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CONTRACT 5974A Amendment CLOSEDAgreement No. 5974A FIRST AMENDMENT TO AGREEMENT NO. 5974 BETWEEN THE CITY OF EL SEGUNDO AND TAVI DESIGN GROUP ENG 21-04: LIBRARY PARK LANDSCAPE DESIGN SERVICES THIS FIRST AMENDMENT ("Amendment") is made and entered into this 25th day of June 2021, by and between CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ("CITY"), and TAVI DESIGN GROUP ("CONSULTANT"). 1. Pursuant to Section 34 of Agreement No. 5974 ("Agreement"), in addition to the amount set forth in Section 1(C) of the Agreement, the City agrees to pay CONSULTANT an additional sum not to exceed Four Thousand, One Hundred Dollars ($4,100.00) for CONSULTANT's services at rates specified in Exhibit B. City may adjust such amounts in accordance with the Agreement. The total amount of the contract not to exceed $20,100.00. 2. This Amendment may be executed in any number of counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 5974 will remain the same. [SIGNATURES ON NEXT PAGE] 1 Agreement No. 5974A IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written. CITY OF EL SE UNDO, Elias Sas oon, Director of Public Works ATTEST: 5LS�� for Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: David H. King, Assistant City Attorney 67 Name- Tavi Perttula Title: President Taxpayer ID No. 47-1754771 2 Agreement NAB TAVI DESIGN GROUP 2341 27th Street Santa Monica. CA 90405 June 25, 2021 Library Park El Segundo Public Library 111 West Mariposa Avenue El Segundo, CA 90245 c/o Melissa McCollum mmccollum@elsegundo.org ADD SERVICE PROPOSAL Add Service agreement for Irrigation Design Services for Library Park at El Segundo Public Library Dear Melissa, Please find the add service terms for the Library Park located at 111 West Mariposa Avenue, El Segundo, CA 90405. This proposal and contract will define the agreement between El Segundo Public Library (Owner) and Tavi Design Group (TDG). Scope shall include following areas: Assess existing irrigation along revised pathways and storybook stations. Provide updated irrigation design for areas impacted by proposed landscape improvements Add Services (as shown in enclosed Sweeney and Associates Revision Agreement dated June 22, 2021) Pre -Design Site Visit Irrigation Revisions Fees: Pre -Design Site Visit $ 1,200 Irrigation Revisions $ 2,900 TOTAL $ 4,100 Please call if you have any questions regarding this proposal. If it appears to be in order, please return a signed copy and a retainer of $2,000 to this office. We look forward to working with you on this project. Sincerely, Tavi Design Group Tavi Perttula, ASLA, LEED AP TAVI DESIGN GROUP Date: Accepted By: 310.359.6789 OFFICE INFO@TAVIDESIGNGROUP.COM Pg. 1 Agreement No. 5974A CONDITIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 14 15 16 17 18 TAVI DESIGN GROUP 2341 27th Street Santa Monica. CA 90405 This proposal is valid for thirty (30) days only. Owner and Architect shall provide all necessary information and documents in the form of survey, reports and drawings required for the landscape architectural services to proceed. All professional fees for surveyor, civil, structural, mechanical/electrical/plumbing (MEP) engineering, certified arborist, and water feature (mechanical, electrical, and waterproofing) design services are not part of Tavi Design Group's scope of work. Design and drawings for all grading, irrigation, and drainage, design of all subsurface drainage, and any surface grading are not a part of Tavi Design Group's scope of work. Coordination and submittal to governmental agencies by others. Billing shall be monthly, as work is completed. Fees are due and payable upon presentation of invoice. Invoices for projects will be emailed as a PDF file to the Owner's billing or accounts receivable manager, or to the Owner's representative. Original copies are available upon request. Professional fees for hourly services will be billed at current hourly rates. As of January 1, 2021, Principal time is billed at $175.00 per hour, Project Manager time is billed at $120.00, Draftsman/ Designer time is billed at $65.00 per hour and Administrative time at $55.00 per hour. Hourly rates are subject to change and client will be notified 30 days in advance of any change. Reimbursables shall be billed at direct cost. Such expenditures may include but are not limited to the following: reproduction and blueprinting expenses. Additional services when requested by Owner or Architect will be invoiced monthly at our current hourly rates. At the inception of the work, Owner will determine the overall budget for landscape architectural work, with the assistance of Tavi Design Group, architect and cost consultant. At each phase of the work, if the cost estimate prepared by the cost consultant indicates that work produced by Tavi Design Group meets these budgetary guidelines. No value engineering will be provided by Tavi Design Group without additional compensation. If the Owner finds it necessary to abandon the project, Tavi Design Group shall be compensated for all work completed under the Scope of Services per the schedule of payments designated under the Fee Schedule. Once work has commenced on the work described under Scope of Design Services, any changes or additions requested by the Owner that constitute a substantial change to the work already completed are not included in this fee. This additional time will be invoiced monthly at our current hourly rates. The Owner and Architect agree to limit Tavi Design Group's liability to the Owner, Architect, and to all construction contractors and sub -contractors due to the non willful acts, errors, or omissions of the Landscape Architect, such that the total aggregate liability of the Landscape Architect to all those named shall not exceed the liability limit of Tavi Design Group's errors and omission insurance policy. Tavi Design Group shall maintain errors and omissions insurance coverage of no less than $1,000,000 thru the term of this agreement. All documents furnished by Tavi Design Group under this proposal are instruments of Landscape Architect's services. They are not intended or represented to be suitable for reuse by Owner or others on extensions of the project or on any other project. Any reuse without specific written verification and adaptation by Tavi Design Group for the specific purposes intended will be at the user's sole risk and without liability or legal exposure to Tavi Design Group. All questions in dispute under this agreement shall be submitted to arbitration at the choice of either party in accordance with the rules of the American Arbitration Association and judgment upon any award rendered may be entered in any court having jurisdiction. Tavi Design Group may assist the Owner and Architect in coordinating schedules for delivery and installation of the Work, but shall not be responsible for malfeasance, neglect or failure of a contractor, subcontractor, or material supplier to meet their schedules for completion or to perform their respective duties and responsibilities. Tavi Design Group retains the right to take photographs and/or arrange for photography of the project; and the right to present the project in publications, upon consulting with the Owner. Owner reserves the right to withhold the name and other specific data from publication. TAVI DESIGN GROUP 310.359.6789 OFFICE INFO@TAVIDESIGNGROUP.COM Pg. 2 AUTHORIZATION TO REVISE IRRIGATION DRAWINGS Client: Tavi Design Group Date: Address: 12794 Washington Blvd Project Manager: Culver City, CA 90066 Phone: 310.430.4347 Email Project: El Segundo Library Park Client Job Number: Dear Mr. Perttula, Agreement No June 22, 2021 Mr. Tavi Perttula tavi@tavidesigngroup.com N/A Based on the provided information, we have reviewed the additional service required to the irrigation construction drawings for the project. The described changes require more irrigation design time than can be absorbed by the present contract for the irrigation construction documents. The following is a description of the revisions requested and a fee proposal to make the required changes to the drawings. Sweeney & Associates, Inc. cannot proceed with changes to the drawings without an authorization signed by the project manager or a principal of the firm. Description of Additional Service: Sweeney & Associates, Inc. shall attend a pre -design site visit to confirm the existing irrigation systems within the additional modified areas and revise the irrigation drawings based on revised scope of work per pdf plans received via email on 6/21/22. Additional changes following the date of this document may require additional fee adjustment. Estimate of Additional Service Fee: The Client agrees to compensate Sweeney & Associates, Inc. the fees indicated below for the additional service described above. Pre -Design Site Visit: $ 1,200.00 One thousand two hundred dollars Irrigation Revisions: $ 2,900.00 Two thousand nine hundred dollars Payment terms are net 30 days. This is an agreement for irrigation design services to be performed. Upon receipt by the consultant of signed agreement, one fully executed copy will be returned to the client. Should any of the information shown heron not be in accordance with the client's understanding, the client should immediately advise the consultant. In witness whereof, the parties have accepted, made, and executed this agreement upon the terms, conditions and provisions above stated. Tavi Design Group Sweeney &Associates, Inc. By: Name: Title: Date: By: Name: Daniel ZumMallen Title: Vice President Date: •a R El Segundo Library Park - Rev-01 Page 1 of 1