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CITY OF ARCADIA
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (hereinafter referred to as
"Agreement ") is made and entered into this 23rd day of September 1999, by and
between the City of Arcadia, a Municipal Corporation, (hereinafter referred to as "Arcadia ") and
Willdan Associates, (hereinafter referred to as "Consultant ").
RECITALS
WHEREAS, Arcadia has selected Willdan Associates to undertake the professional
services as fully described in Exhibit "A" (copy attached) for Permit Inspection Services; and
WHEREAS, Consultant represents that it has experience and technical competence to
act as Consultant to Arcadia for the services required by this contract.
NOW THEREFORE, the parties agree as follows:
1. REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICE
The representatives of the parties who are primarily responsible for the administration of
this Agreement and to whom formal notices, demands and communications shall be
given, are as follows:
All notices and written communications sent to Arcadia under the Agreement shall be
sent to the following address, unless authorized in writing to be sent elsewhere by
Arcadia:
CITY OF ARCADIA
Don Penman
Assistant City Manager /Development Services Director
240 W. Huntington Drive
Arcadia, CA 91007
All communications sent to Consultant shall be sent to:
WILLDAN ASSOCIATES
Chris Baca, Senior Project Manager
12900 Crossroads Parkway South, Suite 200
Industry, CA 91746
Any such notices and written communications by mail shall be conclusively deemed to
have been received by the addressee five (5) days after the deposit thereof in the U.S.
Mail, first -class postage and properly addressed as noted above, or upon actual receipt
thereof if delivered by personal service.
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2. DESCRIPTION OF WORK
Arcadia hereby engages Consultant, and Consultant accepts such engagement, to
perform the services set forth in the attached "Exhibit A" incorporated as part of this
Agreement, Arcadia's principal representative, or the representative's designee, shall
have the right to review and inspect the work during the course of its performance at
such times as may be specified by the representative.
3. COMMENCEMENT AND COMPLETION OF WORK
A. The execution of this Agreement by the parties constitutes an authorization to
proceed, unless otherwise provided by the terms of this Agreement.
B. The work described in "Exhibit A" shall be completed in accordance with the
schedule set forth in said Exhibit or as otherwise agreed upon in writing by
amendments to this Agreement.
4. DATA PROVIDED TO CONSULTANT
Arcadia shall provide to Consultant to the extent feasible, all data, including reports,
records, and other information, as requested by Consultant to perform this Agreement.
5. OWNERSHIP OF DOCUMENTS
All files, records, reports, studies and other documents prepared or obtained by this
Agreement shall be the property of Arcadia. Basic notes, computations, computer
diskettes and similar data prepared or obtained by Consultant under this Agreement
shall, upon request, be made available to Arcadia without restriction or limitation on their
use. Consultant shall deliver such materials to Arcadia according to the terms of this
Agreement. Consultant shall have the right to make duplicate copies of such materials
and documents for his /her files as may be authorized in writing by Arcadia.
6. RELEASE OF INFORMATION
All information gained by Consultant in performance of this Agreement shall not be
released by Consultant without Arcadia's prior written authorization. Confidentiality and
disclosure shall be subject to the California Public Records Act. (Government Code
Section 6250 et. seq.)
7. CONFLICTS OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm have any
interest in, nor shall they acquire any interest, directly or indirectly which will conflict in
any manner or degree with the performance of their services hereunder. Consultant
further covenants that in the performance of this Agreement, no person having such
interest shall be employed by them as an officer, employee, agent, or subconsultants
(see warranty - Section 15).
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8. COMPENSATION AND PAYMENT
A. Consultant agrees to provide the services set forth in the attached "Exhibit A" hereto,
for a fee based on time and materials not -to- exceed $14,999. Should Arcadia
request, in writing, that Consultant perform additional work and services beyond
those required under this Agreement, compensation for such services shall be on a
time and material basis as outlined in "Exhibit B" attached hereto and made a part
hereof.
B. On or before the tenth (10th) day of each calendar month following the
commencement of the work, Consultant shall cause to be made and submitted to
Arcadia a written value of the time for all work completed and materials incorporated
into the project up to the first day of that month. If Arcadia requests, the consultant
shall provide Arcadia along with the invoice, copies or verification of all work
performed for which Arcadia is being invoiced. In reviewing and approving such
invoice, Arcadia may consider, in addition to other facts and circumstances, the
relationship of the work completed to the work remaining to be done. Arcadia shall
have the right to retain ten percent (10 %) of the estimated cost of the work as partial
security for Consultant's performance of this Agreement. Within thirty (30) days after
approval of Consultant's invoice, Arcadia shall pay to Consultant that balance of such
invoice after deducting therefrom all prior payments and all sums to be retained as
partial security under the terms of this Agreement.
C. Upon satisfactory completion of all work and services described in "Exhibit A ", and
Arcadia's approval thereof, Arcadia shall pay Consultant for the total amount
remaining due for each increment or phase of the work, including all funds retained
as partial security. Final payment shall be made by Arcadia to Consultant within
thirty (30) days after Arcadia's written acceptance of the work.
D. EXTRA SERVICES. If after work commences pursuant to this Agreement, it
becomes apparent that additional work not originally contemplated as within the
scope of this Agreement may be necessary such as that shown on Exhibit "A ", or
otherwise, if such services are performed, Contractor shall be compensated at
Contractor's prevailing time and materials rate schedule as outlined in "Exhibit B ".
The Contractor shall inform Arcadia in writing of the need for such additional work.
No additional work shall be done without the prior written approval of Arcadia.
9. MANAGEMENT
The City Manager or his designee shall represent Arcadia in all matters pertaining to the
administration of this Agreement, including without limitation, coordination of all
necessary meetings and conferences, and review and approval of all products submitted
by the Consultant. Authority to enlarge the scope of services or change the
compensation due to Consultant is subject to approval of the City Council.
10. INDEPENDENT CONTRACTOR
Consultant is and shall at all times be deemed to be an independent contractor and shall
be solely responsible for the manner in which it performs the services required by the
3
terms of this Agreement. Nothing herein contained shall be construed as creating the
relationship of employer and employee, or principal and agent, between Arcadia and
Consultant or any of the Consultant's employees or any subconsultants. Consultant
assumes sole responsibility for the acts of its employees and any subconsultants as
related to the services to be provided during the course and scope of their employment.
11. CONSULTANT'S PERSONNEL
A. All services required under this Agreement shall be performed by Consultant, or
under Consultant's direct supervision, and all personnel shall possess the
qualifications, permits and licenses required by State and local law to perform such
services.
B. Consultant shall be solely responsible for the satisfactory work performance of all
personnel engaged in performing services required by this Agreement, and
compliance with all reasonable performance standards established by Arcadia.
C. Consultant shall comply with all federal and state statutes and regulations relating to
the employer /employee relationship, including but not limited to, minimum wage, non-
discrimination, equal opportunity, workers' compensation, hazardous /unsanitary or
dangerous surroundings, the Fair Labor Standards Act, 29 U.S.C., 201, et. Seq., and
the Immigration Reform and Control Act of 1986 8 U.S.C. 245 (a).
12. SUBCONTRACTING, DELEGATION AND ASSIGNMENT
This Agreement covers professional services of a specific and unique nature.
Consultant shall not delegate, subcontract or assign its duties or rights hereunder, either
in whole or in part, without the prior written consent of Arcadia. Any proposed
delegation, assignment or subcontract shall provide a description of the services to be
covered, identification and qualifications of the proposed assignee, delegee or
subcontractor and an explanation of why and how the selection was made.
13. NON - DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
In the performance of this Agreement, Consultant shall not discriminate against any
employee, subcontractor, or applicant for employment because of race, color, religion,
ancestry, sex, national origin, disabilities or age.
14. INDEMNITY AND INSURANCE
A. HOLD HARMLESS AND INDEMNITY. Consultant agrees to indemnify and hold
harmless Arcadia, their officers, and employees from any claims, suits and liabilities
for damage to person or property arising out of Consultant's errors, omissions or
negligent acts.
B. INSURANCE. Consultant shall carry commercial liability insurance with combined
single limits of at least $1,000,000 naming the City of Arcadia as additional insured.
Proof of such insurance in a form and content approved by the Arcadia City Attorney
is a condition precedent to execution of this Agreement by Arcadia. Insurance shall
0
be maintained with insurers listed "A" or better in the Best's Insurance Guide and be
authorized to do business in the State of California.
Consultant shall also maintain professional liability insurance covering errors and
omissions providing protection of at least $500,000 for errors and omissions with
respect to losses, claims, and liability arising from action of consultants in performing
pursuant to this Agreement.
C. WORKERS' COMPENSATION AND LIABILITY. A program of Workers'
Compensation insurance or state - approved self- insurance program in an amount,
form and as broad as to meet all applicable requirements of the Labor Code of the
State of California, including Employer's Liability with limits of at least$500,000 per
occurrence. Should the Consultant be self - employed, he /she must certify under
Section 3800 of the California Labor Code, the performance of the work for which this
contract is issued is without employing any person in any manner so as to become
subject to the Workers' Compensation Laws of California.
15. CONSULTANT'S WARRANTIES AND REPRESENTATIONS
Consultant warrants and represents to Arcadia as follows:
A. Consultant has no knowledge that any officer or employee of Arcadia has any
interest whether contractual, noncontractual, financial, proprietary or otherwise, in
this transaction or in the business of the Consultant, and that if any such interest
comes to the knowledge of Consultant at any time, a complete written disclosure of
such interest will be made to Arcadia, even if such interest would not be deemed a
prohibited "conflict of interest" under applicable laws.
B. Upon the execution of this Agreement, Consultant has no interest, direct or indirect,
in any transaction or business entity which would conflict with or in any manner
hinder the performance of services and work required by this Agreement, nor shall
any such interest be acquired during the term of this Agreement.
16. RESOLUTION OF DISPUTES (ATTORNEY FEES
A. Disputes regarding the interpretation or application of any provisions of this
Agreement shall, to the extent reasonably feasible, be resolved through good faith
negotiations between the parties.
B. If any action at law or in equity is brought to enforce or interpret any provisions of this
Agreement, the prevailing party in such action shall be entitled to reasonable
attorney's fees, costs and necessary disbursements, in addition to such other relief
as may be sought and awarded.
17. MODIFICATION OF AGREEMENT
The terms are subject to modification by mutual agreement between Arcadia and
Consultant which such changes shall be incorporated by authorized written amendments
to this Agreement. The parties agree that the requirements for prior written changes,
5
on
amendments, or modifications to this Agreement may not be waived and any attempted
waiver shall be void.
18. TERMINATION
A. City may terminate this Agreement without cause upon five (5) days written notice to
Consultant to the address specified in this Agreement. Notice may include
telephonic communication to Consultant to cease work. Should City terminate this
Agreement, Consultant agrees to immediately discontinue performance and deliver
to City the work which he has completed, including all maps, data, reports and like
materials. Consultant shall receive a fee equal to an amount which bears the same
relationship to the total fee payable pursuant to Section 8 that the amount of work
performed by Consultant prior to such termination bears to the total work to be
performed by Consultant to this Agreement.
B. City may terminate this Agreement with cause effective immediately upon written
notice of such termination to Consultant, based upon the concurrence of any of the
following events:
1. Material breach of this Agreement by Consultant;
2. Cessation of Consultant to be licensed, as required;
3. Failure of Consultant to substantially comply with any applicable of federal,
state or local law or regulation;
4. Filing by or against Consultant of any petition under any law for the relief of
debtors; and
5. Filing of a criminal complaint against Consultant for any crime, other than
minor traffic offenses.
C. WORK PRODUCT. In the event of termination, Consultant shall, at City's request,
promptly surrender to City all completed work and work in progress and all materials,
records, computerized information and notes developed, procured, or produced
pursuant to this Agreement. Consultant may retain copies of such work product as a
part of its record of professional activity.
19. ENTIRE AGREEMENT AND AMENDMENTS
A. This Agreement supersedes all prior proposals, agreements and understandings
between the parties and may not be modified or terminated orally.
B. No attempted waiver of any of the provisions hereof, not any modification in the
nature, extent or duration of the work to be performed by Consultant hereunder, shall
be binding unless in writing and signed by the party against whom the same is
sought to be enforced.
20. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.
0
21. EFFECTIVE DATE
This Agreement shall become effective as of the date set forth below in which the last of
the parties, whether Arcadia or Consultant, executes said Agreement.
22. KEY PERSON
It is acknowledged and agreed that the key person and contact for the performance of
this Agreement is Chris Baca. No other person shall be substituted in this capacity, and
Chris Baca shall communicate directly with the City project manager Don Penman. He
shall be available for contact by the City and shall attend all meetings as requested by
City, unless excused.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested by their respective officers thereunto duly authorized.
CITY OF ARCADIA
"CITY"
wt%u Dated: �"/M . 1999
WILLIAM R. KELLY
City Manager
WILLDAN ASSOCIATES
"CONSULTANT"
B Dated:
Z 7 "
RICHARD L. KOP C , P.E.
Senior Vice President Vi 4,e
APPROVED AS TOf FORM:
By I
City Attorney
7
1999
,%W `4W
*7 WILLDAN ASSOCIATES ❑ ENGINEERS & PLANNERS
Professional Consulting Services Since 1964
August 30, 1999 DevelOPM An, -Services
Mr. Don Penman, Deputy City Manager
Development Services Director
City of Arcadia
240 West Huntington Drive
P.O. Box 60021
Arcadia, CA 91066 -6021
Subject: Proposal for Permit Inspection Services
Dear Mr. Penman:
As requested, we are pleased to be given the opportunity to provide construction
observation services for permit inspections in the City of Arcadia. It is our understanding
that the City of Arcadia is in need of a part -time permit inspector to inspect miscellaneous
right -of -way improvements associated with new development, such as curb /gutter,
sidewalk, minor underground work (sewer, water, and storm drain), and utility patches.
Willdan proposes to assign Mr. Lee Marshall as the Permit Public Works Observer. Mr.
Marshall's hourly rate shall be $63.00 per hour. If public works inspection of large scale
capital improvement projects forthe City's capital improvement program is needed, Willdan
Associates will provide the City of Arcadia with a separate proposal outlining the scope of
work and fee for each specific project.
We thank you for the opportunity to provide construction observation services to the City
of Arcadia. Should you have any questions, please contact Mr. Chris Baca or Mr. Ken
Rukavina at (562) 908 -6200.
Very truly yours,
WILLDAN ASSOCIATES
Ken Rukavina, P.E.
Manager Public Works Division
Construction Management/Survey
CBab
956109 \6650 \P9 -217
Richard L. Kopecky, P.E.
Senior Vice President
EXHIBIT A
12900 CROSSROADS PARKWAY SOUTH • SUITE 200 • INDUSTRY, CALIFORNIA 91746 -3499 • (562) 908 -6200 • FAX (562) 695 -2120
nomW 1400�
WILLDAN ASSOCIATES
SCHEDULE OF HOURLY RATES
July 1, 1998 - December 31, 1999
Fee Rate
Classification Per Hour
ENGINEERING
Principal Engineer
$125.00
Division Manager
120.00
City Engineer
120.00
Project Director
110.00
Supervising Engineer
110.00
Sr. Engineer
99.00
Sr. Project Manager
99.00
Project Manager
90.00
Associate Engineer
90.00
Sr. Designer (CADD)
90.00
Designer (CADD)
82.00
Engineering Associate
90.00
Sr. Designer
82.00
Sr. Design Engineer
76.00
Design Engineer
66.00
Sr. Drafter
66.00
Designer
65.00
Sr. Drafter (CAD)
66.00
Drafter (CAD)
65.00
Drafter
54.00
Technical Aide
46.00
Spvsr. - Public Works Observation
80.00
Sr. Public Works Observer
73.00
Public Works Observer
63.00
SURVEYING
Sr. Survey Analyst
85.00
Sr. Calculator
85.00
Calculator II
73.00
Calculator 1
60.00
Survey Analyst II
73.00
Survey Analyst 1
61.00
Spvsr. - Survey
94.00
Survey Party Chief
89.00
Two -Man Field Party
156.00
Three -Man Field Party
210.00
SPECIAL DISTRICTS
Spvsr. - Special Districts Services
104.00
Sr. Special Districts Coordinator
95.00
Special Districts Coordinator
88.00
Special Districts Analyst II
71.00
Special Districts Analyst 1
60.00
EXHIBIT B
Fee Rate
Classification Per Hour
PLANNING
Principal Planner
$105.00
Sr. Planner
95.00
Associate Planner
80.00
Assistant Planner
68.00
Planning Technician
48.00
Principal Community Development Planner
105.00
Sr. Community Development Planner
95.00
Associate Community Development Planner
80.00
Assistant Community Development Planner
68.00
Community Development Technician
48.00
BUILDING
Supervising Plan Check Engineer
98.00
Plan Check Engineer
82.00
Sr. Plans Examiner
79.00
Plans Examiner
70.00
Plans Examiner Aide
45.00
Spvsr. - Building Inspection
73.00
Building Inspector
63.00
Sr. Permit Specialist
59.00
Assistant Building Inspector
52.00
Permit Specialist
45.00
Building Official
98.00
Deputy Building Official
88.00
LANDSCAPE ARCHITECTURE
Principal Landscape Architect 95.00
Sr. Landscape Architect 80.00
Associate Landscape Architect 70.00
Assistant Landscape Architect 60.00
COMPUTER SERVICES
Computer Data Entry 45.00
Personal Computer Time 15.00
Clerical 40.00
Word Processing 40.00
Additional billing classifications may be added to the above listing during the year as new positions are
created. Consultation in connection with litigation and court appearances will be quoted separately.
The above schedule is for straight time. Overtime will be charged at 1.25 times the standard hourly rates.
Sundays and holidays will be charged at 1.70 times the standard hourly rates.
Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15 %).
A subconsultant management fee of fifteen percent (15 %) will be added to the direct cost of all subconsultant
services to provide for the cost of administration, consultation, and coordination.
These hourly rates are effective through December 31, 1999, and may be adjusted after that date to
compensate for labor adjustments and other increases in costs.
EXHIBIT B
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Attr- i�el .ssa Crnelas
240 K. Huntington Drive
Arcadia, CA 9IOG6 -6021
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In consid=11on of an add; tiartai premiu�-n �f , it is .hereby understood ar_d agreed ihst
the following applies:
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CITY OF ARC ADIA. THEIR OFFICERS, AND EMPLOYEES
is /are additional Insureds as respects to work done by `lamed IDsured.
[ X ] NOTICE OF CANCELLATION
It is understood and agreed that in the event of =Celktion of the PCiicy for any mz5on other tan non - payment of
prertzium, 30 days written notice «ill be sett to the following by mail
CITY OF ARCAI)a
'140 W. HUNTI GTON DRIVE
ARC M A, CA 91056 -6021
In. the event the polic•; is canceled for non- pa.,Tnent of prerniuTn, 1() days written notice :vial be sent to the
above.
Policy No.: PQ85 730 %7 Effective Date: 9U59
InSUrMee, Company: R.eliannce Insurance Con npwiy
L =sued to: Wiild Associates
Issue Date: 9113r99
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