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Agreement_2015-02-17_Rincon Consultants Inc_Environmental documents for 5935 Temple City Blvd
"MA AGREEMENT COVER SHEET EI.'r'11,i% : I a T�of Contract Consultant Services ❑ Professional Services ❑ Public Works ❑ Other: Meeting Date of Approval (only If Applicable) 20I s - Date Contact Information Name of Company: IZ l Nk C.ON Co t A QLA 1--rAMTS, XNC- Address: 060 t�,ltg�!rH A-s"We pp Cele l>✓ Y�t.trut� � Gtr �i'30o3 Contact Person: �10e FrWC--V2 AIGP FV1MUPPkt- Phone Number: Email: Scope (Type of Project) P R�pP1zE F�l�vl RL)�1 titE.N rPd.. 'DOC�Ir-l��l'�S R� �Z. S�`3�a TRIPLE c-�Ty �ou�c�lAc�.P. Term of Contract Beginning Date Contract Completion Date Contract Reviewed BVtment ❑ City Manager Director- WJ City Attorney ❑ No Changes to the Template ❑ Administrative Services Director ❑ Other: Insurance ❑ Additional Insured Endorsement ❑ Cancellation Provision ❑ General/Auto/Workman Comp. Expiration Date: Notes: Date AGREEMENT FOR SERVICES By and Between THE CITY OF TEMPLE CITY, a municipal corporation and RINCON CONSULTANTS, INC. AGREEMENT FOR SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND RINCON CONSULTANTS, INC. This Agreement for Services ("Agreement") is entered into as of this %% day of ae bi , 20_19— by and between the City of Temple City, a municipal corporation ("City") and Rincon Consultants. Inc., a California Corporation ("Service Provider"). City and Service Provider are sometimes hereinafter individually referred to as "Party' and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought the services defined and described particularly in Exhibit A, Scope of Services, of this Agreement. Consultant is uniquely qualified to provide these services. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Exhibit A of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Temple City's Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement. D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to the schedule specified in Exhibit "A." SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of this Agreement by this reference. -1- (b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit "A." Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services. SECTION 3. ADDITIONAL SERVICES. Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 "Administration and Implementation" or Section 28 "Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed forty-four thousand, two -hundred, and thirty-nine dollars ($44.239 ), unless additional compensation is approved in writing in accordance with Section 26 "Administration and Implementation" or Section 28 "Amendment" of this Agreement.. (b) Each month Service Provider shall famish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub -Service Provider contracts. Sub -Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit `B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider's correct and undisputed invoice. (d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider. SECTION 5. INSPECTION AND FINAL ACCEPTANCE. -2- City may inspect and accept or reject any of Service Provider's work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Service Provider's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 "Indemnification" and Section 17 "Insurance." SECTION 6. OWNERSHIP OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall tum over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider's guarantees and warranties in Section 9 "Standard of Performance" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS. (a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider's performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider's address indicated for receipt of notices in this Agreement. -3- (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in -interest and authorized representatives. (a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider's officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Service Provider expressly waives any claim Service Provider may have to any such rights. SECTION 9. STANDARD OF PERFORMANCE. Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement, and shall use such skill, prudence, and diligence as other members of Service Provider's profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Service Providers work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of -4- this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section. SECTION 11. PREVAILING WAGE LAWS. It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, "construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. SECTION 12. NONDISCRIMINATION. Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. SECTION 13. UNAUTHORIZED ALIENS. Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et sec., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. SECTION 14. CONFLICTS OF INTEREST. (a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider's performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. -5- (c) City understands and acknowledges that Service Provider will, perform non - related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena. (c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Service Provider's conduct. (d) Service Provider shall promptly notify City should Service Provider , its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any parry regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. SECTION 16. INDEMNIFICATION. Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider's services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees It.' or sub -contractors of Service Provider, in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub -contractors of Service Provider. (c) Indemnification from Sub -Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub -Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (d) Limitation of Indemnification. Notwithstanding any provision of this section to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term "design professional," as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (e) City's Negligence. The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. SECTION 17. INSURANCE. Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. -7- These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request. SECTION 18. ASSIGNMENT. The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider's duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 "Termination of Agreement." City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 19. CONTINUITY OF PERSONNEL. Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider's staff and subcontractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider's staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance. SECTION 20. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider's possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. SECTION 21. DEFAULT. In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 "Termination of Agreement." Any failure on the part of the City to give notice of the Service Provider's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. SECTION 22. EXCUSABLE DELAYS. Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION 23. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement. SECTION 24. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: City of Temple City Attn: City Manager 9701 Las Tunas Dr. Temple City, CA 91780 To Service Provider: Rincon Consultants, Inc. Attn: Joe Power, AICP, Principal 180 North Ashwood Avenue Ventura, California 93003 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION 25. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Service Provider represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Service Provider to the performance of its obligations hereunder. SECTION 26. ADMINISTRATION AND IMPLEMENTATION. This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 "Amendment" and the City Manager's contracting authority under the Temple City Municipal Code. SECTION 27. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. SECTION 28. AMENDMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority under the Temple City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. SECTION 29. WAIVER. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement. SECTION 30. LAW TO GOVERN; VENUE. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles. SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Parry in such litigation or other proceeding shall be entitled to -10- an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION 32. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding. SECTION 33. SEVERABILITY. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). SECTION 34. CONFLICTING TERMS. Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written. ATTEST: P")-�4y� Peg6Kuo 'j 1 v - City Clerk - 11 - CITY OF TEMPLE CITY Bryan Cook, City Manager APPROVED AS TO FORM Eric ai City Attorney NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. -12- State of California County of CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On WD'( -O ." 'Z ,2o�� before me, Mone._D%\�G(� i7t r., (here insert name and title of officer) personally appeared gvNgn W\ - SgOrt who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)/are subscribed to the within instrument and acknowledged to me that 4@41ite/they executed the same in hi 4wotheir authorized capacity(ies), and that by big4-+Wtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature fika0 OPTIONAL INFORMATION MONA DUVAI COMM. #2045377 ac 0 Notary Public • California p Z Ventura County Comm. Oct. 14, 2017 (Seal, Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) Title(,) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Neri of Persons) or Enntyies) signer Is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification Q credible witness(es) Notarial event is detailed in notary journal or Page It Entry # Notary contact: Other ❑ Additional Signers) ❑ signer(s)Thumbprint(s) EXHIBIT "A" SCOPE OF SERVICES A Mitigated Negative Declaration (MND) is anticipated to be the appropriate environmental document for the project. If it is determined through the early consultation process that the project may result in significant and unavoidable environmental impacts, we will notify the City immediately to determine the necessary course of action. This could include revising the work scope and budget to accommodate the preparation and processing of a focused environmental impact report (EIR). The documentation will use existing data and analyses, including studies prepared for previous environmental documents in the site vicinity as well as other accessible documents for similar projects, to the extent practical. The major tasks involved in the preparation and processing of the MND are described below. 1. Kickoff Meeting - Rincon will attend a kickoff meeting with City staff. The meeting will serve to discuss fundamental process, scope and approach issues, and as a forum to review and confirm study objectives and establish an operational protocol. Working schedules will be finalized, and details for scheduled tasks will be discussed. The consultant team will use this opportunity to collect any relevant studies and information not already transmitted. The kickoff meeting also allows the City and consultant team an opportunity to discuss the completeness of plans, technical reports and other data. 2. Administrative Draft MND — Rincon will prepare an internal review (Administrative) Draft MND. All environmental checklist findings will be supported by data and analysis. Where applicable, impacts will be quantified and compared to quantitative significance thresholds. Rincon will submit electronic copies of the Administrative Draft MND in PDF and Word format. 3. Public Review Draft MND — Rincon will respond to City comments on the Administrative Draft MND and format the document as a Public Review Draft MND to be distributed for the required CEQA public review period. One electronic copy of the Public Review Draft MND and up to 20 bound paper copies will be provided. If necessary, we will provide a screencheck version of the Public Review Draft MND prior to publication. Rincon will prepare a Notice of Intent to Adopt a Negative Declaration and transmit the required forms and copies of the MND to the State Clearinghouse (if necessary) and County Clerk. We have assumed that the City will be responsible for mailing copies and notices to responsible agencies, if any; neighboring or nearby property owners or residents; and other interested parties, as well as other noticing required under CEQA or the City's procedures, including posting at the site or newspaper ads. 4. Final MND — Upon receipt of public comments on the Public Review Draft MND, Rincon will prepare draft responses for City review. Upon receipt of City comments on the draft responses, we will incorporate changes (if any) and prepare the Final MND. This task will include the preparation of the Mitigation Monitoring and Reporting Program (MMRP), if required, formulated as a table listing all mitigation measures and indicating what monitoring actions are required, which department(s) will be responsible for monitoring, and when monitoring is to occur. After City screencheck review of the Final MND, we will provide one electronic copy and up to 20 bound paper copies. If the project is approved, Rincon will prepare a Notice of Determination (NOD) for the City to file with the County A-1 Clerk. The City or applicant will be responsible for payment of Califomia Department of Fish & Wildlife CEQA fees, if any are required. 5. Public Hearings - Rincon will attend two hearings on the project (including any combination of Planning Commission hearings, City Council hearings, or community meetings). At the City's request, we will prepare and deliver a presentation that summarizes the CEQA process and the findings of our analysis. Technical Approach to Environmental Issues The MND will evaluate each of the 16 issues on the City's environmental checklist. Rincon will incorporate information from provided technical studies (traffic analysis, geotechnical evaluations, etc.) to assist in addressing checklist issues. Where appropriate in relation to established thresholds of significance, impacts will be quantified. A determination of significance will be made for each issue area and mitigation measures will be provided as necessary for identified significant effects. The IS will specifically address the following issues: • Aesthetics: Long-term visual impacts (changes to visual character and alteration of views from adjacent areas) will be reviewed. Discussion of architectural and design specifications for the project will be incorporated. The analysis will also consider light and glare impacts from street lights, vehicle headlights, building lights, etc. Rincon will also prepare shadow diagrams illustrating the impact of project -generated shadows on surrounding properties. We have assumed that the project applicant will provide elevations, simulations, and other visual tools to illustrate the project. • Agriculture and Forestry Resources: The IS will confirm that there would be no effect on farmland or forestland and that the project would not convert such lands to another use. • Air Quality: Construction and demolition emissions, including equipment exhaust and fugitive dust emissions, will be quantified using the California Emissions Estimator Model (CalEEMod). Consistent with the SCAQMD environmental justice program and localized significance threshold (LST) methodology, localized air quality impacts on nearby sensitive receptors will also be evaluated. Long- term emissions will be quantified using CalEEMod and compared to the SCAQMD thresholds of significance. Project consistency with regional air quality plans will also be evaluated. • Biological Resources: Given the developed nature of the project area and disturbed nature of the project site, no sensitive biological species or habitat are expected to occur on-site. Onsite conditions will be confirmed. • Cultural Resources: The analysis will cite appropriate provisions of the CEQA Guidelines 15064.5 (Historical and Archaeological Resources). The discussion will be based on existing reference documents, including the Temple City General Plan. • Geology and Soils: Based on readily available sources (such as the City's Safety Element and/or an applicant -prepared geotechnical study), this analysis will identify existing regional and site-specific geology and soils constraints (such as liquefaction, compressible soils, and subsidence). As necessary, the analysis will identify erosion control criteria and grading requirements to achieve consistency with the City's geologic and grading standards. rMJ Greenhouse Gas Emissions: The GHG analysis will quantify project GHG emissions using CaIEEMod. The discussion will briefly describe the status of applicable regulations such as AB 32 (Global Warming Solutions Act), Senate Bill 97, and Executive Order S-3-05. It will also assess the project's consistency with the California Attorney General's recommended mitigation measures, California Climate Action Team goals and objectives, and the Southern California Association of Govemments' (SCAG's) Sustainable Communities Strategy (SCS). The analysis will include an assessment of electricity consumption and of energy conservation strategies to be included in project design and operation. Emissions will be compared to applicable thresholds, including the threshold currently recommended by the SCAQMD. Hazards and Hazardous Materials: Temporary and long-term hazard conditions will be examined, based upon readily available data from agency databases, field observations, and any available technical studies (such as a Phase I Environmental Site Assessment). If potentially significant impacts are identified, a mitigation program will be developed. We have assumed that any needed soil contamination studies have been conducted; however, Rincon's Environmental Site Assessment group has the capability of performing such studies if they are needed. We have performed similar studies for numerous projects throughout the region. • Hydrology and Water Quality: Existing hydrology/drainage data for the project area will be reviewed to identify any existing localized flooding or drainage problems. The review will consider changes in absorption rates, drainage patterns, storm drain improvements, and downstream effects. The potential for the project to violate water quality standards or waste discharge requirements will also be analyzed. Standard Urban Stormwater Mitigation Plan (SUSMP) and National Pollutant Discharge Elimination System (NPDES) requirements will be referenced and incorporated as appropriate. Any available applicant -prepared drainage plans or studies will be incorporated as appropriate. • Land Use and Planning: This discussion will analyze the relationship of the proposed project and associated entitlements to applicable planning policies and ordinances, including the City's General Plan and Development Code. Potential compatibility conflicts with adjacent uses will also be analyzed. • Mineral Resources: This discussion will note that there would be no effect upon mineral resources. • Noise: Potential noise impacts will be evaluated, focusing on changes in noise levels in the project area due to traffic increases and operation of the proposed development. The analysis will review applicable City noise and land use compatibility criteria. Up to three short-term noise level measurements will be conducted on and around the project site. Construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and noise levels will be estimated at adjacent sensitive locations. Impacts associated with vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Model (TNM). The effect of ambient noise on the residential component of the project will also be analyzed. As necessary, mitigation will be developed. • Population/Housing: The analysis will document the fact that the proposed use would not result in substantial residential displacement. It will also compare housing and population growth associated with the project to SCAG population and housing growth forecasts for the City. • Public Services: The project's effect on existing services, including fire, law enforcement, educational, and recreational services, will be evaluated. Data sources will include readily available documents, such as the City's General Plan and EIR, and contact with affected agencies. The analysis will focus on whether the project may create the need for new or expanded facilities, the construction of which could have significant environmental effects. A-3 " R e c r e a t i o n : T h e a n a l y s i s w i l l a d d r e s s d i r e c t i m p a c t s t o l o c a l r e c r e a t i o n f a c i l i t i e s a s w e l l a s t h e i n d i r e c t i m p a c t a s s o c i a t e d w i t h i n c r e a s e d d e m a n d f o r r e c r e a t i o n a l f a c i l i t i e s . R e c r e a t i o n a l d e m a n d g e n e r a t e d b y t h e p r o j e c t w i l l b e e s t i m a t e d a n d c o m p a r e d t o C i t y s t a n d a r d s . " T r a n s p o r t a t i o n / T r a f f i c : T h e t r a n s p o r t a t i o n a n a l y s i s w i l l i n c o r p o r a t e t h e f i n d i n g s o f a t r a f f i c s t u d y t o b e p r e p a r e d b y A s s o c i a t e d T r a n s p o r t a t i o n E n g i n e e r s ( A T E ) . A T E ' s s c o p e o f w o r k i s d e s c r i b e d b e l o w . " U t i l i t i e s : I m p a c t s t o e x i s t i n g i n f r a s t r u c t u r e , i n c l u d i n g w a t e r , w a s t e w a t e r , a n d s o l i d w a s t e f a c i l i t i e s , w i l l b e e v a l u a t e d . W a t e r d e m a n d a n d w a s t e w a t e r a n d s o l i d w a s t e g e n e r a t i o n w i l l b e q u a n t i f i e d u s i n g s t a n d a r d r a t e s f o r p r o p o s e d u s e s a n d c o m p a r e d t o c u r r e n t a n d f u t u r e s y s t e m c a p a c i t y t o d e t e r m i n e i m p a c t s . " M a n d a t o r y F i n d i n g s o f S i g n i f i c a n c e : T h i s s e c t i o n w i l l a d d r e s s c u m u l a t i v e e f f e c t s , i m p a c t s t o b i o l o g i c a l o r c u l t u r a l r e s o u r c e s , a n d i m p a c t s t o h u m a n b e i n g s . A T E ' s t r a f f i c s t u d y w i l l e n t a i l t h e t a s k s d e s c r i b e d b e l o w . 1 . D i s c u s s t h e p r o j e c t w i t h C i t y s t a f f a n d f i n a l i z e t h e t r a f f i c s t u d y s c o p e o f w o r k . 2 . I n v e n t o r y e x i s t i n g s t r e e t s , i n t e r s e c t i o n s , a n d t r a f f i c c o n t r o l s i n t h e p r o j e c t s t u d y a r e a . 3 . C o l l e c t n e w a v e r a g e d a i l y t r a f f i c c o u n t s a t f o u r s t u d y - a r e a r o a d w a y s e g m e n t s . 4 . C o l l e c t n e w A . M . a n d P . M . p e a k h o u r t u r n i n g m o v e m e n t c o u n t s a t 8 s t u d y - a r e a i n t e r s e c t i o n s . 5 . C a l c u l a t e e x i s t i n g l e v e l s o f s e r v i c e f o r t h e s t u d y - a r e a r o a d w a y s a n d i n t e r s e c t i o n s u s i n g t h e C i t y ' s a d o p t e d m e t h o d o l o g y . 6 . C a l c u l a t e a v e r a g e d a i l y , A . M . a n d P . M . p e a k h o u r t r i p g e n e r a t i o n e s t i m a t e s f o r t h e p r o p o s e d c o m m e r c i a l a n d r e s i d e n t i a l u s e s . T h e r a t e s p r e s e n t e d i n t h e I n s t i t u t e o f T r a n s p o r t a t i o n E n g i n e e r s ( I T E ) T r i p G e n e r a t i o n r e p o r t w i l l b e u s e d . T h e a n a l y s i s w i l l a c c o u n t f o r t h e i n t e r n a l t r i p s t h a t w o u l d b e m a d e b e t w e e n t h e r e s i d e n t i a l a n d r e t a i l c o m p o n e n t s o f t h e p r o j e c t . 7 . D i s t r i b u t e t h e p r o j e c t - g e n e r a t e d t r a f f i c o n t o t h e s t r e e t s y s t e m b a s e d o n t h e e x i s t i n g t r a f f i c p a t t e r n s a n d c o n s i d e r a t i o n o f t h e p o p u l a t i o n c e n t e r s i n t h e s t u d y a r e a . 8 . C a l c u l a t e E x i s t i n g a n d E x i s t i n g + P r o j e c t p e a k h o u r l e v e l s o f s e r v i c e a t t h e s t u d y - a r e a i n t e r s e c t i o n s a n d d e t e r m i n e p o t e n t i a l p r o j e c t - s p e c i f i c i m p a c t s b a s e d o n C i t y a n d C a l t r a n s t h r e s h o l d s . 9 . F o r e c a s t C u m u l a t i v e t r a f f i c v o l u m e s b a s e d o n a b a c k g r o u n d g r o w t h f a c t o r a n d a l i s t o f a p p r o v e d a n d p e n d i n g p r o j e c t s l o c a t e d i n t h e s t u d y - a r e a ( c u m u l a t i v e p r o j e c t l i s t t o b e p r o v i d e d b y C i t y s t a f f ) . 1 0 . C a l c u l a t e C u m u l a t i v e a n d C u m u l a t i v e + P r o j e c t p e a k h o u r l e v e l s o f s e r v i c e a t t h e s t u d y - a r e a r o a d w a y s a n d i n t e r s e c t i o n s a n d d e t e r m i n e c u m u l a t i v e i m p a c t s b a s e d o n C i t y a n d C a l t r a n s t h r e s h o l d s . 1 1 . R e v i e w t h e a d e q u a c y o f t h e o n - s i t e c i r c u l a t i o n a n d a c c e s s s y s t e m . 12. Recommend mitigation measures for identified impacts, including roadway and intersection improvements. 13. Prepare and submit 1 bound,1 unbound and 1 electronic, copy of the traffic and circulation study to Rincon Consultants for inclusion in the MND for the project. 14. Assist Rincon in responding to comments submitted on the Public Review Draft MND (response budget limited to 6 hours) VI. Consultant will utilize the following subcontractors to accomplish the Services: A. Associated Transportation Engineers A-5 City of Temple City 5935 Temple City Boulevard Project Proposed MND Schedule — Abrk in Progress _ PubficReview Cily Review • MeekV \-6 KickoffgPublic Administrative Draft MND Review Iraft MNI — Abrk in Progress _ PubficReview Cily Review • MeekV \-6 EXHIBIT "B" COMPENSATION I. Consultant shall use the following rates of pay in the performance of the Services: City of Temple City 5935 Temple City Boulevard Mitigated Negative Declaration Cost Estimate 12WO14 Tasks Cost Hours Principal Proj.Mgr. Analyst Graphics Clerical $1901hour $155/hour $1251hour $851hour $701hour 1. Kickoff/ProjectOescripton $2,720 19 4 10 4 1 2. Administrative Draft MND Air Quality $1,345 10 1 1 8 Greenhouse Gas Emissions $1,345 10 1 1 8 HydrologyANater Quality $1,180 9 1 1 6 1 Noise $1,680 13 1 1 10 1 Transpodation0rculation(RinconLabor) $1,015 8 1 1 4 2 Other Issues $3,760 30 2 4 18 6 3. Public RedewDraft IMND $2,105 18 1 3 8 2 4 4, Final MND (Inc. responses to comments) $2,530 20 1 2 4 10 4 5. Public Hearings (2) $1,725 10 5 5 Project Management $1,005 7 1 4 1 1 Subtotal Labor: $20,410 154 20 35 73 16 10 Additional Costs Traffic and CirculationStudy(ATE) $12,500 Printing (20 Draft 20 Final copies) $1,200 Supplies and Miscellaneous Expenses $881 General & Administrative $1,875 Total Additional Costs: S1606 TOTAL (LABOR+ ADDITIONAL COSTS) $36,866 20% Contingency $7,373 TOTAL PLUS CONTINGENCY $44,239 IV. The total compensation for the Services shall not exceed $44,239, as provided in Section 4 "Compensation and Method of Payment" of this Agreement. I -I EXHIBIT "C" INSURANCE A. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: 1. Minimum Scope of Insurance. Consultant shall maintain professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional three (3) year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. 2. Minimum Limits of Insurance. Consultant shall maintain limits of professional liability insurance no less than $1,000,000 per occurrence. B. Other Provisions. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Exhibit "C". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. 2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. C-1 3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. C-2 A`bR b® CERTIFICATE OF LIABILITY INSURANCE 2/3/2o�°;""' 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 Tolman & Wiker Insurance Services LLC #OE52073PNONE 196 S. Fir Street PO BOX 1388 Ventura CA 93002-1388 CONTACT Pam Ayerle , (805)585-6737 FAX Not. "MAa .payerle@tol=nandwiker.com INSURERS AFFORDING COVERAGE NAIC# INSURER A 'American Fire & Cas Ina CO 24066 INSURED R1nOOn Consultants Inc. 180 N. Ashwood Ave. Ventura CA 93003 INSURERB:State Compensation Ina Fun 5076 INSURERC: INSURER D: NSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER:14/15 AU/WC! 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 WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADM SUBR POLICY NUMBER MMIDDYEFF POLICY IDD EXP LIMITS AUTHORIZED REPRESENTATIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR David Shore/PAMELA EACH OCCURRENCE S E E a occurrence f MED EXP Any one person) $ PERSONAL&ADV INJURY f GENERAL AGGREGATE f GENL AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC PRODUCTS - COMPA)P AGG S S A AUTOMOBILE LIABILITYEa X ANY AUTO ALLOWNED SCHEDULED AUTOS UTOS NONOWNED HIRED AUTOS AUTOS (15)56271217 2/17/2014 2/17/2015 cINED �t) DMIT 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE S Per accident Underinsured motodst BI sl N $ UMBRELLA LIAB EXCESS LIAB HOCCUR CLAIMS -MADE If EACH OCCURRENCE f AGGREGATE $ DED RETENT B WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY ANY PROPRIETORIPARTNER/ ECUTIVE YIN OFFICERIMEMBER EXCLUDED'! (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS be. NIA 086946-2015 /1/2015 /1/2016 X I WCSTAiUI'M TS- DTH - FIR E.L. EACH ACCIDENT S 1 000,000 E. L. DISEASE, EA EMPLOYE S 1 000 000 E L DISEASE -POUCY LIMIT f 1 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is reciulred) CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) INS(125on1nnnl m ©1988-2010 ACORD CORPORATION. All rights reserved. Tho ArnPE) and Innn am r.M.fnr.d markc, of Arnpn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ' City of Temple City 9701 Las Tunas Drive AUTHORIZED REPRESENTATIVE Temple City, CA 91780 David Shore/PAMELA ACORD 25 (2010105) INS(125on1nnnl m ©1988-2010 ACORD CORPORATION. All rights reserved. Tho ArnPE) and Innn am r.M.fnr.d markc, of Arnpn RINCCON-01 NIBLACKD I A4CC> o' CERTIFICATE OF LIABILITY INSURANCE DATE IMM DD YYYI 2/4/2015 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. It 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 endomement(s). PRODUCER License Ili OE67768 Legends Environmental Ins. Services 130 Vantis Suite 250 CONTA MME' Elizabeth Leach FAX PHONE , (800) 992-6999 No : (800) 9993987 A/c No ADDRESS: Elizabeth.Leach@ioausa.com Aliso Viejo, CA 92656 INSURERIS) AFFORDING COVERAGE NAIC 0 INSURER A:Crum &Forster Specialty Insure om ny 44520 X COMMERCIAL GENERAL LIABILITY INSURED INSURER B: INSURERC: Rincon Consultants, Inc. EACH OCCURRENCE f 3,000,00 160 N Ashwood Ave INSURER D: X INSURER E: Ventura, CA 93003 INSURER F: DAMAGE TO RENTLU PREMISES Ea ocwnence f 50,00 rvonor•ATE HUMBER: REVISION NUMBER: y 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. INSR LTR TYPE OF INSURANCE POLICY NUMBER MMID YDr M FSP R A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE f 3,000,00 CLAIMS -MACE OCCUR X X EPK•105397 0912212014 0912212016 DAMAGE TO RENTLU PREMISES Ea ocwnence f 50,00 MED EXP (Any one paeol) f 10,000 X Pollution Liability PERSONAL S ADV INJURY $ 3,000,00 X Transportation Pol.` GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE f 4,000,00 PRODUCTS - COMP,OP AGG $ 4,000,00 X POLICY ❑ PEC F� LOC ransp. Poll.` $ 1,000,00 OTHER: BINE IT f Ea accident AUTOMOBILE LIABILITY BODILY INJURY (Par porton) f ANY AUTO INJURY (Par ecrJtlNd) f ALL OWNED SCHEDULED AUTOS AUTOS NON{)WNED TY DAMA S accident) HIREDAUTOS AUTOS f UMBRELLA LIAR X OCCUR CCURRENCE S 5,000,00 f 5.000,00 A X EXCESS LMB CUIMS-MAGE X X EFX-101817 0912212014 0912212016ATE DED X RETENTIONS 10,000 s KA WORKERS COMPENSATION TUrE ERSANO EMPLOYERS' LIABILITY y / NANY PROPRIETOWPARTNERE ECUTIVE H ACCIDENT - ASE-EAEfIPLOYE fIf OFFICERRAEMBER EXCLUDEDT ❑NIA (MandatorylnNH) ASE -PODGY LIMITA yes, describe underDESCRIPTION OF OPERATIONS below Professional Liab' EPK-105397 09122/2014 09122/2016rence 3,000,00 A Professional Liab.` EPK-105397 09!2212014 09122/2016 Aggregate 4,000,00 DESCRIPTION OF OPEMTIONS I LOCAMONS I VEHICLES (ACORD 101, Additional RemarXa Schedule, may he attached N more space Is required) Project: 14-01097 5935 Temple City Blvd. `Professional Liability and Transportation Pollution are written on a Claims Made basis. When required by written contract, the General Liability and Pollution Liability Limits are on a Per Project basis while dedicated; the Professional Liability is on a Per Policy basis. CERTIFICATE HOLDER UANceLLA I IV N 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 The C of Temple City 9701 Las Tunas Dr. Temple CI CA 91780 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: EPK-105397 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations The City of Temple City 9701 Las Tunas Drive Where specified by written contract Temple City, CA 91780 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — 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 the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after 1. All work, including materials, parts or equip- ment 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 the covered operations has been completed, or 2. That portion of "your work' out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 Cru"WP!Tsfer part of th< FAIRFl1X group THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL CHANGE ENDORSEMENT Policy Change Number 001 POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE Crum and Forster Specialty EPK-105397 02/11/2015 Insurance Company NAMED INSURED Rincon Consultants, Inc COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART CHANGES In consideration of the premium charged, it is hereby understood and agreed Form CG 20 10 07 04, Additional Insured — Owners, Lessees or Contractors — Scheduled Person or Organization, is added to the policy. All other terms and conditions of the policy remain unchanged. Authorized Representative Signature EN0137-0211 Page 1 of 1