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02-01-1994 - East Cameron Avenue Park Site (Heritage Gardens) Consultant Agreement for Master Plan Development0 City of West Covina . Memorandum To City Council City Manager FROM : Planning Department Staff SUBJECT: EAST CAMERON AVENUE PARK SITE (HERITAGE GARDENS) CONSULTANT FOR MASTER PLAN DEVELOPMENT AGENDA ITEM. NO. G-1 AGREEMETE NT 2-1-94 SUMMARY: The City distributed eleven (11) Requests for Proposals (RFP's) for the preparation of a Master Plan, Biological Assessment, and Design Guidelines for the East Cameron Avenue park site. In response to the RFP's, the City received three proposals from qualified consultants. The proposals ranged in costs from $22, 905 to $28, 700. Staff., is proposing that The Dike Partnership be selected at a cost of $25,530. BACKGROUND On February 4, 1992, the City Council approved the appropriation of $50, 000 from park dedication fees in Park District "F" to cover the estimated cost of landscape, architectural, and engineering services for the eventual development of a specific plan for the East Cameron Avenue park site. Through the course of implementing the first phase of park development, $18,446.19 has been utilized for grading plans. for locating the house on the site, landscape and irrigation plans for .the area around the house, and graphic renderings for the area around the historical house. A balance of $31,446.19 remains in the account .for consultant services to prepare the park specific plan. ANALYSIS The execution of the consultant contract for the preparation of the park specific plan initiates the process of developing the plan for the ultimate development of the park specific plan. The elements included in the contract include the development of a park specific plan map, design guidelines, and a biological assessment of the flora and fauna resources on the site, including recommendations on enhancing and/or maintaining certain areas.on the site'. Unique to the park site is the historical structure that was relocated to the site in June of 1992. In order to address the historical theme, the design team includes a historical architectural firm to focus on historical design elements, and spacial layouts between historical buildings. The Dike Partnership team demonstrates direct experience in the development of park specific plans for historical parks, a highly professional presentation style, and a cohesive team unit formed by The Dike Partnership and their subcontractors, Thirtieth Street Architects and Perry Associates. FISCAL IMPACT The cost for the proposed consultant services to prepare the park specific plan is $25,530. Staff is requesting that the City Council authorize. a "not to exceed" amount of $27,000. The funds are available in Park Project Account No. PP92204 which has a balance of $31,44.6.19 for consultant services. ALTERNATIVES An alternative to hiring the recommended consultant would be to hire Takata Associates which placed second in the evaluation process by staff. However, the bid of $28,700 was the highest of the three, and they have substantially less historical park planning experience which is necessary for the East Cameron Avenue park site. A second alternative would be to select the low bid consultant. However, the low bid consultant, T.I. Maloney, does not have the expertise in developing historical park plans nor do they have a. historical architect on their team. 0129-94/B:/CC/PRKCONS.REP Consultant Agreement February 1, 1994 - Page 2 RECOMMENDATION Staff recommends that the City Council authorize the Mayor and City Clerk to execute a Consultant Agreement with The Dike Partnership to provide professional services for the preparation of Heritage Gardens park Specific Plan. Bradle D.)Dunlap Plannin sociate J y W. Collier P a ng Director FC/BDD/srg Attachments 0129-94/3:/CC/PRKCONS.REP ' '.. . �. (wry;. �1 . ! �.! � ' .: ,/ . -^' `�.1 �,, � , :�`+ �'�!S`'.. � ��`•�' .� �� .I'� 1 J a yy1✓�p� ������ /, �. �� Z�' .. I� 1,• Jam! '�',.'j.,�J' t w a•. 1, 1 ~T ' ' • ''' .� + ' !• - �! t NYti '•may :: " f i:' �� T !1'1(� F: , r ll +-110 ` ••y(.� . , � � � .�' 1 1 YY i�►.,�/Qj, 1. •. � � ` 1 - �!Si�`�=�I'r� �. - ��-.i � _ �.:! . ... .. u�.:r �� �` �' .. mile _Y' • TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 SCOPE OF WORK, SUMMARY OF FEES AND PROJECT SCHEDULE 3.0 QUALIFICATIONS OF CONSULTANT TEAM 4.0 QUALIFICATIONS OF PRINCIPALS AND KEY PERSONNEL 5.0 RELEVANT PROJECT EXPERIENCE 6.0. REFERENCES TABLE OF CONTENTS 1.0 INTRODUCTION r 1.0 . INTRODUCTION The Specific Plan, Biological Assessment and Design Guidelines will provide the framework for the design of the park improvements. This project's goal will be to determine the design direction of "Cameron Avenue Park" through analysis, programming, biological resource assessment, the exploration of two alternatives and the provision of a specific plan and design guideline which will contain specific recommendations for improvements to be installed by either private, public or joint venture entities. UNDERSTANDING THE ISSUES Based upon discussions with City Staff, an on -site review of the existing conditions, and our knowledge and familiarity with historically significant projects, we have outlined below some of the issues which we feel must be addressed. In addition, as part of this section, we have included an analysis diagram indicating, in a preliminary fashion, existing conditions, opportunities and constraints. SENSE OF HISTORIC IDENTITY An important issue in the establishment of the identity that represents Cameron Avenue Park "Heritage Gardens" includes a 1912 Craftsman style home with the potential addition of an historic barn and other outbuildings which may become available. In addition, mature oak and walnut trees and a natural streambed exist within the study area. In order to stitch this diverse fabric into a cohesive whole, a comprehensive site plan is needed to provide a sense of place. The presence of a fine example of ealy 1900's southern California architecture provides a strong opportunity to establish a distinct visual image and reinforce the definition of the park's character. Special design elements such as monumentation, signage, lighting, paving, walls, and plant material will be combined to . provide a unique visual identity to the Cameron Avenue Park "Heritage Gardens". NATURAL OPEN SPACE A Biological Assessment investigating existing habitats, flora and fauna will be completed. This valuable resource documenting native plantings and natural streambed will be incorporated into the planning process. The Cameron Avenue Park site is a resource offering the potential for retaining the existing natural character and presenting the opportunity for preserving or showcasing its biological resources. Because of the variability of the terrain on this site and the addition of a riparian -area, this site does not encompass a single habitat but may be home to several habitats. In order for the biological assessment to be useful, it should INTRODUCTION I - I identify each of these habitat areas, their continuity, number, size, location, aspect, and slope character. Implicit in the biological assessment is the need for identification of species that are present as well as species that are expected but that may not, for a variety of reasons, be seen on the site. . The identification of extant and missing biological resources can form the basis for an on -going management program for the site. COORDINATION WITH OTHER PROJECTS The Specific Plan will take into consideration the existing landscape plans for the Craftsman style home and provide recommendations for future parking and park improvement projects. The Specific Plan will provide for a pedestrian friendly environment, complete with opportunities for public art and a walking tour to connect historic buildings, the streambed and passive park uses. PARK OPERATIONS The establishment of a proposed outline for park operations regarding hours of operation, permitted uses, and parking are critical to the ultimate success and security of the park development. These elements will be considered during the design process to insure that the physical improvements will respond to the operational criteria. BUDGET AND PHASING The Specific Plan will identify anticipated project construction costs, logical phasing opportunities and potential funding sources. Maintenance and operation costs will also be identified to insure a well managed facility. PROJECT APPROACH The Cameron Avenue Park "Heritage Gardens" Specific Plan, Biological Assessment and Design Guidelines will become a reality through the enthusiasm, commitment and energy of everyone involved, and as a result of an effective process which will guide the effort. The Dike Partnership, Inc., Thirtieth Street Architects, Inc. and Perry Associates are committed to providing the City with comprehensive professional services, and through those services, a definitive Specific Plan. Our approach to this project is based upon the key components outlined below: EFFECTIVE PROJECT MANAGEMENT The Dike Partnership, Inc. is currently working on and has completed very similar projects in the recent past. (Please reference the Relevant Project Experience Matrix for The Dike Partnership, Inc. in Section 3.0 of this proposal.) Our firm has an effective management structure for such interdisciplinary projects. INTRODUCTION 1-2 A major component of the project management structure is the "hands-on" involvement of the principals from each firm. Woody Dike of The Dike Partnership, Inc., Jim Wilson of Thirtieth Street Architects, and Bob Perry of Perry Associates will serve as the Principals -in -Charge and directors of the design and planning endeavors, and will represent the project team in meetings with the City of West Covina. The Project Landscape Architect, Jim Ridge, and Project Architect, Chip Gulley, will provide the City with the day-to-day management necessary for this project, allowing City staff the time and energy to concentrate on the decision -making and coordination issues critical to the successful implementation of the Cameron Avenue. Park Specific Plan. In-house project management structure includes a thorough "paper. trail" for all projects, including item -action reports of all meetings. Our offices conduct regular scheduling meetings to ensure on -time performance of services for each of our clients. This is, complemented by detailed project management and cost accounting capabilities. TEAMWORK It'is fundamental to our approach that our consultant team, with its solid foundation in landscape architecture, historic architecture, and biological assessment will work together to create the Specific Plan, Biological Assessment and Design Guidelines. The design team will work throughout the existing conditions analysis and the development of the . conceptual alternatives in, order to ensure a thorough understanding and consideration of all aspects of the project. This close coordination will continue through the development of the Specific Plan and the Design Guidelines, providing the City with a complete, accurate and coordinated package. This emphasis on teamwork will also include two public workshops, to encourage all interested parties, City staff, Council and Planning Commission to participate. The workshops will be "information gathering in nature and will occur as a (1) presentation of the existing conditions analysis, potentials and constraints and (2) the alternative design concepts. Public involvement will strengthen the effectiveness' and success of the ultimate design guidelines. EXPERIENCED TEAM MEMBERS As outlined in the Relevant Project Experience Section of this proposal, each member of the project team brings to the project professional experience directly related to the Cameron Avenue Park "Heritage Gardens" Specific Plan, Biological Assessment and Design Guidelines. This experienced team will assist the City in providing an end result which is aesthetically appropriate, programmatically functional, and economically feasible. The Dike Partnership, Inc.'s computer capability includes 2, 486 IBM compatible work stations with digitizing tablet (36 x 48) and a JDL size C Auto Plotter, utilizing version 11 of AutoCadd/LandCadd. _ 1-3 INTRODUCTION %b'lJ0�5-Ni77f J J 1 PR57^/AIIIIv 71 I� 1 /HE y�y „ • /�27x*' ,•+ram, G9,1rll " O 77ilffWa V • R-rL'ti ITIF.S w. rs. O P P( ) 'l-� /10/ }+ WIMP5 2.0 SCOPE OF WORK, SUMMARY OF FEES AND PROJECT SCHEDULE 2.0 SCOPE OF WORK, SUMMARY OF FEES AND PROJECT SCHEDULE SCOPE OF WORK PHASE 1:. ANALYSIS AND PROGRAMMING PHASE . - Task 1.01 Conduct Kickoff Meeting ' Team Members: TDP, TSA, PA Methodology: Project .team will meet with City Staff to review project scope, ascertain interested parties, refine project schedule, and establish the outline goals and objectives for the project. Task 1.02 Conduct Site Reconnaissance Team Members: TDP, TSA, PA Methodology: Project team will walk the project area with staff, photograph and annotate maps to document existing conditions. Task 1.03 Collect and Review Existing Background Data Team Members: TDP, TSA, PA Methodology: Project team will collect and review all appropriate background data and applicable planning documents, including but not limited to: General Plan, Historical Society Information, Site Survey, etc. Task 1.04 Prepare Photo Boards of Existing Conditions Team Member: TDP Methodology: Photo boards will be prepared to convey the existing site character and specific elements. The photo boards will be tied to a "key map" for reference. SCOPE OF WORK 2-1 Task 1.05 Task 1.06 Task 1.0.7 . Task 1.08 Task 1.09 PHASE 1 Prepare Potentials and Constraints Analysis Map @- V = 50' Team Members: TDP, PA Methodology: Based upon the current site survey, diagrams indicating potentials and constraints for the project -area will be prepared. Prepare Biological Assessment Team Member: PA Methodology: A thorough investigation identifying plant species, fauna and habitats will be conducted. Based upon this investigation, assessments and recommendations will be made for areas that could be enhanced for both plant communities and wildlife. Prepare Historical Analysis and Overview Team Members: TDP, TSA Methodology: Based upon existing historical documentation and historical analysis, an overview will be prepared identifying significant elements of the City of West Covina's past for incorporation into the design framework. Conduct Meeting with City Staff Team Members: TDP, TSA, PA Methodology: Project Team will meet with City Staff to review project findings to date, and receive input. Conduct Community Workshop Team Members: TDP, TSA, PA Methodology: Project Team will meet with the Community to review site potentials and constraints, findings to date, and receive input. EXHIBITS/DELIVERABLES Photo Boards Existing Conditions Analysis Potentials and Constraints Analysis Maps Biological Assessment Draft Historical Analysis and Overview Draft 2-2 SCOPE OF WORK PHASE 2 SPECIFIC PLAN ALTERNATIVES Task 2.01 Prepare Two Concept Alternatives @ V = 50' Team Members: TDP, TSA, PA V Methodology: Based upon the data compiled during Phase 1, (2) alternative concepts for the project area will be developed, to include but not be limited to the following design elements: entries to park parking pedestrian circulation pedestrian linkages park and open space linkages lighting planting concept site furnishings signage historic support structures Task 2.02 Prepare Cross Sections/Elevations/Sketches Team Members: TDP, TSA Methodology: Concepts will be communicated through supporting graphics, which would include slide overlay sketches indicating existing conditions and proposed modifications and cross sections and elevations as necessary to convey site feature relationships and design intent. Task 2.03 Prepare Statement of Probable Construction, Maintenance and Operations Costs for each Alternative Team Members: TDP; TSA, PA Methodology: Statements of Probable Construction, Maintenance, and Operations Costs will be prepared utilizing current unit cost pricing. Task 2.04 Provide Project Funding Research Team Members: TDP, TSA Methodology: Potential funding resources for project implementation will be identified by the Project Team. Funding sources fou this project could include .2-3 SCOPE OF WORK historic preservation grants, natural habitat mitigation and arts program. Task 2.05 Conduct Concept Review Meeting with City Staff Team Members: TDP, TSA, PA Methodology: Specific Plan alternatives and supporting graphics will be presented to and reviewed by City Staff. Task 2.06 Conduct Community Workshop Team Members: TDP, TSA, PA Methodology: The alternative concept plans will be displayed for community review and input. The format of the workshop will be an "open house" with plans displayed and available for viewing and discussion with City Staff and the Project Team. Participants will then be encouraged to fill out a questionnaire summarizing their input to the design process. This questionnaire will be tallied and the results utilized in the refinement of the Specific Plan. - PHASE 2 EXHIBITS/DELIVERABLES (2) Specific Plan Alternatives (provided on colored display boards) Cross Sections/Elevations and Sketches (provided on colored display boards) Statements of Probable Construction, Maintenance and Operations Costs for each Alternative Preliminary Project Funding Analysis PHASE 3 SPECIFIC PLAN PREPARATION Task 3.01 Prepare Refined Specific Plan Map Team Members: TDP, TSA, PA Methodology: Based upon City Staff comments and input from the public workshops, the preferred conceptual alternative or combination of alternatives will be refined. Park entry, orchard, typical trail conditions, and significant "Heritage Gardens" features will be illustrated at an enlarged scale as necessary to convey design intent. SCOPE OF WORK 2-4 Task 3.02 Prepare Special Drawings of Design Elements Team Members: TDP, TSA Methodology: Special design elements will be refined to illustrate design intent. Materials and colors will be provided as appropriate. These elements may include: - entries to park - vehicular circulation - parking facilities - pedestrian circulation pedestrian linkages park and open space linkages historic support structures lighting - planting native habitat enhancement site furnishings signage Task 3.03 Prepare Statement of Probable Construction, Maintenance and Operations Costs for the Specific Plan Team Members: TDP, TSA Methodology: Statements of Probable Construction, Maintenance, and Operations Costs will be prepared utilizing current unit cost pricing. Task 3.04 Prepare Phasing Study for .the Specific Plan Team Members: TDP, TSA Methodology: Based upon current and future impacts to the project area, as determined via discussion with City Staff, develop a phasing plan for implementation of thestreetscape design plan. Task 3.05 Conduct Review Meeting with City Staff Team Members: TDP, TSA, PA Methodology: Project team will meet with City Staff to review progress to date and receive input. SCOPE OF WORK 2-5 Task 3.06 Prepare Draft Specific Plan Report Team Members: TDP, TSA, PA Methodology: Prepare Draft Specific Plan Report based upon input received to date. The Specific Plan Report may include the following: a. Introduction (background, goals, objectives, specific plan process). b. Biological Assessment C. Site Analysis Summary and Plans (site potentials and constraints diagrams). d. Program Development summary. e. Preferred Specific Plan alternative (illustrative site plan). f. Cross sections, elevations, and sketches. g. Architectural Design Guidelines. h. Landscape Design Guidelines. i. Design Elements Exhibits. j. Economic Summary (construction costs, maintenance and operations costs). k. Phasing Program and Implementation Schedule. 1. Technical Appendix. Task 3.07 Conduct Presentation to Human Services Commission Team Members: TDP, TSA Methodology: A presentation of the Draft Specific Plan to the Human Services Commission will be made to obtain their comments and approval. . Task 3.08 Conduct Presentation to the Planning Commission Team Members: TDP, TSA Methodology: A presentation of the Draft Apecific Plan will be made to the Planning Commission to obtain their comments and approval. Task 3.09 Conduct Presentation to City Council Team Members: TDP, TSA, PA Methodology: A presentation of the Draft Specific Plan will be made to the City Council for their. review and comments. SCOPE OF WORK 2-6 Task 3.10 Prepare Final Specific Plan Report Team Members: TDP, TSA, PA ` Methodology: The Draft Specific Plan Report will be revised based upon the comments received to date and prepared for final printing. Task 3.11 Conduct Presentation to City Council Team Members: TDP, TSA, PA Methodology: A presentation to the City Council will be made utilizing the Final Specific Plan Report for their review and approval. PHASE 3 EXHIBITS/DELIVERABLES 40 Copies of the' Administrative Draft Park Specific Plan 25 Copies and 1 Reproducible Copy of the Final Park Specific Plan 1 Copy of the Plan on Computer Disk I Reproducible Copy of the Full Scale Specific Plan Map 1 KP5 Reproducible Copy of the Specific Plan Map SCOPE OF WORK 2"7 SUMMARY OF FEES CITY OF WEST COVINA "CAMERON AVENUE PARK" SPECIFIC PLAN, BIOLOGICAL ASSESSMENT AND DESIGN GUIDELINES PHASE TOTAL 1.0 Analysis and Programming $ 6,680 2.0 Specific Plan Alternatives $ 6,220 3.0 Specific Plan' $10,630 SUBTOTAL $23,530 Reproduction $ 2,000 TOTAL $25,530 t The above Summary of Fees outlines projected costs associated with the Scope of Work contained in Section 2.0 of this proposal. A project fee schedule indicating hours per task -is provided on the next page. Completed work will be invoiced on a monthly basis. Reimbursable expenses included in the above summary include: • Blueprinting Postage • Xerox • Deliveries by Courier • Telephone/facsimile • Photography The Dike Partnership, Inc. maintains the following insurance coverages: • Statutory Worker's Compensation • Comprehensive General Liability • Automobile Liability • Professional Liability The Dike Partnership, Inc. will provide the City of West Covina with "Certification of Insurance" at a time appropriate to the award of a Contract for Services. SCOPE OF WORK 2-8 I I F I 1 I ;- .1 I. PROJECT FEE SCHEDULE CAMERON PARK " HERITAGE GARDENS " SPECIFIC PLAN, BIOLOGICAL ASSESSMENT AND DESIGN GUIDELINES TOTALSPHASE 1: II ©©©v©©©oo©aQ I II II ro 1 . 1 ■■F■mmmu�..�__F■1_� 1 . m"mm t©��t�i!•i!♦t!♦t101!♦l!♦l!♦l!♦ 1 • • � • • 1 sr1-1�� 1. • . ��mm -r: 1' 1 I • 1 • a• FFFFFt1�'�I� FFFF_6'1' FiY.II' 1: 1 •1 1 Il�I���tl•n�l��lli1•�� 1 PHASE F TALS 1 • • �nt1��i�n����� �Y� 1' • 11 t��t0' F�■■�rdl■�■ �, = CEO=1 nA�l��ll!♦�I!♦IIl•Ilnlll•� � �I� 1 2.06 COMMUNITY WORKSHOP �T :IJ� ■Fatal:lam F TOTALS ;; I I FF�•:fl!♦ Ili III I I 1 I � 1 ���■' Fal__fi �a._F_ 3.02 SPECIAL DRAWINGS 1.04 PHASING•f3'F_rFs_FSFai_F_ 3.05 CITY STAFF REVIEW ■■F�W�_tF!___FFiF■_� 1COMMISSION■F■F■F■__■�i__F___i 1' • 1 1 ■F■F■Fi_F_■■�_�FSF__� ■Fi■Y■■:1♦_■■aF■_a.■■FFFa■_ate 1 FINAL SPECIFIC3.11 CITY COUNCIL APPROVAL 1 I Jim! t I: PROJECT SCHEDULE CAMERON PARK " HERITAGE GARDENS " SPECIFIC PLAN, BIOLOGICAL ASSESSMENT AND DESIGN GUIDELINES I Af%LTgm 1 , I , I Z 1 d 1 1 1 PHASE I: ANALYSIS AND PROGRAMMING 1.01 KICKOFF MEETING 1.02 SITE RECONNAISSANCE 1.03 EXISTING DATA REVIEW 1.04 PHOTO BOARDS 1.05 POTENTIALS AND CONSTRAINTS 1� 1.06 BIOLOGICAL ASSESSMENT 1.07 HISTORICAL ANALYSIS AND OVERVIEW 1.08 CITY STAFF MEETING 1.09 COMMUNITY MEETING PHASE II : SPECIFIC PLAN ALTERNATIVES 2.01 CONCEPT ALTERNATIVES 2.02 SECTIONS / ELEVATIONS / SKETCHES AINRNINI�I 2.03 SPCC AND SPOC 2.04 PROJECT FUNDING RESEARCH �1Nww■le 2.05 CITY STAFF MEETING 2.06 COMMUNITY WORKSHOP. PHASE III: SPECIFIC PLAN 3.01 REFINED SPECIFIC PLAN MAP 3.02 SPECIAL DRAWINGS 3.03 SPCC AND SPOC 3.04 PHASING STUDY 3.05 CITY STAFF REVIEW 3.06 DRAFT SPECIFIC PLAN 3.07 HUMAN SERVICES COMMISSION 3.08 PLANNING COMMISION 3.09 CITY COUNCIL REVIEW 3.10 FINAL SPECIFIC PLAN 3.11 CITY COUNCIL APPROVAL 9 SCHEDULE OF HOURLY RATES THE DIKE PARTNERSHIP, INC. Principal $ 90.00 per hour Project Landscape Architect $ 80.00 per hour Job Captain $ 50.00 per hour Professional Staff $ 35.00 per hour THIRTIETH STREET ARCHITECTS, INC. Principal $100.00 per hour Project Architect $ 80.00 per hour Draftsperson/CADD $ 60.00 per hour PERRY ASSOCIATES Principal $ 90.00 per hour Project Manager $ 70.00 per hour SCOPE OF WORK 2-9 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, made and entered into this day of , 19_, between the CITY OF WEST COVINA, a Municipal Corporation, hereafter referred to as "City" and - , hereinafter referred to as "Consultant". WITNESSETII: WHEREAS, the City has , hereinafter referred to as "Project"; and WHEREAS, the Consultant has met with the City to discuss the scope of services for said Project; and WHEREAS, the Consultant has the necessary skills and qualifications and licenses required by law to perform the services required under this Agreement in connection with said Project; and WHEREAS, the City desires"to retain the Consultant for services hereinafter described in connection with said Project; and WHEREAS, the City Council at a regular meeting held on the th day of a 19 , authorized the Mayor and City Clerk to enter this Agreement. NOW, THEREFORE; it is hereby agreed by and between the parties that: 1. DEFINITIONS. As used in this Agreement, the following definitions shall be applicable: a. Consultant. Consultant shall mean a (California Corporation, partnership, individual) located at b. C i ►. City shall mean the City of West Covina, a Municipal Corporation, located at 1444 West Garvey Avenue, West Covina, California 91790. West Covina. C. ICity Council. City Council shall mean the City Council of the City of d. Services. Services shall mean the services to be performed by the Consultant pursuant to. this Agreement. agree -cons - 1 - 4 e. Satisfactory. Satisfactory shall mean satisfactory to the City Engineer of the City of West Covina, and 2. SCOPE OF SERVICES. Consultant agrees to perform for, and furnish to, the City the services described in the proposal attached_ hereto as Exhibit "_", dated 19 , which proposal is modified as follows: 3. YAYMEN'1'. Notwithstanding any other provisions of this Agreement, upon satisfactory completion of the services hereinabove described in "SCOPE OF SERVICES", the Consultant shall be compensated based upon the actual time spent on the project at the Consultant's standard hourly rates attached hereto as Exhibit " ", but in no event shall the total amount exceed Payments shall be as follows: Upon satisfactory completion of payment shall be for the actual time spent at the Consultant's standard hourly rate, but shall not exceed percent of the total fee payable. Upon satisfactory completion of , the final payment shall be paid for the actual time spent on the project at the Consultant's standard hourly rate, but shall not exceed percent of the total fee payable. Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. 4. TIME FOR PERFORMANCE. The Consultant agrees that it shall diligently and responsibly pursue the performance of the services required of it by this Agreement and that said services shall be completed within (working) days after the execution of this Agreement in accordance with the Project Schedule attached hereto as Exhibit If a delay beyond. the control of the Consultant (in J is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to (tie City to substantiate any request for a time extension. 5. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Consultant at least fifteen (15) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under egte"ons - 2 - this Agreement, unless the notice provides otherwise. Within thirty-five (35) days after service of said notice, the City shall pay the Consultant the total value of the services rendered by the Consultant to the date that. work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. 6. BREACH OF CONTRACT. If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event_ that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. ' BANKRUPTCY. The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should: a. b. C. d. e. Be adjudged a bankrupt; Become insolvent or have a receiver of its assets or property appointed because ofinsolvency; Make a general assignment for the benefit of creditors; Default in the performance of any obligation or payment of any indebtedness under this Agreement; Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or f. Institute or suffer to be instituted any procedures for reorganization or _ rearrangement of its affairs. S. OWNERSITIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original I documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of'the Consultant. 9. INUEI'ENDEN'1' CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or agents, except as herein set forth. The Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. 10. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way.affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 11. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall, be served by registered mail, postage prepaid, return receipt requested, addressed to the City Engineer of the City of West Covina at Post Office Box 1440, West Covina, California 19793, and to the Consultant at unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal Service. , This shall be a valid and sufficient service of notice for all purposes. 12. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any moneys due hereunder, without the prior written consent of the City. Because of the personal nature of the service to be rendered pursuant to this Agreement, only ( name of individual ) and ( name of individual ) shall perform the services described in the SCOPE OF SERVICES. agree -cons and may use assistants, under their direct supervision, to perform some of IZE ,• i the services under this Agreement. l Consultant shall provide City fourteen (14) days' notice prior to the departure of employ. Should or leave Consultant's employ, the City shall have the option to immediately terminate this Agreement within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be the value to the City of the services rendered. 13. LIABILury 1NSURANC. The Consultant shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this Agreement a policy of comprehensive liability insurance in which the City is the named insured or is named as an additional insured with the Consultant and shall furnish as Certificate of Liability Insurance to the City Engineer before execution of this Agreement by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: a. Include the City as the insured or named an additional insured covering the services' to be performed under this Agreement, whether liability is attributable to the . Consultant or the City. b. Insure the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with, the Agreement. C. provide the following minimum limits: Bodily Injury - $250,000 each person $500,000 each occurrence $500,000 aggregate products and completed. operations Property .Damage - $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent- to the required minimum limits. The Consultant may file insurance agree -cone -5- 1 acceptable to the City covering more than one project. d. Bear an endorsement or shall have attached a rider whereby it is provided. that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before expiration or cancellation is effective. 14. WORKERS' COMPENSATION INSURANCE. Before execution of this Agreement by the City, the Consultant shall file with the City Engineer the following signed certification: I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work. 'Fite Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City Engineer before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section. Every compensation insurance policy shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, giving the Consultant a sufficient time to comply with r applicable law, but in no event less than thirty (30) days before expiration or cancellation is effective. 15. ATTORNEY'S FEES. Should any litigation be commenced between the parties hereto concerning the provision of this Agreement, the prevailing party in such litigation shall be entitled to recover a reasonable sum as attorney'.s fees, in addition to any other relief to which the party may be entitled in law or equity. . 16. . INDEMNIFICATION CLAUSE. Neither party hereto shall be liable for, and each party shall indemnify, defend and hold harmless the other party from, any claim, agree -cons - 6 - t loss, liability or expense, including reasonable attorney's fees, court costs and necessary disbursements, for any damage whatsoever, including but not limited to, bodily injury, death or injury to property, proximately resulting from any act or omission of the other party, its officers, employees, agents or contractors in the performance of this Agreement. 17. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto and supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. 18.EfE(' I_I�E UA'1'E ANU NUMBER tZF(�t !'ll$. 't leis Agrec�iient is m:�cle in three (3) duplicate originals and shall be effective from and after the date it is signed by the representatives of the City. CONSULTANT By: Title: Date: Approved as to form: City Attorney egre"one CITY By: Title: Date: ATTEST: _7- City Clerk l