OB - Item 3A - Architectural Services Contract for Rosemead Community Recreation Center ImprovementsROSEMEAD SUCCESSOR
AGENCY STAFF REPORT
TO: THE HONORABLE CHAIR AND BOARD MEMBERS
FROM: MATTHEW HAWKESWORTH, ASSISTANT CITY MANAGER
DATE: NOVEMBER 20, 2013
SUBJECT: ARCHITECTURAL SERVICES CONTRACT FOR ROSEMEAD
COMMUNITY RECREATION CENTER IMPROVEMENTS
SUMMARY
As part of the July 2010 tax increment bond issuance by the former Redevelopment
Agency, the City included funding for a project to renovate and expand the Rosemead
Community Recreation Center (RCRC). The existing facility was built in 1975 and is
approximately 17,000 square feet in size. RCRC serves as a major community
recreation facility that houses senior programs, recreation classes, special functions,
and community events. Proposed improvements include fagade /beautification
improvements, improved disabled access, building /safety improvements,
heating /ventilation system upgrades, and a building expansion to house a computer lab,
small teen center, and recreation staff offices.
The City retained Carde Ten Architects in February 2011 to complete architectural
services for the RCRC improvement project. Since this time, a portion of the design
and construction has been completed, including the replacement of roof materials,
heating /cooling systems, and interior renovations. Remaining items in the project scope
include facade improvements, landscaping /hardscaping improvements, and the
expansion of the community center building. Confirmation of the attached contract will
allow for the completion of remaining design items and for design expenses to be
funded through bond proceeds earmarked for the RCRC project.
Staff Recommendation
It is recommended that the Oversight Board approve Resolution 2013 -0013, confirming
the contract with Carde Ten Architects in the amount of $260,445 for the completion of
architectural services at the Rosemead Community Recreation Center.
DISCUSSION
In 2010, the City completed the Parks and Facilities Master Plan to help serve as a
guide for future capital improvements. As such, the City, with significant public input,
identified a need to improve and expand the Rosemead Community Recreation Center
(RCRC). Together with the new Civic Center Parking Lot and Downtown Plaza, this
area will serve as an inviting space for public events and will expand on services
available to the community.
ITEM NO. -�
Rosemead Successor Agency Oversight Board
November 20, 2013
Page 2 of 3
The RCRC Expansion and Building Improvement Project will include the following
elements:
• Fagade /Beautification Improvements
• Improved Disabled Access
• Building /Safety Improvements — fire safety, electrical equipment upgrades,
structural reinforcement, roof repairs
• Energy Efficiency Improvements — heating, ventilation, air conditioning system
modernization; efficient lighting fixtures, drought tolerant landscaping,
sustainable building materials
• Interior Improvements — furniture, fixtures, and equipment for expansion area and
adjoining areas to existing building
• Building Expansion — the addition of approximately 3,000 square feet to include
additional classroom space, a computer lab facility, small teen center, exterior
plaza and staff offices.
After conducting a request for proposal process in February 2011, Carde Ten Architects
was selected by the City to serve as the architectural firm to complete design
improvements for the Rosemead Community Recreation Center. The total value of the
contract is $260,445. To date, a total of $168,405 has been paid to Carde Ten
Architects for design /construction administration of several components of the project
(interior improvements, roof replacement, and heating /cooling improvements). It should
be noted that expenditures for this phase were made prior to the dissolution of
redevelopment agencies.
The remainder of the contract, $92,040, will be used for the completion of remaining
project aspects, including the design of fagade improvements, landscaping /hardscaping
improvements, building expansion, and construction administration. After the
completion of design plans, it is anticipated that a construction contract for this project
will be presented to the Oversight Board for consideration in February 2013. As
proposed, all costs related to this project will be funded through bond proceeds from the
former redevelopment agency.
FINANCIAL REVIEW
This project was included in the City's Capital Improvement Program and is funded
entirely with tax increment bond proceeds. The total budget for this project is
$1,750,000.00.
Rosemead Successor Agency Oversight Board
November 20, 2013
Pace 3 of 3
Submitted By:
C&n4ck
Chris Marcarello
Director of Public Works
Attachments:
1. Resolution 2013 -0013 (Oversight Board Confirmation of Architectural Services
Agreement)
2. Carde Ten Architects Agreement, Services Breakdown, Progress Payment
Summary
RESOLUTION NO. 2013 -0013
A RESOLUTION OF THE OVERSIGHT BOARD
FOR THE SUCCESSOR AGENCY TO THE
ROSEMEAD COMMUNITY DEVELOPMENT
COMMISSION CONFIRMING THE SELECTION OF
A PROFESSIONAL SERVICES FIRM FOR
ARCHITECTURAL DESIGN SERVICES FOR THE
ROSEMEAD COMMUNITY RECREATION CENTER
IMPROVEMENT PROJECT
WHEREAS, THE Rosemead Successor Agency received the Finding of Completion
on April 18, 2013 from the Department of Finance, and
WHEREAS, the Finding of Completion states that the Rosemead Successor Agency
may utilize proceeds derived from bonds issued prior to January 1, 2011 in a manner
consistent with the original bond covenants per Health and Safety Code section
34191.4(c); and
WHEREAS, the Rosemead Successor Agency is holding approximately $7.1 million
in bond proceeds derived from bonds issued prior to January 1, 2011 for Capital
Improvement Projects identified in the bond covenants; and
WHEREAS, the Rosemead Successor Agency will be required to provide oversight
of the completion of the Capital Improvement Projects to ensure compliance with the
bond covenants, and
WHEREAS, the approved Capital Improvement Projects have been included on
each Recognized Obligation Payment Schedule filed by the Rosemead Successor
Agency; and
NOW, THEREFORE, THE OVERSIGHT BOARD FOR THE SUCCESSOR
AGENCY TO ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION HEREBY
RESOLVES:
1. The Rosemead Successor Agency Oversight Board confirms that the
professional services firms listed below are qualified and capable to provide
project architectural and construction administration services related to the
Rosemead Community Recreation Center Improvement Project.
2. That the contract with the following firm shall not exceed the amounts listed in the
table below. If any contract amendments are required, all such changes shall be
brought back to the Oversight Board for review and approval.
Trade
Firm
Total Budget
Architectural Services
Carde Ten
Architects
$ 260,445.00
Total Cost $ 260,445.00
3. Successor Agency staff is directed to submit documents to the Department of
Finance as necessary, including an amended Recognized Obligation Payment
Schedule.
4. Successor Agency staff is directed to provide a copy of this Resolution to the
County Auditor - Controller, the State Controller's Office and the State Department
of Finance.
PASSED, APPROVED AND ADOPTED THIS 20 DAY OF November, 2013
Pat Wallach
Chair
ATTEST:
Matthew Hawkesworth
Successor Agency Staff
CARDE TENIARCHITECTS
November 3, 2013
City of Rosemead
Chris Marcarello, Director of Public Works
8838 East Valley Blvd.
Rosemead, California 91770
Re: Rosemead Community Center Expansion Revised Add Services Proposal
Dear Mr. Marcarello,
We understand that the City has limited financial resources for this project. Per your suggestion, we
will reduce our additional fee to $16,800 (reference proposal dated 5- 15-13) and restructure our
Construction Observation services to a Time & Material (T &M) basis. The majority of this additional
fee of $16,800 has already been committed to our outside consultants (e.g. structural, mechanical,
electrical, plumbing). Hopefully, we can lessen the impact on our architectural costs as we proceed.
We will prepare the necessary drawings and obtain approvals under the existing 2010 Building code.
Our work does not include revising the drawings to comply with the new 2013 code nor providing a
new cost estimate. For the Construction Phase, we understand that the City has a very strong and
active presence during the construction phase and are able to handle a lot of this work with their in-
house team. We will support that effort.
Base upon the as -built conditions that we have seen thus far with the Tennant Improvement project, I
would highly recommend that the scope of the Facade Improvements be revised to minimize the
possibility of a large change order due to unforeseen issues. Instead of re- skinning the entire facade
of the building, I would suggest that it would be more prudent and maybe more visually appealing to
re -glaze and /or replace the storefront glazing looks rather unsightly next to the new interior finishes of
the remodeled RCRC. The new glazing would be low-e, tinted, energy glazing that would improve
the energy efficiency of the building, cut down on unwanted solar gain and glare. We would also
include an additive alternate to replace all of the storefront with a custom color frame that would
accent the exterior and interior elevations. Of course, the damaged T1 -11 siding on the fascia would
be replaced and the entire facade would be freshly painted.
The facade improvements that we originally proposed present many difficulties now that the RCRC
has been broken down into separate construction phases.
First, this new skin was part of an overall assembly that included the new single ply membrane that
was installed in Phase 1. As a result, the newly installed roof will now need to be modified/ revised to
accept the new facade improvements. Careful construction will be imperative to maintain a watertight
system and special measures may be necessary to avoid voiding the existing roof warranty.
Second, this work involves opening up the existing exterior walls to make positive structural
connections for the new facade work. Based upon what we have seen in the Tenant Improvement
project, this could be a potentially disproportionately high change order if as -built conditions are
uncovered that require mitigation or if additional structural upgrades are found to be necessary.
Adverse as -built conditions could include: dry rot, mold, asbestos, substandard framing, non-
compliant elements, etc. Structural issues could include foundation upgrades or reinforcement,
additional shear transfer elements, etc. If we include provisions in the drawings to fully address these
areas of concerns, the base bids will most likely be well over budget. The perimeter of the RCRC
represents an extremely large area and small issues are multiplied many fold due to the sheer extent
of the perimeter. In any event, a construction contingency needs to be in place commensurate with
the age of the building and extent of the scope.
1638 Nineteenth Street, Santa Monica, CA 90404 Tel (310) 453.4427 Fax (310) 453.5515
Finally, the issues mentioned above have the potential to cause major delays to the project schedule
while a non - structural scope will allow the RCRC to open earlier. If the scope of the RCRC fagade
improvements is thought of as more maintenance & replacement rather than structural alterations, it
may not need to be submitted for plan check and could even start right away.
After weighing the pros and cons and my understanding of the available construction funds, the
project may be better served to revisit the fagade improvements.
Let me know what you think.
Please call me if you have any questions
Sincerely,
BRIAN TEN, AIA, LEED AP BD +C, CASp
principal
2
CITY OF ROSEMEAD x11606
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 6` day of April, 2011 by and
between the City of Rosemead, a municipal organization organized under the laws of
the State of California with its principal place of business at 8838 E. Valley Blvd.,
Rosemead, California 91770 ( "City') and Carde Ten Architects, with its principal place
of business at 1638 19 Street, Santa Monica, CA 90404 ( "Consultant "). City and
Consultant are sometimes individually referred to herein 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 architectural
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 Rosemead
Community Recreation Center Expansion and Facade Improvement 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 architectural
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 April 6, 2011 to
June 30, 2012, 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, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
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: Brian Ten, Principal.
3.2.5 City's Representative. The City hereby designates the Public
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Works 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 Brian
Ten, Principal or his 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 /her 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
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performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Architect shall maintain prior to
the beginning of and for the direction of this Agreement insurance coverage as specified
in Exhibit D attached to and part of this agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so as
to avoid injury or damage to any person or property. In carrying out its Services, the
Contractor 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 C attached hereto and incorporated herein by reference. The total
compensation shall not exceed Two hundred eight thousand and five hundred dollars
($208,500) without advance written approval of the City's project manager. Extra Work
may be authorized, as described below, and if authorized, will be compensated at the
rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City shall,
within 45 days of receiving such statement, review the statement and pay all approved
charges thereon.
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3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
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.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California
Code of Regulations, Title S, Section 1600, et seq., ( "Prevailing Wage Laws "), which
require the payment of prevailing wage rates and the performance of other
requirements on "public works" and "maintenance" projects. 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 $1,000 or more,
Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates
of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the
Consultant's principal place of business and at the project site. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free
and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
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
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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:
CONSULTANT:
Carde Ten Architects
1638 19 Street
Santa Monica, CA 90404
Attn: Brian Ten
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: Public Works 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
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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.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and all other costs of such
action.
3.5.6 Indemnification. To the fullest extent permitted by law, Consultant
shall defend, indemnify and hold the City, its officials, officers, employees, volunteers,
and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of, pertaining to, or relating to any
negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its
officials, officers, employees, agents, consultants, and contractors arising out of or in
connection with the performance of the Consultant's Services, including without
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limitation the payment of all consequential damages, expert witness fees, and attorneys
fees and other related costs and expenses. Consultant shall defend, at Consultant's
own cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy
any judgment, award or decree that may be rendered against City or its directors,
officials, officers, employees, agents, or volunteers, in any such suit, action or other
legal proceeding. Consultant shall reimburse City and its directors, officials, officers,
employees, agents, and /or volunteers, for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials officers, employees, agents, or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws 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.
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
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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. Consultant further agrees to file, or shall cause its
employees or subconsultants to file, a Statement of Economic Interest with the City's
Filing Officer as required under state law in the performance of the Services. 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.
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
Carde Ten Architects
Page 10 of 11
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.
Carde Ten Architects
Page 11 of 11
: WAM / rl
Attest:
Gloria Molleda
City Clerk
Approved as to Form:
Rachel Richman
CARDE TEN ARCHITECTS
Name: i/f ZLy
Title: A/2 /J['1,041-
Name:
....,, : .
EXHIBITA
SCOPE OF SERVICES
1. UNDERSTANDING SCOPE OF SERVICE
The Rosemead Community Recreation Center it an extremely popular and heavily used
facility for both adults and for children. Careful planning and location of the expansion is
of paramount importance in the Continuing success of this facility.
It is our understanding that phasing plans will need to be developed in the early design
stages to minimize disruption to on -going activitles, minimize downtime and at the same
time provide for heahh, safety and security for children and adults who are using the
Center during constructlon activities.
The final design solution should minimize staffing requirements for supervision, provide
for security and separation for the Pre - school & Community Center functions, provide
acoustical privacy for the many different activities and programs and accommodate the
different hours of operation and nature of the Center's activities.
For instance, the City Offices, Teen Center & Pre - school have very different users, hours
of operation, security needs and circulation, yet all these areas need to function under
one roof.
PROTECT OBJECTIVES INCLUDE:
CONTEXT
• Integrate the Center Expansion and Wend with the Public Plaza
& Parking Project
• Build Community Support & Consensus for the Improvements & Expansion
• Understand Pedestrian, Pre - school & Vehicular circulation patterns
• Create a vibrant and well used public space for residents
FUNCTIONAL
• Design Phasing Plans to minimize disruption to on -going Community
Center activities
• Provide for Security Needs- Pre - school, Teen, City Staff & Seniors
• Design to minimize staffing requirements
• Provide acoustical separation of activities
PRACTICAL
• Design MEP Systems to incorporate energy conservation
and sustainable features
• Keep on Budget during design and throughout construction
• Maintain Schedule during design and throughout construction
:vr 11 .,..ee
-gx park 1l
2. METHODOLOGY & WORK PLAN
Our approach Is to wrap the Facade and Expansion Improvements (City Offices, Teen
Center, Computer Lab) into our standard project phasing.
PHASE I SITE ASSESSMENT AND SCHEMATIC DESIGN
SITr A55CSSMENT. Here, we review the site conditions, the underlying reports/Investga-
tlons relevant to the project, and the City / objectives / program. We will look at the traffic
patterns, the new City Plaza and parking improvements, and verify utility constraints.
SCHEMATIC DESIGN: During this stage, we generate 3 layout/ design options that includes
site plan, floor plan, key sections, and building elevations. We will establish the main
materials and select the appropriate building systems (e.g. HVAC, etc.)
Project Phasing, budget, cost estimates, schedule and FEED checklist are established in
this phase.
During this stage, we would present this scheme to the relevant stakeholders
PHASE II DESIGN DEVELOPMENT / CONSTRUCTION DRAWINGS
DESIGN DEVELOPMENT: With an approved Schematic Design, advance the design to In-
clude detailed decisions concerning elevatlonsl massing, ADA access, building systems
(structural, mechanical, electrical, fireAlfe safety, energy. LEED), landscape, and other
features that comprise the developed design.
We will meet with all applicable regulatory agencies having jurisdiction over the project;
e.g. building department, fire departments, utility companies, etc.
CONSTRUCTION DOCUMENTS: Here we convert the design into the language of the con.
struction Industry with detailed drawings, and calculations that enable review agencies to
issue permits and contractors to execute the design.
We will provide a fully coordinated set of drawings Including architectural, engineer-
ing (structural, mechanical, LEED Silver, electrical, energy) with calculations, landscape
design, specifications, and signage.
We will coordinate with the City's specialty consultants and coordinate with the new City
Plaza and Parking Improvement Project.
PLAN CHECK REVIEW: We will submit the project for Plan Check review and incorporate
comments and corrections Into the project documents.
Cost estimates, assistance with selection of FF &F and value engineering are included in
this phase.
CARDE TEN i.wmrcn
snn. img world Norm man
2. METHODOLOGY & WORK PLAN
PRASE III- CONSTRUCTION SUPPORT SERVICES
BIDDING: We will coordinate with the City in the preparation of the bid documents.
We will participate in the pre$Id job walk to describe the design and answer questions
from the bidders.
We win issue bid addenda as necessary
CONSTRUCTION: We will attend job site meetings, expedite all Requests for Information,
assist In the review of Change Order Proposals, review contractor Payment Applications,
incorporate all change orders and as -built documents (from contracts) into a final Re-
cord Set of Documents, secure, review and deliver all Submittals and Manuals to the Qty
upon project completion, assist the Qty in expediting Punch List completion.
G,RDE TEN I.wmca
N-b- 9� -"icy
EXHIBIT B
SCHEDULE OF SERVICES
EXHIBIT B
TIME SCHEDULE
PHASE I — Site Assessment and Schematic Design, Design Development/Construction Documents
Notice to Proceed Aoril 11, 2011
Pre Design; Set Project Objectives; Site Boundary Review;
Review /Evaluate Existing Conditions; Gather Site Info /As Builts;
Utility Information; Pedestrian and Vehicular Circulation;
Fire Department Access; Review Soils Report; Survey;
Reconcile Budget and Program; Concept Site Plans
Schematic Plan and Elevations May 2, 2011
Schematic Plan Presentation
Client Review /Comment May 12, 2011
City Council Presentation May 24, 2011
Design Development Plans /Elevations May 25, 2011
Design Development Presentation
Client Review /Comment
Finalize Base Plans
60%/90% Review Submission
Client Review /Comment
100% Construction Documents and Specifications
Consultant Engineers Coordination /Check Sets
Plan Check Corrections Bid Documents August 31, 2010
PHASE III — Construction Support Services
Bidding/Award September 2011
Construction /Occupancy October 2011 —June 2012
Completion of Record Drawings July 2012
EXHIBIT C
COMPENSATION
C -1
8. FEE PROPOSAL
PROPOSED PEES AND COSTS
BASE FEE CALCULATIONS
Based upon our understanding of the work, we will use our base fee schedule below for small, remodel & additions. This fee will include: Architec-
tural, Structural, MEP and Landscape Architecture, Cost estimates, Phasing Diagrams, Specifications, and Coordination with City Consultants. We are
assuming $1,600,000 in constructions costs for the expansion, tagade improvements & mechanical systems replacement.
REMODEL / MODERNIZATION FEE SCHEDULE
1.12% of the first five hundred thousand ($500,000) of construction cost,
$60,000
2. 11.5% of the next five hundred thousand dollars ($500,000) of construction cost,
$57,500
3. 11% of the next one million dollars (S1,000,000) of construction cost.
$66,000
4. 10% of the next four million dollars (S4,D00,0DO) of construction cost.
0
5. 9% of the next four million dollars ($4,000,000) of construction cost.
0
6 8% of construction costs in excess of ten million eollarc
0
Total Base Fee
$183,500
ADDITIONAL SERVICES TO BE ADDED TO BASE FEES
1.AsbulN- Documentation- (Ilmlted)
$3,000
2. FF&E Assistance
$6,000
3.Relmbursables
$6,000
4. LEED Silver Equivalent
$10,000
Total Additional Services to be added to base fees $25,D00
TOTAL BASE FEE S208,500 � �\
REIMBURSABLE EXPENSES (Note: All reimbursable expenses are subject to a 10% mark -up.) 111 ✓ ✓ ✓���/ j / � / / , �') 1' i1 Ll )
Reprographics
In -house
Large Plots 124 "00" or larger)
Large Plots (24:x30" or larger)
Small Plots
Small Plots
Xerox copies: 8.5x11
Commercial
Travel
Postage I Messengers / Deliveries
Other Standard Reimbursable Expenses
Renderings/Models
As Bullt Documentation
Audio - Visual Consultant
Programming
Consultants: (as approved by client)
Fees Advanced on Behalf of the Client / Project
HOURLY RATES
Color
$40 per sheet
B &W
$20 per sheet
Color
$20 per sheet
B &W
$10 per sheet
B &W
$0.15 per sheet
Invoice
CONSULTANTS
$0.45 / mile
Invoice
Principals
Invoice
Project Engineers
Invoice /Hourly
Staff Engineers
Invoice
CADD Staff
Invoice
Support Staff
Invoice /Hourly
Invoice
.
Invoice
Here are our hourly rates. We prefer to work on a fined fee basis to avoid the misunderstandings about hours worked. Nevertheless, hourly rates
are helpful for small, urgent work tasks that can pop up on any job.
CARDE TEN ARCHITECTS
Principals
$190 1 hour
Project Architects / Managers
$150 1 hour
Staff Architects I Managers
$125 1 hour
Technical Staff
$100 / hour
Support Staff
$ 65 1 hour
CONSULTANTS
Principals
$150 / hour
Project Engineers
$100 / hour
Staff Engineers
$ 85 /hour
CADD Staff
$ 65 / hour
Support Staff
S 45 /hour
.
15
GARDE TENIAIaaum
CARDE TEVARCHiTECTS
April 26, 2011
City of Rosemead
Chris Marcarello, Director of Public Works
8838 East Valley Blvd.
Rosemead, California 91770
Re: Rosemead Community Center Expansion Draft Comments & Exhibits: Rev 1
Dear Mr. Marcarelio,
As discussed, I have reviewed the draft contract and exhibits and only have some minor
comments/ clarifications regarding the schedule and revisions of some cost items. Here is a
summary of the contract costs along with narratives and clarifications below.
Base Fee
$183,500
LEED Silver Equivalent
$10,000
FF& E Assistance
$6,000
Reimbursables
$6,000
As -Built Documentation
$3.000 1
Total Contract
$208,500
LEED Silver Equivalent: All new construction (addition & expansion) will incorporate features,
materials and systems that are consistent with LEED Silver practices. Additionally, improvements
will be made to the existing Center that will increase its energy efficiency & decrease its
consumption of energy & water. We will provide a LEED Checklist and narrative regarding the
points and modify the project specifications as required. Depending upon the LEED score, we
may need to add requirements to the project that would impact either the City's soft costs (e.g.
enhance commissioning, purchase green power, energy modeling, etc) or Construction Hard
Costs (e.g. construction waste management, certified wood, construction Indoor air quality during
construction and prior to occupancy, etc). The extent of the LEED Silver equivalency effort will
need to be balanced by the overall goals, feasibility and constraints. Based upon our current
understanding of the project, the fees for this effort would be $10,000.
FF& E Assistance: For the new expansion and remodeled areas, we will work with the City to
provide FF &E for the expansion and remodeled areas at GSA pricing. This includes meetings
with City, sketches, model numbers, and fabric & color selection. The procurement will be through
an outside vendor and not part of the General Contractor's scope of work. Based upon our
current understanding of the project, the fees for this effort would be $6,000.
Reimbursables: For this size project, our estimate is $6,500 for reimbursable expenses per our
Fee Proposal. We will provide Itemized costs for documentation. Any unused portion will remain
with the City.
As -Built Documentation: $3,000. The current set of drawings is missing some key sheets with
information that would be necessary for the design of the expansion project. We have done
some preliminary measurements to document key ADA issues. We are looking for documents
that show:
1638 Nineteenth Street, Santa Monica, CA 90404 Tel (31D) 453.4427 Fax (310) 453.5515
1. The storage & restroom addition on the east side
2. The bathroom renovations at the child care space.
3. Architectural Detail Sheets
4. Structural sheets (S -1 & S -3) indicating showing the foundation plan and shear walls,
5. Mechanical, Electrical & Plumbing Sheets (all sheets)
Insurance Certificates: We have submitted Insurance Certificates per the City's requirements.
Time Schedule: It is our intention to comply with the proposed Time Schedule in Exhibit B to
work within the City's overall goals. The Phase I time line is adequate, but I am concerned about
the accelerated schedule of Phase II for the Design Development Phase, Construction
Documents Phase and Approvals and Permitting. Within this timeframe are approvals and
presentations to the client, cost estimates & reconciliation, potential value engineering efforts, and
review and processing times for Building Plan Check. These are not under our control and can
vary greatly. Depending upon the ultimate design solution chosen by the City, there could be
additional issues that take more time to resolve. This could include existing structural issues of
the existing building, occupancy phasing, etc.
To meet the Time Schedule, is it possible to take the Design Development Phase and split it
between the Schematic Design Phase & Construction Documents Phase rather than as a
separate Phase? Depending upon the design direction chosen, this maybe possible since it is a
relatively small project.
Please let me know if you have any questions.
�7
Brian Ten: Principal
Garde Ten Architects
8. FEE PROPOSAL
PROPOSED FEES AND cons
BASE FEE CALCULATIONS
Based upon our understanding of the yrerk, we will use our base I" schedule belowfor sad], moi 6 addl0ons. This fee Indude: ArchImc-
tural. Structural, MEP and landscape Architecture, Cost estimates, Phasing Dlagrams, Specifications, and Coordinatlon with Consultants We are
assuming $1, 600,000 in canstrucdars casts for the expansion, laude improvements 6 mechanical systems rephcement.
REMODEL / MODERNRATION FEE SCHEDULE
1,12% of the first Ifee,hundred thousand ($500,000) of construction cast. $60,000
2. 11.5% of the next five hundred thousand dollars ($500,000) of covtr $57
nuction cost. ,500
3. 11% of the next one million dollars ($1,000,000) of corutruc0on =L $66,000
4. 10% of the next four million dollars (S4,DOO,O00) of construction cost 0
5. 9% of the next four m01on dollars ($4,000,000) of construction cost
ADDRIONAL SERVICES TO BE ADDED TO BASE FEES
1. Security Systems
2. Formal Presentations; (St,D00 per meeting- Note 2 meeting Included in base
3. FF&E Assisstance (allowance)
4. Acoustical Engineering (allowance) i
. Silver Foubralent
be added to base teas
$219,500
HEIMDURSABLE EXPENSES (Note: All reimbursable expenses are subject a 10%
Reprographics
in-house
Large Plots (24x30' or larger)
Large Plots (24:x30' or larger) 1 BAN
Small Plots to
Small Pints
Xerox Copier. 8.5x1 I B&W
Commercial
Travel
Postage / Messengers / Delty
Other Standard Reimbursable
Renderings(Modets
As -Built Documentation
Audio-Visual Consultard
Programming
Consultants: (as approved b"
Fees Advanced on Behalf oft
HWRLY RATES
Here are our hourly rates We prefer to pork on
are helpful for snail, o gent work tasks that can
CAROE TEN ARCHITECTS
$40 per sheet
$20 per sheet
$20 per sheet
$10 per sheet
$0.15 per sheet
invoice
WAS I mile
Invoice
moice
Invoice/Hourly
bNoice
Imolce
Imdcr)Hourly
Imulm
Involm
aid fee basis to avoid the misunderstandings about hours worked. Nevertheless, hourly rates
up on any job.
Principals
O / hour
Staff Architects / Managers
51 hour
Support Stall
1 hoer
CONSULTANTS
/65
Phocpals
0 / hour
Staff Engineers
5 1 hour
Support Staff
5 /hour
Project Architects I Managers $1501 hour
Technical Staff $100 / hour
Projecf Engineers $1 DO / hour
CADD Staff $ 65 / hour
U
p
15 WIDE TEN i>,mnms
EXHIBIT D
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Consultant agrees to amend, supplement
or endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of" the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better
and a minimum financial size VII.
D -1
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operations limits the application of such insurance coverage.
None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
S. No liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over' claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests under
this or any other agreement and to pay the premium. Any premium so paid by
City shall be charged to and promptly paid by Consultant or deducted from sums
due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Consultant agrees to require its insurer to modify
D -2
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self- insure its obligations to City. If
Consultant's existing coverage includes a deductible or self- insured retention, the
deductible or self- insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or
elimination of the deductible or selfinsured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of City to inform Consultant of non - compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
D -3
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all -
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
M
ARCHITECTURAL SERVICES
ROSEMEAD COMMUNITY RECREATION CENTER
CARDE TEN ARCHITECTS
Item
Amount
Base Contract— Architectural Services
$ 208,500
Change Order #1
Project Phasing — Roof /HVAC Project, As -Built
Documentation
$ 9,945
Change Order #2
Project Phasing— Expansion and Facade
Improvements
$ 16,800
Change Order #2
Construction Administration /Observation
(Not -to- Exceed; Based on Time /Materials)
$ 25,200
Total Cost $ 260,445
CONTRACT PROGRESS PAYMENTS
(Through 11 -14 -2013)
Total Contract Amount $ 260,445
Total Amount Earned to Date $ 168,405
Balance $ 92,040