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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. Carde Ten Architects Page 2 of 11 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 Carde Ten Architects Page 3 of 11 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 Carde Ten Architects Page 4 of 11 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. Carde Ten Architects Page 5 of 11 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 Carde Ten Architects Page 6 of 11 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 Carde Ten Architects Page 7 of 11 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 Carde Ten Architects Page 8 of 11 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 Carde Ten Architects Page 9 of 11 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