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HomeMy WebLinkAboutC-1764 vSzo y CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT HISTORIC RESOURCES SURVEY 1. Parties and Date. This Agreement is made and entered into this 9th day of May, 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, CA 91007 ("City") and Cultural Resource Management, a Sole Proprietorship with its principal place of business at 556 South Fair Oaks #101-332, Pasadena, C 91105 ("Consultant"). City and Consultant are sometimes individually referred to a- "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 preparing histori• resources surveys, is licensed in the State of California, and is familiar with the City 2.2 Project. City desires to engage Consultant to conduct a Historic Resources Survey t at will identify a list of potential historic and cultural sites throughout the City ("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 o furnish to the City all labor, materials, tools, equipment, services, and incidental an. customary work necessary to fully and adequately supply the professional consulti g services necessary for the Project ("Services"). The Services are more particular) described in Exhibit "A", "Scope and Work Plan" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, • CRM Agree ent Page 1 t 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 April 20, 2001 `o December 31, 2002 unless earlier terminated as provided herein. Consultant shall . meet all established schedules and deadlines per the City's Architectural Design Review Guidelines. . 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 th requirements of this Agreement. City retains Consultant on an independent contrac or 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 Agreem nt and as required by law. Consultant shall be responsible for all reports and obligatio s respecting such additional personnel, including, but not limited to: social security ta)es, 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 as 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 conforman e • with such conditions. 3.2.3 Conformance to Applicable Requirements. All work prepared b Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to I ity that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultan may substitute other personnel of at least equal competence upon written approval )f 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. The key personnel for performance of this Agreement are Stephen Smith and Lacey Withers CRM Agreement Page 2 . ii 3.2.5 City's Representative. The City hereby designates Don Penm n, Assistant City Manager/ Development Services Director, or his designee, to act as tlis representative for the performance of this Agreement ("City's Repreentative"). 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 or her designee. 3.2.6 Consult ant's Representative. Consultant hereby designates Wendel Vernon Eckford, or his or her designee, to act as its represerirtative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consu tant 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 fo the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely wit City staff in the performance of Services and shall be available to City's staff and • consultants 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 professio als 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. Consultant warrants that all employees.shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it and it employees have all licenses, permits, qualifications and approvals of whatever natute that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout,the term of this Agreement. Any employee who is • determined by the City to be uncooperative, incompetent, a threat to the adequate r 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 th City, shall be promptly removed by the Consultant and shall not be re-employed to perform any of the Services performed by the Consultant for the City. 1 3.2.9 Laws and Regulations. Consultant shall keep itself fully informe. of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable f•r all violations of such laws and regulations in connection with Services. If the Consu tant performs any work knowing it to be contrary to such laws, rules and regulations and CRM Agreement Page 3 without giving written notice to the City, Consultant shall be solely responsible for a costs arising therefrom. Consultant shall defend, indemnify and hold City, its offici Is, 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. 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 or employees. 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) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (C) 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 s all apply separately to this Agreement/ location or the general aggregate limit shall be twice the required occurrence limit; (B) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (C) 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 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: CRM Agreement Page 4 (A) General Liability. The general liability policy shall be endorsed to state that: (A) the City, its directors, officials, officers, employees, age ts 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 o equipment furnished in connection 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 o' coverage excess of the Consultant's scheduled underlying coverage. Any insuranc- or self-insurance maintained by the City, its directors, officials, officers, employees, ag-nts and volunteers shall be excess of the Consultant's insurance and shall not be calle• upon to contribute with it. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (A) the City, its directors, officials, officers, employees, age ts and volunteers shall be covered as additional insured with respect to the ownership operation, maintenance, use, loading or unloading of any auto owned, leased, hire. or . borrowed by the Consultant or for which the Consultant is responsible; 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 cover:ge. Any insurance or self-insurance maintained by the City, its directors, officials, offic-rs, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it. (C) Workers' Com•ensation and Em•lo ers Liabilit Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directo s, 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 certi led mail, return receipt requested, has been given to the City; and (B) any failure to co ply with reporting or other provisions of the policies, including breaches of warranties, s all not affect coverage provided to the City, its directors, officials, officers, employees,• agents and volunteers. 3.2.10.4 Separation of Insureds; No Special Limitations. A II insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on t e scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. CRM Agree ent P ge5 3.2.10.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Cit . Consultant shall guarantee that, at the option of the City, either:. (A) the insurer sh II reduce or eliminate such. deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (B) the Consultant shall procure a bond guaranteeing payment of losses and related investigation cost., claims and administrative and defense expenses. 3.2.10.6 Acceptability of Insurers. Insurance is to be plac=d 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. 3.2.10.7 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage require. by this Agreement on forms satisfactory to the City. The certificates and endorsement. for each insurance policy shall be signed by a person authorized by that insurer to bin. 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 w.rk commences. The City reserves the rights to require complete, certified copies of al required insurance policies, at any time. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, includi g authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The t•tal compensation shall be forty-one thousand, one hundred and eighty one dollars ($41,181) which may not be exceeded without the City's prior written authorization. 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 that indicates work completed and hours of Services rendered by Consultant on each specific project. 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 o• the statement. City shall, within 45 days of receiving such statement, review the state ent and pay all approved charges,thereon. . 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbur ed for any expenses unless authorized in writing by City. CRM Agree ent P ge6 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 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 novice 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 that 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. CRM Agreement Page 7 • 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: Cultural Resource Management 556 S. Fair Oaks #101-332 Pasadena, CA 91105 • Attn: Wendel Vernon.Eckford CITY: ' City of Arcadia 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 Attn: Donna Butler, Community Development Administrator 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 address d to the party at its applicable address. Actual notice shall be deemed adequate notice o 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. his 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 pro erty embodied in plans, specifications, studies, drawings, estimates, and other 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("Docume Its& _ Data"). Consultant represents and warrants that Consultant has the legal right to lic nse any and all Documents & Data. Consultant makes no such representation and warra ty in regard to Documents & Data that were prepared by design professionals other han Consultant or provided to Consultant by the City. City shall not be limited in any way n its use of the Documents and Data at any time, provided that any such use not withi the • purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, pl ns, • procedures, drawings, descriptions, computer program data, input record data, wr tten information, and other Documents and Data either created by or provided to Consultant in CRM Agreement , Page 8 connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, by us d by Consultant for any purposes other than the performance of the Services. Nor shall uch materials be disclosed to any person.or entity not connected with the performance f the Services or the Project. Nothing furnished to Consultant who 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, grade 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 wit one another, and shall take any additional acts or sign any additional documents as m-y 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 wit 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 pay for the cost of defense, inde nify 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, lial ility, loss, damage or injury, in law or equity, to property or persons, including wrongful death, arising out of any negligent acts, omissions or willful misconduct of Consultant, its offs ials, officers, employees, agents, consultants arising out of or in connection with the negl gent acts of error or omission in performance of the Services, the Project or this Agree ent, including without limitation the payment of all consequential damages and attorneys fees and other related costs and reasonable expenses. 3.5.7 Entire Agreement. This Agreement contains the entire Agreem nt of • the parties with respect to the subject matter hereof, and supersedes all prior negotia ions, understandings or agreements. This Agreement may only be modified in writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws f 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 pro ision 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. CRM Agreement - Page 9 3.5.11 Successors and Assigns. This Agreement shall be binding o1 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, an any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their a ents have participated fully in the preparation of this Agreement,the language of this Agree ent 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 de Fled calendar days and not work days. All references to Consultant include all person nel, . employees, agents, and subcontractors of Consultant, except as otherwise specified i�this Agreement. All references to City include its elected officials, officers, employees, ag nts, 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, arid 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 sign d by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any ther default or breach, whether of the same or other covenant or condition. No waiver, be efit, privilege, or service voluntarily given or performed by a Party shall give the other Part 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 decl.red invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. CRM Agreerinent Page 10 3.5.18 Prohibited Interests. Consultant maintains and warrants that it h-s not employed nor retained any company or person, other than a bona fide employee wo king solely for Consultant,to solicit or secure this Agreement. Further, Consultant warrant.. that it has not paid nor has it agreed to pay any company or person, other than a bon- fide employee working solely for Consultant, any fee, commission, percentage, brokerag: fee, gift or other consideration contingent upon or resulting from the award or making o this Agreement. For breach or violation of this warranty, City shall have the right to rescin• this Agreement without liability. For the term of this Agreement, no member, offic-r or employee of City, during the term of his or her service with City, shall have any •irect interest in this Agreement, or obtain any present or anticipated material benefit a ising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it s an equal opportunity employer and it shall not discriminate against any subcontr-ctor, employee or applicant for employment because of race, religion, color, national o igin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be li ited to, all activities related to initial employment, upgrading, demotion, transfer, recruitm-nt or recruitment advertising, layoff or termination. Consultant shall also comply with all rel=vant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19.1 Non-discrimination. The Consultant will not discrim nate against any employee or applicant for employment because of race, creed, sex, •olor, national origin or on the basis of age or with respect to an otherwise qualified hand cap. The Consultant will take affirmative action to ensure that applicants are employed an' that employees are treated during employment, without regard to their race, creed, sex, •olor, national origin or on the basis of age or with respect to an otherwise qualified hand cap. Such action shall include, but not be limited to the following: employment, upgra•ing, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rat-s of pay or other forms of compensation; and selection for training, including apprentice.hip. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisio s of this non-discrimination clause. 3.5.19.2 Advertisements. The Consultant will, in all solicitati•n or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, c eed, color, sex, national origin or on the basis of age or with respect to an otherwise qualified handicap. 3.5.19.3 Subcontracts. The Consultant will cause the fore.oing provisions to be inserted in all subcontracts for any work covered by this Agreements• that such provisions will be binding upon each subcontractor, provided that the fore oing CRM Agree ent Pa e 11 provisions shall not apply to contracts for subcontracts for standard,commercial supplies or raw materials. 3.5.19.4 Compliance with federal regulations. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary of Labor. 3.5.19.5 Reports. The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by the rules, regulations and orders of the Secretary of Labor or pursuant thereto and will permit a cess to his books, records and accounts by the City and the Secretary of Labor for purpos s of investigation to ascertain compliance with such rules, regulations and orders. 3.5.19.6 Penalties. In the event of the Consultant's non-compli nce with the equal opportunity clauses of this Agreement or with any of such rules, regula ions or orders, this Agreement may be canceled, terminated or suspended in whole or i part and the Consultant may be declared ineligible for further government contrac s in accordance with procedures authorized in Executive Order 11246 of September 24, ji 965 and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secret ry of • Labor or as otherwise provided by law. 3.5.19.7 Enforcement.The consultant will include the provisions f the above paragraphs in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Exe lutive Order 11246 of September 24, 1965, so that such provisions will be binding upon ach subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing uch . provisions, including sanctions for non-compliance; provided, however,that in the event the Consultant becomes involved in, or is threatened with litigation with a subcontrac or or vendor as a result of such direction by the City, the Consultant may request the U ited' • States to enter into such litigation to protect the interests of the United States. 3.5.20 Civil Rights Act of 1964. Under title VI of the Civil Rights Act of 964, no person shall, on the grounds of race, color, age or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination unde any program or activity receiving federal financial assistance. 3.5.21 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. CRM Agreement Page 12 • 1 _ �`� • 3.5.22 Authority to Enter Agreement. Consultant has all requisite pow=r and authority to conduct its business and to execute, deliver, and perform the Agree ent. 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. 3.5.23 Counterparts.This Agreement may be signed in counterparts, e-ch of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Consultant shall not subcontract any portion of the work requir=d by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making hem subject to all provi•.ions stipulated in this agreement. CITY OF ARCADIA CULTURAL RESOURCE MANAGE T By: U�U 1 ���•6'� By: tiL11 I • �. William R. Kelly, City Manager Wendel Vernon Eckford ATTEST: • Alford / City Clerk APPROVED AS TO FORM: F' Stephen P. Deitsch City Attorney CRM Agree ent Pa•e13 EXHIBIT"A" SCOPE OF SERVICES Consultant shall perform the following: TRACKI Phase I -Preliminary Planning and Building Review. Phase II -Visual Field Survey & Study. I. Southern Section 2. Historic Downtown 5. Eisenhower District 6. Orange Grove District 7. Highland Oaks District Phase Ill -Evaluation and Documentation of Significant Structures. Phase IV-Preparation of Draft and Final Study TRACK I: Phase I Preliminary planning and building review will be conducted to determine the extent of the City's existing historic resources. It is necessary to conduct this preliminary investigation in order to ascertain the legal, zoning, original building statistics, building additions, remodels, "move-on" etc. The scope of the work w•uld include, but not limited to: collect available drawings, specifications, planning and building histories, etc., from the City. Phase I -Preliminary Planning and Building Review. • Investigate the archives of the Building and Planning departments; Use othe methods to conduct historical study. Phase II -Visual Field Survey & Study • Conduct visual study and conduct historic research. • Conduct historic analysis for Draft Study. • Submit 50% Draft study for review and payment. . Phase III -Evaluation and Documentation of Significant Structures. • Prepare 100% Draft Study, which includes all forms stipulated by SHPO. • Submit 100% Draft Study to the City of Arcadia for review and comment. • Payment from City of Arcadia due upon review of 100% Draft Study submitt-1. Phase IV-Preparation of Draft and Final Study. • Submit final study to City of Arcadia • Final Payment Due from City of Arcadia. RVPUB'NGS1557188 . A-1 • EXHIBIT"B" SCHEDULE OF SERVICES SURVEY SCHEDULE Task Duration Phase I 10 days Phase II 181 days Southern Section 60 days Historic Downtown 30 days Eisenhower District 30 days Orange Grove District 30 days Highland Oaks District 30 days Phase III 20 days Phase IV 10 days Track 1 Survey Report 220 days total RVPUB\NGS\557188 B-1 EXHIBIT"C" • COMPENSATION PROJECT BUDGET CRM & ISPLC Staff Hours Rate Total Project Manager 300 $55 $16,500 Staff Architect 160 $55 $8,800 Staff Assistant 32 $16 $512.00 Research Associate 960 $35 $15,369 Total $41,181 RVPUB\NGS\557188 c-1 Certificate of Insurance 1 of 1 #,M29656 Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc. THE CERTIFICATE HOLDER.THIS CERTIFICATE OES 265 Bullard, #101 NOT AMEND,EXTEND OR ALTER THE COVERAGE Fresno, CA 93704-1513 AFFORDED THE POLICIES LISTED BELOW. Insureds Name and Address: Companies Affording_Policies: A.American Motorists Insurance Co. Cultural Resource Management, LLC B.Continental Casualty Company 556 So. Fair Oaks#1014322 c Pasadena, CA 91105 ID. E. F. COVERAGES:THIS IS TO CERTIFY THAT 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. TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE POLICY LIMITS A GENERAL LIABILITY 7RS79282900 04/17/01 04/17/02 General Aggregate: $2,000,000 Commercial General Liability Products-Com/Ops ❑ Claims Made Aggregate: $2,000,000 ® Occurrence Personal and Adv.Injury:$,000,000 11 Owner's and Contractors Each Occurrence: $ ,000,000 Protective Fire Dmg.(any one fire): $00,000 ❑ - - A AUTO LIABILITY 7RS79282900 04/17/01 04/17/02 Combined Single Limit: $1,000,000 ❑ Any Automobile Bodily Injury/person: $ ❑ All Owned Autos Bodily Injury/accident: $$ ❑ Scheduled Autos Property Damage: - $ Hired Autos © Non-owned Autos ❑ Garage Liability EXCESS LIABILITY Each Occurrence: ❑ Umbrella Form Aggregate: ❑ Other than Umbrella Form A WORKERS' 7CW61830400 04/17/01 04/17/02 Statutory Limits COMPENSATION Each Accident: $1,000,000 AND EMPLOYER'S Disease/Policy Limit: $ ,000,000 LIABILITY Disease/Employee: $1,000,000 B PROFESSIONAL MCA114120421 04/18/01 04/18/04 Per Claim 1,000,000 • LIABILITY' Aggregate ,000,000 • $0 Description of Operations/LocationsNehicles/Restrictions/Special items: THE CITY OF ARCADIA,ITS DIRECTORS,OFFICIALS,OFFICERS, EMPLOYEES,AGENTS AND VOLUNTEERS ARE NAMED ADDITIONAL INSUREDS AS RESPECTS GENERAL AND AUTO LIABILITY REGARDING ALL OPERATIONS OF THE NAMED INSURED WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION POLICY `Written at aggregate limits of liability not less than amount shown. Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. City of Arcadia CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION Candyce Burnett, Assis Planner DATE THEREOF,THE ISSUING COMPANY,ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 240 West Huntington Drive DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,EXCEPT IN Arcadia, CA 91066-6021 THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. Authori/d -pre.-n.ti 04250�� cc: i y • KEMPER PREMIER ENDORSEMENT FOR ARCHITECTURE AND ENGINEERING FIRMS This blanket endorsement modifies insurance provided under the following: Named Insured: Cultural Resource Management LLC Policy Term: 04/17/01 –04/17/02 Policy No. 7RS79282900 1. THE FOLLOWING IS ADDED TO THE BUSINESS OWNERS LIABILITY COVERAGE FORM, BP 71 08: Item 5.of Section C.–WHO IS AN INSURED, is deleted and replaced by the following: ADDITIONAL INSURED—BY CONTRACT,AGREEMENT OR PERMIT City of Arcadia,its directors, officials, employees,agents and volunteers Any person or organization (named above)to whom or to which you are obligated by virtue of a written contract,agreement or permit to provide such insurance as afforded by this policy is an insured, but only wi.h. respect to liability arising out of: a. "Your work"for that insured by you, including work or operations performed on your behalf for that insured; b. Permits issued by state or political subdivision for operations performed by you;or c. Premises you own, rent,occupy or use. PRIMARY/NON-CONTRIBUTORY—This insurance is primary and is not additional to or contributing w ith any other insurance carried by or for the benefit of Additional Insureds. This provision does not apply unless the written contract or agreement has been executed, or the permit h s been issued, prior to the"bodily injury," "property damage,""personal injury"or"advertising injury." This provision does not apply to any person or organization included as an insured under Additional Insure –Vendors. 2. SEPARATION OF INSUREDS—Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured,this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. 3. NOTICE OF CANCELLATION a. If we cancel this policy for any reason other than non-payment of premium,we will mail written notice at least 30 days before the effective date of cancellation to the Additional Insureds on file with the Company. b. If we cancel this policy for non-payment of premium,we will mail written notice at least 10 days before the effective date of cancellation to the Additional Insureds on file with the Company. 4. WAIVER OF SUBROGATION—V.2.a.Applicable to Businessowners Liability Coverage: If the insured has rights to recover all or part of any payment we have made under this policy,those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against any party for a loss occurring. However,the insured must do nothing after a loss to impair these rights. At our request,the insured will bring"suit"or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated. AMER! ‘A OT S I URANC COMPANY Aut orized Signature: Rita Scott [NOTE: MEETS OR EXCEEDS CG 20 10 11 85] ISSUED: April 25,2001