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2200 - Infrastructure Engineers - General Public Works and Professional Engineering Services A 0 0 0 3 5 E M ii -4-qinky c, h.„:ie 0„,...,0, CE PROFESSIONAL SERVICES AGREEMENT GENERAL PUBLIC WORKS AND PROFESSIONAL ENGINEERING SERVICES (INFRASTRUCTURE ENGINEERS) 1. PARTIES AND DATE. /� // // This Agreement is made and entered into this /y day of ((/017,41( 20 /(Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City') and Infrastructure Engineers with its principal place of business at 1815 East Heim Avenue, Suite 100, Orange, CA 92865 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing general public works and professional engineering services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such ongoing general public works and professional engineering services ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional general public works and professional engineering consulting services necessary for the Project INFRASTRUCTURE ENGINEERS Page 2 of 11 ("Services"). The Services and hourly rates are more particularly described in Exhibit A attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from Effective Date shown above to July 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. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable INFRASTRUCTURE ENGINEERS Page 3 of 11 to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Sid Mousavi. 3.2.5 City's Representative. The City hereby designates the Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Sid Mousavi, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. INFRASTRUCTURE ENGINEERS Page 4 of 11 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall maintain prior to the beginning of and for the entire duration of this Agreement an insurance coverage and policy as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, as specified in the attached Consultant proposal (i.e., hourly rates, expenses, etc.), but not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) per fiscal year. Such payments shall be made on an as-needed basis as directed by the City. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the • INFRASTRUCTURE ENGINEERS Page 5 of 11 subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees 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. INFRASTRUCTURE ENGINEERS Page 6 of 11 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 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: Infrastructure Engineers, Inc. 1815 Heim Avenue, Suite 100 Orange, CA 92865 Attn: Sid Mousavi Tel: (714) 940-0100 CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. INFRASTRUCTURE ENGINEERS Page 7 of 11 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or other, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner INFRASTRUCTURE ENGINEERS Page 8 of 11 arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, INFRASTRUCTURE ENGINEERS Page 9 of 11 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 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. INFRASTRUCTURE ENGINEERS Page 10 of 11 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] INFRASTRUCTURE ENGINEERS Page 11 of 11 CITY OF ROSEMEAD INFRASTRUCTURE ENGINEERS By: tad ,. i�! /4 S By. Jeff red, City Manager a Date Name: leantio Ad Abaci'1. Attest: orTitle: Jet reJGY- City Cler j Date [if Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: 615T3 J (07/3/0- Name: c' e (oc(Sd✓1 Rac el Richman Date City Attorney Title: CEO INFRASTRUCTURE ENGINEERS EXHIBIT A SCOPE OF SERVICES/ HOURLY RATES A-1 2015 HOURLY RATE SCHEDULE 4 INFRASTRUCTURE As of July 1, 2015 • ENGINEERS Principal in Charge $185 Municipal Engineering Support Civil Engineering Interim City Manager $185 Assistant/Deputy City Manager $165 Project Manager $160 City Engineer $150 Senior Engineer $140 City Traffic Engineer $140 Senior Plan Check Engineer $150 Deputy City Engineer $140 Plan Check Engineer $140 Dep.City Traffic Engineer $135 Engineering Associate $110 Plan Check Engineer $140 Engineering Assistant $100 Plan Checker $130 GIS Analyst $130 CIP Manager $140 CAD Manager $130 CAD Operator S95 Building & Safety Traffic Engineering Building Official $150 Plan Check Engineer $140 Principal Engineer $160 Plan Examiner $130 Senior Traffic Engineer $135 Senior Building Inspector $100 Traffic Engineer $130 Building Inspector $85 Plan Checker $130 Counter Technician $80 Engineering Associate $110 Engineering Assistant $100 Water/Wastewater/NPDES Engineering Technician $90 Program Manager(NPDES) $160 Surveying Senior Water Engineer $150 Engineering Associate $120 Project Manager $160 Engineering Assistant $100 Survey Analyst $130 Plan Checker(Subdivision&survey Document) $140 Clerical Services Construction Management Organizer/Supervisor $95 Administrative Assistant $80 Construction Manager $160 Clerk Typist $70 Resident Engineer $150 Scheduler/Controller $130 Other Charges Senior P.W. Observer $100 P.W.Observer $80 Delivery $95 Technician $80 Mileage(Current Federal guideline rate @ time of Billing)/Mile Utilities Coordinator $110 Travel Cost+ 15% Reimbursements Cost+ 15% Program Management Project Director $165 Program Manager $150 Sr. Program Coordinator $130 Program Assistant $80 Labor Compliance Coordinator $90 Fund Administrator $100 Additional billing classifications may be added to the above list throughout the year as new positions are created. The above schedule is tor straight time. Overtime will be charged at 1.5 times. Sundays and Holidays are charged at 2.0 times the standard time. 18t5E ne e51e 1D0. rite CF92d . ie. ii'4i9 ; 0100. Fnx I .10/00. ._. sa c g leers cur City of Rosemead -General Public Works and Professional Engineering Services INFRASTRUCTURE ENGINEERS EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend,supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or B-1 INFRASTRUCTURE ENGINEERS omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured B-2 INFRASTRUCTURE ENGINEERS endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11.Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. B-3 INFRASTRUCTURE ENGINEERS 13.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14.Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this B-4 INFRASTRUCTURE ENGINEERS 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 A�O CERTIFICATE OF LIABILITY INSURANCE DATE,MMmDmvvl 9/23/2015 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 NAME!CT Marie Swaney Dealey, Renton&Associates PHONE 626-844-3070 IFAX 199 S Los Robles Ave Ste 540 -tur Na Fm• ,____ TALCwPi- Pasadena, CA E'MAII- .mswaney @dealeyrenton.corn Lic#0020739 _ INSURER/5;AFFORDING COVERAGE I MAIOX INSURERA Travelers Property Casualty Co of A 125674 INSURED AAEINCORP INSURER a:American Automobile Ins. Co. _121849 Advanced Applied Engineering, Inc INSURER C:Travelers Indemnity Co. of Connecti 125682 dba: Infrastructure Engineers INSURER 0:Travelers Casual 8 Surety o.Arne 31194 1815 E. Heim Ave,#100 -- —ty-- y - - - --- -- Orange,CA 92865 INSURER E:. 714-940-0100 INSURERF: COVERAGES CERTIFICATE NUMBER: 1592610687 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 POLICES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IAIm'50R'i POLICY BAP I POLICY EXP TYPE OF INSURANCE IN50 WV NUMBER I(MM/DOITYYY) /MMIODIYWY)I LIMITS LC !L COMMERCIAL GENERAL LIABILITY I Y I V 16802850L0550Y 7/25/2015 7/25/2016 EACH OCCURRENCE I $1,000000-_ _- DAMAGE TO RENTED(E $1,000,000 7 CLAIM¢ O I I MAE X OCCUR PREMISES a occurrence X Contractual Lib I MED EXP(Any one person) I $10000 I., I PERSONAL&ADV INJURY $1.000,000 :orvt AGGREGATE LIMIT APPLIES PER ' I GENERAL AGGREGATE $2,000,000 F_• POLICY'. x JECr i LOC ! " PRODUCTS-ODMPIOP AGG $2,000,000 OTHER li 1 I IS A I AUTOMOBILE LIABILITY Y 7/25/2015 ! 7/25/2016 COMBINED SINGLE LIMI] $ 'BA05SBL9BA (Es accdent) 1 000,000 ANY AUTO BODILY INJURY(Per person) 1$ ALL OWNED SCHEDULED I • PUiO I BODILY INJURY(Per ecu ) $ AUTOS I —�AU'GS rvolaowxeo 1 PROPERTY DAMAGE — -- X 1 HIRED AUTOS % AUTOS ! I(Per acc:denl) [S XIINDOwned Auto I �S A X UMBRELLA LIAR X J OCCUR Y Y CUP6793Y117 �725lID15 7/25/2016 EACH OCCURRENCE 1 54.000,000 EXCESS WAS L �CWMS MADE F I :AGGREGATE , 56000,000 DED X I RETENTION 30 1 , $ B i WORKERS COMPENSATION I VWP81027430 1 8/1/2015 8/1/2016 I X r STATUTE , OpH If • AND EMPLOYERS'LIABILITY I PROPRIETOR/PARTNER/EXECUTIVE YI NI'N IAI EL E ACCIDENT 151,000,000 OLFe6RMIEMBER EXCLUDED' J I(Mandatory in NH) . E EA EMPLOYE $1000.000__ . i it IDESSDRISnONOFOr L DISEASE_P T nor'comer OPERATIONS below Fla POLICY LIMrr IS1,DOD,000 D Professional Liability 1105654647 '7/2512015 7/25/2016 131,000,000 per claim 151,000.000 Annual Aggregate Claims Made Porn DESCRIPTION OF OPERAPONS I LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be atldwed it more space is required) General Liability policy excludes claims arising out of the performance of professional services. Umbrella Liability policy is follow-form to underlying GVAU/Employers Liability Policies. Insured owns no company vehicles:therefore, hired/non-owned Auto Liability is the maximum coverage that applies. Re'. General Public Works and Professional Engineering Services in the City of Rosemead, CA-City of Rosemead. its officials, employees and agents are named as an additional insureds as respects general and auto hired/non-owned liability for claims arising from the operations of the named insured as required per written contractor agreement. Coverage afforded the additional insured is primary and non-contributory See Attached... CERTIFICATE HOLDER CANCELLATION 30 Day NOC/l0 Day for NonPay of Prem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Rosemead:Attn: Silvia Llamas, Public Works ACCORDANCE WITH THE POLICY PROVISIONS, 8838 E.Valley Boulevard P.O. Box 399 AUTHORIZED REPRESENTAnVE Rosemead CA 91770 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: AAEINCORP LOC a: ACO O ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED Dealey, Renton&Associates Advanced Applied Engineering, Inc dba.Infrastructure Engineers POLICY NUMBER 1815 E. Heim Ave,#100 Orange, CA 92865 CARRIER NAIC CODE 714-940-0100 EFFECTIVE DATE! ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE_OF LIABILITY INSURANCE as respects to general liability coverage. Insurance coverage includes waiver of subrogation per the attached endorsement(s). SEE CANCELLATION SECTION of Certificate for 30 Day NOC/10 Day for Non-Payment of Premium. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6802860L055 COMMERICAL GENERAL LIABILITY ISSUE DATE:9/23/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Rosemead; Attn: Silvia Llamas, Public Works 8938 E. Va1_ey Boulevard P.O. Box 399 Rosemead CA 91770 PROJECT/LOCATION OF COVERED OPERATIONS: Re: General Public Works and Professional Engineering Services in the City of Rosemead, CA - City of Rosemead, its officials, employees and agents PROVISIONS A The following is added to WHO IS AN INSURED The insurance provided to such additional (Section II): insured is limited as follows: The person or organization shown in the Sched- ule above is an additional insured on this Cover- d. This insurance does not apply to the render- age Part, but only with respect to liability for bad- ing of or failure to render any "professional ily injury", 'property damage" or 'personal injury services". caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on e. The limits of insurance afforded to the addi- your behalf; tional insured shall be the limits which you agreed in that'contract or agreement requir- a. In the performance of your ongoing oper- ing insurance" to provide for that additional ations; insured, or the limits shown in the Declarations for this Coverage Part, b. In connection with premises owned by or whichever are less. This endorsement does rented to you or not increase the limits of insurance stated in the LIMITS OF INSURANCE(Section III) for C. In connection with your work and included this Coverage Part. within the "products-completed operations hazard." B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL Such person or organization does not qualify as LIABILITY CONDITIONS(Section IV): an additional insured for"bodily injury", "property However, if you specifically agree in a contract or damage"or'personal injury'for which that person agreement requiring insurance that, for the addi- or organization has assumed liability in a contract tional insured shown n the Schedule, the insur- or agreement. ante provided to that additional insured under this CG D3 82 09 07 Page ©2007 The Travelers Companies,Inc. Includes the copyrighted material of Insurance Services Office Inc.. with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary injury" arising out of"your work" on or for the basis, or a primary and non-contributory project, or at the location, shown in the basis, this insurance is primary to other Schedule above, performed by you, or on insurance that is available to such additional your behalf, under a "contract or agreement insured which covers such additional insured requiring insurance" with that additional as a named insured, and we will not share insured. We waive these rights only where with the other insurance, provided that: you have agreed to do so as part of the "contract or agreement requiring insurance' (1) The "bodily injury" or"property damage" with that additional insured entered into by for which coverage is sought occurs; you before, and in effect when, the 'bodily and injury" or "property damage' occurs, or the "personal injury" offense is committed. (2) The "personal injury" for which coverage is sought arises out of an offense D. The following definition is added to committed', DEFINITIONS (Section V): after you have entered into that "contract or "Contract or agreement requiring insurance" agreement requiring insurance' for such means that part of any contract or additional insured. But this insurance still is agreement under which you are required to excess over valid and collectible other include the person or organization shown in insurance, whether primary, excess, the Schedule as an additional insured on contingent or on any other basis, that is this Coverage Part, provided that the "bodily available to the additional insured when the injury' and "property damage' occurs, and additional insured is also an additional the "personal injury" is caused by an offense insured under any other insurance. committed: C. The following is added to Paragraph 8. a. After you have entered into that contract Transfer Of Rights Of Recovery Against or agreement; Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV). b. While that part of the contract or agreement is in effect; and We waive any rights of recovery we may have against the additional insured shown in c Before the end of the policy period. the Schedule above because of payments we make for "bodily injury', "property damage"or"personal CG D3 82 09 07 Page 2 O 2007 The Travelers Companies,Inc. Includes the copyrighted material of Insurance Services Office Inc.,with its permission POLICY#.gpq Sy Bnu sA COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s)who are insureds' under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 9/23/2015 Countersigned By: Named Insured: /��/_ ' Advadvanced d A Applied Engineering, Inc 04( Authorized Re.resentative SCHEDULE Name of Person(s)or Organization(s): Re General Public Works and Professional Engineering Services in the City of Rosemead, CA - City of Rosemead, its officials, employees and agents (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 A A E Incorporated dba: Infrastructure Engineers COMMERCIAL AUTO Policy !BA45S3L53A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this required of you by a written contract executed endorsement, the provisions of the Coverage Form prior to any"accident"or"loss', provided that apply unless modified by the endorsement the "accident"or'loss'arises out of the Paragraph 5.Transfer of Right Of Recovery Against operations contemplated by such contract. Others To Us of Me CONDITIONS section is replaced The waiver applies only to the person or by the following: organization designated in such contract. 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent CA T3 40 08 08 ©2008 The Travelers Companies, Inc. 1 DATE ACC01213 CERTIFICATE OF LIABILITY INSURANCE ZS �� mo2o 4 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 NAAMFnCT Marie Swaney Dealey, Renton&Associates PHONE P.H.626-844-3070 _ FAX Nnr rmr Nn 199 S Los Robles Ave Ste 540 E-MAIL mswaney @instlra.wm _ Pasadena,CA 91101 ADDRESS. Lic#0020739 INSURER(S)AFFORDING COVERAGE I NAICY INSURER A Travelers Property Casualty Co of A 25674 INSURED INSURER B American Automobile Ins. Co. _ 21849 Advanced Applied Engineering, Inc CITY OF ROSEMEAD INSURER C Travelers Casualty&Surety Comp. 119038 dba: Infrastructure Engineers AUG 18 2014 INSURER O.Travelers Indemnity Co.of Connect: 25682 1815 E. Heim Ave.#100 Orange,CA 92865 INSURER E 714-940-0100 ,,��''eepp�r( OrT'C4 INSURER F COVERAGES CMIIFlGPLTE NUMBER: 1559436543 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLIdI .O JN64RMICE215TED 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 PE OF INSURANCE —ADOL SJBR POLICY EFF POLICY EXP LIMITS IV LTR POLICY NUMBER IMMIODYYY) (MMIDDIYYYYI D g COMMERCIAL GENERAL LIABILITY Y V 6802860L055 7/252014 ](2$/201$ EACH OCCURRENCE $1.000.000 I CLAIMS-MADE I X I OCCUR I PREMISES]uEocuT occurrence. DAMAGE T E 51 000,000 x Contractual Dab- MED EXP(Any one person) S10000•Lx l XCUlcluded PERSONAL 8 ADV INJURY $1,000,000 I GENL AGGREGATE LIMIT APPLIES PER. GEE AGGREGATE I$2,000,000 POLICY JI T� fl LOC PRODUCTS-COMPIOPAGG 1 $2,000,000 I OTHER'. I $ — A I AUTOMOBILE LIABILITY Y Y BA4580L98A 7:25/2014 7/25/2015 I EUMBINEUSINGLE LIMIT 5100p000 l e ncc.a l)_ 1 ANY AUTO BODILY INJURYIPer parson) 11$ AALLOWNED - SCHEDULED BODILY INJURY(Per occident): HIRED AUTOS " X AUTOS ED ROPERTY DAMAGE $ AUTOS (PEFa--loenll _ l X NOOwned Auto I $ A X UMBRELLA LIAR % OCCUR Y Y I CUP6793Y117 7125/2014 7/25/2015 I EACH OCCURRENCE $4,000,000 EXCESS LIAR I CLAIMS-MADE I AGGREGATE 54.000.000 DED X I RETENTION SO S B WORKERS COMPENSATION y IWZP81011810 B11/2013 9/1/2014 X ' PTATVTE EOTH AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER:EXECUTIVE NIA 1 I F.L.EACH ACCIDENT $1,000.000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) I I E.L DISEASE.EA EMPLOYEE S1.000.000 IDESCRIPToN OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I 51000,000 O Professional Liability 1105654647 7/25/2014 725/201$ $1,000,000 per claim Claims Made Form 51000,000 Annual Aggr DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101.Addinnnal Remans Schedule,may be attached If more space is required) Cancellation Notice:30 day/10 day for non-pay of premium will be mailed to the certificate holder.General Liability policy excludes claims arising out of the performance of professional services. Umbrella Liability policy is follow-form to underlying GL/AU/Employers Liability Policies. Insured owns no company vehicles;therefore, hired/non-owned Auto Liability is the maximum coverage that applies.AM Best's Rating an all policies above:A/XII or greater. See Attached... CERTIFICATE HOLDER CANCELLATION 30 Day NOC/10 Day for NonPay of Prem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Rosemead* ACCORDANCE WITH THE POLICY PROVISIONS. 8838 E.Valley Blvd. Rosemead CA 91770 AUTHORIZED REPRESENTATIVE ID 8-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ACO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 v GENCY NAMED INSURED Oealey,Renton&Associates Advanced Applied Engineering, Inc dba: Infrastructure Engineers POLICY NUMBER 1815 E. Heim Ave.#100 Orange, CA 92865 CARRIER RAC CODE 714-940-0100 EFFECTIVE DATE- ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE RE:General Public Works&Professional Engineering Services. The City of Rosemead, its officers,agents,employees, representatives and designated volunteers are named as additional insured as respects general&auto liability for claims arising from the operations of the named insured.NOTE: Primary and non-contributory wording and Waivers of subrogation apply per attached policy endorsement forms. ACORD 101 (2008101) 02008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 68028601,055 COMMERICAL GENERAL LIABILITY ISSUE DATE:7/18/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Ras 8636 E. Valley Blvd. Rosemead CA 91770 PROJECT/LOCATION OF COVERED OPERATIONS: *completed to read: The City of Rosemead, its officers, agents, employees, representatives and designated volunteers -- RE: General Public works & Professional Engineering Services PROVISIONS A The following is added to WHO IS AN INSURED The insurance provided to such additional (Section II): insured is limited as follows: The person or organization shown in the Sched- ule above is an additional insured on this Cover- d. This insurance does not apply to the render- age Part, but only with respect to liability for bod- ing of or failure to render any "professional ily injury', 'property damage" or 'personal injury services". caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on e. The limits of insurance afforded to the addi- your behalf. tional insured shall be the limits which you agreed in that 'contract or agreement requir- e. In the performance of your ongoing oper- ing insurance" to provide for that additional ations; insured, or the limits shown in the Declarations for this Coverage Part, b. In connection with premises owned by or whichever are less. This endorsement does rented to you;or not increase the limits of insurance stated in the LIMITS OF INSURANCE(Section III)for C. In connection with your work and included this Coverage Partt within the "products-completed operations hazard." B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL Such person or organization does not qualify as LIABILITY CONDITIONS(Section IV): an additional insured for 'bodily injury", "property However, if you specifically agree in a contract or damage"or"personal injury'for which that person agreement requiring insurance that, for the addi- or organization has assumed liability in a contract tional insured shown h the Schedule, the insur- or agreement ante provided to that additional insured under this CG D3 82 09 07 Page I ©2007 The Travelers Companies,Inc. Includes the copyrighted material of Insurance Services Office Inc..with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary injury" arising out of your work" on or for the basis, or a primary and non-contributory project, or at the location, shown in the basis, this insurance is primary to other Schedule above, performed by you, or on insurance that is available to such additional your behalf, under a "contract or agreement insured which covers such additional insured requiring insurance" with that additional as a named insured, and we will not share insured. We waive these rights only where with the other insurance, provided that: you have agreed to do so as part of the "contract or agreement requiring insurance" (1) The "bodily injury" or "property damage" with that additional insured entered into by for which coverage is sought occurs; you before, and in effect when, the "bodily and injury" or "property damage" occurs, or the "personal injury offense is committed. (2) The "personal injury" for which coverage is sought arises out of an offense D. The following definition is added to committed; DEFINITIONS (Section V): after you have entered into that "contract or "Contract or agreement requiring insurance" agreement requiring insurance' for such means that part of any contract or additional insured. But this insurance still is agreement under which you are required to excess over valid and collectible other include the person or organization shown in insurance, whether primary, excess, the Schedule as an additional insured on contingent or on any other basis, that is this Coverage Part, provided that the "bodily available to the additional insured when the injury" and "property damage" occurs, and additional insured is also an additional the "personal injury' is caused by an offense insured under any other insurance. committed: C. The following is added to Paragraph 8. a. After you have entered into that contract Transfer Of Rights Of Recovery Against or agreement; Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): b. While that part of the contract or agreement is in effect; and We waive any rights of recovery we may have against the additional insured shown in c. Before the end of the policy period. the Schedule above because of payments we make for "bodily injury", "property damage" or"personal CG D3 82 09 07 Page 2 ©2007 The Travelers Companies,Inc. Includes the copyrighted material of Insurance Services Office Inc.,with its permission Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured:Advanced Applied Engineering, Inc Policy Number WZP81011810 Producer: Dealey,Renton B Associates Eflbctive Date 7/18/2014 Schedule Person or Organization Job Description City of Rosemead* *completed to read: The City of Rosemead, 8838 E. Valley Blvd. its officers, agents, employees, Rosemead CA 91770 representatives and designated volunteers -- RE: General Public Works & Professional Engineering Services Additional Premium % We have the right to recover our payments from any- You mist maintain payroll records accurately segre- one liable for an injury- covered by this policy. We gating the remuneration of your employees while en- will not enforce our right against the person or gaged in the work described in the Schedule. organization named in the Schedule. (This agreement applies only to the extent that you perform work The additional premium for this endorsement shall be under a written contract that requires you to obtain the percentage, as shown in the Schedule applicable this agreement from us.) to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. Authorized Representative VC040306 POLICY#:EA4SSBL98A COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 7/18/2014 Countersigned By: Advanced d Applied /0i/ Advanced Applied Engineering, Inc /(/�/ (Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): *completed to read: The City of Rosemead, its officers, agents, employees, representatives and designated volunteers -- RE: General Public Works & Professional Engineering Services (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this required of you by a written contract executed endorsement, the provisions of the Coverage Form prior to any"accident"or"loss", provided that apply unless modified by the endorsement the"accident' or"loss'arises out of the Paragraph 5. Transfer of Right Of Recovery Against operations contemplated by such contract. Others To Us of the CONDITIONS section is replaced The waiver applies only to the person or by the following: organization designated in such contract. 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent CA T3 40 08 08 @2008 The Travelers Companies, Inc. Cikl x^� a-3 - j (INFRASTRUCTURE ENGINEERS) This Agreement is made and entered into this 1 st day of August, 2011 (effective date) by and between the City of Rosemead, a municipal organization organized underthe laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ( "City) and Infrastructure Engineers with its principal place of business at 1815 E. Heim Avenue, Ste 100 Orange, CA 92865, ( "Consultant'). City and Consultant are sometimes individually referred to herein as "Party' and collectively as 'Parties." 2. RECITALS 2.1 Consultant Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing General Public Works and Professional Engineering Services to public clients, is licensed in the State of California (if applicable) and is familiar with the plans of City. 2.2 Project City desires to engage Consultant to render such ongoing Public Works and Professional Engineering Services for the City, referred to as "Services" as set forth in this Agreement. 3.1 Scope of Services and Term 3.1.1 General Scope of Services: Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional public works and engineering Public Works /Engineering Services — INFRASTRUCTURE ENGINEERS Page 2 of 10 Services necessary for the Project, herein referred to as "Services ". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term: The term of this Agreement shall commence on the effective date mentioned above until July 31, 2014, as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this agreement is necessary to complete the Services 3.2 Responsibilities of Consultant 3.2.1 Control and Payment of Subordinates; Independent Contractor: The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements: All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel: Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Public Works /Engineering Services — INFRASTRUCTURE ENGINEERS Page 3 of 10 Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative: The City hereby designates the Public Works Director, or his or her designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative: Consultant will designate a designee to act as its representative for the performance of this Agreement ( "Consultant's Representative "). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his /her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Public Works /Engineering Services — INFRASTRUCTURE ENGINEERS Page 4 of 10 3.2.10 Insurance: Consultant shall maintain priorto the beginning of and forthe duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements for all Services rendered under this Agreement, as specified in the attached Consultant proposal (i.e., hourly rates, etc.), but not to exceed $75,000.00 per fiscal year. Such payments for services shall be made on an as- needed basis as directed by the City. Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment and Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ('Prevailing Wage Laws'), which require the Public Works /Engineering Services — INFRASTRUCTURE ENGINEERS Page 5 of 10 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 bythe Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of 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. U . . 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 general Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at anytime and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other Public Works /Engineering Services — INFRASTRUCTURE ENGINEERS Page 6 of 10 address as the respective parties may provide in writing for this purpose: CONSULTANT: Infrastructure Engineers Attn: Sid Mousavi 1815 E. Heim Avenue, Ste 100 Orange, CA 92865 Phone: (714) 940 -0100 CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Chris Marcarello — Director of Public Works Phone: (626) 569 -2118 Fax: (626) 569 -2303 Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be Public Works /Engineering Services — INFRASTRUCTURE ENGINEERS Page 7 of 10 disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification: To the fullest extent permitted bylaw, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity,.to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, and Consultants arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official's officers, employees, agents, or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ Public Works /Engineering Services — INFRASTRUCTURE ENGINEERS Page 8 of 10 other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. . 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to 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 orsubconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required understate law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall Public Works /Engineering Services — INFRASTRUCTURE ENGINEERS Page 9 of 10 have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] Public Works /Engineering Services— INFRASTRUCTURE ENGINEERS Page 10 of 10 By: - �' By: Y,12- tv JO ll J - All ity Manager to atD e Attest. AL C, L/--"k I Gloria Molleda, City Clerk Date Approved as to Form: JaL� � Rachel H. Richman, City Attorney Name: SI J I t ` I oU57 i ✓) Title: /�- ea [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] By: N SEE REQUEST FOR PROPOSAL (RFP) AND CONSULTANT'S PROPOSAL A -1 2011 HOURLY RATE SCHEDULE Principal in Charge Civil Engineering Project Manager Geo- Technical Engineer Senior Engineer Plan Checker Engineering Associate Engineering Assistant Engineering Technician CAD Manager CAD Operator Traffic Engineering Principal Engineer Senior Traffic Engineer Traffic Engineer Plan Checker Engineering Associate Engineering Assistant Engineering Technician CAD Manager CAD Operator Transit Planner Surve ing $185 $140 $140 $120 $95 $85 $75 $70 $100 $70 $140 $120 $110 $95 $90 $75 $70 $100 $70 $99 Surveyor Party Chief $175 Survey Crew - 2 person $225 Survey Crew - 3 person $275 Survey Analyst $90 Plan Checker (Subdivision & Survey Document) $95 Construction Management Construction Manager $120 Resident Engineer $120 Scheduler /Controller $95 Senior Inspector $75 Inspector $65 Technician $55 Other Charges Delivery $65 Mileage $0.60 /Mile Travel Cost + 15% Reimbursements Cost + 15% Interim City Manager Assistant /Deputy City Manager Program Management Project Director Program Manager Program Supervisor Sr. Program Coordinator Program Coordinator Program Assistant Municipal Engineering Support City Engineer City Traffic Engineer Deputy Engineer Dep. City Traffic Engineer Engineering Manager Plan Checker Public Relations PR Project Principal PR Project Manager PR Coordinator PR Assistant Graphic Designer Market Research Coordinator Market Research Assistant Media Relations Manager Web Programming Illustration Building & Safety Building Official Plan Check Engineer Senior Building Inspector Building Inspector Technician Clerical Organizer /Supervisor Clerk Typist Additional billing classifications may be added to the above list throughout the year as new positions are created. The above schedule is for straight time. Overtime will be charged at 1.5 times. Sundays and holidays are charged at 2.0 times the standard time. $185 $155 $145 $125 $105 $100 $85 $66 $125 $125 $115 $115 $95 $95 $140 $120 $80 $65 $99 $85 $65 $135 $105 $105 $155 $140 $89 $75 $45 $63 $50 Overview of Public Works Functions General Engineering Services • Plan Review for public improvement projects —streets, sewer, storm drains, signals, signs, striping, traffic control, grading • Plan Review for land development projects —final maps, subdivision map act documents • Establish bond amounts — performance, I /m, grading, development fees • Review /Recommend regulations and ordinances related to engineering functions • Recommend /Prepare /Administer grant applications for construction projects • Oversee Storm Water /NPDES functions • Prepare design plans and specifications for public projects • Provide assistance to other City Departments, City Council, and Traffic Commission; attend public meetings as needed GIS System Management • Manage and update system • Add layers and integrate into system • Create maps for other City Departments Traffic Engineering Services • Plan Review for development projects — assess traffic impacts • Prepare design plans and specifications for public projects • Recommend traffic safety improvements — parking, signage, speed limits, traffic calming devices (control devices, stop signs, speed bumps, cross walks, pedestrian /bikeway safety, channelization) • Recommend improvements /correction action at locations with high accident rates • Recommend /Prepare /Administer grant applications for traffic safety and public improvements • Review /Recommend regulations and ordinances related to traffic engineering functions • Recommend improvements for maintenance of traffic signals, signage, and roadway markings (using FHWA's Manual on Uniform Traffic Control Devices) • Provide assistance to other City Departments, City Council, and Traffic Commission; attend public meetings as needed • Review Traffic Impact and Parking Analysis (completed in conjunction with proposed projects) • Ensure compliance with City traffic study requirements and City Congestion Management Plan (CMP) • Conduct/Review traffic forecasting methodology • Conduct intersection capacity analysis /project impact • Recommend mitigation measures • Review Site Access of Projects • On -site circulation sizing (internal network, drive aisle width, orientation and throat dimension) • Review driveway locations on bordering arterials and site dimensions • Review traffic control at site access points and key internal locations — spacing, sight lines, left turn provisions, right turn restrictions, control measures Capital Improvement Project Program • Prepare /Oversee design, plans, specifications, estimates, and contract documents for projects — streets /public right -of -way and facilities /parks • Conduct design survey, construction survey, and construction observation for projects • Coordination with utility agencies • Coordination with regional agencies (County, State, etc) • Provide field inspection services and accept completion of work once finished Inspection /Permitting Services ® Provide construction observance of work in public right -of -way Maintenance Services • Parks Maintenance • Vehicle Maintenance • Facility Maintenance • Trees Maintenance • Street Sweeping • Sidewalk, Curb and Gutter Maintenance • Hazardous Waste /Illegal Dumping Clean -up • Graffiti Removal ® Street Striping Survey Services Survey base mapping and construction staking; Design surveying, photo control, aerial mapping, centerline surveys, corner records, Record of Survey Geotechnical Services ® Perform soils and materials tested ACORD CERTIFICATE OF LIABILITY INSURANCE DATE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE 2O llIYY) 9 6 2011 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 199 S Los Robles Ave Ste 540 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Pasadena, CA 91101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 626 844 -3070 INSURED INSURER& Travelers Property Casualty Cc of Ameri Advanced Applied Engineering, Inc INSURERS: American Automobile Ins. Co. dba: Infrastructure Engineers 1815 E. Heim Ave. #100 INSURER C: Travelers Casualty & Surety Comp. INSURER D: Travelers Indemnity Co. of Connecticut Orange, CA 92865 INSURER E: COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTMDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICYEXPIRATION LIMITS D GENERAL LIABILITY 680286OLOSS 7/25/2011 7/25/2012 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $300,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Kj OCCUR MED EXP(Any one parson) $5,000 PERSONAL S ADV INJURY $1,000,000 • Contractual List, • IXCU Included GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY X PRO- LOC • AUTOMOBILE LIABILITY ANY AUTO BA45881,98A 7/25/2011 7/25/2012 COMBINED SINGLE LIMIT (E.moidept) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ xi HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ No Owned Autos GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGO • EXCESS LIABILITY CUP6793YI17 7/25/2011 7/25/2012 EACH OCCURRENCE $4,000,000 j{ OCCUR CLAIMS MADE AGGREGATE $4,000,000 $ DEDUCTIBLE $ X RETENTION $0 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80996138 8/1/2011 8/1/2012 X `"a SITATir GER E.L. EACH ACCIDENT $1 000,000 E.L. DISEASE -FA EMPLOYE $1 000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 L, OTHER Professional Liability 105654647 7/25/2011 7/25/2012 $1,000,000 per claim $1,000,000 Annual Aggr DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Excess Liability is follow -form to underlying GL /AU /Employers Liability Policies. E: General Public Works & Professional Engineering Services. The City of Rosemead, its officers, agents, employees, representatives and designated volunteers are named as additional insured as respects general & auto liability for claims arising from the operations of the named insured. NOTE: Primary and non - contributory wording and Waivers of subrogation apply per attached policy endorsement forms. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATIONIO Day Notice for Nnn- Pavmnt of Prem ACORD 25 -S (7/97) WCORD CORPORATION 1988 J SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Rosemead WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER 8838 E. Valley Blvd. NAMED TO THE LEFT. Rosemead CA 91770 AUTHORIZED REPRESENTATIV ACORD 25 -S (7/97) WCORD CORPORATION 1988 J POLICY NUMBER: 68028607.055 COMMERICAL GENERAL LIABILITY ISSUE DATE: 9/6/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORi This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Rosemead 8838 E. Valley Blvd. Rosemead CA 91770 PROJECT /LOCATION OF COVERED OPERATIONS: RE: General Public Works & Professional Engineering Services -- The City of Rosemead, its officers, agents, employees, representatives and designated volunteers PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", 'property damage' or 'personal injury caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing oper- ations; b. In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products- completed operations hazard" Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' forwhich that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services ". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance' to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a contract or agreement requiring insurance that, for the addi- tional insured shown h the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 Page I © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage' for which coverage is sought occurs; and (2) The 'personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance' for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury ", 'property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance' with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance' with that additional insured entered into by you before, and in effect when, the "bodily injury' or 'property damage' occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and 'property damage" occurs, and the "personal injury' is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 09 07 Page 2 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission POLICY #: 6A4588L98A COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds' under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 9/6/2011 Countersigned By: Named Insured: Advanced Applied Engineering, Inc Authorized Representative) SCHEDULE Name of Person(S) or Organization(S): RE: General Public Works & Professional Engineering Services -- The City of Rosemead, its officers, agents, employees, representatives and designated volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured: Advanced Applied Engineering, Inc Policy Number WZP80996138 Producer: Dealey, Renton & Associates Effective Date 9/6/2011 Schedule Person or Organization City of Rosemead 8838 E. Valley Blvd. Rosemead CA 91770 Additional Premium % We have the right to recover our payments from any- one liable for an injury- covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) Authorized Representative WC040306 Job Description RE: General Public Works & Professional Engineering Services -- The City of Rosemead, its officers, agents, employees, representatives and designated volunteers You must maintain payroll records accurately segre- gating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement sball be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph S. Transfer of Right Of Recovery Against Others To Us of the CONDITIONS section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident' or "loss ", provided that the "accident' or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. CA T3 40 08 08 ©2008 The Travelers Companies, Inc. Client #: 8802 AAEINCORP ACORDTM CERTIFICATE OF LIABILITY INSURANCE ZS DATE (MM /DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 08/14/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER O NAMEACT Marie Swaney Dealey, Renton & Associates PHONE FAX 199 S Los Robles #540 a 9 1 A/C, No Exl : A/C, No): MA . D waney @insdra.com Pasadena, CA 91101 � � 1� EACH OCCURRENCE $110001000 , TA 626- 844 -3070 ¢ a �1SEI �} INSURER(S) AFFORDING COVERAGE NAIC # ravelers Indemnity Co. of Conn 25682 INSURE D Advanced Applied Engineer ng, Inc � A06 k ravelers Property Casualty Co 25674 Automobile Ins. Co. 21849 $10,000 merican 4INSURER $1,000,000 ravelers Casualty & Surety Com 19038 dba: Infrastructure Enginee s L _�� 1815 E. Heim Ave., Suite 10 0 CT 4W F ' - • Orange, CA 92865 GENERAL AGGREGATE COVERAGES CERTIFI I REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD /YYYY LIMITS A GENERAL LIABILITY X X 680286OL055 7125/2012 07/25/2013 EACH OCCURRENCE $110001000 PREMISES (E. occurrrence ) $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXI OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 • Contractual Llab - • XCU Included GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY X PRO LOC JECT $ B AUTOMOBILE LIABILITY x x BA4588L98A 7/25/2012 07/25/201 (CEO, accMBINED ident S INGLE LIMIT $ > OOO > 1 000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per accident $ X HIRED AUTOS X NON -OWNED AUTOS $ X o Owned Auto B X UMBRELLA LIAB X OCCUR x X CUP6793Y117 7/25/2012 07/25/2013 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? N/A x WZP81005259 8/0112012 08/01/2013 X 7/ORYTLIMITS ERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional 105654647 7125/2012 07/25/201 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) General Liability policy excludes claims arising out of the performance of professional services. Umbrella Liability policy is follow -form to underlying GL /AU /Employers Liability Policies. Insured owns no company vehicles; therefore, Hired /non -owned Auto Liability is the maximum coverage that applies. RE: General Public Works & Professional Engineering Services. *The City of Rosemead, its officers, agents, employees, representatives and designated volunteers are named as additional insured as respects (See Attached Descriptions) City of Rosemead SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 8838 E. Valley Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. Rosemead, CA 91770 AUTHORIZED REPRESENTATIVE @ 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S358693/M358678 MGS DESCRIPTIONS (Continued from Page 1) general & auto liability for claims arising from the operations of the named insured. NOTE: Primary and non contributory wording and Waivgrs of subrogation apply per attached policy endorsement forms. SAGITTA 25.3 (2010105) 2 of 2 #S358693/M358678 POLICY NUMBER: 680286OL055 COMMERICAL GENERAL LIABILITY ISSUE DATE: 07/25/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 PROJECT/LOCATION OF COVERED OPERATIONS: 'The City of Rosemead, its officers, agents, employees, representatives and designated volunteers -- RE: General Public Works & Professional Engineering Services PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for "bod- ily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury ", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services ". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERICAL GENERAL LIABILITY J Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi- tional insured. , But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional in- sured when the additional insured is also an addi- tional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury ", "property damage" or "personal injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal in- jury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs, and the "personal injury" is caused by an of- fense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 82 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: BA45881-98A COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 07/25/2012 Named Insured Countersigned by Advanced Applied Engineering, Inc SCHEDULE Name of Person(s) or Organization(s): (Authorized Representative) *The City of Rosemead, its officers, agents, employees, representatives and designated volunteers -- RE: General Public Works & Professional Engineering Services (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Advanced Applied Engineering, Inc BA4588L98A COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph 5. Transfer of Rights Of Recovery Against Others To Us of the CONDITIONS section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss ", provided that the "accident" or 'loss" arises out of the operations contemplated by such contract. The waiver ap- plies only to the person or organization desig- nated in such contract. *The City of Rosemead, its officers, agents, employees, representatives and designated volunteers -- RE: General Public Works & Profession CA T3 40 08 08 © 2008 The Travelers Companies, Inc. Page 1 of 1 Insured: Advanced Applied Engineering, Inc Policy Number: WZP81005259 Effective Date: 08/01/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description *The City of Rosemead, its officers, agents, employees, representatives and designated City of Rosemead volunteers -- RE: General Public Works & Professional Engineering Services 8838 E. Valley Blvd. Rosemead, CA 91770 Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: CERTIFICATE OF LIABILITY INSURANCE j °�i' 2010 TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I To TYPE OF INSURANCE 8 PRODUCER POLICY EXPIRATION DATE IMMIDOfYYi THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates "T ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE S Los Robles Ave Ste 540 "+'-+ -°� ^- .",.r` a ,?14 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR dens, CA 91101 t:.�'3 � -� ,f � �- `�,' - p ALT RTHE COVERAGE AFFORDED BY THE POLICIES BELOW. � �T, 6 844 -3070 I` "�^�' ai� `_ - �..i��*�('i�'y -: -�; INSURERS AFFORDING COVERAGE INSURED ! INSURERA: ra elers Property Casualty Cc of Ameri iNWRER B: Ame icon Automobile Ins. Co. A A E Incorporated l _ 1815 E. Heim Ave., Suite 100j.''.._. (',7,..45 INSURERC:AC American Insurance Company Orange CA 92865 L„ -'jr _.... ._ , Nsud Tr velers Indemnit Co. of Connecticut k ` ,? • "" {{eRD: Fy'J' / GENERAL AGGREGATE COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURE NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I To TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE fMWDDMI POLICY EXPIRATION DATE IMMIDOfYYi LIMITS D GENERAL LIABILITY G80286OL055 7/25/2010 5-/--25F2o-1-D EACH OCCURRENCE $1 000 000 FIRE DAMAGE (Any one fire) $1 000 000 X COMMERCIAL GENERAL LIABILITY MED EXP(Any one person) $10 1000 CLAIMS MADE E OCCUR PERSONAL B ADV INJURY $1 000 000 GENERAL AGGREGATE $ GEN'L AGGREGATE POLICY LIMIT APPLIES PER X PRO- I LOC PRODUCTS - COMPIOP AGG $2 000,000 A AUTOMOBILE LIABILITY ANY AUTO BA4588L98A 7/25/2010 7/25/2011 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNEDAUTOS PROPERTY DAMAGE (Per additlen0 i $ i GARAGE LIABILITY AUTOONLY- EAACCBENT $ THAN EA ACC $ ANY AUTO $ AUTO ON AUTO ONLY ASS A EXCESS LIABILITY CUP6793YI17 7/25/2010 7/25/2011 EACH OCCURRENCE $4,000.000 AGGREGATE $¢ 000,000 X OCCUR FI CLAIMS MADE 3 8 DEDUCTIBLE $ X RETENTION $0 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80984839 8/1/2010 8/1/2011 ,X WR STAN- OTH- E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE -EA EMPLOYEE $1 000 000 E.L. DISEASE - POLICY LIMIT 1 $ OQ OQO L, OTHER Professional Liability G23632299005 - 7/25/2010 7/25/2011 $1,000,000 per claim $1,000,000 annual aggr DESCRIPTION OF OPERATIO_NS/LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS E: On -Call Professional EngineeringServic The City of Rosemead, its officers, agents, employees, representatives nd des>.gna[ed volunteers are named as _ additional insured as respects general & auto liability for claims arising from he operations of the named insured. Primary wording and waiver apply per attached forms. WC Waiver applies per attached form. INSURER LETTER: City of Rosemead 8838 E. Valley Blvd. Rosemead CA 91770 ACORD 25 -S D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED E THE EXPIRATION DATE THEREOF, THE ISSUING INSURER MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER TO THE LEFT. AUTHORIZED ACORD CERTIFICATE OF LIABILITY INSURANCE j 8/11` 20 0' PRODUCER Dealey, Renton & Associates 199 S Los Robles Ave Ste 540 Pasadena, CA 91101 626 844 -3070 i CITY QTi RQ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE tsHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR IIAC COVERAGE AFFORDED BY THE POLICIES BELOW. //T}J./E/R,THE , INSURERS AFFORDING COVERAGE INSURED AIM, n 9 A A E Incorporated �u 2pNSURERB: 1815 E. Heim Ave., Suite 100 CITY CL � Orange CA 92865 ER r By S INSURER A: Tra elers Pro ert Casualty Cc of Ameri Ame ican Automobile Ins. Co. - I INSURER C:AC American Insurance Company N uRERD�Tr velers Indemnity Co. of Connecticut I 7/25/2011 ` INSU EH'. COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INEURE13 NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY E %PIRATION LIMITS D GENERAL LIABILITY 680286OL055 7/25/2010 7/25/2011 EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE (Any one fire) $1,000, 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MED E%P(Any one person) $10,000 PERSONAL B ADV INJURY $1, QQQ, 000 GENERAL AGGREGATE $2, -000_, 000 G 1 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $2, 000, 000 POLICY IX PRO n LOC A AUTOMOBILE LIABILITY ANY AUTO BA4588L98A 7/25/2010 7/25/2011 COMBINED SINGLE LIMIT (Ea accident) $1, 000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY (Per accitlent) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LLIIABIILITY AUTO ONLY - EA ACCIDENT OTHER THAN EA $ ANY $ AUTO ONLY: AGG A EXCESS LIABILITY CUP6793YI17 7/25/2010 7/25/2011 EACH OCCURRENCE 1$4,000,000 X OCCUR F—ICLAIMS MADE AGGREGATE $4, _0QQ 000 $ DEDUCTIBLE $ X RETENTION $0 $ COMPENSATION AND WZP60984839 8/1/2010 8/1/2011 X WYA OTH- E 1 $1, 000 000 IWORKERS EMPLOYERS' LIABam E.L. EACH ACCIDENT EL.DISEASE- EAEMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT 1 $1 QQQ QQQ C OTHER Professional Liability G23632299005 7/25/2010 7/25/2011 $1,000,000 per claim $1,000,000 annual aggr DESCRIPTION OF OPERATIONS ILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS E: On -Call Professional Engineering Services. The City of Rosemead, its officers, agents, employees, representatives and designated volunteers are named as additional insured as respects general & auto liability for claims arising from the operations of the named insured. Primary wording and Waiver apply per attached forms. WC Waiver applies per attached form. INSURER LETTER: City of Rosemead 6838 E. Valley Blvd. Rosemead CA 91770 A! ^DI1 7S _C 17107% D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED E THE EXPIRATION DATE THEREOF, THE ISSUING INSURER MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER TO THE LEFT. AUTHORIZED POLICY NUMBER: 680286OL0SS COMMERICAL GENERAL LIABILITY ISSUE DATE: 8/11/2010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Rosemead 8838 E. Valley Blvd. Rosemead CA 91770 PROJECT /LOCATION OF COVERED OPERATIONS: RE: On -Call Professional Engineering Services. The City of Rosemead, its officers, agents, employees, representatives and designated volunteers are named as additional insured as respects general & auto liability for claims arising from the operations of the named insured. PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", 'property damage" or 'personal injury caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing oper- ations; b. In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products- completed operations hazard." Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services ". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a contract or agreement requiring insurance that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 Page t © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we' will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance' for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury' arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage' occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage' occurs, and the "personal injury' is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 09 07 Page 2 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission CITY OF ROSEMEAD PROFESSIONAL SERVICES AGREEMENT FOR ON -CALL PROFESSIONAL ENGINEERING SERVICES PARTIES AND DATE. This Agreement is made and entered into this 5`h day of June, 2008 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 AAE, Incorporated with its principal place of business at 1815 E. Heim Avenue, Ste. 100, Orange, CA 92865 ( "Consultant'). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." RECITALS. 2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional Consultantural services required by the City on the terms and conditions set forth in this Agreement. Consultant warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Consultant is a corporation or other organization, the Project Consultant designated pursuant to Section 3.2, and not the Consultant itself, shall be fully licensed to practice as an Consultant in the State of California. TERMS 3.1 Employment of Consultant. 3.1.1 Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Consultantural and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as "Services "). The Services are more particularly described throughout this Agreement, including Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Consultant shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld. 3.1.2 Term. The term of this Agreement shall be from June 9, 2008 to June 8, 2010, with a City option to extend this agreement for an additional 3 (three), 1 (one) year extensions, unless earlier terminated as provided herein. Consultant shall 0 AAE, Incorporated Page 2 of 38 • complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Project Consultant; Key Personnel. 3.2.1 Project Consultant. Consultant shall name a specific person to act as Project Consultant, subject to the approval of City. Consultant hereby designates Raymond R. Abassi (License No. C48091) to act as the Project Consultant for the Project. The Project Consultant shall: (1) maintain oversight of the Services at all times; (2) have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Consultant shall be subject to the City's prior written approval, which approval shall not be unreasonably withheld. The new Project Consultant shall be of at least equal competence as the prior Project Consultant. In the event that City and Consultant cannot agree as to the substitution of a new Project Consultant, City shall be entitled to terminate this Agreement for cause. 3.2.2 Key Personnel. In addition to the Project Consultant, Consultant has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Consultant may substitute others of at least equal competence upon written approval of the City. In the event that City and Consultant cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows: Sid J. Mousavi 3.3 Hiring of Consultants and Personnel. 3.3.1 Right to Hire or Employ. Consultant shall have the option, unless City objects in writing after notice, to employ at its expense Consultants, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and /or administration of the Project, and to delegate to them such duties as Consultant may delegate without relieving Consultant from administrative or other responsibility under this Agreement. Consultant shall be responsible for the coordination and cooperation of Consultant's Consultants, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Consultant shall notify City of the identity of all AAE, Incorporated Page 3 of 38 0 consultants at least fourteen (14) days prior to their commencement of work in order to allow City time to review their qualifications and decline consent to their participation on the Project if deemed necessary by City in its sole and reasonable discretion. 3.3.2 Qualification and License. All Consultants, engineers, experts and other consultants retained by Consultant in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law. 3.3.3 Standards and Insurance. All Consultants, engineers, experts and other consultants hired by Consultant shall be required to meet the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Consultant's agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.3.4 Assignments or Staff Changes. Consultant shall promptly obtain written City approval of any assignment, reassignment or replacement of such Consultants, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Consultant's consultants and key personnel shall be subject to approval by City. 3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Consultant at Consultant's sole expense. 3.4 Standard of Care. 3.4.1 Standard of Care. 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 qualified to perform the Services in the same discipline in the State of California, and shall be fully responsible to City for any damages to City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Consultant shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all of its employees, Consultants, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees, Consultants, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them, 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 0 AAE, Incorporated Page 4 of 38 0 correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.4.2 Performance of Employees. Any employee or consultant who is reasonably 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 or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project. 3.5 Laws and Regulations. 3.5.1 Knowledge and .Compliance. Consultant shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Consultant by law. Consultant shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its 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, 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. 3.5.2 Drawings and Specifications. Consultant shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including, but not limited to, the (California) Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit "A" attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services. Consultant shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit "A" attached hereto. 3.5.3 Americans with Disabilities Act. Consultant will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act ( "ADA "). Consultant shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide City with its interpretation of such inconsistencies and conflicting interpretations. Unless Consultant brings such inconsistencies and conflicting interpretations to the attention of the City and requests 0 AAE, Incorporated Page 5 of 38 0 City's direction on how to proceed, the Consultant's interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Consultant, and the Consultant shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. If Consultant brings such inconsistencies and conflicting interpretations to the attention of the City and request's City's direction on how to proceed, Consultant shall be responsible to the City only pursuant to the indemnification provision of this Agreement. City acknowledges that the requirements of the federal and state accessibility laws are subject to various and possibly contradictory interpretations, and that the Consultant cannot warrant or guarantee that its interpretation will be correct. Consultant will adhere to the standard of care provided for in this Agreement and will use its reasonable professional efforts and judgment in making its interpretations. 3.5.4 Permits, Approvals and Authorizations. Consultant shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Consultant shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City. 3.6 Independent Contractor. 3.6.1 Control and Payment of Subordinates. City retains Consultant on an independent contractor basis and Consultant is not an employee of City. Consultant is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City's employees. 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. 3.7 Schedule of Services. 3.7.1 Timely Performance Standard. Consultant shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein. Specifically, Consultant shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Consultant agrees to coordinate with City's staff, contractors and consultants in the performance of 0 AAE, Incorporated Page 6 of 38 0 the Services, and shall be available to City's staff, contractors and consultants at all reasonable times. 3.7.2 Performance Schedule. Consultant shall prepare an estimated time schedule for the performance of Consultant's Services, to be adjusted as the Project proceeds. Such schedule shall be subject to the City's review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City's review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Consultant cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule, including any excusable delays, shall not be exceeded by Consultant without the prior written approval of City. If the Consultant's Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Consultant will be responsible pursuant to the indemnification provision of this Agreement. 3.7.3 Excusable Delays. Any delays in Consultant's work caused by the following shall be added to the time for completion of any obligations of Consultant: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Consultant; and (5) any act of God or other unforeseen occurrence not due to any fault or negligence on the part of Consultant. 3.7.4 Request for Excusable Delay Credit. The Consultant shall, within ten (10) calendar days of the beginning of any excusable delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement), notify the City in writing of the causes of delay. City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole and reasonable judgment, the findings of fact justify such an extension. The City's findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Consultant make an application for an extension of time, Consultant shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time. 3.8 Additional Consultant Services. 3.8.1 Request for Services. At City's request, Consultant may be asked to perform services not otherwise included in this Agreement, not included within the 0 AAE, Incorporated Page 7 of 38 0 basic services listed in Exhibit "A" attached hereto, and /or not customarily furnished in accordance with generally accepted Consultantural practice. 3.8.2 Definition. As used herein, "Additional Services" mean: (1) 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 for the Consultant to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit "A" attached hereto. Consultant shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Consultant as to the scope and compensation to be paid for such services. City shall pay Consultant for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Consultant pursuant to the indemnification provision of this Agreement. 3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Consultant was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to: 3.8.3.1 Separately Bid Portions of Project. Plan preparation and /or administration of work on portions of the Project separately bid. 3.8.3.2 Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents. 3.8.3.3 Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Consultant to detect and report such matters when it reasonably should have done so shall not be compensated. 3.8.3.4 Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Consultant. 3.8.3.5 Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Consultant is not a party. 3.8.3.6 Damage Repair. Supervision of repair of damages to any structure. 1 AAE, Incorporated Page 8 of 38 3.8.3.7 Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Consultant's services for the Project. 3.8.3.8 Inspection Services. Professional inspection services, as required, in strict accordance with all applicable local, state and federal laws, rules and regulations. 3.9 City Responsibilities. City's responsibilities shall include the following: 3.9.1 Data and Information. City shall make available to Consultant all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Consultant with a preliminary construction budget ( "City's Preliminary Construction Budget "). 3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Consultant, City shall furnish Consultant with, or direct Consultant to procure at City's expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information. 3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project. 3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications. 3.9.5. Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental /hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations. 3.9.6. Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project. 3.9.7 City's Representative. Designate a person to act as its representative for the performance of this Agreement ( "City's Representative "). The City's Representative shall be authorized to act as liaison between Consultant and City in the administration of this Agreement and the Construction Documents, and shall have AAE, Incorporated Page 9 of 38 0 the power to act on behalf of the City for all purposes under this Agreement. Such person shall assist Consultant in observing construction of the Project and participating in the preparation of the Punch List Items required by Exhibit "A" attached hereto. City may designate new and /or different individuals to act as City's Representative from time to time. The City's Representative shall render decisions in a timely manner so as to avoid unreasonable delay in the orderly and sequential progress of the Services, as provided in the excusable delay provisions of this Agreement above. 3.9.8 Review and Approve Documents. Review all documents submitted by Consultant, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Consultant of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above. 3.10 Compensation. 3.10.1 Consultant's Compensation for Basic Services. Subject to adjustment under Exhibit "B" attached hereto, City shall pay to Consultant for the performance of all Services rendered under this Agreement on a time and expense not- - to- exceed basis, in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit "B" and incorporated herein by reference ( "Total Compensation "). The Total Compensation shall constitute complete and adequate payment for the Services Provided under this Agreement. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for services performed in accordance with this Agreement, including all reimbursable items and subconsultant fee, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. 3.10.2 Payment for Additional Services. Additional Services may be authorized pursuant to the applicable provisions of this Agreement. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit "B" attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. Consultant shall be paid for Additional Services, as defined by this Agreement, so long as they have been approved in advance by the City. If City requires Consultant to hire consultants to perform any Additional Services, Consultant shall be compensated therefore at the rates and in the manner set forth in Exhibit "B" attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Consultant shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3. 9 AAE, Incorporated Page 10 of 38 3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit "B" attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Consultant in the interest of the Project. Consultant shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out -of -town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; and (4) bid document duplication costs. 3.10.4 Payment to Consultant. Consultant's compensation and reimbursable expenses shall be paid by City to Consultant no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit B and the compensation rates indicated in Exhibit B attached hereto and incorporated herein by reference. In order to receive payment, Consultant shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Consultant shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit B attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner. Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Consultant shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services 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 thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner. Upon cancellation or termination of this Agreement, Consultant shall be compensated as set forth in the termination provision herein. 0 AAE, Incorporated Page 11 of 38 0 3.10.5 Withholding Payment to Consultant. The . City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the intentional or negligent acts, errors or omissions protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City's right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefore, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Consultant is liable under the Agreement or state law. Payments to the Consultant for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Consultant shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Consultant's reasonable control. 3.10.6 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with and to require its consultants 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 claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Consultant or its consultants to comply with the Prevailing Wage Laws. 3.11 Notice to Proceed. Consultant shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed. 3.12 Termination, Suspension and Abandonment. 3.12.1 City's Termination for Convenience; Consultant's Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Consultant shall be 0 AAE, Incorporated Page 12 of 38 9 provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Consultant shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Consultant. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Section 3.12, except as set forth herein, in the event of such suspension, abandonment or termination. Consultant may terminate this Agreement for substantial breach of performance by the City, such as failure to make payment to Consultant as provided in this Agreement. 3.12.2 City's Suspension of Work. If Consultant's Services are suspended by City, City may require Consultant to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Consultant. 3.12.3 Documents and Other Data. Within Seven (7) calendar days following suspension, abandonment or termination of this Agreement, Consultant shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Consultant's Services under this Agreement. Upon payment of the amount required to be paid to Consultant pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Consultant under this Agreement. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Project Documents to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. Consultant shall make such documents available to City without additional compensation other than as may be approved as a reimbursable expense. 3.12.4 Employment of other Consultants. 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. 3.13 Ownership and Use of Documents; Confidentiality. 3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, Consultantural presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, E AAE, Incorporated Page 13 of 38 u physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the "Project Documents ") shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Consultant or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Consultant shall provide to City copies of all Project Documents required by City. In addition, Consultant shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.13.2 Right to Use. Consultant grants to City the right to use and reuse all or part of the Project Documents, at City's sole discretion with no additional compensation to Consultant, for the construction of all or part of this Project. City is not bound by this Agreement to employ the services of Consultant in the event such documents are used or reused. City shall be able to use or reuse the Project Documents for their intended purposes or to otherwise complete this Project, if necessary, without risk of liability to the City. However, any use or reuse by City of the Project Documents for other than their intended use or on any project other than this Project without employing the services of Consultant shall be at City's own risk. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Consultant's seal from the Project Documents and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Project Documents on such other project. Consultant shall be responsible and liable for its Project Documents, pursuant to the terms of this Agreement, only with respect to the condition of the Project Documents at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Project Documents made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.13.3 License. This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Consultant shall require any and all subcontractors and consultants to agree in writing that City is granted a non - exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement. 3.13.4 Right to License. Consultant represents and warrants that Consultant has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Consultant prepares or causes to be prepared pursuant to this Agreement. Consultant shall indemnify and hold 0 AAE, Incorporated Page 14 of 38 0 City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Consultant makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Consultant and provided to Consultant by City. 3.13.5 Confidentiality. All Project Documents, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Project Documents 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 written consent of City. 3.14 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, consultants, and consultant arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City; and its directors, officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs — incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials; officers, employees, agents, or volunteers. 0 AAE, Incorporated Page 15 of 38 3.15 Insurance. L, 3.15.1 Time for Compliance. Consultant shall maintain prior to the beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit C attached to and part of this agreement. 3.16 Records. 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 five (5) years from the date of final payment under this Agreement. 3.17 Standardized Manufactured Items. Consultant shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City's criteria to the extent such criteria do not interfere with building design. 3.18 Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above and as determined at the time the schematic drawings and site utilization plans are approved. Any subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for Consultantural services between City and the Consultant chosen therefore by City. 3.19 Mediation. Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties. 3.20 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 0 AAE, Incorporated Page 16 of 38 3.21 Asbestos Certification. 0 Consultant shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos - containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Consultant prepares for the Project. Consultant shall require all consultants who prepare any other documents for the Project to submit the same written certification. Consultant shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Consultant shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included. 3.22 No Third Party Rights. This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein. 3.23 Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in Los Angeles County. 3.24 Entire Agreement. This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. 3.25 Severability. Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. 0 • AAE, Incorporated Page 17 of 38 3.26 Non - Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 3.27 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 its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed. 3.28 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 CITY: AAE, Incorporated 1815 E. Heim Avenue, Ste. 100 Orange, CA 92823 Attn: Raymond R. Abassi City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Chris Marcarello 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. 3.29 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 reasonable costs of such action, including expert witness fees and expenses. 0 AAE, Incorporated Page 18 of 38 3.30 Time of Essence. 0 Time is of the essence for each and every provision of this Agreement. 3.31 City's Right to Employ Other Consultants. City reserves right to employ other consultants, including Consultants, in connection with this Project or other projects. 3.32 Prohibited Interests. 3.32.1 Solicitation. 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. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. 3.32.2 Conflict of Interest. For the term of this Agreement, no director, official, 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. 3.33 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law. 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. 3.34 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. E AAE, Incorporated Page 19 of 38 3.35 Subcontracting. E As specified in this Agreement, Consultant shall not subcontract any portion of the Services 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 each and every provision of this Agreement. 3.36 Supplemental Conditions. Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference. r1 u AAE, Incorporated Page 20 of 38 CITY OF ROSSEMEAD By: / Glona Molleda City Clerk Approved as to Form: 02108 Document8 AAEINCORPORATED By: —� Name: �. (CA, DGcSaV C LE: c2 Title: 9—f eev� ri EXHIBIT A CONSULTANT'S SCOPE OF SERVICES 1. GENERAL REQUIREMENTS. 1.1 Basic Services. Consultant agrees to perform all the necessary professional Consultantural, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services) and construction administration services for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein. 1.2 Exclusions from Basic Services. The following services shall be excluded from the basic services listed above: cost estimating, surveying, landscaping design services, asbestos abatement and civil, structural, mechanical and plumbing engineering;. 1.3 Additional Services. Consultant shall perform the following Additional Services for the Project: not applicable 1.4 Communication with City. Consultant shall participate in consultations and conferences with authorized representatives of City and /or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractors warranty period. Consultant shall take direction only from the City's Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City. 1.5 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Consultant will be fully aware of the duties and responsibilities of the construction manager. The Consultant shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Consultant shall request clarification from the City in writing if the Consultant should have any questions regarding the authority of the construction manager. A -I 2. INITIAL PLANNING PHASE. During the initial planning phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto: 2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters. 2.2 Meeting Budget and Project Goals. Consultant shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project budget and time line, including the City's Preliminary Construction Budget. Consultant shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project's budget and construction allowance. It shall be the duty of the Consultant to design the Project within budget. As discussed below, if the lowest responsive and responsible bid for the Project exceeds the budget by the specified amount, Consultant may be required to make the necessary changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget. 2.3 Permits, Approvals and Authorizations. As indicated in Section 3.5.4, Consultant shall assist City in securing easements, encroachment permits, rights of way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners. 3. SCHEMATIC PLAN PHASE. During the schematic plan phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto: 3.1 Funding Documents. Consultant shall provide a site plan and all other Project - related information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project. 3.2 Schematic Plans. In cooperation with City, Consultant shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed Consultantural concept of the buildings ( "Schematic Plans "). Consultant shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single -line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All Consultantural drawings for the Project shall be in a form suitable for reproduction. A -2 3.3 Preliminary Project Budget. Consultant shall use the City's Preliminary Construction Budget and its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City ( "Consultant's Preliminary Project Budget "). The purpose of the Consultant's Preliminary Project Budget is to show the probable Project cost in relation to City's Preliminary Construction Budget and the construction standards of any applicable funding agency. If Consultant perceives site considerations which render the Project expensive or cost prohibitive, Consultant shall disclose such conditions in writing to City immediately. As stated above, if the lowest responsive and responsible bid for the Project exceeds the budget by the specified amount, Consultant may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Consultant shall provide a preliminary written time schedule for the performance of all construction work on the Project. 3.4 Copies of Schematic Plans and Other Documents. Consultant, at its own expense, shall provide a complete set of the Schematic Plans described herein for City's review and approval. Additionally, at City's expense, Consultant shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City. 4. DESIGN DEVELOPMENT PHASE. During the design development phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto: 4.1 Design Development Documents. Once City provides Consultant with specific written approval of the Schematic Plans described herein, Consultant shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project's structural, mechanical and electrical systems, and to outline the Project specifications ( "Design Development Documents "). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval. 4.2 Copies of Design Development and Other Documents. Consultant, at its own expense, shall provide a complete set of the Design Development Documents described herein for City's review and approval. Additionally, at City's expense, Consultant shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City. 4.3 Updated Project Budget. Consultant shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein ( "Consultant's Updated Project Budget "). A -3 4.4 Timetable. Consultant shall provide a written timetable for full and adequate completion of the Project to City. 4.5 Application for Approvals. Consultant shall assist City in applying for and obtaining required approvals from all federal, . state, regional or local agencies concerned with the Project. Consultant shall furnish and process all Consultantural and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required. 4.6 Color and Other Aesthetic Issues. Consultant shall provide, for City's review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project. 5. FINAL WORKING DRAWINGS AND SPECIFICATIONS. During the final working drawings and specifications phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto: 5.1 Final Working Drawings and Specifications. Once City provides Consultant with specific written approval of the Design Development Documents described herein, Consultant shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner ( "Final Working Drawings and Specifications "). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following: (1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the Consultantural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2, City may be requested to supply Consultant with the necessary information to determine the proper location of all improvements on and off site, including record drawings ( "as -built drawings ") in City's possession. Consultant will make a good -faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions. City shall also make a good -faith effort to verify the accuracy of the as -built drawings and provide any supplemental information to Consultant which may not be shown on the as -built drawings. 5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Consultant and City to secure the required permits and approvals from all federal, state, regional or local .agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards. The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard Consultantural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled. in a professional manner by Consultant. 5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Consultant, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Consultant shall make all City- requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Consultant's professional judgment. Consultant shall bring any such conflicts and /or inconsistencies to the attention of City. The parties agree that Consultant, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications. However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent Consultant or other consultant to perform such reviews. Any such independent constructability review shall be at City's expense. Consultant shall make all City- requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructibility review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Consultant's professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Consultant shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement. 5.4 Costs of Construction. It is understood by Consultant that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Consultant's fees. Should it become evident that the total construction cost will exceed the specified sum, Consultant shall at once present a statement in writing to the City's Representative setting forth this fact and giving a full statement of-the cost estimates on which the conclusion is based. 5.5 Copies of Final Working Drawings and Specifications and Other Documents. Consultant, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City's review and approval. Additionally, at City's expense, Consultant shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City. 6. CONSTRUCTION CONTRACT DOCUMENTS. During the construction contract documents phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto: A -5 • 0 6.1 Bid and Contract Documents. If so required by City, Consultant shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), Contract, General Conditions, Supplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action. documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City's legal counsel. 6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the "Construction Documents "), Consultant shall provide City with its final estimate of probable construction cost ( "Consultant's Final Estimate "). As stated above, it shall be the Consultant's duty to design the Project within budget. 7. BID PHASE. During the bid phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto: 7.1 Reproducible Construction Documents. Once City provides Consultant with specific written approval of the Construction Documents and Consultant's Final Estimate, Consultant shall provide to City one set of reproducible Construction Documents. 7.2 Distribution of Contract Documents and Review of Bids. Consultant shall assist City in distributing the Construction Documents to bidders and conducting the opening and review of bids for the Project. 7.3 Overbudget. If the apparent lowest responsive and responsible bid on the Project exceeds the Consultant's Final Estimate by more than five percent (5 %), City may request Consultant to amend, at Consultant's sole cost and expense, the Final Drawings and Specifications in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less than the Consultant's Final Estimate. All revisions necessary to bring the lowest responsible and responsive bid within the Consultant's Final Estimate, including any omissions, deferrals or alternates, shall be made in consultation with, and subject to the approval of, the City. 8. CONSTRUCTION PHASE. During the construction phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto: 8.1 Observation. The Project Consultant shall observe work executed from the Final Working Drawings and Specifications in person, provided that City may, in its I_QI discretion, consent to such observation by another competent representative of Consultant. 8.2 General Administration. Consultant shall provide general administration of the Construction Documents and, the work performed by the contractors. 8.3 Pre - Construction Meeting. Consultant .shall conduct one or more pre - construction meetings, as the City determines is needed for the Project, with all interested parties. 8.4 . Site Visits of Contractor's Work. Consultant shall conduct site visits to observe each contractors' work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such site visits shall be conducted as often as are necessary and appropriate to the stage of construction, according to the City's sole discretion, but in no event less than weekly. 8.5 Site Visits of Inspector's Work. Consultant shall conduct site visits to communicate and observe the activities of the City inspectors. Such site visits shall be conducted as often as is mutually acceptable to Consultant and City. Consultant shall direct the City inspectors and the Project contractors to coordinate the preparation of record drawings indicating dimensions and location of all "as- built" conditions, including but not limited to, underground utility lines. 8.6 Coordination of Consultant's Consultants. Consultant shall cause all Consultants, engineers and other consultants, as may be hired by Consultant or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents. 8.7 Reports. Consultant shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project. 8.8 Construction Meetings; Minutes. Consultant shall attend all construction meetings and provide written reports /minutes to the City after each construction meeting in order to keep City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the City's sole discretion, but no less than weekly. 8.9 Written Reports. Consultant shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work. 8.10 Written Records. Consultant shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project. A -7 8.11 Material and Test Reports. Consultant shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Consultant shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the contractors and City. 8.12 Review and Response to Submissions. Consultant shall review and respond, in a timely manner, to all schedules, submittals, shop drawings,. samples, information requests, change requests, and other submissions of the contractor and subcontractors for compliance with, or alterations and additions to, the Construction Documents. Consultant's review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work. 8.13 Rejection of Work. Consultant shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Consultant shall immediately notify the City and contractor(s) of such rejections. Consultant shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed. 8.14 Substitutions. Consultant shall consult with City, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the City's final written approval of such substitutions. Consultant's consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work. 8.15 Revised Documents and Drawings. Consultant shall prepare, at no additional expense to City, all documents and /or drawings made necessary by errors and omissions in the originally approved Construction Documents. 8.16 Change Requests and Material Changes. Consultant shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Consultant shall provide the City with its opinion as to whether such change requests should be approved, denied or revised. If the City has not hired a construction manager or other person to do so, the Consultant shall prepare and execute all change orders and submit them to the City for authorization. If the City has designated a construction manager or other person to prepare all change orders, the Consultant shall review all change orders prepared by such person, execute them and deliver them to the City for authorization if they meet with the Consultant's approval, or submit them to the City with recommendations for revision or denial if necessary. Consultant shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Consultant may order, on its own responsibility and pending City Council approval, changes necessary to. meet construction emergencies, if written approval of City's Representative is first secured. ON 0 0 8.17 Applications for Payment. Consultant shall examine, verify and approve contractor's applications for payment, and shall issue certificates for payment in amounts approved by the City's inspector. 8.18 Final Color and Product Selection. Consultant shall coordinate final color and product selection with City's original design concept. 8.19 Substantial Completion. Consultant shall determine the date of substantial completion, in consultation with the City. 8.20 Punch List. After determining that the Project is substantially complete, Consultant shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor ( "Punch List Items'). Consultant shall notify contractor in writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Consultant shall also notify City of all Punch List Items. 8.21 Warranties. Consultant shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners' manuals, instruction books, diagrams, record "as built" drawings, and any other materials required from the contractors and subcontractors pursuant to the Construction Documents. Consultant shall coordinate and provide these materials to the City. 8.22 Certificate of Completion. Consultant shall participate in any further inspections of the Project necessary to issue Consultant's Certificate of Completion and final certificate for payment. 8.23 Documents for Project Close -out. Consultant shall cause. all other Consultants, engineers and other consultants, as may be hired by Consultant, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project. Consultant shall assist the City in obtaining such documentation from all other Consultants, engineers, or other consultants. AS -BUILT DRAWINGS. During the as -built drawings phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto: 9.1 As -Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Consultant shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus, producing an "as- built" set of Final Working Drawings and Specifications ( "As -Built Drawings and Specifications "). The As -Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Consultant shall personally review and certify that the As- Built Drawings and Specifications are a correct representation of the information supplied to Consultant by any inspectors and the contractor, and shall obtain certifications from any inspectors and the contractor that the drawings are correct. 9.2 Approval. Once City provides Consultant with specific written approval of the As -Built Drawings and Specifications, Consultant shall forward to City the complete set of original As -Built Drawings and Specifications or a complete set of reproducible duplicate As -Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail. 9.3 Documents for Final Payment. Prior to the receipt of Consultant's final payment, Consultant shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As -Built Drawings and Specifications as required herein; and (4) Consultant's Certificate of Completion. 10. WARRANTY PERIOD. During the warranty period phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto: 10.1 Advice. Consultant shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project. P l hpril 1, 200E City of Rosemead Attn: Chris Marcarello Administrative Services Officer 8838 Valley Blvd. Rosemead, CA 91770 RE: Proposal for Professional Engineering Services City of Rosemead Technical Qualifications Proposal Dear Mr. Marcarello: AAE, Inc. is very excited at the prospect of working with the City of Rosemead to provide Professional Engineering Services. We have carefully examined the requirements and have assembled a highly qualified team of professionals to accomplish the objectives outlined in the Request for Proposal. I would like to emphasize the unique strengths of the team. MANAGEMENT. AAE Inc. has assigned Tom Melendrez as the City Engineer assigned to the City of Rosemead. Mr. Melendrez is a registered Civil Engineer in the State of California and has over thirty -five (35) years of experience. Mr. Meiendrez has served as the City Engineer for a number of cities throughout Southern California including the cities of Montebello and Maywood. Tom has also provided engineering services to the cities of Monrovia, Chino, South Gate, Ontario and Bell Gardens. AAE has assigned Pat Lang as the City Traffic Engineer; he has over thirty (30) years of experience In traffic and transportation engineering, civil engineering and transportation planning projects. He has worked for many Cities including Pasadena, San Marino, Agoura Hills and South Pasadena in a variety of job capacities ranging from Deputy City Engineer to Director of Public Works. He has also worked for various private traffic engineering consulting firms during which he served as President, Principal Engineer and Director of Operations. Mr. Lang has provided Contract City Traffic Engineering services to various Southern California cities, and currently provides City Traffic Engineering Services to Temple City and Montebello. KNOWLEDGE: AAE's assembled project team is comprised of professionals with specialization in municipal engineering. The team members have a long history of working together and have successfully delivered many projects In Southern California. Our staff is Intimately familiar with requirements for State and Federal Funded projects and is experienced In working with various funding agencies. EXPERIENCE. AAE is a highly recognized professional design firm and Its assembled project team has performed similar tasks for many cities, and counties. AAE has a reputation for delivering quality projects on time and within budget. Tom Melendrez will be the City of Rosemead s primary point of contact and can be reached at our corporate office at 601 S. Valencia Ave, Suite 250, Brea, CA 92823, via phone at (714) 940 -0100, or via email at t nr elendrez0aaeinc.cco. Per Section IV, Item E of the City of Rosemead's RFP, we have attached a copy of our balance sheet from the past fiscal year and a profit and loss statement. We respectfully request that the information contained in the attached financial statements remain confidential and not subject to disclosure to the public and/or individuals not Involved in the consultant selection process. Thank you again for the opportunity to provide services to the City of Rosemead. Sincerely, Sid J. Mousavl, P.E. Principle in Charge Making a Difference in the Communities We Serve A -11 9 INCORPORATED i le, yw Ww".. remac J Y� , Fz- 0 V J C • 9-71 ::;w KA INCORPORATED' Section I: Firm Profile FirmProfile ................................................................. ..............................1 Understanding Scope of Services .......................... ............................:.2 Methodology and Work Plan ................................. ..............................2 General Engineering Services ........................ ..............................3 GIS and Pavement Management System .... ..............................7 Traffic Engineering Services ............................ ..............................8 Capital Improvement Program ..................... .............................10 Inspection /Permitting Services ...................... .............................11 Maintenance Services ................................... .............................13 Surveying Services ........................................... .............................13 Geotechnical Services ................................... .............................13 Experience and Qualifications of Firm .................. .....................:.......14 KeyPersonnel .......................................................... ...........................:.15 References............................................................. ............................... 16. Resumes................................................ ............................... Appendix A City of Rosemead; professional Engineering Services A -13 t� fw s s 0 A INCORPORATED E 0 -b- Firm Profile Advanced Applied Engineering, Inc. (AAE) is the leader in providing multi- disciplinary engineering services to cities throughout Southern California. For 14 years, we at AAE have specialized in serving cities, and have earned a reputation for outstanding quality and client service. The AAE team of professionals knows and understands the needs of cities because every member of our team has extensive experience working in cities. Because of that expertise, we are unsurpassed in our ability to streamline complex projects, which results in more efficient use of funds and resources, saving our cities valuable time and money. Since 1994, AAE has been providing to public sector clients multi- disciplinary engineering services including: • Municipal Services • Project Management • Civil Engineering Design • Building and Safety Services • Staff Augmentation • Traffic Engineering • GIS Management • Construction Inspection /Observation AAE has an aggressive, comprehensive quality control program which includes: • Designating one team member as main contact on the project for each client city to ensure that the client's needs are met. • Organized QA/QC committees in each office to spearhead any issues, develop recommendations, and implement solutions specific to each project. AAE is Incorporated under the laws of the State of California and employs over 70 professionals. The corporate office is located at: 601 South Valencia Avenue, Suite 250, Brea, CA 92823. Our Mission Our mission at AAE is to earn the respect and confidence of our clients by providing the highest standard of professional municipal services that ultimately contribute to the communities we serve. City or Rosemead: Professional Engineering Services A -14 I R } t 1� 0 INCORPORATED b VV& Understanding Scope of Services AAE, Inc. offers the expertise and guidance needed to assist the City of Rosemead engineering services t in the areas of Plan Checking of Public Improvement and Development Plans, Traffic Engineering, Pavement Management, System, Engineering Design and additional services including Construction Inspection, Maintenance Services, Surveying and Geotechn ical Investigations. As part of the City of Rosemead's "Consultation Team Program ", AAE will manage all facets, from inception to completion, of a variety of programs and projects. Methodology and Work Plan Methodology At AAE, we understand that successful implementation of programs and projects, including design projects can only be achieved through carefully devised strategies which address the specific needs of a program, project or even components of a project. We believe that the fundamental framework for successful delivery of design projects, programs and project management remains the same; nonetheless, the approach to different programs and projects needs to be dynamic and innovative enough to have the inherent capability of addressing the unique characteristic of each. As such, we do not believe in prescribing generic solutions and products. Our approach to managing programs and design projects begins with gaining a thorough understanding of the City s needs not by making assumptions, but through careful study and evaluation of pertinent documents and, more importantly, by careful listening to the ideas and needs of all stakeholders. Only then would our team members start to devise tailor -made strategies, procedural guidelines and manuals, benchmarks, thresholds, and other implementation tools. We have assembled a team of experts who have proven track records in implementing a wide range of programs and public works capital improvement projects. We have the firm belief that what separates AAE from other firms who provide similar services is the fact that all of our senior team members and almost all of the other team members, at some point in their distinguished careers, have been employees of local governments in various capacities, from Director of Public Works, City Engineers, Senior Engineers, Program Managers, Project Managers, Contract Administrators, to Inspectors and Construction Observers. As such, each one of our team members have a clear understanding of the City's needs and priorities and can very comfortably and without the need for a learning curve truly become a natural extension of the City of Rosemead's staff. The tasks described in the Request for Proposal (RFP), Attachment A, are expanded herein to provide more detail. City of Rosemead: Professional Engineering Services A -15 INCORPORATED Work Plan Although individual projects differ, based upon our initial review of City's needs AAE proposes the following work plan for each of the services listed in "Attachment A" of the RFP. Although we list a series of steps to providing services, the professional staff and engineers review each project individually and base their final work plan upon the individual needs of the project and the City of Rosemead. 1) General Engineering Services AAE has the capability to provide a full range of general engineering services. AAE has assigned Tom Melendrez, P.E. as the City Engineer to serve at the City of Rosemead for 15 to 20 hours per week. Exact hours and schedule will depend upon City request and need. * Services provided include Plan Review for Public Improvement Projects and Design Engineering Services. A Plan Review for Public Improvement Projects AAE plan checking team members who Include civil engineers, water resources engineers, traffic and transportation engineers, structural engineers, mechanical engineers and electrical engineers will perform plan checking services for grading, streets, sewer, water, water facilities, recycled water, wastewater, storm drain, lighting, traffic signal and striping improvement plans, National Pollutant Discharge Elimination System (NPDES /SUSMP) plans, and erosion control plans for both public and private developments. We will review all related engineering studies such as master plans, water quality management plan, feasibility, hydrology, water and wastewater and traffic Impact studies to ensure that they have been prepared based on approved technical standards and are conceptually sound to meet design requirements. Improvement Plan Check Services will be provided in conformance with the following elements: • Review Existing Engineering Records • Review Improvement Plans • Ensure Compliance with City Design Guidelines • Review of Storm drain, Water, Waste Water and Sewer Plans • Site Visit • Coordination with Stakeholders Review for Proper Format • Review of Construction Quantities and Cost Estimate Review of Existing Engineering Records Review all existing City Engineering records including design guidelines, ordinances, specific plans, site plans, environmental documents, tentative an final maps, title reports, conditions of approval, traverse, lot, and tract boundary closure, grants, easements, vacations, approved Standard Urban Storm water Mitigation Plans (SUSMPs) and infrastructure master plan. City of Rosemead: Professional Engineering Services 3 A -16 e s s i A b 0 0 AAM INCORPORATED Review of improvement Plans Review improvement plans for facilities to be offered to the City such as easements, grants and vacations in conjunction with land development process. Ensure compliance with City Design Guidelines Ensure compliance of improvement plans with City of Rosemead Citywide Design Guidelines, Grading and Hillside Management Ordinance, and conditions of approval for related project or Tentative and Final maps as well as approved SUSMPS, site plans, and approved specific plans. Review of Storm drain Water, Waste Water and Sewer Plans Storm drain, water, wastewater and sewer improvement plans will be checked to assure compliance with recommendations of related master plans. In the case of storm drain facilities, they will be checked against the hydrology and hydraulic calculations. Site Visit AAE Team members will visit the project site and conduct an in depth field study to verify that the proposed improvements are consistent with the physical constraints in the field. AAE's designated plan check managers assigned to the City of Rosemead will be in communication with City Staff to provide status updates, as well as continuous monitoring of progress of work. Coordination with Stakeholders We understand the importance of efficient and timely progress of the plan check process therefore; our plan checkers and, managers advocate a proactive approach and team work among all stakeholders including City staff, other private engineers, developers representatives, various County offices, Caltrans, Utility Companies and other local jurisdictions. Review of Proper Format Plans will be checked to assure adherence to proper format (will follow the City's standard or other preferred formats) including north arrow, proper scale, vicinity and location maps, established bench mark, basis of bearings, general and construction notes, required compliance notes (Underground Alert, NPDES) and other related information. Review of Construction Quantities and Cost Estimate Review of prepared Construction quantities and probable cost estimate to ensure accuracy and adequacy for bonding purposes. City of Rosemead: Professional Engineering Services A -17 0 0 AAWN INCORPORATED - ✓I„ Coordination In order to ensure a successful and reliable plan checking process we will: • Attend City Design Review and coordination meetings • Attend development coordination meetings as requested • We will maintain complete, accurate and updated project files and results of field investigations including photographic logs • Plan check files will be turned over to the City after completion of the plan check process • AAE staff will coordinate with City staff all secondary activities related to field construction issues and problems Including review of plan revisions and participating in brainstorming sessions to seek solutions and evaluate alternative plans • The Program Manager will provide oversight of plan check services and adherence to established time frames of the plan checking process Turnaround Time AAE will provide plan checks within the time frames established in Section V. of the RFP. Design Engineering Services AAE will provide the following services during the design phase of the program: • Project Definition and Program Development Meefing • Existing Records Review • Field Investigations • Utility Research, Notification and Coordination • Pavement Analysis • Base Mapping • Prepare Plans • Prepare Specifications • Cost Estimate • Submittals • Meetings and Coordination . • As -Built Plans Project Definition and Program Development Meeting Convene an initial meeting with key design team members and City staff in order to review and confirm the detailed project scope, schedule milestones, construction objectives, and other pertinent project details. City of Rw mead: Professional Engineering Services 5 A -18 1 a 1 INCORPORATED Existing Records Review Useful records pertaining to the proposed work may exist such as existing improvement plans, maps, "as- built" drawings, utility plans, reports, studies, and other pertinent information within the projects' limits. Field Investigations Perform a site investigation to evaluate the existing condition of items pertaining to the design. During this investigation, locations of damaged and /or distressed features will be inspected, confirmed and summarized if required. ADA accessibility compliance will be reviewed and non- compliant features noted. Existing drainage patterns will be reviewed for street projects so that any changes to eliminate ponding can be identified. Utility Research Notification and Coordination Conduct fieldwork to verify the locations of surface utility features within the project limits. In conjunction with information researched, notify affected utility companies of the Impending project. Pavement Analysis As needed by the project, AAE will review available existing pavement analysis reports. Based on the review of the reports, we will recommend to the City If additional, supplemental, or completely new report of pavement analysis of the subject streets will be needed. At the City's direction, we will procure the services of a geotechnical engineer who will conduct a pavement condition survey of the existing roadway condition. Base Mapping A base map will be prepared and used for the preparation of the construction drawings. This will show existing features necessary to depict the intended work within the project area. This approach is anticipated to present a cost savings to the City while maintaining intent and quality of work. Prepare Plans Prepare plans to City standards utilizing the base mapping and agreed improvement concept. Appropriate City, APWA, Caltrans or other agency standards will be utilized and additional . detailing will be included as necessary for adequate bidding and construction purposes. SSnecifications Prepare a comprehensive set of technical specifications based upon the boiler plate provided by the City. All bid items required by the plans or otherwise needed to accomplish project City of Rosemead: Professional FMil dng Servlc A -19 6 INCORPORATED construction will be thoroughly described in the general provisions and included in the R contractor's bid list. Technical provisions will reference the Greenbook, Caltrans or other 0 appropriate specification. 0 Cost Estimate � Prepare a construction cost estimate for verification of project budget and assistance during the contractors bidding process. 0 1111 Submittals 0 AAE will prepare plans, specifications and cost estimate (PS &E) submittal package for City's & review at certain milestones, depending the scope of work for each project. eMeetings and Coordination A In addition to the initial Project Definition and Program Development Meeting, continuous L6 coordination and updates will be required between the design team and City staff. Progress reports will be provided at appropriate intervals and as necessary to document project status. In Lb addition, City staff will be continuously informed of work status and issues through email, phone 10 and facsimile communications. 1 10 As Built Plans IP AAE will prepare as -built plans based on the red mark -up plans provided by the contractor at the end of project construction and submit to the City for their retention and filing. 2) GIS System Management Including Pavement Management System AAE provides expertise in all facets of GIS technology including GIS implementation studies, data collection, ,data conversion, and custom applications development. We also provide comprehensive asset and infrastructure management programs including Pavement Management Systems (PMS), and Sewer, Water, and Storm Drain Master Plans. The first step in conducting the pavement condition survey will be to validate and confirm the inventory segmentation criteria for the City's pavement network. This will be based from the information obtained from the City and the existing database and will act as an initial quality e control for standard street naming conventions. This will be performed on all streets (arterials, Collectors, residentials, and alleys) within the City. In validating and updating the dataset our . staff will include all critical pavement data (e.g., inspection /distress, street dimensions, work history information, structural and ride data, etc.), which will allow our staff to calculate the �j existing Pavement Condition Indices (PCI) based upon a 0 -100 scale. Once the pavement network to be surveyed has been verified, the inspection of 75 centerline street miles of pavement will be made. All distress types will be collected based upon actual surface �J conditions and physical characteristics of the segment. Surveying methods will be conducted by �j remaining consistent with Army Corps of Engineer sampling guidelines while being flexible to current City practices. A City of Rosemead: Prdesslonal Englneadng Services 7 A -2o b b b AAA' INCORPORATED Surveying methods typically are conducted by surveying 100 percent of the surface area; a more accurate indication of road conditions is generated thereby producing a more accurate estimate of maintenance and rehabilitation costs. The visual (windshield) survey is performed by a team of experienced and trained AAE personnel using an automated system to collect field data (collection of data is recorded into our field HP Ipaq units then downloaded into the matching database files). This data is collected on -board then transferred at the end of the day to our in -house workstations for quality control and data population. Our staff and surveyors will be responsible for organizing the work to minimize traffic disruption on the City's street system. All work will be performed in accordance with OSHA standards, and furthermore, AAE staff will inform City engineering and police staff when and where our teams will be working during the week's period. r' AAE will submit a final report to the City that will describe the results of the Pavement Analysis including PCI for all streets and a multi-year Capital Improvement Plan for the rehabilitation of the City of Rosemead's street network. 3) Traffic Engineering Services Working together with City Staff, our assigned City Traffic Engineer, Patrick Lang, T.E., will lead the Traffic Engineering team to complete the projects assigned to AAE. Upon issuance of the Notice to Proceed, Mr. Lang will review the requirements, prepare work plans as necessary and make team assignments for maximum efficiency of resources after which, we will develop a project management plan for the Project. AAE will serve as an extension of the City. It is anticipated that our assigned City Traffic Engineer, Mr. Patrick Lang will be based at Rosemead City Hall for one (1) eight (8) hour day per week as requested by the City. Exact schedule will be determined through discussion with City Staff. AAE will provide a range of traffic engineering services including but not limited to: • Plan review for development projects • Preparation of design plans and specifications • Overall Operations assignments (Preparation, review and recommendation to City Staff, City Council and Commissions) Engineerina Plan Review AAE will assist the city of Rosemead in providing Engineering Plan Review to assess any impact on local traffic. Services will generally include; • Determination of procedures and requirements for the preparation of new development traffic studies. Review and comment on development and construction plans as it pertains to sight distance, project access, internal circulation, driveway locations, grades, layout configurations, street lighting, and the incorporation of control measures including signing and traffic calming features. City of Rosemead: Professional Engineering Services $ A -zi AAR INCORPORATED • Determine conditions for new development to include traffic control, signing and striping, and traffic calming design features. • - Transportation planning and related information and reports as requested to outside agencies. • Development and maintenance of standard plan applications. Preparation of Design Plans and Specifications Although each project differs, AAE anticipates. taking the following steps to complete Traffic Engineering Design Services: • Project Definition and Program Development Meeting • Existing Records Review • Field Investigations • Utility Research, Notification and Coordination • Pavement Analysis • Base Mapping • Prepare Plans • Prepare Specifications • Cost Estimate • Submittals • Meetings and Coordination • As -Built Plans Maintenance and Operations Assignments AAE will prepare general traffic studies per city request and provide development and implementation of procedural guidelines and policies. Maintenance and Operations Assignments performed by AAE will include: • Recommend traffic safety improvements • Recommend improvements and /or mitigation measures for areas with high accident rates • Make recommendations on, prepare and administer grant applications related to traffic safety and traffic related improvements • Review and make recommendations of traffic engineering related ordinances and regulations. • Provide recommendations for the improvement and maintenance of traffic signals, signage and markings per FHWA's MUTCD. • Provide assistance to City Departments,, Council and Traffic Commission and attend community meetings as necessary. • Review of Traffic Impact and Parking analysis to ensure compliance with City traffic study requirements and City Congestion Management Plan. • Review of site access of projects • On -site circulation sizing • Review of driveway locations on arterial highways City of Rosemead: Professlonal Engineering Services g A -22 m AAK ® INGOHPORATEe C Review of traffic control at site access points -and key internal locations 4) Capital Improvement Program S AAE's follows an established approach to program management to ensure the best possible quality of service. Generally AAE Program Managers, as City of Rosemead agents, will perform e the following typical duties; however, duties may be added or amended to meet City needs: • • Oversee Design Process C Design Survey ' . Coordination with Utility Agencies ' • Coordination with Regional Agencies • Field Inspection Services Work Completion Acceptance - • Support for Federally Funded Projects R Oversee Design Process AAE managers, with the assistance of other technical staff, will review plans, specifications and cost estimates of every submittal phase. Furthermore, our staff will perform a constructability A review (including pre- construction survey). We will ensure that the design consultants follow all aspects of the City's guidelines from notification of utility companies, to proper coordination with all pertinent agencies. 1-4 Design Survey AAE will oversee surveying services during the design phase of the project. Our sub - consultant will provide the needed services to prepare design base maps. Coordination with Utility Agencies The AAE Team will ensure full coordination of its assigned program with all stakeholders Including utility agencies. We will conduct fieldwork to verify the locations of surface utility features within the project limits. In conjunction with information researched, notify affected utility companies of the impending project. Typically three notifications will be issued to each affected utility. 11 Coordination with Regional Agencies As needed AAE will establish and maintain contact and coordination with regional agencies as needed and required. Stakeholders will be Involved in initial planning and schedule development meetings. Our staff is familiar with the guidelines of the various regional agencies including; Caltrans, Los Angeles County, and FHWA. City of Rosemead: Professional Engineering services 10 A -23 A w A A A A A A A A A A S e e e e e e e e e AAR INCORPORATED Field Inspection Services and Work Completion Acceptance E 9 0 61- During the construction phase of the project, AAE will coordinate inspection activities with the appropriate local, State or Federal agencies involved. As part of our management information system, AAE will Implement our quality control /deficiency report for distribution to the contractor. The log will: • Identify deviation from plan/agency requirements. • Establish target dates for contractor correction. • Document re- inspection /acceptance information and inspection and testing services. • Review the construction inspector's daily reports for accuracy and completeness. Work Completion Acceptance At the conclusion of the project, prepare and submit a Final Report including a listing of all milestone events, status of all contracts, payments and accounting status, pending warranty work, status of any outstanding claims, and any appropriate related suggestions. Supoort for Federally Funded Projects AAE is experienced in providing project management services for Federally Funded projects. Through our sub - consultant, Avant Garde, AAE can assist with labor compliance and funding administration issues for projects that utilize Federal Funds. 5) Inspection /Permitting Services AAE will provide the City with the following construction inspection services during the construction phase of the program: Review Shop Drawings and Submittals AAE strongly believes there is value added to a program when the Construction Inspector, reviews the shop drawings submitted by the contractors. Two sets of eyes reviewing documents reduce chances for error. Testing and Inspection Reports We will review the testing and inspection reports to ensure the project is being built in compliance with the specifications. When test results fail, we follow up with the contractor on the status of retesting and track the failure until resolution. Coordinate and Provide Geotechnical Testing and Survey Services AAE, through 'our sub - consultant, will provide testing as required for conformation to project specifications. AAE will provide for survey, as required, for lines and grades of all work. Survey work will be provided through a sub - consultant agreement by a licensed surveyor. City of Rosemead: Professional Engineering Services 1 f A -24 0 P d 1 r 1 During the construction phase of the project, AAE will coordinate inspection activities with the appropriate local, State or Federal agencies involved. As part of our management information system, AAE will implement our quality control /deficiency report for distribution to the contractor. The log will: • Identify deviation from plan /agency requirements. • Establish target dates for contractor correction. • Document re- inspection /acceptance information and inspection and testing services. • Review the construction inspector's daily reports for accuracy and completeness. Construction inspection Task Activities Our Construction Inspection Team Members will perform the following tasks: • Research applicable standards and procedures • Review all Construction Documents • Documentation (photographic and videotape records) of existing conditions • Perform daily on -site tasks - Inspection of materials - Coordination of materials and testing - Inspection of workmanship - Monitor site safety - Monitor use of resources - Note any site visitations - Prepare /maintain daily activity records - Validate construction task completion • Participate in weekly project meetings Submit inspection reports Review site construction activities Submit statement of work progress • Review /comment on claim submittals (as- needed) Field Engineering Services Our inspection team members have extensive experience in inspecting various types of public works projects including street improvements, recreation improvements, storm drains, sanitary sewers, earthwork grading, street lighting and traffic signals, and landscape and Irrigation projects. AAE will assign the most qualified and experienced inspection team members to a given project based on its type of project, scope, and even the assigned contractor to best fit the particular demands of each project. In performing these duties, our inspection team members will follow City established policies and procedures. They will ensure that all work conforms to the project construction documents, City Codes and Ordinances, City Grading Code and normal APWA (Greenbook) Standard Specifications for Public Works Construction, Caltrans Standards and Specifications, City of City of Rosemead: Professional Engineering Services A -25 12 �. r -A-A_ INCORPORATED Construction Management — Observe Work In Progress 0 P d 1 r 1 During the construction phase of the project, AAE will coordinate inspection activities with the appropriate local, State or Federal agencies involved. As part of our management information system, AAE will implement our quality control /deficiency report for distribution to the contractor. The log will: • Identify deviation from plan /agency requirements. • Establish target dates for contractor correction. • Document re- inspection /acceptance information and inspection and testing services. • Review the construction inspector's daily reports for accuracy and completeness. Construction inspection Task Activities Our Construction Inspection Team Members will perform the following tasks: • Research applicable standards and procedures • Review all Construction Documents • Documentation (photographic and videotape records) of existing conditions • Perform daily on -site tasks - Inspection of materials - Coordination of materials and testing - Inspection of workmanship - Monitor site safety - Monitor use of resources - Note any site visitations - Prepare /maintain daily activity records - Validate construction task completion • Participate in weekly project meetings Submit inspection reports Review site construction activities Submit statement of work progress • Review /comment on claim submittals (as- needed) Field Engineering Services Our inspection team members have extensive experience in inspecting various types of public works projects including street improvements, recreation improvements, storm drains, sanitary sewers, earthwork grading, street lighting and traffic signals, and landscape and Irrigation projects. AAE will assign the most qualified and experienced inspection team members to a given project based on its type of project, scope, and even the assigned contractor to best fit the particular demands of each project. In performing these duties, our inspection team members will follow City established policies and procedures. They will ensure that all work conforms to the project construction documents, City Codes and Ordinances, City Grading Code and normal APWA (Greenbook) Standard Specifications for Public Works Construction, Caltrans Standards and Specifications, City of City of Rosemead: Professional Engineering Services A -25 12 INCORPORPTEO Rosemead Standards and Design Manuals, and State and Federal Building Codes related to site accessibility. • Review contractor's safety program Review shop drawings • Coordinate material test schedules • Review of materials test results • Review change orders /provide time and cost estimates Coordination of contractor operations • Monitor work progress and site safety • Coordinate the preparation of as- builts, completion documents • Review and comment on claim submittals • Monitor materials /resources utilization • Assist Contractors in the Interpretation of design documents • Assist in maintaining quality and schedule • Review contractor's certified payroll • Monitor contractor's labor compliance 6) Maintenance Services AAE can provide contract administration and oversight on sub contracted maintenance services including but not limited to the following; street sweeping, park maintenance, tree trimming, concrete work (sidewalk, curb, gutter), asphalt work (patching, deep patching, and pot holes), facilities maintenance, fleet maintenance, street lighting, traffic signals, graffiti abatement, sewer maintenance, solid waste collection, hazardous waste materials disposition, etc. We can develop contract specifications as well as monitor on -going contracts. Our designated staff person, Bill Nakasone, is an experienced Public Works Director as well as a former Maintenance Superintendent. If requested, we can directly manage in house staff already assigned to these functional areas. 7) Survey Services Our surveying sub - consultant, under the direction of AAE will perform the following services; Base Maps, Construction Staking, Design Surveying, Photo Control, Aerial Mapping, Centerline Surveys, Corner Records and Record of Survey. 8) Geotechnicai Services Our geotechnical sub - consultant, under the direction of AAE will perform the following services: Soils testing as needed during the design phase of the project and materials testing as needed during project construction. City of Rosemead: Professional Engineering S•Nleee A -26 13 AAs INCORPORATED Experience and Qualifications of Firm As a Municipal Services provider we are proud to offer the following services: Staff Augmentation, Construction Management and Inspection, Public Works Inspection, Civil Engineering Design, Traffic and Transportation Engineering, Assessment Engineering, Capital Project and Public Works Program Management, Building and Safety Management Services, Plan Checking, Building Inspection, and NPDES compliance (including SWPPP & SUSMP plans). The staff at AAE has extensive expertise and experience in providing a full range of engineering and program management services to municipalities throughout Southern California. Over the past fourteen years AAE has provided services to dozens of cities throughout Southern California. AAE currently provides services of a similar scope to the cities of La Puente, Montebello, Bell Gardens, Maywood, Glendora, Temple City and Norwalk. In addition to the above mentioned cities AAE has provided services on a project by project basis to the following cities and agencies: Anaheim, Baldwin Park, Chino Hills, Costa Mesa, Diamond Bar, El Segundo, Hermosa Beach, Huntington Park, Industry, Irvine, Irwindale, La Habra, La Palma, Lake Forest, Manhattan Beach, Malibu, Moreno Valley, Orange, Ontario, Palm Desert, Pico Rivera, Pomona, Redondo Beach, Santa Ana, South El Monte, South Gate, Temecula, West Covina, Yorba Linda, and Whittier. Additional clients include Alameda Corridor East (ACE) Construction Authority, Los Angeles County Community Development Commission, Los Angeles County Department of Public Works, and the Riverside Transit Agency. Because the core of our business is to provide services to municipal government, we have in- depth experience in working with state and federally funded projects. Furthermore we are intimately familiar with the processes and procedures including Caltrans Region 7. City of Rosemead: Professional Engineering Services A -27 14 s s S AAA INCORPORATED Key Personnel The table below lists the staff assigned to this project. In addition to the key staff, indicated in bold face type, are support staff and engineers that will be available to assist with City projects. In addition to the above mentioned Staff AAE proposes to use one or more of the following Sub - consultants depending on project need: GIS and Pavement Management System Support — Advanced Infrastructure Management Grant Writing, Labor Compliance and Funding Administration support — Avant -Garde Geotechnical Services — Van Beveren & Butello, Hushmand & Associates and PA & Associates Surveying Services — Eadson & Associates and Evans Surveying Gty of Rosemead: Professional Engineering services 15 A -28 City of Norwalk AAE provides Traffic Engineering Services, Garcia Jipa1✓� C yI an 9er including on -site City Traffic Engineer, Traffic jVarRWN "` 12700 Norwalk Blvd. Studies, Review of Traffic Impact Reports, Norwalk, CA 90651 and Traffic Engineering Design 562.929.5700 eCity of Rosemead: Professional Engineering SOMIres 16 A -29 Ate' INCORPORATEO p References A19 A City of La Puente AAE provides Engineering Services, Building Carol Cowley City Manager and Safety Services Traffic Engineering a .a 15900 E. Main st. Services, Plan Checking, Pavement La Puente, CA 91744 Management System, Construction 626.961.4626 Management and Inspection tom= City of Bell Gardens Johnornetas AAE provides, Engineering Services, Traffic City Manager Engineering Services, Plan Checking, 7100 S. Garfreld Ave. Pavement Management System, Construction Bell Gardens, CA 90201 Management and Inspection 562.806.7700 City of Montebello Michael Huntley AAE provides Engineering Services, Traffic a „ Dir. community Engineering Services, Pavement Management . `; ,... Development System and Construction Management and 1600 W. Beverly Blvd. Inspection Montebello, CA 90640 $23.887.1200 A !� y City of Glendora AAE provides City Engineering Services A Dave Davies Public Works Director Including on -site City Engineer, Plan (� ,F 116 E. Foothill Blvd. Checking and Construction Inspection Glendora, CA 91741 626.914.8246 City of Norwalk AAE provides Traffic Engineering Services, Garcia Jipa1✓� C yI an 9er including on -site City Traffic Engineer, Traffic jVarRWN "` 12700 Norwalk Blvd. Studies, Review of Traffic Impact Reports, Norwalk, CA 90651 and Traffic Engineering Design 562.929.5700 eCity of Rosemead: Professional Engineering SOMIres 16 A -29 w 9 • AAR INCORPORATED TOM MELENDREZ, P.E. City Engineer EDUCATION: Cal Poly University, Pomona Citrus College, Glendora REGISTRATION: License # C 59580 SUMMARY: Mr. Melendrez has over thirty -five (35) years of experience in the design, contract administra- tion and construction management of public and private infrastructure improvements, including twenty -five years of public agency experience. Mr. Melendrez has provided municipal engineering services for many public agencies, and these services include responsibility for over fifty capital improvement projects and traffic engineering over a twenty (20) year period. Mr. Melendroz also has extensive experience in managing railroad grade separation projects on the Alameda Corridor East - Extension. EXPERIENCE: City Engineer, City of Bell Gardens and Montebello — Mr. Melendrez provides supervision of the Engineering Department of the Cities of Bell Gardens and Montebello. In addition, Mr. Melendrez is responsible for providing review, processing and approval of commercial, industrial and residential land development improvement plans and subdivision maps, and for supervising the Capital Improvement Programs in each City. Supervising Civil Engineer, Ground Access Program Manager, City of Ontario- Mr. Melendrez was Program Manager for the Ground Access Program, a federal funded $147 M infrastructure improvement program related to the expansion of Ontario Airport. In addition, he supervised activities of contract managers & inspectors and managed $4 million in consultant contracts. He managed two Alameda Corridor East railroad grade separation projects at Grove Avenue /UPRR ($18 M) and Milliken Avenue /UPRR ($35M). Mr. Melendrez met with federal and state representatives regularly to develop a consensus of project goals and approval for Ontario's programs. His responsibilities also included processing approvals with FHWA and Caltrans and preparing requests for federal appropriations. Associate Engineer, City of South Gate Mr. Melendrez supervised the Engineering Department personnel and was Program Manager for the $32 M 1- 710 /Firestone Interchange Program which included widening of two river crossing bridges, and reconstruction of the 1 -710 interchange on Firestone Boulevard. He was also Program Manager for the City's annual Capital Improvement Program and managed the City's major land development projects Including a 25 -acre Retail/Entertainment center. He also completed $2 M in street construction involving 100 streets & the design phase of a federal funded $3.5 M double tank reservoir and pump station, as well as serving as Chairman of Traffic Committee for 4 months. Mr. 17 A -30 i 0 D b b D 0 0 AAA INCORPORATED yam✓ Melendrez prepared the City's federal funding applications and MTA Call for Projects. He also gave presentations to City Council at Council meetings and workshops. Senior Construction Manager, GKK Corp. Contract Project Manager -LA County PMD- Mr. Melendrez supervised clerical, assistant project managers and consultant engineers ($2 M in consultant contracts). He served as a Project Manager responsible for $4 million repairs to the County of Los Angeles' Hall of Administration building. He was also the Project Manager for a $7 M renovation of a two and three -story building for LA Co. Health Services Dept. Senior Civil Engineer -ICF Kaiser Engineers- Mr. Melendrez supervised a 10 -man team of in -house consultants designing MTA's federal funded $51 M Electric Trolley Bus project. He also managed all traffic engineering. Senior Engineer- Williamson and Schmid- Mr. Melendrez supervised the design and preparation of plans for public improvements for Land Development projects. In addition, he prepared traffic circulation, Sewer & Water Master Plans for Specific Plans for the Ontario Mills Mall and the California Speedway. Associate Civil Engineer- City of Chino- Mr. Melendrez supervised the City's land development processing, traffic engineering R Capital Improvement Project divisions. Mr. Melendrez was responsible for developing conditions of approval and supervising plan checking for all land development projects for the Engineering Department. Mr. Melendrez also managed Federal funded street improvement projects, attended Planning Commission meetings as the Engineering Department representative and served as the Chairman of the Traffic Committee. Assistant Civil Engineer -City of Monrovia- Mr. Melendrez was responsible for preparing plans, specifications, inspection and construction management for 20 Capital Improvement Projects. A -31 18 A ® INCORPORATED" ® PAT LANG, T.E. ® City Traffic Engineer EDUCATION: Bachelor of Science, Civil Engineering REGISTRATION: State of California Registered Traffic Engineer ® AFFILIATIONS: Member, Institute of Transportation Engineers (ITE) SUMMARY: Mr. Lang has over thirty (30) years of experience in civil engineering, traffic and transportation engineering and planning projects. He has worked for many Cities including Pasadena, San Marino, Agoura Hills and South Pasadena in a variety of job capacities ranging from Deputy City Engineer to Director of Public Works. In addition, he has also worked for various private traffic engineering consulting firms during which he served as President, Principal Engineer and Director of Operations. In addition, he has provided City Traffic Engineer services to various Southern California cities. Mr. Lang currently provides City Traffic Engineering Services to Temple City and Montebello. EXPERIENCE: Director of Public Works City of South Pasadena, CA - Director for all engineering functions including planning, building and safety, street, park and water departments.. Projects included the $1.3 million reconstruction of Fair Oaks Roadway, involving concrete roadway, sidewalks, parking, lighting, trees and the Arroyo Park Development Project consisting of four baseball fields, soccer field and field lighting. City of San Marino, CA - Conducted and coordinated all city traffic operations, transportation planning activities and traffic safety programs involving recommendations for zoning changes, subdivision and city ordinances. Responsible for modernization of traffic signals such as the Huntington Drive Project which involved coordinating with other municipalities and the Santa Anita Race Track. Responsibilities also included: working with the private sector on traffic 1 studies and traffic Impact reports (such as the expansion of the Huntington Memorial Library); reviewing development plans for commercial and residential projects within the City of San Marino; and prepared the transportation element of the City's General Plan; and designed /provided construction management for the over $2 million Huntington Drive construction. Consultant Traffic Engineer Provided traffic engineering services on various projects to the following cities: City of Temple City City of Bell City of La Canada Flintridge A -32 19 AAA w. , Wr INCORPORATED City of Monrovia City of Sierra Madre City of Irwindale City of San Marcos City of Montebello Sub - Consultant Traffic Engineer Provided traffic engineering services for the following: • Los Angeles County's Disney Hall project -Downtown Los Angeles, CA Hollywood Bowl Renovation project - Hollywood, CA Victoria Golf Course Refurbishment project - Carson, CA • Alameda Corridor East - Temple Avenue Train Diversion - Pomona, CA Project Engineer Served as Project Engineer on numerous traffic planning and parking studies developments. for retail, commercial and residential In addition, prepared the traffic portion of ® environmental impact studies. Projects have included: • Granada Hills Community Hospital expansion in Los Angeles • - Garfield Medical Center in San Gabriel - • Home Savings Bank in Sherman Oaks • Los Angeles International Golf Club in Sunland- Tujunga ® Little Tokyo Professional Building ® • Sunset/Vermont Towers Office Building in Los Angeles ® Ontario /Airport Plaza Mixed -Use Development in Ontario, CA • Krikorian Theaters Mixed -Use Development ® Walnut Mixed -Use Development in Pasadena 6100 Canoga Avenue Development in Warner Center, CA • Sunset Ranch Specific Plan (446 -acre parcel located in Lancaster. This project consists of residential, commercial and ® industrial uses plus recreational and educational facilities.) ® Traffic Surveys and Traffic Studies Provided Traffic Surveys and Traffic Studies for the following cities: ® City of South Pasadena ® City of Temple City City of Irwindale City of Upland Traffic Signal Design and Interconnect Plans ® Provided traffic signal design for the following cities: City of Monrovia City of Huntington Park ® City of Baldwin Park City of Bell Gardens ® City of Los Angeles City of Los Angeles City of Corona County of Los Angeles ® City of South Pasadena City of Palmdale zo ® A -33 - INCORPORATED •'y ® YADI FARHADI, P.E. Director, Civil Engineering Department EDUCATION: B.S. in Civil Engineering with honors /1977, Pahlavi University, Shiraz, Iran REGISTRATION`. Civil Engineer, California No. 50845 CERTIFICATION: CEM, Certified Energy Manager Licensed General Building Contractor, California COA3, Certified Operator Associated Grade 3, AWWA SUMMARY: Mr. Farhadi has over 28 years of diverse civil engineering experience with both the public and private sectors. He is highly knowledgeable and experienced in the design and construction of public facilities, public utilities, commercial, industrial and residential developments, educational and institutional buildings and public infrastructures including sewer and water systems. Mr. Farhadi has served the City of Lynwood for fifteen (15) years in various capacities including but not limited to; Director of Public Works, City Engineer, Assistant Director of Public Works, Director of Facility maintenance, and CIP Manager. In his capacity at AAE, Mr. Farhadi leads the AAE Engineering Department to provide quality design services. He oversees and reviews the engineering activities including Engineering Design, Studies, Investigations and Plan Checks, Construction Management, Surveying and other related activities assigned to the Department. EXPERIENCE: Director, Civil Engineering Department — AAE Inc. - Mr. Farhadi is leading AAE Engineering Department to provide quality design services to our clients. He oversees and reviews the engineering activities' including Engineering Design, Studies, Investigations and Plan Checks, Constructions Management, Surveying and other related activities assigned to ' the Department. A partial list of current projects with public agencies is as follows: • A new 45 acre park/sport facility for the City of San Clemente • Whittier Boulevard reconstruction for the City of Montebello • First Street Improvement for the City of La Puente • Village Square offsite improvement for the City of Bell Gardens • Eastern Avenue Improvement for the City of Bell Gardens • Resurfacing and Slurry Sea! Improvement for the City of Lake Forest 21 A -34 y} .'� INCORHORATFO City of Lynwood - Director of Public Works, City Engineer, Assistant Director of Public Works, Director of Facility maintenance, CIP Manager, Associate Civil Engineer, Assistant Civil Engineer. Designed, prepared plans and specifications inspected and constructed public and private sector projects and administered major construction contracts. Directed, coordinated, reviewed, and administrated professional services contracts. Prepared, developed, and implemented the annual budget for the capital improvement program and the department operation. Developed and implemented facility maintenance programs. Established and implemented guidelines for compliance with federal, state, and local applicable laws, regulations and codes. Administrated variety of funding sources and complied with the funds' guidelines and restrictions. Projects included: Highways, streets, and roadways; traffic signals and street lighting; recreation facilities, parks and open spaces; commercial, industrial and residential developments; seismic upgrades and retrofit to existing facilities; sanitary sewer and storm drain systems, water production and distribution systems; senior citizen center; Energy management and ADA improvements. 22 A -35 ® WCORPORATEO°"�` • BILL NAKASONE, M.B.A. • Pobllc Works Administrator EDUCATION: • Masters of Business Administration (MBA), Cal Poly Pomona • B.A., English and Anthropology, University of California Santa Barbara • SUMMARY: • • Mr. Nakasone has close to twenty (20) years of experience in the management of a variety of • public works projects. Throughout his distinguished career, Mr. Nakasone has served as a Public Works. Manager, Director of Public Works and General. Manager of a Sanitary District. • This wealth of experience gives Mr. Nakasone unique experience in the management of a )� variety of Capital Improvement Projects, particularly those involving water and sewer systems. Mr. Nakasone's experience in the management of Capital Improvement Projects covers all steps Involved in the management of Water and Sewer System projects including; design, • specification development, bid award, contractor selection, construction inspection and issuance of project completion notices. • EXPERIENCE: Midway City Sanitation District (2005 -2006) - General Manager of an Orange County based special district that provides both sewer collection services as well as refuse collection services • to a residential population of 100,000. Major infrastructure capital projects implemented and • completed during my term included the following; design of (4) new lift stations, design of forced main pipeline, urgent repairs to (50) problematic locations, replacement of capacity deficient pipeline, and relining of critical pipeline locations. My scope of work included all project management activity from design, specification development, bid award, selection of contractor, construction inspection, progress payment authorization, and issuance of project completion notice. I reported directly to a (5) member Board of Directors. City of Azusa (2002 -2005) - Public Works Director for a department composed of the following divisions; Engineering, Streets, Sewer, Parks, Facilities, Fleet, and Public Transit. I was responsible for multiple capital projects including but not limited to the following; major street rehabilitation (slurry, cape seal, overlays, and total replacements), sewer upsizing and replacement, and multiple facilities projects (HVAC replacement, facilities remodel, facilities modernization). I was responsible for managing 32.5 FTE and a variety of private sector �. contracts. City of Glendora (1996 — 2001) -1 managed the Street Division of the Department of Public Works which consisted of Streets Maintenance and the City Garage. City of Monrovia (1988 —1995) -1 managed the Facilities Division of the Department of Public Works which consisted of the following operational units: Facilities Capital Projects, Facilities Maintenance, Street lighting, Vehicle Maintenance, and Traffic Signal Maintenance. 23 j� A -36 • AAR ® INOORPORATC0 ® ARJAN M. IDNANI, M.S. CIP Support ® EDUCATION: ® M.S. Civil Engineering / California State University, San Jose ® B.S. Civil Engineering / 1968 California State Polytechnic University, Pomona, California ® A.A. Applied Science in Civil Engineering 1 Samrat Ashok Technology Institute, Vidisha, India ® SUMMARY: Mr. Idnani has over twenty -seven (27) years of experience in completing a variety of Civil Engineering projects. He attended California State Polytechnic University, Pomona, California, and received a Bachelors of Science in Civil Engineering. He then went to California State University, San Jose and earned his Masters of Science in Civil Engineering. He has worked ® on major infrastructure projects and in Public Works Improvement and rehabilitation projects in Southern California for various agencies such as the Cities of Baldwin Park, Saratoga and Santa Cruz. His experience includes land Development, Capital Improvement Projects, Construction Management, Project Management and Administration. EXPERIENCE: Engineering Manager, City of Baldwin Park — As Engineering Manager in the Department of Public Works, Mr. Idnani's responsibilities included: management of $4.5 million Capital improvement Program, Land Development and Traffic Section. He also supervised r professional personnel, prepared request- for - proposals and hired consultants for CIP projects. In addition, he analyzed reports, proposals and agreements from developers and consultants; prepared staff reports and various correspondence for City Council and the Director; worked with the City Attorney regarding claims and various legal matters; assisted the public, as well as, consultants and contractors at the counter; prepared engineering reports relating to the Lighting and Landscape Assessment District and represented the City and the Director of Public Works at various inter - agency meetings such as the County Los Angeles Department of r Public Works for NPDES; Caltrans for FAU, ISTEA and HES projects. Furthermore, he coordinated both public and private projects with other City divisions such as: the Planning Division for subdivision - related projects; the Building /Safety Division for various inspections; and Human Services Department for projects. Mr. Idnani also managed $12 million dollars of capital improvement projects and has extensive knowledge of the City's planning issues. In jt addition, he also has excellent knowledge of the Uniform Building Codes. Assistant Civil Engineer /City of Saratoga — As Assistant Civil Engineer involved in Land Development, Mr. Idnani checked all street improvement plans, final tract maps of subdivisions and minor land divisions; collected all documents such as subdivision agreements, bonds and fees required by the City; ensured that all street improvement plans and final tract or parcel maps were completed according to conditions established by the Planning Department, Building Department, Public Works Department, Health Department, Fire District, Sanitation i District, Water Department and Flood Control; prepared staff reports and resolutions for final acceptance of subdivisions.. 24 A -37 R 9r s s s i 1 1 9 INCORPORATCO 0 S - bl, Junior Civil Engineer /City of Santa Cruz — In the Public Works Department, he was responsible for preparing plans and specifications for various projects relating to streets, . sanitary sewers, storm drains, retaining walls and hydraulic structures. Also checked subdivision maps and parcel maps for compliance with mandated requirements and assisted the general public, as well as, consulting engineers, developers and contractors. Junior Civil Engineer /City of Santa Cruz — In the Water Department, his responsibilities Included: supervision of the construction of water mains; designed water distribution lines, hydro - pneumatic systems, pump stations and water tanks; prepared specifications for contracts and estimated project costs. In addition, he surveyed for main distribution lines. A -38 25 EXHIBIT B COMPENSATION RATES AND REIMBURSABLE EXPENSES ME Additional billing classifications may be added to the above list throughout the year as new positrons are created. The above schedule Is for straight time. Overtime will be charged at 1.5 times. Sundays and holidays are charged at 2.0 times the standard time. 601 S. Valencia Ave, Su ite 1 • 11 /1 . Fax: 714-940-070 R_9 EJ HOURLY RATE SCHEDULE JA -A AAE, Inc. - As of April 1, 2007 M • s ^ 9 s Principal in Charge $200 Interim City Manager $175 Assistant/Deputy City Manager $145 Civil ngineering _ � Project Manager $150 Program Management Geo- Technical Engineer $160 Project Director $140 Senior Engineer Plan Checker $135 $99 Program Manager $120 Engineering Associate. $95 Program Supervisor $99 Engineering Assistant $85 Sr. Program Coordinator $90 Engineering Technician $80 Program Coordinator $80 CAD Manager $110 Program Assistant $65 CAD Operator $80 Municipal Engineering Support TT raffic Engineering City Engineer $135 / Principal Engineer $195 City Traffic Engineer $135 J Senior Traffic Engineer $145 Deputy Engineer $130 Traffic Engineer $135 Dep. City Traffic Engineer $130 1 Plan Checker $99 Engineering Manager $125 J Engineering Associate $99 Plan Checker $99 Engineering Assistant Engineering Technician $85 $80 public Relations CAD Manager $110 CAD Operator $B0 PR Project Principal $140 Transit Planner $99 PR Project Manager $120 PR Coordinator $80 Surveying PR Assistant $65 Graphic Designer $99 Surveyor Party Chief $150 Market Research Coordinator $75 Survey Crew - 2 person $210 Market Research Assistant $65 Survey Crew - 3 person $255 Media Relations Manager $130 Survey Analyst $120 Web Programming $99 i Plan Checker (subdivision s Survey Document) $120 Illustration $99 I C� onstruction Management Bui (ding & Safety I Construction Manager $145 Building Official $135 Resident Engineer $140 Plan Check Engineer $130 I Scheduler /Controller $110 Senior Building Inspector $85 I Senior Inspector $85 Building Inspector $75 Inspector $75 Technician $60 I Technician $60 Clerical Other Charges —� -! Organizer /Supervisor $75 I Delivery $55 Clerk Typist $60 Mileage $0.59 /Mile Travel Cost + 15% I Reimbursements Cost + 15% Additional billing classifications may be added to the above list throughout the year as new positrons are created. The above schedule Is for straight time. Overtime will be charged at 1.5 times. Sundays and holidays are charged at 2.0 times the standard time. 601 S. Valencia Ave, Su ite 1 • 11 /1 . Fax: 714-940-070 R_9 0 0 EXHIBIT C 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 $ per occurrence. C -1 0 0 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services' as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in.the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as.the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. C -2 0 0 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, Consultant, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self- insure its obligations to City. If Consultant's existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial C -3 0 0 additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured. endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all - inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. C -4 0 0 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. C -5 r 0 y D. ZL5 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMI ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE 7 31 31/ 20009 09 / PRODUCER - -" POLICY NUMBER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & As oc' e • ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 199 5 Los Robles Av Stc OF ROSEMEAD 7/25/2010 THIS Pasadena, CA 91101 FIRE DAMAGE (Any one fire) Sl OOH 000 gLOTER BY THE POLICIES BEDOW. X COMMERCIAL GENERAL LIABILITY 626 844 -3070 MEO EXP (Any one person) $10 000 INSURERS AFFORDING COVERAGE n PERSONAL B ADV INJURY INSURED - - IN3URERA : Travelers Prouerty Casualty Co of Ameri A A E Incorporated 1815 E. Heim Ave., iC�'� 10CLERK'S OFFICE w URERB: American Automobile Ins. Co. Orange CA 92865 IN uRER C: ACE American Insurance Comipany IN 3URER D. BY INSURER E. POLICY fN�1T /y->I�N 1y HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE (MMJDDA`Yj POLICY EXPIRATION DATE LIMITS • GENERAL LIABILITY 680286OL055 7/25/2009 7/25/2010 EACH OCCURRENCE $1 000 000 FIRE DAMAGE (Any one fire) Sl OOH 000 X COMMERCIAL GENERAL LIABILITY MEO EXP (Any one person) $10 000 CLAIMS MADE F1 OCCUR PERSONAL B ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGO $2 000 000 POLICY FX7 PRO- LOC • AUTOMOBILE El LIABILITY ANY AUTO BA4588L98A 7/25/2009 7/25/2010 COMBINED SINGLE LIMIT (Ea accident) $1, 000, 1 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO S AUTO ONLY: AGG A EXCESS LIABILITY X OCCUR El CLAIMS MADE CUP6793Y117 7/25/2009 7/25/2010 EACH OCCURRENCE $4 000 000 AGGREGATE $4 000, 000 S DEDUCTIBLE IS X RETENTION SO B WORKERS COMPENSATION AND WZP80976385 8/1/2009 8/1/2010 X WC STAru- oTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000, 000 E. L. DISEASE - EA EMPLOYEE $1 OOH OOO E.L. DISEASE - POLICY LIMIT $1 OOO 000 C OTHER Professional Liability 623632299004 7/25/2009 7/25/2010 $1,000,000 per claim $1,000,000 annual aggr DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS E: On -Call Professional Engineering Services. The City of Rosemead, its officers, agents, employees, representatives and designated volunteers are named as additional insured as respects general & auto liability for claims arising from the operations of the named insured. Primary wording and Waiver apply per attached forms. WC Waiver applies per attached form. LEH I IFICA I E HOLDER I I nrann.., tueuocrn ivatcce i cncu. CAK II ATII?M r,.. n._.a __ c___ .,__ _t NV VR✓ GJV ( / /Il /� 9ACORD CORPORATION 1988 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Rosemead 8838 E. Valley Blvd. BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Rosemead CA 91770 AUTHORIZED REPRESENTATIV NV VR✓ GJV ( / /Il /� 9ACORD CORPORATION 1988 I 9 0 CITY OF ROSEMEAD NOTICE OF REQUEST FOR PROPOSALS FOR PROFESSIONAL ENGINEERING SERVICES A mandatory pre - proposal meeting has been scheduled on Thursday, March 13, 2008 at 2:30 PM at Rosemead City Hall to review the scope of services and answer questions on what will be included in the contract. Attendance is mandatory at this meeting. All proposals must be submitted in a sealed envelope and received at Rosemead City Hall on or before Tuesday, April, 1, 2008 at 11 AM with the following notation: Proposal for Professional Engineering Services City of Rosemead Attn: Chris Marcarello, Administrative Services Officer Please direct all comments or questions to Chris Marcarello, City of Rosemead, 8838 E. Valley Blvd., Rosemead, California, 91770. By: Chris Marcarello Administrative Services Officer Introduction The City of Rosemead is located in the western San Gabriel Valley region of Los Angeles County and spans 5.5 square miles and is situated 12 miles east of Los Angeles and 25 miles north of the Port of Long Beach. The City incorporated in 1959 and today is home to around 60,000 residents. Its strategic location and business - friendly environment earned Rosemead the coveted title of "most business friendly city in America" by Kosmont Companies. Rosemead is a general law city operating under the Council- Manager form of government. Rosemead's international reputation for being a premier community has attracted a number of corporate headquarters to locate in the City, including Southern California Edison and the Panda Restaurant Group. The City's Development Services Department oversees several City functions, including Planning, Building and Safety, Economic Development, Redevelopment, and Public Works /Engineering Services. Under direction of the Assistant City Manager — External Business Services. the Department seeks to encourage appropriate development and provide professional and responsive customer service to City residents, developers, and the general public. The City is interested in receiving proposals from qualified Public Works /Engineering Firms for professional engineering services. The selected firm will provide a mix of services described herewith in support of the City's goals and objectives and serve as an important resource in the Development Services Department. I. Proposal Package The City of Rosemead is soliciting proposals (RFP) from qualified firms to provide general engineering services over a guaranteed period of two (2) years, with three (3) additional one year terms. Each renewal period shall be done at the sole discretion of the City. The successful firm shall enter into a contract with the City for General Engineering Services to cover the work item enclosed in Section V Proposed Scope of Services. The award of the contract is anticipated for the beginning of May 2008. In general, the work consists of, but is not limited to plan checking of development plans (for residential and /or commercial sites) and public infrastructure plans, legal documents, subdivision maps; traffic engineering services; updating the City's pavement management system; public works inspection services; assistance with environmental programs including sanitation /recycling and storm water management programs; involvement in the City's Capital Improvement Program; and civil engineering design services. For more information, please see Attachment A, General Scope of Public Works Functions. It is expected that the consultant will utilize a combination of staff and-sub- consultants to adequately perform the City's required services. A list of potential -2- sub - consultants that will be used should be included in the bid submittal package. Bid Submittal Each offeror must submit one (1) original signed copy and five (5) duplicate copies of the complete proposal in a sealed envelope marked 'Proposal for Professional Engineering Services" and the name of the offeror. Proposal submissions must contain page numbers. Please note that proposals are limited to a total of twenty -five (25) pages (including appendices) using letter -sized paper and not less than 12 point font. To be considered, all proposals shall be completely responsive to the RFP. "Completely responsive" is hereby defined as meeting all requirements as outlined in Section II Proposal Requirements. Technical Qualifications Proposal and Cost Proposal must be submitted in separate envelopes clearly identified and marked: ` Proposal for Professional Engineering Services City of Rosemead Technical Qualifications Proposal And Proposal for Professional Engineering Services City of Rosemead Cost Proposal Proposals will be received by the City of Rosemead until Tuesday, April 1, 2008 at 11 AM. If mailing, proposals shall be sent to: City of Rosemead Attn: Administrative Services Officer 8838 Valley Blvd. Rosemead, CA 91770 The City does not recognize the US Postal Service, or any other organization, as its agent for purposes of accepting proposals. All proposals received after the deadline will be rejected and returned unopened. No extensions will be granted. All proposals will become the property of the City and will be made available for public inspection after an award is made or all proposals are rejected. Resection All proposals will be reviewed to determine conformance with the RFP requirements. Any proposal that the City deems incomplete, conditional, or non- -3- responsive the requirements of the RFP may be rejected. The City reserves the right to reject any and all proposals as well. Screening Selection, and Award Screening and selection will take place through the process described below. Contract award will be made to the Offeror which meets Proposal Requirements specified in Section II of this RFP, and submits the proposal considered most advantageous to City. Negotiations may or may not be conducted with Offeror; hence, the proposal should include the Offeror's most favorable terms and conditions since selection may be made without discussion with any Offeror. The screening and selection process shall be as follows: Step 1. Sealed proposals will be opened and evaluated to determine compliance with Section IV Required Qualifications of Contractor. Proposals meeting specified requirements will be considered responsive and will be included in Step 2. Step 2. Responsive proposals will be evaluated and then presented to the City Council for review. Following this presentation, a decision will be made whether to recommend awarding a contract without further discussion to the Offeror that best meets the needs of the City. It is expected that negotiations will take place with the primary firm on the final scope of work, contract, and proposal price. City Council approval is expected in April /May 2008. The City reserves the right to withdraw this RFP at any time without prior notice. Further, the City reserves the right to modify the RFP schedule described below. The City also makes no representations that any contract will be awarded to any Offeror responding to this RFP. The City expressly reserves the right to reject any and all proposals without indicating any reasons for such rejection(s), to waive any irregularity or informality in any proposal or in the RFP procedure, and to be the sole judge of the responsiveness of any Offeror and of the suitability of the materials and /or services to be rendered. Evaluation Criteria After review for compliance with required qualifications, the City will evaluate proposals based on the following criteria. Cost will not be the sole criteria for which an award is made. General Quality and Responsiveness of the Proposal • Presentation, completeness, and thoroughness of the proposal • Responsiveness to the terms, conditions, and items of performance • Grasp of the scope and services to be performed Qualifications and Experience of Firm and Key Personnel • Qualification and experience of key personnel • Experience and past performance for similar scope and services • Verifications of references Fee Proposal • Costs will be evaluated should offeror meet all other criteria. Fees will be listed in concurrence with instructions listed in Section II, Proposal Requirements. Tentative Schedule The tentative schedule and description of events for this RFP are given below: Date: Activity: February 28, 2008 Issue Request for Proposal (RFP) March 13, 2008, 2:30 P.M. Mandatory Pre - proposal Meeting April 1, 2008, 11 A.M. Proposals due to the City April 22, 2008 Selection recommendation made to City Council and award contract April 24, 2008 Agreement executed and Notice to Proceed May 1, 2008 Expected Start of Services Please direct all comments or questions to: Chris Marcarello (626) 569 -2118 City of Rosemead 8838 E. Valley Blvd. Rosemead, California, 91770. -5- II. Proposal Requirements The proposal shall include the following: 1. Understanding Scope of Services — Describe your understanding of the services to be performed and /or the product to be provided. 2. Methodology and Work Plan — Provide a brief description of the proposed work program and techniques to complete the scope of services. The work program should demonstrate your firm's ability to conduct these services in a professional and efficient manner. 3. Experience and Qualification of Firm — List similar services successfully accomplished within the last five (5) years. 4. Key Personnel — Please provide the names and qualifications of the key personnel assigned to this contract. 5. References — Provide a list of references from the past and current clients within the last five (5) years. 6. Fee Proposal — The fee proposal is considered a criteria, but is not the sole factor in the selection process. Performance for all services shall be based on the following: A. Plan Check Services — A percentage of the plan checking fees that are collected by the City for each project. B. Hourly rate for any services performed for traffic engineering services. C. One time flat fee for preparation of pavement management system update. Updates are usually conducted every two (2) years with the last one occurring in 2004. D. Engineering Design Services based on time and materials A fee schedule shall be provided for the proposed services. Fee schedules should list the hourly rate for each personnel category and other charges necessary to complete the services required with this contract. See Section V Proposed Scope of Services for a detailed description of each service. 9 Me III. Contract Terms Professional Services Agreement No agreement shall be binding upon the City until a Professional Services Agreement is completely executed by the Consultant, City Council, and approved by the City Attorney. Failure to execute and return the contract agreement and acceptable insurance documentations in a timely manner may be just cause for the City to rescind the contract offer. A sample professional services agreement has been attached as a reference. Minimum Insurance Requirements The Consultant shall, at its own 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 Consultants, its agents, representatives, employees, or subcontractors. Consultants shall also require all of its subcontractors assigned to the project to procure and maintain the same insurance requirement for the duration of Agreement. Specific insurance requirements will be provided to all Offerors at the March 13, 2008 mandatory pre -bid meeting. Conflict of Interest It shall be the duty of the Consultant to comply with all applicable State and Federal laws relating to prohibited conflicts of interest. As part of its response to this RFP, the Consultant shall disclose in writing any financial, business, employment, or other relationships with the City or with any of its officers, employees, or agents that are or were in existence during the twelve (12) calendar months immediately preceding, and including, the date the Consultant's response to the RFP is filed. In addition, the Consultant shall disclosed in writing any financial, business, employment or other relationships with any contractor or engineering who may have a financial in securing design and /or construction contracts for the project. The Consultant shall have a continuing obligation to keep the foregoing disclosures current and up -to -date during the term of this contract, and the Contractor's failure to timely disclose the existence of such a relationship shall be grounds for immediate termination of the contract. Permits and Local Licenses The Consultant shall obtain and pay for a business registration as necessitated for doing work within the City of Rosemead. Valid licensure shall be in place for life of the contract as stipulated in the executed Professional Services Agreement. 7 IV. Required Qualifications of Contractor Proposals for Rosemead Engineering Services will be evaluated by City to determine whether or not they meet the following required qualifications. Proposals which fail to provide documentation responding to all of the required items set out below may be considered non - responsive and will be rejected. A. Experience In order to be considered eligible and qualified, Offeror must have a minimum of five years of experience in the field of providing engineering services for cities of similar to the size of Rosemead. A statement of qualifications demonstrating the foregoing and listing the Offeror's experience in the public engineering field, together with the names, addresses and telephone numbers of at least five other clients for whom similar services are being provided, shall be furnished with the proposal. Clients referenced should be located in California if possible. B. Organization The Offeror should submit a description of the firm's organizational structure, history, legal status (i.e., partnership, corporation, etc.), list of owners and officers, capabilities and experience, and management philosophy. The City is particularly interested in the Offeror's approach to managing engineering projects, organizational resources and expertise available, and the primary businesses or range of diversified businesses in which the Offeror's firm is involved. C. Resource Allocation Offeror's proposed allocation of contract resources must demonstrate an understanding of scope of work requirements as described in this RFP and attachments thereto. D. Staffing Contractor shall at all times be responsible for maintaining appropriate staffing levels, employing sufficient qualified and properly trained personnel to perform the management, administrative, and engineering services. The staffing plan must include the resumes of the proposed key personnel showing all relevant education, training and experience. Offeror should also describe other personnel to the extent that their particular experience, skill and availability will affect the performance of this contract. M Offeror should also specifically address any technical resources and staff that will be available to assist their local management at no additional cost to the City. E. Financial Responsibility All Offerors shall provide a financial statement, as prepared by a certified public accountant, for his /her /its prior fiscal year, consisting of a balance sheet, profit and loss statement and such other financial statements as may be appropriate, which shall demonstrate the Offeror possesses adequate financial ability and stability to enable the Offeror to fulfill his /her /its obligations in engineering services. If requested by the Offeror, such information shall be treated as confidential by City and shall not be subject to public disclosure. F. Debarred, Suspended or Ineligible Contractors Offeror certifies by submission of a response to the RFP (proposal) that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction with federal, state, or local department or agency. V. Proposed Scope The consultant's services shall include but not be limited to, the following: 1. Plan checking of public improvement plans, grading plans, hydrology /drainage reports, subdivision maps. Plan checking shall follow a set schedule of turnaround timeframes as established by the City. It is expected that plan checks should not exceed three (3) total plan checks. Turnaround times are as follows First Submittal: 15 working days Second Submittal: 10 working days Third Submittal: 10 working days Major Changes at Design State: 15 working days Major Change in the Field: 5 working days This turnaround time schedule does not exclude the option for expediting plan reviews as needed by the City. Expedited reviews are not considered a normal occurence, but is anticipated for certain projects deemed as priorities by the City staff. Weekly meetings shall be scheduled at City Hall to discuss plan check issues with the City's project engineers. Unless otherwise directed by City staff, no plan check shall be returned to the developer, or the developer's representative, until the City's project engineers have been updated on the status of the plan checks being returned. ISZ For any reason, if a plan check is expected to exceed three (3) checks, the plan checker shall inform the City's engineering staff, and a meeting will be coordinated by the City with the plan checker and developer to resolve outstanding issues. Plan checks shall be performed to ensure compliance with all applicable Federal, State, and Local codes, standards, and regulations. 2. Traffic engineering services include, but are not limited to: one, 8 -hour day of service at City Hall each week. Any additional hours of service (to attend meetings, hearings, special events, etc) shall be paid on a time and material basis. Services shall include, but are not limited to, review of any technical traffic studies, preparation of land development, project comments, review or traffic control plans, review of traffic - related infrastructure plans. 3. Pavement Management System — The current system needs to be updated to include a recommendation of an action plan that outlines a five (5) year and ten (10) year plan to outline street improvements and the anticipated costs. 4. Engineering Design — On an as- needed basis, staff may be needed to conduct engineering design, and /or check designs of presented to the City. This item shall be paid on a time and materials basis. 5. Additional Services — On an as- needed basis, additional services including inspection of public improvement or grading operations and field surveys may be requested by the City. Any additional services shall be separately negotiated and paid on a time and materials basis. A more detailed explanation of functions is detailed in Attachment A. -10- U Attachment A General Scope of Public Works Functions General Engineering Services • Plan Review for public improvement projects — streets, sewer, storm drains, signals, signs, striping, traffic control, grading • Plan Review for land development projects —final maps, subdivision map act documents • Establish bond amounts — performance, I /m, grading, development fees • Review /Recommend regulations and ordinances related to engineering functions • Recommend /Prepare /Administer grant applications for construction projects • Oversee Storm Water /NPDES functions • Prepare design plans and specifications for public projects • Provide assistance to other City Departments, City Council, and Traffic Commission; attend public meetings as needed GIS System Management • Manage and update system • Add layers and integrate into system • Create maps for other City Departments Traffic Engineering Services • Plan Review for development projects — assess traffic impacts • Prepare design plans and specifications for public projects • Recommend traffic safety improvements — parking, signage, speed limits, traffic calming devices (control devices, stop signs, speed bumps, cross walks, pedestrian /bikeway safety, channelization) • Recommend improvements /correction action at locations with high accident rates • Recommend /Prepare /Administer grant applications for traffic safety and public improvements • Review /Recommend regulations and ordinances related to traffic engineering functions • Recommend improvements for maintenance of traffic signals, signage, and roadway markings (using FHWA's Manual on Uniform Traffic Control Devices) • Provide assistance to other City Departments, City Council, and Traffic Commission; attend public meetings as needed • Review Traffic Impact and Parking Analysis (completed in conjunction with proposed projects) • Ensure compliance with City traffic study requirements and City Congestion Management Plan (CMP) • Conduct/Review traffic forecasting methodology • Conduct intersection capacity analysis /project impact • Recommend mitigation measures • Review Site Access of Projects • On -site circulation sizing (internal network, drive aisle width, orientation and throat dimension) • Review driveway locations on bordering arterials and site dimensions •. Review traffic control at site access points and key internal locations — spacing, sight lines, left turn provisions, right turn restrictions, control measures Capital Improvement Program • Prepare /Oversee design, plans, specifications, estimates, and contract documents for projects — streets /public right -of -way and facilities /parks • Conduct design surrey, construction survey, and construction observation for projects • Coordination with utility agencies • Coordination with regional agencies (County, State, etc) • Provide field inspection services and accept completion of work once finished Inspection /Permitting Services • Provide construction observance of work in public right -of -way Maintenance Services Work with City staff to design cost effective maintenance programs to complement public improvements in the City. Assist with management of on -call services agreements for maintenance functions. • Parks Maintenance • Vehicle Maintenance • Facility Maintenance • Trees Maintenance • Street Sweeping • Sidewalk, Curb and Gutter Maintenance • Hazardous Waste /Illegal Dumping Clean -up • Graffiti Removal • Street Striping- Survey Services Survey base mapping and construction staking; Design surveying, photo control, aerial mapping, centerline surveys, corner records, Record of Survey Geotechnical Services • Perform soils and materials tested -12-