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2200 - Kimley Horn and Associates, Inc. - Sewer System Comprehensive Study 06-14-2016 E M f Alik o t C17005 �RPOF4TE 0 PROFESSIONAL SERVICES AGREEMENT CITY OF ROSEMEAD'S SEWER SYSTEM COMPREHENSIVE STUDY (KIMLEY HORN AND ASSOCIATES, INC.) 1. PARTIES AND DATE. This Agreement is made and entered into this /9 day of -vrte_ , 20 /4 (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 Kimley Horn and Associates with its principal place of business at 21820 Burbank Boulevard, Suite 230, Woodland Hills, CA 91367 ("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 engineering services to public clients, is licensed in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional engineering services for the sewer system comprehensive study ("Project"), also referred to as"Services"as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services: Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment,services, and incidental and customary work necessary to fully and adequately supply the professional professional engineering services necessary for the Project, herein referred to as "Services". The Services are more KIMLEY HORN AND ASSOCIATES. INC. Page 2 of 10 particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term: The term of this Agreement shall be from the Effective Date shown above to December 31, 2016 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 Consultants conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements: All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel: Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Projector a threat to the safety of persons or property, shall be promptly removed from the KIMLEY HORN AND ASSOCIATES, INC. Page 3 of 10 Project by the Consultant at the request of the City. 3.2.5 City's Representative: The City hereby designates the City Engineer, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultants Representative: Consultant will designate a designee to act as its representative for the performance of this Agreement ("Consultant's Representative'). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the KIMLEY HORN AND ASSOCIATES, INC. Page 4 of 10 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 Ninety-Nine Thousand Eight Hundred Dollars ($ 99,800.00). Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment and Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any 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, KIMLEY HORN AND ASSOCIATES, INC. Page 5 of 10 and if the total compensation is$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: KIMLEY HORN AND ASSOCIATES, INC. Page 6 of 10 Kimley Horn and Associates, Inc. 21820 Burbank Boulevard, Suite 230 Woodland Hills, CA 91367 Attn: Jon Wakenhut, P.E. Phone: (714) 900-8400 CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Rafael Fajardo, P.E. — City Engineer Phone: (626) 569-2151 Fax: (626) 569-2303 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement("Documents& Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at anytime, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data,written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known,to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine,trade paper, newspaper,television KIMLEY HORN AND ASSOCIATES, INC. Page 7 of 10 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 by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees,volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, and Consultants arising out of or in connection with the performance of the Consultant's Services, including the payment of all consequential damages, expert witness fees, and reasonable attorney's 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, for which Consultant is required to indemnify, 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 to the extent covered by this indemnification. 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 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. Notwithstanding any other provisions of this agreement, the Consultant shall not have liability for or be deemed in breach because of delays caused by any factor outside of its reasonable control. Including but not limited to natural disaster, adverse weather, or act of the Client, third parties or governmental agencies. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. KIMLEY HORN AND ASSOCIATES, INC. Page8 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 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 KIMLEY HORN AND ASSOCIATES, INC. Page 9 of 10 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] • KIMLEY HORN AND ASSOCIATES, INC. Page 10 of 10 • CITY OF ROSEMEAD KIMLEY HORN AND ASSOCIATES,INC. By: i tQ .\3. 1e ay: 6_6_16 an R. +1..,s, City Manager Date U / Date Name: -3t4" $. cola Attest: A�J (n 13 Title: ISf \ is Qf Ctae.h'r City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED) By: 41 6-r, -iG Date ,.i I_ 4 /� I A'orn-yy ate Name: -,JON WAKE-K,M r Title: Arsc i;T, .gECf7CY$ Y KIMLEY HORN AND ASSOCIATES, INC. EXHIBIT A SCOPE OF SERVICES SEE REQUEST FOR PROPOSAL (RFP) AND CONSULTANT'S PROPOSAL A-1 N F ne t' - s 4 +rsrJ�j X Y Sewer System Comprehensive Study Prepared for Kimleyx> Horn Expect More Experience Better 17IWPW W," PROPOSAL FOR \ Sewer System -�� Comprehensive Study 4� March '0,2015 • 21820 Burbank Boulevard City of Rosemead Suite 230 Public Works Department Woodland Hills,California 91367 ACa.Rafael Fajardo,City Ergineer TEL 747-900 4400 8838 E.Valley Boulevard Rosemead,CA 91770 RE:Sewer System Comprehensive Study(REP No.201602-1) Dear Mr.Fajardo: Kimley-Horn provides the resources of an experienced and responsive consultant team to conduct a Sewer System Comprehensive Study for the City of Rosemead.Our team draws not only on our previous work on the City's Supplemental Sewer System Management Plan,but staff experience in providing sewer system planning and analysis using InfoSewer and other similar modeling programs on pro ects throughout California. Kimley-Horn is a multi-disciplinary engineering and planning firm with more than 2,500 staff in 80 offices nationwide,and ranked annually among the top engineering firms in the country by Engineering News-Record.In California,Kimley-Horn has 13 offices, including Mro in Los Angeles County,and an engineering and support staff of 350.We provide a wide range of engineering, planning,modeling,and design services for sewer,water,and stormwater projects,including system analysis,modeling,and CIP planning.With Kimley-Horn,you have the benefit of receiving the local knowledge and responsiveness of a small organization,backed by the depth of resources only a national firm can otter.Our team provides the following advantages to the City: Depth of Available Team Resources.Our combination of experienced in-house staff and specialized subconsultants allows us to provide a complete team to address all aspects of the project.Supporting Kimley-Horn's in-house expertise in hydraulic modeling and sewer system analysis are Willdan Financial Services for preparation of the Sewer Development Impact Fee and Utility Systems,Science and Software,Inc.for flow monitoring of the existing system.We have worked with each of these firms on previous similar projects,and each brings the resources and experience needed to successfully support the study. Experienced Project Management.Exceptional client service and quality projects don't happen by accident at Kimley-Horn.Our firm has a proven record of performing on time and within budget through an active project management system that emphasizes client communication and an effective use of staff and technical resources.As project manager,I bring 22 years of engineering experience in civil engineering and project management to the team,with ongoing involvement in the analysis and design of major infrastructure systems,including work in Los Angeles County, Technical Capabilities Support Project Success.Kimley-Horn has the in-house expertise needed for this project,including experience in providing system analysis and optimization using InfoSewer.We routinely use advanced hydraulic models to develop solutions that result in optimum sewer system design and performance. We appreciate your consideration of Kimley-Horn and we look forward to the opportunity to again work with The City of Rosemead. Please contact me at(747)900-8381 orjon.wakenhut©kimley-hom.com if you need any additional information regarding our proposal. Sincere , Me on Wakenhut,P.E. Protect Manager Kimley>»Horn • This page left intentionally blank r.... PROPOSAL FOR r �� Sewer System �` Comprehensive Study 4! Table of Contents r Nu, -r Ec itic ns and Experience 3 Firm Backt,rou,is • Su'000csr dent loam Members Protect Manager • Key learn Members Section 2- Scope and Approach 7 n Scope of.Services • Schedule Section 3- Proposed Fee 11 Section 4-Refcrcnces 13 Section 5- Professional Services Agreement Review.. 15 City of Rosemead 1 NVPL66001.16 I Kimley»>Horn This page Iefintentionally blank — _ PROPOSAL FOR - : Sewer System 1 Comprehensive Study ar eih Section 1 - Qualifications and Experience idad grow a-10 �2lmley-I lour and Associates,Inc.was founded in 1967 and is a full-service consulting firm offering comprehensive and innovative engineering,planning and environmental solutions for public clients throughout the United States.According to Engineering News- Record,the firm is ranked 33rd of the nation's top 300 design firms and 15th in the category of"pure design'firms.Nationwide, Kimley-Horn employs more than 2,500 professional,technical,and support personnel in 80 offices. California,Kimley-Horn has 350 stall in 13 offices,including two n Los Angeles County. Khrley-Nom's project managers are backed by the resources and talents of a nationally-ranked organization comprised of creative and results-oriented engineers,planners,environmental specialists,and technicians.With talented staff and experience throughout the region,our learn applies the latest technology and information to achieve successful results for our clients,Our proect managers serve as he primary liaison to clients,and lead our professional and technical staff in meeting the needs and expectations for each project. We provide our clients with the local knowledge and responsiveness of a small organization,backed by the depth of resources only a national firm could offer. Sewer System Modeling and Design Kimley-Horn has experience in all phases of project planning studies,design,and construction management of sewer and wastewater projects.Our work includes master planning and system modeling for municipalities and large scale land development projects,including analysis of pumping facilities,trunk sewers,and in-tract collection pipelines.We have a growing list of collection system concision assessment projects including hydraulic modeling, flow monitoring,infiltration and inflow assessments,smoke and dye testing,rehabilitation/replacement recommendation,capital improvement - J ✓ planning,master planning,'ate studies,pipe lining,pipe bursting,bypass s. . pumping,trenchless construction,lift station improvements,and odor and corrosion inspection and control.Firmwide,our staff has designed hundreds of miles of utility infrastructure ranging in size from 4 inches to _ " J 120 inches.These designs often have facilitated the extension of utility service to communities previously not served,exferided the life of existing - J infrastructure through rohabilitaton and/or repair,or provided new facilities J r to replace aging infrastructure. L Experience with Modeling Software �' J Kimley-Flom is experienced in using InfoSewer for the planning,design ann analysis of sewer collection systems,as well as the use of other sewer modeling software programs.InfoSewer is supported by Kimley-Horn's expertise in the use of ArcGlS,and well as other GIS applications,Additional programs used by Kimley-Horn for sewer system modeling include SewerCAD and XPSWMM,along with other specialized hydraulic modeling software and GIS programs for water and stormwater modeling. City of Rosemead I IV✓PL86091.16 a Kimley>>Horn PROPOSAL FOR Sewer System Comprehensive Study If Subz.i?T uitant Nan-) chile nbers Wildan Financial services WWI LLDAN Wllldan Financial Services is one of four operating divisions within Willdan Group,Inc. pa),which was founded in 1964 as an engineering firm working with local Financial Services government.Today,WGI is a publically-owned company providing technical and consulting services from offices nationwide,including 14 offices in California. Willdan Financial Services is one of Cie largest public sector financial consulting firms In the United States.Since 1988,they have assisted over 800 public agencies in successfully addressing a broad range of financial challenges,such as financing the costs of growth and generating revenues to fund desired services.Willdan has worked on virtually every aspect of municipal finance, including fiscal and economic impact studies related to development and re-organization,the financing of infrastructure and services through special district or supplemental taxes,and even working under contract as a department head of an entire municipality.This experience has provided Willdan team members with deep insight into the sources of municipal revenue and the costs of services. Utility Systems, Science and Software, Inc. .....� Utility Systems,Science and Software,Inc.(US3),was founded in 2002 as a specialty technical engineering service company.US3 engineers and technical personnel have applied advanced instrumentation system technology to water and waste water open channel Clow monitoring,pipeline evaluation,engineering and data analysis,all coupled with the power of the internet.This unique integrated systems approach allows the company to bring greater insight and intelligence gathering information about water and waste water system performance to clients.The firm is headquartered in Santa Ana,California,and has service and engineering facilities in San Diego,Sacramento,Salinas and Knoxville. K imley»>Horn 4 IWPL86007.16 I City of Rosemead PROPOSAL FOR { Sewer System Comprehensive Study 4! 1$ r+wject M nager Jon VVokenhut, PE. Jon Wakenhut has 22 yea's of experience in civil engineering and project management,with involvement in every aspect of the design process from studies and research to project management.He has conducted utftyy research and site planning,and prepared civil engineedng designs for site grading,storm sewer,sanitary sewer,water, and roadway projects.He has ongoing experience in managing projects in Los Angeles and Ventura Counties that include residential and commercial land development,as well as tentative and final mapping.He managed and prepared project scopes,proposals,budgets,design plans,specifications,encroachment permits,maps,legal descriptions,easements ano construction inspections.Jon also maximized resources to achieve client and agency satistactlon and increased productivity to meet deadlines and goals.Jon is a registered Civil Ergneer in California(C81444). Key Team Members Paul Klein, P.E., Quality Control Paul Kein has 27 years of experience in the preparation and management of water resources projects for public agencies,including municipal sewer and water systems.For these projects,his work includes site investigations,plans and specifications,cost estimates,identification of grant funding opportunities,agency coordination and approvals,permitting,and construction assistance.As a principal-in-charge and quality control manager,he has been responsible for the review of sewer and water master plans,as well as the moderng and design of sewer collection systems,lift stations,trunk sewers,and complex water systems.Paul is a registered Civil Engineer in California(C48367) q. Tyler Whaley, P.E. Tyler Whaley has more than 10 years of experience in providing utility analysis,master planning,and infrastructure design for private and public development projects.He has expertise in assessing land development project utility impacts on existing municipal systems,and coordinating mitigation measures between the private stakeholders and utility purveyors.His broad range of experience has played a key role in developing alternative scenarios to solve the infrastructure challenges of a growing community.Tyler is a registered Civil Engineer in California (C74848),LEED Green Associate,and a Qualified SWPPP Development and Practitioner(OSD/P). At Chris Jones, P.E. Ar Chris Jones is an experienced civil engineer for sewer and water projects,including the development of sewer models using Infosewer for large land development projects and new master planned communities.His work r 4.. has included work with public agencies and private development interests in the planning,analysis,and design 6.. of sanitary sewer and domestic water systems,lift stations and pump stations,and water reservoirs.Chris is a • �^a.ty' registered Civil Engineer in California(C73996)and a Qualified SWPPP Developer and Practitioner(QSD/P). Brianna Arth, P.E. Brianna Arth specializes in utility infrastructure projects,including sanitary sewer modeling,system layouts,and trunk line design for both master planned communities and urban infill projects.Her experience includes use of InfoSewer,H2OMAP Sewer,InfoWater,and other Innovyze and ArcGIS supported software.She is a registered Civil Engineer in California(C84852). City et Rosemead I IWPLe6001.l6 5 Kim ley»)Horn il111 . �... PROPOSAL FOR -�- Sewer System _- �� Comprehensive Study I y OiNt Sam McUV,horter, P.E. • Sam McWhorter leads the planning and design of water resources projects,including the modeling and evaluation of sewer and water systems for public and private clients throughout Southern California.He has 18 years of experience in hydraulic modeling,sewer system planning and design,sewer lift station design, complex water systems,booster pump station planning and design,siphon design,water distribution/ transmission system design,pipeline rehabilitation,pipeline tunneling,pipeline condition assessments, construction phasing and master planning.He is a registered Civil Engineer in California(061788). Daniel Wong, AICA Geographic Information Systems Support Daniel Wong provides GIS support for all types of modeling and utility analysis projects.With a strong background in geographic information systems(GIS),he has been responsible for supporting the application z, of ArcGIS-based modeling programs such as InfoSewer.He has also been involved in using GIS to analyze the r relationships between land use,economic development and transportation. James Edison, Willdan Financial Services James Edison specializes in the nexus between public and private,with particular expertise in public-private partnerships,and the benefits of economic development to municipalities and state,provincial,regional and national governments.He possesses deep expertise in land use economics,with a specialty in finance and implementation,including fiscal impact and the public and private financing of infrastructure and development projects.His public sector experience includes local and regional economic impact studies;fiscal impact evaluations;new government formation strategies;and the creation of impact fees,assessments,and special taxes to fund intastructure and public facilities.Mr.Edison has conducted numerous evaluations of the economic and fiscal impact of specfic plans,and consulted on a wide variety of land use planning topics related to community revitalization and the economic and fiscal impacts of development. Kimiey>»Horn 6 !WPL86001.16I City ofRosemead _ _ _ �� N �� PROPOSAL FOR Sewer System , = .S1.11110 Ie - Comprehensive Study 1 Section 2 - Scope and Approach stave. 01 ;K:e'v ces The following Scope of Service has been prepared pursuant to the information obtained in the City's REP,our project understanding, expertise on similar projects and previous work performed within the City. Task 7.0 Review and Update the Sewer System Management Plan (SSMP) Kiriley-Horn will review available data and Documents from the City and County of Los Angeles,including but not limited to,the City of Rosemead Draft SSMP,the Los Angeles County Sanitary Sewer District standards,and existing City of Rosemead and County of Los Angeles sanitary sewer modeling information. Kimley-Horn will update and finalize the draft SSMP based upon the findings from Task 1.1.Kimley-Horn will provide the City with the revised SSMP tor the City's approval.This task assumes one round of City review comments. After the City has reviewed and approved the updated SSMP,from Task 1.2,Kimley-Horn will coordinate with the SWRCB and submit a finalized SSMP for approval. Task 2.0 Update Info Sewer Model Kimley-Horn will coordinate with the City to determine locations where sanitary sewer monitoring will be conducted.It is anticipated that a total of ten(1 0)locations will be required.These locations include critical locations along the City's backbone system as well as locations near recently completed development.Kimley-Horn will then work with Utility Systems,Science and Software,Inc.to perform flow monitoring at the agreed upon locations.It is assumed that the City will assist in any encroachment permitting and no fees will be required by the Kimley-Horn project team. Kimley-Horn will review the data collected within Task 2.1,calibrate it and develop new sanitary sewer demands.The results of the data and developed demands will be provided to the City for review. Kimley-Hom will compare the results of the sanitary sewer discharge rates,from Task 2.2,with the predicated flows generated from the existing City sewer model,which utilized the Los Angeles County design standard criteria.Kimley-Horn anticipates that the sanitary sewer model will need to be updated with the new demand factors from Task 2,2 due to water conservation measures that have occurred over the years. Task 3.0 Develop Optimized Sewer System Network Kimley-Horn will use the City%provided buildout information,within the City's 2010 General Plan and the Garvey Avenue Specific Plan(GASP)to model the City's future growth scenarios.Kimley-Horn anticipates that there may be a need to account for phased development of the City's projected buildout and therefore has accounted for up to four(4)buildout scenarios as a part of this task. City of Rosemead I M L86001.16 7 Kimley»)Horn ; , . wx PROPOSAL FOR . Sewer System Comprehensive Study 4f Kimley-Horn will analyze the mudeled growth scenarios from Task 3.1 to identify potential sewer constraints that may adversely affect the City's sower system,These constraints will then be evaluated to determine appropriate and feasible solutions that meet the C"ity's'uturc growth needs. Klmley-Hon will develop an optimized sewer system model which incorporates the buildout scenarios modeled in Task 3.1 and outcome of the Task 3.2 analysis. Kimley-Horn will provide the City with a technical reporVmemorandum that includes project background,methodology,analysis.. findings and recommendations,modeling outputs and system maps. Task 4.0 Establish Sewer Development Impact Fee (DIE) Kimley-Horn will prepare an opinion of probable cost based on the optimized sewer system network and report from Tasks 3.3 and 3,4.This estimate will be reviewed with the City and approved prior to the start of Task 4.2. Willdan Financial will prepare a sewer nexus study identifying the determination of facility standards and the allocation of cost burden amongst applicable land uses.The analysis will allocate the cost of sewer facilities to the future development based upon the defined benefit nexus.Willdan will provide comprehensive documentation of the development assumptions,methodologies,and results,including findings required by AB 1600 and/or the Mitigation Fee Act. Task 5.0 Project Management Coordination and Meetings .w>:'Jvc titfra�ss Jon Wakenhut will serve as the Project Manager responsible for supervision of the Klmley-horn Team.He will undertake consultation and coordination of the project.As appropriate,Kimley-Horn will coordinate with the City,County and State regarding the SSMP, modeling efforts and the sewer development impact fee. Kimley-horn also anticipates several meeting with City staff and agencies.These meetings include a"kick-off meeting'and deliverable submittal/review meetings.This task assumes that a total of four(4)meeting will be needed.Should the City determine that additional meetings beyond the anticipated four(4)meetings are required,such services can be provided under a separate authorization on a time and rnaterials basis. Kimley*>Horn a /WPL96001.16 I City of Rosemead PROPOSAL FOR r t Sewer System ` � Comprehensive Study Schedir Based on our experience wit similar projects,we anticipate a 15 week schedule for completion of the Sewer System Comprehersive Study,If a shorter schedule is necessary,we can work with the City to establish an adjusted schedule that meets the City needs. Weeks 1 2 3 4 5 6 7 8 9 10 111 12 13 14 15 Task 1.0 Review and Update the Sewer System Management Plan(SSMP) Task 2.0 U➢date lnfor Sewer Model ..- Task 3.0 Develop Optimized Sewer System Network Task 4.0 establish Sewer Development Impact Fee(DIF) Task 5.0 Project Management,Coordination i and Meetings City of Rosemead I JWPL5600L6 9 Kimley»>Horn This page left intentionally blank 're �° 2 g g ; e y p , g o : / } - - ©� . • _ . . . . / I } \ , . I VI \ 1 . . . . . . . , . . . . , VI � |ma Ili , . , , E CU I . ` ' oli U ! : � � . . . . . , . E _ . . , . . . . , . _ , ! a. CU li . . . . . . . . . . . . . \ . 2 ` _ _ , | a. 5 �a . . . . , . _ \ \ . ; ) { » { \ ; \ { P o . ! § \ i { 1 ` ! \ ; \ / ; ) \ _ • 9 p , a ! g ) } ! f) ! ) !{ ! ! ! { ) !! ! ; : - 4 /\ / . .a - - -k4 - \ § 4\ ` \ \ et / / a / ! / Q bb ; b ; O Q ; . _ 55 { I PROPOSAL FOR Sewer System Comprehensive Study SAS Section 4 - References Rosemead Supplemental Stswet System Management Plan Kirnley-Horn developed a comprehensive SSMP and Master Plan Update for the City of Rosemead.The City owns its wastewater collection system. however,operation and maintenance of the system is provided by Los Angeles County Sanitation District(LACSD) as part of the Consolidated Sewer Maintenance District(CSMD),This intertwined relationship between owner(City)arid operator (CSMD)required a collaborative effort to GWDR compliance,in which certain elements of the SSMP are the responsibility of the City and others fall to CSMD. to address this unique relationship,Kimley-Horn developed the City's SSMP in the form of a"supplemental"SSMP to CSMD's.This approach ensured the most cost effective approach by maximizing the use of CSMD's SSMP development efforts,while developing for the City from scratch only those portions that were specifically the City's responsibility.A unique approach utilized during this project is the development of a Memorandum of Lnderstanding(MOD)between the City and CSMD for mutual signature,which serves as a vehicle for the two parties to define their relationship with respect to GWDRs compliance and set expectations for both parties now and into the future,Kimley-Horn worked closely with state board representatives that manage the GWDR-SSO program to present and receive positive feedback of our approach prior to commencement of work. To meet the SECAP provision of the SSMP,Kimley-Horn reviewed and analyzed existing master plans,mapping,rainfall and flow data to verify regulatory compliance.Klmley-I lore updated to the City's SECAP plan and schedule with trigger points for completing additional capacity related projects.This approach ensured development of theinitial SECAP section of the SSMP met the GWDR compliance deadline,while also providing the timeline for subsequent analysis within the City's available budget.Kimley-Horn is developing a comprehensive dynamic flow model(InfoWorks-Sewer,1500 pipes)that will be used to update the City's Wastewater Mater Plan to meet their current and General Plan nuild-out conditions.Kimley-Horn is setting up the model so that it can be used by Ciry staff as a tool for ongoing SSMP-SECAP compliance. Agency:City of Rosemead Dates Work Performed:2009 Contact:Rafael Fajardo,City Engineer,(626)569-2151 Amoruso Ranch, Roseville, CA Kimley-Horn is providing the enginee ring for the planning and design of a new 694-acre,mixed-use master planned community, providing services from the conceptual planning level through the final engineering design phases.Responsibilities include engineering planning,design,and support of on-and offsite infrastructure conceptual planning and design,as well as consultation on other land planning issues, As part of the engineering planning and preliminary design process,Kimley-Horn was responsible for the sanitary sewer master plan for the project which included review of City of Roseville sanitary sewer demands and standards,calculafing project demands, verifying City capacity,and creating a project sewer model using InfoSewer which could then be incorporated into the City of Roseville model. Agency:City of Roseville,Environmental utilities Department Dates Work Performed:2014-2016 Contact:Dale Olson,Principal Engineer,(916)774-5543 City of Rosemead i 11/M85001 76 13 Kim ley»>Horn �� . t PROPOSAL FOR Sewer System ritti-,14 Comprehensive Study S • • The Sacramento Railyarck, Sacramento, CA The Sacramento Railyards development's a 238-acre infill project situated on the old Union.Pacific Railyards in downtown Sacramento.This project will double the size of downtown Sacramento and turn the area into an urban mecca of mixed-use, residential,cemwercial,fete I,and other uses.Kimley-Horn is respo0sible for the project management and coordination of all planning and desgn elements related to this complex project. As part of the redevelopment of the site,Kimley-Hom was responsible for the planning and design of the sanitary sewer mains that range from 6 to 36 inches,water mains tat range from 6 to 12 inches,storm drain mains that range from 18 to 72 inches, roanways,and associated grading and stormwater quality improvements. Client:Downtown Railyards Venture,LLC Dates Work Performed:2010(Initial Sewer Studies),2015-2016(Land Use Update Studies) Contact:Alan Hersh,Project Manager,(916)965-7100 Douglas Park, Long Beach, CA Kimley-I lam provided comprehensive civil engineering services for this 260-acre mixed-use project on the former McDonnell- Douglas site in the cities of Long Beach and Lakewood.This project transformed a Boeing aircraft manufacturing facility into a dynamic mixed-use community of offices,commercial development,and neighborhood retail. The scope of work included a sewer master plan and model to identify the impacts of the project on the existing City of Long Beach sanitary sewer network.This task included off-site sewer capacity studies and calibration with existing flow monitoring data utilizing County of Los Angeles criteria. Client:Newport Real Estate Services,Inc.(Owners Representative) Dates Work Performed:2008-2009 Contact:Steve Garis,Program Manager,(714)850-0085 Sanitary Sewer and Water Distribution System Assessment Group Jobs, San Diego Kimley-Horn provided preliminary engineering and design services for the analysis and replacement of sewer and water lines located throughout the City of San Diego due to maintenance issues,accessibility,and the age of the facilities.The total length of sower designated for replacement was 14.9 miles and the total length of water designated for replacement was 3 miles.The initial planning stucies involved analysis of the existing system by CCTV and included a hydraulic analysis of the sewers. Kimley-Horn prepared final design plans,specifications and cost estimates for the sewer and water line replacements after approval of the planning studies.Kimley-Horn also prepared designs and legal documents for retrofitting existing homes with now on-site sewer lines to eliminate non-standard conditions. Client:City of San Diego Dates Work Performed:2002-2005 Contact:Mohsen Maali,Senior Civil Engineer,(619)533-3167 Kimley>>Horn 14 IWPLS6001.16 I City of Rosemead _ PROPOSAL FOR • Sewer System 1 Comprehensive Study ifeb1 Section 5 - Professional Services Agreement Review Kimley-Horn has reviewed tie sample Professional Services Agreement and would like to discuss the following modifications with the City. 3.5.6 Indemnification:To the fullest extent permitted by law,Consultant shall defend,indemnify and hold the City,its officials, officers,employees,volunteers,and agents free and harmless from any and all claims,demands,causes of action,costs,expenses, liability,loss,damage or injury,in law or equ'ty.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 wiiflitetisn the payment of aN fntaegnem dente s,expert witness fees,and reasonable attorneys fees and other related costs and expenses.Consultant snail defend,atCvrnuRa,rt. uwa.uape„oe end,ink,any and all such aforesaid suits, actions or other legal proceedings of every ked,for which Consn-Itant is reoulred 10 indemnify,that may be brought or instituted against City,its d'rectors,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 to the extern covered by this indemnification.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. 3.5.9 Time of Essence:Time is of the essence for each and every provision of this Agreement.Notwithstanding any other p±oAsions of this Agreement the Consultant shall not have liability for or be deemed in breach because of delays caused by any factor outside of its reasonable control Including but not limited to natural disasters adverse weather,or acts of the Client thrrd pates.or governmental ao'ncies. EXHIBIT B-INSURANCE REQUIREMENTS Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against riegligeitacts,errors or omissions of the consultant U..] City of Rosemead I LWPL85001.16 15 Kimley>>>Horn This page left intentionally blank p `' � i 1 - t _: ..- . S _ . V, r,�..n;,y-a+".'(' s Cb — _ _ xr., _ ... law _ - '. _• • r- v ir J w. f id _° wE. . , Jon Wakenhut, PE. & ion wakenhut @kimletr-Ihs,tcu Kimle0orn and Asseaaces. Inc. 21.320 fsurhz ik Choi_''aid Side 230 r :� 911Dodiand Hilt, CA 91367 ". ' "Mope: 747 900 8400 __ -- °" wWVViumle• a:amrn Kimley>> Horn 1 Expect More Experience Better. KIMLEY HORN AND ASSOCIATES, INC. EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto)or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000.00 per occurrence. B-1 KIMLEY HORN AND ASSOCIATES, INC. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are licensed carriers in the state of California and with an A.M. Bests rating of A-or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. B-2 KIMLEY HORN AND ASSOCIATES, INC. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11.Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. B-3 KIMLEY HORN AND ASSOCIATES, INC. 13.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14.Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or B-4 KIMLEY HORN AND ASSOCIATES, INC. Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. B-5 Client#:25320 KIMLHORN ACORD,„ CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYYYn 4/22/2016 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 Fairer Jerry Noyola Greyling Ins.Brokerage/EPIC -Pxoxe ,770-552-4225 FPrz 866-5504082 i 3780 Mansell Road,Suite 370 EumpxO. lac xe). ADDRESS eJerry.noyola @greyling.com Alpharetta,GA 30022 -- --- INSUPERIS)AFFOROIXGLOVENAGE NAICp 877 908-5619 INSURER A.National Union Fire Ins.Co. 119445 INSURED INSURER B'Commerce&Industry Ins.Co. 19410 P.O. Box 33068 orn and Associates, Inc. INSURER C:New Hampshire Ins.Co. 23841 PO. B INSURER U:Lloyds of London 085202 Raleigh,NC 27636 INSURER INSURER F'. COVERAGES CERTIFICATE NUMBER: 16-17 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR —AODL SUER POLICY EFT- POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR-V[YO POLICY NUMBER IMMNOpY(Y) IMMIOOIYYYY] A X COMMERCIAL GENERAL LLLIABILITY 5268169 04/01/2016 04/01/2017 EACH OCCURRENCE _- $1,000,000 CLAIMS-MADE j XI OCCUR PREMISES[Ea[E RENTED $500,000 X Contractual Liab. WED EXP(Any one Perann) $25,000 _ _ PESSOrvPL SAOV INJURY 81,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 PRO- !PRODUCTSCOMPIOPAGO $2,000,000 PRO- X[ LM - $JECT OTHER'. - "— COMBINE651NGLE LIMIT A AUTOMOBILE LIABILITY - 4489663 04/01/2016 04/01/20171 COM YeED _- $1,000,000 X ANY AUTO BODILY INJURY(Perperaon) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS AUTOS - --- X HIRED AUTOS X AUTOS PROPERTY Gac dent) GE $ AUTOS LPerzc.-� ) B x UMORELLA LIAR X OCCUR BE013778306 04/01/201604/01/201 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE !AGGREGATE $5,000,00_0_ �DED XRETENTION 510,000 C WORKERS COMPENSATION 15893685(AOS) 14/01/2016 04/01/2017 X S.amTE i °a" AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEx_CUPVE Y-I�" E L.b.EACH ACCIDENT $1,000,000 OFFICER/MEMBER E%CLUDCW Lhl X/A '-- A Ines.desybe NH) 15893686(CA) 04/01/201604/01120171 EL.DISEASE-A EMPLOYEE $1,000,000 I°ESCR�ii N OF OPERATIONS below E. �oISEPSE-POUCr LIMIT s1,000,000 0 Professional Liab P070831600 04/011201604/01/2017 Per Claim$2,000,000 Aggregte$2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101,Additional Remarks Schedule,may be attached If more space Is requIredl Re: City of Rosemead's Sewer System Comprehensive Study;Jon Wakenhut.The City,its officials,employees &agents are named as Additional Insureds with respects to General Liability where required by written contract.Waiver of Subrogation is applicable where required by written contract&allowed by law.Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days'written notice(except 10 days for nonpayment of premium)will be provided to the Certificate Holder. CERTIFICATE HOLDER CANCELLATION City of Rosemead SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y o THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Silvia Llamas ACCORDANCE WITH THE POLICY PROVISIONS. 8838 E.Valley Boulevard P.O.Bos 399 AUTHORIZED REPRESENTATIVE Rosemead,CA 91770 ©1988-21116 ACORD CORPORATION.All rights reserved. ACORD 25(2014(01) 1 of 1 The ACORD name and logo are registered marks of ACORD 65479226/M461305 JNOV1 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CC 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PANT A, Section II - Who Is An Insured is amended to a. The preparing, approving, or failing to include as an additional insured any person or prepare or approve, maps, shop organization for whom you are performing drawings, opinions, reports, surveys, operations when you and such person or field orders, change orders or drawings organization have agreed in writing in a contract and specifications; or or agreement that such person or organization inspection,Supervisory, mspeesie n, architectural or be added as an additional insured on your engineering activities. policy. Such person or organization is an addi- tional insured only with respect to liability for This exclusion applies even if the claims against "bodily injury", "property damage" or "personal any insured allege negligence or other wrong- and advertising injury" caused, in whole or in doing in the supervision, hiring, employment, part, by: training or monitoring of others by that insured, if the "occurrence"which caused the "bodily in- 1. Your acts or omissions; or jury" or "property damage", or the offense 2. The acts or omissions of those acting on which caused the "personal and advertising your behalf; injury", involved the rendering of or the failure in the performance of your ongoing operations to render any professional architectural, for the additional insured. engineering or surveying services, However, the insurance afforded to such 2. "Bodily injury" or "property damage" additional insured: occurring after: 1. Only applies to the extent permitted by law; a. All work, including materials, parts or and equipment furnished in connection with such work, on the project (other than 2. Will not be broader than that which you are service, maintenance or repairs) to be required by the contract or agreement to performed by or on behalf of the provide for such additional insured. additional insuredls) at the location of the A person's or organization's status as an addi- covered operations has been completed; tional insured under this endorsement ends Or '.. when your operations for that additional insured b. That portion of "your work" out of which are completed, the injury or damage arises has been put B. With respect to the insurance afforded to these to its intended use by any person or additional insureds, the following additional ex- organization other than another elusions apply: contractor Or subcontractor engaged in This insurance does not apply to: performing operations for a principal as a part of the same project. t. "Bodily injury", "property damage" or C. With respect to the insurance afforded to these "personal and advertising injury" arising out additional insureds, the following is added to of the rendering of, or the failure to render, - any professional architectural, engineering or Section III - Limits Of Insurance: surveying services, including: The most we will pay on behalf of the additional insured is the amount of insurance: • CG 20 33 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 ❑ 1. Required by the contract or agreement you Insurance shown in the Declarations; have entered into with the additional whichever is less. insured; or This endorsement shall not increase the 2. Available under the applicable Limits of applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ®Insurance Services Office, Inc., 2012 CG 20 33 04 13 0 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CO 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organizationlsl ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT, WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to which you are required by the contract or include as an additional insured the person(s) or agreement to provide for such additional organization(s) shown in the Schedule, but only insured. with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these "property damage" caused, in whole or in part, additional insureds, the following is added to by your work" at the location designated and Section III - Limits Of Insurance: described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and required by a contract or agreement, the most included in the "products-completed operations we will pay on behalf of the additional insured hazard". is the amount of insurance: • However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional 2. Available under the applicable Limits of Insu- insured only applies to the extent permitted rance shown in the Declarations; by law; and whichever is less. 2. If coverage provided to the additional insured is required by a contract or agree- This endorsement shall not increase the appli- ment, the insurance afforded to such addi- cable Limits of Insurance shown in the Decla- tional insured will not be broader than that rations. CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 ❑