HomeMy Public PortalAbout07) 7E Agreement-Harris & AssociatesDATE: March 6, 2012
AGENDA
ITEM 7.E.
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager
b4
By: Cathy Burroughs, Director of Parks and Recreation
SUBJECT: APPROVAL OF CONSULTANT SERVICES AGREEMENT WITH
HARRIS & ASSOCIATES TO PROVIDE ASSESSMENT ENGINEERING
SERVICES FOR THE CITYWIDE LIGHTING AND MAINTENANCE
DISTRICT, TO REVIEW THE EXISTING LOCAL STREET LIGHTING
FOR INCONSISTENCIES, AND TO DEVELOP FUNDING STRATEGIES
FOR THE MAINTENANCE OF THE ROSEMEAD BOULEVARD
IMPROVEMENTS
RECOMMENDATION:
The City Council is requested to review and approve a Consultant Services Agreement
with Harris & Associates to develop funding strategies for the maintenance of the
Rosemead Boulevard improvements, to provide a local street lighting review, and to
provide Assessment Engineering Services for the Citywide Lighting and Maintenance
District for Fiscal Year (FY) 2012-13.
BACKGROUND:
1. On March 4, 2011, the City received a Proposal for Assessment Engineering
Services for the Citywide Lighting and Maintenance District for Fiscal Year (FY)
2011-12, FY 2012-13, and FY 2013-14 from Harris & Associates.
2. On March 15, 2011, the City Council adopted Resolution No. 11-4725 ordering
the preparation of the Lighting and Maintenance Assessment District annual
engineer's report for FY 2011-12 and accepted a one year proposal from Harris
& Associates for Assessment Engineering Services for the Citywide Lighting and
Maintenance District.
3. On January 26, 2012, staff met with representatives from Harris & Associates to
discuss the proposed improvements for Rosemead Boulevard and possible
funding for ongoing maintenance of those improvements through the Citywide
Lighting and Maintenance District.
City Council
March 6, 2012
Page 2
4. On February 6, 2012, Harris & Associates submitted a proposal to provide a
study of the anticipated maintenance costs for the planned improvements on
Rosemead Boulevard and possible strategies to fund those costs, as well as a
review of the local street lighting to identify any inconsistencies in the Citywide
Lighting and Maintenance District.
ANALYSIS:
Pursuant to the 1972 State Lighting and Landscape Act, an engineer's report musk be
prepared for each Fiscal Year (FY) in which assessments are levied and collected for
the City's Lighting and Maintenance District. The engineer's report identifies eligible
program expenditures, establishes the District's operating budget, updates individual
property assessments, and documents the City's compliance with all applicable laws.
Annually, the City Council determines the Lighting and Maintenance District
assessment rates, which provide funding for citywide street lighting, tree maintenance,
and traffic signal maintenance programs.
On March 15, 2011, the City Council considered a proposal from Harris & Associates to
provide the required engineering services for the next three years, at the existing rate of
$8,500 per year. The City Council agreed to retain the services of Harris & Associates
to prepare the engineer's report for the Lighting and Maintenance District for one year
and directed staff to solicit bids for this service in 2012.
During the past 18 months, the City has designed an $18.3 million complete street
project for the City's two-mile stretch of Rosemead Boulevard that includes extensive
lighting and landscape improvements. Now that the design phase is winding down, the
City needs to retain the services of Harris & Associates to conduct a study of the
anticipated maintenance costs, and any available strategies to fund these expenses. In
light of their 13 year tenure with the City, Harris & Associates is very familiar with the
City's existing District and in a position to conduct these additional assessment
engineering services for the Citywide Lighting and Maintenance District for Fiscal Year
(FY) 2012-13. Therefore, it is recommended that the City Council approve a Consultant
Services Agreement with Harris & Associates and authorize the City Manager to
execute the Agreement.
CONCLUSION:
City Council approval of a Consultant Services Agreement with Harris & Associates will
authorize them to develop funding strategies for the maintenance of proposed lighting
and landscape improvements along Rosemead Boulevard; provide a review of local
street lighting; and provide the required assessment engineering services for the
Citywide Lighting and Maintenance District for FY 2012-13.
City Council
March 6, 2012
Page 3
FISCAL IMPACT:
The City Council as part of the Fiscal Year (FY) 2011-12 City Budget approved an
appropriation of $9,000 for the annual administration and assessment levy services;
however funds were not budgeted for development of funding strategies for the
maintenance of the Rosemead Boulevard improvements or for the review of the local
street lighting. Funds allocated for the Rosemead Boulevard Enhancement project are
available and can be used for the Rosemead Boulevard Improvements Study (i.e., a
budget appropriation will be made as part of the City's regular quarterly budget
amendments). Excess ad -valorem funds from the Lighting and Landscape District can
be used to fund the local street lighting review portion. A budget amendment, in the
amount of $1,000 is required for the local street lighting review from account #47-960-
78-4240.
ATTACHMENTS:
A. Consultant Services Agreement — Harris & Associates
B. Proposal from Harris & Associates — February 6, 2012
R1V #4822-7830-4520 v
CONSULTANT SERVICES AGREEMENT
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
HARRIS & ASSOCIATES
a corporation
-1-
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
HARRIS & ASSOCIATES
This Agreement for Consultant Services ("Agreement") is entered into as of this day
of March 2012 by and between the City of TEMPLE CITY, a municipal corporation ("City") and
Harris & Associates, a corporation ("Consultant"). City and Consultant are sometimes
hereinafter individually referred to as "Party" and hereinafter collectively referred to as the
"Parties."
RECITALS
A. City has sought, by a request for proposal the performance of the engineering
services defined and described particularly in Section 2 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Section 2 of this Agreement, was selected by the
City to perform those services.
C. Consultant was selected by the City on the basis of Consultant's demonstrated
competence and the professional qualifications necessary for the satisfactory performance of the
services required.
D. Pursuant to the City of Temple City's Municipal Code, City has authority to enter
into this Consultant Services Agreement and the City Manager has authority to execute this
Agreement.
E. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Section 2 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained here and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement,
the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to
the schedule specified in Exhibit "A." Should the scope of services not be completed pursuant to
that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to
Section 21 of this Agreement. The City, in its sole discretion, may choose not to enforce the
RN #4822-7830-4520 v 1 _ I _
Default provisions of this Agreement and may instead allow Consultant to continue performing
the scope of services until such services are complete.
SECTION 2. SCOPE OF SERVICES.
Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services,"
which is incorporated herein by this reference, in accordance with the terms and conditions of
this Agreement.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to or outside of those set forth in this
Agreement or listed in Exhibit "A" "Scope of Services," unless such additional services are
authorized in advance and in writing by the City Council or City Manager of City. Consultant
shall be compensated for any such additional services in the amounts and in the manner agreed to
by the City Council or City Manager.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in Exhibit "B" "Compensation," which is incorporated herein
by this reference. The total compensation, including reimbursement for actual expenses, shall
not exceed nineteen thousand five hundred dollars ($19,500), unless additional compensation is
approved in writing by the City Council or City Manager.
(b) Each month Consultant shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month. The invoice shall detail charges
by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and
sub -consultant contracts. Sub -consultant charges shall be detailed by the following categories:
labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a)
and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and materials
being paid as a lump sum), the labor category in each invoice shall include detailed descriptions
of task performed and the amount of time incurred for or allocated to that task. City shall
independently review each invoice submitted by the Consultant to determine whether the work
performed and expenses incurred are in compliance with the provisions of this Agreement. In
the event that no charges or expenses are disputed, the invoice shall be approved and paid
according to the terms set forth in subsection (c). In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Consultant for correction and
resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty-five (45) days of receipt of Consultant's correct and undisputed invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not
be deemed to waive any defects in work performed by Consultant.
RIV #4822-7830-4520 v1 _ 2 _
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant's work under this Agreement,
either during performance or when completed. City shall reject or finally accept Consultant's
work within sixty (60) days after submitted to City. City shall reject work by a timely written
explanation, otherwise Consultant's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and
such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall
not constitute a waiver of any of the provisions of this Agreement including, but not limited to,
sections 16 and 17, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files and other documents prepared, developed or discovered by Consultant
in the course of providing any services pursuant to this Agreement shall become the sole property
of City and may be used, reused or otherwise disposed of by City without the permission of the
Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall 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 Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and warrants related
to Standard of Performance and found in Section 9 of this Agreement shall not extend to such
use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes,
computer files, files or other documents.
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or
relating to Consultant's performance of services pursuant to this Agreement. Consultant shall
maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other
documents or records evidencing or relating to work, services, expenditures and disbursements
charged to City pursuant to this Agreement. Any and all such documents or records shall be
maintained in accordance with generally accepted accounting principles and shall be sufficiently
complete and detailed so as to permit an accurate evaluation of the services provided by
Consultant pursuant to this Agreement. Any and all such documents or records shall be
maintained for three years from the date of execution of this Agreement and to the extent
required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this
section shall be made available for inspection, audit and copying, at any time during regular
business hours, upon request by City or its designated representative. Copies of such documents
or records shall be provided directly to the City for inspection, audit and copying when it is
practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and
RIV #4822-7630-4520 v _ 3 _
records shall be made available at Consultant's address indicated for receipt of notices in this
Agreement.
(c) Where City has reason to believe that any of the documents or records required to
be maintained pursuant to this section may be lost or discarded due to dissolution or termination
of Consultant's business, City may, by written request, require that custody of such documents or
records be given to the City and that such documents and records be maintained by the requesting
party. Access to such documents and records shall be granted to City, as well as to its
successors -in -interest and authorized representatives.
SECTION S. STATUS OF CONSULTANT.
(a) Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of City. Consultant shall have no authority to bind City in any
manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City,
whether by contract or otherwise, unless such authority is expressly conferred under this
Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither City,
nor any elected or appointed boards, officers, officials, employees or agents of City, shall have
control over the conduct of Consultant or any of Consultant's officers, employees, or agents
except as set forth in this Agreement. Consultant shall not at any time or in any manner represent
that Consultant or any of Consultant's officers, employees, or agents are in any manner officials,
officers, employees or agents of City.
(c) Neither Consultant , nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such
rights.
SECTION 9. STANDARD OF PERFORMANCE.
Consultant represents and warrants that it has the qualifications, experience and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent and professional manner. Consultant shall at all times faithfully, competently and to
the best of its ability, experience and talent, perform all services described herein. In meeting its
obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of Consultant under this Agreement. In addition to the general standards of
performance set forth this Section 9, additional specific standards of performance and
performance criteria are set forth in the Scope of Work that shall also be applicable to
Consultants work under this Contract. Where there is a conflict between a general and a specific
standard of performance or performance criteria, the specific standard or criteria shall prevail
over the general.
If and to the extent that City utilizes for any purpose not related to this Agreement any
neaps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
RIV #4822-78304520 vl _ 4
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and warranties
related to Standard of Performance shall not extend to such use of the maps, models, designs,
drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERNUTS AND
LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and
local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this
Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to
perform the services set forth in this Agreement. Neither City, nor any elected or appointed
boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a
result of any failure of Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Consultant that California prevailing wage laws do not
apply to this Agreement because the Agreement does not involve any of the following services
subject to prevailing wage rates pursuant to the California Labor Code or regulations
promulgated thereunder: Construction, alteration, demolition, installation, or repair work
performed on public buildings, facilities, streets or sewers done under contract and paid for in
whole or in part out of public funds. In this context, "construction" includes work performed
during the design and preconstruction phases of construction including, but not limited to,
inspection and land surveying work.
SECTION 12. NONDISCRUMNATION.
Consultant shall not discriminate, in any way, against any person on the basis of race,
color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or
marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seg., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should the any liability or sanctions be imposed against City for such use of unauthorized
aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such Iiabilities or
sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant's performance of services under
RIV #4822-7830-4520 v _
this Agreement. Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall be employed by it as an officer, employee, agent or
subcontractor without the express written consent of the City Manager. Consultant agrees to at all
times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
City in the performance of this Agreement.
(b) City understands and acknowledges that Consultant is, as of the date of execution
of this Agreement, independently involved in the performance of non -related services for other
governmental agencies and private parties. Consultant is unaware of any stated position of City
relative to such projects. Any future position of City on such projects shall not be considered a
conflict of interest for purposes of this section.
(c) City understands and acknowledges that Consultant will, perform non -related
services for other governmental agencies and private parties following the completion of the
scope of work under this Agreement. Any such future service shall not be considered a conflict
of interest for purposes of this section.
SECTION I.S. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Consultant in performance of
this Agreement shall be considered confidential, unless such information is in the public domain
or already known to Consultant. Consultant shall not release or disclose any such information or
work product to persons or entities other than City without prior written authorization from the
City Manager, except as may be required by law.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without
prior written authorization from the City Manager or unless requested by the City Attorney of
City, voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered "voluntary" provided Consultant
gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant,
provides any information or work product in violation of this Agreement, then City shall have the
right to reimbursement and indemnity from Consultant for any damages, costs and fees,
including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition,
request for documents, interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work performed thereunder.
City retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
RN x/4822-7830-4520 v1 - ( -
SECTION 16. INDEMNIFICATION.
(a) Indemnification by Design Professional,. As provided under Civil Code Section
2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all claims.
actions and proceedings (whether at law or equity, administrative or judicial), demands, orders,
judgments, losses, liabilities, damages, costs and expenses, including attorney's fees and costs,
(collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant, its officers, agents, employees or sub -
consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement, with the understanding that in the
event Claims are found by the trier of fact to have been caused by the joint or concurrent
negligence of the City and its contractors and consultants, and Consultant, damages and expenses
from both indemnity and duty to defend obligations shall be bome by each party in proportion to
its negligence.
(b) Indemnification from Sub -Consultants. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section from each
and every sub -consultant / contract or any other person or entity involved by, for, with or on
behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as
additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from
others as required here, Consultant agrees to be fully responsible according to the terms of this
section. Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of
Consultant and shall survive the termination of this Agreement or this section.
(c) Citv's Sole NeRhizence. The provisions of this Section 16 do not apply to Claims
occurring as a result of City's sole negligence. The provisions of this section shall not release
City from liability arising from gross negligence or willful acts or omissions of City or any and
all of its officials, employees and agents.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit "C" "Insurance," which is incorporated
herein by this reference. All insurance policies shall be subject to approval by City as to form
and content. These requirements are subject to amendment or waiver if so approved in writing
by the City Manager. Consultant agrees to provide City with copies of required policies upon
request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this
Agreement. City has an interest in the qualifications of and capability of the persons and entities
who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In
recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion
of this Agreement or the performance of any of Consultant's duties or obligations under this
RIV #4822-7830-4520 v 1 - 7 -
Agreement without the prior written consent of the City Council. Any attempted assignment
shall be ineffective, null and void, and shall constitute a material breach of this Agreement
entitling City to any and all remedies at law or in equity, including summary termination of this
Agreement. City acknowledges, however, that Consultant, in the performance of its duties
pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant's staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance.
SECTION 24. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving
thirty (30) days written notice of termination to Consultant. In the event such notice is given,
Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30)
days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this
Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this
Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property
belonging exclusively to City which is in Consultant's possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incurred by
Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 of this Agreement.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under Section 20. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver
of the City's legal rights or any rights arising out of any provision of this Agreement.
RIV #4822-7830.4520 v1 - 8 -
SECTION 22. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages, if any, caused
by delay in performance or failure to perform due to causes beyond the control of Consultant.
Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal,
state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes,
and unusually severe weather. The 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 work as outlined in the
Exhibit "A" "Scope of Services," shall be furnished to Consultant in every reasonable way to
facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and
shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return
receipt requested, addressed as follows:
To City: City of Temple City
Attn: City Manager
9701 Las Tunas Dr.
Temple City, CA 91780
To Consultant: Harris & Associates
Attn: K. Dennis Klingelhofer, PE
34 Executive Park, Suite 150
Irvine, CA 92614
Notice shall be deemed effective on the date personally delivered or transmitted by
facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States
Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and
warrants that he/she/they has/have the authority to so execute this Agreement and to bind
Consultant to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION
This Agreement shall be administered and executed by the City Manager or his or her
designated representative, following approval of this Agreement by the City Council. The City
Manager shall have the authority to issue interpretations and to make minor amendments to this
Agreement on behalf of the City so long as such actions do not materially change the Agreement
RIV #4822-7830-4520 v1 _ 9 _
or make a commitment of additional funds of the City. All other changes, modifications, and
amendments shall require the prior approval of the City Council.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
SECTION 28. MODIFICATION OF AGREEMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing
and approved by the Consultant and by the City Council. The parties agree that this requirement
for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision nor a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the
State of California. In the event of litigation between the parties, venue in state trial courts shall
lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision
of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to
an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to
which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete,
final and exclusive expression of the parties with respect to the matters addressed therein and
supersedes all other Agreements or understandings, whether oral or written, or entered into
between Consultant and City prior to the execution of this Agreement. No statements,
representations or other Agreements, whether oral or written, made by any party which are not
embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and
binding unless in writing duly executed by the parties or their authorized representatives.
Rry #4822-7830-4520 v 1 -10-
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
this Agreement shall not be affected thereby and the Agreement shall be read and construed
without the invalid, void or unenforceable provision(s).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
CITY OF TEMPLE CITY
ATTEST:
Mary Flandrick
City Clerk
APPROVED AS TO FORM
Eric S. Vail
City Attorney
By: 1J119V41zr'-'��Z�/zJ]� _ By:
,5Z7V1.0,e P4006ET VA,;,
Its:
Its:
Jose Pulido, City Manager
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
wv R4822-7830-4520 vl - 11 -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On before me, , personally appeared proved to me on
the basis of satisfactory evidence to be the person(s) whose names(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
we and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL,
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
RIV #4822-7830-4520 v
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A.
B.
C.
D.
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A.
B.
C.
D.
M. During performance of the Services, Consultant will keep the City appraised of the
status of performance by delivering the following status reports:
A.
B.
C.
D.
IV. The tangible work products and status reports will be delivered to the City pursuant to
the following schedule:
A.
B.
C.
6876 vl
RIV #4822-7830-1520 vl
A-1
6876 v1
19
V. Consultant will utilize the following personnel to accomplish the Services:
A.
B.
C.
D.
VI. Consultant will utilize the following subcontractors to accomplish the Services:
A.
B.
C.
D.
VII. AMENDMENT
The Scope of Services, including services, work products, and personnel, are subject to
change by mutual Agreement. In the absence of mutual Agreement regarding the need to change
any aspects of performance, Consultant shall comply with the Scope of Services as indicated
above.
RIV #4822-7830-4520 v
A-2
EXHIBIT "B"
COMPENSATION
I. Consultant shall be paid as follows:
A. $8,500 lump sum, for Annual Administration/Assessment Levy Services to be
paid on a percentage basis monthly for services performed the previous month;
B. $1,500 lump sum, for Local Street Lighting Review to be paid on a percentage
basis monthly for services performed the previous month;
C. $9,500 lump sum, for Rosemead Blvd Improvements Study to be paid on a
percentage basis monthly for services performed the previous month.
II. Consultant may utilize subcontractors as indicated in this Agreement. The hourly rate
for any subcontractor is not to exceed $ per hour without written authorization
from the City Manager or his designee.
III. The City will compensate Consultant for the Services performed upon submission of a
valid invoice. Each invoice is to include.
A. Percentage of the services performed the previous month.
IV. The total compensation for the Services shall not exceed $19,500 as provided in Section
4 of this Agreement.
RN #4822-7630-4520 v
B-1
EXHIBIT "C"
INSURANCE
A. Insurance Reauirements. Consultant shall provide and maintain insurance,
acceptable to the City Manager or City Counsel, in full force and effect throughout the term of
this Agreement, against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A:VII. Consultant shall provide the following scope and limits of
insurance:
1. Minimum Scone of Insurance. Consultant shall maintain professional
liability insurance appropriate to the Consultant's profession. This coverage may be written on a
"claims made" basis, and must include coverage for contractual liability. The professional
liability insurance required by this Agreement must be endorsed to be applicable to claims based
upon, arising out of or related to services performed under this Agreement. The insurance must
be maintained for at least 3 consecutive years following the completion of Consultant's services
or the termination of this Agreement. During this additional 3 -year period, Consultant shall
annually and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Consultant shall maintain limits of
professional Iiability 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 Reauirements. Consultant agrees to deposit with City, at or before the
effective date of this contract, certificates of insurance necessary to satisfy City that the insurance
provisions of this contract have been complied with. The City Attorney may require that
Consultant furnish City with copies of original endorsements effecting coverage required by this
Section. The certificates and endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified
copies of all required insurance policies, at any time.
1. Consultant shall furnish certificates and endorsements from each
subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City or its respective elected or appointed
officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, defense expenses and claims.
RN #4822-7830-4520 v]
C-1
3. The procuring of such required policy or policies of insurance shall not be
construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions
and requirements of this Agreement.
Rry #4822-7830-4520 vl
C-2
Harris & Associates.
i� s
Shaping the Future, One Project at a rime.
February 6, 2012
Cathy Burroughs
City of Temple City
9701 Las Tunas Dr
Temple City, CA 91780
Re: Contract Amendment to develop funding strategies for the maintenance of the
Rosemead Blvd Improvements and provide Assessment Engineering Services for the
Citywide Lighting and Maintenance District for FY 2012-13
Dear Ms. Burroughs;
It is our understanding that that City is looking for methods of funding the future maintenance for the
improvements planned for Rosemead Blvd and compare those improvements with the existing
landscaping maintenance areas for consistency and conformance with Proposition 216. The City is also
wanting a review of the properties receiving local lighting to ensure everyone receiving that benefit is
contributing for that service.
Scope of Work
Project Understanding
The City of Temple City currently funds street lighting and landscaping maintenance through the Temple
City Landscape and Lighting and Maintenance District (LLMD) which covers the entire City and includes
over 10,000 parcels and four (4) Assessment Zones.
The LLMD is currently exempt from the provisions of Proposition 218 and its assessment rates have not
been increased since before 1997. Consequently, the LLMD has not kept pace with the costs of
landscaping maintenance and with the planned improvements to be constructed along Rosemead Blvd, the
District will require more and more general fund supplements to meet the projected city budgets.
The City of Temple City would like to hire an Assessment Engineer to prepare a study of the anticipated
maintenance costs for the planned improvements on Rosemead Blvd as well as review the existing
landscaping zones for consistency and potential conformance with Proposition 218 and the recent court
decisions in order to determine assessable costs associated with the maintenance activities.
This study will provide methodology options relating to general versus special benefit quantification, the
assessment spread, and any Zones of Benefit that are required. The study will also include
recommendations for public education and outreach.
34 Executive Park, Suite 150 Irvine, CA 92614-4705 949.655.3900 f.949.655.3995 Irvine@harris-assoc.com
City of Templc City
Landscape Improvement Study and Street Lighting Review
Rosemead Blvd Improvements Study
Page 2 of 4
Review improvement plans for the Rosemead Blvd improvements to identify eligible improvements
that can be maintained by assessments and develop planning Ievel estimate of future annual
maintenance costs.
2. Meet with City staff to discuss in detail the types of maintenance and operation projects to be funded,
strategies for approaching the analysis and cost apportionment, Proposition 218 issues, preliminary
annual budget estimates, time frames, and other considerations.
3. Identify special benefit to property owners versus general benefit of maintaining facilities to develop
benefit nexus based upon the requirements of Proposition 218. Meet with City staff and legal counsel
to review benefit nexus. (2 meetings estimated.)
4. Identify possible benefit zones for the various improvements and review with City staff. (2 meetings
estimated.)
S. Analyze the financial impacts associated with the methodology analysis as they relate to the
benefiting parcels and any zones of benefit..
6. Prepare a draft Summary Report incorporating a discussion of the analyses and making a preliminary
recommendation of the most appropriate apportionment options. Procedural requirements and steps
for formation will be outlined for each type of district as well as a preliminary timeline for
establishment. Public education and outreach options will also be discussed. Submit up to five (5)
copies of the draft Report. Meet with City staff to discuss comments. (I meeting estimated.)
7. After incorporating comments from City Staff, attend a City Council Study Session to present the
Summary Report and answer questions.
Local Street Lighting Review
1. Using City provided GIS map showing the location of all local street lights funded by the District
review the parcels currently being assessed the local lighting assessment.
2. Identify inconsistencies based upon the data provided and prior year's assessment roll and provide a
map to the City for review and additional input.
This analysis is intended to identify parcels receiving local lighting benefits that are not currently being
assessed. Any actions that may be needed as a result of this study will be determined at a later date and
are not included in this proposal fee.
Annual Administration I Assessment Levy Services
Provisions of the Landscaping and Lighting Act of 1472 will be used in completing the work. This
scope of work is based on the assumption that there will be no increases in assessment rates as defined
by Article XIIID of the California Constitution (Proposition 218) and the Proposition 218 Omnibus
Implementation Act. Additionally, this scope assumes that one (1) Engineer's Report will be
provided.
1. Research, Obtain all available information from the City regarding the district, including a listing of
projected expenditures and revenues and any additional information. Update the current database
files with the latest Assessor's parcel numbers and land use information.
2. Meetings and Coordination. Meet with City staff to review the district, receive budgets and
confirm schedule; conduct one status meeting in conjunction with the draft Engineer's Report and one
Q;1ProposalsVempie dty\0ptional Svcs 20120plional Services prop-Webl2.doc M- I Hams & Associates
City of Templc City
Landscape Improvement Study and Street Lighting Review Page 3 of 4
for the final Engineer's Report, if required; attend the City Council meetings considering the
Resolutions of Intention and the public hearings, and provide technical support and answer questions.
Total of up to five (5) meetings.
3. Engineer's Report. Prepare the Engineer's Report setting the annual assessment rates for the next
fiscal year based on budget estimates from City. Furnish up to three (3) copies of the draft Report for
review and comment. Furnish one electronic copy in PDF form, up to twenty (20) copies of the
finalized Report and one copy of the Preliminary Assessment Roll for processing and filing.
4. Submittal to County. After confirmation of assessments, prepare an Assessment Roil in electronic
format, as required by the County Auditor -Controller for inclusion of assessments on the property tax
bills. Submit the roll to the County and, after receipt of the County's exception report, make any
required corrections. Deliver up to two (2) hard copies of the accepted Assessment Rolls to the City
and a copy of the electronic file.
Responsibilities of the City
• Secure qualified legal counsel to provide legal advice to the City and Assessment Engineer.
• Provide resolutions required by the City Council and all legal notices, and schedule and agendize City
Council meetings and hearings.
• Provide the Assessment Engineer with budgets for all improvements to be maintained in the existing
assessment district.
• Provide access to records and data for land use data, including electronic map files, and any other
pertinent information.
QVroposalsVemple eityloptional Svcs 241210ptional Services prop-6F612.doc Harris &Associates
City of Templc City
Landscape Improvement Study and Street Lighting Review
Fee Proposal
Page 4 of 4
Based on our knowledge and understanding of the project, and the Scope of Work included herein, Harris
& Associates will provide the services for the lump sum fees shown below:
I. Rosemead Blvd Improvements Study $9,500.00
2. Local Street Lighting Review $1,500.00
3. Annual Administration / Assessment Levy Services $8,500.00
This proposal is valid for up to 120 days from the proposal submittal date.
Professional Services Agreement
Harris & Associates has an existing Professional Services Agreement for performing the annual
administration of the Lighting and Maintenance District which can be amended to include this effort if
that is acceptable to the City.
We are looking forward to working with you! Please call me at (800) 827-4901 ext. 2326, or Carol at ext.
2354 if you have any questions or need any additional information regarding our proposal, or you can
email me at kklingelhofer@harris-assoc.com.
Sincerely,
Harris & Associates
K. Dennis KIingelho r, PE
Manager of Financial Engineering
Q:lproposalshemple citylOptionW Svcs 201210ptional Services prop-6F612.doc Harris & Associates