1 PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of October 11, 2022, by and between the City of Commerce, a municipal corporation ("City") and Hirsch & Associates, Inc. (HAI) (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent contractor to prepare concept plans, design plans, specifications and engineer’s estimate for the beautification of the raised island at S Eastern Ave and Southbound I-5 freeway as set forth in the Scope of Services attached hereto as Exhibit A; and WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:
1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.
2. Term of Agreement. This Agreement shall commence on October 11, 2022 (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.
B. Total payment to Consultant pursuant to this Agreement shall not exceed $106,210.00.
C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; 2 (II) are accompanied by a copy of the City’s written authorization for Consultant to incur such expenses; and (III) receipts documenting such expenses.
4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control.
5. Addresses.
City of Commerce
City of Commerce
2535 Commerce Way
Commerce, CA 90040
Attn: Edgar P. Cisneros, City Manager
Hirsch & Associates, Inc.
2221 E Winston Road, Suite A
Anaheim, CA 92806
Hirsch & Associates, Inc. (HAI)
Attn: Charles Foley, President
6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.
Exhibit A – Scope of Services and Compensation Schedule Exhibit B – General Terms and Conditions
SIGNATURES ON FOLLOWING PAGE
1 EXHIBIT A
SCOPE OF WORK
City of Commerce 8-29-22
Purchasing Manager
2535 Commerce Way
Commerce, Ca. 90040
Proposal – S. Eastern Ave. at SB I-5 Freeway
Raised Island Beautification
Hirsch & Associates, Inc. (HAI) has creative and extensive experience in all aspects of design required to lead this project and is pleased to present our proposal for design and coordination. Our diverse project experience shall provide a complete and successful delivery of the Beautified Streetscape and Entry Monument. We have effectively designed streetscapes that included renovation of hardscape, water saving irrigation systems and drought tolerant plantings that maintained construction costs within budget.
We are uniquely qualified having;
• Project recognition by the California Park and Recreation Society in being presented (3) Special Award of Excellence, (10) Environmental Planning Awards, (3) APWA Project of the Year Awards, Southern California Chapter and (5) Awards of Merit for park planning and design. • Design and development of over (15) streetscape master plans and construction documents throughout California. • Expert understanding of the latest in design standards with respect to design of sustainable attributes, storm water retention/infiltration, site grading and drainage and Water Efficiency Landscape requirements/AB1881 Water Reduction requirements.
• On Staff Water Auditor and in house design of all irrigation design. • Current relevant experience with Caltrans designing and permitting freeway landscape and irrigation. We are currently working with the City of Murrieta on Winchester Road which is Caltrans right of way, City of El Segundo on their new Entry Monument at Main and Imperial, completed design, permitted and oversaw construction of landscape and irrigation for the 57 N Bound freeway widening. Past history of Caltrans work includes the Cerritos Entry Gore water feature on 91 freeway at Cerritos Towne Center, various beautification of City/Caltrans medians within Cerritos, environment enhancement tree planting and beautification of the 57 freeway through Diamond Bar as well as many other successful Caltrans/City partnership projects.
I will provide personal service and attention to the City of Commerce. My contact is: [email protected], 714.776.4340 x107. I will have direct and continuous responsibility in all matters dealing with planning and design as well as direct our in-house design staff, sub consultants and attend City meetings. I shall be the contract point of contact and am duly authorized to bind HAI contractually with the City.
HAI and our team will deliver an inspired approach to the design of this project which shall be our highest priority. We are thankful and very fortunate to have this opportunity to establish a working relationship with the City of Commerce.
Firm Profile
Hirsch & Associates, Inc. HAI established in 1977 and incorporated in 1988 is a leading landscape architectural and multi-discipline firm created to serve as a knowledgeable and valuable resource to public agencies and private developers. Our goal is to maintain balance between design and economics by furnishing client oriented services tailored to meet the needs of individual projects in a creative, innovative, sustainable and cost effective manner.
The knowledge gained on a wide range of projects allows the professional staff of Hirsch & Associates, Inc. to provide each client with experience and understanding of the decision making process, design parameters, construction standards, water conservation requirements and current maintenance practices. This equates to wellconceived projects.
HAI maintains a single office in Anaheim California with network capabilities for remote access and production. We are comprised of (2) Licensed Landscape Architects, (1) Licensed Landscape Contractor and Water Auditor, (4) Technical Staff Members, (1) Office Manager and (1) Corporate Accountant.
Approach
Through our strong commitment to professional integrity and personal service, Hirsch & Associates, Inc. is dedicated to providing the comprehensive services necessary to achieve a successful project from conceptualization through completion of construction. Our innovation and employment of advanced technologies, proven multi-discipline approach and demonstrated success of each project support this commitment.
Hirsch & Associates, Inc. understands the many and varied responsibilities and pressures placed upon our clients through the design and development process. Accurate design and quick response from highly qualified professional staff members is hallmark to the services we provide. Long term client relationship is our ultimate goal.
Philosophy
Planning, designing and building a project to meet today’s needs is an all-inclusive challenge. The practice of landscape architecture has become an integrated team effort, carefully considering the needs and desires of the people who live, work and play within the projects we design. As landscape architects and planners, we have a responsibility to the public to create functional environments. The knowledge to design these environments is obtained from two sources, our past experience; which help us provide practical and timely designs within budget restraints, and our vision of the future; which gives our designs life and meaning that will grow beyond the present.
Sub-Consultants
All sub consultants have worked with HAI for over 10 years and are specifically selected for the scope of this project.
They have been integral team members on a variety of renovation projects with HAI.
Pacific Land Consultants – Chris Vassallo, PLS, Survey www.plcsurveying.com Wallace Labs – Garn Wallace, Agricultural Soil Suitability and Infiltration Testing www.wlabs.com IDS Group – Michael Reed, Electrical Engineering/Structural Engineering (Monument Sign Footing) https://www.idsgi.com/ Project Team Members HAI
The following staff members and their responsibilities are as follows. Technical/Drafting staff members are not listed.
Charles Foley, ASLA Licensed Landscape Architect, President………………Principal in Charge Mark Hirsch, Licensed Landscape Contractor (C-27),
AI Certified Irrigation Designer and Water Auditor…………………………Senior Project Manager Pam Brown, ASLA Licensed Landscape Architect……………………………........Senior Designer Qualifications
Project: Catalina Avenue Masteplan Contact: Andy Winje, City Engineer Client: City of Redondo Beach 310-318-0661 x2431
Completed: Design 2020 – Construction hold pending finding Project Description
HAI was charged with providing a plan to reduce water use within the existing medians of a 1 mile section of Catalina Avenue. The design includes removal of turf grass and trees that are damaging curbs and paving. Introduction of a drought tolerant planting palette, new hardscape materials at the back of curb and narrow median portions providing safe maintenance access as well as decorative eye interest. All materials selected to reduce maintenance and water usage. A smart controller system was planned and HAI introduced a manufacturer of a California made controller system who has initiated a pilot program with the City to demonstrate water saving capabilities.
Project: 2nd Street Renovation Contact: Eric Lopez, Director of Public Works Client: City of Long Beach 562-570-5690
Completed: December 2017
Construction Cost: $3 Million
Project Description
As part of our On Call services, HAI conducted community meetings and garnered community support for this renovation project within the busy shopping district known as Belmont Shore. From the approved conceptual plan, HAI and our sub consultants prepared construction drawings and obtained permits to remove existing Ficus trees and hardscape, design for new highly efficient irrigation system, raised planters, renovate electrical system and addition of new LED decorative column lights and tree lighting and new decorative hardscape. HAI provided construction support services throughout construction for this 3,500’ section of 2nd Street.
Project: Garey Avenue Beautification Contact: Matt Pilarz, Senior Civil Engineer Client: City of Pomona 909-620-3652
Completed: November 2017, Awarded the SoCal 2018 APWA Traffic, Mobility and Beautification Award Construction Cost: $2.7 Million
Project Description
Garey Ave beautification includes a new 10-14’ wide landscape median for a 2 mile portion of the street. The design includes drought tolerant landscape, inverted grades to collect storm water within the medians and infiltration chambers. A rock cobble hardscape pattern reflective of a stream winds through the landscape. In addition, parkway trees were added to both sides of the street. HAI prepare all conceptual design, construction documents, specifications and estimates for this project as well as provided construction support.
Project: El Segundo Entry Monument Contact: Cheryl Ebert, Senior Civil Engineer Client: City of El Segundo 310-524-2321
Completed: In Design, Completion expected 2023
Construction Cost: $450,000
Project Description
HAI has prepared 3 conceptual designs for the new City Monument at Main Street and Imperial Highway. Staff has selected 2 of the designs for review and selection of City Council which will occur in early September. One design is reflective of an Old Time Postcard theme related to the City. The second design reflects the Character of El Segundo featuring an abstract time line from natural environment, then agriculture, industrial revolution, commerce, technology and future growth.
Additional Notable Projects
Butterfield Stage Road, Temecula, CA
Murrieta Hot Springs Road, Temecula, CA
Evans Road, Perris, CA
Winchester Road, Murrieta, CA
Valley Springs, Riverside, CA
Warner Avenue Improvements, Irvine CA
Barranca Parkway Improvements, Irvine CA
Los Coyotes and Dale Street Improvements, Buena Park CA Western Avenue Improvements, Buena Park CA
Grand Avenue Improvements, Diamond Bar CA
Orangethorpe Median Improvements, Fullerton CA
Bastanchury Road Improvements, Fullerton CA
Garfield Avenue Improvements, South Gate CA
Golden Springs Drive, Diamond Bar CA
Firestone Boulevard Landscape Improvements, South Gate CA City Entry Signage, Alhambra CA
Cerritos Town Center Streetscapes, Cerritos CA
East Holt Parkway Improvements, Ontario CA I-10/Mountain Avenue Interchange, Ontario CA Media City Freeway Landscape, Burbank CA - CALTRANS
57/60 Freeway Environmental Enhancement Beautification, Diamond Bar CA - CALTRANS 91 Freeway Cerritos Town Center Waterfall and Entrance Area, Cerritos CA - CALTRANS 91/605 Freeway Interchange Landscape Master Plan, Cerritos CA - CALTRANS 405/Beach Boulevard Master Plan & Phase I Development, Huntington Beach CA - CALTRANS 57 North Bound Widening from Yorba Linda Blvd. to Lambert Road - CALTRANS Work Plan
Basic Services. Perform all the necessary professional landscape architectural and engineering services in a timely and professional manner consistent with the standards of the profession.
Project Management. Provide overall project management, project scheduling and consult with all parties and team members throughout the entire length of the project. Meet with City Staff, and others as directed to establish communications and formulate working relationships.
City Provided Information. The City shall provide all existing documentation it has on file for the project that may include existing utility locations and depths, right of way limits, copies of easement documentation, list of agencies having jurisdiction over the project, and the contact person for the agency, street improvement plans and storm drain plans. HAI, Hirsch & Associates, Inc will make a good-faith effort to verify the accuracy of such information and utilize it in the preparation of the final working drawings and specifications.
Communication. Participate in consultations and conferences with City Staff and other agencies having jurisdiction over the Project that may be necessary for the completion of the Project. Such consultations and conferences shall continue throughout the project duration. Communication will include a combination of email, telephone/Zoom/Microsoft and in person meetings at City Hall and/or project site.
Project Feasibility. Provide advice and assistance in determining the feasibility of the Project, analyze the type and quality of materials and construction methods to be selected, and other initial planning matters.
Budget. Use our best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution to maintain the City’s stated budget.
Quality Control/Quality Assurance
HAI has developed a design quality process for the presentation of deliverables that is consistent and replicable for each deliverable document. Each formal submittal prepared by HAI and team members shall be; • Reviewed by independent technical staff of the discipline involved. • Reviewed for coordination and possible interferences by design staff of other disciplines involved. • Checked by Project Manager for design certification and/or certifies comments for revisions. • Certified that all comments have been incorporated, checked and back checked in accordance • Drawings stamped for internal audit as reviewed, checked and back checked. Once all three quality control checks have been completed, documents are ready for delivery.
Scope of Work
Task 1 – Administration
This task includes the project management services including the requirements for meeting documentation, project schedules, progress reports, invoicing, and administration of Consultant work. Attendance of all coordination meetings including the Kick Off meeting and documenting minutes.
Deliverables: Project Schedule, Progress Reports, Meeting Notes and invoices.
Scope of Work - Site Design
Task 2 – Conceptual Design/Design Development
Review existing data, such as as-builts, pertaining to the Project Survey
- Conduct Survey Records Research.
- Establish Survey Control in field.
- Locate visible centerline intersection monuments.
- ConductTopographic Survey to locate hardscapes, landscaping, visible evidence of utilities and irrigation, trees.
- Prepare Survey Base Map reflecting results of Topographic Survey - Base Map will be overlaid with centerline of surveyed street, including intersecting cross streets, and centerline of surveyed street will be stationed.
- Base Map will be provided as a continuous file, in AutoCAD-compatible format, for each street.
Note: Monuments at centerline intersections and BCs/ECs of surveyed streets will not be tied out with this survey.
Contractor is responsible for locating and tying out all monuments that will be within the limits of construction and file Corner Records with the County Surveyor’s office.
Photo document existing conditions
Conduct Soil Testing:
1. Take two samples along Eastern Avenue and measure the rate of water percolation at two locations
2. Analyze two soil sample for essential and nonessential elements listed on page 2, pH, presence of limestone, salinity, soil texture, organic matter content and carbon:nitrogen ratio.
3. Interpret the soil analyses and other findings in writing. Recommend specifications for soil preparation, drainage, planting, reuse of soil and site maintenance. Conduct Site Analysis to identify opportunities and constraints of the project site. Review survey and field condition.
Develop provisions to accommodate existing and new utility facilities (e.g., maintained in place, removed, adjusted, abandoned, or installed).
Effectively identify utility locations and resolve conflicts on proposed plans to keep the project on schedule.
Prepare Conceptual Design plans utilizing the formal survey as the base sheet. The Conceptual Design Plan will include the proposed plant palette and proposed tree locations. Included will be locations of proposed hardscape and alternate options for consideration (cobble/colored concrete/seeded concrete etc.) Include color images exhibits of all plant and hardscape material proposed. Review existing electrical system and determine feasibility for new site lighting for the monument. Should existing not be a candidate for expansion, contact SCE and coordinate for new service. Present City Staff 2 design concepts and estimate. Revise as needed based on input received. Provide revised concepts to City Staff for review and comment. The revised exhibits shall be color rendered plan and elevation exhibits, material images of all proposed manufactured products. The imagery shall be presentation quality suitable for distribution and display. Prepare a preliminary construction cost estimates for each concept. Conduct (1) public presentation to City Council of the proposed selected option of the design for approval. Meet with City Staff to review design concepts and estimate. Revise as needed based on input received. Meet with Caltrans Staff to review the project and obtain input. Prepare presentation color renderings and prepare product material boards of all proposed amenities and options.
From input received, finalize a single design concept based on council input. Provide design boards of revised concepts to City Staff for review and comment.
Deliverables: Preliminary Design Concept Drawings and estimate (AutoCAD version compatible with City and PDF). Renderings of the design concept and amenities exhibit featuring photos of proposed materials (.
Site Survey (AutoCAD version compatible with City and PDF). Preliminary Construction Cost Estimate (PDF).
Meeting Minutes and Supporting Documentation.
Scope of Work - Site Design
Task 3 – Construction Documents
Includes Bi Weekly status meetings, reports of work, schedule updates and meeting minutes of all communication and action items.
HAI is responsible for developing and assembling Contract Construction Bid Documents (“Bid Documents”) for advertisement and bidding the Project for construction. The Bid Documents shall in include all necessary Landscaping/irrigation to be constructed including infiltration accommodation, Construction Plans and supporting documentation for a complete biddable set. Furthermore, HAI shall provide Technical Specifications and Cost Estimates associated with the design plans. All Bid Documents shall be prepared and stamped by a CA licensed Landscape Architect. The design shall comply with all latest applicable codes, guidelines, and standards.
Plans to be drawn at 1”=20’ and include the following:
• Title/Index Sheet
• Demolition/Protection Plan
• Site/Grading and Drainage Plan for inverted medians
• Erosion Control Plan
• Construction Plans and Details, notes (hardscape)
• Monument Sign plan, section and elevation with details. • Landscape Plans, Details and notes
• Irrigation Plans, Details and notes with water use calculations • Technical Specifications – City shall prepare the boiler plate specifications • Probable Construction Cost Estimates with back-up/support information on quantities and unit prices.
The Plan format, standard construction notes, and sheet borders shall be commensurate with City/Caltrans standards.
Deliverables:
• 65%, 95% Full Set Construction Set Drawings(AutoCAD version compatible with City and PDF) • 65%, 95% Contract Technical Specifications (Word and PDF) • 65%, 95% Engineers Estimate (Excel and PDF)
• Supporting Design Documentation/Calculations (Word, Excel, and PDF) All applicable plans, technical specifications and construction cost estimates shall conform to City/Caltrans templates. All submittals shall be thoroughly checked as part of the Consultants QA/QC program, inclusive of any independent plan check process. All redlines shall be attached to each re-submittal with a summary matrix of comments, edits, and responses provided noting where the revisions have been incorporated into the specific deliverable as necessary.
FINAL DESIGN DELIVERABLE FORMAT
From Plan Check Review Comments
Final Bid Package Submittal (100% PS&E):
• Full Construction Bid Ready Plans (1 PDF file for City duplication and printing and Autocad files) • Specifications (PDF and DOC file formats)
• Project Cost Estimate (Excel file, and PDF)
• All Supporting Documents(PDF and/or DOC)
Task 4 – Bidding
• HAI team shall be available throughout the advertisement and bidding period to provide technical assistance to the City. This requires assistance with bidder's inquiries, preparation of addenda, and attendance at the pre-bid field meeting. Bidding procedures shall be the responsibility of the City Deliverables: pre-bid meeting notes, comments on requests for information, plan/specification revisions, addendums to bid
Task 5 – Construction Support
• Prepare the Pre-Construction meeting agenda for the City’s review. The following items will be reviewed at the Pre-Construction meeting:
-Plans, Specifications and Inspection Process
-Submittals and the approval process
-Impacted Utilities, Coordination with the City, Departments, and other impacted agencies -Coordination with schools, residents, businesses and similar entities -Public Notices, construction schedule, and traffic control (if needed) -Encroachment Permits, if any
-Agreed communication
-Weekly Statement of Working Day Reports, contract time and progress meetings -Contract Change Order (CCO) process
-Final project walkthrough, punch list items, preparation of as-built drawings and project acceptance • Conduct preconstruction meeting with City and Contractor. Prepare meeting minutes and distribute to all parties.
• Review contractor payment requests and provide City opinion of work completed. • Coordinate with City project manager, city staff and inspector as necessary during construction. • Review contractor prepared construction schedule and verify adherence during the life of the project. Update schedule and progress verification as field operations continue and change original schedule. • Review and approve product submittals and shop drawings in accordance with construction documents. • Attend on-site project meetings to review work of the contractor. Prepare written reports of meetings for distribution to all parties. Meeting shall occur a minimum of 1 per week. Document what work is taking place and compare to project schedule. Photo document and include in project log of meetings and minutes. • Coordinate with all parties by telephone, fax and e-mail as necessary. • Observe and approve all soil preparation material, planting methods, and finish grading prior to planting. Visit local Nursery and tag plant material for project (3 Nurseries) • Observe the inspection of the installation of all landscape and irrigation equipment. • Respond to contractor’s Request for Information (RFI’s) and other questions during project construction. • Conduct substantial completion review and Contractor and prepare punch list. Review and approve punch list items upon their completion.
• Conduct final project review upon completion of 30-day plant establishment and 60-day landscape maintenance periods, and issue letter of acceptance to the City. • Review and approve all contractor supplied closeout items, manuals and charts for irrigation system.
HAI Resumes
Charles Foley, ASLA
President Education: B.S. Landscape Architecture, California State Polytechnic University Years with Firm: 25 Registration: Landscape Architect CA#5567 Experience
Mr. Foley joined Hirsch & Associates, Inc. in 1996 and has increased his capacity with the firm from draftsman to his present position of President. He is responsible for the design and development of a wide range of projects for both public and private development including Streetscapes, Commercial/Retail Centers, Master Planned Residential Community Development, Specialty projects such as Memorials and Water Features as well as Park and Recreation design. Mr. Foley is responsible for client contract negotiations, oversight of staff and project consultants, delivery of product to clients as well as client relationships.
Mr. Foley has proven his design capabilities and project management with award winning projects for both public and private sectors. Awards include Awards of Excellence in for Rotary Centennial Park, City of Long Beach; and Barnes Park, City of Baldwin Park from the California Park and Recreation Society. Master Plan and construction oversight of Cesar Chavez Park, City of Pomona won an Award of Excellence and the Creating Community Award of Distinction, presented by the California Parks and Recreation Society, APWA Southern California Project of the Year awards.
Mr. Foley will be in charge of the streetscape design and development for the entire life of the contract. He will be the Architect of Record and manage all staff and sub consultants as well as control schedule.
Affiliations
American Society of Landscape Architects (ASLA)
ASLA Mentor
California Park & Recreation Society Continuing Education Presenter Mark Hirsch, IA
Vice President Education: A.A. Construction Management, College of the Redwoods Years with Firm: 23 A.A. Horticulture, Fullerton College Registration: Licensed Landscape Contractor, CA #956898 Certified Irrigation Designer, Certified Water Auditor #84847 Experience
Mr. Hirsch has 30 years of experience in the landscape design and construction industry. Before joining Hirsch & Associates, Inc. 1998, Mr. Hirsch obtained experience working for a General Contractor, installing all aspects of landscape construction.
Mr. Hirsch has continued to increase his capacity at HAI, starting from draftsman to his current title of Vice President and Senior Project Manager. Accomplishments during his professional career including Autodesk/AutoCAD certification, certified irrigation designer and certified water auditor. Mr. Hirsch is a licensed landscape contractor in the State of California.
Mr. Hirsch will manage the design of the project with input from Charles Foley. He will specifically look at constructability and irrigation renovation/redesign, production of documents.
Affiliations
IA Irrigation Association
California Landscape Contractor Association
California Park & Recreation Society
Pamela Brown, ASLA
Senior Designer Education: B.S. Landscape Architecture, California State Polytechnic University Years with Firm: 14 Registration: Landscape Architect CA#5567
Experience
Ms. Brown joined Hirsch and Associates, Inc. in 2007 with 4 years of previous experience at a large multi-disciplinary firm in their Landscape Architecture division where she collaborated on projects with architects, engineers, and environmental planners. Ms. Brown works closely with clients and sub consultants to develop various projects from conceptualization through design development and lastly to construction documents and support. Ms. Brown has been involved with a wide range of projects such as award-winning Park and Recreation Facilities, Sports Parks, Commercial Retail Centers, and Streetscape Beautification. She has also been involved with the design of Specialty projects such as: water features, water catchment systems for on-site irrigation use, and rain garden features that utilize plant material for contaminant filtration.
Ms. Brown shall be involved in the project the life of the contract. She will be responsible for design and creative development of concepts, production of documents. During the construction phase she will assist Mr. Foley and Mr.
Hirsch providing back up of design intent technical support.
Affiliations
American Society of Landscape Architects, ASLA
TIME SCHEDULE
Hirsch & Associates Inc., maintains sufficient staff to provide all services in a prompt and timely manner.
PROFESSIONAL FEE SCHEDULE
Professional fees and hourly rates for services stated include all costs for general overhead, profit, and telephone, clerical, travel and incidental expenses.
Principle Landscape Architect $175/hr
Project Manager $115/hr
Senior Designer $95/hr
Designer $85/hr
Clerical $70/hr
Reproduction / Printing Cost Plus 10%
1 EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Commerce or otherwise act on behalf of Commerce as an agent.
Neither the City of Commerce nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement.
Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Commerce.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of a wholly independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.
D. Consultant represents to the City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Affordable Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, including Consultant’s failure to comply with Consultant’s duties, obligations, and responsibilities under the Affordable Care Act.
Consultant further agrees to defend, indemnify, and hold the City harmless for any and 2 all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.
2. Standard of Performance
Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. No additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by Consultant’s performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub consultant or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.
3 4. Insurance.
A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses; (IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved 4 by the City’s Risk Manager.
D. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Management,” City of Commerce, 2535 Commerce Way, Commerce, California, 90040. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".
F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.
5. Release of Information/Confidentiality.
A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. Consultant’s covenant under this section shall survive the termination of this Agreement.
5 B. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response
6. Ownership of Work Product.
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi¬fied and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents 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. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. 6 B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.
8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serving upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).
Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination.
Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.
10. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
7 B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes 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. Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
14. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.
15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
16. Attorney's Fees. In the event that either party to this Agreement shall commence 8 any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.
17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non-binding arbitration.
19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
20. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.
21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.
22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” 9 herein means an event which is beyond the reasonable control of a Party, including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.