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HomeMy WebLinkAboutC-1738 D73a -ia 1738 G. CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this fro day of ,!J h(U( 4U n 2001 by and between the City of Arcadia, a municipal organization organized under the laws of the State of California with its principal place of business at 240 West - Huntington Drive, Arcadia, California 91007 ("City") and City Spaces, ("Consultant"), with principal place of .business at 234 E. Colorado Blvd., Suite 850, Pasadena, California 91101 . 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 he is experienced in providing design 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 services for the design and rehabilitation of the City of Arcadia Council Chamber and adjoining Conference Room ("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 design consulting 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. 1 UB\NGS\557188 3.1 .2 Term. The term of this Agreement shall be from January 31 , 2001 to October 31 , 2001 , 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 his 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 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 he has the professional and technical ability 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 approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that no additional personnel will perform and coordinate the Services under this Agreement, unless approved in advance by the City. 3.2.5 City's Representative. The City hereby designates Don Penman, Assistant City Manager/Development Services Director, or his designee, to act as its representative for the performance of this Agreement ("City's 2 UB\NGS\557188 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 W. Curtis Whitlatch, or his 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 recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that he is skilled in the professional calling necessary to perform the Services. Finally, Consultant represents that he has all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. If applicable, 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 himself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the Services, 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 3 • UB'NGS\557188 • • 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. 3.2.10 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 or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (A) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (B) Workers' Compensation and Employers' Liability: Workers' Compensation insurance as required by the State of California and Employer's • Liability Insurance. • (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (A) General Liability: $1 ,000,000 per occurrence for bodily injury, personal injury and property damage.. 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; (B) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California. Employers Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, for a period of five (5) 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 4 UB\NGS\557188 • 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: (A) the City, its director, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in conn3ction with such work; and (B) 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 in excess of the Consultant's insurance and shall not be called upon to contribute with it. (B) Automobile Liability (Intentionally omitted) (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) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been 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 insured 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: (A) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and 5 UB\NGS\557188 volunteers; or (B) 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, licensed to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with original 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. 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. 3.2.9 Safety. Consultant shall execute and maintain his work so as to avoid injury or damage to any person or property. In carrying out the 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. 3.3 Fees and Payments 3.3.1 Compensation. Consultant shall receive compensation for Services rendered under this Agreement as set forth in Exhibit "C" attached hereto and incorporated herein by reference, in an amount not to exceed Six Thousand Six Hundred Dollars, ($6,600) without written approval of City's representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. Additional reimbursement of cost plus ten percent (10%) shall be made for out-of-pocket expenses as set forth in Exhibit "C" attached hereto and incorporated herein by reference. 6 UBWGS\557188 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 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 authorized in writing by 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 that 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 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. 7 UB'NGS\557188 T \ 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. 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: City Spaces, Inc. 234 E. Colorado Blvd., Suite 850 Pasadena, CA 91101-2206 Attn: W. Curtis Whitlatch City: City of Arcadia 240 West Huntington Drive Arcadia, CA 91066-6021 Attn: William R. Kelly, City Manager 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. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans; specifications, studies, drawings, estimates, and other 8 UB\NGS\557188 • documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under. this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 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 that 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. 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 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 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, 9 UB'NGS\557188 • damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors rising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that my be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award of 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. 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. 3.5.7 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. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 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. 10 UB\NGS\557188 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated 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, 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. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 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. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 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. 3.5.18 Prohibited Interests. Consultant maintains and warrants that he 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 he 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. 11 UB\NGS\557188 • 3.5.19 Equal Opportunity Employment. Consultant represents that he is an equal opportunity employer and he shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex 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. 3.5.20 Labor Certification. By his signature hereunder, Consultant certifies that he 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. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct his 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. 3.5.22 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. 12 UB'NGS\557188 • CITY OF ARCADIA CONSULTANT By: b.rlf By: a, A6 ,4974=-- ____ William R. Kelly W. Curtis Whitlatch City Manager for City Spaces, Inc. ATTEST: ne D. Alford City Clerk APPROVED AS TO FORM: Step en P. Deitsch City Attorney • 13 UBWGS\557188 EXHIBIT "A" SCOPE OF SERVICES City Spaces, Inc. (Consultant) will provide services for design and remodel of the City of Arcadia (City) Council Chamber and adjoining Conference Room. The following terms and conditions of the Agreement (Agreement) serve to outline the services the Consultant shall provide to the City: 1 . Consultant shall meet with City officials and staff to review project approach, scope, task, budget, objectives and schedule of work and all key issues, including design direction, color preference, image and atmosphere. 2. Consultant shall verify the accuracy of the location of partitions, columns, doors, etc., using building architectural drawings. This information will be refined and incorporated into construction documents. 3. Consultant shall develop three (3) color schemes compatible with the design function and design direction and will present appropriate fabric for upholstery, wall covering, floor covering, paint and millwork for selection by City. 4. Consultant shall present loose finish samples, brochures, and sketches for review of preliminary design ideas. 5. Consultant shall select new ceiling tiles and light fixtures for Conference Room as approved by City, and new lighting for dais in Council Chamber appropriate for televising purposes and in coordination with City's audiovisual consultant specifications. 6. Consultant shall coordinate with City's audiovisual consultant for location of new equipment in both areas. 7. Consultant shall provide the final design scheme and one revision for approval by City. 8. Consultant shall review furniture, including theater chairs and conference chairs, and appliance selection with City and prepare budget and specifications for same. A-1 UB\NGS\557188 • 9. Consultant shall prepare and submit for bidding purposes Design Development Plans that include, to the extent possible, preliminary pricing requirements and bid specifications for: a. Building standard and upgraded construction b. Areas to receive standard and upgraded finishes (including items that may be alternately bid) c. Above-standard conditions d. Millwork, cabinet and plumbing fixtures e. Special electrical requirements f. Typical telephone and electrical outlets g. Special HVAC and electrical requirements h. Typical lighting information A-2 UB\NGS\557188 EXHIBIT "B" SCHEDULE OF SERVICES. Consultant shall provide appropriate time and expertise to complete the scope of services no later than October 31 , 2001 , unless extended by mutual consent of the parties. • B-1 UB\NGS\557188 • EXHIBIT "C" COMPENSATION Upon receipt of invoice; City shall pay to Consultant, based on Consultant's Fee Schedule and Hourly Rates, an amount not to exceed Six Thousand, Six Hundred dollars ($6,600) for services outlined in Exhibit "A", unless advance written approval for additional work is given by City. Additional reimbursement shall be made for expenses including blueprints, drawing reproduction, renderings, toll telephone calls, messenger and delivery services, and travel outside a five (5) mile radius of their office at Federal IRS standard, at a rate of cost plus ten percent (10%). Other additional services, such as work outside the Scope of Services outlined in "Exhibit A", millwork drawings, changes in scope or quality of the project, or other upgrades shall have prior written approval by City. • C-1 UB\NGS1557188 . ....rte J.v- . u��aru �ti a, a' aiw. r .v Ll t13 i"` " DA E M M!OD Y 1 �=3 k.i 11 510 1 2 PRODUCER 626-583-1900 THIS CERTIFICATE ;SUED AS A MATTER-OF INFORMATION Golden Pacific Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 7045 COMPANIES AFFORDING COVERAGE Pasadena, CA 91109-7Q45 COMPANY A The Hartford INSURED COMPANY City Spaces Inc. B City Furniture Association Inc COMPANY 234 E. Colorado Blvd., #850 C Pasadena CA 91101 COMPANY ,....•..:.... ..... ,. ,.•,.•,.,., a . .,..... ,a.. .....,..r.. :,},..,F<;•n..:. :'.a....•...:o., ,..w• «fr. sisYYra t �..v...:. ,.: .. ... :,.<t}..r....a..> .... ........ ..)..,..t>.Y.t.<..r.. ..,......,..... L.tw.>t:}.K .. .. .. .....,....:r.,.aYaa::.ar..,.., :.::,::':•.:;;,•... ... ...........�..<>,.,,x.r. ,.,.a...... ..,.. ..a.x:..........a•:t�a<n;.;:;;•......:.......�:•.,... :ii°%:'"+5 °'!'s': t•z•< xa.a jr n.<.x•s THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. nit TYPE OF INSURANCE POLICY NUMBER DATE(MMlD6lYY) DATE{MJDDIYYN LIMITS GENERALLIABIUTY 72SBAGK238 8/22/00 8/22/01 GENERAL AGGREGATE s 2000000___ X COMMERCIAL GENERAL UABILITY PRODUCTS•COMP/OP AGG S EXCLUDE ___ ..... _ CLAIMS MADE © OCCUR PERSONAL&AOV INJURY _, 1 000000 OWNER'S&CONTRACTOR•S PROT EACH OCCURRENCE 1000000 FIRE DAMAGE(Any one Rrc) 300000 MED EX _P(Any one person) 10000 A _AUTOMOBILE LIABILITY 72SBAGK238 8/22/00 8/22/01 COMBINED SINGLE LIMIT S 1000000 ANY AUTO --� ALL OWNED AUTOS BODILY INJURY (Per oereon) _ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (PEE accident) PROPERTY DAMAGE GARAGE UABIUTY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: ;;;;;; -- �� EACH ACCIDENT S AGGREGATE $ •EXCESS LIABILITY EACH OCCURRENCE S - a UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA DORM $ WC STATU- 0TH-::.:::.::...:.:.;..:.;.;..:: WORKERS COMPENSATION AND TORY LIMIT$ EMPLOYERS'LIABILITY EL EACH ACCIDENT _5 THE PROPRIETOR/ INCL EL DI$EA$E-POUCY LIMIT S PARTNERS/EXECUTIVE OFFICERS ARE: EXCt EL DISEASE•EA EMPLOYEE S OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!SPECIAL ITEMS City of Arcadia,its director, officials, officers,employees, agents and volunteers shall be covered as additional insured with respects to work performed by the named insured. (Blanket Add'I Insured-Attached 30 Da s except 10 days for non-.a merit .... . _,...... :.....::...... : :.:.]%::,.tea.... . < a..,.... .a.a.a..:... .....,... .<,.}...t.:.,a.,a.;. s:. ..... ..... .. ,t;x:M::]: ��}; r .t.�::n x%��• ..\. ]:k.... •] xa:. a. :i?.t�w+.Se'.;:iybi:�$; s,.x.": :;.:., �7:�40�s,: ,��j a.. .a l,;:>.:....R.:: Y.Y.Y:h}Y'.:r:'::L:.,.,::.:.;.y...i>.:^::?•S::.H,:a9: .t iY.}}'�«:t.>r,' a :x ; • .t•\^}}: Y n}}:,,: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF ARCADIA EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: CINDY L. ROWE 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT, P. 0. BOX 60021 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ARCADIA, CA 91066-6021 AUTHORIZED ESENTATIV j •�•s �rt� `�� 7.Of3` �r.. `A'titA��Y'11� a.8.a� :i .Y.'•Y4Y:a a' ii%�t .oW�..:.v.,,., :Y i::Lat.I<:K':.%.,:............ . • rCLl-1J-Gbell 1b.11 UUL1) N VHL1rIL iN5. P.03/03 - BUS' - LIABILITY COVERAGE I-UHM • b. Any person (other than your employee), or (a) The.preparirig. pproying�or failure •any organization while acting as your reel to prepare--or approve maps, drawing",opinions, reports,surveys. estate manager. change orders, designs or c. Any person or organization having proper specificatiorirder and custody of your property if you die, (b) Supervisory 1 inspection, or but only: engineering services. (1) With respect to liability arising out of the (2) When a lessor of leased equipment maintenance or use of that property;and becomes an insured under provision 2.f., (2) Until your legal representative has been the following additional exclusions apply: appointed. (a) To any 'occurrence' which takes rei d. Your legal representative if you die, but place after the equipment lease only with respect to duties as such. That expires;or � v representative will have all your rights and (b)To 'bodily injury' or 'property H duties under this policy. damage' arising out of the sole e. Any'employee"of the insured while acting in negligence of the lessor. o the scope of his/her duties as a retail (3) When owners or other interests from o pharmacist,or optician or optometrist. whom land has been leased become o Additional Insureds by Contract, an insured under provision 2.1,, the 'X' Agreement or Permit • following additional exclusions apply: Any person or organization with whom you (a) Any 'occurrence'which takes place r agreed, because of a written contract or after you cease to lease that land;or c agreement or permit, to provide insurance (b) Structural alterations, new o such as is afforded under this Business construction or demolition e Liability Coverage Form, but only with operations performed by or on respect to your operations, 'your work' or behalf of the owners or other facilities owned or used by you. interests from whom land has been . However,coverage under this proves►does leased. emu not apply: (4) When managers or lessors of premisas (1) Unless the written contract or agreement become an insured under provision 2.f., win has executed or permit has been issued' the following exclusions apply: prior to the 'bodily injury; 'pmpertY (a) Any `occurrence' which takes place damage,' 'personal injury or after you cease to be a tenant in that 'advertising injury.' premises:or (2) To any person or organization included . (b) Structural alterations,new construction as an insured under provision g.(Broad or demolition operations performed by Form Vendors). or on behalf of the manager or lessors (3) To any other person or organization of the premises. shown in the Declarations as an Addi- g. Additional Insured-Broad Form Vendors bona!insured. Any person or organization with whom you • Coverage under this provision includes agreed, because of a written contract or the tollowing: agreement to provide insurance, but only (1) When an engineer, architect °r with respect to 'bodily injury' or 'property surveyor becomes an insured under damage' arising out of'your products' which provision 2.1., the following additional are distributed or sold in the regular course exclusion applies: of the vendor's business, subject to the 'Bodily injury,' 'property damage,' following additional exclusions: °personal injury,° or 'advertising injury° (1) The insurance afforded the vendor does arising out of the rendering of or the not apply to: failure to render any - professional (i) 'Bodily injury"or'property damage'for services by or for you including: which the vendor is obligated to pay Page 9 of 18 Form SS 00 09 02 98 Printed in U.S.A. (NS) TOTAL P.03