HomeMy WebLinkAboutC-1661AGREEMENT FOR CONSULTING SERVICES
RECITALS
NOW THEREFORE, the parties agree as follows:
1. REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICE
CITY OF ARCADIA
Attn: Lubomir Tomaier, Associate Civil Engineer
Public Works Services Department
240 W. Huntington Dr.
P. O. Box 60021
Arcadia, CA 91066 -6021
All communications sent to Consultant shall be sent to:
CIVILTEC ENGINEERING, INC.
Attn: David Byrum, Principal Engineer
118 West Lime Avenue
Monrovia, CA 91016
1
C;i Ctcek
OR I'M AL
THIS AGREEMENT FOR PROFESSIONAL SERVICES (hereinafter "Agreement ") is made
and entered into this 2_0 +11 day of aitPu 4 - lova, by and between the City of
Arcadia, a municipal corporation, (hereinafter ref&red to collectively as Arcadia) and Civiltec
Engineering, Inc. (hereinafter called "Consultant ").
WHEREAS, Arcadia has selected Civiltec Engineering, Inc. to undertake the
professional services as fully described in Exhibit A (copy attached) for the Construction
Management and inspection services for St. Joseph Reservoir No. 1, Booster Pump Station and
Water Well; and
WHEREAS, Consultant represents that it has experience and technical competence to
act as Consultant to Arcadia for the services required by this contract.
The representatives of the parties who are primarily responsible for the administration
of this Agreement and to whom formal notices, demands and communications shall be
given, are as follows:
All notices and written communications sent to Arcadia under the Agreement shall be
sent to the following address, unless authorized in writing to be sent elsewhere by
Arcadia:
Any such notices or written communications by mail shall be conclusively deemed to
have been received by the addressee five (5) days after the deposit thereof in the U.S.
Mail, first -class postage and properly addressed as noted above, or upon actual receipt
thereof if delivered by personal service.
2. DESCRIPTION OF WORK
Arcadia hereby engages Consultant, and Consultant accepts such engagement, to
perform the services, set forth in the attached "Exhibit A" incorporated as part of this
Agreement, Arcadia's principal representative, or representative's designee, shall have
the right to review and inspect the work during the course of its performance as such
times as may be specified by the representative.
Consultant shall have no claim for compensation for any service or work which has not
been authorized in writing by Arcadia.
3. COMMENCEMENT AND COMPLETION OF WORK
A. The execution of this Agreement by the parties constitutes an authorization to
proceed, unless otherwise provided by the terms of this Agreement. Because
of the time schedule, work will be performed a different integral during the
project. Contractor will be notified when the consulting services are required
and of any changes in the time schedule.
B. The work described in Exhibit "A" shall be completed in accordance with
attached schedule (Exhibit "C ") incorporated as part of this Agreement.
C. If, at any time, the work is delayed due to suspension order by Arcadia, or due
to any other cause which, in the reasonable opinion of Arcadia, is
unforeseeable and beyond the control and not attributable to the fault or
negligence of Consultant, the Consultant shall be entitled to an extension of the
time equal to said delay, subject to Arcadia's right to terminate this Agreement
pursuant to Sections 20 and 21 and to the requirements of the following
Sections D & E.
D. Consultant shall submit to Arcadia a written request for an extension of time
prior to commencement of such delay, and failure to do so shall constitute a
waiver thereof. Arcadia shall, in their sole discretion, determine whether and
to what extent any extensions of time shall be permitted.
E. No extension of time requested or granted hereunder shall entitle Consultant
to additional compensation unless, as a consequence of such extension,
additional work must be performed. In such event, Arcadia shall in good faith,
consider a request for additional compensation submitted by Consultant .
2
4. DATA PROVIDED TO CONSULTANT
Arcadia shall provide to Consultant to the extent feasible, all data, including reports,
records, and other information, as requested by Consultant to perform this Agreement.
5. OWNERSHIP OF DOCUMENTS
All files, records, reports, studies and other documents prepared or obtained by this
Agreement shall be the property of Arcadia. Basic notes, computations, computer
diskettes and similar data prepared or obtained the Consultant under this Agreement
shall, upon request, be made available to Arcadia without restriction or limitation on
their use. Consultant shall deliver such materials to Arcadia according to the terms
of this Agreement. Consultant shall have the right to make duplicate copies of such
materials and documents for his /her files as may be authorized in writing by Arcadia.
6. RELEASE OF INFORMATION /CONFIDENTIALITY /LITIGATION
A. All information gained by Consultant in performance of this Agreement shall not
be released by Consultant with Arcadia's prior written authorization.
B. Consultant shall promptly notify Arcadia should Consultant, its officers,
employees, agents, or sub - consultants be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request
for admissions, or other discovery request of court order from any party
regarding this Agreement and the work performed thereunder. Arcadia retains
the right, but not the obligation to represent Consultant and /or to be present at
any deposition, hearing, or similar proceeding. Consultant agrees to cooperate
fully with Arcadia and to provide Arcadia with the opportunity to review any
response by Consultant with reference to the subject matter of this section.
7. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer nor principal of their firm have
any interest in, nor shall they acquire any interest, directly or indirectly which will
conflict in any manner or degree with the performance of the Agreement, no person
having such interest shall be employed by them as an officer, employee, agent, or sub -
consultants (see warranty- Section 16).
8. COMPENSATION AND PAYMENT
A. Consultant agrees to provide the services set forth in the attached Exhibit "A"
hereto, for a fee based on time and material not -to- exceed Contract amount,
which is $276,670.00. Should Arcadia request, in writing, that Consultant
perform additional work and services beyond those under the Agreement,
compensation for such services shall be on a time and materials basis as
outlined in Exhibit "B" attached hereto and made a part hereof.
3
B. On or before the tenth (10th) day of each calendar month following the
commencement of the work, Consultant shall cause to be made and submitted
to Arcadia a written value of the time for all work completed and material
incorporated into the project up to the first day of the month. If Arcadia
requests, the Consultant shall provide Arcadia along with the invoice, copies
or verification of all work performed for which Arcadia is being invoiced. In
reviewing and approving such invoice, Arcadia may consider, in addition to
other facts and circumstances, the relationship of the work completed to the
work remaining to be done. Arcadia shall have the right to retain ten percent
(10 %) of the estimated cost of the work as partial security for Consultant's
performance of this Agreement. Within thirty (30) days after approval of
Consultant's invoice, Arcadia shall pay to Consultant that balance of such
invoice after deducting therefrom all prior payments and all sums to be retained
as partial security under the terms of this Agreement.
C. Upon satisfactory completion of all work and services described in Exhibit "A ",
and Arcadia's approval thereof Arcadia shall pay Consultant for the total amount
remaining due for each increment or phase of the work, including all funds
retained as partial security. Final payment shall be made by Arcadia to
Consultant within thirty (30) days after Arcadia's written acceptance of the
work.
D. EXTRA SERVICES. If after work commences pursuant to this Agreement, it
becomes apparent that additional work not originally contemplated as within
the scope of this Agreement may be necessary such as that shown on Exhibit
"A ", or otherwise, such services shall be performed, and Consultant
compensated at Consultant's prevailing time and materials rate schedule as
outlined in Exhibit "B ". The Consultant shall inform Arcadia in writing of the
need for such additional work. No additional work shall be done without the
prior written approval of Arcadia.
9. MANAGEMENT
The City Manager or designee shall represent Arcadia in all matters pertaining to the
administration of this Agreement, including without limitation, coordination of all
necessary meetings and conferences, and review and approval of all products
submitted by the Consultant. Authority to enlarge the scope of services or change the
compensation due to Consultant is subject to approval of the City Council.
4
10. INDEPENDENT CONTRACTOR
Consultant is and shall at all times be deemed to be an independent contractor and
shall be solely responsible for the manner in which it performs the services required
by the terms of this Agreement. Nothing herein contained shall be construed as
creating the relationship of employer and employee, or principal and agent, between
Arcadia and Consultant or any of the Consultant's employees or any sub - consultants.
Consultant assumes sole responsibility for the acts of its employees and any sub -
consultants as related to the services to be provided during the course and scope of
their employment. Consultant, its agents, and employees, shall not be entitled to any
right, privileges or benefits of and shall not be deemed to be Arcadia employees.
Consultant shall have no power or authority to incur any debt, obligation or liability
on behalf of Arcadia.
11. CONSULTANT'S PERSONNEL
A. All services required under this Agreement shall be performed by Consultant,
or under Consultant's direct supervision, and all personnel shall possess the
qualifications, permits and license required by the State and local law to
perform such services.
B. Consultant shall be solely responsible for the satisfactory work performance of
all personnel engaged in performing services required by the Agreement, and
compliance with all reasonable performance standards established by Arcadia.
C. Consultant shall comply with all federal and state statutes and regulations
relating to the employer /employee relationship, including but not limited to,
minimum wage, non - discrimination, equal opportunity, workers' compensation,
hazardous /unsanitary or dangerous surroundings, the Fair Labor Standards Act,
29 U.S.C., 201, et . seq., and the Immigration Reform and Control Act of 1986,
8 U.S.C. 245(a).
12. SUBCONTRACTING, DELEGATION AND ASSIGNMENT
A. This Agreement covers professional services of a specific and unique nature.
Consultant shall not delegate, subcontract or assign its duties or rights
hereunder, either in whole or in part, without the prior written consent of
Arcadia. Any proposed delegation, assignment or subcontract shall provide a
description of the services to be covered, identification and qualifications of the
proposed assigned delegee or subcontractor, and an explanation of the
proposed assignee, delegee or subcontractor, and an explanation of why and
how the name was selected, including the degree of competition involved. Any
proposed agreement with the assignee, delegee or subcontractor shall include
the following:
5
(1) The amount involved, together with Consultant's analysis of such cost
or price, and
(2) A provision requiring that nay- subsequent modification or amendment
shall be subject to prior written consent of Arcadia.
B. Any assignment, delegation or subcontract shall be made in the name of the
Consultant and shall not bind or purport to bind Arcadia and shall not release
the Consultant from any obligations under this Agreement including, but not
limited to, the duty to properly supervise and coordinate the work of
employees, assignees, delegees and subcontractors. No such assignment,
delegation or subcontract shall result in any increase in the amount of total
compensation payable to the Consultant under this Agreement.
13. NON - DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. In the performance of this Agreement, Consultant shall not discriminate against
any employee, subcontractor, or applicant for employment because of race,
color, religion, ancestry, sex, national origin, disabilities or age.
14. INDEMNITY AND INSURANCE
A. HOLD HARMLESS AND INDEMNITY
Consultant agrees to indemnify and hold harmless Arcadia, their officers, and
employees from any claims, suits, and liabilities for damage to person or
property arising out of Consultant's errors, omissions or negligent acts.
B. INSURANCE
Consultant shall carry comprehensive liability insurance with combined single
limits of at least One - Million dollars ($1,000,000.00) naming the City of
Arcadia as additional insured. Proof of such insurance in a form and content
approved by the Arcadia City Attorney is a condition precedent to execution
of this Agreement by Arcadia. Insurance shall be maintained with insurers
listed "A" or better in the Best's Insurance Guide and authorized to be
business in the State of California.
Consultant shall also maintain professional liability insurance covering errors
and omissions providing protection of at least One - Million dollars
($1,000,000.00) for errors and omissions with respect to losses, claims, and
liability arising from action of Consultant in performing pursuant to this
Agreement at the sole cost of Consultant.
6
C. WORKERS' COMPENSATION AND LIABILITY
A program of Workers' Compensation insurance or state - approved self -
insurance program in an amount, form and as broad as to meet all applicable
requirements of the Labor Code of the State of California, including Employer's
Liability with limits of a least $100,000.00 per occurrence. Should the
Consultant be self - employed, he /she must certify under Section 3800 of the
California Labor Code, the performance of the work for which this contract is
issued is without employing any person in any manner so as to become subject
to the Workers' Compensation Laws of California.
D. INSURANCE REQUIREMENTS
Policies providing for bodily injury and property damage coverage shall contain
the following:
(1) An endorsement extending coverage to Arcadia as additional insured, in
the same manner as the named insured, as respect to liability arising out
of the performance or any work under the Agreement. Such insurance
shall be primary insurance as respects the interest of Arcadia, and any
other insurance maintained by Arcadia shall be considered excess
coverage and not contributing insurance with the insurance required
here under.
(2) "Severability of Interest" clause.
(3) Provision or endorsement stating that such insurance, subject to all of its
other terms and conditions, applies to the liability assumed by
Consultant under the Agreement, including without limitation that set
forth in Section 14.A.
(4) Prior to commencement of any work and as a condition precedent to
execution of this contract by the City, Consultant shall deliver to Arcadia
copies of all required policies and endorsements to the required policies.
(5) The requirements as to the type and limits of insurance to be maintained
by Consultant are not intended to and shall not in any manner limit or
qualify Consultant's liabilities and obligations under the Agreement.
15. VERIFICATION OF COVERAGE
Consultant shall immediately furnish certificates of insurance and other proof as
requested to Arcadia evidencing the insurance coverage (subject to approval by the
City Attorney) above required prior to the commencement of performance of services
hereunder. These certificates shall provide that such insurance shall not be terminated
7
or expire without thirty (30) days written notice to Arcadia. Consultant agrees that if
Consultant commences work under this Agreement without first providing Arcadia
copies of the required insurance certificates, that Consultant does so at its' own and
sole risk. In the event Consultant's proof of insurance is not provided, Arcadia shall
have no obligations to compensate Consultant for such work.
16. CONSULTANT'S WARRANTIES AND REPRESENTATIONS
Consultant warrants and represents to Arcadia as follows:
A. Consultant has no knowledge that any officer or employee of Arcadia has any
interest whether contractual, non - contractual, financial, proprietary or
otherwise, in this transaction or in the business of the Consultant, and that if any
such interest comes to the knowledge of Consultant at any time, a complete
written disclosure of such interest will be made to Arcadia, even if such interest
would not be deemed as prohibited "conflict of interest" under applicable laws.
B. Upon the execution of this Agreement, Consultant has no interest, direct or
indirect, in any transaction or business entity which would conflict with or in
any manner hinder the performance of services and work required by this
Agreement, nor shall any such interest be acquired during the term of this
Agreement.
17. RESOLUTION OF DISPUTES (ATTORNEY FEES)
A. Disputes regarding the interpretation or application of any provisions of this
Agreement shall, to the extent reasonably feasible, be resolved through good
faith negotiations between the parties.
B. If any action at law or in equity is brought to enforce or interpret any provisions
of this Agreement, the prevailing party in such action shall be entitled to
reasonable attorney's fees, costs and necessary disbursements, in addition to
such other relief as may be sought and awarded.
18. MODIFICATION OF AGREEMENT
The terms are subject to modification by mutual agreement between Arcadia and
Consultant whom such changes shall be incorporated by authorization written
amendments to this Agreement. The parties agree that the requirements for prior
written changes, amendments, or modifications to the Agreement may not be waived
and any attempted waiver shall be void.
19. TERMINATION DATE
A. The City may terminate this Agreement without cause upon five (5) days written
notice to Consultant to the Address specified in this Agreement. Notice may
include telephonic communication to Consultant to cease work. Should the City
8
terminate this Agreement, Consultant agrees to immediately discontinue
performance and deliver to City the work which he /she has completed,
including all maps, data reports and like materials. Consultants shall receive a
fee equal to an amount which bear the same relationship to the total fee
payable pursuant to Section 8 that the amount of work to be performed by
Consultant to this Agreement.
B. City may terminate this Agreement with cause effective immediately upon
written notice of such termination to Consultant, based upon the concurrence
of any of the following events:
(1) Material breach of this Agreement by Consultant;
(2) Cessation of Consultant to be licensed, as required;
(3) Failure of Consultant to substantially comply with any applicable federal,
state or local law or regulation;
(4) Filing by or against Consultant of any petition under any law for the
relief of debtors; and
(5) Filing of a criminal complaints against Consultant for any crime, other
than minor traffic offenses.
C. WORK PRODUCT. In the event of termination, Consultant shall, at City's
request, promptly surrender to City all completed work and work in progress
and all materials, records, computerized information and notes developed,
procured, or produced pursuant to this Agreement. Consultant may retain
copies of such work product as a part of its record of professional activity.
20. TERMINATION FOR CAUSE
A. Arcadia may, by written notice to Consultant, terminate the whole or any part
of this Agreement in any of the following circumstances:
(1) If the Consultant fails to perform the services required by the Agreement
within the time specified herein or any authorized extension thereof; or
(2) If Consultant fails to perform the services called for by this Agreement
or so fails to progress as to endanger performance of this Agreement in
accordance with its terms, and in either of these circumstances does not
correct such failure within a period of ten (10) business days (or such
longer period as Arcadia may authorize in writing) after receipt of notice
from Arcadia specifying such failure.
9
B. In the event Arcadia terminates this Agreement in whole or in part as provided
above in subsection A to this Section 20, Arcadia may procure, upon such terms
and in such manner as it may deem appropriate, services similar to those
terminated.
C. If this Agreement is terminated as provided above in subsection A, Arcadia may
require Consultant to provide all finished or unfinished documents, data,
studies, photographs, reports, etc. prepared by Consultant. Upon such
termination Consultant shall be paid an amount equal to the contract amount
for services performed to date of termination, less the cost of hiring another
consultant to complete Consultant's service, at Arcadia's discretion. In
ascertaining the value of the work performed up to the date of termination,
consideration shall be given to the completed work and work in progress, to
complete and incomplete studies, and to other documents delivered to Arcadia
and to authorize reimbursable expenses.
D. If, After notice of termination for the Agreement under the provision of this
Section, it is determined for any reason, that Consultant was not in default, or
that the default was excusable, then the rights and obligations of the parties
shall be the same as if the notice of termination had been pursuant to Section
21.
21. TERMINATION FOR CONVENIENCE
Arcadia may terminate this Agreement at any time without cause by giving seven (7)
days written notice to Consultant of such termination and specifying the effective date
thereof. In that event, all finished or unfinished documents and other materials shall,
at the option of Arcadia, become its property. If this Agreement is terminated by
Arcadia as provided herein Consultant will be paid compensation proportionate to the
actual amount of work completed in relation to the total compensation amount
provided for this Agreement.
22. EXHIBITS
The following exhibits to which reference is made in this Agreement are deemed
incorporated herein in their entirety:
Exhibit "A ": Proposal for Professional Services
Exhibit "B ": Professional Fees and Rates
Exhibit "C ": Project Schedule
10
23. ENTIRE AGREEMENT AND AMENDMENTS
A. This Agreement supersedes all prior proposals, agreements and understandings
between the parties and may not be modified or terminated orally.
B. No attempted waiver of any of the provisions hereof, not any modification in
the nature, extent or duration of the work to be performed by Consultant
hereunder, shall be binding unless in writing and signed by the party against
whom the same is sought to be enforced.
24. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.
25. EFFECTIVE DATE
This Agreement shall become effective as of the date set forth below in which the last
of the parties, whether Arcadia or Consultant, executes said Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and attested by their respective officers thereunto duly authorized.
Dated:
Dated: c i.) C %..hen. , 1999
APPROVED AS TO FORM:
By
Dated:
City Attorney
By
o
11
CITY OF ARCADIA
City Manager
CONSULTANT
By ate.. C
President
A CORD,.
PRODUCER
Andreini & Company
2737 Campus Drive
Irvine, CA 92612
License No. 0208825
INSURED
CIVILTEC ENGINEERING, INC.
GfJVEAAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE
CO
LTR
A GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR
OWNER'S & CONTRACTORS PROT
A
A
A
855 W. FOOTHILL BLVD.
MONROVIA CA 91016
TYPE OF INSURANCE
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED At1TOS
X NON -OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
CERTIFICATE HOLDER
CITY OF ARCADIA
LUBOMIR TOMAIER
11800 GOLDRING STREET
ARCADIA CA 91066 -6021
ERTI
INCL
EXCL
F
...........
............
CN L 3
POLICY NUMBER
7JW30534201 - CA
7JW30534301 - AZ
7JW30534201 - CA
7JW30534301 - AZ
7JW30534201 - CA & AZ
7CW305342 -CA 7CW305343 -AZ
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A AMERICAN MOTORISTS INS. CO.
COMPANY
B
COMPANY
C
COMPANY
D
BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM /DD /YY) DATE (MM /DD /YY)
01/01/00
01/01/00
01/01/00
0 1/0 1 /00
0
01/01/00
01/01/01
01/01/01
01/01/01
01/01/01
01/01/01
01/0
AUTH.RI D REPRESENTATIVE
d
GENERAL AGGREGATE $2,001000
PRODUCTS - COMP /OP AGG $2000,000
PERSONAL & ADV INJURY $1,000,000
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (Any one person)
COMBINED SINGLE LIMIT
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
WC STATU-
X TORY LIMITS
EL EACH ACCIDENT
EL DISEASE - POLICY LIMIT
EL DISEASE - EA EMPLOYEE
LIMITS
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED, PER ENDORSEMENT
ATTACHED. RE: ST. JOSEPH RESERVIOR #1 BOOSTER PUMP STATION & WATER
WELL PROJECT
*EXCEPT 10 DAYS NON - PAYMENT OF PREMIUM.
$1,00.0,000
100,000_
10.000
OTH-
ER
$1,000,000
DATE (MM /DD /YY)
1/ 1/190
X 000,000
$1,008,000
$1 000,200
$1.D00
$1.000.000
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
*30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
.1
8
ARCHITECTS AND ENGINEERS PROGRAM ENDUI SEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
INSURED: CIVILTEC ENGINEERING, INC. AMERICAN MOTORISTS
POLICY #: 7JW30534201 - CA & 7JW30534301 - AZ INSURANCE COMPANY
POLICY PERIOD: 1/1/00 TO 1/1/01
ADDITIONAL INSURED: CITY OF ARCADIA
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
A. Additional Insured:
The following is added to paragraph C., WHO IS AN
INSURED, of the Businessowners Liability Coverage
Form, BP 71 08.
All persons or organizations on file with the company
as Additional insureds are also an insured, but only
with respect to liability arising out of your ongoing
operations for that insured.
B. Primary Coverage:
With respect to claims arising out of the operations of
the Named Insured, such insurance as afforded by this
policy is primary and is not additional to or
contributing with any other insurance carried by or
for the benefit of the above Additional Insureds.
C. Waiver of Subrogation:
Paragraph 2., of the TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS OT US condition,
of the Businessowners Common Policy Conditions,
BP 71 10, is deleted and replaced by the following:
2. Applicable to Businessowners Liability
Coverage:
a. If the insured has rights to recover all
or part of any payment we have made
under this policy, those rights are
transferred to us. This insurance shall
not be invalidated should the Named
Insured waive in writing, prior to a
loss, any or all right of recovery
against any party for a loss occurring.
However, the insured must do nothing
after a loss to impair these rights. At
our request, the insured will bring
"suit" or transfer those rights to us and
help us enforce them. This condition
does not apply to Medical Expenses
Coverage.
BP 86 62 (Ed. 09 96)
D.
b.
After a loss you may waive your rights
against another party in writing, only if,
at the time of loss, that party is one of
the following:
A business firm:
1) Owned or controlled by you; or
2) That owns or controls you.
Notice of Cancellation
If we cancel this policy for any reason other
than nonpayment of premium, we will mail
written notice at least 30 days before the
effective date of cancellation to the Addi-
tional Insureds in paragraph A. above.
2. If we cancel this policy for nonpayment of
premium, we will mail written notice at least
10 days before the effective date of cancell-
ation to the Additional Insureds in paragraph
A. above.
Printed in U.S.A.
EXHIBIT "A"
SCOPE OF SERVICES
Scope of work to include, but not be limited to, consulting with Arcadia's staff on the
following:
12
City of Arcadia
Proposal to Provide Construction Management Services
July 15, 1999
Page 10
concrete and welding inspection. Mr. Hurst recently completed the erection and welding inspection
of the California American Water Company Garth Tank in Baldwin Hills, California. And provided
complete inspection of the City of La Verne 2.5 mg Marshall Canyon Reservoir and 1.0 mg
Mountain Springs Reservoir. Mr. Hurst has recently completed inspection of 7,50011 of a 24 -inch
pipeline for SGCWD as well as a new 8,000 gpm booster pump station. Please contact Mr. Brian
Bowcock of the City of La Verne (909 -596 - 7641), Chuck Shaw of SGCWD (626- 287 -0341) and Mr.
Terry Ryan of CalAm (626- 286 -5586) to obtain specific information about Mr. Hurst's inspection
skills.
Ray Duffin, P.E. began his inspection career with Caltrans in 1948 and retired as Senior Resident
Engineer in 1985. Mr. Duffin began working with Mr. Byrum in 1987 inspecting concrete and steel
reservoirs, pump stations and pipelines. Mr. Duffin was Resident Engineer on (2) 2.5 mg concrete
reservoirs for the City of Glendora, a 5.0 mg reservoir for the City of Azusa, a 5.0 mg steel reservoir
for Suburban Water Systems, a 15 mg steel reservoir for the City of Brea, a 2.5 mg concrete reservoir
in La Verne, two large pump station projects, Plateau and Live Oak, for the City of La Verne, the
8 cfs Pump Back Station for Three Valleys Municipal Water District, The TVMWD 30 -inch
Transmission Pipeline Project and Mills 16 -inch Pipeline Project and the Crescenta Valley Water
District Markman Pump Station. Please contact Mr. Brian Bowcock of the City of La 'Verne (909-
596- 7641), Mr. Pat McCarron of the City of Brea (714- 990 -8748) and Richard Hansen of TVMWD
(909 -621 -5568) to obtain specific information about Mr. Duffin's inspection skills.
Ralph Kuzmic, P.E. began his inspection career with Caltrans in 1961 and has been involved as
resident engineer on numerous Freeway and Bridge projects before he retired in 1983, including the
210 Freeway. Mr. Kuzmic has worked for the City of Pasadena and Civiltec full time since 1983,
involved in a variety of public works construction including a reservoir project for Southern
California Water Company in 1995. Please contact Mr. Joe Minneci, P.E. of the Southern California
Water Company (714 - 535 -7711) to obtain specific information about Mr. Kuzmic's inspection
skills.
Resumes of all participants mentioned herein are attached along with organizational charts.
Civiltec Engineering, Inc. proposes to provide the following scope of services, as Construction
Manager, to assist the City in achieving the goals established for this project.
SCOPE OF SERVICES
TASK I - PRECONSTRUCTION PHASE
A. Meet with the City and the overall Project Manager to establish a proactive relationship with
the overall Project Team. Develop a simple Management Information System (MIS) based
upon the needs of the City.
B. Develop a master schedule based upon City expectations and preliminary schedule submitted
City of Arcadia
Proposal to Provide Construction Management Services
July 15, 1999
Page 11
by the Contractor for review.
C. Arrange and conduct preconstruction meetings for each phase of the work under supervision
of the Construction Manager. Distribute agenda and minutes to Project Team. Video tape
each site and adjacent accesses and roadways with the Project Team prior to construction and
post construction. Provide the tapes to the City.
D. Finalize the master construction schedule based upon all participants input. Develop
methods to expedite the schedule on a continual basis.
E. Obtain and manage the distribution of shop drawings, manufacturer's submittals and safety
instructions on each phase of the work. Transmit shop drawings to Design Engineer for
approval and continually track progress of submittals and approvals to insure contractual
compliance.
TASK II - CONSTRUCTION PHASE
A. Arrange and conduct regular job site meetings with the City, Design Engineer, Inspectors,
Contractor and participating outside consultants and Agencies. Develop agenda of issues to
be discussed and minutes of the meeting outlining action items for the Contractor and each
Project Team member.
B. Arrange and conduct monthly management meetings at the City's office with the Project
Team to update work progress, schedule, and Contractor performance. Review Contractor's
invoicing and changes in work. Provide updates of above to Project Team on a continual
basis to expedite work progress.
C. Maintain the master construction schedule. Continually develop methods to expedite work
progress and monitor Contractor's progress with work in relation to the schedule and provide
solutions.
D. Coordinate multiple Contractor's interfacing on the project in the same time frame.
Coordinate construction activities with adjacent land owners, agencies, utility companies, the
public and parties utilizing the site access roadway and neighborhood residential streets.
Coordinate Contractor's requirements for power and water. Document Contractor's relations
with any outside parties and site security measures.
E. Provide on -going part-time or full time inspection, as required, of all construction work
identified herein to assure quality of construction and adherence to specifications, drawings
and submittals. Document daily work progress with written logs, photographs and video
logs. Provide weekly summary reports to the Project Team documenting progress that will
include daily reports, test results and an updated schedule. Civiltec has the ability to provide
offsite inspection as necessary to insure quality control and compliance with submittals, as
City of Arcadia
Proposal to Provide Construction Management Services
July 15, 1999
Page 12
requested by the City.
F. Manage requests for change orders by the Contractor. Provide requests for change orders
with documentation to the City and Design Engineer for review and recommendations.
Implement changes as required and directed by the Project Team.
G. Obtain, verify, analyze and process Contractor's request for monthly progress pay estimates
and the final pay request.
H. Maintain the official construction record drawings indicating any changes in the design,
materials, dimensions and details. Provide the record drawings to the City for preparation
of the "as- built" drawings.
I. Prepare a "punch list" of all items to be completed by the Contractor to obtain final
completion. Insure items are completed.
Arrange and conduct the final inspection and start-up of each phase of work placed into
service to be witnessed by the Project Team.
TASK III - POST CONSTRUCTION PHASE
A. Compile compendium of equipment, apparatus data, manuals, guarantees and warranties.
Deliver to City for inclusion into project records.
B. Recommend final payment to Contractor.
C. Prepare and provide a completion report to the City consisting of a discussion of construction
activities, final schedule, Contractor evaluation, photographs, reports, test results, change
orders, and miscellaneous documentation.
The Construction Management function encompasses activities from front end planning (involving
total project matters) through completion of start-up and occupancy. The following summarizes the
Civiltec approach to typical construction management projects during the several phases of the
process. In general, the activities are given in logical sequence.
GENERAL:
APPROACH TO PROJECT EFFORT
Establish a pro- active relationship with the Project Team.
° Interact with the Project Team from the earliest (as practical) stages of design through the
completion of occupancy. Provide the City and Project Team with the on -going status of
EXHIBIT "B"
PROFESSIONAL FEES AND RATES
13
engineering inc.
CIVIL AND ENVIRONMENTAL ENGINEERING, PLANNING AND CONSTRUCTION MANAGEMENT
RATE SCHEDULE
Principal Engineer $115.00
Principal Engineer - Expert Witness Testimony $170.00
Senior Engineer $105.00
Project Engineer $95.00
Staff Engineer $90.00
Designer $84.00
Designer /Draftsperson $78.00
Construction Management Supervisor $68.00
Draftsperson $60.00
Resident Engineer /Inspector $55°00
Junior Engineer $50.00
Administrative Assistant /Clerical $40.00
Two -man Survey Party $135.00
Three -man Survey Party $160.00
Subcontracted Services Cost plus 15%
Mileage $0.35 /mile
NOTE: All rates are effective until December 31, 1999. Any increases in rates after that date will
be limited to 8% maximum.
J: \RATES \SCHEDULE.9. wpd
EFFECTIVE UNTIL DECEMBER 31, 1999
855 W. FOOTHILL BLVD. MONROVIA, CA 91016 TEL: (626) 357 -0588 FAX: (626) 303 -7957
EXHIBIT "C"
PROJECT SCHEDULE
14
CIVIL AND ENVIRONMENTAL ENGINEERING, PLANNING AND CONSTRUCTION MANAGEMENT
July 15, 1999
City of Arcadia
240 West Huntington Drive
P.O. Box 60021
Arcadia, CA 91006 -6021.
Attention: Purchasing Officer
Subject: Cost Proposal to Provide Engineering and Inspection Services to Perform
Construction Management of the St. Joseph Water Plant Reconstruction Project and
On Call" Professional Engineering and Construction Inspection Services for various
Projects.
Ladies and Gentlemen:
engiheenng inc.
11- 10- 99A09:23 RCVD
Civiltec Engineering, Inc. proposes to provide the Scope of Services identified in our proposal for
construction management services on an as needed, time and materials basis. All services will be
provided per the rate schedule attached. The rate schedule will remain in effect until the Project is
complete, provided that the Project completes prior to June 30, 2001.
The following analysis of cost for construction management services for the St. Joseph Water Plant
reconstruction Project is based upon time required for each personnel category as identified in your
Request for Proposal dated June 15, 1999. Per your Proposal Request, it is assumed that the Project
duration is 18 months from December 1999 through May 2001, therefore, the hours listed below are
based upon the total estimated hours for the Project duration.
PERSONNEL HOURS PER HOURS RATE BUDGET
MONTH COST
Construction Manager 30 540 $115.00 $62,100.00
Administrative Assistant 40 720 $40.00 $28,800.00
Resident Inspector 146 2628 $55.00 $144,540.00
Testing by RMA $14,447.00
Hydrogeologic monitoring $26,783.00
Total Budget 3888 $276,670.00
118 W. LIME AVENUE MONROVIA, CA 91016 TEL: (626) 357 -0588 FAX: (626) 303 -7957
City of Arcadia
Cost Proposal to Provide Construction Management Services
July 15, 1999
Page 2
Based upon the above cost analysis, the average cost per man hour is $60.56 (Civiltec's budget of
$235,440.00 divided by 3,888 hours).
The proposed budget for the St Joseph project is $276,670.00. This budget will not be exceeded
without written authorization from the City of Arcadia. Civiltec will endeavor to compress the
Contractor's schedules to shorten the actual construction time frame thus reducing the personnel
hours required of the Construction Manager's Team. Civiltec will issue monthly invoices detailing
hours spent in each personnel category and will provide a statement of the accumulated total hours
and costs for all work from the project beginning.
Please contact the undersigned with any questions. Attached hereto are the Civiltec and RMA rate
schedules that will remain in effect until June 30, 2001. We are available to discuss our proposal and
negotiate the final budget for construction management services at your convenience.
Very truly yours,
CIVILTEC engineering, inc.
WDB:dmw
J:\1999\Proposals\P99060rfee.wpd
W. David Byrum, P.E.
Vice- President