HomeMy Public PortalAbout06) 7D Primrose Park and Parking LotMANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: March 19, 2019
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Brian Haworth, Assistant to the City Manager
SUBJECT: BUDGETARY ACTIONS: PRIMROSE PARK & PARKING LOT
RECOMMENDATION:
The City Council is requested to:
AGENDA
ITEM 7.0.
1. Amend the City's 2018-2023 Capital Improvement Plan to add CIP-42 (Primrose
Park & Parking Lot), which funds pre-development and construction activities for a
new park and public parking lot on the 5900 block of Primrose Avenue.
2. Authorize an allocation of $43,800 in unspent funds from CIP-12 (Primrose
Properties Demolition) to CIP-42 (Primrose Park & Parking Lot) for pre-development
activities.
3. Designate $56,200 from the General Fund Reserve (undesignated fund balance) to
CIP-42 (Primrose Park & Parking Lot), thereby availing a total of $100,000 for pre-
development services, which includes facility design and construction documents.
BACKGROUND:
1. On June 19, 2018, Council adopted the City's first-ever Capital Improvement Plan.
As a best practice, the document schedules out a five-year expenditure and
funding program for current and future capital projects.
2. On Feb. 5, 2019, Council accepted project completion of demolition activities at
two City-owned properties located on the 5900 block of Primrose Avenue.
Identified as CIP-12 (Primrose Properties Demolition), final costs totaled $131,200,
which is roughly $44,000 under the project's budgeted estimate.
3. On March 1, 2019, staff solicited proposals for the preparation of design plans and
construction documents for a new park and public parking lot on the 5900 block of
City Council
March 19, 2019
Page 2 of 3
Primrose Avenue (Attachment "A"). Proposals are due April1, 2019.
4. On March 5, 2019, Council directed staff to pursue a competitive grant under
Proposition 68, a statewide bond measure that provides funding for new parks and
park improvements. The City's grant application will seek funding for CIP-42
(Primrose Park & Parking Lot), and request monies for pre-development and
construction costs.
ANALYSIS:
The above recommendations meet a requirement of implementing the Capital
Improvement Plan. Since the policy document guides Council's decision-making
process related to capital improvement planning and spending, any revisions to the Plan
must receive formal Council approval.
Staff's request to allocate roughly $43,800 in unspent funds from CIP-12 (Primrose
Properties Demolition) to CIP-42 (Primrose Park & Parking Lot) provides a new program
for the facilities' pre-development and construction activities (Attachment "8"). This
proposed action is timely as a solicitation is open for said services; funding should be in
place prior to an award of contract.
The cost to complete pre-development activities for both facilities-including design and
construction documents-is conservatively estimated at $100,000. Staff's request for
$56,200 from the General Fund Reserve to CIP-42 (Primrose Park & Parking Lot)
provides the remaining funding.
An award of contract is scheduled for Council review on June 4, 2019. If approved, all
pre-development services of CIP-42 (Primrose Park & Parking Lot) will be programmed
and funded for fiscal year 2019-2020 (Attachment "8").
CITY STRATEGIC GOAL:
Actions contained in this memorandum align the strategic goals of good governance
and sustainable infrastructure.
FISCAL IMPACT:
The requested appropriation of $56,200 from the General Fund Reserve presents a
fiscal impact. If costs for pre-development activities are less than the budgeted amount
of $100,000, all remaining monies will be returned to the General Fund Reserve.
Please note that should the City's Proposition 68 grant application be successful, all
pre-development costs would be reimbursed with monies disbursed back to the General
City Council
March 19, 2019
Page 3 of 3
Fund Reserve no later than February 2020. Additionally, construction costs would be
funded under the grant, which will subsequently require formal Council appropriation
and an amendment to CIP-42 (Primrose Park & Parking Lot). This action would most
likely occur during the fiscal year 2020-2021 City Budget adoption process.
ATTACHMENTS:
A. Request for Proposals: Pre-Development Activities
B. CIP-42: Proposed Project Narrative
TEMPLE
CITY
CITY OF TEMPLE CITY
REQUEST FOR PROPOSALS
For:
PROFESSIONAL DESIGN SERVICES FOR PRIMOSE PARK
Proposal Release Date
March 1, 2019
Proposal Submittal Due Date
April 1, 2019 at 5:00 p.m.
Prepared by:
City of Temple City Parks & Recreation Department
1 0144 Bogue Street
Temple City, CA 91780
Attn: Steve Lawson, Parks & Recreation Manager
(626) 285-2171, extension 4530
SECTION I
INVITATION
The City of Temple City Parks & Recreation Department (City) invites proposals from qualified
consultants for:
Professional Design Services for Two Future Parks
Please read this entire RFP package, and include all requested information and forms in your
proposal. Proposals must be signed by an authorized agent of the company submitting a proposal
in order to be considered responsive.
Tentative RFP Schedule
(Subject to change at City's discretion)
I. Issue RFP March I, 2019
2.
3.
4.
5.
6.
7.
Written Questions from Consultants due
Responses from City Due
March 13, 2019@ 5:00p.m.
March 19,2019
Proposals Due (date & time)
Review of RFPs
Consultant Interviews & Selection
Council Approval
April!, 2019@ 5:00p.m.
Apri12-12, 2019
April22-May 3, 2019
June 4, 2019
Table of Contents
Section I
Section II
Section Ill
Section IV
Section V
Section VI
Section VII
Section VIII
Invitation, Tentative Schedule, Table of Contents
RFP lnstmctions
Evaluation and Award
Scope of Work
Proposal Content and Forms
Price Form
Sample Professional Services Agreement
Appendices
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SECTION II
RFP INSTRUCTIONS
A. Examination of Pl'oposal Documents
I . By s ubm ittin g a pro posal, cons ulta nts re present that th ey have tho ro ug hl y
examine d a nd be co me famili a r with th e work required und er thi s R FP and that they
a re capa bl e of perfor ming qua li ty work to achi ev e th e C ity's o bjectives .
2. T he C ity reserves the r ig ht to re mo ve fro m it s m ai ling li st fo r future RFP s, fo r a n
unde t e rmined pe ri od of tim e, th e nam e of any consultant for fa ilure to acc ept a
co ntrac t, fa ilure to respo nd to thre e (3) con secuti ve RFPs a nd/or un satisf actory
pe rfo rma nce. Please no t e th at s ubmittin g a "No Offe r" le tte r is con si d e re d a
resp onse.
B. Addenda
Substa n ti v e C it y c h a n.ges to the re quire m e nts will be made by writte n addendum t o thi s
RFP a nd poste d o n th e C ity's webs ite (http ://www .ci.t e mp le-city .c a .us/bid s.a s p x) by
Ma rc h 19 , 2 01 9. Any w r itte n a dd e nd a iss ue d pe t1ai n ing t o this RFP sha ll b e incorpora ted
into th e te rm s a nd conditi o ns of a ny res ultin g Agreement. T he City s ha ll n ot be bound to
a ny mod ifi c at io ns to o r d ev iations f ro m the require m e nts se t fo rth in thi s R FP as the res ul t
of o ra l in structi o n .
C. Clarifications
1. E xamination of Documents
Sho uld a cons ultant re quire c la rificati o ns to thi s RF P, th e cons ulta nt s h a ll noti fy
the C ity in w riting in accord a nce w ith Secti o n 0 .2 be low. Sh ould it be fo und that
th e po int in questio n is not clearl y an d f ull y set f orth in the RFP, the C ity m ay p ost
a writte n addendum c la ri fy in g the matte r .
2. S ubmittin g Requests
a. All co ns ulta nt questi ons, c la rifi cati ons o r comments sha ll be submitte d vi a
e-mail only to St eve Lawso n, Parks & Recreati o n Ma nager as
s lawson@ temp lecity.us a nd must be rece ived by th e C ity no la t e r than
Ma rc h 13,201 9 at 5:00p.m .
b. A ll correspond e nce sha ll be clearl y ma r ked in th e S u bject heading w ith
"P rofess io na l Des ig n Services for Primrose P ark RFP Q uest ions". T he C ity
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is not responsible for failure to respond to a request that has not been label.ed
as such.
d. Inquiri es received after 5:00p.m. on March 13, 2019 will not be accepted.
3. City Responses
Responses from the C ity will be commun icated via e-mail directly to those
consu lt ants who e-mailed questions and a lso posted on the City's website
(htt p://www.c i.templ e-c itv.ca.u s/b ids.aspx ) by addendum no later than March 19,
2019.
D. Submission of Proposals
1. Date and Time
All proposals are to be submitted to the City of Temple City Parks & Recreation
Depattment no later than April 1, 2019 @ 5:00 p.m . Proposals received after that
date and time will be rejected by the City as non-responsive and returned unopened.
2. Address
Proposals sha ll be addressed as follows:
City of Temple City Parks & Recreation Department
Live Oak Pari< Annex Building
Attn: Steve Lawson, Pat·ks & Rect·eation Manage•·
10144 Bogue Street
Temple City, CA 91780
Proposals may be delivered in person to the Parks & Recreation Department, at the
address above .
Proposals sltallnot be sent via e-mail or fax.
3. Identification of Proposals
Consu ltant shall submit a proposa l package consisting of:
a) one (1) signed original and [five (5)] copies of its proposa l, and
b) a completed and signed Price Fo rm in a separate sealed envelope,
marked "Price Form".
T he proposal package s ha ll be addressed as s hown above, bearing the consultant's
name and address and clearly marked as follows:
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"Professional Design Services for Primrose Park"
4. Acceptance of Proposals
a. The City reserves the right to accept or reject any and all proposals, or any
item or part thereof, or to waive any informalities or irregularities in
proposals.
b. The City reserves the right to withdraw this RFP at any time without prior
notice and the City makes no representations that any contract will be
awarded to any consultant responding to this RFP.
c. The City reserves the right to postpone proposal opening for its own
convenience.
E. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the consultant in:
I. preparing its proposal in response to this RFP;
2. submitting the proposal to City;
3. negotiating with City any matter related to the proposal; or
4. any other expenses incurred by the consultant prior to date of award, if any, of the
Agreement.
The City shall not, in any event, be liable for any pre-contractual expenses incurred by
consultant in the preparation of its proposal. Consultant shall not include any such expenses
as part of its proposal.
F. Contract Award
Issuance of this RFP and receipt of proposals does not commit the City to award an
Agreement. The City reserves the right to postpone proposal opening for its own
convenience, to accept or reject any or all proposals received in response to this RFP, to
negotiate with other than the selected consultant(s) should negotiations with the selected
consultant(s) be terminated, to negotiate with more than one consultant simultaneously, or
to cancel all or part of this RFP.
G. Acceptance of Order
The successful consultant(s) will be required to accept a Purchase Order and execute a
written Agreement (see Section VII, Form of Agreement) in accordance with and including
as a part thereof the published notice of Request for Proposals and this Request for
Proposals, including all requirements, conditions and specifications contained herein, with
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no exceptions other than those specifically listed in the written purchase order and/or
Agreement.
H. City of Temple City Business License
The successful consultant(s) is required to obtain a City of Temple City Business License
prior to award of Contract and to maintain the license for the entire term of the Agreement.
The Business License is not a prerequisite for submission of a proposal.
I. Public Records
Responses (proposals) to this Request for Proposal (RFP) and the documents constituting
any contract entered into thereafter become the exclusive property of the City of Temple
City and shall be subject to the California Public Records Act (Government Code Section
6250 et seq.). The City of Temple City's use and disclosure of its records are governed by
this Act.
Those elements in each proposal which proposer considers to be trade secrets, as that term
is defined in Civil Code Section 3426.I(d), or otherwise exempt by law from disclosure,
should be prominently marked as "TRADE SECRET", "CONFIDENTIAL", or
"PROPRIETARY" by proposer. The City of Temple City will use its best efforts to inform
proposer of any request for disclosure of any such document. The City of Temple City,
shall not in any way, be liable or responsible for the disclosure of any such records
including, without limitation; those so marked if disclosure is deemed to be required by
law or by an order of the Co mi.
In the event of litigation concerning disclosure of information the proposer considers
exempt from disclosure, the City of Temple City will act as a stakeholder only, holding the
information until otherwise ordered by a com1 or other legal process. If the City of Temple
City is required to defend an action arising out of a Public Records Act request for any of
the contents of a proposer's proposal marked "Confidential", "Proprietary", or "Trade
Secret", proposer shall defend and indemnify the City of Temple City from all liability,
damages, costs, and expense, including attorneys' fees, in any action or proceeding arising
under the Public Records Act.
To ensure confidentiality, proposers are instructed to enclose all "Confidential,"
"Proprietary," or "Trade Secret" data in separate sealed envelopes, which are then included
with the proposal documents. Because the proposal documents are available for review by
any person after award of a contract resulting from an RFP, the City of Temple City shall
not in any way be held responsible for disclosure of any "Confidential," Proprietary," or
"Trade Secret" documents that are not contained in envelopes and prominently marked.
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SECTION III
EVALUATION AND AWARD
The City is soliciting firms and/or individuals who have established knowledge and expettise in
all aspects of the services requested in this RFP. Minimum requirements are as follows:
I. Have a minimum of three (3) similar projects within the last three (3) years providing
the same or similar services requested in this RFP.
2. Have sufficient staff and/or sub-consultants available with experience in the disciplines
required for this service.
3. Provide reference(s) of agencies you have contracted with, providing the same or
similar services.
4. Have no outstanding or pending complaints as determined through the Better Business
Bureau, State of California Department of Consumer Affairs.
5. Have the administmtive and fiscal capability to provide and manage the proposed
services.
A. EVALUATION CRITERIA
1. Qualifications of Firm -30% Strength and stability of the firm; strength,
stability, experience and technical competence of sub-consultants; logic of
project organization; adequacy of labor commitment.
2. Qualifications of Personnel -20%
Qualifications, education and experience of project staff; key personnel's level
of involvement in performing related work.
3. Related Experience -30%
Experience in providing services similar to those requested herein; experience
working with public agencies; assessment by client references.
4. Completeness of Response -10%
Completeness of response in accordance with RFP instructions; exceptions to
or deviations from the RFP requirements; inclusion of required licenses and
cettifications.
5. Reasonableness of Cost and Price -10%
Reasonableness of the individual firm-fixed prices and/or hourly rates, and
competitiveness of quoted firm-fixed prices with other proposals received;
adequacy of the data in suppmt of figures quoted; basis on which prices are
quoted.
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B. EVALUATION PROCEDURE
All proposals received as specified will be evaluated by City staff in accordance
with the above criteria. During the evaluation period, the City may do any or all of
the following: generate a "short list" and conduct interviews with the top
candidates; conduct on-site visits and/or tours of the candidates' places of business;
conduct negotiations with the most qualified candidate(s). Consultants should be
aware, however, that award may be made without consultant visits, interviews, or
futther discussions or negotiations.
C. AWARD
If the City elects to proceed, final selection of consultants for interview and
notification for interviews is expected to occur the April 22-26, 2019. The City
anticipates making the final selection in early May 2019 and awarding the contract
via City Council on June 4, 2019.
In addition, negotiations may or may not be conducted with consultants; therefore,
the proposal submitted should contain your most favorable terms and conditions,
since the selection and award may be made without discussion with any consultant.
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SECTION IV
SCOPE OF WORK
A. Background
The City of Temple City is centrally located in the west San Gabriel Valley approximately
five miles southeast of Pasadena and 13 miles east of downtown Los Angeles. The City is
approximately 3.85 square miles and is surrounded by the cities of Arcadia, San Gabriel,
El Monte, Rosemead, and unincorporated portions of Los Angeles County. With a total
population of approximately 36,000, Temple City is predominately a residential
community with over I 0,000 residential parcels. The park system contains two parks with,
among other things, sports fields, basketball and tennis courts, playgrounds, and open turf
areas.
B. Project Overview
The City of Temple City is seeking proposals from qualified consultants to design a park,
which includes creation of a concept plan and construction plans and specifications. The
future park will be located on three parcels on Primrose Avenue (APNs 8587-014-901,-
904, -905), nmih of Las Tunas Drive and south of Woodruff Avenue. The three parcels,
one of which currently contains a parking lot, amount to approximately 48,000 square feet.
The vision is the park will encompass approximately 20,000 square feet, while the parking
lot encompasses the remaining 28,000 square feet and contains no less than 64 parking
spaces (current number of spaces). See Section VIII Appendices within this RFP for the
overhead view of the parcels and a preliminary concept plan.
This project requires that a landscape architect, licensed in California, take the lead role in
developing the subject plans and specifications. Associated with the landscape architect
will be a registered civil engineer (including survey and geotechnical) and a registered
electrical engineer.
C. Scope of Work
To achieve the goals and objectives, the consultant will work with a Project Team made up
of representatives of City staff to complete the following:
Project Initiation
I. Meet with city staff on project intent and planning process.
2. Review and analyze existing site conditions (site survey).
3. Review and evaluate options for site elements.
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Conceptual Designs
l. 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
l. Creation of construction plans and specifications based on approved conceptual
plan.
o Design all improvements fully accessible per American with Disabilities
(A.D.A.) guidelines.
o Prepare grading plans per the City of Temple City Public Works
Depattment 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.
o Prepare detailed plans and specifications for irrigation improvements.
o Review all Southern California Edison and park electrical requirements and
provide design and layout for all controllers/timers, and other items as
determined by staff.
o Consultant shall work with soils engineer and City staff to specify soils
amendments and other applicable recommendations.
o Consultant shall submit the park development plans to the City of Temple
City for routing and approval. Consultant shall expediently incorporate any
changes required by the plan check process and resubmit. Schedule
approximately 2-3 weeks to complete review/approval process for each
submittal.
o Consultant shall prepare a comprehensive bid schedule with quantities for
the formal bid process. These bid documents shall incorporate the City of
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Temple City's Standard Specifications and Conditions. A copy of the entire
specification package on a thumb drive(s) shall be delivered to the City with
the completed bid set. City will provide boiler plate information.
• Develop a final and detailed cost estimate for both construction and
maintenance for the park.
2. Deliverables: I) Construction plans and specifications based on approved
conceptual design; 2) construction and maintenance cost estimates for park; and 3)
bid schedule for bidding purposes.
Bidding Assistance I Construction Administration
I. Consultant shall provide assistance to the City during the bidding process by
answering Requests for Information/Clarification. Also, provide assistance in
reviewing the bids after they're opened.
2. Consultant shall provide assistance with construction administration (attend weekly
progress meetings as well as conduct inspections and site observation for the
duration of during construction (approximately four hours per week). It is intended
that the consultant shall address all construction issues within this same time period
as required. All minutes of these meetings shall be forwarded to the City's project
manager for review and approval. Phone calls and casual project communication
shall not constitute a meeting.
3. Consultant shall periodically review the as-built drawings in the field and at project
completion for accuracy and assist in the reproduction of the as-built information
on reproducible Mylar.
Other
I. Consultant shall provide an activity schedule showing project milestones and
completion time conforming to the project schedule. Cost proposal shall show payment
compatible with the work schedule.
2. Attend at a minimum the following meetings: Two (2) community meetings to receive
public input regarding a conceptual design for the park; one (I) Parks & Recreation
Commission meeting for approval of conceptual design; one (I) Planning Commission
meeting for CUP for parking lot; and one (I) City Council meeting for approval of
conceptual design.
D. City's Expectations of Consultant
I. 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.
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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.
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SECTIONV
PROPOSAL CONTENT AND FORMS
A. PROPOSAL FORMAT AND CONTENT
1. Presentation
Proposals shall be typed, double spaced, single-sided and submitted on 8-112" x II" size
paper, and bound with one staple. Any other means of binding is highly discouraged.
Proposals should not include any plastic or oversized covers or binders, nor any
unnecessarily elaborate or promotional material. Information should be presented in the
order in which it is requested. Lengthy narrative is discouraged, and presentations should
be brief and concise. Proposals should not exceed 30 pages in length, excluding any
Appendix.
2. Letter of Transmittal
A Letter of Transmittal shall be included with the proposal, addressed to Steve Lawson,
Parks & Recreation Manager, and must, at a minimum, contain the following:
a. identification of consultant, including name, address and telephone number;
b. proposed working relationship between consultant and subcontractors, if
applicable;
c. acknowledgment of receipt of all RFP addenda, if any;
d. name, title, address and telephone number of consultant's contact person
during period of proposal evaluation;
e. a statement to the effect that the proposal shall remain valid for a period of
not less than 90 days from the date of submittal; and
f. signature of a person authorized to bind consultant to the terms of the
proposal.
3. Technical Proposal
a. Qualifications, Related Experience and References
This section of the proposal should establish the ability of consultant to
satisfactorily perform the required work by reasons of: experience in
performing work of a similar nature; demonstrated competence in the
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services to be provided; educational qualifications; strength and stability of
the firm; staffing capability; work load; record of meeting schedules on
similar projects; and supportive client references.
Consultant shall:
(!) provide a brief profile of the firm, including the types of services
offered; the year founded; form of the organization (corporation,
pmtnership, sole proprietorship); number, size and location of
offices; number of employees;
(2) provide a general description of the firm's financial condition;
identify any conditions (e.g., bankruptcy, pending litigation,
planned office closures, impending merger) that may impede
consultant's ability to complete the project;
(3) describe the firm's experience in performing work of a similar
nature to that solicited in this RFP, and highlight the participation in
such work by the key personnel proposed for assignment to this
project;
( 4) identify sub-consultants by company name, address, contact person,
telephone number and project function and describe consultant's
experience working with each sub-consultant; and
(5) provide, at a minimum, three (3) references from the projects cited
as related experience; reference shall furnish the name, title, address
and telephone number of the person(s) at the client organization who
is most knowledgeable about the work performed. Consultant may
also supply references from other work not cited in this section as
related experience.
b. Proposed Staffing and Project Organization
This section of the proposal should establish the qualifications of the
proposed project staff.
Consultant shall:
(I) provide education, experience and applicable professional
credentials of proposed project staff;
(2) furnish brief resumes (not more than two [2] pages each) for the
proposed Project Manager and other key personnel;
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(3) indicate adequacy oflabor resources, utilizing a table projecting the
labor-hour allocation to the project by individual task;
( 4) identify key personnel proposed to perform the work in the specified
tasks and include major areas of sub-consultant work;
(5) include a project organization chart which clearly delineates
communication/reporting relationships among the project staff; and
( 6) include a statement that key personnel will be available to the extent
proposed for the duration of the project acknowledging that no
person designated as "key" to the project shall be removed or
replaced without the prior written concurrence of the City.
c. WorkPlan
Consultant shall provide a narrative, which addresses the Scope of Work,
and shows consultant's understanding of the City's needs and requirements.
Consultant shall:
(I) describe the approach to completing the tasks specified in the Scope
of Work;
(2) outline sequentially the activities that would be undertaken in
completing the tasks and specify who would perform them; and
(3) furnish a schedule for completing the tasks in terms of elapsed
weeks from the commencement date.
Consultant may also propose enhancement or procedural or technical
innovations to the Scope of Work, which do not materially deviate from the
objectives or required content of the project.
d. Exceptions/Deviations
State any exceptions to or deviations from the requirements of this RFP and
the terms and conditions of the Form of Agreement, segregating "technical"
exceptions from "contractual" exceptions. Where consultant wishes to
propose alternative approaches to meeting the City's technical or
contractual requirements, these should be thoroughly explained. The City
reserves the right to accept or reject any or all exceptions I deviations at its
sole discretion. Consultant shall be bound to accept all RFP requirements,
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terms, and conditions of the Form of Agreement not accepted in the
proposal.
e. Fee Proposal
Consultant shall complete and sign the Price Form in Section VI below in
its entirety. (Fee Proposal must be submitted in a sealed envelope
separate from proposal documents and marked "Price Form").
4. Appendix
Information considered by consultant to be pertinent to this project and which has
not been specifically solicited in any of the aforementioned sections may be placed
in a separate appendix section. Consultants are cautioned, however, that this does
not constitute an invitation to submit large amounts of extraneous materials;
Appendix should be relevant and brief.
B. LICENSING AND CERTIFICATION REQUIREMENTS
By submitting a proposal, consultant warrants that any and all licenses and/or certifications
required by law, statute, code or ordinance* in performing under the scope and
specifications of this RFP are currently held by consultant, and are valid and in full force
and effect. Copies or legitimate proof of such licensure and/or certification shall be
included in consultant's proposal. Proposals lacking copies and/or proof of said licenses
and/or certifications may be deemed non-responsive and may be rejected.
*The successful consultant(s) and its sub-consultants are each required to obtain a City of
Temple City Business License prior to award of Agreement. The Business License is not
required for submission of a proposal.
C. COST AND PRICE FORMS
Consultant shall complete the Price Form in its entirety including: 1) all individual tasks
listed and total price; 2) basis on which prices are quoted; and 3) consultant's identification
infotmation including a binding signature.
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SECTION VI
PRICE FORM
(To be submitted in a sealed envelope separate from proposal documents and marked "Price
Form")
REQUEST FOR PROPOSALS: Professional Design Services for Primrose Park RFP
DESCRIPTION OF WORK: Creation of conceptual plans and construction plans and
specifications for the future park.
CONSULTANT'S NAME/ADDRESS: __________________ _
NAME/TELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE: ___________________ _
Please provide detailed Firm Fixed Lump Sum Price and any other incidental or additional costs required
in the spaces provided below to complete the Scope of Work requirements. Firm Fixed Prices to complete
each task shall include the costs of all administration and overhead, project site visits, pre-production
costs, telephone usage, mailings, mileage and other administrative costs. NOTE: Price proposals
submitted on forms other than those provided herein may cause rejection of the proposal as non-
responsive; however, you are still encouraged to submit an itemized detail of your do not exceed amount
long with the Price Form.
Total Price, written in numbers:$-----------------------
Total Price, written in words:-------------------------
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Are there any other additional or incidental costs, which will be required by your firm in order to meet the
requirements of this RFP? Yes I No (circle one). If you answered "Yes", please provide detail of
said additional costs:----------------------------
Please indicate any elements of this RFP, which cannot be met by your firm.
Have you included in your proposal all requested informational items and forms? Yes I No
(circle one). If you answered "No", please explain:-----------------
This offer shall remain firm for 90 days from RFP close date.
Terms and conditions as set forth in this RFP apply to this proposal.
In signing this proposal, Consultant warrants that all certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all
Addenda to this RFP received by your firm, and the date said Addenda was/were received.
Verification of Addenda Received
Addenda No: ___ _
Addenda No: ___ _
Received on:
Received on:----------
Addenda No: ___ _ Received on: _________ _
AUTHORIZED SIGNATURE:
18
PRINT SIGNER'S NAME AND TITLE:
DATE SIGNED:
COMPANY NAME & ADDRESS:
PHONE: _____ _ FAX: ______ _
IF NOT SUBMITTING A PROPOSAL, PLEASE STATE REASON(S) BELOW:
End of Price Form
19
SECTION VII
SAMPLE PROFESSIONAL SERVICES AGREEMENT
(Sample on following pages)
20
DESIGN PROFESSIONAL SERVICES AGREEMENT
[FOR ARCHITECTURAL, LANDSCAPE ARCHITECTURAL, ENGINEERING
ENVIRONMENTAL, LAND SURVEYING, AND CONSTRUCTION PROJEC'E
MANAGEMENT SERVICESJ
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
21
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
This Agreement for Design Professional Services ("Agreement") is entered into as of this~-
day of , 20 _ by and between the City of Temple City, a municipal corporation
("City") and , a ("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 [describe process used, i.e. request for qualifications, request for
quotations,/ request for proposals, direct negotiation, informal quotes], the
performance of the [pick one: architectural I landscape architectural I engineering I
environmental I land surveying I construction project management] services defined
and described particularly in Section 2 of this Agreement.
B. Design Professional, following submission of a [proposal I quote I bid, etc.] 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 patiicularly in Section 2 of this Agreement
and desire that the terms of that performance be as patiicularly defined and described
herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration ofthe mutual promises and covenants made by the Patiies
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
22
of this Agreement is for [_ yea rs/month s] commencing on the date f irst ascribed a bove .
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Design Professional agrees to perform the serv ices 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 sh a ll be compl eted pursuant to the schedule
specified in Exhibit "A." Should the Services not be compl e te d purs u a nt to that
sched ule, th e Cons ulta nt shall be d eemed to be in Default of this Agreement. T he
City, in it s sole discretion, may c hoose n ot to enforce t he Defa ult provis io n s o f thi s
Agreement and may in stead allow Design Professiona l to continue perfo rming the
Services.
SECTION 3 . ADDITIONAL SERVICES.
D esign Profess iona l sh a ll not be compen sate d for any work rendered in connecti on with it s
performance of this Agreement tha t are in addition t o or outside of th e Services unless s uch
additional serv ices are au thorized in advance and in writing in accordance with Section 26
"Admini stratio n a nd Impl e m e ntati on" or Section 28 "Am e ndm e nt" of this Agreement. If a nd
when s uc h additional work is authorized, suc h a dditio n a l wo rk sh al l be deemed to be part of th e
Services.
SECTION 4. C OMPENSATION AND METHOD OF PAYMENT.
(a) Subject to a ny limitatio ns set forth in thi s Agreement, City agrees to pa y Design
Professional the amounts spec ifi ed in Exhibit "B" "Compensation" and made a p art
of this Agreement by this refer e nce. The total compensation, inc luding
reimbursem e nt for actual expenses, s ha ll not exceed
-------,-....,....----.,.....,.--__,_,.-dollars ($ , unless additional
compensation is a pproved in writing in accordance with Section 26 "Adminis tration
a nd Impleme nt atio n" o r Section 28 "Amendment" of this Agreement.
(b) Each month Design Professional sh a ll fu rni sh to City a n o rigin a l invoice for a ll work
performed and expe n ses incurre d during the precedin g mont h . T he in vo ice sha ll
detai l charges by the following categori es: labor (by sub-category), travel, m aterials,
equipment, s upplies, and s ubcontractor contracts . Su b -con su lta nt charges s ha ll be
d e t a il ed by the following categories: labor, travel, m ate ri a ls, e quipme nt and s upplies.
If the compen sation set forth in s ubsection (a) a nd Exhibit "B" include p ay m e nt of
la bor on an hourly ba s is (as opposed to labor and materia ls b e in g paid as a lump sum),
the labor category in each inv o ice s ha ll include detailed descripti ons of task
performed and th e amou nt of time incurred fo r or allocated t o that task. C ity shall
ind ependently review each inv oice submitted by th e Des ig n Professional to determine
whether t he work perfo rm ed and expenses incurred a re in compliance with the
provisions of this Agreement. In the event t hat no c harges or expe nses are disputed,
the inv o ice s ha ll be approved and paid according t o the t erm s set fo rth in s ub section
23
(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 turn 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 course
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
24
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 accmate 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 8. 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 fmth 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
25
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.
LICENSES.
COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
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.
26
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. §§ I 101, 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 suppoti, testimony
at depositions, response to interrogatories or other information concerning the work
27
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 admiss~ions or other discovery request, court order or subpoena from any
patty 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, I iabilities, 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 borne by each
party in propmtion to its negligence.
(b) Indemnification from Sub-Consultants. Design Professional agrees to obtain
executed indemnity agreements with provisions identical to those set fmth here in
this section from each and every sub-consultant I 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
28
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 patt 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. ln 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 perfmmance 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. ln the event
such notice is given, Design Professional shall cease immediately all work in
progress.
29
(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.
SECTION21. 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.
SECTION22. 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, comt 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.
SECTION23. 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.
30
SECTION24. NOTICES.
All notices required or permitted to be given undet· 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:
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.
SECTION25. 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.
SECTION26. 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.
SECTION27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the Parties.
SECTION28. 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
31
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 Pa11y 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.
SECTION30. 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 cou11s shall lie
exclusively in the County of Los Angeles, California. In the event oflitigation 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.
SECTION32. 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.
SECTION33. 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).
SECTION34. 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.
32
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and
year first-above written.
ATTEST:
PeggyKuo
City Clerk
APPROVED AS TO FORM
Eric S. Vail
City Attorney
By: By:
fu: fu:
CITY OF TEMPLE CITY
Bryan Cook
City Manager
---------------------
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.
33
A notmy public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfitlness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On , 20_, before me,
Date Name And Title Of Officer (e.g. "Jane Doe, Notary Public")
personally appeared
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature{s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
34
EXHIBIT "A"
SCOPE OF SERVICES
I. Design Professional will perform the following Services:
A.
B.
c.
D.
II. As part of the Services, Design Professional will prepare and deliver the following
tangible work products to the City:
A.
B.
c.
D.
III. During performance of the Services, Design Professional will keep the City appraised
of the status of performance by delivering the following status reports:
A.
B.
c.
D.
IV. The tangible work products and status reports will be delivered to the City pursuant
to the following schedule:
A.
B.
c.
D.
35
V. Design Professional will utilize the following personnel to accomplish the Services:
A.
B.
c.
D.
VI. Design Professional will utilize the following subcontractors to accomplish the
Services:
A.
B.
c.
D.
36
EXHIBIT "B"
COMPENSATION
I. Design Professional shall use the following rates of pay in the perfo1·mauce of the
Services:
A. [job] [hourly rate]
B. [job] [hourly rate]
c. [job] [hourly rate]
D. [job] [hourly rate]
E. [job] [hourly rate]
II. Design Professional may utilize subcontractors as indicated in this Agreement. The
hourly rate for auy subcontractor is not to exceed $ per hour without written
authorization from the City Manager or his designee.
37
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:
I. 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 oflnsurance. 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 Attomey may require
that Design Professional furnish 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.
I. Design Professional shall furnish certificates and endorsements from each
subcontractor identical to those Design Professional provides.
2. Any deductibles or self-insured reten~tions 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.
38
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.
39
SECTION VIII
APPENDICES
40
Appendix A-Future Pl"imi'Ose Park Location
41
,-1
GOODA LE
ARCHITECTURE
PLANNING
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APPENDIX B -PRELIMINARY CONCEPT PLAN
SCOPE
-REPLACE NORTH PARKING WITH MINI-PARK
-REPLACEMENT PARKING @ DEMOLITION SITE
-PER PARKS & RECREATION: SMALL PLAY AREA,
CONCRETE TAl CHI PAD, PICNIC AREA, SHADE SAILS,
LANDSCAPE, AND POSSIBLE FENCING
ROUGH PROJECT COST $1,014,000
-Construction Cost 64 x $7,000 per stall = $448,000
-Construction Cost 22,000 Sq Ft x $15 = $330,000
-30% Additional Project Costs + Contingency = $233,000
C9
2 MINI-PARK+ PARKING
CITY OF TEMPLE CITY I PR I MROSE PROPERTY STUDIES 1 1118
CIP-42
DRAFT
Category:
Funding Source(s):
Estimated Cost:
Funding Year(s):
Expense Type:
Operating Impact:
Life Span:
Priority Level:
Project Description:
Project Justification:
Other Notes:
Funding Detail:
2018-23 CIP
As of 3/19/2019 (AMENDED)
PRIMROSE PROPERTIES:
PARK & PARKING LOT
Facilities
General Fund
$100,000
2019-20
One-Time
High
25-30 yrs.
Necessary
PROJEC~rJ~w~MENT s
Funds pre-development activities for a new park and
public parking lot on the 5900 block of Primrose
Avenue. Scope includes facility design and
construction documents.
The proposed % acre park meets a policy need to
provide more park and open space opportunities
citywide. Furthermore , a new public parking lot would
replace the existing lot closest to Woodruff Avenue
and resituate parking closer to downtown.
The City is pursuing a competitive grant under
Proposition 68, which funds new parks and park
improvements. If successful, grant monies would
reimburse pre-development costs and fund
construction activities.
DRAFT
Pg . CIP-43