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HomeMy WebLinkAboutC-1617a�3Q -.yo Aft 9 CITY OF ARCADIA AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (hereinafter referred to as "Agreement ") is made and entered into this a_ day of J'Une , 1999, by and between the City of Arcadia, a Municipal Corporation, (hereinafter referred to as "Arcadia ") and CHCG Architects, (hereinafter referred to as "Consultant "). RECITALS WHEREAS, Arcadia has selected CHCG Architects to undertake the professional services as fully described in Exhibit "A" (copy attached) for Fire Station No. 1 Needs Assessment: 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 Deputy City Manager /Development Services Director 240 W. Huntington Drive Arcadia, CA 91007 All communications sent to Consultant shall be sent to: CHCG ARCHITECTS David Hopkins 135 W. Green Street, Suite 200 Pasadena, CA 91105 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 1 0 3 rd 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. 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. 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. DATA PROVIDED TO CONSULTANT Arcadia shall provide to Consultant to reports, records, and other information, this Agreement. 5. OWNERSHIP OF DOCUMENTS the extent feasible, all data, including as requested by Consultant to perform 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). 8. COMPENSATION AND PAYMENT A. Consultant agrees to provide the services set forth in the attached "Exhibit A" hereto, for a fee not -to- exceed $14,400 plus reimburseables. 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 3 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 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). L, 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 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. 0 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, 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. 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. 7 22. KEY PERSON It is acknowledged and agreed that the key person and contact for the performance of this Agreement is David Hopkins. No other person shall be substituted in this capacity, and David Hopkins 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" Wk By Dated: City Manager CAA , 1999 CHCG ARCHITECTS "CO IM5 By Dated: S7 1999 Principal APPROVED AS TO FORM: By � City Attorney Conduct structural analysis of the existing fire facility to determine impacts of upgrading the facility to meet the current seismic requirements of an essential facility. • Review existing drawings • Visit site to visually identify existing structural systems. • Prepare necessary structural analysis and calculations. • Develop seismic upgrade concepts and costs. • Prepare structural narrative, sketches, cost estimate and recommendation for into final report. Hours: 44 Interview project team, selected users and staff and review operations and existing facilities. • Identify and document all staffing, functional and space needs for current, 10 year and 20 year projections. • Identify and diagram functional relationships and adjacencies. • Identify and document special requirements. Hours: 32 3. Develop space requirements for the facility based on current, 10 year and 20 year needs. • Address all functional requirements and Administration, Fire Prevention and Backup EOC and Dispatch. • Address parking requirements for fire and personal vehicles. • Assess renovation requirements based on needs and current standards for fire facilities with similar operations. Hours: 32 4 . Prepare Cost estimate for seismic upgrade and renovation work of existing facility. Prepare cost estimate for a new facility at the same site based on needs analysis. Hours: 16 5. Prepare Draft Facilities Needs Analysis Report (5 copies), review with Project Team and make required revisions. Hours: 24 6. Prepare Final Needs Assessment Report (12 copies) and present to City Council. 7. Management, clerical, contingency Hours: 16 Hours: 16 Total Hours: 180 AR(HITE(TS EXHIBIT A Owner shall compensate CHCG for professional services as described in the attached Scope of Services as follows: BASIC DESIGN SERVICES A fixed lump sum fee of $14,400. CONSULTANT COSTS Structural engineering services are included in the fixed fee. Other consultant services, such as mechanical, electrical, civil engineering and landscape architecture are not included in the fee. REIMBURSABLE EXPENSES Owner shall reimburse CHCG for reproduction and blueprinting of documents. Reimbursable expenses will be charged at cost plus 15 %. Reimbursable expenses are not included in the fixed fee noted above and are estimated to be less than $1,000. INVOICING Invoices will be sent by the 10th of each month, and are due and payable upon receipt. Payments shall be made in proportion to services performed. ADDITIONAL SERVICES When authorized in writing, additional services shall be compensated at actual hourly rates (see attached "Hourly Compensation Schedule", dated January 1, 1999) times a multiplier of 2.5. Authorized consultant engineers services shall be charged at cost plus 15 %. ARCHITECTS ARk H 0 U R L Y R A T E S January 1, 1999 Staff Position DPE Rates Architectural Intern $19.00 Architectural Designer 1 $23.00 Architectural Designer 2 $25.00 Senior Implementation Designer $29.00 Senior Concept Designer $33.00 Co- Project Manager $33.00 Project Captain $33.00 Project Architect $42.00 Project Designer $50.00 Project Manager $50.00 Secretarial / Clerical $31.00 Compensation for CHCG personnel is computed on an hourly basis at a multiple of 2.5 times Direct Personnel Expense. Principals are billed at a fixed standard hourly rate without markup at $150.00 per hour. This schedule is valid for 1999. Services commenced in 2000 will be charged in accordance with the Hourly Compensation Schedule effective January 1, 2000. Direct Personnel Expense is inclusive of base salaries together with mandatory and customary benefits including employment taxes, group health insurance, holidays, vacation and similar benefits. EXHIBIT B JUN -07 -99 MON 03;19 PM DEALEY RENTON & ASSOC FAX NO 626 844 3074 P.02/02 f I i cni-if •. r, 72'7 11 7%nnvT A COR - CERTIFIC�_ _ E OF LIABILITY INSUI._ tNCE DATE 06/07/99 PRODUCER Dealey, Renton & Associates 600 S. Lake Avenue, Spite 308 Pasadena, California 91106 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 626-844-3070 INSURERS AFFORDING COVERAGE INSURERA: St- Paul Fire & Marine - INSURED CHCG Architects Inc 135 W. Green Street, Suite 200 Pasadena, CA 911052027 INsURERB: Kem er Insurance Companies - INsuRERc. DPIC Companies - -- -- INSURER D: --- CLAIMS MADE I OCCUR i, l ------ -...-- -- —. -. -.._ (INSURER E: 11KIMADU TMXI THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 0 MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LVSR �__. r---- -- -- -- -- _-- - I TYPE OF D�b'UR WCE I POLICY NUMJfHR - - - -- POLICY SFFSCTM EXARATION POLICY ROM I I.EMITS A GENERAL LIABILITY RP 0 6 6 4 8191 09/01/98 0 9/ 0 1/ 9 9 1 EACH OCCURRENCE _; s_1 0 0 0 0 0 0 jt COMMERCIAL GENERAL LUBB(TY j FIRE DAMAGE(Anyo�Rrs)_�_SINCLUDED CLAIMS MADE I OCCUR i, l 1 MED EXP(MrymeE!w) f_rj1 0.0 Q -- _ ! PERSONAL d ADw INJURY�S 1 L 0 0 , 66 i GENERAL AGGREGATE l s2 , 0 00,00 GENI. AGGREGATE LIMIT APPLIES PER: I ' i !RODUCTS - COMPIOPAGG !s2�000,000. — POLICY PRO- SECT LOC I A A uTObIOBTLE LIABILITY i RP 0 6 6 4 8 2 91 0 9/ 0 1/ 9 8 0 9/ O 1/ 9 9!� SINGLE LIMIT NE S 1, 0 0 0, 0 0 0 ANY AUTO I - ' ALL OWNED AUTOS I ! ! BODILY INJURY S X S(:HEDULEDAUTOS , (Perpe,wn) X HIRED AUTOS � BODILY INJURY I S X NON -OWNED AUTOS j ` (Ibr .&M) � I ... ;i ......._.__. "_.._�._ -__ 1 ; I I PROPERTY DAMAGE ! S (Per accident) GA_ RAGE LIABILITY j 1 AUTO ONLY - EA ACCIDENT - 1S �- -_. -. ANY AUTO i i EA ACC f - OTHER THAN AUTO ONLY: AGG S A IiXCUSS LIABILITY_ ltRP06648191 109/01/98 1 0 9/ 0 1 / 9 9 I_ EACH OCCURRENCE s2, 0 0 0, Q-0. 0 XrCLLR CLAIMS MADE - AGGREGATfi 1s2 e 000 0 tS DEDUCTIBLE i 1$ RETENTION S ! f B WORKERS COMPENSATION AND i 7 CW212 2 9 5 0 1 09/01/98 '' 0 9/ 0 1 / 9 9 X EMPLOYERS' LIAB/LITY I E.L- EACH ACCIDENT $1,000 000 E.L. DISEASE - EA EMPLOYEE S 1 , 0 O OJ O.0 O 1 E.L. DISEASE -POLICY LIMIT I 51 000 000 C Onmik Professional ';PL00832102 111/20/98111/20 /99 i 1,000,000 Each Claim Liability j 11,000,000 Aggregate 50,000 Deductibl DESCRIPTION OF OPERATIONS /LOCATIONSIYEHICLES /EXCLUSIONS ADDED BY ENDORSEMBNTBPECIAL PROVISIONS 'The City of Arcadia is named as Additional Insured as respects the GL & Auto Liability only. City of Arcadia, Development v C: X-s/i G6A Depart m¢nt 240 West Huntington Drive P. O. Box 60021 Arcadia, CA 91066 -6021 SHOULD ANYOF THE ABOVE DESCRIBED POLICES B E CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WIC.I, jMAM3...Q_ —DAYS WRIREN ,u�V� rsWTW AM nn[.neo N�ncen rtirny r'�D�[seOC7moDCaoSIIDi11G'. ACORD 25 -S (7197) 1 o f 2 #M5340 v ( 1 MAF © ACORD CORPORATION 1988