HomeMy WebLinkAboutItem 11d - Design Services for Joint Training Center
DATE: May 7, 2024
TO: Honorable Mayor and City Council
FROM: Chen Suen, Fire Chief
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH FIRE FACILITIES,
INC. FOR DESIGN SERVICES FOR THE ARCADIA AND UNITED
STATES FOREST SERVICE JOINT TRAINING CENTER IN THE
AMOUNT OF $60,000
CEQA: Not a Project
Recommendation: Approve
SUMMARY
The City is investigating a joint project with the United States Forest Service (“USFS”) to
build a joint training center (Training Center) located at the Angeles Forest Service
Headquarters Station, 701 N. Santa Anita Ave. The Training Center will fill a critical
need in the region by providing an ideal setting to train first responders in the area and
bolster inter-agency emergency response. The Training Center will also provide a
much-needed, dedicated training space for Arcadia firefighters and specifically enable
training to respond to an urbanizing downtown core.
Fire Facilities, Inc. is the sole source supplier of Wesco Steel Fire Training Towers and
Westec Insulation Systems, which is the preferred vendor for the proposed training
structures. Therefore, it is recommended that the City Council approve, authorize, and
direct the City Manager to execute a Professional Services Agreement with Fire
Facilities, Inc. for design services for the Arcadia and USFS Joint Training Center, in the
amount of $60,000.
BACKGROUND
The mission of the Arcadia Fire Department is to deliver necessary services that
minimize the loss of life and property threatened by the hazards of fire, medical and
rescue emergencies, hazardous materials incidents, and disaster situations in the
community. Over time, the scope and responsibility of the Fire Department has
expanded and evolved into a more complex operation, encompassing an all-hazard, all-
risk approach to emergency response. As the City continues to grow, the complexity of
taller, denser developments with higher-occupancy loads will require a greater
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emphasis on quality, advanced training. A dedicated training space is needed to meet
this growing demand.
Currently, the Fire Department utilizes various areas throughout Arcadia to conduct its
training. Locations such as the City’s Public Works Yard located behind Fire Station
107, and various parking structures in the City have provided an acceptable space for
training. However, these areas do not provide a realistic space that mimics true
emergencies. Additionally, the Fire Department currently shares a joint training center
with Monrovia Fire that is located at 2055 S. Myrtle Ave., in Monrovia. The use of this
joint training center with Monrovia creates complications due to its location outside of
City borders. For instance, when multiple crews train on a single scenario, most or all of
Arcadia’s fire response personnel are outside of City borders, which can significantly
affect response times, if a call occurs during the training. This results either in a loss of
service, or a need to call in other agencies to cover the community while training
happens. This limits the City’s ability to conduct this type of large-scale training, which is
critical to readiness. Further, because of the small footprint of the Monrovia Training
Center, the types of training that can be conducted is limited. The small footprint of the
Monrovia Training Center is especially challenging for multicompany trainings that use
multiple apparatus, requiring a larger space. Although there is an existing agreement
between Monrovia and Arcadia that is set to expire in June 2024, primary control of the
tower respective to scheduling, maintenance, and upgrade decisions rests with
Monrovia.
DISCUSSION
The 2020 Bobcat Fire further emphasized the need and importance of inter-agency
training and cooperation, especially with the USFS. The proposed project will meet this
need. An existing training agreement is in place with the USFS at their headquarters
site in the center of Arcadia. Currently, the Fire Department uses and maintains several
training props, including simulated roof props for ventilation training and areas used for
confined space rescues. This project would entail an expansion of this site with some
additional improvements. The specific area that the proposed Training Center would be
built on measures approximately 30,000 square feet and is an unimproved dirt lot. The
Fire Department has engaged in advanced discussions with the USFS on the special
use permitting of the location. USFS Angeles Forest Chief Robert Garcia and his staff
have provided their verbal support for the project.
The proposed project would include a four-story training tower with live fire training
capabilities and classroom space. There would also be a residential simulation element
integrated within the training tower that allows firefighters to deploy hose lines and
simulate rescues in a residential environment. These elements also provide
opportunities for a more expansive variety of training exercises that include laddering,
search and rescue, rappelling, roof operations, and high-angle rescue operations.
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After researching several options for training structures, Wesco Steel Fire Training
Towers provided the greatest flexibility of design and function. The design of the
structure will incorporate features, options, and layouts that are specifically matched to
meet this City’s current and future needs. Unique to Wesco Steel Fire Training Towers
is its Westec Insulation System, which is used in the live-burn room that provides
unprecedented protection for the fire training structure. As a result of this insulation
system, burn rooms are provided with the industry’s best 15-year limited warranty.
Additionally, Fire Facilities Inc. has produced over 500 training towers that are in use
nationwide and in several foreign countries. Each tower was designed and engineered
specifically for local and regional site conditions. Fire Facilities, Inc. is the sole provider
for both the Wesco Steel Fire Training Towers and the Westec Insulation System.
Extensive research was also conducted on various potential funding sources and
opportunities for the Training Center. After meeting with various offices of elected
officials, it is apparent that projects that are identified as “shovel-ready” would be
prioritized over others that were not. A commitment to the design phase of the Training
Center would bolster the City’s application for funding for various grant opportunities at
the federal, state, and local levels. Additionally, the design phase will assist the City in
costing of the project. The Fire Facilities Inc.’s expertise in producing a suitable
blueprint for the Joint Training Center’s design will help establish the foundational phase
of the project.
ENVIRONMENTAL ANALYSIS
The Professional Services Agreement with Fire Facilities, Inc. is only to authorize
design drawings to be completed, and therefore, does not constitute a project under
Section 15061(b)(3) of the California Environmental Quality Act (“CEQA”) Guidelines, as
it can be seen with certainty that it will have no impact on the environment.
FISCAL IMPACT
The total cost for the design of the Arcadia and USFS Joint Training Center is $60,000.
Sufficient funds are currently available in the Fire Protection Facilities Development
Impact Fee Fund (“Fire Impact Fee”). The Fire Impact Fee was approved by City
Council on May 2, 2023, and was established in response to the Citizen’s Financial
Advisory Committee’s recommendation for ensuring future funding for expanding
community needs. Specifically, the Fire Impact Fee was adopted to ease the financial
burdens associated with increased service levels from new development. Having a
facility that allows for simulations and training in the types of buildings being constructed
in the Downtown will advance this goal.
The initial estimated cost of the Training Center is $2,256,000, which includes the
$60,000 design services that are proposed in this report. The Fire Department will
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continue to seek grant funds through various sources to fund the remaining costs of this
project.
RECOMMENDATION
It is recommended that the City Council determine that this action does not constitute a
project under the California Environmental Quality Act (“CEQA”); and approve,
authorize, and direct the City Manager to execute a Professional Services Agreement
with Fire Facilities, Inc. for design services for the Arcadia and United States
Forest Service Joint Training Center in the amount of $60,000.
Attachments: Sole Source Letter for Wesco Towers
Proposed Professional Services Agreement
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To Whom It May Concern:
For over 20 years, Fire Facilities, Inc® has been the sole source supplier of Wesco® Steel Fire
Training Towers. Wesco training towers are manufactured here in the United States, and made
from American steel products. To date, Fire Facilities Inc. has produced over 500 training towers
that are in use throughout 48 U.S. States, and 16 foreign countries! Each tower is designed and
engineered specifically to local and regional site conditions.
Fire Facilities understands the need to provide firefighters with a training environment that will give
them the skills that will be used on a daily basis, especially on the fire-ground. Firefighters are
constantly required to respond to unknown situations that will call upon their related experiences,
knowledge and training. The development and continued maintenance of their skills will play an
important role in the overall success of each firefighter and on the department as a whole.
Wesco Steel Fire Training Towers by Fire Facilities allow the greatest flexibility of design and
function. The design of the structure will incorporate features, options and layouts that are
specifically matched to meet the department’s current and future needs. Not only will the structure
serve for training for physical tasks, it will also create an environment that will aid in the
development of fire officers and can be used to challenge officers working to master the Incident
Command System, in a controlled environment. The structure will be able to adapt and change to
the department’s requirements, thereby providing necessary training for the department into the
future.
Fire Facilities’ experience encompasses designing fire-training structures for departments
throughout the United States and abroad, including our nation’s military. We have the ability to
develop systems that work within the structure to simulate several fire types and situations using
either Class ‘A’ materials, or highly advanced natural gas or propane fueled systems. The structure
will be engineered to meet or exceed applicable NFPA and OSHA standards and allow for realism
in all aspects of live fire training. We draw upon our experience to provide the most comprehensive
live fire training structures, while maintaining a controlled environment for safe, effective training.
All Wesco Steel Fire Training Towers by Fire Facilities feature the Westec™ Insulation System.
Westec is a system developed exclusively by Fire Facilities, Inc., for use in live-burn room
applications and is protected by US Patent Number 7,823,357 B2. This state of the art system
provides unprecedented protection for the fire training structure. Westec Systems are provided with
the industry’s best 15-Year Limited Warranty for burn rooms! The Westec System withstands
continuous burn room temperatures of 1850° F. The system greatly extends the life of the burn
room and reduces ongoing maintenance costs. Fire Facilities is pleased to be the Sole Provider of
the Westec System.*
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Other design features exclusive to Fire Facilities training structures include sculpted trims to
prevent injury and damage to equipment; safe training floor decks, with a flat, slip-resistant profile
made from galvanealed steel; an 18 gauge flat siding profile that is safe, strong and aesthetically
pleasing designed to withstand the forces of rappelling and laddering the structure; custom made
burn room doors, and shutters that will withstand the rigors of a fire-training environment, and our
patented movable wall partition system to enable the reconfiguration of the tower layout and create
temporary rooms and hallways and vary the training scenarios for realistic ongoing training.
Respectfully,
Steven Harms
Regional Manager
Fire Facilities, Inc.
*(For firefighter safety, Fire Facilities recommends maximum training temperatures of 1200 °F.)
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CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 20____ by and
between the City of Arcadia, a municipal corporation organized and operating under the laws of
the State of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 (“City”), and Fire Facilities, Inc., a CORPORATION, with its principal place of
business at 314 Wilburn Road, Sun Prairie, WI 53590 (hereinafter referred to as “Consultant”).
City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties”
in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Engineering and Design Services for a custom Fire Facilities “FF-3” Deputy Chief model
training tower. (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A,” Proposal for Engineering and Design Services.
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “B
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of sixty thousand dollars ($60,000). This amount is to
cover all printing and related costs, and the City will not pay any additional fees for printing
expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes
a detailed description of the work performed. Payments to Consultant for work performed will be
made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
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be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. [Insert Term or Time of Performance].
[If engaging the Consultant for a particular term, use the following provision]
The term of this Agreement shall be from [Insert start date] to [Insert end date], unless
earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the
term of this Agreement if necessary to complete the Project. Consultant shall perform its services
in a prompt and timely manner within the term of this Agreement and shall commence
performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). [If the
City has specific milestones or timelines for performance, please input those requirements
in the “Activity Schedule” attached as Exhibit C, otherwise delete Exhibit C.] The Notice to
Proceed shall set forth the date of commencement of work.
[If engaging the Consultant to perform a discrete task with a specified deadline, use
the following provision]
Consultant shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).
Consultant shall complete the services required hereunder within [Insert number of calendar
days for performance of the services – if more detail is required attach “Activity Schedule”
as Exhibit C, otherwise delete Exhibit C.] The Notice to Proceed shall set forth the date of
commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
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b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it 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 secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
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(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
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him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
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insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
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i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), 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 of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s services, the Project
or this Agreement, including without limitation the payment of all damages, expert witness fees
and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents, or volunteers.
b. To the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify,
and/or hold harmless arise out of Consultant’s performance of “design professional services” (as
that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final
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adjudication that liability under a claim is caused by the comparative active negligence or willful
misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established
comparative liability of the City and shall not exceed the Consultant’s proportionate percentage
of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration,
demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1).
b. If the services are being performed as part of an applicable “public works”
or “maintenance” project and if the total compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such
services must be registered with the Department of Industrial Relations. Consultant shall maintain
registration for the duration of the Project and require the same of any subconsultants, as
applicable. This Project may also be subject to compliance monitoring and enforcement by the
Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
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[Delete the following provision and renumber all further provisions, if not applicable.]
15. City Material Requirements.
Consultant is hereby made aware of the City’s requirements regarding materials, as set
forth in [Insert the name of the document that contains the City’s standard material
requirements], which are deemed to be a part of this Agreement.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Los Angeles, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Steven Harms as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
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Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
CITY:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attn: Capt. Richard Olivarez,
Fire Department
CONSULTANT:
Fire Facilities, Inc.
314 Wilburn Road
Sun Prairie, WI 53590
Attn: Steven Harms
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. 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.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
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burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, 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.
31. Federal Requirements [***INCLUDE THIS SECTION ONLY IF APPLICABLE;
DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT. YOU MAY ALSO NEED TO
INCLUDE SOME INFORMATION IN THE RFP DUE TO FEDERAL FUNDING GUIDELINES.
CONSULT LEGAL COUNSEL IF NECESSARY***]
When funding for the services is provided, in whole or in part, by an agency of the federal
government, Consultant shall also fully and adequately comply with the provisions included in
Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference
(“Federal Requirements”). With respect to any conflict between such Federal Requirements and
the terms of this Agreement and/or the provisions of state law, the more stringent requirement
shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARCADIA
AND FIRE FACILITIES, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF ARCADIA FIRE FACILITIES, INC.
By: By:
Dominic Lazzaretto
Fire Chief Its:
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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EXHIBIT A
Scope of Services
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EXHIBIT B
Schedule of Charges/Payments
The aforementioned services is for a total cost of $60,000. Consultant will inform City regarding
any out-of-scope work being performed by Consultant.
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EXHIBIT C
Activity Schedule
The Scope of Services shall be completed within the term of contract.
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EXHIBIT D
Federal Requirements