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CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
COST ESTIMATING SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 1L__ day of 4l9 rua ✓q 2008 by and
between the CITY OF ARCADIA, a charter city organized under the Constitution and laws of the State
of California with its principal place of business at 240 West Huntington Drive, Arcadia, California
91066 -6021 ( "City") and Construction Controls Group, Inc., a California Corporation with its principal
place of business at 707 Wilshire Boulevard, Los Angeles, California 90017 ( "Consultant "). City and
Consultant are sometimes individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional
services required by the City on the terms and conditions set forth in this Agreement. Consultant
represents that it is experienced in providing cost estimating support services to public clients, is licensed
in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such cost estimating services for the schematic design
document phase of City Hall project ( "Project') as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City
all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and
adequately supply the professional construction cost estimating services necessary for the Project
( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local,
state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from February 6, 2008 to May 6,
2008, unless earlier terminated as provided herein. Consultant shall complete the Services within the
term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates: Independent Contractor. The Services
shall be performed by Consultant or under its supervision. Consultant will determine the means, methods
and details of performing the Services subject to the requirements of this Agreement. City retains
Consultant on an independent contractor basis and not as an employee. Consultant retains the right to
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perform similar or different services for others during the term of this Agreement. Any additional
personnel performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant
shall pay all wages, salaries, and other amounts due such personnel in connection with their performance
of Services under this Agreement and as required by law. Consultant shall be responsible for all reports
and obligations respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit
"B" attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to
Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant
shall be subject to the prior written approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain
key personnel will perform and coordinate the Services under this Agreement. Should one or more of
such personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon prior written approval of City. In the event that City and Consultant cannot agree as to
the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As
discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the
City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project or a threat to the safety of persons or property, shall be promptly
removed from the Project by the Consultant at the request of the City. The key personnel for performance
of this Agreement are as follows: Lisa C. Sachs, AIA, CCM.
3.2.5 City's Representative. The City hereby designates Jason Kruckeberg,
Development Services Director, or his designee, to act as its representative for the performance of this
Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the
City for all purposes under this Contract. Consultant shall not accept direction or orders from any person
other than the City's Representative or his designee.
3.2.6 Consultant's Representative. Consultant hereby designates Lisa Sachs, or her
designee, to act as its representative for the performance of this Agreement ( "Consultant's
Representative "). Consultant's Representative shall have full authority to represent and act on behalf of
the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise
and direct the Services, using his best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in
the performance of Services and shall be available to City's staff, consultants and other staff at all
reasonable times.
3.2.8 Standard of Care: Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards generally
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recognized as being employed by professionals in the same discipline in the State of California.
Consultant represents and maintains that it is skilled in the professional calling necessary to perform the
Services. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained throughout
the term of this Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who
is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion
of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to
perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by
the Consultant and shall not be re- employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Project or the Services, including all Cal /OSHA requirements, and shall give all
notices required by law. Consultant shall be liable for all violations of such laws and regulations in
connection with Services. If the Consultant performs any work knowing it to be contrary to such laws,
rules and regulations and without giving written notice to the City, Consultant shall be solely responsible
for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such
laws, rules or regulations.
12.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence Work under this
Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required
under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the Agreement by the
Consultant, its agents, representatives, employees, subcontractors and volunteers. Consultant shall also
name and obtain insurer's consent to naming City, its directors, officials, officers, employees, agents and
volunteers as an additional insured with proof of certificate of insurance that they are an additional
insured. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall he when
commercially available (occurrence based) at least as broad as the latest version of the following: (1)
General Liability: Insurance Services Office Commercial General Liability coverage for premises and
operations, contractual liability, personal injury, bodily injury, independent contractors, broadform
property damage, explosion, collapse, and underground, products and completed operations; (2)
Automobile Liability: Insurance Services Office Business Auto coverage for any auto owned, leased,
hired, and borrowed by Consultant or for which Consultant is responsible; and (3) Workers'
Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
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City, its directors, officials, officers, employees, agents and volunteers shall be listed as additional
insured. Any deductibles or self - insured retentions must be declared to and approved by City and
conform to the requirements provided in Section 3.2.10.6 herein.
(B) Minimum Limits of Insurance. Consultant shall maintain limits
no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage, with an aggregate limit of $1,000,000. If Commercial General
Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit
shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers'
Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits
of $1,000,000 per accident for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and maintain, and
require its sub - consultants to procure and maintain, for a period of three (3) years following completion of
the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall
be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Consultant shall provide endorsements on forms supplied or approved by the
City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed
to state that: (1) the City, its directors, officials, officers, employees and volunteers shall be covered as
additional insured with respect to liability arising out of Services operations and for completed operations
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as respects the
City, its directors, officials, officers, employees and volunteers, or if excess, shall stand in an unbroken
chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self -
insurance maintained by the City, its directors, officials, officers, employees and volunteers shall be
excess of the Consultant's insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall
be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or
unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is
responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors,
officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self- insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess
of the Consultant's insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability Coverage. The
insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers,
employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from
work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) consultant shall provide a thirty (30) days written notice to
City prior to implementation of a reduction of limits or material change of insurance coverage as specified
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herein; provided, however, that in the event of cancellation due solely to non - payment of premium, ten
(10) days notice of cancellation for non - payment of premium may instead be given to the City.; and (B)
any failure to comply with reporting or other provisions of the policies, including breaches of warranties,
shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and
volunteers.
3.2.10.5 Separation of Insureds: No Special Limitations. All insurance required
by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall
not contain any special limitations on the scope of protection afforded to the City, its directors, officials,
officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions. Any deductibles or self -
insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the
option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self - insured
retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2)
the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims
and administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating no less than A:VIII, admitted or approved to do business in California, and
satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City with complete
and accurate copies of current certificates of insurance and endorsements effecting coverage required by
this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be
on forms provided by the City if requested. Copies of all certificates and endorsements must be received
and approved by the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
3.2.10.9 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise
all necessary precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable shall include, but
shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required
to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of
all safety measures.
3.2.10.10 Material Breach. Lack of insurance does not negate Consultant's
obligations under this Agreement. Maintenance of proper insurance coverage is a material element of this
Agreement and failure to maintain or renew coverage or to provide evidence of renewal may be treated by
the City as a material breach of the Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
reimbursements which receive the City's prior written authorization, for all Services rendered under this
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Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The
total compensation shall not exceed Twelve Thousand Three Hundred Dollars ($12,300) without written
approval of the City Engineer. Extra Work may be authorized, as described below, and if authorized, will
be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized
statement which indicates work completed and hours of Services rendered by Consultant. The statement
shall describe the amount of Services and supplies provided since the initial commencement date, or since
the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall,
within forty-five (45) days of receiving such statement, review the statement and pay all approved charges
thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless prior written authorization is obtained from the City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request
that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined
by City to be necessary for the proper completion of the Project, but which the parties did not reasonably
anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be
compensated for, Extra Work without prior written authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business hours to
examine, audit, and make transcripts or copies of such records and any other documents created pursuant
to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and
activities related to the Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant,
terminate the whole or any part of this Agreement at any time and without cause by giving written notice
to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before
the effective date of such termination. Upon termination, Consultant shall be compensated only for those
services which have been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Consultant in connection with the performance of Services under this
Agreement. Consultant shall be required to provide such document and other information within fifteen
(15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole
or in part as provided herein, City may procure, upon such terms and in such manner as it may determine
appropriate, services similar to those terminated.
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3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the respective
parties may provide in writing for this purpose:
Consultant: Lisa C. Sachs
Construction Controls Group, Inc.
707 Wilshire Boulevard
Los Angeles, CA 90017
City: City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066 -6021
Attn: Philip A. Wray, City Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after
deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. The City
acknowledges that any and all information produced by Consultant under this Agreement, including
plans, specifications, data, reports, construction documents or electronic files ( "documents "), are
instruments of professional service. Nevertheless, such documents will become the property of the City
upon completion of work and payment in full of all monies due the Consultant for the applicable portion
of documents. In the event the City consents to, allows, authorizes or approves of changes to such
documents, and these changes are not approved in writing by the Consultant, the City recognizes that such
changes and the results thereof are not the responsibility of the Consultant. Therefore, the City agrees, to
the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, directors,
employees and subconsultants (collectively, Consultant) against any claims, damages, liability or costs,
including reasonable attorneys' fees and defense costs, arising or allegedly arising from or in way
connected with the unauthorized reuse or modification of the documents by the City of any person or
entity that acquires or obtains the documents from or through the City to the extent caused by such
unauthorized reuse or modification. This provision shall also apply to documents delivered to City after
termination, if applicable.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents and Data either created by or provided to Consultant in connection with the performance of
this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior
written consent of City, be used by Consultant for any purposes other than the performance of the
Services. Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be deemed
confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio
production or other similar medium without the prior written consent of City. This provision shall not
restrict Consultant from the following: (1) giving notices required by law or complying with an order to
provide information or data when such order is issued by a court, administrative agency or other authority
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with proper jurisdiction; (2) giving such information to its own agents or employees who require the
information for the purpose of rendering services; (3) giving such information if it is reasonably necessary
for Consultant to defend themselves from any suit or claim.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary, appropriate or
convenient to attain the purposes of this Agreement.
3.5.5 Indemnification. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner to the extent arising out of or incident to any negligent acts,
omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and
contractors arising out of the performance of the Services, the Project or this Agreement, including
without limitation the payment of all consequential damages and reimbursement of all reasonable
attorney's fees and other related costs and expenses. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers, employees, agents or
volunteers, in any such suit, action or other legal proceeding arising from Consultant's negligent
performance of the Services, the Project or this Agreement; except to the extent that liability is caused by
any negligence or willful misconduct by the City or its directors, officials, officers, employees, agents or
volunteers. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or
volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or
volunteers and shall take effect immediately upon execution of this Agreement.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties
with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreements. This Agreement may only be modified by a writing signed by both Parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this
Agreement
3.5.9 City's Right to Employ Other Consultants. City reserves right to employ other
consultants in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and
assigns of the Parties.
3.5.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or
transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or
transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be construed
simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time,
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days or period for performance shall be deemed calendar days and not work days. All references to
Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as
otherwise specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default
or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual rights by custom,
estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.5.17 Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay
any company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the
award or making of this Agreement. For breach or violation of this warranty, City shall have the right to
rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee
of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or
obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation or
age. Such non - discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every employer to be
insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the
provisions of that Code, and agrees to comply with such provisions before commencing the performance
of the Services.
3.5.20 Authority to Enter Apreement. Consultant has all requisite power and authority
to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement and bind each respective Party.
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3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the
work required by this Agreement, except as expressly stated herein, without prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
CITY OF ARCADIA
By: JJtTky cU Pe-yi �
Donald Penman
City Manager
Dated: 41 it ICS! , 2008
ATTEST:
e
Ci lerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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CONSTRUCTION CONTROLS GROUP
By: 4b-z I ls�l
[Name]
N
[Title]
10
NSIONSIN
Zi(O
ason KrUlkeberg Date
Development Serv' es Director
E
EXHIBIT "A"
SCOPE OF SERVICES
F
Consultant shall provide cost estimating services to the City for the schematic design document phase for
the City Hall project based on the following assumptions:
• Provide an independent cost estimate based on plans prepared by Steinberg Architects for a
26,961 square foot, two story structure.
• Only one design alternative factored.
• Architect SD submittal to include MEP systems narrative or schematic diagrams, structural
narrative or schematic diagrams.
• One reconciliation meeting included.
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Exhibit "B"
SCHEDULE OF SERVICES
Services are to be completed within two to three weeks after receiving required documents and written
authorization to proceed.
Ifff
Exhibit "C"
COMPENSATION
Principal @ $250 /hour x 6 hours = $ 1,500
Cost Estimator @ $135/hour x 80 hours = $10,800
Normal reimbursable expenses are included in the hourly rates listed. Special deliveries, Fed -X, multiple
copies, and any travel outside Los Angeles County to be billed at 1.10 times cost.
Not to exceed total fee $12,300.
C -1