2200 - CEJ Engineers Inc - Zapopan Park Improvement Project Construction Mangement Serivcesc.c.
PROFESSIONAL SERVICES AGREEMENT
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PARTIES AND DATE.
This Agreement is made and entered into this 4 1 day of 20
(Effective Date) by and between the City of Rosemead, a municipal organ zation 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 CEJ Engineers, Inc. with its principal place of
business at 15859 East Edna Place, Suite 101, Irwindale, CA 91706 ( "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 construction
management 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 construction management services
for the Zapopan Park Improvements Project ( "Project'), also referred to as "Services" as set
forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3. 1.1 General Scope of Services: Consultant promises and agrees to furnish
to the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional construction management
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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 be from the Effective Date
shown above to December 31, 2016 unless earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement, and shall meet
any other established schedules and deadlines. The Parties may, by mutual, written
consent, extend the term of this agreement is necessary to complete the Services
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor: The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor basis
and not as an employee. Consultant retains the right to perform similar or different services
for others during the term of this Agreement. Any additional personnel performing the
Services under this Agreement on behalf of Consultant shall also not be employees of City
and shall at all times be under Consultant's exclusive direction and control. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including,
but not limited to: social security taxes, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services: Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance with
such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall
respond to Consultant's submittals in a timely manner. Upon request of City, Consultant
shall provide a more detailed schedule of anticipated performance to meet the Schedule of
Services.
3.2.3 Conformance to Applicable Requirements: All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel: Consultant has represented to Citythat
certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse
to perform the Services in a manner acceptable to the City, or who are determined by the
City to be uncooperative, incompetent, a threat to the adequate or timely completion of the
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Project or a threat to the safety of persons or property, shall be promptly removed from the
Project by the Consultant at the request of the City.
3.2.5 City's Representative: The City hereby designates the City Engineer, or
his or her designee, to act as its representative for the performance of this Agreement
( "City's Representative "). City's Representative shall have the power to act on behalf of the
City for all purposes under this Agreement. Consultant shall not accept direction or orders
from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative: Consultant will designate a designee to
act as its representative for the performance of this Agreement ( "Consultant's
Representative "). Consultant's Representative shall have full authority to represent and act
on behalf of the Consultant for all purposes under this Agreement. The Consultant's
Representative shall supervise and direct the Services, using his /her best skill and attention,
and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services: Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall perform, at
its own cost and expense and without reimbursement from the City, any services necessary
to correct errors or omissions which are caused by the Consultant's failure to comply with
the standard of care provided for herein.
3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal /OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
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3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the
duration of this Agreement insurance coverage as specified in Exhibit B attached to and part
of this agreement.
3.2.11 Safety: Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement and shall not
exceed Ten Thousand Dollars ($ 10,000.00). Extra Work may be authorized in writing, as
described below, and will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Payment and Compensation: Consultant shall submit to City monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work: At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
3.3.5 Prevailing Wages: Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
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applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws,
and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such
Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of
per diem wages in effect at the commencement of this Agreement. Consultant shall make
copies of the prevailing rates of per diem wages for each craft; classification or type of
worker needed to execute the Services available to interested parties upon request, and
shall post copies at the Consultant's principal place of business and at the project site.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection: Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Consultant shall
allow inspection of all work, data, documents, proceedings, and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at anytime and without cause
by giving written notice to Consultant of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Consultant shall be compensated only for those services which have been
adequately rendered to City, and Consultant shall be entitled to no further compensation.
Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished
Documents/ Data and other information of any kind prepared by Consultant in connection
with the performance of Services under this Agreement. Consultant shall be required to
provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services: In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
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CONSULTANT:
CEJ Engineers, Inc.
15859 East Edna Place, Suite 101
Irwindale, CA 91706
Attn: Mr. Joaquin Cervantes, P.E.
Phone: (626) 893 -9266
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: Rafael Fajardo, P.E. — City Engineer
Phone: (626) 569 -2151
Fax: (626) 569 -2303
Such notice shall be deemed made when personally delivered or when mailed,
forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property:
This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited to,
physical drawings or data magnetically or otherwise recorded on computer diskettes, which
are prepared or caused to be prepared by Consultant under this Agreement ( "Documents &
Data "). Consultant shall require all subcontractors to agree in writing that City is granted a
non - exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data. Consultant makes no such representation
and warranty in regard to Documents & Data which were prepared by design professionals
other than Consultant or provided to Consultant by the City. City shall not be limited in any
way in its use of the Documents and Data at 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
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pertaining to the Services or the Project in any magazine, trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees: If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification: To the fullest extent permitted bylaw, Consultant shall
defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents
free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of, pertaining to, or relating to any negligence, errors or
omissions, recklessness, or willful misconduct of Consultant, its officials, officers,
employees, agents, and Consultants arising out of or in connection with the performance of
the Consultant's Services, including without limitation the payment of all consequential
damages, expert witness fees, and attorneys fees and other related costs and expenses.
Consultant shall defend, at Consultant's own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against City, its directors, officials, officers, employees, agents, or volunteers.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents, or volunteers, in any such
suit, action or other legal proceeding. Consultant shall reimburse City and its directors,
officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and
costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds,
if any, received by the City, its directors, official's officers, employees, agents, or volunteers.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence: Time is of the essence for each and every provision
of this Agreement.
3.5.10 City's Right to Employ Other Consultants: City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns: This Agreement shall be binding on the
successors and assigns of the parties.
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3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions: Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Consultant include all personnel, employees,
agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification: No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries: There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability: If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicitor secure this Agreement. Further, Consultant warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants
to file, a Statement of Economic Interest with the City's Filing Officer as required understate
law in the performance of the Services. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.19 Equal Opportunity Employment: Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor, employee
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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]
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CITY OF ROSEMEAD CEJ ENGINEERS, INC.
By: �95t
&EI 1Zm Ais, City Manager Date Date
Name; aqk 0,69 -LAfy fO
Attest:
Title: t 06v r
City Clerk Date
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL OF
CONSULTANT REQUIRED]
Date
Name: 106 tA)
Title: WC-f- t�
CEJ ENGINEERS. INC.
SCOPE OF SERVICES
SEE REQUEST FOR PROPOSAL (RFP) AND CONSULTANT'S PROPOSAL
A -1
li,(GiOrccg lm
April 18, 2016
Mr. Rafael Fajardo, P.E
City Engineer
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Subject: Proposal for Construction Management Services for the Zapopan Park
Improvement Project
Dear Mr. Fajardo:
CEJ Engineers, Inc. can provide the City of Rosemead with the technical expertise required to
successfully complete the Project documents for the subject project. The CEJ team will provide services
required for this project as described in the Scope of Work.
The following Exhibits are enclosed:
• Exhibit A — Scope of work
• Exhibit B —Schedule of Hourly Rates
CEJ Engineers, Inc. is excited about this opportunity to use our team's skills and expertise to assist the
City of Rosemead with this Project. Please feel to contact us to discuss any aspect of this proposal.
Respectfully Submitted,
C�2T Of A11
PuNic works :Departneent
Dnr irreering Division
- Zeceive t,_. Date:
Joaquin Cervantes, P.E. Approved y men.tert
President
CEJ Engineers, Inc.
15859 East Edna PI., Suite 101,
Irwindale CA., 91706
CEJ Engineers, Inc.
15859 East Edna PI., Suite 101, Irwindale CA., 91706 / 626 - 960 -0152 1626.893.9266
( lgginrrc +. Lie
CEJ will provide Project Management, Administration services for the subject project as indicated on
Plans and Specifications. The major tasks include the following;
1. Review construction document transmittals, i.e. shop drawings, Requests for Information,
Requests for Change Orders, etc., submitted by the Construction Contractors prior to
incorporation into the work;
2. Attend regular progress review meetings with the Construction Contractors to ascertain job
progress and identify and resolve problems;
3. Respond to all of the Construction Contractors' Requests for Information;
4. Maintain shop drawings logs, tracking the date submitted by the Construction Contractors, date
returned to the Construction Contractors.
5. Process plans and shop drawings submittals in a timely manner, and stamp acceptable documents
"Released For Construction"
6. Maintain Request for Information Logs and Request for Change Order Logs, tracking the data
submitted by the Construction Contractors and date returned to the Construction Contractors;
7. Respond to notice of potential claim received from the Construction Contractors and take all
steps necessary to mitigate delays;
8. Analyze all of the Construction Contractors' claims and make recommendations for possible
resolutions;
PROPOSED FEE
Our proposed fee is based on the proposal required format and is not to exceed lump sum fee amount of
$10,000 based on established hourly rates.
City of Rosemead Zapopan Park Improvements
Construction Management Services
C 1, EJ
Exhibit B
CEJ ENGINEERS, INC.
Effective July 1, 2015 to June 30, 2016
Hourly Rate Schedule
Principal Engineer ............ .........................140.00
Cost plus 10%
Project Manager ........ ...............................
130.00
Senior Project Engineer ...........................
120.00
Senior Engineer ....... ...............................
110.00
Associate Engineer ... ...............................
100.00
Design Engineer .............. ..........................95.00
Designer /CADD Drafter ............................ 90.00
Clerical/Technical Aide .............................. 65.00
SURVEYING DIVISION
Senior Surveyor ............... .........................140.00
Cost plus 10%
Senior Survey Analyst ..... .........................130.00
..... 100.00
Survey Analyst II ............. .........................115.00
Survey Analyst I .............. .........................100.00
Cost
Survey Party Chief .......... .........................105.00
Cost
Field Party (Three) .......... .........................190.00
Field Party ( Two) ............. .........................175.00
Field Party ( One) ......... .........................110.00
LANDSCAPE ARCHITECTURE
Senior Landscape Architect ......................105.00
Associate Landscape Architect .................. 95.00
REIMBURSABLE EXPENSES
Reproduction ..... ............................... Cost
CONSTRUCTION MANAGEMENT/ INSPECTION
Operations Manager ........ .........................110.00
Cost plus 10%
Supervising Public Works Observer ....
..... 100.00
Construction Manager ..... .........................110.00
Construction Engineer ...... ..........................85.00
Cost
Subconsultant Services.. ...................
Cost plus 10%
Automobile Transportation ..................
Current rate
Delivery, Freight, Courier .....................Cost
Agency Fees ..... ...............................
Cost
Commercial Travel / Subsistence.........
Cost
Additional billing classifications maybe added to the above listing during the year as new positions are created. The above schedule is far stralght time. 9lueprinting,
reproduction, messenger services, and printing will be Invoiced at cost plus ten percent (10%). A subconsuitant management fee often percent (IOWA) will be added
to fhe direct cost of all subcensuitanl services to provide for the cast of administration, consultation, and coordination. Valid July 1, 2015 thru June 30, 2016,
thereafter, the rates maybe raised once per year to the value of change of the Consumer Price Ind" for the Los Angeles(Orange county area, but not more than live
percent per year.
City of Rosemead Zapopan Park Improvements
Construction Management Services
CEJ ENGINEERS, INC.
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less
that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be
satisfied by a non -owned auto endorsement to the general liability policy described above.
If Consultant or Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum $25,000 self- insured retention for
liability not covered by primary but covered by the umbrella. Coverage shall be provided on
a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall
contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of Consultant, subconsultants or others involved
in the Work. The scope of coverage provided is subject to approval of City following receipt
of proof of insurance as required herein. Limits are subject to review but in no event less
than $1,000,000.00 per occurrence.
ME
CEJ ENGINEERS, INC.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on
a policy form coverage specifically designed to protect against acts, errors or omissions of
the consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no less
than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the
insured and must include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
licensed carriers in the state of California and with an A. M. Bests rating of A- or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
M
CEJ ENGINEERS, INC..
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests .
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self- insure its obligations to City. If
Consultant's existing coverage includes a deductible or self- insured retention,
the deductible or self- insured retention must be declared to the City. At that time
the City shall review options with the Consultant, which may include reduction or
elimination of the deductible or self- insured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
M�
CEJ ENGINEERS, INC.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of City to inform Consultant of non - compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all -
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
I:E!
CEJ ENGINEERS, INC.
Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
09
O ®
A
`` " . ..� + ���r CERTIFICATE OF LIABILITY INSURANCE
GATE (MMIDD /VYYY)
09/18/2015
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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Hiscox Inc. d /b /a/ Hiscox Insurance Agency in CA
520 Madison Avenue
CONTACT
NAME;
PHONE FAX No:
c Ext: (888)202-30 7
ADDRESS: contact @hiscox.com
INSURER(S) AFFORDING COVERAGE
NAIC#
32nd Floor
INSURER A: Hiscox Insurance Company Inc
10200
New York, NY 10022
INSURED
INSURER B:
$ 100,000
INSURER C;
MED EXP (Anyone person)
CEJ Engineers
INSURER 0:
15859 E edna pl suite 101
INSURER E:
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY [:]
ECT ❑LOO
OTHER:
GENERALAGGREGATE
INSURER F:
PRODUCTS - COMPIOP AGO
irwindale CA 91706
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INBR
LTR
rypE OFINSURANCE
ADDL
SUBR
POLICYNUMBER
MMI�
MM /DDNYyY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS4ADE X OCCUR
UDC - 1633612- CGL -15
09/18/2015
09/18/2016
EACH OCCURRENCE
$ 1,000,000
DAMAGE TO
PREMISES Ea occurrence
$ 100,000
MED EXP (Anyone person)
$ 5,000
PERSONAL &ADV INJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY [:]
ECT ❑LOO
OTHER:
GENERALAGGREGATE
$ 2,000,000
PRODUCTS - COMPIOP AGO
$ S/T Gen. Agg.
$
AUTOMOBILE LIABILITY
ANYAUTO
ALL OWNED SCHEDULED
NON-OWNED
HIRED AUTOS UT
COMBINED SINGLE LIMIT
Ea accident
$
BODILY INJURY (Per unbend)
$
BODILY INJURY(Peraccldwd)
$
PROPERTY DAMAGE
Peraccldent
$
UMBRELLALIAB
EXCESS LIAR
OCCUR
CLAIMS-MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED I
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANYPROPRIETORIPARTNERIEXECUTIVE ❑
OFFICEWMEMBEREXCLUDEDP
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
STATUTE E
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
@ 1988 -2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE n
@ 1988 -2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
Fax Server 10/8/2015 1:30 :53 PM PAGE 4/013 Fax Server
0 « Interinsurance Exchange of the Automobile Club
Automobile Insurance Policy Coverages and Limits
Renewal Declarations
We are pleased to offer you a renewal for your automobile Insurance policy. To renew your policy, send at least the minimum payment on or
before the due date. Insurance is in effect only for the vehicles, coverages, and limits of liability shown on this declarations page and as set forth
In the Insurance policy and endorsements. These declarations, together with the contract and the endorsements In effect, complete your policy. if
any change to your policy or to the information we have on file results Ina premium decrease during the policy period, the Interineurance
Exchange reserves the right to apply any refund due to your outstanding balance. _..
JOAQUIN CERVANTES
POLICY PERIOD (PACIFIC STANDARD TIME)
CEJ ENGINEERS INC
POLICY EFFECTIVE DATE:
00-27-15
1 2:01 A. M.
15859 E. EONA PL. SUITE 101
IRWINDALE CA, 91706
POLICY EXPIRATION DATE:
09.27.16
12:01 A.M.
VEHICLES
VEH.
IDENTIFICATION
VEHICLE GARAGE ANNUAV'
VERIFIED
SALVAGE
NO, YEAR MAKE MODEL
NUMBER
USE 21P CODE MILES
MILEAGE
1 2014 JAG X. EWE
SAJWA1CZ3E8Vf3489 BUSINESS 91744 7,801 - 10,000
NO
NO
2 2012 KIA OPTIMA HYBRID
KNAGM4ADBC5024126 COMMUTE 91744 5,501 - 7,500
NO
NO
ag PROCESS DATE 08 -24 -15 PLEASE ATTACH TO YOUR POLICY
(SEE REVERSE)