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CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
WITH HOGLE-IRELAND, INC.
1. PARTIES AND DATE.
This Agreement is made and entered into this /14 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, California 911066-
6021 ("City") and Hogle-Ireland, Inc., Planning Consultants, a CORPORATION, with its
principal place of business at 5 Corporate Park, Suite 160, Irvine, CA 92606 ("Consultant").
City and Consultant are sometimes individually referred to as "Party" and collectively as
"Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth this
Agreement. Consultant represents that it is experienced in professional planning 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 professional services to: (1) compete a
General Plan consistency analysis to determine the extent of consistency between the City's
General Plan Land Use Element and the Zoning Map; and (2) field check all of the identified
sites to document the actual use of the property.
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 consulting services necessary for the
Project ("Services"). The Services are more particularly described in Exhibit "A" attaached
hereto and incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from May 1 , 2001 to
December 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.
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3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements o1 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 no case, shall be completed later than
December 31, 2001, unless approved by the City. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond
to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a
more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to Ci , that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City :o be
uncooperative, incompetent, a threat to the adequate or timely completion of the Projeci or a
threat to the safety of persons or property, shall be promptly removed from the Project y the
Consultant at the request of the City. The key personnel for performance of this Agree is
Michael Thiele or his designee.
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 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 or her
designee.
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3.2.6 Consultant's Representative. Consultant hereby designates Michael
Thiele, or his or her designee, to act as its representative for the performance of this Agreement
("Consultant's Representative"). Consultant's Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein.Any
employee of the Consultant or its sub-consultants who is determined by the City o be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed c f and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any clam or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
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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 i has
secured all insurance required under this section. In addition, Consultant shall not allow) any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor 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 insu lance
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: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's 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: (1) 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;
(2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident
for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate tol their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall
be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
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.
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Work or opera ions
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work; and (2)the insurance coverage shall be primary insurance as respects
the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage. Any insurance or self-insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall
not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agent and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant' s
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) 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 insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of prot action
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
•
expenses.
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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 o 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 its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety deices,
equipment and wearing apparel as are necessary or lawfully required to prevent accide9ts 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, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit `B" attached hereto and incorporated herein by reference. The total compensation
shall not exceed $10,000 without written approval of City's Assistant City
Manager/Development Services Director, Extra Work may be authorized, as described below,
and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within forty-five (45) days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
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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 wich
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 d4ring
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
City, and Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as pro ided
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:
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Consultant: Hogle-Ireland, Inc.
5 Corporate Park, Suite 160
Irvine, CA 92606
Attn: Michael Thiele, AICP
City:
City of Arcadia
240 West Huntington drive
Arcadia, CA 91066-6021
Attn: Don Penman
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 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 o 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, Tans,
procedures, drawings, descriptions, computer program data, input record data, ¶itten
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
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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, 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 arising 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 may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials, o)cers,
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 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 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,
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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 agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, 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 other rise
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 slope,
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, be)iefit,
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 N o_ 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 dec ared
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 it has not
employed nor retained any company or person, other than a bona fide employee working olely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission,percentage, brokerage fee, gift or other consideiation
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his
or her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex 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.
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, . .
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies t at it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
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 wifitten
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF ARCADIA HOGLE-IRELAND,INC.
B ale( v�I/
/.'" /X
Y
William R. Kelly ( Paul I : and
City Manager Partn-r
ATTEST:
--,i_z,,,,_, /1 3fee---tS
,c1)
City Clerk
APPROVED AS TO FORM
,, ,p_li,(, G? 4;--4--ty
Stephen P. Deitsch
City Attorney
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EXHIBIT"A"
SCOPE OF SERVICES
TASK 1 Compare the City's existing General Plan Land Use Map with the City's
existing Zoning Map and identify all inconsistencies.
TASK 2 Field check all of the identified sites to document the actual use of the
property. The field check shall be documented through photographs of t e
subject properties and immediate surrounding properties. A digital cam•ra
will be used to take the photographs in order to be easily transferred ont•
other formats such as exhibits for staff reports or exhibits within a Powe
Point presentation. Based on the Field check,Hogle-Ireland will recommend
for each property,the appropriate action to bring the General Plan and
Zoning into consistency.
Services will be provided on a cost and materials basis in accordance with the attached Sche ule
of Hourly Rates. An Assistant Project Manager will be assigned to complete the tasks with
Michael Thiele overseeing the work effort. Hogle-Ireland is available to begin work
immediately and anticipates that the research and documentation to be completed within a w-ek
of authorization to proceed.
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EXHIBIT"B"
SCHEDULE OF HOURLY RATES
HOGLE-IRELAND, INC.
HOURLY RATES
Effective March 1, 2001
CLASSIFICATION RATE
Partner $142.00
Principal 115.00
Senior Designer 105.00
Senior Project Manager 100.00
Project Manager 92.00
Senior Associate Project Manager 85.00
Associate Project Manager 80.00
Assistant Project Manager 65.00
Graphics Designer 65.00
Project Technician/Permit Technician 48.00
Word Processing 38.00
RVPUB\NGS\557188
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MAY-j1-2001 07:17AM FROM-HOGLE-IRELAF.-- , 9495530935 - T-427 P.002/005 F-081
ACORD CERTIFICA._ ,_ OF LIABILITY INSUI ...',CI OP ID DI DATE INIM/DDM,`-
OG5001 055,'/02101
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE,
Advanced Insurance Marketing HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1. Sox 4459 ALTER THE COVERAGE AFFORDED BY THE POLICIES BEtOW.
..Inge CA 92863-4459 -i--
Phone: 714--997-8100 INSURERS AFFORDING COVERAGE
INSURED INSURER A; Transcontinental Ins./ CNA
Lingle-Ireland Inc. INSURERS American Casualty Ins. Co./CNA1
Ms. Scarlett Ball - INSURER C; Republic Indemnity - I
5 Corporate Park Dr. , Ste, 160
Irvine CA 92606 INSUReRD Scottsdale Insurance Co. I
INSURER 5: I
COVERAGES I-
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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
TYPE OF INSURANCE • POLICY NUMBER • •� LIMITS
L • DATE(MM/pp)YY) DATE(MId10011T� I
GENERAL LIABILITY EACH OCCURRENCE S 1000000
A X COMMSRCIALGENERALLIABILrIY B1021321990 04/01/01 04/01/02 FIRE DAMAGE(Anyanaire) 5100000
CLAIMS MADE I "1 OCCUR MED EXP(Arty ono person) I S 5000
PERSONAL&ADV INJURY $1000000
GENERAL AGGREGATE B1000000
GENII-AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO S 1000000
7 POLICY-PRO• �^ �_ -. J
JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
B• ANY AUTO $1021601621 04/01/01 04/01/02 (esaccldent} s 1,1:100 I ,040 —
ALL OWNED AUTOS
— BODILY INJURY S
SCHEDULED AUTOS • (Par person)
X HIRED AUTOS BODILY INJURY
X NON•OWNED AUTOS (Pet acodenr)
PROPERTY DAMAGE rs•
(F.,-accident)
GARAGE LIABILITY AUTO' ACCIDENT
ANY AUTO OTHER THAN nAAcc $
EXCESS LIABILITY EACH OCCURRENCE $1)000,000
B iii OCCUR I ] CLAIMS MADE B1077274304 04/01/01 04/01/02 ACCREGATE. B 1, 000 000
Is I
DEDUCTIBLE — $
) I RETENTION s 10 x 0 0 0 _ $ I
�bC SIATU- Oi!i=
WORKERS COMPENSATION AND X I TORY LIMITS Pit I
C
EMPLOYERS'LIABILITY 14719702 04/01/01 04/01/02 EL.EACH ACCIDENT 511,000r000
EL,DISEASE-EA EMPLOYEE $11,000_i 000
E.L DISEASE.POLICY UMTI S 1 00 0,0 00
OTHER
D Errors & Omissions MSS0000145 04/01/01 04/01/02 Ea Claim 1,000,00
Claims Made Form $5,000 DED EA. CLAIM Aggregate 1,000 000
DESCRIPTION OF OPERATIONSjLOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
10 Day NOC for non-payment of premium. City, its directors, 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 under Gen. Liability & Auto. Waiver of subrogation applies to
Workers Camp issued Separately. Insurance is primary and non-contributory. Y
CERTIFICATE HOLDER y ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION I _
I ARCAO 01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 9E CANCELLED BEFpRE THE EXPIRATION
OATE ThEREOF,THE ISSUING INSURER WILL XIMIBEMMED MAR _19..—-DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUYS
CITI OW ARCA,DIA I
aiiiiiiirdwalirfirol
240 W. NONTTNGTON DRIVE AUTHO ATrrE
ARCADIA CA 91007 . I
S(7JL'971 I)ACDRD CORPORATICIN 1988
ACQRD 25 •
MAY-11-2001 07:17AM FROM-HOGLE-IRELAND 9495530935 - T-42T P.003/005 F-081
POLICY NUMBER: B1021321990 COMMERCIAL GENERAL LIABILITY
CG20100397
•
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
•
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: The City of Arcadia,its directors,officials, officers,employees,agents and
volunteers
Of no entry appears above, information required to complete this endorsement will be shown in the Declarations
applicable to this endorsement.)
Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in e
Schedule,but only with respect to liability arising oat of your ongoing operations performed for that insured.
The insurance afforded by this policy to the person or organization listed above is primary insurance
and any other insurance available to such a person or organization is Non-Contributory.
•
•
•
•
•
Page of 1
CG 20 10 03 97 I
MAY-11-2001 07:1TAM FROM-HOGLE-IRELAND_, 9495530935 T-42T P.004/005 F-081
ADDITIONAL INSURED
SCHEDULE
NAME OF ORGANIZATION: The City of Arcadia, its directors, officials, officers, employees,
agents and volunteers
WHO IS AN INSURED(SECTION II)IS AMENDED TO INCLUDE AS AN INSURED THE
ORGANIZATION SHOWN EN THE SCHEDULE, BUT ONLY WITH RESPECT TO TriE
OPERATION OF'VEHICLES OWNED BY THE NAMED INSURED AND OPERATED ON BEHALF
OF THE NAMED INSURED. THIS ENDORSEMENT DOES NOT APPLY TO ANY OPERATIONS
FOR.OTHER THAN THE NAMED INSURED.
THE ADDITIONAL INSURED IS NOT REQUIRED TO PAY FOR ANY PREMIUMS STATED IN
THE POLICY OR EARNED FROM THE POLICY. ANY RETURN PREMIUM AND ANY
DIVIDEND,IF APPLICABLE,DECLARED BY US SHALL BE PAID TO YOU.
•
YOU ARE AUTHORIZED TO ACT FOR THE ADDITIONAL INSURED IN ALL MATTERS
PERTAINING TO THIS INSURANCE.
WE WILL MAIL THE ADDITIONAL INSURED NOTICE OF ANY CANCELLATION OF THIS
POLICY. IF THE CANCELLATION IS BY US, WE WILL GIVE TEN DAYS NOTICE TO THE
ADDITIONAL INSURED.
THE ADDITIONAL INSURED WILL RETAIN ANY RIGHT OF RECOVERY AS A CLAIMANT
UNDER THIS POLICY.
This endorsement is a part of your policy and takes effect on the effective date of your policy,unless
another effective date is shown below.
Must be Completed Complete Only When This Endorsement Is Not Prepared with the Policy
Or Is Not to be Effective with the Policy
ENDT. POLICY ISSUED TO EFFECTIVE DATE OF
NO. NO. TINS ENDORSE NT
TED B10216016 Hogle-Ireland Inc. 05/01/01
21
UCA 258
MAY-41-2001 0T:1TAM FROM-HOGLE-I RELIT" 9495530935 T-427 P.005/005 F-081
Continental Casualty I American Casualty Company National Fire Insurance
Company L of heading, Pa. Company of Ilartford
LJ
Transportation Insurance Valley Forge Insurance Transcontinental Insurance
Company Company Company
Countersigued by
Authorized Representativ:
•
UCA 258