HomeMy Public PortalAbout10B Approval of Contract for Facility Master Plans for LOP and TC ParkCity Council
September 16, 2014
Page 2 of 3
understanding of the project, past experience on similar projects, and proposed
fees.
4. On August 28, 2014, City staff (i.e., Parks and Recreation Director Cathy
Burroughs, Assistant to the City Manager/Economic Development Manager Brian
Haworth, and Parks and Recreation Intern Leslie Cayton) interviewed the selected
firms and unanimously recommended the City enter into an agreement with
Community Works Design Group to prepare the Facility Master Plans for Live Oak
Park and Temple City Park.
ANALYSIS:
One of the main objectives of the POSMP is to guide future capital improvement
planning in regards to parks and recreation facilities. To assist in identifying capital
improvement projects, the POSMP provided an Action Plan Matrix for Facilities and
Amenities (Matrix) which was prioritized by the Parks and Recreation Commission and
City Council. Development of the Facility Master Plans for Live Oak Park and Temple
City Park, identified as the top priority in the Matrix, will define a vision for future
development or rehabilitation of the parks and will serve as a basis for funding requests
when grants become available. It is expected that the Master Plans will incorporate
amenities listed in the Facility/Amenity Priority Rankings of the POSMP including
walking trials, additional picnic areas and playgrounds, pet friendly spaces, etc.
An RFP was developed to solicit proposals for the Facility Master Plans for Live Oak
Park and Temple City Park. The RFP directed the consultants to rely on the recently
adopted POSMP in regards to the community's requested facilities and amenities. A
total of nine (9) proposals were received by the published deadline of August 8, 2014.
Following is a summary of the proposals received:
Name . location Proposed Fee
Community Works Desiqn Group * Riverside $ 36,530
David Volz Desiqn * Costa Mesa $ 34,830
Gruen Associates Los Anqeles $163,636
Hirsch & Associates, Inc. (HAl) * Anaheim $ 35,180
Lawrence R. Moss & Associates Glendale $ 128,300
RHA Landscape Architects Planners, Inc. Riverside $ 34,980
RJM Desiqn Group San Juan Capistrano $ 59,050
SWA Group* Los Anqeles $ 34,960
Vanir Los Anqeles $430,270
*Selected to participate in interview process
City Council
September 16, 2014
Page 3 of 3
After a thorough review process, including a review of the proposals and interviews with
the top four firms, staff recommends the City Council approve a Design Professional
Services Agreement with Community Works Design Group to prepare the Live Oak
Park and Temple City Park Master Plans. Staff has carefully reviewed their
qualifications and scope of work and believes they have the necessary staff and
expertise to prepare master plans consistent with the recommendations contained in
the POSMP. After negotiations, Community Works Design Group has reduced their fee
from $36,530 to $34,530.
Approval of this Agreement will allow the City to move forward on implementation of the
POSMP. It is expected that the Live Oak Park and Temple City Park Master Plans will
be completed by March 31, 2015 allowing staff to include funding in the Fiscal Year
(FY) 2015-16 Capital Improvement Budget for recommended improvements.
CONCLUSION:
The City Council is requested to approve a Design Professional Services Agreement
with Community Works Design Group for development of Facility Master Plans for Live
Oak Park and Temple City Park in an amount not to exceed $34,530.
FISCAL IMPACT:
On June 3, 2014, the City Council adopted the Fiscal Year (FY) 2014-15 City Budget
which included a $35,000 appropriation for the Live Oak Park and Temple City Park
Master Plans. The proposed fee for the Facility Master Plans for Live Oak Park and
Temple City Park from Community Works Design Group is $34,530. Sufficient funds
have been appropriated in the current year's adopted budget.
ATTACHMENTS:
A. Design Professional Services Agreement-Community Works Design Group
B. Proposal for Professional Services for Preparation of Live Oak Park and Temple
City Park Master Plans-Community Works Design Group
ATTACHMENT A
DESIGN PROFESSIONAL SERVICES AGREEMENT
FOR LANDSCAPE ARCHITECTURAL SERVICES
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By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
Community Works Design Group
a C corporation
-I-
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
COMMUNITY WORKS DESIGN GROUP
This Agreement for Design Professional Services ("Agreement") is entered into as of this
~~day of September, 2014 by and between the City of Temple City, a municipal corporation
("City") and Community Works Design Group, a C Corporation ("Design Professional"). City
and Design Professional are sometimes hereinafter individually referred to as "Party" and
hereinafter collectively referred to as the "Parties."
RECITALS
A. City has sought, by Request for Proposals the performance of the landscape
architectural services defined and described particularly in Section 2 of this Agreement.
B. Design Professional, 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. Design Professional was selected by the City on the basis of Design Professional's
demonstrated competence and the professional qualifications necessary for the satisfactory
performance of the services required.
D. Pursuant to the City of Temple City's Municipal Code, City has authority to enter
into this Design Professional Services Agreement and the City Manager has authority to execute
this Agreement.
E. The Parties desire to formalize the selection of Design Professional for
performance of those services defined and described 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 Term of this Agreement is for six (6) months commencing on 09/29/2014 date and ending
03/3112015.
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SECTION2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Servi ces. Des ign Profess ional agrees to perform the services set fort h in
Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of this Agreement
by thi s refe ren ce.
(b) Sch edule of Performance. The Services s hall be completed pursuant to the
schedule sp ecifie d in Exhibit "A." Should the Services not be completed pursuant to th at
schedule, the Cons ultant shall be deemed to be in Default of thi s Agr eement. The City, in its
so le discr eti on, may choose not to enforce the Default provisions of thi s Agreement and may
instead allow Design Profess ional to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional shall not be compensated for any wor k r end ered in co nnecti on with
its performan ce of thi s Agreement that are in addition to or outsid e of the Serv ic es unle ss such
additional services are autho ri zed in advance and in writing in accordance with Section 26
"Admini stration and Implementation " or Section 28 "Am endment" of this Agreement. If and
w hen s uch additio nal work is authorized, such additional wo rk sh all be deemed to be part of the
Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitatio ns set forth in this Agreem ent, City agrees to pay Design
Profess ional the amounts specifi ed in Exhibit "B" "Compensation" and made a part of this
Agreem ent by this reference. The total compensation, including reimbursement for actual
expenses, s hall not exceed thirty four thousand fi ve hundred thirty dollars ($34,530), unless
additional compensation is approved in writing in acco rdance with Section 26 "Admini strati on
and Implementation" or Section 28 "Amendment" of this Agreement.
(b) Ea ch month Design Professional shall furnish to City an original invo ice for all
w ork performed and expenses incurred during the preceding month. The in voice shall detail
char ges by the fo ll owin g categori es : labor (by sub-category), trave l, materials, equipment,
supplies, and s ub -Design Pro fessiona l contract s. Sub-consultant charges s hall be detailed b y the
following categories : labor, travel, materials, equipment and supplies. If the compen satio n set
forth in subsection (a) and Exhibit "B" include payment of labor on an h our ly basis (as opposed
to labor and material s being paid as a lump sum), the l abor category in each invoice shall include
detailed descriptions of task pe rforme d and the am ount of time incurred for or a ll ocated to that
task . City sha ll independently review each invo ice submitted by the Design Profession al to
determine whe th er the work performed and expe nses incurred are in com pliance with the
provisions of this Agreem e nt. In the event that no charges or expenses are disputed, the in vo i ce
shall be approved and paid accord in g to the terms set forth in subsecti on (c). In the event any
charges or expenses are di sput ed by City, th e original invoice shal l be returned by City to Design
Professional for correction and resubmi ss ion.
(c) Except as to an y charges for work performed or expenses incurred by Design
Professional w hi c h are disputed by City, City w ill use its best effo rts to cau se Design
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Professional to be paid within forty-five (45) days of receipt of Design Professional's correct and
undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this Agreement
shall not be deemed to waive any defects in work performed by Design Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional's work under this
Agreement, either during performance or when completed. City shall reject or finally accept
Design Professional's work within sixty (60) days after submitted to City. City shall reject work
by a timely written explanation, otherwise Design Professional's work shall be deemed to have
been accepted. City's acceptance shall be conclusive as to such work except with respect to
latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design
Professional's work by City shall not constitute a waiver of any of the provisions of this
Agreement including, but not limited to, Section 16 "Indemnification" and Section 17
''"Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files and other documents prepared, developed or discovered by Design
Professional in the course of providing the Services pursuant to this Agreement shall become the
sole property of City and may be used, reused or otherwise disposed of by City without the
permission of the Design Professional. Upon completion, expiration or termination of this
Agreement, Design Professional shall turn over to City all such original maps, models, designs,
drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other
documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Design Professional in the
course of providing the Services pursuant to this Agreement, Design Professional's guarantees
and warranties in Section 9 "Standard of Performance" of this Agreement shall not extend to
such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files or other documents.
SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records
demonstrating or relating to Design Professional's performance of the Services. Design
Professional 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 Design Professional pursuant to this Agreement. Any and all such documents or
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records shall be maintained for three (3) years from the date of execution of this Agreement and
to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this
section shall be made available for inspection, audit and copying, at any time during regular
business hours, upon request by City or its designated representative. Copies of such documents
or records shall be provided directly to the City for inspection, audit and copying when it is
practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and
records shall be made available at Design Professional's address indicated for receipt of notices
in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to
be maintained pursuant to this section may be lost or discarded due to dissolution or termination
of Design Professional's business, City may, by written request, require that custody of such
documents or records be given to the City. Access to such documents and records shall be
granted to City. as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Design Professional is and shall at all times remain a wholly independent
contractor and not an officer, employee or agent of City. Design Professional shall have no
authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on
behalf of or against City, whether by contract or otherwise, unless such authority is expressly
conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Design
Professional shall at all times be under Design Professional's exclusive direction and control.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City,
shall have control over the conduct of Design Professional or any of Design Professional's
officers, employees, or agents except as set forth in this Agreement. Design Professional shall
not at any time or in any manner represent that Design Professional or any of Design
Professional's officers, employees, or agents are in any manner officials, officers, employees or
agents of City.
(c) Neither Design Professional, nor any of Design Professional's officers, employees
or agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Design Professional expressly waives any claim Design
Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Design Professional represents and warrants that it has the qualifications, experience and
facilities necessary to properly perform the Services required under this Agreement in a thorough,
competent and professional manner. Design Professional shall at all times faithfully,
competently and to the best of its ability, experience and talent, perform all Services. In meeting
its obligations under this Agreement, Design Professional shall employ, at a minimum, generally
accepted standards and practices utilized by persons engaged in providing services similar to the
Services required of Design Professional under this Agreement, and shall use such skill,
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prudence, and diligence as other members of Design Professional's profession commonly possess
and exercise. In addition to the general standards of performance set forth this section, additional
specific standards of performance and performance criteria may be set forth in Exhibit "A"
"Scope of Work" that shall also be applicable to Design Professionals work under this
Agreement. Where there is a conflict between a general and a specific standard of performance
or performance criteria, the specitic standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Design Professional shall keep itself informed of and comply with all applicable federal,
state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of
this Agreement. Design Professional shall obtain any and all licenses, permits and authorizations
necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or
appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in
equity, as a result of any failure of Design Professional to comply with this section.
SECTION 11. PREY AILING WAGE LAWS.
It is the understanding of City and Design Professional that California prevailing wage
laws do not apply to this Agreement because the Agreement does not involve any of the
following services subject to prevailing wage rates pursuant to the California Labor Code or
regulations promulgated thereunder: construction, alteration, demolition, installation, or repair
work performed on public buildings, facilities, streets or sewers done under contract and paid for
in whole or in part out of public funds. In this context, "construction" includes work performed
during the design and preconstruction phases of construction including, but not limited to,
inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Design Professional shall not discriminate, in any way, against any person on the basis of
race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical
condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Design Professional hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as defined therein. Should Design
Professional so employ such unauthorized aliens for the performance of the Services, and should
the any liability or sanctions be imposed against City for such use of unauthorized aliens, Design
Professional hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Design Professional covenants that neither it, nor any officer or principal of its
firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner
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with the interests of City or which would in any way hinder Design Professional's performance
of the Services. Design Professional further covenants that in the performance of this
Agreement, no person having any such interest shall be employed by it as an officer, employee,
agent or subcontractor without the express written consent of the City Manager. Design
Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of
interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Design Professional is, as of the date of
execution of this Agreement, independently involved in the performance of non-related services
for other governmental agencies and private parties. Design Professional is unaware of any
stated position of City relative to such projects. Any future position of City on such projects
shall not be considered a conflict of interest for purposes of this section.
(c) City understands and acknowledges that Design Professional will, perform non-
related services for other governmental agencies and private Parties following the completion of
the Services under this Agreement. Any such future service shall not be considered a conflict of
interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Design Professional in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Design Professional. Design Professional shall not release or
disclose any such information or work product to persons or entities other than City without prior
written authorization from the City Manager, except as may be required by law.
(b) Design Professional, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the City Manager or unless requested by the City
Attorney of City, voluntarily provide declarations, letters of 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
Design Professional gives City notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design
Professional, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Design Professional for any damages,
costs and fees, including attorneys fees, caused by or incurred as a result of Design Professional's
conduct.
(d) Design Professional shall promptly notify City should Design Professional, its
otlicers, 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 Design
Professional or be present at any deposition, hearing or similar proceeding. Design Professional
agrees to cooperate fully with City and to provide City with the opportunity to review any
response to discovery requests provided by Design Professional. However, this right to review
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any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code Section
2782.8, Design Professional shall indemnify, pr otect, 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 Design Professional, its officers, agents,
employees or sub-Design Professionals (or any entity or individual that Design Professional shall
bear the legal liability thereof) in the performance of professional services under this Agreement,
with the understanding that in the event Claims are found by the trier of fact to have been caused
by the joint or concurrent negligence of the City and its contractors and Design Professionals,
and Design Professional, damages and expenses from both indemnity and duty to defend
obligations shall be borne by each party in proportion to its negligence.
(b) Indemnification from Sub-Consultants. Design Professional agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in this section
from each and every sub-consultant I contract or any other person or entity involved by, for , with
or on behalf of Design Professional in the performance of this Agreement naming the
Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain
such indemnity obligations from others as required here, Design Professional agrees to be fully
responsible according to the terms of this section. Failure of City to monitor compliance with
these requirements imposes no additional obligations on City and will in no way act as a waiver
of any rights hereunder. This obligation to indemnify and defend City as set forth herein is
binding on the successors, assigns or heirs of Design Professional and shall survive the
termination of this Agreement or this section.
(c) City's Negligence. The provisions of this section do not apply to Claims
occurring as a result of City 's sole negligence. The provisions of this section shall not release
City from liability arising from gross negligence or willful acts or omissions of City or any and
all of its officials, employees and agents.
SECTION 17 . INSURANCE.
Design Professional agrees to obtain and maintain in full force and effect during the term
of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a 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. Design Professional agrees to provide City with copies of required policies upon
request.
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SECTION 18. ASSIGNMENT.
The expertise and experience of Design Professional are material considerations for this
Agreement. City has an interest in the qualifications and capability of the persons and entities
who will fulfill the duties and obligations imposed upon Design Professional under this
Agreement. In recognition of that interest, Design Professional shall not assign or transfer this
Agreement or any portion of this Agreement or the performance of any of Design Professional's
duties or obligations under this Agreement without the prior written consent of the City. Any
attempted assignment shall be ineffective, null and void, and shall constitute a material breach of
this Agreement entitling City to any and all remedies at law or in equity, including termination of
this Agreement pursuant to Section 20 "Termination of Agreement." City acknowledges,
however, that Design Professional, in the performance of its duties pursuant to this Agreement,
may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability and
continuity of Design Professional's staff and subcontractors, if any, assigned to perform the
Services. Design Professional shall notify City of any changes in Design Professional's staff and
subcontractors, if any, assigned to perform the Services prior to and during any such
performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving
thirty (30) days written notice of termination to Design Professional. In the event such notice is
given, Design Professional shall cease immediately all work in progress.
(b) Design Professional may terminate this Agreement for cause at any time upon
thirty (30) days written notice of termination to City.
(c) If either Design Professional or City fail to perform any material obligation under
this Agreement, then, in addition to any other remedies, either Design Professional, or City may
terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Design Professional or City, all
property belonging exclusively to City which is in Design Professional's possession shall be
returned to City. Design Professional shall furnish to City a final invoice for work performed
and expenses incurred by Design Professional, prepared as set forth in Section 4 "Compensation
and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the
same manner as set forth in Section 4 "Compensation and Method of Payment" of this
Agreement.
SECTION 21. DEFAULT.
In the event that Design Professional is in default under the terms of this Agreement, the
City shall not have any obligation or duty to continue compensating Design Professional for any
work performed after the date of default. Instead, the City may give notice to Design
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Professional of the default and the reasons for the default. The notice shall include the timeframe
in which Design Professional may cure the default. This timeframe is presumptively thirty (30)
days, but may be extended, though not reduced , if circumstances warrant. During the period of
time that Design Professional is in default, the City shall hold all invoices and shall, when the
default is cured, proceed with payment on the invoices. In the alternative, the City may, in its
sole discretion, elect to pay some or all of the outstanding invoices during the period of default.
If Design Professional does not cure the default, the City may take necessary steps to terminate
this Agreement under Section 20 "Termination of Agreement." Any failure on the part of the
City to give notice of the Design Professional's default shall not be deemed to result in a waiver
ofthe City's legal rights or any rights arising out of any provision ofthis Agreement.
SECTION 22. EXCUSABLE DELAYS.
Design Professional shall not be liable for damages, including liquidated damages, if any,
caused by delay in performance or failure to perform due to causes beyond the control of Design
Professional. Such causes include, but are not limited to, acts of God , acts of the public enemy,
acts of federal , state or local governments , acts of City, 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 Services shall be furnished to
Design Professional in every reasonable way to facilitate , without undue delay, the Services 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 Design Professional:
City of Temple City
Attn: City Manager
9701 Las Tunas Dr.
Temple City, CA 91780
Community Works Design Group
Attn: Timothy Maloney, President
4649 Brockton A venue
Riverside, CA 92506
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.
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SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design Professional
represents and warrants that he/she/they has/have the authority to so execute this Agreement and
to bind Design Professional to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her
designated representative. The City Manager shall have the authority to issue interpretations and
to make amendments to this Agreement, including amendments that commit additional funds,
consistent with Section 28 "Amendment" and the City Manager's contracting authority under the
Temple City Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the Parties.
SECTION28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing
and approved by the Design Professional and by the City. The City Manager shall have the
authority to approve any amendment to this Agreement if the total compensation under this
Agreement, as amended, would not exceed the City Manager's contracting authority under the
Temple City Municipal Code. All other amendments shall be approved by the City Council. The
Parties agree that the requirement for written modifications cannot be waived and that any
attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any 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 Design Professional shall not
constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the
State of California. In the event of litigation between the Parties, venue in state trial courts shall
lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
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SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision
of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to
an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to
which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete,
final and exclusive expression of the Parties with respect to the matters addressed therein and
supersedes all other agreements or understandings, whether oral or written, or entered into
between Design Professional and City prior to the execution of this Agreement. No statements,
representations or other agreements, whether oral or written, made by any Party which are not
embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
this Agreement shall not be affected thereby and the Agreement shall be read and construed
without the invalid, void or unenforceable provision(s ).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms
of any Exhibit hereto, or with the terms of any document incorporated by reference into this
Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
and year tirst-above written.
ATTEST:
Peggy Kuo
City Clerk
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CITY OF TEMPLE CITY
Bryan Cook
City Manager
EXHIBIT "A"
SCOPE OF SERVICES
I. Design Professional will perform the following Services, as well as all services
outlined in the Proposal dated August 8, 2014 which is hereby incorporated by
reference:
A. Provide Research and Program Scoping with Staff
B. Provide Preliminary/Design Day Planning and Connmmity Meetings
B. Prepare Master Plan Options for Review/Comment/Input
C. Develop Final Master Plan and Cost Estimates and present to City Officials.
II. As part of the Services, Design Professional will prepare and deliver the following
tangible work products to the City:
A. Provide Base Plans for both Parks
B. Provide Various Preliminary Plans and Cost Estimates for both Parks
C. Provide Final Colored Master Plans and Cost Estimates for both Parks (electronic)
III. During performance of the Services, Design Professional will keep the City
appraised of the status of performance by delivering the following status reports:
A. Develop a proposed Schedule for review and input from Staff.
B. Provide regular electronic communication with City StatT.
C. Provide updated cost estimates and status reports.
D. Provide final written Master Plan Documents for both parks.
IV. The tangible work products and status reports will be delivered to the City pursuant
to the following schedule:
A. Begin Program/Project Assessments-September
B. Hold Preliminary/Design Day Meetings -October
C. Develop Preliminary Master Plan Options-November
D. Finalize Master Plans and Present to City Staff and Officials-December
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V. Design Professional will utilize the following personnel to accomplish the Services:
A. Tim Maloney -Principal
B. Scott Rice-Senior Project Manager-Landscape Architect
C. Allison Rush-Assistant Project Manager
D. Kay Kite-Assistant Project Manager
VI. Design Professional will utilize the following subcontractors to accomplish the
Services:
A. Larry Musser-PRZ Sportsturf (optional)
B. Roy Morales-Electrical Engineer
C. Mitch Adkison-Civil Engineer
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EXHIBIT "B"
COMPENSATION
I. Design Professional shall nse the following rates of pay in the performance of the
Services:
A. Prinicipal $165.00/hr.
B. Sen. Land. Arch. $135.00/hr.
C. Land. Arch. $125.00/hr.
D. Land. Designer $115 .00/hr.
E. Stafi $65.00/hr.
II. Design Professional may utilize subcontractors as indicated iu this Agreement. The
hourly rate for any subcontractor is not to exceed $175.00 per hour without written
authorization from the City Manager or his designee.
III. The total compensation for the Services shall not exceed $34,530.00, as provided in
Section 4 "Compensation and Method of Payment" of this Agreement.
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EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Design Professional shall provide and maintain
insurance, acceptable to the City, in full force and effect throughout the term of this Agreement,
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Services by Design Professional, its agents,
representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A:VII. Design Professional shall provide the following scope and limits of
msurance:
I. Minimum Scope of Insurance. Design Professional shall maintain
professional liability insurance appropriate to the Design Professional's profession. This
coverage may be written on a "claims made" basis, and must include coverage for contractual
liability. The professional liability insurance required by this Agreement must be endorsed to be
applicable to claims based upon, arising out of or related to Services performed under this
Agreement. The insurance must be maintained for at least three (3) consecutive years following
the completion of Design Professional's services or the termination of this Agreement. During
this additional three (3) year period, Design Professional shall annually and upon request of the
City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Design Professional shall maintain limits
of professional liability insurance no less than $1,000,000 per occurrence.
B. Other Provisions. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either
Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice
by certified mail, return receipt requested, has been given to City.
C. Other Requirements. Design Professional agrees to deposit with City, at or before
the effective date of this Agreement, certificates of insurance necessary to satisfy City that the
insurance provisions of this contract have been complied with. The City Attorney may require
that Design Professional furnish City with copies of original endorsements effecting coverage
required by this Exhibit "C". The certificates and endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect
complete, certified copies of all required insurance policies, at any time.
I. Design Professional shall furnish certificates and endorsements from each
subcontractor identical to those Design Professional provides.
2. Any deductibles or self-insured 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 Design Professional shall procure a bond
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C-1
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 Design Professional's liability hereunder nor to fulfill the indemnification
provisions and requirements of this Agreement.
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TABLE OF CONTENTS
A. COVER LETTER
B. COMPANY PROFILES 1
C. PROJECT UNDERSTANDING ................................................ 3
D. DESCRIPTION OF SERVICES -~·-············································· 9
E. SCHEDULE OF PERFORMANCE ....................................... 18
F. RELEVANT EXPERIENCE AND REFERENCES .. .. . . .. . . . . . .. 21
G. TEAM OVERVIEW ................................................................. 26
H . INSURANCE COVERAGES ................................................ 31
I . FEE SCHEDULE ................................................. (ATTACHED)
3.
2.
1.
We guarantee that our Principal, Tim Maloney and our Senior Project Manager, Scott
Rice, will be working exclusively with the City on these projects. In fact, we will be
dedicating Tim and Scott to the proiects for the duration of the Master Planning
processes! This type of uninterrupted, dedicated senior management involvement is
not offered by many firms. This will allow our team to function as a extension of
Agency Staff, rather than a typical design consultant.
We have assembled a great team for your projects. PRZ Sportsturf are "the" turf
experts. Coupled with our in-house Civil Engineering team, Certified Irrigation
Designers and Certified Water Auditors as well as ADNCASp specialist, this team will
be "going beyond" the usual park master planning level. We will assist the City with
developing a workable and long lasting maintenance and operations plan for your
valued community assets.
The Community Works Design Group team is dedicated to expediting the master
planning processes for both parks to a rapid, successful completion. We fully intend to
exceed the needs and expectations of the City in the design and planning upgrades of
these projects. Our office provides these services throughout the State. We will be there
when you need us!
PROFESSIONAL COMMITMENT
Unlike some larger firms, this is not 'just another projec t' which will be delegated to junior staff once th e
contract is signed. We believe in a deep perso nal commitment and involvement on an ongo ing basi s w ith
representatives of the City of Temple City. This type of personal involvement by senior p ers onnel is no t
possible with many offices.
DESIGN TEAM
The Community \Vorks Design Group team offers a unique combi na t ion of re leva nt project experience,
creative des ign ability, and comprehensive technical skills assuring projects which are imaginat iv e, effi cie nt,
and practic al. Mr. T im othy Maloney, President and Mr. Scott Rice , L andsca p e Architect/ Senior Project
Manager, h ave been invo lved in the planning of park and recreation projec ts for various communities
throughout the State.
Included on the Community Works Des ign Group Team a re:
Timothy I. Maloney, ASLA
Scott Rice , ASLA , LEED AP
Morgan ltzel , LLA
Bud Fish, P.E.
Ash ok Patel
Ro ss Kn azs, AS LA
Bob Fawcett, AS LA
Kay Kite, C ID, CLIA
Allison Ru s h
Landsq_pe Architect -Principal
Landscape Architect-Senior Project Manager
Landscape Architect -Project M a nager
Civil Enginee r-Projec t Manager
Cost E stimator
Lands cape Architect-Projec t Manager
Landscape Architect-Quali ty Control -Pl an Check
Certified Irrigation Designer/Water Auditor
Landscape Designer-Assistant Project Manager
THE PROPOSAL
Our proposal covers key issues we feel to be of greatest significance in the selection of the master plan
design team consultant and the smooth, efficient completion of the projects. For your convenience, we
have organized our proposal into several sections, which are referenced in the table of contents. This
proposal presents a firm offer for a one hundred twenty (120) day period.
The members of the Design Team and I appreciate your consideration of our team for these important
projects and we look forward to providing Master Planning Services for Live Oak Park and Temple City
Park with the City of Temple City.
Respectfully submitted,
COMMUNITY WORKS DESIGN GROUP
4-AV ·-
Timothy I. Maloney, ASLA, CPRS
President
Landscape Architect
License Number 2110