HomeMy WebLinkAboutAgreement for Engineering Services - Freedman, Tung, and Bottomley AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE ARCADIA REDEVELOPMENT AGENCY
AND FREEDMAN, TUNG, AND BOTTOMLEY FOR
DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENTS
FOR
CITY OF ARCADIA DOWNTOWN STREETSCAPE IMPROVEMENTS
This Agreement is made and entered into this 20 day of Sept, 1993 ,
by and between the Arcadia Redevelopment Agency (herein called the
"Agency") , 240 W. Huntington Drive, Arcadia CA 91007 and Freedman;
Tung, and Bottomley, (herein called "Consultant") 47 Kearney
Street, Suite 500, San Francisco, CA 94108-5522 .
WITNESSETH:
WHEREAS, Agency desires to employ Consultant to perform Civil
Engineering design services; and
1
WHEREAS, Consultant has submitted a proposal (attached Exhibit "A"
- dated August 31, 1993) and said proposal has been found to be
satisfactory; and
WHEREAS, Consultant is well qualified by reason of education and
experience to perform such services, and has demonstrated such.
NOW THEREFORE, THE PARTIES HERETO HEREBY MUTUALLY AGREE AND
COVENANT AS FOLLOWS:
1. SCOPE OF SERVICES.
Consultant shall be required to undertake the tasks as fully
described in Exhibit "A" (copy attached) ;
2 . AGENCY ASSURANCE. Agency shall provide at the request of
Consultant, the following:
a) Information generally available from City of Arcadia
("City") and Agency files pertaining to the proposed project
including maps, planning information, civil engineering,
geotechnical, hydrologic, utility, market, shopper, merchant
and/or other relevant surveys or data.
b) Organization and coordination services for City Council,
Redevelopment Agency and any other public meetings and
presentations.
c) Assistance in the evaluation of governmental implications
of proposals or designs.
d) Coordination between Consultant, other City departments,
development/design teams and the Agency.
Freedman, Tung, and Bottomley Agreement
August _, 1993
Page 2
e) Coordination with other related agencies and entities.
f) An Agency representative with respect to the Consultant's
services to be performed under this Agreement. Such person
shall have complete authority to transmit instructions,
receive information, interpret and define the Agency's
policies and decisions with respect to services covered under
the Agreement.
3 . TERMS OF AGREEMENT.
a) The Consultant hereby agrees to undertake duties outlined
in Section 1 above.
b) Consultant shall be available to Agency for general
consultation as necessary on matters relating to the work
outlined in Section 1.
c) No verbal agreement or conversation with any officer,
agent or employee of the City of Arcadia or the Agency,
either before, during or after the execution of this
Agreement shall affect or modify any of the terms or
obligations herein contained, nor shall such verbal
agreement or conversation entitle Consultant to any
additional payment under the terms of this Agreement.
d) Prior to contacting or conferring with Agency General or
Special legal Counsel or any other Agency consultant or
contractor, Consultant shall obtain authorization to do
so from the Assistant City Manager for Economic
Development or his designee.
e) All terms, conditions and provisions hereof shall inure
to and shall bind each of the parties and each of the
respective heirs, executors, successors, administrators
and assigns.
4 . COMPENSATION
As consideration for providing the engineering services
described in Exhibit A and in accordance with the Consultant's
current Schedule of Fees, incorporated herein, AGENCY shall
pay CONSULTANT for services rendered on a time and materials
basis up to a maximum "Not to Exceed" amount of:
TWO HUNDRED SIXTY THOUSAND TWO HUNDRED THIRTY FIVE DOLLARS
(Cost of Service Written in Words)
$260,235. 00
(Written in Figures)
Invoices shall be forwarded on a monthly basis and shall
itemize in detail, according to tasks referred to in Exhibit
"A" , the work performed and cost incurred by the Agency.
Freedman, Tung, and Bottomley Agreement
August _, 1993
Page 3
Any additional work shall not be authorized by Agency until
Consultant provides a written estimate of the cost of such
additional work. Such additional work shall be billed by
Consultant on a time and materials basis as outlined in
Exhibit "A" and set forth above.
5. TERMINATION. The Agency may terminate this Agreement with or
without cause upon seven (7) days written notice to Consultant
at the address specified above. Said noticing period shall be
computed from the date of verified receipt. Should the Agency
terminate this Agreement, Consultant agrees to immediately
discontinue performance and deliver to Agency any work which
has been completed including reports and like material.
Consultant shall receive compensation for the work performed
by Consultant prior to termination. The amount of
compensation shall be proportionate to the actual amount of
work completed in relation to the total compensation amount,
as referred to in Section 4 , above.
6. WORK PRODUCT (AGENCY PRODUCT) . Consultant agrees that all
written materials, engineering drawings, plans, studies,
sketches, specifications, manifests, applications,
correspondence with regulatory agencies and similar materials,
and drawings, photographs, analyses, computer printouts, test
results and reports produced in the performance of this
Agreement by Consultant, or by the Agency are the property of
the Agency. Originals shall be delivered as requested to the
Agency upon completion.
7 . INDEPENDENT CONTRACTOR. Consultant shall perform the services
provided for herein as an independent contractor, and not as
an agent, employee or officer of the City.
8 . ASSIGNMENT - SUBCONTRACTORS. Consultant shall not assign or
subcontract this Agreement or any part thereof or any monies
to become due thereunder without prior written consent by the
Assistant City Manager for Economic Development or a designee.
9. EXTRA SERVICES. If after work commences pursuant to this
Agreement, it becomes apparent that additional work not
originally contemplated as within the scope of this Agreement
may be necessary such as that shown on Exhibit "A", or
otherwise, such services shall be performed, and Contractor
compensated at Contractor's prevailing time and materials rate
schedule as outlined in Exhibit "A" . The Contractor shall
inform the Agency in writing of the need for such additional
work, except in the event of an emergency. No additional work
shall be done without the prior written approval of the Agency
except in the event of an emergency.
10. HOLD HARMLESS/INDEMNIFICATION. Consultant agrees to indemnify
and hold harmless the City of Arcadia, the Agency their
officers, agents and employees from any claims, suits and
Freedman, Tung, and Bottomley Agreement
August _, 1993
Page 4
liabilities for damage to person or property arising out of
Consultant's errors, omissions or negligent acts.
11. INSURANCE. Consultant shall carry comprehensive liability
insurance with combined single limits of at least
$1, 000, 000. 00 naming the Arcadia Redevelopment Agency and the
City of Arcadia as additional insured. Proof of such
insurance in a form and content approved by Agency General
Counsel is a condition precedent to execution of this
Agreement by the Agency.
Proof of worker's compensation coverage as required by State
law and a current City of Arcadia Business License must also
be provided by Consultant.
12. PERFORMANCE STANDARDS. Consultant shall perform consistent
with those professional standards and requirements concomitant
to the necessary performance of the tasks called for in this
agreement and shall be fully responsible for performance
standards of all sub-consultants.
13 . HAZARDOUS MATERIALS. The Consultant and its sub-consultants
shall have no responsibility for the discovery, presence,
handling, removal or disposal of or exposure of persons to
hazardous materials in any form at the Project site, including
but not limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic substances.
This does not preclude the Consultants duty to disclose the
presence of known or suspected hazardous waste, or to preclude
responsibility for hazardous materials on the site caused by
consultant or sub-consultants.
14. RESPONSIBILITY FOR CONSTRUCTION MEANS. The Consultant shall
have no control over or charge of acts or omissions of the
Contractor, Subcontractor, or their agents or employees, or of
any other person performing portions of the Work.
15. GOVERNING LAW AND PROFESSIONAL REGULATION. This Agreement
shall be governed by the law of the State of California.
16. AMENDMENT. This Agreement may be amended from time to time by
written agreement of the parties. Subject to agenda approval
by the Arcadia Redevelopment Agency and approval by Agency
General Counsel as to documentation, Consultant may perform
services for the Agency related to other projects subject to
the terms and conditions of this Agreement and related
amendments that may be required.
Freedman, Tung, and Bottomley Agreement
August _, 1993
Page 5
IN WITNESS HEREOF, such parties have executed this instrument on
the day and year first above mentioned.
APPROVED AS TO FORM: AGENCY
"z-L
By: '�/y By:
Michael H. iller Donald R. Duckworth
Agency General Counsel Executive Director
Date: 9- 2'' < ) Date: . °°13
CONSULTANT:
By: Date:
Michael Freedman
Freedman, Tung, and Bottomley
BY: I r//_' ,.1411 Date:
T:r ence Bot omle ,
/15
Freedman, Tung, a ,d Botto ley
•
FREEDMAN RECER,F,.
T O N G b SEP - 1 1993
D D T T D M L E Y Public Works Dept.
Urban Design & Planning City of Arcadia
District Revitalization
Street & Plaza Design
•
TRANSMITTAL •
VIA FEDEX
DATE: August 31, 1993
TO: Mr. Mohammad Mostahicami
City of Arcadia - Department of Public Works
240 West Huntington Drive
Arcadia, CA 91007
FROM: Greg Tung
•
RE: Downtown Streetscape Improvements - Revised Scope and Proposal
Attached is our revised proposal with budget summary sheet and spreadsheet; photocopies
of all subconsultant proposals; and a project team contact information list. We will also be
forwarding copies of the contact information list to all subconsultants. As you review the
package, please do not hesitate to call us for any questions.
We look forward to receiving the revised contract from you for our examination as soon as
possible, in order to start up the project efficiently. •
i •
47 Kearny Street
Suite 500
San Francisco,CA
94108-5522
415.291.9455
• EXHIBIT "A" Page 1 of 40
FREEDMAN
J U N G•
0
BOTTOMLEY
Urban Design & Planning
Distric.t Revitalization
Street & Plaza Design
CITY OF ARCADIA
DOWNTOWN STREETSCAPE IMPROVEMENTS
DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENTS
SCOPE OF SERVICES
Contents
Project Description Page 1
Work Tasks Page 2
Staffing, Terms and Budget Page 5
Project Description
Freedman Tung & Bottomley and associated subconsultants will provide the City of Arcadia
with Design Development drawings and materials samples and Construction Documents to
implement the design concepts approved as part of the the Downtown Revitalization
Program. Associated subconsultants and costs for their services are listed on page 5. The
street improvements included in the project are as follows:
1) Huntington Drive - widen sidewalks and install new street trees, street lights, cross
walks, traffic signals, kiosks, benches, planters, and other pedestrian amenities from
Santa Anita Avenue to Second Avenue.
2) First Street - reconfigure traffic lanes and striping to accommodate angle parking,
and install new street trees, from California Street to Santa Clara Street.
The Design Development Phase of the project will establish preliminary construction layout,
materials and material colors, catalog items, plant species, design details and a refined
construction cost estimate for the project. The Construction Documents Phase will provide
the City of Arcadia with all drawings and "Special Provisions" specifications needed to
assemble the bid package and solicit bids for the project.
A total of three (3) City staff review meetings with FTB and members of the project team are
• provided — two (2) during the Design Development phase and one (1) during the
Construction Documents phase. Two (2) meetings with the Downtown business community
• 47 Kearny Street
Suite 500
San Francisco,CA
94108-5522
415.291.9455
EXHIBIT "A" Page 2 of 40
Downtown Arcadia Streetscape Improvements
Scope of Services, Page 2
are budgeted, to review construction impacts and obtain recommendations regarding
construction phasing. One (1) presentation to a joint session of the Planning Commission and
City Council to review Design Development phase issues, and attendance at one (1) City
Council meeting for bid award are also budgeted.
The Work Tasks, conditions, and limitations contained in this lj 1'13 Scope of Services apply to
the portion of the work to be performed by FTB. Work Tasks, conditions, and limitations
associated with work to be performed by associated subconsultants follow and are contained
within this package.
Work Tasks
PHASE I. DESIGN DEVELOPMENT
The Design Development phase will finalize designs and materials for City approval prior to
preparation of Construction Documents.
Task 1: Subconsultant Coordination (4 meetings). Review the City-approved design
concept with the engineer(s), structural, horticultural, lighting, and electrical subconsultants.
Establish initial schedules, coordination process, and budgets.
Task 2: Staff Orientation Meeting. Meet with City Staff working group to refine project
description, set up project administration process, to coordinate with City survey and
associated engineering projects, and to define start-up tasks.
Task 3: Base Map Coordination. Based on Y113 and City staff direction, oversee boundaries
of surveys by civil engineer and scale, content, and format of base maps. Base maps will
indicate surface, underground, and overhead conditions as needed based on City-supplied
support information.
Task 4: Final Check of Design Concept.
A. City Council Study Session. Review current design for custom streetlight (located in
center median along Huntington Drive) and signal mast-arm; record Council
direction re: redesign.
B. Modify street furniture design as directed by Council. Prepare sketch(es) of
redesigned street furniture; FAX to City Staff for approval.
Task 5: Field/Design Check. Review size, height and/or spacing of project design features
and project area conditions on-site. Model and/or modify design concepts as appropriate to
reflect field conditions.
EXHIBIT "A" Page 3 of 40
Downtown Arcadia Streetscape Improvements
•
Scope of Services, Page 3
Task 6: Business Community Meetings (2). Attend and assist civil engineer with meetings
to review potential construction phase impacts and develop consensus recommendations
regarding construction phasing.
Task 7: Prepare Preliminary Street Design Layout Plans.
A. Review survey and utility plans and prepare plans for Huntington Drive, indicating
location of architectural streetscape features, plant materials, and paving surface.
B. Prepare plans for First Street, indicating location of angle parking and street trees..
C. Prepare typical sidewalk paving plan detail.
D. Review preliminary layout plans with engineer(s) for consistency with surveys and
utility and traffic conditions.
E. Modify preliminary layout plans per engineer(s) if needed.
Task 8: Prepare Preliminary Elevation, Plan, and Design Details for Architectural
Streetscape Features.Prepare details for the schematic design drawings for the following
architectural features:
A. Huntington Drive column lights.
B. Huntington Drive traffic signal mast arms.
C. Huntington Drive kiosks, including graphic art panels (2).
D. Huntington Drive fence.
Task 9: Coordinate Preliminary Structural Designs. For items 7.A., 7.B. and/or 7.C. as
needed.
Task 10: Obtain and Review Preliminary Materials Samples and Catalog Cuts. Compile
paving, metal, bench, planter, plants, lighting and/or other samples and catalog cuts as
appropriate for City review.
Task 11: Subconsultants Work Product Reviews and Modifications. Meetings, phone,
and/or FAX to review preliminary plans and details for consistency with subconsultant
requirements. Modify drawings as needed.
Task 12: Coordinate Preliminary Cost Estimate. Submit preliminary plans and details to cost
estimator; obtain revised construction cost estimate.
Task 13: Compile and Submit Design Development Package to City. Compile all plans,
elevations, details, and catalog cuts for review, including preliminary civil plans,
traffic/restriping plans, structural plans, electrical/lighting plans, and landscape plans.
• EXHIBIT "A" Page 4 of 40
Downtown Arcadia Streetscape'Improvements
Scope of Services, Page 4
Task 14: Meet with City Staff to Review Design Development Package. Note modifications.
Task 15: Design Development Progress Report to Planning Commission/City Council. Use
slides and color illustrations to present detailed design concepts for review, and comment.
Record comments and direction re: modifications.
EXHIBIT "A" Page 5 of 40
Downtown Arcadia Streetscape Improvements
Scope of Services, Page 5
PHASE II. CONSTRUCTION DOCUMENTS
Task 1: Review Modified/Additional Design Details. Review additional details with civil
engineer and/or other subconsultants to clarify design intent per City staff comment and/or
as needed in coordination with other subconsultants.
Task 2: Prepare Architectural Features Construction Drawings. Coordinate layout and
footing plans, structural plans, construction details and specifications associated with column
streetlight, traffic signal mast arms, and kiosks. Note:Camera-ready graphic art panels (2) for
the kiosks are included, however reproduction of these items may be bid separately.
Task 3: Prepare Landscape Architectural Construction Drawings. Prepare layout plans and
construction details for paving surfaces, planting areas, benches, and planters:
A. Layout plans and plan/paving details.
•
B. Benches and fences.
C. Plant materials details and species selection(s).
Task 4: Finalize Color/Finish Samples. Assemble final samples per City staff direction.
Task 5: Coordinate Draft Specifications. Specifications prepared by the HB project team
will,be prepared as "Special Provisions" for incorporation by City in City's Standard
Specifications.
Task 6: Submit 90% Construction Documents Package. F1•8 will review and compile all
modified layout plans, structural plans, civil plans, electrical/lighting plans, landscape plans,
irrigation plans, design and construction details, and draft specifications and submit to the
City of Arcadia staff for review.
Task 7: Meet with City to Review 90% Package. Note modifications.
Task 8: Finalize Plans, Elevations, Sections, and Other Details. Per staff comments.
Task 9: Coordinate Final Specifications.
Task 10: Coordinate Summary of Probable Cost. Submit plans,details and special
provisions specifications to cost estimator; obtain final construction cost estimate prior to
project bidding.
Task 11: Submit 100% Construction Documents Package. Compile revised plans, details,
specifications, and final cost estimate as appropriate and submit to City for reproduction and
inclusion in bid package.
EXHIBIT "A" Page 6 of 40
Downtown Arcadia Streetscape Improvements
Scope of Services, Page 6
Task 12: Bid Period Services. Up to 40 FTB hours are budgeted to clarify and respond to
bidders questions via phone and FAX in coordination with City staff and to prepare
supplemental addenda information per City format.
Task 13: Attend City Council Bid Award Hearing. Respond to Council and/or staff
questions if needed.
Staffing, Terms and Budget
Staffing:Michael Freedman of FIB will be the Principal-in-Charge, directing design
development and coordinating subconsultants and the preparation of architectural and
landscape architectural construction drawings. Gregory Tung and Terence Bottomley will
participate in aspects of the project as appropriate. Anne Burns, Associate, will assist in all
aspects and assist in coordination of day-to-day work tasks.
Terms:This is a time and materials project with a guaranteed maximum fee for completion of
all tasks detailed in the Scope of Services. The items listed below are excluded from this
Scope of Services:
•
1. Coordination with State Agencies
2. Compilation of City Standard Specifications and bid package.
3. Printing of bid sets.
4. Verification of the location of underground utilities and/or other subsurface
features.
5. Post-bid services, including review of shop drawings and site and fabricator visits.
6. Any and all work tasks not specified herein.
Budget:Our estimate to complete the project is $260,235. Costs by firm are summarized
below. Project administration costs include insurance coverage and additional coordination
and work product review associated with subconsultants. Project costs include such items as
photography, telephone, blueprinting, and photo-reproduction. Cost estimates for individual
1~1•t3 work tasks are provided on the enclosed spreadsheet. These estimates illustrate the
relative proportion of costs that each task is likely to require, however they are not a basis
for task-by-task contracting or invoicing.
Cost Summary:
Freedman Tung & Bottomley - Architectural/Landscape Architectural Design $105,560
ASL Associates - Civil Engineering, Traffic Engineering, Electrical . $ 72,575
Engineering, Surveying, Geotechnical Services
Sierra Engineering Group - Structural Engineering $ 6,000
Luminae Souter - Lighting Design $ 7,800
Advanced Resources in Construction Services, Ltd. - Cost Estimating $ 6,300
T.I. Maloney, Inc. - Irrigation Design $ 4,000
EXHIBIT "A" Page 7 of 40
•
Downtown Arcadia Streetscape Improvements
Scope of Services, Page 7
Jim Bridges - Horticultural Services $ 3,070
Graphic Design (allowance for kiosk camera-ready art) $ 10,000
Construction Specifications (allowance) $ 8,500
Total Professional Services $223,805
Project Administration $ 8,952
Miscellaneous Project Consulting $ 13,428
Project Costs $ 14,050
Total Project Cost not to Exceed $260,235
Additional Meetings, Workshops & Tasks Q TIME +
MATERIALS
® EXHIBIT "A" Page 8 of 40
City: Arcadia
Project: Downtown Improvements
Date:
31-Aug-93 Principal Sr Assoc Architect Design/Draft Misc Staff Total Total Subconsult Services
Tasks: FIB Only Hrs $130 Hrs $80 Hrs $80 Hrs $60 Hrs $0 Hrs Cost Total(Na) Total
City: Arcadia
Project: Downtown Improvements
Date: 31 Aug 93• Prinapal Sr Assoc Architect Design/Draft Misc Staff Total Total Subconsult Services
Tasks: FTB Only Hrs $130 Hrs $80 His $80 Hrs $60 Hrs $0 Hrs Cost Total(Na) Total
Phase I Design Development
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Subtotal 154 $20,020 196 $15,680 238 $19,040 346 $20,760 0 $0 770 $75,500 $0 $75,500
'b Phase II Construction Documents
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:.::.:.::.:::::::::A:Layout.Plans:and:Details::::;:.;;:.:.:::4.:......$520.:::::.....204.....$1.920.:.::::......P............$0. ....40..$2,400 ...... 0 68 $4840 ...... $0 ...... $4.840
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. ASL Consulting Engineers
P0.Box 780.Arcadia 91066
55 E.Huntington Drive,Suite 200
Arcadia,California 91006
818/447-4494
August 26, 1993 Via Fax 415/291-9633
and U.S. Mail
Freedman, Tung & Bottomley
47 Kearny Street, Suite 500
• San Francisco, CA 94108-5522
Attention: Mr. Michael Freedman •
Reference: Civil Services for Huntington Drive and
First Avenue Improvements
City of Arcadia, California
Gentlemen:
ASL Consulting Engineers is pleased to provide this proposal for the above
referenced project. The downtown district of. Arcadia has long been in need of
enhancement and we are excited to lend our expertise to a project so close to-home.
Under a separate proposal to the City of Arcadia, ASL has provided field survey and
base mapping in support of the proposed FTB team streetscape improvement
design. Also, ASL has provided the City with a separate proposal for A.C. overlay
design and striping for-Huntington Drive from Santa Anita east to the City boundary
at Fifth Avenue.
SCOPE OF SERVICES
The following scope of services was prepared with these thoughts in mind, materials
provided by Mr. Greg Tung of your office, a series of consultations with both City and
County agencies and is a result of revisions to our letter proposals dated July 29 and
August 24, 1993.
TASK 1.0 - CIVIL IMPROVEMENT PLANS
1.1 Intersection Geometry - Transportation Planning
Prepare geometry diagrams for the intersections of Santa Anita, First Street,
and Second Avenue to evaluate curb return radius requirements,
acceleration/deceleration lanes, bus turnouts, and right turn pockets. This
work will be performed by an ASL registered traffic engineer and the results
reviewed with the City of Arcadia Traffic Engineering Department. Traffic
Arcadia
Corporate Office Irvine • Palm Springs Camarillo San Diego
818/447-4494 714/727-7099 619/320-4220 805/388-2344 619/673-5505
Fax 818/447-4543 Fax 714/727-7097 Fax 619/320-3580 Fax 805/388-3082 Fax 519/1173 5550
EXHIBIT "A" Page 11 of 40
ASL Consulting Engineers
Freedman, Tung & Bottomley
August 26, 1993
Page 2
volumes, travel lane requirements, turn pocket lengths, proposed signal
placement, and signal phasing will also be addressed during this schematic
phase.
Task 1.1 Total - $6,000.00
1.2 Street Improvement Plans
20-scale 24" x 36" plan and profile street improvement plans will be prepared
for Huntington Drive, from the survey base sheets, including:
1 Title Sheet
6 Plan and Profile Sheets
1-2 Detail Sheets
• 20-scale 24"x 36" plan only street improvement plans will be prepared for First
Avenue, from the survey base sheets. These plans will detail the limits of
slurry seal and the addition of raised curb planting areas within the street.
The design will not interfere with existing drainage patterns and, as such, no
elevations will be shown. The design will include:
4-5 Additional plan only sheets
Street improvement plans to show typical sections, details, underground
utilities from both survey and record drawings, plan and profile of existing and
proposed work (profile along Huntington only) and construction notes that
refer to both civil and architectural details.
Task 1.2 Total - $14,000.00
1.3 Signal Plans
Signal plans will be prepared at 20-scale showing:
1. The modification of three existing signalized intersections along
Huntington Drive at Santa Anita, First Avenue and Second Avenue,
respectively.
EXHIBIT "A" Page 12 of 40
ASL Consulting Engineers
Freedman, Tung & Bottomley
August 26, 1993
Page 3
2. Four new "Pedestrian Only" mid-block signals.
Signal interconnect plans will be prepared at 40-scale detailing the signal
timing to the City of Arcadia's satisfaction.
Specifications, estimates, utility checks, power connection research and
controller locations will be included as a part of this work.
Task 1.3 Total - $18,800.00
1.4 Striping Plans
Striping plans will be prepared at 40-scale for First Avenue, as follows:
2 Plan Sheets
Task 1.4 Total - $3,000.00
1.5 Electrical/Lighting Plans
We are augmenting our services with the .electrical engineering firm of
Eggett & Helin. Their services will include the preparation of lighting
demolition plans and lighting power construction plans. Plans will provide
power to new street lights, pedestrian lights, landscape lighting, and kiosk
locations per Freedman,Tung & Bottomley's direction. Input on specifications
and estimates will be compiled into ASL's package. Research and coordinate
utilities, including street light power and power to new and modified signals.
Coordination of special light standard details with Freedman, Tung &
Bottomley. This task includes no post-design services.
Task 1.5 Total - $11,500.00
1.6 Storm Drain Plans
Preparation of plan and profile sheets showing modifications to existing storm
drain laterals and the construction of new catch basins along Huntington Drive
to replace existing catch basins made useless by new curb alignments
includes:
EXHIBIT "A" Page 13 of 40
ASL Consulting Engineers
Freedman, Tung & Bottomley
August 26, 1993
Page 4
1 Title Sheet
2 Plan and Profile Sheets
1 Detail Sheet
Includes processing through County of Los Angeles to. approval.
Task 1.6 Total - $8,200.00
Total Tasks 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 - $61,500.00
TASK 2.0 - PROJECT MANAGEMENT
ASL will provide overall project management for civil design and coordinate all
activities of the subconsultants on our team. The project manager will be the
designated point of contact for the project team. The project manager will:
1. Act as the major point of contact for the team and provide all project interface
to Freedman, Tung, and Bottomley, the City of Arcadia, County of Los
Angeles, and utility companies.
2. Coordinate the activities of the civil team members and attend project team
meetings (4 team meetings in the Los Angeles area are included).
3. Distribute all reports, maps, drawings, exhibits, and other project
correspondence.
4. Submit all civil drawings and specifications and process to agencies for
approval.
.5. Prepare 2 to 3 alternative construction approaches focusing on downtown
business accessibility during construction and associated impacts on both
cost and schedule.
6. Coordinate and attend 2-3 meetings with local businesses to present
alternatives and associated impacts. Coordination with City and Freedman,
Tung & Bottomley included.
EXHIBIT "A" Page 14 of 40 .
ASL Consulting Engineers
Freedman, Tung & Bottomley
August 26, 1993
Page 5
7. Meet with City Traffic Engineer to confirm intersection geometry, lane widths,
signal placement and signal timing.
8. Prepare final construction schedule based upon chosen alternative.
Total Task 2.0 - $8,200.00
TASK 3.0 - GEOTECHNICAL SERVICES
We are augmenting our services for geotechnical work with Converse Consultants
West.
Prepare a soils investigation report in support of structural design of signal, lighting
and kiosk foundations. This report will be based upon analyses of test samples from
five foot deep core samples in at least three locations along Huntington Drive.
Total Task 3.0 - $2,875.00
COMPENSATION AND CONDITIONS
The scope of services as outlined in Tasks 1.0, 2.0 and 3.0 above will be performed
for a lump sum of $72,575.00. This proposal does not include fees required by the
city, utility agencies, or other government agencies (filing, checking, permits,
inspection, etc.) and all other charges not specifically covered by the terms of this
proposal. Additional services, if authorized, will be provided per the attached 1993
Hourly Charge Rate and Expense Reimbursement Schedule, Exhibit "A", or per a
mutually agreed upon fee.
Our services will be performed in accordance with the Standard Conditions of
Service, Exhibit "B", also attached. We will be billing generally on a monthly basis
with billing amounts based upon a percentage of task completion. If the foregoing
is acceptable, please sign one copy of this letter, initial the attached Exhibit "B",
complete Exhibit "C", and return all to our office. The signed letter and its
attachments will then serve as our authorization to proceed.. The second copy is for
your records.
EXHIBIT "A" Page 15 of 40 .
ASL Consulting Engineers
Freedman, Tung & Bottomley
August 26, 1993
Page 6
Thank you for allowing us the opportunity to serve you. Should you have questions
or require additio I information, please contact our office.
Sincerely,
‘P'
. ) ..,,,cm,,,
Douglas Th mps n C ary\ . Ba : , Associate
Senior Designer D: :to•m- 9 ivision Manager
DLT:wls
P.023/8901 _
Attachments
CLIENT AUTHORIZATION •
Authorized Signature Date
Name (Please Print) PO/Billing Reference No.
Title
•
EXHIBIT "A" Page 16 of 40
ASL Consulting Engineers
EXHIBIT "A"
1993
HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE
Principal $ 124.00
Sr. Managing Engineer/Sr. Project Manager $ 116.00
Managing Engineer/Project Manager $107.00
Project Engineer/Project Coordinator $ 98.00
Senior Engineer $ 88.00
Engineer III $ 80.00
Engineer II $ 74.00
Engineer I $ 67.00
Senior Designer $ 77.00
Designer $ 67.00
Designer-Draftsperson $ 62.00
Draftsperson $ 58.00
Junior Engineer/Junior Draftsperson $ 48.00
CAD Operator $ 70.00
Senior Construction Inspector $ 60.00
Construction Inspector $ 56.00 _
Word Processor $ 42.00
Technician $ 34.00
Two-Man Survey Party $ 147.00
• Three-Man Survey Party $ 192.00
Survey Travel Time (Two-man) $ 87.00
Survey Travel Time (Three-man) $ 105.00
Reproduction, special photography, printing and any other services performed by
subcontractor, subject to prior approval by the Client, will be billed at cost plus 15%.
Reimbursable In-House Costs:
Photo Copies $ 0.25/Each
Blueprints $ 0.35/S.F.
Postage, Delivery Service, Express Mail At Cost
Out of Area Telephone Calls At Cost
Computer Time $25.00/Hour
Vehicle Mileage, between engineer's office and project site and/or client offices, will
be billed at $0.35 per mile.
Court Appearances, Expert Witness Testimony,
Depositions, and Preparation for Testimony $240.00*
*Minimum $960.00 for. half day plus expenses.
NOTE: All rates are effective to January 1, 1994. There will be a negotiated increase
in rates, 5% minimum per year, for contracts extending beyond January 1, 1994.
1/93
EXHIBIT "A" Page 17 of 40
s
ASL Consulting Engineers
EXHIBIT"B"-STANDARD CONDITIONS OF SERVICE
• APPLICABILITY
In the absence of any formal agreement between Client and ASL Consultants, Inc. (ASL),the following standard conditions
shall govern the professional services provided by ASL The standard conditions apply to all letter proposal-agreements and
any contracts incorporating same.
STANDARD OF CARE
Professional services performed by ASL under this agteement will be conducted in a manner consistent with the level of care
and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty,
express or implied,is made.
All field condition data obtained during the investigation phase and/or design phase are subject to confirmation of conditions
encountered before or during construction. Underground utilities,connections to utilities,potential underground obstructions
shall be exposed to verify their horizontal as well as vertical positions before proceeding with construction to allow for
adjustments.
INFORMATION SUPPLIED BY CLIENT
Client warrants the accuracy of any information supplied by it to ASL,acknowledges that ASL will not verify the accuracy of
such information, and agrees that ASL is entitled to rely upon any such information. Client agrees to pay ASL any fees
necessary for revision of work required as a result of errors or omissions In information supplied by Client.
Client shall defend,indemnify and save harmless ASL,its officers,agents and employees from and against any and all claims,
costs, suits and damages, including attorney's fees, arising out of errors, omissions and inaccuracies In documents and
information provided to ASL by Client.
INSURANCE
ASL represents and warrants that it,Its agents,and staff employed by it are protected by workers'compensation insurance
and that ASL has coverage under public liability and property damage insurance policies with an aggregate limit of$1,000,000
per occurrence. Costs of special insurance required by the Client Including,but not limited to,an increase in policy limits and
naming additional insured parties on policies of ASL will be charged at cost plus 10%. Certificates for all such policies of
insurance will be provided to Client upon written request.
Within the limits and conditions of such Insurance,ASL agrees to indemnify and save Client harmless from and against any
loss,damage,or liability arising from any negligent act by ASL,Its agents and staff. ASL shall not be responsible for any loss,
damage or liability arising from any acts by Client,Its agents,staff,and other consultants employed by It.
LIMITATION OF LIABILITY
The Client agrees to limit ASL's liability to the Client,owner and all construction contractors and subcontractors on the project
arising from ASL's negligent professional acts,errors or omissions,such that the total aggregate liability of ASL to all those
named shall not exceed $50,000 or ASL's total fee for the services rendered on this project,whichever Is less. The Client
further agrees to require the Contractor and his subcontractors to execute an identical limitation of ASL's liability for damages
suffered by the negligent professional acts,errors or omissions. All claims,disputes,and controversies arising out of or in
relation to the performance,interpretation,application,or enforcement of this agreement,Including but not limited to breach
thereof,shall be referred to mediation under the then current Construction Industry Mediation Rules of the American Arbitration
Association prior to any recourse to arbitration or a Judicial forum.
INCREASING THE LIABILITY LIMIT
If the Client requests to Increase the professional liability Insurance limit,ASL will charge for such coverage according to the
following schedule for each project,but not less than$300.
[Client's [Client's
Initials] Initials]
Increase limit to: $250,000—4%of the fee $ 750,000—8%of the fee
$500,000 6%of the fee $1,000,000—10%of the fee
INVOICES
ASL will submit invoices to Client as stated in the proposal or periodically and a final Invoice upon completion of our services.
Payment is due upon presentation of invoice and is past due thirty(30)days from invoice date. Client agrees to pay a finance
charge of one and one-half percent(1-1/2%)per month,or the maximum rate allowed by law,on past due accounts.
In the event an invoice is not paid when due,ASL has the right to elect to Immediately discontinue services under its contract
with Client. In so discontinuing such services,ASL shall not be responsible for any resulting delay in Client's project or losses,
direct,consequential or otherwise,arising therefrom.
In the event that a dispute should arise relating to the collection of fees,and should these actions result in litigation,it is agreed
that the prevailing party shall be entitled to recover all reasonable costs Incurred in the defense or enforcement of the claim
including staff time,court costs,attorney fees,and other claim-related expenses.
EXHIBIT "A" Page 18 of 40
PROJECT SIGNS
ASL's contribution to any project shall be recognized by the addition of the firm name on any project sign. In the absence
of a project sign,ASL shall be permitted to prominently display its own sign on the project site.
CONSTRUCTION COST ESTIMATE
If preparing a construction cost estimate is within ASL's scope of work,ASL will make Its best effort in preparing a probable
cost of construction for the project. However,ASL does not guarantee the accuracy of the construction cost.
CONTINGENCY BUDGET
Owner agrees to provide a minimum budgeted contingency reserve of 4%of the bid price in the project budget to cover
omissions related to the Project Plans and Specifications. Such omissions include drawing discrepancies,missing details or ,
dimension conflict, gap in Specifications, coordination discrepancy and Building Code violation that are discovered and
corrected during construction.
EXISTING,CONCEALED AND UNKNOWN CONDITIONS
In projects which involve working with or around existing conditions or structures,ASL will exert professional efforts In obtaining
complete and accurate Information in regard to the quantity,type and location of concealed conditions, and unknown and
buried elements such as utilities and appurtenances. The Client recognizes that ASL is entitled to,and expected to rely upon
Information provided by others; therefore ASL cannot, and does not, warrant the completeness and accuracy of such
information or ASL's documents to the extent that they are based on such unknown or concealed conditions or information
provided by others. In addition,the Client agrees to Include within the construction project budget a contingency item equal
to a minimum of ten percent (10%) of the total bid price for additional costs resulting from concealed, unknown and
unanticipated discoveries during construction.
DISCOVERY OF HAZARDOUS MATERIALS
Since hazardous materials may exist within the project area,ASL and the Client agree that the discovery of such materials
constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. It Is also agreed
that the discovery,of hazardous materials may require Immediate measures to protect human health and safety as well as
protection of the environment. The Client agrees to compensate ASL on a time and materials basis for the additional cost of
such work. In addition,the Client waives any claim against ASL and agrees to indemnify,defend and hold ASL harmless from "
any claim or liability for Injury or loss arising from the encounter of hazardous materials and to compensate ASL for time and
expense Incurred in defense of any such claim based on the prevailing fee and expense reimbursement schedule.
JOBSITE SAFETY
ASL is not responsible for jobsite safety. ASL will not direct, supervise or lay out the work of the Client, contractor,or any
subcontractor. ASL's services will not Include a review or evaluation of the adequacy of the contractor's safety measures on
or near the site. ASL shall be responsible for Its activity and that of its employees on the site. This shall not be construed to
relieve the Client, its general contractor, or any subcontractor of their obligation to maintain a safe jobsite. Neither the
professional activities nor the presence of ASL or its employees and subcontractors shall be, understood to control the
operations of others, nor shall it be construed to be an acceptance of the responsibility for jobsite safety.
Client agrees to include in the owner contract agreement a paragraph whereby the contractor acknowledges responsibility for
the jobsite safety and acknowledges that ASL will not have such responsibility and that if ASL is sued by one of the contractor
or subcontractor's employees, or anyone else, that the contractor will indemnify, defend and hold ASL Consultants, Inc.
harmless of any and all such claims.
TERMINATION OF SERVICES
Client may terminate ASL's services by notifying in writing. Should ASL's services be terminated by Client for any reason,all
fees for completed work shall be Immediately due and payable. Fees for partially completed work shall be based on ASL's
current hourly rate schedule, Exhibit A.
OWNERSHIP OF WORK PRODUCT
All reports, design drawings, field data and notes, laboratory test data, calculations, estimates, CADD files, and other
documents prepared by ASL,as Instruments of service,shall become property of the Client when ASL Is fully compensated
for its services. Reproducible copies of project documents will be provided to the Client when requested. Reproduction costs
are considered extra to the fee for services provided.
Re-use of any of the instruments of service of ASL by the Client on extensions of this project or any other project shall not be
permitted without prior written authorization of ASL. If plans,documents,or CADD files are revised or re-used without ASL's
permission,it will be at Clients's risk and Client agrees to defend,indemnify and hold harmless ASL from all claims,damages,
and expenses including attorney's fees arising out of such unauthorized re-use of the Instruments of service by the Client or
by others acting through the Client,and further agrees to pay ASL an agreed upon fee for the re-use of said Instruments of
service. Client agrees that all reports and other work furnished to the Client or its agents, which are not paid for,will be
returned upon demand and will not be used by the Client for any purposes whatsoever.
VALIDITY
If any term,condition or covenant of this agreement is held by a court of competent Jurisdiction to be Invalid,void or unen-
forceable,the remaining provisions of this agreement shall be valid and binding.
CLIENT'S INITIALS
stdcon 11/91 DATE
EXHIBIT "A" Page 19 of 40
ASL Consulting Engineers
ASL CONSULTING ENGINEERS
EXHIBIT'C'
CUENT INFORMATION SHEET
Client Name:
Person Authorized to
Contract Work:
Property Owner:
Name
Address
City, State, Zip
Telephone
Project Address:
How will project be funded?
(construction loan, government funding, etc.)
Funding Source:
Name
Address
City, State, Zip
Bank Reference:
Bank
Bank Officer and Phone Number
Bank Address
Credit Reference:
Name
Address
City, State, Zip
Telephone
NOTE: In compliance with the California Civil Code, Section 3097, ASL Consulting Engineers will be
filing a "Preliminary 20-day Notice'with the property owner and construction lender.
•
EXHIBIT "A" Page 20, of 40
SIERRA ENGINEERING GROUP
33782 SYRACUSE AVENUE UNION CITY CALIFORNIA 94587 Tel. 510-487-9192
July 26, 1993
Freedman, Tung and Bottomley
47 Kearny St. Suite 500
San Francisco, Ca. 94108-5522
Attn. : Terry Bottomley
Re. : Structural Engineering Services
Arcadia Downtown Improvements
Gentlemen:
The following is our proposal to provide structural engineering
services for the subject project.
We understand the project will consist of the following structures:
a. One Directory Kiosk.
b. Two Median Streetlights.
c. Traffic Signal Structure.
It is anticipated that these structures will generally be metal
fabrications attached to structural steel and supported on poured
in place concrete foundation. It is also assumed that underground
utility information as well as soil design parameters will be
available prior to the foundation design.
The scope of services is as follows:
Design Development Phase:
1. Attend two coordination meetings.
2 . Make one site visit to view existing conditions.
3 . Perform preliminary structural calculations .
4 . Assist Architect with preliminary detailing and
information az required Lhrouyhout this phase.
Construction Document Phase:
1. Attend one coordination meeting.
2 . Provide structural calculations for all structures.
3 . Provide structural details as required for each of the
structure types.
4. Provide structural details for each of the structure
foundations as required to accommodate existing
underground utilities.
5. Provide structural specifications as special
provisions to the " Standard Specifications for Public
Works Construction ", 1991 Edition.
6. Respond to plan check comments by the City of Arcadia
as necessary to obtain building permit.
EXHIBIT "A" Page 21 of 40
Page two
We propose to perform the scope of services outlined above for a
fixed fee as follows:
Design Development Phase: $2000 . 00
Construction Document Phase: $4000 . 00
Total Fee: $6000 . 00
Please note that construction administration services such as
review of shop drawings, field visits and review of any changes are
not included in this fee and will be charged separately.
We look forward to working with you on this project. If you have
any further questions in this regard, please do not hesitate to
call7t your earliest convenience.
Sincefe1y,
I
Jesus F. Sierra, S.E.
EXHIBIT "A" Page 22 of 40
LIGHTING DESIGN SERVICES
FOR IMPROVEMENTS TO
DOWNTOWN ARCADIA
PRESENTED TO
FREEDMAN TUNG & BOTTEMLEY
B Y
LUMINIE • SOUTER
L I G H T I N G D E S I G N
1 7 4 0 A R M Y S T R E E T
S AN. F R A N C I S C O ,
C A 9 4 1 2 3
PHONE - 415/ 285-2622
FAX - 415/ 285-5718
EXHIBIT "A" Page 23 of 40
J ■
• LUMINAE • SOUTER
L I G H T I N G D E S I G N
I. Project Description:
This proposal is for lighting design services in downtown Arcadia.
II. Role of Luminae Souter Lighting Design:
Luminae Souter will serve as designer and consultant for all lighting systems as
they relate to the scope of work listed below. We will provide aesthetic and
technical advice, recommending lighting and lighting related equipment, and
perform construction observation of the project.
We will also perform all electrical engineering functions for the Kiosk.
Lighting design will be provided for the following areas:
• Pedestrian areas
• The roadway (including custom traffic signal)
• The kiosk
III. Scope Of Services To Be Provided:
Services will be provided in the following sequential phases:
1. Conceptual I Schematics Phase: •
This Phase will include meeting with the design team to develop the design
criteria for the project. After the design criteria (aesthetic, budgetary and
scheduling) is established, design concepts and general lighting requirements
will be developed. The documentation produced in this phase will be
sufficient for transmitting information about the design concepts / schematics
for approval.
Luminae Souter will provide the following in the conceptual I schematics
phase:
❑ Develop design concept(s) - graphical depiction
❑ Preliminary sketch lighting plan
❑Preliminary fixture and equipment schedules
❑ Preliminary fixture cut sheet package
❑ Preliminary load schedule and control schedule (Kiosk only)
❑Preliminary budget estimate
❑ Three meetings
7/27/93 Freedman Tung&Bottemley-Arcadia Downtown Improvements Page 1
EXHIBIT "A" Page 24 of 40
LUMINAE • SOUTER
L I G H T I N G . D E S I G N N
Scope of Services To Be Provided: (cont.)
2. Design Development Phase:
After approval of schematic design, we will proceed with the design
development phase and will incorporate Freedman Tung & Bottemley's final
design changes before proceeding to working drawings.
Luminae Souter will provide the following in the design development phase:
❑Final fixture and equipment schedules
❑ Final fixture cut sheet package
❑ Final lighting design plan with symbols, tags and intent for switching .
❑ Detailing of special / unusual mounting situations
❑ CSI format specification
❑ Final load and control schedule
❑One meeting
3. Working Drawings Phase:
Luminae Souter will review architectural and electrical engineer drawings
and details for compliance with design intent for all areas except the kiosk.
With respect to the kiosk, Luminae Souter will develop complete working
drawings.
Luminae Souter will provide the following in the working drawings phase:
❑Evidence of Title 24 compliance
❑ Electrical engineering drawings for the kiosk
❑Two meetings
4. Construction Observation Phase:
Luminae Souter will interpret and advise on lighting-related issues
throughout the construction administration phase
Luminae Souter will provide the following in the construction observation
phase:
❑ Submittal review of the lighting and lighting-control equipment we specify
❑Provide answers to questions that arise throughout bidding and construction via telephone
❑ Two field visits
•
7/27/93 Freedman Tung&Bottemley-Arcadia Downtown Improvements Page 2
EXHIBIT "A" Page 25 of 40
•
LUMINAE • S OUTER
L I G H T I N. G D E S I G N
IV. Fee and Payment Schedule:
The fee for the lighting design services listed above is $7,800. This will be on a
lump sum basis and is broken down in the following manner:
Phase Amount
1. Conceptual / Schematics Phase $1,800
2. Design Development Phase $2,400
3. Working Drawings Phase $2,800
4. Construction Observation Phase $ 800
Total $7,800
Enclosed with this package is a Project Authorization we are asking you to sign and
return. We will begin work immediately when we receive it. The terms of this
proposal are valid for 30 days after receipt of proposal.
V. Expense Reimbursement:
• We will be reimbursed at 1.15 times the direct cost of expenses incurred in
connection with this project, including auto mileage, air travel and subsistence, long
distance telephone calls, reprography, delivery and similar expenses.
For information regarding additional services and changes, please see the following
page.
•
•
7/27/93 Freedman Tung&Bottemley-Arcadia Downtown Improvements Page 3
EXHIBIT "A" Page 26 of 40
c .
LUMINAE • SOUTER•
L I G E TIN G D E S I G N
VI. Recommended Additional Services:
Luminae Souter is pleased to offer the following additional services which are not
included in our basic scope of services detailed on pages one and two. If additional
services are required beyond those listed, additional fees will be required. This
includes any phase undertaken out of the specified sequence or any re-design due to
changes beyond the scope of services offered.
Mock-Up
After approval of schematic design, we offer Freedman Tung & Bottemley the
option of a mock-up of the concepts discussed in Phase 1 to evaluate and
assess their impact. We will identify and order the lighting equipment to be
mocked-up, schedule a convenient date, and arrange for its installation.
Title 24 Calculations
Luminae Souter can provide Freedman Tung & Bottemley with all Title 24
calculations as they relate to lighting.
•
•
•
7/27/93 Freedman Tung&Bottemley-Arcadia Downtown Improvements Page 4
EXHIBIT "A" Page 27 of 40
I ► 1 • 1 •
c- ' .» >j3. 1; D E S t. G
PROJECT AUTHORIZATION
Date: July 27, 1993 Project No.
PROJECT NAME: DOWNTOWN ARCADIA
CLIENT: FREEDMAN TUNG & BOTTEMLEY
ADDRESS: 47 KEARNY STREET
SAN FRANCISCO, CA 94108
PHONE: (415)291-9455
Luminae Souter is pleased to be retained on this project to perform the services as outlined below. Work by Luminae
Souter may commence upon receipt of a signed copy of this agreement by our office and any retainer fee, if applicable.
SCOPE OF SERVICES: FEES: EXPENSES:
• See attached 0 Not to Exceed •All
O As described below •Lump Sum $7,800 0 Itemized
O Seminar or Lecture 0 Hourly
This agreement shall be subject to all the terms and conditions as shown on the reverse side. Please refer to these terms
and conditions for a complete understanding of this agreement. At time of acceptance of this agreement, Client shall pay
Luminae Souter a retainer fee of$ 500
Payment terms per AIA Agreement:
Payment due upon Client's receipt of payment
for Luminae Souter services.
This proposal will remain valid for thirty(30)days after the date it is written. If the accepted proposal has not been
received in Luminae Souter's offices by the end of this period, its terms and conditions will be open for further
negotiations.
This agreement is for work performed by Luminae Inc. primarily in the City and County of San Francisco, California and
Honolulu, Hawaii. The laws of the State of California shall govern in the event of any contract disputes between the
parties of this agreement. This agreement shall be binding on the heirs, executors, and assigns of the parties, and shall
be binding on any subsequent purchasers of•the property. This agreement represents the entire and integrated
agreement between the Client and Luminae Souter and supersedes all prior negotiations, representations or agreements,
either written or oral.
Accepted for LUMINA Inc.dba Accepted for Client
L U M I N A • S O U T E R Freedman Tung & Bottemley
L I G H T I N G D E S I G N ARCHITECTS
By: By:
Date 7 /s3 /93 Date / /
TERMINATION OF AGREEMENT
This agreement is subject to cancellation by either party at any time upon ten(10)days written notice. In the event of termination,by either party,all
accrued charges for work and reimbursable expenses incurred to the date of receipt of the notice of termination,become due and immediately payable.
•
1740 ARMY ST.
2ND FLOOR
SAN FRANCISCO
CA 94124
(415)285-2622
FAX (415)285-5718 EXHIBIT "A" Page 28 of 40
TERMS & CONDITIONS
CHANGE ORDERS&ADDITIONAL SERVICES
1. II Client gives a directive to Luminae Inc.to perform work,and Luminae Inc.thereafter sends a written Change Order of that directive,then It shall be deemed that
Client agrees to the terms of the Change Order,unless Client objects In writing within 10 days of mailing the Change Order.
2. 11 the size or scope of the Project changes or requires a change in plan,design,drawings or specification which necessitates the preparation of additional documents,
or the making of changes In documents or work already approved or upon which work has started,Luminae Inc.shall be allowed an adjustment of any fee or expense
estimate.
PAYMENT
1. Payment for accumulated time and expenses will be submitted monthly and are due and shall be paid by Client within fifteen(15) days of receipt. All amounts are
quoted and payable in U.S.Dollars. A service charge of 1%per month will be added to all Invoices over 15 days past due.
2. If the Client objects to any statement or Invoice submitted by Luminae Inc.,he shall so advise Luminae Inc.In writing,giving his reasons within 21 days of receipt of
such statements or invoices. It objections are not so made,the statements and/or Invoices shall be deemed to be accepted by the Client.
3. If Client fails to pay Luminae Inc.within 15 days after receipt of Luminae Inc.'s statements or Invoices, Luminae Inc.may,after giving seven(7)days written notice to
the Client,suspend services under this agreement until Client's outstanding Invoices,which have been accepted by Client,have been paid In full,or disputes settled
and a mutually accepted payment date Is determined.
4. If the Project is suspended for more than three(3)months or abandoned In whole or In part, Luminae Inc.shall be paid Its compensation for services performed prior
to the receipt of written notice from the Client of such suspension or abandonment,together with Reimbursable Expenses ses then due. The amount due Luminae Inc.
as compensation for its Basic Services shall be computed as set forth under Termination of Agreement. If the Project is resumed after being suspended for more
than three(3)months, Luminae Inc.'s compensation shall be subject to renegotiation.
5. Client shall compensate Luminae Inc.for the cost of collection of Invoices outstanding,Including attorney's fees,court costs,Lumlnae Inc.'s employees time,and
other costs or expenses Incurred in collection.
REIMBURSABLE EXPENSES
1. Luminae Inc.shall be compensated by Client at 1.15 times the direct cost of expenses Incurred In connection with the Proied,including: —Expenses of
transportation in connection with the Project;living expenses In connection with out-of-town travel;long distance communications and fees paid for securing the
approval of authorities having jurisdiction over the Project. —Expense of reproductions,photographic services,postage and handling of drawings,schedules,
specifications and other documents Including delivery charges. —Expense of rendering,models and mock-ups requested by the Client which are not part of the
Basic Services.
2. Luminae Inc.may furnish lighting fixtures,lamps,fitters and other accessories to the Project as approved by Client. The Client shall reimburse Luminae Inc. the total
Client Cost(per prices quoted to the Client)plus any applicable sales tax and freight and packing charges. When any of these materials are furnished to the_Client,a
minimum deposit of 50%of the estimated total cost to the Client will be required before the materials can be ordered from suppliers. The balance due will be payable
upon delivery of these materials.
GENERAL PROVISIONS
1. APPROVAL: Once a recommendation has been sent,Luminae Inc.assumes it has been received,approved, and will be acted upon unless Immediately advised to
• the contrary.
•
2. PROJECT DELAY: Failure of the Client to properly and promptly coordinate the Work or to distribute the necessary Information as needed and available,which
causes delay or changes in the lighting design work,through no fault of Luminae Inc.,will relieve Luminae Inc.of any obligation to meet project schedule,to the
extent of the delay caused by the absence of available necessary information.
3. ELECTRICAL LOADS: When maximum electrical lighting loads permitted by code are determined by others,Luminae Inc.will not commence any layouts In Phase II
until written Information Is received defining these loads or be responsble for any delays resulting therein,nor will Luminae Inc.be responsble for or assume the cost
of any re-design resulting from errors in such calculations performed by others.
4. CHANGES TO DRAWINGS: Luminae Inc.Is not responsble for any changes to Its final drawings and spedflcation unless approved by Luminae Inc. Changes
Include,but are not limited to,substitutions of and/or by manufacturers,variations In layouts,quality and quantity of fixtures,etc.
5. ARBITRATION: Any dispute arising as a result of this agreement will be settled by arbitration In accordance with the Construction Industry American Arbitration
Association. Judgment upon the award will be final.
6. BANKRUPTCY: If Client files a petition In bankruptcy,or makes an assignment for the benefit of creditors,Luminae Inc.has the right to stop work under this
agreement,and Luminae Inc.shall be paid for the portion of the work performed by Luminae Inc.
7. MECHANICS LIENS: The Client Is hereby notified that Lumlnae Inc.reserves the right to file appropriate documents with the court to maintain and support its rights
under California's Mechanics Lien Laws.
OWNERSHIP OF DOCUMENTS
Ownership of all documents and designs created by Lumlnae Inc.hereunder shall remain the exclusive property of Luminae Inc. and may be copyrighted by Luminae Inc.In
its name. Drawings and specifications prepared by Luminae Inc.as instruments of service are and shall remain the property of Luminae Inc.whether the Project for which
they are made is executed or not. They are not to be used by the Client on other projects or on extensions to this Project except by written agreement with Luminae Inc.and
with appropriate compensation to Luminae Inc.
LIMITATION OF LIABILITY
1. Luminae Inc.is not responsible for any errors,equipment failures or delays caused by manufacturers,contractors,shippers,Installers or users;nor Is Luminae Inc.
responsible for a contractor's failure to carry out the construction In a workmanlike manner or In accordance with contract documents or recommendations.
2. Luminae Inc. shall not have control of or charge of and shall not be responsible for the means,methods,techniques,sequences or procedures of construction.
fabrication,procurement,shipping,delivery or installation,or for safety precautions and programs In connection with the Work.
3. Luminae Inc.shall not be responsble for the acts,errors or omissions of the Client,the Owner,other Consultants,the Contractor,or any subcontractors,or any of
their agents or employees,or any other persons performing any-of the Work,manufacturers or shipper of equipment,or users of the Work.
4. The Client agrees to limit Luminae Inc.'s liability to the Owner and to all construction contractors and subcontractors on the Pried,due to Luminae inc.'s negligent
acts,errors and omissions,such that the total aggregate liability of Luminae Inc.to all those names shall not exceed Luminae nc.'s total fee on the Project,
EXHIBIT "A" Page 29 ; of 40
1 CONS :go�5 sn su c, , J�
A 1:ET0N1 RECEIVED
o ; , ��'�� AUG ! 1933
August 26, 1993 tltutwg
/QV .
b N CO ,
Mr. Michael Freedman
Freedman, Tung & Bottomley
47 Kearny Street, Suite 500
San Francisco, CA 94108-5522
Re: Huntington Drive Improvements
City of Arcadia, California
Dear Michael:
Pursuant to recent discussions, I submit for your review our anticipated professional fees to
provide Design Development and Construction Documents Phase opinions of probable costs
on the above referenced project. In addition, I have allocated an anticipated cost to
evaluate optional criteria including "Custom Light Designs." -
(1) HUNTINGTON DRIVE & FIRST AVENUE IMPROVEMENTS
Scope of improvements to be in accordance with that. developed in the
• Programmatic Cost Plan.
Optional Criteria Evaluation $1,000.00
Design Development Phase $3,800.00
*Construction Documents Phase $1,500.00
TOTAL $6,300.00
I trust this satisfies your current requirements. If you wish to discuss this proposal letter
further, please do not hesitate to contact the undersigned.
Sincerely,
vivo •
Patrick W. Collins
Principal
PWC/jmo •
The fee associated with the Construction Documents Phase service is to provide an update of the probable cost prepared at the Design
Development Phase.
ADVANCED RESOURCES IN CONSTRUCTION SERVICES LTD • .1001 BROADWAY SUITE 288 • OAKLAND.CALIFORNIA 94607
TEL 510•287•9900 SAN FRANCISCO LOS ANGELES 310•287•2010 TEL
FAX 510.287.9911 310.287• 1032 FAX
EXHIBIT "A" Page 30 of 40
[1 n t. i, maloney, inc.
landscape architecture • planning `'' ^i T,CC TC,,:!EY
July 22, 1993
Mr. Terry Bottomley
FREEDMAN TUNG & BOTTOMLEY
47 Kearny Street, Suite 500
San Francisco, California 94108-5522
Subject: Landscape Architectural Design Services for
Arcadia Downtown Improvements
Dear Terry:
On behalf of the firm of T. I. Maloney, Inc., we are pleased to present this proposal to
undertake comprehensive design services for the Arcadia Downtown Improvement
Project.
T. I. Maloney, Inc. is uniquely qualified to assist you with this special project in that we
have an excellent team of individuals dedicated to its success. Mr: Tim Maloney, Mr.
Roger Drayer and Mr. Rick Dortch will be working directly on this project from
beginning to end.
Mr. Dortch offers several areas of expertise which will be of special value to the project
design and long term management and maintenance. He holds a geology degree which
will be beneficial in the area of irrigation design as it relates to soils composition and
horticultural evaluation of the plant materials. Mr. Dortch also has an extensive
background in Irrigation Design and will provide proper water management evaluation
of the site in regards to erosion control, percolation rates, soil structure, water demand
of plant materials, etc. We will also review the potential for alternative irrigation sources
such as reclaimed water.
This combined expertise in geology and irrigation, in addition to his years of "hands-on"
field experience, provides Mr. Dortch with a functional and realistic design approach to
unique horticultural environments.
Terry, we are extremely excited to have the opportunity to be a part of the design team
for this project. We are confident that there is no other firm in Southern California that
can produce a more water efficient landscape development plan. We can also assist in
horticultural evaluation and planning as well as long term maintenance management.
6180 Brockton Avenue, Suite 201, Riverside, California 92506•(909) 369-0700•FAX (909) 369-4039
EXHIBIT "A" Page 31 of 40
•
ARCADIA DOWNTOWN IMPROVEMENTS July 22, 1993
Mr. Terry Bottomley Page 2
DESIGN TEAM
The T. I. Maloney, Inc. Design Team offers a unique combination of relevant project
experience, creative design ability, and comprehensive technical skills assuring projects
which are imaginative, efficient, and practical.
Included on the T. I. Maloney, Inc. Team are:
Timothy I. Maloney Landscape Architect - Principal
Doug Grove Landscape Architect - Principal
Roger Drayer Landscape Architect
Rick Dortch Irrigation Designer/Water Management Specialist
Ronaele Wolf •• Landscape Designer
Our consultant team is composed of professionals who have extensive past experience
with streetscape design projects. They have an excellent understanding of the current
project requirements.
THE PROPOSAL
Our proposal covers key issues we feel to be of the greatest significance in the selection
of the landscape architectural consultant and.the smooth, efficient completion of the
project. We have worked hard to research pertinent information regarding this project,
to address the issues of greatest concern to the client, and to prepare this proposal
detailing our qualifications and approach to completing the work on schedule.
The members of the Design Team and I appreciate your consideration of our firm for
this important project and we look forward to assisting you with the City of Arcadia
Downtown Improvement project.
Respectfully submitted,
T.I. LONEY, INC...A4________ .
Timothy I. Maloney, ASLA, CPRS
Landscape Architect
License Number 2110
ARCADIA(D-155) .. .
APPROVED: DATE:
EXHIBIT "A" Page 32 of 40
ARCADIA DOWNTOWN IMPROVEMENTS • July 22, 1993
Mr. Terry Bottomley Page 3
I. SCOPE OF SERVICES
A. DESIGN DEVELOPMENT PLANNING:
1. Preliminary Irrigation Development Plan - We will prepare a
preliminary irrigation development site plan delineating the total
project. This plan will be developed based on the schematic and
landscape planting plans and discussions with the client.
2. Construction Cost Study - We will present a preliminary construction
cost study for review and approval.
3. Client Review-We will review the preliminary irrigation plan and discuss
the concepts with you for approval.
4. City Submittal - We will assist in the preparation of the submittal
package for review and approval by the City.
B. WORKING DRAWINGS:
Upon approvals above we will prepare the following working drawings in
sufficient detail to facilitate construction:
1. Irrigation Plans and Details - We will prepare complete irrigation
plans providing proper irrigation coverage of planted areas. Detailing
for proper installation will be provided.
Irrigation plans for all entry monument areas and streetscapes will be
irrigated with the use of a low precipitation type system. The system
will be designed to provide the proper water needs of the trees and
provide for minimal overspray and run-off.
. Irrigation systems will be designed towards meeting City standards
and all AB 325 Water Management standards.
2. Specifications - We will prepare plan book irrigation and planting
specifications identifying•types and qualities of materials and methods to
be used in construction.
EXHIBIT "A" Page 33 of 40
ARCADIA DOWNTOWN IMPROVEMENTS July 22, 1993
Mr. Terry Bottomley Page 4
C. MEETINGS :
The following meetings are included within our scope of services:
1. Review of preliminary irrigation plans and costs with client.
2. Review of preliminary irrigation plans with City of Arcadia.
3. Submittal of plans to the City and receipt of approvals.
D. FIELD OBSERVATION :
We will make field observation visits of the site during construction per the
Owner's request. Field visits will be provided at our current hourly rates.
II. PROPOSED FEE SCHEDULE
ARCADIA DOWNTOWN IMPROVEMENTS
Consultant Services Time Fee
1. Design Development Phase 1 WEEK $ 900.00
2. Irrigation Plans & Specs. 2 WEEKS $ 2,800.00
3. Field Observation Hourly as requested
4. Review of Construction Plans
and Details. Hourly as requested
Our fees will be billed at our Normal Hourly Rates per Attachment 1. Provisions of
Attachment 1 and 2 are an integral part of this proposal as if herein written in full.
EXHIBIT "A" Page 34 of 40
ARCADIA DOWNTOWN IMPROVEMENTS July 22, 1993
Mr. Terry Bottomley Page 5
ATTACHMENT - 1
NORMAL HOURLY RATES
Principal Landscape Architect's
time at the fixed rate of: $90.00 per hour
Landscape Architect's
time at the fixed rate of: $70.00 per hour
Landscape Designer's
time at the fixed rate of: $55.00 per hour
Professional Staff's
time at the fixed rate of: $45.00 per hour
OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal, at our direct cost, plus 15%
of the actual cost of their services for coordination.
REIMBURSABLE ITEMS
Reimbursable items such as the cost of blueprint, graphic reproduction and photo
copying, at our direct cost.plus 15%. Mileage will be billed at 27.5 cents per mile.
OVERTIME REQUESTS
It is the Landscape Architect's responsibility to schedule the projects completion under
normal conditions without the use of the staff on a overtime basis. If the client adjusts
the deadline or requests that work be completed earlier than originally scheduled and
thus requires overtime, the fees shall be adjusted to cover the increased costs incurred
by the Landscape Architect. The hourly rates for overtime will be one and one-half (1-
1/2) times the hourly rates above.
TERMS AND CONDITIONS OF PAYMENT
We will bill on a monthly basis in proportion to the percentage of work complete at the
time of billing. All billing statements are due upon receipt. Interest will be charged at
the rate of 2% per month on the past due balance thirty days and over.
EXHIBIT "A" Page 35 of 40
ARCADIA DOWNTOWN IMPROVEMENTS July 22, 1993
Mr. Terry Bottomley Page 6
ATTACHMENT - 2
ADDITIONAL SERVICES
Additional Services shall be performed only when requested or approved by the Owner.
Compensation for such.services shall be in accordance with our Normal Hourly Rates
and Reimbursable Items,per Attachment 1. Additional services may include,but are not
limited to:
1. Making measurements or drawings of existing construction when requested by
the Client.
2. Revising previously approved drawings to accomplish changes ordered by the
client.
3. Any work requested by the client that is not heretofore mentioned.
CLIENT'S RESPONSIBILITY
1. Complete information concerning available services and utilities for all contract
areas.
2. Development restrictions, program restrictions and other such data.
EXHIBIT "A" Page 36 of 40
RECEIVED
1516 Lassen St .
FPWEDWil,TUlw&COilGLILEr
Redlands , CA 92374
July 20 , 1993
Mr . Michael Freedman
Freedman, Tung, & Bottomley
47 Kearney St . Suite 500
San Francisco, CA 94108
Dear Mr. Freedman,
The following information is my estimate of involvement and
time for the Huntington Drive street improvement in Arcadia. . The
time of my involvement can vary significantly, depending upon the
experience of the landscape architect, and quality of work by the
landscape installation contractor.
SCOPE c ' SERV I G'ES
1 . Recommend tree species for planting.
2 . Coordinate with the landscape architect to develop final
list of species to be planted.
3 . Develop planting specifications and typicals for trees and
shrubs , ie; spacing, depth, irrigation, staking, etc .
4 . Recommend irrigation methods , ie; sprinkler, drip, bubbler ,
etc.
5 . Approval of all planting material prior to installation.
6 . On site inspection of plant installation.
C'OS'T EST I i i
1 . Pre-installation: 40 to 46 hrs = $1800 .00 to $2070 . 00
2 . Installation: 12 to 22 hrs = $540 .00 to $990 . 00
3 . Mileage: 700 to 1200 mi . = $140 . 00. to $240 . 00
Total $2480 .00 to $3300 . 00
Jim Bridges
Horticultural Consultant
EXHIBIT "A" Page 37 of 40
RESUME
James F. Bridges
1516 Lassen St .
Redlands , CA 92374
(909) 792-7696
Education: B. S . degree in Forest Management , Humboldt State
University, 1967 .
Graduate studies in Forest Silviculture and
Horticulture at University of California,
Arboriculture and Landscape Design at Calif .
Polytechnic College.
Experience: 27 years with the U.S. Forest Service in Timber
Management .
8 years pest control , landscape maintenance and
ornamental horticulture.
During my career with the U.S.F.S. I developed and
wrote environmental analyses, prepared and completed
timber sale appraisals including timber volume and
value determination, logging system layout, and_
marking of trees designated for removal . I was
responsible for completing reforestation plans ,
preparation of reforestation sites and supervision
of tree planting crews .
The last 10 years with the Forest Service was spent
as the Forest Silviculturist on the San Bernardino
National Forest. I was responsible for all timber
stand inventory and long range management plans for
forest stands. I personally wrote site specific
treatment prescriptions for all timber sales ,
reforestation, and other cultural needs projects . I
also developed specialized treatment prescriptions
for Bald Eagle habitat, campgrounds , ski resorts ,
disease control , fire prevention and rehabilitation.
Additional responsibilities included serving as the
Forest Pesticide Use Coordinator, insect and
disease specialist .
The last 8 years, in addition to developing my own
consulting business , I have also been employed by a
landscape maintenance firm as their Pesticide
Coordinator, Arborist , and plant insect and disease
specialist. During this time I have gained
additional experience in ornamental tree planting,
corrective pruning, cabling and bracing, and
diagnosis of growth problems .
Licenses : State of California, Registered Professional
Forester.
State of California, Pest Control Advisor
State of California, Qualified Pesticide Applicator
International Society of Arboriculture , Certified
Arborist
EXHIBIT "A" Page 38 of 40
4
City of Arcadia
Downtown Streetscape Improvements
Project Team Contact Information
Urban Design & Town Planning Civil/Traffic Engineering
Mr. Greg Tung Mr. Gary Baker
Principal (contact) Assoc./Development Division Mgr. (contact)
Mr. Michael Freedman Mr. Douglas Thompson
Principal-in-charge Senior Designer
Freedman Tung & Bottomley ASL Consulting Engineers
47 Kearny Street, Suite 500 P.O. Box 661780
San Francisco, CA 94108-5522 Arcadia, CA 91066
Phone: (415) 291-9455 Phone: (818) 447-4494
Fax: (415) 291-9633 Fax: (818) 447-4543
Cost Estimating Note: Contact of Geotechnical and
Electrical Engineering should be conducted-
Mr. Patrick Collins through ASL Consulting Engineers:
Principal
Advanced Resources in Construction Geotechnical Engineering
Services, Ltd.
1001 Broadway, Suite 288 Mr. Tom Benson
Oakland, CA 94607 Managing Officer
Phone: (510) 287-9900 Converse Consultants West
Fax: (510) 287-9911 3393 East Foothill Boulevard
Pasadena, CA 91107-3112
Structural Engineering Phone: (818) 796-8200
Fax: (818) 351-1093
Mr. Jesus Sierra
Principal Electrical Engineering
Sierra Engineering Group
33782 Syracuse Avenue Mr. Charles Helin
Union City, CA 94587 Vice President
Phone: (510) 487-9192 Eggett & Helin
Fax: (510) 487-9192 (call first) 4444 Riverside Drive, Suite 100
Burbank, CA 91505
Phone: (213) 849-6196
Fax: (818) 842-8219
EXHIBIT "A" Page 39 of 40
4 i r
Lighting Design
Mr. Leif Johnson
Job Captain (contact)
Mr. James Benya
Principal-in-charge
Luminae Souter
1740 Army Street
San Francisco, CA 94123
Phone: (415) 285-2622
Fax: (415) 285-5718
Irrigation
Mr. Roger Drayer
Project Manager (contact)
Mr. Tim Maloney
Project Principal
T.I. Maloney, Inc.
6180 Brockton Avenue, Suite 201
Riverside, CA 92506
Phone: (909) 369-0700
Fax: (909) 369-4039
Horticulture
Mr. James Bridges
Principal
1516 Lassen Street
Redlands, CA 92374
Phone: (909) 792-7696
Fax: (909) 793-5185
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