HomeMy Public PortalAboutAgreement_ 2019-05-07 to 2020-05-07_David Volz Design Landscape Architects, Inc._Landscape Architect_18-039CDESIGN PROFESSIONAL SERVICES AGREEMENT
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS. INC.
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
DAVID VOLZ DESIGN
This Agreement for Design Professional Services ("Agreement") is entered into as of this
7th day of May . 20 19 by and between the City of Temple City, a municipal
corporation ("City") and David Volz Design Landscape Architects, Inc., a landscape architect
("Design Professional"). City and Design Professional 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 landscape
architectural services defined and described particularly in Section 2 of this
Agreement.
B. Design Professional, 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 City to perform those services.
C. Design Professional was selected by the City on the basis of Design Professional'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 Design Professional Services Agreement and the City Manager has authority
to execute this Agreement.
E. The Parties desire to formalize the selection of Design Professional for performance
of those services defined and described particularly in Section 2 of this Agreement
and desire that the terns 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 Term
of this Agreement is for 12 months commencing on the date first ascribed above.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Design Professional agrees to perform the services set forth in
Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of this
Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule
specified in Exhibit "A." Should the Services not be completed pursuant to that
schedule, the Consultant shall be deemed to be in Default of this Agreement. The
City, in its sole discretion, may choose not to enforce the Default provisions of this
Agreement and may instead allow Design Professional to continue performing the
Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional shall not be compensated for any work rendered in connection with its
performance of this Agreement that are in addition to or outside of the Services unless such
additional services are authorized in advance and in writing in accordance with Section 26
"Administration and Implementation or Section 28 "Amendment' of this Agreement. If and
when such additional work is authorized, such additional work shall be deemed to be part of the
Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Design
Professional the amounts specified in Exhibit `B" "Compensation and made a part
of this Agreement by this reference. The total compensation, including
reimbursement for actual expenses, shall not exceed one -hundred and thirty-nine
thousand, two -hundred and seventy-nine dollars ($139,279), unless additional
compensation is approved in writing in accordance with Section 26 "Administration
and Implementation" or Section 28 "Amendment' of this Agreement.
(b) Each month Design Professional 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 subcontractor 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 Design Professional 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 Design Professional for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Design
Professional which are disputed by City, City will use its best efforts to cause Design
Professional to be paid within forty-five (45) days of receipt of Design Professional's
correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this Agreement shall
not be deemed to waive any defects in work performed by Design Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional's work under this Agreement,
either during performance or when completed. City shall reject or finally accept Design
Professional's work within sixty (60) days after submitted to City. City shall reject work by a
timely written explanation, otherwise Design Professional'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 Design
Professional's work by City shall not constitute a waiver of any of the provisions of this
Agreement including, but not limited to, Section 16 "Indemnification" and Section 17
"Insurance."
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 Design
Professional in the course of providing the 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 Design Professional. Upon completion, expiration or termination of this
Agreement, Design Professional 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 Design Professional in the coarse
of providing the Services pursuant to this Agreement, Design Professional's guarantees and
warranties in Section 9 "Standard of Performance" 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. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records demonstrating
or relating to Design Professional's performance of the Services. Design Professional
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 Design Professional
pursuant to this Agreement. Any and all such documents or records shall be
maintained for three (3) 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 records shall be made available at Design
Professional'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 Design Professional's business, City may, by written request, require
that custody of such documents or records be given to the City. Access to such
documents and records shall be granted to City, as well as to its successors in interest
and authorized representatives.
SECTION S. INDEPENDENT CONTRACTOR.
(a) Design Professional is and shall at all times remain a wholly independent contractor
and not an officer, employee or agent of City. Design Professional 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 Design
Professional shall at all times be under Design Professional'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 Design
Professional or any of Design Professional's officers, employees, or agents except as
set forth in this Agreement. Design Professional shall not at any time or in any
manner represent that Design Professional or any of Design Professional's officers,
employees, or agents are in any manner officials, officers, employees or agents of
City.
(c) Neither Design Professional, nor any of Design Professional'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. Design Professional expressly waives
any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Design Professional 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. Design Professional shall at all times faithfully,
competently and to the best of its ability, experience and talent, perform all Services. In meeting
its obligations under this Agreement, Design Professional shall employ, at a minimum, generally
accepted standards and practices utilized by persons engaged in providing services similar to the
Services required of Design Professional under this Agreement, and shall use such skill,
prudence, and diligence as other members of Design Professional's profession commonly
possess and exercise. In addition to the general standards of performance set forth this section,
additional specific standards of performance and performance criteria may be set forth in Exhibit
"A" "Scope of Work" that shall also be applicable to Design Professionals work under this
Agreement. 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.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Design Professional 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. Design Professional 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 Design Professional to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional 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.
Design Professional 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.
Design Professional 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 seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as defined therein. Should Design
Professional so employ such unauthorized aliens for the performance of the Services, and should
the any liability or sanctions be imposed against City for such use of unauthorized aliens, Design
Professional 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) Design Professional 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 Design
Professional's performance of the Services. Design Professional 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. Design Professional 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 Design Professional 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. Design
Professional 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 Design Professional will, perform non -
related services for other governmental agencies and private Parties following the
completion of the Services 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 Design Professional in
performance of this Agreement shall be considered confidential, unless such
information is in the public domain or already known to Design Professional. Design
Professional 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) Design Professional, 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 Design Professional gives City notice of such court
order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design
Professional, provides any information or work product in violation of this
Agreement, then City shall have the right to reimbursement and indemnity from
Design Professional for any damages, costs and fees, including attorneys fees, caused
by or incurred as a result of Design Professional's conduct.
(d) Design Professional shall promptly notify City should Design Professional , 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 Design Professional or be present at any
deposition, hearing or similar proceeding. Design Professional agrees to cooperate
fully with City and to provide City with the opportunity to review any response to
discovery requests provided by Design Professional. However, this right to review
any such response does not imply or mean the right by City to control, direct, or
rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code Section
2782.8, Design Professional 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 Design Professional, its officers, agents, employees or
subcontractors (or any entity or individual that Design Professional 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 Design Professionals, and Design Professional, 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. Design Professional 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 Design Professional in the performance of this
Agreement naming the Indemnified Parties as additional indemnitees. In the event
Design Professional fails to obtain such indemnity obligations from others as required
here, Design Professional 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 Design Professional and shall survive the
termination of this Agreement or this section.
(c) City's Negligence. The provisions of this section 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.
Design Professional 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" and made a part of this
Agreement. 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. Design Professional agrees to provide City with copies of required policies upon
request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Design Professional are material considerations for this
Agreement. City has an interest in the qualifications and capability of the persons and entities
who will fulfill the duties and obligations imposed upon Design Professional under this
Agreement. In recognition of that interest, Design Professional shall not assign or transfer this
Agreement or any portion of this Agreement or the performance of any of Design Professional's
duties or obligations under this Agreement without the prior written consent of the City. 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 termination
of this Agreement pursuant to Section 20 "Termination of Agreement." City acknowledges,
however, that Design Professional, in the performance of its duties pursuant to this Agreement,
may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability and continuity
of Design Professional's staff and subcontractors, if any, assigned to perform the Services.
Design Professional shall notify City of any changes in Design Professional's staff and
subcontractors, if any, assigned to perform the Services 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 Design Professional. In the event
such notice is given, Design Professional shall cease immediately all work in
progress.
(b) Design Professional may terminate this Agreement for cause at any time upon thirty
(30) days written notice of termination to City.
(c) If either Design Professional or City fail to perform any material obligation under this
Agreement, then, in addition to any other remedies, either Design Professional, or
City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Design Professional or City, all
property belonging exclusively to City which is in Design Professional's possession
shall be returned to City. Design Professional shall furnish to City a final invoice for
work performed and expenses incurred by Design Professional, prepared as set forth
in Section 4 "Compensation and Method of Payment" of this Agreement. This final
invoice shall be reviewed and paid in the same manner as set forth in Section 4
"Compensation and Method of Payment" of this Agreement.
SECTION 21. DEFAULT.
In the event that Design Professional is in default under the terms of this Agreement, the City
shall not have any obligation or duty to continue compensating Design Professional for any work
performed after the date of default. Instead, the City may give notice to Design Professional of
the default and the reasons for the default. The notice shall include the timeframe in which
Design Professional 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
Design Professional 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
Design Professional does not cure the default, the City may take necessary steps to terminate
this Agreement under Section 20 "Termination of Agreement." Any failure on the part of the
City to give notice of the Design Professional'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.
SECTION 22. EXCUSABLE DELAYS.
Design Professional 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 Design
Professional. 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 term 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 Services shall be furnished to Design
Professional in every reasonable way to facilitate, without undue delay, the Services to be
performed under this Agreement.
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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 Design Professional: David Volz Design
Attn: David Volz
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
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 Design Professional represents and
warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design
Professional 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. The City Manager shall have the authority to issue interpretations and to make
amendments to this Agreement, including amendments that commit additional funds, consistent
with Section 28 "Amendment" and the City Manager's contracting authority under the Temple
City Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and
approved by the Design Professional and by the City. The City Manager shall have the authority
to approve any amendment to this Agreement if the total compensation under this Agreement,
as amended, would not exceed the City Manager's contracting authority under the Temple City
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Municipal Code. All other amendments shall be approved by the City Council. The Parties agree
that the 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 Design Professional 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 Design Professional 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.
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).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any
Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement,
the terms of this Agreement shall control.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and
year first -above written.
ATTEST:
pjouxl�_
Peggy Kuo
City Clerk
APPROVED AS TO FORM
W&C
Eric S. a'
City Attomey
By:—
Its:
B .
Its:
CITY TEMPI, t
Bryan Cook
City Manager
SEE ATTACHED
CALIFORNIA
ACKNOWLEDGEMENT
NOTE: DESIGN PROFESSIONAL'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 DESIGN PROFESSIONAL'S
BUSINESS ENTITY.
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the idenfity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On April 25, 2019 before me, Linda Marie Ramage, Notary Public
(insert name and title of the officer)
personally appeared David J. Volz
who proved to me on the basis of satisfactory evidence to be the person(d) whose name(ey is/are-
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacitypes), and that by his/herttheir signature(A4on the instrument the
person(a), or the entity upon behalf of which the persona) 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.
LINDA MARIE RAMAGE
Notary Pubk - CaMo,r,a
OraNe Count'
Comm'ssw It 22217+:
My Comm Expres Nov 12.2021
(Seal)
EXHIBIT "A"
SCOPE OF SERVICES
I. Design Professional will perform the following Services:
Project Initiation
1. Meet with city staff on project intent and planning process.
Review and analyze existing site conditions (site survey).
Review and evaluate options for site elements.
Conceptual Designs
1. Creation of a conceptual design for the park, and the recreational amenities planned
for the site including the location and configuration of all site elements. Designs to
be based on community input from residents and stakeholders as well as City staff.
2. Preparation of construction and maintenance cost estimates for the conceptual
design.
3. Preparation of preliminary conceptual design alternatives as well as construction
and maintenance cost estimates.
4. Preparation of dimensioned site plan, elevations and colored renderings to be used
for final approval and as a basis for preparation of construction documents.
5. Deliverables: Final conceptual design and construction and maintenance cost
estimates.
Construction Documents
1. Creation of construction plans and specifications based on approved conceptual
plan.
• Design all improvements fully accessible per American with Disabilities
(A.D.A.) guidelines.
• Prepare grading plans per the City of Temple City Public Works
Department requirements, including rough and precise grading plans for the
park, off-site improvements (if necessary), utilities, erosion control, and
drainage. The Civil Engineer shall prepare a detailed grading plan showing
all proposed grades including all on-site improvements for drainage, water,
flat work, and other structures or improvements. Consultant shall prepare
an erosion control plan utilizing best management practices, and prepare a
Storm Water Pollution Prevention Plan with a WDID number. The Civil
Engineer shall also provide survey and geotechnical engineering services.
• Prepare detailed plans and specifications for irrigation improvements.
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d e t e r m i n e d b y s t a f f .
" C o n s u l t a n t s h a l l w o r k w i t h s o i l s e n g i n e e r a n d C i t y s t a f f t o s p e c i f y s o i l s
a m e n d m e n t s a n d o t h e r a p p l i c a b l e r e c o m m e n d a t i o n s .
" C o n s u l t a n t s h a l l s u b m i t t h e p a r k d e v e l o p m e n t p l a n s t o t h e C i t y o f T e m p l e
C i t y f o r r o u t i n g a n d a p p r o v a l . C o n s u l t a n t s h a l l e x p e d i e n t l y i n c o r p o r a t e a n y
c h a n g e s r e q u i r e d b y t h e p l a n c h e c k p r o c e s s a n d r e s u b m i t . S c h e d u l e
a p p r o x i m a t e l y 2 - 3 w e e k s t o c o m p l e t e r e v i e w / a p p r o v a l p r o c e s s f o r e a c h
s u b m i t t a l .
" C o n s u l t a n t s h a l l p r e p a r e a c o m p r e h e n s i v e b i d s c h e d u l e w i t h q u a n t i t i e s f o r
t h e f o r m a l b i d p r o c e s s . T h e s e b i d d o c u m e n t s s h a l l i n c o r p o r a t e t h e C i t y o f
T e m p l e C i t y ' s S t a n d a r d S p e c i f i c a t i o n s a n d C o n d i t i o n s . A c o p y o f t h e e n t i r e
s p e c i f i c a t i o n p a c k a g e o n a t h u m b d r i v e ( s ) s h a l l b e d e l i v e r e d t o t h e C i t y w i t h
t h e c o m p l e t e d b i d s e t . C i t y w i l l p r o v i d e b o i l e r p l a t e i n f o r m a t i o n .
" D e v e l o p a f i n a l a n d d e t a i l e d c o s t e s t i m a t e f o r b o t h c o n s t r u c t i o n a n d
m a i n t e n a n c e f o r t h e p a r k .
2 . D e l i v e r a b l e s : 1 ) C o n s t r u c t i o n p l a n s a n d s p e c i f i c a t i o n s b a s e d o n a p p r o v e d
c o n c e p t u a l d e s i g n ; 2 ) c o n s t r u c t i o n a n d m a i n t e n a n c e c o s t e s t i m a t e s f o r p a r k ; a n d 3 )
b i d s c h e d u l e f o r b i d d i n g p u r p o s e s .
B i d d i n g A s s i s t a n c e / C o n s t r u c t i o n A d m i n i s t r a t i o n
1 . C o n s u l t a n t s h a l l p r o v i d e a s s i s t a n c e t o t h e C i t y d u r i n g t h e b i d d i n g p r o c e s s b y
a n s w e r i n g R e q u e s t s f o r I n f o r m a t i o n / C l a r i f i c a t i o n . A l s o , p r o v i d e a s s i s t a n c e i n
r e v i e w i n g t h e b i d s a f t e r t h e y ' r e o p e n e d .
2 . C o n s u l t a n t s h a l l p r o v i d e a s s i s t a n c e w i t h c o n s t r u c t i o n a d m i n i s t r a t i o n ( a t t e n d w e e k l y
p r o g r e s s m e e t i n g s a s w e l l a s c o n d u c t i n s p e c t i o n s a n d s i t e o b s e r v a t i o n f o r t h e
d u r a t i o n o f d u r i n g c o n s t r u c t i o n ( a p p r o x i m a t e l y f o u r h o u r s p e r w e e k ) . I t i s i n t e n d e d
t h a t t h e c o n s u l t a n t s h a l l a d d r e s s a l l c o n s t r u c t i o n i s s u e s w i t h i n t h i s s a m e t i m e p e r i o d
a s r e q u i r e d . A l l m i n u t e s o f t h e s e m e e t i n g s s h a l l b e f o r w a r d e d t o t h e C i t y ' s p r o j e c t
m a n a g e r f o r r e v i e w a n d a p p r o v a l . P h o n e c a l l s a n d c a s u a l p r o j e c t c o m m u n i c a t i o n
s h a l l n o t c o n s t i t u t e a m e e t i n g .
3 . C o n s u l t a n t s h a l l p e r i o d i c a l l y r e v i e w t h e a s - b u i l t d r a w i n g s i n t h e f i e l d a n d a t p r o j e c t
c o m p l e t i o n f o r a c c u r a c y a n d a s s i s t i n t h e r e p r o d u c t i o n o f t h e a s - b u i l t i n f o r m a t i o n
o n r e p r o d u c i b l e M y l a r .
O t h e r
1 . C o n s u l t a n t s h a l l p r o v i d e a n a c t i v i t y s c h e d u l e s h o w i n g p r o j e c t m i l e s t o n e s a n d
c o m p l e t i o n t i m e c o n f o r m i n g t o t h e p r o j e c t s c h e d u l e . C o s t p r o p o s a l s h a l l s h o w p a y m e n t
c o m p a t i b l e w i t h t h e w o r k s c h e d u l e .
1 6
2. Attend at a minimum the following meetings: Two (2) community meetings to receive
public input regarding a conceptual design for the park; one (1) Parks & Recreation
Commission meeting for approval of conceptual design; one (1) Planning Commission
meeting for CUP for parking lot; and one (l) City Council meeting for approval of
conceptual design.
D. City's Expectations of Consultant
1. Consultant will keep an open dialogue with staff and work closely with the Project
Team to ensure the parks reflect the vision and priorities of the City of Temple City.
2. Consultant will be responsible for the projection of all graphics, maps, hand-outs,
and other materials necessary for successful meetings, workshops, presentations,
study sessions, etc.
11. As part of the Services, Design Professional will prepare and deliver the following
tangible work products to the City:
Deliverables: 1) Construction plans and specifications based on approved conceptual design; 2)
construction and maintenance cost estimates for park; and 3) bid schedule for bidding purposes.
17
EXHIBIT "B"
COMPENSATION
I. Design Professional shall use the following rates of pay in the performance of the
Services:
FEESCHEDULE
PHASE I - CONCEPT PIAN DEVELOPMENT
Task 1- Project Irkliation & City Staff workshop
Task 2 - Preliminary Concept Plan (2 anticipated)
Task 3 - Draft Concept Plans & Community Preservation
Task 4 - Master Plan
Task 5- Prelumnary Engineering
Task 6 - Convo sston and Council Review
Civil Engineering ScrAccs
PHASE 11- CONSTRUCTION DOCUMENT PREPARATION
Task I - Construction Document Preparation
Task 2 - Final Construction Documents
Civil Engineenng Services
Electrical Engineering Services
PHASE III . BIDDING & CONSTRUCTION SUPPORT
Task 1 - Bddng Assistance
Task 2 -Construction Period Services
Reimbursable expenses, prinang. Copying, postage, INC.
18
PR
4220
CI51A
$193
PP
$135
I CT
$121
I AD
$110
Total
HIS
DVD Fee
4
8
4
12
4
32
$ 4.856
2
40
8
32
1
82
$ 13.112
6
12
8
8
2
36
$ 5,904
1
8
2
8
1
19
$ 3,002
1
2
1
2
1
7
$ 1,093
4
4
2
I
li
S 2,004
18
74
23
84
H
187
S 29,973
Estimate S 1.500
s 15.134
S 45,105
16
40
64
80
1
11011$
29.670
2 1
16
1 12
1 40 1
70
S 9.988
18 1
66
1 76
1 1201
1
127113
39,658
S 23.978
S 13.110
S 76,746
4
4
1 B
8 1
2
26
$ 3.920
4
16
1
40
1 20
2
82
1 1
$ 12,008
8 1
20
1 48
1 26 1
4
11081
S 15,928
Estimate S 1.500
HOURLY RATE SCHEDULE
Effective Date 2019
PEI?A HI IR SARI L ti
David Volz Design hourly rates
are inclusive of direct costs such
as vehicle usage and mileage,
equipment usage (including
computers). Printing, copying, and
sub -consultant expenses will be
billed at cost plus fifteen percent.
Printing prepared In-house will be
provided at market rates plus mark-
up.
The mileage rate shall be the IRS
rate as established each year and
published by the IRS. No markup
shall be provided for mileage.
PRINCIPALS
$220/hour
PROJECT MANAGERS
$193/hour
LICENSED PROFESSIONALS
$155 / hour
PROJECT MANAGERS
$135/hour
PROJECT DESIGNERS/
$121/ hour
CADD TECHNICANS
ADMINISTRATORS
$110/hour
REIMBURSABLES -IN HOUSE PRINTING
nvn
Oesigni�g NrMscapes Uiel cruale canlnuldly..
19
-■■■■■■■■■■N
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Oesigni�g NrMscapes Uiel cruale canlnuldly..
19
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Design Professional shall provide and maintain insurance,
acceptable to the City, 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 Services by Design Professional, 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. Design Professional shall provide
the following scope and limits of insurance:
1. Minimum Scope of Insurance. Design Professional shall maintain professional
liability insurance appropriate to the Design Professional'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 three (3) consecutive years following the completion of Design Professional's services or the
termination of this Agreement. During this additional three (3) year period, Design Professional shall
annually and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Design Professional 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. Design Professional agrees to deposit with City, at or before the
effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance
provisions of this contract have been complied with. The City Attorney may require that Design
Professional fumish City with copies of original endorsements effecting coverage required by this Exhibit
"C". 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. Design Professional shall furnish certificates and endorsements from each
subcontractor identical to those Design Professional 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 Design Professional shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be
construed to limit Design Professional's liability hereunder nor to fulfill the indemnification provisions and
requirements of this Agreement.
20
CERTIFICATE OF ORGANIZATION
OF THE INCORPORATOR OF
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC.
The undersigned Incorporator, named in the Articles of Incorporation, for the purpose of
recording actions taken to organize the Corporation, hereby certify that:
The original Articles of Incorporation were filed in the office of the Secretary of State of the
State of California. A certified copy of the'Articles of Incorporation with the filing date and
corporation number thereon has been inserted in the Corporation minute book.
Bylaws regulating the conduct of business and the affairs of the Corporation were adopted
as the Bylaws of the Corporation and the Secretary of the Corporation is authorized to execute a
certificate of adoption of the Bylaws, to insert a certified copy of the Bylaws in the Corporate minute
book, and to keep a certified copy of the Bylaws at the principal executive office of the Corporation.
The persons whose names appear below and who accepted the appointments by signing their
names below were appointed directors of the Corporation.
The Incorporator of DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. upon
election of the directors, resigned.
Dated: January 4, 1999 --
DAVID OLZ,
Incorporator
Director Date Acceptance of Appointment
David Volz JanuaryL!�/lj 1999 N� '
CERTIFICATE BY SECRETARY
I DO HEREBY CERTIFY AS FOLLOWS:
That I am the duly elected, qualified and acting Secretary of the above-named corporation,
that the foregoing Bylaws were adopted as the Bylaws of said corporation on the date set forth above
by the person(s) named in the Articles of Incorporation as the Incoiporator(s) of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this
day o 1999.
OLZ,
Secreta
-17-