HomeMy Public PortalAbout8A Award of Architectural Design Contract Las Tunas Drive Project
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: October 23, 2012
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager
By: Peggy Kuo, City Clerk
Marilyn Bonus, Deputy Clerk
SUBJECT: AWARD OF PROFESSIONAL SERVICES CONTRACT TO FREEDMAN
TUNG + SASAKI URBAN DESIGN FOR THE LAS TUNAS DRIVE
SAFETY ENHANCEMENT AND BEAUTIFICATION PROJECT
RECOMMENDATION:
The City Council is requested to:
a) Award an architectural design services contract to Freedman Tung + Sasaki Urban
Design for the Las Tunas Drive Safety Enhancement and Beautification Project;
b) Approve a professional services agreement with Freedman Tung + Sasaki Urban
Design for the Las Tunas Drive Safety Enhancement and Beautification Project for
Phase One (i.e., $ 457,036) which is being funded at this time at an amount not to
exceed $500,000 and Phase Two is anticipated to be funded at the City’s Mid-Year
Budget Review at approximately $600,000, with the total contract amount not to
exceed $1.1 million for both phases; and
c) Authorize City Manager to execute the professional services agreement and to
modify these services as necessary to expedite this project by making use of the
remaining $ 42,964 balance (i.e., $500,000 appropriation minus $ 457,036 proposal
amount) subject to City Council approval for services that exceed $25,000.
BACKGROUND:
1. On June 19, 2012, the City Council approved the Fiscal Year (FY) 2012-2013 City
Budget which included a $500,000 appropriation for the Phase One of the Las
Tunas Drive Safety Enhancement and Beautification Project redesign which
includes: Pre-Design; Schematic Design; and Design Development but not
construction drawings (i.e., Phase Two).
City Council
October 23, 2012
Page 2
2. On July 3, 2012, Mayor Yu appointed Mayor Pro Tem Sternquist and himself to
serve on the Las Tunas Drive Streetscape and Pedestrian Improvement Ad Hoc
Committee (Ad Hoc Committee).
3. On August 17, 2012, the City issued a Request for Qualification/Request for
Proposals (RFQ/RFP) for the Las Tunas Drive Safety Enhancement and
Beautification Project which allowed interested firms to submit written questions to
the City by August 30, 2012. (Attachment “A”)
4. On August 29 and September 3, 2012, the City published a public notice in the
Pasadena Star News to advertise the City’s Request for Qualification/Request for
Proposals (RFQ/RFP) for the Las Tunas Drive Safety Enhancement and
Beautification Project.
5. On September 5, 2012, Addendum No. 1 (Attachment “B”) was issued to provide a
response to all 51 questions submitted by the interested parties and were posted
on the City’s website. The proposal deadline submittal was extended by one day to
September 11, 2012.
6. On September 11, 2012, the City Clerk’s Office received a total of six proposals
(i.e., AHBE Landscape Architects; Freedman Tung + Sasaki Urban Design; Gruen
Associates; Lawrence Moss and Associates; RRM Design Group; and SWA
Group).
7. On September 21, 2012, the City notified the six firms regarding the change in
project schedule which delayed the interview process to October 12, 2012 and the
award of contract date to October 23, 2012.
8. On October 4, 2012, City’s Selection Committee (i.e., Mayor Yu, Mayor Pro Tem
Sternquist, City Manager Pulido, Assistant to the City Manager Haworth,
Community Development Director Masura, Vanir Project Manager Twilley, and
Management Analyst Chung) completed their review of the six proposals received
by the City.
9. On October 5, 2012, the City announced the four firms selected to continue with
the interview process (i.e., Freedman Tung + Sasaki Urban Design, Gruen
Associates, Lawrence Moss and Associates, RRM Design Group).
10. On October 12, 2012, the City’s Selection Committee interviewed the four selected
firms and a consensus was made to move forward with Freedman Tung + Sasaki
Urban Design.
11. On October 18, 2012, the City posted the Notice of Intent to Award a contract
(Attachment “C”) on the City’s website. The ratings of the four firms interviewed
are as follows, number one having the highest rating:
1. Freedman Tung + Sasaki Urban Design
City Council
October 23, 2012
Page 3
2. RRM Design
3. Gruen Associates
4. Lawrence Moss and Associates
12. On October 22, 2012, the City was awarded $598,300 of Highway Safety
Improvement Program (HSIP) funds to complete signal upgrades and installation
of pedestrian countdown heads on Las Tunas drive from Rosemead Boulevard to
Temple City Boulevard.
ANALYSIS :
With major new development coming in to the Las Tunas Drive/Rosemead Boulevard
intersection, and private investments being made in the downtown area, the Las Tunas
Drive Safety Enhancement and Beautification Project is the perfect opportunity to
revitalize the City’s downtown from an auto oriented thoroughfare into a destination
place and create a heart of the City.
1. Current Conditions
Las Tunas Drive also known as the City’s downtown core does not offer the types
of street-level activity that typically define vibrant downtowns (e.g., outdoor dining,
walkable retail experience, etc.) found in other communities. Instead, Las Tunas
Drive functions more as an auto-dominated thoroughfare which is neither
pedestrian nor bicycle-friendly. For example, crosswalk opportunities for
pedestrians, while 380 feet apart along many blocks, are at times nearly a quarter
mile apart; many signalized intersections lack countdown timers; and existing ficus
trees do not provide enough shade to encourage walking.
The City has an opportunity to create an economic catalysts for its community (i.e.,
increase in property value and sales tax) with the Las Tunas Drive Safety
Enhancement and Beautification project, the two major developments (i.e.,
Gateway Project, and the Rosemead Boulevard Safety Enhancement and
Beautification Project) underway at the Las Tunas Drive/Rosemead Boulevard
intersection, and private business/property owner investments currently being
made in the downtown area. Public investments on Las Tunas Drive would serve
for the long-term prosperity and livability of the community. Furthermore,
downtown businesses and storefronts would benefit from improvements made by
the Las Tunas Drive Safety Enhancement and Beautification Project, ultimately
influencing reinvestment (or new investment) of properties on Las Tunas Drive
specifically and Temple City in general.
2. Las Tunas Drive Redesign
City Council
October 23, 2012
Page 4
By redesigning Las Tunas Drive from an auto-oriented thoroughfare into a
sophisticated pedestrian friendly downtown, the City will be able to implement
studies that were recently completed (i.e., Downtown Parking Study, Traffic
Calming Master Plan and the Historical Resources Survey). These studies
provide opportunities to utilize pedestrian improvement amenities by adding high
visibility crosswalk markings and corner “bulb-outs” that would shorten street
crossing distances. Additional enhancements may include an increase of tree
canopies for shade, widening sidewalks for outdoor dining, new lighting and
furnishing options, and the addition of diagonal parking together would provide a
gathering place for the community.
As identified in the Historical Resources Survey, the gateway and landmarks
provides additional identity to the area through the use of public arts and
enhancements as potential landmarks through City’s downtown. Furthermore, the
enhancements of Las Tunas Drive includes a revamped façade improvement
program, new signage code requirements, and potential financial assistance for
targeted business attraction and expansion.
3. Next Steps
The City issued a RFQ/RFP in September 2012 for architectural design services
for Las Tunas Drive to assist the Temple City community (i.e., residents, business
owners and property owners) in collectively redesigning Las Tunas Drive to its
desired level of sophistication.
The City’s Selection Committee reviewed the six proposals received and
interviewed the top four firms with a goal of hiring a firm during the Special City
Council meeting of October 23, 2012. The City’s Selection Committee is
recommending that City Council consider entering into a professional services
agreement, for Phase One, with Freedman Tung + Sasaki Urban Design
(Attachment “D”) to assist the City in redesigning Las Tunas Drive over the next six
months (i.e. October 24, 2012 through April 30, 2013). Freedman Tung + Sasaki
Urban Design is an award winning urban design firm that has completed “main
street” designs to help revitalize downtowns in Cathedral City, Mountain View,
Livermore and Redwood City among others. The reference checks for Freedman
Tung + Sasaki Urban Design Group were favorable.
If the City Council approves the proposed design contract with Freedman Tung +
Sasaki Urban Design, the City would need to host two community meetings
tentatively set for November 14 and December 19, 2012 to gather community
input. The design input gathered at these two community meetings will also allow
the City to prepare a grant application for the Metro Call for Projects, which
provides project construction funding (similar to the $2.2 million grant award
received for the Rosemead Boulevard Enhancement Project in 2011).
Due to the time constraints in preparing this staff report and the corresponding
City Council
October 23, 2012
Page 5
Draft Agreement, the City Attorney is in the process of reviewing the attached Draft
Agreement and will be providing his comments by tomorrow. It is anticipated that
any changes made to the Draft Agreement will be provided to the City Council and
the public prior to the Special City Council meeting of October 23, 2012.
CONCLUSION:
The City Council is being requested to award an architectural design contract
(Attachment “E”) to Freedman Tung + Sasaki Urban Design for Phase One of the Las
Tunas Drive Safety Enhancement and Beautification Project which will allow the City to
conduct two community meetings, prepare schematic and design drawings, and
prepare grant applications for multiple funding categories all prior to the January 18,
2013 Metro Call For Projects deadline.
FISCAL IMPACT :
On June 19, 2012, the City Council approved the FY 2012-2013 City Budget which
included a $500,000 appropriation for Phase One of the Las Tunas Drive Safety
Enhancement and Beautification Project redesign which includes: Pre-Design;
Schematic Design; and Design Development only (Construction drawings will be part of
Phase Two). Staff will submit a proposal to the City Council during the City’s FY 2012-
13 Mid-Year Budget review to consider a $600,000 appropriation to complete Phase
Two of the Las Tunas Drive Safety Enhancement and Beautification Project which will
include construction drawings and other services related.
ATTACHMENT(S):
A. RFQ/RFP Las Tunas Safety Enhancement and Beautification Project
B. Addendum No. 1
C. Notice of Intent to Award
D. Freedman Tung + Sasaki Urban Design Proposal
E. Agreement between Freedman Tung + Sasaki Urban Design
CITY OF TEMPLE CITY
REQUEST FOR QUALIFICATIONS (RFQ}
AND
REQUEST FOR PROPOSALS (RFP)
FOR
LAS TUNAS DRIVE
Attachment A
SAFTEV ENHANCEMENTS AND BEAUTIFICATION PROJECT
ARCHITECTURAL DESIGN SERVICES
Due: MONDAY, September 10, 2012 no later than 2:00pm
Page 1 of19
NOTICE OF REQUEST FOR QUALIFICATIONS (RFQ)
AND
REQUEST FOR PROPOSALS (RFP)
FOR
LAS TUNAS DRIVE SAFETY ENHANCEMENTS AND BEAUTIFICATION PROJECT
ARCHITECTURAl DESIGN SERVICES
NOTICE IS HERBY GIVEN that the City of Temple City is seeking Architectural Design Services for "The Las
Tunas Drive Safety Enhancements and Beautification Project" (i.e., between Muscatel on the west and
Baldwin Avenue on the east). The Service Proposal (Qualification Statement) and Fee Proposal must be
submitted to the City Clerk's Office in City Hall, 9701 Las Tunas Drive, Temple City, California, 91780 no
later than 2 :00 p.m . Monday, September 10, 2012, Attention: City Manage r. POSTMARKS WILL NOT BE
ACCEPTED.
All responses to this RFQ/RFP must be clearly marked, "LAS TUNAS DRIVE SAFETY ENHANCEMENTS AND
BEAUTIFICATION PROJECT ARCHITECTURAL DESIGN SERVICES," and shall be delivered during norma l
business hours of 7 :30 a.m. to 6:00 p .m., Monday through Friday, except holidays. Submit the origina l
and five additional copies of your Service Proposal within a sealed envelope, and one original of your
Fee Proposal (please see Sections [10, 11 and 12] for format and content). The RFQ/RFP respondents
must understand the final fee will be negotiated with the City for the aforementioned services . All
responses to this RFQ/RFP will be reviewed and ana lyzed by City staff, and the proposals that best
address the City's and project's needs, will continue on for further ana lysis and negotiation with the City
Manager.
The City of Temple City reserves the right, in its sol e discretion during the se lection process , to r eject any
or all responses to this RFQ/RFP or any portion without exception or explanation. Parties will receive a
free copy of the all available planning documents pertaining to Las Tunas Drive. An electronic and hard
copy of this information can be obtained from the City Clerk's Office in DVD format at the following
address:
Temple City Hall
9701 Las Tunas Drive
Temple City, CA 91780
626.285 .2171
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REQUEST FOR QUALIFICATIONS (RFQ) AND REQUEST FOR PROPOSALS (RFP) FOR
LAS TUNAS DRIVE SAFETY ENHANCEMENTS AND BEAUTIFICAITON PROJECT ARCHITECTURAL
DESIGN SERVICES
Table of Contents
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9 .
SECTION 10.
SECTION 11.
SECTION 12.
SECTION 13.
SECTION 14.
SECTION 15 .
GENERAL STATEMENT ....................................................................................................... 4
PROJECT DESCRIPTION ...................................................................................................... 4
BUDGET ............................................................................................................................. 5
PROJECT SCHEDULE ........................................................................................................... S
CONSULTANT'S QUALIFICATIONS ..................................................................................... 5
INSURANCE AND INDEMNIFICATION ................................................................................ 6
STANDARD AGREEMENT ................................................................................................... 6
ELIGIBILITY ......................................................................................................................... 6
SCOPE OF SERVICES ........................................................................................................... 6
SUBMISSION OF PROPOSALS ............................................................................................. ?
SERVICE PROPOSAL: CONTENT & ORGANIZATION ............................................................ 7
FEE PROPOSAL: CONTENT & ORGANIZATION ................................................................. 10
SELECTION PROCEDURE .................................................................................................. 11
REQUEST FOR ADDITIONAL INFORMATION .................................................................... 11
SCHEDULE OF EVENTS ..................................................................................................... 12
APPENDIX A-PROJECT INFORMATION PACKAGE ....................................................................................... 13
APPENDIX B-SAMPLE STANDARD AGREEMENT ........................................................................................ 19
Page 3 of19
SECTION 1. GENERAL STATEMENT
With the City's successful completion of the Rosemead Boulevard Safety Enhancements and
Beautification project redesign, the City is currently in the unique position to continue its planning
endeavors by providing a creative urban design team with the opportunity to faci litate the
transformation of Las Tunas Drive from its current thoroughfare status into a more multi-modal
complete street that establishes the heart of the City for the Temple City community (i.e., res i dents,
business owners, and property owners). As presently envisioned, this new transportation safety
enhancements and beautificaiton project will encompass Las Tunas Drive from City limits while
creating positive synergies with the upcoming Civic Center Maser Plan. The selected
architectural/urban design firm will provide the City with architectural and engineering services under
two phase s. In light of the ongoing favorable constructi on market conditions, designing this project
now will allow the City to capitalize on the following two important economic factors:
1. Current Bidding Environment: The bids for capital improvements such as this one are still coming
considerably under budget; and
2 . City Bu dget: The City Council has appropriated $500,000 for architectural/urban planning and
engineering services for Phase One of Two for this proj ect.
The intent of this Request for Qualifications (RFQ) and Request for Proposals (RFP) is to establish the
City's high expectations by clearly articulating the specifications, terms and conditions governing the
selection of a highly qualified professional architectural/urban designer firm that has completed at
least three similar projects in other citie s with similar demographics and business mix found on Las
Tunas Drive. All submittals must be formatted as specified in this RFO/RFP, and shall take into
consideration all other information included in the Appendixes .
Submittals that do not include all of the elements as specified, or that deviate from the proposed
format and content as specified, may be deemed "non·responsive" by the evaluation committee
and eliminated from further consideration.
SECTION 2. PROJECT DESCRIPTION
Under Phase One, the City of Temple City is seeking qualified providers of architectural/urban
planni ng and engineering services for "Las Tunas Drive Safety Enhancement and Beautification
Project" from the City limits (i.e ., between the Muscatel on the west and Baldwin on the east).
Specifically, enhan cem ents shall be made, at a minimum, to the following project features:
1. Sidewalk s;
2. Curb ramps ;
3. Transit Stops;
4. Rest areas ;
5. Tree planting;
6. Median islands;
7. Street and pedestrian lighting;
8. Improvement to underground utilities where applicable;
9. Crosswalks ;
10. Accent nodes;
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11. City entry and exit signs;
12. Traffic signals;
13. Traffic signposts;
14. Business signs and billboards;
15. Public arts; and
16. Eating and dining areas .
In addition, the selected architectural/urban design firm will be expected to utilize two recent studies
prepared by RBF Consulting (i.e., "Comprehensive Downtown Parking Strategy" and the "Temple City
Traffic Calming Master Plan" ) in order to design Las Tunas Drive into a successful complete street and
heart of the City -these two documents are on the City provided DVD along with the "Rosemead
Boulevard Safety Enhancement and Beautification Project" 100% construction drawings.
It is important to note that City has already submitted an HSIP grant application in Ju ly 2012 (i.e., thi s
document is also on the City provided DVD) to possibly fund traffic signal replacements on Las Tunas
Drive, and that the City will continue to aggressively pursue additional project funding opportunities
through the various state and federal grant sources. Moreover, it is the City's priority to have the
selected architectural/urban design firm work with the City to prepare a grant application for the
upcoming January 18, 2013 Metro Call For Projects.
SECTION 3. BUDGET
On June 28, 2012, as part of the 2012-13 Fiscal Year (FY) City Budget Adoption, the City Council
appropriated $500,000 for programming and design costs associated with a complete street design of
Las Tunas Drive through two phases. Depending on which of the three conceptual design concepts is
selected by the City Council, the City will appropriate additional funds to complete Phase Two during
the City's Mid-Year Budget Review in February 2013 or as part of the FY 2013-14 City Budget process
(i.e., June 2013)-it is anticipated that the funding request to the City Council for Phase Two will be in
the range of $500,000 to $750,000.
SECTION 4. PROJECT SCHEDULE
An aggressive 20 week project schedule anticipates that the architectural/urban design firm will begin
pre-design activities immediately in October 2012. For example, Phase One (i.e., Pre-Des ign [4 weeks]
and Conceptual Design [8 weeks]) and to initiate Phase Two (i.e., Schematics [8 weeks]). However the
City reserves the right to change the project schedule as necessary in order to accommodate the City's
upcoming grant application to Metro in January 2013.
SECTION 5. CONSULTANT'S QUALIFICATIONS
The City will only give serious consideration to those applicants who have clearly demonstrated
successful past experience with similar street safety enhancements and beautification projects. The
highly qualified architectural/urban design firm will be selected based on their professional
qualifications and demonstration of successful experience with at least three similar projects i n other
cities with similar demographics and business mix like that found on Las Tunas Drive.
In addition, the City will review the selected architectural/urban design firm's ability to meet
schedules, coordinate effectively with other internal and external entities, work effectively with the
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businesses, community groups and the ability to work within budget limitations will be considered in
the selection. The selection criteria are further described in [Section 13].
The City of Temple City is an Equal Opportunity Employer. The successful architectural/urban design
firm shall comply with all applicable laws.
SECTION 6. INSURANCE AND INDEMNIFICATION
Proposers shall be required to comply with the Indemnification provisions contained in Standard
Agreement. Successful proposer shall procure, maintain, and provide the City with proof of insurance
coverage for all the programs of insurance along with associated amounts specified in Section 16
"Indemnification" and Section 17 "Insurance" in the Standard Agreement (see Appendix A).
SECTION 7. STANDARD AGREEMENT
The exact scope of services required by the City will be set forth in the Agreement between Temple
City and the successful firm; a sample copy of the City's Standard Agreement has been attached to this
RFQ/RFP for your prompt review and reference (see Appendix A). Please identify in writing any
exceptions or deviations to the City provided Standard Agreement. The City of Temple City reserves
the right to modify the agreement language at any time prior to award of the agreement by the City
Council.
SECTION 8. ELIGIBILITY
An architectural firm may associate by sub -consultant agreement with other firms for the successful
completion of thi s project with the City's approval. The architectural firm and sub-consultants must
be licensed by the State of California to practice in their respective fields of specialization. Joint-
venture teams will not be accepted.
SECTION 9. SCOPE OF SERVICES
The City of Temple City is seeking qualified providers of architectural/urban planning and engineering
services for The Las Tunas Drive Enhancement Project from City limit to City limit (i.e., between
Muscatel on the west and Baldwin Avenue on the east). The successful firm will work directly with the
City's representatives and/or other consultants in the fulfillment of these duties as described in this
request.
As a general guideline, the City anticipates that the consultant will participate in the development of
design and construction program information including the needs assessment, an architectural
program, construction documents and technical specifications. Services covered under this project will
at a minimum include architectural, urban planning, civil, structural, and electrical engineering,
landscape design, traffic engineering and signage, specifications and cost estimating. Soils
investigation and surveying are not part of this RFQ/RFP but can be negotiated as part of the pre-
design.
P:tlo(C 6 of 19
SECTION 10. SUBMISSION OF PROPOSALS
All proposal submittals must conform to the prescribed format described in this Section, Section 11
(Service Proposal) and Section 12 (Fee Proposal). Any submittal that deviates from this format may be
rejected without review at the City's sole discretion. All costs for proposal preparation or subsequent
interview preparation shall be at the expense of the proposer and shall not be included in the fee
proposal.
Services Proposal
Firms wishing to respond to this request must supply the information requested in this RFO/RFP by
the date and time required. All submittals shall be in an 8 Yz x 11" format. Foldout 11 x 17" pages may
be used to exhibit projects. All submittals must have an executive summary, numbered pages and a
table of contents .
The document shall be typed and shall not exceed thirty pages of written material, with minimum 10-
point font. Double-sided pages will count as two (2) pages. The thirty page limitation includes any
written, photographic or graphic material contained in the body of the proposal and any appendices.
The limitation does not include the cover, cover letter, table of contents or index, and blank tab pages.
Proposers should not include unnecessary elaborate or promotional material. Number each page,
beginning with the first page of the Executive Summary.
Fee Proposal
The fee submittal must have a cover letter on the prime's letterhead, reference this project and
include the firm names of all team members. The submittal should be in an 8 Yz x 11" format,
although foldouts 11 x 17" pages may be used. There is no page limitation to the fee proposal. The
Fee Proposal shall be submitted in a sealed envelope. Clearly label the sealed envelope with firm
name and "Fee Proposal -Las Tunas Drive Safety Enhancements and Beautification Project
Architectural Design Services."
Submit the original and five (5) additional copies of your Service Proposal along with your Fee Proposal
placed in a separate sealed envelope. All documents shall be submitted in one container or package
to:
SECTION 11.
City of Temple City
Attn: Jose Pulido, City Manager
RE: Las Tunas Drive Safety Enhancements and Beautification Project Architectural
Design Services
9701 Las Tunas Dive
Temple City, CA 91780
SERVICE PROPOSAL: CONTENT & ORGANIZATION
All proposals must be submitted in the prescribed format and must address all of the following in the
order shown . Any proposal that deviates from this format may be rejected without review at the
City's sole discretion.
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Cover Letter
The Cover Letter shall be addressed to Jose Pulido, City Manager, and shall include the legal name of
the company, corporate address, and telephone and fax number. Include name, title, address and
telephone number of the contact person identified . Acknowledge receipt of all addenda, if any.
Include a statement to the effect that the proposal shall remain valid for a period of not less than 90
days from the date of the submittal. Include a signed statement, by an officer of the firm with
authority to bind the firm in event of an agreement, attesti ng that all information submitted with the
proposal are true and correct.
Table of Contents
Include a table of contents in your proposal. Tabs or a divider between each section is encouraged .
A. Executive Summary
Provide a summary of the significant information contained in the proposal. Highlight and summarize
your qualifications and strengths that will single out your firm as the best firm to accomplish this
project.
B. Understanding of and Approach to the Project
I. Provide a summary of your approach to the project.
II. Discuss your understanding and approach to the challenges of this project.
Ill. List the required information expected from the City by major task.
IV . Indicate participation the firm will require from the City staff and consultants .
V. Describe your approach to working effective ly with jurisdictional agencies including but
not limited to Los Angeles County Public Works, Southern California Ed i son , and so
forth.
VI. Describe your approach to working effectively with Ad-hoc committees. Attendance in
neighboring and community design presentation will be required.
VII. Describe your approach to effective interaction with community groups.
C. Quality Control
I. Provi de an outline of quality control and in-house procedures to coordinate the work of
your consultants during the architectural programming and design phase of the project.
The outline should describe your system of compiling information; frequency of team
meetings; method of documenting team meetings; procedures for distributing
information to team members; and procedures for verifying and guaranteeing that
approved items are incorporated in the final Construction Documents.
II. Describe your approach to construction administration.
Ill. Provide a statement as to how you will manage the flow of information between
members of the team: The City Council, City Manager, businesses, the public and the
owner's consultant and your consultants.
D. Experience on Similar Projects
I. Provide a list and description of similar projects completed (constructed) within the last 20
years of similar scope and complexity. Include the following informati on :
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a. Project Name and Location;
b. Brief project description;
c. Total project budget;
d. Design Fee;
e. Project duration;
f. Names of Firms of the Team members;
g. Phases wherein proposer performed work (programming, schematic, design
development, construction documents, construction administration, and close-out);
h. Indicate whether project was in a congested downtown area; and
i. Include references for each cited project.
II. Provide a list and description of projects currently under design/construction of similar
scope and complexity
E. Experiences in Controlling Project Cost/Design Schedule
I. Provide a statement of the firm's philosophy with respect to cost and budget control
during the design phase of the project, demonstrating experience and ability to design to
a given budget.
II. Provide a statement of the firm's philosophy with respect to schedule control. Describe
your approach to meeting the schedule for this project (See Appendix A.2 for master
project schedule).
Ill. For the projects completed in the last ten (10) years listed for item D above, provide for
this section the following information:
a. The date the design contract was awarded;
b. The design schedule for complete construction documents;
c. The date construction documents were completed;
d. Construction budget established at the program level ;
e. Construction budget at the schematic design phase;
f. Construction budget at the design development phase;
g. Construction budget at the construction document phase;
h. Construction budget at the bid date including a list and amount of bid alternates;
i. Bid opening date and bid spreadsheet for each project includ i ng a list of bid
alternates;
j . If re-bid was necessary and why;
k. Awarded amount;
I. Construction start and completion dates;
m. Change order history for each project identifying the reason for the change order (i.e.
owner request, errors , omissions, site conditions); and
n. Name, address and telephone number of:
i. Owner representative who was directly involved during the construction phase .
ii. Superintendent and contracting firm that performed the work.
IV. List and provide amounts of pending and/or resolved claims, if any, associated with the
above projects.
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F. Proposed Organization and Staffing
I. Identification of Prime Firm: State the year the firm was established. Include a brief
description of the organization, its constituent parts and size variation in the last ten (10)
years.
II. Provide a description of the organizational structure and staffing to be used for the
project. Include an organizational chart. Also provide the following:
a. Provide the resume of the Project Architect to be assigned to the project;
b. Provide name of the consulting firms, the lead of the consulting firms to be assigned
to this project, their resume, and a list of projects he/she completed within the last
three years; and
c. Provide the resumes of the balance of the consulting team.
Ill. For the lead individuals indicate an estimate by name of the percentage of that person's
time (based on fifty-two, forty hour weeks per year) that will be devoted to each phase of
the project.
IV. Separately describe the experience and background qualifications of the members of the
project team functioning together on similar projects.
V. Current Projects: Provide a summary of all projects for which your firm is currently
providing services . What is the total estimated construction value of projects currently
under contract? Identify the clients with whom there have been repeated associations.
G. Financial Standing
I. Provide a current annual report or audited profit and loss statement. This information
must be provided under a separate cover-stamped confidential.
II. Amounts and carriers of both general and professional liability insurance.
H Exceptions to Standard Agreement
I. List exceptions, if any, to the Standard Agreement.
SECTION 12. FEE PROPOSAL: CONTENT & ORGANIZATION
The fee proposal must have a cover letter on the prime consultant's letterhead, which references this
project and includes the firm names of all team members. The Fee schedule shall include the number
of personnel hours, subconsultants, and other direct costs listed by phase, for pre -design, schematic
design, design development, construction documents, bidding, and construction administration phase.
Indicate reimbursable expenses. Include hourly fee schedules for the prime and each subconsultant
and include a "Not-to-Exceed" or a "Lump Sum" total project fee.
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In addition, include a summary of your total costs in a table as follows:
Description Amount Percentage of Fee
a. Pre-Design Phase $XX, XXX %
b. Schematic Design Phase $XX ,XXX %
c. Design Development Phase $XX,XXX %
d. Construction Document Phase $XX,XXX %
e. Bid and Award Phase $XX,XXX %
f. Construction Support Phase sxx,xxx %
SECTION 13. SELECTION PROCEDURE
A review committee will evaluate all responses to this RFQ/RFP that meet the submittal requirements.
Architectural firms will be selected based on professional qualifications and demonstrated
competence, according to the responses to information required in the RFQ/RFP, as follows:
• Evaluation of Approach (30 points)
• Firms Past Experience on Projects of Similar Size and Scope (35 points)
• Proposed Organizational Structure and Key Staff (30 points)
• Completeness of proposal and adherence to requirements (5 points)
Proposals will be evaluated and ranked. The selection panel will select a minimum of three firms that
best meet the requirements of the City of Temple City. The Fee proposals will not be used in
establishing the ranking.
A single set of interviews will be held to select an architectural firm. Finalists will be interviewed by a
selection panel. Approximately thirty-five minutes will be allowed for presentation and twenty-five
minutes for questions by the selection panel. All principa l team members must participate i n the
interview. Your proposed Project Manager must lead the presentation. Firms selected for interviews
should emphasize their approach to the Las Tunas Drive Safety Enhancements and Beautification
Project (as opposed to reiterating qualifications or discussing generic issues that might apply to any
project).
Fee negotiations will commence with the top ranked firm as determined after the interviews. If a fee
cannot be agreed upon, or if negotiations are not complete at the end of five (5) working days,
negotiations with the first firm will cease and will commence with the second firm, etc.
SECTION 14. REQUEST FOR ADDITIONAL INFORMATION
Firms may submit written questions regarding this RFO/RFP in person or by e-mail. Unwritten questions
will not be answered. All questions must be received by the date and time given in Section [15).
Page 11 of 19
When submitting questions, please specify the section number, paragraph number, and page number and
quote the language that prompted the question. This will ensure that the questions can be quickly found.
The City reserves the right to group similar questions when providing answers. The City will not identify
the source of any question. The City will issue an Addendum to the RFO/RFP that compiles and answers
all questions.
Questions should be made in writing and addressed to:
City of Temple City
Jose Pulido, City Manager
Las Tunas Drive Safety Enhancements and Beautification Project Architectural
Design Services
9701 Las Tunas Dive
Temple City, CA 91780
E-mail: jpulido@templecity.us
Please do not direct any questions or concerns to any other individual or City agency. Violation of
this policy will be considered grounds for disqualification . Questions received after the deadline will
not be considered.
SECTION 15. SCHEDULE OF EVENTS
Issue RFO/RFP August 17, 2012
Questions Submitted in Writing August 30, 2012
Written Answers Septernber4,2012
Proposals Due September 10, 2012
Announcement of Firms to be interviewed September 18, 2012
Team Interviews Week of September 21 51
Select Firm Week of September 25 1
h
City Council Agreement Approval October 2, 2012
Page 12 of19
APPENDIX A-PROJECT INFORMATION PACKAGE
CITY OF TEMPLE CITY
REQUEST FOR QUALIFICATIONS (RFQ)
AND
REQUEST FOR PROPOSALS (RFP)
FOR
LAS TUNAS DRIVE SAFETY ENHANCEMENTS AND BEAUTIFICATION PROJECT
ARCHITECTURAL DESIGN SERVICES
Page 13 of 19
APPENDIX A-PROJECT INFORMATION PACKAGE
A.l-SCOPE OF SERVICES
A.2-SAMPLE PROJECT SCHEDULE
A.l SCOPE OF SERVICES
The Las Tunas Drive Enhancement Project is moving closer to reality in the Temple City. This
transportation enhancement project encompasses the entire drive from City limits.
The City is in a position to significantly upgrade Las Tunas Drive with this capital improvement project
by retaining a new architectural/urban design firm that will maximize this unprecedented opportunity
for the Temple City community.
The existing conditions and other information are contained in the documents available at the City
Clerk's Office on DVD, referenced in the cover letter to this RFQ/RFP, namely :
• Temple City Downtown Specific Plan (1993);
• Construction drawings for the "Rosemead Boulevard Safety Enhancements and Beautification
Project" (2012);
• Comprehensive Downtown Parking Strategic Plan(2012); and
• Temple City Traffic Calming Master Plan (2012).
Proposers are strongly encouraged to carefully review this information and its relevance to the new
Las Tunas Drive architectural and urban design which incorporates the upcoming Civic Center Master
Plan which can be incorporated into this project.
Generally, enhancements shall be made to the following :
1. Sidewalks;
2. Curb ramps;
3. Transit Stops;
4. Rest areas;
5 . Landscaping/Tree planting;
6 . Median islands;
7 . Street lighting including pedestrian lighting;
8 . Improvement to underground utilities;
9. Crosswalks;
10. Accent nodes;
11. City entry and exit signs;
12 . Traffic signals;
13 . Traffic sign posts;
14. Business signs and billboards;
15. Public arts; and
16. Eating and Dining Seating .
Under Appendi x A, the Consultant will be re spon sible f or the followin g:
A. Pre-Design Phase: Preparation of a Condition Assessment and other pr e-de sign activities .
Page 14 of 19
B. Schematic Design Phase : Development of Schematic Design Documents for the City of Temple
City . Development of Des ign De velopment Documents based upon approval of Schematic
Design, design documents and any adjustments authorized by the City of Temple City to the
Prog r am Schedule or the Construction Budget.
C. Construction Document Phase: Development of Construction Documents based upon the
approved Design Development Documents and any further adjustments in the scope or
quality ofthe Project or in the Construction Budget as authorized by the City ofTemple City.
D. Bid and Award Phase: Consultant, following the City of Temple City's approval of the
Construction Documents shall assist the City of Temple City in clarifying, i nterpreting and
amending bid documents and attend the bid and award meetings.
E. Construction Phase: Provide support services during the construction phase .
Consultant's Scope of Services shall include, but not be limited to, the following: (all work to be
coordinated with the City's Construction Manager):
A. Pre-design phase to include but not be limited to the following services:
a. Attend design orientation.
b. Set management communicati on system with construction manager and all design
consultants.
c. Prepare design program schedule to comply with the attached master schedule.
d. Prepare milestone A/E schedule in coordination with the selected consultants.
e. Update A/E schedule as needed for integration into the master schedule.
B. Schematic Design Phase to include but not be limited to the following services :
a. Project start up and design investigation work.
b. Condition verification .
c. Development of Schematic design .
d. Product investigation, selection, and coordination with manufacturer.
e. Street Furnishing Selections and coordination with manufacturer.
f . Hardscape and landscape material selection .
g. Cost estimate and life-cycle costing .
h. Value engineering.
i. Community presentation meetings (up to 2).
j . Attend and have consultants attend the coordination meetings (up to 4).
k. 30% submittal to include (at a m inimum) plans, design rendering, and specification for all
disciplines for quality control review .
I. Design budgetary cost est imate.
m. Value engineering.
C. Design Development Phase to include but not be limited to the following services:
a. Streetscape layouts.
b. Boundary verification and layout s.
c. Underground utility investigation and design in coordinati on with the utility compani es for
gas, water, sewer, storm water, telephone, cable, fire, and etc.
d. Refinement of Schematic design phase .
Jl agc 15 of 19
e. Provide design (plans elevations and renderings) for the following:
i. Landmark features;
ii. East and west entries;
iii. Treatment at Open Channel;
iv. Billboards and signage;
v. Street lighting;
vi. Landscape lighting;
vii. Landscape irrigation;
viii. Sidewalks;
ix. Curb ramps;
x. Transit Stops;
xi. Rest areas;
xii. Tree planting;
xiii . Median islands;
xiv . Improvement to underground utilities;
xv. Crosswalks;
xvi. Accent nodes;
xvii. City entry and exit signs;
xviii. Traffic signals;
xix. Traffic sign posts;
xx. Public arts;
xxi. Transit shelters;
xxii . Street furniture;
xxiii. Bulb-outs; and
xxlv. Other design idea such as bike lanes, news paper stand, traffic control cameras,
security camera, etc.
f. Addressing issues related to residential and commercial properties' entrances and exits .
g. Traffic engineering issues .
h. Detailed layout plans for treatment of special locations and issues .
i. Respond to issues and questions from the owner and other team members.
j. Research and specification preparation for material and finishes-specification sheet and
samples to be provided.
k. 60% submittal to include (at a minimum) plans, specifications for all disciplines for quality
control review.
I. Design Development Cost estimate.
m. Value engineering.
n. Community presentation meeting (1).
o. Attend and have consultants attend the coordination meetings (up to 4).
p. Attending City's council meetings (once a month).
D. Construction Document Phase to include but not be limited to the following services:
a. Preparation of complete working drawings to include all design disciplines.
b. Preparation of technical specifications for all divisions.
c. Preparation of final cost estimate.
d. Coordination and submission of the complete construction documents to jurisdictional
agencies and incorporation of the suggested corrective work into the construction sets for
all disciplines .
Page 16 of19
e. Addition of the selected bid alternates into the construction and bid documents.
f. Submission of 100% construction documents and cost estimate for constructability review
by the construction manager.
g. Receive, review, and incorporate the constructability review comments into the final set
of the documents.
h. Attend and have consultants attend the coordination meetings (up to 4).
i. Attending community outreach and design meeting (1).
j. Attending City's council meetings (once a month).
E. Bid and Award Phase to include but not be limited to the following services:
a. Respond to questions from bidders and City staff.
b. Assist in preparing bid addenda .
c. Attending bid job walks .
d . Attending bid opening conference.
F. Construction Administrative Phase to include but not be limited to the following services:
a. Attend preconstruction conference .
b. Provide response to RFis .
c. Rev iew and response to submittals .
d. Attend weekly progress meetings and attend the job site walks.
e. Attend special design meetings with contractor.
f. Attending City's council meetings (once a month).
g. Addressing design issues with j urisdictional agencies.
h. Attending (with the design consultants) to punch list walk and prepare punch list.
i. Attend the punch list verification walk with sub -consultants and the contractor.
j. Review Owner Operations & Maintenance Manual.
k. Address clos e out issues with jurisdictional agencies for each phase of construction .
I. Provide final report for all disciplines.
A.2 PROJECT SCHEDUlE
Please see attached sample master schedule.
Page 17 of 19
APPENDIX B-SAMPLE STANDARD AGREEMENT
CITY OF TEMPLE CITY
REQUEST FOR QUALIFICATIONS (RFQ}
AND
REQUEST FOR PROPOSALS (RFP)
FOR
LAS TUNAS DRIVE SAFETY ENHANCEMENTS AND BEAUTIFIATION PROJECT
ARCHITECTURAL DESIGN SERVICES
Page 19 of 19
CONSULTANT SERVICES AGREEMENT
By and Between
THE CITY OF TEMPLE CITY,
A Municipal Corporation
and
Appendix "B"
AGREEMENT FOR CONSULT ANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
Appendix "B''
This Agreement for Consultant Services ("Agreement") is entered into as of this __ day of
____ , 2012 by and between the City of Temple City, a municipal corporation ("City") and
--------' a ("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 issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Section 2 of this Agreement.
B. Consultant, following submission of a proposal or bid 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. 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.
D. 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. TERMS 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 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" and made
a part of this Agreement.
-1 -
Appendix "B"'
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" and made a part of this Agreement . The total
compensation, including reimbursement for actual expenses, shall not exceed
dollars ($ ), 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.
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. Sub-consultant charges shall be detailed by the following categories : labor, travel, materials,
equipment and supplies . 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.
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. City shall
reject work by written explanation . 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.
-2-
Appendix "B"
SECTION 6. CITY OF TEMPLE CITYSHIP 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 records shall be made available at
Consultant's address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be
maintained pursuant to this section may be lost or discarded due to dissolution or termination of
Consultant's business, City may, by written request, require that custody of such documents or records
be given to the City and that such documents and records be maintained by the requesting party.
Access to such documents and records shall be granted to City, as well as to its successors-in-interest
and authorized representatives.
SECTION 8. STATUS OF CONSULTANT.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an
officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to
incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or
-3 -
Appendix "B ..
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 cla im 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.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps ,
models, designs, drawings, photographs, stud ies , surveys, reports , data, notes, computer files , files or
other documents prepared, developed or discovered by Consultant in the course of providing any
service s pursuant to this Agreement, Consultant's guarantees and warranties related to Standard of
Performance shall not extend to such use of the maps, models, designs, drawings, photographs , studies,
surveys , reports, data , notes, computer files, files or other documents .
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES .
Consultant shall keep itself informed of and comply with all applicable federal , state and local
Jaws , 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. No (elected or appointed) Temple City board member, officer,
official, employee, or agent, 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
preva iling wage rates pursuant to the California Labor Code or regulat ions promulgated there under:
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.
-4-
Appendix "B''
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race, color,
religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status
in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A . §§ 1101, et ~·· as amended, and in connection therewith,
shall not employ unauthorized aliens as defined therein . Should Consultant so employ such
unauthorized aliens for the performance of work and/or services covered by this Agreement , and should
the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant
hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed,
together with any and all costs , including attorneys' fees, incurred by City .
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City
or which would in any way hinder Consultant's performance of services under this Agreement.
Consultant further covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent or subcontractor without the express
written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Consultant is, as of the date of execution of
this Agreement , independently involved in the performance of non-related services for other
governmental agencies and private parties. Consultant is unaware of any stated position of City relative
to such projects. Any future position of City on such projects shall not be considered a conflict of
interest for purposes of this section.
(c) City understands and acknowledges that Consultant will, perform non-related services
for other governmental agencies and private parties following the completion of the scope of work
under this Agreement. Any such future service shall not be considered a conflict of interest for purposes
of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Consultant in performance of this
Agreement shall be considered confidential, unless such information is in the public domain or already
known to Consultant. Consultant shall not release or disclose any such information or work product to
persons or entities other than City without prior written authorization from the City Manager, except as
may be required by law.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior
written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily
provide declarations, letters of support, testimony at depositions, response to interrogatories or other
information concerning the work performed under this Agreement. Response to a subpoena or court
- 5 -
Appendix "B'"
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 reim-
bursement 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 there under. 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.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional
standard of care for Consultant's Services, to the fullest extent permitted by law, 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 losses, liabilities, damages, costs and expenses,
including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or
wrongful act, error or omission of 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.
(b) Indemnification for Other than Professional Liability. Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend
and hold harmless City, and any and all of its employees, officials and agents from and against any
liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened,
including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where
the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the
performance of this Agreement by Consultant or by any individual or entity for which Consultant is
legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant.
(c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity
Agreements with provisions identical to those set forth here in this section from each and every sub-
contractor or any other person or entity involved by, for, with or on behalf of Consultant in the
performance of this Agreement. 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 here is binding on the successors, assigns or heirs of Consultant and shall survive the
termination of this Agreement or this section.
(d) limitation of Indemnification. Notwithstanding any prov1s1on of this Section 16
[Indemnification) to the contrary, design professionals are required to defend and indemnify the City
-6-
Appendix "8''
only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design
professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceeding s, losses , expenses or costs that arise out of, pertain to, or relate to the negligence,
recklessness , or willful misconduct of the design professional. The term "design professional," as
defined in Section 2782 .8, is limited to licensed architects, licensed landscape architects, registered
professional engineers, professional land surveyors, and the business entitles that offer such services in
accordance with the applicable provisions ofthe California Business and Professions Code.
(e) 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 omis sions 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 ~he term of this
Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this
Agreement. All insurance policies shall be subject to approval by City as to form and content. These
requirements are subject to amendment or waiver if so approved in writing by the City Manager.
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 Agreement without the prior written
consent of the City Council . Any attempted as signment 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 th is Agreement, prior to and during any such
performance .
SECTION 20. TERMINATION OF AGREEMENT .
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty
(30) days written notice of termination to Consultant. In the event such notice is given , Consultant shall
cease immediately all work in progress .
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days
written notice of termination to City .
Appendix "B"
(c) If either Consultant or City fails 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.
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 furni shed 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 telecopy or certified mail, postage prepaid and return receipt
requested , addressed as follows:
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To City:
To Consultant:
City of Temple City
Attn : City Manager
9701 Las Tunas Drive
Temple City, CA 91780
Appendix "B"
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. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
SECTION 27. MODIFICATION OF AGREEMENT.
On behalf of City, the City Manager shall have the power to administer and implement this
Agreement, including making minor amendments and modifications hereto. No minor amendment to
or modification of this Agreement shall be valid unless made in writing and approved by the Consultant
and by the City Manager. No major amendment to or modification of this Agreement, which is defined
for purposes of this section to mean any amendment or modification which increases the amount of
compensation due the Consultant pursuant to Section 4 [Compensation and Method of Payment] shall
be valid unless made in writing and approved by the Consultant and the City Council. The parties agree
that this requirement for written modifications cannot be waived and that any attempted waiver shall
be void.
SECTION 28. 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 or 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.
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Appendix "B''
SECTION 29. 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 30. ATIORNEYS 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 31. 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 statement, representation or other Agreement,
whether oral or written, made by any party which is not embodied herein, shall be valid and binding. No
amendment to this Agreement shall be valid and binding unless in writing duly executed by both parties
or their authorized representatives.
SECTION 32. 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
By: ______________ _
City Manager
ATIEST:
City Clerk
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Appendix "B''
APPROVED AS TO FORM
By : __________________ _
City Attorney
By : ______________ _ By: _____________ _
Its :--------------Its : --------------------
NOTE : CONSULTANT'S SIGNATURES SHAll BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS
SHAll BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER
RULES OR REGULATIONS APPLICABLE TO DEVElOPER'S BUSINESS ENTITY .
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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 true
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
D INDIVIDUAL
0 CORPORATE OFFICER
0
0
0
0
D
PARTNER(S}
TITLE(S)
D
D
LIMITED
GENERAL
ATIORNEY-IN-FACT
TRUSTEE(S}
GUARDIAN/CONSERVATOR
OTHER ____________ __
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES}}
A #4814-2021-6581 vi
DESCRIPTION OF A IT ACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
12
CALIFORNIA All-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On ------J __ before me, ------..J personally appeared-------'
0 personally known to me -OR -0 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.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
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
0 INDIVIDUAL
0 CORPORATE OFFICER
D
D
D
0
D
PARTNER(S)
TITLE(S)
D
0
LIMITED
GENERAL
ATIORNEY-IN-FACT
TRUSTEE{S)
GUARDIAN/CONSERVATOR
OTHER _____________ __
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
LA 114 81 4-2021-6581 vi
DESCRIPTION OF A IT ACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
13
EXHIBIT "A"
SCOPE OF SERVICES AND RESPONSIBILITIES
I. CONSULTANT'S SCOPE OF SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING :
{All work to be coordinated with the City's Construction Manager):
1-A. Pre-design phase to include but not be limited to the following services:
1 . Attend design orientation .
2. Set management communication system with construction manager and all design
consultants.
3. Prepare design program .
4. Prepare milestone A/E schedule in coordination with the selected consultants .
S. Update A/E schedule as needed for integration into the master schedule.
6. Review documents provided on the attached DVD.
7. Boundary verification and layouts.
8. Where applicable underground utility investigation and design in coordination with
the utility companies for gas, water, sewer, storm water, telephone, cable, fire, and
etc.
1-B. Schematic Design Phase to include but not be limited to the following services:
1. Project start up and design investigation work.
2. Condition verification.
3. Development of Schematic design .
4. Product investigation, selection, and coordination with manufacturer.
5. Street Furnishing Selections and coordination with manufacturer.
6. Street Lighting Design.
7. Hardscape and landscape material selection .
8. Cost estimate and life-cycle costing.
9. Community presentation meetings (up to 2).
10. Attend and have consultants attend coordination meetings (up to 4).
11. 30% submittal to include (at a minimum) plans , design rendering, and specification for
all disciplines for quality control review .
12. Design budgetary cost estimate.
13. Value engineering.
1-C. Design Development Phase to include but not be limited to the following services:
1. Streetscape layouts .
2. Refinement of Schematic design phase.
3. Provide design (plans elevations and renderings) for the following:
a. Landmark features;
b. East and west entries;
c. Treatment at open channel;
d. Billboards and signage;
e. Street lighting;
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f. Landscape lighting;
g. Landscape irrigation, drainage, and sustainability;
h. Sidewalks ;
i. Curb ramps;
j. Transit Stops;
k. Rest areas;
I. Tree planting;
m. Median islands ;
n. Improvement to underground utilities;
o. Crosswalks;
p. Accent nodes;
q. City entry and exit signs;
r. Traffic signals;
s. Traffic sign posts;
t . Public arts ;
u. Transit shelters;
v. Street furniture;
w. Bulb-outs; and
x. Other de sign ideas such as bike lanes, newspaper stands, traffic control
cameras, security camera, etc.
4. Addressing issues related to residential and commercial properties' entrances and
exits.
a. Traffic engineering issues .
b. Detailed layout plans for treatment of special locations and issues .
c. Respond to issues and questions from the City of Temple City and other team
members.
d. Research and specification preparation for material and finishes-specification
sheet and samples to be provided.
e. 60% submittal to include (at a minimum) plans, specifications for all disciplines
for quality control review.
f . Design Development Cost estimate.
g. Value engineering.
h. Community presentation meeting (1 time).
i. Attend and have consultants attend the coordination meetings (up to 4 times).
j. Attending City's council meetings (1 time).
1-D. Construction Document Phase to include but not be limited to the following services:
1. Preparation of complete working drawings to include all design disciplines.
2. Preparation of technical specifications for all divisions.
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3. Preparation of final cost estimate.
4. Coordination and submission of the complete construction documents to
jurisdictional agencies and incorporation of the suggested corrective work into the
construction sets for all disciplines .
5. Addition of the selected bid alternates into the construction and bid documents.
6. Submission of 100% construction documents and cost estimate for constructabillty
review by the construction manager.
7 . Receive , review, and incorporate the constructability review comments into the final
set of the documents.
8. Attend and have consultants attend the coordination meetings (up to 4 times).
9. Attending community outreach and design meeting (1 time).
10. Attending City's council meetings (1 time).
1-E. Bid and Award Phase to include but not be limited to the following services :
1. Respond to questions from bidders and City staff.
2. Assist in preparing bid addenda.
3. Attending bid job walks .
4. Attending bid opening conference .
1-F. Construction Administration Phase to include but not be limited to the following services:
1. Attend preconstruction conference.
2. Provide response to RFis .
3. Review and response to submittals.
4. Attend weekly construction progress meetings and attend the job site walks.
5. Attend special design meetings with contractor.
6. Addressing design issues with jurisdictional agencie s.
7. Attending (with the design consultants) to punch list walk and prepare punch list.
8. Attend the punch Jist verification walk with sub-consultants and the contractor.
9. Review of final close-out document from contractor, including as-builts, warranties ,
O&M manuals plant maintenance etc.
10. Address close out issues with jurisdictional agencies.
11. Provide final report for all disciplines.
12. Prepare record drawing from contractor's red-lined as-built.
II . AS PART OF THIS CONTRACT, CONSULTANT WILL BE RESPONSIBLE FOR THE FOLLOWING :
11-A. Pre-Design Phase: Condition Assessment and Validation Review and validate the document
provided by City, including Temple City Downtown Specific Plan, Comprehensive Downtown
Parking Strategic Plan, and Temple City Traffic Calming Master Plan . Identify in writing any
significant variations .
11-B. Schematic/ Design Development Phase: Development of Schematic Design Documents for
the City of Temple City. Development of Design Development Documents ba sed upon
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approval of Schematic Design, design documents and any adjustments authorized by the
City of Temple City to the Program Schedule or Construction Budget.
11-C. Construction Document Phase : Development of Construction Documents based upon the
approved Design Development Documents and any further adjustments in the scope or
quality of the Project or in the Construction Budget authorizes by the City of Temple City.
li-D. Bid and Award Phase: Consultant, following the City of Temple City's approval of the
Construction Documents shall assist the City of Temple City in clarifying, interpreting and
amending bid documents and attend the did and award meetings .
11-E. Construction Phase: Provide support services during the construction phase.
Ill. DURING PERFORMANCE OF THE SERVICES, CONSULTANT WILL KEEP THE CITY APPRISED OF THE
STATUS OF PERFORMANCE AND AGREES TO PROVIDE THE SERVICES DESCRIBED BELOW :
111-A. Basic Services: Consultant agrees to provide the services described below:
1. Determine the agencies that have jurisdiction over the area of work and coordinate with
and implement the requirements of the regulatory agencies.
2. Contract for or employ at consultant's expense, sub-consultants to the extent deemed
necessary for completion of the Project including: architects; electrical/lighting, civil
engineers, traffic engineer, mechanical and plumbing engineer, landscape architects
(and others as necessary) licensed as such by the State of California. The names of said
sub-consultants shall be submitted to the City of Temple City for approval prior to
commencement of work. The City of Temple City reserves the right to reject the use of
any sub-consultants. Nothing in the forgoing procedure shall create any contractual
relationship between the City of Temple City and any sub-consultants employed by the
consultant under terms of this Agreement.
3. Agree to exercise usual and customary professional care in its efforts to comply with all
laws and regulations which apply to work of this Agreement.
4. Cooperate with other professionals employed by the City of Temple City for the design,
coordination or management of work related to the Project. The City of Temple City has
retained the services of a Construction Manager (CM) to act as a "City of Temple City's
Representative" in an advisory capacity on the project. In providing the Construction
Manager's Services described in this Agreement, the CM shall not assume any of the
responsibilities or duties of the Contractors or the Design Professional. The Architect
remains solely responsible for the contents of design drawings and design documents.
S. Attend coordination meetings during the entire design phase with his sub-consultants,
consultant shall invite the City of Temple City and/or its representative to participate in
these meetings. The consultant shalt keep a separate log to document
design/coordination comments generated in these meetings.
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6. Review subsoil data, and other information furnished to consultant pursuant to this
Agreement and advise the City of Temple City whether such data are sufficient for
purposes of design, or whether additional data are necessary .
7. Be responsible for the professional quality, technical accuracy and the coordination of
all studies, reports, projections, master plans, designs, drawings, specifications and
other services furnished by consultant under this Agreement. The consultant shall,
without additional compensation, correct or revise any errors or omissions in its studies,
reports, projections, master plans , design, drawings, specifications and other services.
If desired by the City of Temple City and agreed to by the consultant, consultant shall
provide other required services to determine such compliance not specifically identified
and included in the scope of this Agreement through an amendment to this Agreement,
as an additional service.
8. Provide services required to obtain approval from the local and federal agencies having
jurisdiction over the Project.
9. Review the existing grading, drainage, horizontal control, and utility infrastructure plans
to assist in preparation of the new design drawing for this project. The services
described in this Subparagraph shall be provided by a professional civil engineer who is
to subcontract with the consultant.
10. Consultant to document the location of existing utility lines, telephone, water and
sewage, etc., within the limits of the City of Temple City on~site property. This
information shall be provided by the City of Temple City . The consultant must verify the
capacity of all existing project utilities.
11. Maintain a log of all meetings, site visits or discussions held in conjunction with the work
of this Project, with documentation of major discussion points, observations, decisions,
questions or comments. These shall be furnished to the City of Temple City and/or their
representative for inclusion in the overall project documentation .
12. Utilize the standardized filing system as established by the City of Temple City.
13. The consultant is not responsible for:
a. Ground contamination or hazardous material analysis.
b. Any asbestos testing, design or abatement .
c. Environmental impact report.
d. Historical significance report.
e. Soils investigation.
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f. Geotechnical hazard report.
g. Topographic survey.
14. Neither the City of Temple City's review, approval of, nor payment, for any of the
services required under this Agreement shall be construed to operate as a waiver of any
rights under this Agreement, and consultant shall remain liable to the City of Temple
City in accordance with applicable law for all damages to the City of Temple City caused
by consultant's failure to perform any of the services furnished under this Agreement .
Ill-B. DESIGN SERVICES TASK 1: Consultant agrees to provide the services described below:
1. Project Initiation:
Upon final execution of the Contract with the City of Temple City, the consultant shall:
a. Within the first week following execution of the contract, meet with the City of
Temple City and their representatives to prepare a detailed task analysis and work
plan for documentation in a computer generated project schedule. The City of
Temple City will produce the final scheduling format based on data furnished by
consultant.
This task analysis and work plan will identify specific tasks including, but not limited
to: interviews, data collection, required City of Temple City filing standards,
analysis , report preparation, planning, Architectural programming, concepts and
schematic design preparation and estimating that are part of the work of the
Project. Also identified will be milestone activities or dates, specific task
responsibilities, required times for completion and additional definition of
deliverables.
b. Review the developed work plan with the City of Temple City and their
representatives to familiarize them with the proposed tasks and schedule and
develop necessary modifications.
c. Participate in a general Project kick-off meeting to include the consultant's
appropriate sub-consultants, and City of Temple City staff.
i. The project kick-off meeting will introduce key team members from the City of
Temple City and the consultant to each other defining roles and responsibilities
relative to the Project.
ii. Identify and review pertinent information and/or documentation necessary
from the City of Temple City for the completion of the Project.
iii. Review and explain the overall project goals, general approach, tasks, work
plan and procedures and deliverable products of the Project.
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iv. Review and explain the task analysis and project work plan for all parties
present; determine any adjustments or fine tuning that needs to be made to
the work plan.
v. Review documentation of the project kick-off meeting prepared by the City of
Temple City's representative and comment prior to distribution.
2. Development of Architectural Program: Perform pre-design investigations to establish
appropriate guidelines around which and within which the Project is to be designed. Identify
design issues relating to functional need, directives and constraints imposed by regulatory
codes.
a. Provide a design information check list identifying critical issues affecting project
completion and certification; significant site considerations; applicable planning and
zoning requirements; applicable code requirements; applicable fire and life safety
requirements; and water runoff requirements; electrical power service and
requirements.
b. Conduct Architectural program meeting with the City of Temple City selected
project committee .
c. Develop probable construction cost for the Project; probable costs are to be based on
the developed functional Architectural programs as approved by the City of Temple
City.
i. Probable costs prepared by the consultant:
i(a) All costs are to be based on current bid prices, with escalation rate and
duration clearly identified as a separate line item; rate of cost escalation and
projected bid and construction dates are to be as approved by the City of
Temple City and their representatives.
l(b) Contingencies for design, bidding or construction, if included in the probable
costs, are to be included as individual line items, with the percentage and
base of calculation clearly Identified.
i{c) All construction probable costs developed per the above should additionally
be presented and summarized by the Construction Specification Institute (CSI)
category for the project.
I( d) One week prior to the submittal of documents, the consultant's proposed
cost format must be submitted to the City of Temple City for review and
approval.
i(e) Sub-consultants shall participate in the progress meeting as appropriate and
shall provide input and feedback into the development of the probable cost.
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3. Site Master Planning: Prepare a new Master Site Plan configuration for the proposed work.
The development of this new Master Site Plan should incorporate or be based upon
completion of the following tasks:
a. Assist the City of Temple City conducting initial, intermediate and final community
meetings to solicit feedback, comments, and concerns from the community.
b. Document and take into consideration existing physical characteristics of the proposed
site such as topography, drainage, plant coverage, views to and from the proposed site,
current site usage and potential for future site development.
d. Analyze the proposed site existing conditions relative to potential effect on master
planning circulation, access, parking, constructability, businesses and future
development potential.
e. Develop a Master Site Plan showing in detail the temporary construction safety
measures for safe traffic movement during each phase of construction.
4. Meeting: During the Architectural Programming Design Phase it is anticipated that
approximately two (2) meetings per month, will be convened between the City of Temple
City and the consultant. These meeting will not exceed one day in duration and will be held
in City of Temple City. Decisions made at such meetings and subsequently approved by the
City of Temple City shall be binding. Any revisions or reconsiderations of such decisions shall
constitute a change in the scope of services of the consultant.
5. Deliverables: Consultant:
a. Shall provide to the City of Temple City the following quantities of materials resulting
from the work of the Project :
Copies :
Six (6) -of Functional and Architectural Program Report. (Include a comparison
between developed program and "model" program; include narrative
explaining any substantial deviations).
Six (6) -of Master Site Plan.
Six (6) -of Project Probable Cost.
One (1)- . copy of De sign Information Checklist.
Six (6) -of the collected meeting notes, notes, visit or telephone reports, interview
minutes or notes, and summary correspondence.
b. consultant along with his sub-consultant shall present and review with the City of
Temple City and the City Council the summary and detail of the work mentioned
above.
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5. Project Cessation Provisions: Upon completion and review of the functional and
Architectural program and master site planning, no further work shall be done unless and
until the City of Temple City has approved the completed work for Design Services Task I and
has given a written Notice of proceed to consultant for Design Services Task II.
Ill-C. DESIGN SERVICES TASK II
1. Schematic Design: Schematic Design : Upon written authorization from the City of
Temple City, to proceed with the Schematic Design Phase . The consultant shall prepare
for the City of Temple City's review a Schematic Design Study for all disciplines to
include the following:
a. Scaled street plans showing all intersections, driveways, entrances, features and
their relationships .
b. Site plan with minimum one (1) foot contour grade intervals. All major site
development, such as paving, utilities and facilities shall be shown, including City 's
property lines, existing structures, and walls and fences . The information provided
on the drawing shall include all structure and infrastructure within seventy five
(75') feet outside of the project construction limits on all sides.
c. Identify code requirements;
d. As needed structural drawing for the Road bed and street pavements; and
e. Mechanical and plumbing: for any possible infrastructures that may impact the
project
f . Coordination with local utility companies, and provide information and coordinate
drawing for street light design, traffic and pedestrian signals.
g. Development of site utility systems such as electrical, sewer, gas, water, storm
drain, telephone, cable and fire hydrants.
h. Identify surface improvements including roadways, pedestrian sidewalks, parking
preliminary finish grades and drainage.
i. Development and coordination of landscape design concepts entailing analysis of
existing conditions and proposed components . Include location and description of
planting, ground improvements and visual barriers.
j. Development and coordination of design for pedestrian cross walks, pedestrian
signal lights, traffic signals and roadway safety issues entailing analysis of existing
conditions and proposed components . Include location and description of the
existing and proposed components .
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k. Specifications: for all disciplines: Outline specifications of proposed work for all
disciplines (consultants and sub-consultants work) and their criteria and quality
standards.
I. Probable Costs:
i. Schematic Probable costs: This probable cost consists of unit cost applied to the
major items and quantities of work. The unit cost shall reflect the complete
direct current cost of work. Complete cost meaning labor, material, waste
allowance, sales tax and subcontractor's mark-up.
General conditions shall be applied separately. This probable cost shall be
prepared by specification section and summarized by the Construction
Specification Institute (CSI) category.
ii. The probable cost format shall be submitted to the City of Temple City for prior
review and approval.
iii. Escalation : All probable costs shall be priced out at current market conditions.
The probable costs shall incorporate all adjustments as appropriate, relating to
mid-point construction, contingency, and cost index.
m . Meetings : During the Schematic Design Phase it is anticipated that two (2) weekly
meeting per month between the City of Temple City and the consultant to address
specific design issues and to facilitate the decision-making process . Such meetings
shall be held in City of Temple City office. Decisions made at such meetings and
subsequently approved by the City of Temple City shall be binding. Any revisions or
reconsideration of such decisions shall constitute a change in the scope of services
of the consultants .
n. Deliverables:
Copies :
Six (6) -Schematic Design Package submittal with alternatives.
Four (4)-Probable Cost .
Two (2)-statement indicating changes made to the program/master plan.
Two (2)-Project file, including all correspondence, meeting notes, etc. to date.
o. Presentation: consultant along with his sub-consultants shall present and review
with the City of Temple City and the detailed Schematic Design . The schematic
design studies shall be revised within the program parameters until a final concept
has been accepted and approved by the City of Temple City at no additional cost to
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the City of Temple City. The final schematic design may have to be presented at a
community meeting as well.
p. Project Cessation Provisions: Upon completion of the schematic design study, the
City of Temple City shall have the right to terminate this Agreement upon written
notice of such termination to consultant.
The City of Temple City shall pay the consultant only the fee associated with the
services provided under the Schematic Design Phase.
2. Design Development: Upon written authorization by the City of Temple City to proceed
with the Design Development Phase, consultant shall pre pare from the Schematic
Design Phase documents approved by the City of Temple City, Design Development
Phase documents consisting of the following:
a. Architectural and all other disciplines (consultant and sub-consultants work):
i. Scaled, dimensioned plans for the street and its components.
ii. Scaled cross road sections showing dimensional relationships, materials and
component relationships.
iii. Identification of all fixed equipment to be installed in contract.
iv. Plan to be completely drawn with beginning notes and dimensions including
grading and paving.
v. Preliminary development of details and large-scale blow-ups.
vi. Legend showing all symbols used on drawings.
vii. Plans identifying all major equipment and furniture.
viii. Further refinement of SD outline specification for architectural, and all
engineering design work, and landscape manuals, systems and equipment.
ix. Lighting plans and specification for the street, showing: (work to be
coordinated with SCE)
ix(a) Light fixtures options;
ix(b) Power plans; and
ix(c) Installation detail and sections.
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b. Electrical:
i. All lighting fixtures should be located and scheduled showing all types and
quantities of fixtures to be used, including proposed lighting levels .
ii. All major electrical equipment at point of connections should be scheduled
indicating size and capacity.
iii. Complete electrical distribution including a one line diagram indicating point
of connections, communications, controls; (high and low voltage) motor
control centers, panels, transformers and emergency generators, if required .
iv. Legend showing all symbols used on drawings .
v. More developed outline specifications indicating quality level and
manufacture.
c. Civil:
i. Further refinement of SO development of site utility systems for sewer, water,
storm drain, gas, and fire water. Includes pipe sizes, materials, invert elevation
location and description of manholes, clean outs, hookups, bedding and
installation details.
ii . Further refinement of SO drawing related roadways, sidewalks, bulb outs,
parking , medians, cross walks, transit stops and shelters, rest area furniture,
entry and exiting locations, driveways, curb and gutters, storm drainage
improvements and ADA path compliance issues. Include details and large
scale drawings of curb and gutter, manhole, thrust blocks, paved parking and
roadway sections.
iii. Structural drawing with all major members located and sized as they may
apply to some of the elements on the street such as road bed and possible
retaining wall modifications .
iv. Preliminary specifications.
d. Landscape :
Further refinement of Schematic Design concepts. Includes coordination of
hardscape, landscape planting, ground cover, and irrigation main distribution lines.
e. Traffic Engineer:
Further Development and coordination of design for pedestrian cross walks ,
pedestrian signal lights , traffic signals and roadway safety issues . Include
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specificat ion for the proposed components . Identify and coord inate the layout of
the proposed components with the City of Temple City's Traffic Engineer.
f. Lighting designer:
Provide plan and specification for the street lighting selection and alternatives such
as energy saving options.
g. City of Temple City to provide general condition specification and supplementary
conditions.
h. Probable Cost :
Design Development Probable Cost : This probable cost shall be prepared by
specification section, summarized by CSI category. The probable cost shall include
individual item unit costs of materials, labor and equipment. Sales tax, contractor's
mark-ups, and general conditions shall be listed separately.
i. Meetings: During the Design Development Phase it is anticipated that two (2}
meetings per month will convene to address specific design issues and to facilitate
the decision making process such meeting shall not exceed one day in duration and
will be held in the City of Temple City office. Documented decisions made at such
meetings and subsequently approved by the City of Temple City shall be binding.
Any revisions or reconsiderations of such decisions affecting program, master plan
and schematic design shall constitute a change in the scope of services of the
consultant . City of Temple City and consultant shall schedule progress meetings to
coincide with the consultant's coordination meeting.
j. Deliverables:
Copies.
Three (3}-prints from all professional disciplines necessary to deliver the project
Four (4} -Outline Specifications
Four (4} -Probable Cost
Two (2) -Permit File, includ ing rut correspondence, meeting notes, etc. to
date
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3. Construction Document: Upon written authorization from the City of Temple City to
proceed with the Construction Documents Phase, consultant shall prepare from Design
Development Phase Documents approved by the City of Temple City, a Construction
Document consisting of the following:
a. Prepare construction documents in compliance with the appropriate applicable
building codes, ordinances and other regulatory authorities;
b. Construction Documents (C/D) 30% stage;
i. Architectural:
i(a) Site plan developed to show component location, all topographical
elements and if applicable existing/proposed contour lines.
i(b) Cross sections and plans corrected to reflect design development review
comments.
i(c) Architectural details and large blow-ups.
i(d) Well-developed component schedules.
i(e) Site utility plans started .
i(f) Fixed equipment details and identification started .
i(g) Street plans coordinated with all other disciplines.
ii. Electrical and lighting:
ii(a) Distribution information on all power consuming equipment; lighting
and device branch wiring development should be started .
ii(b) All electrical equipment schedules should be started.
ii(c) Special system components should be approximately located on plans .
ii(d) Street Lighting, power, signal and communication plan s should show all
controls. Fixture schedule and lighting detail development should be
started.
iii. Civil :
iii(a) All site plans , site utilities, parking and roadway systems updated to
reflect update revisions from Design Document.
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iii( b) Structural plans and sections with detailing well advanced.
iii(c) Miscellaneous Structural footing and foundation plans as needed, with
detailing.
iii(d) Completed cover sheet with general notes, symbols and legends.
iv. Landscape: All landscape, hardscape and irrigation plans updated to reflect
update revisions from Design Documents.
v. Probable cost: Update and refine the Design Development Phase Probable
cost.
vi. Specifications:
vi(a) Virtually complete development and preparation of technical
specifications describing materials, systems and equipment,
workmanship, quality and performance criteria required for the
construction of the Project.
Where articles, materials and equipment are identified by brand names,
at least two names shall be used, and such names shall be followed by
the words "or approved equal" in accordance with Public Contract Code,
Section 3400. Specifications shall not contain restrictions that will limit
competitive bids other than those required for maintenance
convenience by the City of Temple City.
vi(b) Coordination of the development of specifications by other disciplines.
vi( c) Specification shall be in CSI format.
c. Construction Documents 60% stage;
i . Architectural:
i(a) Nearly complete site plan.
i(b) Nearly complete plans, elevations and sections.
i(c) Architectural details and large blow-ups near completion.
i(d) Fixture schedules nearly complete, including most details.
i(e) Site utility plan nearly complete.
i(f) Fixed equipment details and identification nearly complete.
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i(g) Provide Finish Schedule (with the exceptions of colors) identifying type
of material. Architect to recommend color selection for approval by the
City ofT em pie City.
i(h) All equipment catalog cuts .
ii. Electrical and Lighting:
ii(a) Lighting, power, signal plan(s) should reflect all switching and controls.
Fixture schedule(s) should be near completion .
ii(b) Distribution information on all power consuming equipment; lighting
and device branch wiring should be near completion.
ii(c) All electrical equipment schedules should be near completion .
ii(d) Special system components should be located on plans.
iii. Civil :
iii(a) All site plans, site utilities, and roadway systems updated to reflect
update revisions from 30% CO's.
iii(b) Completed structural plans and sections with advanced detailing.
iv. Landscape:
All landscape, hardscape and irrigation plans updated to reflect update
revisions from 30% CO's and be nearly completed.
d. Construction Documents-Substantial Completion Stage;
i. Architectural :
i(a) Completed site plan .
i(b) Completed plans, elevations and sections.
i(c) Architectural details and large blow-ups completed.
i(d) Fixture schedules completed, including all details.
i(e) Site utility plans completed.
i(f) Fixed equipment details and identification completed.
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ii. Electrical and lighting:
ii(a) Lighting and power plan should show all switching and controls. Fixture
schedule and lighting details should be completed.
ii(b) Distribution information on all power consuming equipment, including
lighting, power, signal and communication device(s) branch wiring
completed.
ii(c) All electrical equipment schedules completed.
ii(d) Special sy stem components plans completed .
ii(e) Electrical load calculations completed.
iii. Civil :
iii(a) All site plans, site utilities, and roadway systems completed.
iii(b) Structural plans and sections with detailing completed.
iii(c) Structural calculations completed.
iv. Probable Cost :
Update and refine the 30% Construction Document Probable cost .
v. Specifications :
v(a) Complete development and preparation of technical specifications
describing materials, systems and equipment, workmanship, quality and
performance criteria required for the construction ofthe Project.
Where articles, materials and equipment are identified by brand names,
they shall be followed by the words "or approved equal" in accordance
with Public Contract Code, Section 3400.
Specifications shall not contain restrictions that will limit competitive
bids other than those necessary for City of Temple City maintenance
requirements.
At one hundred percent (100%) review, the specification shall comply
with all applicable funding restrictions, if any, in addition to pubic
contract code and shall be reviewed by the City of Temple City and
corrections made as directed at no cost to the City of Temple City.
v(b) Coordination of the development of specifications by other disciplines .
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v(c) Specifications shall be in CSI format.
e. Constructability Review: In addition to Quality Control measures by
consultant, the City of Temple City will conduct a Constructability Review (CR)
at the 90% design stage, prior to submission to jurisdictional approvals . CR
shall be performed using on-line system for the City of Temple City to post
comments on the construction documents to the consultant and its team
members. Consultant and its team members shall review and respond to all
comments on-line, and shall be responsible for incorporating all valid
comments into a revised set of documents. Consultant and its team members
will be responsible to attend a CR-reconciliation meeting. The City of Temple
City may perform a back check on the revised documents, which may produce
a second set of comments, which to which consultant shall respond all valid
comments . By performing the reviews described herein, the City of Temple
City is not acting in a manner so as to assume responsibility or liability, in
whole or in part, for all or any part of the Project design and design
documents. The Architect remains solely responsible for the contents of
design drawings and design documents;
f . Construction Documents (C/O) Final Stage : The construction document final
stage shall be for the purpose of the consultant incorporating all Regulatory
Agencies' comments into the drawings, specifications, and probable cost. All
corrections made by the consultant during this stage should be at no
additional cost to the City of Temple City;
The final contract documents delivered to the City of Temple City upon
completion of the consultant's work shall consist of the following:
i . Drawings : Original tracings of all drawings on consultant's tracing paper
with each consultant/sub-consultant's State license stamp .
ii. Specifications: Original typed technical specifications on reproducible
masters in CSI format.
iii. Update and refine the sub-consultant's completed Construction
Documents .
g. Construction Final Back-Check Stage: Make corrections as required, to reflect
regulatory agencies' final back-check comments into the drawings,
specifications and probable cost. All such corrections will be made at no cost to
the City of Temple City.
Upon written approval by the City of Temple City that the documents are
complete, consultant shall provide to the City of Temple City completed original
tracing and a complete set of typed specifications on reproducible masters.
Reproduction of the contract documents for distribution to bidders will be
provided by the City of Temple City. Electronic copy of the originals (DWG
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format) shall be submitted to the City of Temple City . Electronic copy of
Specifications shall be submitted to the City ofTemple City; and
h. During the Construction Document Phase it is anticipated that weekly
construction progress meetings will convene to address specific design issues
and to facilitate the decision making process such meeting shall not exceed one
day in duration and will be held in the City of Temple City office. Documented
decisions made at such meetings and subsequently approved by the City of
Temple City shall be binding. Any revisions or reconsiderations of such decisions
affecting program, master plan , schematic design and design development shall
constitute a change in the Scope of Services of the consultant.
i. Deliverables:
Four (4)-Thirty percent (30%) submittal -one (1) reproducible and three (3)
prints of the Thirty percent (30%) working drawings, three (3) specifications,
and three (3) probable costs .
Four (4)-Sixty percent (60%) submittal-one (1) reproducible and three (3)
blue line prints of the sixty percent (60%) working drawings and three (3)
sets of equipment cut sheets .
Two (2) -Statement of requirements for testing and inspection of service for
compliance with construction documents and applicable codes . Submit with
60% and 90% (constructability package) CD submittal.
Four (4)-One hundred percent (100%) submittal-one (1) reproducible and
three (3) prints of the one hundred percent (100%) working drawings, three
(3) specifications, one (1) engineering calculations and three (3) probable
costs .
Two (2) -Regulatory Agencies file including all correspondence, meeting,
back check comments, checklists, etc. to date. (Submit with 100% CD
submittal).
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ii. A statement at each stage of CD review indicating any authorized changes
made to the program from the last submittal and the cost impact of such
changes on the previously approved Construction Budget. If no changes
occur, but shifts of costs occur between disciplines, identify for City of
Temple City review. (Submit with all submittals , 30%, 60%, and 100%).
4. BID AND AWARD PHASE: The development of the bidding procedure and the general
condition of the construction contract shall be the joint responsibility of the City of
Temple City and the consultant.
While the Pro j ect is being advertised for bids, all questions concerning intent shall be
referred to the City of Temple City for screening and subsequent processing through the
consultant.
In the event that items requiring interpretation of the drawings or specifications are
discovered during bidding period, said items shall be analyzed by the consultant for
decision by the City of Temple City as to the proper procedure required. Corrective
action taken will be in the form of an addendum prepared by the consultant and issued
by the City of Tern pie City.
The consultant shall ensure that the Bid and Award documents will meet all funding
requirements for this project.
5. CONSTRUCTION ADMINISTRATION PHASE : The consultant's responsibility to provide
ba sic services for the Construction Phase under this Agreement commences with the
award of the Contract for Construction and terminates at the earlier of the issuance to
the City of Temple City of the final Certificate for Payment or sixty days after the date of
completion of the final construction phase.
a. During construction, the consultant shall furnish a II necessary additional
drawings for supplementing, clarifying and/or correcting purposes and for
change orders required . Such drawings shall be requested in writing from the
consultant by the City of Temple City or designated representative and shall be
at no additional cost unless designated as an additional service to the City of
Temple City. Drawings and contract wording for change orders shall be
submitted to the City of Temple City for duplication and distribution.
b. The consultant will receive written notification of the award of a construct ion
contract. Upon receiving such written notification, the consultant will proceed
with the services required by the Construction Administration Phase of this
Agreement .
c. The consultant shall review and approve or take other appropriate action upon
contractor's submittals such as: shop drawings, project data, samples and
change orders , but only for the limited purpose of checking for conformance
with information given and the design concept expressed in the Contract
Documents.
The consultant's action shall be taken within fourteen calendar days so as to
cause no unreasonable delay in the work or in the construction of the project.
In no case shall the review period associated with a single, particular submittal
exceed fourteen calendar days from the receipt by the consultant.
d. During the course of construction, all Requests for Information must be
responded to in a most expeditious manner so as not to impact and delay the
construction progress. Consultant shall endeavor to respond to each RFI within
three (3) days. In no case shall the response period associated with a single
particular RFI exceed five (5) days.
e. Drawings or change orders required due to actions of the City of Temple City
which are beyond the scope of the consultant's responsibilities, shall be
considered extra services. Consultants will not be entitled to any fee increase
associated with construction change order costs that are resulted from the error
and omission of the drawings .
f. The consultant shall attend the weekly progress meeting for duration of the
project, indicated in the attached Preliminary Master Schedule , to visits the job
site for on-site review of the project construction. The schedule of these visits
shall be coordinated with the City of Temple City and their representative. The
purpose of these visits is to interpret or clarify in the Contract Documents and
to monitor the progress of the Project.
The consultant shall bring to the attention of the City of Temple City and their
representative, in writing to guard the City of Temple City against, but does not
assure against, any defects or deficiencies in the work by the City of Temple
City's construction contractor which the consultant may observe.
g. The consultant shall visit the site at intervals appropriate to the stage of
construction or as otherwise agreed by the City of Temple City and consultant in
writing to become generally familiar with the progress and quality of the work
completed and to determine in general that the work is being performed in a
manner that the work when competed will be in accordance with the Contract
Documents.
However, the consultant shall not be required to make exhaustive or continuous
on-site inspections to check the quality or quantity of the work. On the basis of
on-site observations as an architect, the consultant shall keep the City of
Temple City informed of the progress and the quality of the work, and shall
endeavor to guard the City of Temple City against defects and deficiencies in the
work. However, the consultant shall not be a guarantor of the contractor's
performance.
h. Prepare "Record Drawings": on the original bid documents record changes
made during the construction project based upon information provided by the
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City of Temple City's construction contractor and changes by change orders. An
electronic copy of these "Record Drawings" along with two hard copies shall be
delivered to the City of Temple City at completion of the construction and shall
be a condition precedent to the City of Temple City's approval of the
consultant's final payment.
i. The consultant shall not be responsible for, nor have control or charge of,
construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Project, and shall not
be responsible for contractors' failure to carry out work in accordance with the
Contract Documents. The consultant shall not be responsible for, nor have
control over, the acts or omissions of the contractors, subcontractors, any of
their agents or employees, or any other persons performing any work.
j . The consultant shall review equipment and maintenance manuals and a
complete set of warranty documents for all equipment and installed systems.
k. The consultant provide a complete project file to the City of Temple City,
including all correspondence, meeting notes, back check comments, checklists,
inspection affidavits, etc. to the City of Temple City at acceptance.
IV. PROGRAM SCHEDUlE:
Program Schedule shall be provided and attached to this agreement (Exhibit "A") by the selected
design consultant.
V. 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, the consultant shall comply with the Scope of Services as indicated above .
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EXHIBIT "8"
COMPENSATION
I. In addition to the hourly rates, the Consultant shall use the following table for the breakdown of
proposed fee on the provided Services:
A. Pre Design Services %
B. Schematic Design/ Design Development Services %
c. Submission of Construction Documents at 30% %
D. Submission of Construction Documents at 60% %
E. Submission of Construction Documents at 100% %
F. Construction Phase %
G. Project Close Out %
11. The City will compensate Consultant for the Services performed upon submission of a valid invoice.
Each invoice is to include:
A. line items for all personnel describing the work performed, the number of hours worked,
and the hourly rate.
B. Line items for all supplies properly charged to the Services.
C. Line items for all travel properly charged to the Services .
D. line items for all equipment properly charged to the Services .
E. Line items for all materials properly charged to the Services.
F. line items for all subcontractor labor, supplies, equipment, materials, and travel properly
charged to the Services .
IV. The total compensation for the Services shall not exceed $ ___ ---J as provided in Section 4 of
this Agreement.
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EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the
City Manager or City Counsel, in full force and effect throughout the term of this Agreement,
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A: VII. Consultant shall provide the following scope and limits of
insurance :
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage
(Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, including code 1 "any auto" and endorsement CA
0025, or equivalent forms subject to the written approval of the City.
(3) Workers' Compensation insurance as required by the Labor Code of
State of California and Employer's Liability insurance and covering all
persons providing services on behalf of the Consultant and all risks to
such persons under this Agreement.
(4) 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 insurance no
less than:
(1) General Liability: $1,000,000 general aggregate for bodily injury,
personal injury and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage. A combined single limit policy with aggregate limits
in an amount of not less than $2,000,000 shall be considered equivalent
to the said required minimum limits set forth above.
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(3) Workers' Compensation and Employer's Liability: Workers '
Compensation as required by the Labor Code of the State of California
and Employers liability limits of not less than $1,000,000 per accident.
(4) Professional Liability: $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following
provisions:
1. All Policies. 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.
2. General Liability and Automobile Liability Coverage.
(1) City, and its respective elected and appointed officers, officials, and
employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities Consultant performs; products
and completed operations of Consultant; premises owned, occupied or
used by Consultant ; or automobiles owned, leased, hired or borrowed
by Consultant. The coverage shall contain no special limitations on the
scope of protection afforded to City, and their respective elected and
appointed officers, officials, or employees .
(2) Consultant's insurance coverage shall be primary insurance with respect
to City, and its respective elected and appointed, its officers, officials,
employees and volunteers. Any insurance or self insurance maintained
by City, and its respective elected and appointed officers, officials,
employees or volunteers, shall apply in excess of, and not contribute
with, Consultant's insurance.
(3) Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the
policies including breaches of warranties shall not affect coverage
provided to City, and its respective elected and appointed officers,
officials, employees or volunteers.
3. Workers' Compensation and Employer's Liability Coverage. Unless the City
Manager otherwise agrees in writing, the insurer shall agree to waive all rights
of subrogation against City, and its respective elected and appointed officers,
officials, employees and agents for losses arising from work performed by
Consultant.
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c. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of
this contract, certificates of insurance necessary to satisfy City that the insurance provisions of
this contract have been complied with. The City Attorney may require that Consultant furnish
City with copies of original endorsements effecting coverage required by this Sect i on . 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 .
3. The procuring of such required policy or policies of insurance shall not be
construed to limit Consultant's liability hereunder or to fulfill the
indemnification provisions and requirements of this Agreement.
C-3
FREEDMAN TUNG+ SASAKI URBAN DESIGN
Cover Letter-Revised FTS Team Fee Proposal #2
To: Mr. Jose Pulido
City Manager
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
Cc: Kristi Twilley, Vanir Construction
Sha Jarrahi , Vanir Construction
From: Gregory Tung, Principal
Freedman Tung + Sasaki
Date: October 22, 2012
Via: E-Mail
Re : Las Tunas Drive Safety Enhancements & Beautification Project
Architectural Design Services: Revised FfS Team Fee Proposal #2
Dear Mr. Pulido:
Attachment D
In response to our telephone conference of October 19 ,2012 including Sha Jarrahi ofVanir Construction,
you, and me, our team has again worked intensely to revise and reconfigure our Scope of Services to
conform to th e City's budgetary objectives for the project, and present to you a second revision of our
original Scope of Services Task Li st and budgetary propo sal.
Per the telephone conference, we have first focused on rescoping in-person meeting attendances that
involved air travel to attendance via video teleconference to eliminate the travel hours and transportation
costs. The team firms' scopes that have these reductions include FTS, Kahn Design Associates,
Nelson \Nygaard, and Horton Lees Brogden Lighting Design. Some of the local area firms have also
reduced certain meeting attendances, such as City Council sessions on the part ofEFI. These reductions
have achieved savings in the $20,000 to $30,000 range .
As such and as I have previously indicated, however, the approach to changing the type and number of
meeting attendances alone fall s short of achieving the City's stated goal of approximately 11% budgetary
reduction. Our previous Scope of Services was budgeted to provide the minimum high quality level of
service to provide a complete implementation of a transformational streetscape design, and we must
continue to do so even after a budgetary reduction . To achieve more reductions, we had to scrutinize the
Scope of Services for included design items that were very "nice to have," but were not absolutely
"necessary to have," relative to the s tated safety and beautification goals of the project. In our judgment,
their removal would not compromise the basic high quality of the project. Removal of such items
particularly creates a multiplier effect where they implicate hours of effort beginning in the 3 schematic
625 Second Street, Suite 280, San Francisco, CA 94107 T 415.291 .9455 F 415.291.9633 www.l1.scities.com
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design alternatives and proceeding all the way through construction documents, and the budgetary
reduction effects can be substantial.
In the Architect's Scope of Services, for example, these "nice but not absolutely necessary" design
reductions have involved changing the assumption for the architectural aspects of the east and west
entrance gateway features such that they are the same basic treatment type for both east and west, rather
than very different treatments (and we believe this to be entirely suitable from a "brand recognition"
standpoint). We will still provide three different design alternatives for the gateways. The streetscape
transit shelter will now be assumed to use the same design as was developed for the Rosemead Boulevard
streetscape project-as we mentioned, because it is our preliminary conclusion that having an entirely
different bus shelter design in a small city could be seen to be excessive in any case. We have changed the
approach to a streetscape information kiosk-specifying it as a high-quality manufactured kiosk (as part of
the environmental graphics approach) rather than a custom-design kiosk. We also eliminated an allowance
to create an additional custom street furnishing feature, potentially for the downtown core, as this was an
allowance of our own estimation and not one that was specified in the RFP. We will still provide
streetscape seating functions via manufactured benches that will be part of the streetscape furnishings
palette, or by seat walls that may be part of the landscape architecture treatment oflarger "bulb out" open
space areas (as yet to be defined). We have made related adjustments to the Scope of Services for graphic
renderings, but we will still have a complete and visually impressive package of project graphics for the
project. Finally, work on preparing sign design guidelines for private businesses has been removed from
the base Scope of Services and redesignated as an Optional Task. While we completely understand and
agree that it is a highly desirable element for the downtown and corridor revitalization effort, it is not
essential to the preparation of the construction documents package for the streetscape improvements in the
right-of-way (since the streetscape contractor will generally not be implementing improvements to facades
of private businesses). We regret having to make all of these changes, but again they are necessary to
achieve the directed budget conformance and ensure proper support for the base project.
These changes to the Architect's Scope of Services also will affect theFTS urban design Scope of Services,
again from schematic concept all the way through construction phase services.
In the Civil Engineer's Scope of Services, EFI has made the following changes in response to Shah Jarrahi
"redline" comments:
Phase A.l.B -4 hours is an estimate of time to review existing available studies.
Phase A.3 -Item deleted now that City is seeking bids for survey.
Phase B -EFI will not provide engineering drawings in Phase I, as the City has stated there are no
construction documents in Phase I.
Phase B.l -Verify existing field Condition -this is an allowance for additional checking of field conditions
for drainage, pavement, traffic signals, etc. and is likely to be used. If not used, will not be charged.
Phase B.2 -EFI believes coordination with outside agencies will begin in Phase II.
Phase B.3.h-Revised to read B.3.f-review studies, other development, etc. This would include, for
instance, review of intended improvements or changes by new developments such as the Gateway
Development.
Phase B.5 -City Council meeting attendance deleted.
B.lO-Now B.9-Yes, task activity is similar to value engineering for project conformance to available
City budget.
B.ll-Now B.l 0 -EFI will not provide engineering drawings in Phase I
B .15 -Now B .14 -Yes, these are meetings for Phase B.
Deleted attendance of City Council meetings #2 & #4
Reduced traffic signal counts to 1 from 3
Task B.3.a & B.3.b, C.2.a & C.2.b removed-overlay & slurty
Reduced number of weekly progress meetings attendances in Phase F
Reduced hours for design phase
Reduced printing cost by 1 0%
2
Page 3
Note: Utility research is assumed to be part of the survey and additional research will require additional
s ervices.
As in our previous resubmittal , a summary chart of individual fee amounts for each team member follows
this cover Jetter, in tum followed by the individual firms' 2nd revisions of Scopes of Services task list and
fee proposals , in the order shown in the summary chart.
We hope these materials are clear, and look forward to answering any questions you may have.
Sincerely yours,
Greg ory Tung, Principal
Freedman Tung + Sasaki
625 Second Street, Suite 280
San Francisco, CA 94107-2014
p : 415-291-9487 (direct)
f : 415 -291-9633
gregory@ftscities.com
www.ftscities.com
3
... Reimbursable expenses are itemized In each firm's cosl estlmala.
FTS City of Temple City · Las Tunas Drive Safety Enhancements & Beautification Project: Staffing & Budget Spreadsheet (v. 3)
Prepared l or Temple City on 10/22/12
I Tasks: FTS Only Principal I Sr. Associate Associate Urb. Dsgnor Draftsman Proj. Asst. II
hrs fees hrs fees hrs fees hrs le es hrs fees hrs (rnd) fees
F. Coordi nati on meeting 112 w ith City Staff to review community input,
receive d ir ection (next day) 3 $675 0 $0 0 $0 3 $255 0 $0 3 $140
5. Attend City Council meeting 0 $0 0 $0 0 $0 0 so 0 $0 0 $0
A. Coordinate meeling logistics with Cily Staff 1 $225 0 $0 0 $0 1 $85 0 $0 1 $47
B . Prepare materials 4 $900 0 $0 0 $0 B $680 0 $0 4 $237
c . Set up and present at City Council; travel to/from Temple City
9 $2,025 0 $0 0 $0 9 $765 0 $0 B $419
D. Teleconference with Cily Staff to confirm preferred design direclion
1 $225 0 $0 0 $0 1 $85 0 $0 0 $47
6. Design team working session (in Temple City area ·same I rip as Study 8 $1 ,8 00 0 so 0 $0 8 $680 0 $0 7 $372
7. Phase I project management and administration 4 $900 0 $0 0 so 8 $680 0 so 4 $237
Phase 1: Total Professoon al Fees (FTS only)
Reimbursable Project Expenses (9Vo of Prof. Foes):
Travel Expense All owance:
TOTAL PROJECT BUDGET FOR PHASE A :
Phue B SCHEMATIC DESIGN PHASE
5. Development of Schemal ic Design
A. 3 Allernal ives • Corridor Segmentation (modify diagrams) 2 $450 0 $0 0 $0 3 $255 0 so 2 $106
B. 3 Allernal ives -llluslrative Layout Plans@ 1"=60' (incl. sidewalks, curb
ramps, travel lanes, bike lanes, medians, transft stops, accent nodes, gateway
and landmark areas, rest areas, trees , planter strips, streetLights)
16 $3,600 0 $0 0 $0 60 $5,100 0 $0 24 $1 ,305
C. St reet lighting layout -prel iminary coordination with Light ing Designer 2 $450 0 $0 0 $0 4 $340 0 $0 2 $119
D. Custom Obj ecls 3 Alternatives -schema toe design development &
coordrnation with team 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0
1) Eastern & Western Gateway Features 1 $225 0 $0 0 $0 0 so 0 $0 0 $34
2) Sidewalk/Bridge Railing Treatment at Eaton Wash Open Channel
(landscape, lighting & d ecorative improvements) 1 $225 0 $0 0 $0 0 $0 0 $0 0 $34
3) Crossroads/Downtown L andmark Feature(s) 1 $225 0 $0 0 so 0 so 0 so 0 $34
4) Coordinal ion with architect 3 $675 0 $0 0 so 0 $0 0 $0 2 $101
5) Coordination Wit h landscape archnect 3 $675 0 $0 0 $0 0 $0 0 so 2 $1 01
E. PublicAit
1) Define location(s) & lype(s) of public art-related to landmark & gateway
lea lures 2 $450 0 $0 0 $0 0 so 0 $0 1 $68
2) Coordinate wilh City Staff & ~directed, artist or arts stakeholders 2 $450 0 $0 0 so 0 $0 0 $0 1 $68
F. Coordinate architect p reparation of perspective views of slreetscape 2 $450 0 $0 0 $0 0 $0 0 $0 1 $68
improvements, based on pholos (before and after views)
G. Street Furnis hings Selections (mfr. detail, cut sheets)
1) S election of streetlights
a. Pedestriar>-scale streetlight pole, arms & luminaires 1 $225 0 $0 0 so 6 $510 0 $0 2 $110
b Boulevard-scale st reetlight pole, arms & luminaire 1 $225 0 $0 0 $0 6 S51 0 0 so 2 $110
c . Selection of street lig ht accessories -duplex o utlets for holiday lighting,
banner anm s, elc. 1 $225 0 $0 0 $0 3 $255 0 $0 1 $72
d . Select decorative elem ents for traffic pole & mas t-arm lighting 1 $225 0 $0 0 $0 4 $340 0 $0 2 $65
e . Coordinal ion with lighting designer on streetlight selections 1 $225 0 $0 0 $0 4 $340 0 $0 2 $85
f. Coordina tion wilh manufacturer representatives as needed 1 $225 0 $0 0 $0 2 $170 0 $0 1 S59
2) Seleclion of other street furnishings
a . Bolla!d: lighted or unlighted 1 $225 0 $0 0 $0 3 $255 0 $0 1 $72
b. Benches 1 $225 0 $0 0 so 3 $255 0 $0 1 $72
c . Trash Receptacles 1 $225 0 $0 0 $0 3 $255 0 $0 1 $72
d . B icycle Rack 0 .5 $113 0 $0 0 $0 3 $255 0 $0 1 $55
e. Tree Grate & Guard 1 $225 0 $0 0 $0 3 $255 0 $0 1 $72
I. Newspaper Racks 0 .5 $113 0 $0 0 so 3 $255 0 $0 1 $55
g. Coordinalion with manufacturer representatives a s needed 1 $225 0 $0 0 $0 2 $170 0 so 1 $59
3) T r affoc and Street Signage
a. Provide Input on signage postlype and paint color, coordinate wil h
architect and civil engineer 1 $225 0 so 2 $220 0 so 0 $0 1 $67
Total
Fees
$1,070
$0
S357
$1 ,817
$3,209
$357
$2,852
$1 ,817
$54,999
$4 ,950
$3,480
$63,429
$811
$10,005
$909
$0
$259
$259
$259
$776
$776
$518
$518
$518
$645
$645
$552
$650
$650
$454
$552
$552
$552
$423
$552
$423
$454
$512
FTS Scope_Las Tunas Drive Safety Enhancements+ Beautification Project_v4 Page 2 of8 10/22/2012
I
FTS City of Temple City· Las Tunas Drive Safety Enhancements & Beautification Project: Staffing & Budget Spreadsheet (v . 3)
Prepared for Temple Coly on 10/22/12
Tasks: FTS Only Principal I Sr. Associate Associate Urb. Dsgner Draftsman Proj. Asst. II
hrs lees hrs l ees hrs fees hrs lees hrs lees hrs (rnd) lees
H . Plant material selections • coordinate with landscape arch~ect
1) Sidewalk plant material recommendations, clearances. addl p arameters
a. Deciduous street tree type 1 1 $225 0 so 0 $0 0 $0 0 so 1 $34
b . Deciduous street tree type 2 1 $225 0 so 0 $0 0 $0 0 so 1 $34
2) Olher plant material selections
a . Median tree(s) & groundcover(s) 1 $225 0 $0 0 $0 0 $0 0 $0 1 $34
b. Special location lree(s ) and plants 1 $225 0 $0 0 so 0 $0 0 $0 1 $34
1. Sustainable drainage and planting features such as : permeable pavers, rain
gardens, silva cells, et al· coordi nate with civil & landscape architect 2 $450 0 so 0 $0 0 so 0 $0 1 $68
J. Paving material selections • coordinate with landscape architect & civil
engineer
1) Sidewalk material & paHam 2 $450 0 so 0 $0 4 $340 0 $0 2 $119
2) Potential parking area/flexible zone material & pattern 2 $4 50 0 $0 0 $0 4 $340 0 $0 2 $119
3) Crosswalk material & pallem 2 $450 0 $0 0 $0 4 $340 0 $0 2 $119
g_ Cost Check · Concept L evel Construction Cost Eslimale
A. Lile-{;ycle Costing • coordinate with team on initial cost vs maintenance
tra deoffs , pavement alternatives; LED streellighting, etc. 3 $675 0 so 0 so 0 $0 0 $0 2 $101
B . Receive/review draft cost estimates from team; follow up O&A 2 $450 0 $0 0 $0 0 $0 0 $0 1 $66
C. Receive/review edited reports; forward wl memo to City 2 $450 0 $0 0 so 0 $0 0 so 1 $68
10. Coordination Meeting 113 • Design Alternatives
A. Coordinate meeting logistics with City Staff 0 so 0 so 0 so 0 $0 0 so 0 $0
B . Prepare materials 2 $450 0 so 0 so 0 $0 0 $0 1 $68
C. Set up/facilitate meeting (via video or teleconference) 3 $675 0 so 0 $0 3 $255 0 $0 3 $140
D. Prepare meeting notes (record key com ments & decision points) 1 $225 0 $0 0 $0 2 $170 0 $0 0 $59
17. Community Presentation Meeting #2: present Schematic Design Phase
Alternatives
A. Coordinate meeting logistics with City Staff 0 $0 0 $0 0 $0 1 $85 0 $0 0 $13
B . Prepare presentation materials 4 $900 0 $0 0 $0 8 $680 0 $0 4 S237
C. Set up/facilitate meeting; travel to/from Temple City 9 $2 ,025 0 $0 0 $0 9 $765 0 $0 8 $41 9
D . Comp~e Commun ity Meeting comments 1 $225 0 $0 0 so 2 $170 4 $280 2 $101
10. Concept modifications lor budget conformance (Value Engineering)
A. Develop cost savings strategy (if requited) 6 $1 .350 0 so 0 $0 0 $0 0 so 4 $203
11 . Attend City Council meeting (1) 7 $1 ,575 0 $0 0 $0 0 $0 0 $0 4 $236
12. Phase B Project Management and Administration 4 S900 0 $0 0 $0 12 $1 ,020 0 $0 5 $288
Phase B: Total Professoonal Fees (FTS onl y)
Reimbursable Project Expenses (9% of Prof. Fees):
Travel Expense Allowance:
TOTAL PROJECT BUDGET FOR PHASE B :
Phne C. DESIGN DEVELOPMENT PHASE ·"Bridging Design" Submittal
1. 'Brid ging Design' Submittal
A. Receive/review City's comments to Selected Schematic Design Option 6 $1,350 0 $0 0 so 6 $510 0 $0 5 $279
B. Streetscape plans refinement and quality control
1) Selected Streetscape Plan Alternative · Refine Illustrative Layout Plan@
1'=60' (incl. sidewalks , curb ramps, travel lanes, bike lanes , medians. transit
stops, acce nt nodes , gateway and landmark areas. rest areas, trees , planter
strips. streeUights) 6 $1,350 0 $0 0 $0 20 $1,700 0 $0 8 $458
2) Phone/ e-mail coordination with PS&E team on project progress 4 $900 0 $0 0 $0 2 $170 0 so 3 $161
3) Updates to furnis hings selections
2 $450 0 $0 0 $0 2 $170 0 so 2 $93
4) Ccoordinate with civU engineer 2 $450 0 $0 0 $0 1 $85 0 $0 1 $80
C. Landscape Features Quality Control 0 $0
1) Phone/ e-mail coordination with landscape architect on design progress 2 $450 0 $0 0 so 0 $0 0 $0 1 $68
2) Receive/review & comment on custom features dra wings and
specifications 4 $900 0 $0 0 $0 2 $170 0 $0 3 $161
0 . Architectura l Cus tom Objects Quality Control
1) Phone/ e-mail coordination with architect on design prog ress 2 $450 0 so 0 so 0 $0 0 $0 1 $66
2) Receive/review & comment on custom f eatures drawings and
specifocations 4 $900 0 $0 0 $0 0 $0 0 $0 2 $135
2. Updated Schematic Design Cost Estimate
Total
Fees
$259
$259
$259
$259
$518
S909
$909
$909
$776
$518
$518
$0
$518
$1,070
$454
$98
$1.817
$3,209
S776
$1,553
$1 ,81 1
$2,208
$43,223
$3,890
$1,380
$48,493
$2.139
$3.508
$1.231
$713
$615
$518
$1,231
$518
$1,035
FTS Scope_Las Tunas Drive Safety Enhancements • Beautification Proj ect_v4 Page 3 ora 10/22/2012
I
FTS City of Temple City-La s T u nas Dri ve Safety Enh an cem ents & Beaut ification Project: Staffing & B udget Spreadsheet (v. 3)
P repared for Te mple City on 10122/12
Tasks : FTS Only
A. Minimal cost research for selected items
B. Receive/review d raft cost estimate; follow-up q &a .
C. Receive/review ed~ed estimate; fo rward w/ memo Jo Ctly
3 . Coordi nation Meeting fl4 -Design Development Review Session via video
o r teleconfere n ce
A . Attend m eeting
B. Prepare meellng notes (record key comments & decision points)
4. Addnionai'Velue Engineering"
A Develop cost savings options and recommendations
B. Prepare memo to City; follow-up phone coordination
5. Attend City Council meeting (1 )
6. Phase C Projecl Management and Administrat ion
Phase C: Total Pro f essto nal Fees (FTS o nly)
Rei mbursable Proje ct Expenses (9'~ o f Prof. Fees):
T rav el Expense Allo w a nce:
TOTAL PROJECT BUDGET FOR PHASE C:
Phase D. CONSTRUCTION DOCUMENTS PHASE -CONSTRUCTION
DOCUMENTS AT 50%· 90% -tOO%
1. 50% Slfeetscape Layout Tea m Coordina lion
A . Review detailed engineering base , coordinate wnh CIVil Engineer and
Transportation Consultant
B . Underground utility inve stigation and design/improvements (coordination with
uUJny companies to be done by civil engineer); resolve possible conflicts
between utilities and proposed street scape; coordina le with Civi l Engineer
C. Address issues rela ted to residential and commercial properties' entrances
and exits, and property encroachmen t issues; coordinate wnh civil engineer. Clly
Staff
D. Grading & Drainage s trategy, penmeable pavings, rain gardens -coord inate
w/ Civil & Landscape architect
E Bull>-outs/ Crosswalk Striping/Bike Lane indications
1) Coordinate development of recommendation w/lfafflc engineer
2) P repare custom pattern for crosswalk mar1<ings based on Temple City
t heme
F. Security Cameras -coordinate use/placement of security camera s with civn
& electrical eng ineer (in areas where p ublic sa fety and/or vandalism are
po tential iss ues)
G. Streetscape Layout refinements
H. Refinements to furnishings selections
I. Re finements Jo plan t mat erial selections
J. Tra nsmit update information to team; respond to issues/questtons f rom lhe
owner and other team members
2. 50% Submittal Custom Objects Design Developme nt
A Eastern and Western Gateway Feature
B . Sidewalk/Bridge Ramng T reattnent at Eaton Wash Open Channel
c. Crossroads/Downtown L andmark Feature
D. Review session with a rchitect
E. Receive/review 50% construction sheets from architect
F. Follow up review/coordination with architect
3. 50% Submittal Photometries and lighting effects deve lopment
A. Develop lighting design parameters • lighting level and geometries
B. Lig hting design concepts for gateway and crossroads locations
C. Typical t ree uplighting
D. Meeting(s) with lighting designer (up to 2)
P rincip al !
hrs fees
0 so
4 $900
4 $900
3 $67 5
1 $225
3 $675
3 $675
7 $1 ,575
4 $900
3 $675
2 $450
2 $450
2 $450
2 $450
2 $450
1 $225
4 $900
2 $450
2 $450
2 $450
1 S225
1 $225
1 $225
2 $450
2 $450
2 $450
2 $450
2 $450
1 $225
3 $675
Sr. Asso c ia te Associ ate Urb. D s gner Draftsm an Proj . Asst. II
hrs fees hrs fees hrs f ees hrs fees hrs md) fees
0 so 0 so 0 $0 0 so 0 $0
0 $0 0 $0 4 $340 0 $0 3 $186
0 $0 0 $0 2 $170 0 so 3 $161
0 so 0 $0 3 $255 0 so 3 $140
0 $0 0 $0 0 $0 0 $0 0 $34
0 $0 0 $0 2 $170 0 so 2 $127
0 $0 0 so 0 so 0 $0 2 $10 1
0 $0 0 $0 0 so 0 $0 4 $236
0 $0 0 $0 6 $680 0 $0 4 $237
0 so 0 $0 3 $255 0 $0 3 $140
0 $0 0 $0 2 $170 0 $0 2 $93
0 $0 0 $0 2 $170 0 $0 2 $93
0 $0 0 $0 1 $65 0 $0 1 $80
0 $0 0 $0 0 $0 0 $0 1 $68
0 $0 0 $0 8 $680 4 $280 4 $212
0 $0 0 $0 2 $170 0 $0 1 $59
0 $0 0 so 8 $680 0 $0 4 $237
0 $0 0 so 4 $340 0 $0 2 $1 19
0 $0 0 $0 2 $170 0 $0 2 $93
0 $0 0 $0 4 $340 0 $0 2 $119
0 $0 0 $0 0 $0 0 $0 1 $34
0 $0 0 $0 0 $0 0 $0 1 $34
0 $0 0 $0 0 $0 0 $0 1 $34
0 $0 0 $0 0 $0 0 $0 1 $68
0 $0 0 so 0 $0 0 $0 1 $68
0 $0 0 $0 0 $0 0 $0 1 S68
0 $0 0 $0 2 $170 0 $0 2 $93
0 $0 0 $0 0 $0 0 $0 1 $68
0 $0 0 so 0 $0 0 $0 1 $34
0 $0 0 $0 0 $0 0 $0 2 $10 1
Total
Fees
$0
$1,426
$1,231
$1 ,070
$259
$972
$776
$1 ,81 1
$1,8 17
$20,867
$1,878
$500
$23,245
$1,070
$713
$713
$615
$51 8
$1,622
$454
$1 ,817
$909
$713
$909
$259
$259
$259
$518
$518
$518
$71 3
$518
$259
$776
FTS Scope_Las Tunas Drive Safely Enhancements + Beautification Project_v4 Page 4 of8 10/22/2012
I
FTS City of Temple City-Las Tunas Drive Safety Enhancemen t s & Beautification Project: Staffing & Budget Spreadsheet (v. 3)
Prepared for Temple City on 10/22/12
Tasks: FTS Only Principal I Sr. Associate Associate Urb. D sgner Draftsman Proj. Asst. II
hrs fees hrs fees hrs fees hrs fees hrs fees hrs (rnd) fees
4. 50% Submittal Planting plans & details
A. Review secondary plant material selections 2 $450 0 $0 0 so 0 so 0 so 1 $68
B . Review tree weiVrain gardens/planting strip -aesthetic treatment 2 $450 0 $0 0 $0 0 $0 0 $0 1 $68
C. Detailed layout plans for treatment of special locat ions: Crossroads, Eastern
& Western Entry Gateway locat ions, etc. 2 $450 0 $0 0 $0 4 $340 6 $420 3 $182
D. Review session with landscape archite ct
3 $675 0 $0 0 $0 0 $0 0 $0 2 $101
E. Receive/review 50% sheets from landscape architect 2 $4 50 0 so 0 $0 2 $170 0 so 2 $93
F. Follow up review/coordination with landscape architect 2 $450 0 $0 0 $0 2 $170 0 so 2 $93
6. Review Materials and Fonishes Selections
A. Hardscape: special paving materials; permeable pavers. specially asphalt.
etc. 1 $225 0 so 0 $0 2 $170 0 $0 1 $59
B. Crosswalk materials & pallern
1 $225 0 $0 0 $0 2 $170 3 $210 2 $91
C . Custom featu res precast concrete colors, materials. finishe s 0.5 $113 0 $0 0 $0 2 $170 0 $0 1 $42
D . Custom features metal finishes 0.5 $113 0 $0 0 $0 1 $85 0 $0 1 $30
E. Custom signage finishes 0.5 $113 0 $0 0 $0 1 $85 0 $0 1 $30
F. Paint colors fo r furnishings 0.5 $113 0 $0 0 $0 2 $170 0 $0 1 $42
G. Prepare/assemble specifocalion notes as needed; lransmil lo team 1 $225 0 $0 0 $0 4 $340 0 $0 2 $85
8. Coordination with renderings PfodUClion by Architect
A . Provide input to renderer including context photos, annotation of underlays
2 $450 0 so 0 $0 2 $170 6 $420 3 $156
B. Coordination meetings with architect up to 2) 4 $900 0 $0 0 $0 0 so 0 $0 2 $135
9. Coordination meetings at City of Temple City
A. Attend meetings via video or teleconference (up to 3) 9 $2,025 0 $0 0 $0 9 $765 0 $0 8 $419
B. Prepare meeting notes (record key commenls & decision points) 2 $450 0 so 0 so 0 $0 0 $0 0 $68
10. Coordinate team preparation of draft 50% Submittal
A. Streelscape plans & specifocations Quaiay Control
1) Phone/ e-mail coordination wit h PS&E team on proJect progress 3 $675 0 $0 0 so 3 $255 0 $0 3 $140
2) Quality Control: receive/review & comment on slreetscape team drawings
and specifocations 4 $900 0 $0 0 $0 8 $680 0 so 4 $237
3) Coordinate with civil on final compaing of 50% submittal set
1 $225 0 $0 0 so 2 $170 0 so 1 $59
B. Landscape Architect ure Quality Control
1) Phone/ e-mail coordination with landscape architect on design progress 2 $450 0 so 0 so 2 $170 0 $0 2 $93
2) Receive/review & comment on drawings and specificat ions 4 $900 0 $0 0 $0 2 $170 0 $0 3 $161
C. Archijectural Custom Objects Quaiijy Control
1) Phone/ e-mai coordinat ion with architect on design Pfogress 2 $450 0 so 0 $0 0 $0 0 so 1 $68
2) Receive/review & comment on drawings and specifoca lions 4 $900 0 so 0 $0 0 $0 0 so 2 $135
D. Lighting Design Qual~y Control
1) Phone/ e-maa coordination with lighting designer & electrical engineer on 2 $450 0 $0 0 so 0 $0 0 so 1 $68
design progress
2) Receive/review & comment on drawings and specifications 2 $4 50 0 $0 0 $0 0 so 0 $0 1 $68
E. Rece1velreview City's comments lo 50% Submittal 6 $1 ,350 0 $0 0 $0 8 $680 0 so 6 $30 5
11 . 50% Level Construc tion Cost Estimate
A. Cost research/refinement for selected items 2 $450 0 $0 0 $0 4 $340 0 $0 2 $11 9
B. Receive/review draft cost estimate; follow-up q&a. 3 $67 5 0 $0 0 $0 4 $340 0 so 3 $152
C . Receive/review edaed estimate; forwa rd w/ memo to City 3 S675 0 so 0 $0 2 $170 0 so 2 $127
12. Coordination Meeting -Core Team Meeting 113 & 50% Review Session
via video or teleconference
A. Coordinate meeting logistics with C ity Staff 1 $225 0 $0 0 $0 1 $85 0 so 0 $47
B . Attend meeting; travel to/from Temple City 3 $675 0 so 0 $0 3 $255 0 $0 3 $140
C . Prepare meeting notes (record key comments & decision points) 1 $225 0 $0 0 so 0 so 0 $0 0 $34
13. Value Engineering
A . Develop cost savings options and recommendations 2 $450 0 $0 0 $0 2 $170 0 $0 2 S93
B. Prepare memo t o Cijy; follow-up phone coordination 2 $450 0 $0 0 so 2 $170 0 $0 2 $93
1. Coordinate T earn completion of final construction document s
A . Streelscape plans & speciflcations Quality Cont rol
Total
Fees
$518
$518
$1 .392
$776
$713
$713
$454
$696
$325
$227
$227
$325
$650
$1 ,196
$1 ,035
$3,209
$518
$1 ,070
S1 ,817
$454
$713
$1 .231
$518
$1 ,035
$518
$518
$2 ,335
$909
$1 ,1 67
$972
$357
$1,070
$259
$71 3
$713
FTS Scope_Las Tunas Drive Safely Enhancements+ Beautification Project_v4 Page 5of8 10/2212012
I
FTS City of Temple City-Las Tunas Drive Safety Enhancements & Beautification Project: Staffing & Budget Spre adsheet (v. 3)
Prepared for T emp le City on 10/22/12
Tasks: FTS Only P rincipal I Sr. As sociate Associate Urb. Dsgner Draftsman Proj. Asst. II
hrs fees hrs fees hrs fees hrs fee s hrs fees hrs [(rnd) fees
1) Phone/ e-ma~ coordination with PS&E team on completion of working
d rawings and technical specifiCations (for aU design disciplines)
4 $900 0 $0 0 $0 8 $680 0 $0 4 $237
2) Qual~y Control: receive/review & comment on final drawings and technical
specifications 6 $1,350 0 $0 0 $0 8 $680 0 so 6 S305
3) Receive/review/comment final cos t estimate. teleconference to discuss as
needed 6 $1.350 0 $0 0 $0 6 $510 0 $0 5 $279
B. Advise City Staff on structuring bid add and deduct ails 4 $900 0 $0 0 $0 4 $340 0 $0 3 $186
c . Assist cooroinaled incorporation of jurisdictional agency-suggested
correctional work into team construction documents 2 $450 0 $0 0 so 4 $340 0 $0 2 $119
D. Coordinate submission of 90% construction documents and cost estimate 2 $450 0 $0 0 $0 4 $340 0 $0 2 $119
E . Receive/rev1ew const ructabilit y, VE & life cycle cost review comments; direct
incorporation of comments into the final set of documents 4 $900 0 $0 0 $0 4 $340 0 $0 3 $186
2. Prepare for and attend coordination meetings via video or teleconference
-upto4 12 $2.700 0 $0 0 $0 12 $1.020 0 $0 10 $558
3. Community Outreach and Design Meeting #3
A. Coordinate presentation with cny Staff and team 2 $450 0 $0 0 $0 4 $340 0 $0 2 $119
B . Prepare presentation materials 6 $1,350 0 so 0 so 0 $0 0 $0 4 $203
C. Set up/facilitate meeting; travel to/from Templ e City 10 $2.250 0 $0 0 $0 0 $0 0 $0 6 $338
4. Attend City Council meeting (allowance for up to 2 m eetings; includes 14 $3,150 0 $0 0 $0 0 $0 0 $0 9 $473
5. Phese 0 Project Management and Administration 4 $900 0 so 0 so 8 $680 0 $0 4 $237
PhaseD: Total Professional Fees (FTS only)
Reimbursable Project Expenses (9~. of Prof. Fees):
Travel Expense Allowance:
TOTAL PROJECT BUDGET FOR PHASED:
Phase E BID & AWARD PHASE
1. Assist in answering questions from Bidders & City Staff 2 $450 0 $0 0 $0 4 $340 0 $0 2 $119
2. Assist in Preparing Bid Addenda 2 $450 0 $0 0 $0 4 $340 0 $0 2 S119
3. Bid job walkS (to be attended by civil engineer & landscape architect)
0 $0 0 so 0 $0 0 $0 0 $0 0 so
4 . Bid opening conference (to be attended by civil eng ineer) 0 $0 0 $0 0 so 0 $0 0 $0 0 so
5. Phase E Project Management & Documentation 2 $450 0 so 0 $0 2 $170 0 so 2 S93
Phase E . Total Profeastonal Fees (FTS only)
Reimbursabl e Project Ex penses (9~, of Prof. Fees):
Travel Expense Allowance:
TOTAL PROJECT BUDGET FOR PHASE E:
Phase F CONSTRUCTION ADMINISTRATIVE PHASE
1. Attend Pre-construction Conference In Temple City (Incl. traveltime)
0 $0 0 $0 0 $0 8 $680 0 so 2 $102
2 . Assist in responding to RFI's (allowance) 6 $1,350 0 $0 0 $0 16 $1,360 0 $0 7 $407
3. Assist in submittal review (allowance) 6 $1.350 0 $0 0 $0 16 $1 ,360 0 $0 7 $407
4 . Record keeping: Maintain dela~ed records of all RFi s. submittals, change 2 $450 0 $0 0 $0 16 $1.360 0 so 5 $272
5. Field observation visits:
A. One visit to precast subcontractor (includes travel) 7 $1.575 0 $0 0 so 0 so 0 $0 4 S236
B. One visit to specialty fabricator (Includes travel) 7 $1.575 0 $0 0 $0 0 $0 0 $0 4 $236
c. Attend on-site meetings per request (1 w/ Principal, 1 w/Urban
Designer; Includes travel) 7 $1,575 0 so 0 $0 8 $680 0 $0 6 $338
6. Attend City Council meeting (allow ance for up to 1 meeting; includes 7 $1,575 0 $0 0 $0 0 so 0 $0 4 $236
travel)
7. Attend final punch list site inspection, follow up preparation of p unch
list (Includes travel) 9 $2.025 0 $0 0 $0 13 $1,105 0 so 9 $470
8 . Attend punch list verification walk (Includes travel) 9 $2,025 0 so 0 so 9 $765 0 $0 8 $419
9. Review and edit content of Owner Operations & Maintenance Manual prepared
by subconsultants 3 $675 0 $0 0 so 2 $170 0 so 2 $127
10. Ensure all close-out issues with j urisdictional agencies lor each phase of
construction have been addressed by subconsultants 2 $450 0 so 0 $0 2 $170 0 $0 2 $93
T otal
Fees
S1.817
$2.335
$2,139
$1 ,426
$909
$909
$1 .426
$4 ,278
$909
$1 .553
$2.588
$3,623
$1.817
$70,225
$6,320
$1,460
$78,005
$909
$909
$0
$0
$713
$2,530
$228
$0
$2 ,758
$782
$3.117
$3,117
$2.082
$1 .81 1
$1 ,811
$2,593
$1 .811
$3.600
$3.209
$972
$713
FTS Scope_Las Tunas Drive Safety Enhancement s + Beautification Proj ect_ v4 Pa ge 6 of 8 10/2212012
I
FTS City of Temple City -Las Tunas Drive Safety Enhancements & Beautification Project: Staffing & Budget Spreadsheet (v. 3)
Prepared lor Temple Cit y on 10/22/12
Tasks : FTS Only Principal! Sr. Associate Associate Urb. Dsgner Drafts man Proj. Asst. 11
hrs l ees hrs lees hrs lees hrs fees hrs fees hrs (rnd) lees
11 . Assemble proj ect records; review and check co nte nt of Final Re ports
prepared by subconsultanl s 4 $900 0 $0 0 $0 4 $34 0 0 $0 3 $186
12. Phase F Proj ect Management & Documentation
6 $1,350 0 so 0 $0 12 $1 ,020 0 $0 6 $356
Phaso F: Total Professional Fees (FTS only)
Re i mbursable Project Expenses (9% of Prof. Fees ):
Travel Expense Allowance:
TOTAL PROJECT BUDGET FOR PHASE F:
Professional Services for Phases A-F -FTS Only:
Reimbursable Proj ect Expenses for Phases A-F -FTS Only (9% of Prof.
Fees):
Travel Expense Allowance for Phases A.f' -FTS Only:
TOTAL PROJECT BUDGET ESTIMATE:
Total
Fees
$1,426
$2.726
$29,768
$2,679
$3,500
$35,9-47
$221 ,611
$19,9-45
$10,320
$251,876
FTS Scope_Las Tunas Drive Safety Enhancements + Beautification Proj ect_v4 Page 7 of 8 10/22/2 012
City of Temple City· Las Tunas Drive Safety Enhancements and Beautification Project: EFI Staffing & Budget Spreadsheet
Prepared for Freedma n Tung+ Sasaki and t he City o f Temple City on 10/22/12-Version 9
Tasks: EFI Only EFI FEE
TASK DESCRIPTION ESTIMATED RATE PER
HOURS HOUR TOTAL
Phase A. PRE-DESIGN PHASE
1 . Project Start-up
A. Deve lop initial work program and refine as needed 4 $105.00 $420.00
B. Review existing documents prepared by City 4 $105.00 $420.00
c . Prepare for and attend design orientation session In Temple City 6 $105.00 $630.00
D. Field visit ; note special conditions 4 $105.00 $420.00
E. Design team working session (in Temple City area ) 4 $105.00 $420.00
F. Provide Input for design program schedule to comply with master schedule provided by th e City 2 $105.00 $210.00
G. Attend City Council Study Session: Report on Alternatives input, receive direction for synthesis of
p referred alternative 4 $105.00 $420.00
H . Coordination meeting #1 review draft conceptual+costs 4 $105.00 $420.00
I. Workshop #1· 3 broad brush options 6 $105.00 $630.00
J . Design team working session (in Temple City area) 4 $105.00 $420.00
K. Coordination meeting #2 Value Engineering + Input for SO phase work 4 $105.00 $420.00
2 . Phase A project management and administration 4 $105 .00 $420.00
Phase A: Total Professional Fees $5,250.00
Phase B . SCHEMATIC DESIGN PHASE· EFI does n ot produce engineering drawing
1. Conditions Verification as needed 4 $105 .00 $420.00
2. Feedback to FTS on Pari<ing , bike rout, special turning needs. driveways modifications, mid-block crosswalks,ped
signalizations, utilities, etc ... 12 $105 .00 $1 ,260 .00
3. Technical Study to include feasibilty , constructibility, and concept level cost estimate for
a. Countdown signal head s 8 $90.00 $720 .00
b. Enhanced high-visibility x-walk markings 8 $90.00 $720.00
c. "Life cycle costing" 16 $90.00 $1,440.00
d. Traffic Signals assessment 32 $90 .00 $2,880.00
e. Field Assessment of pavement 8 $90.00 $720.00
f. Review of various stud ies and recommend additions of facilities not shown 16 $90 .00 $1 ,440.00
4. t'repare t're 1m1nary U>st tsllmale based on SchematiC 6 ~105 .00 ~840.00
5. Coordinate with FTS rega rding drainage features, paving material 8 $105.00 $840.00
6. Cost Check -Concept Level Construction Cost Estimate 8 $105.00 $840.00
7. Coordin ation Meeting #3 -
present preferred design features
A. Meeting with City 4 $105 .00 $420.00
8. Community Presentation Meeting #2: present design options 6 $105 .00 $630.00
9. Concept modifications for budg et conformance 4 $105.00 $420.00
10. Schematic Design Submillal -no t e: EFI d oes n ot p roduce engi nee ri ng drawing s In this Phase
1) Prepare Cost Estimate -Three alternatives 18 $105.00 $1 ,890.00
2) Coordinate with other team members the schematic set 4 $105.00 $420.00
3) Compile and submit package, coordinate with FTS 14 $105.00 $1,470.00
11 . Receivefreview City's comments to Schematic Design Submillal 4 $105.00 $420.00
12. Coordi nation Meeting #4
A . Meet ing with City 4 $105.00 $420.00
13 . Additionai "Value Engineering"
A. Develop cost savings options and recommendations 6 $105.00 $630.00
14. Attend additional weekly design progress meetings 8 $105.00 $840.00
15. Coordination Meeting #5
A . Meeting with City 4 $105 .00 $420.00
16. Phase B project management and administration 8 $105.00 $840.00
Phase B : Total Professional Fees $20,940.00
Phase C. DESIGN CONCEPT· "BRIDGE DRAWING"
1. Feedback toFTS on Parl<.lng • bike rout, specia l tuming needs, driveways modifications, mid -block crosswalks,ped
signalizations, utilities, etc ... 12 $105 .00 $1,260.00
FEE SCHEDULE LAS TUNAS 9 10-22·12_FTS edits Page 1 of 5 10/22/2012
City of Temple City· Las Tunas Drive Safety Enhancements and Beautification Project: EFI Staffing & Budget Spreadsheet
Prepared for Freedman Tung + Sasaki and the City of Temple City on 10/22/12-V ersion 9
Tasks : EFI Only EFI FEE
2. Technical Study to include feasibility, constructibility, and concept level cost estimate for
a . Countdown s ignal heads 2 $90.00 $180.00
b. Enhanced high-visibility x-walk markings 2 $90.00 $180.00
c. "Life cycle costing" 2 $90.00 $180.00
d . Traffic Signal s assessment 2 $90.00 $180.00
e. Field Assessment of pavement 2 $90.00 $180.00
3 . P repare Preliminary Cost Estimate based on Bridge Drawings 16 $105 .00 $1,680.00
4. Attend City Council 3 Progress Report 4 $105 .00 $420.00
5. Coord inate with FTS rearding drainage features, paving material 8 $105.00 $840 .00
6. Cost Check -Concept level Construction Cost Estimate 8 $105.00 $840.00
7. Coor dination Meeting #6 •
A . Meeting with City 4 $105.00 $420 .00
8. Concept modifications for budget conformance 4 $105.00 $420.00
9. Design Development Su bmittal -EFI does not produce engineering drawing
1) Prepare Cost Estimate 18 $105.00 $1,890.00
2) Coordinate with other team members re: brid ging set 4 $105.00 $420.00
3) Compile and submit Design deve lopment, coordinate with FTS 14 $105.00 $1 ,470.00
1 0. Receive/review City's comments to Design development Submittal 4 $105.00 $4 20.00
11. Coordination Meeting #7.
A . Meeting with City 4 $105.00 $420.00
12. Addi tional "Value Engineering"
A. Develop cost savings options and recommendations 6 $105.00 $630.00
13. Attend additional weekly design progress meetings 8 $105.00 $840.00
14. Coordination Meeting #8
present preferred design features
A. Meeting with C ity 4 $105.00 $420.00
16. Phase C project management and administration 6 $105.00 $630.00
Phase C: Total Professional Fees $13,920.00
TOTAL PHASE J. A+B+C $40,110.00
Rei mbursables s uch as printing, shipping, etc ... -$2,300.00
TOTAL PHASE J. A+B+C + Printing, shipping $42,410.00
PHASE II
Phase D1. CONSTRUCTION DOCUMENTS AT 50%
TOPOGRAPHIC SURVEY PROVIDED BY THE CITY OR NEGOTIATED AS ADDITIONAL SCOPE OF WORK
1 . Streetscape Layout 4 $105.00 $420.00
2. Boundary verification and layout 4 $105.00 $420.00
3. Underground Utility investigation and design in coordination with the utility companies for gas, water,sewer,storm
water. telephon e, cable,fire , and etc. coord with FTS/Landscape Architect /Electrical 12 $105.00 $1.260.00
4. 50% Construction Documents: Street Geom etries & S treetscape layout
a. Existing Conditions plan s-topographic survey and Boundary survey to be provided by the City in Autocad 120 $90.00 $10,800.00
b.Demolition Plans 90 $90.00 $8,100.00
c. Site Control 90 $90.00 $8,100.00
d. Pavement /Grading Plans Includes strategy, penneable pavings, ra in gandens-coond w/FT S & l andscape
architect 220 $90.00 $19,800.00
e. Utility Plan s-Horizonta l layout adjustments for main utility pipes or laterals; coord with FTS/Landscape Architect
/Electrical 120 $90.00 $10,800.00
f. Striping Plans 180 $90.00 $16.200.00
g. Traffic Signals Plans-1 count 45 $90.00 $4,050.00
h. Coondinate recommendations with team members 20 $90.00 $1,800.00
i. FormaVtra nsmit e lectronic layout files to team 4 $90.00 $360.00
5. Coordination Meeting· Core Team Meeting# 9 (In Temple City) 4 $105.00 $420.00
FEE SCH EDULE LAS TUNAS 9 10-22-12_FTS edits Pag e 2 of 5 10/22/2012
City of Temple City· Las Tunas Drive Safety Enhancements and Beautification Project: EFI Staffing & Budget Spread sheet
Prepared f or Freedman Tun g + Sasaki and the Ci ty o f Templ e City on 10/22/12-Version 9
Tasks: EFI Only EFI FEE
6. Address i ssues related to residenlial and commercial properti es' entrances and exits, and property encroachment
issues; coordinate wilh FTS , C ity Staff 16 $90.00 $1 ,440.00
7. Respond l o issues a nd queslions from owner and other team members 8 $90.00 $720.00
8. Prepare/compile 50% specificalion 16 $90.00 $1,440.00
9. Prepare compile cost eslimate 16 $90.00 $1,440.00
12. Coordination Meeting· Core Team Meeting# 10 & 50% progress (In Temple City)
A . Attend meeting 4 $105.00 $420.00
13. Coordinate and submit complete construction drawings to jurisdictional agencies 16 $90.00 $1,440.00
14. Receive/review City's comments to 50% Submittal 4 $105 .00 $420.00
15. Coordination Meeting ·Core Team Meeting# 11 & 50% Review Session (in Temple City)
A . Attend meeting 4 $105.00 $420.00
16. Value Engineering
A. Develop cost savings options and recommendations 4 $105.00 $420.00
17. Coordination Meeting -Core Team Meeting# 12 & 50% Review Session (In Temple City)
A. Attend meeting 4 $105.00 $420.00
18. Attend desi gn progress meetings up to 4 12 $105.00 $1 ,260.00
19. Attend monthly council meetings-(meetings 5 & 6)
12 $105.00 $1 ,260.00
20. Community Presentation Meeting #3 6 $105.00 $630.00
21 . Phase D1 project management and administration 16 $105.00 $1 ,680.00
Phase D1 : Total Professional Fees $95,940.00
Phase D2 . CONSTRUCTION DOCUMENTS PHASE · CONSTRUCTION DOCUMENTS AT 90o/o
1. 90% Design Development: Street Geometries & Streetscape Layout
a. ExisJing Conditions plans-topographic survey and Boundary survey to be provided by the City in Autocad 4 $90.00 $360.00
b.Demolition Plans 20 $90.00 $1 ,800.00
c. Site Control 60 $90 .00 $5,400.00
d. Pavement /Grading Plans includes strategy, permeable pavings, rain gardens -coord w/FTS & Landscape
architect 90 $90.00 $8,100.00
e . Utility Plans-Horizontal layout adjustments for main utility pipes or laterals ; coord with FTS/Landscape Architect
/Electrical 70 $90.00 $6,300.00
r. Striping Plans 80 $90.00 $7,200.00
g . Traffic Signals Plans-1 plans 26 $90.00 $2 ,340.00
h . Coordinate recommendations with team members 20 $90 .00 $1,800.00
i. FormaUtransmit electronic layout files to leam 4 $90.00 $360.00
2 . Prepare/compile technical specification 16 $90.00 $1,440.00
3 . Prepare/compile final cost estimate 16 $90.00 $1 ,440 .00
4 . Coordinate and submit complete construction drawings to jurisdictional agencies and incorporate corrective work into
the construction sets for all disciplines 40 $90.00 $3,600.00
5. Addition or bid alternates into the construclion and bid documents 8 $90.00 $720.00
6 . Submit 90% Construction documents and cost estimates for construclibility review by the construction manager 8 $90.00 $720.00
7. Receive , review and incorporate lhe conslruclibility review comments into the final set or the documents 40 $90.00 $3,600.00
8. Attend coordination meetings -#13 THRU 14 20 $105.00 $2,100 .00
9 . Attend City Council Meeting -# 7 & 8 12 $105.00 $1,260.00
10. Phase D2 project management and administration 16 $105.00 $1 ,680 .00
Phase 02: Total Professional Fees $50,220.00
Phase 03. CONSTRUCTION DOCUMENTS PHASE -CONSTRUCTION DOCUMENTS AT 100%
1. 100% Design Development: Street Geometries & Streetscape Layout
a. Existing Conditions plans-topographic survey and Boundary survey to be provided by the City in Autocad 4 $90.00 $360.00
b.Demolilion Plans 10 $90.00 $900.00
c. Site Control 30 $90.00 $2,700.00
FE E SCHEDULE LAS TUNAS 910-22-12_FTS edits Page 3 of 5 10/2212012
City of Temple City-Las Tunas Drive Safety Enhancements and Beautification Project: EFI Staffing & Budget Spreadsheet
Prepared for Freedman Tung +Sasaki and the City of Temple City on 10/22/12-V ersion 9
Tasks: EFI Only EFIFEE
d. Pavement /Grading Pl ans includes strategy, permeable pavings , rain gardens -coord w/FTS & Landscape
architect 35 $90.00 $3,150.00
e. Ulility Plans-Horizo ntal layout adjustments for main utility pipes or laterals; coord with FTS/Landscape Architect
/Electrical 25 $90.00 $2,250.00
f. Striping Plans 30 $90.00 $2,700.00
g. Traffic Signals Plans-1 plan 10 $90.00 $900.00
h. Coordinate recommendations with team members 20 $90.00 $1 ,800.00
i. FormaVtransmit electronic layout fi les to team 4 $90.00 $360.00
2. Prepare/compile technical specification 16 $90.00 $1 ,440.00
3. Prepare/compile final cost estimate 16 $90.00 $1,440.00
4 . Coordinate and submit complete construction drawings to jurisdictional agencies and incorp orate corrective work into
the construction sets for all disciplines 40 $90.00 $3,600.00
5. Addition of bid alternates into the construction and bid documents 8 $90.00 $720.00
6. Submit 100% Construction documents and cost estimates for construclibility review by the construction manager 8 $90.00 $720.00
7 . Receive , review and incorporate the constructibility review comments into the final set of the documents 40 $90.00 $3,600.00
8. Attend coordination meetlngs-#15 THRU 17 20 $105.00 $2,100.00
9. Attend City Council Meeting • #9 6 $105.00 $630.00
1 0. Phase D3 project management and administration 12 $105.00 $1,260.00
Phase D3: Total Professional Fees $30,630.00
Phase E. BID & AWARD
1. Assist in answering questions from Bidders & City Staff 12 $105.00 $1 ,260.00
2. Assist in Preparing Bid Addenda 12 $105 .00 $1.260.00
3 . Bid job walks 4 $105 .00 $420.00
4. Bid opening conference 4 $105.00 $420.00
Phase E : Total Professional Fees $3,360.00
Phase F . CONSTRUCTION ADMINISTRATIVE PHASE
1. Attend Pre-Construction Conference in Temple City 4 $105 .00 $420.00
2. Assist in responding to RFI's (allowance) 12 $105.00 $1,260.00
3. Assist in submittal review (allowance) 24 $105.00 $2,520.00
4. Attend weekly construction progress meetings and attend the Job site walks 100 $105.00 $10,500.00
5. Attend special design meetings with contractor 12 $105.00 $1.260.00
6. Attend City Council Meetings 24 $105.00 $2,520.00
7 . Address design issues with jurisdictional agencies 6 $105.00 $630.00
8. Attend final punch list site inspection, follow u p preparation of punch list 6 $105.00 $630.00
9. Attend punch list verification walk 6 $105.00 $630.00
10. Review and check content of Owner Operations & Maintenance Manual 12 $105 .00 $1 .260.00
11 . Coordinate with jurisdictional agencies regarding close-out issues 12 $105 .00 $1 ,260.00
12. Prepare civil & traffic-related materials for final report; compile report 16 $105.00 $1,680.00
13. Record keeping: maintain detailed records of Civil & Traffic RFis, submittals, change order requests 16 $105 .00 $1,680.00
14. Phase F Project Management & Documentation 4 $105.00 $420.00
Phase F: Total Professional Fees $26,670.00
TOTAL PHASE II· D1+D2+03+E+F $206,820.00
Reimbursables such as printing, shipping, etc ... -$6,800.00
TOTAL PHASE II-D1+02+03+E+F +Printing, shipping $213,620.00
TOTAL Professional fees for Phases I & II· A thru F-JNCLUDING SHIPPING,
PRINTING, PHOTOS • NOT TO EXCEED $256,030.00
t--
'--
FEE SCHEDULE LAS TUNAS 9 10-22-12_FTS edits Page 4 of 5 10/22/2012
City of Temple City· Las Tunas Drive Safety Enhancements and Beautification Project: EFI Staffing & Budget Spreadsheet
Prepared for Freedman Tung+ Sasaki and the City of Temple City o n 10/22/12-Version 9
Tasks: EFI Only EFIFEE I
1 CLARIFICATIONS & EXCLUSIONS
2 Our proposal does not include Topographic Survey or boundary survey
3 Our proposal assumes signal modification plans required at 1 locations only
Our proposal assumes no modifications at Las Tunas and Roseme ad
4
Our fee is based on a sheet count similar to Rosemead Blvd which Includes, existing conditions, boundary,
control, demolition,grading/pavement plan & profile, x sections, typical sections, Mise details, striping, & Utility
plans for the entire length (not only downtown) and One 1 traffic signal plans,
5
Our proposal does not inclu de utility relocation design plans such as water lines, sewer lines, or storm drain lines
6 This scope is for feasibility only. Design cost is included in other phases of work
7 EFI proposal does not include any other items of work not specifically listed herein :
8
Any governmental agency fees, application fees, plan check fee s, or any other fees that mus t be paid to any other parties.
9 Excludes Construction surveying, management, and inspection
10 On site Hydraulics, retaining walls structural calculations, structural calculations
11 Easements, lega l descriptions , LLA, etc ...
Traffic impact Analysis , Capacity study, Traffic assessments, Al ignment Study, and Tra ffic Control Plans
Obtaining signatures from other parties on plans, application forms, clearance documents, or other documents.
FEE SCHEDULE LAS TUNAS 9 10-2 2-12_FTS edits Page 5 of 5 10/2212012
1 1. Development of Schematic Design 0 $0
A A. Las Tunas Drive -Preferrred segmentation 2 2 $394
B. Las Tunas Drive -Illustrative Layout Plan@ 1"=40' (incl. sidewalks , curb ramps ,
B travel lanes, bike lanes, medians, trans it stops, accent nodes, gateway and 4 12 16 $2,288 landmark areas , rest areas, trees , planter strips, streetlights); conduc t additional
tra ffic ana lvsis as needed.
G G. Street Furnishi ngs Se lections (mfr. detail, cut sheet) 0 $0
1) 1) Selection of streetlights -review with respect to necessary lighting for 2 2 $394 j)_edestrians and vehicles
2) 2) Selection of other street furnishings 0 $0
d d. Bicycle Rack-provide input on usability of bike racks 2 2 $394
3) 3) Traffic and Street Signage 0 $0
a a. Ensure slgnage post type and paint color will work with necessary 2 2 $394 MUTCD and other siQn standards
I. Sustainable drainage and planting features such as: permeable pavers , rain
I gardens, silva cells , et al -review to ensure that these elements won't be 2 2 $394
detrimental to oedestrians bicvdists othe r roa d users.
J J. Paving material selections-re vi ew for issues for pedestrians, bicyclists and 2 2 $394 other road users.
3 3. Coordinati on Meeting 14 review draft schematic desi gns (Skype) 4 4 $788
4 4. Comm unity Worksho p 12 : present relined options B 4 12 $2,076
A A. Streetscape plans & specifications Quality Control -ensure complete streets 4 4 $788 elements remain effective
D D. Receive/review City's comments to 30% Submittal 2 2 $394
8 8. Coordi nation Meeting IS-30% Review Session in Temple City + value 4 4 $788 enqineering + in out for Oesian Oevelooment. (Skvoel
9 9. Additional "Value Engineering " -consul t with other tea m members as needed 2 2 $394
10 10. Phase B Project Management and Administration 2 2 4 $644
Task Total 42 18 60 $10,524
c Phase C. DESIGN DEVELOPMENT PHASE
1 1. Coord ination with rend erings product ion by Architect 0 $0
A A. Prepare base package for renderer including context ph otos, annotation of 0 $0 undertavs
B B. Coordination meetings with architect (2) 0 $0
2 2. Coordination meetings at City ofTemple City 0 $0
A Coordination meeting tiS -progress (skype) 4 4 $788
B Coordination meetings #7 and #8 (two meetings by phone/Skype) 6 6 $1 ,182
3 3. Preparation of draft DO Submittal -on call/consult as needed; revise traffic 2 8 10 $1,394 anatvsis as needed
4 4. DO Level Construction Cost Estimate 0 $0
5 5. Value Engineering -consult as needed ror design changes 2 2 $394
6 6. Phase C Project Management and Administration 1 1 2 $322
Task Total 15 9 24 $4,080
~TOTALHOURS --· • f...-·""T"11f(·•r" •• . ·; .... .,: ............. ~ ,. . 146 90 236
-j~J:OJAL C9ST Phases A, B, and C _ , . --.::. i:· ..... •.... t.• $ 28,762 $ 11,250 s 40,012
1!·:~,.TOTAL COST Phases A, B, and C ..... ,. , .. _.;.... . ' .. .. .. Tot al Co st. hours plus exp enses
0 Phase D. CONSTRUCTION OOCUM£NTS PHASE -CONSTRUCTION DOCUMENTS AT 100%
1 1. 50% Submittal -Streetscape Layout 0 $0
A A. Review delailed engineering base, coordinate with Prime and Civil 2 2 $394
B. Underground utility investigation and design/improvements (coordination with
B uti~ty companies to be done by civil engineer); resolve possible conflicts between 2 2 $394
utilities and orooosed streetscaoe: consult about user needs as conflicts come uo
c C. Address issues related to resid en tial and commercial properties' entrances and 2 2 $394 exits and property encroachment issues -consult with prime and civil
D D. Grading & Drainage strategy, permeable pavings, rain gardens -consu~ with 2 2 $394 orime civil an d landscaoe on usability bv road users
E E. Bulb-outs/ Crosswalk Striping/Bike Lane in dications 0 $0
1) 1) Assist with development of detailed recommendations 2 2 4 $644
2) <-J VVHO~~. ""' •~;::," 0V~ l''"l'a'a"~' vo ~••v•" 1'0"""' ovo vovoonam '"a'"'"~" 2 2 $394
G G. Streetscape Layout refinements -consuiVreview 2 2 $394
H H. Refinements to furnishings selections -consuiVrevlew 2 2 $394
I 1. Refin ements to plant material selections -consuiVreview 2 2 $394
2 L . ~U"' ..>UUHm~o "VUO<VOU VUJ~~l-:> VOOOljH -'"~ 2 2 4 $644
Printing/Reproduction/Supp lies 0 $
Meeting Materials 0 $
Subtot al -Direct Expen ses 0 $ 2,700
0 $
ueneral & Administrative on Subcontra ctor Costs 0 $ -
Withers & Sandgren, Ltd.
Landscape Architecture
818.291 .0200
Withers & Sandgren , Ltd.
City of Temple City -Las Tunas Drive Safety Enhancements and Beautification Project:
Staffing & Budget Spreadsheet
Prepared for FTS on 10/19/12
Principal Sr. Associate Associate Total
hrs fees hrs fees hrs fees Fees
PHASE I
A. PRE-DESIGN PHASE
1. Project Start-up
A. Develop initial work program and refine as needed 4 $560 0 $0 0 $0 $560
B. Review existing documents prepared by City 4 $560 0 $0 0 $0 $560
C . Prepare for and attend design orientation session in Temple City 4 $560 2 $250 0 $0 $610
D . F ield visit: note special co nditions. prepare do cu mentation 4 : $560 4 $500 0 $0 $1 ,060
2 . Work Session with Team, prepare 3 conceptual ails 6 1 $1 ,120 24 $3,000 0 $0 $4,120
3 . Meetings and Coordination I
A. City Council Meeting (1) and preparation 4 j $560 0 $0 0 $0 $560
B. Community Presentation Meeting (1) and preparation 5 1 $700 10 $1,250 4 $392 $2,342
C. Team Coordination Meetings (2) 6 $640 0 $0 0 $0 $640
4 . Cost Estimate and Life Cycle Costing for 3 alternatives 6 $640 16 $2,000 0 $0 $2,640
5 . Soil testing for planting requirements 1 $140 16 $2,000 0 $0 $2,140
Subtotal $15,832
B . SCHEMATIC DESIGN (development of 3 alternatives before Jan 18)
1. Development of Schematic Design (3 alternatives) I
A . Sidewalk plant material recommendations , clearances , add . Parameters 12 $1,680 0 $0 8 $784 $2,464
1. Tr ee Selections 6 1 $640 0 $0 8 $764 $1,624
B . Other plant material selections, median and special location trees 4 $560 6 $750 8 $784 $2,094
C . Drainage alternatives 12 $1 ,680 16 $2,000 0 $0 $3,680
D . Special Paving 8 1 $1 ,120 24 $3,000 0 $0 $4,120
E . Coordinat ion and graphics 8 1 $1 ,120 16 $2,000 24 $2,352 $5,472
F. Public Art 12 $1,680 16 $2,000 0 $0 $3,680
2 . Cost Estimates and Life Cycle Costing (3 alternatives) 6 $640 24 $3,000 0 $0 $3,840
3 . Meetings and Coordination I
A . City Council Meeting (1) and preparation 4 1 $560 0 $0 0 $0 $560
B . Community Presentation Meeting (1) and preparation 5 1 $700 10 $1 ,250 2 $196 $2,146
C . Team Coordination Meetings (3) 9 1 $1 ,260 0 $0 0 $0 $1,260
4. Preparation of schematic design submittal , design detailin g, 16 $2,240 50 $6,250 40 $3,920 $12,410
street furnishings , additional graphic support (3 alternatives)
Subtotal $43,350
C. BRIDGING SET (Development of one alternative, after Jan 18
application)
1. Street Geometries & Streetscape Layou t coordination with FTS
A. Grading & Drainage strategy, permeable pavings , rain gardens 8 1 $1,120 20 $2,500 0 $0 $3,620
2 . Planting plans & details, plant paletteshree wells and rain gardens 161 $2,240 0 $0 40 $3,920 $6,160
3 . Detailed layout plans for rest areas and special treatment 16 $2.240 24 $3,000 $0 $5,240
A . Special paving materials; permeable pavers, specialty concrete. etc. 4 $560 6 $1 ,000 0 $0 $1,560
B . Seating , incorporating special artwork and/or materials 8 1 $1 ,120 16 $2,000 0 $0 $3,120
4 . Cost Estimate and Life Cycle Costing 6 $640 12 $1 ,500 0 $0 $2,340
5 . Additional Val ue Engineering 2 $260 0 $0 0 $0 $260
Withers & Sandgren -La Tunas Fee 10 -19-12 Page 1 of 2 10/22/2012
Principal Sr. Associate Associate Total
hrs fees hrs fees hrs fees Fees
6 . Meetings and Coordination
A . City Council Meetings (1) and preparation 4 $560 0 $0 0 $0 $560
B . Team Coordination Meetings (3) 9 $1 ,260 0 $0 0 $0 $1,260
7 . G raph ics and Presentation Materials/Boards 2 $280 0 $0 12 $1 ,176 $1,456
8. Preparation of Bridging Set
1 . Prepare planting plans, irrigation plans and hardscape layout plans,
details with material callouts 16 $2,240 32 $4 ,000 24 $2 ,352 $8,592
Subtotal $34,188
PHASE 1 SUBTOTAL $93,370
PHASE 1 REPROGRAPHIC EXPENSES $7,470
PHASE 1 TOTAL ~~~0 c $100,840
PHASE 2
D . CONSTRUCTION DOCUMENT PHASE
1. Meetings and Coordination
A. C ity Council Meeting (1) and preparati on 4 1 $560 0 $0 2 $196 $756
B . C ommunity Presentation Meeting (1) and preparation 5 $700 8 $1,000 4 $392 $2,092
C , Team Coord ination Meetings (4) 16 $2,240 0 $0 8 $784 $3,024
2. 50% Submittal, PS's Planting, Irrigation, Hardscape Elements 16 $2,240 80 $10,000 40 $3 ,920 $16,160
3 . 90% Submittal, PS's Planting, Irrigation, Hardscape Elements 16 $2,240 80 $10,000 40 $3 ,920 $16,160
4. 100% Submittal, PS's Planting, Irrigation, Hardscape Elements 8 $1 ,120 40 $5,000 15 $1 ,470 $7,590
5 . Prepare Construction Cost Estimate w/value engineering/life cycle 8 $1 ,120 24 $3,000 0 $0 $4,120
6 . Plan review meetings with City 9 $1,260 0 $0 0 $0 $1,260
7. Respond to constructability review comments 4 $560 16 $2 ,000 6 $588 $3,148
Subtotal $54,310
E. BID AND AWARD PHASE
1. Assist in answering questions from Bidders & City Staff 4 $560 6 $750 0 $0 $1,310
2. B id Opening Meeting 4 $560 0 $0 0 $0 $560
Subtotal $1,870
F. CONSTRUCTION ADMINISTRATION
1 . Attend Pre-Construction Conference in Temple City (incl. travel time) 6 $840 0 $0 0 $0 $840
2 . Assist in responding to RFI's 4 $560 16 $2,000 0 $0 $2 ,560
3. Assist in submittal review 0 $0 12 $1,500 16 $1 ,568 $3,068
4. Plant material inspection and one nursery visit 0 $0 6 $750 8 $784 $1 ,534
5. Attend on-site meetings per request (8 included) 32 $4,480 0 $0 0 $0 $4,480
6. Attend final punch list site inspection, follow up memo and inspection 12 $1,680 16 $2,000 0 $0 $3,680
7. Attend Contractor Design Meeting 12 $1,680 0 $0 16 $1 ,568 $3,248
8. Preapare Owner Operation & Maintenance Manual-landscape & irrig 4 $560 16 $2 ,000 16 $1 ,568 $4,128
Subtotal $23,538
PHASE 2 SUBTOTAL $79,718
PHASE 2 REPROGRAPHIC EXPENSES (W & S expenses only) $2,392
PHASE 2 TOTAL $82,110
W & S TOTAL PROJECT BUDGET ESTIMATE: $182,949
Withers & Sandgren -La Tunas Fee 10-19-12 Page 2 of2 10/22/2012
-
horto n lee ~ brog d eo lighting design
22 October 2012
Mr. Gregory Tung
Freedman Tung Sasaki
101 New Montgomery Street , 6th Floor
San Francisco, CA 94105
415.291.9455 tel 415 .291 .9633 fax
gregory@ftscities.com
Re: Las Tunas Drive Streetscape
Temple City , California
Dear Mr. Tung ,
We are pleased to sub mit this revised Proposal for Professional Services as lighting designers fo r the above project.
The Proposal is based on our telepho ne conversations on 31 August 2012, 6 September 2012 , 10 September 2012 , 17 Oc tober
2012, and your emails on 29 August 2012, 10 October 2012, 17 October 2012 and 22 October 2012.
Scope of Work
The Proposal covers the following areas:
• Flex Zone/Dining
• Landscape Lighting
• Banners
• Kiosks/Directories
• Transit Shelter Design
• East West Entr ies
• En try/Exit Signage
• Special Furnishings
• Street Lighting
Not included in this scope of work are: Billboards , Fa <;:ade Improvements , Awnings/Blade Signs , Open Channel and Business
Signage .
Scope of Services
The following services are included in the fee and are divided into Phases A, B, C, D, E and F.
Phase A (Pre-Des ign/Conceptual Design) will consist of the following:
A.1 Conceptual design confe rence in San Francisco with the Owner, Urban Designer, Architect and other Consu lta nts to discuss
lighting program , illumination criteria, project cost guidelines and schedule parame ters (time for one (1 ) meeti ng attended by a
Principa l of the firm or the Project Director is included in the fee).
A.2 Teleconference or on-line meeting with the Owner, Urban Designer, Architect and other Consu ltants to discuss lighting
program, illumination criteria , project cost guidelines and schedule parameters (time for one (1 ) teleconference or online
meeting attended by a Principal of the firm or the Project Director is included in the fee.
ntw yQrk I lo1 ;~ng<h" I s •n lron<isco I bosto n
30 0 Brannan ~tr oe t , ~uit~ 11 1 San f rJn<iHo CA. 941 0) 41S 348 8 7 13 voo<e 415 Ua 8198 1•• I www.IH Bii ghliug .<om
Mr . Gregory Tung
22 October 2012
Page 2 of7
Phase B (Schematic Design) will consist of the following :
8.1 Conceptual design conference in San Francisco with the Owner, Urban Designer, Arch itect and other Consultants to discuss
lighting program, illumina tion criteria , project cost guidelines and schedule parameters (time for one (1) meeting attended by a
Principal of the firm or the Project Director is included in the fee).
8.2 Teleconferences or on-line meeting with the Owner, Urban Designer, Architect and other Consultants to discuss lighting
program, illumination criteria, project cost guidelines and schedule parameters (lime for two (2) teleconferences or online
meetings attended by a Principal of the firm or the Project Director is included in the fee.
8.3 Conceptual design studies and analysis . Concepts will be presented for discussion . Approved concepts will be the basis for
continued work . Concepts will be presented in sketch format with supporting concept images or cutsheets for the purpose of
commun icating design intent to the Urban Designer , Architect and other Consultants .
Phase C (Design Development) will consist of the following :
C.1 Conceptual design conference in San Francisco with the Owner, Urban Designer, Arch itect and other Consultants to discuss
lighting program , illumination criteria , project cost guidelines and schedule parameters (time for one (1) meeting attended by a
Principal of the firm or the Project Director is included in the fee).
C.2 Teleconferences or on-line meetings with the Owner, Urban Designer, Architect and other Consultants to discuss lighting
program , illumination criteria, project cost guidelines and schedule parameters (time for two (2) teleconferences or online
meetings attended by a Principal of the firm or the Project Director is included in the fee.
C.3 Assistance with development of conceptual , prototypical design recommendations in redline or sketch form for one (1) design
option for incorporation in documents prepared by the Electrical Engineer, Urban Designer , and Architect.
C.4 Prototypica l electric lighting calculations {illuminances, lum inances), as required to assist the Owner and Design Team in the
prel iminary evaluat ion of one (1) alternate design concept.
C.5 Pre liminary lighting fixture cuts to be incorporated in documents prepared by the Electrical Engineer, Urban Designer, and
Architect.
C.6 Provid ing Electrical Engineer with information required to prepare a preliminary cost estimate of recommended lighting fixtures .
C.7 Assistance with Value Engineering (time for four (4) hours is included in the fee).
Phase D (Construction Documents) will consist of the following :
D.1 Meetings in San Francisco with the Owner, Urban Designer, Architect and other Consultants to discuss lighting program,
illumination criteria, project cost guidelines and schedule parameters (time for two (2) meetings attended by a Principal of the
firm or the Project Director is included in the fee).
D.2 Teleconferences or on-line meetings with the Owner , Urban Designer, Architect and other Consultants to discuss lighting
program , illumination criteria, project cost guidelines and schedule parameters (time for five (5) teleconferences or online
meetings attended by a Principal of the firm or the Project Director is included in the fee .
D.3 Layouts of proposed lighting fixtures for one (1) approved design option on AutoCAD drawing backgrounds to be incorporated
in documents prepared by the Electrica l Engineer and Architect (time for three (3) milestones is included in the fee).
D.4 Lighting calculations as required for in-house verification of proposed lighting design concepts for one (1) approved design
option (time for three (3) milestones is included in the fee).
n•w yo rk I lo• ang<lo s I son fran<i><o I boston
30 0 Ooannan Strrt l, Sutle 21 1 San frall <i Ho CA 9~10 7 41S 348 827l vo t<e ~IS 3~8 81981u I www.lllBio ghl ing .tom
Mr. Gregory Tung
22 Octo ber 2012
Page 3 of7
D.5 Lighting fixture schedule and final cuts and /or deta il drawings of proposed li gh ti ng fix tures for one (1 ) approved design opt ion to
be incorporated in documents prepared by the Electrical Engineer and Architect (li me fo r three (3) mil estones is included in the
fee).
D.6 General cond itions specifications (Section 16500 ) (time lor three (3) milestones is incl uded in the fee).
D.7 Assistance with coordination of lighting design with local agencies , architectural , la ndscape, structural , ele ctrical and
mechanical des ign .
D .8 Review of final Contract Documents as prepared by the Architect, Urban Designer and his Consu ltants , and as re lated to the
lighting (time for two (2) reviews: one at 50% Contract Documents and one at 90% Contract Documents is included in the fee).
Phase E (Bid & Award) will consist of the following:
E.1 Assistance with responses to Requests for Information or Clarification during the Bidding Phase .
Phase F (Construction Support) will consist of the following:
F .1 Respond to Requests for Information or Clarification during the lighting installatio n (time for ten ( 1 0) hours by a Principal or
Project Director is included in the fee ).
F.2 Checking of shop drawings and/or submittals of specified equipment and associated architectu ral elements (ti me for two (2)
reviews is included in the fee. Additional reviews, if re quired , will be billed on a time & materials bas is).
F.3 Final review of completed lighting installation, supervis ion or focusing of adjustable fixtu res (time for two (2) trips to the project
site by a Principal of the firm or Project Director is included in the fee). The electrical contractor will supply all personnel to
perform this work in compliance with local laws and union agreements.
F.4 Preparation of written punch list.
F.5 Assistance with written Owner Operations Manual, as related to the lighting.
Fee s
Our fees will be based on the fo ll owing hourly rates , subject to salary increases during the life of the project. Salary increases wi ll
not affect the not-to-exceed fee amount:
Senior Principals
Associates
Senior Designers
Designers
Administrative:
Angela McDonald
Li lian Rodriguez Fu
Leia Kozel
Brian Franco
Max Pierson
Takanori Taira
@
@
@
@
@
@
Vasudha Rath i @
$80.00 to $90.00 per hour
$40.00 to $80 .00 per hour
$190.00 per hour
$160 .00 per hour
$125.00 per hour
$115.00 per hour
$115 .00 per hour
$110 .00 per hour
$110.00 per hour
Invoices for accumulated time and expenses will be submi tted monthly and will be payable wi thin thirty (3 0) days . All invoice s not
paid within thirty days of submission will be assessed a finance charge of 1.5% of the remaining balance per mon th.
The es timated maximum fee will be based on the following breakdown by Phase :
Description Amount Percentage of Fee
now york I los angolu I san fron tisco I boston
300 Br annan SH.el, So il ell l San fran <isto (A 9 41 0 7 4 15 348 8273 vor<e 41S l 48 8 298 fa x I www.IHO irghlr ng.<orn
Phase A Pre-design
Phase B Schematic Design
Phase C Design Development
Phase D Construction Document s
Phase E Bid & Award
Phase F Construction Support
$ 1,888
$ 6,592
$ 6,090
$29,350
$ 2,004
$13,296
3%
11%
10%
50%
4%
22%
Mr. Gregory Tun g
22 October 2012
Page 4 of 7
Before exceed ing th e above fee due to an increase in the scope of the project, or due to changes and/or rev isio ns after work in
Phase C (Design Deve lopment) has been completed, we will notify the Architect or Urban Designer in writing in order to secure
written approval.
Additional time spen t in out-of-town travel other than as listed above , is not included in the estimated maximum fee and wil l be bi lled
at the rate of $1 ,520-$1 ,710 per day for Principals and Senior Principals, and $1 ,1 60-$1,305 for Project Directors .
Reimbursable Expenses
All incidental expenses such as travel , meals, local transportation , lodging , toll telephone ca lls, messengers , express mail services ,
and photocopies, are included in the estimated maximum fee and will be billed at cost. Each facsimi le transmission will be billed at
the rate of $1.00 per page in addition to the telephone loll charges. Color copying fprints will be at $1.00 per page when used for
presentat ions to the Landscape Architect and Owner. Plots will be billed at 5.00 each when used for presentatio ns to the Landsca pe
Architect and Owner.
All mockup materials and all approved equipment used exclusively in the developme nt of this project are not included in the
estimated maximum fee and will be billed at cost times a multiplier of 1.15.
Optional Services
The following services are not included in the above fee, but may be added at the discretion of the Client:
a. Special 3D and 2D renderings and other visu al presentation elements.
b. Design Basis report outlining the recommended program for lighting design fo r Clien t approval. Report will discuss for each
area : lighting design approach , design criteria, target lumi nance and illuminance levels, power dens ities , sources , color
temperature, and control intent.
c. Hand rendered plansfelevation s, presen ta tion boards and other visual presentation ele ments to the Owner.
d. Confirmation of compl iance with maximum allowable connected load for lighting as dictated by Lighting Section of app li cable
Energy Code including preparation of required documents associated with th e Lighting Section of the applicable Energy Code
for filing with building permit application .
e. Daylighling calcu lations (avail ability, shadowing, sunlight penetration, interior illuminances and luminances) including design ,
construction or observation of construction, testing and evaluation of physical daylighting models.
f. Preliminary daylighling recommendations for fenestration configurations and for treatments.
g. Design and specification of lighting for growth and/or maintenance of trees and other plantings .
h. Design and specification of lig hting for video conferencing or televised broadcast.
i. Developmen t of custom lighting fixtures , testing and evaluation of prototypes.
new york I los augelcs I son francisco I boston
300 Brannan $11 <tl, Surlt 212 San francisco (A 941 01 41~ 348 8113 vorce 41S 348 8298 fax I www.IH Bir ghling.co rn
Mr. Gregory Tung
22 October 2012
Page 5 of7
j. Assisting the Contractor with comparative life cycle cost analysis for electric lighting options .
k. Assistance with design, observation of construction , testing and evaluation of mockups . The electrical contractor will supply all
personnel to perform th is work in compliance with local laws and union agreemen ts.
I. Design and layout of lighting control systems , including one-line diagrams andfor specifications for the lighting control systems.
m. Manufacturer's shop inspections.
n. Editing of preliminary CAD drawing files prepared by the Architect or Urban Des igner after the completion of Phase C (Design
Development).
o. Updated lighting fixture cutsheets after the completion of Phase Ill (Design Development ).
p. Updated cost estimate after the completion of Phase Ill (Design Development).
q. Updated general conditions specificat ions after the completion of Phase Ill (Design Development).
r. Updated fix ture schedule after the com pletion of Phase Ill (Design Development).
s. Focusing diagrams for adjustable fixtures on transparencies provided by the Architect or Urban Designer.
t. Review and testing of fixture andfor control system substitutions proposed by others in our lighting laboratory, on site or at the
manufacturer's facilities.
u. Assistance with coordination and expeditin g of ligh ting equipment orders and deliveries from manufacturers .
v. Visits to the project site to mon itor the progress of the lighting installation .
w. Assistance with lighting design compliance for utility rebate programs and/or LEED certification .
x. Review and testing of specified manufacturers' fixture samp les in our Lighting Laboratory.
y. Assistance with Fina l Report , as related to the lighting.
z. Other services no t specifically identified under Scope of Services .
General
a. The Lighting Designer does not guarantee that credit for any specific LEED point will be obtained.
b. The Lighting Designer does not guarantee the survival of plants or animals . The Owner shall provide criteria for lighting levels
and col or spectra for such purposes , and that shall form the basis for the daylighting and electric lighting concepts. The
Lighting Designer will design to those criteria , or inform the Owner of the extent to which the design may differ from those
criteria.
c. The parties understand and agree to the following: Architectural lighting design is not a licensed profession, and the services
performed by the Lighting Designer , whether included in this contract or not , do not require a licensed professional. Further,
the Lighting Designer does not provide architectural or engineering services, regardless of the existence of licensed architects
or enginee rs as officers, employees or sub-consultants of the firm . In particular, the Lighting Designer will not be responsible
for the designation , design , specification, or calculation of fixtures for emergency or exit lighting .
nt·w york I lo~ tHUJelu I san francisco I bolton
300 Btannan Street, lutt e 111\>n fran<i«o CA 94107 41 ~ 348 817 1 vo l(e 41 1 348 8 298 ,., I www.IHDitqhllng.rom
Mr. Gregory Tung
22 October 2012
Page 6 of 7
d. Any building department audits and the like shall be charged as additional services (lime and materials).
e. When maximum electrical lighting loads permitted by code are determined by others, the Lighting Designer will not commence
any layouts until written informa tion is received defining these loads or be respon sible for any delays result ing therein , nor will
the Lighting Designer be responsible for or assume the cost of any re-design resulting fro m error in such calculations
performed by others.
f. The Lighting Designer will design to the best of his ability according to building codes but will be dependent upon the licensed
professionals (Architect or Engineer) for notification of non-compliance prior to approval of lighting fixture submittals and will
not be solely responsible for prob lems which arise during construction due to non-compliance with codes.
g. The Lighting Designer will not be responsible for design of emergency or exit lighting systems or for designation of fixtures for
emergency or exit lighting systems.
h. The Lighting Designer will not be responsible for any changes in his final drawings and specifications unless approved by the
Lighting De signer. Changes include , bu t are not limited to , substitutions of and/or by manufacturers , variations in layouts ,
quality and quanti ty of fixtures, etc.
i. The Lighting Designer will not be respons ible for any errors, equipment failures or delays caused by manufacturers,
contractors, shippers, installers or users; nor is the Lighting Designer responsible for a contractor's fa ilure to carry out the
construction in a workmanlike manner or in accordance with con tract documents or recommendations.
j. The Architect shall provide the Lighting Designer , in writin g, with information about any existing condition s which could affect
fixture selection and/or location, prior to issuance of Lighting Designer's design development drawings. If this information is not
provided, the Lighting Designer will assume that no restrictions exist and will proceed accordingly. If conditions are found
during construction that necessitates changes, additional services will have to be authorized by the Architect for the Lighting
Designer to make these changes.
k. The Architect , Owner, or Construction Manager sha ll provide the Lighting Designer, in writing , with information about the
required lighting budget. If this information is not provided , it is assumed that the final budget reviewed and approved in
Design Development is the agreed upon lighting budget. If the lighting must be rede signe d due to changes in the agreed upon
lighting budget or for other overall project budget reasons , this redesign work will be considered an extra service.
I. This Proposal will remain valid for thirty (30) days after the date it is written. If the accepted Proposal has not been received in
the Lighting Designer's office by the end of this period , its term s and conditions will be open for fu rther negotiations.
m. It is assumed that the Lighting Designer's work will be completed according to a mutually agreed upon schedule. If consulting
work on the project continues beyond this schedule, this agreement will be open for further negotiations.
n. Th is agreement is subject to cancellation by either party at any lime upon len days written notice . In the event of cancellation,
all accrued charges become due for work comp leted to that point.
o. In an effort to resolve any connicts th at arise during the design and construction of this project or following the completion of
this project, all parties agree that all disputes between them shall be submitted to non-binding mediation unless the parties
mutually agree otherwise. In the event the partie s to this agreement are unable to reach a settlement of any dispute in
accordance with mediation , then the dispute may be resolved with an alternate method only if agreed upon by both parties.
The prevailing party shall be entitled to recover from the non-prevailing party all reason able costs incurred , including staff time ,
court costs , attorney 's fees , and all other related expenses in such litigation .
p. All publicity about the project where credits are given shall include the name of Horton lees Brogden lighting Design Inc. as
Lighting Designers.
We trust the above meets with your approval and would appreciate you r signing the enclosed duplicate of this Proposal and
returning it to us at your earlie st convenience. Th e returned copy will serve as our authorization to proceed .
Very truly yours ,
new york I lo • angel•• I son franc i sco I boston
300 Brannan Su tol , Suttt111 San lrancrsco (A 94 107 4t S 348 8173 vot<e 41S 348 81981ax I www.II LOIIg httng.co m
Angela McDonald IALD
Senior Principa l
HORTON LEES BROGDEN LIGHT IN G DESIGN INC .
Mr. Gregory Tu ng
22 Octob er 2012
Pag e 7 of 7
Accepted for: ---------------------------------
Authorized Signature : ---------------Date :---------------
Print Name : -----------------Print Titl e: --------------
m·w yo rk I lo1 ang~lu I san fr~ncisco 1 bo\ton
300 B~anna n lllttt. lurt• 111 San rranos.o CA 94107 41~ 3 48 8173 >Ore• 4 1~ 348 8298 fa< I www .ltl9hghtrnq.<om
Tasks
Task F. CONSTRUCTION SUPPORT PHASE
0 .1. Attend pre-construction conference
0 .2. Provide response to RF I
0.3. Review and respond to submitta ls
0.4. Attend weekly meetings (8 ) included
0.5. Attend special design meeting with contractor (1)
0 .6 . Attend punch walk and prepare punch list (1)
0.7. Attend punch walk verification walk (1)
0.8. Compile and/or provide Operations & Maintenance Manua l
0 .9 . Provide final report
Task F: Total Professional Fees
TOTAL PROJECT PROFESSIONAL FEES ESTIMATE:
TOTAL REIMBURSABLE$
1. Copies, Mylars, Shipping Costs
2 . Travel Expenses (mileage, vehicle expenses, meals)
$9,746
$43 ,264
Tasks A-B-C $578.50
Task 0 $1,023.50
TaskE $111.25
Task F $489.50
TOTAL PROJECT REIMBURSABLE$: $2,203
GRAND TOTAL: $45,467
DWE -Scope-Revised -2012-10-22 Page 2 of 2 10/22/2012
- 1 -
ATTACHMENT E
CONSULTANT SERVICES AGREEMENT
By and Between
THE CITY OF TEMPLE CITY
Municipal Corporation
And
FREEDMAN TUNG + SASAKI URBAN DESIGN
(Sole Proprietor)
Dated: October 23, 2012
- 2 -
ATTACHMENT E
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
FREEDMAN TUNG + SASAKI URBAN DESIGN
This Agreement for Consultant Services (“Agreement”) is entered into as of this day of
October, 2012 by and between the City of Temple City, a municipal corporation (“City”) and,
Freedman Tung + Sasaki Urban Design a [Sole Proprietor] (“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 issuance of a Request for Qualifications, Request for Proposals or
Invitation for Bids, the performance of the services defined and described particularly in Section 2 of this
Agreement.
B. Consultant, following submission of a proposal or bid 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. 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.
D. 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. TERMS 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 Default provisions of this
Agreement and may instead allow Consultant to continue performing the scope of services until such
services are complete.
Consultant’s provision of Tasks and Deliverables in accordance with the project schedule is an
important part of the Consultant’s responsibility. Consultant shall make every effort to complete the
Scope of Services pursuant to the schedule contained in Exhibit “A”. City acknowledges, however, that
various aspects of the project that impact the schedule – such as scheduling meetings with City Staff, City
Staff Review of submitted design drawings, scheduling meetings with elected and appointed officials,
obtaining information from City Staff critical to project timeframes – are not under the control of the
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Consultant. Instances in which conditions under City control are impacting project schedule shall be
brought to the attention of the City’s Project Manager in writing within 48 hours of the conditions in
question.
SECTION 2. SCOPE OF SERVICES.
Consultant agrees to perform the services set forth in Exhibit “A” “Scope of Services” and made
a part 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” and made a part of this Agreement. The total
compensation for Phase One, including reimbursement for actual expenses, shall
not exceed Five Hundred Thousand dollars ($500,000), unless additional compensation is approved
in writing by the City Council or City Manager. Phase Two will be considered as part of the City’s Mid-
Year Budget review with a funding request of approximately $600,000 to continue with construction
drawings and other related services.
(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.
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), charges corresponding to the labor
category in each invoice shall be further detailed to include a report indicating what tasks in the Scope
of Work have been completed wholly or partially through the date of the invoice. Sub-consultant
charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies.
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 within fourteen
(14) business days.
(c) Except as to any charges for work performed or expenses incurred by Consultant which
are disputed by City in writing fourteen (14) business days after receipt of the invoice, City will cause
Consultant to be paid for all undisputed work within thirty (30) business days after City ’s
receipt of Consultant’s invoice. City reserves the right to inspect all work performed and deliverables
provided and dispute such subsequent to submittal and payment of each invoice and to claim
reimbursement for such disputed work previously paid.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
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City may inspect and accept or reject any of Consultant’s work under this Agreement, either
during performance or when completed. City shall reject or finally accept Consultant’s work. City shall
reject work by written explanation. 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. CITY OF TEMPLE OWNERSHIP OF DOCUMENTS.
Except as otherwise provided herein, 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
(“Project Materials”) shall become the sole property of City upon payment of all undisputed amounts
due Consultant at completion of the Scope of Work, or termination of the Agreement, whichever is the
first to occur. Project Materials may be used, reused or otherwise disposed of by City, solely for City
purposes, without the permission of the Consultant. City’s use, reuse, or dis posal of the Project
Materials, except as directly relates to the subject project, shall be without any liability
to Consultant, and City shall waive and release Consultant from any such liability. Upon
completion, expiration or termination of this Agreement, Consultant shall turn over all Project Materials
to City within thirty (30) business days. Project Materials shall not include propriety models, formulae,
analytical systems, computer programs, and similar items of intellectual property that have been
patented, copyrighted, trademarked, or otherwise created by Consultant and subject to protection
under the law.
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 records shall be made available at
Consultant’s address indicated for receipt of notices in this Agreement.
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(c) Where City has reason to believe that any of the documents or records required to be
maintained pursuant to this section may be lost or discarded due to dissolution or termination of
Consultant’s business, City may, by written request, require that custody of such documents or records
be given to the City and that such documents and records be maintained by the requesting party.
Access to such documents and records shall be granted to City, as well as to its successors-in-interest
and authorized representatives.
SECTION 8. STATUS OF CONSULTANT.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an
officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or 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.
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 warranties related to Standard of
Performance shall not extend to such use of the maps, models, designs, drawings, photographs, studies,
surveys, reports, data, notes, computer files, files or other documents.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and local
laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement.
Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the
services set forth in this Agreement. No (elected or appointed) Temple City board member, officer,
official, employee, or agent, 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.
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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 there under:
Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities,
streets or sewers done under contract and paid for in whole or in part out of public funds. In this
context, “construction” includes work performed during the design and preconstruction phases of
construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race, color,
religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status
in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith,
shall not employ unauthorized aliens as defined therein. Should Consultant so employ such
unauthorized aliens for the performance of work and/or services covered by this Agreement, and should
the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant
hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed,
together with any and all costs, including attorneys’ fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City
or which would in any way hinder Consultant’s performance of services under this Agreement.
Consultant further covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent or subcontractor without the express
written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Consultant is, as of the date of execution of
this Agreement, independently involved in the performance of non-related services for other
governmental agencies and private parties. Consultant is unaware of any stated position of City relative
to such projects. Any future position of City on such projects shall not be considered a conflict of
interest for purposes of this section.
(c) City understands and acknowledges that Consultant will, perform non-related services
for other governmental agencies and private parties following the completion of the scope of work
under this Agreement. Any such future service shall not be considered a conflict of interest for purposes
of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Consultant in performance of this
Agreement shall be considered confidential, unless such information is in the public domain or already
known to Consultant. Consultant shall not release or disclose any such information or work product to
persons or entities other than City without prior written authorization from the City Manager, except as
may be required by law.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior
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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 reim-
bursement 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 there under. 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.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional
standard of care for Consultant’s Services, to the fullest extent permitted by law, 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 losses, liabilities, damages, costs and expenses,
including attorney’s fees and costs to the extent same are caused in whole or in part by any negligent or
wrongful act, error or omission of 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.
(b) Indemnification for Other than Professional Liability. Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend
and hold harmless City, and any and all of its employees, officials and agents from and against any
liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened,
including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), to the
extent the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of
Consultant.
(c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity
Agreements with provisions identical to those set forth here in this section from each and every sub-
contractor or any other person or entity involved by, for, with or on behalf of Consultant in the
performance of this Agreement. 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 here is binding on the successors, assigns or heirs of Consultant and shall survive the
termination of this Agreement or this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this Section 16
[Indemnification] to the contrary, design professionals are required to defend and indemnify the City
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only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design
professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the design professional. The term “design professional,” as
defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered
professional engineers, professional land surveyors, and the business entities that offer such services in
accordance with the applicable provisions of the California Business and Professions Code.
(e) 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.
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” and made a part of this
Agreement. All insurance policies shall be subject to approval by City as to form and content. These
requirements are subject to amendment or waiver if so approved in writing by the City Manager.
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 Agreement without the prior written
consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall
constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity,
including summary termination of this Agreement. City acknowledges, however, that Consultant, in the
performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty
(30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall
cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days
written notice of termination to City.
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(c) If either Consultant or City fails 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.
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 telecopy or certified mail, postage prepaid and return receipt
requested, addressed as follows:
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To City: City of Temple City
Attn: City Manager
9701 Las Tunas Drive
Temple City, CA 91780
To Consultant:
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. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
SECTION 27. MODIFICATION OF AGREEMENT.
On behalf of City, the City Manager shall have the power to administer and implement this
Agreement, including making minor amendments and modifications hereto. No minor amendment to
or modification of this Agreement shall be valid unless made in writing and approved by the Consultant
and by the City Manager. No major amendment to or modification of this Agreement, which is defined
for purposes of this section to mean any amendment or modification which increases the amount of
compensation due the Consultant pursuant to Section 4 [Compensation and Method of Payment] shall
be valid unless made in writing and approved by the Consultant and the City Council. The parties agree
that this requirement for written modifications cannot be waived and that any attempted waiver shall
be void.
SECTION 28. 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 or 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.
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SECTION 29. 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 30. 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 31. 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 statement, representation or other Agreement,
whether oral or written, made by any party which is not embodied herein, shall be valid and binding. No
amendment to this Agreement shall be valid and binding unless in writing duly executed by both parties
or their authorized representatives.
SECTION 32. 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
By: ,
City Manager
ATTEST:
City Clerk
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APPROVED AS TO FORM
By:
City Attorney
By: By:
Its: Its:
NOTE: CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS
SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER
RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.
A #4814-2021-6581 v1 12
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 true
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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_
TITLE(S)
_
TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL
_
NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
_
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
SIGNER(S) OTHER THAN NAMED ABOVE
_
LA #4814-2021-6581 v1 13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On _, _ before me, _, personally appeared _,
personally known to me - OR - 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.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_
TITLE(S)
_
TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL
_
NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
_
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_
_
_
SIGNER(S) OTHER THAN NAMED ABOVE
A-1
EXHIBIT “A”
SCOPE OF SERVICES AND RESPONSIBILITIES
I. CONSULTANT’S SCOPE OF SERVICES SHALL INCLUDE SERVICES IN FREEDMAN TUNG + SASAKI
URBAN DESIGN’S PROPOSAL DATED OCTOBER 23, 2012 AND WILL NOT BE LIMITED TO THE
FOLLOWING: (All work to be coordinated with the City’s Project Manager):
I-A. Pre-design phase to include but not be limited to the following services:
1. Attend design orientation.
2. Set management communication system with construction manager and all design
consultants.
3. Prepare design program.
4. Prepare milestone A/E schedule in coordination with the selected consultants.
5. Update A/E schedule as needed for integration into the master schedule.
6. Review documents provided on the attached DVD.
7. Boundary verification and layouts.
8. Where applicable underground utility investigation and design in coordination with
the utility companies for gas, water, sewer, storm water, telephone, cable, fire, and
etc.
I-B. Schematic Design Phase to include but not be limited to the following services:
1. Project start up and design investigation work.
2. Condition verification.
3. Development of Schematic design.
4. Product investigation, selection, and coordination with manufacturer.
5. Street Furnishing Selections and coordination with manufacturer.
6. Street Lighting/ Pole Design.
7. Hardscape and landscape material selection.
8. Cost estimate and life-cycle costing.
9. Community presentation meetings (up to 2).
10. Attend and have consultants attend coordination meetings (up to 4).
11. 30% submittal to include (at a minimum) plans, design rendering, and specification for
all disciplines for quality control review.
12. Design budgetary cost estimate.
13. Value engineering.
I-C. Design Development Phase to include but not be limited to the following services:
1. Streetscape layouts.
2. Refinement of Schematic design phase.
3. Provide design (plans elevations and renderings) for the following:
a. Landmark features;
b. East and west entries;
c. Treatment at open channel;
d. Billboards and signage;
e. Street lighting;
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f. Landscape lighting;
g. Landscape irrigation, drainage, and sustainability;
h. Sidewalks;
i. Curb ramps;
j. Transit Stops;
k. Rest areas;
l. Tree planting;
m. Median islands;
n. Improvement to underground utilities;
o. Crosswalks;
p. Accent nodes;
q. City entry and exit signs;
r. Traffic signals;
s. Traffic sign posts;
t. Public arts;
u. Transit shelters;
v. Street furniture;
w. Bulb-outs; and
x. Other design ideas such as bike lanes, newspaper stands, traffic control
cameras, security camera, etc.
4. Value engineering.
5. Cost Estimate
6. Addressing issues related to residential and commercial properties’ entrances and
exits.
a. Traffic engineering issues.
b. Detailed layout plans for treatment of special locations and issues.
c. Respond to issues and questions from the City of Temple City and other team
members.
d. Research and specification preparation for material and finishes- specification
sheet and samples to be provided.
e. 60% submittal to include (at a minimum) plans, specifications for all disciplines for
quality control review.
f. Design Development Cost estimate. g.
Value engineering.
h. Community presentation meeting (1 time).
i. Attend and have consultants attend the coordination meetings (up to 4 times). j.
Attending City’s council meetings (1 time).
Phase 2 work: Construction Document preparation, Bid and Award support, construction
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Support, and project close out, for the amount of $647,714, are not included in this agreement
and shall be added as an amendment to this agreement at the sole discretion of the city for the
above proposed amount at any time in the future.
II. AS PART OF THIS CONTRACT, CONSULTANT WILL BE RESPONSIBLE FOR THE FOLLOWING:
II-A. Pre-Design Phase: Condition Assessment and Validation Review and validate the document
provided by City, including Temple City Downtown Specific Plan, Comprehensive Downtown
Parking Strategic Plan, and Temple City Traffic Calming Master Plan. Identify in writing any
significant variations.
II-B. Schematic/ Design Development Phase: Development of Schematic Design Documents for
the City of Temple City. Development of Design Development Documents based upon
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approval of Schematic Design, design documents and any adjustments authorized by the
City of Temple City to the Program Schedule or Construction Budget.
II-C. Construction Document Phase: Not included in this agreement
II-D. Bid and Award Phase: Not included in this agreement
II-E. Construction Phase: Not included in this agreement
III. DURING PERFORMANCE OF THE SERVICES, CONSULTANT WILL KEEP THE CITY APPRISED OF THE
STATUS OF PERFORMANCE AND AGREES TO PROVIDE THE SERVICES DESCRIBED BELOW:
III-A. Basic Services: Consultant agrees to provide the services described below:
1. Determine the agencies that have jurisdiction over the area of work and coordinate with
and implement the requirements of the regulatory agencies.
2. Contract for or employ at consultant’s expense, sub-consultants to the extent deemed
necessary for completion of the Project including: architects; electrical/lighting, civil
engineers, traffic engineer, mechanical and plumbing engineer, landscape architects
(and others as necessary) licensed as such by the State of California. The names of said
sub-consultants shall be submitted to the City of Temple City for approval prior to
commencement of work. The City of Temple City reserves the right to reject the use of
any sub-consultants. Nothing in the forgoing procedure shall create any contractual
relationship between the City of Temple City and any sub-consultants employed by the
consultant under terms of this Agreement.
3. Agree to exercise usual and customary professional care in its efforts to comply with all
laws and regulations which apply to work of this Agreement.
4. Cooperate with other professionals employed by the City of Temple City for the design,
coordination or management of work related to the Project. The City of Temple City has
retained the services of a Construction Manager (CM) to act as a “City of Temple City’s
Representative” in an advisory capacity on the project. In providing the Construction
Manager's Services described in this Agreement, the CM shall not assume any of the
responsibilities or duties of the Contractors or the Design Professional. The Architect
remains solely responsible for the contents of design drawings and design documents.
5. Attend coordination meetings during the entire design phase with his sub-consultants,
consultant shall invite the City of Temple City and/or its representative to participate in
these meetings. The consultant shall keep a separate log to document
design/coordination comments generated in these meetings.
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6. Review subsoil data, and other information furnished to consultant pursuant to this
Agreement and advise the City of Temple City whether such data are sufficient for
purposes of design, or whether additional data are necessary.
7. Be responsible for the professional quality, technical accuracy and the coordination of
all studies, reports, projections, master plans, designs, drawings, specifications and
other services furnished by consultant under this Agreement. The consultant shall,
without additional compensation, correct or revise any errors or omissions in its studies,
reports, projections, master plans, design, drawings, specifications and other services.
If desired by the City of Temple City and agreed to by the consultant, consultant shall
provide other required services to determine such compliance not specifically identified
and included in the scope of this Agreement through an amendment to this Agreement,
as an additional service.
8. Provide services required to obtain approval from the local and federal agencies having
jurisdiction over the Project. Provide support services to the City Consultant for CEQA
and NEPA as required.
9. Review the existing grading, drainage, horizontal control, and utility infrastructure plans
to assist in preparation of the new design drawing for this project. The services
described in this Subparagraph shall be provided by a professional civil engineer who is
to subcontract with the consultant.
10. Consultant to document the location of existing utility lines, telephone, water and
sewage, etc., within the limits of the City of Temple City on-site property. This
information shall be provided by the City of Temple City. The consultant must verify the
capacity of all existing project utilities.
11. Maintain a log of all meetings, site visits or discussions held in conjunction with the work
of this Project, with documentation of major discussion points, observations, decisions,
questions or comments. These shall be furnished to the City of Temple City and/or their
representative for inclusion in the overall project documentation.
12. Utilize the standardized filing system as established by the City of Temple City.
13. The consultant is not responsible for:
a. Ground contamination or hazardous material analysis.
b. Any asbestos testing, design or abatement.
c. Environmental impact report.
d. Historical significance report.
e. Soils investigation.
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f. Geotechnical hazard report.
g. Topographic survey.
14. Neither the City of Temple City’s review, approval of, nor payment, for any of the
services required under this Agreement shall be construed to operate as a waiver of any
rights under this Agreement, and consultant shall remain liable to the City of Temple
City in accordance with applicable law for all damages to the City of Temple City caused
by consultant’s failure to perform any of the services furnished under this Agreement.
III-B. DESIGN SERVICES TASK I: Consultant agrees to provide the services described below:
1. Project Initiation:
Upon final execution of the Contract with the City of Temple City, the consultant shall:
a. Within the first week following execution of the contract, meet with the City of
Temple City and their representatives to prepare a detailed task analysis and work
plan for documentation in a computer generated project schedule. The City of
Temple City will produce the final scheduling format based on data furnished by
consultant.
This task analysis and work plan will identify specific tasks including, but not limited
to: interviews, data collection, required City of Temple City filing standards,
analysis, report preparation, planning, Architectural programming, concepts and
schematic design preparation and estimating that are part of the work of the
Project. Also identified will be milestone activities or dates, specific task
responsibilities, required times for completion and additional definition of
deliverables.
b. Review the developed work plan with the City of Temple City and their
representatives to familiarize them with the proposed tasks and schedule and
develop necessary modifications.
c. Participate in a general Project kick-off meeting to include the consultant’s
appropriate sub-consultants, and City of Temple City staff.
i. The project kick-off meeting will introduce key team members from the City of
Temple City and the consultant to each other defining roles and responsibilities
relative to the Project.
ii. Identify and review pertinent information and/or documentation necessary
from the City of Temple City for the completion of the Project.
iii. Review and explain the overall project goals, general approach, tasks, work
plan and procedures and deliverable products of the Project.
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iv. Review and explain the task analysis and project work plan for all parties
present; determine any adjustments or fine tuning that needs to be made to
the work plan.
v. Review documentation of the project kick-off meeting prepared by the City of
Temple City’s representative and comment prior to distribution.
2. Development of Architectural Program: Perform pre-design investigations to establish
appropriate guidelines around which and within which the Project is to be designed. Identify
design issues relating to functional need, directives and constraints imposed by regulatory
codes.
a. Provide a design information check list identifying critical issues affecting project
completion and certification; significant site considerations; applicable planning and
zoning requirements; applicable code requirements; applicable fire and life safety
requirements; and water runoff requirements; electrical power service and
requirements.
b. Conduct Architectural program meeting with the City of Temple City selected
project committee.
c. Develop probable construction cost for the Project; probable costs are to be based on
the developed functional Architectural programs as approved by the City of Temple
City.
i. Probable costs prepared by the consultant:
i(a) All costs are to be based on current bid prices, with escalation rate and
duration clearly identified as a separate line item; rate of cost escalation and
projected bid and construction dates are to be as approved by the City of
Temple City and their representatives.
I(b) Contingencies for design, bidding or construction, if included in the probable
costs, are to be included as individual line items, with the percentage and
base of calculation clearly identified.
i(c) All construction probable costs developed per the above should additionally
be presented and summarized by the Construction Specification Institute (CSI)
category for the project.
I(d) One week prior to the submittal of documents, the consultant’s proposed
cost format must be submitted to the City of Temple City for review and
approval.
i(e) Sub-consultants shall participate in the progress meeting as appropriate and
shall provide input and feedback into the development of the probable cost.
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3. Site Master Planning: Prepare a new Master Site Plan configuration for the proposed work.
The development of this new Master Site Plan should incorporate or be based upon
completion of the following tasks:
a. Assist the City of Temple City conducting initial, intermediate and final community
meetings to solicit feedback, comments, and concerns from the community.
b. Document and take into consideration existing physical characteristics of the proposed
site such as topography, drainage, plant coverage, views to and from the proposed site,
current site usage and potential for future site development.
d. Analyze the proposed site existing conditions relative to potential effect on master
planning circulation, access, parking, constructability, businesses and future
development potential.
e. Develop a Master Site Plan showing in detail the temporary construction safety
measures for safe traffic movement during each phase of construction.
4. Meeting: During the Architectural Programming Design Phase it is anticipated that
approximately two (2) meetings per month, will be convened between the City of Temple
City and the consultant. These meeting will not exceed one day in duration and will be held
in City of Temple City. Decisions made at such meetings and subsequently approved by the
City of Temple City shall be binding. Any revisions or reconsiderations of such decisions shall
constitute a change in the scope of services of the consultant.
5. Deliverables: Consultant:
a. Shall provide to the City of Temple City the following quantities of materials resulting
from the work of the Project:
Copies:
Six (6) - of Functional and Architectural Program Report. (Include a comparison
between developed program and “model” program; include narrative
explaining any substantial deviations).
Six (6) - of Master Site Plan.
Six (6) - of Project Probable Cost.
One (1) - copy of Design Information Checklist.
Six (6) - of the collected meeting notes, notes, visit or telephone reports, interview
minutes or notes, and summary correspondence.
b. consultant along with his sub-consultant shall present and review with the City of
Temple City and the City Council the summary and detail of the work mentioned
above.
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5. Project Cessation Provisions: Upon completion and review of the functional and
Architectural program and master site planning, no further work shall be done unless and
until the City of Temple City has approved the completed work for Design Services Task I and
has given a written Notice of proceed to consultant for Design Services Task II.
III-C. DESIGN SERVICES TASK II
1. Schematic Design: Schematic Design: Upon written authorization from the City of
Temple City, to proceed with the Schematic Design Phase. The consultant shall prepare
for the City of Temple City’s review a Schematic Design Study for all disciplines to
include the following:
a. Scaled street plans showing all intersections, driveways, entrances, features and
their relationships.
b. Site plan with minimum one (1) foot contour grade intervals. All major site
development, such as paving, utilities and facilities shall be shown, including City’s
property lines, existing structures, and walls and fences. The information provided
on the drawing shall include all structure and infrastructure within seventy five
(75’) feet outside of the project construction limits on all sides.
c. Identify code requirements;
d. As needed structural drawing for the Road bed and street pavements; and
e. Mechanical and plumbing: for any possible infrastructures that may impact the
project
f. Coordination with local utility companies, and provide information and coordinate
drawing for street light design, traffic and pedestrian signals.
g. Development of site utility systems such as electrical, sewer, gas, water, storm
drain, telephone, cable and fire hydrants.
h. Identify surface improvements including roadways, pedestrian sidewalks, parking
preliminary finish grades and drainage.
i. Development and coordination of landscape design concepts entailing analysis of
existing conditions and proposed components. Include location and description of
planting, ground improvements and visual barriers.
j. Development and coordination of design for pedestrian cross walks, pedestrian
signal lights, traffic signals and roadway safety issues entailing analysis of existing
conditions and proposed components. Include location and description of the
existing and proposed components.
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k. Specifications: for all disciplines: Outline specifications of proposed work for all
disciplines (consultants and sub-consultants work) and their criteria and quality
standards.
l. Probable Costs:
i. Schematic Probable costs: This probable cost consists of unit cost applied to the
major items and quantities of work. The unit cost shall reflect the complete
direct current cost of work. Complete cost meaning labor, material, waste
allowance, sales tax and subcontractor's mark-up.
General conditions shall be applied separately. This probable cost shall be
prepared by specification section and summarized by the Construction
Specification Institute (CSI) category.
ii. The probable cost format shall be submitted to the City of Temple City for prior
review and approval.
iii. Escalation: All probable costs shall be priced out at current market conditions.
The probable costs shall incorporate all adjustments as appropriate, relating to
mid-point construction, contingency, and cost index.
m. Meetings: During the Schematic Design Phase it is anticipated that two (2) weekly
meeting per month between the City of Temple City and the consultant to address
specific design issues and to facilitate the decision-making process. Such meetings
shall be held in City of Temple City office. Decisions made at such meetings and
subsequently approved by the City of Temple City shall be binding. Any revisions or
reconsideration of such decisions shall constitute a change in the scope of services
of the consultants.
n. Deliverables:
Copies:
Six (6) - Schematic Design Package submittal with alternatives.
Four (4) - Probable Cost.
Two (2) - statement indicating changes made to the program/master plan.
Two (2) - Project file, including all correspondence, meeting notes, etc. to date.
o. Presentation: consultant along with his sub-consultants shall present and review
with the City of Temple City and the detailed Schematic Design. The schematic
design studies shall be revised within the program parameters until a final concept
has been accepted and approved by the City of Temple City at no additional cost to
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the City of Temple City. The final schematic design may have to be presented at a
community meeting as well.
p. Project Cessation Provisions: Upon completion of the schematic design study, the
City of Temple City shall have the right to terminate this Agreement upon written
notice of such termination to consultant.
The City of Temple City shall pay the consultant only the fee associated with the
services provided under the Schematic Design Phase.
2. Design Development: Upon written authorization by the City of Temple City to proceed
with the Design Development Phase, consultant shall prepare from the Schematic
Design Phase documents approved by the City of Temple City, Design Development
Phase documents consisting of the following:
a. Architectural and all other disciplines (consultant and sub-consultants work):
i. Scaled, dimensioned plans for the street and its components.
ii. Scaled cross road sections showing dimensional relationships, materials and
component relationships.
iii. Identification of all fixed equipment to be installed in contract.
iv. Plan to be completely drawn with beginning notes and dimensions including
grading and paving.
v. Preliminary development of details and large-scale blow-ups.
vi. Legend showing all symbols used on drawings.
vii. Plans identifying all major equipment and furniture.
viii. Further refinement of SD outline specification for architectural, and all
engineering design work, and landscape manuals, systems and equipment.
ix. Lighting plans and specification for the street, showing: (work to be
coordinated with SCE)
ix(a) Light fixtures options;
ix(b) Power plans; and
ix(c) Installation detail and sections.
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b. Electrical:
i. All lighting fixtures should be located and scheduled showing all types and
quantities of fixtures to be used, including proposed lighting levels.
ii. All major electrical equipment at point of connections should be scheduled
indicating size and capacity.
iii. Complete electrical distribution including a one line diagram indicating point
of connections, communications, controls; (high and low voltage) motor
control centers, panels, transformers and emergency generators, if required.
iv. Legend showing all symbols used on drawings.
v. More developed outline specifications indicating quality level and
manufacture.
c. Civil:
i. Further refinement of SD development of site utility systems for sewer, water,
storm drain, gas, and fire water. Includes pipe sizes, materials, invert elevation
location and description of manholes, clean outs, hookups, bedding and
installation details.
ii. Further refinement of SD drawing related roadways, sidewalks, bulb outs,
parking, medians, cross walks, transit stops and shelters, rest area furniture,
entry and exiting locations, driveways, curb and gutters, storm drainage
improvements and ADA path compliance issues. Include details and large
scale drawings of curb and gutter, manhole, thrust blocks, paved parking and
roadway sections.
iii. Structural drawing with all major members located and sized as they may
apply to some of the elements on the street such as road bed and possible
retaining wall modifications.
iv. Preliminary specifications.
d. Landscape:
Further refinement of Schematic Design concepts. Includes coordination of
hardscape, landscape planting, ground cover, and irrigation main distribution lines.
e. Traffic Engineer:
Further Development and coordination of design for pedestrian cross walks,
pedestrian signal lights, traffic signals and roadway safety issues. Include
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specification for the proposed components. Identify and coordinate the layout of
the proposed components with the City of Temple City’s Traffic Engineer.
f. Lighting designer:
Provide plan and specification for the street lighting selection and alternatives such
as energy saving options.
g. City of Temple City to provide general condition specification and supplementary
conditions.
h. Probable Cost:
Design Development Probable Cost: This probable cost shall be prepared by
specification section, summarized by CSI category. The probable cost shall include
individual item unit costs of materials, labor and equipment. Sales tax, contractor's
mark-ups, and general conditions shall be listed separately.
i. Meetings: During the Design Development Phase it is anticipated that two (2)
meetings per month will convene to address specific design issues and to facilitate
the decision making process such meeting shall not exceed one day in duration and
will be held in the City of Temple City office. Documented decisions made at such
meetings and subsequently approved by the City of Temple City shall be binding.
Any revisions or reconsiderations of such decisions affecting program, master plan
and schematic design shall constitute a change in the scope of services of the
consultant. City of Temple City and consultant shall schedule progress meetings to
coincide with the consultant’s coordination meeting.
j. Deliverables:
Copies.
Three (3) - prints from all professional disciplines necessary to deliver the project
Four (4) - Outline Specifications
Four (4) - Probable Cost
Two (2) - Permit File, including all correspondence, meeting notes, etc. to
date
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3. Construction Document: Not part of this agreement
4. BID AND AWARD PHASE: Not part of this agreement
5. CONSTRUCTION ADMINISTRATION PHASE: Not part of this agreement
IV. PROGRAM SCHEDULE:
Program Schedule shall be provide by the selected design consultant. The duration for this
agreement is 6 calendar months starting from the formal notice to proceed by the City of Temple
City. The completion of Schematic Design for submission to MTA on “Call For Project” shall be
January 16th of 2013.
V. 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, the consultant shall comply with the Scope of Services as indicated above.
EXHIBIT “B”
COMPENSATION
I. In addition to the hourly rates, the Consultant shall use the following table for the breakdown of
proposed fee on the provided Services:
Phase One
A. Pre Design Services
$148,102 or 13%
B. Schematic Design/ Design Development Services
$196,431 or 18%
C. Design Development
$112,503 or 10%
Totals for Phase One
457,036 or 41%
Note: The fees for Freedman Tung + Sasaki Urban Design will be consistent with the hourly rate
schedule for them and their sub-consultants for the not to exceed amount mentioned in the above
table.
II. The City will compensate Consultant for the Services performed upon submission of a valid invoice.
Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked,
and the hourly rate.
B. Line items for all supplies properly charged to the Services.
C. Line items for all travel properly charged to the Services.
D. Line items for all equipment properly charged to the Services.
E. Line items for all materials properly charged to the Services.
F. Line items for all subcontractor labor, supplies, equipment, materials, and travel properly
charged to the Services.
IV. The total compensation for the Services for Phase One shall not exceed $500,000, as provided in
Section 4 of this Agreement.
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EXHIBIT “C”
INSURANCE
A. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the
City Manager or City Counsel, in full force and effect throughout the term of this Agreement,
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers with a current A.M. Best’s
rating of no less than A: VII. Consultant shall provide the following scope and limits of
insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage
(Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, including code 1 “any auto” and endorsement CA
0025, or equivalent forms subject to the written approval of the City.
(3) Workers’ Compensation insurance as required by the Labor Code of
State of California and Employer’s Liability insurance and covering all
persons providing services on behalf of the Consultant and all risks to
such persons under this Agreement.
(4) 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 insurance no
less than:
(1) General Liability: $1,000,000 general aggregate for bodily injury,
personal injury and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage. A combined single limit policy with aggregate limits
in an amount of not less than $2,000,000 shall be considered equivalent
to the said required minimum limits set forth above.
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(3) Workers’ Compensation and Employer’s Liability: Workers’
Compensation as required by the Labor Code of the State of California
and Employers Liability limits of not less than $1,000,000 per accident.
(4) Professional Liability: $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following
provisions:
1. All Policies. 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.
2. General Liability and Automobile Liability Coverage.
(1) City, and its respective elected and appointed officers, officials, and
employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities Consultant performs; products
and completed operations of Consultant; premises owned, occupied or
used by Consultant ; or automobiles owned, leased, hired or borrowed
by Consultant. The coverage shall contain no special limitations on the
scope of protection afforded to City, and their respective elected and
appointed officers, officials, or employees.
(2) Consultant’s insurance coverage shall be primary insurance with respect
to City, and its respective elected and appointed, its officers, officials,
employees and volunteers. Any insurance or self insurance maintained
by City, and its respective elected and appointed officers, officials,
employees or volunteers, shall apply in excess of, and not contribute
with, Consultant’s insurance.
(3) Consultant’s insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits
of the insurer’s liability.
(4) Any failure to comply with the reporting or other provisions of the
policies including breaches of warranties shall not affect coverage
provided to City, and its respective elected and appointed officers,
officials, employees or volunteers.
3. Workers’ Compensation and Employer’s Liability Coverage. Unless the City
Manager otherwise agrees in writing, the insurer shall agree to waive all rights
of subrogation against City, and its respective elected and appointed officers,
officials, employees and agents for losses arising from work performed by
Consultant.
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C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of
this contract, certificates of insurance necessary to satisfy City that the insurance provisions of
this contract have been complied with. The City Attorney may require that Consultant furnish
City with copies of original endorsements effecting coverage required by this Section. The
certificates and endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. City reserves the right to inspect complete, certified copies of all
required insurance policies, at any time.
1. Consultant shall furnish certificates and endorsements from each subcontractor
identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by
City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City or its respective elected
or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations,
claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be
construed to limit Consultant’s liability hereunder or to fulfill the
indemnification provisions and requirements of this Agreement.