Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2200 - Evan Brooks Associates - Grant Writing Services
AGREEMENT FOR GRANT WRITING SERVICES This AGREEMENT FOR GRANT WRITING SERVICES ("AGREEMENT") is made and entered into effective as of the 1St day of April, 2015, by and between the CITY OF ROSEMEAD, a municipal corporation, located at 8838 East Valley Blvd., Rosemead, CA 91770, ("CITY") and Evan Brooks Associates, located at 1030 S. Arroyo Parkway, Suite 204, Pasadena, CA 91105 ("CONSULTANT"). WITNESSETH: For and in consideration of the promises and of the mutual covenants and agreements herein contained, said parties hereby agree as follows: 1. RECITALS. This AGREEMENT is made and entered into with respect to the following facts: A. CITY requires grant writing services ("SERVICES"); and B. CONSULTANT is qualified to provide those SERVICES to the CITY; and, therefore, the CITY desires to engage the services of CONSULTANT upon the terms and conditions hereinafter set forth. 2. SCOPE OF SERVICES. A. CONSULTANT shall furnish to the City all materials, services, and incidental customary work necessary to fully and adequately perform those services described in the attached scope of SERVICES (SERVICES) attached hereto as Exhibits "A" and hereby incorporated by reference. B. Performance of the SERVICES specified herein is made an obligation of CONSULTANT under this AGREEMENT, subject to any changes made subsequently upon the mutual written agreement of the parties. C. The scope of services to be performed by CONSULTANT under this AGREEMENT shall include, but not be limited to, those services specified in Paragraph 2A hereof. 3. FEE. Compensation to CONSULTANT for the total services to be rendered pursuant to this AGREEMENT shall be in an amount not to exceed the amounts agreed upon between the CITY and the CONSULTANT. 4. PAYMENT BY CITY. CONSULTANT shall send invoices to the City on a monthly basis, based upon the services already rendered at the time of the submission. City shall pay all proper costs within thirty (30) days of receipt of such invoice(s). -1- 5. TERM. The term of this AGREEMENT shall be until the SERVICES are completed unless terminated earlier consisted with this AGREEMENT. 6. TERMINATION OF AGREEMENT. The CITY may terminate this AGREEMENT with or without cause, upon giving a ten (10) day advance written notice of such termination to CONSULTANT. In that event, the City Manager, or his designee, based upon work accomplished by CONSULTANT prior to notice of such termination, shall determine the amount of fees to be paid to CONSULTANT for such services based upon accepted accounting practices. This finding by the City Manager, or his designee, shall be final and conclusive as to the amount of such fee. 7. INDEPENDENT CONTRACTOR. CONSULTANT shall act as an independent contractor in the performance of the services provided for in this AGREEMENT and shall furnish such services in CONSULTANT's own manner and method and in no respect shall CONSULTANT be considered an agent or employee of the CITY. & OWNERSHIP OF DOCUMENTS. All data and reports prepared by CONSULTANT under this AGREEMENT are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this AGREEMENT, or use of incomplete work product, is at CITY's own risk. CITY will indemnify and hold CONSULTANT harmless for any use of the work product other than as contemplated by this AGREEMENT. 9. NONASSIGNMENT. This AGREEMENT is not assignable either in whole or in part by CONSULTANT without the written consent of CITY. 10. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this AGREEMENT, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 11. INDEMNIFICATION. A. CONSULTANT hereby agrees to the following: CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. -2- B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, and representatives. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The provisions of this section do not apply to Claims occurring as a result of the City's sole negligence or willful acts or omissions. 12. INSURANCE. CONSULTANT shall not commence work under this contract until CONSULTANT shall have obtained all insurance required by this AGREEMENT and such insurance shall have been approved by CITY as to form, amount and carrier, nor shall CONSULTANT allow any subcontractor of CONSULTANT to commence work on any subcontract until all similar insurance required of the subcontractor of CONSULTANT shall have been so obtained and approved. A. COMPENSATION INSURANCE. CONSULTANT shall take out and maintain, during the life of this contract, Worker's Compensation Insurance for all of CONSULTANT'S employees employed to perform the SERVICES as described section 2 of the AGREEMENT; and, if any work is sublet, CONSULTANT shall require the subcontractor of CONSULTANT similarly to provide Worker's Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by CONSULTANT. If any class of employees engaged in work under this AGREEMENT is not protected under any Workers' Compensation law, CONSULTANT shall provide and shall cause each subcontractor of CONSULTANT to provide adequate insurance for the protection of employees not otherwise protected. CONSULTANT shall indemnify CITY for any damage resulting to it from failure of either CONSULTANT or any subcontractor of CONSULTANT to take out or maintain such insurance. B. COMPREHENSIVE GENERAL LIABILITY, PROFESSIONAL LIABILITY, COMPREHENSIVE AUTOMOBILE LIABILITY AND CONTRACTUAL GENERAL LIABILITY INSURANCE. CONSULTANT shall take out and maintain during the life of this contract comprehensive general liability, products/completed operations hazard, comprehensive automobile liability and contractual general liability insurance and shall protect CITY, its elective and appointive boards, officers, agents and employees, CONSULTANT, and any subcontractor of CONSULTANT performing work covered by this contract, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANT'S or any subcontractor of CONSULTANT'S operations under this contract, whether such operations be by CONSULTANT or by any subcontractor of CONSULTANT, or by anyone directly or indirectly employed by either CONSULTANT or any subcontractor of CONSULTANT, and the amounts of such insurance shall be as follows: -3- (i) Commercial General Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (ii) Comprehensive Automobile Liability Insurance in an amount of not less amount of not less than ONE MILLION DOLLARS ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the said required minimum limits set forth in subsections (i),(ii), and (iii) above. C. PROOF OF INSURANCE. The insurance required by this Agreement shall be with insurers which are Best A+ rated, and California -Admitted, or better. The CITY of Alhambra shall be named as "additional insured" on all policies required hereunder, except for Professional Liability Insurance, and CONSULTANT shall furnish the CITY Clerk, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of the contract. 13. NON-DISCRIMINATION. CONSULTANT shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, martial status, sex, age, or sexual orientation in the performance of this AGREEMENT and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88- 352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order. 14. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 15. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret the provisions of this AGREEMENT, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled. 16. GOVERNING LAW. This AGREEMENT shall be interpreted and construed according to the laws of the State of California. 17. NOTICE. Whenever it shall be necessary for either party to serve notice on the other regarding this AGREEMENT, such notice may be furnished in writing by either party to the other and shall be served by personal service as required in judicial In proceedings or by certified mail, postage prepaid, return receipt requested, addressed to the parties as follows: CITY: City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 CONSULTANT: Evan Brooks Associates 1030 S. Arroyo Parkway, Suite 204 Pasadena, CA 91105 Tel: 626-799-8011 Fax: 888-421-8798 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on its effective date by their respective officers duly authorized on their behalf. ATTEST: 01192 Gloria Molleda City Clerk "CITY" CITY OF ROSEMEAD "CONSULTANT" EVAN BROOKS ASSOCIATES 111IFTAN .1 0 11 2 &I lameliHal Suetsugu Title: Vice President EXHIBIT A SCOPE OF SERVICES [INSERT SCOPE OF SERVICES] Scope of Services The City is interested in establishing agreements with qualified grant writers who can perform the following: 1. Serve as a consultant to seek and secure funding. 2. Research, seek, identify and write Federal, State, County, and private grant proposals that are applicable to the City. 3. Develop strategies and prioritize schedules and timelines for each identified grant. 4. Upon request by City staff, manage the process of submitting required post - award reports to funder(s) to assure that ongoing compliance is met. 5. Manage and monitor the funding agency and file a progress report with City staff assistance, as required. 6. Monitor public and private grant opportunities to identify additional sources of potential financial and matching support and alert and coordinate with the appropriate department for program specifics. 7. Meet with the City Manager, Department Directors and City Council to evaluate departmental and resource needs as directed to meet City's objectives. In A �® RRD CERTIFICATE OF LIABILITY INSURANCE R045$IS DATE(MMIDD/YYYY) 1 1/7/2015 THIS CERTIFICATEIS 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 SUBROGATIONIS 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: Bfi.N;E„ly (866) 467-8730 (ac. Noy (888) 443-6112 HUB INTERNATIONAL INS SVCS INC/PHS ADDRESS: 255611 P: (866) 467-8730 F: ( 6112 Ott Hn<„ PO BOX 33015@ INSURER(S) AFFORDING COVERAGE NAICH Ap'� YY SS�� SAN ANTONIO TX 78265 1 ai, A k dol INSURENA: Sentinel Ins Co LTD INSURED INSURERB: Hartford Fir. IRS CO INSURER C: `Z by y/ IrvsureER D: EVANBROOKS ASSOCIATES INC =W 1030 S ARROYO PKWY $ 204 INBURER E: PASADENA CA 91105 I 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,EXCLUSIONSAND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. ]NSR LES LITE Or' INSURANCE, ADDL R SURC CFO POLIL'YNUMIIEA POLICY QFA (MM/DD/YYY POLICYHXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 52, 000, 000 CLAIMS -MADEOCCUR DAMAGE TO RENTED $1 000 000 PREMISES (Eaoccurrence)/ L x MED ESP Bmyona Pa.,) $10, 000 A X General Liab 72 SEA ZB5496 12/20/2014 12/20/2015 PERSONAL B ADV INJURY 52, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE4A, 000, 000 POLICY PES � LOC PRODUCTS - COMPIOP AGO 4, 000, 000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 52 000 000 , (Ea accident) / BODILY INJURY (Per person) $ ANY AUTO A ALL OWNED SCHEDULED AUTOS" AUTOS 72 SBA ZB5496 12/20/2014 12/20/2015 BODILY INJURY (Par aacldegp $ PROPERTY DAMAGE (PeraccldenQ $ X HIRED AUTOS x NON -OWNED AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE Fru RETENTION$ $ WORRLRSCOMP6NSATIONPER I OTH- X LOVRlLIAR/L/TY 'an"PRS CTATITE ER EL EACH ACCIDENT 1, 000, 000 ANY PROPRIETOWPARTNEWEXECUTIVE YIN B OFFICERIMEMBER EXCLUDED? (MeSdatoryiRNm ❑ WA 72 WEC DG3193 05/25/2014 05/25/2015 EL. DISEASE -EA EMPLOYEE 1, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1 000 000 / / DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101. Addiliopal Remarks Schedule, may be atfacbed if more space is required) Those usual to the Insured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 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 City of Rosemead 8838 VALLEY BLVD ROSEMEAD, CA 91770 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium otherwise due on such remuneration. Person or Organization ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Schedule Job Description ALL CALIFORNIA OPERATIONS Insured Copy CERT NO.: 22919361 CLIENT CODE: UNITPU14-01 Nancy Cadoalladei 12/31/2014 1:02:27 PM (PST) Page 5 of Page 1 of 1 Additional Insured -Automatic- wtaxessees Or ® Contractors 1 JA, ZURICH Coverage Part One -Commercial General Liability Coverage Part Two -Contractor's Pollution Liability CIiY Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date Producer Adtl'I Prem. Return PremGPL008626700112/31/2014 12/31/2015 ofEdd 75223000 ---------- Named Insured and Mailing Address: UNITED PUMPING SERVICE, INC. 14000 VALLEY BLVD CITY OF INDUSTRY, CA 91746-2801 THIS ENDORSEMENT CHANGES THE POLICY Producer: BOLTON & COMPANY PO BOX 6030 PASADENA, CA„91102-6030 ........ ... ... PLEASE READ IT CAREFULLY: This endorsement modifies insurance provided under the following: Environmental Services Package Policy ❑X COVERAGE PART ONE -COMMERCIAL GENERAL LIABILITY.:::— COVERAGE PART TWO -CONTRACTOR'S POLLUTION 1. Who is an Insured (Section I.) in the COMMON COVERAGE PROVISIONS is amended to include as an insured any person or organization whom you are required to; addas an additip..... cured on this policy under a written contract or written agreement. 2. The insurance provided to the additibh6iihsored person or organization applies only to: a. "Bodily injury”, "property damage"'::py::"personal:::and advertising injury" under COVERAGE PART ONE-COMMERCIAFGENERAL LIABILITY ::COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B - PERSONAE. -AND ADVERTISING INJURY LIABILITY caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions:of.those acting 'on your behalf; and resulting directly from: (a) Your ongoing operations performed for the additional insured, which is the subject of the written contract or written agreement; or (b) "Your work" completed as included in the "products -completed operations hazard", performed for the additional insured, which is the subject of the written contract or written agreement; and/or b. "Claims" arising out of a "pollution event" under COVERAGE PART TWO - CONTRACTOR'S POLLUTION LIABILITY, caused, in whole or in part, by: (1) Your acts or omissions; or STF-ESP-101-E CW (09/10) Page 1 of 3 CERT NO.: 22919361 CLIENT COME: UNITPUM-01 Nancy Catlwallatlex 12/31/2014 1:02:27 PPS (PST) Page 2 of 7 (2) The acts or omissions of those acting on your behalf, and resulting directly from: (a) "Covered operations" performed for the additional insured, which is the subject of the written contract or written agreement; or (b) "Completed operations" of the "covered operations" performed for the additional insured, which is the subject of the written contract or written agreement. 3. However, regardless of the provisions of paragraphs 1. and 2. above: a. We will not extend any insurance coverage to any additional insured person or organization: (1) That is not provided to you in this policy; or (2) That is broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and b. We will not provide Limits of Insurance to any additional insured persorr6Forganization that exceed the lower of: (1) The Limits of Insurance provided to you in this policy; or (2) The Limits of Insurance you are required to provide in the written contract or writtewag(eement. ...:.:.. .:............ 4. The insurance provided to the additional insured person or organization does:aiot:apply to: •• "Bodily injury", "property damage" or "personal and advertising injury" arising oCit 0.the rendering or failure to render any professional architectural, engineering or surveying services iRGlttding: a. The preparing, approving or failing to prepare or approve;maps;sliQp drawings,,opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering:activities.,; 5. The additional insured must see to it that: a. We are notified as soon as practicable of aii:"iibcurrence", offen9'e or "pollution event", as applicable, that may result in a claim; b. We receive written notice df a claim "or.'ti6iV:as soori:as:pradticable; and c. A request for defanse and indemnity of tbie'61aim or ':suit" will promptly be brought against any policy issued by another insurer. l ht Qr which the additional ih'sured may be an insured in any capacity. This provision does not apply to insuri h6j ::on which the additionaii insured is a Named Insured, if the written contract or written agreement requires:ifi* M:this coverage be p6mary and non-contributory. G. For the coverage provided JV.Dia:endorserner)II. a. The following paragraph is'aziot3q,tp;Paragraph 8.a. Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. b. The following paragraph is added to Paragraph 8.b. Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any STF-ESP-101-E CW (09/10) Page 2 of 3 CERT IVO.: 22919361 CLIENT CODE: VNITPOM-01 Nancy Cadwallatlei 12/31/2019 1:02:27 Ptd PST) Page 3 of 7 policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. 7. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED, STF-ESP-101-E CW (09/10) Page 3 of 3 CERT NO.: 22919361 CLIENT CODE: ➢NITPVM-01 Nancy CadNal.latleL 12/31/2019 1:02:27 PM (PST) Page 4 If 7 Waiver of Transfer of Rights of Recovery Against Others — Blanket as Required by Contract ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. GPL008626700 12/31/2014 12/31/2015 75223000 ---------- --------- Named Insured and Mailing Address: Producer: UNITED PUMPING SERVICE, INC. BOLTON & COMPANY 14000 VALLEY BLVD PO BOX 6030 CITY OF INDUSTRY, CA 91746-2801 PASADENA,:GA:911:02-6.030 I T CtTYY. aERrfEAp (THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREF�]tLY,. JAN'. This endorsement modifies insurance provided under the following: ZojJ Environmental Services Package Policy t CFtC [ X ] COVERAGE PART ONE— COMMERCIAL GENERAL LIABILITY:ii:::.. [ X ] COVERAGE PART TWO — CONTRACTOR'S POLLUTION LIABILITY:::::. [ X ] COVERAGE PART THREE— PROFESSIONAL LIABILITY:' In consideration of the payment of premium and ttae:.beductible by:yo[i:arid in reliance upon the statements in the Application made a part hereof, we agree with you, §bbject t0 all the terms; exclusions and conditions that with respect to the coverage parts indicated above .Conditions,4Section V:):of the COMMON COVERAGE PROVISIONS, Condition 14. Subrogation is amended by the addltlon:of [h-4;follpwing: We waive any right of recove.ly we may have adaiiist any persori or organization whom you are required to waive your right of subrogation by a written contract or writs::: a jreemenf executed and effective prior to the performance of your services which is the sub]ebt of such written contraot:or written agreement. ALL OTHER TERMS AND CONDITIONS OF THE:P,OLICY SHALL APPLY AND REMAIN UNCHANGED. STF-ESP-248-A CW (04/10) Page 1 of 1 CERT NO.: 22919361 CLIENT CODE: UNITPUM-01 Nancy Cadwallader 12/31/2014 1:02:27 PM (PST) Page 7 of 7 RECEIVED CITY OF Rncc"PAD JAN 1 2 ' POLICY NUMBER: BAP008625100 COMMERCIAL AUTO CITY CLERK': CSPEtCE CA 04 44 03 10 THIS ENDORSEMENT CHANGE9YTFIE'POLfCY`-PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: United Pumping Service, Inc. United Storm Water, Inc.; 4 Lease, Inc. Endorsement Effective Date: 12/31/2014 SCHEDULE required by a written contract. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 1 ❑ CERT NO.: 22919361 CLIENT CODE: UNITFUM-01 Nancy Cadeallade2 12/31/2019 1:02:27 PM (PST) Page 6 0£ 7 ® 3PI ACORO CERTIFtr:ATE OF LIABILITY INSU°'ANCE \S ;�17/un4 THIS CERIFIFICATEIS ISSUED ASA W - ER 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: Ifthe certificate holder is an ADDITIONAL INSURED, fie pdic,(ie.) ..at be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions arms policy, certain Policies may require an endoncement A statement on this certificate does not center rights to the certificate holder in lieu of such endomement(s). HDD INTERNATIONAL INS SVCS INC/PHS TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �. FAG ryPl n(RLXf £FS f00 ♦ SI HR m (666) 4T-, 8730 A., (8 77) 905-0457, 2556'_1 P: (866) 467 8730 F: (877) 901 0457 GAII ,E, DDREAS PO BOX 3,3015 INF ')AFFORDING ODALREGE NFOA SAN AN^_ONTO TX 78265 IN— A--- R�uRrn EACHOCCl1RRFNCE p].r 000, 000 —EF C LJ OCCUR LLL SURER r E'dANBR00KS ASSOCIATES INC _1 000, 000 X RE NoOe G 11030 5 ARROYO PKWY a 204 _ A INGRIFFE PASADENA CA 91105 ,.. J14 INSURFRF CGVFRAGFS CFRT6lneic Annuenria, neNma, ARUAA . - 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 POI ICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �. A'dX ryPl n(RLXf £FS f00 ♦ SI HR m ry//(f f'rvPMtlIR /O'!I( IN WOIDiITi pnLN]'F,TP T L/N/b' CommERCNL GEXEM�I^LLIIA9ILJTY -c: -ADE EACHOCCl1RRFNCE p].r 000, 000 C LJ OCCUR LLL RENTED O PREMIERS PREM5Ei ea acmrenve) _1 000, 000 X X MED EXPIARY One.....) _ A General LSab �. - P -.� ,.. J14 PERSONAL aAEG lrv.luar ;1, 000,000 GEN' L AGGREGATE LIMIT APPLIES PER: GENFRAL AGGREGATE -2, EDE, 000 YOLICY F—I PRU- r $� LOC JEcs PRODUCTS -COMP/OP AGO p 2,00 , 000 _. OIHtR -. AUTOMOBILE 11A61LRY CLOUDED SINGLE LIMITa. l .1,000 DDH LY SOLELY INJURY IIRV(Per pmonl ANY AUTO _ ALLOWNEO SCHEDULED AUTOS AUTON A - �. PC 11 I NJURY(PB -GIMP 5 X AIRED AUTUS X NONINED AUTON - PROPERWDAMAGE (Pe,arcref) OCCUR UMBR�Nl EACH OCCURRENCE - E%CECLAIMSAIADE AGGREGATE _ siavre [a UE x p/{!RN.P.,.I A..c- ra'nnninrre.eurnimv B ANYPRIETOR/!'A RTNER/ESECUTIVEYM EWMEXCLUDED' EMBER EXCLUDED (Martlaleryln NXl W .. ... o c .. ]5/2b/2C15 C L. EACH ACCIDENT DODr ODD _ _ ELD-SCASE-EA EMPLOYEE Tl, ODD, 000 If yes_ tleeniheantler I UtSCNIPrION OP OPERATIO NSx,mw - 'j , 000, 000 Y EL DISEASE -POLO LIMn DESCflIP1pNOFOPERA TIDNS/LCCATpNS/VENKT®RO tO1, AJJManal RemaAs 5cM0ule, may be veacM1aE 11 meraspeu ie rvpuiMl Those usual to the Insuzed's Operations. Cert i.f 1cate, no]der iG an Additional Insured pec the Business Liability Coverage Form SS0008 al_I_ached to this policy. RECEIVED CITY OF ROSEMEAD __.__..JUN 1 v LU SHOULD ANY OF THE ABOV E DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City of Rosemead CITY CLERK'S OFFICE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. _ auTxomaPflrvflEsrvramE 8838 VALLEY BLVD BY: ROSEMEAD, CA 91770 reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD )DI VNO�L `cwbp CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATEIS ISSUED ASA 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(ms) ..at be endorsed. If SUBROGATIONIS WAIVED, subject to Me terms and conditions of the polity, 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). T.N CT PHS HOB INTERNATIONAL ?NS SVCS INC/PHS RED u No (866) 467-8930 ralo NPJ (13771 ?0S---45' 25561: F: (866) 467-E730 E': (877) 905-0457'"A'T- PC ✓CX 33015 SAN ANTONIO TX 78265 RECEIVED i INSURERSI' _._._ - _ — —+- - aswEa � ERe CITU OF ROBEMEA _ I IIx RERL __ JUN 0 g _ SSOC LP.TtiS INC EVANBROOKS A` I rvs RE I11030 S ARROYO PKWY # 204 11NSLNE —I PASADENA CA 91105 CIN CLERM.� FFIC I EF C_OV_ER_AGES CERTIFICATE NOIIIBERf -- 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 — CEROFICAIE 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� I(vSN 111.111SERll 100 SfH VVXte Nl WE (I FXP - all LOMMERLIALOENERAL LNBILRY I EACH OCCURRENCE cl,000, Ho r—OAMI ETO RENTED .ir 211IRS-MADEOC11R LLuu PREMIGE'.— 1 2Ll 01 j�IC A X GSICEII L11b X .. - r 14 MFOE P(Axy ons aom .10, 000 PFRSDNALfl ADv 'i'000, 000 GErvSnGGREanTELM TAPPLES PER GENF:HALAGGREW .21000,00(` POL GY��PR0.�lCG PRODUCTS-COMP/OPA- 21000�DDQ � OTHER I Ir AUTOMOBILE CUBIEnY COMRWEO SINGLE LIMITLa RI JeU 1 AN' AUTO SOUI- Pe ALL OWNED SCHEOVLED _ A - - �„ BODILY A AUTOS AUTOS ,., INJURY IPe n� X HIRED AUTO SN NONDWMED PROPERTYLAMAGE �= AUTOS (Per N,C tleml I UMBREt1P Wa OCCUR C CA�OCCURR[NCE y �_ EXCESS WB CLgIM5.0E AGGREGATE UE SLUENTIONS X RE ANY PROPRIETORPANENERAF EOUTIVEYM - cloervT !T1,000,000 O0.RLEWMEMBER E%ClU0E0> A NRFELOBEA6EA 1 000, 000 l,xae, 71EE IeL. D'segsE-Pou.LrcMl*'110001000 17=Ro". DESCRIPTCI, of OPERAT1oNS eelav OESLRIPrpNOFOPERAIIONS/LCCA1pN3/VEHIQ!]JRn 101. Mtlltlonel0.emeMe SCM1etlula, mey Oa aXeekeE Ilmon spam b lequlrvEf Those usaal Co the Insured's Operations. Certificate Holder is an Addition) Insured per the Business LLobLLity Coverage Form 550008 attached to this 1poltcv. City of Rosemead 8838 VALLEY BLVD ROSEMEA.D. CA 9177 CANCELLATION BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ACC)Ro® CERTIFICATE OF LIABILITY INSURANCE 1 7/2013 THIS CERTIFICATEIS 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 SUBROGATIONIS 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 HUB INTERNATIONAL INS SVCS INC/PHS 255611 P: (866) 467-8730 F: (877) 905-0457 PO BOX 33015-""'"—"^----" SAN ANTONIO TX 78265 �i r�jys �� ii :I CONTACT NAME: (w°oo,Exq: (866) 467-8730 AC,N.r (877) 905-0457 gppILL INSURER(SI AFFORDING COVERAGE NAC# INSURERA: sentinel Ins Co LTD INSURED I} Ir Y L '.j EVANBROOKS ASSOCIATES I C JAN 2014 215 W 7TH ST APT 610 LOS ANGELES CAINsDRERI INSVRERB: Twin City Fire Ins To INSURER C INSURER D', INsuSES F: UUMILKAUL5T I CERFIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE "PO�TIC-Mr-OFINSURAN6 A E 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. JASR L2RLya TIP£OFI SLT1ANCE ADD SIBR I' POLICYNU31SER POLICY EFFPOLIIY£R' dL1LaILFIT , M1 LIMITS GEN£R"IL LI UULITY EACH OCCURRENCE 5l , 000 , 000 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR DAMAGE TO RENTED Sl, OOO, OOO PREMISES Eaoccurmme MED EXP (Any one person) ;10,000 X PERSONAL S ADV INJURY x1,000, 000 A X General Liab 72 SBA ZB5496 12/20/2013 12/20/2014 GENERAL AGGREGATE s2, 000, 000 GENt AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG ,2 , 000, 000 POLICY PRO- FX LOC AUTO,IIORILELIABILITI, COMBINED SINGLE LIMIT '1'000'000 (Ea accident) BODILY INJURY (Per Person) ANY AUTO A ALL AUTOS ftED SCATO5ULE0 72 SEA ZB5496 12/20/2013 12/20/2014 BODILY INJURY (Per accident)y X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ 5 UMBRELLA LIAR OCCUR EACH OCCURRENCE g AGGREGATE EXCESSLIAB CLAIMS -MADE DE FEFENTIONS s oVRKERSCNIPfiYSUfON n:\O HIPIOIFJfS'LGBIIf(1' X I WC STAT1- OTH- TORYLIMITS ERS E.L. EACH ACCIDENT 11,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVEY/N B OFFICERIMEMBER EXCLUDED? (Mantlatorym NH) ❑ W A '72 NEC DG3193 05/25/2013 05/25/2014 EL.DISEASE-EA EMPLOYEE 51, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below, - E.L. DISEASE -POLICY LIMIT 11 000 000 , , DESCRIPTION OFOPERATIONS /LOCATIONS /VEHICLES (MAXLine Length is 79; Aftach ACORD 101, Additional Remarks Schedulo, if more space is required) Those usual to the Insured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. 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. AUTHORIZED REPRESENTATIVE City of Rosemead 8838 VALLEY BLVD ROSEMEAD, CA 91770 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD o DST 00071920 ACORI IIIII CERTIFICATE OF LIABILITY INSURANCE 05-13/-2013 THIS CERTIFICATEIS ISSUED ASA 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 CERTIFICATEOF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERISI, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONALINSURED, the policylies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditionsof the policy, certain policies may require an endorsement. A statementon this certificatedoes not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HUB INTERNATIONAL INS SVCS- INCtPH� 255611 P:(866)467-8730 F ( 7)905-04`57 PO BOX 33015 T CONTACT NAME: PHONE EAx Enn'Np'E„1): (866)467-8730 IA/c, No): (877)905-0457 ADDRESS: INSURER(S) AFFORDING COVERAGE NAICq SAN ANTONIO TX 78265 I ----- I - INSURERA: Sentinel Ins Co LTD i INSURED ;NSURERB: Twin City Fire Ins Co INSURER C: EVANBROOKS ASSOCIATES INC I NsuRERo: 50 S DE LACEY AVE STE 100 ._ INSURER E PASADENA CA 91105 I - INSURER F: I COVERAGES CERTIFICATE; NUN; RER onn mnl nnlnn n ovD. THIS IS TO CERTIFY THAT THE POLICIES Of INSU A CE LISTED. BEL' `TIAVS BEEN ISSUED TO THE INSURED ,NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREM T., TERM OR CONDITION O' ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 11*y,�{INSURANCE AFF RDE BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. I_IIGYITS SHOWN MAY VE B EN REDUCED BY PAID CLAIMS. INSB LTB TYPE OF INSURANCE INSB WVD _ ------'POuCY-NGNWFj PEFF (MM/DIDD/1'VYV) POLI EXP IMM/DD/YYVVI LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1, 000, 000 COMMERCIAL GENERAL L� LIABILITY MISE PRES IEa occurrence) $ 1, 000, 000 A CLAIMSMADEx OCCUR _ MED EXP (Any one person) S 10,000 X General Liab IyI LN u 72 SBA ZB5496 12/20/2012 12/20/2013 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE s 2, 000, 000 _ - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 1 2, 000, 0O0 I I PRO - POLICY Lx_J L _J ET LOC AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT 00Q 000 We51, We accident) , ANYAUTOI BODILY INJURY ;Per person) S A ALL OWNED I ISCHEDULED AUTOS u u 72 SBA ZB5496 12/20/2012 12/20/2013 BODILY INJURY (Per ac.ldenU $ AUTOS X HIRED AUTOS }(I NON -OWNED PROPERTY DAMAGE 5 LJ AUTOS (Per accident) $ UMBRELLA LIAR u OCCUR EXCESS LIAR CLAIMS -MADE I I L] u EACH OCCURRENCE $ AGGREGATE $ DED; I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' - C STATU- OTH- LIABILITY YIN N RY LIMITS ER CH ACCIDENT 51 OOO O00 B ANY OFFICER/MEMBER OPRIETR]XQUDEDIEXECUTIVE LJ N/A I I u 72 NEC DG3193 05/25/2013 05/25/2014 rE.L.EASE -EA EMPLOYE $ 100O 000 Nn If yes, descry ribe If yes, describe underDESCRIPTION EASE -POLICY LIMIT $ 1,000,000 OF OPERATIONS below uu DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Addition -Remarks Schetlule, if more space is required) Those usual to the Insured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. 'ANCE I AT!0%I ACORD 25 (2010/05) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City of Rosemead DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 8838 VALLEY BLVD ROSEMEAD, CA 91770 AUTHORIZER N RESENTATIVE / a -z— ACORD 25 (2010/05) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD rd E M P S 9a ko-o014 00 /NCORPOgATEO X959 PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS CONSULTING SERVICES (EVAN BROOKS ASSOCIATES, INC.) 1. PARTIES AND DATE. This Agreement is made and entered into this this 1St day of July, 2012 (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 Evan Brooks Associates, Inc. with its principal place of business at 50 South DeLacey Avenue, Suite 100, Pasadena, CA 91105 ("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 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 professional public works consulting 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 incideal andnal customary work necessary to fully and adequately supply the professiopubli • works consulting services necessary for the Project ("Services"). The Services de more Evan Brooks Associates, Inc. Page 2 of 11 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 listed above until June 30, 2015, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 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 Evan Brooks Associates, 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_ The key personnel for performance of this Agreement are as _ follows: Mr. Hal Suetsugu. 3.2.5 City's Representative. The City hereby designates the Public Works Director, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Hal Suetsugu 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. Evan Brooks Associates, 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. 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), but not to exceed $50,000.00 per fiscal year. 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, Evan Brooks Associates, 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 Evan Brooks Associates, 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: Evan Brooks Associates, Inc. 50 South DeLacey Avenue Pasadena, CA 91105 Tel: (818) 521-9947 Attn: Hal Suetsugu, Vice Principal CITY: City of Rosemead P.O. Box 399 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 Evan Brooks Associates, Inc. Page 7 of 11 property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action. 3.5.6 Indemnification. 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 Evan Brooks Associates, Inc. Page 8 of 11 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. Evan Brooks Associates, Inc. Page 9 of 11 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. Evan Brooks Associates, Inc. Page 10 of 11 3.5.21 Authority to Enter Agreement. Consultant has all requisite power _and authority to conduct _its business and to execute_, deliver, _an_d 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] Evan Brooks Associates, Inc. Page 11 of 11 CITY OF ROSEMEAD ASSOCIATES, INC. By: �/ 6 l ?i By: JefirAllreY City ManageratD eate Attest: C2,LL:7 Ina Molleda, City Clerk Date Approved as to Form: Rachel Richman City Attorney Name: ! v Title: —K [If Corporation OR Vice Pr CORPORATF� REQUIRED] M 1 f Name: Date TWO SIGNATURES, President ;ident AND Secretary, AND )SEAL 6F CONTRACTOR Title) frylC b& EXHIBIT A SCOPE OF SERVICES/ RATE SCHEDULE Attachment A Scope of Services General Engineering Services • Plan Review for public improvement projects — streets, sewer, storm drains, signals, signs, striping, traffic control, grading • Plan Review for land development projects —final maps, subdivision map act documents • Establish bond amounts — performance, I/m, grading, development fees • Review/Recommend regulations and ordinances related to engineering functions • Recommend/Prepare/Administer grant applications for construction projects • Storm Water/NPDES functions • Prepare design plans and specifications for public projects • Provide assistance to other City Departments, City Council, and Traffic Commission; attend public meetings as needed GIS System Management • Manage and update system • Add layers and integrate into system • Create maps for other City Departments Traffic Engineering Services • Plan Review for development projects — assess traffic impacts • Prepare design plans and specifications for public projects • Recommend traffic safety improvements — parking, signage, speed limits, traffic calming devices (control devices, stop signs, speed bumps, cross walks, pedestrian/bikeway safety, channelization) • Recommend improvements/correction action at locations with high accident rates • Recommend/Prepare/Administer grant applications for traffic safety and public improvements • Review/Recommend regulations and ordinances related to traffic engineering functions • Recommend improvements for maintenance of traffic signals, signage, and roadway markings (using FHWA's Manual on Uniform Traffic Control Devices) • Provide assistance to other City Departments, City Council, and Traffic Commission; attend public meetings as needed • Review Traffic Impact and Parking Analysis (completed in conjunction with proposed projects) • Ensure compliance with City traffic study requirements and City Congestion Management Plan (CMP) • Conduct/Review traffic forecasting. methodology • Conduct intersection capacity analysis/project impact • Recommend mitigation measures • Review Site Access of Projects • On-site circulation sizing (internal network, drive aisle width, orientation and throat dimension) • Review driveway locations on bordering arterials and site dimensions • Review traffic control at site access points and key internal locations — spacing, sight lines, left turn provisions, right turn restrictions, control measures Capital Improvement Project Program • Prepare design plans, specifications, estimates, and contract documents for projects — streets/public right-of-way and facilities/parks • Conduct design survey, construction survey, and construction observation for projects • Coordination with utility agencies • Coordination with regional agencies (County, State, etc) • Provide field inspection services and accept completion of work once finished Inspection/Permitting Services • Provide construction observance of work in public right-of-way Survey Services • Survey base mapping and construction staking; design surveying, photo control, aerial mapping, centerline surveys, comer records, record of survey Geotechnical Services • Perform soils and materials testing analysis Billing Rates The following page contain EBA's current billing rates (effective for one -Year during the period January 1, 2012 to December 31, 2012) STANDARD HOURLY RATES Project Principal/ Manager $150 Project Engineer (Traffic & Civil) ; $140 Assistant Project Manager $120 Transportation/ Traffic Planner I T„ $100. Federal/ State Aid Specialist $100 CADD/GIS Specialist $95 Technical Analyst/ Planner $85 Administrative Analyst $45 Reimbursable direct expenses are billed at cost plus 10% for administration fee. 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 C-1 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 C-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. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. C-3 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this — Agreement 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this C-4 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. C-5 Client#: 585636 EVANBROO ACORD. CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDIYYYY) 9/1 812 01 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. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hub International HUB Intl Insurance Serv. Inc. 40 East Alamar Avenue CONTACT NAME: PHONE FAX AIC No Ext): INC, No: E-MAIL ADDRESS: INSURERIS) AFFORDING COVERAGE NAIC # Santa Barbara, CA 93105 INSURER A: Sentinel Insurance Company Ltd 11000 INSURED INSURER B: Twin City Fire Insurance Compan 29459 Evan Brooks Associates, Inc. tY Travelers Casual and Sure o 31194 INSURER C: Surety 50 S. Delacey Ave #100 Pasadena, CA 91105 INSURER D: INSURER E: INSURER F: S 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 CONTRACTOR 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. INSRrypE OF INSURANCE ADDL INSR SUER MD POLICY NUMBER POLICY EFF MMIODrrYYY POLICY EXP MMIDDI1'YYY UNITS A GENERAL LIABILITY X COMMERCIAL GENERALLIABILITY CLAIMS -MADE O OCCUR 72SBAZB5496 2/2012011 12/20/2012EACH�OEECTCURRENCE $1000000 PAMMISES�aERTErzence $1000000 MED EXP (Any we person) 510,000 PERSONAL &ADV INJURY $1,000,000 GENERA -AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY IPEC�LOC PRODUCTS-COMPIOP AGG $2,000,000 S A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS Ix 72SBAZB5496 2/20/2011 12/20/2012OMBINEDd anlSINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Peracedenl S UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE 1 EACH OCCURRENCE $ AGGREGATE $ DEO I I RETENTIONS $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDE D?Y (MenEalory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 72WECDG3193 5/2512012 05/25/2013 X I WC STATU- OTH- TORY LIMITS E. L. EACH ACCIDENT $1000000 E. L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE. POLICY LIMIT $1,000,000 C Professional Liabilty 105734155 1/20/2012 01120/2011 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Certificate holder is named as additional insured under the general liability policy. City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 ACORD 25 (2010105) 1 of 1 #S18290'13/M1683720 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 JJ44 31 E M ff 5 O 0 /PoCURP<)Rd?EO l9hR GENERAL PUBLIC WORKS AND TRANSPORTATION PROFESSIONAL ENGINEERING SERVICES (EVANS BROOKS ASSOCIATES, INC.) 1. PARTIES AND DATE 2wl� This Agreement is made and entered into this,.e day of August, 2011 (effective date) by and between the City of Rosemead, a municipal organization organized underthe laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Evans Brooks Associates, Inc. with its principal place of business at 50 South DeLacey Avenue, Ste. 350 Pasadena, CA 91105, ("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 Engineering and Transportation Professional Services to public clients, is licensed in the State of California (if applicable) and is familiar with the plans of City. 2.2 Project City desires to engage Consultant to render such ongoing Engineering and Transportation services for the City, 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 Public Works Inspection Services — EBA Page 2 of 10 necessary to fully and adequately supply the professional Engineering and Transportation services necessary for the Project, herein referred to as "Services'. The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term: The term of this Agreement shall commence on the effective date mentioned above until July 31, 2014, as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this agreement is necessary to complete the Services 3.2 Responsibilities of Consultant 3.2.1 Control and Payment of Subordinates; Independent Contractor: The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required bylaw. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements: All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel: Consultant has represented to Citythat certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the Public Works Inspection Services — EBA Page 3 of 10 City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative: The City hereby designates the Public Works Director, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this 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 Public Works Inspection Services — EBA Page 4 of 10 with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain priorto the beginning of and forthe duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees 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, etc.), but not to exceed $75,000.00 per fiscal year. Such payments for services shall be made on an as -needed basis as directed by the City. 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 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Public Works Inspection Services — EBA Page 5 of 10 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 partof this Agreement at anytime and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Public Works Inspection Services — EBA Page 6 of 10 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: Evans Brooks Associates CITY: Attn: Hal Suetsugu 50 South DeLacey Avenue, Suite 100 Pasadena, CA 91105 Phone: (818) 521-9947 City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Chris Marcarello — Director of Public Works Phone: (626) 569-2118 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 priorwritten consent of City, be used by Consultant for Public Works Inspection Services — EBA Page 7 of 10 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, 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. Public Works Inspection Services — EBA Page 8 of 10 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, oramendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicitor secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required 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 Public Works Inspection Services — EBA Page 9 of 10 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] Public Works Inspection Services — EBA Page 10 of 10 CITY OF ROSEMEAD r/°AII i VIII Attest: /A9,('r), W c, Gloria Molleda, City Clerk Date Approved as to Form: Rachel H. Richman, City Attorney EVANS BROOKS AND ASSOCIATES By' ,Q �V1sl Dat Name:"Lxknu'-1 Title: ( 61("'n [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] M ZIT Title: EvanBrooksAssociates ON-CALL TRANSPORTATION AND GRANTS MANAGEMENT SERVICES EvanBrooksAssociates:Planning Consultants 50 South DelaceyAve nue 100 Pasadena, CA 91105 Evan Brooks Associates: Planning Consultants 50 South Delacey Avenue, Suite 100 Pasadena, CA 91105 Voice: 818.521.9947 Fax: 888.421-8798 March 10, 2011 Chris Marcarello Public Works Director City of Rosemead 8838 East Valley Boulevard Rosemead 91770 Subject: ON-CALL TRANSPORTATION AND GRANTS MANAGEMENT SERVICES Dear Mr. Marcarello: Evan Brooks Associate (EBA) is pleased to submit this proposal to perform on-call transportation and grants management services for the City of Rosemead's Public Works Department. We are excited about the opportunity and eager to present to you our professional strengths that we believe correspond to your needs. EBA continues to strive to be the lead in the planning and development of large and complex projects - mostly involving federal and/or state funds. As we hope this proposal demonstrates, the extensive experience within our team will result in an efficient and effective management and administration of the City's transportation issues and programs. Our team has worked extensively in the area of municipal transportation programs of various sizes and regional and local transportation funding. The team is committed to working with the City and will commit other appropriate resources, such as technical engineering, to complete any tasks that could arise. The proposed team will be responsible for all aspects of project management and project delivery of all assigned project tasks and completion of these projects within budget and on time with minimal oversight from and burden on agency staff. EBA is committed to provide services and products of high quality, accuracy and efficiency. Evan Brooks Associates: Planning Consultants Chris Marcarello Proposal for City of Rosemead March 10, 2011 Page ii Included in this proposal are our firm and project team qualifications including references and list of relevant projects, our project approach, and billing rate. Please do not hesitate to contact me if you have any questions and/or require additional information. I thank you for your consideration and look forward to hearing from you. Sincerely, Eva nBroo ksAssocia tes: Planning Consultants 4 Hal Sue su u Vice Principal/Project Manager 818.521.9947 1 Email contact: hal@ebaplanning.com Evan Brooks Associates: Planning Consultants TABLE OF CONTENTS EBA Profile and Experience................................................................... 1 Project Team Responsibility and Qualifications ................................. 3 Resumes....................................... ......................................................... .... 6 Summary of Successful Grant Applications ......................................... 17 References................................................................................................ 18 ServiceApproach.................................................................................... 20 BillingRate............................................................................................... 22 Evan Brooks Associates: Planning Consultants EBA provides comprehensive transportation planning and administration services. Our team has a broad mix of multi -disciplinary expertise. Currently, our Transportation Planning and Grants Management Team has over 17 years of transportation and traffic consulting services with over eight years of Council Commission relations and over twelve years or regional, state and federal funding experience and actively maintains over 12 local jurisdictional clients in Los Angeles County. We have extensive experience in working with local jurisdictions. Our key staff members have served public agencies in various capacities including Transportation Management, Federal Aid Administration, Capital Funds Management, Environmental Clearance Specialists, Geographic Information System (GIS) Development and Management, Labor Compliance Officer, Project Manager, Capital Planner, and Management Analyst. We are accustomed to working with governmental agencies in every facet of administration, community development, planning, finance, and public works, and our staff has an unparalleled understanding of public agency issues, procedures, and policies. Our combined experience in transportation/transit planning, transit -oriented development, community outreach, government affairs and funds management makes us strongly qualified to address the City of Rosemead's transportation related needs including: • Administration and management of regional, state and federal grant funds; • Administration and management of the Traffic Commission; • Assistance in developing transportation and traffic impacts and studies; • Assistance in developing the department's transportation budget and project activities; • Assistance in representing the City's interests at Southern California Association of Governments, Caltrans, Council of Governments, Contract Cities, League of Cities, executive committee and other local agency meetings; • Assistance in interagency project coordination between the neighboring cities of Alhambra, EI Monte, Montebello, Monterey Park, San Gabriel, South EI Monte, Temple City and Los Angeles County on local and regional transportation issues; • Staff liaison to the City's Traffic Commission, and other transportation and traffic related committees, if any; • Representative for the City on outside advisory, local, regional, state, and federal agencies, commissions, committees, and professional organizations; Evan Brooks Associates: Planning Consultants • Assisting in developing recommendations and implementing City policies regarding transportation and traffic related issues; • Assistance in providing field investigations and research on transportation issues; • Assistance in improving the effectiveness and efficiencies of the City's circulator bus service as well as the coordinating service enhancements for the Metro service through the City; • Administration and assistance of the funding sources for all transportation and air quality grants as well as the MTA's Local Return, AB2766, TDA3 and NTD funding; • Assistance in legislative and policy analysis on transportation issues throughout the City • Assistance in developing resolutions, ordinances and memorandums of understanding; • Assistance in presenting findings and recommendations to city commissions, city councils, agency staff, and community leaders. EBA has a proven track record in providing high quality program management services. We understand the resources needed in order to manage and address the City's transportation and traffic issues, as well as maintaining and administering City acquired funding sources from regional, state and federal agencies. We have provided several agencies with staff assistance for administration and management of agency commissions and committees as well as coordinating efforts for community relations and outreach activities. Our expertise in grants management and funds administration services can provide an advantage to acquiring competitive funding through all levels of funding agencies. Our service also include processing and administering regional, state and federal funds approval from the programming of SCAG's Transportation Improvement Program to approval to Caltrans Request for Authorization of Federal funding to final Metro, FHWA and FTA Audit Closeouts. Our firm takes special care in tracking all assigned work as well as continued status of all Metro, State and Federal funding during the obligation and construction phases. 2 1 P a g e Evan Brooks Associates: Planning Consultants PROJECT TEAM RESPONSIBILITY, QUALIFICATION AND RESUMES KEY STAFF RESPONSIBILITY AND QUALIFICATION HAL SUETSUGU will be assigned as Vice Principal/Project Manager in charge of Transportation Management and Administration. Hal will serve as the primary contact personnel and contract principal for this project. Hal will be responsible to maintain all communications with the City's assigned project manager and coordinate all project efforts with other team members. Hal will attend every Traffic Commission meeting and will be the primary contact for Commission related assignments. Hal has over 19 years of experience in transportation planning and federal grants management and administration of which 12 years were with MTA supporting local agencies in transportation planning and funds administration in MTA's Capital Planning and Programming Department. He served as the Transportation Manager for the City of South Pasadena and as Legislative Analyst and Funding Program Coordinator at the MTA. 31 Page Evan Brooks Associates: Planning Consultants He also served a variety of transportation and planning consulting firms. His experience includes transportation planning; urban transportation; federal grants processing and federal aid management; federal, state and regional agency liaison; supporting local agencies on transportation and city planning, grants management and administration activities; developing and maintaining interagency coordination; and supervising technical and administrative staff. Hal was also the MTA Westside Area Team's project manager for the Los Angeles' Santa Monica Boulevard Transit Parkway project. FIONA DIAZ will assist the Project Manager on an as needed basis, in transportation planning analysis, community and government relations, general service request assignment allocations, research and preparation of grants and administrative services tracking, including; coordination and tracking of assigned work, tracking of regional, state and federal funds from programming of the TIP and obligation of the Request for Funding Authorization (RFA), to administrative tracking, reimbursements and maintenance of obligated funds and coordination of the Caltrans required requests and audit coordination. Fiona specializes in project and program management in the field of transit, transportation, urban planning and transit -oriented development. Over 6 years were with MTA managing Joint Development and Call for Projects program. She has recently conducted federal and regional audits for compliance and written federal and state grant proposals for over eight client cities in the recent federal appropriations and regional MTA Call for Projects. JULIET ARROYO will assist the Project Manager in developing and maintaining all design engineering and environmental documentations requests by the City. Juliet will also assist in ensuring that all required federal documents are maintained and in order throughout the funding cycles. Juliet will coordinate activities between the consultant team and sub -consultants for other related services. Juliet is an urban planner specializing in environmental review/impact analysis, historic resource evaluations, urban design and land use feasibility studies. She provides a wide range of environmental and planning services to cities and counties, owners and developers, and non-profit community organizations, including; preliminary environmental assessments, environmental impact analysis, historic context statements, oral history projects, adaptive reuse plans, historic and environmental resource surveys, 41 Page Evan Brooks Associates: Planning Consultants ordinance development, incentive programs, rehabilitation plans, design review, education and community outreach, and other related projects and programs. SELIM BOUHAMIDI will assist to ensure that all TIP, Caltrans and FHWA/FTA documents are properly documented and approved so at to proceed with obligation of federal funding. Selim will also maintain the state and federal tracking system and provide monthly status reports on all active accounts. Selim is an expert in federal aid obligations and Caltrans E-76 project management. He coordinates with local agency and Caltrans Local Assistance Division staff to secure federal funds and comply with federal funding standards for transportation projects in the federal -aid system. He possesses a thorough understanding of the Caltrans Local Assistance procedures manual including managing Request for Authorization to Proceed (E76), Award Package verification and reimbursement/close-out procedure efforts. MINDY BELLI will assist our team in ensuring that all Commission reporting and documents are responded to in a timely manner. Mindy will provide accurate minutes of Traffic Commission meetings as well as notes at all agenda setting meetings between the Traffic Commission Chair, staff and consultant team. In accordance with Caltrans policies and procedures. Mindy is an expert in grants research documentation and reporting. Mindy is a research analyst and specializes in writing and preparing grant application and proposals. She has contracted with several agencies to assist in commission and committee meetings to develop agendas, minutes, and presentations. Mindy's project experience include research and drafting of policies for municipal agencies and developing policies for traffic calming and parking management, processing federal and state applications in accordance to established guidelines, drafting a formal status report for a municipal transit service, drafting proposals and grant applications, developing press releases for events or meetings, assisting local residents with application submittals and required documentations. Mindy has also written award winning -application for the AQMD Model Community Award (2006). W2 DESIGN, Pasadena, CA is a design and engineering firm that we work closely as our technical engineering resource for Civil and Traffic Engineering services and assistance. 51 Page RESUMES HAL SUETSUGU Principal Contract/Funds Manager EDUCATION • Master of Arts in Urban Planning, School of Architecture and Urban Planning, University of California, Los Angeles • Graduate Studies in Geography/Urban Studies, School of Natural and Social Sciences, California State University, Los Angeles • Bachelor of Arts in Geography, minor in Business, School of Natural and Social Sciences, California State University, Los Angeles HIGHLIGHTS • Specialist in Grant Writing and Grant Management. • Recent MTA Call for Projects applications in Regional Surface Transportation Improvements Category ranked in the top 10, and resulted in $19,805,000 funding for EBA's client cities. • Recent HSIP applications resulted in approx. $20,000,000 funding for various client cities. 6 l Page Evan Brooks Associates: Planning Consultants Mr. Suetsugu has 20 years experience in transit and transportation projects, urban planning, legislative policy planning, grants management, funding and program and project management, public and community relations, public and private sector contracts administration, federal, state and regional agency liaison, customer relations and organizational and intergovernmental coordination. He managed transportation projects and administering public and private contracts; supporting local agencies on grants management and administration activities; developing and maintaining interagency coordination; and supervising technical and administrative staff. He has extensive experience in federal funding programs, and fund management. His experience includes working for Los Angeles County Metropolitan Transportation Authority as federal funding program coordinator. He has extensive experience in working with State of California Department of Transportation (Caltrans) and Federal Highway Administration (FHWA), including Caltrans/FHWA headquarters in Sacramento. EvanBrooksAssociates, Vice Principal • Mr. Suetsugu is responsible for managing and coordinating federally funded transportation projects and contracts. • Specialist in Grant Writing and Grant Management. In the recent 2009 MTA Call for Projects, he prepared funding applications in Regional Surface Transportation Improvements Category for EBA's client cities, receiving funding from the MTA. The total cost for these 8 projects is $23,805,000. Evan Brooks Associates: Planning Consultants Transtech Engineers, Vice President, Transportation Planning • Responsible for managing and coordinating transportation planning and project management administration for local agencies throughout Los Angeles County; • Provided transportation and transit analysis and management assistance to local cities and prime consultants; • Coordinated community outreach and government relations activities; • Performed federal, state and local grants funding assistance and grants requirements assistance; • Coordinated planning efforts and project management activities between clients and federal/state/regional agencies; • Developed resolutions, ordinances and memorandums of understanding; and • Presented findings and recommendations to city commissions, city councils, agency staff, and community leaders. City of South Pasadena, Transportation Manager • Managed City's Transportation Program and projects. • Managed the City's Transportation Commission and Design Advisory Group. • Provided project management oversight for the SR710 Tunnel Study and Environmental Assessment. • Successful in coordinating efforts for the federal obligations of the Rogan transportation funds programming. • Coordinated Community Outreach for the Orange Grove Transportation Improvement project. • Lead contact for FHWA, CTC, Caltrans, MTA and AQMD issues. L A County Metropolitan Transportation Authority, Senior Legislative Analyst • Managed and coordinated transportation planning and project management administration for local agencies. 71 Page Evan Brooks Associates: Planning Consultants Managed the Regional Surface Transportation Program (RSTP) and the State Transportation Improvement Program (STIP). • Liaison between MTA and Caltrans Headquarters, FHWA and California Transportation Commission on funding issues. • Represented MTA on local, state, and federal funding policies. Provided technical and policy support to local agencies. PRINCIPAL QUALIFICATIONS • BA in Geography, CSULA • MA in Urban Planning, UCLA • Four years in redevelopment planning • Four years in real estate planning • Three years in transportation operations planning • Eight years in transportation project planning • Three years in transportation policy planning (supervisory) • Two years in Transportation Legislative Planning (supervisory) • Five years in Transportation Funding Analysis (supervisory) • Four years in Transportation and Land Use Project Management (supervisory) Total 19 years in planning Total 13 years in transportation planning Primary liaison: • MTA Board Deputy and Liaison for the Board Chair for five years. • Transportation Manager in charge of South Pasadena's Transportation Commission and Design Advisory Board Primary responsibilities: • Coordinating Commission and Committee agendas, minutes, presentations • Representing the region's transportation interest and advocating regional, state and federal funding for the local and regional agencies. Other responsibilities: • Developing transportation policy agreements, ordinances and resolutions. • Agency's government relations officer for local, regional, state and federal affairs to advocate funding for Los Angeles County cities. 8)Page Evan Brooks Associates: Planning Consultants FIONA F. DIAZ Project Planning Manager Community/Transportation Planning EDUCATION SUMMARY Master of Real Estate Ms. Diaz possesses more than 13 years of professional experience Development, 2006 in the areas of urban planning, transportation planning, and high - University of Southern density transit -oriented development. California Bachelor of Arts, PROFESSIONAL EXPERIENCE Environmental Policy and EvanBrooks Associate, Project and Program Manager Planning, 1996 Consulted City Managers regarding real estate development and University of California land use policies. Facilitated funds management and governmental Santa Cruz grants for several jurisdictions totaling over $20 million dollars. Completed transportation planning studies for numerous jurisdictions. Managed transportation program for City of Redondo Beach. JSM Capital Inc., Development/Construction Manager Managed several high-density mixed-use development projects valued over $300 million. Led projects through entitlement process to building permits and construction. Coordinated design and pre - development activities of mixed-use development projects. Managed consultants and trades and facilitate contracts and budgets. Performed construction management and quality control to deliver projects to achieve schedule, budget & profit targets. LENNAR Corporation, Community Development Manager Managed high-density mixed-use development projects from acquisition to construction. Performed due diligence analysis, feasibility research and analyze financial pro -forma. Coordinated acquisition, product design, and entitlement process. Represented company to local jurisdictions and community groups. Metropolitan Transportation Authority, Project Manager Executed and managed major joint development projects on Metro station properties. Negotiated key business terms on joint development agreements valued over $200 million. Mediated between multiple institutional interests to secure agreements. Analyzed pro -forma spreadsheets for project feasibility. Developed 91 Page Evan Brooks Associates: Planning Consultants Request for Proposals and performed developer selection. Novak+Associates, Inc., Land-Use/Urban Planner, Expedited land use entitlements for major development projects. Processed entitlement and building permit plan check approvals. Facilitated compliance with NEPA and CEQA requirements. Provided client representation before public entities. County of L.A. Dept. of Regional Planning, Land -Use Planner, Developed Land-Use/Transit Oriented Districts development program for the County of Los Angeles. Drafted technical information for zoning ordinances and development standards. Processed environmental documents including Initial Studies, Negative Dec, and EIR. 101 Page Evan Brooks Associates: Planning Consultants SELIM BOUHAMIDI Associate Planner Federal/State Aid Specialist EDUCATION PROFESSIONAL EXPERIENCE Master of Arts, Urban Federal- and State -Aid Internal Procedural Tracking System: Planning, University of Development of an internal electronic procedural tracking California, system to fast-track, coordinate, and organize federally - Los Angeles. aided projects. This multi -layered, holistic system is process -oriented and developed over a timeline—a steady Bachelor of Arts, Anthropology, University of departure from the topically based and more general California, approach of the Caltrans Local Assistance Procedures Los Angeles Manual. The system provides swift results by ensuring that a project stays fully on track and is carried out in a timely and efficient manner, while providing personnel with all key reference points, timelines, and resources to complete and track the various ongoing projects. Responsible for tracking all aspects of a federal- or state -funded project beginning with the initial submittal of the funding packet application and signatures. Every step in the transmittal process is reviewed, tracked, and updated. The tracking system also includes follow-ups on federal application forms, which are subject to change after submittal and must be updated so as not to hold up authorization of funding. Working closely with Caltrans Local Assistance procedures, responsible for managing, tracking, and monitoring various transportation projects from a diverse number of cities including Inglewood, Baldwin Park, Long Beach, Pomona, and Lawndale. City of Baldwin Park Labor Compliance Officer: Provided inspection services for federal labor and safety compliance adherence for several construction related projects. Provide full documentation of job site employment documentation and safety notifications as well and weekly `spot' inspections of federal/state wage rate compliance. 111 Page Evan Brooks Associates: Planning Consultants Developed several closeout binders for several construction contractors for federal and Caltrans review and approval. City of Inglewood Imperial Partners EIR: Researched and contributed to the write-up and review of the yet -to -be completed EIR for the Imperial Partners commercial development in the Hollywood Park area of Inglewood. Focused on the Public Utilities and Housing and Population chapters, completing research on the regulatory settings and background information in these areas. Reviewed the impact analysis of this new development on the region as a whole, focusing on housing, population growth, energy conservation, natural gas, solid waste, and telecommunications. 121 Page Evan Brooks Associates: Planning Consultants JULIET ARROYO Senior Associate Planner Federal Compliance/Environmental Analyst EDUCATION PROFESSIONAL EXPERIENCE Master of Arts in Urban EVAN BROOKS ASSOCIATES, Senior Planning Associate Planning, University of Prepare transportation related reports, provide California, Los Angeles environmental review for transportation projects under Bachelor of Arts in Caltrans environmental regulations, CEQA, NEPA, and Geography, other local, State and Federal environmental California State University, requirements. Coordinate technical studies required for Fresno. environmental review. Manage community outreach activities for proposed projects and studies. Prepare Coursework in Historic historic resource technical studies for CEQA and Section Preservation, University of 106 purposes. Southern California LAUSD/QUESTA ENVIRONMENTAL, CEQA Project Manager and Peer Reviewer Managed the CEQA process for new school projects in the Central area of the Los Angeles Unified School District. Reviewed historic resource reports prepared by various consultants for new school and existing school projects throughout the District. Reports included historic resource assessments, mitigation measures, rehabilitation feasibility reports, and compliance with Secretary of the Interior's Standards and Guidelines. ARROYO RESOURCES, Historic Resources Consultant Provided historic resource consulting services to property owners and developers including historic nomination reports and historic resource assessment reports. Primary services included preparing intensive level historic resource assessments for individual properties and historic resource surveys for multiple property areas for CEQA purposes. CITY OF GLENDALE, Historic Preservation Specialist and CEQA Coordinator Served as the historic preservation specialist for the City 131Page-- Evan Brooks Associates: Planning Consultants of Glendale, California and coordinated the CECA process for city and private projects. Duties included writing the demolition review ordinance for discretionary view of demolition proposals, writing the historic district ordinance for the city, assisting with the design guidelines for properties in historic districts, managing the activities of the historic preservation commission, helping to designate numerous private and public properties through documentation and evaluation, managing the largest historic resource survey in the city containing over 500 properties, providing design review advice on rehabilitating older properties both listed and unlisted, activating and managing a Mills Act incentive program, developing various alternatives for a comprehensive citywide survey of historic resources, creating database of previously identified properties, conducting many community meetings with input from diverse groups with diverse interests, developing educational and community programs related to historic preservation, promoting historic preservations through events, printed materials, and video shows, coordinating with governmental agencies at the local, State and Federal levels, writing grant proposals receiving historic preservation funding, developing the city's first architectural style guide, providing staff training to other departments regarding historic preservation laws and policies, coordinating and processing projects in accordance with CECA, and writing the local CEQA guidelines. KEYSER MARSTON ASSOCIATES, Redevelopment Senior Associate Provided technical, administrative, and advisory services to California Redevelopment Agencies. Advised clients on the legal requirements of adopting, amending, and merging redevelopment plans. Worked extensively with city officials, consultants, and outside agencies. Work included analyzing local and regional conditions, reviewing redevelopment financing scenarios, writing multi -subject reports, managing the entire redevelopment process including CECA processing and review of Environmental Impact Reports, creating and managing large databases, 141 Page Evan Brooks Associates: Planning Consultants managing the formation and election of Project Area Committees including organizing on-going meetings, giving presentations at city council and community meetings, preparing agency board reports and ordinances. KATZ HOLLIS, Redevelopment Associate Managed the redevelopment plan adoption process in accordance with the requirements of the California Redevelopment Law. Work included preparing and monitoring complex schedules, preparing blight studies, writing reports, describing physical and economic conditions, assessing constraints to development, conducting fieldwork, rating building conditions, designing field survey materials, analyzing census and socioeconomic data. JONES & STOKES ASSOCIATES, Environmental Specialist Prepared environmental studies for various urban development projects throughout the State. Assignments included: land use impact analysis, socioeconomic impacts, evaluating public service delivery systems, assessing aesthetic impacts, writing sections of large multi -disciplinary Environmental Impact Reports, prepared Initial Studies and Negative Declarations. 151 Page Evan Brooks Associates: Planning Consultants MINDY BELLI Planning Analyst EDUCATION PROFESSIONAL EXPERIENCE Bachelor of Science in EvanBrooks Associates Planning and Environmental. Public Administration, Experience includes; research analysis, assists with preparation California State University, of Grant applications, and provides publicity coordination for Dominguez Hills government or private agencies. Projects include research and drafting of policies for municipal traffic calming and parking, writing newsletters for city residents, drafting a formal status report for a municipal transit service, drafting proposals and grant applications, writing invitations and press releases for events or meetings, assisting with events and meetings, writing a winning - application for the AQMD Model Community Award (2006). SMC Planning Services. Research and Identified transportation problems and needs for local agencies; provide data analysis and description of highway or other transportation needs; provide the analysis and evaluation of existing or proposed transportation services including programs, projects and policies; and develop and/or coordinate transportation plans or policies. Consilium Associates Analyzed and summarized study data for government clients; drafted proposals for Requests (RFPs); advised staff programmers regarding content and navigation improvements for presenting data. Orange County Department of Education. Created promotional and press materials; managed event and workshop preparation and materials; drafted reports, assisted with study and questionnaire design. Automobile Club of Southern California. Researched and reported product usage, member demographics, industry, and consumer developments; assisted with survey research (questionnaire design and testing, sampling, data analysis, and reporting); produced reports, graphs, and maps including locations of demographics. 161 Page Evan Brooks Associates: Planning Consultants SUMMARY OF SUCCESSFUL GRANT APPLICATIONS Agency Grant Program Project Grant Amount (2007 to 2011) City of Alhambra Metro Call for Projects Valley Blvd. $ 1,500,000 Safe Routes to Schools Commonwealth $ 250,000 Safe Routes to Schools Alhambra High $ 320,000 Highway Safety Valley Blvd. $ 500,000 AQMD CMAQCNG Refueling $ 300,000 Metro Mini Call Bus Purchases $ 400,000 Energy CEC LED Signal Upgrade $ 950,000 City of Arcadia Metro Call for Projects Huntington Dr. $ 1,010,000 City of Azusa Metro Call for Projects Transit Center $ 4,200,000 Metro Call for Projects TEA Azusa Ave. $ 800,000 City of Baldwin Park Metro Mini Call Bus Purchases $ 400,000 Metro Call for Projects Transit Center $ 4,200,000 Metro Call for Projects TDM Project $ 300,000 Metro Call for Projects Baldwin Bikeway $ 400,000 Metro Call for Projects Metrolink Overpass $ 1,100,000 City of Bellflower Safe.Routes to School Palm/Clark $ 320,000 Safe Routes to School Eucalyptus $ 430,000 HSIP Bellflower Boulevard $ 890,000 City of Carson Metro Call for Projects Avalon RSTI $ 6,700,000 City of Inglewood Metro Call for Projects La Brea S Curve $ 6,300,000 Metro Call for Projects Century RSTI $ 3,200,000 Metro Call for Projects Florence RSTI $ 2,400,000 Safe Routes to School Ivy Sidewalk $ 230,000 Highway Safety Manchester $ 180,000 HSIP Crenshaw S Curve $ 235,000 SRTS La Tijera Safety Improvements $ 325,000 SCAG La Cienega Corridor Study $ 250,000 Energy CEC Street Lighting $ 650,000 City of Lawndale Call for Projects Inglewood/Marine $ 1,019,000 Highway Safety Mansel/Marine $ 240,000 City of Pomona Call for Projects SR71/Mission Blvd. $ 3,100,000 CTC TCRP SR71/Mission Blvd. $16,400,000 City of Redondo Beach Call for Projects Transit Center $ 3,200,000 BOS FTA Discretionary Bus Stops $ 218,000 BOS ARRA ADA Improvements $ 200,000 City of Rosemead Safe Routes to School Citywide SRTS $ 490,000 HSIP Rosemead Boulevard $ 420,000 HSIP Walnut Grove $ 390,000 SRTS South Rosemead $ 320,000 TOTAL FUNDING ACQUISITIONS: $64,438,000 171 Page Evan Brooks Associates: Planning Consultants REFERENCES 1) City of EI Monte James Enriquez, P.E., Director of Public Works 1333 Valley Blvd. EI Monte, CA 91731 (626)580-2090 Work Performed: Bus rapid transit operations and funding study, government relations and coordination, grants acquisition and management, design engineering, traffic impact analysis 2) City of Redondo Beach Joyce Rooney, Manager of Harbor, Business and Transit 415 Diamond Street, Redondo Beach, CA 90277 (310) 318-0631 Work Performed: FTA grants administration and coordination, FTA federal audit preparation and administration, transit center grants acquisition, federal bus purchase coordination, transit system funding analysis and administration. 3) City of Inglewood Glen Kau, P.E., PW Director/City Engineer 1 Manchester Blvd., Inglewood, CA 90301 (310) 412-5333 Work Performed: FHWA funding administration, California Transportation Commission funds approval administration and strategic plan, federal bus purchase coordination, traffic modeling and analysis. 4) City of Azusa, Tito Haes, Director of Public Works 809 N. Angeleno Ave. Azusa, CA 91702 (626) 812-5254 Work Performed: Transit center funding plan, federal bus purchase coordination, traffic modeling and analysis. 5) City of Baldwin Park William Galvez, P.E., Public Works Director 14403 East Pacific Avenue, Baldwin Park, CA 91706, (626) 813-3260 Work Performed: Transit center funding plan, federal bus purchase coordination, traffic modeling and analysis. 181Page Evan Brooks Associates: Planning Consultants 7) City of Pomona Daryl Grigsby, P.E., Public Works Director 505 South Garey Ave. Pomona, CA 91766 (909) 620-2261 Work Performed: SR71/Mission strategic funding plan, coordination, Call for Projects administration, Caltrans E76 Assistance coordination, Caltrans Project Report assistance, Transportation Plan Government Relations support. 191 Page CTC TCRP funding obligation and Local Metro Long Range Evan Brooks Associates: Planning Consultants �.. ,@TA 'a Our service approach is to provide proactive management to control every aspect of a project to identify potential issues and problems in advance and take corrective actions before they become problems. This requires extensive hands-on knowledge, experience and management skills of the people involved. Our team members have extensive experience and proven track record in managing such complex projects and bringing them to a completion on time and budget. The key to our approach is the understanding and recognition of transportation and traffic issues and developing strategic solutions and recommendations to resolving those issues. EBA understands the process involved in managing and administering advisory or policy making bodies. Our team has more than eight years experience and expertise in the management of local agency commissions and committees. We recognize the importance of maintaining an effective commission. We will utilize our multidisciplinary team to effectively work with the Commission and staff to develop sound and achievable goals and objectives to initiate progress. Our team has the quality and resources to effectively maintain a high level of support, participation and strategic planning to service the Commission and City staff. CONTRACT TASKS AND ASSIGNMENTS Traffic Commission Administration and Management The project manager will maintain regular meeting sessions with City staff and Commission Chair to ensure clear communications with expected goals and activities are achieved. EBA will hold an initial kick off meeting with City staff to strategize effective management of Commission activities as well as additional work to be performed. An introductory meeting will follow with all the Commissioners to discuss expectations of staff to address issues and opportunities. • Provide monthly administration of Traffic Commission • Provide monthly or as -needed agenda setting meetings with Chair and staff • Develop annual goals and objectives for Traffic Commission • Provide as -needed briefings with staff and individual commissioners and council members • Document monthly activities and project status • Attend monthly Commission meetings 20 1 Page Evan Brooks Associates: Planning Consultants • Prepare agendas, presentations, minutes and status reports for Commission meetings • Schedule annual schedule of meetings, events, conferences, conventions for Commissioners • Develop ad hoc committees for special studies and issues • Develop and coordinate special studies and tasks as requested by staff and Commission Anticipated Monthly Level of Effort: 20-24 hours per month Special Projects and Assignments Public Works Director and Principal Contract Consultant shall base special Projects and Assignments for Public Works Department on a special assignment task order of which the budget will be agreed upon prior to approving a Purchase Order. Special project may include, but are not limited to: • Traffic Calming Study and Administration • Traffic Impact Studies • Bicycle/Pedestrian Master Plan • Transit Grants Administration and Acquisitions • Public Works Grants Administration and Acquisitions • Roadway/Sidewalk Design Engineering • Capital Improvement Program • Geographic Information System • Government Relations/Community Outreach Anticipated Monthly Level of Effort: Varies by assignment. Each assignment will be tasked with an approved Purchase Order. 211Page Evan Brooks Associates: Planning Consultants The following pages contain EBA's current billing rates (effective for one-year during the period January 1, 2011 to December 31, 2011) and key client references. EvanBrooksAssociates Planning Consultants STANDARD HOURLY RATES Effective July 1, 2010 through June 30, 2011 Classification Hourly Rate Principal in Charge/Project Manager $150 Project Engineer (Traffic & Civil) $140 Assistant Project Manager $120 Transportation/Traffic Planner $100 Federal/State Aid Specialist $100 CADD/GIS Specialist $95 Technical Analyst/Planner $85 Administrative Analyst $45 Reimbursable direct expenses are billed at cost plus 10% for administration fee. EBA understands the importance of providing services that can respond to the Client's needs based on work load and demand by adjusting level of staffing as necessary, and provide the services in an efficient and cost effective manner without sacrificing the quality and responsiveness. Responsiveness is an integral part of EBA's "customer friendly" service approach. While our service is always on an "as needed" basis, our responsiveness is on "full-time" basis. Our approach is to provide as needed services with a full-time responsiveness approach. RECOMMENDED ANNUAL BUDGET FOR THE ON-CALL TRANSPORTATION AND GRANTS MANAGEMENT SERVICES Transportation Management Services -Commission: $35,000 Grants Service Assignments and Other Tasks On -Call: $40,000 Total Annual Budget: Not to Exceed $75,000 221 Page Client#: 585636 EVANBROO ACORD. CERTIFICATE OF LIABILITY INSURANCEG3/03/201� R TYPE OF INSURANCE 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 Ileu of such endorsement(s). PRODUCER Hub International HUB Int'I Insurance Serv. Inc. 40 East Alamar Avenue UUNIAGI NAME: _ PHONE FAX AIC No Ext : AIC, No : - L ADDRESS: 12/20/2011 Santa Barbara, CA 93105 CUSTOMER ID #: INSURERB)AFFORDINGCOVERAGE NAIC# INSURED INSURER A: Sentinel Insurance Company Ltd 11000 Evan Brooks Associates, Inc. 50 S. Delacey Ave #100 Pasadena, CA 91105 INSURERS: INSURERS: $ A INSURER D: INSURER E: INSURER F: 12/20/2010 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 SEEN REDUCED BY PAID CLAIMS. R TYPE OF INSURANCE D POLICY NUMBER POLICY EFF MMIDO POLICY EXP MMIDD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ®OCCUR 72SBAZB5496 12/20/2010 12/20/2011 EACHOCCURRENCE $1,000000 PREMISES Ea occuoenoa $1,000,000 MED EXP (Any ane person) $10,000 PERSONAL S ADV INJURY $1,000,000 GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOCI PRODUCTS-COMP/OP AGG $2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNEDAUTOS 72SBAZB5496 12/20/2010 12/20/2011 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA CIAO EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONSbelo,e NIA WC STATU- OTH- ER E.L. EACH ACCIDENT $ EL. DISEASE -I EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ A ProfessionalLiab 105554914 1/20/2011 01/20/201 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace Is required) Certificate holder is named as additional insured under the general liability policy. City of Rosemead 8838 E. 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. 01099.9nAQ ACnRn rnPPOPATInM All ri.htac menrvnd. ACORD 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD #S7093841/M1057274 JJ44 E M F S O all 9 �OOR'ORATED 1059 PROFESSIONAL SERVICES AGREEMENT GRANT MANAGEMENT CONSULTING SERVICES FEDERAL SAFE ROUTES TO SCHOOL, CYCLE 3 (EvanBrooks Associates) PARTIES AND DATE. This Agreement is made and entered into this -4L day of � 20�k by and between the City of Rosemead, a municipal organization organized lJnder the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and EvanBrooks Associates. with its principal place of business at 50 South DeLacey Avenue, Suite 100, Pasadena, CA 91105, ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing grant acquisition/ management 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 services which include the following: Development and completion of Safe Routes to Schools federal grant application, development of strategies for the program and provision of consulting support ("Project"), also referred to as "Services" as set forth in this Agreement (See Attached Consultant's Proposal, Exhibit "A") EvanBrooks Associates Page 2 of 10 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 professional services necessary for the Project: grant acquisition and management consulting under the Federal Safe Route to School (SRTS), Cycle 3. 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 June 10, 2011 to August 31, 2011, 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. EvanBrooks Associates Page 3 of 10 3.2.4 Substitution of Key Personnel: Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative: The City hereby designates the Public Works Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative: Consultant will designate 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 EvanBrooks Associates Page 4 of 10 requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain priorto the beginning of and forthe duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 . Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed Five Thousand Dollars ($5,000.00). Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment and Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work' means any work which is determined by City to be necessary for the proper completion of the Project, but EvanBrooks Associates Page 5 of 10 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 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. EvanBrooks Associates 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: EvanBrooks Associates 50 South DeLacey Avenue, Suite 100 Pasadena, CA 91105 Attn: Hal Suetsugu, Vice Principal Phone: (818) 521-9947 Fax: (888) 421-8798 CITY: City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Farid Hentabli, Public Works Manager Phone: (626) 569-2191 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. EvanBrooks Associates Page 7 of 10 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification: To the fullest extent permitted 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. EvanBrooks Associates Page 8 of 10 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5. 10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project.. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 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 EvanBrooks Associates Page 9 of 10 employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees orsubconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required understate law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee 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] EvanBrooks Associates Page 10 of 10 CITY OF ROSEMEAD By:. Chris Marcarello Date Director of Public Works Attest: \J� )Aas-C6 Gloria Molleda City Clerk ASSOCIATES me: is Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] 0 Name: Title EXHIBIT A SCOPE OF SERVICES SEE ATTACHED CONSULTANT'S PROPOSAL A-1 REQUEST FOR QUOTE CITY OF ROSEMEAD PROPOSAL FOR PREPARATION OF FEDERAL SAFE ROUTES TO SCHOOL FUNDING APPLICATION EvanBrooksAssociates Planning Consultants a California corporation a Disadvantage Business Enterprise 50 South DeLacey Avenue Suite 100 Pasadena, CA 91105 Tel: 818-521-9947, Fax: 888-421-8798 Contact Person: Hal Suetsugu, Vice Principal hal@§tbpp!q_RniDg.com- REQUEST FOR QUOTE SRTS Grant Application Services June 7. 2011 Mr. Farid Hentabli Senior Management Analyst Rosemead City Hall 8838 East Valley Boulevard Rosemead, CA 91770 Subject: PROPOSAL FOR PREPARATION OF FEDERAL SAFE ROUTES TO SCHOOL (SRTS) FUNDING APPLICATION — SCHOOL AND PEDESTRIAN SAFETY IMPROVEMENTS Dear Mr. Hentabli: Per your request, we are submitting this proposal for your approval for the preparation of funding application under the Federal Safe Routes to Schools (SRTS) program for Pedestrian and Traffic Safety Improvements within the northwest portion of the City of Rosemead. Funding for this Cycle 3 SRTS program is aimed at reducing injuries and fatalities through 1) capital (engineering) projects that improve safety for children in grades K-8 who walk or bicycle to school and through 2) non -infrastructure projects that incorporate the three "E"s: education, encouragement, and enforcement activities that are intended to change community behavior, attitudes, and social norms to increase the numbers of children walking and bicycling to school. The Cycle 3 SRTS grant applications are due on July 15, 2011. There are approximately $42 million set aside for this Cycle 3 SRTS program. We are aware that the projects can be either infrastructure (up to $1.0 million funding) or non -infrastructure (up to $500,000) projects without any local match requirements. Under the Caltrans SRTS Guidelines, capital projects must fall under the categories of pedestrian facilities, traffic calming measures, installation of traffic control devices, construction of bicycle facilities, and public outreach/education/enforcement. In addition, up to 10 percent of the construction cost can fund an education/encouragement/enforcement element in an infrastructure project. Stand alone non -infrastructure projects can include: conducting SRTS workshops, walkability audits, conducting student assemblies for pedestrian and bicycle safety, and developing walking school bus or bicycle train programs. Additional infrastructure and non -infrastructure projects may be eligible with advisement from Caltrans staff. All project expenses that exceed the maximum federal reimbursement amount will be the responsibility of the project sponsor and will not be eligible for reimbursement. The actual EvanBrooksAssaciates: Planning Consultants 12 REQUEST FOR QUOTE SRTS Grant Application Services project reimbursement ratio will be determined when the Federal Highway Administration (FHWA) approves the "Request for Authorization (RFA) to Proceed". We have prepared a number of SRTS and other federal and state funded applications, and obtained over $24 million in State and Federal (SR2S/SRTS) Safe Routes to Schools, Bicycle Transportation Account (BTA) and Highway Safety Improvement Program (HSIP) funds for various projects for our client cities. The scope of work and technical requirements for SRTS applications are extensive and require several supporting studies, counts, planning level project design concept and cost estimates. Based on the published application requirements, Evan BrooksAssociates: Planning Consultants (EBA) will prepare applications for each SRTS project and/or location. It is our understanding that the City has determined a need for safety improvements within the northwest section of the City. The project description and locations of the SRTS improvements are as follows: Walnut Grove Avenue (between 1-10 Freeway and Mission Drive) • Installation of traffic safety medians and pedestrian lighting to improve pedestrian and vehicular safety along Walnut Grove Avenue; and • Installation of traffic signal upgrades along Walnut Grove Avenue at the intersections of Marshall Street, Valley Boulevard, Edmonds Drive and Mission Drive (countdown pedestrian signals, larger traffic signal heads, high visibility pedestrian crossing striping, improved pedestrian lighting, and larger, high visibility safety signage). Emma W. Shuey and Mildred B. Janson Elementary Schools • Installation of high visibility pedestrian/school zone signage, high visibility crosswalk/traffic striping, sidewalks, pedestrian lighting and speed feedback signs adjacent to both elementary schools. This SRTS Safety Improvement Project will include the following grant preparation and project management components: Planning tasks include: meetings with Caltrans, City and School district staff, initial community meeting, development of recommended safety improvement (infrastructure and non -infrastructure) features, planning strategies, mapping, data collection and analysis, program development, application development and support letters acquisition. Planning tasks not to exceed $5,000. Based on our experience in preparing a number of SRTS applications, the level of effort for an application is not to exceed $5,000. Evan BrooksAssociates: Planning Consultants 13 REQUEST FOR QUOTE SRTS Grant Application Services Our firm works closely 'with safety engineers and Caltrans/Metro staff in developing safety features for school and pedestrian projects and we can provide this level of expertise when developing the City's applications. Upon your approval, questions or need add 50 South Delacy Avenue Pasadena, CA 91105 818.521.9947 will proceed, with the application preparation. If you have any ll information, please contact the undersigned. ic. 100 For performing all services pursuant to the above Grant Writing Services component. Contract period for this SRTS Grant Writing Service is from June 10 to July, 31, 2011. Compensation is at a rate not to exceed 1$5,000. The funding for this service is Proposition A/C and Measure R eligible as well as SCAQMD AB 2766 eligible. City of Rosemead Title EvanBrooksAssociates: Planning Consultants 14 cru I v r y .e a l l y Lc_`.!" 2:'?,'yatia`' .\::'+•'•: i Visibility •'��.._ 4t ' W Improved Larger Stop Signs Improved School Safety Sigr I roved Intersection Lighti nents 1T Una, "A db 9 Ped A �yY,try�y XRm p i w c .�. w• t :'- sk'+ + 'tf }. At 'C•- a �P`,{y'"%e!�t1,, -7-10,7 IT, q rte` if1..+�' ! . , :. 1 a�..j„ t y��-e- °xg✓ � �f(,S�,an ,2�4Ly' ;:A t.. High Visibility Cross) PUR improved Signal He� �rAr " 7 timproved Schoo Improved Intersecti j t ' r�wYad-R L.Al ! r+f a `iA �. - ,��,�y .p� t- • �'il F�^y'Y� V �� i `�5 � T�dU x4 W 4 y�`' �aJ.T ,,�.0L-11 +y Lifi _ A� f���'Sl .ice'• ae IfSAarm _ �EYe tlS- M ! e Wu-s'CizI Av_e. .. 061 Li 4 �H t • y '1 }� . Firm's Background, Qualification, and Experience EvanBrooksAssociates (EBA) provides transportation and community planning, design engineering, and project management services for public agencies to assist in achieving its desired capital program and project development goals. Our level of expertise includes motorized and non -motorized transportation impact and feasibility studies, bicycle and pedestrian linkage master planning, transit -oriented planning and design, transportation demand management strategies, federal aid processing, grants writing and funding administration, capital planning and development, legislative and government outreach/relations management. EBA processes and maintains more than 20 state and federal grants yearly; grant sources include SAFETEA-LU, TCSP, TCRP, TEA21, ISTEA, SRTS/SR2S, HSIP, including other grants such as Metro Call for Projects, Community Development Block Grants, TDA3, TDA4, FTA 5307/5309/5310, AQMD MSRC/AB2766, Metro Prop A and C, Measure R funds administration. We specialize in managing and administering regional, state and federal grant funds and we understand the resources needed in order to obligate State and Federal funds, as well as maintaining and administering those funding sources from obligation to final closeouts. We have provided several agencies with grants management and funds administration services to include processing SCAG's Transportation Improvement Program approval to Caltrans Request for Authorization of Federal funding to final Metro, FHWA and FTA Audit Closeouts. Additionally, we are well equipped to handle any aspects of planning in the transportation field including specialty tasks such as transportation planning studies, transit operations analysis, labor and environmental compliance with state and federal funding and state and federal audit preparation and reporting requirements. EBA has facilitated funding applications that consistently ranked in the top 10 of the approved projects list. In the most recent Los Angeles County Metropolitan Transportation Authority (MTA)'s Call for Projects, EBA obtained over $27 million approved budget for our client's projects including those in the Cities of Alhambra, Arcadia, Azusa, Baldwin Park, Bellflower, Carson, Hermosa Beach, Inglewood, Lawndale, Monrovia, Pomona, Rosemead, and San Juan Capistrano. In addition, EBA also has community development planning, civil engineering, traffic and transportation planning resources to facilitate an integrated project design and implementation. Currently, our Transportation Planning Team has over 17 years of Regional, State and Federal planning experience and actively maintains over 12 local jurisdictional clients in Los Angeles County. EBA has worked with over 50 clients through our distinguished team that has a broad mix of multi -disciplinary expertise that includes Community and Transit Planning, Design Engineering, Government/Community Outreach and Legislative/Financial Analysis. We are highly experienced in projects and programs involving Traffic, Transportation, Transit and Land Use, and boast a proven track record in Project, Program, and Construction Management. Combined with specific service offerings like: ' Government Relations, Transit -Oriented REQUEST FOR QUOTE SRTS Grant Application Services Development, Community Outreach, Legislative Analysis, Transportation/Transit Planning and Funds Management, makes EBA the superior solution. Evan BrooksAssociates brings together a select group of career professionals with both specific technical expertises in particular areas while also having experience in complex, broad, public decision-making processes. Each professional has both public sector and private sector experience and also has hands-on experience working with community organizations and elected officials. EBA currently provides grant support and transportation funds monitoring services to a number of jurisdictions including approximately 15 cities in Los Angeles County. Our extensive experience will be utilized to assist in federal, state and regional grant applications and federally funded project management and programming. In addition, our experience in managing numerous projects under HUD/CDBG, FTA, DOT, FHWA Federal requirements will be utilized in managing the City's grants and funding requirements. EBA has assisted several client agencies in securing regional, state and federal funds from various programs such as the following: • Call for Projects by the County's Transportation Authority • Local Return Funds • SAFETEA-LU (Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy for Users) • Federal Toll Credit Obligations • Federal Appropriations strategic funding assistance • TCRP (Traffic Congestion Relief Program) • TDA 3 (Transportation Development Act - Article 3) • CMP (Congestion Management Program) • HSIP (Highway Safety Improvement Project) • STP -L (Surface Transportation Program - Local) • SRTS ) SR2S (Safe Routes to Schools) • AQMD AB2766 (Southern California Air Quality Management District) • Prop 1B TLSP (Traffic Light Synchronization Program) • HCD Prop 1C • FTA 5307/5309 Discretionary • SCAQMD MSRC (Mobile Resource air pollution Reduction Committee funding) • Prop 84 Sustainability grants • HUD CDBG (Community Development Block Grants) • Metro/Caltrans BTA (Bicycle Transportation Account) EvanBrooksAssociates: Planning Consultants 18 REQUEST FOR QUOTE SRTS Grant Application Services EvanBrooksAssociates Team Organization 1 1 OF POMONA rojeet Manager i PR0" " TECHNIrJYLRESEARC+I PLANNING MANAGER ANALYST Fiona Diaz Mindy i3eili EvanBrooksAssociates: Planning Consultants 19 REQUEST FOR QUOTE SRTS Grant Application Services SUMMARY OF SUCCESSFUL GRANT APPLICATIONS Aeencv Grant Program Project Grant Amount 2007 to 2011) City of Alhambra Metro Call for Projects Valley Blvd. $ 1,500,000 Safe Routes to Schools Commonwealth $ 250,000 Safe Routes to Schools Alhambra High $ 320,000 Highway Safety Valley Blvd. $ 500,000 AQMD CMAQ CNG Refueling $ 300,000 Metro Mini Call Bus Purchases $ 400,000 Energy CEC LED Signal Upgrade $ 950,000 City of Arcadia Metro Call for Projects Huntington Dr. $ 1,010,000 City of Azusa Metro Call for Projects Transit Center $ 4,200,000 Metro Call for Projects TEA Azusa Ave. $ 800,000 City of Baldwin Park Metro Mini Call Bus Purchases $ 400,000 Metro Call for Projects Transit Center $ 4,200,000 Metro Call for Projects TDM Project $ 300,000 Metro Call for Projects Baldwin Bikeway $ 400,000 Metro Call for Projects Metrolink Overpass $ 1,100,000 City of Bellflower Safe Routes to School Palm/Clark $ 320,000 Safe Routes to School Eucalyptus $ 430,000 HSIP-Bellflower Boulevard $ 890,000 City of Carson Metro Call for Projects Avalon RSTI $ 6,700,000 City of Inglewood Metro Call for Projects La Brea S Curve $ 6,300,000 Metro Call for Projects Century RSTI $ 3,200,000 Metro Call for Projects Florence RSTI $ 2,400,000 Safe Routes to School Ivy Sidewalk $ 230,000 Highway Safety Manchester $ 180,000 HSIP Crenshaw S Curve $ 235,000 SRTS La Tijera Safety Improvements $ 325,000 SCAG La Cienega Corridor Study $ 250,000 Energy CEC Street Lighting $ 650,000 City of Lawndale Call for Projects Inglewood/Marine $ 1,019,000 Highway Safety Mansel/Marine $ 240,000 City of Pomona Call for Projects SR71/Mission Blvd. $ 3,100,000 CTC TCRP SR71/Mission Blvd. $16,400,000 City of Redondo Beach Call for Projects Transit Center $ 3,200,000 BOS FTA Discretionary Bus Stops $ 218,000 BOS ARRA ADA Improvements $ 200,000, City of Rosemead Safe Routes to School Citywide SRTS $ 490,000 HSIP Rosemead Boulevard $ 420,000 HSIP Walnut Grove $ 390,000 SRTS South Rosemead $ 320,000 TOTAL FUNDING ACQUISITIONS: $64,438,000 Evan BrooksAssociates: Planning Consultants I io REQUEST FOR QUOTE SRTS Grant Application Services Billing Rates The following pages contain EBA's current billing rates (effective for one-year during the period January 1, 2011 to December 31, 2011) and key client references. Classification Hourly Rate Principal Funds Manager (Contract Mgr) $140 Government Outreach/Legislative Analyst $140 Project Planning Manager $120 Federal Compliance/Environmental Analyst $110 Grants Research Analyst $65 Community Outreach Planner $65 Administrative Assistant $45 Reimbursable direct expenses are billed at cost plus 10% for administrative fee EvanBrooksAssociates: Planning Consultants I ii REQUEST FOR QUOTE SRTS Grant Application Services Relevant Experiences and References The following references represent selected recent related experience and are ranked according to their similarity to the work requested in the City of Rosemead. 1) Ramona Boulevard Transportation Study, City of EI Monte Project Study Report Cost:. $60,000 Completed: December 2010 James Enriquez, P.E., Director of Public Works (626) 580-2090 Work Performed: Bus rapid transit operations and funding study, government relations and coordination, grants acquisition and management, design engineering, traffic impact analysis 2) Federal Aid Grants Management, City of Baldwin Park Contract Cost: $98,000 Completed: September 2010 William Galvez, P.E., Public Works Director (626) 813-3260 Work Performed: Transit center funding plan, federal bus purchase coordination, federal aid obligation and processing, traffic modeling and analysis. 3) On -Call Grants Manager, City of Rosemead Contract Cost: $30,000 Completed: Current Chris Marcarello, Public Works Director (626) 569-2153 Work Performed: Metro Call for Projects grant application, SRTS sidewalk and bulb out construction, traffic signal and LT safety review, intersection safety study, SRTS Citywide safety improvements, school signing and crosswalk request. 4) Transportation Manager, City of Inglewood Contract Cost: $98,000 Completed: October 2010 Glen Kau, P.E., Public Works Director/City Engineer (310) 412-5333 Work Performed: SAFETEA-LU La Brea Ave, ARRA Manchester, DEMO TEA21 La Brea S Curve, TCSP La Brea, HSIP Crenshaw S Curve, SRTS sidewalk and bulb out construction, traffic signal and pedestrian safety review, intersection safety study, SRTS Citywide safety improvements, school signing and crosswalk request, Metro Local Return administration and coordination. EvanBrooksAssociates: Planning Consultants 1 12 PROJECT PERSONNEL'S PROJECT SPECIFIC RESUMES The following pages contain project specific resumes of the project personnel. The project key personnel are comprised of the following team members: • Hal Suetsugu, Project Principal/Contract Principal • Fiona Diaz, Project Planning Manager • Juliet Arroyo, Transportation/Environmental Planner • Mindy Belli, Technical Research Analyst • Melissa Sandoval, Administrative Assistant HAL SUETSUGU Project Principal/Contract Manager EDUCATION • Master of Arts in Urban Planning, School of Architecture and Urban Planning, University of California, Los Angeles • Graduate Studies in Geography/Urban Studies, School of Natural and Social Sciences, California State University, Los Angeles • Bachelor of Arts in Geography, minor in Business, School of Natural and Social Sciences, California State University, Los Angeles HIGHLIGHTS • Specialist in Grant Writing and Grant Management. • Recent MTA Call for Projects applications in Regional Surface Transportation Improvements Category ranked in the top 10, and resulted in $19,805,000 funding for EBA's client cities. • Recent HSIP applications resulted in approx. $20,000,000 funding for various client cities. REQUEST FOR QUOTE SRTS Grant Application Services Mr. Suetsugu has 20 years experience in transit and transportation projects, urban planning, legislative policy planning, grants management, funding and program and project management, public and community relations, public and private sector contracts administration, federal, state and regional agency liaison, customer relations and organizational and intergovernmental coordination. He managed transportation projects and administering public and private contracts; supporting local agencies on grants management and administration activities; developing and maintaining interagency coordination; and "supervising technical and administrative staff. He has extensive experience in federal funding programs, and fund management. His experience includes working for Los Angeles County Metropolitan Transportation Authority as federal funding program coordinator. He has extensive experience . in working with State of California Department of Transportation (Caltrans) and Federal Highway Administration (FHWA), including Caltrans/FHWA headquarters in Sacramento. EvanBrooks Associates, Vice Principal • Mr. Suetsugu is responsible for managing and coordinating federally funded transportation projects and contracts. • Specialist in Grant Writing and Grant Management. In the recent 2009 MTA Call for Projects, he prepared funding applications in Regional Surface Transportation Improvements Category for EBA's client cities, receiving funding from the MTA. The total cost for these 8 projects is $23,805,000. Transtech Engineers, Vice President, Transportation Planning • Responsible for managing and coordinating transportation planning and project management administration for local agencies throughout Los Angeles County; • Provided transportation and transit analysis and management assistance to local cities and prime consultants; • Coordinated community outreach and government relations activities; • Performed federal, state and local grants funding assistance and grants requirements assistance; • Coordinated planning efforts and project management activities between clients and federal/state/regional agencies; • Developed resolutions, ordinances and memorandums of understanding; and • Presented findings and recommendations to city commissions, EvanBrooksAssociates: Planning Consultants 12 REQUEST FOR QUOTE SRTS Grant Application Services city councils, agency staff, and community leaders. City of South Pasadena, Transportation Manager • Managed City's Transportation Program and projects. • Managed the City's Transportation Commission and Design Advisory Group. • Provided project management oversight for the SR710 Tunnel Study and Environmental Assessment. • Successful in coordinating efforts for the federal obligations of the Rogan transportation funds programming. • Coordinated Community Outreach for the Orange Grove Transportation Improvement project. • Lead contact for FHWA, CTC, Caltrans, MTA and AQMD issues. L A County Metropolitan Transportation Authority, Senior Legislative Analyst • Managed and coordinated transportation planning and project management administration for local agencies. Managed the Regional Surface Transportation Program (RSTP) and the State Transportation Improvement Program (STIP). • Liaison between MTA and Caltrans Headquarters, FHWA and California Transportation Commission on funding issues. • Represented MTA on local, state, and federal funding policies. Provided technical and policy support to local agencies. �� EvanBrooksAssociates: Planning Consultants 13 REQUEST FOR QUOTE SRTS Grant Application Services FIONA F. DIAZ Project Planning Manager Community/Transportation Planning EDUCATION Ms. Diaz possesses more than 13 years of professional experience in the areas of urban planning, transportation planning, and high-density transit - Master of Real Estate oriented development. Development, 2006 University of Southern PROFESSIONAL EXPERIENCE California Bachelor of Arts, EvanBrooks Associate, Project and Program Manager Environmental Policy and Consulted City Managers regarding real estate development and land use Planning, 1996 policies. University of California Facilitated funds management and governmental grants for several Santa Cruz jurisdictions totaling over $20 million dollars. Completed transportation planning studies for numerous jurisdictions. Managed transportation program for City of Redondo Beach. JSM Capital Inc., Development/Construction Manager Managed several high-density mixed-use development projects valued over $300 million. Led projects through entitlement process to building permits and construction. Coordinated design and pre -development activities of mixed-use development projects. Managed consultants and trades and facilitate contracts and budgets. Performed construction management and quality control to deliver projects to achieve schedule, budget & profit targets. LENNAR Corporation, Community Development Manager Managed high-density mixed-use development projects from acquisition to construction. Performed due diligence analysis, feasibility research and analyze financial pro -forma. Coordinated acquisition, product design, and entitlement process. Represented company to local jurisdictions and community groups. Metropolitan Transportation Authority, Project Manager Executed and managed major joint development projects on Metro station properties. Negotiated key business terms on joint development agreements valued over $200 million. Mediated between multiple institutional interests to secure agreements. Analyzed pro -forma spreadsheets for project feasibility. Developed Request for Proposals and performed developer selection. Novak + Associates, Inc., Land-Use/Urban Planner, Expedited land use entitlements for major development projects. EvanBrooksAssociates: Planning Consultants 14 REQUEST FOR QUOTE SRTS Grant Application Services Processed entitlement and building permit plan check approvals. Facilitated compliance with NEPA and CEQA requirements. Provided client representation before public entities. County of L.A. Dept. of Regional Planning, Land -Use Planner, Developed Land-Use/Transit Oriented Districts development program for the County of Los Angeles. Drafted technical information for zoning ordinances and development standards. Processed environmental documents including Initial Studies, Negative Dec, and EIR. Evan BrooksAssociates: Planning Consultants 15 REQUEST FOR QUOTE SRTS Grant Application Services JULIET ARROYO Senior Associate Planner Federal Compliance/Environmental Analyst EDUCATION PROFESSIONAL EXPERIENCE Master of Arts in Urban EVAN BROOKS ASSOCIATES, Senior Planning Associate Planning, University of Prepare transportation related reports, provide environmental California, Los Angeles review for transportation projects under Caltrans environmental regulations, CEQA, NEPA, and other local, State Bachelor of Arts in and Federal environmental requirements. Coordinate technical Geography, studies required for environmental review. Manage community California State University, outreach activities for proposed projects and studies. Prepare Fresno. historic resource technical studies for CEQA and Section 106 purposes. Coursework in Historic Preservation, University of LAUSD/QUESTA ENVIRONMENTAL, CEQA Project Manager and Southern California Peer Reviewer Managed the CEQA process for new school projects in the Central area of the Los Angeles Unified School District. Reviewed historic resource reports prepared by various consultants for new school and existing school projects throughout the District. Reports included historic resource assessments, mitigation measures, rehabilitation feasibility reports, and compliance with Secretary of the Interior's Standards and Guidelines. ARROYO RESOURCES, Historic Resources Consultant Provided historic resource consulting services to property owners and developers including historic nomination reports and historic resource assessment reports. Primary services included preparing intensive level historic resource assessments for individual properties and historic resource surveys for multiple property areas for CEQA purposes. CITY OF GLENDALE, Historic Preservation Specialist and CEQA Coordinator Served as the historic preservation specialist for the City of Glendale, California and coordinated the CEQA process for city and private projects. Duties included writing the demolition review ordinance for discretionary view of demolition proposals, writing the historic district ordinance for the city, assisting with the design guidelines for properties in historic districts, managing the activities of the historic preservation commission, helping to designate numerous private and public r EvanBrooksAssociates: Planning Consultants 16 REQUEST FOR QUOTE SRTS Grant Application Services properties through documentation and evaluation, managing the largest historic resource survey in the city containing over 500 properties, providing design review advice on rehabilitating older properties both listed and unlisted, activating and managing a Mills Act incentive program, developing various alternatives for a comprehensive citywide survey of historic resources, creating database of previously identified properties, conducting many community meetings with input from diverse groups with diverse interests, developing educational and community programs related to historic preservation, promoting historic preservations through events, printed materials, and video shows, coordinating with governmental agencies at the local, State and Federal levels, writing grant proposals receiving historic preservation funding, developing the city's first architectural style guide, providing staff training to other departments regarding historic preservation laws and policies, coordinating and processing projects in accordance with CEQA, and writing the local CEQA guidelines. KEYSER MARSTON ASSOCIATES, Redevelopment Senior Associate Provided technical, administrative, and advisory services to California Redevelopment Agencies. Advised clients on the legal requirementsof adopting, amending, and merging redevelopment plans. Worked extensively with city officials, consultants, and outside agencies. Work included analyzing local and regional conditions, reviewing redevelopment financing scenarios, writing multi -subject reports, managing the entire redevelopment process including CEQA processing and review of Environmental Impact Reports, creating and managing large databases, managing the formation and election of Project Area Committees including organizing on-going meetings, giving presentations at city council and community meetings, preparing agency board reports and ordinances. KATZ HOLLIS, Redevelopment Associate Managed the redevelopment plan adoption process in accordance with the requirements of the California Redevelopment Law. Work included preparing and monitoring complex schedules, preparing blight studies, writing reports, describing physical and economic conditions, assessing constraints to development, conducting fieldwork, rating building conditions, designing field survey materials, analyzing census and socioeconomic data. JONES & STOKES ASSOCIATES, Environmental Specialist EvanBrooksAssociates: Planning Consultants 17 REQUEST FOR QUOTE SRTS Grant Application Services Prepared environmental studies for various urban development projects throughout the State. Assignments included: land use impact analysis, socioeconomic impacts, evaluating public service delivery systems, assessing aesthetic impacts, writing sections of large multi -disciplinary Environmental Impact Reports, prepared Initial Studies and, Negative Declarations. Evan BrooksAssociates: Planning Consultants IS REQUEST FOR QUOTE SRTS Grant Application Services MINDY BELLI Planning Research Analyst EDUCATION PROFESSIONAL EXPERIENCE _ Bachelor of Science in Public Administration, California State university, EvanBrooks Associates Planning and Environmental. Dominguez Hills Experience includes; research analysis, assists with preparation of Grant applications, and provides publicity coordination for government or. private agencies. Projects include research and drafting of policies for municipal traffic calming and parking, writing newsletters for city residents, drafting a formal status report for a municipal transit service, drafting proposals and grant applications, writing invitations and press releases for events or meetings, assisting with events and meetings, writing a winning -application for the AQMD Model Community Award (2006). SMC Planning Services. Research and Identified transportation problems and needs for local agencies; provide data analysis and description of highway or other transportation needs; provide the analysis and evaluation of existing or proposed transportation services including programs, projects and policies; and develop and/or coordinate transportation plans or policies. Consilium Associates. Analyzed and summarized study data for government clients; drafted proposals for Requests (RFPs); advised staff programmers regarding content and navigation improvements for presenting data. Orange County Department of Education. Created promotional and press materials; managed event and workshop preparation and materials; drafted reports, assisted with study and questionnaire design. Automobile Club of Southern California. Researched and reported product usage, member demographics, industry, and consumer developments; assisted with survey research (questionnaire design and testing, sampling, data analysis, and reporting); produced reports, graphs, and maps including locations of demographics. EvanerooksAssociates: Planning Consultants 19 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance Commercial General Liability Insurance 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 primarycoverage 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 licensed 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. 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. IN 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. [E 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. 5 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. M9 Client#- 585636 FVANRROO ACORD... CERTIFICATE OF LIABILITY INSURANCE DATED/YWY) 3/033/20/2011 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 Hub International HUB Intl Insurance $e N. Inc. 40 East Alamar Avenue NAME: PHONE FAX A/C No Ext: INC.No: E-MAIL ADDRESS: GENERAL LIABILITY Santa Barbara, CA 93105 CUSTOMER ID a: INSURER(S) AFFORDING COVERAGE NAIC A INSURED Evan Brooks Associates, Inc. 50 S. Delacey Ave #100 INSURER A: Sentinel Insurance Company Ltd 11000 INSURER B: Pasadena, CA 91105 INSURER G INSURER D INSURER E PREMISES Ea occurrence) S1,000,000 INSURER F 0.AIM5-MADE � OCCUR 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. INR LTR TYPE OF INSURANCE %DDL NSR i POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMMO/YVYY LIMITS A GENERAL LIABILITY 72SBAZB5496 12/20/2010 12120/2011 EACHOCCURRENCE 51,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) S1,000,000 0.AIM5-MADE � OCCUR MED EXP (Any one person) $10,000 . PERSONAL B ADV INJURY $1,000,000 , GENERAL AGGREGATE I $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000 POLICY PRO- LOC S A AUTOMOBILE LIABILITY 72SBAZB5496 1212012010 12/20/2011 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO BODILY INJURY (Par parson) S ALL OWNED AUTOS BODILY INJURY (Par accident) $ SCHEDULED AUTOS HIRED AUTOS IXX j PROPERTY DAMAGE $ (Per accitlent) $ NON-OWNEDAUTOS S U MBRELLA UAB OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAR CLAIMS -MADE DEDUCTIBLE S S RETENTION 5 I WORKERS COMPENSATION WC STATU- OTH. PR AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVEE.L. OFFICERtMEMBER EXCLUDED? F--1 NIA EACH ACCIDENT E E.L. DISEASE - EA EMPLOYEE S (Mandatory in NH) N Yes. describe under DE SCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT I S A Professional Liab 105554914 1/20/2011 01120/201 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is named as additional insured under the general liability policy. City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 ACORD 25 (2009/09) 1 of 1 #S1093841/M1057274 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 reserved. The ACORD name and logo are registered marks of ACORD JJ44 CITY OF -r LA PROFESSIONAL -AGREEMENT WMETARD i " l i ' .. i . ' • i • 1. PARTIES AND DATE. rc� This Agreement is made and entered into this day of IU 1 vd 1 20V 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 Evan BrooksAssociates (EBA) with its principal place of business at 50 South DeLacy Avenue, #100, Pasadena, CA 91105, ("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 grant acquisition/ management 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 grants acquisition/ management support services under the MTA call for projects 2011 (`Project"), also referred to as "Services" as set forth in this Agreement. 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 services for the grant acquisition and management consulting under the MTA call for projects 2011 (Valley Boulevard Transit Corridor Improvement Projects) necessary for the Project, herein referred to as "Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated EBA Associates Page 2 of 10 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 December 2, 2010 to April 30, 2011, 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 Citythat certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. EBA Associates Page 3 of 10 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 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. EBA Associates 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 Fifteen Thousand Dollars ($ 15,000.00). Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment and Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (`Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an EBA Associates 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. 3.5.1 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: EBA Associates Page 6 of 10 CONSULTANT: Evan BrooksAssociates 50 South DeLacy Avenue, #100 Pasadena, CA 91105 Attn: Hal Suetsugu, Strategic Consultant Phone: (818)521-9947(C) Fax: (888)421-8798 CITY: City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Chris Marcarello, Director of Public Works Phone: (626) 569-2118 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 EBR Associates Page 7 of 10 generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification: To the fullest extent permitted bylaw, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, and Consultants arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official's officers, employees, agents, 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. EBA Associates Page 8 of 10 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicitor secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. EBA Associates 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. 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without priorwritten approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] EBA Associates Page 10 of 10 r JA All—red-, titykManager -�/21te Attest: oria Molleda, City Clerk Date Approved as to Form: Rachel H. HIChman City Attorney 0 Title: 1/1, 1 [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] 7 SEE ATTACHED CONSULTANT'S PROPOSAL A-1 EvanBrooksAssociates Grant Writing Services for MTA Call for Projects 2011 VALLEY BOULEVARD TRANSIT CORRIDOR IMPROVMENT PROJECT EvanBrooksAssociates:Planning Consultants December 2, 2010 Chris Marcarello Public Works Director City of Rosemead 8838 East Valley Boulevard Rosemead 91770 Subject: GRANT WRITING SERVICES PROPOSAL FOR THE VALLEY BOULEVARD TRANSIT CORRIDOR IMPROVEMENT PROJECT MTA CALL FOR PROJECTS 2011 Dear Mr. Marcarello: Evan Brooks Associate (EBA) is pleased to submit this proposal for Grant Writing Services for submission to the 2011 MTA Call for Projects for the proposed Valley Boulevard Transit Corridor Improvement Project under the Transit Capital Category. EBA is continually proud to be the lead, as well as team member, in the planning and development of large and complex projects - most involving federal and/or state funds. We have worked with over 50 clients and our distinguished team has a broad mix of multi- disciplinary expertise that includes Transportation and Transit Planning. We are highly experienced in projects and programs involving Transportation, Land Use and Environmental Planning. Combined with our experience in Transit -Oriented Development, Community Outreach, and Funds Management, makes EBA the superior solution. EBA will be responsible for all aspects of the project and deliver a complete project to the client on budget and time with minimal direction from and burden on client staff. The quality, accuracy and correctness of the products prepared and the services provided by our staff is the full responsibility of EBA. EBA has a proven track record in providing high quality program management services which result in minimal problems during implementation of projects. Our approach is to provide proactive management to control every aspect of a project in detail to identify potential issues and problems in advance and take corrective actions before they become problems. This requires extensive hands-on knowledge, experience and management skills of the people involved in managing and inspecting the project. Our team members have extensive experience and proven track record in managing such complex projects and bringing them to a completion on time and budget. 2(Page We have extensive experience in working with local jurisdictions. Our key staff members have served public agencies in various capacities including Transportation Manager, Federal Aid Administration, Capital Funds Management, Environmental Clearance Specialists, Labor Compliance Officer, Project Manager, Capital Planner, and Management Analyst. We are accustomed to working with governmental agencies in every facet of administration, community development, planning, finance, and public works, and our staff has an unparalleled understanding of public agency issues, procedures, and policies. Thank you for allowing EBA the opportunity to submit this proposal for your consideration. Should you have any questions, please contact me at your convenience. Sincerely, 50 South DeLacy Avenue, Suite 100 Pasadena, CA 91105 818-521-9947 Email contact: hal@ebaplanning.com 3 lFage _ _ m The City of Rosemead proposes to be the lead agency for this submittal for the 2011 MTA Call for Projects to fund the Valley Boulevard Transit Corridor Improvement Project, to improve bus stop amenities along Valley Boulevard between Walnut Grove on the west and Mission Road on the east. The Call for Projects implements policy objectives for the Transit Capital identified in MTA's adopted 2009 Metro Long Range Transportation Plan. The focus of the Transit Capital category is to achieve the following policy objectives: 1) Improve regional mobility 2) Improve air quality 3) Improve transit access 4) Integrate sustainability The Transit Capital Modal Category promotes transit mobility, air quality, transit access, and sustainability by funding regionally significant projects that either directly or indirectly increase transit use. This regionally significant project serves as a major east -west transit corridor through the San Gabriel Valley and major transfer points along this Valley Boulevard corridor. This funding opportunity aims at improving transit amenities along this transit corridor with enhanced bus benches, shelters and trash receptacles along with enhanced pedestrian lighting, landscaping and sidewalk improvements. Examples of projects, which directly improve transit use, include those which increase the frequency, capacity, speed, and/or schedule reliability of transit services. Examples of projects which indirectly increase transit use include enhanced access to transit systems and to facilitate transfers. In addition, the Transit Capital Modal Category seeks to promote improvements in cost -efficiency through reductions in operating and maintenance expenses, as well as fuel technology. Support of existing or proposed transit -oriented development projects are eligible when they meet project evaluation criteria contained in this application. Evan Brooks Associates (EBA) proposes to: ® Perform grant writing services for the MTA Call for Projects including performing data analyses, liaison with MTA staff, acquiring letters of support, and submitting final application documentation and required supporting documents. ® Develop Project Study Report Equivalent (PSRE) as part of submittal to satisfy Metro requirements. ® Incorporate additional statistical and engineering design materials to enhance application's competitiveness. 4 1 P a g e — We have extensive experience in working with local jurisdictions. Our key staff members have served public agencies in various capacities including Transportation Manager, Federal Aid Administration, Capital Funds Management, Environmental Clearance Specialists, Labor Compliance Officer, Project Manager, Capital Planner, and Management Analyst. We are accustomed to working with governmental agencies in every facet of administration, community development, planning, finance, and public works, and our staff has an unparalleled understanding of public agency issues, procedures, and policies. Key EBA project team members will attend periodic project progress meetings with client staff throughout the project duration. EBA will keep track of all directions given and commitments made. Our record keeping in this arena is unparalleled. Our systems are structured such that recall of critical information is available on a moment's notice. 51 Page RESOURCES The following EBA resources will be assigned to the research, analyze and develop the Call for Projects application submittal for the Valley Boulevard Transit Corridor Improvement Project: FIONA DIAZ, Project/Program Lead Education: MA, Real Estate Development, University of Southern California Ms. Diaz specializes in transit, transportation, urban planning and transit- oriented development, of which 6 years were with Metro managing Call for Projects program. She has recently conducted federal and regional audits for compliance and written federal and state grant proposals for over five client cities in the recent federal appropriations and regional Metro Call for Projects. HAL SUETSUGU, Project/Program Manager Education: MA, Urban Planning, University of California Los Angeles Mr. Suetsugu has over 19 years of experience in transportation planning and federal grants management and administration of which 10 years were with MTA supporting local agencies in transportation planning and administration. He served as the Transportation Manager for the City of South Pasadena and as Transportation Manager and Funding Program Coordinator at the MTA. He also served a variety of transportation and planning consulting firms. His experience includes transportation planning; urban transportation; federal grants processing and federal aid management; federal, state and regional agency liaison; supporting local agencies on transportation and city planning, grants management and administration activities; developing and maintaining interagency coordination; and supervising technical and administrative staff. LAWRENCE TORRES, Government Specialist Mr. Torres was the modal lead for Regional Transit Capital Call for Projects Program with responsibility for establishment of goals and objectives, rating criteria, selection of rating committee, review of applications, project selection and recommendation to the Board; principal lead manager for administration of Federal Section 5310 Elderly and Disabled Grant Program with responsibility for review of applications and project selection recommendation to Caltrans; negotiation and development of contracts with the City of Los 61 Page Angeles and County of Los Angeles for comprehensive Metro Rapid Bus Shelter program; principal lead manager of the Southeast Bus Restructuring Study which required development of scope of work, selection of consultant, establishment of project steering committee and project recommendations to the Board; oversee the development and processing of over 43 transit capital projects and assist local agencies with development of agreements, scope of work and financial plans. HINDI BELLI, Technical Analyst Education: BA Public Administration, Cal State University Dominguez Hills Ms. Belli is a research analyst and specializes in writing and preparing grant application and proposals. Her projects include research and drafting of policies for municipal agencies and developing policies for traffic calming and parking management, processing federal and state applications in accordance to established guidelines, drafting a formal status report for a municipal transit service, drafting proposals and grant applications, developing press releases for events or meetings, assisting local residents with application submittals and required documentations. Ms. Belli has also written award winning -application for the AQMD Model Community Award (2006). 70Page These services will be billed on an hourly basis shown below, not -to -exceed $15,000. Perform grant writing services for the MTA Call for Projects including performing data analyses, liaison with MTA staff, acquiring letters of support, and submitting final application documentation and required supporting documents. Cost not -to -exceed $6,000. Develop Project Study Report Equivalent (PSRE) as part of submittal to satisfy Metro requirements. Cost not -to -exceed $4,000. Incorporate additional statistical and engineering design materials to enhance application's competitiveness. Cost not to exceed $5,000. Evan BrooksAssociates Planning Consultants STANDARD HOURLY RATES Classification Hourly Rote Principal in Charge $150 Project Manager $120 Transportation Planner $120 CADD Designer $110 Technical Analyst/Planner $90 Administrative Analyst $65 Reimbursable direct expenses are billed at cost plus 10% for administration fee. EBA understands the importance of providing services that can respond to the Client's needs based on work load and demand by adjusting level of staffing as necessary, and provide the services in an efficient and cost effective manner without sacrificing the quality and responsiveness. Responsiveness is an integral part of EBA's "customer friendly" service approach. While our service is always on an "as needed" basis, our responsiveness is on "full- time" basis. Our approach is to provide as needed services with a full-time responsiveness approach. 81Page SUMMARY OF SUCCESSFUL GRANT APPLICATIONS Agency Grant Program Project Grant Amount: 2007 - 2010 City of Alhambra Metro Call for Projects Valley Blvd. Safe Routes to Schools Commonwealth Safe Routes to Schools Alhambra High Highway Safety Valley Blvd. AQMD CMAQ CNG Refueling Metro Mini Call Bus Purchases Energy CEC LED Signal Upgrade City of Arcadia Metro Call for Projects Huntington Dr. City of Azusa Metro Call for Projects Transit Center Metro Call for Projects TEA Azusa Ave. City of Baldwin Park Metro Mini Call Bus Purchases Metro Call for Projects Transit Center Metro Call for Projects TDM Project Metro Call for Projects Baldwin Bikeway Metro Call for Projects Metrolink Overpass City of Bellflower Safe Routes to School Palm/Clark Safe Routes to School Eucalyptus HSIP Bellflower Boulevard City of Carson Metro Call for Projects Avalon RSTI City of Commerce Safe Routes to School Citywide School Safety HSIP Washington Safety City of Inglewood Metro Call for Projects La Brea S Curve Metro Call for Projects Century RSTI Metro Call for Projects Florence RSTI Safe Routes to School Ivy Sidewalk Highway Safety Manchester Highway Safety Crenshaw Energy CEC Street Lighting City of Lawndale Metro Call for Projects Inglewood/Marine Highway Safety Mansel/Marine City of Pomona Metro Call for Projects SR71/Mission Blvd. City of Redondo Beach Metro Call for Projects Transit Center BOS FTA Discretionary Bus Stops BOS ARRA ADA Improvements City of Rosemead Safe Routes to School Citywide SRTS Safe Routes to School South Rosemead $1,500,000 $250,000 $320,000 $500,000 $300,000 $400,000 $950,000 $1,010,000 $4,200,000 $800,000 $400,000 $4,200,000 $300,000 $400,000 $1,100,000 $320,000 $430,000 $890,000 $6,700,000 $430,000 $320,000 $6,300,000 $3,200,000 $2,400,000 $230,000 $180,000 $243,000 $650,000 $1,019,000 $240,000 $3,200,000 $3,200,000 $218,000 $200,000 $490,000 $410,000 TOTALS MORE THAN $48,000,000 IN GRANTS ACQUISITIONS 91 Page IIS �'i�17_1 � [r3�7��1111:7 �I iriT�.i� 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. .91 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are licensed carriers in the state of California and with an A.M. Bests rating of A- orbetter and a minimum financial size 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: 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. 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 self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at anytime 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. 7 -OW 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or M Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. IMP PIS -40- 4R4929 FVAMRROn ACORD. CERTIFICATE OF LIABILITY INSURANCE D3/03/2017 �) 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 Hub International HUB Intl Insurance Serv. Inc. 40 East Alamar Avenue Santa Barbara, CA 93105 CONTACT NAME: PHONE FAX AIC No Ext: A/C, No): E-MAIL ADDRESS: PRODUCE CUSTOMER ID #: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Sentinel Insurance Company Ltd 11000 Evan Brooks Associates, Inc. 50 S. Delacey Ave #100 Pasadena, CA 91105 INSURER B INSURER C: INSURER D 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 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. INSR LTR TYPE OF INSURANCE kDDL3UBR NSR WO POLICY NUMBER POLICY EFF MM/DONYYY) POLICY EXP (MMIDDrffM LIMITS A GENERALUABILITY 72SBAZB5496 12/20/2010 12/20/2011 EACHOCCURRENCE $1,000,000 DAMAGETENIIEPREMISES En occurrence) $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F X1 OCCUR MED EXP (Any one person) $10,000 PERSONAL B ADV INJURY $1,006,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY 7 PRO LOC $ A AUTOMOBILE LIABILITY 72SBAZB5496 12/20/2010 12/20/2011 C a INEDt) SINGLE LIMIT $1,000,000 ANV AUTO BODILY INJURY (Per parson) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ $ X NON -OWNED AUTOS UMBRELLA LIAB 7 OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ Is RETENTION WORKERS COMPENSATION WC STATU- OTH- Y_LANY AND EMPLOYERS' LIABILITY YINITSER PROPRIETORIPARTNEWEXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Professional Liab 105554914 1/20/2011 01/20/2012 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is named as additional insured under the general liability policy. City of Rosemead 8838 E. 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. REPRESENTATIVE [01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1093841/M1057274 JJ44