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CC - Item 2I - CPS Contract Agreement• • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, INTERIM CITY MANAGER 04 ~ 00.- DATE: June 26, 2007 SUBJECT: COMPREHENSIVE PLANNING SERVICES (CPS) CONTRACT AGREEMENT SUMMARY The City has received an application from a developer who is proposing to develop a mixed use project consisting of 10,586 square feet of retail space and 38 attached condominium units at the south east corner of Valley Blvd and Rio Hondo Avenue. Given the scope of this proposed project staff worked with the developer to send out requests for proposals (RFP) for environmental planning services to assist with the preparation of required California Environmental Quality Act (CEQA) studies for this project. CPS has been selected to prepare the CEQA analysis and the cost to hire the consultant will be fully paid by the developer. Staff Recommendation Staff recommends that the City Council take the following action: 1) Authorize the Mayor to execute the contract agreement with CPS. 2) Direct staff to obtain a deposit from the developer to cover the full cost for contract services prior to authorizing the consultant to proceed with CEQA studies. ANALYSIS On January 31, 2007, the City sent out a Request For Proposals (RFP) for environmental planning services to a list of qualified consulting firms to assist the City staff with upcoming mixed use projects. At the February 27, 2007 City Council meeting, the Council authorized a contract with Comprehensive Planning Services (CPS) for a mixed use project proposed at 7801 Garvey Avenue. On May 29, 2007, the Council also authorized a contract with Comprehensive Planning Services (CPS) for a similar mixed use project proposed by a different developer at 7419-7459 Garvey Avenue. It would be advantageous to have CPS review all these mixed use projects concurrently such that the technical analysis would not have to be duplicated by multiple consultants. APPROVED FOR CITY COUNCIL AGENDA: • C City Council Report June 26, 2007 Page 2 of 2 PUBLIC NOTICE PROCESS This item was not a noticed public hearing item. Submitted by: Jesse H. Duff Interim Community Development Director P Senior Attachment A: Draft Contract Agreement Attachment B: RK Engineering company profile • 0 CITY OF ROSEMEAD PROFESSIONAL SERVICES AGREEMENT PARTIES AND DATE. This Agreement is made and entered into this 26'h day of June, 2007 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 Valley Blvd, Rosemead, California 91770 ("the City") and Comprehensive Planning Services, a California Corporation with its principal place of business at 2916 Clay Street, Newport Beach, CA 92663 ("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 of Rosemead on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional environmental services to public clients and that is licensed in the State of California, and is familiar with the plans and procedures of City. 2.2 Project. City desires to engage Consultant to render such professional environmental consulting services for the proposed mixed use development ("Project") referred to as Planned Development Review 05-127,and Conditional Use Permit 05-1013 as set forth in this Agreement. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental customary work necessary to fully and adequately supply professional environmental consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from June 2007 to the date the City determines the project to be in compliance with applicable environmental regulations, 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. EXHIBIT A 0 Page 2 of 15 3.2 Responsibilities of Consultant. u 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. The 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 the City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due to 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 in respect to such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth and attached hereto ("Schedule"). Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with agreement conditions, including the Schedule. In order to facilitate Consultant's conformance with the Schedule, the City shall respond to Consultant's submittals in a timely manner. Upon request of the City, Consultant shall provide a more detailed schedule of work to meet the applicable deadlines as determined by the City. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant and/or sub consultants shall be subject to review and approval of the City. 3.2.4 Substitution of Key Personnel. Consultant has presented to the City certain key personnel who 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 from the City. In the event that the City and Consultant cannot agree as to the substitution of key personnel, the City shall be entitled to terminate this Agreement for such cause. Any personnel who fails or refuses 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 immediately and promptly removed from the Project by the Consultant at the request of the city, 3.2.5 City's Representative. The City of Rosemead hereby designates the Joann Lombardo or her designee, to act as its representative for the performance of professional environmental consultancy services as set forth in 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 Planning Services Administrator or his designee. E Page 3 of 15 • 3.2.6 Consultant's Representative. Consultant hereby designates RK Engineering or its designee, to act as its representative for the performance of professional traffic engineering consultancy services as set forth in 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 traffic study services, using his best professional skills, knowledge and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the traffic study services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with the City staff in the performance of Services and shall be available to the 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 profession necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skills and experience to perform the Services assigned to them. Finally, Consultant represents that, 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, at the request of the City shall be immediately and promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of 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. E Page 4 of 15 E 3.2.10 Insurance. Without in any way limiting Consultant's liability pursuant to the "Indemnification" paragraph of this Agreement, Consultant will maintain insurance in the amounts and coverages set forth below. 3.2.10.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: EJ Page 5 of 15 lJ (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with performance of such work; and (2) the insurance coverage shall be primary insurance for the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible, and (2) the insurance coverage shall be primary insurance for the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant or sub- contractors. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) calendar days prior written notice by Consultant through certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured in respect to the City, its directors, officials, Ll Page 6 of 15 officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in the state of California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish the City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 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 sub-contractors, 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 attached hereto. The total compensation shall not exceed Thirty Five Thousand and Fifty (35,050) dollars for the Mitigated Negative Declaration (MND) or Eighty Four Thousand Three Hundred and Seventy (84,370) dollars for Environmental Impact Report (EIR) without advance written approval from City's Planning Department. Extra Work may be authorized and approved by the City, and will be compensated at the rates and manner set forth in this Agreement. In no event shall the amounts paid for the total of all Services under this Agreement exceed these amounts without the express authorization/approval of the City. In no event shall City be liable for interest or late charges for any late payments. 3.3.2 Payment of Compensation. Consultant shall submit to the 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 E Page 7 of 15 C, J subsequent billing periods, as appropriate, through the date of the statement. The 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 the City's Planning Department. 3.3.4 Extra Work. At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the 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 the City's Planning Department. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seg., 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. The 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 Audit and Inspection of Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate books and accounting records with respect its work under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of the 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. 0 Page 8 of 15 3.5 General Provisions. E 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. The 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) calendar 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. 3.5.1.2. Upon receipt of the City's notice of termination, Consultant shall commence and perform, with diligence, all actions necessary on the part of Consultant to effect the termination of this Agreement on the date specified by the City and to minimize the liability of Consultant and the City to third parties as a result of termination. All such actions shall be subject to the prior approval of the City. Such actions shall include, without limitation: 3.5.1.2.1 Halting the performance of all Services and other work under this Agreement on the date(s) and in the manner specified by the City. 3.5.1.2.2 Not placing any further orders or subcontracts for materials, services, equipment or other items. 3.5.1.2. 3 Terminating all existing orders and subcontracts. 3.5.1.2.4 At the City's direction, assigning to the City any or all of Consultant's right, title and interest under the orders and subcontracts terminated. Upon such assignment, the City shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. 3.5.1.2.5 Subject to the City's approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts. 3.5.1.2.6 Completing performance of any services or work that the City designates to be completed prior to the date of termination specified by the City. 3.5.1.2.7 Taking such action as may be necessary, or as the City may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Consultant and in which the City has or may acquire an interest. 3.5.1.3 Within 30 days after the specified termination date, Consultant shall submit to the City an invoice, which shall set forth each of the following as a separate line item: 0 Page 9 of 15 0 3.5.1.3.1 The reasonable cost to Consultant, without profit, for all services and other work the City directed Consultant to perform prior to the specified termination date, for which services or work the City has not already tendered payment. Reasonable costs may include a reasonable allowance for actual overhead, not to exceed a total of 10% of Consultant's direct costs for services or other work. Any overhead allowance shall be separately itemized. Consultant may also recover the reasonable cost of preparing the invoice. 3.5.1.3.2 A reasonable allowance for profit on the cost of the services and other work described in the immediately preceding subsection (1), provided that the Consultant can establish, to the satisfaction of the City, that the Consultant would have made a profit had all Services and other work under this Agreement been completed, and provided further, that the profit allowed shall in no event exceed 5% of such cost. 3.5.1.3.3 The reasonable cost to Consultant of handling material or equipment returned to the vendor, delivered to the City or otherwise disposed of as directed by the City. 3.5.1.3.4 A deduction for the cost of materials to be retained by Consultant, amounts realized form the sale of materials and not otherwise recovered by or credited to the City, and any other appropriate credits to the City against the cost of the services or other work. 3.5.1.4 In no event shall the City be liable for costs incurred by Consultant or any of its subcontractors after the termination date specified by the City, except for those costs specifically enumerated and described in the immediately preceding subsection. Such non-recoverable costs include, but are not limited to, anticipated profits, post-termination employee salaries, post-termination administrative expenses or overhead, or any other expense not authorized under the immediately preceding subsection. 3.5.1.5. In arriving at the amount due to Consultant under this Section, the City may deduct: (1) all payments previously made by the City for work covered by Consultant's final invoice; (2) any claim which the City may have against Consultant in connection with this Agreement; (3) any invoiced costs or expenses excluded pursuant to the immediately preceding subsection; and (4) in instances in which, in the opinion of the City, the cost of any services or other work performed under this Agreement is excessively high due to costs incurred to remedy or replace defected or rejected services or other work, the difference between the invoiced amount and the City's estimate of the reasonable cost of performing the invoiced services or other work in compliance with the requirements of this Agreement.] 3.5.1.6 Effect of Termination. If this Agreement is terminated as provided herein, the 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 documentation and other information within fifteen (15) calendar E Page 10 of 15 days from the request date. • 3.5.1.7 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, the 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 address as the respective parties may provide in writing for this purpose: CONSULTANT: Comprehensive Planning Services PO Box 15592 Newport Beach CA 92659 Attn:Joann Lombardo- Principal. CITY: City of Rosemead 8838 E.Valley Blvd Rosemead, CA 91770 Attn: Brad Johnson, Planning Services Administrator 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 the 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 work 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 or sub- contractor 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. The City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use is within the purposes intended by this Agreement and shall not be at the City's sole risk. 3.5.3.2 Works for Hire. If, in connection with services performed under this Agreement, Contractor or its subcontractors create artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, • Page 11 of 15 9 diagrams, surveys, blueprints, source codes or any other original works of authorship, such works of authorship shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of the city. If it is ever determined that any works created by Consultant or its subcontractors under this Agreement are not works for hire under U.S. law, Consultant hereby assigns all copyrights to such works to the City, and agrees to provide any material and execute any documents necessary to effectuate such assignment. With the approval of the City, Consultant may retain and use copies of such works for reference and as documentation of its experience and capabilities. 3.5.3.3 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 the 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 the City. 3.5.4 Cooperation; Further Acts. The Parties mentioned in this agreement shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses, except where such liability, loss, damage or injury is the result of the sole negligence or willful misconduct of the City. In addition to Consultant's obligation to indemnify the City, Consultant specifically acknowledges that it has an immediate and independent obligation to defend the City from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false • • Page 12 of 15 or fraudulent, which obligations arises at the time such claim is tendered to Consultant by the City and continues at all times thereafter. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of any kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy anyjudgment, award or decree that may be rendered against the City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse the 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 Limitation on Liability of City. CITY'S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT OF THE COMPENSATION PROVIDED FOR IN PARAGRAPH 3.3 OF THIS AGREEMENT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL THE CITY BE LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PERFORMED IN CONNECTION WITH THIS AGREEMENT. 3.5.$ 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 in writing and signed by both parties. 3.5.9 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.10 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.11 City's Right to Employ Other Consultants. The City reserves the right to employ other consultants in connection with this Project. 3.5.12 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.13 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 without the City's consent 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. • Page 13 of 15 0 3.5.14 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 the 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. 3.5.15 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.16 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. 3.5.17 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.18 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. 3.5.19 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 sub consultants 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, the 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. 3.5.20 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 any r 0 Page 14 of 15 applicable City minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.21 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. 3.5.22 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. 3.5.23 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.24. Survival. The following provisions will survive any termination or 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 the City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF ROSEMEAD COMPREHENSIVE PLANNING SERVICES BY: John Tran Mayor BY: Attest: By: Nina Castruita City Clerk Approved as to Form: Joann Lombardo Principal By: Bonifacio Bonny Garcia City Attorney Page 15 of 15 4) 9 EXHIBIT A SCOPE OF WORK 0 4 Memo Date: June 15, 2007 To: George Agaba, Senior Planner From: Joann Lombardo, Comprehensive Planning Services • U JUN 1 9 2001 Re: Estimated Schedule for Environmental Assessment 9400 - 9412 VALLEY BOULEVARD As you requested, this correspondence provides a cost estimate and summary schedule for the environmental assessment and related technical studies for the 9400-9412 Valley Boulevard Mixed Use project. This estimate is based on the following assumptions: ■ The project consists of approximately 10,000 square feet of office and retail, with 38 residential condominium units on an approximately .54 acre site. ■ The scope of work will be similar as that provided for the Big Island Plaza. However, a shade and shadow analysis is not included. ■ Timing for the technical studies related to this environmental review is expected to be more or less concurrent with those for the Big Island Plaza project. To expedite the preparation of the traffic and parking studies, we would use RK Engineering, proposal and qualifications attached. The environmental schedule will be similar to that for the Big Island Plaza project, driven primarily by the technical studies. Eight weeks, approximately two months, are expected to be required to complete the studies. The Initial Study with MND is expected to be completed by week 1 1, an approximately 2-1/2 to 3 month schedule. An EIR would require considerably more time, with expected completion of a Draft EIR by week 16, and a Notice of Determination by week 27, approximately a 6 month schedule. Please don't hesitate to contact me should you have any questions. cc. Mr. Brad Johnson, Community Development Director P 0 Box 15592 Newport Beach CA 92659 Tel: 949 650 3206 Fax: 949 548 6981 e-mail: joann@jalcps.com 0 i 9400-9412 VALLEY BOULEVARD MIXED USE PROJECT ESTIMATED COSTS Task Hours Reimbursables Cost** Traffic Study $15,000 $15,000 Parking Study $5,000 $5,000 Air Quality Study $3,000 $3,000 Noise Study $4,000 $4,000 Initial Study MND 70 350 $8,050 Total Cost with MND (I, 3) $35,050.00 EIR 412 2,000 47,320 Technical Studies Review of Alternatives 2,000 Total Cost with EIR (2, 3) $84,370.00 Notes: (1) Assumes 2 public hearings; 2 staff meetings (2) Assumes 2 public hearings; 4 staff meetings. (3) Additional meetings to be on time and material basis * Estimate valid for 90 days. 9400-9412 VALLEY BOULEVARD MIXED USE PROJECT ESTIMATED SCHEDULE Task Task Start Week Task Completion Week I . Project Background and Orientation(l) Week I Week 2 2. Project Description Week 2 Week 3 3. Technical Studies Week 2 Week 9 4. Draft Initial Study Week 2 Week 10 5. Initial Study - MND (2) Week 9 Week I I Page 2 r 0 9400-9412 VALLEY BOULEVARD MIXED USE PROJECT ESTIMATED SCHEDULE 6. Initial Study - MND Public Hearings Week 14 Week 15 7. Draft EIR (3) Week 10 Week 16 8. Draft EIR 45 Day Review Week 17 Week 23 9. Final EIR Week 23 Week 25 10. Public Hearings Week 25 Week 27 11. Notice of Determination Week 27 Week 27 Notes: (1) Receive all materials listed in Scope of Work (2) Staff comments on Initial Study within one week (3) Staff comments on SCEIR within two weeks. Page 3 • m en9lneeNng group, Inc. • transportation planning • traffic engineering acoustical engineering • parking studies June 15, 2007 Ms. Joann Lombardo COMPREHENSIVE PLANNING SERVICES 2916 Clay Street Newport Beach, CA 92663 Subject: Valley and Rio Hondo Project Traffic Impact Study Dear Mrs. Lombardo: Introduction RK ENGINEERING GROUP, INC. (RK) is pleased to submit this proposed Agreement to provide a traffic and parking impact study for your proposed Valley and Rio Hondo project. The proposed project consists of a mixed-use development with 38 multi-family units and about 10,000 square feet of retail development on the ground floor. The project will be a total of three stories. The City of Rosemead is concerned with traffic and parking impacts as a result of the development. The traffic impact study will study up to eight (8) study area intersections and will also review onsite and offsite parking adjacent to the project. The traffic study will analyze the following condition scenarios: • Existing • Existing Plus Project • Project Buildout Year Without the Project • Project Buildout Year With the Project • City General Plan Buildout Without the Project • City General Plan Buildout With the Project Project Buildout Year and City Buildout Year Traffic Projections will be based upon an ambient growth rate and other cumulative projects identified by the City. The level of service analysis should be performed based upon the ICU (Intersection Capacity Utilization) methodology. The traffic study will take into account other projects in the study area with the ambient growth rate. EXHIBIT B 3991 macarthur houlevard. suite 310 newpurt peach. california 92660 tee 949.41- 4.OR09 fa. 949.4,74.01102 http://www.rkengineer.com 0 Ms. Joann Lombardo COMPREHENSIVE PLANNING SERVICES June 15, 2007 Page 2 Scope of Work The following Scope of Work is proposed by RK for this study effort: 0 1. Review the site plan for the project from a traffic circulation standpoint. 2. field review the site to determine existing conditions. 3. Obtain AM/PM peak hour counts at the eight (8) study area intersections. RK will utilize existing City counts if they are available. 4. Determine existing levels of service at the eight (8) study area intersections based upon the ICU methodology. 5. Determine the project's trip generation trip distribution and traffic assignment to the adjoining roadway system. 6. Determine existing plus project traffic impacts and level of service at the eight (8) study area intersections. 7. Determine project buildout year traffic impacts and level of service without and with the project at the eight (8) study area intersections. 8. Determine City General Plan buildout traffic impacts and level of service without and with the project at the eight study area intersections. 9. Determine project's traffic contribution to the eight study area intersections. 10. Review project access and determine the need for any special turn lanes that may be required to serve the project. 11. Develop mitigation measures (i.e. traffic signals, additional traffic lanes, etc.) that may be required to accommodate the project. 12. Conduct a limited parking survey for a typical weekday and weekend conditions adjacent to the project. 13. Prepare a ULI (Urbban Land Institute) shared parking analysis for the proposed project. 14. Determine the adequacy of the proposed parking. RK: rd/RK5705. doc JN: 0905-07-01 0 Ms. Joann Lombardo COMPREHENSIVE PLANNING SERVICES June 15, 2007 Page 3 15. Develop project recommendations. 16. Summarize the results of the study in a traffic impact report. Professional Fees The fee for the work outlined in this proposal is based upon personnel charges plus direct expenses as indicated in the attached Exhibit A. The fixed fee to accomplish the above Scope of Work is $20,000. This fee is based upon analysis of the Original Site Plan received by RK from the Client at the time RK initiates the work. Should the original Site Plan received by RK be modified (per the Client or their respective associates) after the work is initiated by RK, then RK will require a change Order and budget modification to accommodate changes before completing the work. An Electronic PDF copy of the project report will be emailed to the client. If requested, three copies (two bound and one original for the client's use) of the project report would be prepared. Monthly billings for RK will be based upon the attached Exhibit A - BILLING RATES FOR RK ENGINEERING GROUP, INC. Payments are due within 30 days of invoice date. Invoices that are more than 90 days past due are subject to interest at the maximum permitted by law. The proposed fee does not include attendance at public hearings/meetings, which may be required to secure approval of the project. If these are required and requested, RK would be pleased to attend these meetings and billing would be based upon the billing rates included in Exhibit A. Any meetings after 5:00 PM will be billed at 1.5 times our normal rates. Time Schedule it is estimated that the Valley and Rio Hondo Traffic Impact Study will take approximately 25 working days to complete from the date of authorization, and date of receipt of data essential for the study. Additionally, any delays resulting from circumstances beyond our control, such as weather, shall extend the time schedule. Ownership of Documents All reports, plans, specifications, field data, notes and other documents, including all documents on electronic media, prepared by RK, as instruments of service shall remain the property of RK. The Client may use these documents to secure approval of his/her projects; however, they may not be modified or changed in any way. RK: rd/RK5705. doc JN: 0905-07-01 • • Ms. Joann Lombardo COMPREHENSIVE PLANNING SERVICES June 15, 2007 Page 4 Dispute Resolution In an effort to resolve any conflicts that arise during the Project or following the completion of the Project, the Client and RK agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. In the event that a lawsuit is brought for the enforcement of any of the terms of this agreement, the prevailing party should be entitled to attorney fees and costs in addition to any damages. This agreement can be terminated by either party based upon a written request to terminate the work. The client will pay RK for all work that is completed prior to the termination of the work. Qualifications RK is located in Newport Beach, California and specializes in transportation planning and trafficlacoustical engineering for governmental agencies and the business community. The firm principals and associates have over 70 years of combined engineering and planning experience throughout Southern California at the regional, local and individual project levels. The experience of the firm's personnel in transportation planning and traffic/acoustical engineering provides the special skills necessary for determining practical and meaningful traffic solutions. Limitation of Liability The Client agrees to limit the Design Professional's liability to the Client and to all construction Contractors and Subcontractors on the project, due to the Design Professional's negligent acts, errors, or omissions, such that the total aggregate liability of the Design Professional to all those named shall not exceed $50,000 or the Design Professional's total fee for services rendered on this project, whichever is greater. This letter can serve as a Memorandum of Agreement and our authorization to proceed. Please sign one copy and return it to us for our files. We are looking forward to serving you on this project. This proposal is valid for sixty days, if signed by the client. RK: rd/RK5705. doc JN: 0905-07-01 9 0 Ms. Joann Lombardo COMPREHENSIVE PLANNING SERVICES June 15, 2007 Page 5 If you have any questions regarding this proposal, please call me at (949) 474-0809. Respectfully submitted, RK ENGINEERING GROUP, INC. R\'S,d Robert Kahn, P.E. Principal Registered Civil Engineer 20285 Registered Traffic Engineer 0555 Attachment CONTRACT APPROVAL: Approved by: Title: Firm: COMPREHENSIVE PLANNING SERVICES Date: RK: rd/RK5705. doc 1N: 0905-07-01 • Exhibit A Billing Rates for RK ENGINEERING GROUP, INC. Compensation for Services The Consultants Billing rates for services are as follows: Position Hourly Rate Principal $165.00 Associate Principal $150.00 Senior Associate $140.00 Associate $130.00 Principal Engineer/Principal Planner/Principal Designer $120.00 Senior Engineer/Senior Planner/Senior Designer $110.00 Engineer/Planner III $105.00 Engineer/Planner II $ 95.00 Engineer/Planner 1 $ 90.00 Assistant Engineer/Planner $ 80.00 Transportation Analyst $ 65.00 Senior Engineering Technician $ 75.00 Engineering Technician III $ 70.00 Engineering Technician II $ 60.00 Engineering Technician 1 $ 50.00 Engineering Aide $ 45.00 Executive Assistant $ 65.00 Administrative Assistant $ 50.00 Administrative Aide $ 40.00 Clerical Aide $ 35.00 General (1) Reimbursable direct costs, such as reproduction, supplies, messenger service, long-distance telephone calls, travel and traffic counts will be billed at cost plus ten (10) percent. (2) Hourly rates apply to work time, travel time and time spent at public hearings and meetings. For overtime work, the above rates may be increased 50 percent. (3) Client payment for professional services is not contingent upon the client receiving payment from other parties. (4) Billing statements for work will be submitted monthly. Statements are payable within thirty (30) days of the receipt by client of statement. Any statement unpaid after thirty (30) days shall be subject to interest at the maximum permitted by law. Rev. January 18, 2007 0 engineering M71greup, inc. Quality Transportation Solutions Fvny '.hoo Innovation Experience Reputation Expertise Creativity Client Satisfaction Transportation In Planning Traffic Engineering & Design Acoustical Engineering Community Traffic Calming Robert Kahn P.E. Principal Thomas Wheat P.E. Vice President Rogier Goedecke Vice President, Operations 0 Traffic Impact Studies Transportation Planning Transportation Demand Management Parking Demand Studies Traffic Signal & Signing/ Striping Plans Traffic Control Plans Traffic Engineering Bike/ Pedestrian Systems Parking Lot Layouts EIR Noise Studies Noise Impact Studies Sound Barrier Analysis Noise Elements Noise Ordinance Compliance Homeowner Association Traffic Review Speed Limit Review Traffic Calming Planning/ Design Community Parking Studies Pedestrian Facilities 3991 Macarthur Boulevard, Suite 310 Newport Beach, CA 92660 Ph.- 949.474.0809 Fax - 949.474.0902 E-mail - info's rkengineer.com http://www.rkengineer.com engineering group, inc. Quality Transportation Solutions 041 Acoustical Engineering ia'iiI')) CO 6S the !A101", of Life inside a community by providing solutions to everyday community and environmental noises. Sound is abundant in most aspects of the modern world. Acoustics is the field of science which studies sound and vibration. RK's Acoustical Engineering team craft s solutions to resolve problematic noise levels. • EIR Noise Studies • Noise ContoL • Noise Impact • Noise Measu • Land Use Cot • Sound Barrie • Noise Elemer • Noise Predict • Problem Solv • Community a Environmental Noise Planning • Stationary Source Noise Analysis • Noise Ordinance Compliance RK Engineering has worked on over 700 projects involving Acoustical Engineering. Robert Kahn, P.E. has been designated as a Certified Acoustical Engineer (No. 112-88) in the County of Orange. RK has completed hundreds of noise studies for many of Southern California's leading developers, builders, and public agencies. RK strives to develop cost effective solutions to community and environmental noise problems Robert Kahn P.E. Principal Thomas Wheat P.E. Vice President Rogier Goedecke Vice President, Operations also called environmental noise in technical venues, is ri .s sounds created by human or machine sources that disrupt the environ- ment. RK utilizes noise mitiga- tion strategies that are designed to ` unwanted environ- mental which allows people to live harmoniously within their environment. 3991 MacArthur Boulevard, Suite 310 Newport Beach, CA 92660 Ph.- 949.474.0609 Fax - 949.474.0902 E-mail - infoC rkengineer.com http://www.rkengineer.com • engineering group, inc. Quality Transportation Solutions Besides its power to improve the livability of a neighbor- hood, the beauty of traffic calming is that it can be applied and , y x i hp to meet the individual needs of a com- munity. The goal of traffic calming is to make our streets safer and more comfortablr, for all users and residents. Homeowner Association Reviews Traffic Control Reviei Speed Limit Review Traffic Calming Planning/ Design Community Parking Pedestrian Facilities Sight Distance Review Signing and Striping Design • Traff ic Co, izrIV)C. is a system of Ae s-9g11 and n-4 aria9eune,.Qlt strategies that aim to balatlcc traffic on streets with other uses. It is founded on the idea that people should be able to walk, meet, play, shop and even work alongside cars - but not dominated by them. RK Can Utilize These Tools to Create a Custom Solution to Maximize Effectiveness Within a Community • Road Humps, Speed Tables, and Traffic Cushions • Striping to narrow the perceived width of the street. • Diagonal/Parallel Parking • Widening Sidewalks/Narrowing Streets and Traffic Lanes • Bulbs - Chokers - Neckdowns • Chicanes • Roundabouts /Traffic Circles • Raised Medians • Tight Corner Curbs • Diverters • Pavement Texture (Pavers or Stamped Concrete/Asphalt) • Changing One-Way Streets to Two-Way • Road Closures Robert Kahn P.E. Principal Thomas Wheat P.E. Vice President Rogier Goedecke Vice President, Operations 3991 MacArthur Boulevard, Suite 310 Newport Beach, CA 92660 Ph.- 949.474.0809 Fax - 949.474.0902 E-mail - info@rkengineer.com http://www.rkengineer.com