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2200 - Jaime Yamashita Landscape ArchitectPROFESSIONAL SERVICES AGREEMENT #9,cco = C17 001 GARVEY AVENUE MEDIANS TURF REDUCTION PROJECT — LANDSCAPE DESIGN (JAIME YAMASHITA) 1. PARTIES AND DATE This Agreement is made and entered into this 2.5 day of Auc�u s -I- , 201S (Effective Date) by and between the City of Rosemead, a municipal organization organized underthe laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Jaime Yamashita with its principal place of business at 163 N. Avenue 25, Los Angeles, CA 90031 ("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 landscape design 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 landscape design services for the Garvey Avenue Medians Turf Reduction Project ('Project'), also referred to as "Services" 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 landscape design services necessary for the Project, herein referred to as "Services'. The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. JAIME YAMASHITA Page 2 of 10 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 December 31, 2015 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 is necessary to complete the Services 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. 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. JAIME YAMASHITA Page 3 of 10 3.2.5 City's Representative: The City hereby designates the City Engineer, 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 a 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. 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 arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuantto 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 JAIME YAMASHITA Page 4 of 10 of this agreement. 3.2.11 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. 3.3 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 Nine Thousand Dollars ($ 9,000.00). 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 and 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 anywork 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" 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 JAIME YAMASHITA Page 5 of 10 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 anytime 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: JAIME YAMASHITA Page 6 of 10 CONSULTANT CITY: Jaime Yamashita 163 N. Avenue 25 Los Angeles, CA 90031 Attn: Jaime Yamashita, Landscape Architect Phone: (415) 640-4193 City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Rafael M. Fajardo, P.E., City Engineer Phone: (626) 569-2152 Fax: (626)569-2303 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 orcaused to be prepared by Consultant underthis Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultantfor 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 JAIME YAMASHITA Page 7 of 10 pertaining to the Services orthe Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification: To the fullest extent permitted bylaw, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, and Consultants arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official's officers, employees, agents, or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. JAIME YAMASHITA Page 8 of 10 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. 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 solicitor 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 orsubconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required understate 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 JAIME YAMASHITA Page 9 of 10 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. 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] JAIME YAMASHITA Page 10 of 10 CITY OF ROSEMEAD JAIME YAMASHITA By By: �� kll�llS Je Allre , City Ma ager ate Date Name:1AI01 (A��1H�rItT/ Attest: Title: Fnti�i�� 8"as /s Carol Cowley, Interim Efty Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] m Date Name: JAIME YAMASHITA EXHIBIT A SCOPE OF SERVICES SEE REQUEST FOR PROPOSAL (RFP) AND CONSULTANT'S PROPOSAL A-1 Proposal for Garvey Medians JY #15-1555 June 17, 2015 Client Rafael Fajardo City Engineer City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 T: 626-569-2151 F: 626-307-9218 E: rfai irdoCcityofvisemead.mg Landscape Architect J. M. Yamashita California License # 5571 163 N. Avenue 25 Los Angeles, CA 90031 C:415-640-4193 E: yama.iaime@gmail.com Miss Yamashita is pleased to submit this proposal to the City of Rosemead for Landscape Architectural Services as listed herein. Landscape architects we licensed by the State of California. Project: Garvey Medians Design The purpose of this project is to create planting and irrigation plans for the fifteen existing medians on Garvey Boulevard. This design will feature drought tolerant features including waterwiselandscaping, artificial turf, and new drip irrigation, Conceptual designs, renderings, and construction document work will be done in coordination with the City of Rosemead's civil engineers. The City shall provide civil surveys in AutoCAD format with existing utilities and layout. Scope of Services: Landscape Architectural Services to be provided under this proposal are 1. Two conceptual designs featuring artificial turf and drought tolerant landscaping. 2. Two conceptual renderings and a plant palette board. 3. Rough cost estimates for three design options. a. Artificial turf only with quick coupler valves b. Artificial turf and drought tolerant landscaping with drip irrigation C. Drought tolerant landscaping. 4. Design development drawings for planting and irrigation on the Garvey Boulevard medians. In coordination with the City of Rosemead, the documents will include: a. Drawings will be created for two of the design options. b. Planting and Irrigation Plans and Details C. Technical specifications covered under the scope of work. Compensation: The Scope of Services to be performed under this proposal shall be the stipulated sum of $ 9,000.00. Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the Client, shall be compensated at a rate of $100 per hour. Supplemental services include but are not limited to: Additional meetings or site visits. Additional revision(s) beyond those described above. Monthly payments to the Landscape Architect shall be based on (1) the percentage of the Scope of Services completed, and shall include payments for (2) Supplemental Services performed, and (3) Expenses as listed in the fee breakdown. The Client's decisions, approvals, reviews, and responses shall be communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Landscape Architectural Services. The Client shall pay all fees required to secure jurisdictional approvals for the Project. If through no fault of the Landscape Architect the Scope of Services to be provided under this proposal has not been completed within six months of the initial notice to proceed, the compensation for services rendered after that time period shall be equitably adjusted. Client and Landscape Architect each agree to indemnify and hold harmless the other, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Client and Landscape Architect, they shall be home by each party in proportion to its negligence. Respectfully submitted by J. Yamashita on June 17, 2015 JAIME YAMASHITA 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 orendorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in anyway 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 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 $1,000,000.00 per occurrence. 9a JAIME YAMASHITA 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 licensed carriers in the state of California and with an A.M. Bests rating of A- orbetterand a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant 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. ME JAIME YAMASHITA 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. S. 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 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. B-3 JAIME YAMASHITA 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any parry 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. 1 g.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 FW JAIME YAMASHITA Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. ME CERTIFICATE OF LIABILITY INSURANCE DATERIUM04/0812015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 PRODUCER Dwaine Hayes(2909305) 150 N San Dimas Ave Ste 101 909-394-5600 _ lent E {5{ O GLG ERAGE NAILA San Dimas CA 91]]3-2fifi1 INsuRERA TmCkl E h nge 21]09 -_ INSURED UBERB Fanne sl E M1ange 21652 _ VAMASHITA, JAIME ER c Mid Ge Century Insurance Company _ 21687 163 N AVENUE 25 u ERO THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -..-_— Uns TYPE AP RANLE Said SVBR POLICY NUMBER MNIDDIYYY MW �myn LIMITS BEINERALLABIBBY EACH OCCURRENCE_ $ 1,000,000 OOMMGRCIAL GENERAL LIABILITY DA GEO PREMMAISE TO RERES Ee__ $ 75,000 CLAUFNADE OOCCLR MED EXP(Any Una parson) $ 5800 B V V 605510601 01/16/2015 01/16/2016 PERSONAL e ADV INJURY $ 1,000000 GENERAL AGGREGATE $ ._2000,000 PRODUCTS � COIMPIOP AGO $ 1,000,000 OEN'LAGGNLGA(ELIMR APPLIES PER: - — $ PRO- IX POLICY LOC AUT AUTOMOBILE LIABILITY MRI OLDSING(E LIMIT w_ x xcaaem BODILY INJURY Par percpn) E ANY AUTO i I ALL OWNEDSCHEDULED AIT.ISCED BODILY INJURY PnI5m0enl) $ PROPERTY DAMAGE $ _ HIREDAUTOS IANONOOW VED UMBRELLA Join OCCUR `_ACH OCCURRENCE $ _ AGGRFCATE $ LIA.CLAIMAMI $ —� LED NTION$ WORKERS COMPENSATION ANEMPLOYERS' LNBILT' YIN V✓C STAMW OTR NYUL Y" PRIETORIPARTNEWE%ECLIHN LXCLUOED? L f NI RL PRO. $ (Mantlalaym(NFE EL DISEASE-Fq EMPLOYEE $ IL. DISEASE -POLICY LIMIT S I(yca, tlevvlM Ui DESCRIPTION OE OPERATIONS tleI— DESCRIPTION OF OPERAnONS I LOCATIONS I VEHICLES IAMacN ACORO IV, Adtlillonal RemaM StlletluM, it mom space is nyuintl( Operations: Architectural services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF ROSEMEAD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 8838 VALLEY BLVD ACCORDANCE WITH THE POLICY PROVISIONS. ROSEMEAD CA 91]]0 Dwaine Hayes, Agent F-19-1 :4 01SPI[ TIi LOU4Y1 The ACERB name and logo are registered marks of ACORD 0 ®Nationwide' On Your Side Your Insurance Identification Card Detach your identification cards along the perforated lines. • Keep this card in your vehicle. st See section following ID Cards for What's enclosed. EVIDENCE OF INSURANCE IS REQUIRED WITH REGISTRATION RENEWAL Effective January 1, 1997, you are required to have liability insurance to register your vehicle. When you renew your vehicle registration, you will be required to submit evidence of insurance with your payment for the renewal transaction. Evidence can be in the form of your insurance ID card (a photocopy is acceptable) Evidence of insurance is not required with registration renewal of off-highway vehicles, trailers, vessels, or if you file a planned nonoperation(PNO) on the vehicle. If you do not have evidence of insurance, contact your insurance company. This policy, meets the requirements of California Vehicle Section PRESS. Motor carriers of property as defined in CVC34601 may provide a statement that the carrier has evidence of insurance on file for this vehicle with PUC or DMV pursuant to CVC34630. You maybe requested by a peace officer to show evidence of insurance during a traffic stop or at an accident. Each owner is required to carry written evidence of liability insurance in his Vehicle. Note: Comprehensive and Collision Insurance covers your damage only, and does not meet the liability insurance requirement. Vehicle code sections: 4000 37,16020, and 16028. DOCUMENTS SUBMITTED TO DMV WILL NOT BE RETURNED. Did you know ... 7 Motorists who use cell phones while driving are four times more likely to get into serious accidents. Pull over and park it when on the phone. .Be smart, drive safe. Nationwide Is On Your Side. Jaime Yamashita 163 N Avenue 25 Los Angeles CA 90031-1844 ID Theft: One of the fastest growing crimes in the US Each year millions of people have their identities stolen and spend hundreds of hours trying to recover. Other companies send you a kit that you get to use to spland- lours and b0ursCal M _ to correct identity theft problems. Natio nwidds-- Identity Theft Coverage does this work for you. You make ONE call, we do the rest; it's the most complete plan available AND credit monitoring is included FREE) Call your Nationwide agent today to add this excellent protection! 'Annual premium added to homeowner insurance policy. Coverage is available for 599 annually without homeowner coverage. ❑California Insurance Identification Card ❑ California Insurance Identification Card - Policy parl PPKW20123496-5 Err61 DMS ExyIndion Data Au951015 F.952016 Policy Nominee PPNCO020323496-5 Effective Expiration Date Au952.1a 11652016 Y•ar h k•IMod•l 2010 NissordAltima 2.3 Vehicle Id•makatlon Number 1N4ALIA"AN517910 Yvar AlaionaM N ID10 NhaaNANlma 2.5 V4hiet• Identification Number 1N4AL2A"AN517910 24 Hour Claims 1.800.421.3535 See rhe reveae side for in— omrmatian. Jaime Yamashita 163 N Avenue 25 Los Angeles, CA 90031-1 B44 This policy meets the requirements of California Vehicle Code Section 16056. Nationwide Insurance Company of America 1100 Locust St Dept 1100 Des Moines, IA 50391-1100 ID0004(02-12) NACCompany Number: 25453 24 Hour Claims 1.800.421.3535 See the reverse Ade for mare mformatmn. Jaime Yamashita 163 N Avenue 25 Los Angeles, CA 90031-1844 This policy meets the requirements of Caldornia vehicle Code section 16056. Nationwide Insurance Company of America 1100 Locust St Dept 1100 Des Moines,IA 50391-1100 NAC Company Number. 25453 A� �® CERTIFICATE OF LIABILITY INSURANCE Zg3 IONA LAT NV ) S THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the p.lFC,HrS) most be endorsed. 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). PRODUCERCONTACTDwaine Hayes 9800474 Dwaine HF,BD(2909305)eHxE 150 N Sar Dimes Ave Ste 101 o ,1. 909394-5600 �yc Nal. 800640-0463 n pgiSs:.. bha eIs @em£fAFF INSUDER(al AFFORDING COVERAGE Nglti INSUPERA: Truck Insurance Exchange 21709 San Dimas C_A_91773-2661 INSURED INSURERS-. Farmers Insurance Exchange 21652 wauREa L; Mitl Century Insurance Com Fany 21507 Jaime Yamashita INSURER._ 01/1612015 163 N Avenue 25 INSURERS FLNEFALACEREGA-E IS 2000,DCO =eoouCTs-coxIPIOP AGG 1 1,000,000 LOs Angeles CA 90031 THIS IS TO CERTIFY THAT 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- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSRR THE OEINSU FRANCEOL sU RER 1OLICIVVYV IMMIR I�DVIVYYY LIMITS GENERAL LIABILITY OCCURFENOE 15 1,000 C9g X COMn1ERCIAL ENE LIABILIr _EA61 PREBI3ES'Eo VI—vv s 75000 d_Cad.MGDE �omoR OF, FBI 1'V ew'enoe) Ls_ 5,000 B x 60551050` 01/16/2014 01/1612015 .EPs AL a ADv wauaY Is 1,001 FLNEFALACEREGA-E IS 2000,DCO =eoouCTs-coxIPIOP AGG 1 1,000,000 GEN'L AGGREGATE UMn All IRS PER. I POLICY PRT LOO 5 4VTOMOBILE LIABILITVT /I�G�MB/ NEDSIFGLE LIMIT t Eeaa_ NJ _ 1 URY Per w—') 3 ANY FUTO TLLOWNEO-L'E➢UL=S V TCS AOTg9 30DILYINJVRY Ter av[icenl) $ _VONL`N/NED nIRED ADros Auros'N'P poCd ttDA1vPGE mem s s umeRELLF UAa �OCGIR EAON OOOORPENCE E EXCseaUAB _ )pAIU3MAaE AGGREGATE $ GED IINIRITIaNa Is OORRERa COMPENagiION WCS?uTLL OTH-I AND EMPLOYERSBrel LRY P ANYPR RIB 0 IOPPRT11BBILLITNE O IT = CH P4GIDE ' L�NaocEiVMemeeR excLDoeo NIA — — Rabry,r,NRI EASE_ AEMPLGYE' S oVIIII CNCEvFFR„aiUSIs . DESCRIPTION OF OPERATIONS; LOCATIONS I VEHICLES EAUPIIACQSNE101 , A44111onW RemaMSSCM1MmG i[me aspare Is regvlretll Landscape Architect/ Planning & IT NUI , LOcation(s). Various Projects are par armed within the Ohy of Rosemead Endorsement - (IF APPLICABLE. "ILL BE DELIVERED W ITH POLICY), SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF ROSEMEAD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 8838 Valley Blvd ACCORDANCE WITH THE POLICY PROVISIONS, AUTRORrzEO REPRESENTATIVEROsemeatl CA 91770 Dwaine Hayes, Agent ACORD 25 (2010/05) The ADDED name and logo are reg [stored marks of ACORD reserved. ®Nationwide' On Your Side Your Insurance Identification Card • Detach your identification cards along the perforated lines. • Keep this card in your vehicle. • See section following ID Cards for What's enclosed. EVIDENCE OF INSURANCE IS REQUIRED WITH REGISTRATION RENEWAL Effective January 1, 1997, you are required to have liability insurance to register your vehicle. When you renew your vehicle registration, you will be required to bmit evidence of insurance with your payment for the renewal transaction. Evidence can be In the Form of your insurance l0 card (a photocopy acceptable). Evidence of insurance is not required with registration renewal of off-highway vehicles, trailers, vessels, or if you file a planned non operation TNO) on the vehicle. Ifyou do not have evidence of insurance, contact your insurance company. This policy meets the requirements of California Vehicle Section 16056. Motor carriers of property as defined in CVC34601 may provide a statement that the carrier has evidence of insurance on file for this vehicle with PUC or DMV pursuant to CVC34630. You maybe requested by a peace officer to show evidence of insurance during a traffic stop or at an accident. Each owner is required recently written evidence of ];ability insurance in his vehicle. Note: Comprehensive and Collision Insurance covers your damage only, and does not meet the liabilityInsurance requirement. Vehicle code sections: 4000 3],16020, and 16028. DOCUMENTS SUBMITTED TO DMV WILL NOT BE RETURNED. Did you know.. ? Motorists who use cell phones while driving are four times more likely to gat into serious accident=_. Pull over and park it when on the phone. Jaime Yamashita 163 N Avenue 25 Los Angeles CA 90031-1844 ID Theft: One of the fastest growing crimes in the US Each year millions of people have their identities stolen and spend hundreds of hours trying to recover. Other companies send you a kit that you get to use to spend hours and hours calling to correct identify then problems. Nationwide's Identity Theft Coverage does this work for you. You make ONE call, we do the rest; it's the most complete plan available AND credit monitoring is included FREE! Call your Nationwide agent today to add this excellent protection! Be smart, drive safe. *Annual premium added to homeowner insurance policy. Nationwide is On Your Side. Coverage is available for 599annually without homeowner coverage. ❑ca4rrmialreu.ana Idemin.atlon Cara PoliryNumb.r Elf.ativa Dat• Enpiratmn Date PPNCO020323496-3 Aug 52014 Feb 52015 Year Mab/Modal vehicle identification Number 2010 NimaMANime 2.3 1144ARAHAN51910 24 Hour Claims 1.800.421.3535 See the mverse Ode far more mllm—stion. Jaime Yamashita 163 N Avenue 25 Los Angeles, CA 90031-1844 This policy meets the requirements ofCai(omia vehicle code section 16056. Nationwide Insurance Company of America 1100 Locust St Dept 1100 Des Moines, IA 50391-1100 ID0004(02-12) NAIC Company Number 25453 ❑ Cents,nla lnsurenm Identification Cara Polie, Number Efectiee Expimum Date FMC0020323496-3 Aug 52014 Feb 52015 Year MnblModd Vehicle ldena0l.aaien Number 2010 Nnumn Altime 2.5 1114AE2AIVAN517910 24 Hour Claims 1.800.421.3535 Seethe reverse side formore information. Jaime Yamashita 163 N Avenue 25 Los AngeleS, CA 90031-1844 This policy meetstherequi, mems doilfornia vehide cede Section Mass, Nationwide Insurance Company of America 1100 Locust St Dept 1100 Des Moines, IA 50391-1100 NAIC Company Number 25453 E M F s xo C16003 PROFESSIONAL SERVICES AGREEMENT ROSEMEAD PARK PARKING LOT — LANDSCPAE DESIGN (JAIME YAMASHITA) PARTIES AND DATE. This Agreement is made and entered into this L day of Cc4cbe-r , 20 Ic (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 Jaime Yamashita with its principal place of business at 163 N. Avenue 25, Los Angeles, CA 90031 ("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 landscape architecture 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 landscape architecture services for the Rosemead Park Parking Lot Project ("Project"), also referred to as "Services" asset 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 landscape architecture services necessary for the Project, herein referred to as "Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. JAIME YAMASHITA Page 2 of 10 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 June 30, 2015 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 is necessary to complete the Services 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. 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. JAIME YAMASHITA Page 3 of 10 3.2.5 City's Representative: The City hereby designates the City Engineer, 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 a 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. 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 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. JAIME YAMASHITA Page 4 of 10 3.2.11 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. 3.3 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 Three Thousand Dollars ($3,000.00). 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 and 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, orsince the startofthe 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 requestthat Consultant perform Extra Work. As used herein, "Extra Work' means anywork 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' projects. If the Services are being performed as part of an applicable "publicworks" or "maintenance" project, as defined bythe 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 JAIME YAMASHITA Page 5 of 10 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 anytime 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: JAIME YAMASHITA Page 6 of 10 CONSULTANT: Jaime Yamashita 163 N. Avenue 25 Los Angeles, CA 90031 Attn: Jaime Yamashita, Landscape Architect Phone: (415) 640-4193 CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Rafael Fajardo — P.E. City Engineer Phone: (626) 569-2152 Fax: (626)569-2303 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 anytime, provided that any such use notwithin the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity JAIME YAMASHITA Page 7 of 10 pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification: To the fullest extent permitted bylaw, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, and Consultants arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official's officers, employees, agents, or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. JAIME YAMASHITA Page 8 of 10 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. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competentjurisdiction, 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 tofile, orshall cause its employees orsubconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required understate 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 JAIME YAMASHITA Page 9 of 10 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 ortermination. Consultant shall also complywith 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 maybe signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] JAIME YAMASHITA Page 10 of 10 CITY OF ROSEMEAD By: r - Matt Hhwke0vorth, Director of Public Works Attest: t y nc1\-�� 1\/��iL. \ Gloria Molleda, City Clerk JAIME YAMASHITA By: Date Date Name: �dilf - �(h X,1 1171A Title: t��APE A� en [+,1 torbl Dat [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] 0 Name: Date JAIME YAMASHITA EXHIBIT A SCOPE OF SERVICES SEE REQUEST FOR PROPOSAL (RFP) AND CONSULTANT'S PROPOSAL A-1 Proposal for Rosemead Park Parking Lot and Bioswale JY 414-1453 August 27, 2014 Client Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 Fast Valley Boulevard Rosemead, California 91770 T: 626-569-2151 F: 626-307-9218 E: rfaiardoCdcityofrosemead.org Landscape Architect J. M. Yamashita California License # 5571 163 N Avenue 25 Los Angeles, CA 90031 C:415-640-4193 E: yama.jaime@vmail.com Miss Yamashita is pleased to submit this proposal to the City of Rosemead for Landscape Architectural Services as listed herein. Landscape architects are licensed by the State of California. Project: Rosemead Park Parking Lot and Bioswale The purpose of this project is to create planting and irrigation plans for the construction of the existing parking medians located in the north parking lot of Rosemead Park and the frontage along Encinitas, east of the newly redesigned basketball courts. Construction document work will be done in coordination with the City of Rosemead's civil and electrical engineers. The City shall provide civil surveys in AutoCAD format with existing utilities and layout. Scope of Services: Landscape Architectural Services to be provided under this proposal are 1. Construction documents for planting and irrigation in Rosemead Park. In coordination with the City of Rosemead, the documents will include: A. Planting and Irrigation Plans and Details for parking lot medians B. Planting and Bioswale Details for two (2) bioswales located east of the basketball courts. 2. Coordination with the City of Rosemead and other interested parties 3. One (1) site meeting during installation and construction. Compensation: The Scope of Services to be performed under this proposal shall be the stipulated sum of S 3,000.00. Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the Client, shall be compensated at a rate of $100 per hour. Supplemental services include but are not limited to: L Additional meetings or site visits. 2. Additional revision(s) beyond those described above. Monthly payments to the Landscape Architect shall be based on (1) the percentage of the Scope of Services completed, and shall include payments for (2) Supplemental Services performed, and (3) Expenses as listed in the fee breakdown. The Client's decisions, approvals, reviews, and responses shall be communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Landscape Architectural Services. The Client shall pay all fees required to secure jurisdictional approvals for the Project. If through no fault of the Landscape Architect the Scope of Services to be provided under this proposal has not been completed within six months of the initial notice to proceed, the compensation for services rendered after that time period shall be equitably adjusted. Client and Landscape Architect each agree to indemnify and hold harmless the other, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Client and Landscape Architect, they shall be borne by each party in proportion to its negligence. Respectfully submitted by J. Yamashita on August 27, 2014 JAIME YAMASHITA EXHIBIT B INSURANCE REQUIREMENTS Priorto 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 orendorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. 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 $1,000,000.00 per occurrence. NE JAIME YAMASHITA 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 licensed carriers in the state of California and with an A.M. Bests rating of A- orbetter 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 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant 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. 30 JAIME YAMASHITA 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 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. 2N JAIME YAMASHITA 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 M. JAIME YAMASHITA Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. n7 Al CERTIFICATE OF LIABILITY INSURANCE °ATE`""'°°"""' Iiioulslzota THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURER, the policyLes) must be endorsed. 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). PRODUCER AMEPOi Dwaine Hayes 0800474 Dwaine Hayes(2909305) N 909-394-5600 uc No: 800-640-0463_ 150 N San Dimas Ave Ste 101 ADDRESS -San Dimas CA 91773-2661 Ixsuxso Jaime Yamashita 163 N Avenue 25 INSURER(S) AFFORDING COVERAGE Arc 21]09 21652 - 21687 INSURER A Truck Insurance Exchange Farmare Insurance Exchange_ INSURER C: Mid Century Insurance Company INSURER D. COVFRAGFS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE PCLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUER TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NONUTHSTANDING 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSIN E OF INSURANCE iUSSR SU6 POLICY NUMBER MM, OI pY EFF POLICYCUPLIMITS ITS TYPE GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 LLIABILIi� _ OPMAGE rO R�cNTED A_tEMI6E5'Ea T'E S 75,000 OLAIMS-MALE O OCC°R EOEXP(Anyone UwrrU S 5,000 PERWINALSARy Ini Is I.IRD0,000 B x 605510601 01/16/2014 01/16/2015 _- GENERAL AGGREGATE $ 2,600,000 GEN'L ACCREGATE LIMIT APPLIES PER PRODUCTS-WMODPACO S 1.000.000 $ OLILY PRO LOT AUTOMOBILE LIABNTYT COMBINED swCLE urnrr LtAe BOOBY INJURY TP, person) $ A.uYAU10 GLnEDGO ALD.EB D AVTOs AVTos DOUILY RYw„e�aenll $ PaoPERm wMAGE $ ,CaBHnn NONawxeO HIRED AUTos Auros $ UMBRELLA LIAB 06CVR EFC O n.G, CIDAUL $ SINS__ EXCESS LIAB OLAIM_SNADE_ (AGGREGATE $ LED 1RETEN110Vf $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WC eTATW OTW r0 Y ER AFFEOPRIF°R PARTNFRPXEOUTIVE EL EACH ACCIDENT $ ° yMEMBER EXCLUDED' ❑ NIA — —- SNN,NUYInRED _EL. 319 6F.EAEMPLOYE $ if yes.desMb,,,d,, - - DB9CRIPTONOFOPEWIICNS10 EL. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ANacn ACORD,m, AJEltienal RemaMe Slh,d,le, R mon,paee li niq—Ql Landscape Architect/ Planning & IFIDEJ on Location(s): Various Projects are performed within the City of Rosemead Endorsement- (IF APPLICABLE, WILL BE DELIVERED WITH POLICY). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF ROSEMEAD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 8838 Valley Blvd ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Rosemeatl CA 91770 Dwaine Hayes, Agent A rnon oR nrvm mnsr ll IDYP901n nrnon rnoonRnnnXl nil .... n.�.,......,,.. The ACORD name and logo are registered marks of ACORD Your Insurance Identification Card ® Nationwide" Detach your identification cards along the perforated lines. Keep this card in your vehicle. On Your Side See section following ID Cards for Whets enclosed. EVIDENCE OF INSURANCE IS REQUIRED Ann RE61S MATION RENEWAL Nationwide Insurance Company of America Effective January 1, 1V97, you are required to have liability insurance to register When be Jaime Yamashita yourvehicle. you renew your vehicle registration, you will required to 163 NAvenue 25 submit evidence ofinsurance with your payment for the renewal transaction. Evidence can be in the form ofyour Insurance ID card (a photxopy's accepuble). Los Angeles CA 90031-1844 Evidence of insurance is not required with registration renewal of off-highway vehicles, trailers, vessels, or if you file a planned non operation on the vehicle. ifyou do not have evidence of insurance, contact your insurance company. This polity meets the requirements of California Vehicle Section 16056. Motor carriers of property as defined in CVC34601 may provide a statement that the carrier has evidence of insurance on file for this vehicle with FEE or DMV pmm ntt.CVC34630. You maybe requested by a peace officer to show evidence of insurance during a traffic stop or at an accitltlant. Each owner is required to carry written evidence of liability insurance in his vehicle. Note: Comprehensive and Collision Insurance covers your damage only, and does not meet the liability insurance requirement n Vehicle code sections:4000.32,16020,and16028. DOCUMENTSSI-Adds 13TO G DMVw1LLNOTBERETURNED. co A on o ID Theft: One ofthe fastest growing crimes in Did you know...Y o. rn the US Each year millions of people have their identities rn Motorists who use cell stolen and spend hundreds of hours trying to ry phones while driving are four times more likely recover. Other companies send you a kit that to get into serious accidents. you get to use to spend hours and hours calling Pull over and park it when on the phone. to correct identity theft problems. Nationwide s Identity Theft Coverage does this work for you. You make ONE call, we do the rest; it's the most complete plan available AND credit monitoring is included FREE! Call your Nationwide agent today to add this excellent protection! Be smart, drive safe. +Aonual premium added to homeowner insurance policy. Nationwide is On Your Side. Coverage is available for 69Banrually without homeowner coverages ❑C.Iff..1.1 r...... IdentiNmtlon Card Celif.rnie Insurance ❑ Identifi.uian Card Pa119y Number EN.diva Cat. Expirationpata FOIIay Number, - ENadire Expiration Dena PMC0020323490-3 Aug53014 Feb 53015 PPNCO010323494-3 Aug 53014 F.b53015 Yor Mek.IModal Vahltl. Idartifiutlon Numb.r 'Tor Mek./Motld WMd. khordilneon Numb., 2010 NlnanlANlme 2.3 1N4AL3A"ANS17910 2010 N6nnlAltime3.5 1N4AL3A"ANS17910 24 Hour Claims 1.800.421.3535 24 Hour Claims 1.800821.3535 seemeaeene sideformouemromotion, see m.,eo esuefarnere rformatmn. Jaime Yamashita Jaime Yamashita 163 N Avenue 25 163 N Avenue 25 Los Angeles, CA 90031-1044 Los Angeles, CA 90031-1844 Thispoliry meststhe".wemenls ofCArfomia Vehlde Codesedion ThiSpolicyruodslhe requiremertsoKaldomia Vehicle Code Senior 16056. 16056. Nationwide Insurance Company of America Nationwide Insurance Company of America 1100 Locust St Dept 1100 1100 Locust St Dept 1100 Des Moines, IA 50391-1100 Des Moines, IA 50391-1100 IMM (02-13) NAIC Company Number: 25453 NAICCompam Number 25453 PROFESSIONAL SERVICES AGREEMENT C�rJ GiC K -3, 016102 MONTEBELLO BOULEVARD MEDIANS — LANDSCPAE DESIGN (JAIME YAMASHITA) PARTIES AND DATE. This Agreement is made and entered into this ]1rday of 20I� (Effective Date) by and between the City of Rosemead, a municipal orgaVization organized underthe laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Jaime Yamashita with its principal place of business at 163 N. Avenue 25, Los Angeles, CA 90031 ("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 landscape architecture services to public clients, is licensed in the State of California and isfamiliarwith the plans of City. 2.2 Project. City desires to engage Consultant to render such landscape architecture services for the Montebello Boulevard Medians Project ('Project'), also referred to as "Services" as set forth in this Agreement. 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 landscape architecture services necessary for the Project, herein referred to as 'Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. JAIME YAMASHITA Page 2 of 10 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 December 31, 2015 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 is necessary to complete the Services 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. Consultantshall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required bylaw. 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. 3.2.4 Substitution of Key Personnel: Consultant has represented to Citythat 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. JAIME YAMASHITA Page 3 of 10 3.2.5 City's Representative: The City hereby designates the Associate Engineer, 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 a 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. 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 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 JAIME YAMASHITA Page 4 of 10 of this agreement. 3.2.11 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. 3.3 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 Three Thousand Dollars ($3,000.00). 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 and 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 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" 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 JAIME YAMASHITA Page 5 of 10 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 partof this Agreement at anytime 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: JAIME YAMASHITA Page 6 of 10 CONSULTANT CITY: Jaime Yamashita 163 N. Avenue 25 Los Angeles, CA 90031 Attn: Jaime Yamashita, Landscape Architect Phone: (415) 640-4193 City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Rafael Fajardo—Associate Engineer Phone: (626) 569-2152 Fax: (626) 569-2303 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 anytime, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity JAIME YAMASHITA Page 7 of 10 pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification: To the fullest extent permitted bylaw, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, and Consultants arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official's officers, employees, agents, or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5. 10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. JAIME YAMASHITA Page 8 of 10 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. 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 solicitor 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 orsubconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required understate 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 JAIME YAMASHITA Page 9 of 10 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 ortermination. Consultant shall also complywith 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. 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] JAIME YAMASHITA Page 10 of 10 CITY OF R�OJS/E�M�E�AD JAIME YAMASHITA By: i b ,y By: '12 2-11 � Chris Marcarello, Date Date Director of Public Works Name:��A,ME YAHMkS l—(l} Attest: Title: LAMDSC APC- AF 60l—(E( l I 41oraMolleda, City Clerk D e [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] Date Name: Title: JAIME YAMASHITA EXHIBIT A SCOPE OF SERVICES SEE REQUES'P POR PROPOSAL (RFP) AND CONSUL FAN I'S PROPOSAL A-1 Jaime Yamashita, Landscape Architecture Proposal for Montebello Boulevard Medians JY #14-1452 May 14, 2014 Client Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 T:626-569-2151 F: 626-307.9218 E: rfajardooi citvofrosemead.ore Landscape Architect Jaime Yamashita California License # 5571 163 N Avenue 25 Los Angeles, CA 90031 C:415-640-4193 E: vanajaimCa yrnail.com Jaime Yamashita is pleased to submit this proposal to the City of Rosemead for Landscape Architectural Services as listed herein. Landscape architects are licensed by the State of California. Project: Montebello Boulevard Medians 'Che purpose of this project is to create planting and irrigation plans for the construction of the existing medians located on Montebello Boulevard. Construction document work will be done in coordination with the City of Rosemead's civil and electrical engineers. The City shall provide civil surveys in AutoCAD format with existing utilities and layout. Scope of Services: Landscape Architectural Services to be provided under this proposal are Construction documents for planting and irrigation in the Montebello Boulevard medians between Montebello Town Center and Plaza Drive. In coordination with the City of Rosemead, the documents will include: A. Planting and Irrigation Plans B. Planting and Irrigation Details C. Coordination with the City's civil engineer on sidewalk, curbs, and medians. 2. Technical specifications 3. Coordination with the City of Rosemead and other interested parties 4. Pre -construction meeting (1) Compensation: The Scope of Services to be performed under this proposal shall be the stipulated sum of S 3,000.00. Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the Client, shall be compensated ata rate of $100 per hour. Supplemental services include but are not limited to: 1. Additional meetings or site visits. 2. Additional revision(s) beyond those described above. Monthly payments to the Landscape Architect shall be based on (1) the percentage of the Scope of Services completed, and shall include payments for (2) Supplemental Services performed, and (3) Expenses as listed in the fee breakdown. The Client's decisions, approvals, reviews, and responses shall be communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Landscape Architectural Services. 'I he Client shall pay all fees required to secure jurisdictional approvals for the Project. If through no fault of the Landscape Architect the Scope of Services to be provided under this proposal has not been completed within six months of the initial notice to proceed, the compensation for services rendered after that time period shall be equitably adjusted. Client and Landscape Architect each agree to indemnify and hold harmless the other, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages-, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Client and Landscape Architect, they shall be borne by each parry in proportion to its negligence. Respectfully submitted by Jaime Yamashita on May 14, 2014 JAIME YAMASHITA EXHIBITS 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 orendorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. 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 $1,000,000.00 per occurrence. LIS JAIME YAMASHITA 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 licensed carriers in the state of California and with an A.M. Bests rating of A- orbetter and a minimum financial size V11. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant 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. CI JAIME YAMASHITA 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 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. JAIME YAMASHITA 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 JAIME YAMASHITA Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Ae" o® CERTIFICATE OF LIABILITY INSURANCE DATEOlil 6QDIYYYY, 0111 fi/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iesl most be endorsed 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 Dwaine Hayes(2909305) 150 N San Dimas Ava Ste 101 San Dimas CA 91]]3-2661 INSURED Jaime Yamashita 163 N Avenue 25 Lou An elms CA 90031 Wic t e,E, . NUN IEU GCuU l uc No: - - E-MAILdhayehinaermersagent com E-AILADDRESS. POLICY EFF POLICY EXP _ _ INSUREARGAWOROINGCOVERAGE _ IxsuaeR a, Truck Insurance Exchange _ _ _ INSURERS, Farmers Insurance Exchange INI asa, Mid Century Insurance Company NAIL♦ _.. 21]09 _ 21652 I. 21687 AUTHORIZED REPRESENTATIVE _ INSURER COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFF POLICY EXP MMOOYYNSR To TYPEOEINSURANCE LIMITS 6838 Valley Blvd GENERAL LIABILITY AUTHORIZED REPRESENTATIVE RUCOL.ad CA 91770 EACH OCOUMENCE s I00i GENERAL LIABILITY DATA SE TOREFUTE ynce E 7gW0 CLANS.MADE D 06OUR MEDE%P (Any ole person! 5 S.DDg PERsavALaADV Ilauar $ 1 000000 B TBERJUEL x 605510601 01/1&2014 01/16/2016 GENERAL AGGREGATE I S 2,000,006 S 1,000,000 GEN'L AGGREGATE LIMIT AIDED' PE'. PRODUCTG-CCM_PIOP_A_G G_ 5 POLICY jR LOC CenOV91N6LE LIMIT AUTOMOBILE DART BY EnM u. ODILY INJURY Pa:eson) $ ANV AUTU IB ALL OW NEO 9CHEDVLEO BODILY INJURY IPer illioenn:$ AITOS AUTOS - NON-OwxeD PROPER 1V DAMAGE 'S nIRED AUTAC AUTOS Imo -1-11 s VMBRELLA LIAR �OCWR EACH OCCURRENCE i$ FXC EaB LAIDI CLPIMSMADP .AGGREGATE _ $ ED RETENTION$ 5 WORKERS COMPEN RATION H GT AND EMPLOYERS' LIABILITY Yin OOSTATU- T RY LIA11i _ '.5 "Y PROOF E-OWv INER/E%TW II VE -EACH Ac CRTEERiMENBER E%CL UDED? ❑.N/Ai (Mend ang in NH) C L DISEASEEA EMPLOYEE S tyea.dNEINeNme, IcLOISEAGE-POucrumn cESORIRION OF OPERADITS ux— $ DESCRIPTION OF OPERATIONS r LOCAnorvs! VEHICLES Bet -L ASCEND Im, Aeew.om e.marv. srn.ame. B mo,. avza rs �¢euirzal Landscape Architect / Planning &Irrigation Location(s)'. Various Projects are performed within the City of Rosemead Endorsement- (IF APPLICABLE, WILL BE DELIVERED WITH POLICY). CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) CA 1988-2010 ACURD CURPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF ROSEMEAD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 6838 Valley Blvd AUTHORIZED REPRESENTATIVE RUCOL.ad CA 91770 Dwaine Hayes, Agent ACORD 25 (2010105) CA 1988-2010 ACURD CURPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD J Your Insurance Identification Card ®Nationwide® On Your Side EVIDENCE OF INSURANCE 15 REQUIRED WITH REGISTRATION RENEWAL Effective hum 1, 1997, you are required to have liability insurance to register yourvehicle. When you renew your vehicle registration, you will be required to submit evidence of insurance with your payment far the renewal transaction. Evidence can be in the form of your insurance ID Card (a photocopy is acceptable) Evidence of insurance is not required with registration renewal of off-highway vehicles, trailers, vessels, or if you file a planned nonoperation (PNO) on the vehicle. if yyou do not have evidence of insurance, contact your insurance Company. is polity meets the requirements of California Vehicle Section 16oss. Motor carriers of property m defined in UCM601 may provide a statement that the Carrier has evidence of insurance on file for this vehicle with PUC m DMV pursuant to CVC34630. You aybe requested Wby a peace officer to show evidence of insurance during traffic stop or at an accident. Each owner is required to carry written evidence of liability insurance in his vehicle. Nate: Comprehensive and Collision Insurance covers your damage only, and does not meet the liability insurance requirement. Vehicle code sections: 4000.37,16020, and 16028. DOCUMENTS SUBMITTED TO DMV WILL NOT BE RETURNED. Did you know ... 7 Motorists who use cell phones while driving are four times more likely to get into serious accidents. Pull over and park it when on the phone. Detach your identification cards along the perforated lines. Keep this card in your vehicle. See section following ID Cards for What's enclosed. Be smart, drive safe. Nationwide Is On Your Side. F1CslNornie Insurance Identification Card real, Number Effeatlee Dab Expiration Data "00030323416-3 Aug 32014 Fe652015 Year IMkelMeder Vebkle ldeatires-Number 2010 NbbnlANlma 2.5 1N4AL2APIAN51]110 24 Hour Claims 1.800.421.3535 see the rewene side for more information. Jaime Yamashita 163 N Avenue 25 Los Angeles, CA 90031-1844 This pollry meets the requirements MCaiifarnia Vehicle Code Section 16056. Nationwide Insurance Company of America 1100 Locust St Dept 1100 Des Moines, IA 50391-1100 ID0004(0212) NAICCompany Numlam: 25453 Jaime Yamashita 163 N Avenue 25 Los Angeles CA 90031-1844 ID Theft: One of the fastest growing crimes in the US Each year millions of people have their identities stolen and spend hundreds of hours trying to recover. Other companies send you a kit that you get to use to spend hours and hours calling to correct identity theft problems. Nationwide's Identity Theft Coverage does this work for you. You make ONE call, we do the rest; it's the most complete plan available AND credit monitoring is included FREE! Call your Nationwide agent today to add this excellent protection! 'Annual premium added to homeowner insurance policy. Coverage is available for 599 annually without homeowner coverage. 24 Hour Claims 1.800.421.3535 Sao thereverse use for mora mformarnn Jaime Yamashita 163 N Avenue 25 Los Angeles, CA 90031-1844 This policy meets the requirements of California Vehicle Code section nurse Nationwide Insurance Company of America 1100 Locust St Dept 1100 Des Moines, IA 50391-1100 NAIC Company Number. 25453 ❑Card. ;me Ide d lcat on Card Polley Numb., Ef4<tica Eiplretlan Dec. PPNC00203234963 Aug 52014 Feb 51015 Yew MakNMOdeI Vehisle Identification Number 2010 NiormlAhime2.5 1MAL2A%AN512910 24 Hour Claims 1.800.421.3535 Sao thereverse use for mora mformarnn Jaime Yamashita 163 N Avenue 25 Los Angeles, CA 90031-1844 This policy meets the requirements of California Vehicle Code section nurse Nationwide Insurance Company of America 1100 Locust St Dept 1100 Des Moines, IA 50391-1100 NAIC Company Number. 25453 p/r✓ r"7R a�3 E M E 5 oat 9 ** Cl 4209 PROFESSIONAL SERVICES AGREEMENT HIGHWAY SAFETY IMPROVEMENT PROJECT — ROSEMEAD BOULEVARD LANDSCAPE DESIGN (JAIME YAMASHITA, LANDSCAPE ARCHITECT) PARTIES AND DATE. This Agreement is made and entered into this 1' day of _, 20A (Effective Date) by and between the City of Rosemead, a municipal organization organized underthe laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City') and Jaime Yamashita, Landscape Architect with its principal place of business at 163 N. Avenue 25, Los Angeles, CA 90031 ("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 landscape design 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 landscape design services for the Highway Safety Improvement Project— Rosemead Boulevard ('Project"), also referred to as "Services" 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 landscape design services JAIME YAMASHITA, LANDSCAPE ARCHITECT Page 2 of 10 necessary for the Project, herein referred to as "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 June 30, 2015 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 is necessary to complete the Services 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 bylaw. 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. 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 JAIME YAMASHITA, LANDSCAPE ARCHITECT Page 3 of 10 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 Associate Engineer, 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 a 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. 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 arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuantto 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. JAIME YAMASHITA, LANDSCAPE ARCHITECT Page 4 of 10 3.2.101 nsurance: 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: 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. 3.3 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 Eight Thousand Five Hundred Dollars ($ 8,500.00). Extra Work maybe authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment and 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 requestthat Consultant perform Extra Work. As used herein, "Extra Work" means anywork 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 JAIME YAMASHITA, LANDSCAPE ARCHITECT Page 5 of 10 works" and "maintenance' projects. If the Services are being performed as part of an applicable "public works" or "maintenance' project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any partof this Agreement at anytime 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 atsuch other address as the respective parties may provide in writing for this purpose: JAIME YAMASHITA, LANDSCAPE ARCHITECT Page 6 of 10 CONSULTANT: Jaime Yamashita, Landscape Architect 163 N. Avenue 25 Los Angeles, CA 90031 Attn: Jamie Yamashita Phone: (415) 640-4193 CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Rafael Fajardo—Associate Engineer Phone: (626) 569-2152 Fax: (626)569-2303 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 Cityto 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 beat 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 JAIME YAMASHITA, LANDSCAPE ARCHITECT Page 7 of 10 pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification: To the fullest extent permitted bylaw, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, and Consultants arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official's officers, employees, agents, or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5. 10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. JAIME YAMASHITA, LANDSCAPE ARCHITECT Page 8 of 10 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. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, orotherwise 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 solicitor 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 orsubconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required understate 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 JAIME YAMASHITA, LANDSCAPE ARCHITECT Page 9 of 10 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. 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] JAIME YAMASHITA, LANDSCAPE ARCHITECT Page 10 of 10 CITY OF ROSEMEAD By: A&i d l JefVAIlrea,City Man ger ate Attest: -U a( rn MJU 9a f� Gloria Molleda, City Clerk Date JAIME YAMASHITA, LANDSCAPE ARCHITECT By: Date Name: To - [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] Name: Title: Date JAIME YAMASHITA, LANDSCAPE ARCHITECT EXHIBIT A SCOPE OF SERVICES SEE REQUEST FOR PROPOSAL (RFP) AND CONSULTANT'S PROPOSAL A-1 Jaime Yamashita, Landscape Architecture Proposal for Rosemead Boulevard Medians and Parkway JY #14-1451 January 7, 2014 Client Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 T: 626-569-2151 F: 626-307-9218 E: rfaiardo(d)citvofrosemead.ore Landscape Architect Jaime Yamashita California License # 5571 163 N Avenue 25 Los Angeles, CA 90031 C:415-640-4193 E: yama.jaime(),zatail.com Jaime Yamashita is pleased to submit this proposal to the City of Rosemead for Landscape Architectural Services as listed herein. Landscape architects are licensed by the State of California. Project: Rosemead Boulevard Medians and Parkway The purpose of this project is to create planting and irrigation plans for the construction of newly designed medians and parkways of Rosemead Boulevard. The section to be designed begins at the train trestle on the north and continues to the northern side of Valley Boulevard on the south. Construction document work will be done in coordination with the City of Rosemead's civil and electrical engineers. The City shall provide civil surveys in AutoCAD format with existing and proposed layout changes. Services shall include coordination meetings with the City of Rosemead and the contractor. Scope of Services: Landscape Architectural Services to be provided under this proposal are Construction documents for planting and irrigation in the medians and parkway along Rosemead Boulevard between the train trestle and Valley Boulevard. In coordination with the City of Rosemead, the documents will include: A. Planting and Irrigation Plans B. Planting and Irrigation Details C. Coordination with the City's civil engineer on sidewalk, curbs, and medians. D. Coordination with the City's electrical engineer on street/pedestrian lighting, tree uplighting, decorative lighting, and electrical connections for irrigation 2. Technical specifications 3. Coordination with the City of Rosemead and other interested parties 4. Pre -construction meeting (1) 5. Construction administrative support in the form of: A. Construction meeting attendance (up to 3 meetings) B. On-site review and inspection (up to 3 visits) C. Responses to RFIs Compensation: The Scope of Services to be performed under this proposal shall be the stipulated sum of$ 8,500.00. Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the Client, shall be compensated at a rate of $100 per hour. Supplemental services include but are not limited to: I. Additional meetings or site visits. 2. Additional revision(s) beyond those described above. Monthly payments to the Landscape Architect shall be based on (1) the percentage of the Scope of Services completed, and shall include payments for (2) Supplemental Services performed, and (3) Expenses as listed in the fee breakdown. The Client's decisions, approvals, reviews, and responses shall be communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Landscape Architectural Services. The Client shall pay all fees required to secure jurisdictional approvals for the Project. If through no fault of the Landscape Architect the Scope of Services to be provided under this proposal has not been completed within six months of the initial notice to proceed, the compensation for services rendered after that time period shall be equitably adjusted. Client and Landscape Architect each agree to indemnify and hold harmless the other, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Client and Landscape Architect, they shall be home by each parry in proportion to its negligence. Respectfully submitted by Jaime Yamashita on January 7, 2014 JAIME YAMASHITA, LANDSCAPE ARCHITECT EXHIBIT B INSURANCE REQUIREMENTS Priorto 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 orendorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) orthe exact equivalent. Limits are subjectto review, but in no eventto 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 anyway on this project, Consultant shall provide evidence of personal auto liability coverageforeach 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 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 $1,000,000.00 per occurrence. ME JAIME YAMASHITA, LANDSCAPE ARCHITECT 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 licensed carriers in the state of California and with an A.M. Bests rating of A- orbetterand 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 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant 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. MKI JAIME YAMASHITA, LANDSCAPE ARCHITECT 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 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. B-3 JAIME YAMASHITA, LANDSCAPE ARCHITECT 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 B-4 JAIME YAMASHITA, LANDSCAPE ARCHITECT Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 39 ® DArE,MM ee,..T.r A✓ o CERTIFICATE OF LIABILITY INSURANCE 9,;,6;20„ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERDg, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANTIf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed 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 endorsamentts). PRopucER CONTACT Dwaine Hayes 08994]4 NAME: _ — FAX Dwaine Hayes(2909305) P...c Eu 909-394-5600 �[ac,xo J800-649-0463 AL 150 N San Dims Ave Ste 101 noo FILING SliLey€s'O(armersaaEnt,,m IXSUREUS) AFFORDING COVERAGE NPICp San Dimas _ CA 91]]&2661 _ _ INSURER _ Truck Insurance Exchange _ _ 21'!09 INSURED INSURPRE, FNmUVlnsran u _ce Exchange _ 21652 Jaime Yameehlte INSURER C, Mid Century Terrance Company 21687 163 N Avenue 25 Los Angeles CA 90031 INSURERF tNYbrwvra 1co 0..--......... ..�... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NONJII'HSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED CR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ Uee TR B TYPE OF INSURANCE GENERAL LIABILITY X_ coaMERCAL OFNERAL LIABILITY CLAI I$NAOE K OCCVR OL % SVBR OLILY NVMBER 605$10601 '01/16/2614 O YEFF MMI00M'VY OLCYEXP MMIBO 91/1612915 LIMBS AOHOCCVRRENCE 1 1'00.990 ]A AG TOREND 75000 PRPM ses IE a azu,mn¢ S HE 1N:D Fnwnl $ _ 900 PERSONALaADVlwuav $ 1, OOO PE RALAaGREGATE S 2900_ ,990 - ,000 pa T conlProaaeo 3 1 OOO GEN L AOGR GATE LIMIT' PLIE PER'. COMBINED SINGLE LIMIT E POLICY :PRO LOC OBILE UAaNTY AUTOMOBILE eouRYlNwertPe�ceRo�t s r Arvrnuro w.OWNED r J."EDmEI 0DILY INJURY ell xtiAenU s Auros - NoNewarn wR An A, Aeros PPOPEATYO GE S IPa DAr`v' UMBRELLA LIAB OCCJR EACHDCCVRRENCE_ 8 _ EXCESS LJAD CLArNE-MAD-' AGGREGATE 1 LED E E Oi WORK LOMPENS LACSTAT Y _ FACE eeDENT s O AND EM RS LIP ITY TN ANY PR T RD r Ewex urrJE LOFF _ EU'lF D'. NXI ,.Y. NIA ':. —EAEMtt E S _ P co' o rOPEnAT ons Eolov EL. I,AA-POLIIXL s DESCRIPTION OF OPERATIONS / LOCATIONe I VEHICLES Arad, AIDED 111, A4YIVonal RemaMs sceetluIN IT marc ED—Is was'") LandCCepa Architect / Planning & Irrigation Locationts) Various Projects are performed within the City of Rosernead Endorsement- QF APPLICABLE, WILL BE DELIVERED WITH POLICY). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF ROSEMEAD THE EXPIRDATE THEREOF, NOTICE WILL BE DELIVERED IN ACCOATION RDANCE WITH THE POLICY PROVISIONS. 8830 Valley Blvd PUTHORIZEU REPRESENTATIVE Rosemead CA 91]]0 Ov✓ame Hayes, Agent ACORD 25128101051 ©1988-2010 ACORD CORPORATION. All rights The ADDED name and logo are reglsrerea mares or n.Cvmu Your Insurance Identification Card ®. Desch youridentNkationCards along the perforated lines. Nationwide° Keep this card In your vehicle. On YDurSlde See section following ID Cards for What's enclosed. EVIDENCE OR INSURANCE IS REQUIRED WITH REGISTRATION RENEWAL Rhcdvv,Jw. y1,1997, ym are required rohaw lkbViry lnvvrm reregister be ragWrad to Jaime Yamashita N Avenue 25 yourveNda. Whenyw rxrcwyaurveNde regstretlauvwwlll 163 If nnnot for �np"o"'117 Los Angeles CA 90031-1844 0 caNnand EvWenox can Ise In ttl�ofmm d� Insunour ls—souptabkl. o8Wgh EMderxedMswarcalsnntrequi,ed threglmad.renewal »hkles, trelkrs, vnsels. m N yyoauu file a planned nmlaperayar(PN01 d.notthm evltle�rculremenI. InsurudGcnn'fomnmk VeNcle Sect�anl 1b056. mrds.IFT rhaa�de� in kfo0sthat mvedWtshemnksdlnu8lehPVCmDMV psrNrrx to CYCi4630. Yaunlarberegwsted Map adotflcerto�redtow7f»Mme�Wderc of DaNif su atanac em. e. Non Conn 116 nyourancageo*, W time: ComprehensiveanduranceCollision xpsrsnse ewers your damage oNy, and does red meet rhe I W sNry insurance requhement. VeNde code sedims: 400037, 16020, and 1602& DOCUMENTS SUENUTTED TO DMV Wllt NOTRE RETUWED. Did you know_? 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You make ONE call, we do the not its the most complete plan avallable AND credit monitoring Is included FREEI Call your Nationwide agent today to add this excellent protectlonl `Ann aI g onium added to homeowner inswa. policy. Coverage is available for 599 annually vdthout homeavmer coverage. ❑41eansWiss xe INntlnotbn Ord 1yl.s rxwtN. Celrrb pR°kYaareplW4aeNd F.1652014!]ela A9!»»14 WbeAe4r erdda Ye✓Ylab.r Me Nre.nMew.ss +aaAsaAnAw17910ns+a 24 Hour Claims 130OA213535 s» tN merw sae rn, mw. hbmubn Jaime Yamashita 163 N Avenue 25 Los Angeles, CA 90031-1844 ThispW,measrhe"be ,dCelawnk Vh kCob6askn 16056 Nationwide Insurance Company ofAmerica Na�nv0deIn Insuust St rance Company of America 1100 Locust St Dept 1-1 0 Des Molnes, IA 50391-1100 Des Moines,IA 50391-1100 ralCCwripam M,mb,... 26+53 ppp06rybla NAICCmpsry NmnMr. 25453 r';0--r MFR This notice isissuedby: FARMERS INSURANCE EXCHANGE Date: 09/04/12 Property Location: Notice of Cancellation Policy Or Certificate Num er—l Agent Nu er Cancellation Date 60482-69-49 129-09-305 09/13/12 Named Insured And Mailing Address: YAMASHITA, JAIME JAIME YAMASHITA 163 N AVENUE 25 LOS ANGELES CA 90031-1844 Notice of Cancellation Of Mortgagee Or Other Interest _s ® You are hereby notified, that all coverage extended to you under the above listed policy is cancelled effective on the cancellation date shown above at the time specified in the Declarations of this policy, unless you have been notified of a more recent cancellation under other provisions of the policy. ❑ You are hereby notified that all coverage extended to you under the above policy(ies) or certificate(s) on: is cancelled effective on the cancellation date shown above at the time specified in the Declarations of this poficy, unless you have been notified of a more recent cancellation under other provisions of the policy. Note to Mortgagee: Your loan with this policyholder may have expired, however, this notice complies with the provision of our policy. Loan Number Mortgagee or Other Interest: CITY OF ROSEMEAD 8838 E VALLEY BLVD ROSEMEAD CA 91770 25-5096 502 MORTGAGEE, BUREAU, COMMISSIONS OR 01mR IN6RFST COPY A5096131 t 11 t A 263 CITY OF ROSEMEAD PROFESSIONAL SERVICES AGREEMENT ROSEMEAD BOULEVARD MEDIANS AND PARKWAYS LANDSCAPE DESIGN (JAMIE YAMASHITA, LANDSCAPE ARCHITECT) G11 2 ®�. PARTIES AND DATE. This Agreement is made and entered into this day of �,\ 20 l, L— (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 Jamie Yamashita, Landscape Architect, with its principal place of business at 163 N. Avenue 25, Los Angeles, CA 90031, ("Consultant'). City and Consultant are sometimes individually referred to herein as `Party" and collectively as 'Parties." 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 landscape design 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 landscape design services for the Rosemead Boulevard Medians and Parkways Project ("Project'), also referred to as "Services" 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 landscape design services necessary for the Project, herein referred to as "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, andall 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 December 31, 2012, unless earlier terminated as provided herein. Jamie Yamashita, Landscape Architect Page 2 of 10 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 is necessary to complete the Services 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. 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 Associate Engineer, 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 Jamie Yamashita, Landscape Architect Page 3 of 10 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 a 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. 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 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: Consultant shall execute and maintain its work so as to avoid Jamie Yamashita, Landscape Architect Page 4 of 10 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 Five Thousand Dollars ($5,000.00). 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 and 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 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' 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 Jamie Yamashita, Landscape Architect Page 5 of 10 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. 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: Jamie Yamashita, Landscape Architect Page 6 of .10 CONSULTANT: CITY: Jamie Yamashita, Landscape Architect 163 N. Avenue 25 Los Angeles, CA 90031 Attn: Jamie Yamashita Phone: (415) 640-4193 City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Rafael Fajardo - Associate Engineer Phone: (626) 569-2152 Fax: (626) 569-2303 - - -. ---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. - 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 Jamie Yamashita, Landscape Architect Page 7 of 10 generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification: To the fullest extent permitted bylaw, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, —liability,-loss,-damage-or_injury,-in-law -or.equity, to -property -or -persons, -including -wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, and Consultants arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official's officers, employees, agents, orvolunteers. 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. Jamie Yamashita, Landscape Architect Page 8 of 10 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_conven ience_and_ease_of_reference_on ly,_and-do-not-define, -limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, oramendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other, covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicitor 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 understate 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. Jamie Yamashita, Landscape Architect Page 9 of 10 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. 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] Jamie Yamashita, Landscape Architect Page 10 of 10 CITY OF ROSEMEAD By: u' -k If IV Chris Marcarello Date Director of Public Works Attest: -r Gloria Molleda, City Clerk 4Date( JAMIE YAMASHITA By. LV 11 / lZ Date Name,--Y,QV"5 Y YIs}h7� Title: A u C- -Tc--1 EXHIBIT A SCOPE OF SERVICES SEE REQUEST FOR PROPOSAL (RFP) AND CONSULTANT'S PROPOSAL A-1 Jaime Yamashita, Landscape Architecture Proposal for Rosemead Boulevard Medians and Parkway JY 411-1041 November 17, 2011 Client Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 T: 626-569-2151 F:626-307-9218 E: rfaiardoac cityofrosemead.org Landscape Architect Jaime Yamashita California License # 5571 163 N Avenue 25 Los Angeles, CA 90031 C:415-640-4193 E: yama.iaime cregmail.com Jaime Yamashita is pleased to submit this proposal to the City of Rosemead for Landscape Architectural Services as listed herein. Landscape architects are licensed by the State of California. Project: Rosemead Boulevard Medians and Parkway The purpose of this project is to provide photo renderings of proposed Rosemead Boulevard improvements and create planting and irrigation plans for the construction of newly designed medians and parkways of Rosemead Boulevard. The section to be designed begins at the train trestle on the north and continues to the northern side of Mission Drive on the south. Medians and parkway will be redesigned to compliment the City of Temple City proposed improvements. Photo perspectives of new medians, bike lanes, sidewalk treatments, lighting, signage/wayfinding, and planting will be provided. Once the conceptual work has been approved, construction document work will be done in coordination with the City of Rosemead's civil and electrical engineers. The City shall provide civil surveys in AutoCAD format with existing and proposed layout changes that include bikeway, sidewalk extension, and possible median realignment. Services shall include coordination meetings with the City of Rosemead and the contractor. Scope of Services: Landscape Architectural Services to be provided under this proposal are Conceptual layout of bikeway, sidewalk, lighting, and planting areas. Rendered section(s) to show proposed layout. 2. Photo rendering of proposed improvements to submit to the City for approval. Plant palette and recommended site amenities including lighting fixtures, paving colors/patterns, and signage. 4. Construction documents for planting and irrigation in the medians and parkway along Rosemead Boulevard between the train trestle and Mission Drive. In coordination with the City of Rosemead, the documents will include: A. Planting and Irrigation Plans B. Planting and Irrigation Details C. Coordination with the City's civil engineer on sidewalk, curbs, medians, and bike way D. Coordination with the City's electrical engineer on street/pedestrian lighting, tree uplighting, decorative lighting, and electrical connections for irrigation Technical specifications 6. Coordination with the City of Rosemead and other interested parties Pre -construction meeting (1) 8. Construction administrative support in the form of. A. Construction meeting attendance (up to 3 meetings) B. On-site review and inspection (up to 3 visits) C. Responses to RFls Compensation: The -Scope _of_Ser_vices to be_performed_undeL this_proposal_shall be the_stipulated.sum__________ of S 5,000.00. Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the Client, shall be compensated at a rate of $100 per hour. Supplemental services include but are not limited to: Additional meetings or site visits. Additional revision(s) beyond those described above. Monthly payments to the Landscape Architect shall be based on (1) the percentage of the Scope of Services completed, and shall include payments for (2) Supplemental Services performed, and (3) Expenses as listed in the fee breakdown. The Client's decisions, approvals, reviews, and responses shall be communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Landscape Architectural Services. The Client shall pay all fees required to secure jurisdictional approvals for the Project. If through no fault of the Landscape Architect the Scope of Services to be provided under this proposal has not been completed within six months of the initial notice to proceed, the compensation for services rendered after that time period shall be equitably adjusted. Client and Landscape Architect each agree to indemnify and hold harmless the other, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Client and Landscape Architect, they shall be borne by each party in proportion to its negligence. Respectfully submitted by Jaime Yamashita on November 17, 2011 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: —-C-ommercial-General-Liability-Insurance-using-Insurance-Services-Office-"Commercial General Liability' policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. 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 Cityfollowing receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000.00 per occurrence. LUE 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 licensed carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size Vll. 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 ity,its_officials,employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant 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. 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 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 obligation is not effective until City executes a written statement to that effect. 16_Consultant.shall-provide_p roof- 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 M Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Commercial Certificate of Insurance FARM E R s Agency • Dwaine Hayes I' Name . 150N San Dimas Ave Ste 101 Issue Date (MM/DD/YY) 04/18/2012 & • San Dimas, CA 91773-2661 Address • 909-394-5600 - This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the St. 29 Dist. 09 Agent 305 coverage afforded by the policies shown below. Companies Providing Coverage: Insured Company A Truck Insurance Exchange Letter Name JAIME YAMASHITA Company B Farmers Insurance Exchange & 163 N AVENUE 25 Leger company C Mid -Century Insurance Company Address LOS ANGELES, CA 90031 tter • D Company - Letter Coverages This is to certify that 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. Limits shown may have been reduced by paid claims. ' Co. Ltr. Type of Insurance Policy Number Effective DatPolie m m/Don ( t7 Date (mwriDm� ration Policy Limits B General Liability 604826949 08/08/2011 08/08/2012 General Aggregate $ 2,000,000 Products-Comp/OPS X Commercial General - Aggregate $ 1,000,000 Liability _ Personal & X - Occurrence Version Advertising Injury $ 1,000,000 Contractual - Incidental Each Occurrence $ 1,000,000 Only Fire Damage (Any one fire) $ 75,000 Owners & Contractors Prot. Medical Expense (Any one person) $ 5,000 Automobile Liability Combined Single All Owned Commercial Limit $ Autos Bodily InJury Scheduled Autos (Per person $ Hired Autos Bodily Injury (Per accident) $ Non -Owned Autos Garage Liability Property Damage $ Garage Aggregate $ Umbrella Liability Limit $ Workers' Compensation Statutory and Each Accident $ Disease -Poen Employee $ Employers' Liabilit Y Disease -Polity Limit $ Description of Operations/Vehicles/Restrictions/Special items: Landscape Architect / Planting & Irrigation Location(s): Various Projects are performed within the City of Rosemead Certificate Halder Cancellation CITY OF ROSEMEAD Should any of the above described policies be cancelled before the expiration date Name 8838E VALLEY BLVD, thereof, the issuing company will endeavor to mail 30 days written notice to the & ROSEMEAD, CA 91770 certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. Address DWAINE HAYES, AGENT • Authorized Representative 56-2492 4-94 . Copy Distribution: Service Center Copy and Agent's Copy H-91 4 283 CITY OF ROSEMEAD PROFESSIONAL SERVICES AGREEMENT GARVEY AVENUE MEDIANS LANDSCAPE DESIGN (JAMIE YAMASHITA, LANDSCAPE ARCHITECT) C' id4 PARTIES AND DATE. This Agreement is made and entered into this 11�nay of4p-,, ,, 20 I"Z___ (Effective Date) by and between the City of Rosemead, a municipal or anization 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 Jamie Yamashita, Landscape Architect, with its principal,place of business at 163 N. Avenue 25, Los Angeles, CA 90031, ("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 landscape design 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 landscape design services for the Garvey Avenue Medians Project ('Project'), also referred to as "Services" as setforth 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 landscape design services necessary for the Project, herein referred to as "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 December 31, 2012, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet Jamie Yamashita, Landscape Architect Page 3 of 10 3.2.6 Consultant's Representative: Consultant will designate a 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. 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 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 priorto the beginning of and forthe duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 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 Jamie Yamashita, Landscape Architect Page 4 of 10 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 Three Thousand Dollars ($3,000.00). 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 and 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 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" 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 Jamie Yamashita, Landscape Architect Page 5 of 10 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 fog 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: Jamie Yamashita, Landscape Architect 163 N. Avenue 25 Los Angeles, CA 90031 Attn: Jamie Yamashita Phone: (415) 640-4193 Jamie Yamashita, Landscape Architect Page 6 of 10 CITY: City of Rosemead P.O. Box 399 Rosemead. CA 91770 Attn: Rafael Fajardo—Associate Engineer Phone: (626) 569-2152 Fax: (626) 569-2303 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. 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. Jamie Yamashita, Landscape Architect Page 7 of 10 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification: To the fullest extent permitted by Iaw,.Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, and Consultants arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official's officers, employees, agents, or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. Jamie Yamashita, Landscape Architect Page 8 of 10 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. 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 solicitor 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 Jamie Yamashita, Landscape Architect Page 9 of 10 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. 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] Jamie Yamashita, Landscape Architect Page 10 of 10 CITY OF ROSEMEAD JAMIE YAMASHITA By: q1 111- By: Lj/ t l I Z Chris Marcarello DateDate Public Works Director Name�A-Irvg Y.AH N M -A Attest: Title:hSUI QCGfi1 YESG�1 L Gloria Molleda, City Clerk D to *A:IMkra SCOPE OF SERVICES SEE REQUEST FOR PROPOSAL (RFP) AND CONSULTANT'S PROPOSAL A-1 Jaime Yamashita, Landscape Architecture Proposal for Garvey Avenue Plan JY #11-1040 November 17, 2011 Client Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 T: 626-569-2151 F:626-307-9218 E: rfaiardoAcityofrosemead.org Landscape Architect Jaime Yamashita California License # 5571 163 N Avenue 25 Los Angeles, CA 90031 C:415-640-4193 E:yama.jaimena,Qmail.com Jaime Yamashita is pleased to submit this proposal to the City of Rosemead for Landscape Architectural Services as listed herein. Landscape architects are licensed by the State of California. Project: Garvey Avenue Plan The purpose of this project is to create planting and irrigation plans for the construction of new landscaping, modified irrigation, and new hardscaping within the medians along Garvey Avenue. The section to be designed begins at Charlotte Avenue on the west and continues to Sullivan Avenue on the east. A total of nine (9) medians will be designed. New river rock and mowstrips will be placed in the nose cones and landscaping will consist of color splashes at the nose cones. Larger medians will have an additional, different landscape design in the center for added interest. Most existing trees will be protected in place. Existing roses will be repotted and returned to the City. Minor irrigation modification will involve capping lateral lines and adjusting the location of existing spray heads. Services shall include coordination meetings with the City of Rosemead and the contractor. Scope of Services: Landscape Architectural Services to be provided under this proposal are Construction documents for nine medians along Garvey Avenue between Charlotte Avenue and Sullivan Avenue. In coordination with the City of Rosemead, the documents will include: A. Planting, Modified Irrigation, and Hardscape Plans B. Planting and Hardscape Details 2. Technical specifications 3. Coordination with the City of Rosemead 4. ' Pre -construction meeting (1) 5. Construction administrative support in the form of: A. Construction meeting attendance (up to 3 meetings) B. On-site review and inspection (up to 3 visits) C. Responses to RFIs Compensation: The Scope of Services to be performed under this proposal shall be the stipulated sum of $ 3,000.00. Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the Client, shall be compensated at a rate of $100 per hour. Supplemental services include but are not limited to: 1. Additional meetings or site visits. 2. Additional revision(s) beyond those described above. Monthly payments to the Landscape Architect shall be based on (1) the percentage of the Scope of Services completed, and shall include payments for (2) Supplemental Services performed, and (3) Expenses as listed in the fee breakdown. The Client's decisions, approvals, reviews, and responses shall be communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Landscape Architectural Services. The Client shall pay all fees required to secure jurisdictional approvals for the Project. If through no fault of the Landscape Architect the Scope of Services to be provided under this proposal has not been completed within six months of the initial notice to proceed, the compensation for services rendered after that time period shall be equitably adjusted. Client and Landscape Architect each agree to indemnify and hold harmless the other, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Client and Landscape Architect, they shall be borne by each party in proportion to its negligence. Respectfully submitted by Jaime Yamashita on November 17, 2011 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 using Insurance Services Office "Commercial General Liability' policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. 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 $1,000,000.00 per occurrence. ME 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 licensed carriers in the state of California and with an A.M. Bests rating of A- orbetter 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: Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant 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. RIN 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 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. L 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 M Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Commercial Certificate of Insurance FARM E Rs Agency • Dwaine Hayes Name . 150 N San Dimas Ave Ste 101 Issue Date (MM/DD/YY) 04/18/2012 & • San Dimas, CA 91773-2661 Address • 909-394-5600 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the 29 09 305 coverage afforded by the policies shown below. St. Dist. Agent Companies Providing Coverage: Insured Company A Truck Insurance Exchange Letter Name . JAIME YAMASHITA Company B Farmers Insurance Exchange & • 163N AVENUE 25 Letter CMid-Century Insurance Company Address • LOS ANGELES, CA 90031 LLetterp�y Company Letter Coverages This is to certify that 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. Limits shown may have been reduced by paid claims. Co. Lir. Type of Insurance yp Policy Number y Policy Effective Date (MM/DD/YY) Policy Expiration Date (MM/DD/YY) policy Limits B General Liability 604826949. 08/08/2011 08/08/2012 General Aggregate $ 2,000,000 Products-Comp/OPS X Commercial General Aggregate $ 1,000,000 Liability Personal & K - Occurrence Version Advertising Injury $ 1,000,000 Contractual - Incidental Each Occurrence $ 1,000,000 OnlyFire Damage (Any one fire) $ 75,000 Owners & Contractors Prot. Medical Expense (Any one person) $5,000 Automobile Liability Combined Single All Owned Commercial Limit $ Autos Bodily In' (Per person Scheduled Autos $ Hired Autos Bodily Injury _ $ Non -Owned Autos (Per accident) Garage Liability Property Damage $ Garage Aggregate $ Umbrella Liability Limit $ Workers' Compensation Statutory and Each Accident $ . Disease- Each Employee $ Employers' Liability Disease- Policy Limit $ Description of Operations/Vehicles/Restrictions/Special items: Landscape Architect/ Planting & Irrigation -Location(s): Various Projects are performed within the City of Rosemead Certificate Holder Cancellation CITY OF ROSEMEAD Should any of the above described policies be cancelled before the expiration date Name 8838 E VALLEY BLVD, thereof, the issuing company will endeavor to mail 30 days written notice to the & ROSEMEAD, CA 91770 certificate holder named to the left, but failure to mail such notice shall impose no Address obligation or liability of any kind upon the company, its agents or representatives. DWAINE HAYES, AGENT Authorized Representative 56-2992 4-94 Copy Distribution: Service Center Copy and Agent's Copy H -or Jamie Yamashita, Landscape Architect Page 2 of 10 any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this agreement is necessary to complete the Services 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 bylaw. 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. 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 Associate Engineer, 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. THIOORSEMENT CHANGES THE POLICY: NEEASE READ ITOFULLY. E4277 Policy Number: 60482-69-49 1 S Edition POLICY CHANGES Effective Date'of Change: 11/04/11 Expiration Date: .,08/08/12;,;- Change Endorsement No.: AgenT-,29209 305, 'e + Named Insured: YAMASHITA, JAIME LIQ � wlri Jif-,fZW ,O t�b ,JAIME YAMASHITA 163 N AVENUE 25 DEC 1:5 2011 LOS ANGELES CA 90031-1844 �n CITY CLEi`R> `S UT ICI!, By The following item(s): is (are) changed to read (See Additional Page(s)): The above amendments result in a change in the premium as follows: No Changes I I To Be Adjusted At Audit I Additional Premium I Return Premium Authorized Representative Signature: �& FARM ERS 9IA277 ISTEOITION 702 Indude CeppigMed MoieiictImianceServices Ofhce,Inc,wllh Nspeinis�an. 14277101 PAGE I OF 2 E4277{01 Insured's Name Insured's Mailing Address Policy Number Company Effective / Expiration Date Insured's Legal Status / Business of Insured Payment Plan Premium Determination Additional Interested Parties Coverage Forms and Endorsements Limits / Exposures Deductibles Covered Property / Location Description Classification / Class Codes Rates Underlying Insurance is (are) changed to read (See Additional Page(s)): The above amendments result in a change in the premium as follows: No Changes I I To Be Adjusted At Audit I Additional Premium I Return Premium Authorized Representative Signature: �& FARM ERS 9IA277 ISTEOITION 702 Indude CeppigMed MoieiictImianceServices Ofhce,Inc,wllh Nspeinis�an. 14277101 PAGE I OF 2 E4277{01 0 ' 0 A b i 11VI :I Z WHITMORE RESURFACING, LANDSCAPE(JAMIE YAMASHITA, This Agreement shall be our Agreement regarding the landscape architectural design described below ("Services") to be provided by Jaime Yamashita, Landscape Architect ("Consultant") as an independent consultant to the City of Rosemead for: Architectural and Irrigation Plans for Whitmore Resurfacing, Phase 2. ("Project"). The Services to be provided include the following: prepare construction documents including planting plan, irrigation plan, planting and irrigation details (See Attached Consultant's Proposal). 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, and consistent with all applicable laws. 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. Compensation for the above services shall be based on the actual amount of time spent in adequately performing the Services, and shall be billed at not to exceed amount of One Thousand Eight Hundred Dollars ($1,800.00). 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" 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. Jaime Yamashita, Landscape Architect Whitmore Resurfacing, Phase 2 Page 2 of 3 Consultant shall provide proof of commercial general liability insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Services. If Consultant is an employer or otherwise hires one or more employees during the term of this Project, Consultant shall also provide proof of workers compensation coverage for such employees, which meets all requirements of state law. Invoices shall be submitted to the City monthly as performance of the Services progresses. City shall review and pay the approved charges on such invoices in a timely manner. Services on the Project shall begin immediately and be completed by July 31, 2011, unless extended by the City in writing. The City may terminate this Agreement at any time with or without cause. If the City finds it necessary to terminate this Agreement without cause before Project completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Agreement for cause only. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and consultants arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.] Consultant warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Consultant hereto. If you agree with the terms of this Agreement, please indicate by signing and dating three (3) original agreement copies where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. [signatures on next page] Jaime Yamashita, Landscape Architect Whitmore Resurfacing, Phase 2 Page 3 of 3 Approved by: NMUL& Chris Marcarello Director of Public Works Attest: 41 Date v\ ` qI( loria Molleda ale City Clerk Jaime Yamashita, Landscape Architect Reviewed and Accepted by Consultant: SigrOure dctwve `%vw-gWr Name Title q / SIM Date Jaime Yamashita, Landscape Architecture Proposal for Whitmore East Plans JY #11-1036 March 21, 2011 Client Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 T:626-569-2151 F:626-307-9218 E: rfaiardona,cityofrosemead.org Landscape Architect Jaime Yamashita California License # 5571 163 N Avenue 25 Los Angeles, CA 90031 C:415-640-4193 E: yama.jaimena,gmail.com Jaime Yamashita is pleased to submit this proposal to the City of Rosemead for Landscape Architectural Services as listed herein. Landscape architects are licensed by the State of California. Project: Whitmore East Construction Plans The purpose of this project is to create plans for the construction of a landscaped and irrigated cul-de-sac on Whitmore Avenue. The planting will include trees and bioswale planting in coordination with the street reconstruction on Whitmore Avenue. Services shall include coordination meetings with the City of Rosemead and the contractor. Scope of Services: Landscape Architectural Services to be provided under this proposal are Construction documents for Whitmore Avenue East. In coordination with the City of Rosemead, the documents will include: A. Planting Plan B. Irrigation Plan C. Planting and Irrigation Details Technical specifications Coordination with the City of Rosemead and up to two (2) sets of revisions. Compensation: The Scope of Services to be performed under this proposal shall be the stipulated sum of $ 1,800.00. Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the Client, shall be compensated at a rate of $100 per hour. Supplemental services include but are not limited to: 1. Additional meetings or site visits. 2. Additional revision(s) beyond those described above. Monthly payments to the Landscape Architect shall be based on (1) the percentage of the Scope of Services completed, and shall include payments for (2) Supplemental Services performed, and (3) Expenses as listed in the fee breakdown. The Client's decisions, approvals, reviews, and responses shall be communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Landscape Architectural Services The Client shall pay all fees required to secure jurisdictional approvals for the Project. If through no fault of the Landscape Architect the Scope of Services to be provided under this proposal has not been completed within six months of the initial notice to proceed, the compensation for services rendered after that time period shall be equitably adjusted. Client and Landscape Architect each agree to indemnify and hold harmless the other, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, or expenses are caused by the indemnifying parry's negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Client and Landscape Architect, they shall be borne by each party in proportion to its negligence. Respectfully submitted by Jaime Yamashita on March 21, 2011. Commercial Certificate of Insurance FARMERS' Agency , Dwaine Hayes Issue Date 06 22 2010 & • San Dimas, CA 91 773-266 1 Address • 909-394-5600 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the St. 29 Dist. 09 Agent 305 coverage afforded by the policies shown below. Companies Providing Coverage: Insured Company A Truck Insurance Exchange Jaime Yamashita Letter Name DBA: JAIME YAMASHITA Company B Farmers Insurance Exchange 163 N AVENUE 25 Leiter& CMid-Century Insurance Company Address LOS ANGELES, CA 90031 Leiter Company Letter Coverages This is to certify that 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. Limits shown may have been reduced by paid claims. Co. Ltr. Type of Insurance YP Policy Number Y Policy Effective Date (MM/no/vv) Policy Expiration Date (MM/oo/vt) Policy Limits y B General Liability 604826949 06/07/2010 06/07/2011 General Aggregate $ 2,000,000 Products-Comp/OPS X Commercial General - Aggregate $ 1,000,000 Liability Personal & X - Occurrence Version Advertising Injury $ 1,000,000 Contractual -Incidental Each Occurrence $ 1,000,000 Only Fire Damage (Any one fire) $ 75,000 Owners & Contractors Prot. Medical Expense (Any one person) $ 5,000 Automobile Liability Combined Single All Owned Commercial Limit $ Autos Bodily Injury Scheduled Autos (Per person) $ Hired Autos i Bodily Injury (Per accident) $ Non -Owned Autos Garage Liability I Property Damage $ Garage Aggregate $ Umbrella Liability Limit $ Workers' Compensation Statutory Each Accident $ and Disease - Each Fmployee $ Employers' Liability Disease - Policy Limit $ Description of Operations/Vehicles/Restrictions/Special items: Landscape Architect / Planting & Irrigation Location (s): Various Projects are preformed within the City of Rosemead Endorsement -(IF APPLICABLE, WILL BE DELIVERED WITH POLICY) Certificate Holder Cancellation CITY OF ROSEMEAD Should any of the above described policies be cancelled before the expiration date Name 8838E VALLEY BLVD, thereof, the issuing company will endeavor to mail 30 days written notice to the & ROSEMEAD, CA 91770 certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. Address r' ^' A��/l Dwaine Hayes AgenF�ykVndWp'e_ Authorized Representative 56-2492 4-94 Copy Ji$tribution: ,ervice Center Copy and Agent s ropy ' C11005 Agreement for Landscape Architectural Design Services Landscape Architectural Plans for Del Mar Avenue Medians This Agreement shall be our Agreement regarding the landscape architectural design described below ("Services') to be provided by Jaime Yamashita, Landscape Architect ("Consultant") as an independent consultant to the City of Rosemead for: Architectural and Irrigation Plans for Del Mar Ave. Medians between Fwy. 10 and Hellman Ave. ("Project"). The Services to be provided include the following: prepare construction documents including planting plan, irrigation plan, planting and irrigation details, technical specifications and project cost (See Attached Consultant's Proposal). 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, and consistent with all applicable laws. 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. Compensation for the above services shall be based on the actual amount of time spent in adequately performing the Services, and shall be billed at not to exceed amount of three thousands one hundred dollars ($3,150.00). 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" 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. Consultant shall provide proof of commercial general liability insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Services. If Consultant is an employer or otherwise hires one or more employees during Jaime Yamashita, Landscape Architect Design of Del Mar Ave. Medians Paqe 2 of 3 the term of this Project, Consultant shall also provide proof of workers compensation coverage for such employees, which meets all requirements of state law. Invoices shall be submitted to the City monthly as performance of the Services progresses. City shall review and pay the approved charges on such invoices in a timely manner. Services on the Project shall begin immediately and be completed by June 30, 2011, unless extended by the City in writing. The City may terminate this Agreement at any time with or without cause. If the City finds it necessary to terminate this Agreement without cause before Project completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Agreement for cause only. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and consultants arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.] Consultant warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Consultant hereto. If you agree with the terms of this Agreement, please indicate by signing and dating three (3) original agreement copies where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. [signatures on next page] Jaime Yamashita, Landscape Architect Design of Del Mar Ave. Medians Page 3 of 3 CITY OF ROSEMEAD Approved by: Chris Marcarello Date Deputy Director of PW Attest: _ 1 U Gloria Molleds fd Date City Clerk- Jaime Yamashita, Landscape Architect Reviewed and Accepted by Consultant: Si nature Yet-" P�'I-m-TA Name 00 QQz-, cFr��rec� Title (0K2,3/ ZotO Date Jaime Vamachita_ Landscape -Architecture Proposal for Del Mar Medians Construction Plan JY #10-1031 June 17, 2010 Client Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 T: 626-569-2151 F:626-307-9218 E: rfaiardo(cityofrosemead.ora Landscape Architect Jaime Yamashita California License# 5571 163 N Avenue 25 Los Angeles, CA 90031 C:415-640-4193 E: vama.iaime(a).email.com Jaime Yamashita is pleased to submit this proposal to the City of Rosemead for Landscape Architectural Services as listed herein. Landscape architects are licensed by the State of California. Project: Del Mar Medians Construction Plans The purpose of this project is to create planting and irrigation plans for the construction of new landscaping and irrigation along Del Mar Avenue between Interstate 10 and Hellman Avenue. The project shall include new irrigation, river rock paving, and one monument signage. Services shall include coordination meetings with the City of Rosemead and the contractor. Scope of Services: Landscape Architectural Services to be provided under this Proposal are Construction documents for Del Mar Avenue Medians located between Interstate 10 and Hellman Avenue. In coordination with the City of Rosemead, the documents will include: A. Planting Plan B. Irrigation Plan C. Planting and Irrigation Details D. River Rock Paving E. Monument Signage in coordination with Quickcrete (no electrical included) 2. Technical specifications Coordination with the City of Rosemead 4. Pre -construction meeting (1) Construction administrative support in the form of: A. Construction meeting attendance (up to 3 meetings) B. On-site review and inspection (up to 3 visits) C. Responses to RFls Compensation: The Scope of Services to be performed under this proposal shall be the stipulated sum of $ 3,1 50.00. One set of mylar prints is included in this fee. Fee Breakdown: Construction Plans: $2,900.00 Reproduction Costs (1 set of mylar prints): $ 250.00 Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the Client, shall be compensated at a rate of $100 per hour. Supplemental services include but are not limited to: Additional meetings or site visits. Additional revision(s) beyond those described above. Monthly payments to the Landscape Architect shall be based on (1) the percentage of the Scope of Services completed, and shall include payments for (2) Supplemental Services performed, and (3) Expenses as listed in the fee breakdown. The Client's decisions, approvals, reviews, and responses shall be communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Landscape Architectural Services. The Client shall pay all fees required to secure jurisdictional approvals for the Project. If through no fault of the Landscape Architect the Scope of Services to be provided under this Proposal has not been completed within six months of the initial notice to proceed, the compensation for services rendered after that time period shall be equitably adjusted. Client and Landscape Architect each agree to indemnify and hold harmless the other, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Client and Landscape Architect, they shall be borne by each party in proportion to its negligence. Respectfully submitted by Jaime Yamashita on .Tune 17, 2010 Commercial Certificate of Insurance FARMERS" Agency Dwaine Hayes t S-A LESTIssue Date 7D 06/22 2010 & • San Dimas, CA 91773-2661 Address • 909-394-5600 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the St. 29 Dist. 09 Agent 305 coverage afforded by the policies shown below. Companies Providing Coverage: Insured Company A Truck Insm':mce Exchange • Jaime Yamashita LOW Name DBA: JAIME YAMASHITA company B Farmers Insurance Exchange & 163 N AVENUE 25 Lever Company CMid-Century Insurance Company Address LOS ANGELES, CA 90031 Company Lever Coverages This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term of 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. Limits shown may have been reduced by paid claims. Co. La. Type of Insurance yP Policy Number y Policy Effective Date (MM/DD/YY) Policy Expiration Date (MM/DD/YY) Policy Limits B General Liability 604826949 06/07/2010 06/07/2011 General Aggregate $ 21000,000 Products-Comp/OPS X Commercial General Aggregate $ 1,000,000 Liability Personal & X - Occurrence Version Advertising Injury $ 1,000,000 Contractual - Incidental - Each Occurrence $ 1,000,000 onlyFire Damage (Any one fire) $ 75,000 Owners & Contractors Prot. Medical Expense (Any one person) $ 5,000 Automobile Liability Combined Single All Owned Commercial Limit $ Autos Bodily Imury Scheduled Autos (Per person) $ Hired Autos Bodily Injury $ Non -Owned Autos (Per accident) Caraoe Liability P roperty Damage $ Garage Aggregate $ Umbrella Liability Limit $ Workers' Compensation Statutory and Each Accident $ Disease - Fach Employee $ Employers' Liability Disease - Policy Limit $ Description of Operations/Vehicles/Restrictions/Special items: Landscape Architect / Planting & Irrigation Location (s): Various Projects are preformed within the City of Rosemead Endorsement- (IF APPLICABLE, WILL BE DELIVERED WITH POLICY) Certificate Holder Cancellation • CITY OF ROSEMEAD Should any of the above described policies be cancelled before the expiration date Name $$3S E VALLEY BLVD, thereof, the issuing company will endeavor to mail 30 days written notice to the & ROSEMEAD, CA 91770 certificate holder named to the left, but failure to mail such notice shall impose no Address obligation or liability of anykindupon the company, its agents or representatives. L Dwaine Hayes, Agcnr_nd(/iriz'�-��� Authorized Representative / 56-2492 4-94 Copy Distribution: Service Center Copy and Agent's Copy 1-101 49-40 -- (tors - o) :>- 1,F2'�-S� ,, I' RQT Agreement for Landscape Architectural Design Services Architectural Design for Mini Plaza at S/W Corner of S. Gabriel & Garvey This Agreement shall be our Agreement regarding the landscape architectural design described below ("Services") to be provided by Jaime Yamashita, Landscape Architect ("Consultant") as an independent consultant to the City of Rosemead for: Architectural Design for a Mini Plaza at Southwest Corner of San Gabriel Blvd. and Garvey Ave. ("Project"). The Services to be provided include the following: prepare construction documents including planting plan, irrigation plan, planting and irrigation details, technical specifications and project cost (See Attached Consultant's Proposal). 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, and consistent with all applicable laws. 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. Compensation for the above services shall be based on the actual amount of time spent in adequately performing the Services, and shall be billed at not to exceed amount of two thousands seven hundred fifty dollars ($2,750.00). 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' 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. Consultant shall provide proof of commercial general liability insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Jaime Yamashita, Landscape Architect Design of Mini Plaza at S. Gabriel and Garvey Paoe 2 of 3 Services. If Consultant is an employer or otherwise hires one or more employees during the term of this Project, Consultant shall also provide proof of workers compensation coverage for such employees, which meets all requirements of state law. Invoices shall be submitted to the City monthly as performance of the Services progresses. City shall review and pay the approved charges on such invoices in a timely manner. Services on the Project shall begin immediately and be completed by June 30, 2011, unless extended by the City in writing. The City may terminate this Agreement at any time with or without cause. If the City finds it necessary to terminate this Agreement without cause before Project completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Agreement for cause only. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and consultants arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.] Consultant warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Consultant hereto. If you agree with the terms of this Agreement, please indicate by signing and dating three (3) original agreement copies where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. [signatures on next page] Jaime Yamashita, Landscape Architect Design of Mini Plaza at S. Gabriel and Garvey Page 3 of 3 CITY OF ROSEMEAD Approved by: Chris Marcarello Deputy Director of PW Attest: Jaime Yamashita, Landscape Architect Reviewed and Accepted by Consultant: Date bignature r= - �TM M YkM ASMMA Name DoAci2-, tAt' JSCAVV- A*t(-M-cl Title 6/ 23 / ?a I -D Date Jaime Yamashita_ T andScane Architec REe Proposal for San Gabriel and Garvey Mini -Plaza Construction Plans JY 410-1033 .lune 17, 2010 Client Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 T: 626-569-2151 F: 626-307-9218 E: rfaiardo(a?cityofrosemead.om Landscape Architect Jaime Yamashita California License # 5571 163 N Avenue 25 Los Angeles, CA 90031 C:415-640-4193 E:yania.iaime(@,,email.com Jaime Yamashita is pleased to submit this proposal to the City of Rosemead for Landscape Architectural Services as listed herein. Landscape architects are licensed by the State of California. Project: San Gabriel and Garvey Mini -Plaza Construction Plans The purpose of this project is to create plans for the construction of a mini -plaza located at the southwest comer of San Gabriel and Garvey. New landscaping, irrigation and street art will be placed in the existing planting area. Services shall include coordination meetings with the City of Rosemead and the contractor. Scope of Services: Landscape Architectural Services to be provided under this proposal are Construction documents for the mini -plaza located at the southwest corner of San Gabriel and Garvey. In coordination with the City of Rosemead, the documents will include: A. Planting Plan B. Irrigation Plan C. Planting and Irrigation Details D. Street Art Selection and Placement (up to 5 public art pieces will be presented to the city) E. Monument Signage (as an alternative to Street Art) F. Selection of lighting fixtures (no electrical plans shall be included) 2. Technical specifications Coordination with the City of Rosemead 4. Pre -construction meeting (1) Construction administrative support in the form of: A Constru tc ion mecting_attelidance (up r _3 meetings) B. On-site review and inspection (up to 3 visits) C. Responses to RFIs Compensation: The Scope of Services to be performed under this proposal shall be the stipulated sum of $ 2,750.00. One set of mylar prints is included in this fee. Fee Breakdown: Construction Plans: $2,500.00 Reproduction Costs (1 set of mylar prints): S 250.00 Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the Client, shall be compensated at a rate of $100 per hour. Supplemental services include but are not limited to: 1. Additional meetings or site visits. 2. Additional revision(s) beyond those described above. Monthly payments to the Landscape Architect shall be based on (1) the percentage of the Scope of Services completed, and shall include payments for (2) Supplemental Services performed, and (3) Expenses as listed in the fee breakdown. The Client's decisions, approvals, reviews, and responses shall be communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Landscape Architectural Services. The Client shall pay all fees required to secure jurisdictional approvals for the Project. If through no fault of the Landscape Architect the Scope of Services to be provided under this proposal has not been completed within six months of the initial notice to proceed, the compensation for services rendered after that time period shall be equitably adjusted. Client and Landscape Architect each agree to indemnify and hold harmless the other, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Client and Landscape Architect, they shall be borne by each party in proportion to its negligence. Respectfully submitted by Jaime Yamashita on June 17, 2010 Commercial Certificate of Insurance &WFARMERS' Agency • Dwaine Hayes Name -50'N-$AII1-DIMAS-AVE-STE 1 u e— (Mivb'DDtYY) 722i201 & • San Dimas, CA 91773-2661 Address • 909-394-5600 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the St. 29 Dist. 09 Agent 305 coverage afforded by the policies shown below. Companies Providing Coverage: Insured Company A Truck Insurance Exchange Jaime Yamashita' Name DBA: JAIME YAMASHITA timer Company B Farmers Insurance Exchange & 163 N AVENUE 25 Letter Company C Mid -Century Insurance Company Address LOS ANGELES, CA 90031 Letter Company Letter Coverages This is to certify that 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. Limits shown may have been reduced by paid claims. Co. Lu. Type of Insurance yp Policy Number y Policy Effective Date (MM/DD/YY) Policy Expiration Date (MWDDAY) Policy Limits B General Liability 604826949 06/07/2010 06/07/2011 General Aggregate Products-Comp/OPS $ 2,000,000 X Commercial General Aggregate $ 1,000,000 Liability Personal & X - OccurrenceVersion Advertising Injury $ 1,000,000 Contractual - Incidental Each Occurrence $ 1,000,000 Only Fire Damage (Any one fire) $ 75,000 Owners & Contractors Prot. Medical Expense (Any one person) $ 5,000 Automobile Liability Combined Single Limit $ All Owned Commercial Autos Bodily In'ury (Per person $ Scheduled Autos I Hired Autos I Bodily Injury (Per t) $ Non -Owned Autos Propeertyrty Damage $ Garage Liability � Garage Aggregate $ I Umbrella Liability Limit $ Workers' Compensation Statutory Each Accident $ and Disease - Each Employee $ Employers' Liability Disease - Policy Limit $ Description of Operations/Vehicles/Restrictions/Special items: Landscape Architect / Planting & Irrigation Location (s): Various Projects are preformed within the City of Rosemead Endorsement- (IF APPLICABLE, WILL BE DELIVERED WITH POLICY) Certificate Holder Cancellation CITY OF ROSEMEAD Should any of the above described policies be cancelled before the expiration date Name 8838E VALLEY BLVD, thereof, the issuing company will endeavor to mail 30 days written notice to the & ROSEMEAD, CA 91770 certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. Address /fl/77X4, ���� ""TQ6/� Dwaine Hayes,Agenr-4 W';F--/ Authorized Representative 56-2492 4-94 Copy Distribution: Service Center Copy and Agents Copy ^ W 44o — Yit s; — 01 Cep+ ?3/'4 C11906 Agreement for Landscape Architectural Design Services Landscape Architectural Plans for Marshall Ave. Medians This Agreement shall be our Agreement regarding the landscape architectural design described below ("Services") to be provided by Jaime Yamashita, Landscape Architect ("Consultant") as an independent consultant to the City of Rosemead for: Median Architectural and Irrigation Plans for Marshall Ave. between Ivar Ave. and Rio Hondo Ave. ("Project"). The Services to be provided include the following: prepare construction documents including planting plan, irrigation plan, planting and irrigation details, technical specifications and project cost (See Attached Consultant's Proposal). 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, and consistent with all applicable laws. 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. Compensation for the above services shall be based on the actual amount of time spent in adequately performing the Services, and shall be billed at not to exceed amount of three thousands four hundred dollars ($3,400.00). 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" 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. Consultant shall provide proof of commercial general liability insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Jaime Yamashita, Landscape Architect Design of Marshall Medians Paoe 2 of 3 Services. If Consultant is an employer or otherwise hires one or more employees during the term of this Project, Consultant shall also provide proof of workers compensation coverage for such employees, which meets all requirements of state law. Invoices shall be submitted to the City monthly as performance of the Services progresses. City shall review and pay the approved charges on such invoices in a timely manner. Services on the Project shall begin immediately and be completed by December 31, 2010, unless extended by the City in writing. The City may terminate this Agreement at any time with or without cause. If the City finds it necessary to terminate this Agreement without cause before Project completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Agreement for cause only. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and consultants arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.] Consultant warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Consultant hereto. If you agree with the terms of this Agreement, please indicate by signing and dating three (3) original agreement copies where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. [signatures on next page] Jaime Yamashita, Landscape Architect Design of Marshall Medians Page 3 of 3 CITY OF ROSEMEAD Approved by: Jaime Yamashita, Landscape Architect Reviewed and Accepted by Consultant: Chris Marcarello Date Si6nature Deputy Director of PW Name WOLF— UkOSC61 � MU -0 -IU --f Title (n / 2-'72/ Zot o Date iaimP Van;aghita T__� _anricrapn Arehitectu e Proposal for Marshall Medians Construction Plan JY #10-1030 ,Tune 16. 2010 Client Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 T: 626-569-2151 F:626-307-9218 E: rfaiardo(a),citvofrosemead.org Landscape Architect Jaime Yamashita California License # 5571 163 N Avenue 25 Los Angeles, CA 90031 C:415-640-4193 E: vama.iaime(a),amail.com Jaime.Yamashita is pleased to submit this proposal to the City of Rosemead for Landscape Architectural Services as listed herein. Landscape architects are licensed by the State of California. Project: Marshall Medians Construction Plans The purpose of this project is to create planting and irrigation plans for the construction of new landscaping and irrigation along Marshall Avenue between Ivar and Rio Hondo. Existing trees and water line connection shall remain. Services shall include coordination meetings with the City of Rosemead and the contractor. Scope of Services: Landscape Architectural Services to be provided under this Proposal are Construction documents for Marshall Avenue Medians located between Ivar and Rio Honda In coordination with the City of Rosemead, the documents will include: A. Planting Plan B. Irrigation Plan C. Planting and Irrigation Details 2. Technical specifications Coordination with the City of Rosemead 4. Pre -construction meeting (1) Construction administrative support in the form of: A. Construction meeting attendance (up to 3 meetings) B. On-site review and inspection (up to 3 visits) C. Responses to RFIs Compensation _The Supe of Services to he performed unde tL1h s4?mpQsal-shalLbe-thirstipulaicd-sumn of $ 3,400.00. One set of mylar prints is included in this fee. Fee Breakdown: Construction Plans: $2,500.00 Liability Insurance: $ 650.00 Reproduction Costs (1 set of mylar prints): $ 250.00 Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the Client, shall be compensated at a rate of $100 per hour. Supplemental services include but are not limited to: 1. Additional meetings or site visits. 2. Additional revision(s) beyond those described above. Monthly payments to the Landscape Architect shall be based on (1) the percentage of the Scope of Services completed, and shall include payments for (2) Supplemental Services performed, and (3) Expenses as listed in the fee breakdown. The Client's decisions, approvals, reviews, and responses shall be communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Landscape Architectural Services The Client shall pay all fees required to secure jurisdictional approvals for the Project. If through no fault of the Landscape Architect the Scope of Services to be provided under this Proposal has not been completed within six months of the initial notice to proceed, the compensation for services rendered after that time period shall be equitably adjusted. Client and Landscape Architect each agree to indemnify and hold harmless the other, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Client and Landscape Architect, they shall be home by each parry in proportion to its negligence. Respectfully submitted by Jaime Yamashita on June 17, 2010 Commercial Certificate of Insurance FARMERS' Agency Dwaine Hayes Name0-N-SAN-DIMA-S-AV-E CST 10 Issue Uate /DD7M 2-272- Ed - & San Dimas, CA 91773-2661 Address 909-394-5600 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the St. 29 Dist. 09 Agent 305 coverage afforded by the policies shown below. Companies Providing Coverage: Insured Company A Truck Insurance Exchange . Jaimc Yamashita Letter Name . DBA: JAIME YAMASHITA company B Farmers Insurance Exchange • 163 N AVENUE 25 Letter& Company Mid -Century Insurance Company Address • LOS ANGELES, CA 90031 tter Company Leper - Coverages This is to certify that 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. Limits shown may have been reduced by paid claims. - Co. Ltr. Type of Insurance Policy Number Policy Effective Date (MM/DD/yy) Policy Expiration Date (MM/DD/yl') Policy Limits B General Liability 604826949 06/07/2010 06/07/2011 General Aggregate $ 2,000,000 Products-Comp/OPS X Commercial General Aggregate $ 1,000,000 Liability Personal & X - Occurrence Version Advertising Injury $ 1,000,000 Contractual - Incidental Each Occurrence $ 1,000,000 Only Fire Damage (Any one fire) $ 75,000 Owners & Contractors Prot. Medical Expense (Any one person) $ 5,000 Automobile Liability Combined Single All Owned Commercial Limit $ Autos Bodily In,1'ury Scheduled Autos (Per person) $ Hired Autos Bodily Injury (Per accident) $ Non -Owned Autos Carage Liability � Property Damage $ Garage Aggregate $ Umbrella Liability Limit $ Workers' Compensation Statutory and Each Accident $ Employers' Liability Disease - Fach Employee Disease - Policy Limit $ $ Description of Operations/Vehicles/Restrictions/Special items: Landscape Architect / Planting & Irrigation Location (s): Various Projects are preformed within the City of Rosemead Endorsement- (IF APPLICABLE, WILL BE DELIVERED WITH POLICY) Certificate Holder Cancellation CITY OF ROSEMEAD Should any of the above described policies be cancelled before the expiration date Name 8838 E VALLEY BLVD, thereof, the issuing company will endeavor to mail 30 days written notice to the & ROSEMEAD, CA 91770 certificate holder named to the left, but failure to mail such notice shall impose no Address obligation or liability of any kind upon the company, its agents or representatives. .41�'�'/ ����'' `"'T`���� Dwaine Hayes, Agenl(/i/'7r'-�' Authorized Representative 5e-2482 4-94 Copy Distribution: Service Center Copy and Agent's Copy n or E11904 Agreement for Landscape Architectural Design Services Landscape Architectural Plans for San Gabriel Blvd. Medians This Agreement shall be our Agreement regarding the landscape architectural design described below ("Services") to be provided by Jaime Yamashita, Landscape Architect ("Consultant") as an independent consultant to the City of Rosemead for: Architectural and Irrigation Plans for San Gabriel Blvd. Medians between Fwy. 10 and Hellman Ave. ("Project"). The Services to be provided include the following: prepare construction documents including planting plan, irrigation plan, planting and irrigation details, technical specifications and project cast (See Attached Consultant's Proposal). 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, and consistent with all applicable laws. 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. Compensation for the above services shall be based on the actual amount of time spent in adequately performing the Services, and shall be billed at not to exceed amount of three thousands one hundred fifty dollars ($3,150.00). 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" 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. Consultant shall provide proof of commercial general liability insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Jaime Yamashita, Landscape Architect Design of San Gabriel Blvd. RAebians P;�f p 2 '-)f ,- Services. If Consultant is an employer or otherwise hires one or more employees during the term of this Project, Consultant shall also provide proof of workers compensation coverage for such employees, which meets all requirements of state law. Invoices shall be submitted to the City monthly as performance of the Services progresses. City shall review and pay the approved charges on such invoices in a timely manner. Services on the Project shall begin immediately and be completed by June 30, 2011, unless extended by the City in writing. The City may terminate this Agreement at any time with or without cause. If the City finds it necessary to terminate this Agreement without cause before Project completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Agreement for cause only. 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, less, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and consultants arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's cwn 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 arty 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.] Consultant warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Consultant hereto. If you agree with the terms of this Agreement, please indicate by signing and dating three (3) original agreement copies where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. (signatures on nem page) Jaime Yamashita, Landscape Architect Design of San Gabriel Blvd. Medians Page 3 of 3 CITY OF ROSEMEAD Approved by: Chris Marcarello Deputy Director of PW Attest: Jaime Yamashita, Landscape Architect Reviewed and Accepted by Consultant: & 'u( / G Date Si ature 'JA) %FtS [A Name Gloria. City Clerk .. �. - ooke Com, LA-QDSLftpr A'F-CRA`ierl Title (4/ 2-)21 7-00 z Date Twort-VYaTae�c.Fn Proposal for San Gabriel Medians Construction Plan JY #10-1031? June 17, 2010 Client Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 T: 626-569-2151 F:626-307-9218 E: rfaiardo(a,cityofiosemead.or, Landscape Architect Jaime Yamashita California License # 5571 163 N Avenue 25 Los Angeles, CA 90031 C:415-640-4193 E: vama.iaime(a).amail.cotn Jaime Yamashita is pleased to submit this proposal to the City of Rosemead for Landscape Architectural Services as listed herein. Landscape architects are licensed by the State of California. Project: San Gabriel Medians Construction Plans The purpose of this project is to create planting and irrigation plans for the construction of new landscaping and irrigation along San Gabriel Boulevard between Interstate 10 and Hellman Avenue. The project shall include new irrigation, river rock paving, and one monument signage. Services shall include coordination meetings with the City of Rosemead and the contractor. Scope of Services: Landscape Architectural Services to be provided under this Proposal are Construction documents for San Gabriel Boulevard medians located between Interstate 10 and Hellman Avenue. In coordination with the City of Rosemead, the documents will include: A. Planting Plan B. Irrigation Plan C. Planting and Irrigation Details D. River Rock Paving E. Monument Signage in coordination with Quickcrete (no electrical included) 2. Technical specifications 3. Coordination with the City of Rosemead 4. Pre -construction meeting (1) 5. Construction administrative support in the form of: A. Construction meeting attendance (up to 3 meetings) B. On-site review and inspection (up to 3 visits) C. Responses to RFIs Compensation: The Scope of Services to be performed under this proposal shall be the stipulated sum of S 3,1 50.00. One set of mylar prints is included in this fee. Fee Breakdown: Construction Plans: $2,900.00 Reproduction Costs (1 set ofmylar prints): $ 250.00 Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the Client, shall be compensated at a rate of S100 per hour. Supplemental services include but are not limited to: 1. Additional meetings or site visits. 2. Additional revision(s) beyond those described above. Monthly payments to the Landscape Architect shall be based on (1) the percentage of the Scope of Services completed, and shall include payments for (2) Supplemental Services performed, and (3) Expenses as listed in the fee breakdown. The Client's decisions, approvals, reviews, and responses shall be communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Landscape Architectural Services. The Client shall pay all fees required to secure jurisdictional approvals for the Project. If through no fault of the Landscape Architect the Scope of Services to be provided under this Proposal has not been completed within six months of the initial notice to proceed, the compensation for services rendered after that time period shall be equitably adjusted. Client and Landscape Architect each agree to indemnify and hold harmless the other, and their respective officers, employees, agents, and representatives; from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages; or expenses are caused by the joint or concurrent negligence of Client and Landscape Architect, they shall be bome by each party in proportion to its negligence. Respectfully submitted by Jaime Yamashita on June 17, 2010 Commercial Certificate of Insurance a F A R M E R s" Agency Dwaine Hayes Name - -issue & San Dimas, CA 91773-2661 Date Address 909-394-5600 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the St. 29 Dist. 09 Agent 305 coverage afforded by the policies shown below. Companies Providing Coverage: Insured Company A 'Luck Insurance Exchange Jaime Yamashita Lcucr Name DBA: JAIME YAMASHITA Company B Farmers Insurance Exchange & 163 N AVENUE 25 Latta Mid-Century Insurance Company L Address LOS ANGELES, CA 90031 atotta Company Letter Coverages This is to certify that 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. Limits shown may have been reduced by paid claims. Co. Ltr. Type of Insurance yp Policy Number y Policy Effective Date IMM/DDnwI Policy Expiration Date (MM/DD/y1I policy Limits B General Liability 604826949 06/07/2010 06/07/2011 General Aggregate $ 21000,000 Products-Comp/OPS X Commercial General Aggregate $ 1,000,000 Liability Personal & X - Occurrence Version .Advertising Injury $ 1,000,000 Contractual - Incidental Each Occurrence $ ),000,000 Only Fire Damage (Any one fire) $ 75;000 Owners & Contractors Prot. Medical Expense (Any one person) $ 5,000 Automobile Liability Combined Single All Owned Commercial Limit. $ Autos Bodily Inj)ury Scheduled Autos (Per person $ Hired Autos Bodily Injury (Per accident) $ Non-Owned Autos Garage I.iability Property Damage $ Garage Aggregate $ i Umbrella Liability I Limit $ Workers' Compensation Statutory and Each Accident $ Disease - Each Employee $ Employers' Liability Disease-Policy Limit $ Description of Operations/Vehicles/Restrictions/Special items: Landscape Architect / Planting & Irrigation Location (s): Various Projects are preformed within the City of Rosemead Endorsement- (IF APPLICABLE, WILL BE DELIVERED WITH POLICY) Certificate Holder Cancellation CITY OF ROSEMEAD Should any of the above described policies be cancelled before the expiration date Name 8838E VALLEY BLVD, thereof, the issuing company will endeavor to mail 30 days written notice to the & • ROSEMEAD, CA 91770 certificate holder named to the left, but failure to mail such notice shall impose no Address obligation or liability of anykindupon the company, its agents or representatives. ��' "l Fo-r�� f n 6�i Dwaine Hayes, Agenfyk—/ "17a Authorized Representative 56-2492 4-94 Copy Distribution: Service Center Copy and Agent's Copy H-01