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2200 - CEG Engineering - Public Works and Engineering Consulting ServicesA00030 PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS AND ENGINEERING CONSULTING SERVICES (CEG ENGINEERING, INC.) 1. PARTIES AND DATE. This Agreement is made and entered into this Ydbay of 20_ (Effective Date) by and between the City of Rosemead, a mumapal 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 CEG Engineering, Inc. with its principal place of business at 1543 West Garvey Avenue North, Suite 210, West Covina, CA 91790 ("Consultant'). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional public works and engineering consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such ongoing professional public works and engineering consulting ("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 public works and engineering consulting services necessary for the Project ("Services'). The Services are more particularly described in Exhibit A attached hereto and incorporated herein by CEG ENGINEERING, INC. Page 2 of 11 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 Effective Date shown above to June 30, 2018 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this agreement if necessary to complete the Services. 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 CEG ENGINEERING, INC. Page 3 of 11 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 Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative'). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative: Consultant hereby designates Ms. Jessica Yueh, P.E., or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative'). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. CEG ENGINEERING, INC. Page 4 of 11 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 entire duration of this Agreement an insurance coverage and policy as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving 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 One Hundred Fifty Thousand Dollars ($150,000.00) per fiscal year. Extra Work may be authorized in wirting, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and 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. CEG ENGINEERING, INC. Page 5 of 11 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, at seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, at seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works' and "maintenance' projects. If the Services are being performed as part of an applicable "public works' or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the 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. CEG ENGINEERING, INC. Page 6 of 11 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: CEG Engineering, Inc. 1543 West Garvey Avenue North, Suite 210 West Covina, CA 91790 Attn: Jessica Yueh, P.E. Tel: (626) 308-1268 CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Director of Public Works 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 CEG ENGINEERING, INC. Page 7 of 11 Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or other, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. CEG ENGINEERING, INC. Page 8 of 11 Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.5 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. CEG ENGINEERING, INC. Page 9 of 11 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity, Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which 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 Parry 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. CEG ENGINEERING, INC. Page 10 of 11 3.6 Subcontracting. 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] CEG ENGINEERING, INC. Page 11 of 11 CITY OF ROSEMEAD CEG ENGINEERING, INC. By: if AI d, City Manager D aTe V Date Name: Jc-sstc,A %u-V� Attest: / D t� �MI G' Title: j,C4Q,GuVyxw City Clerk UU Approved as to Form: l �5 c man Date City Attorney [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By:�A)1 Name: W-'tGV" N --W Title: Cf0 EXHIBITA SCOPE OF SERVICES/ HOURLY RATES A-1 10 C E G Engineering Inc. Consulting Engineers Group 1543 W Garvey Ave N. #210, West Covina, CA 91790 TEL (626) 308-1268 FAX (626) 308-1216 2015 HOURLY RATE SCHEDULE The 2015 Hourly Rate Schedule for professional engineering services performed by CEG Engineering will be at the following rates: Principal Engineer Senior Engineer Project Manager Construction Administration Design Engineer CAL) Operator Clerical "It..........iI". . 111.1111 1n $150.00/hour $140.00/hour $10.0.00/hour $120.00-$150.00/hour S 120.00/hour Sl00.00/hour S75.00/hour 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. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. 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 6:31 omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 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 B-2 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. & Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor' (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this M., 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. FM TD'. S,Yjl Page 2 of t 2015-05-21 17,59 50 (GMT) FromJessica YVel- ACOIZ`1 CERTIFICATE OF LIABILITY INSURANCE �An iNM,Do"Y's D512MI 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(SI, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMP(RTANT. If he Cer[i£nte holder is an ADDITIONAL INSURED, the PmIG)Rles) must Pe endorsed, If SUBROGATION IS WAIVED, subject to the terms and OmPRA ions of the policy, certain Policies may require an endorsement. A statement on this cendicate does not confer rights to the ceriRicate holder in lieu of such endorsement(sl. R .. enUER "Givis —. -- _ PHaNE (EMA'L MelOeT Consumer, a service of MAID, HORifth A BOLIAM Adminlstratlan LLC P.pBm 8146 nPOREcs - RcU11ER Oli IP. DANFASTeS,lA 50306-8146 URER S�<LFORnING CDVEPAaEPAILL0 IGG.RRD g1nUE1A Crrt is Ono=neriLrrs al LlocJS olLmdoo 1122000 DAMAGE TO RENTED 3 ENRIF.Aa cmv,.mei C E G E,,DFAring, Ino ❑CAMSELICELSONERAL LIABILITY CDlsulting Engineers Group IrvaaSP c. INSUPER D: $UiA 210 1643 West GZNeY AVenue Fort Wasl Covina, CA 91790 INSURER A INSUPER F'. 4 Tb':1515 TO CERTIFY THAT THE POLIc1EA OE INSURPNCE IISTF[1 9ELObV PAVE REEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PPRI00 DRAFTED, NOTWITHSTANDING ANY REQUIRE MEET, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUME VT WITH RESPECI 10 WHICH IPIA CERTIFICATE MAY HE 15EUEB OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE FOLICIES DESCRIBED HEREIN IS SUBJECT TO N 1. THE TERMS. EXOLVSIONO AND CONDITIONS OF SU OH POLICIES. LIM Its SHOWN MAY HAVE BEEN REOLCEO BY PAID DEAVAI, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE NsnRANCEYHUM6ER THE DATE THEREOF, NOTICE WILL DE DELIVERED IN VmIEYd 8808 East Valley BONcvard pCCORDANLE WITH THE POLICY PROVISIONS. ACCORDANCE WI 1p��CDY 11 Imi E%P UNITS GENERALE FULITY EACH OCCURRENCE DAMAGE TO RENTED 3 ENRIF.Aa cmv,.mei ❑CAMSELICELSONERAL LIABILITY ❑❑0.aIN5iUOE ❑DRYER MED EXP ("on. p.—T 3 ❑ PERSONAL n AD`I INJURY AGGREGATEGENERAL ooucrEwnIECFAaa 3 N AGGREGATE LIMIT PER ❑PDLICY❑ PRGJec*❑ los s ORILE a>alurr GOM MED SHELF LIMIT 3 EoA Ouurrvnco OODPVINIVRV ❑ ANY AUTO L] 11 VA11 urt05n ❑ SCHEDULEDAUTDS E:] HIRED AUTDs LYCINJURY 3 Ve¢Iticnll IIUT1 IIt, " DPF1A02 3 ❑p10NONNEO AUTOS ❑URPELLA LIPB ❑EY ❑OCCVP ❑',wAMN' CAST JrtRLNCE 3 AGGREGATE 3 ❑ DEVU.NM p ❑ NL UI I rv> 3 USING sATaN AND EMPLOYERS LIPEILITY ❑TORT WC 6TATIF LIMITS ❑ OTH [ AN Y PRUPREE70RIPARTNER EXECULTIVA OFFICERaaEMe T INCLUDE. CCIUENI 3 EL OLSEASE-FA FMPLOKC b (M.UBoSE mrvR1 EL, DISEnsE. P]uer umr s vy U FIBERLIMITS. PER CLAIM $1,000.000 A UrvclN'_ERs R—E.SSIONAL UAR1LITYmsu RANGE RETRODAIeomm¢0c0 5000RR] OEIC1 rz015 06/0112016 AGGREGATE $1, G0,000 DEPLET-ION OF OPERATIONSI LOCATIONS IVEHICLEs(ALISh ADDED 101. Atldo—ol Remarks 6chULIA if mere spec. le renTed) OLAIMS MADE POLIOY - - - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Rat THE DATE THEREOF, NOTICE WILL DE DELIVERED IN VmIEYd 8808 East Valley BONcvard pCCORDANLE WITH THE POLICY PROVISIONS. ACCORDANCE WI RGSPRiead, .r.A 91770 AUTHORIZED REPRESENTATIVE ACORD ]6 (20091091 .cold ACERB ME. TM1e 1588-2009 ADDED CORPORATION I.pllrightsreservetl. AcoRD name antl 1090 are registereE marke v( ia`ORO CERTIFICATE OF LIABILITY INSURANCE°"051220/20155 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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(Sh AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pDlicy(les) 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 endorsemengs). PRODUCER CONTACT NAME. aQ ry Mercer Consumer, a service of Mercer Health 8 Benefits Administration LLC P.O. Box 8146 MAIL FAx ADDCESs. ac. No mode R Des Moin, IA 50306-8146 CONTOMENO I—SPRSAFPORDwG COVERAGE FDIC INSURED INSURERA. CURASUnderectersai Lloyd 's oflmi 1122000 wsuR=_R e. C E G Engineering, Inc. Consulting Engineers Group INSDIFER I INSURER D. Sidle 210 1543 West Garvey Avenue North West Covina, CA 91790 REHIRES E EHF V 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. .an TYPE OF INSURANCE Valley Boulevard ACCORDANCE WITH THE POLICY PROVISIONS. DULY NUMBER POLICY EFF MI.M.0 Or MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE S DAMAGE iO RENTEU S PREMISES Eeocamnce ❑ COMMERICAL GENERAL LIABILITY ❑❑ OLAIMSMA°E ❑ OCCUR MED EAR (qM one Ni S ❑ PERSONAL a ADV INJURY 5 ❑ GENERALAarmor E 6 PROOVOTS COMROPAGG S GEN L AGGREGATE LIMIT APPLIES PER: ❑ POLICY ❑ PROJECT ❑ LOC 5 AUTOMOBILE LIABILITY OOMBINEDSINGLE HAD $ cfl Occunence ❑ ANY AUTO ❑ALL OWNED AUTOS SCHEDULED AUTDS ❑Y ❑ HIRED AUTOS BOOTY INJURY 5 BOUDY Ni E `OPERT' P,, ara DAMAGE E $ ❑ NONONNEO AUTOS ❑UM9RELL1 LIAe❑OCCUR EACH OCCURRENCE 5 AGGREGATE S Ll EXCESS LIPS ❑CLAIMS -MADE ❑ OEOUCTIBLE S ❑RE TENTIae 5 WORNERB DDMPEXSATION YIX AND EMPLOYERS' LIABILRY ❑ WCSTAT0. TORv LIMBS OTW ANY ETORPARTNRRIE% ELUTIVE OFF REMEMBER E%OW°EO? EL EACH ACCIDENT 5 WA EL. DISEASE EA EMPLOYEE $ In NHI DISEASE-POucvuAnT $ ELIMITS'. If AS d.ery under PnoN of OPERATIONS celow DESCRI TI A DTH we PROFESSONAL LIABILITYINSURANCE RETICULATE NIFUIS9od 5000227 06/0112015 °6 /0 112 01 6 PER CLAIM $1000,000 AGGREGATE $1000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, IL more space is required) CLAIMS MADE POLICY ACORD 35 (2009109) Sears! 1888-3009 ACORD CORPORATION. All rights reserved The ABSORB name and logo are registered marks of SHOULD ANY OFTHE ADESCRIBED POLICIES CANCELLED BEFORE Oily of Rosemead THE EXPIRATION DATETE T THEREOF, NOTICE WILL BE DELIVERED IN Valley Boulevard ACCORDANCE WITH THE POLICY PROVISIONS. Rosemead CA91770 AUTHORIZED REPRESENTATVE ACORD 35 (2009109) Sears! 1888-3009 ACORD CORPORATION. All rights reserved The ABSORB name and logo are registered marks of A� CERTIFICATE OF LIABILITY INSURANCE EATEIMMJOINY 0/2 Et THIS CERTIFICATE IS ISSUED PS 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 1M1e ON ilicam holder is an ADDITIONAL INSURED, the pollcy(iesl must be endorsed M SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. CSNin policies may require an endorsement, Astatement on this cmtiflcete does not confer rights to the certificate holder In lieu of such endoesememis)._ PRODUCER CONTACT _ _ Monterey Park Insurance Srvs, Inc. PHONE C, (626)308-1519 juc,Nq: (fi26)308-0688 755 S Atlantic Blvd, nPP�SS.. rk iO�mOmemyparkBsurame om _ 'Mordere,Park, CA 91T54 INSUREAR, AFFORDING COVERAGE NAI<I Phone (626)308-1519 Fax (626)308--0688 INsuaERA Employ P ! red lnsura C parry INSURED SURERB CEGE g ¢ring INA hi 1543 W Garody Ave North Suite 4210 END _ I W xt C , CA 91790 (626) 308-1268 s E �� COVERAGES CS OF INSURANCE REVISION NUMBER: THIS IS TO IJERTIFY THAT THE POLICIES OF IREMENT, E LISTER BELOW HAVE BEEN ISSUED TO THE INSURED CAMEO ABOVE FOR THE POLICY PERIOD CERTIFICATE MAYS ISSUED, OR ANY REQUIREMENT,TERM OR AFFORDED By CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIGS THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEDHEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIAIMS. _ ,NSR AOOLSVBR POLICY POLICYEFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INS0._M1N-O- HUMBER MM OOIYYYYI IN NUEUYYYYD _ _ GENERA LIABILITY EACH OCCURRENCE _ S DAMAGE TO RENTED $ �_ COMMERCIAL GENERA UA.IILAY MISEBIEa�_. C CLAIMSMADE OCCUR RIAs $ MERE V°re pe'mn PERSONAL a AOv INJURY S GENERAL AGGREGA E 5 GEN L X.Gloni LIMT APILIES PER: PRODUCTS -COMPO AGO $ JECi-1 PRO L LOC _ _ _. _ $ AVTOO LITY CEoiMBINCLGELAi F-1 POLICY A Y AUTO BOO INJURY (OF M R S -_ LOWNEO SCHEDULED BO INJURY(P i $ l AJTOS LJ AUTOS - - 1I Li ONUYINEO PRO T DAMAGE S RED AUTOS LI AVOID Ll VMB0.ELLA LIAB �1 ]OCCUR V � EACH OCCURRENCE $ - EXCESSSLLIIAB ICJ C(AIMS-MADEAGGREGATE 5 J DED LJ RETE TON$ S godgedus COMPENSATION�I CCTATU- ITSa EMPLOYERS LL YIN TORYU OTH AND IABIEE ANY AFFLERM ETORPAR NER/ TIVE EIG 11)4586-0$ EL E C LLIOENT S 1,000000.00 u T NIA, 11/0112014 11101/2015 EA EMPLOYE E 1,000,00000 A (MantlabrynMXXRE%L EL _ _ I e°de1111ier EL OIC LIMIT E 1.000,000.00 IDE SCR Pr ON OF OPERA oNS MIory - _ -_. DESCRIPTION OF OPEM90NS I LOCATIONS I VEHICLES (A11aah ACOR0101, Ad011Io°°I R—NA Schedule, 11 more sp°c° Ix nqulr°dl CERTIFICATE HOLDER CANCELLATION SHOOLO ANY OF THE ABOVE DESCRIBED POLJCIES BE ttl Kevin A. SRI and Associates, Inc. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEL 235 W, Chestnut Ave, ACCORDANCE WITH THE POLICY PROVISIONS. Monrovia, CA 91016 AUTHORQEOREPRESEHT➢TIVE A000— IS ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) OF The ACORD name and logo are Registered marks of ACORD ON '�c aoB EVIDENCE OF COMMERCIAL PROPERTY INSURANCE F DA' "A""YY YI 06/092015 THIS E IDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON I HE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE CC VERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE IS ING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PHONE PRODVCEB 9pry ANOAODRE IAC. Ne.FV11. 8185782200. COMPANY RAME AND ADDRESS NAIC N0: 25151 }fdf ^rJY ] AGENT JOSE RIVAS State. Farm GFDEmI Insurance Company STATE FARM INSURANCE 3111 W BURBANK BLVD STE 101 IS T11E A TERNONISMEPECIFIC EXCWSIGN IS 6011 PLC TERROPsn ExNOMODD - BURBANK CA 91505 I.INC Npl ADDRE 33.., . IF MULTIPLE COMPANIES,COMPLETE SEPARATE FORM FON LARD ,DOE.I]5 TSU. CODE POLICY TYPE - � �-- Pc=NCY 0410 BUSINESS NATATTLIKED PDANNAD.16; HVMBER Lroo1c,NVMtlER CEG ENG NEERWG INC 92 -Bk -W870-7 1563 N/O RVEVAVENSTE210 __— FFFEuFVEoATE EXPIRATION DATE __CODLI.1D urvnL WEST CO INA CA 91790 06232015 06232016 IlrATED-'cNPc'aED ADDITIONAL AMFD INSURED st IS REPLACFe PRIOR EVIDENCE OPTED. i..L TN4ul ..D.NNAL FRIGIOR IT c.H.LId COITION DN 1543 W GARVEY AVE N STE21D WEST COVINA CA 91790 THE POLI _. ....... ____.__ __ ._..__.._ IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TD TXE INSURED NAMED ABDVE FOR THE POLICY PERIOD INDICATED. NOTWITNSTANDING ANY REO REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUE OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS. EXCLU51ONS AND CONDITIONS OF SUCH. LILIES. UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 60MMER01 I PHOPEP,TYCOVEMGEAMOUrJTOFINSURANCE If 47,400 OED: nIOP'.6wI E I LEIDFRS OTSPAVeELE. YE NOERSERYICIN6AOENT41EANOAOORE33 NAME PHO As lead ❑ OUSINES INN' ME ❑ REIALVALUDE _-_ 9LnNREIe vEuac=_ PDrN F Re.REssxr ArrvF YES LIMIT. � o A Loss su 1 neN 4 of m>n p5: IYES "Mo, PrITT"A neaaoDYDa TERRORJSN COVERAGE / IAIt- O rc ND! OEC IS T11E A TERNONISMEPECIFIC EXCWSIGN IS 6011 PLC TERROPsn ExNOMODD - 1- - LIM1IITEO lul GUS COVERAGE IrvES LIMIT Off; FurvGUS E% WSION pf YES Im 5D9aIL 1 n3lorm meJf REPIACEI iCOS JONEE U0. - .. COIN9VRA E IIYEs °h IF YES LIMIT pEp: WNII ApI I LOLIPAIENT REAKOOI) ORONOGE LAW—�.._ C 9 I.- 1 d geC .,ID, Iry 1 ES LIMIF DED -pa I -F C,C 1 CTSI ucry FART MOV tENT(II ApplLosbroi lYES LIMIT DEO RYESLM! BEp: If YES LIAD DEC -- _ Y 6 MT DEC: LYT, LIMITRED FLOOD (II Ap 01 j WIND/ L .CL LL F L7 O D,LK. 1 DNe iPrDA—A ❑ ES ❑NI Suh II 01 NOT Prorb NAMEDS70 TO IR WNVE SVBROGAfION IN FAVOR OF MONTGAGE HOLDER PRI RTO LO55 HOLDER IIIYES LIMIT SHOULDIA YOF THE ABOVE ACCORDANCE WITH THE DESCRIBED POLIPOLICIES PROVIBE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE D DIN _ nIOP'.6wI E I LEIDFRS OTSPAVeELE. I CONTPALT CE SFLE NOERSERYICIN6AOENT41EANOAOORE33 NAME PHO As lead of Rosemead PDrN F Re.REssxr ArrvF 883 East Valley Boulevard Rosemead,CA 91]]0 / Page 1oF2 020032014ACORD CORPORATION All ghts reserves. ACORD 28 20141011 The ACORD name and logo are registered marks of ACORD 1004364 1429902 (RILES 2014 1004364 1429902 06-06-2014 Fax Server 7/23/2015 11:40:55 AM PAGE 2/010 Fax Server Automobile Club of Southern California P.O. Bar 25001, Santa Ane CA 92799.5001 AAA.com 1.877422.2100 March 18, 2015 AUTO INSURANCE RENEWAL OFFER Policy Number: CAA 066061776 YUEH, JESSICA SD55 TOLMAN AVE CHINO CA 91705-9355 Thank you for your 23 years of membership with the Auto Club. We are planned to offer renewal of your auto policy far another year. We are also pleased to announce that valued policyholders like you will again receive a return of premium through e Policyholder Savings Dividend. This Is one of the advantages of having auto insurance through the Auto Club. As a convenience, we have applied your $193 Policyholder Savings Dividend to your renewal premium to reduce your premium balance. This renewal package Includes the following dooumente: • Your Policy Coverages and Limits pages (Renewal Declaretlone) • Billing Statement • Proof of Insurance Cards • Other Important Insurance documents Thank you again for choosing us. Sincerely, �T Robert T. Boutdar Preeldent and CEO YOUR POLICYHOLDER SAVINGS DIVIDEND 1s: $783 QUESTIONS 7 • Click AAA.com/myaccounl to access your policy and pay your bill online • Visit or cell your local Auto Club branch-AAA.com/brsnohes • Cell (077) 499-2100 Weekdays 7a.m.-9 p.m. Saturday 8aIn. —5 p.m. YOUR DISCOUNTS The following dlscounts have been applied to your auto policy premium: • Multi -Policy • Ssbct Prof& Groups • Loyalty • Good Driver • Antl-Theft Device Air Begs Garage Parking • Vedfled Mileage Q, POLICYHOLDER SAVINGS DIVIDEND STATEMENT on reverse ® Ms"no pMVAW to cuohnod Aub Club mvnbem ey IM InierNsurnme E reps of IM AMMONa Gub. Fax Server 7/23/2015 11:40:55 AM PAGE 4/010 Fax Server 40 Interinsurance Exchange of the Automobile Club Automobile Insurance Policy Coverages and Limits Pianissimi Declarations We are pleased to offer you a renewal for your automobile insurance policy. To renew your policy, send at least the minimum payment on or before the due dab. Insurance ie in o ect onty for the vehicles, coverages, and limits of liability shown on this declarations page and am set forth In the Insurance policy and endorsements. Thew declarations, together with the conbaet and the endorsements In effect, complete your policy. If any change b your policy or to the IMermaden we have on file results Ina premium decrease dudng the polloy period, the Irderinsuronee Exchange reserves the right to apply any refund due to your dubtonding balance. YUEH, JESSICA POLICY PERIOD (PACIFIC STANDARD TINE) 8058 TOLMAN AVE POLICY EFFECTIVE DATE: 04-28.10 '2101 A.M. CHINO CA 91709-9358 POLICY EXPIRATION DATA: 04.20.16 12Oi A M. VEHOLEa .._ �._ _.- ..,_.__._ __._._._ .._. �_._.,____. Pose MertoMercloaed doo+merl ordeal "Premium Neeuma Applodto Your A.101nWe Pdlcy." Total Annual Fromlum• $1853 • If at my time you choose to pay leas than the full balance publadln VEH. YEAR MAxE MODEL IDEIs'I°ICATON VEHID.E OARAOE ANNWP' VERI9M) iALVAGE NO NJMBPA USE 21P Mom MILE8 MILEAGE 4 3015 MAZO a GRAND TOURING JMIGAW53c1770840 PLEASURE 81709 12,50115,000 VERIFIED NO DDVERA FAANDLIMIT ANNUAL PREMIUMII po.ewge I.nam.n.vunim..pmlunortha wM"Immd.d' b.hown DOVERA,EB uwne of LABILITY Vehicle Vshiela Vehicle Vehicle Vehicle UNWAY OetlllY Injury $1,000,000 each panor/81,000,070 each cocurlanos 1 $410 1 $ 42 PAyMONOImIga PHuu nn vu.um'd e WnFi. maxiva adrl+am.; WHCY. Veeitl[b VW[b VMIu I c arnprEtdrw ACV 259 (Lasa Da]udlbla) $500 00111sIOI ACV $750 (Less Deductible) $500 Ocir Renta Expense Bodily, injury- $30,000 acrpenorl $500th each socil 159 Unlreurol A Undelnwrai Verde, Unlneured DocuoIN IW Included "MIIM mcmw6 .._ �._ _.- ..,_.__._ __._._._ .._. �_._.,____. Pose MertoMercloaed doo+merl ordeal "Premium Neeuma Applodto Your A.101nWe Pdlcy." Total Annual Fromlum• $1853 • If at my time you choose to pay leas than the full balance publadln UmL4wellcyhoade dl.w,a.) Rnand chargee of up to 1.0% par month of the balance outstanding VIII appPy Loss Pollryh9ldsr Bwing9 DNldentl E iM a explalned In your bluing statements, which an pan of these declarations. Not Premium- elle, — To am the annual mileage for your expinng policy, plume refer W Iha "Notice of Annual Mileage' page contained In your renewal package. W, PROCESS DATE 03 -IMS PLAAOEATTACH TO YOUR POLICY (GEE RNEMEI Fax Server 7/23/2015 11:40:55 AM PAGE 6/010 Fax Server Interinsurance Exchange of the Automobile Club P.C. P. 28449, el Ane, CA a279gA449 19 AAA.ccmPoulpey 1-877422-2100 INSURANCE BILLING STATEMENT YUEH, JESSICA 8058 TOLMAN AVE CHINO CA 91708 POLICY EFFECTIVE DATE: 0428.2018 BILLING DATE: M1862015 DUE DATE: 04282015 1. RENEWALPREMIUM: 8 1889.00 2. LESS PRIOR PAYMENT! S OAO cr Your Policyholder swings Dividend hes born used to reduce S. PREMOUS BALANCE: L 0.00 thonallmumdmna MIYW renawyourpi 4. AMOUNT FINANCED: S 1889.00 Mlnlmum Arri Due. 8 18304 E. LEES POLICYHOLDER SAVINO S DIV Dill 8 lRoo Cr Less Policyholder Savings Dividend: E 1a9.daer 8. TOTAL BALANCE: 1400.00 6 8.38 or ACSC Your adlueled minimum due is fi1DDD, me minimum payment Or say Online at AAA, eorabillpsy required to renew your policy. The balance of the cmda Wall be IurIIIlnrlduurllrlrluul6uIIINIrI spread over your remaining Installments whloh will wry from P.0 Opel To remove, your policy, please pay either the Total Balance 51480.00 or the Minimum Due 510.00 on or before the Due Data 0428-2018 SANTA ANA CA arlil e 134-zS-15 'AAxtee HRWAmwa!MehlrmM, OICA WCWMW FhelTdr! n0k) ab a Htay.'e paegE, CLICK AAA,cgmfolipay I VISIT AAA.comPorenchesto 1lnd an of oe, near you I CALL 1d77-422-2100 When you sign up for AAA Auto Pay, Installment payments can be withdrawn directly from your flnenclal Institution. You me longer have re worry about missing a payment, writing checks or paying for postage. To learn mora about our flexible payment options please visit us at AAA.comlautepay. TOE2xal1RE PROPER WINUJNO, INIXLOEaTATEMER WITH PAYMER. ai .el ex,xsam re BRACH MU. YUEH, JESSICA AUTOMOBILE RENEWAL BILLING STATEMENT 0058 TOLMAN AVE CHINO CA E17D6 10902 066961776 042815 DOCOLODCOOOD100000001000 001460/303 Buono Date: 08-18-2016 CIrANCE OF ADDRESS 1 wNe pg ley On CheCN. TO PAY IN FULL PAYTHIe AMOUNT 'i�lCIT 9H0i Include a re. Include elphe era AA 0 0017 Policy Number: CAA OSSS8177B aALANCa oilyarnra OF$ 1480.00 ewe-eooaan Make Cheep Payable to'. ACSC Or say Online at AAA, eorabillpsy AMOUITPAID IurIIIlnrlduurllrlrluul6uIIINIrI P.0 Opel DUE DATE MINIMUM WB SANTA ANA CA arlil e 134-zS-15 S tD.00 10902 066961776 042815 DOCOLODCOOOD100000001000 001460/303 Fax Server 7/23/2015 11:40:55 AM PAGE 8/010 Fax Server Interinsurance Exchange of the Automobile Club Premium Discounts Applied to Your Automobile Policy Auto Pollcy Number: CAA 065981778 The following automobile premium discounts are evallabls from the Intsrinaurenos Exomnge. If you most the discount requirements, an "X" will appear in the box next to the discount name and you will rewive a premium reduction on all coverages that quality for the dlocount. ® MULTIrGLICY HOMEMNM$ ❑ MULTI•VEM A ® aELECTPROFEaaIO ULOROMa ® LOYALTY ❑ DRMNG CDURRE ❑ MATURE IRIIVER ❑ aIUDEMAMY ❑ GOOD STUDENT ® Go00 DRnG YUEH, JESSICA XQ ANTI -THEA'": ELECTRONIC LOCATOR OTHER 7015 MAID 0 GRAND TOURING ® AIREAOa"" 7015 MAID S GRAND TOURING ® GARAGE RARIONG" 7015 MAZD 8 GRAND TOURING ® VERIRED MILEAGE 2015 MAZD B GRAND TOURING • Anti -The Dsvlce and Ganges PerMng- Discount applies if Comprehensive coverage is purchased. Air Saps - Dlscoumapplles If Medical Payments Mahn Uninsured Mokrler bodily Injury coverage Is pumheeed (referto page one of the declarations). If you need eddlaonel Information about any of the above dlsoouMa, plasmas refer to the Available Autarnablle Premium Discounts insert included with your renewal offer (or the insert provided with your application). If you have additional questions about premium discounts or your auto Polioy, plot" call us at 1-877422-3100. fit. t6'9 Fax Server 7/23/2015 11:40:55 AM PAGE 10/010 Fax Server Interinsurance Exchange of the Automobile Club GUARANTEED RENEWAL ENDORSEMENT Effective 0428-2015 12:01 A.M. Pacific Standard Time Forming a pertof Palley Na. CAA CBBN1776 Issued by the INTERINGURANCE EECMANOE OF THE AUTOMOBILE CLUB. We agree not to cancel or refuse to renew your policy, provided the premium Is paid when due, However, this agreement shall become void upon the occurrence of any of the cents listed below, and we may than cancel or refuse to renew, your policy for any reason not pmhlbhed by law. This agreement shall become void If: 1. Fraud or material misrepresentation has been committed affecting the policy or Insured. 2. Any vehicle Insured under your policy Is used for commercial purposes, 3. You do not haus a valld membership In the Automobile Club of Southern California, 4. Your primary realdence Is outside the state of California. S. You have failed to provide to us, within 30 days or our reasonable written request, Information necessary to accurately under write your policy or determine your premium. 6. During the 3e months before the wildratlon data of the policy period shown on your most mom declarations, you or any other primary or additional driver Insured under your policy hes had: a. a drivers license suspended or revoked for any reason; or b, any of the following: (1) one or mare convictions for: (e) any felony arising out of the ownership. maintenance or use of a motor vehicle; or (b) homicide or assault arising out of the ownemhip, maintenance or urs of a motor vehicle; or (c) any drug or narcotics -related traffic violations; or (d) any speed contest, or (2) two or more convictions for any alcohol-related tref6o violations; or (3) three or more convictions for any Irl violations we classify as "me]"' for additional premium purposes; or (4) two or more at -fault automobile accidents which result In bodily Injury; or (6) three or more et -fault automobile accidents which result In physical damage arty; or (6) three or more convictions for minor traffic violations, 7. Any primary or addltlorul driver Is added to your policy who Is not a statutory good driver bemuse of hlalner driving record. All provisions of your policy not affected by this endorsement remain uncharged. ACSC Menegeril Sari lees, Inc. ATTCRNFv-IN ACT IF as Gape ---*Na .aco>.an CERTIFICATE OF LIABILITY INSURANCE 51 laii ;o ,,"; THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLPOLIDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE CIES 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 certlflCa a NolOer is an ADDITIONAL INSURED, fine Oollcypes) must be endorsed. If SUBROGATION IS WAIVED, subject AB the harms and conditions of Me Pony, orttaln pOndes may reyutre an endorsement A statement on this certificate does nM confer rights to in. PRODUCER INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONTACT man DOLSUBR vUx�oxN[a.E��(626) 308-1519 Monterey Park Insurance Srvs, Inc. 755 S Atlantic Blvd. MED EX'(AM Plann aria. ervce�monINeYpahins _B INSURERAI AFFOWINGNCOVERASEE MWtErey PdA, CA 91754 -COMP/OP FGG$p _ IXSURERA_ Employers Preferred lniumcce Company Pra ne (626) 3081519 Fax (626) 308 0688 INSURED INSURERR: IxSURERt _ _ C E G EngineEMg Inc. AUTOMOBILE LMMUTY -. 1543 W Garvey Ave NUIRSUite #210 0. r �LAM, IxsuRER D_. AUTO - WostCovina,CA91790 (826)308-1268 INSURER E. - _ -- ALJO�W NEO r GICHOERA ED NONDWNED INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TM ISIS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ - man DOLSUBR POLICY EF PoLICY EXP UNITS TYPE OF INSURANCE _ PoLICY NUMBER GENERAL LIABILITY F'XC/�r `'C coMMERCIALGENERALLwRIury nCyC'YE1] nampov W MMI°OIYYYY - DAMAGE o ENTEDPREMISEB E _cuIMS EACH OCCURRENCE _ ��i MADE -ocwR CITY OF ROSEMEAD MED EX'(AM Plann PERSONAL aADV IWURv OCT 27 2014 GENERAL AGGREGATE .. b___. _- AT GENLAGGREGATE LIMIT PPPUESPER �'._PRODUCTS -COMP/OP FGG$p PRO, L FFICE Poucr L¢ _ OOMBINUECANGLE AUTOMOBILE LMMUTY 0. r �LAM, AUTO BODILY INJURY IRSr ALJO�W NEO r GICHOERA ED NONDWNED BOOTLEINIURYPerl 1par,— YDnMAGEwREDOTOS UTOS'1Fef d "A'S Us V"A'S sWBr OCCUR EACHOCG URRENC 'CLAIMS-MADE AGGREGATE $ wC $iT- S — LIMITS �ORH LEE �_.RETEMIONS- O RSCOMPEHSSNON AND EMPLOYERS'WOLITY YIN ANY PROPRIETOREASTREFROCOULTIE EIG 1174586-05 CL GH ac DENT , 1,000,000 DO A O E EMBER EXOLUDEo' I� IMMM d bry NH) LJ NIA 11/012014 11101CS15' ELDISEASE - EMPLOYE 5 1000.000.00 IDESRPTION OF OPERATIONS tom_ POLIC�MI 51000,OOO.00 ELDGEASE J �IARa[h UESLWPTION OF OPERATIOXSI LOCAPONSIVEXILL£s ACORN 101, AddXlonal0.emshe ScMdWe,Xrture elaxeis reyulmdl City of Rosemead 8838 E Valley Boulevard Rosemead, CA 91770 ACORD 25 (2010105) OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE 01988-2010 ACORD CORPORATION. All ngh a Iaserved. The ACORD name and logo are registered marks of ACORD AC Ro a EVIDENCE OF COMMERCIAL PROPERTY INSURANCEDATE(""DD"Y" 111 1 05122/2014 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TH5 ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PRDDUCERNAME PRONE LV XIACTPERSONANDADOPEss I age a,_€Ie� (818)518-2200 COMPANY HgMEPND ADDRESS xA¢N.: 25151 sf3f2fd/IR Ageo1 Jose Rivas $rare Farm General Insurance Company Slate Farm IIT am. 3111 W8urbaak B:vd Ste 1C1 Burbank CA 91505 IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR Evi FAX ENAIL A/C N f. � AppPE59'. __ _ Gout. 16 1suscopE: POLICY TYPE AGENCY Oe10 CUSTO [Rio.,. _... _ BUSINESS NAMED INSURECAND ADDRESS LOAN NUMBER )POLICY NU CR GED ENGINEERING INC 92,8X -W810-1 1°43 W GARVEY AVE N STE 210 EFFECTIVE DATE TEXIINAION ..IE ICONT WEST COVINA _ CA 91790 06/23/2014 06/23/201.5 \JED VM1IIL TLRM:NATEO L LHECeeD DITIONAL NAMED IN9UREOI91 THIS REPLACES FINDS EVIDENCE DATED: RRURCR I T INFVKMA UUN {Use REMARKS On page [ It more Space 1s required) LJ BUILDING OR L I BUSINESS PERSONAL PROPERTY LOCATION) DESCRIPTION 1543 W GARVEY AVE N STE 2I0 WEST COVINA CA 91190 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 EVIDENCE OF PROPERTY INSURANCE 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. l nNfFRAGF IMCTflDUATVLU ncen e,. i— Y I ......... I I ____ ... COMM, RCIAL PROP ERTY COVERAGE AMOU NT OF INSURAN CE $ 46,700 DED $1,000 YES NO WA II YES. LIMIT'. Actual Loss Sustain¢,]', A OI meNnz'. It YES, Intl cele Value(S) reported on pmpeLy icentlfied above: S ❑ EDGINESS INCOME [_1 RENTAL VALUE 9LANKET COVERAGE —_... TERRORISM COVERAGE AUarh Diadeare Notice / DEC IS THERE A TERRORISM -SPECIFIC EXCLUSION9 IS DCMESTICTERRORSM EXCLUDED' LIMITED FUNGUS COVERAGE If YES, LIMIT. DED: FUNGUS EXCLUSION IL'YES'. speciN oMani,arion s form USSR) REPIACEMENT COST AGREED VALUE COINSURANCE If YES, EQUIPMENT BREAKDOWN (If Applicable) If YF$ I IMIY OED. ORD:NANCEORIAW -Coverage for loss to undamaged potion of bldg - If YES. LIMIT'. DED. Oemol pan COzrz I`YES. LIMIT. PER ner God of l.r. "union If YES, LIMIT'. DED. FARTHMOVEMENT(IIADPIsci le) II YES, LIMIT: QED. FLOOD (if ADPlleable) :If YES LIMIT: DID - W:ND/HAIL (IISubject b Different Provi9ons) If YES, LIMIT: DED'. PERMISSION TO WAIVE SUBROGA NON IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS $1,000.0001$2,000,0001$5,000 BUSINESS LIABILITY/ GENERAL, AGGREGT/MEDIPERSN V SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, NORTG4TUmCCN-PA^.T OF SAIL 11I111 PAYARIF X CERTIFICATE LIEN HOLDER NAME AND ADDRESS City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 IORVED REPRESENTATrvE _ The ACORD name and logo are registered marks of ACORD 1004364 1429991 01-22-20'3 A`�Rb CERTIFICATE OF LIABILITY INSURANCE °A eMIND051=oia 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, E%TEND 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 he 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 CONTACT NAME: PHONE Mercer Consumer, a Service of Mercer Health 8 Benefits Administration LLC P.O. Box 8146 a°' NO EMAIL rat ADDRESS LASO. No'. Des Moines, IA 5030&8146 PRODUCER CUSTOMER ID'. SAEEOROINGCOVERAGE NAIC4 INSURED INSURERA. CCauin Slndmld (ria.t l TJ'Pi DI'Te,udru 1122000 LHTR INSURER B'. C E G Engineering, Inc. INEUREH 0 Consulting Engineers Group Suite 210 1543 West Garvey Avenue NorthINSURER o: West Covina, CA 91790 I2S22 E. IOSUnER F - 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. 8838 East Valley Boulevard Rosemead, CA 91770 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORED REPRESENTATIVE POLICY EFF POLICY UP R TYPE OF INSURANCE III AN. POLICY HDMBER MWGO MWDD 1A` LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ❑ COMMERICA_GENERALLIABILTY DAMAGE TO RENTED 5 ❑❑ CLAIMS -MADE ❑ OCCUR PREMISES Ea m:cunenm MED EXPO,, one Ni $ PERSONAL a ADI INJURY $ O GENERAL AGGREGATE $ C C':'L i Ki BEATEHAD APRIL^ =Cl PRODUCTS-COMP/OP AGG $ 11POIPROJECT❑ LCc $ AUTOMOBILE LIABLLRY COMBINED SINGLE LIMIT S F-1 ANY AUTO amr O—enre BOO. LY INJURY S ❑ALL OWNED AUTOS Per hson BOO LY INJURY S ❑ SCHEDU,ED AUTOS Pei accme^I PPer ❑ HIRED AUTOS actldenR,=lDAMAGE S ❑ NON oW NED AUTOS $ ❑ S ❑UMBRELLA LAB ❑OCCUR EACH OCCURRENCE S ❑EXCESS LAB ❑CLAIMS -MADE AGGREGATE S ❑ DEDUCTISLE $ ❑ RETENTION S S WORKERS COMPssi vN WC STATU- OTH- AN° EMPLOYERSLIABILITY n TORY HIM TO ER ANY PRCPRIETOaPARTN EWEXECUTIVE ELEACH ACCIDENT b OFFICEWMEMEER EXCLUDED] NIA (A-Lo.ry in NH) EL. D ISEASE-EAEAIPLO YEE S E.L. DISEASEPOLICYLIMIT E II Ps, 6eecni a Ho, DESCRIPTION OF OPERATIONS Eeluw OTHER ENGINEERS LIMITS'. PERCLAIM $1,000,000 A PROFESSIONAL LIABILITY INSURANCE 5000227 06/01/2014 06/01/2015 RETRO DATE DMISCa AGGREGATE $1.000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Atlach ACORD 101. Additional Reri Schedule, II more space is required) CLAIMS MADE POLICY CERTIFICATE HOLDER CANCELLATION 1988-2009 ACORD CORPORATION. All rights reserve, ACORD 25 (2009/09) 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 8838 East Valley Boulevard Rosemead, CA 91770 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORED REPRESENTATIVE 1988-2009 ACORD CORPORATION. All rights reserve, ACORD 25 (2009/09) The ACORD name and logo are registered marks of Acord acorrr�® CERTIFICATE OF LIABILITY INSURANCEp�f �- 10110113 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ODES 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), AUTHOII REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If lbe aer00tale bolder is an ADDITIONAL INSURED, the polk,dirsI Most he endorsed. If SUBROOATIM 15 WNVEG, SYblotl to Me terms and tondltlOnS or.. polity, Certain policies may require an endorsement. A statement on this CBdlfltrte does not confer II9hta la me eadibtate bolder In Ileo of so=b i ndi rsememisl. PRECVCER Monterey Park Insurance SOUP, Inc. 755 S Allen, Brod. Monterey Park, CA 91754 Plane 16261308-1519 INSURED C E G Engineering Inc. 1543 W Garvey Ave N #210 West Covina. CA 91 790 COVERAGES C THIC IS TO CERTIFY THAT THE POUCIE INSINDICATED. NOTWITRSTANOINGANYF CERTIFICATE MAYBE ISSUED OR MAY F EXCLUSIONS AND CONDITIONS OF SUC LTRF TYPE OF INSURANCE GENERAL LIABILEY CVL4F'CIi_ GE>FRA_ ufiNIVN c RI'AS.N%AE OrnIR I h i' � 6E E t dti F'FdR Ft? J LCC AUTOMOBILE APEOly -1-HiLl ITT n 'llITC rLI FV'LOO.�EC L AIV\-0YMCD 7 IIREDA:UO: F, EXCESS LIAB L NS.AIADE DLU ❑ R. -ENI 4 WORKERS COMPENSATE AND EMPLOYERS LIABILITY YIN N F1101'T' Y. NEF YE VTIJE N A uF c e F Be t:C (DED V "N) �11,111-1 t P r` VERA ,Irl DESCRIPTION OF O1ERATION51 LOCATICN51 VEmXL CERTIFICATE HOLDER City Of Rosemead 8838 E Valley Boulevard ROSemond, CA 91770 L ACORD 25 (2010105) OF INSV0.E0.B AFFO0.01 N.O.OEAGE 308-0888 INSURER B'. INSURIiii _ INBuRE0... NSV0.ER E: (626) 308-1268_ - RERF- ENUMBER: RE NCE FISTED BELOW HAVE BEEN ISSUER TO THE INSEREU NAMED T, TERM NC AFFORDED OF ANY CONTRACT ES OTHER ODC REIN IS INSURANCE AFFORDED OV THE POLICIES DESCRIBED HEREIN IS LIMITS SHOWN MAY HAVE BEEN REUVCEO OV PNU CLNMS. MAR 17 20014 Q� OrtY all"" $Will 1174586-04 11110112013 11110112014 1Amm Ac°RD m+. Aaemonal R.mok. smFru ., I. ane sP•==1r nPlareIII TO ALL THE TERMS. IMITs IINC $ AVe++ujupG _ $ OIOEOF CO APbP� 4 f -.. TEL Z:F ' E r WY Pers i =1"IFe=xaaenl s FM4GE S EFNC= $ S ILzUrtTH 11 -CDENT 5 1,000,000.00 _ -FAEMP'.we 5 1000000.00 -.Lrl — I e 10000I CANCELLATION _ SHOULD ANY OF THE ABOVE ..SCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO. DATE THEREOF, NOTICE WALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. pV1HORIZE. REPRESEMATP/E � - ®1988-2010 ACORD RATION. All Ill raservetl. The ACORD name and logo are registered marks of ACORD Soy ACI > fDATE(MWDOTYYYY) 4aaa CERTIFICATE OF LIABILITY INSURANCE 10/16113 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: lithe certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endoreement(s). PRODUCER CONTACT NAME: a No Est), (626)308 -1519 ac No : (626) 308-0688 Monterey Park Insurance Srvs, Inc. AE-�MA,'ESS. service@montereyparkinsurance.cem 755 S Atlantic Blvd. INSUREMS) AFFORDING COVERAGE NAICN Monterey Park, CA 91754 INSURERA: Employers Compensation Insumnce Company Phone (626) 308-1519 Fax (626) 308-0688 INSURED INSURER B: INSURER C: C E G Engineering Inc. INSURER D: 1543 W Garvey Ave N #210 West Covina, CA 91790 (626) 308-1268 INBUR:RER : NSURR F : 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. INSR LTR TYPE OF ADD INSR UB POLICY NUMBER POLICY EFF MMmD/YYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY ❑ COMMERCIAL GENERAL LIABILITY ❑ ❑ CLAIMS -MADE ❑ OCCUR ❑ EACH OCCURRENCE $ DAMAGE TO RENTEDPREMISES Ea occurrence $ MED EXP (Any one person $ PERSONAL S ADV INJURY $ ❑ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER ❑ POLICY ❑ PRO❑ LOC PRODUCTS-COMP/OPAGG $ $ AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ AALLLL 006 NED ❑ SCHEDULED ❑TOS HIRED AUTOS ❑ AUT S ❑ ❑ COMBINED LSINGLE LIMIT $ BODILY INJURY (Par person) $ BODILY INJURY (Per accident $ PON-OWNED R acccid nDAMAGE $ $ ❑ UMBRELLA LIAR ❑ OCCUR ❑ EXCESS LAB ❑ CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ ❑ DED ❑ RETENTION $ $ A WORKERS COMPENSATION YIN ANY OFFICER/MEMBERPEX�UDEO ECUTIVE (Mandatory In NH) Ryes, describe under DE SCRIPTIONOFOPERATIONSbelow NIA EIG 1174586-04 11/01/2013 11/01/2014 O WC STATU- ❑ OTH- ER LIMANDEMPLOYERS'LIABILITY E. L. EACH ACCIDENT $ 1,000,000.00 E.L. DISEASE - EA EMPLOYE $ 1,000,000.00 EL.DISEASE - POLICY LIMIT 1 $ 1,000,000.00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addaional Remarks Schedule, U more space is required) CERTIFICATE HOLDER CANCELLATION City of Rosemead 8838 E Valley Boulevard Rosemead, CA 91770 ACORD 25 (2010/05) QF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD a1{ A�60021 PROFESSIONAL SERVICES AGREEMENT GENERAL PUBLIC WORKS AND PROFESSIONAL ENGINEERING SERVICES (CEG ENGINEERING, INC.) 1. PARTIES AND DATE: This Agreement is made and entered into this 1St Day of September, 2013 (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 CEG Engineering, Inc. with its principal place of business at 1543 West Garvey Avenue North, Suite 210, West Covina, CA 91790 ("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 general public works and professional engineering services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such ongoing general public works and professional engineering services ("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 general public works and professional engineering consulting services necessary for the Project ("Services"). The Services and hourly rates are more particularly described in Exhibit A CEG ENGINEERING, INC. Page 2 of 11 attached hereto and incorporated herein by reference. and performed in accordance With , this Agreement, the lexhib tseattachedehereto d incorporated herein b � and regulations, y reference, and all applicable local, state and federal laws, rules hereto and 3.1.2 Term. The term of this shown above to July 31, . T Agreement shall be from shall complete the Services within the term of this q Effective Date unless earlier terminated as provided herein. Consultant established schedules and deadlines. Agreement, and shall meet any other 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of determine the Subordinates; Independent Contractor, means, methods y Consultant or under its sue requirements of this Agreement. Ctydretains Consultant on ani deep ndent con basis and not as anemployee. s Of performing the Se Consultant will p Y Consultant retains the right t Services subject to the different services for oth s duan perfersonnel orming the Services under the heterm of this q tractor Agreement. perform similar or employees of Cit Agreement on behalf of Consultantdshallaalso not be control. y and shall at all times be under Consultant's exclusive direction and Consultant shall pay all personnel in connection with their Wages, salaries as required b performance of Services ces under this Agreemand other am ounts ent nt and respecting Y law. Consultant shall be responsible for g such additional personnel, llberp all reports income tax withholding, including, but not limited torp and obligations compensation insurance unemployment insurance social security taxes, disability insurance, and workers' 3.2.2 Schedule of Services. expeditiously, within the term of this rAgreement. shall Professional and technical personnel required r e encs the Services Consultant represents that it has the with such conditions. In order to facilitate Consultant's conformance City shall res perform the Services in conformance pond to In submittals in a time) Consultant shall provide a more detailed schedule of anticipated with the Schedule, the Schedule of Services. Y manner. Upon request of City, performance to meet .3 Con o to the to Applicable approval of cityRequirements. All work prepared by Consultant shall 3.2.4 Substitution of Key Personnel. that certain key personnel will perform consultant has represented to City Agreement. Should one or and coordinate the may substitute other more of such Services under this City. In the event r personnel of at least personnel competence become unavailable equal competencewrittenConsultant personnel Y and Consultant cannot agree as tothe substitution of key City shall be entitled to terminate this pproval of below, any personnel who fail or refuse to the Services for cause. to the City, or who are determined b perform the Se Manner discussed Y the Cit rvices in a manner acceptable City to be uncooperative, incompetent, a CEG ENGINEERING, INC. Page 3 of 11 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 Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Ms. Jessica Yueh, P.E., or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of CEG ENGINEERING, INC. Page 4 of 11 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. 3.2.10.1 Time for Compliance. Consultant shall maintain prior to the beginning of and for the entire duration of this Agreement an insurance coverage and policy as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, as specified in the attached Consultant proposal (i.e., hourly rates, expenses, etc.), but not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) per fiscal year. Such payments shall be made on an as -needed basis as directed by the City. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, CEG ENGINEERING, INC. Page 5 of 11 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 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 CEG ENGINEERING, INC. Page 6 of 11 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 and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: CEG Engineering, Inc. 1543 West Garvey Avenue North, Suite 210 West Covina, CA 91790 Attn: Jessica Yueh, P.E. Tel: (626) 308-1268 CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Director of Public Works 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 CEG ENGINEERING, INC. Page 7 of 11 documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or other, 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. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or CEG ENGINEERING, INC. Page 8 of 11 other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of 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 CEG ENGINEERING, INC. Page 9 of 11 amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which 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 CEG ENGINEERING, INC. Page 10 of 11 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] CEG ENGINEERING, INC. Page 11 of 11 CITY OF ROSEMEAD CEG ENGINEERING, INC. By: t 0 By:Int 3 Af All d, City Manager D td a V V Date Name: J*Soc'i CA `tau -R Attest: Title:D , is olleda, City Clerk (D te� [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: ^J Y� Name: I-nv 7soo' achel Richman Date City Attorney Title: 99em r-aU EXHIBIT A SCOPE OF SERVICES/ HOURLY RATES A-1 10 C E G Engineering, Inc. Consulting Engineers Group 1543 West Garvey Ave. North, Suite 210 West Covina, California 91790 626.308.1268 ' Fax: 626.308.1216 2013 HOURLY RATE SCHEDULE The 2013 Hourly Rate Schedule for professional engineering services performed by CEG Engineering will be at the following rates: Principal Engineer $135.00/hour Senior Engineer $125.00/hour Project Manager $125.00/hour Construction Administration $115.00/hour Project Engineer $100.00/hour Design Engineer $95.00/hour CAD Operator $75.00/hour Clerical $65.00/hour IACEG Englneedng\Project Propo Is\20MEG HOURLY RATE 2013.doe 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. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. 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 ME omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 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 MR endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. MIR] 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this MI 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. MR �o® EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DA 3m DED: $1,000 0510312010 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTB UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THEADDITIONAL INTEREST. PRODUCER D EqAME, PHONE 818)578-2200 CONTACTPERSON AND ADDRESS ( COMPANY NAME AND ADDRESS NAIC NO: 25151 StateFdYB7 AGENT JOSE RIVAS Slate Fan General Insurance Company al_ STATE FARM INSURANCE ®, 3111 W BURBANK BLVD STE101 BURBANK CA 91505 IF MULTIPLECOMPANIES, COMPLETE SEPARATE FORM FOR CA04 aC o: (818)504-7930 AOIAILSS JOSEQAGENTRIVAS.COM CODE: 75 SUB CODE: POLICYTYPE BUSINESS AGENCY ER IDL. 0410 NAMED INSURED AND ADDRESS LOAN NUMBER pOLICYNUMBEq CEG ENGINEERING INC AGREED VALUE 92 -BX -W870-7 G 1543 W GARVEY AVE N STE 210 EFFECTIVE DATE EXPIRATION DATE WEST COVINA CA 91790 06/23/2013 06(23/2014 COMINUED UMIL TERAIINATEDIF CHECNEO ADDITIONAL NAMED INSURED(s) THIS REPLACES PRIOR EVIDENCE DATED: rKUt t:H I Y INFUKrVIA I IUN use KtMARICS on page z, It mores ace Is required) u BUILDING OR Ul BUSINESS PERSONAL PROPERTY LOCATION / DESCRIPTION 1543 W GARVEY AVE N STE 210 WESTCOVINA CA 91790 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAV 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. COVFRAGF_ INFORMATIOM .FRIIRIAQimcn I ..Qu, k oenen COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 46,100 DED: $1,000 NAMEANOADORESS YES NO WA ❑ BUSINESS INCOME ❑RENTALVALUE II YES, LIMIT: Actual Loss Sustained: *of months: BLANKET COVERAGE If YES, Indicate value(s) reported on property Identified above: S TERRORISM COVERAGE IS THERE A TERRORISM -SPECIFIC EXCLUSION? Attach Disclosure Notice/DEC IS DOMESTIC TERRORISM EXCLUDED? LIMITED FUNGUS COVERAGE If YES, LIMIT: DED: FUNGUS EXCLUSION(If"YES", speclfyurganizalion's form used) REPLACEMENT COST AGREED VALUE COINSURANCE BYES, % EQUIPMENT BREAKDOWN (II'Applirable) If YES, LIMIT: DED: ORDINANCEORIAW -Coverage for loss to undamaged porlion of bldg If YES, LIMIT: DED: - Demolition Costs If YES, LIMIT: DED: - Ina. Cost of Construction If YES, LIMIT: DED. EARTH MOVEMENT (IfApplimble) If YES, LIMIT: DED; FLOOD (If Applicable) if VES LIMIT: DED: WIND fHAILOfSub)ectlo DHferentP-ffwI1Wns) -if YES. LIMIT.--- - DED; PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS BUSINESS LIABILITY/ GENERAL AGGREGT/MED/PERSN $1,000,000/$2,000,000/$5,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST MORTGAGEE LENDERS LOSS PAYABLE k( OONTRACTOFSALE CERTIFICATE HOLDER LENDER SERVICING AGENT NAME AND ADDRESS NAMEANOADORESS City of Rosemead 8838 E. Valley Boulevard Rosemead CA 91770 unto P E nvvnv m I�,r, u, ,i rage l of z W LUU3-ZU11 AL:UKL) CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1004364 142990,1 01-22-2013 EVIDENCE OF COMMERCIAL PROPERTY INSURANCE REMARKS - FP -6143 SPECIAL FORM 3 FE -6205 AMENDATORY END FE -6506.2 POLICY END FE5999.1 TERRORISM NOTE FE -6610 POLICY END FE -6655 DIST MAT EXCL FE -6869 BLDGCOVTNTS FE -6312 PR OF LIA EXCL FE -6851 POLENDORSMENT FE -6464 POLICY END FE -6451 DEBRIS REMOVAL FE -6538.1 GLASS DED SECT FE -655i AMEND COLLAPSE FE -5383 DOMESTIC PARTN FE -6656 POLICY END FE -5801 REPORTINGEND FE -6645 [NCR COST DEMO FE -6644 AMENDATORY END if more space Is 1004364 142990.1 01-22-2013 II .i. Interinsurance Exchange of the Automobile Club Automobile Insurance Policy Coverages and Limits Policy Change Declarations 's s Insurance is in effect only for the vehicles, coverages, and limits of liability shown on this declarations page and as set forth in the insurance policy and endorsements. These declarations, together with the contract and the endorsements in effect, complete your policy. s NAMED INSURED Iltem 1.1 Q050314 Pr<ucras uAr a u/-ZV-TJ PLbASE ATTACH TO YOUR POLICY (SEE REVERSE) 073013 AUTO POLICY NUMBER: CAA 066961776 m YUEH, JESSICA POLICY PERIOD (PACIFIC STANDARD TIME) 8056 TOLMAN AVE CHINO CA 91708-9356 POLICY EFFECTIVE DATE: 04-28-13 12:01 A.M. POLICY EXPIRATION DATE: 04-28-14 12:01 A.M. POLICY CHANGE EFFECTIVE DATE: 07-27-13 12:01 A.M. SUBJECT OF POLICY CHANGE THIS IS NOT A BILL ADD/CHANGE VEHICLE This policy change will increase your premium by $730. AUTO -CORRECTION ANNUAL MILEAGE CHG VEHICLESI' VEHICLE YEAR MAKE MODEL IDENTIFICATION VEHICLE GARAGE ANNUAL VERIFIED NUMBER NUMBER USE ZIP CODE MILES MILEAGE 2 2007 TYTA YARIS BASE/S JTDBT923271138039 COMMUTE 91708 2,501 - 5,000 VERIFIED 3 2013 MAZD 6402WD S GRAND TO JMIGJIW60EII29161 COMMUTE 91708 10,001-15,000 VERIFIED COVERAGES AND LIMITS Coverage is not in effect unless a premium or the word "Included" is shown. ANNUAL PREMIUMS COVERAGES LIMITS OF LIABILITY Vehicle 2 Vehicle 3 Vehicle Vehicle Vehicle Liability Bodily Injury $1,000,000 each person/ $1,000,000 each occurrence i $196 $262 ) Property Damage $1,000,000 each occurrence $106 $ 153 Medical - i i No Coverage No Coverage; Physical Damage (Adeal cash VaWs unless oNenaise staled, less ded.1M.) Vehicle 2 -Vehicle 3 Vehicle Vehicle Vehicle Comprehensive ACV ACV $ 51 $75 _(Less Deductible) $250 Collision ACV ACV $297 $677 (Less Deductible) $500 $500 Car Rental Expense . (Per Day) No Coverage No Coverage1 No CoverageNo Coverage; Uninsured Motorist Bodily Injury- $30,000 each person/ $60,000 each accident $ 27 $ 42 Uninsured 8 Underinsured Vehicles Uninsured Deductible Waiver Included i Included Uninsured Collision No Coverage; No Coverage: Total Premium $677 $1209 PREMIUM DISCOUNTS "No Coverage" indicates coverage not purchased. Please refer to the enclosed document entitled "Premium Discounts Applied to Your Automobile Policy." $ 1866 Adjusted Total Annual Premium* (Includes all applicable discounts.) " If at any time you choose to pay less than the full balance outstanding, finance charges of up to 1.5% per month of the balance out will apply Less Policyholder Savings Dividend as explained in your billing statements, which are part of these declarations. (Previously applied to your premium balance) $ 241 $ 1645 Adjusted Net Annual Premium* Balance ager previous dividend Q050314 Pr<ucras uAr a u/-ZV-TJ PLbASE ATTACH TO YOUR POLICY (SEE REVERSE) 073013 Interinsurance Exchange of the Automobile Club Automobile Insurance Policy Coverages and Limits Policy Change Declarations (continued) AUTO POLICY NUMBER: CAA 066961776 POLICY CHANGE EFFECTIVE DATE: 07-27-2013 DRIVERS (UNLESS LISTED AS EXCLUDED) NUMBER OF PRINAULFCID AT -FAULT ACCIDENTS NUMBER OF TRAFFIC CONVICTIONS DRIVER NUMBER DRIVER NAME MINOR I SERIOUS I MAJOR I SEVERE SUSPENSIONS GENDER MARITAL STATUS YEAR FIRST NUMBER LICENSED 1 YUEH, JESSICA FEMALE DIVORCED 1970 2 LIN, WILSON MALE SINGLE 1996 3 TITLE, SEAN -EXCLUDED' MALE SINGLE 4 BOVA,KARA -EXCLUDED' FEMALE SINGLE " IMPORTANT: NO COVERAGE IS PROVIDED BY THIS POLICY WHILE ANY VEHICLE IS BEING OPERATED BY AN EXCLUDED DRIVER. PLEASE crner nc nccrr_nrnrcn ococnei eernneeeuer.rrn nn_eccncur oocv,..,,c, v 1 2 3 4 ENDORSEMENTS AND CERTIFICATES SPECIAL EQUIPMENT" NUMBER I TITLE 2011 MEMBER'S AUTOMOBILE POLICY- POLICY NUMBER CHANGE 2184 EXCLUSION OF DESIGNATED PERSON 2231 GUARANTEED RENEWAL 2298 SELECTION OF UMIUIM COVERAGE ENDORSEMENT PRIMARY 3 ADDITIONAL EXCLUDED EXCLUDED SOUND EQUIPMENT" NO, VAN CONV. OTHER RADIO I PHONE I RADIO I OTHER 2 3 Coverage Is Indicated by a "YES' In the appropriate equipment column. Coverage limitations apply unless coverage was purchased specifically For certain equipment. CAA004 Click AAA.com/myaccount to access your policy information online, pay your bill or 013013314 print additional proof of insurance cards DRIVING RECORD RATED NUMBER OF PRINAULFCID AT -FAULT ACCIDENTS NUMBER OF TRAFFIC CONVICTIONS DRIVER NUMBER DRIVER STATUS VEHICLE NUMBER MINOR I SERIOUS I MAJOR I SEVERE SUSPENSIONS 1 2 3 4 ENDORSEMENTS AND CERTIFICATES SPECIAL EQUIPMENT" NUMBER I TITLE 2011 MEMBER'S AUTOMOBILE POLICY- POLICY NUMBER CHANGE 2184 EXCLUSION OF DESIGNATED PERSON 2231 GUARANTEED RENEWAL 2298 SELECTION OF UMIUIM COVERAGE ENDORSEMENT PRIMARY 3 ADDITIONAL EXCLUDED EXCLUDED SOUND EQUIPMENT" NO, VAN CONV. OTHER RADIO I PHONE I RADIO I OTHER 2 3 Coverage Is Indicated by a "YES' In the appropriate equipment column. Coverage limitations apply unless coverage was purchased specifically For certain equipment. CAA004 Click AAA.com/myaccount to access your policy information online, pay your bill or 013013314 print additional proof of insurance cards Interinsurance Exchange of the Automobile Club ®� Premium Discounts Applied to Your Automobile Policy Auto Policy Number: CAA 066961776 The following automobile premium discounts are available from the Interinsurance Exchange. If you meet the.d(scount requirements, an "X" will appear in the box next to the discount name and you will receive a premium reduction on all coverages that qualify for the discount. X❑ MULTI -POLICY HOMEOWNERS X MULTI -VEHICLE XI SELECT PROFESSIONALS 8 GROUPS X❑ PERSISTENCY DRIVING COURSE ❑ MATURE DRIVER NEW DRIVER GOOD STUDENT X1 GOOD DRIVER YUEH, JESSICA ANTI -THEFT': ELECTRONIC LOCATOR OTHER AIR BAGS" 2007 MA YARIS BASE/S XD GARAGE PARKING' 2007 TYTA YARIS BASES XX VERIFIED MILEAGE: ODOMETER READING 2007 TYTA YARIS BASE/S LIN, WILSON 2013 MAZD 6 4D 2WO S GRAND TO 2013 MAZD 6 4D 2W D S GRAND TO 2013 MAZD 6 4D 2WD S GRAND TO Anti -Theft Device and Garage Parking - Discount applies if Comprehensive coverage is purchased. " Air Bags - Discount applies if Medical Payments and/or Uninsured Motorist Bodily Injury coverage is purchased (refer to page one of the declarations). If you need additional information about any of the above discounts, please refer to the Available Automobile Premium Discounts insert included with your renewal offer (or the insert provided with your application). If you have additional questions about premium discounts or your auto policy, please call us at 1-877-422-2100. CAA0201A EMO 0209 Ed 11-11 c ' CERTIFICATE OF LIABILITY INSURANCE DATE 100/25/1/2511Yvw) 2 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement Astatement on this certificate does not confer rights to the. certificate holder In lieu of such endoreement(s). PRODUCER Monterey Perk Insurance Sm, Inc. 755 S Atlantic Blvd. CAMTACT rt . (626)308-1519 C No): (626)308-0688 FIN MAIL service@JmontereyparMnsuranee.com INSURER(S) AFFORDING COVERAGE NAIC # Monterey Park, CA 91754 INSURERA: Employers Compensaton Insurance Company Phone (626)308-1519 Fax (626)308-0688 INSURED INSURER B: INSURERC: C E G Engineering Inc. INSURER o: 1543 W Garvey Ave Ste 210 COMP/OPAGG S West Covina, CA 91790 (626) 308-1268 INSURERE: AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ UT S ❑ SCHEDULED ❑ HIRED AUTOS ❑ AUTOS NONOWNED ❑ ❑ INSURERF: COVFRAr:FS 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. ILTR TYPE OF INSURANCE ADISHDDL LIED POLICY NUMBER POLICYEFF POLICYEXP LIMITS A GENERAL LIABILITY ❑ COMMERCIAL GENERAL LIABILffY ❑ ❑ CLAIMS -MADE ❑ OCCUR ❑ $ RENTED DRENTED AMAGE a occcumm. $ one Penson) $ WRENRENCE ADV INJURY S ❑ GREGATE S GEHL AGGREGATE LIMIT APPLIES PER: ❑ POLICY ❑ PRO- ❑ LOC COMP/OPAGG S $ AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ UT S ❑ SCHEDULED ❑ HIRED AUTOS ❑ AUTOS NONOWNED ❑ ❑ - Ee eB4J 0 SINGLE LIMIT $ BODILY INJURY(Per person) $ BODILY INJURY (Per accident $ Pa aca%DAMAGE $ $ ❑ UMBRELLALIAB ❑OCCUR ❑ EXCESS UAB ❑CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ ❑ DED ❑ RETENTION$ $ A WORMERS COMPENSATION ANDEMPLOYERS! LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERMEMBER EXCLUDED? (Mendetoryln NH) I'y deectlbe under DES<`RIPTION OF OPERATIONSbelow NIA EIG1174586 03 11101/2012 11/01/2013 ©WC STATU- ❑OTH- TORY LIMITSES E.L EACH ACCIDENT s 1,000,000.00 E.L DISEASE - EA EMPLOYE $ 1,000,000.00 E.L.DISEASE - POLICY LIMIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule. if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE . THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORMED REPRESENTATIVE © 1988-2010 ACORD CORPORATION- All riahts reserved. ACORD 25 (2010/05) QF The ACORD name and logo are registered marks of ACORD Soy ACI > fDATE(MWDOTYYYY) 4aaa CERTIFICATE OF LIABILITY INSURANCE 10/16113 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: lithe certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endoreement(s). PRODUCER CONTACT NAME: a No Est), (626)308 -1519 ac No : (626) 308-0688 Monterey Park Insurance Srvs, Inc. AE-�MA,'ESS. service@montereyparkinsurance.cem 755 S Atlantic Blvd. INSUREMS) AFFORDING COVERAGE NAICN Monterey Park, CA 91754 INSURERA: Employers Compensation Insumnce Company Phone (626) 308-1519 Fax (626) 308-0688 INSURED INSURER B: INSURER C: C E G Engineering Inc. INSURER D: 1543 W Garvey Ave N #210 West Covina, CA 91790 (626) 308-1268 INBUR:RER : NSURR F : 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. INSR LTR TYPE OF ADD INSR UB POLICY NUMBER POLICY EFF MMmD/YYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY ❑ COMMERCIAL GENERAL LIABILITY ❑ ❑ CLAIMS -MADE ❑ OCCUR ❑ EACH OCCURRENCE $ DAMAGE TO RENTEDPREMISES Ea occurrence $ MED EXP (Any one person $ PERSONAL S ADV INJURY $ ❑ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER ❑ POLICY ❑ PRO❑ LOC PRODUCTS-COMP/OPAGG $ $ AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ AALLLL 006 NED ❑ SCHEDULED ❑TOS HIRED AUTOS ❑ AUT S ❑ ❑ COMBINED LSINGLE LIMIT $ BODILY INJURY (Par person) $ BODILY INJURY (Per accident $ PON-OWNED R acccid nDAMAGE $ $ ❑ UMBRELLA LIAR ❑ OCCUR ❑ EXCESS LAB ❑ CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ ❑ DED ❑ RETENTION $ $ A WORKERS COMPENSATION YIN ANY OFFICER/MEMBERPEX�UDEO ECUTIVE (Mandatory In NH) Ryes, describe under DE SCRIPTIONOFOPERATIONSbelow NIA EIG 1174586-04 11/01/2013 11/01/2014 O WC STATU- ❑ OTH- ER LIMANDEMPLOYERS'LIABILITY E. L. EACH ACCIDENT $ 1,000,000.00 E.L. DISEASE - EA EMPLOYE $ 1,000,000.00 EL.DISEASE - POLICY LIMIT 1 $ 1,000,000.00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addaional Remarks Schedule, U more space is required) CERTIFICATE HOLDER CANCELLATION City of Rosemead 8838 E Valley Boulevard Rosemead, CA 91770 ACORD 25 (2010/05) QF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD a1{ A�60021 PROFESSIONAL SERVICES AGREEMENT GENERAL PUBLIC WORKS AND PROFESSIONAL ENGINEERING SERVICES (CEG ENGINEERING, INC.) 1. PARTIES AND DATE: This Agreement is made and entered into this 1St Day of September, 2013 (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 CEG Engineering, Inc. with its principal place of business at 1543 West Garvey Avenue North, Suite 210, West Covina, CA 91790 ("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 general public works and professional engineering services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such ongoing general public works and professional engineering services ("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 general public works and professional engineering consulting services necessary for the Project ("Services"). The Services and hourly rates are more particularly described in Exhibit A CEG ENGINEERING, INC. Page 2 of 11 attached hereto and incorporated herein by reference. and performed in accordance With , this Agreement, the lexhib tseattachedehereto d incorporated herein b � and regulations, y reference, and all applicable local, state and federal laws, rules hereto and 3.1.2 Term. The term of this shown above to July 31, . T Agreement shall be from shall complete the Services within the term of this q Effective Date unless earlier terminated as provided herein. Consultant established schedules and deadlines. Agreement, and shall meet any other 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of determine the Subordinates; Independent Contractor, means, methods y Consultant or under its sue requirements of this Agreement. Ctydretains Consultant on ani deep ndent con basis and not as anemployee. s Of performing the Se Consultant will p Y Consultant retains the right t Services subject to the different services for oth s duan perfersonnel orming the Services under the heterm of this q tractor Agreement. perform similar or employees of Cit Agreement on behalf of Consultantdshallaalso not be control. y and shall at all times be under Consultant's exclusive direction and Consultant shall pay all personnel in connection with their Wages, salaries as required b performance of Services ces under this Agreemand other am ounts ent nt and respecting Y law. Consultant shall be responsible for g such additional personnel, llberp all reports income tax withholding, including, but not limited torp and obligations compensation insurance unemployment insurance social security taxes, disability insurance, and workers' 3.2.2 Schedule of Services. expeditiously, within the term of this rAgreement. shall Professional and technical personnel required r e encs the Services Consultant represents that it has the with such conditions. In order to facilitate Consultant's conformance City shall res perform the Services in conformance pond to In submittals in a time) Consultant shall provide a more detailed schedule of anticipated with the Schedule, the Schedule of Services. Y manner. Upon request of City, performance to meet .3 Con o to the to Applicable approval of cityRequirements. All work prepared by Consultant shall 3.2.4 Substitution of Key Personnel. that certain key personnel will perform consultant has represented to City Agreement. Should one or and coordinate the may substitute other more of such Services under this City. In the event r personnel of at least personnel competence become unavailable equal competencewrittenConsultant personnel Y and Consultant cannot agree as tothe substitution of key City shall be entitled to terminate this pproval of below, any personnel who fail or refuse to the Services for cause. to the City, or who are determined b perform the Se Manner discussed Y the Cit rvices in a manner acceptable City to be uncooperative, incompetent, a CEG ENGINEERING, INC. Page 3 of 11 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 Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Ms. Jessica Yueh, P.E., or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of CEG ENGINEERING, INC. Page 4 of 11 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. 3.2.10.1 Time for Compliance. Consultant shall maintain prior to the beginning of and for the entire duration of this Agreement an insurance coverage and policy as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, as specified in the attached Consultant proposal (i.e., hourly rates, expenses, etc.), but not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) per fiscal year. Such payments shall be made on an as -needed basis as directed by the City. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, CEG ENGINEERING, INC. Page 5 of 11 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 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 CEG ENGINEERING, INC. Page 6 of 11 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 and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: CEG Engineering, Inc. 1543 West Garvey Avenue North, Suite 210 West Covina, CA 91790 Attn: Jessica Yueh, P.E. Tel: (626) 308-1268 CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Director of Public Works 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 CEG ENGINEERING, INC. Page 7 of 11 documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or other, 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. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or CEG ENGINEERING, INC. Page 8 of 11 other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of 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 CEG ENGINEERING, INC. Page 9 of 11 amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which 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 CEG ENGINEERING, INC. Page 10 of 11 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] CEG ENGINEERING, INC. Page 11 of 11 CITY OF ROSEMEAD CEG ENGINEERING, INC. By: t 0 By:Int 3 Af All d, City Manager D td a V V Date Name: J*Soc'i CA `tau -R Attest: Title:D , is olleda, City Clerk (D te� [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: ^J Y� Name: I-nv 7soo' achel Richman Date City Attorney Title: 99em r-aU EXHIBIT A SCOPE OF SERVICES/ HOURLY RATES A-1 10 C E G Engineering, Inc. Consulting Engineers Group 1543 West Garvey Ave. North, Suite 210 West Covina, California 91790 626.308.1268 ' Fax: 626.308.1216 2013 HOURLY RATE SCHEDULE The 2013 Hourly Rate Schedule for professional engineering services performed by CEG Engineering will be at the following rates: Principal Engineer $135.00/hour Senior Engineer $125.00/hour Project Manager $125.00/hour Construction Administration $115.00/hour Project Engineer $100.00/hour Design Engineer $95.00/hour CAD Operator $75.00/hour Clerical $65.00/hour IACEG Englneedng\Project Propo Is\20MEG HOURLY RATE 2013.doe 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. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. 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 ME omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 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 MR endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. MIR] 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this MI 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. MR �o® EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DA 3m DED: $1,000 0510312010 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTB UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THEADDITIONAL INTEREST. PRODUCER D EqAME, PHONE 818)578-2200 CONTACTPERSON AND ADDRESS ( COMPANY NAME AND ADDRESS NAIC NO: 25151 StateFdYB7 AGENT JOSE RIVAS Slate Fan General Insurance Company al_ STATE FARM INSURANCE ®, 3111 W BURBANK BLVD STE101 BURBANK CA 91505 IF MULTIPLECOMPANIES, COMPLETE SEPARATE FORM FOR CA04 aC o: (818)504-7930 AOIAILSS JOSEQAGENTRIVAS.COM CODE: 75 SUB CODE: POLICYTYPE BUSINESS AGENCY ER IDL. 0410 NAMED INSURED AND ADDRESS LOAN NUMBER pOLICYNUMBEq CEG ENGINEERING INC AGREED VALUE 92 -BX -W870-7 G 1543 W GARVEY AVE N STE 210 EFFECTIVE DATE EXPIRATION DATE WEST COVINA CA 91790 06/23/2013 06(23/2014 COMINUED UMIL TERAIINATEDIF CHECNEO ADDITIONAL NAMED INSURED(s) THIS REPLACES PRIOR EVIDENCE DATED: rKUt t:H I Y INFUKrVIA I IUN use KtMARICS on page z, It mores ace Is required) u BUILDING OR Ul BUSINESS PERSONAL PROPERTY LOCATION / DESCRIPTION 1543 W GARVEY AVE N STE 210 WESTCOVINA CA 91790 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAV 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. COVFRAGF_ INFORMATIOM .FRIIRIAQimcn I ..Qu, k oenen COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 46,100 DED: $1,000 NAMEANOADORESS YES NO WA ❑ BUSINESS INCOME ❑RENTALVALUE II YES, LIMIT: Actual Loss Sustained: *of months: BLANKET COVERAGE If YES, Indicate value(s) reported on property Identified above: S TERRORISM COVERAGE IS THERE A TERRORISM -SPECIFIC EXCLUSION? Attach Disclosure Notice/DEC IS DOMESTIC TERRORISM EXCLUDED? LIMITED FUNGUS COVERAGE If YES, LIMIT: DED: FUNGUS EXCLUSION(If"YES", speclfyurganizalion's form used) REPLACEMENT COST AGREED VALUE COINSURANCE BYES, % EQUIPMENT BREAKDOWN (II'Applirable) If YES, LIMIT: DED: ORDINANCEORIAW -Coverage for loss to undamaged porlion of bldg If YES, LIMIT: DED: - Demolition Costs If YES, LIMIT: DED: - Ina. Cost of Construction If YES, LIMIT: DED. EARTH MOVEMENT (IfApplimble) If YES, LIMIT: DED; FLOOD (If Applicable) if VES LIMIT: DED: WIND fHAILOfSub)ectlo DHferentP-ffwI1Wns) -if YES. LIMIT.--- - DED; PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS BUSINESS LIABILITY/ GENERAL AGGREGT/MED/PERSN $1,000,000/$2,000,000/$5,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST MORTGAGEE LENDERS LOSS PAYABLE k( OONTRACTOFSALE CERTIFICATE HOLDER LENDER SERVICING AGENT NAME AND ADDRESS NAMEANOADORESS City of Rosemead 8838 E. Valley Boulevard Rosemead CA 91770 unto P E nvvnv m I�,r, u, ,i rage l of z W LUU3-ZU11 AL:UKL) CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1004364 142990,1 01-22-2013 EVIDENCE OF COMMERCIAL PROPERTY INSURANCE REMARKS - FP -6143 SPECIAL FORM 3 FE -6205 AMENDATORY END FE -6506.2 POLICY END FE5999.1 TERRORISM NOTE FE -6610 POLICY END FE -6655 DIST MAT EXCL FE -6869 BLDGCOVTNTS FE -6312 PR OF LIA EXCL FE -6851 POLENDORSMENT FE -6464 POLICY END FE -6451 DEBRIS REMOVAL FE -6538.1 GLASS DED SECT FE -655i AMEND COLLAPSE FE -5383 DOMESTIC PARTN FE -6656 POLICY END FE -5801 REPORTINGEND FE -6645 [NCR COST DEMO FE -6644 AMENDATORY END if more space Is 1004364 142990.1 01-22-2013 II .i. Interinsurance Exchange of the Automobile Club Automobile Insurance Policy Coverages and Limits Policy Change Declarations 's s Insurance is in effect only for the vehicles, coverages, and limits of liability shown on this declarations page and as set forth in the insurance policy and endorsements. These declarations, together with the contract and the endorsements in effect, complete your policy. s NAMED INSURED Iltem 1.1 Q050314 Pr<ucras uAr a u/-ZV-TJ PLbASE ATTACH TO YOUR POLICY (SEE REVERSE) 073013 AUTO POLICY NUMBER: CAA 066961776 m YUEH, JESSICA POLICY PERIOD (PACIFIC STANDARD TIME) 8056 TOLMAN AVE CHINO CA 91708-9356 POLICY EFFECTIVE DATE: 04-28-13 12:01 A.M. POLICY EXPIRATION DATE: 04-28-14 12:01 A.M. POLICY CHANGE EFFECTIVE DATE: 07-27-13 12:01 A.M. SUBJECT OF POLICY CHANGE THIS IS NOT A BILL ADD/CHANGE VEHICLE This policy change will increase your premium by $730. AUTO -CORRECTION ANNUAL MILEAGE CHG VEHICLESI' VEHICLE YEAR MAKE MODEL IDENTIFICATION VEHICLE GARAGE ANNUAL VERIFIED NUMBER NUMBER USE ZIP CODE MILES MILEAGE 2 2007 TYTA YARIS BASE/S JTDBT923271138039 COMMUTE 91708 2,501 - 5,000 VERIFIED 3 2013 MAZD 6402WD S GRAND TO JMIGJIW60EII29161 COMMUTE 91708 10,001-15,000 VERIFIED COVERAGES AND LIMITS Coverage is not in effect unless a premium or the word "Included" is shown. ANNUAL PREMIUMS COVERAGES LIMITS OF LIABILITY Vehicle 2 Vehicle 3 Vehicle Vehicle Vehicle Liability Bodily Injury $1,000,000 each person/ $1,000,000 each occurrence i $196 $262 ) Property Damage $1,000,000 each occurrence $106 $ 153 Medical - i i No Coverage No Coverage; Physical Damage (Adeal cash VaWs unless oNenaise staled, less ded.1M.) Vehicle 2 -Vehicle 3 Vehicle Vehicle Vehicle Comprehensive ACV ACV $ 51 $75 _(Less Deductible) $250 Collision ACV ACV $297 $677 (Less Deductible) $500 $500 Car Rental Expense . (Per Day) No Coverage No Coverage1 No CoverageNo Coverage; Uninsured Motorist Bodily Injury- $30,000 each person/ $60,000 each accident $ 27 $ 42 Uninsured 8 Underinsured Vehicles Uninsured Deductible Waiver Included i Included Uninsured Collision No Coverage; No Coverage: Total Premium $677 $1209 PREMIUM DISCOUNTS "No Coverage" indicates coverage not purchased. Please refer to the enclosed document entitled "Premium Discounts Applied to Your Automobile Policy." $ 1866 Adjusted Total Annual Premium* (Includes all applicable discounts.) " If at any time you choose to pay less than the full balance outstanding, finance charges of up to 1.5% per month of the balance out will apply Less Policyholder Savings Dividend as explained in your billing statements, which are part of these declarations. (Previously applied to your premium balance) $ 241 $ 1645 Adjusted Net Annual Premium* Balance ager previous dividend Q050314 Pr<ucras uAr a u/-ZV-TJ PLbASE ATTACH TO YOUR POLICY (SEE REVERSE) 073013 Interinsurance Exchange of the Automobile Club Automobile Insurance Policy Coverages and Limits Policy Change Declarations (continued) AUTO POLICY NUMBER: CAA 066961776 POLICY CHANGE EFFECTIVE DATE: 07-27-2013 DRIVERS (UNLESS LISTED AS EXCLUDED) NUMBER OF PRINAULFCID AT -FAULT ACCIDENTS NUMBER OF TRAFFIC CONVICTIONS DRIVER NUMBER DRIVER NAME MINOR I SERIOUS I MAJOR I SEVERE SUSPENSIONS GENDER MARITAL STATUS YEAR FIRST NUMBER LICENSED 1 YUEH, JESSICA FEMALE DIVORCED 1970 2 LIN, WILSON MALE SINGLE 1996 3 TITLE, SEAN -EXCLUDED' MALE SINGLE 4 BOVA,KARA -EXCLUDED' FEMALE SINGLE " IMPORTANT: NO COVERAGE IS PROVIDED BY THIS POLICY WHILE ANY VEHICLE IS BEING OPERATED BY AN EXCLUDED DRIVER. PLEASE crner nc nccrr_nrnrcn ococnei eernneeeuer.rrn nn_eccncur oocv,..,,c, v 1 2 3 4 ENDORSEMENTS AND CERTIFICATES SPECIAL EQUIPMENT" NUMBER I TITLE 2011 MEMBER'S AUTOMOBILE POLICY- POLICY NUMBER CHANGE 2184 EXCLUSION OF DESIGNATED PERSON 2231 GUARANTEED RENEWAL 2298 SELECTION OF UMIUIM COVERAGE ENDORSEMENT PRIMARY 3 ADDITIONAL EXCLUDED EXCLUDED SOUND EQUIPMENT" NO, VAN CONV. OTHER RADIO I PHONE I RADIO I OTHER 2 3 Coverage Is Indicated by a "YES' In the appropriate equipment column. Coverage limitations apply unless coverage was purchased specifically For certain equipment. CAA004 Click AAA.com/myaccount to access your policy information online, pay your bill or 013013314 print additional proof of insurance cards DRIVING RECORD RATED NUMBER OF PRINAULFCID AT -FAULT ACCIDENTS NUMBER OF TRAFFIC CONVICTIONS DRIVER NUMBER DRIVER STATUS VEHICLE NUMBER MINOR I SERIOUS I MAJOR I SEVERE SUSPENSIONS 1 2 3 4 ENDORSEMENTS AND CERTIFICATES SPECIAL EQUIPMENT" NUMBER I TITLE 2011 MEMBER'S AUTOMOBILE POLICY- POLICY NUMBER CHANGE 2184 EXCLUSION OF DESIGNATED PERSON 2231 GUARANTEED RENEWAL 2298 SELECTION OF UMIUIM COVERAGE ENDORSEMENT PRIMARY 3 ADDITIONAL EXCLUDED EXCLUDED SOUND EQUIPMENT" NO, VAN CONV. OTHER RADIO I PHONE I RADIO I OTHER 2 3 Coverage Is Indicated by a "YES' In the appropriate equipment column. Coverage limitations apply unless coverage was purchased specifically For certain equipment. CAA004 Click AAA.com/myaccount to access your policy information online, pay your bill or 013013314 print additional proof of insurance cards Interinsurance Exchange of the Automobile Club ®� Premium Discounts Applied to Your Automobile Policy Auto Policy Number: CAA 066961776 The following automobile premium discounts are available from the Interinsurance Exchange. If you meet the.d(scount requirements, an "X" will appear in the box next to the discount name and you will receive a premium reduction on all coverages that qualify for the discount. X❑ MULTI -POLICY HOMEOWNERS X MULTI -VEHICLE XI SELECT PROFESSIONALS 8 GROUPS X❑ PERSISTENCY DRIVING COURSE ❑ MATURE DRIVER NEW DRIVER GOOD STUDENT X1 GOOD DRIVER YUEH, JESSICA ANTI -THEFT': ELECTRONIC LOCATOR OTHER AIR BAGS" 2007 MA YARIS BASE/S XD GARAGE PARKING' 2007 TYTA YARIS BASES XX VERIFIED MILEAGE: ODOMETER READING 2007 TYTA YARIS BASE/S LIN, WILSON 2013 MAZD 6 4D 2WO S GRAND TO 2013 MAZD 6 4D 2W D S GRAND TO 2013 MAZD 6 4D 2WD S GRAND TO Anti -Theft Device and Garage Parking - Discount applies if Comprehensive coverage is purchased. " Air Bags - Discount applies if Medical Payments and/or Uninsured Motorist Bodily Injury coverage is purchased (refer to page one of the declarations). If you need additional information about any of the above discounts, please refer to the Available Automobile Premium Discounts insert included with your renewal offer (or the insert provided with your application). If you have additional questions about premium discounts or your auto policy, please call us at 1-877-422-2100. CAA0201A EMO 0209 Ed 11-11 c ' CERTIFICATE OF LIABILITY INSURANCE DATE 100/25/1/2511Yvw) 2 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement Astatement on this certificate does not confer rights to the. certificate holder In lieu of such endoreement(s). PRODUCER Monterey Perk Insurance Sm, Inc. 755 S Atlantic Blvd. CAMTACT rt . (626)308-1519 C No): (626)308-0688 FIN MAIL service@JmontereyparMnsuranee.com INSURER(S) AFFORDING COVERAGE NAIC # Monterey Park, CA 91754 INSURERA: Employers Compensaton Insurance Company Phone (626)308-1519 Fax (626)308-0688 INSURED INSURER B: INSURERC: C E G Engineering Inc. INSURER o: 1543 W Garvey Ave Ste 210 COMP/OPAGG S West Covina, CA 91790 (626) 308-1268 INSURERE: AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ UT S ❑ SCHEDULED ❑ HIRED AUTOS ❑ AUTOS NONOWNED ❑ ❑ INSURERF: COVFRAr:FS 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. ILTR TYPE OF INSURANCE ADISHDDL LIED POLICY NUMBER POLICYEFF POLICYEXP LIMITS A GENERAL LIABILITY ❑ COMMERCIAL GENERAL LIABILffY ❑ ❑ CLAIMS -MADE ❑ OCCUR ❑ $ RENTED DRENTED AMAGE a occcumm. $ one Penson) $ WRENRENCE ADV INJURY S ❑ GREGATE S GEHL AGGREGATE LIMIT APPLIES PER: ❑ POLICY ❑ PRO- ❑ LOC COMP/OPAGG S $ AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ UT S ❑ SCHEDULED ❑ HIRED AUTOS ❑ AUTOS NONOWNED ❑ ❑ - Ee eB4J 0 SINGLE LIMIT $ BODILY INJURY(Per person) $ BODILY INJURY (Per accident $ Pa aca%DAMAGE $ $ ❑ UMBRELLALIAB ❑OCCUR ❑ EXCESS UAB ❑CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ ❑ DED ❑ RETENTION$ $ A WORMERS COMPENSATION ANDEMPLOYERS! LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERMEMBER EXCLUDED? (Mendetoryln NH) I'y deectlbe under DES<`RIPTION OF OPERATIONSbelow NIA EIG1174586 03 11101/2012 11/01/2013 ©WC STATU- ❑OTH- TORY LIMITSES E.L EACH ACCIDENT s 1,000,000.00 E.L DISEASE - EA EMPLOYE $ 1,000,000.00 E.L.DISEASE - POLICY LIMIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule. if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE . THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORMED REPRESENTATIVE © 1988-2010 ACORD CORPORATION- All riahts reserved. ACORD 25 (2010/05) QF The ACORD name and logo are registered marks of ACORD ` 11 Interinsurance Exchange of the Automobile Club Automobile Insurance Policy Coverages and Limits Policy Change Declarations Insurance is in effect only for the vehicles, coverages, and limits of liability shown on this declarations page and as set forth in the insurance policy and endorsements. These declarations, together with the contract and the endorsements in effect, complete your policy. INSURED YUEH, JESSICA 8056 TOLMAN AVE CHINO CA 91708-9356 AUTO POLICY NUMBER: CAA 066961770 POLICY PERIOD (PACIFIC STANDARD TIME) POLICY EFFECTIVE DATE: 04-28-13 12:01 A.M. POLICY EXPIRATION DATE: 04-28-14 12:01 A.M. POLICY CHANGE EFFECTIVE DATE: 07-27-13 12:01 A.M. SUBJECT OF POLICY CHANGE THIS IS NOT A BILL ADD/CHANGE VEHICLE This policy change will increase your premium by $730. AUTO -CORRECTION ANNUAL MILEAGE CHG VEHICLES i Bodily Injury $1,000,000 each person/ $1,000,000 each occurrence l $ 196 $ 262 Property Damage $1,000,000 each occurrence $ 106 $ 163 Medical VEHICLE YEAR MAKE MODEL IDENTIFICATION VEHICLE GARAGE ANNUAL VERIFIED NUMBER (Less Deductible) $250 $250 NUMBER USE ZIP CODE MILES MILEAGE 2 2007 TYTA YARIS BASE/S JTDBT923271138039 COMMUTE 91708 2,501 - 5,000 VERIFIED 3 2013 MAZD 6 4D 2WD S GRAND TO JM1GJ1 W60E7129161 COMMUTE 91708 10,001 - 15,000 VERIFIED COVERAGES AND LIMITS ANNUAL PREMIUMS Coverage Is not In effect unless a premium or the word "Included" is shown. COVERAGES LIMITS OF LIABILITY Vehicle 2 Vehicle 3 Vehicle Vehicle Vehicle Liability i Bodily Injury $1,000,000 each person/ $1,000,000 each occurrence l $ 196 $ 262 Property Damage $1,000,000 each occurrence $ 106 $ 163 Medical No Coverage: No Coverage j Physical Damage (Actual Cash Value unless mhewuia slated, less deductible) Vehicle 2 vehicle 3 Vehicle Vehicle Vehicle Comprehensive ACV ACV $ 61 ! $ 76 (Less Deductible) $250 $250 i Collision ACV ACV $297 $677 (Less Deductible) $500 $500 Car Rental Expense Per Day) No Coverage No Coverage No CoverageNo Coverage! Uninsured Motorist Bodily Injury - $30,000 each persord $60,000 each accident $ 27 $ 42 Uninsured 8 Underinsured Vehicles Uninsured Deductible Waiver Included Included Uninsured Collision i No Coverage; No Coverage; Total Premium $677 $1209 PREMIUM DISCOUNTS - "No Coverage" indicates coverage not purchased. Please refer to the enclosed document entitled "Premium Discounts Applied to Your Automobile Policy." Adjusted Total Annual Premium` If at any time you choose to pay less than the full balance outstanding, (Includes all appllcable discounts.) $ 1886 finance charges of up to 1.5% per month of the balance outstanding will apply Less Policyholder Savings Dividend s explained in your billing statements, which are part of these declarations, (Previously applied to your premium balance) $ 241 Adjusted Net Annual Premium" IRnlervn.(1— nmuimm dn,We. $ 1645 E20d?33u PROCESS DATE 07.29-13 PLEASE ATTACH TO YOUR POLICY 07do�i (SEE Interinsurance Exchange of the Automobile Club Automobile Insurance Policy Coverages and Limits Policy Change Declarations (continued) AUTO POLICY NUMBER: CAA 066961776 POLICY CHANGE EFFECTIVE DATE: 07-27-2013 DRIVERS (UNLESS LISTED AS EXCLUDED) DRIVER NAME GENDER MARITAL STATUS YEAR FIRST NUMBER LICENSED 1 YUEH, JESSICA - FEMALE DIVORCED 1970 2 LIN, WILSON MALE SINGLE 1998 3 TITLE,SEAN -EXCLUDED' MALE SINGLE 4 BOVA,ItARA -EXCLUDED' FEMALE SINGLE ` IMPORTANT: NO COVERAGE IS PROVIDED BY THIS POLICY WHILE ANY VEHICLE IS BEING OPERATED BY AN EXCLUDED DRIVER. PLEASE READ THE "EXCLUSION OF DESIGNATED PERSON ENDORSEMENT" AGREEMENT PREVIOUSLY PROVIDED TO YOU. (Endorsement No. 2184 DRIVING RECORD DRIVER NUMBER OF RATED NUMBER PRINCIPALLY NUMBER OF TRAFFIC CONVICTIONS DRIVER STATUS VEHICLE AT -FAULT ACCIDENTS MINOR SERIOUS MAJOR REVERE SUSPENSIONS NUMBER 1 2 3 4 ENDORSEMENTS AND CERTIFICATES NUMBER 1 TITLE 2011 MEMBER'S AUTOMOBILE POLICY— POLICY NUMBER CHANGE 2184 EXCLUSION OF DESIGNATED PERSON 2231 GUARANTEED RENEWAL 2296 SELECTION OF UMIUIM COVERAGE ENDORSEMENT PRIMARY 3 ADDITIONAL EXCLUDED EXCLUDED SPECIAL EQUIPMENT" I SOUND EQUIPMENT" VEH. CAMPER/ OTHER 2 -WAY TELE- RAOIO OTHER NO. VAN CONV. RADIO PHONE Coverage is indicated by a "YES' in the appropriate equipment column. Coverage limitations apply unless coverage was purchased specifically for certain equipment. ANY PHYSICAL DAMAGE LOSS MAY BE MADE PAYABLE TO YOU AND ANY INTEREST LISTED BELOW: CwNw Click AAA.comfmyaccount to access your policy information online, pay your bill or 073011331d print additional proof of insurance cards If Interinsurance Exchange of the Automobile Club , l. ®� Premium Discounts Applied to Your Automobile Policy Auto Policy Number: CAA 066961776 The following automobile premium discounts are available from the Inlerinsurance Exchange. If you meet the_discounl requirements, an "X" will appear in the box next to the discount name and you will receive a premium reduction on all coverages that qualify for the discount. 0 MULTI -POLICY HOMEOWNERS I] MULTI -VEHICLE X❑ SELECT PROFESSIONALS 8 GROUPS I] PERSISTENCY n DRIVING COURSE MATURE DRIVER NEW DRIVER GOOD STUDENT l� GOOD DRIVER YUEH, JESSICA ANTI -THEFT': ELECTRONIC LOCATOR OTHER lXI AIR BAGS " 2007 TYTA YARIS BASE/S 0 GARAGE PARKING' 2007 TYTA YARIS BASES M VERIFIED MILEAGE: ODOMETER READING 2007 TYTA YARIS BASE/S LIN, WILSON 2013 MAZD 6 4D 2WD S GRAND TO 2013 MAZD 6 4D 2WD S GRAND TO 2013 MAZD 64D 2WD S GRAND TO ' Anti -Theft Device and Garage Parking - Discount applies if Comprehensive coverage is purchased. Air Bags - Discount applies if Medical Payments and/or Uninsured Motorist Bodily Injury coverage is purchased (refer to page one of the declarations). If you need additional information about any of the above discounts, please refer to the Available Automobile Premium Discounts insert included with your renewal offer (or the insert provided with your application). If you have additional questions about premium discounts or your auto policy, please call us at 1-877-422-2100. C�AA0201A OiN073128 8208 Ed 11-11 A� �® EVIDENCE OF COMMERCIAL PROPERTY INSURANCE D YI DED: $1,000 06/013/2013 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PROO ERAME, ON816578-2200 CONTACTPERSON AND ADDRESS PHAIC E E ( I COMPANY NAME AND ADDRESS 5151 _ NAIC NO: 2 SiafeFdrlN AGENT JOSE RIVAS State Farm General Insurance Company STATE FARM INSURANCE • 3111 W BURBANK BLVD STE 101 BURBANK CA 91505 IF MULTIPLE COMPANIES. COrAPLETESEPAItATE FORM FOR EACH FA% 0:(818)5047960 AO�gIES,. JOSEQAGENTRIVAB.COM CODE: 76 SUB CODE: POLICY TYPE BUSINESS AGENTFRD . 0410 NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER CEG ENGINEERING INC - REPLACEMENTCOST 92-BX-WB70-7 G 1543 W GARVEY AVE N STE 210 EFFECTIVE DATE EXPIRATION DATE WEST COVfNA CA 91790 08123/2013 - 06/23/2014 CONTINUED NTIL IF TERMINATED CNECXEo ADDITIONAL NAMED INSURED($) THIS REPLACES PRIOR EVIDENCE DATED: mrvna,nIrvn onnnrw vu Paas"nnwlca nce ISregtnruu) uOUILUIPUJUK MDUAIKWDrCKSUNALPKVPCKIY LOCATfON / DESCRIPTION 1543 W GARVEY AVE N STE 210 WEST COVINA CA 91790 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE 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. envGDAne IArcno MnTInm F V ,,..... - COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 46,100 DED: $1,000 NAME AND ADDRESS YES NO NIA ❑ BUSINESS INCOME ❑ RENTAL VALUE If YES, LIMIT: Actual Loss Sustained; #Of months: BLANKET COVERAGE If YES. indicate value(s) reported on property Identified above: $ TERRORISM COVERAGE Attach Disclosure Notice I DEC IS THERE A TERRORISM -SPECIFIC EXCLUSION? IS DOMESTIC TERRORISM EXCLUDED? LIMITED FUNGUS COVERAGE If YES, LIMIT: DED: FUNGUS EXCLUSION (If'YES', specify organizat'on's form used) REPLACEMENTCOST AGREED VALUE COINSURANCE jIfYES. EQUIPMENT BREAKDOWN (If Applicable) If YES. LIMIT: DED: ORDINANCEORLAW -Coverage for loss to undamaged portion of bldg If YES, LIMIT: - DED: - Demolition Costs If YES, LIMIT: DED: - Ina. Cost of Construction If YES, LIMIT: DED: EARTH MOVEMENT (If Applicable) If YES, LIMIT: DED: FLOOD (If Applicable) If YES, LIMB: DED: WIND /HAIL (it Subject to Different Provisions) If YES, LIMIT: DED: PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS BUSINESS LIABILITY/ GENERAL AGGREGT/ MED/PERSN $1,000,000 / $ 2,000.000! $5,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST MORTGAGEE LENDERS LOSS PAYABLE X CONTRACT OF SALE CERTIFICATE HOLDER LENDER SERVICING AGENT NAME AND ADDRESS NAME AND ADDRESS City of Rosemead 8838 E. Valley Boulevard jEF Rosemead CA 91770 UTH PPR rT Awnu AU jZUT VTT) Page 1 of 2 U 2003.2011 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1004364 142990.1 01-22-2013 EVIDENCE OF COMMERCIAL PROPERTY INSURANCE REMARKS - Including Special Conditions (Use only if more space is required( FP -6143 SPECIAL FORM FE -6206 AMENDATORY END FE -6506.2 POLICY END FE -6999.1 TERRORISM NOTE FE -6610 POLICY END FE -6655 DIST MAT EXCL FE -6859 _ BLDG COV TNTS FE -6312 PR OP LIA EXCL FE -6851 POL ENDORSMENT FE -6464 POLICY END FE -6451 DEBRIS REMOVAL FE -6538.1 GLASS DED SECI FE -6551 AMEND COLLAPSE FE -5383 DOMESTIC PARTN - FE -6656 POLICY END FE -5801 REPORTING END FE -6645 [NCR COST DEMO FE -6644 AMENDATORYEND ACORD 28 (2011111( Paas 2 of 2 1004364 142990.1 01-22-2013 Aa,,,-.OR131 - CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 06/14/13 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(les) 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 CONTACT NAME: Monterey Pall( Insurance SNS, Inc.PHONfE 755 S Atlantic Blvd. E (626)308-1519 No : (626)308-0688 -MAIL servlce@montereyparkinsurance.com INSURERS AFFORDING COVERAGE MAIC# Monterey Park, CA 91754 INSURERA: Employers Compensation Insurance Company Phone (626) 308-1519 Fax (626) 308-0688 INSURED INSURER R : INSURER C: C E G Engineering Inc. INSURER D : 1543 W Garvey Ave Ste 210 INSURER E West Covina, CA 91790 (626) 308-1268 AUTOMOBILE LIABILITY ❑ ANy AUTO ALL OW NED SCHEDULED ❑ AUTOS ❑ AUTOS NON -OWNED ❑ HIRED AUTO$ E:] AUTOS ❑ ❑ NSURER F: 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. ILTR TYPE OF INSURANCE ADD INSR SUBR WVD POLICY NUMBER POLICYEFF MMIDD POLICY EXP MMIDD LIMITS GENERAL LIABILITY ❑ COMMERCIAL GENERAL LIABILITY ❑ ❑ CLAIMS -MADE ❑ OCCUR ❑ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (My ane person $ PERSONAL B ADV INJURY $ ❑ GENERAL AGGREGATE $ GEHL AGGREGATE LIMIT APPLIES PER: ❑ POLICY ❑ PRO- ❑ LOC PRODUCTS-COMP/OP AGG $ $ AUTOMOBILE LIABILITY ❑ ANy AUTO ALL OW NED SCHEDULED ❑ AUTOS ❑ AUTOS NON -OWNED ❑ HIRED AUTO$ E:] AUTOS ❑ ❑ 1 1 OMeBINEeD11NGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per sooldenl $ PROPERTY DAMAGE Per aaidenl $ $ ❑ UMBRELLA LIAR ❑ OCCUR ❑ EXCESS LIAB ❑CLAIMS -MADE EACH OCCURRENCE S AGGREGATE $ ❑ DED ❑ RETENTION $ $ A WORNERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORJPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) El H yes tlescdbe under DE SCRIPTION OF OPERATIONSbol. NIA EIG 117458603 11/01/2012 11/01/2013 ❑ WCSTAIMU ❑ ERµ E.L. EACH ACCIDENT $ 1,000,000.00 E.L DISEASE -EA EMPLOYE $ 1,000,000.00 E.L DISEASE -POLICY LIMIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional RemaMs Schedule, N more space is required) I�CRI lf•IVXIC RVLVCR \,NIYVCLLXIIVIY City of Rosemead 8838 E Valley Boulevard Rosemead, CA 91770 ACORD 25 (2010105) OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A4CC>RDr CERTIFICATE OF LIABILITY INSURANCE DATE IMM DD YYYY) �„y,..~' 06/05/2013 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 -e r terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to one certificate holder in lieu of such endorsement(s). PRODUCER CONTACT GENERAL LIABILITY NAME: Marsh U.S. Consumer PHONE a service of Seabury & Smith, Inc. P.O. BOX 8146 Des Moines, IA 50306-8146 A/C, No): EMAIL FAX ADDRESS: A/C, No): PRODUCER ❑ COMMERICAL GENERAL LIABILITY ❑❑ CLAIMS -MADE ❑ OCCUR ❑ F] CUSTOMER ID: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Certain Undemrlters at Lloyd's of London 1122900 INSURER B: C E G Engineering, Inc. Consulting Engineers Group I Suite 210 INSURER C: 1543 West Garvey Avenue North INSURER D: West Covina, CA 91790INSURER E: NSURER F: PRODUCTS - COMPIOP AGG $ 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. INS LETR TYPE OF INSURANCE ADDL INSR SUER WD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DDNYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE It ❑ COMMERICAL GENERAL LIABILITY ❑❑ CLAIMS -MADE ❑ OCCUR ❑ F] - DAMAGE TO RENTED $ PREMISES Ea occurrence MED EXP (Any one person) $ PERSONAL& ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: E] POLICY ❑ PROJECT F1 LOC PRODUCTS - COMPIOP AGG $ $ AUTOMOBILE ❑ANY ❑ LIABILITY AUTO ALL COMBINED SINGLE LIMIT $ Each Occurrence BOO INJURY $ Per ❑ OWNED AUTOS SCHEDULED AUTOS y IN BODILY NJURY $ Per accident ❑ ❑ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident $ ❑ $ ❑ UMBRELLA LIAB ❑ OCCUR EACH OCCURRENCE $ ❑ EXCESS LIAB ❑ CLAIMS -MADE AGGREGATE $ ❑ DEDUCTIBLE $ ❑ RETENTION $ $ WORKERS COMPENSATION Y/N AND EMPLOYERS' LIABILITY ❑ WC STATU-OTH TORY LIMITS ❑ ER ANY PROPRIEfOR/PARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? EL EACH ACCIDENT $ WA E.L. DISEASE- EA EMPLOYEE S (Mandator, in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - -POLICY LIMIT $ OTHER - DEDUCTIBLE: PER CLAIM $0 ENGINEERS A - PROFESSIONAL LIABILITY INSURANCE 5000227 06/01/2013 06/01/2014 LIMITS: PER CLAIM $1,909,000 RETRO DATE: 06/01/2000 AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CLAIMS MADE POLICY CERTIFICATE 'ity of Rosemead .)38 East Valley Blvd. Rosemead, CA 91770 ACORD 25 (2009/09) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY ov Awrtr� wrcrunwuum AU rlgnts reserve, The ACORD name and logo are registered marks of Acord ACOR" EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DATE IM MIDDI Y ) L `./ 1 0 6/0 312 01 3 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER 'THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PRODUCER NAME,PHONE 818578-2200 COMPANY NAME AND ADDRESS NAIL No: 25151 CONTACTPERSON ANDADDRESS C o E#: identified above: $ Stafefarm AGENT JOSE RIVAS - State Farm General Insurance Company STATEFARMINSURANCE IS THERE A TERRORISM -SPECIFIC EXCLUSION? 3111 W BURBANK BLVD STE 101 BURBANK CA 91505 IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH FAX No: (818)504-7960 ooOS@AGENTRIVAS.COM CODE: 75 SUB CODE: POLICY TYPE BUSINESS AGENCY 0410 CUSTOMER IDS, NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER CEG ENGINEERING INC It YES, 92 -BX -W870-7 G 1543 W GARVEY AVE N STE 210 EFFECTIVE DATE EXPIRATION DATE ORDINANCE OR LAW - Coverage for loss to undamaged portion of bldg If YES, LIMIT: DED: - Demolition Costs CONTINUED UNTIL WESTCOVINA CA 91790 06/23/2013 06/23/2014 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: rrtvrr=rt I r mrvrcrvlH I Ivry (..e rt.w'n rta mI peye c, a uwre ape�c a icyu cul - - LOCATION r DESCRIPTION 1543 W GARVEY AVE N STE 210 WEST COVINA CA 91790 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE 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. COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 46,100 DED: $1,000 YES NO NIA ❑ BUSINESS INCOME ❑ RENTAL VALUE If YES, LIMIT: Actual Loss Sustained: # of months: '.ANKET COVERAGE If YES, indicate valuate) reported on property identified above: $ . 2RRORISM COVERAGE Attach Disclosure Notice / DEC IS THERE A TERRORISM -SPECIFIC EXCLUSION? IS DOMESTIC TERRORISM EXCLUDED? LIMITED FUNGUS COVERAGE If YES, LIMIT: DED: FUNGUS EXCLUSION (If "YES", specify organization's form used) REPLACEMENT COST AGREED VALUE COINSURANCE It YES, EQUIPMENT BREAKDOWN (If Applicable) If YES, LIMIT: DED: ORDINANCE OR LAW - Coverage for loss to undamaged portion of bldg If YES, LIMIT: DED: - Demolition Costs If YES, LIMIT: DED: - Incr. Cost of Construction If YES, LIMIT: DED: EARTH MOVEMENT (If Applicable) If YES, LIMIT: DED: FLOOD (If Applicable) If YES, LIMIT: DEP. WIND / HAIL (If Subject to Different Provisions) If YES, LIMIT: DED: PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS BUSINESS LIABILITY/ GENERAL AGGREGT/ MED/PERSN $1,000,0001$ 2,000,000 / $5,000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST MORTGAGEE CONTRACT OF SALE LENDERS LOSS PAYABLE HX CERTIFICATE HOLDER NAME AND ADDRESS CITY OF ROSEMEAD 8838 EAST VALLEY RD ROSEMEAD CA 91770 LENDER SERVICING AGENT NAME AND ADDRESS ACORD 28 (2011111) Page 1 @ 2603-2011 ACORD CORPORATION. All rights reserved. The ACORD name and logo a registered marks of ACORD 1004364 142990.1 01-22-2013 E M E S 'o 014909' AW �Q /NOORPORATED 19h0 PROFESSIONAL SERVICES AGREEMENT FEDERAL SAFE ROUTES TO SCHOOL PROJECT WALNUT GROVE AVENUE ENHANCEMENTS — ELECTRICAL DESIGN (CEG ENGINEERING, INC.) PARTIES AND DATE. This Agreement is made and entered into this lb—lay of 20 P (Effective Date) by and between the City of Rosemead, a municipal organiz tion 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 CEG Engineering, Inc. with its principal place of business at 1543 West Garvey Avenue North, Suite 210, West Covina, CA 91790 ("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 electrical engineering services to public clients, is licensed in the State of California and is familiarwith the plans of City. 2.2 Project. City desires to engage Consultant to render such electrical engineering services for the Federal Safe Routes to School Project — Walnut Grove Avenue Enhancements("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 electrical engineering services CEG ENGINEERING, INC. 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, 2014 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 CEG ENGINEERING, INC. 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, 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. CEG ENGINEERING, INC. Page 4 of 10 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 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 Twelve Thousand Five Hundred Dollars ($ 12,500.00). Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment 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 CEG ENGINEERING, INC. 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 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: CEG ENGINEERING, INC. Page 6 of 10 CONSULTANT: CEG Engineering, Inc. 1543 West Garvey Avenue North, Suite 210 West Covina, CA 91790 Attn: Jessica Yueh, P.E. Phone: (626) 308-1268 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. CEG ENGINEERING, INC. Page 7 of 10 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, 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 CEG ENGINEERING, INC. Page 8 of 10 successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, 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 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. CEG ENGINEERING, INC. 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] CEG ENGINEERING, INC. Page 10 of 10 CITY OF ROSEMEAD By: 3-A JeffAllred, City Manager Attest: CEG ENGINEERING, INC. 7"119-13 By: 3(4- P Date v Date IJ_ •ria Molle8g, City Clerkt. Name:. res5le r gJaI ' [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] By: ?1,2-vl3 Date Name: 7-s at Title: S r Y CEG ENGINEERING, INC. EXHIBIT A SCOPE OF SERVICES SEE REQUEST FOR PROPOSAL (RFP) AND CONSULTANT'S PROPOSAL A-1 C E G Engineering Inc10 . Consulting Engineers Group 1543 W Garvey Ave N, #210, West Covina, CA 91790 TEL (626) 308-1268 FAX (626) 308-1216 Mr. Rafael Fajardo, Associate Civil Engineer City of Rosemead 8836 East Valley Blvd. Rosemead, CA 91770 Reference: Walnut Grove Ave Street Lighting Improvements City of Rosemead, California Dear Mr. Fajardo, July 8, 2013 We are pleased to provide this proposal for electrical engineering services for the above referenced project. A. PROJECT DESCRIPTION As we understand it, the Walnut Grove Avenue bounded by between Marshal Street and Valley Boulevard is part of Rule 20 - forced relocation to underground of overhead utility lines. As part of the forced relocation to underground, the City of Rosemead will take the lead on the street lighting portion of the work and coordinate with SCE for the installation of decorative LED street luminaries along Walnut Grove. Our engineering services for the Rule 20 street lighting portion of work will include the following services and tasks: Provide construction documents for the installation of decorative LED street lighting along Walnut Grove Ave. between Marshal Street and Valley Blvd. New light street standards will provide on the west and east side of Walnut Grove with some light standards with double luminaires in the center median as the space allows. 2. Lighting on the traffic signals at the intersections of Walnut Grove Ave. and Marshal St. and Walnut Grove Ave and Valley Blvd are excluded from this scope of work. The electrical design will include new LED street light standards to replace existing SCE power pole mounted luminaries and SCE luminaires mounted on steel poles in cul-de-sacs west of Walnut Grove Ave. New street lights standards in the cul-de-sacs will be shown as an additive alternate in the construction documents and be connected to the underground lighting system along Walnut Grove Ave. This additive alternate design will be coordinated with SCE Rule 20 underground work. 4. The new decorative LED light standards have one or two luminaires located to provide light level in accordance with IES Standards and the City of Rosemead's Standards. Photometry calculations will be provided for the new street lighting. /iCEC.F.ngmnefi gNjm Pm .1,120131CM OFROSFM DIW1nm Croveyroyotal Aoa 10 C E G Engineering Inc. Consulting Engineers Group C. Mr. Rafael Fajardo, Associate Civil Engineer City of Rosemead Walnut Grove Ave Street Lighting Improvements July 8, 2013 Page 2 5. Conduits will be installed in the street along with the other underground utility conduits with conductors and power provided by SCE. A street lighting power meter may also be required. Installation of underground conduits, pull boxes and the location of the new street light standards will be coordinated with SCE Rule 20 work. 6. Landscaping Lighting: a. Landscape lighting in the center median will be provide based on the landscape drawings and may include receptacles adjacent to trees for seasonal decorative tree lighting. Power the landscape lighting, receptacle and irrigation controller will be provided from a separate meter/panel pedestal. 7. Our electrical services will include coordination meetings with SCE, limit of two- four hour meeting and two-four hour meetings City personnel and the Landscape Architect. 8. The drawings will include a lighting control system, installation details and electrical branch circuiting to the new lighting. Branch circuiting conduit will include conduit only for future lighting and security systems as required. 9. Electrical Specification will be provided on book format. 10. Construction Administration will consist of the following services: a. Office consultation during the bidding period. b. Office consultation during the construction period. c. Shop drawings and submittal review. d. Change order as may be required and review of their cost. e. Field observation of construction followed by a Field Observation Report. Field Observation will be limited to a electrical construction rough -in and final project punch out. WORK NOT INCLUDED 1. Changes in the owner's requirements that would result in revisions in a design. COMPENSATION 1. For scope of work described above, we propose that our electrical services be done at a lump sum of $12,500.00, payable per the following payment schedule: Completion of Design Development 35% $4,375.00 Completion of Construction Document 55% $6,875.00 Completion of Construction Administration 10% $1.250.00 C E G Engineering Inc10 . Consulting Engineers Group Mr. Rafael Fajardo, Associate Civil Engineer City of Rosemead Walnut Grove Ave Street Lighting Improvements July 8, 2013 Page 3 Total Engineering Fee 100% $12,500.00 2. Compensation for extra service shall be reimbursed on an hourly basis per the attached 2013 Hourly Rate Schedule. 3. All plotting and printing for Architect/Owner review, delivery, photography, postage, and other fees shall be billed as Reimbursable Expenses plus 10% of cost. D. ABANDONMENT In the event the project is abandoned, the compensation will be based on the last progress billing plus a mutually agreed upon amount for the work completed since the last billing. E. ACCEPTANCE If this proposal is acceptable to you, please sign and return one copy to us. We are prepared to commence work upon execution of this agreement. The proposal will remain in effect for 60 days from the date of proposal. We thank you for the opportunity to present this proposal and look forward to working with you. Very truly yours, CEG Engineering, Inc. Jessica Yueh, M.S., P.E. Accepted by: City of Rosemead Date: CEG ENGINEERING, INC. ;:1:11-31111= 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. 10 CEG ENGINEERING, INC. For Contracts Providing Professional Services (Non -Construction): 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 betterand 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. FM CEG ENGINEERING, INC. 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. M CEG ENGINEERING, INC. 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 CEG ENGINEERING, INC. Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. M V CERTIFICATE OF LIABILITY INSURANCE BATE(NthNofYYIYYI I �013irioi2 . 4HIS CERTIFICATE IS ISSUED AS'A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9OL6ERrTH15: '§ERTIFICATE•.DOES-NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEOBY;LTHE POLICIES; ZEL'OW.`THIS :CERTIFICATE ;OF INSURANCE, DOES. NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S);, AUTHORIZED' - REPRESENTATIVES OR'P.RODUCER,AND.THE CERTIFICATE HOLDER. -' IMPORTANT:Ifthe certificate -..holder,is' an. ADDITIONAL INSURED, the policy(los) must be endorsed. If SUBROGATIONIS.WAIVED; sub)ect to ttic i • lerms;andcondltlons of(thp policy, ceitain policies may require an endorsement. A statement on this certificate does nqt confer dghts'to�tho,' ' c6dificate holdor,in`lleu otsuc6 endorsemeut(s). PRODUCER ,STAT&ARMASURANCE 8745 GENOAKS'BL'VD. L SUN VALLEY' CA 91352 • 'N=EA r NAME: AGENT JOSE RIVAS HONE (Ajc E%B- 818-768.7622 c Not: 818504-7960 EMAIL ADDREss: JOSE AGENTRIVAS.COM INSURERS AFFORDING COVERAGE .NAIL. INSURER A: Slate Farm GOnemt Insurance Cbrripary INSURED CEG•ENGINEERING INC _ I _ T _..- 15431W ISARVEY AVEN STE 210 WEST COVINA CA :. 91090-2140 INSURER B: INSURERC: INSURER D: INSURER E: INSURER F: - rnvconr_cc PCDTIFIr ATF NI IMRLR- RFVIRlnN NIIMRFR- THIS IS TO CERTIFY THAT THE. POLICIES';OF'INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORlTHE POLICY: PERIOD' INDICATED..NOTWfTHSTANDING. 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 SUBJEC_T'TO.ALL THCTEFtMS; ;• _EXCLUSIONS AND :CONDRIONSD_ F SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ /NSR LTR TYPE OF INSURANCE POLICYNUMBER MN`DDIYYYICY F MWDeIYYYY I LIMITS. , OENERALLIABIUrY �❑" ❑ EACH OCCURRENCE. I S :I,00a,000 ; I K COMMERCIAL GENERAL UABILITY' ANucETs��rER PREMISES Eo occeadiKa I S CLAIMSMADE OCCUR �1 92-BX•W870.7 G 06/27/2012 Ofi/2312a13 MEDEXP(Mryanap6i60 S 56m,, _ PERSO.VALSAOV INJVRY f } GENERAL AGGREGATE:. S �2.00BOaB GENL AGGREGATE UMR APPLIES PER: PROOVCTS-COMP/OP. AGG' S BUSN PROP, •X7 .PaIcY _ ,PRD"JECT _ Loc --— - - - — AUTOMOBILE LIABILRY. - BIN DSING UM dan . -. ,.� S`•. Ent _ BODILY INJURY(Po Boron)- It ANY AUTO BODILY INJURY (Per.cdyent) S — ALL OWNED- SCHEDULED AUTOS 'AUTOS NONQYMED; (HIRED AUTOS RT•I DAIM - - ' Pornccidem S jR�AUTOS•- UMBRELUALUL.' 'OCCUR I EACH OCCURRENCE IS AGGREGATE ." 6 . - - .EXCESSLIAB ,CLAIMS•MADE DED J .RETENRONS. -' S -' IWORRERSCOMPENSATION. "" - -ANO EAIPLOYERS:UABILTTY •ANY PROPRIETORNARTNERIEXECUTIVE Y� OFFICEIMEMBER EXCLUDED? (M "oYMNM NIA ❑ WCSIALI}','- M . EL EACN ACCIDENT. IS E.L. DISEA6E- FA EMPLOYEd S . . ' E.L.OISEASE -PDUCY LIM_B 1 $ Byq;desvOS Vhdaf DESCRIPTION OEOPER ONS I LOCATIONS I,VEMCLES'.(At xh ACORD T81, Additional Romans Schadalo, II mora spat. is meuind) ' F,Pc6143 . SPECIAVF.ORIM3-,- ; IFE-6464 POLICY END FE -6205 AMENDATORY END: FE -6451: DEBRIS REMOVAL, FEE6506.2 .- POLICY -END: FE;6538.1 GLASS DED SECT FE -6999.1 TERRORISM NOTE FE -6551 NJEND,COLL'APSE 'EE:6616 POLICY END' FE -5383 DOMESTIC PARTN FE -6655 DIST MAT EXCL FE -6656 POLICY EN FE -6859 ,BLDG COV TNTS iFE-5801 REPORTING END FE -6312 PR OP LIA EXCL FE -6645 INCR COST DEKIOr 'FE -6851 POUENDORSMENT.; .'FE -6644 AMENDATORY END CERTIFICATE HOLDER- ' '.'Clty'of Rosemead; ':8838 E,.Valley;Boulevard' jRosemead,-CA 91779; ACORD25�(2610/05) CANCELLATION SHOULD ANY OF THE OV DESCRIBED POLICIES�BE�CANCELLEO BEFORE THE EXPIRATION TE HEREOF, NOTICE WILL 'BE�. OELIVEREDq�IN ACCORDANCEWITH HEP LICY PROVISIONS. ' i AUTHORIZED REPR 5 A m 108892010 ACORD CORPORATION. All The ACORD name and logo are registered marks of ACORD 1001486 13 sew Interinsurance Exchange of the Automobile Club Automobile Insurance Policy Change Confirmation 10/29/2012 Named Insured and Malting Address: YUEH, JESSICA 8056 Tolman Ave Chino, CA 91708 Policy Number: CAA066961776 Policy Term Dates: 04/28/2012 - 04/28/20121 IMPORTANT NOTICE: This vrill conOml the policy change(s) you recently made effective 10/3W2012, You vrill be receiving a Policy Change Declaration in the mail shortly. DRIVER INFORMATION: Ddvina safety Record Drivers' Names (Last, First) Date of Birth Gender Rated Veh Year First GDD Chargeable Citations Chargeable Accidents Licensed Yueh, Jessica 02/28/1954 F 01 1970 Y 0 0 Un, Wilson 12/10/1982 M 01 1998 Y 0 0 Titre, Sean Excluded M $109 $56 0 0 VEHICLE INFORMATION: (See Above) Theft Driver Course Persistency Professional Mileage Driver Yes No Yes No. Year Vehicle Garage Annual Verified And- Air . Deductibles Special Car Rent. Primary Make/Model Zip Code Garaged Mlles Mileage Theft Bag Comp. Collision Equip. Exp. Driver 1 2011 VLVOIC303D T5 Yes 23,452 VM Yes Yes $250 $500 01 2 2007 TYTA/YARIS BASES Yes 9,839 VM No Yes $250 $500 01 VEHICLE PREMIUM INFORMATION: Coverages Limits ($) Vehicle 1 Vehicle 2 Bodily Injury 1,000,000/1,000,000 $250 $224 Property Damage Medical Payments Uninsured/Underinsured Motorist Bodily Injury Comprehensive Collision Car Rental Expense Uninsured Collision 1,000,000 $150 $128 Not Wanted Multi - MUI6 - 30,000/60,000 $45 $32 (See Deductibles) $109 $56 (See Deductibles) $506 $332 (See Above) Theft Driver Course Persistency Professional Uninsured Deductible Waiver Yes Included Included 12- MONTH VEHICLE PREMIUM: $1,160 $772 LIMIT OF LIABILITY (IF APPLICABLE) No. Year Vehicle Make/Model Limit of Uability POLICY DISCOUNTS: Please revise these caefully as you aewarranting that you are entitled to the folloving discounts. Good Good Multi - MUI6 - Garage Air Anti - Mature Driving Grp -Deg. Verified New Driver Student Vehicle Policy Parking Bag Theft Driver Course Persistency Professional Mileage Driver Yes No Yes Yes Yes Yes Yes No No Yes No Yes No CURRENT 12 -MONTH POLICY PREMIUM TOTAL: $1,771 NEW 12 -MONTH POLICY PREMIUM TOTAL after Policy Charges: $1,932 SUBJECT(S) OF POLICY CHANGE: Auto -Correction Auto -AddlChange Other Party THIS IS NOT A BILL This policy change vell increase your premium by $80 for the remainder of the term. LCAA0203A Insurance provided to qua67.ed Auto Club members by the Interinsurance Exchange of the Automobile Club. 8010 (12110) E20101228 CA Dept. of Insurance Lk. 40003259 1 D2912 Page 1 of 2 Interinsurance Exchange of the Automobile Club MR MO Automobile Insurance Policy Change Confirmation 10/2912012 Named Insured and Mailing Address: YUEH, JESSICA 8056 Tolman Ave Chino, CA 91708 Policy Number: CAA066961776 Policy Term Dates: 04/28/2012 - 04/28/2013 IMPORTANT NOTICE: This vrill confirm the policy change(s) you recently made effective 10130/2012. You will be receiving a Policy Change Declaration in the mail shortly. DRIVER INFORMATION: Drtvina Safety Record Drivers' Names (Last, First) Date of Binh Gender Rated Veh Year First GDD Ch Licensed argeable Citations Chargeable Accidents Bova Kae Excluded F 0 0 VEHICLE INFORMATION: No. Year Vehicle Garage Annual Verified Mil- Air Deductibles Special Car Rent Primary Make/Model Zip Code Garaged Mlles Mileage Theft Bag Camp. Collision Equip. Exp. Driver VEHICLE PREMIUM INFORMATION: Coverages Limits ($) Bodily Injury 1,000,000/1,000,000 Property Damage 1,000,000 Medical Payments Not Wanted Uninsured/Underinsured Motorist Bodily Injury 30,000/60,000 Comprehensive (See Deductibles) Collisim (See Deductibles) Car Rental Expense (See Above) Uninsured Collision Yes Uninsured Deductible Waiver Yes 12 -MONTH VEHICLE PREMIUM: LIMIT OF LIABILITY (IF APPLICABLE) No. Year Vehicle Make/Model Unit of Uabilky POLICY DISCOUNTS: Please review these carefully as you aewarranting that you are entitled to the fdloMng discounts Good Good Multi - Multi - Garege Air Anti - Mature Driving Grp -Deg. Verified New Driver Student Vehicle Policy Parking Bag Theft Driver Course Persistency Professional Mileage Ddver Yes No Yes Yes Yes Yes Yes No No Yes No Yes No CURRENT 12 -MONTH POLICY PREMIUM TOTAL: $1,771 NEW 12 -MONTH POLICY PREMIUM TOTAL after Policy Changes: $1,932 SUBJECT(S) OF POLICY CHANGE: THIS IS NOT A BILL This policy change will increase your premium by $80 for the remainder of the term. LCAA0203A Insurance provided to qu Miied Auto Club members by the Interinsurance Exchange of the Automobie Club. 8010 (12110) E20101228 CA Dept of lnsurame Lic. #0003259 102912 Page 2 of 2 Interinsurance Exchange of the Automobile Club ® Mailing Address: P.O. BOX 25001 SANTA ANA, CAUFORNIA 92799-5001 0a' BINDER OF INSURANCE Name and Address of Lienholder or Add'dlonal Insured Policy Number: CAA066961776 CEG ENGINEERING INC. 1543 W GARVEY AVE N STE 210 WEST COVINA CA 91790 NOTICE TO LIENHOLDER IN THE EVENT OF CANCELLATION OF THIS BINDER, THE EXCHANGE WILL GIVE THE LIENHOLDER 10 DAYS' WRITTEN NOTICE OF CANCELLATION, Loan Number: The Interinsurance Exchange of the Autanobile Club hereby acknowledges itself bound to the named insured for the coverages specified in the schedule subject to all the provisions of the Exchanges applicable policy form. The issuance of a policy to the named insured or, K a policy is in force, the issuance of an endorsement covering the autancbile, boat a trailardescribed herein shall vUd this binder. A prorata premium charge computed for the term of coverage in accordance with the cement rates of the Exchange in effect at inception of the Under will be made unless such a policy a policy endorsement is issued. This Under shall not be construed to afford cumulative insurance with any existing policy. Name of Insured: YUEH, JESSICA DESCRIPTION OF AUTOMOBILE, BOAT, OR TRAILER Car No. I Year Trade Name Type of Body or Boat Identification Number 1 2011 VLVO C30 3D T5 YV1672MK8B2247619 AUTOMOBILE INSURANCE LIMITS OF LIABILITY 'V' indicates coverage bound and afforded. Car#1 Ca# Bodily Injury Liability $1,000 thousand dollars, each person $1,000 thousand dollars, each occurrence ❑ Property Damage Liability $1,000 thousand dollars, each occurrence Medical Payments ❑ ❑ Underinsured/Uninsured Motorists Not Less Than $15,000 each pmorV$30,000 each accident 0 ❑ Comprehensive (Incl. Fire and Theft) (a) Actual Cash Value less $250 deductible ❑ El Collision 0 Uninsured Deductible Waiver (a) Actual Cash Value less $500 deductible Q ❑ ❑ ❑ Uninsured Collision ❑ ❑ WATERCRAFT INSURANCE (Boat) LIMITS OF LIABILITY indicates coverage bound and afforded. Bodily Injury Liability and Property Damage Liability Thousand Dollars, each occurrence Actual cash value not to exceed Limit of Liability of $ less $ deductible ❑ Physical Damage Effective Date of Binder: 10/30/2012 12:01 A.M. Pacific Standard Time This Under shall expire 30 days from the effective date or may be cancelled by the named insured at any time during such 30 -day period. The Exchange may cancel this Under by mailing to the named insured at the address sham above written notice stating when, not less than 10 days thereafter, such cancellation shall be effective. The mailing of such notice shall be suffident proof of notice. District Office: By: (Authorized Represent rve) msiolx>nq ltlx0r40.1 t0E13 A CSC Management Services, Inc. ATTORNEY-IN-FACT A`o-- CERTIFICATE OF LIABILITY INSURANCE DATE ;�5112 YY' 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder In lieu of such endomement(e). PRODUCER Monterey Park Insurance Sm, Inc.PNONE CONTMAeACT , (626)308-1519 F�A7C( No,.. (626)308-0688 -MAIL serNceQmontereyparldnsurance.com 755 S Atlantic BIW. INSURERIS) AFFORDING COVERAGE NAICe Monterey Park, CA 91754 INSURER A: Employers Compensation Insurance Company Phone (626)308-1519 Fax 626)308-0688 INSURED INSURER 8: INSURER C: C E G Engineering Inc. INSURER D: 1543 W Garvey Ave Ste 210 AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ AALL UTOS OWNED ❑ SCHEDULED NOMOWNED ❑ HIRED AUTOS ❑ AUTOS ❑ West Covina, CA 91790 (626) 308-1268 INSURER E: INSURER F: 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. ILTSR TYPE OF INSURANCE INSRADD UMDJB POLICY NUMBER MWODPrfCY F MM/DCY E%P LIMITS A GENERAL LIABILITY F-1COMMERCIALGENERAL LIABILITY ❑ ❑ CVJMSAIADE ❑ OCCUR ❑ EACH OCCURRENCE S TO RENTED PREMISES( .ac .ce) $ MED EXP (My are person) S PERSONAL a ADV INJURY S ❑ GENERALAGGREGATE $ GENL AGGREGATE LIM R APPLIES PER: ❑ POLICY ElPRO- ❑ LOC ECT PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ AALL UTOS OWNED ❑ SCHEDULED NOMOWNED ❑ HIRED AUTOS ❑ AUTOS ❑ - COMBINED SINGLE LIMIT Ea acutlent S BODILY INJ URY(Per persm) $ BODILY INJURY(Peracoderf 5 PROPERTY IDAMAGE y $ ❑ UMBRELLA LAID EJ OCCUR ❑ EXCESS U,XB ECLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ ❑ DEC ❑ RETENRONs $ A WORKERS COMPENSATION ANDEMPLOYERS'IJABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE RIM OFFICEEMBER EXCLUDED? (Mandatoryin NH) Il yea deserts ender DESCRIPTION OF OPERATIONS below NIA EIG 117458603 11/012012 11/01/2013 ©WCSTATU- ❑OTH- ER E.L. EACH ACCIDENT $ 1,000,000.00 E.L. DISEASE - EA EMPLOYE $ 1,000,000.00 E. L. DISEASE -POLICY LIMIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Adach ACORD 101, Additional Remarks Schedule, h more space is required) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (c719RR-2D1° ACORD CORPORATION- All riahts reserved. ACORD 25 (2010/05) QF The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DAT10/19/2012EI1W9 Y) /2012 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT LIMITS NAME: PHONE Marsh U.S. Consumer a service of Seabury & Smith, Inc. P.O. Box 8146 INC. No): EMAIL FAX ADDRESS: A/C, No Des Moines, IA 50306-8146 PRODUCER CUSTOMER ID: INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Certain Underwriters at Lloyd's Of London 1122000 INSURER B: C E G Engineering, Inc. INSURER C: Consulting Engineers Group Suite 210 1543 West Garvey Avenue North INSURER D: West Covina, CA 91790 INSURER E: INSURER F: 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. INSTypE LETR OF INSURANCE ADDL INSR SUER Me POLICY NUMBER POLICY EFF (MWDD/YYYY POLICY EXP MM/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ❑ COMMERICAL GENERAL LIABILITY ❑❑CLAIMS -MADE ❑ OCCUR ❑ DAMAGE TO RENTED $ PREMISES Ea occurrence MED EXP (Any one person) $ PERSONAL & ADV INJURY $ ❑ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: ❑ POLICY PROJECT ❑ LOC PRODUCTS - COMP/OP AGG $ AUTOMOBILE ❑ F-1 ❑ LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS COMBINED SINGLE LIMIT S Each Occurzence BODILY INJURY S Perperson) BODILY INJURY S Per acddent ❑ ❑ HIRED AUTOS NON -OWNED AUTOS PROPERTY Per ac tl DAMAGE S $ ❑ S ❑ UMBRELLA LIAB ❑ OCCUR EACH OCCURRENCE S ❑ EXCESS LUIB ❑ CLAIMS -MADE AGGREGATE S ❑ DEDUCTIBLE S ❑ RETENTION S $ WORKERS COMPENSATION YINWC AND EMPLOYERS'LIABILITY ❑TORY STATU- LIMITS ❑ OTH- ER ANY PROPRIETOR/PARTNERIEXECUTNE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below OTHER DEDUCTIBLE: PER CLAIM $0 A ENGINEERS PROFESSIONAL LIABILITY INSURANCE 5000227 06/01/2012 06/01/2013 LIMITS: PER CLAIM $1,000,000 RETRO DATE: 06/012000 AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CLAIMS MADE POLICY CERTIFICATE HOLDER CANCELLATION 1988-2009 ACORD CORPORATION. All rights reserve) ACORD 25 (2009/09) The ACORD name and logo are registered marks of Acord SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2009 ACORD CORPORATION. All rights reserve) ACORD 25 (2009/09) The ACORD name and logo are registered marks of Acord A �® EVIDENCE OF COMMERCIAL PROPERTY INSURANCE F DATE MwDD/YITY) DED: $1,000 06/03/2013 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PRODUCERNAME,71P—HONECOMPANY NAME AND ADORERS NAIL N0: 25151 CONTACT PERSON AND ADDRESS Ext (818)578-2200 identified above: $ stawadm AGENT JOSE RIVAS State Farm General Insurance Company STATEFARMINSURANCE IS THERE ATERRORISWSPECIFIC EXCLUSION? 3111 W BURBANK BLVD STE 101 BURBANK CA 91505 IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH FAX IAIC'No(818)504-7960 EM 'L JOSE@AGENTRIVAS.COM CODE: 75 SUB CODE: POLICY TYPE BUSINESS AGENCY 0410 CUSTOMER IDM: NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER CEG ENGINEERING INC 92-BX-W870-7 G 1543 W GARVEY AVE N STE 210 EFFECTIVE DATE EXPIRATION DATE COINSURANCE If YES, % EQUIPMENT BREAKDOWN (IFApplicable) IL CONTINUED UNTIL WEST COVINA CA 91790 06/23/2013 06/23/2014 TERMINATED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: rrtvr Crtl r Inrvm lv.N I Iv1Y IVJ. rtCIVIMrtnO Vn P.Y. c, Il IIIVIV bpdUU IJ 1 Vq Y11CVf I rnvrcn I r LOCATION I DESCRIPTION 1543 W GARVEY AVE N STE 210 WESTCOVINA CA 91790 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 EVIDENCE OF PROPERTY INSURANCE 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. COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 46,100 DED: $1,000 CONTRACT OF SALE CERTIFICATE HOLDER YES NO NIA NAME AND ADDRESS ❑ BUSINESS INCOME El RENTAL VALUE If YES, LIMIT: Actual Loss Sustained; 4ofmonths: BLANKET COVERAGE If YES, indicate value(s) reported on property identified above: $ TERRORISM COVERAGE Attach Disclosure Notice / DEC IS THERE ATERRORISWSPECIFIC EXCLUSION? IS DOMESTIC TERRORISM EXCLUDED? LIMITED FUNGUS COVERAGE IFYES, LIMIT: DED: FUNGUS EXCLUSION (If "YES", specify organization's form used) REPLACEMENT COST AGREED VALUE COINSURANCE If YES, % EQUIPMENT BREAKDOWN (IFApplicable) If YES, LIMIT: DED: ORDINANCE OR LAW - Coverage For loss to undamaged portion of bldg If YES, LIMIT: DED: - Demolition Costs If YES, LIMIT: DED: - Incr. Cost of Construction If YES, LIMIT: DED: EARTH MOVEMENT (if Applicable) If YES, LIMIT: DED: FLOOD (If Applicable) If YES, LIMIT: DED: WIND / HAIL (If Subject to Different Provisions) IF YES, LIMIT: DED: PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS BUSINESS LIABILITY/ GENERAL AGGREGT/ MED/PERSN $1,000,000 / $ 2,000,000 / $5,000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAI INTFRFRT ACORD 28 (2011/11) Page 1 © 2403-2011 ACORD CORPORATION. All rights reserved. The ACORD name and logo a registered marks of ACORD 1004364 142990.1 01-22-2013 MORTGAGEE LENDERS Loss PAYABLE x CONTRACT OF SALE CERTIFICATE HOLDER LENDER SERVICING AGENT NAME AND ADDRESS NAME AND ADDRESS CITY OF ROSEMEAD 8838 EAST VALLEY RD RI PR NTATI ROSEMEAD CA 91770 ACORD 28 (2011/11) Page 1 © 2403-2011 ACORD CORPORATION. All rights reserved. The ACORD name and logo a registered marks of ACORD 1004364 142990.1 01-22-2013 A ��Er CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 06/14/13 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 certificate holder in lieu of such endomement(s). PRODUCER CONTACT NAME: PHONN E#. (626)308-1519 Falk No, (626)308-0688 Monterey Park Insurance Sm, Inc. 'SIL service@montereyparklnsurance.com 755 S Atlantic Blvd. INSURERS AFFORDING COVERAGE NAIC p Monterey Park, CA 91754 INSURER A: Employers Compensation Insurance Company PERSONAL SADV INJURY $ Phone (626)308-1519 Fax (626)308-0688 INSURED INSURERS: PRODUCTS - COMP/OP AGG $ INSURER C C E G Engineering Inc. INSURER D 1543 W Garvey Ave Ste 210 INSURER E : West Covina, CA 91790 (626) 308-1268 BODILY INJURY (Per person) $ BODILY INJURY (Per accide( $ OPER V A PpMAGE Per a.i�snl $ INSURER F: 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. INSR TYPE OF INSURANCE ADD INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/CYC( POLICY EXP MMIDDIYYYY) LIMITS GENERAL LIABILITY ❑ COMMERCIAL GENERAL LIABILrrY ❑ ❑ CLAIMS -MADE ❑ OCCUR ❑ EACH OCCURRENCE $ DAMAGE TO REWED PREMISES Ea occurrence $ MED EXP (Any one person $ PERSONAL SADV INJURY $ ❑ GENERAL AGGREGATE $ GEHL AGGREGATE LIMIT APPLIES PER: ❑ POLICY ❑ PRO ❑ LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ❑ ANY AUTO ALLOWNED ❑ SCHEDULED ❑ AUTOS NON -OWNED E] HIRED AUTOS ❑ AUTOS ❑ ❑ OMBINED INGLE LIME Ea ..;dent BODILY INJURY (Per person) $ BODILY INJURY (Per accide( $ OPER V A PpMAGE Per a.i�snl $ $ ❑ UMSRELLAUAB ❑ OCCUR ❑ EXCESS UNB ❑ CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ ❑ DED ❑ RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS'LWBIUTY YIN MY OFFICERRAEMBORE%CLUDEDECWNE (Mandatory in NH) ti S6 de=11he under DESCRIPTION OF OPERATIONS below NIA EIG 117458603 11/01/2012 11/01/2013 ❑] CSTATTS ❑ ERµ TORY E.L. EACH ACCIDENT $ 1,000,000.00 E.L. DISEASE -EA EMPLOYE $ 1,000,000.00 EL DISEASE -POLICY LIMIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ARach ACORD 101, Additional Remarks Schedule, If more space Is required) CERTIFICATE HOLDER CANCELLATION City of Rosemead 8838 E Valley Boulevard Rosemead, CA 91770 ACORD 25 (2010105) QF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD aR[� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYQ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 06/05/2013 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(les) 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 CONTACT NAME. Marsh U.S. Consumer PHONE a service of Seabury & Smith, Inc. P.O. BOX 6146 Des Moines, IA 50306-8146 AIC, No): EMAIL FAXADDRESS: AIC, No): PRODUCER GENERAL LIABILITY CUSTOMER ID: INSURERS AFFORDING COVERAGE NAIC k INSURED INSURER A: Certain Uademritet$ at Lloyd's Of London 1122000 INSURER B: C E G Engineering, Inc. INSURERC: Consulting Engineers Group Suite 210 1543 West Garvey Avenue North INSURER D: West Covina, CA 91790 INSURERS: INSURER F: 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. INS TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LETR INSR WD (MM/DD/YYYY) M/ (MDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ ❑ COMMERICAL GENERAL LIABILITY DAMAGE TO RENTED ❑❑CLAIMS -MADE ❑OCCUR PREMISES Ea occurrence $ ❑ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ ❑ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGO $ ❑ POLICY❑ PROJECT ❑ LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ❑ ANV AUTO Each Occurrence BODILY INJURY $ ❑ALL OWN ED AUTOS Per erson BO F-1 SCHEDULEDAUTOS .y.'N,`n $ Per accident PROPERTY DAMAGE ❑ HIRED AUTOS Per accident S ❑ NON -OWNED AUTOS $ ❑ UMBRELLA LIAB ❑ OCCUR EACH OCCURRENCE $ ❑ EXCESS LIAB ❑ CLAIMS -MADE AGGREGATE $ ❑ DEDUCTIBLE $ ❑ RETENTION$ $ WORKERS COMPENSATION YINWC ❑ STATU- ❑ OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $ (Mandatory, in NH) K yes, describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $ OTHER DEDUCTIBLE: PER CLAIM $0 ENGINEERS A PROFESSIONAL LIABILITY INSURANCE 5000227 06/01/2013 06/01/2014 LIMITS: PER CLAIM $1,000,000 RETRO DATE: 06/01/2000 AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CLAIMS MADE POLICY CERTIFICATE HOLDER CANCELLATION 1988.2009 ACORD CORPORATION. All rights reserve) ACORD 25 (2009/09) 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 8838 East Valley Blvd. Rosemead, CA 91770 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988.2009 ACORD CORPORATION. All rights reserve) ACORD 25 (2009/09) The ACORD name and logo are registered marks of Acord PROFESSIONAL SERVICES AGREEMENT c ry arr9K --yo-4 C.14 2 0 3" ROSEMEAD BOULEVARD IMPROVEMENT PROJECT — ELECTRICAL DESIGN (CEG ENGINEERING, INC.) PARTIES AND DATE. This Agreement is made and entered into this I 'day of �Jc e 20 17 (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 CEG Engineering, Inc. with its principal place of business at 1543 West Garvey Avenue North, Suite 210, West Covina, CA 91790 ("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 electrical engineering 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 electrical engineering design services for the Rosemead Boulevard Improvement 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 electrical engineering design services necessary for the Project, herein referred to as "Services". The Services are more CEG ENGINEERING, INC. Page 2 of 10 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, 2013 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 CEG ENGINEERING, INC - Page 3 of 10 NC.Page3of10 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: Consultantshall 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. CEG ENGINEERING, INC. Page 4 of 10 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 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 Six Thousand Five Hundred Dollars ($6,500.00). Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment 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 CEG ENGINEERING, INC. Page 5 of 10 applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at 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: CEG ENGINEERING, INC. Page 6 of 10 CONSULTANT: CEG Engineering, Inc. 1543 West Garvey Avenue North, Suite 210 West Covina, CA 91790 Attn: Jessica Yueh, M.S., P.E. Phone: (626) 308-1268 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 applicatrie 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 CEG ENGINEERING, INC. 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. CEG ENGINEERING, INC. 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 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. CEG ENGINEERING, INC. 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] CEG ENGINEERING, INC. Page 10 of 10 CITY OF ROSEMEAD *Aw JqKAllrdif, City Managerr Attest: AI(qA." uugl 0\ Gloria Molleda, City Clerk Date CEG ENGINEERING, INC. By. % -51012- Date Name: jaSS1CG'- j✓',`,, Title: oec I" a,,t Ct` [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] By: ✓ t" b " l'0�21 ,J`'�� Date Name: W IS01 L)ki Title: 1'..Q_ f aw.f— CEG ENGINEERING, INC. EXHIBIT A SCOPE OF SERVICES SEE REQUEST FOR PROPOSAL (RFP) AND CONSULTANT'S PROPOSAL A-1 10 C E G Engineering, Inc. Consulting Engineers Group 1543 West Garvey Ave. North, Suite 210 West Covina, California 91790 626.308.1268 * Fax: 626.308.1216 City of Rosemead 8836 East Valley Blvd. Rosemead, CA 91770 Attention: Mr. Rafael Fajardo Regarding: Rosemead Boulevard Widening Lighting Improvement City of Rosemead, Ca. Dear Mr. Fajardo, Sept. 5, 2012 We are pleased to present this proposal to provide electrical engineering services for the above referenced project. A. PROJECT DESCRIPTION As we understand it this project consist of lighting improvements along the widening project for Rosemead Boulevard between RR Bridge and Lower Azusa. Our engineering services under this proposal will include the following: 1. Site survey of existing electrical equipment that will provide power for the new lighting. 2. Provide electrical drawings showing the location new decorative pathway light standard, lighting to the City sign and landscaping lighting. 3. Provide photometric calculations of the existing street light standards along with the new pathway light standard and existing street light standard. 4. The drawings will include a lighting control system, installation details and electrical branch circuiting to the new lighting. Branch circuiting conduit will include conduit only for future lighting and security systems as required. 5. Electrical Specification will be provided on the drawings. 6. Construction Administration will consist of the following services: a. Office consultation during the bidding period. b. Office consultation during the construction period. c. Shop drawings and submittal review. d. Change order as may be required and review of their cost. e. Field observation of construction followed by a Field Observation Report. Field Observation will be limited to a electrical construction rough -in and final project punch out. I:\CEG Engineering\Projca Proposals12012\CITY OF RosEmEAD\Rosemead Blvd proposal.docX C E G Engineering, Inc. City of Rosemead Mr. Rafael Fajardo Sept. 5, 2012 Page 2 B. WORK NOT INCLUDED 1. Changes in the owner's requirements that would result in revisions in a design. C. COMPENSATION 1. For scope of work described above, we propose that our services beat a lump sum as $6,500.00 as payment schedule below: Completion of Design Development 55% $3,575.00 Completion of Construction Document 35% $2,275.00 Completion of Construction Administration 10% $650.00 Total Engineering Fee 100% $6,500.00 2. Compensation for extra service shall be reimbursed on an hourly basis per the attached 2012 Hourly Rate Schedule. 3. All plotting and printing for Architect/Owner review, delivery, photography, postage, and other fees shall be billed as Reimbursable Expenses plus 10% of cost. D. ABANDONMENT In the event the project is abandoned, the compensation will be based on the last progress billing plus a mutually agreed upon amount for the work completed since the last billing. E. ACCEPTANCE If this proposal is acceptable to you, please sign and return one copy to us. We are prepared to commence work upon execution of this agreement. The proposal will remain in effect for 60 days from the date of proposal. We thank you for the opportunity to present this proposal and look forward to working with you. Very truly yours, CEG Engineering, Inc. Jessica Yueh, M.S., P.E. Accepted by: City of Rosemead, Ca Date: tacEO EngineeringTroject Proposals@012TITv of ROSEMEAD\Rosemead Blvd proposal.docx CEG ENGINEERING, INC. EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in confonnance 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 CEG ENGINEERING, INC. 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: 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. 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. 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. M CEG ENGINEERING, INC. 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 anytime 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. 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. MKI CEG ENGINEERING, INC. 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. io. 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 MI co�rr3 CERTIFICATE OF LIABILITY INSURANCE 01073120 2YY) a' jH $ CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 11 �ICATE DOES. NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 4D,1,,TiHis CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED RESERTATIYE'OR PRODUCER, AND THE CERTIFICATE HOLDER, QRTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the s Rnd conditions of the policy,. certain policies may require an endorsement. A statement on this Certificate does not confer rights to the 9 flbdte h3fder In lieu of such endomement(s). CONTACT STATE STATE FARM INSURANCE NAME: AGENT JOSE RIVAS 8745 GLENOAKS BLVD INS Na�an. 818.768-7622 v ac. Not 818504.79E 'SUN VALLEY CA 91352 EMAIL 1OCe a ce^e^'ur ^^„Ce fe ^r E44A11 s: JOSE AAGENTRIVAS.COM CEG ENGINEERING INC 1543 W GARVEY AVE N STE 210 WEST COVINA CA 91790-2140 CERTIFICATE NUMBER: REVISION NUMBER: ;4 ' .:.'THIS IS. TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD w,.INDICATED.'NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I ,RTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ' CLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER AWO�mFF ICY E MM1DOIYYYY I LIMITS OENENALDABILTTYEACH ❑ ❑ OCCURRENCE s 1,000.000 X -DAIANGETO-REN PREMISES En.=,,w S ',COMMERCIAL GENERAL LIABILITY CWMS•MADE❑OCCUR 92-BX-W070.7G 0612312012 0612312013 LIED ENT(N,yana pmon) $ S.0Do PERSONAL B ADV INJURY 6 y•; GENERAL AGGREGATE 5 2,000,000 GENL.AGGREGAIE UMR APPLIES PER: PRODUCTS - COMPIOP AGO S ,. 'x 'POLICY PRO- LOC JECT F-1 BUSN PROP $ 45;100 h] ,! AUTOMOBILE LIABILITY MIN SIN. Fn AccNAni S BODILY INJURY (Par parson) S ANY AUTO Im.'. UToOS RED AUT09U� BODILY INJURY (For Ac4d"11 S .HIRED AUTO 6 AUTON-0WNED TY �aM S 1Par Aaddan0 r }MI UMBRELLA LWB OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAB CLAIMS -MADE DEO I I RETENTIONS $ i WORKERS COMPENSATION WCSTAIU- 09• AND LAIPLOYERS' DABILRY YIN EL EACH ACCIDENT S ANY PROPRIETOWARTNEIMECUIIVE OFFICEIMEMBER EXCLUDED? 1:1141 A ❑ E.L. DISEASE - EA EMPLOYE S t- � (MpndoWlY In NN) Rya, denmauMx dEw E.L. DISEASE -POLICY LIMIT s T �.. 06CMPUON OF OPERATIONS LOCATIONS I VEHICLES (ALIAch ACORD Jd1. Addelaaal R.m.N . SCEadala, ll ma,. i,.C. I. raRYlrad) �Eh8143.. SPECIAL FORM 3 FE -6464 POLICY END FE -6205 AMENDATORY END; FE -6451 DEBRIS REMOVAL E-8508.2 POLICY END FE6538.1 GLASS DED SECI FE -6999.1 TERRORISM NOTE FE -6551 AMEND COLLAPSE. $810 POLICY END FE5383 DOMESTIC PARTN FE -6655 DIST MAT EXCL FE -6656 POLICY ENO •`B859 BLDG COV TNTS FE -5801 REPORTING END FE -6312 PR OP LIA EXCL FE -6645 INCR COST DEMO x-8851 POL ENDQRSMENT I FE -6644 AMENDATORY END y Df Rosemead 18'E. Valley Boulevard sernead, CA 91770 SHOULD ANY OF THE THE EXPIRATION 0 AUIHORREO DESCRIBED POLICIES BE CANCELLED BEFORE HEREOF, NOTICE WILL BE DELIVEREDIN CY PROVISIONS. © 198842010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-07-2012 '� 0O1002"A Interinsurance Exchange of the Automobile Club Automobile Insurance Policy Change Confirmation 10/29/2012 Named Insured and Mailing Address: YUEH, JESSICA 8056 Tolman Ave Chino, CA 91708 Polley Number: CAA066961776 Policy Term Dates: 04/28/2012 -04/28/2013 IMPORTANT NOTICE: This will confirm the policy change(s) you recently shade effective 10/30/2012. You will be receiving a Policy Change Declaration in the mail shortly. DRIVER INFORMATION: 1,000,000/1,000,000 $250 $224 Property Damage Drivino Safety Record $128 Drivers' Names (Last, First) Date of Birth Gender Rated Veh Year First Licensed GOD Chargeable Citations Chargeable Accidents Yueh, Jessica 02/28/1954 F O1 1970 Y 0 0 Collision Lin, Wilson 12/10/1982 M 01 1998 Y 0 0 Uninsured Collision Title, Sean Excluded M Uninsured Deductible Waiver Yes 0 0 12- MONTH VEHICLE PREMIUM: VEHICLE INFORMATION: $1,160 $772 LIMIT OF LIABILITY (IF APPLICABLE) No. Year No. Year Vehicle Garage Annual Verified Anti- Air Deductibles Special Car Rent. Primary Make/Model 21p Code Garaged Miles Mileage Theft Bag Camp. Collision Equip. Exp. Driver 1 2011 VLVOIC303D T5 Yes 23,452 VM Yes Yes $250 $500 01 2 2007 TYTA/YARIS BASES Yes 9,839 VM No Yes $250 $500 01 VEHICLE PREMIUM INFORMATION: Limits Vehicle 1 Vehicle 2 Bodily Injury 1,000,000/1,000,000 $250 $224 Property Damage 1,000,000 $150 $128 Medical Payments Not Wanted Yes No Yes Yes Yes Uninsured/Underinsured Motorist Bodily Injury 30,000/60,000 $45 $32 Comprehensive (See Deductibles) $109 $56 Collision (See Deductibles) $606 $332 Car Rental E)alonse (See Above) Thisis Mll increase pd y than a g your premium Uninsured Collision by $80 for the remainder of theterm. Uninsured Deductible Waiver Yes Included Included 12- MONTH VEHICLE PREMIUM: $1,160 $772 LIMIT OF LIABILITY (IF APPLICABLE) No. Year Vehicle Make/Model Umit of Liability POLICY DISCOUNTS: Please review these carefully as you are warranting that you are entitled to the following discounts Good Good Multi - Multi - Garage Air Anti - Mature Driving Grp -Deg. Verifled New Driver Student Vehicle Policy Parking Bag Theft Driver Course Persistency Professional Mileage Driver Yes No Yes Yes Yes Yes Yes No No Yes No Yes No CURRENT 12 -MONTH POLICY PREMIUM TOTAL: $1,771 NEW 12 -MONTH POLICY PREMIUM TOTAL after Policy Changes: $1,932 SUBJECT(S) OF POLICY CHANGE: THIS IS NOT A BILL Auto -Correction Thisis Mll increase pd y than a g your premium Auto- Add/Change Other Party by $80 for the remainder of theterm. LCAA0203A E20101228 102912 to vers Dy file Pagel of 2 Club. Interinsurance Exchange of the Automobile Club Automobile Insurance Policy Change Confirmation 10/29/2012 Named Insured and Mailing Address: YUEH, JESSICA 8056 Tolman Ave Chino, CA 91708 Policy Number: CAA066961776 Policy Term Dates: 04/28/2012 - 04/28/2013 IMPORTANT NOTICE: This will conflml the policy change(s) you recen0y made effective 1013012012. You will be receiving a Policy Change Declaration in the mail shortly. DRIVER INFORMATION: Drivino safety Record Drivers' Names (Last, First) Date of Birth Gender Rated Veh Year First Licensed GOD Chargeable Citations Chargeable Accidents Bova, Kara Excluded F 0 0 VEHICLE INFORMATION: No. Year Vehicle Garage Annual Verified Mtn- Air Deductibles Special Car Rent. Primary Make/Model Zip Code Garaged Mlles Mileage Theft Bag Comp. Collision Equip. Exp. Driver VEHICLE PREMIUM INFORMATION: Coverages Limits ($) Bodily Injury 1,000,00011,000,000 Property Damage 1,000,000 Medical Payments Not Wanted Uninsured/Underinsured Motorist Bodily Injury 30,000/60,000 Comprehensive (See Deductibles) Collision (See Deductibles) Car Rental Mpense (See Above) Uninsured Collision Theft Driver Course Persistency Uninsured Deductible Waiver Yes 12- MONTH VEHICLE PREMIUM: LIM IT OF LIABILITY (IF APPLICABLE) No. Year Vehicle Make/Model unlit of Liability, POLICY DISCOUNTS: Please review these carefully as you are warranting that you are entitled to the following discounts Good Good Multi - Multi - Garage Air Anti - Mature Driving Grp -Deg. Verified New Driver Student Vehicle Policy Parking Bag Theft Driver Course Persistency Professional Mileage Driver Yes No Yes Yes Yes Yes Yes No No Yes No Yes No CURRENT 12 -MONTH POLICY PREMIUM TOTAL: $1,771 NEW 12 -MONTH POLICY PREMIUM TOTAL after Policy Charges: $1,432 SUBJECT(S) OF POLICY CHANGE: THIS IS NOT A BILL to quamrec.vum LAUD memoers by me i CA Dept. of Insurance Page 2 of 2 This policy change will increase your premum by EBD for the remainder of the term. Club. 8010 (12110) 0 Interinsurance Exchange of the Automobile Club Mailing Address: P.O. BOX 25001 SANTA ANA, CALIFORNIA 92799-5001 BINDER OF INSURANCE Name and Address of Lienholder or Additional Insured Policy Number: CAA066961776 CEG ENGINEERING INC. NOTICE TO LIENHOLDER 1543 W GARVEY AVE N STE 210 IN THE EVENT OF CANCELLATION OF THIS WEST COVINA CA 91790 BINDER, THE EXCHANGE WILL GIVE THE LIENHOLDER 10 DAYS' WRITTEN NOTICE OF CANCELLATION. Loan Number: The Interinsurance Exchange of the Automobile Club hereby acknowledges itself bound tothanamed insured forthecoverages specified in the schedule sublectto all Uta provisions of the Exchargds applicable policyfonn. The issuance of a policyto the named insured or, if a pdicyis in force, Ute issuance of m endorsement cmering the automobile, boat ortrailer described herein shall void this binder. A pro rata premium charge computed for the term of cmerage in accordance with the current rates of the Exchange in affect at inception of the binder will be made unless such a policy a policy endorsement Is Issued. This binder shall not be construed to afford cumulative insurance with any edsting policy. Name of Insured: YUEH, JESSICA DESCRIPTION OF AUTOMOBILE, BOAT, OR TRAILER Car No. I Year Trade Name Type of Body or Boat Identification Number 1 2011 VLVO C30 3D T5 YV1672MK8B2247619 AUTOMOBILE INSURANCE LIMITS OF LIABILITY "✓' indicates coverage bound and afforded. Car# 1 Car# Bodily Injury Liability $1,000 Utousond dollars, each person Utoueand dollars, each occurrence © El Property Damage Liability $1,000 thousand dollars, each occurrence 0 ❑ Medical Payments ❑ ❑ Underinsured/Unlnsured Motorists Not Less Than $15,000 each pemon/$30,000 each acddent 0 ❑ Comprehensive (incl. Fire and Theft) (a) Actual Cash Value less $250 deductible 0 ❑ ❑ ❑ Collision 0 Uninsured Deductible Waiver (a) Actual Cash Value lass $500 deductible 0 ❑ ❑ ❑ Uninsured Collision ❑ ❑ WATERCRAFT INSURANCE (Boat) LIMITS OF LIABILITY "✓" Indicates coverage bound and afforded. Bodily Injury Liability and Property Damage Liability Thousand Dollars, each occurrence Actual cash value not to exceed Umit or liability of $ less $ deductible ❑ Physical Damage Effective Date of Binder. 10/30/2012 12:01 A.M. Pacific Standard Time This binder shall expire 30 days from the effective date or maybe cancelled by the named insured at any time during such 30 -day period. The Exchange may cancel this binder by mailing to the named insured at the address shown abovewritten notice stating when, not less than 10 days thereafter, such cancellation shall be effective. The mailing of such notice shall be sufficient proof or notice. District Office: ACSC Management Services, Inc. By: ATTORNEY-IN-FACT (Authorized Representative) inweImn t IM2 CERTIFICATE OF LIABILITY INSURANCE ��10IMM125/12'5112 Y) 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: lithe certificate holder is an ADDITIONAL INSURED, the policy(les) 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 endomement(s). PRODUCER Monterey Park Insurance Sm, Inc. CW NAME:CT PNON ; (626)308-1519 1M Nq : (826)308-0688 755 S Atlantic Blvd. -Wut service@montereyparkinsumnee.com INSURER(S) AFFORDING COVERAGE NAIC# Monterey Pad(, CA 91754 INSURERA: Employers Compensation Insurance Company Phone (626)308-1519 Fax (626)308-0688 INSURED INSURER B: INSURERC: C E G Engineering Inc. INSURER D : 1543 W Garvey AVE Ste 210 $ West Covina, CA 91790 (626) 308-1268 INSURER E: NSURER F: rn%fPRAUFS CERTIFICATE NUMBEK: KCVIDIUN numeIZrc: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. ILTR TYPE OF INSURANCE � R WVD POLICY NUMBER MMIDbY MM DD1YY P LIMITS A GENERALLIAMLITY ❑ COMMERCIAL GENERALLIABILITY ❑ ❑ CLAIMSI ADE ❑ OCCUR ❑ EACH OCCURRENCE $ DAMAGE TO Ea occumO ce $ MED EXP (Any one person) $ PERSONAL BADV INJURY $ ❑ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: ❑ POLICY ❑ PRO-❑ LOC PRODUCTS - COMPIOP AGG $ $ AUTOMOBILE UA9RRY ❑ ANY AUTO ❑ ALLOWINED AUTOS❑ AUTOS SCHEDULED ❑ HIREDAUTOS ❑ NAUO��NED ❑ ❑ - -- COMBINED aMdLSINGLE LIMIT BODILY INJURY(Perperson) $ BODILY INJURY (Par acddenl $ PROPERTY DAMAGE- - $ - Peraccldent $ ❑ UMBRELLALIAB L] OCCUR ❑ EXCESS GAS ❑ CLAIMS -MADE - EACH OCCURRENCE -$ AGGREGATE $ ❑ DED ❑ RETENTION$ $ A WORKERS COMPENSATION OER AND EMPLOYERS' LIABILITY YIN FFICRPoMEEOR ARTNEEXCLUDEE?ECUTIVE (Mantlaloryln NH) Ifyes, describer der DESCRIPTION OF OPERATIONS below NIA EIG 117458603 11/01/2012 11/01/2013 O WC STATU-❑ OTH. E.L. EACH ACCIDENT $ 1,000,600.00 E.L. DISEASE -EA EMPLOYE $ 1,000,000.00 E.L. DISEASE -POLICY LIMIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aaach ACORD 101, Addltlonal Remarks Schad ule, If more space is required) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIM REPRESENTATIVE ""- "" a ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) QF The ACORD name and logo are registered marks of ACORD AC11DWvCERTIFICATE OF LIABILITY INSURANCE DAT0/19/20/YYW) 10/19" /2012 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT LIMITS NAME: PHONE Marsh U.S. Consumer a service of Seabury & Smith, Inc. P.O. Box 8146 M FAX EMAAILL ADDRESS: A/C, No: Des Moines, IA 50306-8146 PRODUCER CUSTOMER ID: INSURERS AFFORDING COVERAGE NAIC# ❑ COMMERICAL GENERAL LIABILITY ❑❑ CLAIMS -MADE [I OCCUR ❑ INSURED INSURERA: Certain Underwriters at Lloyd's of London 1122000 INSURER B: C E G Engineering, Inc. INSURER C: Consulting Engineers Group Suite 210 1543 West Garvey Avenue North INSURER D: West Covina, CA 91790 INSURER E: INSURER F: 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. INS LETR TYPE OFINSURANCE ADDL INSR SUBR M13 POLICY NUMBER POLICY EFF (MWDD POLICY EXP (MWDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ❑ COMMERICAL GENERAL LIABILITY ❑❑ CLAIMS -MADE [I OCCUR ❑ DAMAGE TO RENTED $ PREMISES Ea occurrence MED EXP (Any one person) $ PERSONAL &ADV INJURY $ ❑ - GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: El POLICY ❑ PROJECT❑ LOC PRODUCTS-COMP/OP ASS $ AUTOMOBILE ❑ ❑ F1SCHEDULEDAUTOS DABIU ANY AUTO ALL OWNED AUTOS COMBINED SINGLE LIMIT $ Each Occurrence BODILY INJURY $ Perperson) BODILY INJURY $ Per acdd'J ❑ ❑ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per actldenl $ $ ❑ $ ❑ UMBRELLA LIAB ❑OCCUR EACH OCCURRENCE $ ❑EXCESS LIAB ❑CLAIMS -MADE AGGREGATE $ ❑ DEDUCTIBLE $ ❑ RETENTION$ $ WORKERS COMPENSATION YM ❑ WCSTATU- ❑ OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A E.L. EACH ACCIDENT $ E.L. DISEASE -FA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below OTHER DEDUCTIBLE: PER CLAIM $0 A ENGINEERS PROFESSIONAL LIABILITY INSURANCE 5000227 06/01/2012 06/01/2013 LIMITS: PER CLAIM $1,000,000 RETRO DATE: 0 6/0120 0 0 AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CLAIMS MADE POLICY CERTIFICATE HOLDER CANCELLATION 19852009 ACORD CORPORATION. All rights reserve( ACORD 25 (2009109) The ACORD name and logo are registered marks of Acord SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 19852009 ACORD CORPORATION. All rights reserve( ACORD 25 (2009109) The ACORD name and logo are registered marks of Acord AC"RE CERTIFICATE OF LIABILITY INSURANCE `rrf (3Q DATE(MMIOpIYYYY) 10/25/12 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 do" not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER Monterey Park Insurance STVS, Inc. CONTACT NAME: acNri EM: (626)308-1519 ac No: (62fi)308-0688 E-MAIL seruce@montereyparldnsurance.com 755 S Atlantic Blvd. INSURERS AFFORDING COVERAGE NAICa Monterey Park, CA 91754 INSURERA: Employers Compensation Insurance Company Phone (626)308-1519 Fax (626)308-0688 INSURED INSURER B: INSURER c: C E G Engineering Inc. INSURER o: 1543 W Garvey AVE Ste 210 INSURER E: West Covina, CA 91790 (626) 308-1268 AUTOMOBILE LIABILRY ❑ ANY AUTO ALLOWNED SCHEDULED%�! ❑ AUTOS 11AUTOS ❑ HIRED AUTOS❑ NON-0WNED AUTOS ❑ ❑ INSURER F: 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. ILTR TYPE OF INSURANCE ADD INSR UBR VIVID POLICY NUMBER POLICY /MDDY/YYYY MMIDDIYYXYY LIMITS A GENERAL UABILRY ❑ COMMERCIAL GENERAL LIABILITY ❑ ❑ CLAIMS -MADE ❑ OCCUR ❑ ` ` i t �; UC I �� 1, Gh�l(+ _�_..l M; I 1 EACH OCCURRENCE $ DAMAGE PREMISES Ea oNccu�nce $ MED EXP (Any one person) $ PERSONAL B ADV INJURY $ GENERALAGGRE$ G❑EN'L AGGREGATE LIMITAPPLIES PER: ❑ POLICY 11 PRO ❑ LOC PRODUCTS - COMGATE PRODUCTS-COMPIOP AGG $ $ AUTOMOBILE LIABILRY ❑ ANY AUTO ALLOWNED SCHEDULED%�! ❑ AUTOS 11AUTOS ❑ HIRED AUTOS❑ NON-0WNED AUTOS ❑ ❑ _ _- — >_._�.__-.v..---_�.____ ACE /. EOM�BINdEDfSINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accitlenl) $ _ PROPERd1'DAMAGE $ Pelacr eM $ ❑ UMBRELLALMB ❑ OCCUR ❑ EXCESS UAB ❑ CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ ❑ DED ❑ RETENTION $ $ A WORKERS COMPENSATION©WCSLATU ANDEMPLOYERS' UABIUW YIN ANY PROPRIETORRARTNERIEXECUTNE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) X ea, describe under DESCRIPTION OF OPERATIONS below NIA EIG 1174586 03EL 11/01/2012 11/01/2013 IMITS❑OTH- TORY ER EACH ACCIDENT $ 1,000,000.00 E.L. DISEASE -EA EMPLOYE$ 1,000,000.00 E.L. DISEASE -POLICY LIMIT $1,000,000.00 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Aeach ACORD 101, Addifional Remarks Schedule, if more space is required) r1VLVCR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) OF The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE OATE(MMIDDYYYV) 3 v 10/19/2012 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT GENERAL LIABILITY NAME' PHONE Marsh U.S. Consumer a service of Seabury & Smith, Inc. P.O. BOX 8146 PJC, No: EMAIL FAX ADDRESS: A/C, No: Des Moines, IA 50306-8146 PRODUCER CUSTOMERID' INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA. Certain Underwriters at Lloyd's of London 1122000 INSURER D: C E G Engineering, Inc. INSURER C: Consulting Engineers Group Suite 210 1543 West Garvey Avenue North INSURER D: West Covina, CA 91790 INSURER E: INSURER F. ❑ 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. INS LETR TYPE OF INSURANCE ADDL wsR sueR WD POLICY NUMBER POLICY EFF (MM/DDIVYW) POLICY EXP (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ❑ COMMERICAL GENERAL LIABILITY ❑❑❑ CLAIMSIaADE [_1 OCCUR DAMAGE TO RENTED $ PREMISES Ea occurrence MED EXP (Any one person) $ PERSONAL &ADV INJURY $ ❑ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: ❑ POLICY ❑ PROJECT ❑ LOC PRODUCTS - COMP/OP AGG $ AUTOMOBILE ❑ANY ❑ALL El LIABILITY AUTO OWNED AUTOS SCHEDULED AUTOS I1 t )..J 1 L' N'- r t d I l I--- .'_t� " j 1 �� ° j 1 .y) COMBINED SINGLE LIMIT $ Each Dow nce BODILY DILY INJURY $ Person BODILY INJURY $ Peraceitlenl ❑ ❑NON-0WNED ❑ HIRED AUTOS AUTOS Ci' A� I _ L.-. *'=��' C ,r s (� il, y q:;� �� PROPERTY DAMAGE Per accident $ $ $ ❑ UMBRELLA LIAB ❑ OCCUR ° 1.. _ _ EACH OCCURRENCE $ ❑ EXCESS LIAB ❑ CLAIMS -MADE '- R AGGREGATE $ ❑ DEDUCTIBLE $ $ ❑ IIE17ENTION S WORKERS COMPENSATION YIN❑ AND EMPLOYERS' LIABILITY WC STATU- TORY LIMITS ❑OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E L. EACH ACCIDENT $ NIA EL.DISEASE -EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below OTHER DEDUCTIBLE: PER CLAIM $0 A ENGINEERS PROFESSIONAL LIABILITY INSURANCE 5000227 06/01/2012 06/01/2013 LIMITS: PER CLAIM $1,000,000 RETRO DATE: 06/01/2000 AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CLAIMS MADE POLICY CERTIFICATE HOLDER CANCELLATION 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 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 8838 East Valley Boulevard Rosemead, CA 91770 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of Acord A UmA 5 E M 6 O q C1142 I 9 ORf'OFATED �g5 PROFESSIONAL SERVICES AGREEMENT RCRC CORRIDOR ELECTRICAL LANDSCAPE LIGHTING - REDESIGN (CEG ENGINEERING, INC.) 1. PARTIES AND DATE. This Agreement is made and entered into this day of 20 (Effective date) by and between the City of Rosemead, a municipal organiz ion 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 CEG Engineering, Inc., with its principal place of business at 1543 West Garvey Ave. North, Suite 210, West Covina, CA 91790 ("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 Electrical Engineering and 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 services as: RCRC Corridor Electrical Plans & Design, and Parking Lot Electrical Construction Review, ('Project'), also referred to as "Services' as set forth in this Agreement. 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 professional electrical CEG Engineering, Inc. Page 2 of 10 engineering and design services necessaryfor the Project, herein referred to as "Services". The Services are more particularly described in the Consultant's Proposal (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 commence on the effective date of this agreement and shall continue until October 31, 2012, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this agreement if 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 CEG Engineering, Inc. Page 3 of 10 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 ortimely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative: The City hereby designates the City Associate Engineer, or his/ 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 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, CEG Engineering, Inc. Page 4 of 10 employees and agents free and harmless, pursuantto the indemnification provisions ofthis 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 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 Eight Hundred Dollars ($3,800.00). 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 additional 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. CEG Engineering, Inc. Page 5 of 10 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 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 underthis 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 and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. CEG Engineering, Inc. Page 6 of 10 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: CEG Engineering, Inc. 1543 W. Garvey Ave. North, Suite 210 West Covina, CA 91790 Attn: Ms. Jessica Yueh, M.S., P.E. CITY: City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Rafael Fajardo — Associate Engineer 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 CEG Engineering, Inc. Page 7 of 10 by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification: To the fullest extent permitted 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, 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, orvolunteers, 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. CEG Engineering, Inc. Page 8 of 10 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 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, CEG Engineering, Inc. Page 9 of 10 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. 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] CEG Engineering, Inc. Page 10 of 10 CITY OF ROSEMEAD CEG Engineering, Inc. By: By: Chris Marcarello, Date v V Date Director of Public Works Name: 31%61 ak-yv-r Attest: Title:�o OTM'( Gl�l61lAC-�(- �I'�I I Gloria Molleda, City Clerk Dat [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] By: Name: EXHIBIT A SCOPE OF SERVICES CONSULTANT'S PROPOSAL A-1 10 C E G Engineering,_Inc. Consulting Engineers Group 1543 West Garvey Ave. North, Suite 210 West Covina, California 91790 626.308.1268 * Fax: 626.308.1216 City of Rosemead 8836 East Valley Blvd., Rosemead, CA 91770 Attention: Mr. Rafael Fajardo Regarding: Landscaping Lighting City of Rosemead, Ca. Dear Mr. Fajardo, April 25, 2012 April 27, 2012 (Revised) We are pleased to present this proposal to provide electrical engineering services for the above referenced project. After visiting the site on April 16, I have made some observations, as listed below, for your consideration. There are two (2) low voltage lighting fixtures and one (1) receptacle installed at each of (9) tree wells and one (1) 1,OOOva transformer installed at one end of the corridor, mounted on a pedestal. The installation of lighting fixtures, receptacles and transformer may meet the electrical code requirements. However, the installation is not vandal resistant and will have maintenance problems in the future. Our Service Approach for the corridor landscape lighting and power are as follows: A. Remove the receptacle and replace with brass in -grade architectural box and with empty conduit capped below grade so that a receptacle can be added in the future. When the tree is large enough, liquid -tight flex -conduit will be extended from the conduit stub out with conductors to a receptacle designed for mounting on a mature tree. This receptacle will feed decorative LED tree lights in the future. B. Replace existing landscape light fixtures with in -ground adjustable well lights. The in - ground landscape fixture will be line voltage which will eliminate the need for the voltage transformer. C. The existing circuiting will be revised to have two circuits, one for landscape lighting and one for future tree receptacles. The landscape light fixtures and another four (4) wall mounted light fixtures shall be on the same branch circuit. D. The existing conduit reserved for the receptacle and landscaping lighting was only 1". This is only capable to carrying two circuits with #8 conductor back to existing panel. E. Our drawing will provide single line diagram, electrical plan, lighting fixture specification and installation details. W:Uosepb's_Fotder\CityofRosemead Conidor byimde revislon.doex 10 C E G Engineering, Inc. City of Rosemead Consulting Engineers Group Mr. Rafael Fajardo April25,2012 Page 2 F. We will provide RFI response by email, review submittal, change order and a final walk- through site visit per your request. Parking Lot Area Electrical Construction Review: Provide field construction punch out review per original drawing and observation report with suggestion of modification, if any. For the electrical engineering services described above we propose that our service be on an hourly basis not to exceed $3,800.00. Invoicing will be based on the attached CEG 2012 Hourly Rate Schedule. We will proceed with the project upon receipt of this agreement signed by you and when all necessary information is available in this office. Please sign the agreement and email or fax one copy back to this office. CEG Engineering, Inc. Acknowledged and Agreed by: City of Rosemead Jessica Yueh, M.S., P.E. W:UosgWs_Folder\Cityof Rosemead Corridor byjmde revlslon.docx C E G Engi ■neering,_Inc. ■ ■ ■ ■ ■ ■� Consulting Engineers Group 1643 West Garvey Ave. North, Suite 210 West Covina, California 91790 626.308.1268 x Fax: 626.308.1216 Pedestrian Corridor — City of Rosemead Electrical Report April 24, 2012 PURPOSE: At the request of Mr. Rafael Fajardo, Associate Civil Engineer for the City of Rosemead, CEG Engineering, Inc. was commission to observe the recently installed electrical system for the Pedestrian Corridor lighting at the City Hall / Library parking lot. The scope of our field observations include code compliance issues, maintenance issues and recommendations on improving the present installation with lighting options that would provide a vandal resistant and low maintenance lighting system. Existing Lighting System: The Pedestrian Corridor located between two parking lots provides a pedestrian passage way between the City Hall/Library and the Community Center Park. The Pedestrian Corridor is approximately 30' wide by 100' long with paved a walkway through the center surrounded by landscaping with nine tree wells. Each tree well has two low voltage ground mounted tree floodlights and a receptacle for future Christmas lighting. The low voltage lighting is served by a 900VA pedestal mounted 12 volt transformer located in the landscape area at the north end of the pedestrian corridor. A wood entry arbor with two post -mounted HID bracket lights is planned for the north and south entry to the pedestrian corridor. Drawings indicate that the lighting and receptacles are to be controlled by a time switch and photocell. Lighting Options: Option 1 Under Option 1 the existing installation would be retained and modified as follows: 1. The low voltage ground mounted floodlights are designed for installation in water fountains. While there is no known code issue with the floodlights, they are not vandal resistant and will be a maintenance problem. They will be retain under this option. 2. The low voltage "FS" type junction boxes located in the tree wells which have be installed partly in the grade does not comply with code would be removed and replaced with in -grade junction boxes. This work will require re-routing of low voltage conduits and wiring. 3. In some tree wells, the receptacles have been installed at grade or partly in -grade. These receptacles would be raised to comply with code. 4. The low voltage and line voltage in grade junction boxes located in the landscape area adjacent to the low voltage lighting transformer would be replace with a concrete "street light" type pull boxes with an open bottom. Replacing the pull boxes will prevent water from collecting in the junction boxes and traveling down the conduits to other junction boxes and make maintenance easier. JAPropm1aos=wd.docx Pedestrian Corridor C E G Engineering, Inc. City of Rosemead April 24, 2012 Consulting Engineers Group Page 2 5. Provide additional lateral bracing for the pedestal supporting the low voltage transformer. 6. Re -circuit the lighting so that the low voltage lighting, arbor lighting and receptacles are controlled by a separate time switch. 7. The method of installing the post -mounted HID bracket lights would be modified. The lights with remote ballast cannot be installed as detail shown on the drawing. The specified fixture may not be appropriate for this installation. Estimated Cost: $7,000.00 Option 2 Under Option 2 the existing installation will be modified as follows: 1. The low voltage ground mounted floodlights are designed for installation in water fountains. While there is no known code issue with the floodlights, they are not vandal resistant and will be a maintenance problem. They will be retain under this option. 2. The low voltage "FS" type junction boxes located in the tree wells will be replaced with a single in -grade low voltage transformer to serve the floodlights in each tree well. The pedestal mounted low voltage transformer located at the north end of the pedestrian corridor will be removed. This work will require re-routing of low voltage conduits and wiring. 3. In some tree wells, the receptacles have been installed at grade or partly in -grade. These receptacles would be raised to comply with code. 4. The line voltage in grade junction box located in the landscape area at the north end of the pedestrian corridor would be replace with a concrete "street light' type pull box with an open bottom. Replacing the pull box will prevent water from collecting in the junction box and traveling down the conduits to other junction boxes and make maintenance easier. 5. Re -circuit the lighting so that the low voltage lighting, arbor lighting and receptacles are controlled by a separate time switch. Estimated Cost: $10,000.00 7:\Proposal\Rosemead.docx Pedestrian Corridor C E G E n g n e e r i n g, n c. City of Rosemead April 24, 2012 Consulting Engineers Group Page 3 V Option 3 Under Option 3 the existing installation will be modified as follows: 1. Disconnect and remove all existing low voltage floodlights and associated low voltage `FS' boxes and conductors and replace with an in -grade line voltage adjustable accent well light fixture that is designed by uplighting trees. 2. Disconnect and remove the existing pedestal mounted low voltage transformer and associated junction box located at the north end of the pedestrian corridor. i3. In some tree wells, the receptacles have been installed at grade or partly in -grade. \These receptacles would be raised to comply with code. 4. The line voltage in grade junction box located in the landscape area at the north end of the pedestrian corridor would be replace with a concrete "street light' type pull box with an open bottom. This would prevent water from collecting in the junction box and traveling down the conduits to other junction boxes. 6. Re -circuit the new line voltage landscaping lighting, arbor lighting and receptacles those are controlled by a separate time switch. ____------tstimated Cost: $15,000.00 We are looking forward to assisting on this project. If you have any questions or concerns, please do not hesitate to call. Sincerely, CEG Engineering, Inc. Jessica Yueh, M.S., P.E. 7:\Proposal\Rosemead.docx 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) orthe 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. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 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. MR 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. LII] 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 LOM Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. M Ta:16263081216 Free: State Fare Fax: State Fare KOPAX40 at:NRY-10-2012-19:32 Doc:003 Page:003 CERTIFICATE OF LIABILITY INSURANCE 1 0051110120012 ) 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. H 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 STATE FARM INSURANCE 8745 GLENOAKS BLVD SUN VALLEY CA 91352-2802 N`ume""' JOSE RIVAS ucNu •8187687622 FAX Na:818504-7960 ADDRESS: PIXICYEJIP INSURER(S) AFFORDING COVERAGE NAIC0 INSUREIRA: State Farr General Insurance Company 26161 INSURED CEG ENGINEERING INC 1543 W GARVEY AVE N STE 210 WEST COVINACA 91790-2140 INSURER 0: 06/2312011 INSURERC: EACH OCCURRENCE $ 1,000,000 INSURER D! MEDEXP(Any..pormn) $ 5,000 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'. LFeetTYPE OF INSURANCE POLICY NUMBER POLIC LVnWINYEFF PIXICYEJIP Mrs GENERALLWBILDY X COMMERCIAL OENERAL LIABILITY CLAIMS -MADE F—IOCCUR El 92 -BX -W870 -7G 06/2312011 DsIMO12 EACH OCCURRENCE $ 1,000,000 PREMISES ..anal® $ MEDEXP(Any..pormn) $ 5,000 PERSONAL 6 ADV INJURY $ GENERALAGGREOATE $ 2,000,000 GENL AGGREGATE UNIT APPLIES PER: PRD LOC POLICY JECT PRODUCTS - COMPIOP ADD $ $ AUTOMOBILE LIABILITY ANYAUTO ALL OWNED SCHEOULEO AUTOS AUTOS HIRED AUTOS NAUOTNOSWNED F-1 Ee..INtlEenOSINGLE LIMB $ BODILY INJURY (Par psre ) $ BODILYINJURY(Perst. tl.l) 6 (Per ddoml) GE 6 $ UMBRELLALIAB EXCESSUAB OCCUR CLAIMS -MADE ❑ EACH OCCURRENCE $ AGGREGATE 6 DED NET I $ WORKERS COMPENSATIONWC ANDEMPLOYERS'LIABILTTY ANY PROPRIETORIPARTNEUEXECUTIVE YIN OFRCIEWEMBER UCLUDED7 ❑ (Mend. WMNHl If Yes, deea ,der MIA❑ STATU- OTH- TORY LIMITS ER E.L.EACH ACCIDENT $ E.L. DISEASE -EA EMPLO $ E.L. DISEASE -POLICY LIMIT $ P F -I DESCRIPTION OF OPERATIONS ILOCATIONSI VEHICLES (IUMdIACORD101,MtlSbnalRomaMs Sch oN,Nm. sp.eebrepulmd) CITY OF ROSEMEAD Ath1 SILVIA LLAMAS 8838 EAST VALLEY BLVD ROSEMEAD CA 91770 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTRORREC) REPRESENTATIVE (91988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 ACt>RO' CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) 111.� 1 05/02/2012 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(les) 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 CONTACT GENERAL LIABILITY NAME: Marsh U.S. Consumer PHONE a service of Seabury & Smith, Inc. - P.O. Box 6146 Des Moines, IA 50306-8146 AIC, No): EMAIL FAX ADDRESS: A/C, No: PRODUCER ❑ COMMERICAL GENERAL LIABILITY ❑❑ CLAIMS -MADE ❑ OCCUR ❑ F]PERSONAL&ADV CUSTOMER ID: INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Certain Undemriter$ at Lloyd's of London 1122000 INSURER B: C E G Engineering, Inc. Consulting Engineers Group Suite 210 INSURER C: 1543 West Garvey Avenue North INSURER D: INSURER E: West Covina, CA 91790 INSURER F: 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. In LEIR TYPE OF INSURANCE ADDL INSR SUBR IWD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ❑ COMMERICAL GENERAL LIABILITY ❑❑ CLAIMS -MADE ❑ OCCUR ❑ F]PERSONAL&ADV DAMAGE TO RENTED $ PREMISES Ea occunence MED EXP (Any one person) $ INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ ❑ POLICY PROJECT[] LOC AUTOMOBILE ❑ ❑ALL E] LIABILITY ANY AUTO OWNED AUTOS SCHEDULED AUTOS COMBINED SINGLE LIMIT $ Each Occurrence BODILY INJURY $ Per person) BODILY INJURY $ Peraccitlenl ❑ E] HIRED AUTOS NON-OWNEDAUTOS PROPERTY DAMAGE S Per soadent $ ❑$ ❑M UMBRELLA LB ❑ OCCUR EACH OCCURRENCE $ ❑ EXCESS LMB ❑ CLAIMS -MADE AGGREGATE $ ❑ DEDUCTIBLE $ ❑ RETENTIONS $ WORKERS COMPENSATION YIN AND EMPLOYERS' LIABILITY ❑ WC STATU- TORY LIMITS ❑ OTH- ER ANY PROPRIETOR/PARTNEWEXECUTNE OFFICERIMEMBER EXCLUDED? E. L. EACH ACCIDENT $ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) ayes,Oun DESCRIPTION O N OFF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ OTHER DEDUCTIBLE: PER CLAIM $0 ENGINEERS A PROFESSIONAL LIABILITY INSURANCE 5000227 06/01/2011 06/01/2012 LIMITS: PER CLAIM $1,000,000 RETRO DATE: 06/01/2000 AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) CLAIMS MADE POLICY CERTIFICATE HOLDER CANCELLATION 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of Acord SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Rosemead 8838 East Valley Boulevard THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Rosemead, CA 91770 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of Acord QwC�-0 m iz ��,� m iz 2 $' m3 3II8 i ® mon_J x$ R- e G fD m O m Eli ami o RSI y o p2 O "d �q O D � qn G� $ D y �aC1�0 �6g P c `sa'g.mpn. N c sem? f 0V �oS N 0y x°.a°° '1 N m n yC N 9 09r5i 10 v Zii�p mfO a .p�a3 0 o a Rol a 'G Clip oona5 mT3 o z O T m m 3 R. c j, T N 0 ur C 3.,2` ° 8 $ D D `Q g o p �g m 3 O ° m a�3 am d_o °Q cp3o?c 9mS Dam m OCD tnG�N 200 T n 3 W C7 S �� O d V 0 �� 6 FOLD HERE FOLD HERE N d N ZC o T -Zm Nss � am ai ;mo T �m y Q 3u k3� O n m F3 a N N x 0 Rt 0 CERTIFICATE OF LIABILITY INSURANCE 6 YYYY) DATEt05/02/2002'12012 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(les) 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 CONTACT LIMITS NAME: PHONE Marsh U.S. Consumer a service of Seabury & Smith, Inc. P.O. Box 8146 INC, No): EMAIL FAX AIC, No): Des Moines, IA 50306-8146 PRODUCER CUSTOMER ID: INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Certain Underwiters at Lloyd's Of London 1122000 INSURERB: C E G Engineering, Inc. INSURER C: Consulting Engineers Group Suite 210 1543 West Garvey Avenue North INSURER D: West Covina, CA 91790 INSURER E: INSURER IF PRODUCTS COMP/OP AGG $ 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. INS LETR TYPE OF INSURANCE ADDL INSR suBR WD POLICY NUMBER POLICY EFF (MMIDD/Yl'1'Y POLICY EXP MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ❑ COMMERICAL GENERAL LIABILITY ❑❑ CLAIMS -MADE ❑OCCUR F -1K F1-- L, a - is tt" q T rp I �/ EJ.AL✓ - _�. ._. --- ------- Lp'{ yy yy --I ENTED PREMISES Ea DAMAGE TO RDccuvence $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. ❑ POLICY E]PROJECT ❑ LOC �h1P U 6 /€�4Aa _ J PRODUCTS COMP/OP AGG $ $ AUTOMOBILE ❑ ❑ALL LIABILITYi!',Jp,CE ANY AUTO i"y COMBINED SINGLE LIMIT Each Occurrence $ BODILY INJURY $ Perperson) ----- BODILY INJURY $ Peraccidenl ❑ OWNED AUTOS SCHEDULED AUTOS ❑HIRED ❑Per AUTOS NON -OWNED AUTOS PROPERTY t DAMAGE $ acciden $ ❑ S ❑ UMBRELLA LIAR ❑OCCUR EACH OCCURRENCE $ ❑ EXCESS LIAB ❑ CLAIMS -MADE AGGREGATE $ ❑ DEDUCTIBLE $ ❑ RETENTION $ $ WORKERS COMPENSATION YIN AND EMPLOYERS' LIABILITY ❑ WCSTATU-OTH- TORY LIMITS ❑ ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. EACH ACCIDENT $ NIA E.L. DISEASE- EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ OTHER DEDUCTIBLE: PER CLAIM $0 ENGINEERS A PROFESSIONAL LIABILITY INSURANCE 5000227 06/01/2011 06/01/2012 LIMITS: PER CLAIM $1,000,000 RETRO DATE: 06/01/2000 AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CLAIMS MADE POLICY - CERTIFICATE HOLDER CANCELLATION City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2009 ACORD CORPORATION. All rights reserve) ACORD 25 (2009/09) The ACORD name and logo are registered marks of Acord CITY OF ROSEMEAD, CALIFORNIA Public Works/ Engineering: 8838 East Valley Boulevard, Rosemead, California 91770 (626) 569-2150 FAX: (626) 307-9218 CONTRACT CHANGE ORDER Date: January 25, 2012 Contract Number: C11611 Project: RCRC/ City Hall Plaza- Grading Design Change Order Number: 1 Spec No.: To: CEG Consulting, Inc. 2540 Country Hills Road, #209 Brea, CA, 92821 Contractor Telephone: (626) 893-9266 Attention: Mr. Joaquin Cervantes, President Contractor Fax: (949) 336-8296 Description of Change (additional sheet attached) Revision of Grading Plans and Structural Plans for RCRC Plaza Project. based on LRM and Associates changes............................................................. ...... 1,250.00 (Not included in the original Scope of Work) Total Contract Change Order No. 1 $ 1,250.00 Reason for Change (additional sheets attached) The above described changes were outside the original scope of work of project. Distribution Contractor ® Consultant ❑ Division ® Project Manager 0 Project File ® Other: ❑ Form PWE (Revised 5/09) Page 1 of 2 CITY OF ROSEMEAD CONTRACT CHANGE ORDER The change results in the following adjustment of Contract Price and/or Time: Description Amount Original Contract Price Net Change by Previously Authorized Change Orders/ Contract Amendment This Change Order Total Change Order Amount including this Change Order Contract Price after Change Order ------- ___...... _____.................. ____--- _________________ Account/Program Numbers Contract Time prior to Change Order____________________________________________________________ Net Increase in Days Authorized by this Change Order ......... ______________ Current Contract Time including this Change Order------------------------------------- Project Completion Date Including Net Increase in bays Change Order__. 14,840.00 0.00 1,250.00 (8.42%) 1,250.00 (8.42%) 16,090.00 -5225-5395-31004-201 --> $ 1,250.00 N/A N/A N/A Contractor is hereby directed to make the herein -described changes and/or perform said herein -described work in connection with above reference project. All new work shall conform to the applicable provisions of the plans and specifications, except as specifically modified by the Contract Change Order. This Change Order No. 1 to Contract No. C 11611 constitutes full and complete compensation for all costs associated with the above changes inclusive of insurance, contractors profit, direct and indirect overhead, extended office overhead, bonds, supervision, labor, materials and equipment. All other costs are non -compensable. All other provisions, requirements, terms and conditions contained in the above referenced Agreement remain in full force and effect. This Change Order is not valid until signed by both City and Contractor. Attachments: (List attached documents that support Change Order) City of Rosemead Prepared/ Approv d By: Project Manager City Engineer Contractor's Change Order Request Contractor/ Consultant Accepted By: CEG Consulting, Inc. Date Name of Contractor 2 �P /L D to Contracr Representative Signature Date Director of Public Works [when required] Date Additional City Approvals: Date Date Form PWE (Revised 5/09) Page 2 of 2 ,70AGwt4J CE i2UAJ17J j/1 Aff /t7E*ti 1 Printed Name, Title CFiG�a ax Rafael Fajardo Assistant City Engineer City of Rosemead 8838 East Valley Blvd Rosemead, CA 91770 Date: January 23, 2012 RE: Civil Engineering Services Change Order No. 1 - proposal for the preparation of Grading Plans and Structural Plans for the Rosemead Community Recreation Center Plaza Project Dear Mr. Fajardo: The following is an outline of the revised scope of services based on plan changes to the Plaza Layout by Larry Moss and Associates. Therefore, at this time we would like to request an increase in fee for the following reasons. CHANGES IN DESIGN Gradine And Draina¢e Plans Changes to the proposed water fountain and concrete planter wall heights. Additional effort will be required beyond our original scope of work for the following tasks: Grading and Drainage Plans, Details and sections and revision of structural details. Our proposed fee is based on the following changes a lump sum fee amount of $ 1,250.00 Should you have any questions regarding this proposal, please contact me at (626) 893-9266 Respectfully submitted, Joaquin Cervantes, P.E President CEG Consulting, Inc. 2540 Country Hills Rd, Suite 209 Brea CA 92821 (626) 893-9266 (714) 438-1097 fax CITY OF ROSEMEAD, CALIFORNIA Public Works/ Engineering: 8838 East Valley Boulevard, Rosemead, California 91770 (626) 569-2150 FAX: (626) 307-9218 Date: September 12, 2011 Project: Garvey Ave. Resurfacing, Phase 2 - Surveying Services Spec No To: CEG Consulting, Inc. 2540 Country Hills Road, #209 Brea, CA, 92821 Attention: Mr. Joaquin Cervantes, President Description of Change (additional sheet attached) Contract Number: C11005 Change Order Number: 1 Contractor Telephone: (626) 893-9266 Contractor Fax: (949) 336-8296 Additional Surveying Services for Street Alley North of Garvey Ave. ............................. 4,600.00 (Not included in the original Scope of Work ) Total Contract Change Order No. 1 $ 4,600.00 Reason for Change (additional sheets attached) ❑ The above described changes were outside the original scope of work of project. Distribution Contractor ® Consultant ❑ Division ® Project Manager ® Project File ® Other: ❑ Form PWE (Revised 5/09) Page 1 of 2 CITY OF ROSEMEAD CONTRACT CHANGE ORDER The change results in the following adjustment of Contract Price and/or Time: Description Amount % Change Original Contract Price ......................................... ------------------------------------------------------ $ 18,250.00 Net Change by Previously Authorized Change Orders/ Contract Amendment $ 0.00 This Change Order -------- ____ ----------- -------------- ---.......................... .............. .-....--------- ...... $ 4,600.00 (25.2%) Total Change Order Amount including this Change Order.. --------------- ___ ... _ -------- __ ........ __ $ 4,600.00 (25.2%) Contract Price after Change Order ------------------------------------------- _----------. $ 22,850.00 Account/Program Numbers -------------------------- ------------------ -................. ---......... 301-6005-5395-21845-201 4 $4,600.00 Contract Time prior to Change Order.. ....... .............. --------------- ..... - N/A Net Increase in Days Authorized by this Change Order ................................ N/A Current Contract Time including this Change Order N/A Project Completion Date Including Net Increase in Days by Change Order_. Contractor is hereby directed to make the herein -described changes and/or perform said herein -described work in connection with above reference project. All new work shall conform to the applicable provisions of the plans and specifications, except as specifically modified by the Contract Change Order. This Change Order No. 1 to Contract No. C 11005 constitutes full and complete compensation for all costs associated with the above changes inclusive of insurance, contractors profit, direct and indirect overhead, extended office overhead, bonds, supervision, labor, materials and equipment. All other costs are non -compensable. All other provisions, requirements, terms and conditions contained in the above referenced Agreement remain in full force and effect. This Change Order is not valid until signed by both City and Contractor. Attachments: (List attached documents that support Change Order) Contractor's Change Order Request City of Rosemead Prepared/ Approved By: "Project Managerr Date City Engineer Date Director of Public Works [when required] Date Additional City Approvals: Date Date Form PWE (Revised 5/09) Page 2 of 2 Contractor/ Consultant Accepted By: CEG Consulting, Inc. Name of Contractor y 1 t( ontra Representative Signature Da V c AN r - Printed Name, Title Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 East Valley Blvd Rosemead, CA 91770 Date: August 31, 2011 RE: Change Order Number 1 - for additional Engineering Services fee for Garvey Avenue Street Resurfacing Project. Contract No. 011005 Dear Mr. Fajardo: CONSULTTNG, INC 0—ft C_1Hyq _ CEG Consulting, Inc. appreciates the opportunity to submit this Change order proposal for additional Surveying Engineering Services for the subject project. The following is a brief outline of the proposed scope of services, and fee to complete the objectives of the project. SCOPE OF SERVICES Topographic Survey Perform a topographic survey for the street alley north of Garvey Avenue from Rosemead Place to immediately west of the San Gabriel River. 1. Field Design Survey. We will perform cross-sectional survey at 25 -foot intervals for top of curb, flow line, existing grade elevation of asphalt, edge of gutter, grade breaks elevations as well as at street centerlines. The survey will extend to the right of way or to the face of walls, which -ever is less. The survey will establish horizontal and vertical control, and establish line and grade of existing street improvements, including driveways and asphalt pavement. a) Base Man. We will prepare a base map for the alley street showing right of way, existing curb and gutter, driveway approaches, sidewalk, trees, utility pull boxes, traffic loops, striping, etc. including all substructures such as sewer, water, phone, cable, gas, etc. b) Deliverables. We will submit an original stamped hard copy and One (1) CD of the electronic files (AutoCAD latest format). PROPOSED FEE Out proposed fee is based on the proposal required format and is not to exceed a lump sum fee amount of $4,600.00 City Of Rosemead — Change Order Proposal No. ]for Garvey Avenue Resurfacing Project. We look forward to discussing our proposal with you. Should you have any questions regarding this proposal, please contact me at (626) 893-9266 Respectfully submitted, Joaquin Cervantes, P.E President CEG Consulting, Inc. 2540 Country Hills Rd, 209 Brea CA 92821 (626)893-9266 (949) 336-8296 fax CEG Consulting, Inc. icy CITY OF ROSEMEAD, CALIFORNIA Public Works/ Engineering: 8838 East Valley Boulevard, Rosemead, California 91770 (626) 569-2150 FAX: (626) 307-9218 IV UU, III, I Saw WN,.U; .1:..� Date: August 16, 2011 Contract Number: C11607 Project: RCRC Plaza, Parking Lot— Engineering Design Change Order Number: 3 Spec No.: To: CEG Consulting, Inc. 25 Via Lucca, Suite H231 Irvine, CA, 92612 Contractor Telephone: (626) 893-9266 Attention: Mr. Joaquin Cervantes, President Contractor Fax: Description of Change (additional sheet attached) ® Additional Engineering Services (Revision of Plans for Relocation of Bus Pad) ..... (Not included in the original Scope of Work) ® Meeting with City Engineer on 8/9/2011................................................................... Reason for Change (additional sheets attached) ❑ The above described changes were outside the original scope of work of project. Distribution Contractor M Consultant ❑ Division ® Project Manager ® Project File Form PWE (Revised 5/09) Page 1 of 2 $ 1,400.00 $ 100.00 ® Other: ❑ CITY OF ROSEMEAD CONTRACT CHANGE ORDER The change results in the following adjustment of Contract Price and/or Time: Description Amount % Change Original Contract Price .................................... ..-------- .........------- ____ -------- ----------------- ....... $ 5,000.00 Net Change by Previously Authorized Change Orders/ Contract Amendment ThisChange Order ............. ....................... .............------ .......-............. Total Change Order Amount including this Change Order Contract Price after Change Order Account/Program N Contract Time prior to Change Order. Net Increase in Days Authorized by this Change Order Current Contract Time including this Change Order_____________________________________ Project Completion Date Including Net Increase in Days by Change Order... 6,620.00 (132.4%) 1,500.00 ( 30.0%) 8,120.00 (162.4%) 13,120.00 301-6005-5395-31004-201 $ 1,500.00 N/A N/A N/A Contractor is hereby directed to make the herein -described changes and/or perform said herein -described work in connection with above reference project. All new work shall conform to the applicable provisions of the plans and specifications, except as specifically modified by the Contract Change Order. This Change Order No. 3 to Contract No. C 11607 constitutes full and complete compensation for all costs associated with the above changes inclusive of insurance, contractors profit, direct and indirect overhead, extended office overhead, bonds, supervision, labor, materials and equipment. All other costs are non -compensable. All other provisions, requirements, terms and conditions contained in the above referenced Agreement remain in full force and effect. This Change Order is not valid until signed by both City and Contractor. Attachments: (List attached documents that support Change Order) Contractor's Change Order Request City of Rosemead Prepared/ Approved By: oject Manager Ci y Engineer G%9l/Z/// Date 4D e Director of Public Works [when required] Date Additional City Approvals: Date Date Contractor/ Consultant Accepted By: Form PWE (Revised 5/09) Page 2 of 2 CEG Consulting Inc. Name of Contractor Contracfor pre"sentatve Signature Date �To4o 2sn1 � "AA)16T aYZS/P ivi Printed Name, Title CONSULTING, INC Coam/ka6 CiwlHs6iaem Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 East Valley Blvd Rosemead, CA 91770 Date: August 16, 2011 RE: Change Order proposal number 3 - for additional Engineering Services fee for the Rosemead Community Recreation Center (RCRC) Project Dear Mr. Fajardo: CEG Consulting, Inc. appreciates the opportunity to submit this Change order proposal for additional Civil Engineering Services for the subject project. The following is a brief outline of the proposed scope of services, and fee to complete the objectives of the project. SCOPE OF SERVICES 1. Additional Services for the revision of Grading Plans. Revise grading bid plan set based on the following; a The sheets affected by these changes are the following: Grading Plans, Striping plans, Erosion control plans, Horizontal Control Plans. PROPOSED FEE Our proposed fee is based on the proposal required format and is not to exceed a lump sum fee amount of $1,500.00 We look forward to discussing our proposal with you. Should you have any questions regarding this proposal, please contact me at (626) 893-9266 Respectfully submitted, Joaquin Cervantes, P.E President CEG Consulting, Inc. 2540 Country Hills Rd, 209 Brea CA 92821 (626) 893-9266 (949)336-8296 fax CITY OF ROSEMEAD, CALIFORNIA Public Works/ Engineering: 8838 East Valley Boulevard, Rosemead, California 91770 (626) 569-2150 FAX: (626) 307-9218 Date: July 13, 2011 Project: RCRC Plaza, Parking Lot — Engineering Design Spec No.: To: CEG Consulting, Inc. 25 Via Lucca, Suite H231 Irvine, CA, 92612 Attention: Mr. Joaquin Cervantes, President Contract Number: C11607 Change Order Number: 2 Contractor Telephone: Contractor Fax: (626) 893-9266 Description of Change (additional sheet attached) Additional Engineering Services (Revision of Plans for Concrete Altenative) ............... 2,500.00 (Not included in the original Scope of Work) Total Contract Change Order No. 2 $ 2,500.00 Reason for Change (additional sheets attached) ❑ The above described changes were outside the original scope of work of project. Distribution Contractor ® Consultant ❑ Division ® Project Manager ® Project File Form PWE (Revised 5/09) Page 1 of 2 ® Other: ❑ CITY OF ROSEMEAD CONTRACT CHANGE ORDER The change results in the following adjustment of Contract Price and/or Time: Description Amount % Change Original Contract Price - --------------------- ------------------- - ----...-----....-------------...._....-....... $ 5,000.00 Net Change by Previously Authorized Change Orders/ Contract Amendment ....., _------------ _ $ 4,120.00 (82.4%) This Change Order..._ ........................ ------------ ...------------- ..---------------- - -- ...... ....... $ 2,500.00 (50.0%) Total Change Order Amount including this Change Order__, ----------- ... _ .... -- ----- $ 6,620.00 (132.4%) Contract Price after Change Order -----.... ---------------- ------------ --..... .--------------------------- ._._...... $ 11,620.00 Account/Program Numbers-----------------------__--------------------------------..............301-6005-5395-31004-201-> $ 2,500.00 �p[I #I; y}Go_tof-41o5-P8iSz5� Contract Time prior to Change Order._..,, ----------------- Net Increase in Days Authorized by this Change Order--------------- ----------„ ----. N/A Current Contract Time including this Change Order--------------- ---- - N/A Project Completion Date Including Net Increase in Days by Change Order-.. Contractor is hereby directed to make the herein -described changes and/or perform said herein -described work in connection with above reference project. All new work shall conform to the applicable provisions of the plans and specifications, except as specifically modified by the Contract Change Order. This Change Order No. 2 to Contract No. C 11607 constitutes full and complete compensation for all costs associated with the above changes inclusive of insurance, contractors profit, direct and indirect overhead, extended office overhead, bonds, supervision, labor, materials and equipment. All other costs are non -compensable. All other provisions, requirements, terms and conditions contained in the above referenced Agreement remain in full force and effect. This Change Order is not valid until signed by both City and Contractor. Attachments: (List attached documents that support Change Order) City of Rosemead Prepared/ Approved By: Project Manager -'C~ity Engineer Contractor's Change Order Request Date e7lll 111r Date Director of Public Works [when required] Date Additional City Approvals: Date Date Contractor/ Consultant Accepted By: CEG Consulting Inc Name of Contractor Form PWE (Revised 5/09) Page 2 of 2 i ontraRepresentative Signature at cto CElV 70, ;�ir�s✓<7 T Printed Name, Title Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 East Valley Blvd Rosemead, CA 91770 Date: July 12, 2011 CONS!]LTING, INC r..Hmd CiwlHv6iaysu RE: Change Order proposal number 2 - for additional Engineering Services fee for the Rosemead Community Recreation Center (RCRC) Project Dear Mr. Fajardo: CEG Consulting, Inc. appreciates the opportunity to submit this Change order proposal for additional Civil Engineering Services for the subject project. The following is a brief outline of the proposed scope of services, and fee to complete the objectives of the project. SCOPE OF SERVICES 1. Additional Services for the preparation of Gradin Pg lans. Assist the city in the preparation of the grading plans for the project listed above. The scope of project is to finalize the design changes of the parking lot which includes the following tasks; grading and drainage plans, demolition plans, erosion control plans, horizontal control plans, striping plans and quantities. PROPOSED FEE Our proposed fee is based on the proposal required format and is not to exceed a lump sum fee amount of $ 2,500.00 We look forward to discussing our proposal with you. Should you have any questions regarding this proposal, please contact me at (626) 893-9266 Respectfully submitted, Joaquin Cervantes, P.E President CEG Consulting, Inc. 2540 Country Hills Rd, 163 Brea CA 92821 (626)893-9266 (949) 336-8296 fax E M 6 5 O 9 Q. O 1611 �Ilk 'NCORPOwEO 1959 (CEG CONSULTING, INC.) 1211 r l *Ell a 1512:7-11111 This Agreement is made and entered into this � day of 201, (Effective Date) by and between the City of Rosemead, a municipal organisation 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 CEG Consulting, Inc. with its principal place of business at 25 Via Lucca, Suite H231, Irvine, CA 92612 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City (see attached Consultant Proposal — Exhibit A) on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Engineering Design Consulting to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for Engineering Design, and Grading/ Structural Consulting (Project"), as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project, as described in the attached Exhibit A ("Services"). The Services are more particularly described in the Scope of Work/ Consultant's Proposal City Hall Plaza Project CEG Consulting, Inc. (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 commence on the effective date of this agreement, as listed above, until October 31, 2011, at the latest, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key Consultant -2- City Hall Plaza Project CEG Consulting, Inc. personnel for performance of this Agreement is as follows: Mr. Joaquin Cervantes, P.E., President. 3.2.5 City's Representative. The City hereby designates the Associate Civil 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 Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Joaquin Cervantes, P.E. Principal in Charge, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all AQMD, 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 3- City Hall Plaza Project CEG Consulting, Inc. and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall maintain prior to the beginning of and for the direction 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 and all Services rendered under this Agreeement and shall not exceed FourteenThousand Eight Hundred Forty Dollars ($14,840.00) (Exhibit A) without advance written approval from City. Extra Work may be authorized as described below, and if authorized, will be compensated at the hourly rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, IMI City Hall Plaza Project CEG Consulting, Inc. 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 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. 3.4.1 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 and Data and other information of any kind prepared by Consultant in 5- City Hall Plaza Project CEG Consulting, Inc. 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: CEG Consulting, Inc. 25 Via Lucca, Suite H231 Irvine, CA 92612 Attn: Mr. Joaquin Cervantes, P.E., President CITY: City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Rafael Fajardo, Associate Civil Engineer Such a 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. -6- City Hall Plaza Project CEG Consulting, Inc. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 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, -7- City Hall Plaza Project CEG Consulting, Inc. pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Consultant's Services, including without 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, orvolunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5. 10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5. 12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the City Hall Plaza Project CEG Consulting, Inc. 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 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 soielyforConsultant, anyfee, commission, percentage, brokeragefee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. City Hall Plaza Project CEG Consulting, Inc. 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) -10- City Hall Plaza Project CEG Consulting, Inc. CEG CONSULTING, INC. By Jeff Wred, Cit Manager 4e 77 Date Name: nA e1FK-y 1 Attest: Gloria Molleda, City Clerk Date Approved as to Form: Title: Z t t&N j [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] Name: 41�11wl��/z�i/ Title: J%ice %aD Rachel H. ichman Date City Attorney - 11 - City Hall Plaza Project CEG Consulting, Inc. CON.S(SL.TING, INC Cesm sCwBgir , Chris Marcarello Public Works Director City of Rosemead 8838 East Valley Blvd Rosemead, CA 91770 Date: June 23, 2011 RE: Civil Engineering Services proposal for the preparation of Grading Plans and Structural Plans for the Rosemead Community Recreation Center Plaza Project Dear Mr. Marcarello: CEG Consulting, Inc. appreciates the opportunity to submit this proposal for Civil Engineering Services for the subject project. The following is a brief outline of the proposed scope of services, and fee to complete the objectives of the project. SCOPE OF SERVICES Grading And Drainage Plans Engineering Services for the preparation of Grading Plans for the City Hall Plaza. We will prepare grading plans for the City Hall Plaza project. The scope of project is to re- design approximately 0.65 acre lot of the existing plaza with a new water fountain, walk way, concrete planters and concrete pavement. The following items included in this Task are the following; Grading and drainage plans, Demolition plans, Erosion control plans, Horizontal control plans and Details and sections 2. Deliverables. We will submit Four (4) original stamped hard copy's and electronic version of the plans in AutoCAD latest format. Structural Plans 1. Structural Engineering Services for thepreparation of Structural Plans for the City Hall Plaza. The following items included in this Task are the following; Structural analysis calculations for the planter sidewalk retaining wall structures, plans and construction details. 2. Structural Calculations. We will prepare structural calculations for the Planters and concrete stair retaining wall structures using 2010 California Building Code. The calculations will be submitted to the City's Building department for review and approval. 3. Structural Plans and details. We will prepare structural plans for the planters and concrete stair retaining wall structures. The plans will include all structural elements such as re - bar size, type of concrete and miscellaneous details required to construct the improvements. The plans will be signed by a Registered Professional Engineer. City Of Rosemead — Proposal for the City of Rosemead Community Recreation Center Plaza Project. 4. Estimate. We will prepare a quantity cost estimate for the structural items as listed above. 5. Deliverables. We will submit Four (4) original stamped hard copy's and electronic version of the plans in AutoCAD latest format. PROPOSED FEE Our proposed fee is based on the proposal required format and is not to exceed a lump sum fee amount of $ 14,840.00 We look forward to discussing our proposal with you. Should you have any questions regarding this proposal, please contact me at (626) 893-9266 Respectfully submitted, Joaquin Cervantes, RE President CEG Consulting, Inc. 2540 Country Hills Rd, Suite 163 Brea CA 92821 (626) 893-9266 (714) 438-1097 fax CEG Consulting, Inc. City Hall Plaza Project CEG Consulting, Inc. 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. City Hall Plaza Project CEG Consulting, Inc. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 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. 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. City Hall Plaza Project CEG Consulting, Inc. 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. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. City Hall Plaza Project CEG Consulting, Inc. 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 City Hall Plaza Project CEG Consulting, Inc. 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. civic PRIDE:' +T • CONSULTING, Fg-NUP P EK riI This Agreement is made and entered into this 2Af day of _ 20 (Effective Date) by and between the City of Rosemead, a municipal organifation organiz under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and CEG Consulting, Inc. with its principal place of business at 25 Via Lucca, Suite H231, Irvine, CA 92612 ("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 (See Attached Consultant Proposal — Exhibit A) on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Engineering Consulting Design to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for Engineering Consulting Design (Project"), as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in the Scope of Work/ Consultant's Proposal (Exhibit A) attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. 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 commence on the effective date of this agreement, as listed above, until December 31, 2011, at the latest, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key Consultant personnel for performance of this Agreement is as follows: Mr. Joaquin Cervantes, P.E., President. -2- Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. 3.2.5 City's Representative. The City hereby designates the Associate Civil 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 Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Joaquin Cervantes, P.E. Principal in Charge, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all AQMD, 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, -3- Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall maintain prior to the beginning of and for the direction 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 and all Services rendered underthis Agreeement and shall not exceed Nine Thousand One Hundred Eighty Dollars ($9,180.00) without advance written approval from City. Extra Work may be authorized as described below, and if authorized, will be compensated at the hourly rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. M Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. 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 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 and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. -5- Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. 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: CEG Consulting, Inc. 25 Via Lucca, Suite H231 Irvine, CA 92612 Attn: Mr. Joaquin Cervantes, P.E., President CITY: City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Rafael Fajardo, Associate Civil Engineer Such a 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 KIM Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents orvolunteers, 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. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Consultant's 7- Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. 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. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. Rosmead Aquatic Parking Lot - design CEG Consulting, Inc. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which 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. Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. 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) -10- Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. By: l Cit anager, Jeff Alfr6d Dfatel Attest: Gloria Molleda, City Clerk Date Approved as to Form: af&el H. Ri hman bate City Attorney -II- CEG CONSULTING, INC. By: Date / Title: -6/P &-T— [If Corporation, TWO SIGNATURE ,'resident OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] B�. Name:1✓/� l® T- Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. 7;�. Chris Marcarello Public Works Director City of Rosemead 8838 East Valley Blvd Rosemead, CA 91770 Date: June 9, 2011 CONSULTING, INC Cenaltirtg C6ilE RE: Proposal for Engineering Services for the Rosemead Park parking lot rehabilitation located along Mission Drive. Dear Mr. Marcarello: CEG Consulting Engineers, Inc. appreciates the opportunity to submit this proposal for Civil Engineering Services for the subject project. The following is a brief outline of the proposed scope of services, and fee to complete the objectives of the project. PROJECT UNDERSTANDING The City's proposed project involves reconstructing the existing parking lot as part of the Rosemead Park improvements. The site is located along Mission Drive, just west of Encinita Avenue. The parking lot will be reconstructed to maintain the existing median and maintain existing drainage patterns, complete with new landscaped parkway along the property frontage a new fire lane and ADA ramps. SCOPE OF SERVICES The following task descriptions will give a detailed description of the professional services included in this scope of work and our approach to this project: Grading Plans and Estimate Grading Plans. We will prepare improvement plans of the existing parking lot including following tasks; a. Grading and drainage plans, b. Demolition plans, c. Erosion control plans, d. Landscape Plans e. Horizontal control plans, f. Striping plans and quantities. 2. Deliverables. We will submit Four (4) original stamped hard copy's and One (1) CD of the electronic files (AutoCAD latest format). CITY PROVIDED ASSISTANCE/INFORMATION The following represents our interpretation of tasks and information provided by the City of Rosemead Department staff during the course of the project: 1. Provide access to City public improvement plans, reports, and records for the consultants use and provide a copy of the plans for the Park rehabilitation improvements currently in progress. Cite Of Rosemead — Proposal for Rosemead Park --Parking Lot Rehabilitation. PROPOSED EEE Our proposed fee is based on the proposal required format and is not to exceed lump sum fee amount of S 9,180 We look forward to discussing our proposal with you. Should you have any questions regarding this proposal, please contact me at (626) 893-9266. Respectfully submitted, Joaquin Cervantes, RE President CEG Consulting Engineers, Inc. 2540 Country Hills Rd, 163 Brea CA 92821 (626)893-9266 CEG Consulting Engineer, Inc. IWIEA® PARK- PARKING LOT - GRADING27 PLAN, CEG ENGIN Description Project Manager $120 Associate Engineer $100 Field Party Survey CADD Total (Two) Analyst Drafter Hours $140 $85 $75 Total Fee a. Field Survey 6 6 1 $840 b. Centerline Control/ Property Boundary 2 2 4 8 $860 c. Base Map 12 24 36 $2,820 SUBTOTAL 2 8 76 24 50 $4,520 Task 2 - Prearation of Plans and Estimate 6; a. Parking Layout Design 2 4 8 14 $1,240 b. Grading Plan 2 16 24 42 1 $3,640 c. Demolition Plan 2 1 4 6 $500 d. Striping Plan 2 4 1 6 $500 e. Erosion Control Plan 2 4 6 $500 f. Horizontal Control Plan 4 8 12 $1,000 q. Landscape Plan 4 8 12 $1,000 h. Estimate 8 8 $800 SUBTOTAL 4 42 1 1 60 106 $9,180 Outside Costs - Misc. Copies, Report, Exhibits, etc. f TOTAL; 6 1 42 8 16 84 156 $13,700 6/1/2011 10:47 AM Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. 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. Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A. M. Bests rating of A- orbetter 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 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. Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. 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 Rosmead Aquatic Parking Lot - Design CEG Consulting, Inc. 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 Agency Dwaine Hayes Name 150 N SAN DIMAS AVE STE 101 & San Dimas, CA 91773-2661 Address 909-394-5600 St. 29 Dist, 09 Agent 305 Insured JOAQtJIN CERVANTES JR Name CE, & 327 COLTSON AVE Address • LA PUENTE- CA 91744 FARMERS Issue Date (MM/DDNY) 102/24/2011 t -- I This cwdricate 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 ' coverage afforded by the policies shown below. Companies Providing Coverage: C'ompup• ik Truck insurance I'a'change Lcuer company B Farmers Insurance Exchange Imier Company C Mid -Century insurance Company tAun Company Liner 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 l paid claims. Cu Policy Effective Policy Expiration Policy Limits Type of Insurance Policy Number mNo Date (MMnnYl Date (MM D/Yyl y �- �— Aggregate $ B General Liability 604764920 09/17/2010 09!17/2011 General 2,000,000 Products-Comp/OPS - K Commercial General Aggregate $ 1,000,000 LiPersonal & Occurrence Version Advertising Injury $ 1,000,000 ' Contractual - Incidental Each Occurrence s 1,000,000 Fire Damage Only (Any one fire) , $ 75,000 Owners & Contracwrs Prot. Medical Expense { (Any one. person) $ 5,000 Automobile Liability Cmnbined Single All Owned Commercial Limit $ Autos Bodily I]fl,�ury Scheduled Autos I (Pur pursut,) $ Hired Autos Bodily Injury f Non -Owned Autos (Per accident) $ Garage Liability Property Damage $ Garage Aggregate $ Umbrella Liability Limit $ 'I Workers' Compensation Statutory and Each Accident s Disease -Etch Employee $ Employers' Liability Disease - Policy Limit $ Description of Operations/Vehicles/Restrictions/Special items: Various Projects in the City of Rosemead I Certificate Holder Cancellation CITY OF ROSEMEAD Should any ol'tlie above described policies be cancelled before the expiration date Name ATTN: RAFAEL FAJARDO thereof, the issuing company will endeavor to mail 30 days written notice to the & 8838 E VALLEY BLVD, certificate holder named to the left, but failure to mail such notice shall impose no Address ROSEMEAD, CA 91770 obligation or liability of any kind upon the company, its agents or representatives. Dwaine Hayes, Agent Authorized Representative 56 t -tat 4 a4 Copy Distribution: Service Center Copy and Agent's Copy ""' 5 E M E Q.1 26 10: R O 9 O Pou�v 19 PROFESSIONAL SERVICES AGREEMENT ROSEMEAD AQUATIC PARKING LOT — SURVEYING SERVICES (CEG CONSULTING, INC.) PARTIES AND DATE This Agreement is made and entered into this 2 day of 20/[ (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 CEG Consulting, Inc. with its principal place of business at 25 Via Lucca, Suite H231, Irvine, CA 92612 ("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 (See Attached Consultant Proposal — Exhibit A) on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Surveying Services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for Construction Surveying (Project"), as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in the Scope of Work/ Consultant's Proposal (Exhibit A) attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in Rosmead Aquatic Parkinn Lot -Surveying Services • CEG Consulting, Inc. 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 commence on the effective date of this agreement, as listed above, until December 31, 2011, at the latest, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key Consultant personnel for performance of this Agreement is as follows: Mr. Joaquin Cervantes, P.E., President. -2- Rosmead Aquatic Parki•Lot - Surveying Services • CEG Consulting, Inc. 3.2.5 City's Representative. The City hereby designates the Associate Civil 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 Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Joaquin Cervantes, P.E. Principal in Charge, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all AQMD, 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, Rosmead Aquatic Parki•Lot - Surveying Services • CEG Consulting, Inc. directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall maintain prior to the beginning of and for the direction 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 and all Services rendered under this Agreeement and shall not exceed Four Thousand Five Hundred Twenty Dollars ($4,520.00) without advance written approval from City. Extra Work may be authorized as described below, and.if authorized, will be compensated at the hourly rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. M Rosmead Aquatic Parking Lot - Surveying Services • CEG Consulting, Inc. 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 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 and •Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. -5- Rosmead Aquatic Parking Lot - Surveying Services • CEG Consulting, Inc. 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: CEG Consulting, Inc. 25 Via Lucca, Suite H231 Irvine, CA 92612 Attn: Mr. Joaquin Cervantes, P.E., President CITY: City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Rafael Fajardo, Associate Civil Engineer Such a 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 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 Rosmead Aquatic Parki l-ot - Surveying Services • CEG Consulting, Inc. Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Consultant's -7- Rosmead Aquatic Parking Lot - Surveying Services CEG Consulting, Inc. 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. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. M 0 0 Rosmead Aquatic Parking Lot - Surveying Services CEG Consulting, Inc. 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 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. • • Rosmead Aquatic Parking Lot - Surveying Services CEG Consulting, Inc. 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) 10- Rosmead Aquatic Parking Lot - Surveying Services CEG Consulting, Inc. CITY OF ROSEMEAD By: VIII ?%rl Chris Marcarello Date Director of Public Works Attest: Gloria Molleda, City Clerk -11- CEG CONSULTING, INC. By Date Name: ,5A1eJv/d cj�; �OW615 Title: V%GES/DE*� I [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] Name:.SoA60A1 Title:- Vi Z- RZOS/.�/T I 'J By. Name:.SoA60A1 Title:- Vi Z- RZOS/.�/T I Rosmead Aquatic Parking Lot - Surveying Services CEG Consulting, Inc. EXHIBIT A SCOPE OF SERVICES/ CONSULTANT'S PROPOSAL Chris Marcarello Public Works Director City of Rosemead 8838 East Vallev Blvd Rosemead; CA 91770 Date: June 8, 2011 CCQNMILMG, RE: Proposal for Surveying Services for the Rosemead Park parking lot rehabilitation located along Mission Drive. Dear Mr. Marcarello: CEG Consulting Engineers, Inc. appreciates the opportunity to submit this proposal for Surveying Services for the subject project. The following is a brief outline of the proposed scope of services, and fee to complete the objectives of the project. PROJECT UNDERSTANDING The City's proposed project involves reconstructing the existing parking lot as part of the Rosemead Park improvements. The site is located along Mission Drive, just west of Encinita Avenue. The parking lot will be reconstructed to maintain the existing median and maintain existing drainage patterns, complete with new landscaped parkway along the property frontage a new fire lane and ADA ramps. SCOPE OF SERVICES The following task descriptions will give a detailed description of the professional services included in this scope of work and our approach to this project: Task 1- Topoeraphic Survev. Field Survey. We will perform a complete topographic survey, including but not limited to the following; a. Portion of the public street abutting the frontages of the properties such as sidewalk, top of curb, flow line, existing grade elevation of asphalt, edge of gutter, grade breaks elevations. b. Location and description of the existing landscape median, lighting, walls, landscape and trees. c. Elevations at every 25 feet (grid method) and at critical locations as necessary to map contours at 1 -foot intervals. d. Elevations will be based on City datum using bench mark provided by City of Rosemead. 2. Horizontal Control/Boundary. We will map the property boundaries on the topographic map based on record data & field survey found monuments. We will perform all required and necessary field work to located and tie out existing property boundary within the site perimeter. r Ciro Of Rosemead — Surveying services proposal far Rosemead Park --Parking Lot Rehabilitation. 3. Base Map. We will prepare a base map for the existing property showing the items listed in task 1 Deliverables. We will submit One (1) CD of the electronic files (AutoCAD latest format). CITY PROVIDED ASSISTANCUMFORMATION The following represents our interpretation of tasks and information provided by the City of Rosemead Department staff during the course of the project: 1. Provide access to City public improvement plans, reports, and records for the consultants use and provide a copy of the plans for the Park rehabilitation improvements currently in progress to verify benchmark and horizontal control. PROPOSED FEE Our proposed fee is based on the proposal required format and is not to exceed lump sum fee amount of S 4, 520. We look forward to discussing our proposal with you. Should you have any questions regarding this proposal, please contact me at (626) 893-9266. Respectfully submitted, Joaquin Cervantes, P.E President CEG Consulting Engineers, Inc. 2540 Country Hills Rd, 163 Brea CA 92821 (626) 893-9266 CEG Consulting Engineer, Inc. • 0 ROSEMEAD PARK- . OVA RKINGLOT =GRADING K PLAN `' Description Project Associate Field Party Manager Engineer (Two) $120 $100 $140 Survey Analyst $85 CADD Drafter $75 Total Total Hours Fee KsTask I' To o ra hic'Suive'+ti"* a. Field Survey 6 6 $840 b. Centerline Control/ Property Boundary 2 2 4 8 $860 c. Base Map 12 24 36 $2,820 SUBTOTAL 2 8 16 24 50 $4,520 ',rtTask2-.P.re-arahon:oLP.Iansand,Esbma.on_ �fi, _ rte �a �Lt. ��• � K3`z'h - t. a. Parkin Layout Design 2 4 8 14 $1.240 b. Gradin Plan 2 16 24 42 $3,640 c. Demolition Plan 2 4 6 $500 d. Stri in Plan 2 4 6 $500 e. Erosion Control Plan 2 4 6 $500 f. Horizontal Control Plan 4 8 12 $1,000 q. Landscape Plan 4 8 12 $1,000 h. Estimate 8 8 $800 SUBTOTAL 4 42 60 106 $9,180 Outside Costs • Misc. Copies, Report, Exhibits, etc. TOTALI 6 1 42 8 16 84 156 $13,700 611/201110:47 AM • 0 Rosmead?Aquatic Parking Lot - Surveying Services CEG Consulting, Inc. [.'i11:1111 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. 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 Rosmead Aquatic Parking Lot - Surveying Services CEG Consulting, Inc. the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A. M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 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. 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 0 0 Rosmead Aquatic Parking Lot - Surveying Services CEG Consulting, Inc. or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any Rosmead Aquatic Parking Lot - Surveying Services CEG Consulting, Inc. steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these Rosmead Aquatic Parking Lot - Surveying Services CEG Consulting, Inc. 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 Agency Dwaine Hayes Name 1,50 N SAN DIMAS AVE STE 101 & San Dimas, CA 91773-2661 Address 909-394-5600 St. 29 Dist. 09 Agent 3115 InSLtred j . JOAQUIN CERVANTES JR Name CECJ & 327 COLTSON AVE Address LA PUENTE. CA 91744 Ll Issue Date (MM/DD/yy) 102/24/201 1I i This certificate is issued as a matter of information only and confers no right upon the certificate holder. This certificate does not amend. extend or alter the coverage afforded by the policies shown below. I Companies Providing Coverage: Company A Truck Insurance Lxchange Utitt Crnnpanp B Farmers Insurance Exchange Inner Company C Mid -Century Insurance Company Icitcrp Company U-ne, 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 of 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 — oaid claims. Co. I Type of Insurance Lir Policy Effective Policy Expiation policy Limits Policy Number Date (MM!DDNy) Date IMM/Dunyy) B General Liability 604764920 x Commercial General Liability X - Occurrence Version Contactual -Incidental Only I I Owners & Contractors I Automobile Liability All Owned Commercial Autos Scheduled Autos Hired Autos Non -Owned Autos Gamge Liability Umbrella Liability Workers' Compensation and Employers' Liability 09/17/2010 09/17/3011 General Aggregate s 2,000,000 products-Comp/OPS s .Aggregate S 1,000,000 Personal & $ Advertising Injury s 1,000,000 LKII Occurrence s 1,000,000 Fire Damage s (Any one fire) S 75,000 — Medical Expense s (.Any one person) s 5,000 Description of Operations/Vehicles/Restrictions/Special items: Various Projects in the City of Rosemead statutory Each Accident 15 Disuse -carp F ... pioyre S Disease - Policy Limit s Certificate Holder Cancellation CITY OF ROSEMEAD Should any of the above described policies be cancelled before the expiation date Name ATTN: RAFAEL F.AJARDO thereof, rhe issuing company will endeavor to mail 30 days written notice to the & 8538E VALLEY BLVD; cerlibcate holder named to the left, but failure to mail such notice shall impose no ROSEMEAD, CA 91770 obligation of liability of any kind upon the company. its agent or represents lives. Address Dwaine Hayes Aeent Vd w7�� S�r Authorized Representative 56 249L 4-J4 Copy Distribution: Service Center Copy and Agent's Copy ""' Combined Single Limit s Bodily Injury (Per person $ Bodily Injury (Per accident)- S Property Damage s Garage Aggregate s — Limit s statutory Each Accident 15 Disuse -carp F ... pioyre S Disease - Policy Limit s Certificate Holder Cancellation CITY OF ROSEMEAD Should any of the above described policies be cancelled before the expiation date Name ATTN: RAFAEL F.AJARDO thereof, rhe issuing company will endeavor to mail 30 days written notice to the & 8538E VALLEY BLVD; cerlibcate holder named to the left, but failure to mail such notice shall impose no ROSEMEAD, CA 91770 obligation of liability of any kind upon the company. its agent or represents lives. Address Dwaine Hayes Aeent Vd w7�� S�r Authorized Representative 56 249L 4-J4 Copy Distribution: Service Center Copy and Agent's Copy ""' eag - W3°`¢ CITY OF ROSEMEAD, CALIFORNIA Public Works/ Engineering: 8838 East Valley Boulevard, Rosemead, California 91770 (626) 569-2150 FAX: (626) 307-9218 CONTRACT CHANGE ORDER Date: May 26, 2011 Contract Number: C11607 Project: RCRC Plaza, Parking Lot— Engineering Design Change Order Number: 1 Spec No.: To: CEG Consulting, Inc. 25 Via Lucca, Suite H231 Irvine, CA, 92612 Contractor Telephone: (626) 893-9266 Attention: Mr. Joaquin Cervantes, President Contractor Fax: Description of Change (additional sheet attached) Additional Engineering Services (plans for grading, drainage, erosion, etc.) ............... 4,120.00 (Not included in the original Scope of Work ) Total Contract Change Order No. 1 $ 4,120.00 Reason for Change (additional sheets attached) ❑ The above described changes were outside the original scope of work of project. Distribution Contractor ® Consultant ❑ Division ® Project Manager ® Project File ® Other: ❑ Form PWE (Revised 5/09) Page 1 of 2 CITY OF ROSEMEAD CONTRACT CHANGE ORDER The change results in the following adjustment of Contract Price and/or Time: Descriotion Amount % Change Original Contract Price---------------------------------------------------------------------------- ............. $ 5,000.00 Net Change by Previously Authorized Change Orders/ Contract Amendment ------------------------ $ 0.00 This Change Order.--------------------------------------------------------- $ 4,120.00 (82.4%) Total Change Order Amount including this Change Order------------------------ $ 4,120.00 (82.4%) Contract Price after Change Order--------------------------------------------------------- ------------------------------- $ 9,120.00 Account/Program Numbers ------------------------------------------------------- --------------- .... 4760-201-4905-PB3529 $ 4,120.00 Contract Time prior to Change Order............................................................ IN/A Net Increase in Days Authorized by this Change Order ................. N/A Current Contract Time including this Change Order . N/A Project Completion Date Including Net Increase in Days by Change Order--. Contractor is hereby directed to make the herein -described changes and/or perform said herein -described work in connection with above reference project. All new work shall conform to the applicable provisions of the plans and specifications, except as specifically modified by the Contract Change Order. This Change Order No. 1 to Contract No. C 11607 constitutes full and complete compensation for all costs associated with the above changes inclusive of insurance, contractors profit, direct and indirect overhead, extended office overhead, bonds, supervision, labor, materials and equipment. All other costs are non -compensable. All other provisions, requirements, terms and conditions contained in the above referenced Agreement remain in full force and effect. This Change Order is not valid until signed by both City and Contractor. Attachments: (List attached documents that support Change Order) Contractor's Change Order Request City of Rosemead Prepared/ Approved By: Project Manager Date // Cil / [ City Engi er Dat Director of Public Works [when required) Date Additional City Approvals: Date Date Form PWE (Revised 5/09) Page 2 of 2 Contractor/ Consultant Accepted By: CEG Consulting, Inc. Name of Contractor ctor resentative Signature Date , .0_ 0UlA) (fR 3 Printed Name, Title CEG CON.tULT71JG, INC Rafael Fajardo Associate Civil Engineer Citi° of Rosemead 8838 East Valley Blvd Rosemead, CA 91770 Date: March 25, 2011 RE: Proposal for additional Engineering Services fee for the Rosemead Community Recreation Center (RCRC) Project Dear Mr. Fajardo: CEG Consulting, Inc. appreciates the opportunity to submit this proposal for additional Civil Engineering Services for the subject project. The following is a brief outline of the proposed scope of services, and fee to complete the objectives of the project. SCOPE OF SERVICES 1. Additional Services for the preparation of Grading Plans. We will assist the city in the preparation of the grading plans for the project listed above. The scope of project is to finalize the design of the parking lot which includes the following tasks: grading and drainage plans, demolition plans, erosion control plans; horizontal control plans, striping plans and quantities. 2. Deliverables. We will submit Four (4) original stamped hard copy's and electronic version of the plans PROPOSED FEE Our proposed fee is based on the proposal required format and is not to exceed a lump sum fee amount of S 4,120.00 We look forward to discussing our proposal with you. Should you have any questions regarding this proposal, please contact me at (626) 893-9266 Respectfully submitted, Joaquin Cervantes, RE President CEG Consulting, Inc. 2540 Country Hills Rd_, 163 Brea CA 92821 (626)893-9266 (949) 336-8296 fax 0 5 E M 6 q C_ 16 7 Q O AF /NCORPORATED 1059 .moi • .,j ,, CONSULTING, This Agreement is made and entered into this R40 day of � 20 /% (Effective Date) by and between the City of Rosemead, a municipal organi ation 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 CEG Consulting, Inc. with its principal place of business at 25 Via Lucca, Suite H231, Irvine, CA 92612 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City (see attached Consultant Proposal — Exhibit A) on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Engineering Design Consulting to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for Engineering Design Consulting, Peer Review (Project"), as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in the Scope of Work/ Consultant's Proposal (Exhibit A) attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in City Hall Plaza and Parking Lot CEG Consulting, Inc. 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 commence on the effective date of this agreement, as listed above, until August 31, 2011, at the latest, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. in order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key Consultant personnel for performance of this Agreement is as follows: Mr. Joaquin Cervantes, P.E., President. -2- City Hall Plaza and Parking Lot CEG Consulting, Inc. 3.2.5 City's Representative. The City hereby designates the Associate Civil 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 Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Joaquin Cervantes, P.E. Principal in Charge, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all AQMD, 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, - 3 - City Fail Plaza and Parking Lot CEG Consulting, Inc. directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall maintain prior to the beginning of and for the direction 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 and all Services rendered under this Agreeement and shall not exceed Five Thousand Dollars ($5,000.00) (Exhibit A) without advance written approval from City. Extra Work may be authorized as described below, and if authorized, will be compensated at the hourly rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. -4- City Hall Plaza and Parking Lot CEG Consulting, Inc. 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 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. 3.4.1 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. 3.5.1 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 and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. - 5 - City Hall Plaza and Parking Lot CEG Consulting, Inc. 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: CEG Consulting, Inc. 25 Via Lucca, Suite H231 Irvine, CA 92612 Attn: Mr. Joaquin Cervantes, P.E., President City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Rafael Fajardo, Associate Civil Engineer Such a 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 -6- City Hall Plaza and Parking Lot CEG Consulting, Inc. Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents orvolunteers, 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. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Consultant's -7- City Hall Plaza and Parking Lot CEG Consulting, Inc. 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. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. WE City Hall Plaza and Parking Lot CEG Consulting, Inc. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5. 18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which 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 a City Hall Plaza and Parking Lot CEG Consulting, Inc. 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. 3.6.1 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. 10- City Hall Plaza and Parking Lot CEG Consulting, Inc. By: ;r//, / / Chris Marcarello Date Director of Public Works Attest: Gloria Molleda, City Clerk D to -11- s !- /z%// Date Name: ' J Title: / / [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED) Name: ---S'o , 13 Title: 4 t City Hall Plaza and Parking Lot CEG Consulting, Inc. CITY OF ROSEMEAD - CITY HALL PARKING LOT CEG ENGINF=F=RS Descn tion Principal Engineer $140 Project Manager $120 Senior Project Engineer $170 Associate Engineer $100 ADD Defter $75 Clerical/ Technical Aide $55 Total Hours Total Fee Task 1 -Pre aration and com lotion of Plans and Estimate Grading Plans Create Title Sheet /general notes, Etc 2 6 8 $690 Review existing plans for design issues 2 4 6 $680 Finalize design and add additional sections and details 2 4 6 12 $1,130 Research washing sewer and add connection details on plans 4 2 6 $590 Create separate signing and striping pIan ?? Review and update horizontal control plans 2 2 4 $370 Address City comments 2 4 4 10 $940 Quantities and estimate Prepare 100% Engineer's Estimate 6 6 $600 Subtotal 8 14 10 20 52 $5,000 Outside Costs - Misc. Copies, Report, Exhibits, etc. Total 8 14 10 20 52 $5,000 515/2011 12,03 PM CEG Consulting Engineers 2011 s r Principal Engineer ....................................140.00 Project Manager ....................................... 120.00 Senior Project Engineer ........................... 110.00 Senior Engineer ...................................... 105.00 Associate Engineer... ............................... 100.00 Design Engineer ........................................ 90.00 Designer II ................................................. 85.00 Designer I .................................................. 80.00 Jr. Designer/ CADD Drafter ....................... 75.00 Clerical/Technical Aide .............................. 55.00 Reproduction .................................... Cost Senior Surveyor .......................................120.00 Senior Survey Analyst..............................110.00 Survey Analyst II ......................................100.00 Survey Analyst I .........................................85.00 Survey Party Chief...................................100.00 Field Party (Three) ...................................180.00 Field Party (Two)......................................140.00 Field Party (One) ...............................100.00 Subconsultant Services ..................... Cost plus 10% Automobile Transportation ..................$0.51 / mile Delivery, Freight, Courier .....................Cost Agency Fees ....................................Cost Commercial Travel / Subsistence......... Cost City Hall Plaza and Parking Lot CEG Consulting, Inc. 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 d isease. 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. City Hall Plaza and Parking Lot CEG Consulting, Inc. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- 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. City Hail Plaza and Parking Lot CEG Consulting, Inc. 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 selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. City Hall Plaza and Parking Lot CEG Consulting, Inc. 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 City Hall Plaza and Parking Lot CEG Consulting, Inc. 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 Agency Dwaine Hayes Name 150 N SAN DIMAS AVE STE 101 & San Dimas, CA 91773-2661 .Address 909-394-5600 St- 29 Dist. 09 insured Agent 305 JOAQUIN CERVANTES JR Name CEG & 327 COLTSON AVE Address LA PUENTE, CA 91744 J k FARMERS 111, issue Date (MM/DD/YY) 102124/2011' 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 coverage allot (led by the policies shown below. Companies Providing Coverage: compary A Trod, 1115WMnC.0 F\ch;mge Istur Cmnpaoy B Farmers Insurance Exchange I.euer Company C Mid -Century Insurance Company tmrcr D Company IA'tW 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. Policy Effective Policy Expiration I tr Type of Insurance Policy Number Date (MM DDNY) Date (MM/DDnv) Policy Limits B General Liability 604764920 09/17/2010 09/17/2011 General Aggregate S ?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 S 11000,000 Only Fire Damage (Any one fire) S 75,000 j ! Owners & Contractors Prot. Medical Expense (Any one person) $ 5,000 Automobile Liability j Combined Single All Owned Commercial Limit $ Autos I Bodily Injury Scheduled Autos (Per person) $ Hired Autos Bodily injury $ Non -Owned Autos (Per accident) Garage Liahilih� I Property Damage $ Garage Aggregate $ ..) I Umbrella Liability Limit $ Workers' Compensation Statutory Each Accident $ and Disease - Eucn Employee $ Employers' Liability Disease - Policy Limit $ Description of Operations/Vehicles/Restrictions/Special items: Various Projects in the City of Rosemead I Certificate Holder Cancellation CITY OF ROSEMEAD Should any of the above described policies be cancelled before the expiration date Name ATTN: RAFAEL FAJARDO thereof, the issuing company will endeavor to mall 30 days written notice to du & 8838 F VALLEY BLVD, certificate holder named to the left, but failum m mall such notice shall impose no Address ROSEMEAD, CA 91770 obligation or liability of any kind upon the company, its agents or representatives. Dwaine Hayes, Agent r\arborized Represemative =�3 4-b4 Copy Distribution: Service Center Copy and Agent's Cop} " "' .,I VIS. PFIL F� (CEG CONSULTING, INC.) GtrY c`F-0�- This Agreement is made and entered into this 25tn1day of I 20 (Effective Date) by and between the City of Rosemead, a municipal org nization organised under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and CEG Consulting, Inc. with its principal place of business at 2540 Country Hills Road, Unit 163, Brea, CA 92821 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." ` zl*$ IFA 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City (see attached Consultant Proposal — Exhibit A) on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Design of Street Medians to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the General Design Services of Street Medians (`Project'), 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 design CEG Consulting, Inc. Consulting Services Necessary for the Project ("Services"). The Services are more particularly described in the Scope of Work/ Consultant's Proposal (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 commence on the Effective Date of this Agreement, as listed above, until December 31, 2011, at the latest, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 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 -2- CEG Consulting, Inc. completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key Consultant personnel for performance of this Agreement is as follows: Mr. Joaquin Cervantes, P.E., President. 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 Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Joaquin Cervantes, P.E. Principal in Charge, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all AQMD, 3- CEG Consulting, Inc. 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. 3.2.10.1 Time for Compliance. Consultant shall maintain prior to the beginning of and for the direction 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 underwhich 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 and all Services rendered under this Agreeement and shall not exceed FiveThousand Dollars ($ 5,000.00) without advance written approval from City. Extra Work may be authorized as described below, and if authorized, will be compensated at the hourly rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may M CEG Consulting, Inc. 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 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. 3.4.1 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 -5- CEG Consulting, Inc. Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: CEG Consulting, Inc. 2540 Country Hills Road, Unit 163 Brea, CA 92821 Attn: Mr. Joaquin Cervantes, P.E., President CITY: City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Rafael Fajardo, Associate Civil Engineer 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 CEG Consulting, Inc. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 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 -7- CEG Consulting, Inc. or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5. 11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, CEG Consulting, Inc. 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 solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required 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 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 CEG Consulting, Inc. 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. -10- CEG Consulting, Inc. [ily�'.ii[�]M I<MAM:09, By:efiAIAU Chris Marcarello Date Director of Public Works Attest: 0Ao, 1"18 LCk Gloria Molieda, City Clerk ate -11- 1wzC-TvT*1 TMIJINTO Min Tim Date Name: QJa2tia+� Title:— [if Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] By: - � I�iin. ►uJ CEG Consulting, Inc. CONSOi.TTNG, ING Ce.AN%C'W13N WM Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 East Valley Blvd Rosemead, CA 91770 Date: April 8, 2011 RE: Proposal to prepare a Median Island Hardscape/Landscape Improvements for San Gabriel Avenue and Del Mar Avenue at the I-10 Freeway Dear Mr. Fajardo: CEG Consulting, Inc. appreciates the opportunity to submit this proposal to prepare a median island landscape and hardscape improvements for the subject project. The following is a brief outline of the proposed scope of services, and fee to complete the objectives of the project. SCOPE OF SERVICES 1. Field Visit. We will perform a site visit with City staff to verify the existing utility features and existing field conditions including location of all proposed trees. 2. Landscape and hardscape Improvement plans. We will prepare improvements plans for the existing median island incorporating all existing and proposed improvements. The improvement plans will delineate the area to be landscaped, showing all dimensions and type of planting materials. The type of trees and rock materials will incorporate City staff recommendations. Deliverables. We will submit Two (2) original stamped hard copy of the report and One (1) CD of the electronic files (AutoCAD latest format). CITY PROVIDED ASSISTANCE/INFORMATION The following represents our interpretation of tasks and information provided by the City of Rosemead Department staff during the course of the plan preparation and design: Provide access to City public improvement plans, reports, and records for the consultants use. 2. Provide all electronic files of the existing topographic mapping for both locations. PROPOSED FEE Our proposed fee is based on the proposal required format and is not to exceed a lump sum fee amount of $5,000.00 City Of Rosemead — Del Mar.4velSan Gabriel Blvd Median Landscape We look forward to discussing our proposal with you. Should you have any questions regarding this proposal, please contact me at (626) 893-9266 Respectfully submitted, Joaquin Cervantes, P.E President CEG Consulting, Inc. 25 Via Lucca, Suite H231 Irvine CA 92612 (626)893-9266 (949)336-8296 jervantes@ceg-eng.com CEG Consulting, Inc. CEG Consulting, Inc. 1W40111Iti? 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. CEG Consulting, Inc. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- 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. 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. 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. 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. 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. CEG Consulting, Inc. 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. 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. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. CEG Consulting, Inc. 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 CEG Consulting, Inc. 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 Agency Dwaine Hayes Name 150 N SAN DIMAS AVE STE 10) & San Dimas, CA 91773-2661 Address 909-394-5600 St '-9 Insured Name & Address Dist. 09 Agent 305 JOAQUIN C'ERVANTES JR CECT 327 COLTSON AVE LA PUENTE,CA 91744 a FARMERS Issue Date (MM/DDArY) 102/24/2011 This certificate is issued as a matter of inibrmation only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage affm tied by the policies shown below. .l I Companies Providing Coverage: company A Truck lnsumnce Lzchange LOW, company B Farmers Insurance Exchange [ell,' company C Mid -Century Insurance Company Letter D Company Leuer 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._ — --i Co Policy Etleclive Policy Expiration PolicyLimits Type e of Insurance Policy Number' Date (MM/DD/YY1 Date (MM/DD/YY) General Aggregate $ 7BGeneral Liability 604764920 09/17/2010 09/17/2011 Products-Comp/OPS .000,000ommercial General Aggregate $ 1,000,000iability Personal & K - Occurrence Version Advertising Injury $ 1,000,000 Contractual -Incidental Each Occurrence $ 1.000,000 Fire Damage Only (Any one fire) $ 75,000 Owners & Contractors Prot. Medical Expense (Any one person) $ 5,000 -- - - Combined Single Automobile Liability Limit $ All Owned Commercial Autos Bodily iri1ury (Per person) $ Scheduled Autos Bodily Injury Hired Aura(Pe Autos (Per accident) $ Non -Owned Autos Property Damage $ Garage Liability I Garage Aggregate $ Umbrella Liability Limit $ Workers' Compensation Statutory Each Accident $ and Disease cucn Employer $ Employers' Liability Disease - Policy Limit I $ Description of OperaLlons/Vehicles/Restrictions/Special items: Various Projects in the City of Rosemead Certificate Holder Cancellation CITY OF ROSEMEAD Shoulit any of die above described policies be cancelled before the expiration date Name ATTN: RAFAEL FAJARDO thereof, the issuing company will endeavor to mail 30 days written notice to the & 8838 F VALLEY BLVD, certificate holder named to the left, hill failure to mail such notice shall impose no Address ROSEMEAD, CA 91770 obligation m liability of any kind u'p'on the company, its agents or represents lives. Dwaine Hayes, Agent Authorized Representative * 2492 4 94 _ - Copy Distribution: Service Center Copy and Agent's Copy ""' CITY OF ROSEMEAD C1 16,03 PROFESSIONAL SERVICES AGREEMENT CITY HALL PLAZA PARKING LOT - HYDROLOGY/ HYDROIl STANDARD URBAN STORM WATER MANAGEMENT F'. (CEG CONSULTING, INC.) PARTIES AND DATE 46)' Shy This Agreement is made and entered into this day ofd_ 20 11, (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 CEG Consulting, Inc. with its principal place of business at 25 Via Lucca, Suite H231, Irvine, CA 92612 ("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 (see attached Consultant Proposal — Exhibit A) on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Hydrology and Hydrolics Analysis and SUSMP to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for Hydrology/ Hydrolics Analysis and Report, and Preparation of a Standard Urban Storm Water Management Plan (SUSMP) (Project"), 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 consulting services necessary for the Project ("Services"). The Services are more particularly described in the Scope of Work/ Consultant's Proposal (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. City Hall Plaza and Parking Lot CEG Consulting, Inc. 3.1.2 Term. The term of this Agreement shall commence on the Effective Date of this Agreement, as listed above, until June 30, 2011, at the latest, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key Consultant personnel for performance of this Agreement is as follows: Mr. Joaquin Cervantes, P.E., President. -2- City Hall Plaza and Parking Lot CEG Consulting, Inc. 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 powerto act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Joaquin Cervantes, P.E. Principal in Charge, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative'). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the Cityto be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all AQMD, 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 -3- City Hall Plaza and Parking Lot CEG Consulting, Inc. and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall maintain priorto the beginning of and for the direction 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 and all Services rendered underthis Agreeement and shall not exceed Four Thousand Eight Hundred Dollars ($4,800.00) (Exhibit A) without advance written approval from City. Extra Work may be authorized as described below, and if authorized, will be compensated at the hourly rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work' means any work which is determined by City to be necessary for the proper completion of the Project, IS! City Hall Plaza and Parking Lot CEG Consulting, Inc. 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 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 effectiveidate thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in - 5 - City Hall Plaza and Parking Lot CEG Consulting, Inc. 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: CEG Consulting, Inc. 25 Via Lucca, Suite H231 Irvine, CA 92612 Attn: Mr. Joaquin Cervantes, P.E., President CITY: City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Rafael Fajardo, Associate Engineer 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 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 anyway in its use of the Documents and �'fe City Hall Plaza and Parking Lot CEG Consulting, Inc. Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recoverfrom the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 7- City Hall Plaza and Parking Lot CEG Consulting, Inc. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5. 10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties ortheir 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 3 City Hall Plaza and Parking Lot CEG Consulting, Inc. 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 W aiver. 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 City Hall Plaza and Parking Lot CEG Consulting, Inc. 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. -to- City Hall Plaza -and Parking Lot CEG Consulting, Inc. CITY OF ROSEMEAD By: 3'y'f l Chris Marcarello Date Director of Public Works - Attest:. oU 1L�. Gloria Molleda, City Clerk Date 11- CEG CONSULTING, INC. 02!!�P� Date Name: _3-044viii Title: f7 E51DCA.'7— [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] By: a Name: -Jv.ae0014U � 4wl S vtCE Title: �R�s�DE^+T' City Hall Plaza and Parking Lot CEG Consulting, Inc. EXHIBIT A SCOPE OF SERVICES/ CONSULTANT'S PROPOSAL Rafael Fajardo Associate Civil Engineer Citv of Rosemead 8838 East Valley Blvd Rosemead, CA 91770 Date: January 20, 2011 RE: Proposal to prepare a Hydrology and Hydraulics Report for the City Hall plaza parking lot Dear Mr. Fajardo: CEG CON.c Gsa/8g Gulf"A'^" CEG Consulting, Inc. appreciates the opportunity to submit this proposal to prepare a hydrology and hydraulics analysis report for the subject project. The following is a brief outline of the proposed scope of services, and fee to complete the objectives of the project. PROJECT UNDERSTANDING The City Hall parking lot experiences flooding and overflow on rainy days. The City of Rosemead is in the process of preparing plans and specifications for the construction of a plaza and modification of the existing parking lot to reduce and mitigate the flooding deficiencies. SCOPE OF SERVICES 1. Field Visit. We will perform a site visit to verify the existing catch basin locations and existing surface flow area tributary to each catch basin. 2. Hvdrologv Map. We will prepare a hydrology map for the existing parking lot incorporating all existing and proposed improvements. The hydrology map will delineate the tributary area to each catch basin, showing the flow lengths, Te, and Q's. The map will be prepared in accordance with the Los Angeles County Department of Public works Hydrology Manual. 3. Hvdrologv and Hvdraulics Report. We will prepare a hydrology Report for the existing parking lot incorporating all existing and proposed improvements. The hydrology report will provide hydrology calculations to assess the capacity and adequacy of the existing drainage facilities. From the analysis, we will determine the necessary improvements. A hydraulic analysis will also be performed to assess impacts to the existing system and to determine the catch basin sizing. The hydrology report and calculations will be prepared in accordance with the Los Angeles County Department of Public works Hydrology Manual. 4. Deliverables. We will submit Two (2) original stamped bard copy of the report and One (1) CD of the electronic files (AutoCAD latest format). Cite Of Rosemead — H1>drolog7, and Hydraulics Report PROPOSED FEE Our proposed fee is based on the proposal required format and is not to exceed a lump sum fee amount of $3,000.00 We look forward to discussing our proposal with you. Should you have any questions regarding this proposal, please contact me at (626) 893-9266 Respectfully submitted, Joaquin Cervantes, P.E President CEG Consulting, Inc. 25 Via Lucca, Suite H231 Irvine CA 92612 (626)893-9266 (949) 336-8296 CEG Consulting. Inc. Rafael Fajardo Associate Civil Engineer City of Rosemead 8838 East Valley Blvd Rosemead, CA 91770 Date: February 1, 2011 CEG c,.sas RE: Proposal to prepare a Standard Urban Storm Water Management Plan (SUSMP) for the City Hall plaza parking lot Dear Mr. Fajardo: CEG Consulting, Inc. appreciates the opportunity to submit this proposal to prepare a SUSMP report for the subject project. The following is a brief outline of the proposed scope of services, and fee to complete the objectives of the project. PROJECT UNDERSTANDING The City Hall parking lot experiences flooding and overflow on rainy days. The City of Rosemead is in the process of preparing plans and specifications for the construction of a plaza and modification of the existing parking lot to reduce and mitigate the flooding deficiencies. SCOPE OF SERVICES SUSMP Report. We will prepare a SUSMP Report for the existing parking lot incorporating all proposed Best Management Practices. The report will provide SUSMP calculations (3/4" first flush) to assess the adequacy of the proposed BMP's. The analysis will also include BMP cost information, identifying pollutants targeted by each BMP, and developing and selecting the optimum BMP(s) for their various applications. The SUSMP report and calculations will be prepared in accordance with the latest edition of the Los Angeles County Department of Public Works SUSMP manual. 2. Exhibit Map. We will prepare an exhibit map for the existing parking lot incorporating all proposed water quality mitigation improvements and proposed BMP's. Deliverables. We will submit Two (2) original stamped hard copy of the report and One (1) CD of the electronic files (AutoCAD latest format). PROPOSED FEE Our proposed fee is based on the proposal required format and is not to exceed a lump sum fee amount of $1,800.00 City Of Rosemead — Parking Lot SUSMP Report We look forward to discussing our proposal with you. Should you have any questions regarding this proposal, please contact me at (626) 893-9266 Respectfully submitted, Joaquin Cervantes, P.E President CEG Consulting, Inc. 25 Via Lucca, Suite H231 Irvine CA 92612 (626)893-9266 Phone (949)336-8296 Fax CEG Consulting, Inc. City Hall Plaza and Parking Lot CEG Consulting, Inc. 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, subcpnsultants 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. City Hall Plaza and Parking Lot CEG Consulting, Inc. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services' as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size 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. [l City Hall Plaza and Parking Lot CEG Consulting, Inc. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety City Hall Plaza and Parking Lot CEG Consulting, Inc. (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 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. City Hall Plaza and Parking Lot CEG Consulting, Inc. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Commercial Certificate of Insurance FARM E R S Agency • Dwaine Bayes Name . 150 N SAN DIMAS AVE STE 101 Issue Date (MM/DD/YY)o o & •San Dimas, CA 91773-2661 Address ', 909-394-5600 'Phis certificate is issued as a matter of information only and confers no rights upon the ret tifinte holder. This certificate does not amend, extend or alter dee St. uJ Dist. 0) t Agent 305 coverage afforded by the policies shown below. Companies Providing Coverage: Insured Company A 'I ruck Insurance 8achi ngc . JOAQUIN CERVANTES JR l.•m, Name . CEG Cumpay B harmers Insurance Exchange & • 337 COLSTON AVE Low i�Ii'iripa°y CMid-Century Insurance Company Address • LA PUENTE, CA 91744 Company D Utter Coverages This is to certify that the policies urinsurance 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 iafforded 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. Cu. Lir. Type of Insurance. Policy Number _ Policy Effective Date (MM/mw,,Y) Policy Expiration Date (MM/DD/YY) Policy Limits B General Liability 604764920 09/17/2010 09/t 7/2011 General Aggregate S 2,000,000 Products-Comp/OPS X Commercial General Aggregate S 1,000.000 Liability Personal & K. - Occumrelice Versiun Advertising Injury S 1,000,000 Contractual - Incidental Each Occurrence $ 1,000,000 Ouly Fire Damage (Any one fire) S 75,000 Owners & Contractors Prot. Medical Expense (Any one person) S 5,000 Automobile Liability I Combined Single All Owned Commercial Limit s Autos Bodily In.,�'ury (Per penGill , Scheduled Autos $ Hired Autos Bodily Injury S Non -Owned Autos (Per accident) Garage Liability Property Damage $ I Carage Aggregate $ Umbrella Liability Limit I $ Workers' Compensation Statutory and Each Accident g Employers' Liability Y Disease - Each Employee Disease - Policy Limit S S Description of Operations/Vehicles/NeslricLions/Special items: VARIOUS PROJECTS IN THE CITY OF ROSEMEAD Certificate Holder Cancellation CITY OF ROSEMEAD Should any of the above described policies be cancelled before the expiration dale Name AT`I iN: RAFAEL FAJARDO thereof, the issuing company will endeavor to mail 30 days written notice to the K 8838 E VALLEY RI,VD, certificate holder named to the left. but failure to mail such notice shall impose no Address ROSEMEAD, CA 91770 obligation or liability of any kind upon the company. its agents or representatives. Dwaine Haycs, Agent C>V AOtherlLt'd Representative �— c6-2492 4 94 C.ntly nislrlbatltiOn-.Servlee Center Clotty and Amant'C C.nnv 1101 CITY OF ROSEM EAD C 1 I a 0 3 PROFESSIONAL SERVICES AGREEMENT CITY HALL PLAZA PARKING LOT - HYDROLOGY/ HYDROLICS ANALYSIS AND STANDARD URBAN STORM WATER MANAGEMENT PLAN (SUSMP) (CEG CONSULTING, INC.) PARTIES AND DATE This Agreement is made and entered into this �L day of .�G rC� 20�, (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 CEG Consulting, Inc. with its principal place of business at 25 Via Lucca, Suite H231, Irvine, CA 92612 ("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 (see attached Consultant Proposal - Exhibit A) on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Hydrology and Hydrolics Analysis and SUSMP to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for Hydrology/ Hydrolics Analysis and Report, and Preparation of a Standard Urban Storm Water Management Plan (SUSMP) (Project"), as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in the Scope of Work/ Consultant's Proposal (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. CITY OF ROSEMEAD 0 0 5 PROFESSIONAL SERVICES AGREEMENT GENERAL SURVEYING SERVICES FOR GARVEY AVE. RESURFACING, PHASE 2 (CEG CONSULTING, INC.) 1. PARTIES AND DATE This Agreement is made and entered into this 6 day of Q61�6t4OGR - 20ILI , (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 CEG Consulting, Inc. with its principal place of business at 25 Via Lucca, Suite H231, Irvine, CA 92612 ("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 (see attached Consultant Proposal — Exhibit A) on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing general surveying services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the General Surveying Services in connection with Garvey Ave. Resurfacing, Phase 2 ("Project"), as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional surveying consulting services necessary for the Project ("Services"). The Services are more particularly described in the Scope of Work/ Consultant's Proposal (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. CEG Consulting, Inc. 3.1.2 Term. The term of this Agreement shall commence on the Effective Date of this Agreement, as listed above, until December 31, 2011, at the latest, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meetthe Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key Consultant personnel for performance of this Agreement is as follows: Mr. Joaquin Cervantes, P.E., President. 2- CEG Consulting, Inc. 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 Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby_ designates Mr. Joaquin Cervantes, P.E. Principal in Charge, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintainsthat 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 if applicable, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all AQMD, 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 3- CEG Consulting, Inc. and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall maintain prior to the beginning of and for the direction 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 and all Services rendered underthis Agreeement and shall not exceed Eighteen Thousand Two Hundred Fifty Dollars ($18,250.00), including items A.1 to A.9 and B.1, as identified in the RFP and the Consultant proposal (Exhibit A) without advance written approval from City. Extra Work may be authorized as described below, and if authorized, will be compensated at the hourly rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any I= CEG Consulting, Inc. 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 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 -5- CEG Consulting, Inc. Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: CEG Consulting, Inc. 25 Via Lucca, Suite H231 Irvine, CA 92612 Attn: Mr. Joaquin Cervantes, P.E., President CITY: City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Rafael Fajardo 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 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 M. CEG Consulting, Inc. Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either parry 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 recoverfrom the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. -7- CEG Consulting, Inc. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5. 10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties ortheir 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 CEG Consulting, Inc. 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 solelyfor Consultant, any fee, commission, percentage, brokeragefee, 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. 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 -9- CEG Consulting, Inc. 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. -10- CEG Consulting, Inc. CITY OF ROSEMEAD By: Jeff Allred, Cit Manager Da e - Attest: (C90 LI VGloria Molleda, City Clerk Date Approved as to Form: 4Re2l� . Richman City Attorney 1wZ6&7 Date - 11 - CEG CONSULTING, INC. By: Date Name: Title: 2865' 2622 [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] Name: ��•'`Y GF✓!a'?E Title: CEG Consulting, Inc. EXHIBIT A SCOPE OF SERVICES/ CONSULTANT'S PROPOSAL Lucien J. LeBlanc, P.E City Engineer City of Rosemead 8838 East Valley Blvd Rosemead, CA 91770 Date: November 18, 2010 RE: Proposal for Providing General Surveying Services For Garvey Avenue Street Resurfacing Project Dear Mr. LeBlanc: CONSULTIIVG, IIVC. CEG Consulting, Inc. appreciates the opportunity to submit this proposal to provide General Surveying Services for the subject project. The services shall include, but will not be limited to: general surveying services, in connection with the Garvey Avenue Resurfacing Project. The following is a brief outline of the proposed scope of services, and fee to complete the objectives of the project. PROJECT UNDERSTANDING The City's proposed project is proposed to begin in April - May 2011 and consists of AC removal and replacement, surface grinding, placing asphalt overlay, curb, gutter replacement, survey monument installation and appurtenances. The limits of the project are as follows: a) Garvey Avenue— From San Gabriel Boulevard to Easterly City limit SCOPE OF SERVICES A. HORIZONTAL CONTROL MAINTENANCE Field Design Survey. We will perform cross-sectional survey at 50 -foot intervals for top of curb, flow line, existing grade elevation of asphalt, edge of gutter, grade breaks elevations as well as at street centerlines. The survey will extend to the right of way or to the face of walls, which -ever is less. The survey will establish horizontal and vertical control, and establish line and grade of existing street improvements, including driveways and asphalt pavement. In addition, existing features, such as utilities, trees, and storm drainage facilities will be collected during the survey. 2. Base Man. We will prepare a base map for the street showing right of way, existing curb and gutter, driveway approaches, sidewalk, trees, utility pull boxes, traffic loops, striping, etc. including all substructures such as sewer, water, phone, cable, gas, etc. 3. Deliverables. We will submit an original stamped hard copy and One (1) CD of the electronic files (AutoCAD latest format). City OfRosemead — Gane}—Ave —Survey Proposal 4. Centerline Horizontal Control Research. We will perform centerline and horizontal control i.e. existing centerline ties and monuments (spike and washers, well monuments, L&T's, etc.) if required in addition to the City provided information. 5. Horizontal Control. We will perform all required and necessary field work to located and tie out existing centerline control before project commencement that may be disturbed by the proposed street improvements. 6. Temporary Control. After project completion, we will provide temporary control for assisting the contractor in placing all proposed new well monuments per City Standard No. S08-001. 7. Reset Centerline Ties. After project completion, we will reset centerlines ties as needed (tangent ties are required) at all curb returns, etc., where centerline ties have been disturbed or missine. All monument domes that are installed by the Contractor per City Standard Plan No. S08-001, will be punched with centerline intersection "blank". 8. Provide tie notes and corner records. After project completion, we will provide all tie notes, corner records, etc. for all horizontal centerline control set. Record all documents with Los Angeles County Department of Public Works Survey Division and will provide digital files. 9. Establishment of City Boundary. We will establish the City Boundary Line at the following locations: a) newest of Garvey Bridge. All work connected with setting the City Boundaries will consist of setting monuments and will include the following: a) Office and field work to assist the City's Contractor to set well monuments or surface monuments on street centerline at City boundary. We anticipate 2 points minimum b) Setting centerline ties, preparation of office notes and record of survey to satisfaction of the Los Angeles County Department of Public Works for approximately 17 centerline monuments. All fees associated with this task will be paid by the City. B. VERTICAL CONTROL 1. Replace or Establish Benchmarks. (Optional Task) Based on the benchmark information provide by the City and the Los Angeles County Public Works Division survey division, we do not anticipate a new benchmark be established. However, if a new benchmark is deemed necessary during project construction, a new benchmark will be established. CEG Consulting; Inc. City Of Rosemead — Gmn,e), Ave —Survey Proposal CITY PROVIDED ASSISTANCE/INFORMATION The following represents our interpretation of tasks and information provided by the City of Rosemead Department staff during the course of the field survey: 1. Provide access to City public improvement plans, reports, and records for the consultants use. PROPOSED FEE Our proposed fee is based on the proposal required format and is not to exceed lump sum fee amounts as follows: Items A 1-8 Lump sump fee amount is $13,500 Items A (9), Lump sump fee amount is $ 3,500 Items B (1). Lump sump fee amount is $ 1,250 (optional task) Total Lump sump fee amount is $ 18,250 We look forward to discussing our proposal with you. Should you have any questions regarding this proposal, please contact me at (626) 893-9266 Respectfully submitted, 7 �� Joaquin Cervantes, P.E President CEG Consulting, Inc. 25 Via Lucca, Suite H231 Irvine CA 92612 (626)893-9266 Attachments: Hourly Rates CEG Consulting, Inc. CEG Consulting Engineers Hourly Rate Schedule ENGINEERING DIVISION Principal Engineer ................................... $150.00 Project Manager ....................................... 140.00 Senior Project Engineer ........................... 120.00 Senior Engineer ...................................... 110.00 Design Engineer II ................................... 100.00 Design Engineer I ...................................... Designer II .................................................. 90.00 85.00 Designer I ................................................... 80.00 Jr. Designer/ CADD Drafter ........................ 75.00 Clerical/Technical Aide ............................... 55.00 REIMBURSABLE EXPENSES SURVEYING DIVISION Senior Surveyor ........................................ 120.00 Senior Survey Analyst .............................. 110.00 Survey Analyst II ......................................100.00 / mile Survey Analyst I ......................................... 85.00 Survey Part Chief ...................................100.00 Field Party hree) ...................................200.00 Cost Field Party Two)......................................150.00 Field Party (One) ...............................100.00 Reproduction....................................Cost Subconsultant Services ..................... Cost plus 10% Automobile Transportation ..................$0.505 / mile Delivery, Freight, Courier .....................Cost Agency Fees ....................................Cost Commercial Travel / Subsistence......... Cost CEG Consulting, Inc. 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. CEG Consulting, Inc. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 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. CEG Consulting, Inc. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor' (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by,giving the Consultant ninety CEG Consulting, Inc. (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 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. CEG Consulting, Inc. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.