for wort: performed pursuant to this Agreement shall not
be deemed to waive any defects in work performed by Consultant.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
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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 indemnitication 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
n 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
CO3!suliant. Upon completion, expiration or termination of this Agreement, Consultant shall turn
ever to City all such original maps, models, designs, drawings, photographs, studies, surveys,
eports, data, notes, computer tiles, 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, tiles 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
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intained 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
naintained 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
recc)rds shall be made available at Consultant's address indicated for receipt of notices in this
Ageetnent.
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(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
par.y. Access to such documents and records shall be granted to City, as well as to its
successors -in -interest and authorized representatives.
SECTION 8. S"i'ATUS 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
nianncr, 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
tiles, 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,
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drawings, photographs, studies, surveys, reports, data, notes, computer tiles, files or other
d oC.a m ents.
SGCTiON ld?. 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
perlorm 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
resah of any failure of Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
Bt is tltc 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
suh{ect 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
nterests of City or which would in any way hinder Consultant's performance of services under
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 offi
cer, employee, agent or
subcontractor without the express written consent of the City Manager. Consultant agrees to at all
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times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
Cite 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 ofthis section.
(c) City understands and acknowledges that Consultant will, perform non -related
servicee 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 IS, 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 infnnnation or
wort: product to persons or entities other than City without prior written authorization from the
City M .nager, 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
nterrogatories 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,
ncluding 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,
equest 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 riaht, 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
Cite to control, direct, or rewrite said response.
SEgCITION 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
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officials, employees and agents (indernmiled Parties") from and against any and all claims,
actions and proceedings (whether at taw or equity, administrative or judicial), demands, orders,
judgments, losses, liabilities, damages, costs and expenses, including attorney's fees and costs,
(collect€vely "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 arc 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 borne by each party in proportion to
is 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
secilon. Failure of City to monitor compliance with these requirements imposes no additional
obllgations 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 a 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 inswance policies set forth in Exhibit "C" "htsurance," which is incorporated
herein by this reference. All insurance policies shall be subject to approval by City as to form
aLid 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 I&, ASSIGNMENT,
The expertise and experience of Consultant arc 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
ecognition 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
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
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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,
f 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,
Corosultant shall cease immediately all work in progress.
(b)Consultant may terminate this Agreement for cause at any time upon thirty (30)
ms 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.
SECTION21, 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
nvoices. 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 ofthe Consultant's default shall not be deemed to result in awaiver
of the City's legal rights or any rights arising out of any provision of this Agreement.
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.
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Such causes include, but are not limited to, acts of God, acts of the public enemy, acts offederal,
state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes,
and unusually severe weather. "I'lie term and price of this Agreement shall be equitably adjusted
forany 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
eceipt requested, addressed as follows:
To City: City of Temple City
Attn: City Manager
9701 Las Tunas Dr.
Temple City, CA 91780
To Consultant Elie Farah, Inc.
1593 Liberty Drive
Corona, CA 92881
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. AUTHORIT
Y TO hXECIJTE.
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
Co�rosultant 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
Age cement on behalf of the City so long as such actions do not materially change the Agreement
or rnake a commitment of additional funds of the City. All other changes, modifications, and
amendments shall require the prior approval of the City Council.
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SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assiluns of the parties.
SECTION 28. MODIFICATION DE AGREEMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing
anti approved bytheConsultant 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
At,nrecment 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 wort: or services by Consultant shall not constitute a
waiver of any ofthe 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
emhodied 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.
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:
Peggy Kr
City Clerk
APPROVED AS TO FORM
By:
Eric
S
City Attorney
�v ny:
Its:
CITY OF TEMPLE CITY
Bv:
JoskSlAdo, City Manager
Its:
NOTE: CONSULTANT'S SIGNATl1RF.S 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.
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(:ALIF�RN3A Ad�,-l'U12POSP ACKNOWLEllGM�NT
S"ih['E OP CALIFORNIA
COUNTY OF K,t Vtti f 6C �
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On T4—lt , 2al9 betore me. _® ,personally appeared L -� ��+ \✓4 � proved to me on
the basis of satisl-actorp evidence to he the person vhosc name,4eX 'arc subscribed to the within instrument and
acknowledged to me that&/shc/thcy executed the same in s/her/their authorized capacity(. ), and that by
LOiicrAlwir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
eXecuted the instrument.
I certih� under PENALTY OP PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WI"?'NESS my hand and official sea]. AlE%TORREBLANCA
Commission # 2001611
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VVVVV Riverside County D
My Comm. Expires Dec 20, 2016
Si2namrc
OP'EIONAL
'I -hough the data below is not required by law, it may prove valuable to persons relying on the document and could
preccut fraudulent reattachment of this form
CAPACITY CLAIMED 61' SIGNER
DESCRIPTION
❑ 1NDIV1DUA7.
❑ CORPORATE, OP'FICF.R
TITL
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❑ PARTNER(S) ❑ LIMITED
❑ GENF.RAI.
❑ ATTORNEY-IN-FACT
❑ TRUSTF,E(S)
❑ GUARDIAN/CONSl:RVAfOR
❑ OTI Iliho,
SIG R'E[d IS REPRESENTING:
(NAMIi OP PIiRSON(S) OR L:NI'I'I'Y(II?S))
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CALIFORNIA ALL -U UMUOSE ACKNOWLEDGMENT
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On belore me. � personally appeared
❑ ;rersonully Imown to me - OR - ❑ provr,-d to me on the basis of satisfactory evidence to be the persons) whose
Mimes(s) is/are subscribed to the within instrument and
acknoNvledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signahure(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
Wl"INHSS my hind and official scat.
(SIGNA'I'URF: OP NO-I'AKY)
OPTIONAL
Though the data beloNNs not required by law, it may prove valuable to persons relying on the document and could
prey --Cut fraudulent reattachment ofthis form
CAPACITY CLAIMED 6Y S4GNEf2 ®ESCRIPTiON OP AT'CACHED DOCUMENT
❑ iNDIVIUUAL
❑ CORPORATE. OFFICF,R
I 1 I LL OR TYPE OF DOCUMENT
TFfLE(6)
❑ PAR'CNER(S) ❑ LIMITED
❑ GFNERAI, NUMBER OF PAGES
❑ ATTORNEY-IN-FAC"I'
❑ IRUS"I'EE(S)
GUARDIAN/CONSERVATOR _
❑ OTt-I1:R DATE OF DOCUMEN'C
SIGNER IS REP6LES ENT1 NG:
(NAMLS 01r PERSON(S) OR INTI"FY(IFS)) SIGNER(S) OTHER THAN NAMED ABOVE
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sera �a
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. 1'he scope of work for the project includes providing all necessary services to
prepare PS&E bid package for the project in compliance with the funding
documents included in Attachment l of the RFP.
t3. Provided all necessary services to
ensure the project
is completed
efficiently and
in full compliance with
applicable
requirements.
C. Review funding application and gain a clear understanding of the proposed
improvements included in the project.
J. Conduct necessary field reviews and surveys to create a base map of existing
conditions.
�. Prepare plans and details
Prepare specifications.
G. Prepare cost estimates.
N. Coordinate with SCE for any service feed points needed for the improvements.
Coordinate with utility companies to obtain existing utility information as
necessary.
Revise documents based on comments received from City and other regulatory
agenciesI
IL As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A. Final Product: PS&E Sid Package ready for bidding, including 1 wet signed plan
set, 2 hard copies, AutoCAD file of plans, MsWord file of specifications, Excel
file Estimates, pdf file of all other documents.
III. 1)nring
performance of the Services, Consultant will keep the City appraised of the
status of performance by delivering the following status reports:
A. Provide bi-weekly status updates of progress to City via e-mail.
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. Attend 3 project meetings.
IV. The tangible work products and status reports will be delivered to the City pursuant to
the following schedule:
A. Submit a project design schedule to City based on following milestones:
• First submittal of PS&E package to City for review shall be made within
30 working days of City's authorization to proceed with the project.
• City will take 2 weeks for the review.
• Final submittal of PS&E package ready for bidding to City shall be made
within 10 working days of receiving City's review comments.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Elie Farah, PF„ TE Civil Engineer/Traffic Engineer
E. Julie Mulrooney, PE Design Engineer
VI. AMENDMIINT
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.
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EXHIBIT "B"
COMPENSATION
h Consultant shall use the following rates of pay in the performance of the Services:
SR2S, Safe Routes To School Project at Nine separate schools Iocated at the intersections of
Longden and Oak; Camino Real and Oak; Temple City and Lemon; Muscatel and Emperor; Broadway
and Noel; La Rosa and Rio Hondo; Broadway and Cleverly; Daleview and Grand; and Longley and
Woodruff in the City of Temple City
FEE PROPOSAL
Task$:
FEE
ESTIMATED
RATE PER
TASK DESCRIPTION
HOURS OR
HOUR OR
LOCATIONS
LOCATIOIlL
TOTAL
1. Preliminary Project Design & Planning
Utilityand data research
10
$85.00
$850.00
NcAd Work/Topographic Survey
24
$85.00
$2040.00
__Site Layout/Site Study
32
$85.00
$2,720.00
_
Z`atal Preliminary Project Design &Planning
$5,610.00
IL Preliminary Design
In pavement lighting system
16
$85.00
$1,360.00
Sidewalks Improvements -
16
$85.00
$1,360.00
Striping & signing
16
$85.00
$1,360.00
_
Coat estimate
6
$85,00
$510.00
50% design review
4
$85.00
$340.00
Total Preliminary Design
$4,930,00
It. Final Design
In pavemem lighting system, sidewalk improvements, Signing & striping
32
$85.00
$21720,00
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SR2S, Safe .Routes To School Project at Nine separate schools located at the intersections of
Longden and Oak; Camino Real and Oak; Temple City and Lemon; Muscatel and Emperor; Broadway
and Noel; La Rosa and Rio Honda; Broadway and Cloverly; Daleview and Grand; and Longley and
Woodruff in the City of Temple City
FEEPROPOSAL
Tasks:
FEE
_
TASK DESCRIPTION
ESTIMATED
HOURS OR
LOCATIONS
RATE PER
HOUR OR
LOCATION
TOTAL
90% design review
18
$85.00
$1,360.00
100%design review
16
$85.00
$7.360.00
Final �es�n Approval _
12
$85-00
$1,020.00
Total Final Design__--
$6,460.00
IV. SPECS AND COST ESTIMATE
Final Specs & Cost estimate --_
15
$85.00
$1,275.00
TOTAL SPECS AND COST ESTIMATE
$11275,00
V. UTILITY COORDINATION
Underground Utlity coordination with the utilities companies for Gas,
Water, Sewer. Storm water, Telephone Cabte Fire
8
$80.00
$640.00
TOTAL UTILITY COORDINATION
$640.00
V,,. h einbursables such as printing, shipping, Fees paid to utility
companies, etc.,: ESTIMATE
$750.00
TOTAL PROFESSIONAL FEE FOR TASK I thru VI
$19,665.00
---__
--
OPTIONAL
-
V0- BID&AWARD
Assist,in answering questions from Bidders & Cit Staff
4
$85.00
$340.00
_ Assist in Preparing Bid Addenda _ _ _.
4
$65.00
$340.00
Review of bids & make recommendations on award of Contract
6
$85.00
$510.00
TCFTAL BID &AWARD Allowance!
$95190.00
V01.. CONSTRUCTION ADMINISTRATIVE PHASE
Aftend Pre Construction Conference
4
$85.00
$340.00
Res oP ndin9 to RFI's (allowance)
8
$85.00
$680.00
Submittal review (allowancej,_
12
$85.00
$1,020-00
Provide As-Built Drawings
6
$80.00
$480.00
otal Construction Administrative Phase (Allowance) ,.
$2,520.00
CLARIFICATIONS & EXCLUSIONS _
I.Our proposal does not include utility relocation design plans such as water lines, sewer lines, or storm drain lines
2. Any novelnmental agency fees, application fees, plan check fees, or any other fees that must be paid to anyother parties.
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SR2S, Safe Routes To School Project at Nine separate schools located at the intersections of
Longden and Oak; Camino Real and Oak; Temple City and Lemon; Muscatel and Emperor; Broadway
and Noel; La Rosa and Rio Hondo; Broadway and Cleverly; Daleview and Grand; and Longley and
Woodruff in the City of Temple City
FEE PROPOSAL
Tasks:
PEE
ESTIMATED
RATE PER
TASK 3ESCRWT1pN
HOURS OR
HOUR OR
_
LOCATIONS
LOCATION
TOTAL
3. Excludes Construction surveying including horizontal control plan, construction management and inspection (unless optional
items are approved and included In contract).
a. On site Hydraulics. retaining walls structural calculations, structural calculations
5. Easements, legal descriptions, LLA. etc...
_
5. Trani impact Analysis and Traffic Control Plans
7. Qbtalning signatures from at parties on plans, application forme,_ clearance documents or other documents
_
&. Major Changes to thelayout after the plans is 60% or more complete
9. The cost of any other professional services that may be required such as, but not limited to soils engineer, geologist, landscape
nrchltcct, architects, and electrical engineer otherthan what is indicated and /or title report.
II. 'I'he 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.
,�. Line items for all equipment properly charged to the Services.
. Line items for all materials properly charged to the Services.
x . Line items for all subcontractor labor, supplies, equipment, materials, and travel
properly charged to the Services.
III. The total compensation for the Services shall not exceed $19,665.00, as provided in
Section A of this Agrreement.
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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
fhis, 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 ANTI. 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 51,000,000 per occurrence.
3. 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.
I. 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.
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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.
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