HomeMy WebLinkAboutC-2705AMENDMENT NO. 2 TO AGREEMENT FOR LANDSCAPE
ARCHITECTURAL SERVICES BY
OF ARCADIA AND CALVIN R. ABE & ASSOCIATES, INC.,
DBA AHBE LANDSCAPE ARCHITECTS
This Amendment No. 2 ( "Amendment No. 2 ") is hereby entered into by and
between the City of Arcadia, a charter city organized under the Constitution
and laws of the State of California, and Calvin R. Abe & Associates, Inc.,
doing business as AHBE Landscape Architects, a California corporation, with
respect to that certain Professional Services Agreement between the parties
dated May 2, 2012 ( "Agreement ").
The parties agree as follows:
1. Exhibit "A" attached to the Agreement is amended by adding thereto the
"Supplement Scope of Services" attached to this Amendment No. 2.
2. Section 3.3.1 of the Agreement is amended by deleting "Forty Four
Thousand One Hundred Fifty Six Dollars and Zero Cents ($44,156.00)"
and by substituting therefor "Forty Six Thousand One Hundred Fifty Six
Dollars and Zero Cents ($46,156.00) ".
3. Exhibit "C" attached to the Agreement is amended by adding thereto the
"Supplement to Exhibit °C" attached to this Amendment No. 2.
4. All of the remaining terms and provisions of the Agreement are hereby
reaffirmed.
In witness whereof the parties have executed this Amendment No. 2 on the
date set forth below.
[SIGNATURES ON NEXT PAGE]
CITY OF ARCADIA
minic Lazzarettb-,---)
City Manager
Date:
ATTEST:
APPROVED AS TO FORM;
Stephe P. Delitsph
City Attorney
AB BE LANDSCAPE ARCHITECTS
Calvin Abe
President
Title
Date:
Name: Linde Dale
Managing Principal
Title.
Date; [f
CONCUR:
L
son Kr bkeberg Date
/kssist nt City Manager/
Development Services Director
Exhibit "A" of the Agreement is amended to include additional work set forth in the
attached correspondence from Evan Mather, Principal of Consultant to Linda Hui,
Transportation Services Manager of City of Arcadia dated October 3, 2012.
. 0 1 0 0 1 WMILIPYTIN
Pursuant to Section 3.3.1 of the Professional Services Agreement, the total
compensation is increased by $2,000 for a new total compensation of $46,156.
Id B E
LANDSCAPE ARCHITECTS
NOTICE OF ADDITIONAL SERVICES #1
DATE
OCTOBER 3, 2012 FROM
CLIENT
CITY OF ARCADIA cc
PROJECT
CITY OF ARCADIA GOLD LINE TRANSIT PLAZA
PROJECT #
112015.01
CONTRACT DATE
AUGUST 13, 2012
CONTRACTAMOUNT
$44,156.00
REQUESTED BY LINDA HUI
A HEALTHY BEAUTIFUL ENVIFI0MMEN'T
EVAN MATHER, ASLA
MARY LU
Description of Additional Services
Revisions to design development package to accommodate removal of fountain element; includes
modifications to hardscape plans; illustrative plan renderings; and illustrative perspective renderings
Includes cost estimate revision and delivery of additional fountain precedent concept imagery.
Cost for Additional Services
$ 2,000.00
Revised Contract Amount
$ 46,156.00
Client Approval of Additional Service #1
Services described herein will be provided upon receipt of Client's written authorization. Sign below to
confirm your approval of the above Additional Services description and fees. Return the signed document to
us. Retain a copy for your records.
CLIENT LANDSCAPE ARCHITECT
City of Arcadia AHBE Landscape Architects
PRINTED NAME PRINTED NAME
SIGNATURE SIGNATURE
TITLE TITLE
DATE SIGNED DATE SIGNED
8729 WASHINGTON BOULEVARD, CULVER CITY, CALIFORNIA 90232 T:310.838.0448 r-:310,204.2664 WWW.AHBE.COM
two --qo
AMENDMENT NO. 1 TO AGREEMENT FOR LANDSCAPE
ARCHITECTURAL SERVICES BY AND BETWEEN THE CITY
OF ARCADIA AND CALVIN R. ABE & ASSOCIATES, INC.,
DBA AHBE LANDSCAPE ARCHITECTS
This Amendment No. 1 ( "Amendment No. 1") is hereby entered into by and
between the City of Arcadia, a charter city organized under the Constitution
and laws of the State of California, and Calvin R. Abe & Associates, Inc.,
doing business as AHBE Landscape Architects, a California corporation, with
respect to that certain Professional Services Agreement between the parties
dated May 2, 2012 ( "Agreement ").
The parties agree as follows:
1. Exhibit "A" attached to the Agreement is amended by adding thereto the
"Supplement Scope of Services" attached to this Amendment No. 1.
2. Section 3.3.1 of the Agreement is amended by deleting "Fourteen
Thousand Dollars and Zero Cents ($14,000.00)" and by substituting
therefor "Forty Four Thousand One Hundred Fifty Six Dollars and Zero
Cents ($44,156.00) ".
3. Exhibit "C" attached to the Agreement is amended by adding thereto the
"Supplement to Exhibit "C" attached to this Amendment No. 1.
4. All of the remaining terms and provisions of the Agreement are hereby
reaffirmed.
In witness whereof the parties have executed this Amendment No. 1 on the
date set forth below.
[SIGNATURES ON NEXT PAGE]
CITY OF ARCADIA
Dominic Lazzare
City Manager
Date: 20 t?—
ATTEST: - --
City - rk
APPROVED AS TO FORMi
&t� P
Stephen P. Deitsch
City Attorney
AHBE LANDSCAPE ARCHITECTS
Name: Calvin Abe
President
Title
Date: i-�� �'Y
Name:
Title
Date:
CONCUR:
a=4,--z 8.70•/2
ason ckeberg Date
Assistant City Manager/
Development Services Director
SUPPLEMENT SCOPE OF SERVICES
Exhibit "A" of the Agreement is amended to include additional work set forth in the
attached correspondence from Evan Mather, Principal of Consultant to Linda Hui,
Transportation Services Manager of City of Arcadia dated July 26, 2012.
A Hfi_A LI I °IY f3 E. A (it I PUL ENV I R.ONMENI
ACT
LANDSCAPE ARCHITECTS
AUGUST 15, 2012
MS. LINDA HUI
TRANSPORTATION SERVICES MANAGER
CITY OF ARCADIA
Ihui @ci.arcadia.ca.us
re.: City of Arcadia Gold Line Transit Plaza — Design Development
Proposal for Landscape Architectural Services
Dear Linda,
It is a pleasure to submit our proposal to provide continued landscape architectural design services for the
City of Arcadia Gold Line Transit Plaza project. This proposal is based on continuing the City Council -
approved design (Concept A — Town Square) into the design development phase. We have outlined a brief
description of services and professional fees below.
Project Description and Scope of Work
The project is a landscape design for an urban plaza located adjacent to the future Gold Line transit station
in Arcadia, California. We will provide design development services for hardscape, planting, and irrigation.
The final product will be a design development package in sufficient detail to communicate the design to
future Design -Build bidders. We anticipate beginning this phase on August 8, 2012 (pending contract
authorization by City Council on 8/7/12), a design review charette with the City on August 17, 2012, and
delivering of the final package by August 28, 2012.
Professional Services
Phase 1.0: Design Development
Following written notice to proceed (anticipated August 8, 2012), the Landscape Architect shall complete the
following tasks:
1.01 Receive site and architectural base sheets for station and parking structure in CAD format via City
of Arcadia.
1.02 Coordinate with the station and parking structure in terms of building materials and color palette to
ensure the three areas work harmoniously. This will include reconfiguration of the corner of 1st
Avenue and Santa Clara.
1.03 Provide multiple street furniture options based on ease of long term maintenance and replacement.
1.04 Provide water feature options and placement.
1.05 Prepare refined hardscape plans and coordinate with Design Team.
1.06 Prepare refined lighting design including fixture selection. Coordinate photometrics with lighting
product representative(s).
1.07 Prepare irrigation details, equipment list and point -of- connection for water and power.
1.08 Prepare refined planting plans.
1.09 Prepare refined signage plans.
1.10 Prepare statement of probable construction cost for landscape features.
1.11 Charette with City of Arcadia to receive comments on draft design package (August 17, 2012).
1.12 Refine package based on City comments.
1.13 Deliver 100% Design Development package to City of Arcadia by August 28, 2012.
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Project Assumptions and Exclusions
A. Architect shall provide electronic AutoCAD file (DWG format) with final building footprint. Architect
shall also provide an accurate topographic survey including legal boundaries, spot grades, street
and curbs, existing utilities, and adjacent building.
B. Professional services not included:
• Structural engineering for landscape features
• Electrical engineering for lighting, irrigation, and fountain elements.
• Civil Engineering and grading for site
• Agency processing except as noted above
• Fountain mechanical engineering (if required)
• Storm water mitigation design and calculations
• Waterproofing design and documentation
• Preparation of ADA access diagrams
• Soil testing
• Arborist Report
• Review of plans with local Fire Department agencies
• Preparation of separate Street permit documents
• Caltrans drawings
• As -built drawing preparation
• Permit application or Agency meetings
• Community meetings
• Development and production of film /video presentations
C. Verbal request to commence each task constitutes approval of prior design, material selections,
etc. Change in subsequent phases will be considered Additional Services and will be documented
and billed on an hourly basis at our Standard Hourly Rates.
Professional Service Fee
Our fixed fee for landscape architectural services is Thirty- Thousand One - Hundred and Fifty -Six Dollars
($30,156.001. This fee includes a budget for reimbursable expenses.
Phase 1.0 Design Development $ 28,720.00
Reimbursables Budoet $ 1.436.00
TOTAL FEE $ 30,156.00
Standard Hourly Rates*
Senior Principal
$ 220.
Design Principal
$ 215.
Principal
$ 170.
Sr. Project Manager, Sr. Project Designer
$ 125.
Project Manager, Project Designer
$ 110.
Job Captain
$ 105.
Landscape Designer
$ 90.
Landscape Staff
$ 75.
Administrator /Clerical Staff
$ 60.
* These rates are valid for calendar year 2012, and are subject to change on an annual basis.
Additional Services
All services not included in the above scope of work will be considered Additional Services and will be billed
at the Standard Hourly Rates. All additional services will require written authorization from Architect and /or
Owner before proceeding with any approved changes.
City of Arcadia Gold Line Transit Plaza - Design Development - Landscape Fee Proposal PAGE 12
SUPPLEMENT TO COMPENSATION
Pursuant to Section 3.3.1 of the Professional Services Agreement, the total
compensation is increased by $30,156 for a new total compensation of $44,156 with the
additional compensation set forth below.
Professional Service Fee
Our fixed fee for landscape architectural services is Thirty- Thousand One - Hundred and Fifty -Six Dollars
($30,156.00). This fee includes a budget for reimbursable expenses.
Phase 1.0 Design Development $ 28,720.00
Reimbursables Budget $ 1,436.00
TOTAL FEE $ 30,156.00
Standard Hourly Rates*
Senior Principal
$ 220.
Design Principal
$ 215.
Principal
$ 170.
Sr. Project Manager, Sr. Project Designer
$ 125.
Project Manager, Project Designer
$ 110.
Job Captain
$ 105.
Landscape Designer
$ 90.
Landscape Staff
$ 75.
Administrator /Clerical Staff
$ 60.
* These rates are valid for calendar year 2012, and are subject to change on an annual basis.
1
CITY OF 1:.. , A
PROFESSIONAL 'R AGREEMENT
LANDSCAPE ARCHITECTURAL SERVICES FOR THE
GOLD 1 RR •, I A TRANSIT PLAZA 4 A • 1
This Agreement is made and entered into this�nd day of hnaq
2012 by and between the City of Arcadia, a charter city organized under the
Constitution and laws of the State of California with its principal place of business at 240
West Huntington Drive, Arcadia, California 91066 ®6021 ( "City ") and Calvin R. Abe &
Associates, Inc., doing business as AHBE Landscape Architects, a California
Corporation with its principal place of business at 8729 Washington Boulevard, Culver
City, CA 90232 ( "Consultant "). City and Consultant are sometimes individually referred
to as "Party" and collectively as "Parties."
w 1
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set forth
in this Agreement. Consultant represents that it is experienced in providing landscape
architectural services to public clients, is licensed in the State of California, and is
familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Gold Line
Arcadia Transit Plaza conceptual plans ( "Project ") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional cost
evaluation consulting services necessary for the Project ( "Services "). The Services are
more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from May 17, 2012 to
June 30, 2012, unless earlier terminated as provided herein. Consultant shall complete
the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines.
Revised 12/10 LM
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and
as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's
submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the prior written approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon prior written approval
of City. In the event that City and Consultant cannot agree as to the substitution of key
personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a manner acceptable
to the City, or who are determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property, shall be promptly removed from the Project by the Consultant at
the request of the City. The key personnel for performance of this Agreement are as
follows: Evan Mather, RLA, ASLA, Principal.
3.2.5 City's Representative. The City hereby designates Jason
Kruckeberg, AICP, Assistant City Manager /Development Services Director, or his
designee, to act as its representative for the performance of this Agreement ( "City's
Representative "). City's Representative shall have the power to act on behalf of the
City for all purposes under this Contract. Consultant shall not accept direction or orders
from any person other than the City's Representative or his or her designee.
Revised 12/10 LM
2
3.2.6 Consultant's Representative. Consultant hereby designates Evan
Mather, RLA, ASLA, Principal or his designee, to act as its representative for the
performance of this Agreement ("Consultant's Representative "). Consultant's
Representative shall have full authority to represent and act on behalf of the Consultant
for all purposes under this Agreement. The Consultant's Representative shall supervise
and direct the Services, using his best skill and attention, and shall be responsible for all
means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Consultant represents and maintains
that it is skilled in the professional calling necessary to perform the Services. Finally,
Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to
perform the Services, including a City Business License, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. As provided for in
the indemnification provisions of this Agreement, Consultant shall perform, at its own
cost and expense and without reimbursement from the City, any services necessary to
correct errors or omissions which are caused by the Consultant's failure to comply with
the standard of care provided for herein. Any employee of the Consultant or its sub -
consultants who is determined by the City to be uncooperative, incompetent, a threat to
the adequate or timely completion of the Project, a threat to the safety of persons or
property, or any employee who fails or refuses to perform the Services in a manner
acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re- employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.2.9.1 Immigration Reform and Control Act. Consultant
acknowledges that Consultant, and all subcontractors hired by Consultant to perform
services under this Agreement, are aware of and understand the Immigration Reform
and Control Act ( "IRCA "). Consultant is and shall remain in compliance with the IRCA
Revised 12/10 LM
3
and shall ensure that any subcontractors hired by Consultant to perform services under
this Agreement are in compliance with the IRCA. In addition, Consultant agrees to
indemnify, defend and hold harmless the City, its agents, officers and employees, from
any liability, damages or causes of action arising out of or relating to any claims that
Consultant's employees, or the employees of any subcontractor hired by Consultant,
are not authorized to work in the United States for Consultant or its subcontractor and /or
any other claims based upon alleged IRCA violations committed by Consultant or
Consultant's subcontractor(s).
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not
commence Work under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addition, Consultant
shall not allow any subcontractor to commence work on any subcontract until it has
provided evidence satisfactory to the City that the subcontractor has secured all
insurance required under this section; provided, however, that in lieu thereof, the
Consultant may provide evidence to the City that all subcontractors are additional
insureds under the Consultant's policies of insurance.
3.2.10.2 Minimum Requirements. Consultant shall, at its
expense, procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Agreement by the Consultant, its agents,
representatives, employees, subcontractors and volunteers. Consultant shall also
name and obtain insurer's consent to naming City, its directors, officials, officers,
employees, agents and volunteers as an additional insured with proof of certificate of
insurance that they are an additional insured. Such insurance shall meet at least the
following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be
when commercially available (occurrence based) at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial General
Liability coverage for premises and operations, contractual liability, personal injury,
bodily injury, independent contractors, broadform property damage, explosion, collapse,
and underground, products and completed operations; (2) Automobile Liability:
Insurance Services Office Business Auto coverage for any auto owned, leased, hired,
and borrowed by Consultant or for which Consultant is responsible; and (3) Workers'
Compensation and Employer's Liability: Workers' Compensation insurance as required
by the State of California and Employer's Liability Insurance.
City, its directors, officials, officers, employees, agents and volunteers shall be listed as
additional insured. Any deductibles or self - insured retentions must be declared to and
approved by City and conform to the requirements provided in Section 3.2.10.6 herein.
(B) Minimum Limits of Insurance. Consultant shall
maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage, with an aggregate
Revised 12/10 LM
4
limit of $1,000,000. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement /location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage; and (3) Workers' Compensation and Employer's
Liability: Workers' Compensation limits as required by the Labor Code of the State of
California. Employer's Liability limits of $1,000,000 per accident for bodily injury or
disease.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub - consultants to procure and maintain, for a period of three
(3) years following completion of the Project, errors and omissions liability insurance
appropriate to their profession. Such insurance shall be in an amount not less than
$1,000,000 per claim, and shall be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies
shall contain the following provisions, or Consultant shall provide endorsements on
forms supplied or approved by the City to add the following provisions to the insurance
policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees and
volunteers shall be covered as additional insured with respect to liability arising out of
Services operations and for completed operations performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such
work; and (2) the insurance coverage shall be primary insurance as respects the City,
its directors, officials, officers, employees and volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of the Consultant's scheduled underlying coverage.
Any insurance or self - insurance maintained by the City, its directors, officials, officers,
employees and volunteers shall be excess of the Consultant's insurance and shall not
be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy
shall be endorsed to state that: (1) the City, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insured's with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by the Consultant or for which the Consultant is responsible;
and (2) the insurance coverage shall be primary insurance as respects the City, its
directors, officials, officers, employees, agents and volunteers, or if excess, shall stand
in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage. Any insurance or self- insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, employees, agents and volunteers for losses paid under the
terms of the insurance policy which arise from work performed by the Consultant.
Revised 12/10 IN
5
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or
canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested of cancellation, of intended non - renewal or endorsement reduction in limit or
scope of coverage; provided, however, that in the event of cancellation due solely to
non - payment of premium, ten (10) days notice of cancellation for non - payment of
premium may instead be given to the City.; and (B) any failure to comply with reporting
or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, employees, agents and
volunteers.
3.2.10.5 Separation of Insured's; No Special Limitations. All
insurance required by this Section shall contain standard separation of insured's
provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its directors, officials, officers, employees,
agents and volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions. Any
deductibles or self- insured retentions must be declared to and approved by the City.
Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall
reduce or eliminate such deductibles or self- insured retentions as respects the City, its
directors, officials, officers, employees, agents and volunteers; or (2) the Consultant
shall procure a bond guaranteeing payment of losses and related investigation costs,
claims and administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed
with insurers with a current A.M. Best's rating no less than A:VIII, admitted or approved
to do business in California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with complete and accurate copies of current certificates of insurance and
endorsements effecting coverage required by this Agreement on forms satisfactory to
the City. The certificates and endorsements for each insurance policy shall be signed
by a person authorized by that insurer to bind coverage on its behalf, and shall be on
forms provided by the City if requested. Copies of all certificates and endorsements
must be received and approved by the City before work commences. The City reserves
the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.10.9 Safety. Consultant shall execute and maintain its
work so as to avoid injury or damage to any person or property. In carrying out its
Services, the Consultant shall at all times be in compliance with all applicable local,
state and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable
shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
Revised 12/10 LM
6
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang
planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to
prevent accidents or injuries; and (C) adequate facilities for the proper inspection and
maintenance of all safety measures.
3.2.10.10 Material Breach. Lack of insurance does not negate
Consultant's obligations under this Agreement. Maintenance of proper insurance
coverage is a material element of this Agreement and failure to maintain or renew
coverage or to provide evidence of renewal may be treated by the City as a material
breach of the Agreement.
3.3.1 Compensation. Consultant shall receive compensation, including
reimbursements which receive the City's prior written authorization, for all Services
rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and
incorporated herein by reference. The total compensation shall not exceed Fourteen
Thousand Dollars and Zero Cents ($14,000.00) and reimbursable expenses as set
forth in Exhibit "C" without written approval of the City Manager. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City
shall, within forty -five (45) days of receiving such statement, review the statement and
pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed
for any expenses unless prior written authorization is obtained from the City.
3.3.4 Extra Work. At any time during the term of this Agreement, City
may request that Consultant perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without prior written authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
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Agreement. Consultant shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three (3) years from
the date of final payment under this Agreement.
• •
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those services
which have been adequately rendered to City, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms
and in such manner as it may determine appropriate, services similar to those
terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
Consultant: AHBE Landscape Architects
8729 Washington Boulevard
Culver City, CA 90232
Attn: Evan Mather, RLA, ASLA
Principal
City: City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066 -6021
Attn: Jason Kruckeberg, AICP
Assistant City Manager /Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty -
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
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3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non - exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to
agree in writing that City is granted a non - exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard
to Documents & Data which were prepared by design professionals other than
Consultant or provided to Consultant by the City. City shall not be limited in any way in
its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the
Services. Nor shall such materials be disclosed to any person or entity not connected
with the performance of the Services or the Project. Nothing furnished to Consultant
which is otherwise known to Consultant or is generally known, or has become known, to
the related industry shall be deemed confidential. Consultant shall not use City's name
or insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Indemnification.
3.5.5.1 To the fullest extent permitted by law, Consultant shall
defend, indemnify and hold the City, its officials, officers, employees, volunteers and
agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorney's fees and other related costs and expenses.
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Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil
Code Section 2782.8, the above indemnity shall be limited, to the extent required by
Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant shall
defend with Legal Counsel of City's choosing, at Consultant's own cost, expense and
risk, any and all such aforesaid suits, actions or other legal proceedings of every kind
that may be brought or instituted against City, its directors, officials, officers, employees,
agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree
that may be rendered against City or its directors, officials, officers, employees, agents
or volunteers, in any such suit, action or other legal proceeding arising from
Consultant's performance of the Services, the Project or this Agreement; except to the
extent that liability is caused by any negligence or willful misconduct by the City or its
directors, officials, officers, employees, agents or volunteers. Consultant shall
reimburse City and its directors, officials, officers, employees, agents and /or volunteers,
for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its
directors, officials, officers, employees, agents or volunteers and shall take effect
immediately upon execution of this Agreement.
3.5.5.2 The duty to defend and to hold harmless, as set forth
above, shall include the duty to defend as established by Section 2778 of the California
Civil Code, and the duty to defend shall arise upon the making of any claim or demand
against the City, its respective officials, officers, agents, employees and representatives,
notwithstanding that no adjudication of the underlying facts has occurred, and whether
or not Consultant has been named in the claim or lawsuit.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement
of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both Parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.9 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
15.10 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.11 Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
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and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or
intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex, sexual orientation or age. Such non- discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading,
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demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Consultant has all requisite power
and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
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In witness whereof the parties have executed this Professional Services
Agreement on the date set forth below.
Efb:ffi-ifi'1'c- Lazzar6ffto"��-�)
City Manager
Dated: h "N )2012
ATTEST:
It i fy t I 6�k'
01 101 V LTA
Stephen P. Deitsch
City Attorney
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'mod O
Calvin Abe, FASrA
President
Dated: 2012
CONCUR:
It 2 Z
CJ,as6n Kruck6berg Date
Assistant City Manager/
Development Services Director
EXHIBIT *.
iu •: ;
Consultant shall perform the scope of services as outlined below:
The purpose of this phase is to establish the design process, schedule, general budget,
program requirements, and site constraints. It is the Consultants intent that this phase
will be an interactive design process that includes meetings, design pin -ups, conceptual
design discussions, and further definition of the City's needs. Specific tasks include:
1.01 Attend one (1) Orientation /Kick -off meeting with City of Arcadia.
1.02 Photographically document site area.
1.03 Review the station and parking structure design and the site layout.
1.04 Develop three conceptual design plans for the plaza that include, but are not
limited to, the following elements: hardscape, seating, water features,
landscaping, wayfinding signage. The concepts will be illustrated with sections,
elevations, and image board(s) sufficient to describe the design intent.
1.05 Provide recommendations on hardscape materials that are appropriate for
Arcadia's climate requires little maintenance, are energy efficient, of a high
quality and durability, and are aesthetically pleasing.
1.06 Provide recommendations on vegetation that is drought tolerant and aesthetically
pleasing.
1.07 Provide conceptual level cost estimates for each option — including the latest unit
costs for the landscape, hardscape and other construction items.
1.08 Attend one (1) design review meeting with City of Arcadia.
1.09 Revise and finalize conceptual design plans based on City of Arcadia comments.
Project Assumptions and Exclusions
A. Architect shall provide electronic AutoCAD file (DWG format) with final building
footprint. Architect shall also provide an accurate topographic survey including
legal boundaries, spot grades, street and curbs, existing utilities, and adjacent
building.
B. Professional services not included:
• Landscape design beyond preparing the three conceptual landscape plans.
• Structural engineering for landscape features
• Civil Engineering and grading for site
• Exterior lighting design
• Electrical engineering for all site lighting and irrigation power
• Agency processing except as noted above
• Graphic design including ADA signage
• Fountain mechanical engineering (if required)
• Storm water mitigation design and calculations
M
• Waterproofing design and documentation
• Preparation of ADA access diagrams
• Soil testing
• Arborist Report
• Review of plans with local Fire Department agencies
• Preparation of separate Street permit documents
• As-built drawing preparation
• Permit application or Agency meetings
• Community meetings
• Development and production of film/video presentations
A-I
Exhibit
Consultant shall begin work as soon as this contract is executed until June 30, 2012.
ON
Total compensation shall not exceed a lump sum of $14,000 plus reimbursable
expenses as outlined in the fee schedule below:
Phase 1.0 Conceptual Landscape Design $11,250
SKA Design -- Signage Design $ 2,750
TOTAL FEE * $14,000
* Total Fee excludes Reimbursable Expenses
Standard Hourly Rates*
Senior Principal $220
Design Principal $215
Principal $170
Sr. Project Manager, Sr. Project Designer $125
Project Manager, Project Designer $110
Job Captain $105
Landscape Designer $ 90
Landscape Staff $ 75
Administrator /Clerical Staff $ 60
Reimbursable Expenses
Reimbursable expenses include: blueprinting, plotting (bond, vellum, and color), color
laser printing, black and white and color reproduction, photographic film and processing,
long distance phone charges, travel, mileage, parking fees, commercial messenger
charges, overnight delivery, postage and handling. These expenses will be billed at 1.10
times cost. Mileage shall be billed at $0.555 per mile.
IMi