HomeMy Public PortalAbout7K Consultant Services Agreement with Gruen Associates Amendment No. 1, 2, 3AGENDA
ITEM 7.K.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: March 15, 2011
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manage
By: Kristi L. Twilley, Rosemead Blvd Project Manager
SUBJECT: CONSULTANT SERVICES AGREEMENT WITH GRUEN ASSOCIATES —
AMENDMENTS NO. 1, 2, 3
RECOMMENDATION:
It is recommended that the City Council review the three proposed amendments to
Gruen's consultant services agreement and:
1. Approve the First Amendment in the amount of $24,812 to the consultant services
agreement with Gruen Associates (Attachment "A") to provide the City with services
associated with the development of a city wide Bike Master Plan as outlined in
Attachment "B";
2. Approve the Second Amendment in the amount of $28,250 to the consultant
services agreement with Gruen Associates to provide the City with Geotechnical
Services required for the design and construction of the Rosemead Blvd Project as
outlined in Attachment "C";
3. Approve the Third Amendment in the amount of $24,860 to the consultant services
agreement with Gruen Associates to provide the City with Topographic Survey
Services required for the design and construction of the Rosemead Blvd Project as
outlined in Attachment "D"; and
4. Authorize the City Manager to execute Amendments Nos. 1, 2, and 3 (Attachments
"B, C, and D", respectively) to the consultant services agreement with the Gruen
Associates.
BACKGROUND:
1. On April 6, 2010, the City Council created an Ad Hoc Committee consisting of
Council members Vincent Yu and Carl Blum to work with staff on the redesign of
the Rosemead Boulevard Safety Enhancements and Beautification Project.
2. On August 17, 2010, the City Manager, through the Temple City Community
Redevelopment Agency (CRA), issued a contract to Vanir Construction
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March 15, 2011
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Management, Inc. (Vanir CM) for the Program and Construction Management of
the Rosemead Boulevard Safety Enhancements and Beautification Project.
3. On December 15, 2010, the 2011-12 Bicycle Transportation Account (BTA) Call
for Projects was announced. A primary component for grant eligibility is that the
City has a Bike Master Plan approved.
4. On December 21, 2010, after the Quality Based Selection process was
conducted by Vanir CM, the City Manager issued a contract to Gruen Associates
(Gruen) for Architectural Design and Construction Administration services
(Attachment "A") for the Rosemead Boulevard Safety Enhancements and
Beautification Project.
5. On February 7, 2011, after a competitive proposal and interview process
administered by Vanir CM and at the request of the Ad Hoc Committee, a Letter
of Intent was issued to Gruen Associates to have sub consultant Alta Planning
and Design begin preparation of a citywide Bicycle Master Plan.
6. On March 1, 2011, Temple City Council adopted Resolution No. 11-4729 approving
the submission of a grant application to the State of California Bicycle
Transportation Account and allocating 10% of the project costs as matching funds
for Class 11 and Class III bicycle lanes. The grant application is due by March 18,
2011 and will be submitted by funding consultant, Avant -Garde, on behalf of the
City.
7. On March 4, 2011, after soliciting three competitive sub consultant proposals,
Vanir CM, at the request of the Ad Hoc Committee, issued a Letter of Intent to
Gruen Associates to have sub consultant Ninyo & Moore begin preparations to
develop the geotechnical report for the project.
8. On March 4, 2011, after soliciting three competitive sub consultant proposals,
Vanir CM, at the request of the Ad Hoc Committee, issued a Letter of Intent to
Gruen Associates to have sub consultant VCA begin preparations to produce the
topographic survey for the project.
ANALYSIS:
During the past 17 months, the City Manager has been engaged in the effort to enhance
the initial streetscape design and pedestrian improvements proposed in the original
Rosemead Boulevard Safety Enhancements and Beautification Project and has
procured the services of funding consultant, Avant -Garde, to assist the City with the
management of existing funds and acquisition of new funding, mostly through grant
opportunities, and Gruen Associates as the designer, to bring the City's vision for the
project to fruition.
• BIKE MASTER PLAN
Development and establishment of a Bike Master Plan for Temple City will open
opportunities to new funding sources for the Rosemead Blvd Project as well as
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March 15, 2011
Page 3
promote multi -modal transportation options within Temple City. The Bicycle
Transportation Account (BTA) is an annual program that provides State funds for
city and county projects that improve safety and convenience for bicycle
commuters. To be eligible for BTA funds, the City must prepare and adopt a
Bicycle Transportation Plan (BTP) that complies with Streets and Highways Code
Section 891.2. Per the BTA guidelines, no community in Southern California will
receive more than $1.8 million. Avant -Garde will request the maximum amount
allowed based on the design and cost estimate provided by Gruen provided
Amendment No. 1 (Attachment "B") is approved by the City Council.
• GEOTECHNICAL REPORT
Prior to the commencement of Gruen's design work, it was known that additional
information regarding soils would be required. However, the precise needs of the
project could not be known until after Gruen fleshed out the pre -design and
schematic features of the streetscape. Currently, Gruen has completed the Pre -
Design Phase and the Schematic Design Phase of their work and has submitted
a proposal for the geotechnical (Attachment "C") design support service.
• TOPOGRAPHIC SURVEY
Prior to the commencement of Gruen's design work, it was known that additional
information regarding topographic survey would be required. However, the
precise needs of the project could not be known until after Gruen fleshed out the
pre -design and schematic features of the streetscape and superimposed
previous survey data onto the existing plan. Currently, Gruen has completed the
Pre -Design Phase and the Schematic Design Phase of their work and has
submitted a proposal for the topographic survey (Attachment "D") design support
service.
BUDGET IMPACT
The City Council is requested to approve a drawdown of Transportation Development
Act (TDA) Article 3 funds from Los Angeles County Metropolitan Transportation
Authority in the amount of $24,812 for the Bicycle Master Plan. As of FY 2010-11,
Temple City has a reserve balance of $72,108 in TDA Article 3 funds.
In addition, the City Council as part of the Fiscal Year (FY) 2010-11 City Budget
approved an appropriation of $600,250 of Prop 1B funds for the Rosemead Blvd
Project. Funding for Amendments 2 and 3 in the amount of $53,110 is funded from Prop
1B. See Attachment "E" for the Mid -Year FY 2010-11 Rosemead Blvd Project Budget
review approved by the City Council on March 1, 2011.
CONCLUSION
It is recommended that the City Council review and approve the three amendments
(Attachments "B, C, D") totaling $77,922 to the consultant services agreement
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March 15, 2011
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(Attachment "A") with Gruen Associates (i.e., Gruen) to provide the City with the support
services for the Rosemead Boulevard Safety Enhancements and Beautification Project
including, but not limited to:
• Design services for development of Bicycle Master Plan;
• Geotechnical services; and
• Topographic Survey services.
Attachments:
A. Consultant services agreement between the City of Temple City and Gruen
Associates
B. Amendment No. 1 to the Consultant Services Agreement between City and Gruen
C. Amendment No. 2 to the Consultant Services Agreement between City and Gruen
D. Amendment No. 3 to the Consultant Services Agreement between City and Gruen
E. Approved Mid -Year FY 2010-11 Rosemead Blvd Project Budget
CONSULTANT SERVICES AGREEMENT
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
GRUEN ASSOCIATES
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AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
GRUEN ASSOCIATES
This Agreement for Consultant Services ("Agreement") is entered into as of this 21st day
of December, 2010 by and between the City of Temple City, a municipal corporation ("City")
and Gruen Associates, a P (--a Le ("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, the performance of the
services defined and described particularly in Section 2 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Section 2 of this Agreement, was selected by the
City to perform those services.
C. 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. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement,
the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to
the schedule specified in Exhibit "A." Should the scope of services not be completed pursuant to
that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to
Section 21 of this Agreement. The City, in its sole discretion, may choose not to enforce the
Default provisions of this Agreement and may instead allow Consultant to continue performing
the scope of services until such services are complete.
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SECTION 2. SCOPE OF SERVICES.
Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services and
Responsibilities", which is incorporated herein by this reference, in accordance with the terms
and conditions of this Contract, including without limitation any special conditions,
specifications and requirements set forth in Exhibit "A".
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 Nine Hundred Seven Thousand Eight Hundred Thirty Three dollars ($907,833), 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.
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SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant's work under this Agreement,
either during performance or when completed. City shall reject or finally accept Consultant's
work within sixty (60) days after submitted to City. City shall reject work by a timely written
explanation, otherwise Consultant's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and
such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall
not constitute a waiver of any of the provisions of this Agreement including, but not limited to,
sections 16 and 17, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files and other documents prepared, developed or discovered by Consultant
in the course of providing any services pursuant to this Agreement shall become the sole property
of City and may be used, reused or otherwise disposed of by City without the permission of the
Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn
over to City all such original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents.
lf, 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 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
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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, nor to incur any obligation, debt or liability of any kind on behalf of or against City,
whether by contract or otherwise, unless such authority is expressly conferred under this
Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither City,
nor any elected or appointed boards, officers, officials, employees or agents of City, shall have
control over the conduct of Consultant or any of Consultant's officers, employees, or agents
except as set forth in this Agreement. Consultant shall not at any time or in any manner represent
that Consultant or any of Consultant's officers, employees, or agents are in any manner officials,
officers, employees or agents of City.
(c) Neither Consultant, nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such
rights.
SECTION 9. STANDARD OF PERFORMANCE.
Consultant represents and warrants that it has the qualifications, experience and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent and professional manner. Consultant shall at all times faithfully, competently and to
the best of its ability, experience and talent, perform all services described herein. In meeting its
obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of Consultant under this Agreement. In addition to the general standards of
performance set forth this Section 9, additional specific standards of performance and
performance criteria are set forth in the Scope of Work that shall also be applicable to
Consultants work under this Contract. Where there is a conflict between a general and a specific
standard of performance or performance criteria, the specific standard or criteria shall prevail
over the general.
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
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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. Neither City, nor any elected or appointed
boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a
result of any failure of Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Consultant that California prevailing wage laws do not
apply to this Agreement because the Agreement does not involve any of the following services
subject to prevailing wage rates pursuant to the California Labor Code or regulations
promulgated thereunder: Construction, alteration, demolition, installation, or repair work
performed on public buildings, facilities, streets or sewers done under contract and paid for in
whole or in part out of public funds. In this context, "construction" includes work performed
during the design and preconstruction phases of construction including, but not limited to,
inspection and land surveying work.
SECTION 12. 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 gq., 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 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
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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 order shall not be considered "voluntary" provided Consultant
gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant,
provides any information or work product in violation of this Agreement, then City shall have the
right to reimbursement and indemnity from Consultant for any damages, costs and fees,
including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition,
request for documents, interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work performed thereunder.
City retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
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SECTION 16. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code Section
2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all claims.
actions and proceedings (whether at law or equity, administrative or judicial), demands, orders,
judgments, losses, liabilities, damages, costs and expenses, including attorney's fees and costs,
(collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant, its officers, agents, employees or sub -
consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement, with the understanding that in the
event Claims are found by the trier of fact to have been caused by the joint or concurrent
negligence of the City and its contractors and consultants, and Consultant, damages and expenses
from both indemnity and duty to defend obligations shall be borne by each party in proportion to
its negligence.
(b) Indemnification from Sub -Consultants. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section from each
and every sub -consultant / contract or any other person or entity involved by, for, with or on
behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as
additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from
others as required here, Consultant agrees to be fully responsible according to the terms of this
section. Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of
Consultant and shall survive the termination of this Agreement or this section.
(c) City's Sole Negligence. The provisions of this Section 16 do not apply to Claims
occurring as a result of City's sole negligence. The provisions of this section shall not release
City from liability arising from gross negligence or willful acts or omissions of City or any and
all of its officials, employees and agents.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit "C" "Insurance" 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
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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.
(c) If either Consultant or City fail to perform any material obligation under this
Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this
Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property
belonging exclusively to City which is in Consultant's possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incurred by
Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 of this Agreement.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default, The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under Section 20. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver
of the City's legal rights or any rights arising out of any provision of this Agreement.
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SECTION 22. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages, if any, caused
by delay in performance or failure to perform due to causes beyond the control of Consultant.
Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal,
state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes,
and unusually severe weather. The term and price of this Agreement shall be equitably adjusted
for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to
City as public records, and which are necessary for carrying out the work as outlined in the
Exhibit "A" "Scope of Services," shall be furnished to Consultant in every reasonable way to
facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and
shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return
receipt requested, addressed as follows:
To City:
To Consultant:
City of Temple City
Attn: City Manager
9701 Las Tunas Drive
Temple City, CA 91780
Gruen Associates
6330 San Vicente Blvd, Suite 200
Los Angeles, CA 90048
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.
RIV #4830.6895-0024 v
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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 nor a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this Agreement.
SECTION 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 3i. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete,
final and exclusive expression of the parties with respect to the matters addressed therein and
supersedes all other Agreements or understandings, whether oral or written, or entered into
between Consultant and City prior to the execution of this Agreement. No statements,
representations or other Agreements, whether oral or written, made by any party which are not
embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and
binding unless in writing duly executed by the parties or their authorized representatives.
RIV 83 0-6895-0024 v
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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
ATTEST:
rfi r R
Mary Fla rick, City Clerk
APPROVED AS TO S RM
Eric S. Vail
City Attorney
GRUEN ASSOCIATES
By: -1.
i1 44 t , • u_+1. C
Its:
By.
Ja" i ido, City Manager
By:
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.
RIV A4830-6895-0024 vl
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF L os 'l^9 ele 5
wko
On Decem 6e,- 2.2 zoro before me, Roy p„ Bps, P.,hk2 personally appeared M{c[+aeI A.. Enorr�o+n proved to me on
the basis of satisfactory evidence to be the person(e whose narnes(4 sues subscribed to the within instrument and
acknowledged to me that l ho/thoy executed the same in is cr/thcir authorized capacity(ies), and that by
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:
ROY DU60S
Commission al 1874486
Notary Public - California
Los Angeles County
Mx Comm Expires Jan 21, 2014
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
E
E
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER 1S REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES))
Cc- r%.4 P ASsgcea-cleS
Corso Services Aporreemeafi
TITLE OR TYPE OF DOCUMENT
17
NUMBER OF PAGES
12-2.1- to
DATE OF DOCUMENT
Non e
SIGNER(S) OTHER THAN NAMED ABOVE
RIV #4830-6895-0024 vl
EXHIBIT "A"
Scope of Services
RN #4830.68954024 v
Table of Contents
EXHIBIT "A" - SCOPE OF SERVICES AND RESPONSIBILITIES 4
A. Basic Services 4
B. Design Services -- TASK I: PRE-DE51GN PHASE 6
1. PROJECT INITIATION 6
2. DEVELOPMENT OF ARCHITECTURAL PROGRAM 7
3. SITE MASTER PLANNING 8
4. MEETINGS g
5. DELIVERABLES 9
6. PRESENTATION 10
7. PHASE CESSATION PROVISIONS 10
C. Design Services —TASK II: SCHEMATIC DESIGN PHASE 10
1. GENERAL REQUIREMENTS 10
2. VALUE ENGINEERING 11
3. SPECIFICATIONS 11
4. PROBABLE COSTS 12
5. MEETINGS 12
6. DELIVERABLES 12
7. PRESENTATION 13
B. PHASE CESSATION PROVISIONS 13
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a
D. Design Services —TASK 01: DESIGN DEVELOPMENT PHASE 13
1. GENERAL REQUIREMENTS 13
2, ELECTRICAL 14
3. CIVIL 15
4. LANDSCAPE DESIGNER 15
5. TRAFFIC ENGINEER 15
6. LIGHTING DESIGNER 15
7. VALUE ENGINEERING 15
8. SPECIFICATIONS 16
9. PROBABLE COST 16
10. MEETINGS 16
11. DELIVERABLES 16
12. PRESENTATION 17
13. PROJECT CESSATION PROVISIONS 17
E. Design Services — TASK IV: CONSTRUCTION DOCUMENT PHASE 17
1. Construction Documents (C/D) 30% stage 17
2. Construction Documents 60% stage 19
3. Construction Documents — 90% Stage 20
4. Constructabillty Review 21
5. Construction Documents (C/D) Final Stage 21
6. Construction Final Back -Check Stage 22
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7. MEETINGS 22
8. Deliverables 23
F. Design Services —TASK V: BID & AWARD PHASE 23
G. Design Services — TASK VI: ADMINISTRATION AND CLOSE OUT PHASE 24
H. PROGRAM SCHEDULE 26
I. AMENDMENT 27
EXHIBIT "B" - COMPENSATION 1
A. BREAKDOWN OF FEES BY PHASE 1
B. INVOICE REQUIREMENTS 1
C. TOTAL COMPENSATION 1
EXHIBIT "C" - INSURANCE 1
A. Insurance Requirements 1
B. Other Provisions 2
C. Other Requirements 2
EXHIBIT "D" — MASTER SCHEDULE 1
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EXHIBIT "A" - SCOPE OF SERVICES AND RESPONSIBILITIES
A. Basic Services
1. Determine the agencies that have jurisdiction over the area ofworkand 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 for approval prior to
commencement of work. The CITY reserves the right to reject the use of any SUB -
CONSULTANT. Nothing in the forgoing procedure shall create any contractual relationship
between the 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 for the design,
coordination or management of work related to the Project. The CITY has retained the
services of a Construction Manager (CM) to act as a "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
CONSULTANT or the SUB -CONSULTANTS. The CONSULTANT remains solely responsible for
the contents of design drawings and design documents.
5. Attend coordination meetings during the entire design phase with SUB -
CONSULTANTS. CONSULTANT shall invite the CITY and/or its representative to participate
in these meetings. 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 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. 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.
8. If desired by the 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.
9. Provide services required to obtain approval from the local and federal agencies
having jurisdiction over the Project.
10. 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 thls Subparagraph shall be provided by a professional civil engineer,
registered in the State of California, who is to subcontract with the CONSULTANT.
11. CONSULTANT to document the location of existing utility lines, telephone, water
and sewage, etc., within the limits of the CITY property. The CITY will provide all existing
drawings and plans in its possession. CONSULTANT shall use the existing drawings and
plans from the CITY as well as seek out any other relevant information from other agencies
to validate the capacity of all existing project utilities.
12. Maintain a log of all meetings, site visits, and 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 and/or their
representative for inclusion in the overall project documentation.
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13. Utilize the standardized filing system as established by the CITY.
14. 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
f. Geotechnical hazard report
g. Topographic survey
Neither the 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 in accordance with applicable
Iaw for all damages to the CITY caused by CONSULTANT'S failure to perform any of the
services furnished under this Agreement.
B. Design Services — TASK I: PRE -DESIGN PHASE
1. PROJECT INITIATION
Upon final execution of the Contract with the CITY, the CONSULTANT shall:
a. Immediately after execution of the contract, meet with the CITY and their
representatives to prepare a detailed task analysis and work plan for documentation in a
computer generated project schedule. The CITY will incorporate the consultant's provided
data within the master program schedule for the project.
This task analysis and work plan will identify specific tasks including, but not limited to:
management communication system with CM and all design SUB -CONSULTANTS,
interviews, data collection, required CITY filing standards, analysis, report preparation,
planning, Architectural programming, conceptual design preparation for schematic phase,
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. This detailed work plan must comply with or
compress the attached master schedule.
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ov
b. Review the developed work plan with the CITY and their representatives to
familiarize them with the proposed tasks and schedule and develop necessary
modifications, including integration into the master schedule.
c. Participate in a general Project kick-off meeting to include the
CONSULTANT'S appropriate SUB -CONSULTANTS, and CITY staff. At the project kick-off
meeting, participants will:
i. Introduce key team members from the 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 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.
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'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. Validate documents that were provided as part of the RFQ/RFP as well as
boundary surveys and layouts provided to CONSULTANT by CITY.
c. Investigate underground and overhead utilities (all utilities) and design in
coordination with the utility companies for gas, water, sewer, storm water, telephone,
cable, fire, etc.
A-7
d. Perform Condition Assessment of the entire area within the Project
boundaries and submit a Condition Assessment Report that includes, but is not limited to,
methods used to assess existing conditions, photos of specific areas of interest, narrative,
etc.
e. Conduct Architectural program meeting with the CITY.
f. Develop probable construction cost for the Project; probable costs are to be
based on the developed functional Architectural programs as approved by the CITY.
Probable costs prepared by the consultant;
i. 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 and their representatives.
ii. 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.
iii. All construction probable costs developed per the above should
additionally be presented and summarized by the Construction Specification Institute (CSI)
category for the project.
iv. One week prior to the submittal of documents, the consultant's
proposed cost format must be submitted to the CITY for review and approval.
v. Sub -consultants shall participate in the progress meeting as
appropriate and shall provide input and feedback into the development of the probable
cost.
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 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 development.
A-8
c. Analyze the proposed site existing conditions relative to potential effect on
master planning circulation, access, parking, constructability, businesses and future
development potential.
d. Develop a Master Site Plan showing in detail the temporary construction
safety measures for safe traffic movement during each phase of construction.
e. Consultant to provide a minimum of three design schemes during the Site
Master Planning and the Schematic Design phases. Consultant shall present the three
design schemes to the Ad -Hoc Committee before completion of the two phases. Only one
scheme will need to be submitted as deliverables.
4. MEETINGS
During the Pre -Design Phase, it is anticipated meetings will be convened biweekly
between the CITY and the CONSULTANT. These meeting will not exceed one day in duration
and will be held in Temple City Hall. Decisions made at such meetings and subsequently
approved by the CITY shall be binding, Any revisions or reconsiderations of such decisions
shall constitute a change in the scope of services of the CONSULTANT. In the event of any
delay in the progress of the scheduled design work the meetings may be convened weekly
as necessary to maintain timely progress of the design services.
5. DELIVERABLES
CONSULTANT shall provide to the CITY the following quantities of materials
resulting from the work of the Project:
Copies:
Six (6) -- of Condition Assessment Report
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) - Itemized Probable Cost and design budgetary cost estimate
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
One (1) — scanned pdf electronic version of each of the above deliverables
A-9
3d rendering where it become necessary to portray the design idea
6. PRESENTATION
CONSULTANT along with his SUB -CONSULTANT shall present and review with the
CITY and the City Council the summary and detail of the work mentioned above.
7. PHASE 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 has approved
the completed work for Design Services Task 1 and has given a written Notice to Proceed to
CONSULTANT for Design Services Task I1.
C. Design Services — TASK II: SCHEMATIC DESIGN PHASE
Upon written authorization from the CITY to proceed with the Schematic Design
Phase, The CONSULTANT shall prepare for the CITY's review a Schematic Design Study for
all disciplines to include the following:
1. GENERAL REQUIREMENTS
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, but not
limited to, 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.
e. Mechanical and plumbing: for any possible infrastructures that may impact
the project.
f. Coordinate with local utility companies to exchange information and
coordinate drawing for street light design, traffic and pedestrian signals.
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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, hardscapes, pedestrian
sidewalks, parking preliminary rmish 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. Confirm availability of selected
materials.
j. Development and coordination of design for street lighting, 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 and coordinate with manufacturer.
k Development and coordination of public art concepts entailing analysis of
potential locations and renderings of options and proposed components.
1. Consultant to provide a minimum of three design schemes during the
Schematic Design phases. Consultant shall present the three design schemes to the Ad -Hoc
Committee before completion of the this phase. Only one scheme will need to be submitted
as deliverables.
2. VALUE ENGINEERING
Value analysis shall be applied to all components of the schematic design to
optimize value to the CITY. Note that value is added when function is increased or cost is
decreased and that the CITY does not generally consider value engineering to mean
reducing or removing scope. Optimized items shall be included in the statement indicating
changes made to the program/master plan.
3. SPECIFICATIONS
Specifications; for all disciplines: Outline specifications of proposed work for all
disciplines (CONSULTANT'S and SUB -CONSULTANTS' work) and their criteria and quality
standards. Investigate, select, and coordinate specified items with manufacturer and
confirm availability of item.
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4. PROBABLE COSTS
a. 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 and include life cycle cost analysis. Complete cost includes labor,
material, waste allowance, sales tax and subcontractor's mark-up.
b. General conditions shall be applied separately. This probable cost shall be
prepared by specification section and summarized by the specification category.
c. The probable cost format shall be submitted to the CITY for review and
approval prior to acceptance.
d. 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.
5, MEETINGS
During the Schematic Design Phase, it is anticipated meetings will be convened
biweekly between the CITY and the CONSULTANT. These meeting will not exceed one day
in duration and will be held in Temple City Hall. Decisions made at such meetings and
subsequently approved by the CITY shall be binding. Any revisions or reconsiderations of
such decisions shall constitute a change in the scope of services of the CONSULTANT.
Consultant to provide a minimum of three design schemes during the Site Master Planning
and the Schematic Design phases. Consultant shall present the three design schemes to the
Ad -Hoc Committee before completion of the two phases. Only one scheme will need to be
submitted as deliverables.
6. DELIVERABLES
Copies:
Six (6) - Schematic Design Package submittal with alternatives (package should include
plan sheets, design renderings, and specification outline)
Four (4) - Itemized Probable Cost and design budgetary cost estimate
Two (2) - statement indicating changes made to the program/master plan
Two (2) - Project file, including correspondence, meeting notes, etc. to date.
One (1) - scanned pdf electronic version of each of the above deliverables
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3d rendering where it become necessary to portray the design idea
7. PRESENTATION
CONSULTANT along with his SUB -CONSULTANTS shall present and review with the
CITY 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
at no additional cost to the CITY. The final schematic design may have to be presented at up
to Three (3) community meetings as well.
8. PHASE CESSATION PROVISIONS
Upon completion of the schematic design study, the CITY shall have the right to
terminate this Agreement upon written notice of such termination to consultant. The CITY
shall pay the consultant only the fee associated with the services provided under the
Schematic Design Phase.
D. Design Services -- TASK III: DESIGN DEVELOPMENT PHASE
Upon written authorization by the CITY to proceed with the Design Development
Phase, consultant shall prepare from the Schematic Design Phase documents approved by
the CITY, Design Development Phase documents including, but not limited to, the following:
1. GENERAL REQUIREMENTS
Architect and all other disciplines (CONSULTANT and SUB -CONSULTANTS work):
a. Streetscape layouts including scaled, dimensioned plan elevations and
renderings for the street and its components including, but not limited to, landmark
features, south and north entries to Temple City, railroad underpass, treatment at open
channel, billboards and signage, street lighting, landscape lighting, landscape irrigation,
drainage, sustainability measures, sidewalks, curb ramps, transit stops, rest areas, tree
pIantin& median islands, improvement to underground and overhead utilities, crosswalks,
accent nodes, city entry and exit signs, traffic signals, traffic sign posts, business signs and
billboards, public arts, transit shelters, street furniture, bulb -outs, sump pump at rail road
overpass, and other design ideas such as bike lanes, newpaper stands, traffic control,
cameras, etc.
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b. Scaled cross road sections showing dimensional relationships, materials
and component relationships.
c. Address any issues related to residential and commercial property
entrances and exits.
d. Identification of all fixed equipment to be installed in contract.
e. Plan to be completely drawn with beginning notes and dimensions including
grading and paving.
f. Preliminary development of detailed layout plans and large-scale blow-ups
for treatment of special locations and issues.
g. Legend showing all symbols used on drawings.
h. Plans identifying all major equipment and furniture.
i. Further refinement of Schematic Design (SD) outline specification for
architectural, and all engineering design work, and landscape manuals, systems and
equipment. Provide samples for materials and finishes.
j. Lighting plans and specification for the street, showing: (work to be
coordinated with SCE)
(i) Light fixtures options
(ii) Power plan
(iii) installation detail and sections
2. ELECTRICAL
a. All lighting fixtures should be located and scheduled showing all types and
quantities of fixtures to be used, including proposed lighting levels.
b. All major electrical equipment at point of connections should be scheduled
indicating size and capacity.
c, 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.
d. Legend showing all symbols used on drawings.
e. More developed outline specifications indicating quality level and
manufacture.
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3. CIVIL
a. Further refinement of Schematic Design (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.
b. 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.
c. 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,
d. Preliminary specifications.
4. LANDSCAPE DESIGNER
Further refinement of Schematic Design concepts. Includes coordination of
hardscape, landscape planting, ground cover, and irrigation main distribution lines.
5. TRAFFIC ENGINEER
Further Development and coordination of design for pedestrian cross walks,
pedestrian signal lights, traffic signals and roadway safety issues. Include specification for
the proposed components. Identify and coordinate the layout of the proposed components
with the CITY's Traffic Engineer.
6. LIGHTING DESIGNER
Provide plan and specification for the street lighting selection and alternatives such
as energy saving options.
7. VALUE ENGINEERING
Value analysis shall be applied to all components of the design development to
optimize value to the CITY. Note that value is added when function is increased or cost is
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decreased and that the CITY does not generally consider value engineering to mean
reducing or removing scope. Note also that the value analysis shall take into account value
of existing facilities and shall utilize life -cycle optimization. Optimized items shall be
included in the statement indicating changes made to the program/master plan.
B. SPECIFICATIONS
Specifications: for all disciplines: Outline specifications of proposed work for all
disciplines (CONSULTANT'S and SUB -CONSULTANTS' work) and their criteria and quality
standards. Investigate, select, and coordinate specified items with manufacturer and
confirm availability of item. CITY will provide general condition specification and
supplementary conditions.
9. PROBABLE COST
Design Development Probable Cost: This probable cost shall be prepared by
specification section, summarized by specification category. The probable cost shall include
individual item unit costs of materials, labor and equipment and include an updated life
cycle cost analysis. Sales tax, contractor's mark-ups, and general conditions shall be listed
separately.
10. MEETINGS
During the Design Development Phase it is anticipated meetings will be convened
biweekly between the CITY and the CONSULTANT 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 office. Documented decisions made at such meetings and
subsequently approved by the 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 and consultant shall schedule
progress meetings to coincide with the consultant's coordination meeting. In the event of
any delay in the progress of the scheduled design work the meetings may be convened
weekly as necessary to maintain timely progress of the design services.
11. DELIVERABLES
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Copies.
Three (3)- prints of plan drawings from all professional disciplines necessary to deliver the
project
Four (4) - Outline Specifications (finalized)
Four (4) - Itemized Probable Cost and design budgetary cost estimate
Two (2) - Permit File, including all correspondence, meeting notes, etc. to date
One (1) — scanned pdf electronic version of each of the above deliverables
3d rendering where it become necessary to portray the design idea
12. PRESENTATION
CONSULTANT along with his SUB -CONSULTANTS shall present and review with the
CITY the detailed fully developed design. This final concept must be accepted and approved
by the CITY or revised by CONSULTANT for acceptance at no additional cost to the CITY.
The design may have to be presented at up to three (3) community meetings as well.
13. PROJECT CESSATION PROVISIONS
Upon completion of the design, the CITY shall have the right to terminate this
Agreement upon written notice of such termination to consultant. The CITY shall pay the
consultant only the fee associated with the services provided under the Design
Development Phase.
E. Design Services — TASK IV: CONSTRUCTION DOCUMENT PHASE
Upon written authorization from the CITY to proceed with the Construction
Documents Phase, consultant shall prepare from Design Development Phase Documents
approved by the CITY, Construction Document (complete working drawings to include all
design disciplines) consisting of the following items below. Prepare construction
documents in compliance with the appropriate applicable building codes, ordinances and
other regulatory authorities.
1. Construction Docnnnents (C/D) 30% stage
a. Architectural;
A-17
i. Site plan developed to show component location, all topographical
elements and if applicable existing/proposed contour lines.
ii. Cross sections and plans corrected to reflect design development
review comments.
Architectural details and large blow-ups.
iv. Well -developed component schedules.
v. Site utility plans started.
vi. Fixed equipment details and identification started.
vii. Street plans coordinated with all other disciplines.
b. Electrical and Lighting:
1. Distribution information on all power consuming equipment;
lighting and device branch wiring development should be started.
11. All electrical equipment schedules should be started.
Special system components should be approximately located on
plans.
iv. Street Lighting, power, signal and communication plans should show
all controls. Fixture schedule and lighting detail development should be started.
c. Civil:
1. All site plans, site utilities, parldng and roadway systems updated to
reflect update revisions from Design Document.
11. Structural plans and sections with detailing well advanced.
iii. Miscellaneous Structural footing and foundation plans as needed,
with detailing.
iv. Completed cover sheet with general notes, symbols and legends.
d. Landscape: All landscape, hardscape and irrigation plans updated to reflect
update revisions from Design Documents.
e. Probable cost: Update and refine the Design Development Phase Probable
cost.
f. Specifications:
1. 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.
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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.
ii. Coordination of the development of specifications by other
disciplines.
Specification shall be in either CSI or Greenbook format.
2. Construction Documents 60% stage
a. Architectural:
i. Nearly complete site plan.
ii. Nearly complete plans, elevations and sections.
ill. Architectural details and large blow-ups near completion.
iv. Fixture schedules nearly complete, including most details.
v. Site utility plan nearly complete.
vi. Fixed equipment details and identification nearly complete.
vii. Provide Finish Schedule (with the exceptions of colors) identifying
type of material. Architect to recommend color selection for approval by the CITY.
viii. All equipment catalog cuts.
b. Electrical and Lighting:
i. Lighting, power, signal plan(s) should reflect all switching and
controls. Fixture schedule(s) should be near completion.
ii. Distribution information on all power consuming equipment;
lighting and device branch wiring should be near completion.
iii. All electrical equipment schedules should be near
completion.
iv. Special system components should be located on plans.
c. Civil:
i. All site plans, site utilities, and roadway systems updated to reflect
update revisions from 30% CD's.
ii. Completed structural plans and sections with advanced
A-19
detailing.
d. Landscape:
All landscape, hardscape and irrigation plans updated to reflect
update revisions From 30% CD's and be nearly completed.
3. Construction Documents — 90% Stage
a. Architectural:
i. Completed site plan.
ii. Completed plans, elevations and sections.
iii. Architectural details and large blow-ups completed.
iv. Fixture schedules completed, including all details.
v. Site utility plans completed.
vi. Fixed equipment details and identification completed.
b. Electrical and Lighting:
i. Lighting and power plan should show all switching and controls.
Fixture schedule and lighting details should be completed.
ii. Distribution and efficiency information on all power consuming
equipment, including lighting, power, signal and communication device(s)
branch wiring completed.
iii. All electrical equipment schedules completed.
iv. Special system components plans completed.
v. Electrical load calculations completed.
c. Civil:
i. All site plans, site utilities, and roadway systems completed.
ii. Structural plans and sections with detailing completed.
Structural calculations completed.
d. Probable Cost:
Update and refine the 30% Construction Document Probable cost.
e. Specifications:
1. Complete development and preparation of technical specifications
describing materials, systems and equipment, workmanship, quality and
performance criteria required for the construction of the Project.
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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 maintenance requirements that to be
coordinated with the City's maintenance and operation division for
adequacy and compliance.
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 and corrections made as directed at no
cost to the CITY.
ii. Coordination of the development of specifications by other
disciplines.
iii. Specifications shall be in CSI format or Greenbook format.
4. Constructability Review
In addition to Quality Control measures by CONSULTANT, the 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 to post comments on
the construction documents to the consultant and its team members. CONSULTANTS 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 may perform a back check on the revised documents, which may
produce a second set of comments, which to which CONSULTANT shall respond to all valid
comments. By performing the reviews described herein, the CITY/their agent/
representative is not acting in a manner so as to assume responsibility or liability, in whale
or in part, for all or any part of the Project design and design documents, The CONSULTANT
remains solely responsible for the contents of design drawings and design documents.
5. Construction Documents (C/D) Final Stage
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CONSULTANT shall add selected bid alternates into the construction and bid
documents at this time. CONSULTANT is responsible for and shall provide coordination and
submission of the complete construction documents (including all design disciplines) to
jurisdictional agencies. 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.
The final contract documents delivered to the CITY upon completion of the consultant's
work shall consist of the following:
a. Drawings: Original tracings of all drawings on consultant's tracing paper
with each consultant/sub-consultant's State license stamp.
b. Specifications: Original typed complete and finalized technical specifications
on reproducible masters in CSI or Greenbook format.
c. 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.
Upon written approval by the CITY that the documents are complete, consultant shall
provide to the CITY a set of completed construction documents including the original sealed
drawing (Architectural and Engineering professional seal) and specification as weIl as other
pertinent documents for this project. Reproduction of the contract documents for
distribution to bidders will be provided by the CITY. Electronic copy of the originals (DWG
format) and the sealed PDF copy of the construction documents (DVD) including the
specification and other pertinent material shall be submitted to the CITY.
7. MEETINGS
During the Construction Document Phase it is anticipated that biweekly 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 office. Documented decisions made at such meetings and subsequently approved by
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the 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.
8. Deliverables
a. Copies
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. Submitwith
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).
b. 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 review.
(Submitwith all submittals, 30%, 60%, and 100%).
F. Design Services — TASK V: BID & AWARD PHASE
The development of the bidding procedure and the general condition of the
construction contract shall be the joint responsibility of the CITY and the CONSULTANT.
A-23
While the Project is being advertised for bids, all questions concerning intent shall be
referred to the 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 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.
The consultant shall ensure that the Bid and Award documents will meet all funding
requirements for this project. In addition to responding to questions and preparing bid
addenda, CONSULTANT shall attend bid job walks and attend bid opening conference.
G. Design Services — TASK VI: ADMINISTRATION AND CLOSE OUT PHASE
The consultant's responsibility to provide basic 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 the final Certificate for Payment or
sixty (60) days after the date of completion of the final construction phase. The consultant
will receive written notification of the award of a construction contract. Upon receiving
such written notification, the CONSULTANT shall proceed with the services required by the
Construction Administration Phase of this Agreement.
1. CONSULTANT shall attend the Preconstruction Conference.
2. During construction, the CONSULTANT shall furnish all necessary additional
drawings for requests for information, 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 and shall be at no additional cost unless designated as an
additional service to the CITY. Drawings and contract wording for change orders shall be
submitted to the CITY for duplication and distribution.
3. CONSULTANT shall address any and all design issues that involve
jurisdictional agencies.
4. 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.
A-24
The CONSULTANT'S action shall be taken within fourteen (14) calendar days so as to cause
no unreasonable delay in the work or in the construction of the project.
Unless approved otherwise by the City or their representative in writing, in no case shall
the review period associated with a single, particular submittal exceed fourteen (14)
calendar days from the receipt by the CONSULTANT.
5. 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.
Unless approved otherwise by the City or their representative in writing, in no case shall
the response period associated with a single particular RFI exceed five (5) days.
6. Drawings or change orders required due to actions of the 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.
7. 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. The purpose of these visits is to interpret or clarify in the Contract
Documents and to monitor and provide feedback on the progress of the Project.
Consultant shall bring to the attention of the CITY and their representative, in writing to
guard the CITY against, but does not assure against, any defects or deficiencies in the work
by the CITY'S construction contractor which the CONSULTANT may observe,
8. CONSULTANT shall visit the site at intervals appropriate to the stage of
construction or as otherwise agreed by the 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 informed of the
progress and the quality of the work, and shall endeavor to guard the CITY against defects
and deficiencies in the work. However, the consultant shall not be a guarantor of the
contractor's performance.
A-25
ok
9. Prepare "Record Drawings" on the original bid documents (from
contractor's red -lined as -built) to record changes made during the construction project
based upon information provided by the CITY'S construction contractor and changes by
change orders. An electronic copy (pdf and CAD versions) of these "Record Drawings" along
with two hard copies shall be delivered to the CITY at completion of the construction and
shall be a condition precedent to the CITY's approval of the consultant's final payment
10. The consultant shall not be responsible for, nor has 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.
11. CONSULTANT shall review final close out documents from contractor,
including, but not limited to, equipment and operation and maintenance manuals and a
complete set of warranty documents for all equipment and installed systems.
12. CONSULTANT and SUB -CONSULTANTS shall attend the punch list walk and
prepare his own punch list and submit list to CITY within 3 days of the punch list walk.
13. CONSULTANT and SUB -CONSULTANTS shall attend the punch list
verifications walk with contractor and be prepared to initial items on list to indicate that
the issues have been addressed In accordance with the Contract Documents.
14. CONSULTANT shall address any close out Issues with jurisdictional agencies
involved in the Project.
15. CONSULTANT shall provide a complete project file to the CITY, including all
correspondence, meeting notes, back check comments, checklists, inspection affidavits, etc.
to the CITY at acceptance. This project file shall include a final report for all disciplines
which shall include, but is not limited to, narrative explanations of the work performed,
before and after pictures of the work, etc.
H. PROGRAM SCHEDULE
Program Schedule shall adhere to the Master Schedule that was part of the RFP and be
provided and attached to this agreement (Exhibit "A") by the selected design consultant.
A-26
m
AMENDMENT
The Scope of Services, including services, work products, and personnel, are subject to
change by mutual Agreement. Mutually agreed to changes to the Scope of Services shall be
made in compliance with Section 27 of the Agreement. In the absence of mutual Agreement
regarding the need to change any aspects of performance, Consultant shall comply with the
Scope of Services as indicated above.
END OF Exhibit "A'
A-27
EXHIBIT "B"
Compensation
RIV #4830-61195-0024 v1
EXHIBIT "B" - COMPENSATION
A. BREAKDOWN OF FEES BY PHASE
In addition to the hourly rates, the Consultant shall use the following table for the breakdown of
proposed fee on the provided Services:
1. Pre Design Services
2. Schematic Design Services 1
3. Design Development Services 1q�
4. Submission of Construction Documents at 30% la%
5. Submission of Construction Documents at 60% ,1Q%.
6. Submission of Construction Documents at 10Q96
7. Agency Review and Approval
8. Bid&Award Ha
9. Construction Phase Services
10. Project Close Out Services
B. INVOICE REQUIREMENTS
The Citywill compensate Consultant for the Services performed upon submission of a valid
invoice. Each invoice is to include:
1. Line items for the work performed and the percentage completed for every portion of
work related to the consultants.
2. Reimbursable costline items (if applicable) for all supplies charged to the Services.
3. Reimbursable costline items (if applicable) for all travel charged to the Services.
4. Reimbursable cost line items (if applicable) for all equipment charged to the Services.
S. Reimbursable cost line items (if applicable) for all materials charged to the Services.
6. Reimbursable costline items (if applicable) for all subcontractor labor, supplies,
equipment, materials, and travel charged to the Services.
7. Provide backup invoices, bill of sales, and receipts for all reimbursable cost line items.
C. TOTAL COMPENSATION
The total compensation for the Services shall not exceed $907,033, as provided in Section 4
of this Agreement.
END OF EXHIBIT "B"
B-1
J
EXHIBIT "C"
Insurance
RIV #4830.6843•-0024 vI
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:
(a) insurance Services Office form Commercial General Liability
coverage (Occurrence Form CG 0001).
(b) 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.
(c) 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.
(d) 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 tsurance. Consultant shall maintain limits of insurance
no less than:
(a) General Liability: $1,000,000 general aggregate for bodily injury,
personal injury and property damage.
(b) 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.
(c) 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
(d) Professional Liability: $1,000,000 per occurrence.
c-1
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.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
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.
C-2
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.
END OF EXHIBIT "C" (not including the attachment)
C-3
EXHIBIT "0" - MASTER SCHEDULE
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D-1
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1
FIRST AMENDMENT TO
CONSULTANT SERVICES AGREEMENT
by and between
the
THE CITY OF TEMPLE CITY,
a municipal corporation
and
GRUEN ASSOCIATES
a California partnership
Dated March 15, 2011
RN #4646-6813-5176 vl
FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT
This First Amendment to Consultant Services Agreement ("First Amendment"), which is
dated for reference as indicated on the cover page, is hereby entered into by and between the
CITY OF TEMPLE CITY, a municipal corporation ("City"), and GRUEN ASSOCIATES, a
California partnership. ("Consultant"), as follows:
RECITALS
A. City and Consultant entered in a Consultant Services Agreement on December 21, 2010
("Agreement"). The Agreement provides that Consultant will provide design and
construction administrative services for the Rosemead Boulevard Safety Enhancements
and Beautification Project.
B. Section 2 of and Exhibit "A" to the Agreement provide the Scope of Services to be
performed by Consultant.
C. Section 4 of and Exhibit "B" to the Agreement provide that the maximum compensation
under the Agreement shall not exceed $907,833.00.
D. Subsection A.2 of Exhibit "A" to the Agreement requires the names of any Sub -
Consultants to be submitted to the City for approval prior to the commencement of work.
E. This First Amendment amends the Agreement to expand the Scope of Services performed
by Consultant to include the preparation of a Bicycle Master Plan and to increase the
maximum total compensation to $932,645.00, and approves of the use of Alta Planning
and Design as a Sub -Consultant.
F. This First Amendment shall not be construed to amend Exhibit D of the Agreement to
extend the time to complete the Scope of Work for this project.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the
parties do hereby enter into this First Amendment which modifies and amends the Agreement as
follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1
SCOPE OF SERVICES. Exhibit "A" to the Agreement is hereby amended to
include a new subsection "J" entitled "Bicycle Master Plan." The new subsection
"J" shall read as shown in Exhibit "A: to this First Amendment. .
1.2 COMPENSATION.
1.2.1 Section 4 of the Agreement is hereby amended as follows:
The second sentence of Section 4, subparagraph (a) of the Agreement is
amended to read as follows: "The total compensation, including
RIV #4846-6813-5176 vi -2-
reimbursement for actual expenses, shall not exceed NINE HUNDERED
THIRTY TWO THOUSAND SIX HUNDRED FORTY FIVE DOLLARS
($932,645.00), unless additional compensation is approved in writing by
the City Council or City Manager."
1.2.2 Section "C" (TOTAL COMPENSATION) of Exhibit "B" to the
Agreement is hereby amended to read as follows:
"The total compensation for the Services shall not exceed $932,645.00, as
provided in Section 4 of this Agreement."
2. APPROVAL OF SUBCONTRACTOR. As required by subsection A.2 of Exhibit "A" to
the Agreement, City hereby approves of the use by Consultant of Alta Planning and Design
as a Sub -Consultant.
3. GENERAL PROVISIONS.
3.1.1 Remainder Unchanged. Except as specifically modified and amended in this
First Amendment, the Agreement remains in full force and effect and binding
upon the parties.
3.2 Integration. This First Amendment consists of pages 1 through 4 and attached
Exhibit "A.1" (2 pages) inclusive, which constitute the entire understanding and
agreement of the parties and supersedes all negotiations or previous agreements
between the parties with respect to all or any part of the transaction discussed in
this First Amendment.
3.3 Effective Date. This First Amendment shall not become effective until the date it
has been formally approved by the City Council and executed by the City
Manager.
3.4 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this First Amendment.
3.4.1 References. All references to the Agreement include all their respective terms
and provisions. All defined terms utilized in this First Amendment have the same
meaning as provided in the Agreement, unless expressly stated to the contrary in
this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
the Agreement on the date and year first written above.
RIV #4846-6813-5176 v1
-3-
CITY OF TEMPLE CITY
By:
Jose Pulido, City Manager
ATTEST:
Mary Flandrick, City Clerk
APPROVED AS TO FORM
Eric S. Vail, City Attorney
CONSULTANT:
GRUEN ASSOCIATES
By:
Michael A. Enomoto, Partner
RIV #4846-6813-5176 vl -4-
EKNt at"C A:t
alta
PLAN Ir + DES
453 S Spring Street, Suite 804
Los Angeles, CA 90013
(213) 489-7443 phone
(213) 489-7444 fax
www,attapta nnina.com
Memorandum
Date: January 25, 2011
To: Steve Masura, Director of Community Development, City of Temple City
From: Sam Corbett, Senior Associate, Alta Planning + Design
Re: Temple City Bicycle Master Plan Scope and Budget
This memorandum outlines a proposed scope and budget to create a Bicyde Transportation
Account (BTA)-compliant Bicycle Master Plan (BMP) for the City of Temple City. Since this
project has a very aggressive timeline, k is expected that Temple City will provide all, necessary
data shortly after the project begins so that we are able to get started quickly and complete the
project by early March 2011.
This memorandum proposes the following tasks in this scope of work to complete a BMP in
accordance with State of California BTA standards, which will allow the City of Temple City to
qualify for bicycle facility funding through the 2011-12 BTA Call for Projects.
Task 1— Project Initiation / Data Collection
Within Task 1, Alta will;
• Attend a kick-off meeting with the City to establish to establish communication and
review procedures.
• Review documents containing relevant plans and policies, and existing conditions
inventories. This task does not entail collecting new auto traffic or bicycle counts.
• Facilitate one public meeting to gather community input. Alta will prepare visual
presentations, handouts and large-scale maps. Alta staff will facilitate the meeting and
summarize the meeting notes for City staff.
• Optional task: facilitate one meeting with Planning Commission, City Council and other
interested City commissions or committees to discuss the BMP and collect feedback ftom
these key project stakeholders.
• Review and establish goals, objectives, and policies to guide the BMP.
WF=laC*' .T 4 t � 2 es F '2
'ElqA11;5 "A.1
January 25, 2011
Task 2 — Plan Creation
Within Task 2, Alta will create a BTA-compliant plan that addresses all elements of Streets and
Highways 8912 (a -k). We propose to organize the plan into the following sections:
Existing Conditions
Based on Task 1 we will provide a sumtnaty of existing bicycling conditions in the City, including
maps of existing facilities, land uses, transit stops, and other key destinations. This section will
also include descriptions of existing safety and education programs
Needs Analysis
Using our census based demand model we will provide an estimate of existing and future bicycle
commuters in the City of Temple City.
Recommendations
The recommendations chapter will indude recomrnendations for new or enhanced bikeways,
support facilities andprograms.
• Develop bicycle network recommendations and cost estimates for the City of Temple
City.
• Develop a project priority list and phasing plan for recommended bikeways.
• Develop education and enforcement program recommendations to improve bicycle
safety in the City of Temple City.
• Develop a financial playa which describes past and future expenditures for bicycle projects
in the City of Temple City.
The above chapters will be developedinto a comprehensive Bicycle Master Plan for City review:
Task 3 — Review and Adoption
Within Task 3, Alta will:
• Submit an Administrative Draft Plan for City review —Alta will submit an electronic PDF
file
• Respond to one set of revisions on the Administrative Draft and prepare a Draft Final
Plan for public release — Alta will submit an electronic PDF file (we assume the City is
responsible for any hard copy printing)
• Optional task: Alta will attend one commission or Council meeting for Plan adoption.
• P5sge 2
SECOND AMENDMENT TO
CONSULTANT SERVICES AGREEMENT
by and between
the
THE CITY OF TEMPLE CITY
and
GRUEN ASSOCIATES
a California partnership
Dated March 15, 2011
RIV #48I2-3686-8872 vI
SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT
This Second Amendment to Consultant Services Agreement ("Second Amendment'),
which is dated for reference as indicated on the cover page, is hereby entered into by and
between the CITY OF TEMPLE CITY. a municipal corporation ("City"), and GRUEN
ASSOCIATES, a California partnership. ("Consultant'), as follows:
RECITALS
A. City and Consultant entered in a Consultant Services Agreement on December 21, 2010
("Agreement"). The Agreement provides that Consultant will provide design and
construction administrative services for the Rosemead Boulevard Safety Enhancements
and Beautification Project.
B. Section 2 of and Exhibit "A" to the Agreement provide the Scope of Services to be
performed by Consultant.
C. Section 4 of the Agreement provides that the maximum compensation under the
Agreement shall not exceed $907,833.00.
D. Subsection A.2 of Exhibit "A" to the Agreement requires the names of any Sub -
Consultants to be submitted to the City for approval prior to the commencement of work.
E. The First Amendment to the Agreement expanded the Scope of Services performed by
Consultant to include the preparation of a Bicycle Master Plan, increased the maximum
total compensation to $932,645.00, and approved of the use of Alta Planning and Design
as a Sub -Consultant.
F. This Second Amendment amends the Agreement to expand the Scope of Services
performed by Consultant to include the provision of Geotechnical Services and to
increase the maximum total compensation to $960,895.00, and approves the use of Ninyo
& Moore as a Sub -Consultant.
G. This Second Amendment shall not amend Exhibit D of the Agreement to extend the time
to complete the Scope of Work for this project.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the
parties do hereby enter into this Second Amendment which modifies and amends the Agreement
as follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1
SCOPE OF SERVICES. Exhibit "A" to the Agreement is hereby amended to
include a new subsection "K" entitled "Geotechnical Services." The new
subsection "K" shall read as shown in Exhibit "A.1" (5 pages) to this Second
Amendment.
RIV #48I2-3686-8872 v]
-2-
1.2 COMPENSATION.
1.2.1 Section 4 of the Agreement is hereby amended as follows:
The second sentence of Section 4, subparagraph (a) of the Agreement is
amended to read as follows: "The total compensation payable under this
contract, including reimbursement for actual expenses, shall not exceed
NINE HUNDERED SIXTY THOUSAND EIGHT HUNDRED NINETY
FIVE DOLLARS (S960,895.00), unless additional compensation is
approved in writing by the City Council or City Manager."
1.2.2 Section "C" (TOTAL COMPENSATION) of Exhibit "B" to the
Agreement is hereby amended to read as follows:
"The total compensation for the Services shall not exceed $960,895.00, as
provided in Section 4 of this Agreement."
2. APPROVAL OF SUBCONTRACTOR. As required by subsection A.2 of Exhibit "A" to
the Agreement, City hereby approves of the use by Consultant of Ninyo & Moore as a Sub -
Consultant.
3. GENERAL PROVISIONS.
3.1 Remainder Unchanged. Except as specifically modified and amended in
this Second Amendment, the Agreement remains in full force and effect and binding upon the
parties.
3.2 Integration. This Second Amendment consists of pages 1 through 4 and
attached Exhibit ``A.1" (5 pages) inclusive, which constitute the entire understanding and
agreement of the parties and supersedes all negotiations or previous agreements between the
parties with respect to all or any part of the transaction discussed in this Second Amendment.
3.3 Effective Date. This Second Amendment shall not become effective until
the date it has been formally approved by the City Council and executed by the City Manager.
3.4 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Second Amendment.
3.5 References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this Second Amendment have the same
meaning as provided in the Agreement, unless expressly stated to the contrary in this Second
Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
the Agreement on the date and year first written above.
RIV #4812-3686-8872 v1
-3-
CITY OF TEMPLE CITY
By:
Jose Pulido, City Manager
Al LEST:
Mary Flandrick, Secretary
APPROVED AS TO FORM
Eric S. Vail, General Counsel
CONSULTANT:
Gruen Associate
By: � . .. _
Name "Michael A Enomoto
Title: Partner
RIV #4812-3686-8872 vl
-4-
PP.G 1. of Swe
GLVICOv ,dJrY.1inv.lt.1truvr CcrttuLucld
AIMS )vvke1,-r Z
Ms. Jill Wagner
Gruen Associates
6330 San Vicente Boulevard, Suite 200
Los Angeles, California 90048
Subject: Proposal for Geotechnical Consulting Services
Rosemead Boulevard Enhancements
Temple City, California
Dear Ms. Wagner:
February 23, 2011
Proposal No. P-14944
In accordance with your request, we are pleased to submit this proposal to provide geotechnical
consulting services for the proposed Rosemead Boulevard Enhancements in Temple City, Cali-
fornia. Based on information provided to Ninyo & Moore, we understand that the project will
consist of improvements to a 2 -mile segment of Rosemead Boulevard extending from north of
Callita Street to south of Pentland Street. Rosemead Boulevard trends north to south and cur-
rently consists of two travel lanes in each direction with a paved center channel lane and left -
turn pockets. We understand that the proposed street enhancements will consist of pavement
improvements, the addition of bike lanes, new street lighting, new gateway monuments/signage
pylons, new center -median and sidewalk landscaping with storm water infiltration systems, and
other streetscape improvements. We also understand that additional enhancements may in-
clude the construction of a pedestrian bridge spanning across Rosemead Boulevard, just north
of the railroad bridge near the southern city limit. To access the bridge from the east side of
Rosemead Boulevard, either an elevator tower or a combination of ramps and stairs will be con-
structed between the proposed pedestrian bridge and the existing railroad bridge. We
understand that the purpose of our geotechnical services will be to evaluate subsurface geo-
logic and soil conditions along the project alignment and provide geotechnical recommendations
for the design and construction of the proposed street enhancements, pedestrian bridge, and
elevator or ramps/stairs.
SCOPE OF SERVICES
Based on our understanding of the project, we have divided our scope of work into two parts, a
Base Task and Optional Task. The Base Task will involve a geotechnical evaluation for the
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Rosemead Boulevard Enhancements
Temple City, California
February 23, 2011
Proposal No. P-14944
proposed street improvements, including new pavement design, street lighting, gateway
monuments, and center and sidewalk landscaping. This work will also include percolation
testing. The Optional Task will involve a geotechnical evaluation for the pedestrian bridge and
associated retaining walls. The scope for our Base Task and Optional Task are as follows:
Base Task: Street Improvements
• Project coordination and review of readily available background materials including
published geologic maps and literature, in-house information, stereoscopic aerial pho-
tographs, and reports and/or plans provided by the client.
• Geotechnical site reconnaissance and markout of proposed boring locations for coor-
dination with Underground Services Alert (USA).
• Obtain appropriate city permits to perform the proposed subsurface evaluation.
• Subsurface exploration consisting of the excavation, logging, and sampling of ten (10)
hollow -stem auger borings to depths of up to approximately 5 to 15 feet at locations
spaced approximately 1,000 feet -on -center along Rosemead Boulevard. These borings
will provide subsurface data for the geotechnical evaluation of new pavements, drain-
age, new lighting foundations, and new monument/signage foundations. Percolation
test wells will be constructed within four (4) of the borings and testing will be performed
at depth of approximately 5 to 15 feet in these borings. The test wells will consist of a
2 -inch or 4 -inch -diameter PVC pipe, sand backfrll, and a traffic -rated cap. Traffic control
will be provided by Ninyo & Moore's subconsultant. The borings will be logged by a
representative from our firm and bulk and relatively undisturbed soil samples will be
collected at selected intervals for laboratory testing. The borings will be backfilled with
on -site soils and capped with concrete.
• Laboratory testing of representative soil samples to evaluate in -situ moisture and dry
density, sieve analyses, Atterberg limits, shear strength, R -value, soil corrosivity, and
sulfate content of the on -site soils.
Compilation and geotechnical analysis of field and laboratory data, including analyses
to evaluate and provide recommendations pertaining to the following:
o Suitability of the site for the proposed construction, from a geotechnical standpoint.
o Description of the geology and on -site soils anticipated at the site, including an
evaluation of the geologic hazards present at the site.
o Evaluation of the seismic design parameters based on the 2010 California Building
Code (CBC).
o Evaluation of potential settlement for proposed structures.
o Evaluation of the expansion potential of the near surface soils.
P-I4944•mv2
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Rosemead Boulevard Enhancements
Temple City, California
`P 3 aF--5
February 23, 2011
Proposal No. P-14944
o Excavation and compaction requirements, including suitability of the on -site soils
for subgrade material for the proposed foundations and pavement sections. We
will also evaluate the suitability of the on -site soils for backfill.
o Geotechnical design recommendations will be provided for pipe bedding for new or
relocated utilities.
o Evaluation of preliminary pavement structural sections. Recommendations for
pavement design will be based on traffic indices provided by the City.
o Evaluation of the percolation rate of the underlying subgrade soils for use in the
design of the storm water infiltration systems.
o Evaluation of the corrosion potential of the site soils and the appropriate type of
concrete to be utilized during construction.
• Preparation of a written report presenting our findings, conclusions, and geotechnical
recommendations pertaining to the design and construction of the proposed enhance-
ments.
Optional Task: Pedestrian Bridge
• Subsurface exploration consisting of the excavation, logging and sampling of two (2)
additional hollow -stem auger borings to a depth of up to approximately 50 feet. Traffic
control will be provided by Ninyo & Moore's subconsultant. The borings will be logged
by a representative from our firm and bulk and relatively undisturbed soil samples will
be collected at selected intervals for laboratory testing. The borings will be backfilled
with on -site soils and capped with concrete.
• Laboratory testing of representative soil samples to evaluate in -situ moisture and dry
density, sieve analyses, Atterberg limits, shear strength, soil corrosivity, and sulfate
content of the on -site soils.
Compilation and geotechnical analysis of field and laboratory data, including analyses
similar to those listed under the Base Task. Specifically, geotechnical analyses will be
performed to provide recommendations for the pedestrian bridge foundations, lateral
earth pressures for retaining walls, and seismic design.
• Geotechnical recommendations for the proposed pedestrian bridge and associated re-
taining walls will be incorporated into our geotechnical report for the street
improvements.
ASSUMPTIONS
The following assumptions have been used in the preparation of this scope of services:
• Site access will be granted and truck -mounted drilling equipment will be able to mobilize to
the proposed drilling locations during normal working hours (Monday through Friday,
8:00 a.m. to 5:00 p.m.).
RIAOM-Icv2
3 iyingo oore
I er+D r,,E r AFL I-} I t3 i'r A-, 1
Rosemead Boulevard Enhancements
Temple City, California
P Lfa��
February 23, 2011
Proposal No. P-14944
Any required permits will be provided, at no cost, to Ninyo & Moore.
Our firm will contact Underground Services Alert (USA) prior to performing our subsurface
evaluation. However, the client will provide our firm with any additional information regard-
ing the presence of utilities. Ninyo & Moore will not be responsible for utilities encountered
during drilling that have not been marked out or identified by the client.
• Ninyo & Moore will provide traffic control in accordance with City guidelines. However, we
have assumed that traffic control plans will not be needed to implement traffic control.
• Borings will be backfilled with on -site soils and capped with concrete.
• Percolation test wells will be abandoned by backfilling with bentonite chips. However, the
PVC piping and traffic -rated cap will be left in place.
• If site soils are found to be corrosive, detailed studies providing mitigation measures for
metal pipe in contact with corrosive soils will be performed by others.
• The optional scope for the Pedestrian Bridge is considered to be an addition to the base
task and is not intended to be a stand-alone task to evaluate the Pedestrian Bridge only.
• Our evaluation will not include any sampling, testing, or chemical analysis of hazardous ma-
terials, should they be encountered. These services can be provided, if requested, as an
additional scope of work.
FEE
Our services will be performed on a lump sum basis in accordance with the attached Schedule
of Fees. Our fee for the scope of work outlined above for the Base Task (Street Improvements)
will be $18,100 (eighteen thousand one hundred dollars). As requested, you have requested we
provide a cost reduction for an alternate scope of 8 borings instead of 10 borings. Our fee for
drilling 8 borings instead of 10 borings will be $1,500 Tess that our cost for the Base Task. Our
fee for the scope of work outlined above for the Optional Task (Pedestrian Bridge) will be $6,900
(six thousand nine hundred dollars). Detailed breakdown of our estimated fees for the Base
Task and Optional Task are presented in the attached Table 1 and Table 2, respectively.
P•f1944.reY2
FEE SUMMARY:
Base Scope (10 Borings) _ $18,100
Base Scope (8 Borings) = $16,600
Optional Scope = $6,900
4 itlIny lytoare
pcme-; Drne -I 2 'Ox 1411s 1 F A. 1
Rosemead Boulevard Enhancements
Temple City, California
February 23, 2011
Proposal No. P-14944
SCHEDULE
Following receipt of the Notice to Proceed, Ninyo & Moore will commence the services
described herein. Assuming that there are no delays due to inclement weather or drill rig
availability, we anticipate that our field work will be completed within approximately two weeks of
receipt of the permits. We estimate that our laboratory testing will be completed approximately
two weeks later. Our geotechnical report will be issued approximately two weeks after
completion of the laboratory testing. Preliminary design information can be provided upon
completion of our laboratory testing.
We appreciate the opportunity to submit this proposal and look forward to working with you on
this project. If you have any questions regarding this proposal, please contact me at your
convenience.
Respectfully submitted,
NINYO & MOORE
iimh
Garreth M. Saiki, G.E.
Senior Engineer
GMS/KSYI1r
Attachments: Table 1 — Breakdown of Fee (Base Task)
Table 2 — Breakdown of Fee (Optional Task)
Schedule of Fees
Distribution: (1) Addressee (via e-mail)
5
urt S. Yo G.E.
Principal gineer
/f/inyoo/Vtnere
THIRD AMENDMENT TO
CONSULTANT SERVICES AGREEMENT
by and between
the
THE CITY OF TEMPLE CITY
and
GRUEN ASSOCIATES
a California partnership
Dated March 15, 2011
RIV #4622-7685-9656 vl
THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT
This Third Amendment to Consultant Services Agreement ("Third Amendment"), which
is dated for reference as indicated on the cover page, is hereby entered into by and between the
CITY OF TEMPLE CITY, a municipal corporation ('`City"), and GRUEN ASSOCIATES, a
California partnership. (-Consultant"), as follows:
RECITALS
A. City and Consultant entered in a Consultant Services Agreement on December 21, 2010
(`Agreement"). The Agreement provides that Consultant will provide design and
construction administrative services for the Rosemead Boulevard Safety Enhancements
and Beautification Project.
B. Section 2 of and Exhibit "A" to the Agreement provide the Scope of Services to be
performed by Consultant.
C. Section 4 of the Agreement provides that the maximum compensation under the
Agreement shall not exceed $907,833.00.
D. Subsection A.2 of Exhibit "A" to the Agreement requires the names of any Sub -
Consultants to be submitted to the City for approval prior to the commencement of work.
E. The First Amendment to the Agreement expanded the Scope of Services performed by
Consultant to include the preparation of a Bicycle Master Plan, increased the maximum
total compensation to $932,645.00, and approved the use of Alta Planning and Design as
a Sub -Consultant.
F. The Second Amendment to the Agreement expanded the Scope of Services performed by
Consultant to include the provision of Geotechnical Services, increased the maximum
total compensation to S960,895.00, and approved the use of Ninyo & Moore as a Sub -
Consultant.
G. This Third Amendment amends the Agreement to expand the Scope of Services
performed by Consultant to include the provision of Topographic Survey Services and to
increase the maximum total compensation to $985,755.00, and approves the use of VCA
Engineers Inc. as a Sub -Consultant for Topographic Survey Services.
H. This Third Amendment shall not amend Exhibit D of the Agreement to extend the time to
complete the Scope of Work for this project.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the
parties do hereby enter into this Third Amendment which modifies and amends the Agreement as
follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
RIV #4822-7685-9656 vl
-2-
I .1 SCOPE OF SERVICES. Exhibit "A" to the Agreement is hereby amended to
include a new subsection "L" entitled "Topographic Survey Services." The new
subsection "L" shall read as shown in Exhibit ``A.1" (2 pages) attached to this
Third Amendment.
1.2 COMPENSATION.
1.2.1 Section 4 of the Agreement is hereby amended as follows:
The second sentence of Section 4, subparagraph (a) of the Agreement is
amended to read as follows: "The total compensation payable under this
contract, including reimbursement for actual expenses, shall not exceed
NINE HUNDERED EIGHTY-FIVE THOUSAND SEVEN HUNDRED
FIFTY FIVE DOLLARS ($985,755.00), unless additional compensation is
approved in writing by the City Council or City Manager."
1.2.2 Section "C'' (TOTAL COMPENSATION) of Exhibit "B" to the
Agreement is hereby amended to read as follows:
"The total compensation for the Services shall not exceed $985,755.00, as
provided in Section 4 of this Agreement."
2. APPROVAL OF SUBCONTRACTOR. As required by subsection A.2 of Exhibit "A'" to
the Agreement, City hereby approves of the use by Consultant of VCA Engineers Inc. as a
Sub -Consultant.
3. GENERAL PROVISIONS.
3.1 Remainder Unchanged. Except as specifically modified and amended in
this Third Amendment, the Agreement remains in full force and effect and binding upon the
parties.
3.2 Integration. This Third Amendment consists of pages 1 through 4 and
attached Exhibit "A.1" (2 pages) inclusive, which constitute the entire understanding and
agreement of the parties and supersedes all negotiations or previous agreements between the
parties with respect to all or any part of the transaction discussed in this Third Amendment.
3.3 Effective Date. This Third Amendment shall not become effective until
the date it has been formally approved by the City Council and executed by the City Manager.
3.4 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Third Amendment.
3.5 References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this Third Amendment have the same
meaning as provided in the Agreement, unless expressly stated to the contrary in this Third
Amendm ent.
RIV #4822-7685-9656 vl
-3-
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
the Agreement on the date and year first written above.
CITY OF TEMPLE CITY
By:
Jose Pulido, City Manager
ATTEST:
Mary Flandrick, Secretary
APPROVED AS TO FORM
Eric S. Vail, General Counsel
CONSULTANT:
Gruen Associate
By: v-
Name:Michael A Enomoto
Title: Partner
RIV #4822-7685-9656 v
-4-
March 1, 2011
AmeN i3mC T *3
ExtkI' n -r A.
ENGINEERS INC
CIVIL r STRUCTURAL
BABE • DBE • SBE
Jill Wagner, AIA, LEER AP
Principal Associate
GrucnAssoci ates
6330 San Vicente Blvd., Suite 200
Los Angeles, California 90048
Tel 323.937.4270 Fax 323.937.6001
Subject:
Dear Jill:
Fee Proposal for Additional Topographical Surveying Services for the
Rosemead Blvd Safety Enhancements 8: Beautification Project
VCA Engineers Inc. is pleased to submit this fee proposal to perform additional topographical surveying services
associated with the above project. Based on the Design Review Meeting 11003B held at the City on February 4, 2001,
Mr. Sha Jarrahi on behalf of the City requested that VCA Engineers' provide a fee proposal for additional
topographical surveying services to supplement the existing Rosemead Blvd survey that was conducted several years
back. The supplemental survey along Rosemead Blvd. is intended from its City limits to the north at Callita Street to
its City limits to the south at the Union Pacific Rail Road (UPRR) undcrcrossing. The survey will include additional
landmark and spot elevations for use in the preparation of the design development and construction documentation
phases of the project. Based on our field observations, the survey will also include missing utility manholes, fire
hydrants, driveways, curb drains and parkway drains dimensions. In addition, the survey will include additional spot
elevations of top of curb, flow line, edge of gutter, local depressions, driveway section elevations, curb drains.
parkway drains, back of walk, top of wails, and invert elevations of all catch basins. It will also correctly locate all the
trees and sizes of trees. The additional spot elevations will be extended a minimum of 10 feet into the private property
or beyond the right of way line, especially at all driveway locations. It should also delineate and locate the PCC and
AC pavement along the travel way.
Accordingly, VCA Engineers proposes the following services:
I. Topographical Surveying Services
VCA will prepare topographical survey with descriptions of specific tasks as follows:
• Coordination, research and calculations.
Conduct initial research and prepare calculations to determine known benchmarks through local survey using
County and Caltrans as -built records. This task also includes internal meetings with crews to map out work
plan.
• Establish horizontal boundary and control
Identify and verify the horizontal boundary of the proposed project site by lying in to City or known
horizontal datum (Basis of Bearing) researched as described above. Re -survey the existing centerline of
Rosemead Blvd. to show Basis of Bearings on the map. Plot existing Right of Way Lines relative to
Rosemead centerline. Tie out and show existing intersection monument if any. Please note that this proposal
does not include ALTA survey, thus the establishment of property line or right-of-way line based on Title
Report is not included.
VCA Engineers Inc €:P 3951 Medford Street, Los Angeles CA 90063
Tel: 323-729.6098 t Fax: 323-729-6043 0 email: vcawcaenginoore-tnc.com
Fee Proposal for Additional Topographical Surveying Services for the
Rosemead Blvd Safety Enhancements & Beautification Project
March 1, 2011
Page 2 of 3
MksNt x 4 3
14-1Brr A.1
7A -G-- 2 o?-
• Establish vertical control
Identify and verify the vertical location of the project site by tying in to known vertical datum or benchmark.
Tie the elevations to existing Bench Mark used in the underlying Topographic Map to be provided
by the client.
Collect existing surface features
Collect and identify both horizontally and vertically, visible surface features of the projects site such as the
sidewalks, curb and gutter, edges of pavement, manhole rims, water valve boxes as well as landings,
pavements (asphalt or concrete), turfs, structure comers, trees, signs, fences and other visible site features
within the project site limit of survey. Provide cross section every 50' from R/W to R/W line. Locate top of
driveways top of 'X', bottom of 'X', back of sidewalk and 10 feet beyond RIW(BSW). Locate storm drain
manhole and provide invert elevations. Locate catch basins and curb drains/parkway drains and invert
elevations. Extend X -sect 25' beyond the curb returns at street intersections. Locate all walls and provide top
of wall elevations. Include herein is the survey of the depth of the facia and road clearance of the railroad
bridge.
• Prepare survey drawing
Assimilate all of the data collected in the field to prepare a survey drawing which will reflect found field
data. All survey data collected from field reconnaissance as well as the transfer of data to drawing format
will be reviewed for quality assurance. Work includes topographic mapping that leads to topographic plans
at 1"=20' minimum and six -inches or one foot contour intervals on 2406 drawing sheets on surveyor title
block and wet sealed.
II. Project Schedule
Our service will commence upon receiving from you a written Notice -to -Proceed and approval of this letter proposal.
We are committed to abiding by your project schedule and are expected to provide the final survey deliverable 4
weeks from issuance ofNotice-to-Proceed.
III. Compensation
Our compensation for providing the above supplemental topographical surveying services will be lump sum in the
amount S22,000. The proposed fee will be billed at the monthly percentage completion or each task.
Again thank you for the opportunity to be a member of your team and please do not hesitate to call us if you have
any question.
Sincerely,
VCA Engineers, Inc.
'Y"'""
Virgil C. Aoanan, P.E., S.E.
Principal
Approval and Notice to Proceed Date
VCA Engineers Inc 3961 Medford Street, Los Angeles CA 90063
Tel: 323-729-6098 Fax: 323-729-6043 email: vca@viceenglneers-Inc.com
A, -r i P
p: s-ir:bv4eo(
ROSEMEAD BOULEVARD -fr .de_ z/10/,l
Budget Overview
February 2011
** The information contained in this budget breakdown is subject to full allocation of funds scheduled for Council consideration as
part of the March 1 Mid -Year Budget Review
Construction phase expenses FIRM budget
Total Potential CON phase Budget 2
Total Local & State Funds
Total Federal Funds
TOTAL FIRM BUDGET
$ 11,591,830
$ 1,727,485
$ 13,319,315
Total Encumbrances (pre -con) to date $ (1,625,588)
$ 14,944,903
Supplemental Grant funds requested, $6,726,745
$ 21,671,648
Budget Details
Fund
Cash in the
Bank
Guaranteed
reimbursement
funds a
Future Fiscal
Year (FY)
Allocations 4
Potential
supplemental
funds,
Total per Fund
STPL - federal reimbursement funds distributed
annually per capita
$ -
$ 641,710
$ 365,855
$ -
$ 1,007,565
Prop C - monthly receipts of County sales taxes for
transportation
$ 3,235,985
$ -
$ 1,200,135
$ -
$ 4,436,120
Prop 1B - State -generated bond funds distributed
per capita in two allocations
$ 600,250
$ -
$ 530,760
$ -
$ 1,131,010
HPLU - federal reimbursement funds earmarked
from congressional legislation
$ -
$ 719,920
$ -
$ -
$ 719,920
Prop A - monthly receipts of County sales taxes for
transit functions
$ 1,500,000
$ -
$ -
$ -
$ 1,500,000
CRA - Community Redevelopment Agency funds
locally generated
$ 1,015,000
$ -
$ -
$ -
$ 1,015,000
Lighting & Landscaping Assessment District (L&L
Dist) - funds locally generated by assessment
$ 2,000,000
$ -
$ -
$ -
$ 2,000,000
Measure R - monthly receipts of County sales tax
initiative for transit & transportation
$ 483,700
$ -
$ 290,000
$ -
$ 773,700
Traffic Congestion Relief (TCR) funds - quarterly
receipts of State generated sales taxes on gasoline s
$ -
$ -
$ 350,000
$ -
$ 350,000
General Fund Account: Payment from Caltrans (non-
restrictive) 6
$ 386,000
$ -
$ -
$ -
$ 386,000
HSIP - Highway Safety Improvement Program,
federal reimbursement competitive grant
$ -
$ -
$ -
$ 340,045
$ 340,045
CFP- LA County MTA CaII for Projects, various funds;
reimbursement competitive grant
$ -
$ -
$ -
$ 6,386,700
$ 6,386,700
RAC - Rubberized Asphalt Concrete, State
reimbursement competitive grant
$ -
$ -
$ -
tbd
$ -
BTA-Bicycle Transportation; State reimbursement
funds, competitive grant
$ -
$ -
$ -
tbd
$ -
National Endowment for the Arts: competitive
grants program, fund source unknown
$ -
$ -
$ -
tbd
$ -
Total Funds
$ 9,220,935
$ 1,361,630
$ 2,736,750
$ 6,726,745
$ 20,046,060
Supplemental grant funds have been requested and are not to be considered part of the budget
2 Call for Projects (CFP) funds requested are highly likely to be partially funded at 50-80% of the grant request if awarded
a Funds are encumbered for the project; Expenses must be paid In advance and submitted for relmbursment
4 Annual or other per capita dispersements based on projections; reliable future dollars
s Funds must be spent within two fiscal years; reason for future allocation
6 Funds are direct payment from Caltrans re: relinquishment; non-restrictive and designated for specialty soft costs