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Staff Report
TO: THE HONORABLE CITY COUNCIL DATE: SEPTEMBER 21, 2010
FROM: JOSE E. PULIDO, CITY MANAGE
BY: CATHY BURROUGHS, DIRECTOR OF PARKS AND RECREATION
SUBJECT: AMENDMENT TO AGREEMENT WITH HIRSCH & ASSOCIATES, INC.
(PROJECT NO. P10-03)
SUMMARY
The City Council is requested to approve an amendment to the Agreement with Hirsch
& Associates, Inc. (HAI) to cover the cost of additional services for the Live Oak Park
and Temple City Park planter renovation and monument sign project in the amount of
$1,600.
BACKGROUND
1. On December 28, 2009, the City issued a Request for Proposal (RFP) for
landscape architectural services for the design of a park monument sign and
planting plan in existing planters at Live Oak Park and Temple City Park.
2. The City received three (3) proposals by the January 15, 2010 deadline in
response to the City's RFP.
3. On February 16, 2010, the City Council awarded a contract, in the amount of
$11,720, to Hirsch & Associates, Inc. (HAI) to initiate the design and bidding
process for the renovation of the circular planters at Live Oak Park and Temple
City Park. Also included was design of new monument signs for both facilities. A
$1,000 contingency was included. The scope of work for the contract included one
(1) conceptual layout featuring sign location and proposed plant locations for each
park, as well as minor revisions for each layout.
4. On March 2, 2010, the City Council approved the commissioning of a bust of
Walter P. Temple in conjunction with the City's 50th anniversary. The bust was to
be placed in, or near, Temple City Park within the Civic Center Complex.
5. On April 6, 2010, the City Council selected a location at the southwest corner of
Temple City Park, near the park sign and planter, for the placement of the bust.
Based on the Council's decision, staff requested HAI incorporate the placement of
the bust, as well as design of the pedestal and any necessary signage, into the
Temple City Park monument sign project.
City Council
September 21, 2010
Page 2
6. On May 20, 2010, staff provided copies of HAI's Temple City Park Monument Sign
Concepts, Options A - E to the City Council for review and input. A copy was also
given to Robert Hepier, a local resident who assisted with coordination of the bust.
7. On June 22, 2010, Robert Hepier provided staff with four designs incorporating the
bust into the new monument sign at the proposed location on the southeast corner
of Temple City Park. Staff provided those drawings to HAI.
8. At the City Council meeting of July 20, 2010, the City Council reviewed options A —
E from HAI, as well as Robert Hepler's four designs, and ultimately selected design
option "B" by HAI, for the new monument sign in Temple City Park. The Council
requested that the architect provide additional options based on discussions at the
meeting.
9. HAI has submitted three alternatives for design option "B", incorporating the
changes suggested by the City Council on July 20, 2010. The Council will be
considering final approval of a design on September 21, 2010.
When the City issued RFP for the planter renovations and monument sign projects, the
project was expected to be relatively simple - design monument signs for Live Oak and
Temple City parks consistent with those used throughout the City at the Chamber of
Commerce office and throughout the public parking lots; correct drainage issues in the
large circular planter at Live Oak Park; and provide an updated planting plan for the
planters. The scope of work submitted by HAI was consistent with what was required.
When the contract was awarded to HAI in February, the scope of work had not
changed. Subsequent to the award of contract on February 16, 2010, the City Council
added the inclusion of the Walter P. Temple bust to the design for the sign and planter
at Temple City Park. Because of this, the architect has gone beyond the original scope
of work providing additional design concepts for the Temple City Park monument sign
and meeting with Robert Hepier in an effort to accommodate the artist's requests for
display of the bust.
Staff has reviewed the request for additional services from HAI and agrees the scope of
work has been expanded and that the additional fees, in the amount of $1,600, are
reasonable and consistent with the fee schedule submitted with the original proposal.
FISCAL IMPACT
As part of the Fiscal Year (FY) 2009-10 City Budget, the City Council approved a
funding appropriation of $30,000 for the renovation of the circular planter at Live Oak
Park (P10-03). Subsequently the City added the construction of the monument sign
and planter renovation at Temple City Park to the project. An additional $10,000 was
appropriated by the City Council in the FY 2010-2011 City Budget bringing the total
funding for this project to $40,000.
City Council
September 21, 2010
Page 3
RECOMMENDATION
Approve amendment to the Agreement with Hirsch & Associates, Inc. increasing the
professional fees for the Live Oak Park and Temple City Park planter renovation and
monument sign project by $1,600.
Attachments: 1) Amendment to Design Professional Service Agreement - Hirsch &
Associates, Inc.
2) Design Professional Services Agreement — Hirsch & Associates,
Inc.
3) Correspondence from Hirsch & Associates, Inc. - Temple City Park
Sign — Additional Services dated September 7, 2010
CITY OF TEMPLE CITY
AMENDMENT TO DESIGN PROFESSIONAL SERVICES AGREEMENT
HIRSCH & ASSOCIATES, INC.
The undersigned do hereby amend the Agreement between the City of Temple City
(CITY) and Hirsch & Associates, Inc. (CONSULTANT), dated February 16, 2010, as
follows:
5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the Fee
Proposal, and Additional Services request, attached hereto and incorporated herein by
this reference as though set forth in full, based upon actual time spent on the above
tasks. The amount shall not exceed thirteen thousand three hundred and twenty dollars
($13,320) for the total term of the Agreement unless additional payment is approved as
provided in this Agreement.
Notwithstanding the aforementioned Amendment, all other provisions of said Agreement
shall remain in effect.
Date:
CITY OF TEMPLE CITY HIRSCH & ASSOCIATES, INC.
By:
City Manager Consultant
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF TEMPLE CITY
DESIGN PROFESSIONAL SERVICE AGREEMENT
THIS AGREEMENT is made and effective as of February 16, 2010, between the City of
Temple City, a municipal corporation ("City") and Hirsch & Associates, Inc., a corporation
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1, TERM
This Agreement shall commence on February 16, 2010 and shall remain and
continue in effect until tasks described herein are completed, but in no event later than
December 31, 2010, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached
hereto and incorporated herein as though set forth in full.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability,
experience, and talent, perform all tasks described herein, Consultant shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Consultant hereunder in meeting its obligations
under this Agreement.
4. CITY MANAGEMENT
City's Director of Parks and Recreation shall represent City in all matters pertaining to
the administration of this Agreement, review and approval of all products submitted by
Consultant, but not including the authority to enlarge the Tasks to Be Performed or change
the compensation due to Consultant. City's City Manager shall be authorized to act on
City's behalf and to execute all necessary documents, which enlarge the Tasks to Be
Performed or change Consultant's compensation, subject to Section 5 hereof.
5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the Fee Proposal
attached hereto and incorporated herein by this reference as though set forth in full, based
upon actual time spent on the above tasks. This amount shall not exceed eleven thousand
seven hundred and twenty dollars ($11,720.00) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with
its performance of this Agreement, which are in addition to those set forth herein, unless
such additional services are authorized in advance and in writing by the City Manager.
Consultant shall be compensated for any additional services in the amounts and in the
manner as agreed to by City Manager and Consultant at the time City's written authorization
is given to Consultant for the performance of said services. The City Manager may approve
additional work not to exceed one thousand dollars ($1,000.00), Any additional work in
excess of this amount shall be approved by the City Council.
(c) Consultant will submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon thereafter as
practical, for services provided in the previous month. Payment shall be made within thirty
(30) days of receipt of each invoice as to all non -disputed fees. lithe City disputes any of
Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of
an invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten
(10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City
suspends or terminates a portion of this Agreement such suspension or termination shall not
make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall
pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section
5.
7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant
for any work performed after the date of default and can terminate this Agreement
immediately by written notice to the Consultant. If such failure by the Consultant to make
progress in the performance of work hereunder arises out of causes beyond the
Consultant's control, and without fault or negligence of the Consultant, it shall not be
considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, he/she shall cause to
be served upon the Consultant a written notice of the default. The Consultant shall have ten
(10) days after service upon it of said notice in which to cure the default by rendering a
satisfactory performance. In the event that the Consultant fails to cure its default within such
period of time, the City shall have the right, notwithstanding any other provision of this
Agreement, to terminate this Agreement without further notice and without prejudice to any
other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records
of services provided in sufficient detail to permit an evaluation of services. All such records
shall be maintained in accordance with generally accepted accounting principles and shall
be clearly identified and readily accessible. Consultant shall provide free access to the
representatives of City or its designees at reasonable times to such books and records; shall
give City the right to examine and audit said books and records; shall permit City to make
transcripts therefrom as necessary; and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Agreement. Such records, together with
supporting documents, shall be maintained for a period of three (3) years after receipt of
final payment.
(b) Upon completion of, or in the event of termination or suspension of this
Agreement, all documents, designs, drawings, maps, models, computer files, surveys,
notes, and other documents prepared in the course of providing the services to be
performed pursuant to this Agreement shall become the sole property of the City and may
be used, reused, or otherwise disposed of by the City without the permission of the
Consultant. Consultant shall provide as -built documents to City in CAD format, With
respect to computer files, Consultant shall make available to the City, at the Consultant's
office and upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring, and printing computer files.
9. INDEMNIFICATION FOR PROFESSIONAL LIABILITY
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 which arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit B attached to and part of this
agreement.
11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent
Consultant. 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 of its officers, employees, or agents 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 it or any of its
officers, employees, or agents are in any manner officers, employees, or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation, or liability
whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations
which in any manner affect those employed by it or in any way affect the performance of its
service pursuant to this Agreement. The Consultant shall at all times observe and comply
with all such laws and regulations. The City, and its officers and employees, shall not be
liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. 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.
14. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the award,
terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of the City will
receive compensation, directly or indirectly, from Consultant, or from any officer, employee
or agent of Consultant, in connection with the award of this Agreement or any work to be
conducted as a result of this Agreement. Violation of this Section shall be a material breach
of this Agreement entitling the City to any and ail remedies at law or in equity.
15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the Project during
his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any
agreement or sub -agreement, or the proceeds thereof, for work to be performed in
connection with the Project performed under this Agreement.
16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) Ali information gained by Consultant in performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents, or subconsultants, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories, or other information concerning the work performed under this Agreement or
relating to any project or property located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives City notice of such court
order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees,
agents, or subconsultants 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 person or party regarding this
Agreement and the work performed thereunder or with respect to any project or property
located within the City. City retains the right, but has no obligation, to represent Consultant
and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to
cooperate fully with City and to provide the opportunity to review any response to discovery
requests provided by Consultant. However, City's right to review any such response does
not imply or mean the right by City to control, direct, or rewrite said response.
17. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by
a reputable document delivery service, such as but not limited to, Federal Express, which
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the
party as set forth below or at any other address as that party may later designate by notice:
To City:
To Consultant:
18, ASSIGNMENT
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
Attention: City Clerk
Hirsch & Associates, Inc.
2221 East Winston Road, Suite A
Anaheim, CA 92806
Attention: Charles Foley
The Consultant shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without prior written consent of the City. Because of
the personal nature of the services to be rendered pursuant to this Agreement, only Patrick
Hirsch, Charles Foley, or a designee approved by City, shall perform the services described
in this Agreement.
The Consultant may use assistants, under its direct supervision, to perform some of
the services under this Agreement. Consultant shall provide City fourteen (14) days' notice
prior to the departure of Patrick Hirsch or Charles Foley from Consultant's employ. Should
he/she leave Consultant's employ, the City shall have the option to immediately terminate
this Agreement, within three (3) days of the close of said notice period. Upon termination of
this Agreement, Consultant's sole compensation shall be payment for actual services
perforrned up to, and including, the date of termination or as may be otherwise agreed to in
writing between the City Council and the Consultant.
19. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
20. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California
shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement
shall take place in the municipal, superior, or federal district court with jurisdiction over the
City of Temple City.
21. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are merged
into this Agreement and shall be of no further force or effect, Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's
own independent investigation of any and all facts such party deems material.
22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant,
and attached to Exhibit A hereto. In the event of a conflict between any provision of this
Agreement and any provision of the proposal, or Exhibit A, as they may exist from time
to time, the provision of this Agreement shall be deemed controlling and shall govern
and control such matter.
23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMPLE CITY
By: City Manager
04-174-e15, FcLey
(Type/Print Name)
Its: V
(Title)
Attest:
City Clerk
Approved As To Form:
City Attorney
EXHIBIT A
CONSULTANT agrees to perform, in a accordance with the highest professional standards
of those landscape architects practicing in Los Angeles County and engaged in providing
architectural, design, engineering and project management services and in a manner
acceptable to CITY, the professional services outlined in the Proposal for the Design
Development for Planters at Live Oak and Temple City Parks and the Revised Proposal for
the Design Development for Planters et Live Oak and .Temple City Parks submitted by
CONSULTANT, which are attached hereto and made a part hereof.
TASKS TO BE PERFORMED
1. Design development including conceptual layout/inventory and analysis
2. Preparation of construction documents and technical specifications
3. Assistance to the City during the bidding and negotiation process
4, Construction support
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use existing
coverage to comply with these requirements, if that existing coverage does not meet the
requirements set forth here, Consultant agrees to amend, supplement or endorse the
existing coverage to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office 'Commercial
General Liability' policy form CG 00 01 or the exact equivalent. Defense costs must be paid
in addition to limits. There shall be no cross liability exclusion for claims or suits by one
insured against another. Limits are subject to review but in no event less than $1,000,000
per occurrence.
Business Auto Coverage on ISO Business Auto Coverage foram CA 00 01 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less
than $100,000/300,000 per accident for bodily injury and $50,000 property damage. If
Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto
endorsement to the general liability policy described above. If Consultant or Consultant's
employees will use personal autos in any way on this project, Consultant shall provide
evidence of personal auto liability coverage for each such person.
Workers Compensation on a state -approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a
policy form coverage specifically designed to protect against acts, errors or omissions of the
consultant and "Covered Professional Services" as designated in the policy must specifically
include work performed under this agreement. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured
and must include a provision establishing the insurer's duty to defend. The policy retroactive
date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a
minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant
and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Consultant, or Consultant's employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable
to this agreement are intended to apply to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4, None of the coverages required herein will be in compliance with these requirements
if they include any limiting endorsement of any kind that has not been first submitted
to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate
so-called "third party action over" claims, including any exclusion for bodily injury to
an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy shall be delivered to City at or
prior to the execution of this Agreement, In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and
no replacement coverage is provided, City has the right, but not the duty, to obtain
any insurance it deems necessary to protect its interests under this or any other
agreement and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Consultant or deducted from sums due Consultant, at City
option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Consultant agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will "endeavor"
(as opposed to being required) to comply with the requirements of the certificate.
9, It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply first
and on a primary, non-contributing basis in relation to any other insurance or self
insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with
the project who is brought onto or involved in the project by Consultant, provide the
same minimum insurance coverage required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring that
such coverage is provided in conformity with the requirements of this section.
Consultant agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to City for review.
11. Consultant agrees not to self -insure or to use any self -insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it
will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated
by this agreement to self -insure its obligations to City. if Consultant's existing
coverage includes a deductible or self -insured retention, the deductible or self -
insured retention must be declared to the City. At that time the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self --insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the ter i of the contract to change the
amounts and types of insurance required by giving the Consultant ninety (90) days
advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of
City to inform Consultant of non-compliance with any insurance requirement in no
way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect,
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. A coverage binder or letter from Consultant's
insurance agent to this effect is acceptable. A certificate of insurance and/or
additional insured endorsement as required in these specifications applicable to the
renewing or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of
any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Consultant for
the cost of additional insurance coverage required by this agreement. Any such
provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City,
HIRSCH & ASSOCIATES, INC.
LA NOSCAPE ARCI+ITECT{3RE & PL1,NN4N6
Ms. Cathy Burroughs
Director Parks & Recreation
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
February 4, 2010
REVISED Proposal for Landscape Architectural services associated with
Design Development for planters at Live Oak and Temple City Parks
Dear Ms. Burroughs,
Hirsch & Associates, Inc. (HAI) is celebrating our thirty first year in business and
is very pleased to present our proposal for services related to the improvements
for planters and signage at both parks. We have reviewed the request for
proposal and visited the sites, coupled with our diverse project experience allows
a thorough understanding of the scope and design work required to provide a
complete and successful project.
Mr. Patrick L, Hirsch, President of Hirsch & Associates, Inc, will provide personal
service and attention to the City of Temple City. Mr. Hirsch will have direct and
continuous responsibility in all matters dealing with planning and design. I, Mr,
Charles E. Foley, Vice President and Director of Projects for Hirsch & Associates
will direct our in-house design staff, sub consultants, conduct meetings and
attend City design meetings. The remainder of the project team is as follows;
Reedcarp Engineering Electrical Engineering
Correia Consulting Structural Engineering
Hirsch & Associates prepares all design plans in AutoCAD 2007 and/or 2009. All
specifications are produced in Microsoft Word format per CS! format or
APWA/Green Book. Graphic designs are produced in Adobe Illustrator and
Photoshop. We also have in-house printing capabilities for color laser printing for
presentations and AutoCAD plotting. Hirsch & Associates meets all the insurance
requirements and will provide copies of such upon request.
Hirsch & Associates, Inc. practices Landscape Architecture for both the private
as well as public sectors, With that, the majority of the projects we work on have
some element of signage, On commercial retail centers, we design signs and
walls that integrate into the site and provide landscape and irrigation that function
from a maintenance perspective as Weil is aesthetically pleasing. On Park and
a221 EAST WINSTON ROAD, SUITE R', ANAHEIM, CALIFO Fr,ISA 9 ✓;„fi
PHCNp 71G-776•aa4O FAX 714.776.4395 4VWW,HA1 LANOARC H. CO4 LASr`i7IC
Recreation projects from renovation to new parks, signage is an element that is
always present and accounted for in our designs.
We appreciate the opportunity to submit cur proposal. Thank you for the time and
effort extended in reviewing our proposal and please do not hesitate to calf
should you have any questions.
Sincerely,
Landscape Architect #5567, ASLA
PROJECT UNDERSTANDING
The City of Temple City wishes to install Park Monument Signs within existing
planters at Live Oak and Temple City Parks. The design of the signs shall be
similar to the existing Temple City Monument Signs. The planters where the
signs are determined to be installed shall receive enhanced landscape to
compliment the new signs, irrigation repair and renovation to prohibit water from
hitting the signs, drainage improvements (Live Oak Park only) and lighting
located within planter to up light the signs.
PROJECT APPROACH/DESIGN PHILOSOPHY
Our approach to the design of the project will be to work closely with City Staff
during all phases of the project. Close interaction with all participants will assure
the social and physical design solutions will compliment the final project. Within
our operational framework the following key points will be defined.
• Site features to compliment the existing parks. Attention to details, color and
design character must be sensitive to the character and scale of the
surrounding area.
• Compliment and reinforce the total project design scheme. We are cognizant
of operational and maintenance associated with different developments,
Therefore, we provide design and maintenance solutions that are sympathetic
to both aesthetic and economic considerations.
▪ Incorporate passive and economically feasible active energy conservation
measures, We accept this responsibility as an integral part of our site design.
To begin, HAI will measure the planter area and create a base sheet for the
Temple City Park project and shall use the City provided design drawings at Live
Oak Park to create the base sheet there.
HAI brings a thorough understating of how to apply landscape materials to the
site in a manor which creates interest as well as allows for conservation by
reducing the demand for supplemental water. Planting drought tolerant plants in
the correct location/microclimate on the site, we can reduce the energy (water,
fertilizer, labor) required to keep the plant material alive through the life of the
project.
HAI has been in the business of design and construction for many years. We
have a history of bringing our design work to fruition on our stated deadlines for
bidding. During bidding, we offer our services to answer any contractor
Requests for Information (RFI) and assist our clients in assessing the contractor
submitted bids. We base our preliminary and probable construction cost
estimates on current bid numbers we receive on other projects we design. The
values for all line items in our estimates are current and reflect the market
demand for materials and installation methods, All design work, not specifically
assigned to a sub consultant, is prepared in house allowing Principle involvement
and oversight, Sub Consultants are managed by senior members of the
company as well as HAI Staff. Our system for quality control assures our clients
the highest quality product available.
SCOPE OF WORK
Hirsch & Associates scope of work for both Parks will consist of the following and
will be in accordance with the City's request for proposal.
Design Development: Task One — Conceptual Layoutitnventory & Analysis
1. Meet with City Staff and others to review and discuss the design project
scope, design detail and schedule, Obtain any/all as built information of the
existing Parks. Coordinate with Staff and other team members by phone, fax
and E-mail.
2. Prepare (1) conceptual layout featuring sign location and proposed plant
locations. Meet with City Staff to review and obtain input. Design shall be
presented on bond paper in Black & White format.
3, Prepare preliminary construction cost estimates based on the design.
Provide estimates to City Staff for review and comment.
4. Electrical Engineer to perform site visit to observe existing power source and
feasibility of lighting for each sign. City shall provide electrical as built plans
with pan& schedules so engineer can verify capacity of existing panels,
5. Meei with City Staff to review designs and estimates, revise as necessary.
Design Development: Task Two — Design Development
1, Finalize sign design and select specific materials and colors for each sign,
2. Provide cut sheets of proposed lights for signage.
Task Three — Construction Drawings
3. Prepare 65% completed construction documents, draft project specifications
and progress construction estimate, submit for review and comment.
4. Obtain City comments and proceed to 100% completion of construction
documents suitable for bidding.
5. Included in the construction documents is electrical engineering for new
signage lighting. Structural Engineering shall provide calculation and footing
design for the sign, It is not anticipated that the sign itself will require
structural engineering as the provided example appears to be a cast in place
or precast concrete sign.
6. Submit 100% complete plans, specifications and probable construction cost
estimate for final City/Agencies approval/Permit and issuance to bidders.
Construction Documents generally consist of the following;
Cover Sheet and General Notes
a Demolition and salvage plan and notes
• Construction plan, calculations, details and notes
• Electrical plan, calculations, details and notes
• Irrigation plan, calculations, details and notes
• Planting plan, details and notes
Project Specifications
Task Four Project Bidding
1. Assist the City with bidding by answering contractor Request for Information
during the bid period, checking references, assessing validity of requested
'equal' products proposed and issuance of addendum, if any.
Task Five --- Construction Support
Hirsch & Associates shall assist City and respond to any request or directives
made by phone, fax or E-mail. Hirsch & Associates shall request clarification
from the City in writing if the Hirsch & Associates should have any questions
regarding the directions given by City that are not consistent with the plans
and specifications.
2, Hirsch & Associates shall attend all project meetings with City Staff,
contractors, and project manager as requested to do so during project design
and construction,
3. Hirsch & Associates will provide the following services for the project and will
coordinate with City in accordance with the project construction schedule.
e Coordinate with City's project manager, city staff and inspector as may
become necessary during construction.
• Attend pre -construction meeting.
Provide interpretation and clarification to the construction documents.
• Review and approve product submittals and shop drawings in accordance
with construction documents and scope of work.
As requested by City we shall attend on -site project meetings to review
work of the contractor. We will prepare written reports of meetings for
distribution to all parties. An allowance has been included within fees.
Coordinate with all parties by telephone, fax and e -malt as necessary,
• Review construction schedule and provide comments.
Respond to contractor's Request for Information (RFI`s) and other
questions during project construction.
Visit local nurseries to select plant material for project.
Conduct substantial completion inspection at request of City and prepare
written punch list. Review and approve punch list items upon theft
completion.
▪ Conduct final inspection upon completion of 30 -day plant establishment
and 60 -day landscape maintenance periods, and issue letter of
acceptance to the city,
Review and approve all contractor supplied closeout items, manuals and
charts for irrigation system and lighting systems as specified in the
contract specifications.
Exclusions
The following services shall be excluded from the basic services listed above and
shall be provided by city at their expenses.
Services related to unsuitable soil discovered during site grading
operations.
Site Survey
• Site grading plans. Catch basins and/or drain inlets shall be specified
on Live Oak Park planter and will be schematically shown to tie into
the existing drain line adjacent.
• NPDES, NOI and WQMP studies/reports, due to the fact that the
project is less than an acre in size and has minimal grading, these
submittals and filing with the County are not required.
• Preparation of easements, right-of-ways or land dedication documents,
Soil geotechnical engineering samples and studies
All services related to environmental investigation and mitigation, clean
up or permit, hazardous or toxic materials or substances presently on -
site or adjacent to the site and/or below the surface of the site or
discovered during project design and construction.
• Payment of all plan check, permit and assessment fees for project
development.
• Laboratory sample collection and testing
Hazardous water or toxic substance engineering and testing.
Construction Staking.
AU other services not specifically delineated in the Scope of Services,
Plans of existing utilities,
Printing and mailing of RFI's and addenda's associated with project
bidding and construction.
▪ All cost for computer plotting, printing, and computer scans, and
photographic reproductions as requested by the City.
• Preparation and filing of all CEQA reports and documentation for the
project. It is not anticipated that CEQA documentation will be
required.
• Attendance at City Council, Park & Recreation Commission and
Planning hearings.
Professional Fees
Professional fees for services stated are based upon the scope of work and
include all costs for general overhead, profit, telephone, clerical, travel and
incidental expenses not separately requested by the City. Fees are good for a
period of 90 days from date of our proposal. Fees are based upon scope of work
as delineated within our proposal.
Design Development: Task One — Conceptual Layout
Conceptual Design $1,500.00
Electrical Engineering 5750.00
Sub Total $2,250.00
Design Development: Task Two -- Design Development
Landscape Architecture $750.00
Construction Drawings: Task Three
Electrical Engineering $1,500.00
Structural Engineering . . . . . . . . . . . . . . . . .. . e. . . . . . . , . . . . . . . . . . , , .. . . . . . $750.00
Landscape Architecture $3,500.00
Sub Total $5,750.00
Project Meetings
Project Director2mtg @ $300/ea... . . . . . . . . . . . . . . . . . . . . . .. „.... . .. .. . . .. .. . $600,00
Project Management and Coordination: Task Four — Project Bidding
Project Director 4hrs @ $90/hr $360.00
Project Management and Coordination: Task Five — Construction Support
Project Meetings3 @ $300/mtg ,.. $900.00
Project Director 4hrs @ $90/hr $360.00
Sub Total 31,260.00
Total
$10,970.00
Reimbursable Allowance
HAI recommends the City allocate a budget for reimbursable expenses
$750,00
HIRSCH & ASSOCIATES, INC.
LANDSCAPE AHCI-nTECTURE & PLANNING
Ms. Cathy Burroughs
Director Parks & Recreation
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
Re: Temple City Park Sign
Subj: Additional Services
September 7, 2010
Dear Ms. Burroughs,
Per our precious correspondence via email, I respectfully submit this request for
additional services. The request relates to the additional conceptual design work
we performed for the Temple City Park sign in reaction to City and Robert Hepler
design requests.
Scope of Work
• Prepare (3) additional design vignettes in response to City provided
comments.
Correspond and coordinate with Robert Hepler regarding his design input.
6 Attend City Council presentation.
Professional Fees
Conceptual Design $1,200.00
City Council Presentation $400.00
$4,600.00
Sub Total
To initiate professional services, Hirsch & Associates Inc. must receive an
executed Agreement, Purchase Order or Services Agreement from the City of
Temple City with our proposal as Exhibit "A".
Authorization Date
222) EAST WINSTON ROAD, SUITE A, ANAH[{M, CALIFORNIA 32806