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2200 - Herman Architects Inc. - Public Safety Buidling RehabiltationSECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ROSEMEAD PARK RESTROOM RENOVATION PROJECT — DESIGN SERVICES (HERMAN ARCHITECTS) THIS SECOND AMENDMENT ("Amendment') is made and entered into this Ick day, of 2022, ("Effective Date') by and between the City of Rosemead, a municipal orgarfization, organized under the laws of the State of California with its principal place of business at 8838 East Valley Blvd., Rosemead, California 91770 ("City") and Herman Architects with its principal place of business at 1725 Garden Avenue, Glendora, California 91204 ("Consultant'). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties". WHEREAS, City and Consultant entered into an agreement on October 21, 2021, for Rosemead Park Restroom Renovation Project Design Services; and WHEREAS, this Agreement is set to expire on July 1, 2022; and WHEREAS, the City and the Contractor may mutually agree to extend the term of this Agreement for up to one year. NOW, THEREFORE, the parties agree as follows: SECTION 1. Section 3.1.2 "Term": Shall be amended to read: 3.1.2 Term. The term of this Agreement shall be from the Effective Date shown above to July 1, 2023, 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. SECTION 3. All other terms, condition, and provisions of the Original Agreement not in conflict with this Addendum, shall remain in full force and effect. SECTION 4. The City Clerk shall certify to the adoption of this Amendment and hereafter the same shall be in full force and effect. IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. [Signatures on next page] CITY OF ROSEMEAD By: :U,4 Ben Ki City Manager Attest: Eri-ka Hernandez City Cferk Approved as to Form: � at e Dat HERMAN ARCHITECTS By: 1 L11 2' Date Name: fICHA1L V\Lft"N INO 1 . [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] �/ �.�/2i2Name: )Rachel Richman Date City Attorney ACORPM CERTIFICATE OF LIABILITY INSURANCE Hendricks-Hodgkiss Co. License #0037482 2670 Mission Street, Suite 200 San Marino, CA 91108 msumo R S Herman Architects 1725 Gardena Avenue Glendale, CA 91204 wr_ec EXTEND AFFORDED BY THE INSURERS AFFORDING COVERAGE NAIC K INSURERA Travelers Inflenl Co. of CT INSURERS: Travelers Prop. Cas Co. of Ame INSURERc: Travelers Cas. & Sur Co. of Am INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS. MR Ao0'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE - POLICY EXPIRATION NERD DATE MMmDRYY YDATE IMMIDORYYYI LIMITS GENERAL LIABILTTY 680-811681724-22 03/04/2022 03/04/2023 EACH OCCURRENCE 5 1,000,0 X COMMERCIAL GENERAL LIABILITY DAMAGETO-RENTED PREMISES iEs oopeNnce 5 300,000 CLAIMS MADE T OCCUR MED EXP (Ae panon) $ rty on 5,000 A PERSONAL& ADV INJURY S 1,000,00 GENERAL AGGREGATE E 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPA)P AGG f 2,000,00 POLICYEPRO. LOC AUTOMOBILE LIABILITY 680-8HG$1724-22 03/04/2022 03/04/2023 COMBINED SINGLE LIMIT ANY AUTO (Es accident) S 1,000,00( ALL OWNED AUTOS BODILY INJURY 5 SCHEDULED AUTOS (Per person) A X HIREDAUTOS BODILY INJURY f X NON -OWNED AUTOS (Per imilart) — PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT E ANY AUTO OTHER THAN EA ACG . 5 AUTO ONLY: AGG S EXCESS I LMBRELLA LIABILITY EACH OCCURRENCE S OCCUR F—I CAIMS MADE AGGREGATE _ E _ 5 DEDUCTIBLE 5 RETENTION f S WORKERS COMPENSATION UB -9K804187-21-47 05/31/2022 05/31/2023 X_ TORY LIMITS ER AND EMPLOYERS' LIABILITY Y—I ANY PROe�l I�R/PMBER E.L. EACH ACCIDENT_ f 1, DDD T DD B EAARCTNNRIEXECUTNE (SMndabrT In NH) . E.L. DISEASE - EA EMPLOYEE $ 1,000,00 If EC deacdW.ntler SPIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT S 1,000,00 THIK Professional 105452613 05/31/2022 05/31/2023 $1,000,000. for each claim; C not to excess $2,000,000. for � lty all claims DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Rosemead R$Ww. Pah Renmi Wn CRI of Rosemead 8838 E. Val kY Blvd. Rosemead CA 91770 ATTN: Micflsel Chung Director of Public Works 25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER TAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL MPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR The ACORD name and logo are registered marks of ACORD FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT CITY OF ROSEMEAD PUBLIC SAFETY BUILDING PARKING LOT - DESIGN SERVICES (HERMAN ARCHITECTS) THIS FIRST AMENDMENT ("Amendment") is made and entered into this day of S,),nZ , 2022, ("Effective Date"), by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and Herman Architects with its principal place of business at 1725 Garden Avenue, Glendora Avenue, Glendora CA 91204 (hereinafter referred to as "Consultant"). WHEREAS, City and Consultant entered into a Professional Services Agreement dated January 12, 2022, for Consultant to render such services described in the Original Agreement; and WHEREAS, Section 3.1.2 of the Original Agreement defines Agreement term to expire on July 1, 2022; and WHEREAS, City requested Consultant to provide additional design services for the project, which were not included in the Original Agreement; and WHEREAS, City and Consultant desire extend the Agreement term to expire in December 31, 2023, for the Consultant to continue to render additional services requested by the City; and WHEREAS, Section 3.3.1 of the Original Agreement defines Agreement compensation not to exceed Five Thousand Two Hundred Fifty Dollars ($5,250); and WHEREAS, City and Consultant desire to increase the compensation by Thirteen Thousand Three Hundred and Seventy Dollars ($13,370) to a not to exceed amount of Eighteen Thousand Six Hundred and Twenty Dollars ($18,620). NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Herman Architects Page 2 of 3 1. The Original Agreement shall be amended. 2. Section 3.1.2 of the Original Agreement shall be amended to read as follows: 3.1.2 Term. The term of this Agreement shall be from Effective Date shown above to December 31, 2023, 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. 3. Section 3.3.1 of the Original Agreement shall be amended to read as follows: 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, as specified in the attached Consultant proposal (i.e., hourly rates, expenses, etc.), but not to exceed Eighteen Thousand Six Hundred and Twenty Dollars ($18,620). Such payments shall be made on an as - needed basis as directed by the City. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 4. All terms not defined herein shall have the same meaning and use as set forth in the Original Agreement. 5. All other terms, conditions, and provisions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, City and Consultant have executed this reinstatement and Amendment as of the date set forth above. (SIGNATURES ON NEXT PAGE] Herman Architects Page 3 of 3 CITY OF ROSEMEAD HERMAN ARCHITECTS By: Ju K1 -7L 2Z Ben Kim,Itlfty Manager Date Signature Date Attest: �50 awZz Ericka Hernandez, City Clerk Date Approved as to Form: Rachel Richman, City Attorney Date Name: Now" R4 -WN Print Title: Ppr-5 kt)aa f [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By: Name: Title: ACORD,. CERTIFICATE OF LIABILITY INSURANCEDATE(MMIODIYYYY) 06/13/2022 PRODUCER 213.386.8500 FAX 213.383.0460 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hendricks-Hodgki ss Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0037482 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2670 Mission Street, Suite 200 San Marino, CA 91108 INSURERS AFFORDING COVERAGE NAIC # INSURED R S Herman Architects- INSURERA: Travelers IndemCo. of CT 1725 Gardena Avenue INSURER e: Travelers Prop. _ Cas Co. of Ame Glendale, CA 91204 INSURERc: Travelers Cas. & Sur Co. of Am INSURER D: INSURER E; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 8 R' LTR D' NSR TYPE OF INSURANCE POLICY NUMBER E TIDE DATE MMIDDIYYYY PbDCCYEA€RA �N DATE MMIDD LIMITS GENERAL LIABILITY 680-SH681724-22 03/04/2022 03/04/2023 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DA A ED PREMISE Ea ocwrrence $ 300,00 IX CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5100 A PERSONAL & ADV INJURY $ 1,000.00 GENERAL AGGREGATE _ $ 2,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2 , 000, 00 POLICY JET I, LOC AUTOMOBILE LIABILITY 680-SH681724-22 03/04/2022 03/04/2023 COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY _120001000 A X SCHEDULED AUTOS (Per person) $ - X HIREDAUTOS X NON-OWNEDAUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG I$ EXCESS I UMBRELLA LIABILITY —I EACH OCCURRENCE $ OCCUR 1-1 CLAIMS MADE AGGREGATE $ DEDUCTIBLE - RETENTION $ — _ $ - WORKERS coMPENSATION UB -9K804187-21-47 05/31/2022 05/31/2023 X TRY LIMITS I ER AND EMPLOYERS' LIABILITY YIN I E.L.EACH ACCIDENT v - $ 1000,000 ! B ANY PROPRIETORIPARTNEPJEXECUTI OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE_ _ $ 1, 000, OO (Mandatory in NH) If yes, describe under $ 11000,000 SPECIAL PROVISIONS below E.L. DISEASE •POLICY LIMIT roessional 105452613 05/31/2022 05/31/2023 $1,000,000. for each claim; C Liabililty not to excess $2,000,000. for. all claims DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Blanket Additional Insured including, transfer of Rigths of Recovery Against others and Primary and Yon -contributory wording as per form CGD3 81 0915 attached. 10 day notice of cancellation for non ayment of premium. %11 operations of the named insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Rosemead NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn : City Manager IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 8838 East Valley Boulevard REPRESENTATIVES. Rosemead, CA 91770 A EMDREPRESENTA 11 VE r T ACORD 25 (2009101) ®1988-2009 ACORI CO PORATION. All rights reserved. fhe ACORD name and logo Bre registered marks of ACORD PROFESSIONAL SERVICES AGREEMENT CITY OF ROSEMEAD PUBLIC SAFETY BUILDING PARKING LOT — DESIGN SERVICES (HERMAN ARCHITECTS) 1. PARTIES AND DATE. This Agreement is made and entered into this Day of AM 20 TE (Effective Date) 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 Herman Architects with its principal place of business at 1725 Garden Avenue, Glendora CA 91204 ("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 professional architectural design and engineering 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 ongoing professional architectural design engineering services for the City of Rosemead Public Safety Building, parking lot ("Services") as set forth in this Agreement. 3.1 Scope of Services and Term. Herman Architects Page 2 of 19 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 design services necessary for the Project, herein referred to a "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 the Effective Date shown above to July 1, 2022, 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. 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. 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. Herman Architects Page 3 of 19 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. 3.2.5 City's Representative: The City hereby designates the City Manager, 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 Agreement. 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 Richard Herman, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her professional 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 represents 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 Herman Architects Page 4 of 19 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. 3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and in compliance with applicable local state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall indemnify and hold City,, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any liability to the extent found to be arising out of any failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B 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 Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its 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 and shall not exceed five thousand two hundred and fifty Dollars ($5,250) and in accordance with consultant's proposal dated December 17, 2021. Consultant's proposal is hereby incorporated and found in Exhibit "A". Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. Herman Architects Page 5 of 19 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 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 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 8, 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" 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 to the extent they are applicable to Consultant. 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, Herman Architects Page 6 of 19 and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ 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: Herman Architects 1725 Garden Avenue Glendale, CA 91204 Attn: Richard Herman Tel: (323) 465-7066 CITY: City of Rosemead 8838 Valley Boulevard Rosemead, CA 91770 Attn: Michael Chung, Director of Public Works Phone: (626) 569-2158 Herman Architects Page 7 of 19 Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. The Documents & Data are intended for use solely with respect to the project for which they were prepared. Any reuse or modification by City 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. Herman Architects Page 8 of 19 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 costs of such action as part of prevailing party's total damages as determined by court of competent jurisdiction or as agreed upon by the parties in settlement. 3.5.6 Indemnity and Defense. a. Indemnity and Defense To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant's duty to indemnify and hold harmless Agency shall not extend to the Agency's sole or active negligence. b. Duty to Defend In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant's cost or at Agency's option, to reimburse Agency for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency's defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. 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. Herman Architects Page 9 of 19 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 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. Herman Architects Page 10 of 19 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 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. Herman Architects Page 11 of 19 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. [Signatures on next Page] CITY OF ROSEMEAD 1� 0- na Molleda, City Manager Date Attest: 2 Zz— Ericka Hernandez, City Clerk ate Approved as to Form: z Rachel Richman Date City Attorney Herman Architects Name: Richard Herman Title: President [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Name: Title: Herman Architects Page 12 of 19 Herman Architects Page 13 of 19 EXHIBIT A SCOPE OF SERVICES/ RATE SCHEDULE Herman Architects Page 14 of 19 EXHIBIT B 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. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 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. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is Herman Architects Page 15 of 19 determined, not requiring actual payment by the insured first. There shall be no cross - liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. 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 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 Named Insured. 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. 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 (or otherwise consistent with the insurer's endorsement). 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. Herman Architects Page 16 of 19 4. 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. 5. 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. A ten (10) day notice to City shall apply to nonpayment of premiums. Consultant agrees to require its insurer to modify 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 (except Professional Liability and Workers' Compensation) 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. Herman Architects Page 17 of 19 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 self-insured 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 this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this Herman Architects Page 18 of 19 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. Herman Architects Page 19 of 19 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. HERMAN FEE PROPOSAL FOR A/E SERVICES FOR ARCHITECTS 1725 Garden AVE CITY OF ROSEMEAD PUBLIC SAFETY BUILDING Glendale, CA 91204 PARKING LOT CLIENT: CITY OF ROSEMEAD CONTACT: BEN KIM, ASSISTANT CITY MANAGER PROJECT ADDRESS: 8838 E VALLEY BLVD, ROSEMEAD, CA 91770 SCOPE OF SERVICES To redesign the recently permitted parking lot as to provide a 15 -foot clear perimeter measured perpendicular from the fence enclosing the adjacent Southern California Edison Power Lines. RSHA will provide (2) layouts and conduct (2) meetings with the City of Rosemead prior to coordination with the Civil Engineer. The permit is a revision to the existing permit and will use the previous structural engineering for the larger spanning wall. Structural Engineering will not be included in these services. The Architect will work with the City on the layout over the course of 2-4 weeks. At the conclusion of the revised layout the Architect will coordinate the changes with the Civil Engineer, Anacal Engineering, who worked on the original design. Anacal will require 2-3 weeks to update their Erosion Control Plan, Grading Plan, tabulations, and details. Once updated and reviewed by the Architect RSHA will resubmit for plan review and obtain approvals as a Change Direction by the owner to the original plans, Client is responsible to maintain access for field crews at all time; surveyor is not responsible for items missed due to site equipment, vehicles, debris, vegetation, or access limitation. PROPOSED FEE HOURLY RATE Architectural and Engineering Services: $5,250 Principal $200 Project Manager $150 Designer $85 REIMBURSABLE EXPENSES Reimbursable Expenses are in addition to compensation for Basic Architectural Design Services and Additional Services and include, but are not limited to, transportation by auto mileage expenses, messengers, postage, Title 24 calculations with estimate of such cost prior presented to client for approval, productions, plots, and consultants, if required by the Architect and approved by client. These expenses shall be billed by the Architect to the Owner at one point ten (1.10) times their actual cost. See Exhibit A/ Amendment to proposal. In the event there are additional services by our engineers, their services will be charged as a multiple of one and one-tenth times the amount billed to us for such services. This proposal is valid for 90 days. After this period is expired, we will furnish a revised proposal at your request. Respectfully Submitted: Richard Herman, AIA President RS Herman Architects Inc t: 323.465.7066 December 17, 2021 Date of Acceptance 9 City of Rosemead Public Safety Building - Parking Lot Accepted: Ben Kim, Assistant City Manager City of Rosemead Date of Acceptance E. M o a . ANICk. CIVIC PRIDE n7a, /NCORPORATE°1° PROFESSIONAL SERVICES AGREEMENT PUBLIC SAFETY BUILDING REHABILTATION (HERMAN ARCHITECTS INC) 1. PARTIES AND DATE. tn bw This Agreement is made and entered into this this Ifo day of very bef; 2019 (Effective Date) 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 Herman Architects with its principal place of business at 1725 Gardena Ave., Glendale CA 91204 ("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 professional architectural services to clients, is licenced in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to prepare bid ready construction plans, specification and cost estimate to rehabilitate (tentant improvements and adjacent new parking lot construction) the Public Safety Building ("Services") located at 3018 Charlotte Ave. and 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 Herman Architects Page 2 of 11 customary work necessary to fully and adequately supply the professional architectural services necessary for the City, herein referred to a "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 for a one (1) year time period from , 2019 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of the Agreement, and shall meet any other established shcedules and deadlines. 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. 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 tothe 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 Herman Architects Page 3 of 11 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. 3.2.5 City's Representative. The City hereby designates the City Manager, 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 Agreement. 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 will designate 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. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs Herman Architects Page 4 of 11 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: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B 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 Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed Twenty-Nine Thousand Five-Hundred Dollars ($29,500.00). Extra Work may be authorized in writing, as described below, and 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 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. 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. Herman Architects Page 5 of 11 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 8, 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" 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 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/ 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. Herman Architects Page 6 of 11 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: Herman Architects 1725 Gardena Avenue Glendale, CA 91204 Attn: Richard Herman, AIA Tel: (323) 465-7066 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents& Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Herman Architects Page 7 of 11 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 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 or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall 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. Herman Architects Page 8 of 11 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 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 Herman Architects Page 9 of 11 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 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. Herman Architects Page 10 of 11 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. [Signatures on next page] Herman Architects Page 11 of 11 CITY OF ROSEMEAD RS HERMAN ARCHITECTS INC. t By: ,..11/_ .4 ` . _ J. \2-\ e o`1 By: 11/26/19 •ria Molleda, City Manager Date Date Name: Richard Herman Attest: Title: President /2 // City Clerk__ Da e [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: 'l el ( t 1� ' � =2,//a/le Name: Rachel Richman Date City Attorney Title: EXHIBIT A PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME Attached . • A-1 4c41,› RICHARD HERMAN.AIA HERMAN JOHN HERMAN ARCHITECTS November 22,2019 Ben Kim Assistant City Manager 8838 East Valley Boulevard Rosemead,CA 91770 RE:TI project to the Rosemead Public Safety Building to develop permit ready plans with construction cost estimate Dear Mr.Ben Kim, R S Herman Architects(RSHA)is pleased to submit a proposal to the City of Rosemead to provide Architectural, Engineering,and Cost Estimating services to incorporate a Sheriff substation to the existing Public Safety Building located at 3018 Charlotte Ave. This proposal is intended to describe the services,compensation and responsibilities of the Owner and Architect, R S Herman Architects for architectural services of the proposed project.Owner and Architect will use the AIA B101-2017 document as the basis of the agreement between parties. Project Understanding:This proposal is for Architectural,Engineering,and Cost Estimating services to provide permit ready drawings with controlled cost to convert one bathroom to a public coed family bathroom,renovate the existing sheriff office,employee bathroom,CSO break and changing room,waiting area,and relocate the path of travel walkway to public right of way,and construct a new(18)stall secured parking lot for Sheriff's and Public Safety Vehicles. Firm Approach The intention of the proposed is to provide sufficient information,drawings,and documentation that the owner can use to make informed decisions as we move into construction documentation and site development.To conduct a thorough review of the site we will require an ALTA Site Survey to be provided by the owner.Please feel free to contact me should you have any questions or comments. We appreciate the opportunity and look forward to working with you on this project. Sincerely, Richard Herman,AIA President Herman Architects t:323.465.7066 e:rh@rsharch.com • .�,« City of Rosemead,Public Safety Building Tenant Improvement ' .r _ y k a g t as • ,. s 91r. J- - --- J ` — ET-,I' �- -_ -_—_ - --r ti-. �- ' _ - ,ski YlY'+ I._• _ � .:_ _ i , ,, c i r yA . �Y -' jili �s Wil l's,-7j -- _ - "4 •i - `' �' 'r 1, — -- -- :ii - ,:.�,, t., y ._.. Is.'s... _ - _ 1f ' \s.w— II - I i PacMutual Repositioning of Historic Building DESCRIPTION OF FIRM Company Information: Years in Business: R S Herman Architects Established 1989-30 Years in Business 1725 Gardena Ave Glendale,CA 91204 License Number: t:323.465-7066 www.rsharch.com California Architect License:C9727 Prime Contact: Type of Organization: Richard Herman,AIA California S Corporation#1449608 rh@rsharch.com Firm History: Firm Size RSHA was established by Richard Herman,a nationally- recognized architect with 50 plus years experience in the RSHA is a Certified Small Business with 8 employees,called profession.Richard devoted the first nineteen years of his professionals,located conveniently in Glendale,CA. architectural practice primarily to the hospitality industry. Upon establishing R.S.Herman Architects,Inc.,it was his Services goal to create a diverse project base. Although the majority of commercial projects are restaurant related,R.S.Herman • Architecture Architects has completed a variety of institutional,industrial and • Interior Design residential projects.Richard received his California registration in 1978.He also maintains registrations in Arizona,Nevada, • Master Planning and Oregon.Richard is certified by the National Council of • Land Planning Architectural Registration Boards. • Planning for Site&Building • Pre-Design&Programming • Strategic Planning • Yield Study • Design Guidelines • Project Management • Space Planning • ADA Studies/ADA Compliance City of Rosemead,Public Safety Building Tenant Improvement BASIC SERVICES CONSTRUCTION DOCUMENTS Basic Services consist of those expressly described below and Following the Owner's approval of Design Development include Architectural Services only. Documents and further adjustments in the scope or quality of the Project,or in the construction budget authorized by the STAKEHOLDER ENGAGEMENT Owner.The Architect shall prepare Construction Documents consisting of Project Manual Drawings,setting forth in detail the • Engaging Stakeholders:Our meetings will be requirements for the construction of the Work. structured as collaborative and investigative.These will explore ideas and opportunities across a variety of COST MANAGEMENT critical items,environmental and technological aspects. In a highly structured process,we will work with the With strength and experience as one of the largest student stakeholders to define priority initiatives which will be housing design-builders in Southern California,our grasp distilled into consensus-based solutions. of budgeting and cost analysis affords our team distinct • Expert Discussions:Herman Architects will identify competitive advantage.We will generate full detailed cost critical factors to faciliy optimization,and infrastructure estimates at major project milestones to confirm that the TI solutions.We are experts and experienced with the Project budget is trending in the right direction.Our estimate process on which you are about to embark and will will include a baseline cost at every tum;when items are assist in understanding the challenge to develop added to the budget,we will locate and change other items to confidence in the decision-making process, balance out the budget.Because Sierra West utilizes a systems levelestimating approach,we also provide separate estimates SCHEMATIC DESIGN for specific project areas and components.Our standard estimator tools are enhanced through the use of on-screen During the Schematic Design phase,we will meet and digitizer software for area and linear take-offs. coordinate with the City and user groups.This phase will review design options and alternatives for issues relating to Exclusions the organization of facility.We will conduct client/user group meetings to review the plansbased on the program. • Measured or as-built documentation. DESIGN DEVELOPMENT • Structural Assessment of Existing Building • Topography,boundary&and tree surveys The Architect shall prepare,for approval by the Owner,based • Hazardous material related work&abatements on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program and • Soils/Geology analysis,testing and/or engineering Project budget,Design Development Documents,consisting • Utilities services measurement and analysis of Drawings,Outline Specifications,and other documents • to fix and describe the size and character of the Work,as to CEQA related services architectural,structural,mechanical and electrical systems, • Environmental analysis&reports materials and such other elements as may be appropriate. • Professional renderings,animations&scale models fir, i c r.,i .� H r g. _..,,,,, i '"",,o, , ' "",, "-,'.."-:," Y : „E.:,-----.., -i,,,,,, ,• 'Pf:-A , ---.7'., -n "1:\;'4,./t -.-- '1' 1, r 3.a —Yr 114 t' ,t v " - ' � _' _` Vit, - r{jf1( =; �p _ - V". .'14,. -•'',-r..,„;:kk.-,..,;?"."Ni/ ', #_,-..:-. - .• ' -r pi."-;;" Q f""14150.... "`•-'2, ,, ,,,,-(4,-Im.'",11 f.,.' µ, +r...•y R.fey, ' .✓. ., -rt. ,•s-•�,$,,,. r. -., j„' '.h .,.. dr .mss + ,^"' 3 ., ,, _ ,,,,.}.= r. .^ .i -_.-. - — ", +r`,�.�., .,y. Sa t ar.', COMPENSATION AND PAYMENT I.COMPENSATION AND PAYMENT The Architect will provide Services on this Project for a stipulated sum of Thirty Ninc Thou3and Ninc Hundred($30,900.00),as set forth below,plus Reimbursable Expenses. Architectural (Herman Architects): $14,500 Mechanical,Electrical,Plumbing(IDE): $7,500 Civil&Grading(Anacal Engineering): $5,500 Cost Estimate(SierraWest)* $2,000 Total Basic Compensation: $29.500 *We will provide 2 cost estimates at 100%SD and 100%DD II.HOURLY RATES For hourly or Additional Services as agreed to by both parties,the Architect's hourly rates as of January 1,2019 are set forth below. These hourly rates are adjusted annually in accordance with normal salary review practices.The rates represent the range for professional and administrative personnel. Project-specific roles for personnel will be established with the appropriate rate. Additional or Hourly Service's Personnel Category Rate Principal $200 Project Manager $150 Job Captain $135 Architect I $120 Designer I $85 III.SCHEDULE: The following is an estimated timeframe for Design Services assuming start date on January 2020: Task Duration Stakeholder Engagement 4 weeks Schematic Design 3 weeks Design Development 3 weeks Construction Docoment 4 weeks Permitting 3 months IV.REIMBURSABLE EXPENSES Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include,but are not limited to, transportation expenses,messengers,telephone,postage,Title 24 calculations,photography,reproductions,plots,models, renderings,and consultants,if required by the Architect.These expenses shall be billed by the Architect to the Owner at one point two five(1.25)times the actual cost. City of Rosemead,Public Safety Building Tenant Improvement EXHIBIT B 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: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. C-1 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. 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. 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. 4. 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. 5. 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. C-2 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 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. C-3 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 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 C-4 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. C-5 ACORD PCERTIFICATE OF LIABILITY INSURANCE DATE(M /DDIYYYY) M 12/02/2019 PRODUCER 213.386.8500 FAX 213.383.0460 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hendricks-Hodgkiss Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0037482 HOLDER.THIS CERTIFICATE DOES NOT AMEND;EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3600 Wilshire Blvd. , Ste. 1910 Los Angeles, CA 90010-2623 INSURERS AFFORDING COVERAGE NAIC# INSURED R S Herman Architects INSURER A: Travelers Prop Cas. Co. of Ame 1725 Gardena Avenue INSURERS: Tray Prop. Cas. Co. of America Glendale, CA 91204 INSURER C: I INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN§R AOD'IJ POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MMIOD/YYYY) DATE(MM/DD/YYYY) LIMITS GENERAL LIABILITY 680-8H681724-18 03/04/2019 03/04/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO-RENY-Eb X I COMMERCIAL GENERAL LIABILITY PREMISES(Ea axurrence) $ 300,000 T I CLAIMS MADE X OCCUR MED EXP(My one person) $ 5,000 A X PERSONAL&ADV INJURY S 1,000,000 1 GENERAL AGGREGATE $ 2,000,000 GEM_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ Z,000,000 X I POLICY I PECO?- LOC ( AUTOMOBILE LIABILITY 680-811681724-18 03/04/2019 03/04/2020 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ A X SCHEDULED AUTOS (Per parson) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (S I (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S 4 ANY AUTOEA ACC $ i I OTHER THAN • AUTO ONLY: AGG S 'EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1 OCCUR I CLAIMS MADE AGGREGATE S Y_n —• $ DEDUCTIBLE $ T I RETENTION S $ WORKERS COMPENSATION UB-9K804187-19-47 05/31/2019 05/31/2020 X TORY LIMITS OER AND EMPLOYERS'LIABILITY B ANYIPPROPRIETOR/PARTNER/EXECUTIVE/ l PRTY/N E.L.EACH ACCIDENT S 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEES 1 L000,000 I1 yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT I$ 1,000,000 OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Blanket Additional Insured including, transfer of Rigths of Recovery Against others. and primary and non-contributory wording as per form CGD3 81 0915 attached. 10 day notice of cancellation for non payment of premium. Tenant Improvements, Public Safety Building - 3018 Charlotte, Avenue, Rosemead, CA. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Rosemead NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: City Manager IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 8838 East Valley Boulevard REPRESENTATIVES. 1 Rosemead, CA 91770 AUTH IZED,ItEPRESENT,TIVE IJ I 1i: � .. r I. cIzi4,.4-•17 ACORD 25(2009/01) - O 1988-2009 ACORD CPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009101) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND UV ) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then "property damage"or"personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance,provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess,contingent or organization has assumed liability in a on any other basis, that is available to the contract or agreement, additional insured for a loss we cover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and any person or organizationtpplyfor whito non-contributory basis, this insurance is primary coverage as an additional insured specifically to other insurance available to the additional added by another einsured to this insured which covers that person or organizations isCoverage Part. as a named insured for such loss, and we will not share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs; and "professional services". g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectiule otner insurance, wrretner primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 0 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: "Written contract requiring insurance" means that part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property damage" or "personal injury" arisingout of "yourprovided that the "bodily injury" and "property 9 p ! ry damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done under a "written contract requiring insurance" with caused by an offense committed: that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage"occurs, or the"personal injury" offense is committed. Page 2 of 2 ©2015 The Travelers Indemnity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission ACORDra CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DO/YM) 12/02/2019 PRODUCER 213.386.8500 FAX 213.383.0460 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hendricks-Hodgki ss Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0037482 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3600 Wilshire Blvd. , Ste. 1910 Los Angeles, CA 90010-2623 INSURERS AFFORDING COVERAGE NAIC# INSURED R S Herman Architects INSURER A: Travelers Cas. & Sur Co. of Am 1725 Gardena Avenue INSURER B: Glendale, CA 91204 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED.HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE IMM/DDIYYYY) DATE(MM/OD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY ILA TO RENTED PREMISES(Ea occurrence) $ CLAIMS MADE J OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY I$ GENERAL AGGREGATE I$ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO I$ PRO- POLICY JECT LOG AUTOMOBILE LIABILITY I• ANY AUTO (Ea NED acct ident)INGLE LIMIT $ ALL.OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS — BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT $ 1 — ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ I OCCUR CLAIMS MADE • AGGREGATE S S DEDUCTIBLE S I RETENTION $ $ WORKERS COMPENSATION WC STATU- 0TH• AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER. ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? . (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ S as,describe under E.L.DISEASE-POLICY LIMIT S SPECIAL PROVISIONS below OTHER 105452613 05/31/2019 05/31/2020 $1,000,000. Each Occurrence an Errors & Omissions • AI $2g9 g,000,000. a re ate limit DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS tenant Improvements, Public Safety Building - 3018 Charlotte Avenue, Rosemead, CA. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Rosemead IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 8838 East Valley Boulevard REPRESENTATIVES. Rosemead, CA 91770 AUTHgRazDrR,EP NTAT)VE / ACORD 25(2009101) ©1988-2009 ACORD COR'ORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) , E M F Admin. Policy #50-01 4t 7 PRICING QUOTE WRATED Vendor/Contractor #1 #2 #3 Use for Purchases z$1,000 Company Name: Herman Arch. JWDA Architects CMC Architects 8932 E. Mission 9040 Testar Ave Location: 9040 Telstar Rosemead, CA El Monte, CA 91770 91731 Phone: 323-465-7066 626-288-9199 626-569-1810 Stanley Tsai n/a Contact: Richard Herman (declined. no (declined. no public project) response) Date Contacted: 11/12/19 11/12/19 11/12/19 Time Contacted: Qty Product/Service Price 1 Construction plans, docs and estimate $29,500.00 $0.00 $0.00 VENDOR/CONTRACTOR RECOMMENDED: #1 Supplies/Equipment—If the low bidder is not recommended, give the reason(s) below: r • Reason low bidder was not recommended: • Additional Information: Contact#2 declined, and no response from #3. Work is professional services to prepare plans, docs. and construction cost estimate for the Public Safety Building TI and parking lot construction for a Sheriff's Substation Project. Services—Attach a summary of qualifications of person/firm selected. ADDITIONAL DOCUMENTATION REQUIRED (applicable to type of purchase): Supplies/Equipment $1,000-$10,000 Vendor Agreement or Letter of Agreement(Product) required. $10,000 -$25,000 Letter of Agreement(Product) required. Services (excluding Professional Services) $1,000-$10,000 Vendor Agreement or Letter of Agreement(Services) required. $10,000-$25,000 Letter of Agreement(Services) required. J; . • 1 2cp c/ e4//Y ut orized ignature Date Department/Divisio • Signature Date Revised 02/08 E:\Dropbox\Dropbox\w-ADMINISTRATION\Public Safety Center Rehab\PSA Price Quote.dot 1c)i)t` RICHARD HERMAN,MA HERMAN JOHN HERMAN ARCHITECTS November 22,2019 Ben Kim Assistant City Manager 8838 East Valley Boulevard Rosemead,CA 91770 RE:TI project to the Rosemead Public Safety Building to develop permit ready plans with construction cost estimate Dear Mr.Ben Kim, R S Herman Architects(RSHA)is pleased to submit a proposal to the City of Rosemead to provide Architectural, Engineering,and Cost Estimating services to incorporate a Sheriff substation to the existing Public Safety Building located at 3018 Charlotte Ave. This proposal is intended to describe the services,compensation and responsibilities of the Owner and Architect, R S Herman Architects for architectural services of the proposed project.Owner and Architect will use the AIA B101-2017 document as the basis of the agreement between parties. Project Understanding:This proposal is for Architectural,Engineering,and Cost Estimating services to provide permit ready drawings with controlled cost to convert one bathroom to a public coed family bathroom,renovate the existing sheriff office,employee bathroom,CSO break and changing room,waiting area,and relocate the path of travel walkway to public right of way,and construct a new(18)stall secured parking lot for Sheriff's and Public Safety Vehicles. Firm Approach The intention of the proposed is to provide sufficient information,drawings,and documentation that the owner can use to make informed decisions as we move into construction documentation and site development.To conduct a thorough review of the site we will require an ALTA Site Survey to be provided by the owner.Please feel free to contact me should you have any questions or comments. We appreciate the opportunity and look forward to working with you on this project. Sincerely, Richard Herman,AIA President Herman Architects t:323.465.7066 e:rh@rsharch.com • City of Rosemead,Public Safety Building Tenant Improvement F , e e ,a ° ° P ..,: ::,4..,..— �e a' ' — ' ' ' ' ' '°.°°'- ' ' . ° '.,.t '.y v a c . • Ao; y� ...ora ,. ie; inrw...,,: "41'47(' uo,.., „:„,,,.,: ;, _ 24 —""--%'S '4-'1—* � � ase r '� °l aue Y m ^ � M1 ': 's :::::74,'C'7° �y �s8 4'a-- a'° . ma' _ =:i ? .. ^ a 9 ° ° ° am'a�w ° • ,m g ' =. �� PacMutual RepositfibnfigofH.istofic Building., DESCRIPTION OF FIRM Company Information: Years in Business: R S Herman Architects Established 1989-30 Years in Business 1725 Gardena Ave Glendale,CA 91204 License Number: t:323.465-7066 www.rsharch.com California Architect License:C9727 Prime Contact: Type of Orga Richard Herman,AIA California S Corporation#1449608nization: rh@rsharch.com Firm History: Firm Size RSHA was established by Richard Herman,,nationally , recognized architect with 50 plus years experience in the RSHA is a Certified Small Business with 8 employees,called profession.Richard devoted the first nineteen years of his professionals,located conveniently in Glendale,CA° architectural practice primarily to the hospitality industry. Upon establishing R°S°Herman Architects, Inc°,it was his Services goal to create a diverse project base° Although the majority of commercial projects are restaurant related,R.S.Herman ▪ Architecture Architects has completed a variety of institutional,industrial and ® Interior Design residential projects.Richard received his California registration in 1978°He also maintains registrations in Arizona,Nevada, ® Master Planning and Oregon.Richard is certified by the National Council of • Land Planning Architectural Registration Boards. • Planning for Site&Building ® Pre-Design&Programming ® Strategic Planning • Yield Study • Design Guidelines • Project Management • Space Planning • ADA Studies/ADA Compliance City of Rosemead,Public Safety Building Tenant Improvement BASIC SERVICES CONSTRUCTION DOCUMENTS Basic Services consist of those expressly described below and Following the Owner's approval of Design Development include Architectural Services only. Documents and further adjustments in the scope or quality of the Project,or in the construction budget authorized by the STAKEHOLDER ENGAGEMENT Owner.The Architect shall prepare Construction Documents consisting of Project Manual Drawings,setting forth in detail the ® Engaging Stakeholders:Our meetings will be requirements for the construction of the Work. structured as collaborative and investigative.These will explore ideas and opportunities across a variety of COST MANAGEMENT critical items,environmental and technological aspects. In a highly structured process,we will work with the With strength and experience as one of the largest student stakeholders to define priority initiatives which will be housing design-builders in Southern California,our grasp distilled into consensus-based solutions. of budgeting and cost analysis affords our team distinct ® Expert Discussions:Herman Architects will identify competitive advantage.We will generate full detailed cost critical factors to faciliy optimization,and infrastructure estimates at major project milestones toi confirm that the TI solutions.We are experts and experienced with the Project budget is trending in the right direction.Our estimate process on which you are about to embark and will will include a baseline cost at every turn;when items are assist in understanding the challenge to develop added to the budget,we will locate and change other items to confidence in the decision-making process. balance out the budget.Because Sierra West utilizes a systems levelestimating approach,we also provide separate estimates SCHEMATIC DESIGN for specific project areas and components.Our standard During the Schematic Design phase,we will meet and estimator tools are enhanced through the use of on-screen digitizer software for area and linear take-offs. coordinate with the City and user groups.This phase will review design options and alternatives for issues relating to Exclusions the organization of facility.We will conduct client/user group meetings to review the plansbased on the program. ▪ Measured oras built documentation. DESIGN DEVELOPMENT ° Structural Assessment of Existing Building ® Topography,boundary&and tree surveys The Architect shall prepare,for approval by the Owner,based m Hazardous material related work&abatements on the approved Schematic Design Documents and any d ° Soils/Geology analysis,testing and/or engineering adjustments authorized by the Owner in the program an Project budget,Design Development Documents,consisting ® Utilities services measurement and analysis of Drawings,Outline Specifications,and other documents to fix and describe the size and character of the Work,as to ▪ CEQA related services architectural,structural,mechanical and electrical systems, • Environmental analysis&reports materials and such other elements as may be appropriate. . Professional renderings,animations&scale models �1 ,,,,,,,,,,m. ..":-';-,72:15:7774 i ' � � �anew E F A.am � , yw P�R E� �� � $aW P 141.1.,''..A‘ 4R s . x �P " � � - , e �..� '., � t '� * ,fist/ . t, d?. l'i a r is E � K JE 8 i 1'4 44471101"00,. ,." ," m ,fig'' q 't n ,, , ,, ' or' ,3 ° E �E r;R: h� f ;to t...'. " .°:r..11tie v.1'. 't 1: '''i '' .41' - -.. 74::1-2:. ra a X *:. _ , ,.'4 v�" 4 a . e ° �, t ., �.* r .. y !,:f.,74".5 a gyp-, , -t--4 ,. ' �. a a " a a r6 sic ` y4044,, g ba ' ' "',.. t ., a .w,4 - R ' --,',::,,;,,,44,,,,r-- ; F .,i,'„,,,,4,-.1,4„s �,. p,. s _a k ;:',:.'",7'7 -,7c:','":*,,, m ate �, .i a2 .,, . ;;:,,s.. . .' 1 . .,n -a 1 . r a n nes ' P'iikt.� t �,..-' ' ::--:42,..::.:,,-: � �'"�` �S .,� Eke �� g� e vA;' Aga g''. " ,;� ..-, °:' 44,r;,33:-;„ '` x k � :r �'.� z A . ,��� Utz n 3� ,:. $ af °"' L- t '..1* gw t ;{r' S "i.� &%....,:;-,--' „•x `-” tea f i' ',.-`" m;" 1 k y "`,v'a k ; 5 a , °° �xk �,, iced£, r� "o e ° -4 s'-:•; -tea gy ::::;:1;.:'-'7,:-413:3:1‘5";°7%;-:, z � � g -�a� COMPENSATION AND Y T I.COMPENSATION AND PAYMENT The Architect will provide Services on this Project for a stipulated sum of Thirty-Nine Thousand Nine Hundred($39,900.00),as set forth below,plus Reimbursable Expenses. Architectural (Herman Architects): $14,500 • Mechanical,Electrical,Plumbing(IDE): $7,500 Civil&Grading(Anacal Engineering): $5,500 Cost Estimate(SierraWest)* $2,000 Total Basic Compensation: $29,500 *We will provide 2 cost estimates at 100%SD and 100%DD ' II.HOURLY RATES For hourly or Additional Services as agreed to by both parties,the Architect's hourly rates as of January 1,2019 are set forth below. These hourly rates are adjusted annually in accordance with normal salary review practices.The rates represent the range for professional and administrative personnel. Project-specific roles for personnel will be established with the appropriate rate. =77s '‘ •Y 0,Fad �. *� � s �> a°a V� 4 5° � r�, ��'�j dr) odor y Servicesa�t sfl tr eI ategory web er; 74 Principal $200 Project Manager $150 Job Captain $135 Architect I $120 Designer I I $85 III.SCHEDULE: The following is an estimated timeframe for Design Services assuming start date on January 2020: 1 •• mp n h p 3 .ee: i j,,am a+ .asp-'s P :- •� ,s #r47p, ws dti i tri_ i w �j x ri1.,a ;a Stakeholder Engagement 4 weeks Schematic Design I 3 weeks Design Development 3 weeks Construction Docoment 4 weeks Permitting 3 months IV.REIMBURSABLE EXPENSES Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include,but are not limited to, transportation expenses,messengers,telephone,postage,Title 24 calculations,photography,reproductions,plots,models, renderings,and consultants,if required by the Architect.These expenses shall be billed by the Architect to the Owner at one point two five(1.25)times the actual cost. -Aps" City of Rosemead,Public Safety Building Tenant Improvement