HomeMy WebLinkAboutItem 12e - Downtown Alley Improvements Project
DATE: March 16, 2021
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
Philip A. Wray, Deputy Director of Development Services/City Engineer
By: Linda Hui, Transportation Services Manager
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH SWA GROUP FOR
DESIGN SERVICES FOR THE DOWNTOWN ALLEY IMPROVEMENTS
PROJECT IN THE AMOUNT OF $154,000
Recommendation: Approve
SUMMARY
In 2019, the City applied for and received Metro’s Measure M Multi-Year Subregional
Program (“MSP”) funds through the San Gabriel Valley Council of Governments
(“SGVCOG”) for improvements of the City’s downtown alleys. The main purpose of the
grant was to close the first/last mile gap between the regional transit system and local
communities. The Downtown Alley Improvements project would complement the
previously approved Gold Line Station Pedestrian Linkage project and the Citywide
Bicycle Facility Improvements project in closing the first/last mile gap in Arcadia. A
Request for Proposals (“RFP”) for professional services to prepare preliminary design
concepts, and plans, specifications and cost estimates (“PS&E”) was issued on January
16, 2021.
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute, a Professional Services Agreement with SWA Group for design
services for the Downtown Alley Improvements project in the amount of $154,000, with
a 10% contingency.
BACKGROUND
Improvements to the Downtown alleys have been under consideration since the
inception of the Gold Line light rail extension project. Since the opening of the Gold
Line, the City has completed several projects to enhance multiple modes of
transportation in the area of the light rail station. These include the pedestrian linkage
improvements on First Avenue and Santa Clara Street, bicycle network improvements
centered around the station, and fixed-route transit service with the station serving as
the hub for Arcadia Transit. All these projects are intended to connect the Arcadia Gold
Line Station with the community through alternative modes of travel. In 2019, Metro
Award Contract for Downtown Alley Improvement Project
March 16, 2021
Page 2 of 3
made MSP funds available to the cities through the SGVCOG under four categories,
one of which was First/Last Mile and Complete Street Program. For the first time, alley
level projects were eligible for regional transportation funding. The City applied for and
was awarded the MSP-First/Last Mile and Compete Street Program funding for the
downtown alley improvements.
The scope of the project will cover improvements of several existing alleys, providing
safe and user-friendly shared paths for pedestrians, bicyclists, and automobiles, in a
“complete street” format (See attached project map). The pedestrian paths will be
denoted with pavers or similar materials while bike lanes will be demarcated with
painted stencils and signs. The alleys will be punctuated with landscape nodes that may
include small trees, adding some shade opportunities for pedestrians, raised
crosswalks, lighted bollards and signs.
DISCUSSION
On January 16, 2021, the City issued a Request for Proposals (“RFP”) soliciting
professional services for preliminary design concepts, and plans, specifications and cost
estimates (“PS&E”) for the Downtown Alley Improvements Project. Two consulting
firms responded to the RFP, as shown below.
Firm Proposed Amount
SWA Group $154,000
RRM Design Group $210,772
The proposals were evaluated based on criteria consisting of the firm’s experience, the
project team members’ experience, project approach, and project cost.
After careful consideration, SWA Group (SWA) was selected as the most qualified firm,
and their proposal was the most responsive and comprehensive to provide the
requested services. The scope of work in the RFP called for the development of design
concepts, and preparation of plans, specifications and estimates for the preferred
design. Both firms proposed a high level of effort on each task. However, SWA’s
approach to the project was more direct, and it gave a good deal of emphasis to the
PS&E element of the project. In addition, SWA’s cost proposal was more in line with the
City’s cost estimates.
Based on the above, SWA is the superior option for the project. It is recommended that
a Professional Services Agreement be approved for preparation of preliminary design
concepts, and plans, specifications, and cost estimates for the Downtown Alley
Improvements Project, in the contract amount of $154,000 with a 10% contingency.
Following the design work, the construction of improvements throughout the alleys will
provide a consistent appearance and aesthetic will improve the visitor and business
experience throughout the Downtown area. Improvements will be coordinated along
with private development of various sites within the Downton area that abut the alleys.
Award Contract for Downtown Alley Improvement Project
March 16, 2021
Page 3 of 3
ENVIRONMENTAL ANALYSIS
The Professional Services Agreement with SWA Group is a project design and is not
considered a project as defined by California Environmental Quality Act (“CEQA”)
§15378; as a service contract of this nature is considered ministerial. An environmental
analysis will be conducted concurrent with the design work and prior to any physical
construction or the award of a construction contract.
FISCAL IMPACT
The City was awarded a Metro Multi-Year Subregional Program under First/Last Mile
and Complete Street Program funds for this project in the amount of $1,741,250 for
design and construction. The engineering design funding was appropriated in both the
2019-20 and the 2020-21 fiscal year Capital Improvement Programs, for a total of
$200,000 from Measure M funds. There are sufficient funds to cover these services
plus the 10% contingency and no General Fund monies will be used for the project.
RECOMMENDATION
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute, a Professional Services Agreement with SWA Group for design
services for the Downtown Alley Improvements Project in the amount of $154,000, with
a 10% contingency.
Attachment No. 1: Project Map
Attachment No. 2: Proposed Professional Services Agreement
Attachment No. 1
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CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 2021, by and
between the City of Arcadia, a municipal corporation organized and operating under the laws of
the State of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 (“City”), and SWA Group, a California based corporation with its principal place
of business at 2200 Bridgeway Blvd Sausalito, CA 94965 (hereinafter referred to as “Consultant”).
City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties”
in this Agreement.
RECITALS
A.City is a public agency of the State of California and is in need of professional
services for the following project:
DOWNTOWN ALLEY IMPROVEMENT PROJECT
(hereinafter referred to as “the Project”).
B.Consultant is duly licensed and has the necessary qualifications to provide such
services.
C.The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A.”
2. Compensation.
a.Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Services set forth in Exhibit “B.”
b.In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $154,000.00, plus 10% contingency. This amount is to
cover all printing and related costs, and the City will not pay any additional fees for printing
expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes
a detailed description of the work performed. Payments to Consultant for work performed will be
made on a monthly billing basis.
3.Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
Attachment No. 2
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be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Term.
The term of this Agreement shall be from March 16, 2021 to December 31, 2021, unless
earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the
term of this Agreement if necessary to complete the Project. Consultant shall perform its services
in a prompt and timely manner within the term of this Agreement and shall commence
performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The
Notice to Proceed shall set forth the date of commencement of work.
The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
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8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City 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 secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
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(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
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d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
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shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
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(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), 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 of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s services, the Project
or this Agreement, including without limitation the payment of all damages, expert witness fees
and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents, or volunteers.
b. To the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify,
and/or hold harmless arise out of Consultant’s performance of “design professional services” (as
that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final
adjudication that liability under a claim is caused by the comparative active negligence or willful
misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established
comparative liability of the City and shall not exceed the Consultant’s proportionate percentage
of fault.
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13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration,
demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1).
b. If the services are being performed as part of an applicable “public works”
or “maintenance” project and if the total compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such
services must be registered with the Department of Industrial Relations. Consultant shall maintain
registration for the duration of the Project and require the same of any subconsultants, as
applicable. This Project may also be subject to compliance monitoring and enforcement by the
Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
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15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Los Angeles, State of California.
16 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
17 Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
18. Organization
Consultant shall assign Jana Wehby, PLA, ASLA, as Project Manager. The Project
Manager shall not be removed from the Project or reassigned without the prior written consent of
the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
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20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
CITY:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attn: Philip A. Wray, Deputy Director of
Development Services/City Engineer
CONSULTANT:
SWA Los Angeles
811 W. 7th Street, 8 Fl
Los Angeles, CA 90017
Attn: Jana Wehby, Project Manager
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
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Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. 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
director, official, 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.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARCADIA
AND SWA GROUP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF ARCADIA [CONSULTANT]
By: By:
Dominic Lazzaretto
City Manager Its:
Printed Name:
ATTEST: By:
By: Its:
City Clerk Printed Name:
APPROVED AS TO FORM: CONCUR:
By: By:
City Attorney Jason Kruckeberg, Assistant City
Manager/Development Services
Director
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EXHIBIT A
DOWNTOWN ALLEY IMPROVEMENT PROJECT
Scope of Services
PROJECT OVERVIEW
The City of Arcadia, Development Services Department, Engineering Division, is seeking
professional services to prepare conceptual design alternatives with cost estimates, and
final plans, specifications and estimate for the Downtown Alley Improvements project.
The improvements are intended to accommodate multimodal travel linking public streets
with businesses and parking lots in Downtown Arcadia in the vicinity of the Arcadia Gold
Line Station.
BACKGROUND
The City of Arcadia’s primary downtown area is bounded by Santa Anita Avenue on the
west, Colorado Boulevard on the north, Fifth Avenue on the east, and California Street
on the south.
In 1995, the City administered the “Downtown 2000” project focused on improving the
roadways and parkways on Huntington Drive and First Avenue to create a downtown
feel. The roadway improvements included raised center medians and decorative
crosswalks, and the parkway improvements included “curb-outs”, landscape planter
areas, decorative seat-walls and pilasters, benches and pots, and pedestrian
lighting. The limits of the project were on Huntington Drive from Fifth Avenue to Santa
Clara Street and First Avenue from Wheeler Avenue to California Street.
In March of 2016, the Metro Gold Line Foothill Extension (light rail) opened from
Pasadena to Azusa with a new station in Arcadia, at the northwest corner of First Avenue
and Santa Clara Street. The City participated with the Metro Gold Line Authority to fund
the construction of a City-owned Transit Plaza between the Station and the Metro parking
structure. The Transit Plaza is a very attractive and passive public space with pavers,
benches, landscaping, a stage, and a clock tower. The parkway, adjacent to the Transit
Plaza and the parking structure, was improved as part of the project.
In 2009, the City of Arcadia applied for, and received Metro Call-for-Projects grant funding
to improve pedestrian facilities along streets surrounding the Arcadia Gold Line Station.
The purpose of the project is to connect the Gold Line Arcadia Station with the
surrounding area within a quarter-mile radius of the Station, and connect with the
Downtown 2000 improvements, providing a first/last mile connection to the regional rail
network. The project is currently proceeding to construction.
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In 2018, the City applied for and was awarded a Measure M Grant through the San
Gabriel Valley Council of Governments Sub-Regional Funding program, in the First and
last Mile category, for multimodal improvements to Arcadia’s Downtown Alleys. The grant
amount is $1,750,000 and is intended to cover design, construction and all related project
costs. The project area encompasses the alleys in the vicinity of the Arcadia Gold Line
Station. See the attached map (Exhibit 1) for the specific alleys. Concepts were
developed to identify ideas, opportunities, and constraints and are included in this
Request for Proposal (RFP) for your information. These are provided only as a guide,
and are not intended to limit design ideas and concepts.
In 2019, a developer initiated a project to consolidate parcels in the Downtown Area for
the purpose of a large cohesive mixed-use project. The lots are on the north side of
Huntington Drive east of First Avenue, and are on both sides of an alley included in the
above-mentioned project. The developer is requesting the City to vacate the alley so that
the developer can construct a subterranean parking structure. The alley would remain as
a public access across the property, and the developer proposes to enhance the alley
across the development. The project is still in the preliminary stage, and no entitlements
have been granted.
PROJECT APPROACH
The Arcadia Downtown Alley improvements project is intended to provide safe and
attractive alleys for pedestrians, bicyclists, and automobiles to share in the vicinity of the
Arcadia Gold Line Station. The successful firm will prepare at least two alternative
conceptual design plans for the specific alleys; and upon the City’s selection of a preferred
alternative, prepare plans, specifications, and estimates (PS&E).
We welcome new ideas and concepts for this project; however, they should be mindful of
the available space and the project budget.
PROJECT TASKS
This request for proposals is to perform the following tasks:
Task 1: Preliminary Information & Data Gathering:
a. The Consultant shall prepare base maps for the alleys to include all property lines,
improvements, utility encroachments and conflicts, and connections to other City
rights-of-way and easements.
b. The Consultant shall identify pedestrian access points to and from adjacent
properties, buildings, and parking lots.
c. The consultant shall observe the alleys and the surrounding streets to document
existing conditions and activities including pedestrian movement, bicycle travel,
delivery vehicles, parking, and traffic movement.
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Task 2: Design Alternatives:
a. The Consultant will work with City staff to develop a minimum of two improvement
design concepts.
b. The Consultant will assist the City with public outreach and involvement by the
downtown community.
c. The Consultant will develop comprehensive cost estimates for each alternative.
Task 3: Final Plans, Specifications, and Estimate:
The Consultant will prepare the PS&E for the preferred alternative design concept. The
City will assemble the Bid Package, and will provide the bid and contract documents, and
the general provisions. The Consultant shall provide the bid schedule and the special
provisions in a format compatible with the City’s documents.
DELIVERABLES
All written documents shall be prepared and completed in Microsoft Word format. A
complete set of all documents shall be submitted in a digitized format, on a universally
accessible storage medium, and shall be compatible with the City’s computer hardware
and software. Electronic copies of all exhibits including maps, charts, and tables shall be
provided to the City.
Milestone Deliverables:
• Detailed Project Schedule
• Alley Base Maps
• Preliminary Design Concepts
• Details of items and materials
• Preliminary cost estimates
• 65% design drawings
• 95% design drawings
• 100% contract drawings (bid set)
• Final cost estimate
• Special Provisions
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EXHIBIT B
Schedule of Services
Consultant shall provide professional design services for the Downtown Alley
Improvements Project, as outlined in the Scope of Services. The period of services is for
March 2021 to December 31, 2021.