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HomeMy WebLinkAboutC-17991. PARTIES AND DATE. This Agreement is made 'and entered into this b t day of to , 2001 by and between the City of Arcadia, a municipal organization organized un er the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 -6021 ( "City ") and JMD Engineering Inc., a corporation with its principal place of business at 2908 Alessandro Street, Los Angeles, CA 90039 ( "Consultant "). City and Consultant are sometimes individually referred to 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 electrical 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 services for the Anoakia Well Construction Project ( "Project ") 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 electrical engineering services necessary for the Project ( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term The term of this Agreement shall be from July 1, 2001 to June 30, 2002, 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. RVPUB \NGS \557188 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, as requested by the City's Representative. 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 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: Mr. Joseph L. McDowell. RVPUB \NGS \557188 2 3.2.5 City's Representative The City hereby designates Mr. Pat Malloy, Public Works Services 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 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. Joseph L. McDowell, or his or 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 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. 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 indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claims or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. RVPUB \NGS \557188 3 3.2. 10 Insurance. 3.2.10.1 Time for Compliance Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability Consultant shall procure and maintain, and require its sub - consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: RVPUB \NGS \557188 4 (A) General Liability The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds; No Special Limitations All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self - Insurance Retentions Any deductibles or self - insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. R VPUB \NGS \557 188 5 3.2.10.7 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safety Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and 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 at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Eight Thousand Dollars and No Cents ($8,000.00) without written approval of City's Representative. 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 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. RVPUB \NGS \557188 6 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. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement 3.5.1.1 Grounds for Termination City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents 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: RVPUB \NGS \557188 7 Consultant: City: JMD Engineering, Inc. 2908 Allesandro Street Los Angeles, CA 90039 Attn: Mr. Joseph L. McDowell City of Arcadia 11800 Goldring Road Arcadia CA 91066 Attn: Mr. Pat Malloy, Public Works Services Director 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 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. RVPUB \NGS \557188 8 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 Consultant shall indemnify and hold the City, its officials, officers., employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. 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. RVPUB \NGS \557188 9 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. 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. RVPUB \NGS \5571 SS 10 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. CITY OF ARCADIA By: on g am By William R. Kelly City Manager JMD ENGINEERING, INC. 9 se"phL. McDowell Principal ATTEST: Clerk APPROVED AS TO FORM. Stephen P. Deitsch, City Attorney RVPUB \NGS \557188 11 EXHIBIT " A " SCOPE OF SERVICES Consultant shall provide the following services: SCOPE OF WORK The scope of work for this project as we understand it will consist of the following: 1. Review of the electrical drawings and specifications prepared by another engineer and report as required on any deficiencies, discrepancies or recommendations that may improve the quality of the project. 2. Construction Administration Services consisting of the following: a. Assist the City in reviewing contractor change order requests. b. Office consultation during the construction period and responding to contractor RFIs. c. Shop drawing and submittal review. d. Field observation of construction followed by a Field Observation Report as requested by the City or contractor. e. Prepare Modification Requests and drawings as required by City. - RVPUB\NGS \557188 A -1 EXHIBIT "B" COMPENSATION COMPENSATION In consideration for these services, JMD Engineering shall be compensated on an hourly basis not to exceed $8,000.00. Invoicing will be monthly per the attached 2001 Rate Schedule. 2. If the client fails to pay the engineer within 45 days after receipt of the engineer's invoice, the engineer may, after giving seven days written notice to the client, suspend services under this agreement until his outstanding invoices have been paid in full. REIMBURSEABLE EXPENSES Reproductions, postage and handling of drawings, specifications and other documents, excluding reproductions, postage and handling for in -house use and use of our clients. 2. Expenses for special data processing and photographic production techniques. Overtime expenses requiring higher than regular rates. 4. Computer Aided Drafting (CAD) generated expenses requiring outside plotting, - - reproducible - mylars -or special media and special project required software. Travel reimbursed at the rate of $0.32 per mile plus any parking charges. RVPOB \NGS \557188 B -1 07/17/01 15:55 FAX 3236679083 JMD /RANDALI, ENG. Z04 ENGINEERING, INC. Electrical Engineering 2908 Allesandro Street Los Angeles, Califomia 90039 323.667.9082 * Fax: 323.667.9083 email. jmd_engineer@earthlink.net HOURLY RATE SCHEDULE The 2001 Hourly Rate Schedule for professional engineering services performed by JM D Engineering will be at the following rates: Principal $115.00/hour Senior Project Engineer $87.50/hour Project Engineer $71.50/hour Design Engineer $63.50/hour Clerical CAD Operator $48.00/hour $51.50 /hour F:UMD EngineenngWropmis12001 Hourly Rales.dx a ,�c t?RD � CERTIFICAr _ OF LIAB INSUF NCE DATE (MMlDDlYY) 08/03/2001 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Secure Net Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 15720 Ventura Blvd. Suite 302 Encino, CA 91436 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY EXPIRATION P:818- 382 -4089 F:818 -382 -4088 INSURERS AFFORDING COVERAGE INSURED INSURER A: AMERICAN MOTORISTS INSURANCE COMPANY JMD Engineering, Inc. INSURER B: 2908 Allesandro Street INSURER C: Los Angeles CA 90039 - I NSURER D: INSURER E: 02/18/2001 WGIVA:3:zAN=,y 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 1 000 ,000 A ® COMMERCIAL GENERAL LIABILITY ❑ CLAIMS MADE a OCCUR 7RS659215 -01 02/18/2001 02/18/2002 FIRE DAMAGE (Anyone fire) $ MED EXP (Any one person) _100,000 $ 10,000 CONTP.ACTUAL LT_AB. PERSONAL & ADV INJURY $ INCLUDED ❑ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 2,000,000 ® POLICY ❑ PRO ❑ LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ❑ ❑ ❑ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ ❑ ❑ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Par accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ❑ ANY AUTO ❑ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY ❑ OCCUR � CLAIMS EACH OCCURRENCE $ AGGREGATE $ ❑ DEDUCTIBLE $ ❑ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- CH - T RY LIMI E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ El, DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS THE CITY, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, & VOLUNTEERS SHALL BE COVERED AS ADDITIONAL INSURED WITH RESPECT TO WORK OR OPERATIONS DONE BY JMD ENGINEERING. INSURANCE IS PRIMARY. CERTIFICATE REVISED & CORRECTED 0 08 -03 -2001 ;f THIS CERTIFICATE SUPERCEDES THE CERTIFICATE ISSUED ON 08 -01 -2001. x/L, '� t+CK I trit..A I t MULUtt[ I U I ADDITIONAL INSURED; INSURER LETTER: " I.ANt.,tLLA 1 IUN THE CITY OF ARCADIA (COMPLETE NAME ABOVE) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY CLERKS OFFICE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 03 0 DAYS WRITTEN 240 W. HUNTINGTON DRIVE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PO BOX 60021 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ARCADIA CA 91066 -0621 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE (626) 359 -7028 FAX ACORD 25 -S (7/97) nACORD COR RATION 19RR Jc� is also an insured, but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a "Bodily injury' to a co- "employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or oc- cupied by you or the employer of any person who is an insured under this provision. 4. Any person or organization who leases or rents a portion of your premises to whom or to which you are obligated by virtue of a written contract or agreement is an in- sured, but only with respect to liability arising out of your ownership, mainte- nance or repair of that portion of the premises which is not reserved for the ex- use or occupancy of such person car organization or any other tenant or les- see. `i VUw prior to the "bodily injury," "property dam- age," "personal injury" or "advertising injury." This provision does not apply to any per- son or organization included as an insured under Additional insureds — Vendors. D. LIABILITY AND MEDICAL UPENSES LIMITS QFINSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or 'quits" brought; or c. Persons or organizations making claims or bringing "suit." 2. The most we will pay for the sum of all damages because of all: a. "Bodily injury," "property damage" and medical expenses arising out of any one "occurrence "; and No person or organization is an insured with respect to the conduct of any current or past p artners hip, j v or limited li abilit y company that is not shown as a Named in- sured in the Declarations. S. Additional Insureds by Contract, rA Agreement or Permit Any erson or organization to whom or to which you are obligated by virtue of a 3. written contract, agreement or permit to provide such insurance as afforded by this poll is an insured, but only with respect to liability arlsing out of: a. "Your work" for that insured by you; b. Permits issued by state or political subdivisions for operations performed by you; or Q Premises you own, rent, occupy or use. This provision does not apply unless the written contract or agreement has been executed, or the permit has been issued, b. "Personal injury" and "advertising in- jury" sustained by any one person or organization is the Liability and Medical Expenses Limit shown in the Declarations. But the most we will for all Medical Expenses be cause of "b odily injury" sustained by any one person is the Medical Expenses Limit shown in the (7Prla rarions. The most we will pay under Business Li- ability Coverage for damages because of "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner arising out of any one fire, lightning, sprinkler leakage or explosion is the Fire Legal Li- ability Limit shown in the Declarations. 4. Aggregate Limits The most we will pay for: a. Injury or damage under the "products - completed operations hazard" arising from all "occurrences" during the pol- icy period is the Products - Completed Operations Aggregate Limit shown in the Declarations. SP 71 Oa (Ed. 07 99) Page 12 of 20 Printed in U.S.A. AOR © , w , CERTIFIC.4 E OF LIABILITY INSU ,ONCE 08/03/2001 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Secure Net Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 15720 Ventura Blvd. Suite 302 Encino, CA 91436 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY EXPIRATION DATE iMMIDD[YY P:818- 382 -4089 F:818- 382 -4088 INSURERS AFFORDING COVERAGE INSURED INSURER A: CNA J'MD Engineering Inc. INSURER B: 2908 Allesandro Street INSURER C: Los Angeles CA 90039 - INSURER D: INSURER E: IN�I� /�CJafH3�`i 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/r)r)rYYI POLICY EXPIRATION DATE iMMIDD[YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ❑ COMMERCIAL GENERAL LIABILITY ❑ CLAIMS MADE Fill OCCUR FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) _ $ ❑ PERSONAL 3ADV INJURY $ ❑ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ ❑ POLICY ❑ PRO- ❑ L0C JFCT AUTOMOBILE 1:1 LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ❑ ❑ BODILY ALL OWNED AUTOS SCHEDULED AUTOS INJURY (Per person) $ ❑ ❑ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ❑ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY ❑ OCCUR ❑❑ CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ ❑ DEDUCTIBLE $ ❑ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH- T LIMITS E.L. EACH ACCIDENT _ $ E.L. DISEASE - EA EMPLOYEES E.L. DISEASE - POLICY LIMIT , $ OTHER A PROFESSIONAL LIAB. SFE 113991207 02/05/2000 02/05/2003 OCCURRENCE 1,000,000 $1000 DED. PER CLAIM AGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS PROFESSIONAL LIABILITY DOES NOT INCLUDE CONTRACTUAL LIABILITY. P CERTIFICATE REVISED AND CORRECTED ON 08 -03 -2001. X THIS CERTIFICATE SUPERCEDES THE CERTIFICATE ISSUED ON 08 -01 -2001. t,mm I Irium I C MULUMM I U I ADDITIONAL INSURED; INSURER LETTER:. L ANN I=LLA I IL)N THE CITY OF ARCADIA (COMPLETE NAME ABOVE) CITY CLERKS OFFICE 240 W. HUNTINGTON DRIVE PO BOX 60021 ARCADIA CA ACORD 25 -S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 03 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 91066-0621 REPRESENT! AUTHORIZED (626) 359 - 7028 FAX r' ©ACOFM COIRPORATION 1988 21st Century Insurance Company 6301 Owensmouth Avenue Woodland Hills, California 91367