HomeMy WebLinkAboutE-10 Staff Report - PSA - Studio T-SQ2, Inc.CONSENT ITEM
E-10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR
DATE: APRIL 20, 2020
SUBJECT: REQUEST TO APPROVE PROFESSIONAL SERVICES AGREEMENT WITH
STUDIO T-SQ2, INC. TO PROVIDE ARCHITECTURAL SERVICES FOR THE
PROMENADE AT CITRUS (890 THE PROMENADE)
BACKGROUND:
On July 22, 2019 the City received a Letter of Intent to lease The Promenade at Citrus from Los Angeles
County Metropolitan Transportation Authority. The tenant is proposing to use the premise for a System
Security and Law Enforcement office to support the Gold Line. The tenant requested the City build-to-
suit the premise per a mutually agreed upon space plan. This action approves a Professional Services
Agreement with Studio T-SQ2, Inc. in the amount not to exceed $160,050 which includes a 10%
contingency.
RECOMMENDATIONS:
Staff recommends that the City Council take the following actions:
1)Waive the purchasing procedures as authorized under Azusa Municipal Code Section 2-539; and
2)Approve Professional Services Agreement with Studio T-SQ2, Inc. in an amount not to exceed
$160,050; and
3)Authorize the City Manager to execute the agreement, in substantial form, subject to minor
modifications acceptable to the City Attorney, on behalf of the City.
ANALYSIS:
The Promenade at Citrus (890 The Promenade) is a ±8,250 SF commercial retail center owned by the
City. The City’s primary interest is to lease the commercial space to continue growing a diverse and
stable economic base that supports ongoing City services and programs. On July 22, 2019 the City
received a Letter of Intent to lease The Promenade at Citrus from Los Angeles County Metropolitan
Transportation Authority. The tenant is proposing to use the premises for a System Security and Law
APPROVED
CITY COUNCIL
4/20/2020
Approve Professional Services Agreement with Studio T-SQ2 Inc.
April 20, 2020
Page 2
Enforcement office to support the Gold Line. The tenant requested the City build-to-suit the premises
per a mutually agreed upon space plan.
After engaging in further conversations with the tenant, and in order to be responsive to their tenant
improvement requests, the City subsequently executed a Letter Agreement with Studio T-SQ2 Inc. to
prepare a CAD/Revit Site Plan and assist the City in making revisions following conversations with the
tenant. The City has made progress in the negotiations with the tenant and is on track to securing a lease
agreement. The lease agreement will be placed on a future City Council agenda. In an effort to continue
making progress, Staff recommends the City Council approve a Professional Services Agreement with
Studio T-SQ2 Inc. to develop a non-structural, interior design package including drawings and finish
selections for Metro’s System Security and Law Enforcement offices.
Under Section 2-539 of the Azusa Municipal Code, the City Council at its discretion may waive the
purchasing procedures to fit a specific purchase or contract. Professional management and special
services as defined in the Municipal Code include work performed by architects and are not subject to
the informal, formal or competitive bidding requirements and may be procured through negotiated
contract.
Studio T-SQ2 Inc. served as the architect firm who designed the original building structure. They have
an adequate level of experience required to draft the plans and respond to requests of the tenant on
behalf of the City. It is in the City’s benefit to contract with Studio T-SQ2 Inc. than to obtain the service
at the lowest cost to the City given they have the necessary background information of the building.
Staff believes that the Azusa Municipal Code Section 2-539 is applicable and recommends the
purchasing procedures be waived.
FISCAL IMPACT:
The fiscal impact associated with the recommended actions is $160,050 which includes a 10%
contingency. Funding for $130,000 of the recommended actions are included in the FY 19/20 approved
Economic and Community Development – Real Estate Development approved budget under account
number 10-35-645-000-6399. The Department will not need the balance of $30,050 until FY 20/21 and
will request the funds through the FY 20/21 budget approval process. The City anticipates it will recover
costs associated with tenant improvements that are above the City’s agreed upon contributions. The
lease revenues will be tracked and received under account 10-35-645-000-4412.
Prepared by: Reviewed and Approved:
Carina Campos Matt Marquez
Economic Development Specialist Director of Economic and Community
Development
Fiscal Impact Reviewed by: Reviewed and Approved:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachment:
1) Professional Services Agreement – Studio T-SQ2, Inc.
8513273_1
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1.PARTIES AND DATE.
This Agreement is made and entered into this ____ day of ________________, 2020 by
and between the City of Azusa, a municipal corporation organized under the laws of the State of
California with its principal place of business at 213 East Foothill Boulevard, Azusa, California
91702 (“City”) and STUDIO T-SQ2, INC., a CORPORATION with its principal place of business at
115 PINE AVENUE, SUITE 425 LONG BEACH, CA 90802 (“Consultant”). City and Consultant are
sometimes individually referred to herein as “Party” and collectively as “Parties.”
2.RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing ARCHITECTURAL DRAWING services to
public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the THE PROMENADE AT
CITRUS (890 THE PROMEANDE) MTA TENANT IMPROVEMENT CONCEPT project (“Project”) as set
forth in this Agreement.
3.TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional ARCHITECTURAL DRAWING consulting
services necessary for the Project (“Services”). The Services are more particularly described in
Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject
to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The term of this Agreement shall be from APRIL 20, 2020 to APRIL
30, 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.
The Parties may, by mutual written consent, extend the term of this Agreement if necessary to
complete the Services.
Attachment 1
PROFESSIONAL SERVICE AGREEMENT - STUDIO T-SQ2, INC.
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3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on behalf
of Consultant shall also not be employees of City and shall at all times be under Consultant’s
exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance of Services under this Agreement and as
required by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit “A” attached hereto and incorporated herein by reference. Consultant represents that it
has the professional and technical personnel required to perform the Services in conformance with
such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall
respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall
provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
Notwithstanding the foregoing, City agrees that the Consultant is not responsible for damages
arising directly or indirectly from any delays for causes beyond the Consultant's control. For
purposes of this Agreement, such causes include, but are not limited to, strikes or other labor
disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or
other emergencies; failure of any government agency to act in timely manner; failure of
performance by City or City's contractors or Consultants; or discovery of any hazardous substances
or differing site conditions.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should one
or more of such personnel become unavailable, Consultant may substitute other personnel of at
least equal competence upon written approval of City. In the event that City and Consultant cannot
agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for
cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner
acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project or a threat to the safety of persons or
property, shall be promptly removed from the Project by the Consultant at the request of the City.
The key personnel for performance of this Agreement are as follows:
JOHN L. WALDRON, AIA, PRINCIPAL
JULIE WALDRON, SENIOR DESIGNER
PROFESSIONAL SERVICE AGREEMENT - STUDIO T-SQ2, INC.
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STUDIO DIRECTOR
PROJECT ARCHITECT
SENIOR DESIGNER/JOB CAPTAIN
DESIGNER 1
DESIGNER 2
3.2.5 City’s Representative. The City hereby designates the CITY MANAGER OR
THE DIRECTOR OF ECNONOMIC AND COMMUNITY DEVELOPMENT, or his or her designee, to act as
its representative for the performance of this Agreement (“City’s Representative”). City’s
Representative shall have the power to act on behalf of the City for all purposes under this Contract.
Consultant shall not accept direction or orders from any person other than the City’s
Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates JOHN
WALDRON, AIA, PRINCIPAL, 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 best skill
and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff
in the performance of Services and shall be available to City’s staff, consultants and other staff at
all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subcontractors shall
have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including a City
Business License, and that such licenses and approvals shall be maintained throughout the term of
this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant’s failure to - comply
with the standard of care provided for herein. Any employee of the Consultant or its sub-
consultants who is determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be
promptly removed from the Project by the Consultant and shall not be re-employed to perform any
of the Services or to work on the Project.
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3.2.9 Period of Performance. Consultant shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or
Project milestones described in Exhibits “A” attached hereto, or which may be separately agreed
upon in writing by the City and Consultant (“Performance Milestones”).
3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for
all violations of such laws and regulations in connection with Services. If the Consultant performs
any work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant
shall 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.
3.2.10.1 Employment Eligibility; Consultant. By executing this
Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state
and federal law respecting the employment of undocumented aliens, including, but not limited to,
the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such
requirements and restrictions include, but are not limited to, examination and retention of
documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5)
years immediately preceding the date of execution of this Agreement, and shall not violate any
such law at any time during the term of the Agreement. Consultant shall avoid any violation of
any such law during the term of this Agreement by participating in an electronic verification of
work authorization program operated by the United States Department of Homeland Security, by
participating in an equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, or by some
other legally acceptable method. Consultant shall maintain records of each such verification, and
shall make them available to the City or its representatives for inspection and copy at any time
during normal business hours. The City shall not be responsible for any costs or expenses related
to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-
sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub-
subcontractors and Subconsultants. To the same extent and under the same conditions as
Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and
subconsultants performing any work relating to the Project or this Agreement to make the same
verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer
of Consultant, and understands that any of the following shall be grounds for the City to terminate
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the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-
subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1
or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such
requirements (including in those verifications provided to the Consultant under Section 3.2.10.2);
or (3) failure to immediately remove from the Project any person found not to be in compliance
with such requirements.
3.2.10.4 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 Workers’ 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.
3.2.10.5 Equal Opportunity Employment. Consultant represents that
it is an equal opportunity employer and it shall not discriminate against any subconsultant,
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.
3.2.10.6 Air Quality. To the extent applicable, Consultant must fully
comply with all applicable laws, rules and regulations in furnishing or using equipment and/or
providing services, including, but not limited to, emissions limits and permitting requirements
imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air
Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more
broad, Consultant shall specifically be aware of their application to "portable equipment", which
definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-
powered engine.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Consultant’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency, the State Water Resources Control
Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating
discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any
such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne
Water Quality Control Act, to any ground or surface water in the State.
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(B) Liability for Non-compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and
against any and all fines, penalties, claims or other regulatory requirements imposed as a result of
Consultant’s non-compliance with the laws, regulations and policies described in this Section,
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Consultant represents that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in this
Section. Consultant further represents that it, its employees and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations and
policies described in this Section as they may relate to the Services provided under this Agreement.
Upon request, City will provide Consultant with a list of training programs that meet the
requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence
Services under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory to
the City that the subcontractor has secured all insurance required under this section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum levels
of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto) or,
if Consultant does not own or lease autos, Hired and Non-Owned Automobile Liability shall be
accepted (codes 8,9); and (3) Workers’ Compensation and Employer’s Liability: Workers’
Compensation insurance as required by the State of California and Employer’s Liability Insurance.
The policy shall not contain any exclusion contrary to the Agreement, including but not limited to
endorsements or provisions limiting coverage for (1) contractual liability (including but not limited
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to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate
limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice
the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’
Compensation limits as required by the Labor Code of the State of California. Employer’s
Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid
in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled
or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through another insurance company
or companies. In the event any policy of insurance required under this Agreement does not comply
with these specifications or is canceled and not replaced, the City has the right but not the duty to
obtain the insurance it deems necessary and any premium paid by the City will be promptly
reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from
Consultant payments. In the alternative, the City may suspend or terminate this Agreement.
3.2.11.3 Professional Liability. Professional Liability insurance or Errors & Omissions
insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered
professional services shall specifically include all work to be performed under the Agreement
and delete any exclusions that may potentially affect the work to be performed (for example, any
exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory
analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall
precede the effective date of the initial Agreement and continuous coverage will be maintained
or an extended reporting period will be exercised for a period of at least five (5) years from
termination or expiration of this Agreement.
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day
written notice of cancellation has been served upon the City except ten (10) days shall be
allowed for non-payment of premium. The policy must “pay on behalf of” the insured and
include a provision establishing the insurer’s duty to defend the Named Insured.
3.2.11.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
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(A) General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements
providing the exact same coverage, the City of Azusa, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insured with respect to the Services or ongoing
and complete operations performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements
providing the exact same coverage, the insurance coverage shall be primary insurance as respects
the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand
in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any
excess insurance shall contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-
insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be
excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance
proceeds in excess of the specified minimum limits of coverage shall be available to the parties
required to be named as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess
of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained
by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of
the Consultant’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance
proceeds in excess of the specified minimum limits of coverage shall be available to the parties
required to be named as additional insureds pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employers’ Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be or canceled except after thirty
(30) days (10 days for nonpayment of premium) prior written notice by U.S. First Class mail, has
been given to the City; and (B) any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the City, its
directors, officials, officers, employees, agents and volunteers. Any failure to comply with
reporting or other provisions of the policies including breaches of warranties shall not affect
coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other
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additional insureds. A ten (10) day written notice to City shall apply to non-payment of premium.
Consultant shall provide thirty (30) days written notice to City prior to implementation of a
reduction of limits or material change of insurance coverage as specified herein.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials,
officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically
allow Consultant or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, its officials, officers, employees, agents, and volunteers, or any other additional
insureds, and shall require similar written express waivers and insurance clauses from each of its
subconsultants.
3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles
or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its directors, officials, officers, employees, agents and
volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not
allow any subconsultants to commence work on any subcontract relating to the work under the
Agreement until they have provided evidence satisfactory to the City that they have secured all
insurance required under this Section. If requested by Consultant, the City may approve different
scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City
shall be named as additional insureds on all subconsultants’ policies of Commercial General
Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California,
and satisfactory to the City.
3.2.11.9 Verification of Coverage. Consultant shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement
on forms satisfactory to the City. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be
on forms provided by the City if requested. All certificates and endorsements must be received
and approved by the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
3.2.11.9 Reporting of Claims. Consultant shall report to the City, in
addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in
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connection with the Services under this Agreement.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Consultant shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the work
and the conditions under which the work is to be performed. Safety precautions as applicable shall
include, but shall not be limited to: (A) adequate life protection and life saving equipment and
procedures; (B) instructions in accident prevention for all employees and subcontractors, such as
safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the
proper inspection and maintenance of all safety measures.
3.2.13 Accounting Records. 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.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit “A” attached hereto and incorporated herein by reference. The total compensation shall
not exceed ONE HUNDRED FOURTY-FIVE THOUSAND FIVE HUNDRED AND ZERO CENTS ($145,500)
without written approval of the City Council. Extra Work may be authorized, as described below,
and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by Consultant.
The statement shall describe the amount of Services and supplies provided since the initial
commencement date, or since the start of the subsequent billing periods, as appropriate, through
the date of the statement. City shall, within 45 days of receiving such statement, review the
statement and pay all approved charges thereon.
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
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shall not perform, nor be compensated for, Extra Work without written authorization from City’s
Representative. If any Extra Work, including changes or modifications to Consultant’s scope of
services are proposed by City, Consultant shall, upon receipt of such written request to perform
Extra Work, determine the impact on both time and compensation and notify City in writing. Upon
agreement between City and Consultant as to the extent of said impacts to time and compensation,
an amendment to this agreement shall be prepared describing such Extra Work. Execution of the
amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the
Extra Work.
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 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall
provide Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services available
to interested parties upon request, and shall post copies at the Consultant’s principal place of
business and at the project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Termination of Agreement.
3.4.1 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.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Consultant to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Consultant in connection with the performance of Services
under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 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 Ownership of Materials and Confidentiality.
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3.5.1 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”). All Documents & Data shall be and
remain the property of City, and shall not be used in whole or in substantial part by Consultant on
other projects without the City's express written permission. Within thirty (30) days following the
completion, suspension, abandonment or termination of this Agreement, Consultant shall provide
to City reproducible copies of all Documents & Data, in a form and amount required by City.
However, prior to any ownership of the Documents & Data vesting with the City, the City shall
have paid the consultant the full amount due under this Agreement as well as any additional costs
associated with copying and transferring the data. The City shall indemnify the consultant for any
reuse/modifications made without the Consultants’ written authorization. City reserves the right
to select the method of document reproduction and to establish where the reproduction will be
accomplished. The reproduction expense shall be borne by City at the actual cost of duplication.
In the event of a dispute regarding the amount of compensation to which the Consultant is entitled
under the termination provisions of this Agreement, Consultant shall provide all Documents &
Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or
fail to provide to City any such documents pending resolution of the dispute. In addition,
Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years
following completion of the Project, and shall make copies available to City upon the payment of
actual reasonable duplication costs. Before destroying the Documents & Data following this
retention period, Consultant shall make a reasonable effort to notify City and provide City with
the opportunity to obtain the documents.
3.5.2 Subcontractors. 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 its subcontractors, or those provided to Consultant by the
City.
3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the
Documents and Data or any part of them at any time for purposes of this Project or another project,
provided that any such use not within the purposes intended by this Agreement or on a project
other than this Project without employing the services of Consultant shall be at City’s sole risk. If
City uses or reuses the Documents & Data on any project other than this Project, it shall remove
the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant
and its officers, directors, agents and employees from claims arising out of the negligent use or re-
use of the Documents & Data on such other project. Consultant shall be responsible and liable for
its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition
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of the Documents & Data at the time they are provided to the City upon completion, suspension,
abandonment or termination. Consultant shall not be responsible or liable for any revisions to the
Documents & Data made by any party other than Consultant, a party for whom the Consultant is
legally responsible or liable, or anyone approved by the Consultant.
3.5.4 Confidentiality. All Documents & Data either provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. All
Documents & Data shall not, without the prior written consent of City, be used or reproduced by
Consultant for any purposes other than the performance of the Services. Consultant shall not
disclose, cause or facilitate the disclosure of the Documents & Data 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. Notwithstanding the foregoing, Consultant shall not be restricted
from disclosing confidential information that is reasonably necessary for Consultant to disclose to
Consultant's employees, subconsultants and the general contractor and subcontractors, if
appropriate, or information in whatever form that is in the public domain. Nor shall Consultant be
restricted from giving notices required by law or complying with an order to provide information
or data when such an order is issued by a court, administrative agency or other legitimate authority,
or if disclosure is reasonably necessary for Consultant to defend itself from any legal act
3.6 General Provisions.
3.6.1 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:
Studio T-SQ2, Inc.
115 Pine Avenue, Suite 425
Long Beach, CA 90802
Attn: John L. Waldron, AIA
City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
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.
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3.6.2 Indemnification.
3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Consultant shall defend (with counsel of City’s choosing), 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 of any kind, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance of
the Consultant’s Services, the Project or this Agreement, including without limitation the payment
of all damages, expert witness fees and attorney’s fees and other related costs and expenses except
such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's
obligation to indemnify shall survive expiration or termination of this Agreement and shall not be
restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers,
employees, agents, or volunteers.
3.6.2.2 Duty to Defend. If Consultant’s obligation to defend, indemnify, and/or hold harmless
arises out of Consultant’s performance as a “design professional” (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to
claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct
of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the
Consultant’s proportionate percentage of fault.
3.6.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Consultant must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent
lawsuit based upon the Government Code claims shall be limited to those matters that remain
unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed
conditions have been followed by Consultant. If no such Government Code claim is submitted, or
if any prerequisite contractual requirements are not otherwise satisfied as specified herein,
Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
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3.6.6 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.6.7 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.
3.6.8 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.
3.6.9 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.10 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.
3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.6.12 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.
3.6.13 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
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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.
3.6.14 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.
3.6.15 Attorney’s Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorney’s fees and all other costs of such action.
3.6.16 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.
3.6.17 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.18 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.
[SIGNATURES ON NEXT PAGE]
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CITY OF AZUSA
STUDIO T-SQ2, INC.
By: _________________________________
By:__________________________________
Mayor John L. Waldron
Principal
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary,
AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
Attest:
By:__________________________________
____________________________________ (Name)
City clerk
(Title)
Approved as to form:
Best Best & Krieger LLP
_____________________________________
City Attorney
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EXHIBIT “A”
SCOPE OF SERVICES
[INSERT SCOPE]
Studio T-SQ2, Inc.
115 Pine Avenue, Suite 425 Long Beach Ca. 90802 Phone: (562) 436-3624
Exhibit A
AUTHORIZATION FOR PROFESSIONAL SERVICES
PROJECT: The Promenade at Citrus Azusa, CA CLIENT: City of Azusa
MTA Tenant Improvement Concept Plan Sergio Gonzalez, City Manager
213 E. Foothill Blvd.
Azusa CA, 91702
PROJECT NO: A-2020-xxx ATTENTION: Sergio Gonzalez
DATE: April 20, 2020 p: (626) 812-5238
sergio.gonzalez@azuzaca.gov
____________________________________________________________________________________________________
1. SCOPE OF SERVICES
Per client’s request and directive, Studio T-SQ2, Inc. will develop the following:
The Architect and their Consultants shall provide the construction plans specification to competitively bid
and construct the non-structural Tenant Improvements for the LA Metro Security Services Office at The
Promenade at Citrus, 890 The Promenade, Azusa CA. This Work by the Architect and their Consultants
shall include required modifications to the existing Building Shell and Plumbing, Mechanical, Electrical,
and Fire Protection Systems. The plan will be in substantial conformance with the conceptual space plan
dated 12-20-2019. Construction Documents shall include the following:
1. Demolition Plan
2. Site Plan including locations of Fences and Gates
3. Partition Plan including appliance / plumbing fixture specifications
4. Finish Plans
5. Furniture Fixture, and Equipment Plan and Specifications
6. Reflected Ceiling Plan
7. Toilet and Locker Room Plans and Details and Interior Elevations
8. Modifications to Exterior Elevations
9. Wall Sections and Details
10. Electrical Power, Signal and Communications Plans
11. Mechanical, Electrical & Plumbing and Title 24 Plans and Specifications
12. Emergency Generator Sizing and Specifications
13. Fire Alarm and Fire Sprinkler Plans
14. Specifications Booklet (as an additional service if required)
Work not in the Scope of Services includes:
1. Structural Engineering
2. Civil Engineering
3. Landscaping Plans and Irrigation Plans
4. Selection of Telephone and Computer Equipment
5. Any Air or Water Quality Management or Compliance Issues
Phasing of the Services
The Architect and their Consultants shall prepare plans and specifications identified above in the following
phases:
1. Schematic Space Plan Design & Elevations only.
2. Design Development
3. Construction Documents
4. Plan Check Revisions
5. Final Bid Documents
At the end of each Phase the Construction Manager will issue an approval of the plans and issue a Notice to
Proceed with the next Phase prior to the Architect initiating work with that next Phase.
Bidding Phase Services
The Architect and Their Consultants shall assist the Construction Manager during the Bidding Phase of the
Project by attending the pre-bid conference and provide responses to questions from bidders in a timely
manner as requested by the Construction Manager.
Construction Administration Phase Services
The Architect and their Consultants shall provide Construction Administration Services during the
Construction Phase of the Project. These Services will include responding to Requests for Information and
Requests for Clarification of Plans and Specifications, review of Shop Drawings and Submittals, Site
Observation visits as requested by the Construction Manager, periodic attendance at construction team
meetings as requested by the Construction Manager, and preparation of a punch list of deficiencies at
substantial completion.
2. ARCHITECT’S COMPENSATION
Schematic Design Fixed Fee $ 5,000
Design Development Fixed Fee $15,500
Construction Documents Fixed Fee $15,500
Plan Check Fixed Fee $ 5,000
Materteral Selection, Meetings & Coordination T&M Fee $20,000 Allotment
FF&E Specifications / Budget T&M Fee $20,000 Allotment
Bidding and Pre-Construction RIF’s T&M Fee $ 5,000 Allotment
Construction Administration T&M Fee $ 5,000 Allotment
Site Visits Allotment $ 2,000 $1,000 per visit
Sub-Total $93,000
Mechanical Fixed Fee $ 7,500
Electrical Fixed Fee $ 8,000
Plumbing Fixed Fee $ 9,800
Lighting Fixed Fee $ 6,300
Title 24 Fixed Fee $ 2,900
Site Visits Allotment $ 3,000 $1,000 per visit per discipline
Fire Protection Fixed Fee $ 7,500 Estimate
Sprinkler Design Fixed Fee $ 7,500 Estimate
Sub-Total $52,500
Total $145,500
Additional Service Book
Specification (if required) T&M Fee $ 15,000 Estimate
3. PAYMENT FOR SERVICES
Billing for professional services costs will be on a Fixed Fee or Time and Materials basis against the above total
fees and allotments. T&M will be based on the attached hourly rates. T&M allotments are not a guaranteed
maximum but will not be exceeded without the client’s prior authorization.
Reimbursables will be billed at cost as additional expense, cost not to exceed $2,500.00 without prior
authorization.
Payments will be due upon invoice and late after 30 days.
If payment becomes more than sixty (60) days past due, all work on the project may be suspended until full
payment is received.
The individuals executing this Agreement warrant that they have read and understand its provisions, and that they are
authorized to bind the parties for which they sign.
Studio T-SQ2, Inc. City of Azusa, C/O Project Dimensions, Inc.
By: John L. Waldron, AIA By: Sergio Gonzalez
Its: Principal Its: City Manager
Date: Date:
Studio T-SQ2, Inc. Billing Rates January 1, 2019
Principal $225/ HR
Studio Director $190/ HR
Project Architect $175/ HR
Senior Designer/ Job Captain $150/HR
Job Captain $120/ HR
Designer 1 $100/ HR
Designer 2 $75/HR