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HomeMy WebLinkAboutItem 10e - PSA with Linkture STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT DATE: September 16, 2025 TO: Honorable Mayor and City Council FROM: Paul Cranmer, Public Works Services Director By: Tiffany Lee, Interim Principal Civil Engineer SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH LINKTURE CORP. FOR DESIGN OF THE MOTOR CONTROL CENTER AT PECK WELL IN AN AMOUNT NOT TO EXCEED $50,000 CEQA: Not a Project Recommendation: Approve SUMMARY The Public Works Services Department (“PWSD”) is responsible for the daily operation of City wells and the water distribution system. City wells are regularly inspected to ensure wells are functioning properly and identify any issues that require repair. Regular inspections and maintenance of Peck Well revealed that the existing motor control center, installed in 1992, has reached the end of its useful life and needs to be replaced. To ensure the City is receiving the highest quality of service and most competitive pricing for the design of the Peck Well motor control center, the PWSD solicited a Request for Proposals (“RFP”). Based on the evaluated proposals, it is recommended that the City Council approve, authorize, and direct the City Manager to execute a Professional Services Agreement with Linkture Corp. for the design of the motor control center at Peck Well, in an amount not to exceed $50,000. BACKGROUND The City of Arcadia’s water system delivers an average of approximately 14,000 acre- feet of portable drinking water annually to an estimated 14,400 water service Professional Services Agreement for the Design of Motor Control Center at Peck Well September 16, 2025 Page 2 of 3 connections. The system’s water supply is obtained from 10 active potable water wells. The water system utilizes 29 booster pumps that pump water through the distribution system, and 15 reservoirs that hold approximately 45 million gallons of water. The Public Works Services Department is responsible for the daily operation and maintenance of the City’s wells. Arcadia’s wells are inspected regularly to ensure they are functioning properly and to identify any issues that require repair. Regular inspections and maintenance of Peck Well have revealed that the existing motor control center, installed in 1992, has reached the end of its useful life and needs to be replaced. If the motor control center fails, replacement parts will not be available as they have become obsolete. The proper functioning of Peck Well is crucial to the City's water system, as it supplies over 40% of the groundwater to Zone 4, in the southern portion of the City. Replacement of the existing motor control center is necessary to ensure that the pump motor is properly monitored and protected from damage, while operating at its maximum capacity and efficiency. DISCUSSION A Notice Inviting Proposals was published in accordance with City Council Resolution No. 7483, and proposal packages were provided to consultants who provide these services. On July 8, 2025, the City Clerk received three sealed proposals. Each proposal was evaluated and ranked based on experience, qualifications, quality of service approach, and cost. The results of the evaluation, including each company’s ranking and associated cost, are listed below: Rank Company Name Score Cost 1 Linkture Corp. 97% $ 50,000.00 2 SPEC Services, Inc. 95% $ 96,418.70 3 Lee+Ro 85% $ 226,789.00 Proposal documents were reviewed for content and the consultant’s background and recent projects were also investigated. After careful review and consideration, it was determined that Linkture Corp. is the most qualified consultant to perform the work. Linkture Corp. has completed the 90% design for the Goldring Well Project for the City, and has also completed similar projects for the Cities of San Clemente, Los Angeles, Lynwood, Norwalk, Gardena, and Rialto. Professional Services Agreement for the Design of Motor Control Center at Peck Well September 16, 2025 Page 3 of 3 ENVIRONMENTAL ANALYSIS The proposed action of designing a motor control center does not constitute a project under the California Environmental Quality Act (“CEQA”), as it can be seen with certainty that it will have no impact on the environment. In addition, the work relates to repair and maintenance of existing facilities. FISCAL IMPACT Funds in the amount of $950,000 have been budgeted in the Fiscal Year 2024-25 Capital Improvement Program (“CIP”) for the Peck Well Inspection and Rehabilitation Project. Design for the replacement of the motor control center is part of the Peck Well Inspection and Rehabilitation Project. The total cost for the design of the motor control center is $50,000, which is within the project budget and provides sufficient funds to complete the remaining upgrades to Peck Well, once design is complete. 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 Linkture Corp. for the design of the motor control center at Peck Well, in an amount not to exceed $50,000. Attachment: Proposed Professional Services Agreement 1 24347.00006\30493020.2 CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT DESIGN OF THE MOTOR CONTROL CENTER AT PECK WELL This Agreement is made and entered into as of ___________________, 2025 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 Linkture Corp., a California Corporation, with its principal place of business at 41250 Placer Lafite, Temecula, CA 92591 (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: Design of the Motor Control Center at Peck Well (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.” 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 FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00). 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 be prepared by the City and executed by both Parties before performance of such services, or Attachment No. 1 2 24347.00006\30493020.2 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. Term. The term of this Agreement shall be from one (1) year from the date of execution, 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”). 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. 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. 3 24347.00006\30493020.2 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 (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. 4 24347.00006\30493020.2 (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 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 5 24347.00006\30493020.2 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 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 6 24347.00006\30493020.2 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. 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. 7 24347.00006\30493020.2 (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 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 8 24347.00006\30493020.2 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. 15. City Material Requirements. Consultant is hereby made aware of the City’s requirements regarding materials, as set forth in Request for Proposal, 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 9 24347.00006\30493020.2 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 Jade English, Vice-President, 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 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: Tiffany Lee Senior Civil Engineer CONSULTANT: Linkture Corporation 41250 Placer Lafite Temecula, CA 95291 Attn: Jade English, Vice-President and shall be effective upon receipt thereof. 10 24347.00006\30493020.2 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, 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. 11 24347.00006\30493020.2 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. [SIGNATURES ON FOLLOWING PAGE] 12 24347.00006\30493020.2 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARCADIA AND LINKTURE CORPORATION IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ARCADIA LINKTURE CORPORATION By: By: Dominic Lazzaretto City Manager Title: Printed Name: ATTEST: By: Title: By: City Clerk Printed Name: APPROVED AS TO FORM: CONCUR: By: ___________________________________ Michael J. Maurer Paul Cranmer City Attorney Public Works Services Director 13 24347.00006\30493020.2 EXHIBIT A Scope of Services The Scope of Services for the Design of the Motor Control Center at Peck Well shall include, but are not limited to the following: TASK I – Project Administration and Multi-Agency Coordination 1. Kick-Off Meeting Upon execution of the Professional Services Agreement, the Consultant shall conduct a kickoff meeting with the City’s staff to review the Scope of Service, develop an overall Project Schedule and confirm the deliverables. 2. Multi-Agency Coordination It is important to coordinate all work with involved agencies to obtain their input and include them in all critical decision making. The Consultant will be required to coordinate their activities with third party agencies including, but not limited to, the City and utility companies. Design for replacing the transformer will be performed by SCE, the Consultant shall coordinate with SCE to meet their standard requirements. TASK 2 – PRELIMINARY INVESTIGATION AND RECORD RESEARCH 1. Collect and review available background information regarding existing on-site infrastructure/system and information. 2. Perform field visits of existing facility. 3. The City would like to minimize operation downtime during transition, the Consultant will be asked with providing recommendations for location of new switchgear with consideration for the distance from the well and utility service. TASK 3 – Motor Control Center Design This task includes design work required for the motor control center. Consultant shall prepare Design Drawings of disciplines for the switchgear, motor control center replacement including all civil, electrical, structural and any other design required, Contract Documents, including Technical Specifications and Bid Schedule, as well as an Engineer’s Estimate. The drawings and specifications shall include, but not limited to the following: • Motor control center design and specifications • Load analysis and electrical calculations • Electrical single-line diagrams and schematics • Electrical Panel Load Schedule • Electrical Panel Cut Sheet • Protection and coordination study • Conduit and cable routing design • Prewiring for the existing RTU • Construction drawings and specifications • Technical specification for equipment 14 24347.00006\30493020.2 • Code compliance verification • Concrete pad design for the motor control center The City will require the following submittals leading to final approval of the design documents by the City: 1. 60% Design Review: Submit two (2) sets of partially complete drawings and specifications and cost estimates along with pdf format, a narrative of progress addressing design issues, problems and design completion schedule. Meet with the City when submitted to discuss progress and project issues. 2. 90% Design Review: Submit two (2) sets of complete drawings along with pdf format reflecting 60% design review corrections for final approval from City. Final specifications and an estimate of construction costs shall be submitted for review. Meet with the City when submitted to expedite approval. 3. Final Approval Review: The Final Plan, Specification and Cost Estimate submittal shall include a complete set of improvement plans including all applicable disciplines, all detail sheets and shall be signed by a registered engineer in the State of California for each discipline. Provide original signed mylars to the City for bidding purposes. 4. Prepare the final Contract Documents using Microsoft Word for Windows. The documents will include the City’s Standard Bid Documents, Special Provisions, Technical Specifications and all forms necessary to solicit bids from Contractors. The bidding proposal shall be detailed and itemized outlining the multiple facets of the construction proposed. 15 24347.00006\30493020.2 EXHIBIT B Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract. Compensation shall be based on time and materials spent in accordance with the following tasks, not to exceed the total compensation listed below: The schedule of prices is attached as attachment “A” to this Exhibit “B”. Design of the Motor Control Center at Peck Well - $50,000.00 Total Compensation - $50,000.00 The total compensation shall not exceed the total listed without written authorization in accordance with Section 2 (b) of the agreement. 16 24347.00006\30493020.2 Attachment “A” to Exhibit B ENGINEERING DESIGN SERVICES Man-Hours and Fee Estimate City of Arcadia - Peck Well Motor Control Center Design Dea,rlpti<,n Homty II.ate ($/Hr) PM SE SDD PE/QA/QC CL Total Fee Ertemlon 2-43 213 157 251 92 Mlllhoan TASK 1 - PREUMINAJI.Y DESIGN PHASE 1.1 KickoffMeetins and Coordination wi1h the City 4.0 4.0 $ 972.00 1.2 Data Collection and Site Visit 16.0 16.0 $ 3,408.00 TOTALTASKI 4.0 16.0 o.o 0.0 o.o 20.0 $ 4,380.00 TASK 2 - F1NAL ENGINEllllING PHASE 2.1 Project Management, Meeting, and Coordination 12.0 12.0 $ 2,916.00 2.2 Prepare Single Line Diagram, Calculations, and Conduit Schedule 8.0 16.0 4.0 28.0 $ 5,248.00 2.3 Equipment Selection, Layout, and Elevations 8.0 10.0 4.0 22.0 $ 4,306.00 2.4 Prepare Electrical Specifications 12.0 2.0 2.0 16.0 $ 3,256.00 2.5 Prepare Conduit and Routing Plan 6.0 12.0 4.0 22.0 $ 4,194.00 2.6 Prepare Engineer's Cost Opinion 8.0 8.0 $ 1,704.00 2.7 Coordination and Meetins wi1h Power Utility Company 8.0 12.0 2.0 22.0 $ 3,772.00 2.8 Protection, Coordination Study, and Arc-Flash Labels 6.0 12.0 18.0 $ 4,374.00 2.9 Printing, Mileage, and other Reimbursable 250.0 $ 250.00 TOTALTASK2 12.0 56.0 50.0 26.0 4.0 398.0 $ 30,020.00 TASK 3 - BID PHASE 3.1 Pre-Bid mttting 4.0 4.0 $ 972.00 3.2 Prepare construction bid documents including specifications and itemized bid schedule. 12.0 2.0 14.0 $ 3,072.00 3.3 Respond to RFI/RFC (Five RFI/RFC's) 10.0 2.0 12.0 $ 2,646.00 3.4 Printing, Mileage, and other Reimbursable 100.0 $ 100.00 TOTALTASK3 4.0 22.0 0.0 4.0 o.o 130.0 $ 6,790.00 TOTALBASEUNE WORK 20.0 9-J.O 50.0 30.0 4.0 548.0 $ 41,190.00 TOTAL NOTTO EXCEED s 50,000.00 PM - Project Manager PE - Principal Engineer SE - Senior Engineer SDD - Senior Designer/Drafter QC/QA • Quality Control I Quality Assurance CL· Oerical Work Description: The proposed electrical work involves the design and replacement of the existing 2400V Motor Control Center (MCC) at the Peck Well site with a new 480V, 3-phase MCC system. The scope includes coordination with the Utility for converting the existing 2400V SCE service to 480V. Drawing Sheets: E-1 Electrical General Notes, Abbreviations, Symbols, and Legends E-2 Single Line Diagram and Load Calculation, feeder schedule E-3 Electrical Site Plan E-4 Main Switchgear and Motor Control Center Layout Plan and Elevation E-5 Miscellaneous Details 17 24347.00006\30493020.2 LINKTURE HOURLY CHARGE RATE and EXPENSE REIMBURSEMENT SCHEDULE PROFESSIONAL SERVICES CLASSIFICATION /TITLE HOURLY RATE Principal. ........................................................................................................... $ 258.00 Project Manager ............................................................................................... $ 243.00 Construction Manager ..................................................................................... $ 243.00 Quality Assurance/Quality Control .................................................................. $ 243.00 Inspector ........................................................................................................... $ 229.00 Sr. Engineer ....................................................................................................... $ 213.00 Engineer ........................................................................................................... $ 194.00 Sr. Designer/Drafter ........................................................................................... $ 157.00 Designer/Drafter ............................................................................................... $ 157.00 Field Technician ................................................................................................ $ 130.00 Drafter ............................................................................................................... $ 130.00 ADMINISTRATIVE Administrative Clerk ........................................................................................... $ 92.00 Word Processor/Administration Support ......................................................... $106.00 Graphic Designer/Survey Research ................................................................ $190.00 Reproduction, special photography, postage, delivery services, express mail, out-of-area telephone calls, printing, and any other services performed by subcontractors, will be billed at cost plus 15%. REIMBURSABLE IN-HOUSE COSTS Photo Copies (B&W 8.5"x11") ...................................................................... $ 0.28/Each Photo Copies (B&W 11"x17") ....................................................................... $ 0.51/Each Color Copies (up to 8.5"x11") ...................................................................... $ 2.03 /Each Color Copies (to 11"x17") ............................................................................ $ 3.38 /Each Large Format Copies .................................................................................... $ 1.35/S.F. Mileage ........................................................................................................ $ 0.72/Mile Compact Disks ............................................................................................ $16.50/Each The above hourly rate shall apply for invoicing for progress payments and for any authorized extra work for work associated with the enclosed proposal. . 18 24347.00006\30493020.2 EXHIBIT C Activity Schedule All work shall be completed in accordance with the following schedule: The term of this Agreement shall be for one (1) year from the date of execution. All tasks under Exhibit “A” shall be adhered to and executed accordingly.