HomeMy WebLinkAboutC-17981. PARTIES AND DATE.
This Agreement is made and entered into this ZP h day of , 200t 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 91066 -6021 ( "City ") and Civiltec Engineering Inc., a corporation with its principal
place of business at 118 West Lime Avenue, Monrovia, CA 91016 ( "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 in this
Agreement. Consultant represents that it is experienced in providing civil and environmental
engineering, planning and construction management services to public clients, is licensed in the
State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Anoakia Lane Well
Equipping, Building, and Piping Project ( "Project ") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional engineering and environmental
consulting services necessary for the Project ( "Services "). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall
be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto
and incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term The term of this Agreement shall be from June 1, 2001 to June 30,
2002, 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 of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services Consultant shall perform the Services
expeditiously, within the term of this Agreement, as requested by the City's Representative on an
as- needed basis. 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 City 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 to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: Mr. David Byrum.
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3.2.5 City's Representative The City hereby designates Mr. Pat Malloy, Public
Works Services Director, or his or her 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.
3.2.6 Consultant's Representative Consultant hereby designates Mr. David
Byrum, 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 to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re- employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations Consultant shall keep itself fully informed of 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 indemnify
and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant
to the indemnification provisions of this Agreement, from any claims 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 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 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 insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance Coverage shall be at least as
broad as the latest version of the following: (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 to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall
be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements The insurance policies shall
contain the following provisions, or Consultant shall provide 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 operations
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, agents 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 protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions Any
deductibles or self - insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (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 on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11 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 devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation Consultant shall receive compensation, 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 Fourteen Thousand Seven Hundred Fifty Dollars and No Cents ($14,750.00)
without written approval of City's Representative. Extra Work may be authorized, as described
below, and if authorized, will be compensated at the rates and manner set forth in this
Agreement.
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 aniount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
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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 which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement
3.5.1.1 Grounds for Termination City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
City, and Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.
3.5.1.2 Effect of Termination If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.5.1.3 Additional Services In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
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Consultant:
City:
Civiltec Engineering Inc.
118 West Lime Avenue
Monrovia CA 91016
Attn: Mr. David Byrum
City of Arcadia
11800 Goldring Road
Arcadia CA 91066
Attn: Mr. Pat Malloy, Public Works Services Director
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 to be
prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require
all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant by
the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk.
3.5.3.2 Confidentiality All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant 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 frilly 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 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
reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any
and all legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials officers, employees,
agents or volunteers.
3.5.7 Entire Agreement This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governing Law This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence Time is of the essence for each and every provision of
this Agreement.
3.5. 10 City's Right to Employ Other Consultants City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
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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 otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.5.14 Amendment; Modification No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests Consultant maintains and warrants that 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 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 that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
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 written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF ARCADIA CIVILTEC ENGINEERING INC.
By: - e w By:
William R. Kelly
City Manager
W. David Byrum, P.E.
Vice President
Principal Engineer
ATTEST.•
I � � " � " - �, X), a, e Y.- , ,-
Stephen P. Deitsch, City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall perform the following duties:
Provide construction staking to establish horizontal and vertical alignment of the pipelines,
location of station structures and other appurtenances.
Provide the services of the Project Manager to attend meetings including pre -bid and pre -
construction meetings and provide guidance and direction to the City with respect to
contractor conformance to the plans and specifications.
Review and approve shop drawings and other submittal made by the Contractor.
Prepare and issue addenda to the specifications and prepare revisions to the plans as required
during construction. Review requests for Contract Change Orders and provide written
recommendations to the City for action.
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A -1
EXHIBIT "B"
COMPENSATION
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B -1
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en
CIVIL AND ENVIRONMENTAL ENGINEERING, PLANNING ANDC0N'.,n<Vcnnm xxxmx(xkM|;.rv[
RATE SCHEDULE
n'n«(�i|v| !,200|
Pdn�ipo| [o�io�u/.......................................................... — ......................... 8\30.00
Principal Eooi000r Eupoc VVitiacuuTuu<ioncvg/—.— .................. ...... ...... ............. ........... $Z0V.V0
SAW |in /nccr--.---------------._---------------.----$l20{X)
Prq\c*t mano&er.,.,..----........----- ............ --....................... .................. $108.00
9njoo\ ..—,.......-------.$lO3.O0
Stu[[llnuinccc-- ......................... ...................... ................................................................ $99,00
Designer ----------- -------- — --- ......... ........................ ........... ----------------- ------------ $9200
o------------------------------------ $8500
('ouxtnv:tion K4uougcnwnt. Supervisor —_---------- .... --................................ $78.00
Senior Reside liUginno»/|Dspector..., ....................... ........... ............................ ...... ........ $7200
Resident Fng(neeo9nxpockm ...... ... . . . . . — ............................................. ...... ............. —. $67.00
Drodspocuon .................. ............... . ............................................ -- .......... ................... $65.O0
Junior Cu8ioccc--.--. ............. ................ .......... ................................................ --..$55.0V
Administrative /\y*isiunt/C]uhcuL ............................................................. ...... ................... $45.00
T wo-man Survey Party ...... ----^-----................ --------------.......... $l5A.0O
1hree- III un SurvCy Party --- --...... ---.......... ------------ ------ —.................................... ' $175.00
8xh�,cvUmc, t c d8cr«ic es--------.—.-- ........................................................ Cost cJus 15
K4Ueogc ........................ ............ ........................ ....................................................... ...... .$V.35/miI e
NOTE: All rates ureuUicLivc un|i\ [)coenihcr3l,]00\. Any increases inrutexuKmr that duh: will
be UANd oo 8%rnuxicnum.
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118 W. LIME AVENUE MONROVIA, CA 91016 TEU (626) 357-0588 FAX: (626) 3017957
Aug -28 -01 08:38A Ar-ca a, City Clerk 626 17 7524 P.04
ACORD. CERTIF'I i TE OF L
3RODUCER 0949)263 -0606 AX
(949)263 -0906
Complete Insurance, Inc.
California DOI #0437762
1500 Quail St., Suite 410
Newport Beach, CA 92660
NSURED Civiltec Engineering, Inc. (CA)
118 W. Lime Ave,
Monrovia, CA 91016
11 T 11 X1 0 11, yHt 7 W� DATE (MM /OD/YY)
`+ 12/18/2000
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
AL TE R THE C OVERAGE AFFORDED IRY THE POLICIES BELOW,
INSURERS AFFORDING COVERAGE
INSURER A: American Motorists Ins. Co,
INSURER B: American Manufacturers Mutual
INSURER C; (C /o Kemper KSA)
INSURER D:
INSURER Ft
I HL POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POI
ANY RLOUJREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH
MAY PERTAIN, THE INSURANCE AFFORDI =D BY THE POLICIES DESCRIBED Ht REIN IS SUBJECT TO ALL THE TERM
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN P1 BY PAID CLAIMS.
MR
.TR TYPE OF INSURANCE POLICY NUMBER DATE (MM /D0/YY) DATE (MMlDD/YY
cENERALLraelurY 8565951901 0110112001 01/01/200
X t -, pMMERCIAI GENERAL LIARII i I v
�:p CLAIMS MADE a OCCUR
A
t3EN'LAGGnF.:GA1F LIMIT APPLIES PER:
POLICY PRO-
JECT r7 LOC.
AUTOMOBILE LIABILITY 7Y04022301
ANY AUTO
ALL OWNFf) AU IDS
B
SCHEDULED AUTOS
X
X HIREDAUTOA
JX NON OVYNF..0 AU70S
GARAGE LIABILITY
7 ANY AU7Q
EXCESSLIARII -ITY �RS659519O1
X I OCCUR ❑ CI AIMS MAOC
A
A
DEDUCTIM F
RETENT +UN 5
WORKERS COMPENSATION AND 7 CW30534202
EMPLOY£R5' LIABILITY
01/01/2001 01/01 /2002
0110112001 101/01/2002
0,1/01/2001 101/01/2002
1UT rt=HIUU INDICATED. NOTWITHSTANDING
PHIS CERTIFICATE MAY BE ISSLJQD OR
i, EXCLUSIONS AND CONDITIONS OF SUCH
LIMITS
EACH OCCURRENCE T. 11000,000
FIRE DAMAGE (Any one fire)
$ lOQ,Goo
MED EXP (Any one person)
S 10 1000
PERSONAL &ADV IN,JUFiY
$ 1
GENERALAGGREOATE
$ 2 , 000 , O00
PRODUCTS - COMPIOP AGG
& 2 , 00
COM81NED SINGLE LIMIT
(Fa aCCldent)
1,000,000
BODILY INJURY
(Pei' person)
$
80DILY INJURY
(Par RMIdent)
$
PROPERTY DAMAO E
(Pet U.6dant)
AUTO ONLY_ EAACCIDF.NT
$
OTHER THAN FA ACC
5
AUTO ONLY: AGG
$
EACH OCCURRENCE
S 2 , 000, 000
AGGREGATE
$ 2,000,000
s
a
3
X TORY LIMITS ER
EA. EACH ACCIDENT
S 11000,0
E L. DISEASF - EA EMPLOYEE
E. L.OISEASE - POLICY t.IMIt $ 11000,000
10 day notice Applies to
non - payment and /or
non - reporting
)nly if required by written
)rm 9P7434. Holder is
/er of Subrogation Erldt.
+ terms and conditions,
+ "Q'rrArN 1 /sPtIUALPROVIBIONB
ertificate holder is additional 'insured as respects general liability but
ontract with the named insured prior to an otcurence and as per coverage f
dditional insured as respects auto liability as per endt. form CA7912. Wai
C040306 included as respects work comp only. Coverage subject to all polic;
E; Anoakia Well Design Project
AUDI IIUNAL INSURED; INSURER LETTER
City Of Arcadia,
its directors, officials, officers,
employees, Agents And volunteers
240 W. Huntington Dr.
Arcadia, CA 91006
SHOULD ANY OF THE ABOVE: DESCRIBED POLICIES 9E CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLRP"*XC" MAIL
—3A DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDrA NAMED TO THE LEFT,
"WX 31 Rk RJPM4d x
R5 AWWVA' "K zVAA�$(NWX 1i9€1VY X X X X X X X
AUTHORIZED REPRESENTATIVE
Alici Igram, AAI * /M1rmo4&
Aug-28-01 08:38A Arca`' 3 , City Clerk 626 7 7524
ARCHITECTS AND ., - iGINEER,S PROGRAM ENDOY aMENT
'I'HIS ENDORSEMENT CI1ANCES THE POLICY. PLEASE READ IT C:AREP'ULLY.
P.05
INSURED: Civiltec Hngineering, Inc. AMERICAN MOTORISTS
POLICY NUMBER: 7RS65951901 INSURANCE COMPANY
POLICY PERIOD: 01/01/01 to 01/01/02
ADDI'1'10NAL INSURED: City of Arcadia, its dirccturs, officials, officers,
employees, agents and volunteers
This endorsement modifies insurance provided under the following;
BUSINESSOWNERS PO1,ICY
A. Additional Insured:
The following is added to the Busirlessowners
Liahility C'ovarage Form, BP 71 08
item 5. Of Section C, — WHO IS AN INSURED,
is deleted and replaced by the following:
5. Additional Insureds — By C'untract,
Agreement Or Permit
Any parson or organiziltion to whom or to
which you are obligated by virturc of a written
contract, agreement or Permit to provide such
insurance as afforcd by this policy is at1
insured, but only with rest pct to liability
arising out of:
a. "Your work" for that insured by you;
h. Permits issued by state or political
suhdjvisions for operations perforated by
you; of
c. Prerniscs you own, rent, OCCUPY or use.
This prevision does not apply unless the
written contract or agreement has been
executed, ur the permit has been issued, prior
to the "bodily injury,' "property damage,"
"personal injury" or "advertising injury."
li, Primary Coverage:
With resl)eCt to claims arising out of the
operations of the Named lnsured, such insurance
as afforded by this policy is primary and is not
additionil to or cuntributing with any nther
insurance carried by or for the benefit of the
above Additional insureds.
C. Waiver of Suhrogation:
Paragraph 2., of the TRANSFER OF RIGHTS
OF RECOVERY AGAINST OTHERS TO US
conditirm, of the Rusinessowners Comttlon Policy
Conditions, BP 71 . 10, is deleted and replaced by
the following:
2• Applicable to 13usinessowncrs Liability
coverage,
H. If the insured has rights to recover kill or
Part of atty payment we have made under
this Policy, those: rights are transferred to
us. This insurance shall not bu
invalidated should the Named Insured
waive in writing, Prior m a loss, any or
all rights of recovery against any Party
for a loss occurring. However, the
insured must do nothing after a loss to
irnhair these rights, At our request, the
insured will bring; "suit" or transfer those
rights to us and help us enforce them.
This condition does not apply to Medical
Expenses Coverage.
h. After a loss you tnay waive your rights
against another party in writing, only if,
at the time of the loss, that party is one
of the following:
A business firm:
1) Owned or controlled by you; or
2) That owns or controls you,
Countersigned by Authorized Representative
HP 7434 ((;d. 07 99) Abbreviated
Printed in U,S.A.
Aug-28-01 08i39A Ar-(--a,, a, City Clerk 626 1 .7 7524 P.06
Policy No: E7 Y0402230 I
Named Insured; CivillecEn
ADDITIONAL INTEREST INSURIED
Till S ENDORSEML NT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
This cndorsemen[ modifies insurance provided under the following;
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIFR COVERAGE FORM
TRUCKERS COVERAGE FORM
Additional Interest: City of Arcadia, its dirccLorS, officials, officers, e111PIOYcC9, agent~ and volunteers
The additional interest shown above is an "Insured" bUt only to the CXLCIlt Of their liability for the conduct of
an "Imm dCSCTibed in paragraphs ;i, and 1), of Item A,1. WHO IS AN INSURED Of Scufloll 11 -- LIABILITY
C0VPTZAGL,
THIS ENDORSEMENT MUST BE A7 - I'ACHEw1'0 A CHANCE ENDORSEMENT WHEN ISSUED AI -TER THEE. POLICY
IS WRITTEN.
CA 79 12 (Fd. 12 93) Printed in U.S.A.
Aug -28 -01 08:38A Ar a,
City Clerk 626 1-7 7524 P.02
A CO D `rnE RTIFICi, - E
//��
OF MIABILI T ■ IWS Fp DATE(MM /DD/YY)
., ,AN
PRODUCER 949)263 -0606 FAX 01/03/2001
(949)263 -0906 ' R OF INF0I1MAJI0N
Complete Insurance, Inc,
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
California DOI #0437762
ALTER THE COVERAGE AFFORDED BY THE POLICIES SELOW,
1500 Quail St., Suite 410
Newport Beach, CA 92660
INSURERS AFFORDING COVERAGE
INSURED Civiltrc Engineering Inc.
INSII HER A. Continental Casualty Company
118 W. Lime Ave,
N6Ur1ERB: (c /o Victor 0, Schihnerer)
Monrovia, CA 91016
INSURER C:
INSuhER D:
COVE AGES
E.
iNSt1kER %11 b U
TI IE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN
ANY
( -1 f-Rr
ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
REQUIREMENT, TFRM OR CONDITION OF ANY CONTRACT
OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES
DESCRIBED HEREIN IS SUB.IFCT TO ALL THE 1 °F RMS, EXCLUSIONS
POLICIES. AGGRECA f[ LIMITS SHOWN MAY HAVE BEEN REDUCED
AND CONDITIONS OF SUCH
BY PAID CLAIMS,
LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM /DDNY) DATE (MM /DD /YYy LIMITS
nENERAL LIABILITY
EACH 4COURRENCC $
COMMERCIAL GEN[PAT I iABIL11 Y
- --- •-- • - -• ---
CLAIMS MANP ❑ OCCUR
EIRE DAMAGE (Any ono vrp) $
MED CXP (Any one Dereon) $
PERSONAL 6 ADV INJURY $
GENERALAGGREGAIE $
GEN'L AGCREtiA I E LIMIT APPLIES PFR;
PRO-
PRODUCTS COMP/OP AGO $
+'OLICY JECT LOC
AUTOMOSILE LIABILITY
ANY AUTO
COMBINED SINGLE 1 IM I I $
(Ee 0::cident)
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY $
(re? person)
HIRED AUTOS
NON -CWNEO AUTOS
HODILY INJURY $
(Fur eccidont)
PHOPERTY DAMAGE S
(Per accident)
GARAGE LIABILITY
AUTO ONIA - EA ACCIDENT $
ANY AUTO
OTHEH THAN EA ACc $
AU TO ONLY: — AGG $
EXCESS LIABILITY
EACH OCCURRENCE $
��cCUR CI AIMS MADE
—�
AGGHEGATE $
I RE DuC:11HLE
T FN I ION
WORKERS COMPENSATION AND
_
EMPLOYERS' LIABILITv
TORV I IMITS EA
E.L. EACH AC)OIDENT I s
C.L. hl$EASE - EA EMPL OYE S
OTHER
E.L. DISf ASE - POLICY LIMIT $
EA006095590
roftssional Liability
01101/2001 01/01/200z 51,000,000 Per Claim
A
$2,000,000 Aggregate
DESCRIPTION OF OPERATIONS /LO CATION SNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
0 day notice Endt- 83118 included - 10
day notice applies to non - payment
E; Ano Well De5i9h Project
CER IFfCATE HOLDER ADDITIONAL INSURED; INSURER LETTER CANCELLA I IUN
SHOULD ANY OF THE ABOVE DEscRIBEO POLICIES BE CANCELLED BEFOAV THE
City of Arcadia,
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
its directors, officials, officers,
--3.� DAYS WRITTEN NOTICE To THE CERTIFICATE HOLDER NAMED TO THE LEFT,
emp loyees, agents an volunteers
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 081-AGATION OR LIABILITY
240 W , Huntington Dr,
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
A r c a d i a , CA 910
AUTHORIZED RE RESENTATIVE
Alicia I ram, AAIt MICHMA �"" —�
(
Aug-28-01 08:38A Arca a, City Clerk 626 47 7524 P.03
PROFESSIONAL LIABILITY
ARCH ITECTS/FNGINEERS
CNA
For All IhQ Conlmltmerits You Make's
INSURED: Civiltec Engineering, Inc.
POLICY #: AEA006095590 EFFECTIVE: 01/01/01 ENDORSEMENT NUMBER: I
ENDORSEMENT
It is agreed that this policy will not be cancelled until thirty (30) days prior written notic i given to:
City of Arcadia
240 W. Huntington Dr,
ATCa d ki, CA 91()0(.1
All other provisions, of this policy 'amain unchanged.
No Signature nor Countersignature is
required in the State Of California
Countcrsign
e,d by ,Authorized 1 f'p - reson(Ave
83-113
(Ed,