2200 - Kimley Horn and Associates, Inc. (C19502) - Sewer System Comprehensive Study 07-26-2018CITY OF ROSEMEAUS SEWER SYSTEM COMPREHENSIVE STUDY - PRESENTAT10i
(KIMLEY-HORN AND ASSOCIATES, INC.)
This Agreement is made and entered into this, 2Q
day of
ENTOrm =11mulmrs-TROM. -11 I -Am
81vd., rxosemeaa, UaRornia &-l-77-4 k Uny) ana NiMey-ri rn ana 7-770Uate-S M11
place of business at 6671 Las Vegas, Boulevard South, Suite 3120, Las V'eigas, Nevada
8,9119 ("Consultant"). City and Consultant are sometimes individually referred to herein as
Party" and collectively as "Parties,"'
2.1 Consultant.
Consultant desires to, perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement,. Consultant represents that it is experienced in providing professional
I
engineering services to public clients, is licensed', in the State of California and is familiar with
the plans of City'.
2.2 Project.
City desires to engage Consultant to render such professional engineering services
for the sewer system comprehensive study presentation Projectalso referred to as
"Services" as set forth in this Agreement,
3, TERMS.
EM•�
3.1.1 General Scoipeof Services: Consultant promiisies and agrees to furnish
tM the City all labor, materials, tools, equipment�, services, and incidental and customary work
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necessary for the Project, herein referred to, as "Services". The Services are; more
;911'LEAND ASSOCIATES, UNC.
Page 2 of 10
particularly desc�ribed 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.
Term: The terrn of this Agreement shall be from the �Effective Date
shown above to December 31, 2018 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
3i. 2 Responsibilities of Consultant.,
Control and Payrnent of Subordinates, Independent Contractor: The
Services shall be performed by Consultant oir 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 d i:fferent services
for others during the term of this Agreement. Any additional personnel performing the
and shall at all times be under Consultant's exclusive direction and control. ConSUltant shall
pay all wagesi, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as, required by l�aw. 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.
Schedule of Services� Consultant shall perform the Services
-xpeditiously, within the term of this Agreement. Consultant represents that it has, the
professional and technical personnel required to perform the Services in conformance with
Q,uch conditions. In order to facilitate Consultant's conformance with the Schedule, City shall
respond to Consultant's submiittals in a timely man;ner. 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 undeir 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 caninoit agireei as, to the substitution of key personnel', City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fall, 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 promiptly removed from the
KMEY-HORN AND ASS(DCWTES, INC.
Flage 3 of 10
Project by the Consultant at the request of the City.
3.2.5 City's Representative: The City hereby designates the! City Engineer,
hiis or her designee, to act as its representative for the performance of this Agreemer
("City's Representative"). City's Representative shall have the power to act on behalf of t�h
City for alil purposes under this Agreement. Consultant shall not accept direction or order
from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative, Consultant wil�l designate a designee t
act as its representative for the performance of this Agreement ("Consuftant'
Representative"). Consultant's Representative shall have full authority to represent and a(
on behalf of the Consultant for all purposes under this Agreement. The Consultant
Representative shall supervise; and direct the Services, using! his/hier best skill and attentior
and shall be responsible for all means, methods,, techniques, sequences and procedure
and for the satisfactory coordination of all portions of the Services under this Agreement
Coordination of Services: Consultant agrees to work closely with Cil
staff in the, performance of Services and shall be available to City's staff, consultants an
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 compiliance 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,
4_2_5�-a twitozzamiLha rm I e s s u rs u a n t to t h e i n d e m n if i cat i o n rov i s i o n s of t h: i s
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such! laws, rules, or regulations.
MhALEY-H(,.)RN AND ASSOMTES, MC.
Page 4 of 10
3.2.10 Insurance: Consultant shall maintain prior to the beglinning of and for the
4.uration 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 condoder 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
vcc4e-tt LjMvettio* for.9.11 emloloees and subcontractors. such as safe walkwa s, ff Id
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the proper inspection and maintenance of all safety measures.
3.3 '*1 Compensation. Consultant shall receive c:ompensat�ion, including
authorized reimbursements, for all Services rendered under this Agreement and shall not
exceeN Seven Thousand Five Hundred Dollars ($ 7,500,00), Extra Work may be authorized
in writing, as described below, and will be compensated at the, rates and manner set forth in
this Agreement.
3.3.2 Payment and Compensation: Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours, of Services rendered by
Consultant, The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as,
appropriate, through the date of the statement. City shall, within 45 days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3,3 Reimbursement for Expenses: Consultant shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3,4 Extra Work: At any time during the term: of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
3,3,5 Prevailing Wages: Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), whichrequire 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
KIMLEY. HORN AND ASSOCMTES, M.
Page 5 of 10
OF.M. FIRM noM - - MMUEMI Us alvas I
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and agents free and harmless, from any claim or liabifity arising out of any failure or alileged
failure to comply with the Prevailing Wage Laws.
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3.4i.1 Maintenance and Inspection. Coomplete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable, Consultant shall al�loiw 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 thiis
Agreement.
3.5,1 Termination of Agreement,
3.5.1.1 Grounds for Termination: City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause
by giving:: written notice to Consultant of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Consultant shall be compensated only for those services which have been
adequately rendered to City, and Consultant shall be entitled to no further compensation.
Consultant may not terminate thus 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 (115) 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:
KUMUEY HORN AND ASS(..)(',3iIA r"ES, iNC�
Page 6 of 10
K 4'T'i ley.., 11orrand Associates, Inc,
6671 Las Vegas Boi,flevard Souff,, Suiite 320
as Vega , Nevada 89119
Attn: Join Wakenhut, P.P.
Phone; (714) q39-1030
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn- Rafael Fajardo, P,E .- City Engineer
Phone-, (626) 569-2151
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 add�ress. Actual' notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
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ME iiilillii III! i � ii I iii I i i � I I I pill
MEMEMEM=
Documents .aLicensing of Intellectual Property:
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non-exclusive ancil perpetual license Tor any NOGLIMenIS 6 Ja JUH SADEMn
Linder this Agreement. Consultant represents and warrants that Consultant has the I egal
right to license any and all Documents & Data. Consultant makes no such repres,entat�ion
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,
3.5.12 Confidentiality: Al�l ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program, data, input record data, written
information, and other Documents and: Data ee,r created by or provlded to Consultant
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Consultant shall not use City's name or insignia, photographs of the Project, or any publicity
[MLEY-HORN AND AISSOCATES, NC,
Page 7 of 10
pertaining to the Services or the Project in any magazine, trade paper, newspaper, television
or radio production or It similar mediUM without the prior written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one
i;
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.
3.5i.5 Aftorney'sFees- If either party commences an action against the other
party,, either legal, administrative or otherwise, arising, out of or in connection with this the losing party reasonable attorney's fees and all other costs of such action.
Indemnification: To the fullest extent permitted bylaw, Consultant shall
defend, indemnify and hod the City, its off Icials, 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,
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2* and Consultants arisin out of or in connection with the•erformanice, of
MMLEY-FiORN AND ASSOCATES, HNC.
Page 8 of 10
3.5.10 City's Right to Employ Other Consultants: City reserves right to employ
other consultants in connection with this Project.
3.5,11 Successors and Assigns: This Agreement shall be binding on the
successors and assigns of the parties.
3.5. 12 Assignment or Transfer: Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3,5.13 Construction; References; Captions: Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Consultant include all personnel, employees,
agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3,5.14 Amendment; Modification: No supplement, modification, or amendment
of this Agreement shlaIll 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
3,6,1 Prior Approval Required: Consultant shall not Subcontract any portion
of the work reqluired 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 pagel
KMAL EY -HORN AND ASSOCIATES, ING.
Page 10 of 10
CITY OF ROSEMEAD
Gloria Mollecla, City Manager D te
Attest:
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F46ckaa ernan 6"z, City Clerk DafeJ
KIMLEY-140RN AND ASSOC KIES, INC.
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(If Corporation, TWO 8K3NA,",TLJT',,E'S
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President OR Vice Pre'sidOpit ' AND
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Secretary, AND COW)ORA-m ',Q,,�-AL-v V
CONSUL'IFANT REQUIRED]
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Name*
Title:
lWLEY-HORN AND ASSOCWTES, W
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AMFADMENTNUMBEIR ITOTHE A('N'l�EEMI�,N'I'BE'I'WEENl,'IIIE
( I "'LIENTAND KIMLEA-11ORN AND ASSOCIAITIS, INC.
AMENDMI"NTNUMBER. I DATA) March 22, 2018 to flicagreemei it E)etween the, (`ity
of Rosen:icad ("Client") and Kinfloy-florn and Associates, InC., ("COt1S1lltarit") dated Junc 14,
2016 ("'the Agreement") concerr6lig the (,'ity ()t'l�oscmcad's Sewer Systema Cornprellensive Stucly
ROSell,lead, CA (tt"IC'
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The Consultant has entered into the Agreemerit will) Client for the furnishing of
professional services, and the paoics now desire to amend the Agrccnicw.
The'rel'ore, it is mutuady agreed thal the Agreernent is alnended to include Additional
Services to be perlormed by Considtant and provisions Im additional comperm.,ition by the Cfient
to the Consultant, all as set forth in 11-,"xhibit A hereto. The partics natify the terri'ls and conditions
of the Agreement not inconsistent ,vith this Amendment, aH of which. are lneorporated by
reference.
C L I I " NT:
CATY 01,' ROSEM"Al-)
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Date:
ity
W)semead,
Rev, 1 V-08
CONS UL.TANT:
KIM[,]-',Y-IIORN AND ASSOCIA-FES, INC.
Title:11 cctmarll!er
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Date: 03/22/20 18
Exhibit A to Arneridnient Number 1,
Dated March 22, 2018
Consultant shall perform the following Additional Services
SCOPE OF SERVICES
Task 1: Workshop with City Council: Kimley-florn understands that the Client has requested
Kimley-Hoo and its sub -consultant (Wiltdan) to attend one (I) workshop in front of City Conncil
to respond to questions regarding the Scwci- Systern Comprehensive Study and the Nexus
Analysis. This task is Outside the original scope of work and is therefore considered and
additional service. "['his task includes travel time and expenses for Kimley-Hom and Willdan to
attend one (1) meeting in the City of'ROSCfrITlead. We are traveling oin otit of state, so air fare
and ground transportation will be required. Any efforts or requests required as a result of the City
Council meeting will be considered additional services.
FEE AND BILLING
Kiniley-Horn will perform the services described in the Scope of Services Task I on all hourly
labor fee plus expense basis with an initial budget estimated budget of'$7,500.0,0. t.,abor fee will
be billed on all hourly basis according to our then -current hourly rates.
All pen -hitting, application, and similar project fees will be paid directly by the Client. Payment
will be due within 25 days of the date of the invoice.
Rev. I 1 -08
KIML EY -HORN AND ASSOCIATES, M.
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
$1,000,0010 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 $1,0100,000 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, subconsulitants 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 $1,000,0001.00 per occurrence.
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KIMLEY-H, ORN AND ASSOCATES, H`IC.
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a POIICYTorm coverage spTunicaiij TeISUUlelt wwwVIeLA ffjiaffrrs T47, anvy-FAW",
the consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreemient. The pol'ilcy limit shall be no less
than $1,000,000 per claim and 'in the aggree. 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 procuted pursuant to these requirements shall be written by insurers that are
etter and
F minimum financial size V11.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant
and City agree to the following, with respect to insurance provided by Consultant:
KIMLEY-HORN AND ASSOCA-1 ES, RX
endorsement to ConT 0 .
prior to the execution of th,is 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 Consuitant,
at City option.
8, Ciertificate(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
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endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
• It is acknowledged • the parties of this agreemeance 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.
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invol Ived in any way with the project reserves the rigo charge City or Consultant
for the cost of additional insurance coverage req�uired by this agreement. Any such
provisions are to be deleted with reference to City. It i's not the intent of'City to
reimburse any third party for the cost of complying with these requirements. There
M.,
KIMLEY HORN AND ASSOUATES, M
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 againsi
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.
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Client #: 25320 KIM�LHORN
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11
ACORD. CERTIFICATE OF LIABILITY INSURANCE Jf7 912018
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 have ADDITIONAL INSURED provisions or 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, riot confer any rights to the certificate holder in lieu of such endorsement(s).
PROfaUOErR
CON
NAMP
Groylingl Ins. Brokerage/EPIC PHONE
-552-4225 550-4082
C rap �X3�� 770 IA/C. 1 866,
3780 sell Road, Suite 370 E-MAIL
_APDRU.1_fe�rrym �Rqr�eyll Co
mw. !19----
m
Alpharetta, GA 30022 1"QTIMPWQ� Appnorlimr.
INSURED
Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
INSURER A: National Union FIre Ins. Co.
INSURER P , Aspen American Insurance Company
INSURER C , New Hampshire Iris. Co.
s o
INSURER -- D,, Lloydof Lndon
INSURER E
INSURER F:
19445
43460
23841
085202
COVERAGES CERTIFICATE NUMBER: 18-19
REVISION NUMBER:
THIS IS FO CERTIFY THAT JJlL-`r POLICIES OF INSURANCE LISTIED M.10W HAVE BEEN ISSUED TOTHE iNSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATT'.`D, NOTWITHSTANE)ING ANY REQUIREMENT, TERM OR (,ONDTICN OF ANY CON"] RAC I"OR 0 1 HER DOCUMEN " WITH FIESPECT To WHICM THIS
CERTIFICATE MAY BE ISSUED OR MAY PE Hrrjr AIN, THE INSURANCE AFFORDED
BY THE FIOUCAES DESCRIBED HERFIN IS SUBJECT '70 ALL THE TERMS,
rEXCLUSIONS AND CONDITIONS (IF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR ADDLSUSR
OF —(INSURANCE LUSB_WVD ____PQLI CY,IUMB ER
POLICY EFF POLICY EXP
(MMJDD(YVYY) lMWDMYYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY 5268169
014/01/2018 04/01/2019]EACHC.)(;4EIJI:l�'CENCE $'1 00Q., Q___.._...
CLAIMS-MADE L AJ ()CGtJR
En 2=.1Ua0L_ _s 500000
X Contractual Liab.
'AM
MED EXF1 (Ax W one piarscpns25000
. .........
PEHSONAI & &EN �NJIJRY $1 000000
I V___
GEITL Ar.3GRE0,ATE LIMIT APP(, IES FIF Ri
rENk -HAI[,...,L,�Cq3RO"r,,A $2 000 000
,"Jucy Ox ipr,?7 E koc
L
I PR[r,D,K,,TS, GOMP/OP AGG, $2 000 000
$ .. . . . ......
AUTOMOBILE LIAWLITY
A 4489663
C'OMBINEH) �INGLE LIMIT
04/01/2�018 04/01/2019L�&,�_�,�_n'
aaldun� _010-00.19N
X ANY AUTO
BODILY INJURY dPor parson) $
OWNED SCHEDIJI10
ALTOS ONLY ALJ10S
BODLY INJURY (Por wxklent) $
X HIREP x NON OWNED
PROPE A fY OAMAGE
A Ir C3
U ONLY AU TOS ONLY
AUT
� OLLur
.01 2�W1L
B X UMBRELLA LIAR CX005FT18
04/01120118 014/0112019 (EAC A-I 0(.),GURRENCL $,5MO 000
EXCESS LIAB CLAIM&MArW
['015893686
___$5,000,000
RETFNTION$0
$
C WORKERS COMPENSATION 1015893685 (AOS)
F;gT -------------
4/01 /20118 014/01/2019..� 9
AND EMPLOYERS' LlABILl TY Y/N 1
A ANY PROPn�F-.TORIPARTNER�EXECIJII'IVF� � (CA)
04/01/20,118 014101 /2019 E L EACH ACCIDEN T $1 000 000
11 EXU.UDE N )A
01+1GERWEMBE 1) 9
C (Mandidory In NH) 039326820 (ME)
014/01/2018 04/0112019 L . DISEASE - EA EMPLOYEE $1
— — ----- 0Q_01QQL
T es, de c, nhe and
f10N OF OPERATI WOW
LQN r C )P E RAT
E L, DISEASE - POL I Y I IMIT $1
A-00�00N__
D Professional Liab P070831800
04/01/2018 04/01/2019 Per Claim $2,000,000
1 Aggregate $2,000,0�00
DESCRIPTION OF OPERATIONS i LOCATIONS VEHICLES (ACORD 101, Additlonal Rerr,,arks Schedule, may be allached It more space Is req ulradl
Re: City of Rosemead's Sewer System Comprehensive Study - Presentation
019502. The City of Rosemead, its
officials, employees & agents are named as Additional Insureds with respects to General & Automobile
Liability where required by written contract. The above referenced liability policies with the exception of
workers compensation and professional liability are primary & non-contributory where required by written
contract. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract &
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIIES BE CANCELLED BEFORE
City of Rosemead THE EXPIRATION DATE THEREOF, NOTICE,' WILL BE DELAVERED IN
8838 East Valley Boulevard ACCORDANCE WITH THE POLICY PROVISIONS.
Rosemead, CA 91770
AUTHORIZED nEPnrsENrATIVE
0 1q88-2015 ACORD CORPORATION. AH rights reserved.
ACORD, 25 (2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD
2S11425421IV11017400 JNOY1
SAGITTA 25.3 (2016/03) 2 of 2
45I142542/M1017400
POLICY NUMBER� 5268169
MMAWA
CG 20 10 04 13
This endorsement modifies insurance provided under the following:
SCHEDULE
Name Of Additional Insured Person(s)
Or 019_ra_qliaqon(s) Location(s) Of Covered wperatior
ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT.
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU
HAVE ENTERED INTO:.
Information
f or�m--aO—n
ft required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section 11 - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with, respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury"' Caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations,
for the additional insured(s) at 1he, �ocation(s)
designated above.
However:
1, The insurance afforded to such additional
insured only applies to the extent perr-nitted
by law, and
2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
B. With: respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury"
or "property darnage" 0C(;Ur1iF1g aftell-.
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
'the location of tire covered operations has
been completed; or
2. That portion of "your work" OLA Of WNCh
the injury or damage arises has been put to
its interided use by any person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
sauce project.
C 20 10 04 13 0 insurance Services Office, Inc., 2012 Page 1 of 2 0
C, With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of: insurance-,
1. Required by the contract or agreement, or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
wh-trhe-vPr is less,
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10: 04 13 Cl
POLICY NUMBER: 5268169
COMMERCIAL GENERAL LIABILITY
CG 20i 37 04 113
W1401 kily SMA" 1101 fwg� N&W 4:1,94 P-MOOMIAlral Lei ki
This endorsement modifies *insurance provided under the following,:
C4:71w"IME140AL GENERAL LIABILITY COVERAGE PART
PROD UCTS/COM P'LETED OPERATIONS LIABILITY` COVERAGE PART
SCHEDULE
--L—ocation '-A"'n"d —Descript—fo",n` —0fCom-p--le—ted Operations
Or Organization1s)
ANY PERSON OR ORGAN17-ATION PER THE CONTRACT OR AGREEMENT,
WHOM YOU BECOME OBLIGATED
TO INCLUDE AS AN ADDITIONAL INSURED
AS A RESULT OF ANY CONTRACT OR
AGREEMENT YOU HAVE ENTERED INTO,
Information required to complete this Schedule, if not shown above, will be shown in the Declarations,
A. Section III - Who Is An Insured is amended To
includo as an additional insured the persun(s) or
organization(s) shown in the Schedule, but only
with respect to liability for '"bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the ZSchedule of this endorsernent
performed for that additional insured and
included In the "products -completed operations,
hazard".
However:
1. The insurance afforded to such additionai
insured only applies to the extent pomTlittecl
Lay law; and
2, If coverage provided to the additional
insured is requ!ired by a contract or agree-
mwll, the iinsuuc<anc e afforded lo su(;h all(Ji-
tional insured will not be broader than that
which YOU are recluired by the contract or
agreernent to provide for Such additioriall
insured,
B, 'With respect to the 4isurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
reqtiired by 9 contract or agreeroent, tho rnost
we will pay on behalf of the additional insured
is the arnount of insurance.
1. Re(;L.lired by the contract or agreernent,' or
2 Availlhle iI the aripfirible Limits of Inso-
rance shown In the Doclarations;
whichever is less,
11-0s endorsement shall not increase the appli-
cahle Uma+ of Insuranco shown in The Decla-
rations,
CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 0