Loading...
Architerra Design Group A2016-101e4 eltho August 15, 2016 Attention: Richard Krumwiede Architerra Design Group 10221-A Trademark Street Rancho Cucamonga, CA 91730 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2600 www. / �r '•// RE: Extension of Termination Date for Agreement No. A2016-101 Preparation & Provide Landscape Plans for Trail Rehabilitation on Chino Hills Parkway Dear Mr. Krumwiede: On June 1, 2016, the Public Works Director of the City of Chino Hills authorized execution of Agreement No. A2016-101 with for Preparation & Provide Landscape Plans for Trail Rehabilitation on Chino Hills Parkway. This letter serves as notification that the termination date has been extended until June 30, 2017. All other provisions of the agreement remain in effect. Should you have any questions regarding this notification, please contact Jerrod Manuel (909) 364-2793. Sincerely, Konradt Bartlam City Manager KB:cb cc: City Clerk's Office Finance Department Public Works Department . C CCmld2Cre.' Art Bennett m Ed M. Graham ° Ray Marquez ° Cynthia Moran a Peter J. Rogers AGREEMENT NO. A2016-101 FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND ARCHITERRA DESIGN GROUP THIS AGREEMENT, made and entered into as of the date last signed below, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and ARCHITERRA DESIGN GROUP hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A "SCOPE OF SERVICES" attached hereto and made a part hereof. Consultant shall submit its work to the City for its review after completing each phase of the project as described in Exhibit A, or when otherwise requested by the City. Consultant shall, at its own cost, make any revisions of its own work as required by the City and re -do, at its own cost, any work which the City finds unsatisfactory due to Consultant's or subcontractor's errors or omissions. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement on June 1, 2016. 2. STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be -1- under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. - 2 - 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as set forth in Exhibit A attached hereto and made a part hereof. Total compensation shall not exceed $4,600.00. Payments shall be made within thirty (30) days after receipt of each invoice as to all undisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided -3- in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. TERMINATION OF AGREEMENT. This Agreement may be renewed annually, but will terminate on July 30, 2016, unless otherwise extended in advance and in writing by the City Manager. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non -disputed fees under the terms of this Agreement up to the date of termination. 10. 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 work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, -4- data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 12. RELEASE OF INFORMATION/CONFLICTS OF INTEREST. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250 et seq. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultants conduct, including the City's attorney's fees. -5- Consultant shall promptly notify City should Consultant, 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 party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or -6- firm(s) and/or partnerships owning property in the City or the study area prior to the completion of the work under this Agreement without the express written consent of the City Manager. 13. DEFAULT. In the event that Consultant is in default of any of the provisions of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. 14. INDEMNIFICATION. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability 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. (c) Consultant shall save harmless, indemnify and defend City and all its officers, officials, employees, volunteers, and representatives from and against any and all liability, loss, damage, expense, or cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of -7- every nature arising arising from, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of Consultant's officers, agents, employees, or representatives in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Consultant's duties and obligations under this paragraph shall apply notwithstanding any alleged or actual passive negligence of City which may have contributed to the liability, loss, damage, expense, or cost. (d) For purposes of this section "City" includes City's officers, officials, employees, agents, representatives, and volunteers. (e) It is expressly understood and agreed that this paragraph 14 is intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. (f) The requirements as to the types and Iimits of insurance coverage to be maintained by Consultant, as required by paragraph 15, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. (g) If any action or proceeding is brought against the City by reason of any of the matters against which Consultant has agreed to indemnify the City as above provided, Consultant, upon notice from the City, shall defend the City at Consultant's expense by counsel determined acceptable to the City in City's sole -8- discretion. The City need not have first paid any of the matters as to which the City is entitled in order to be so indemnified. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(g), but the limits of such insurance shall not limit the liability of Consultant hereunder. (h) The Consultant shall promptly pay any final judgment rendered against the City with respect to claims determined by a trier of fact to have been Consultant's allocated share of liability. 15. INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney 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 work hereunder 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. Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and -9- endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (d) Errors and omissions liability insurance appropriate to the Consultant's profession. (2) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (d) Errors and Omissions Liability: $1,000,000 per claim. -10- B Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled 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 the City. (2) General Liability and Automobile Liability Coverages. (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. -11- (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (3) Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, 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 Section. 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. (1) 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 the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall -12- procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (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. 16. BUSINESS LICENSE CONTRACTOR shall maintain a valid Business License with the CITY. 17. NONDISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT. In performing this Agreement, the Parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply, to the fullest extent allowed by law, with all applicable local, state and federal laws relating to nondiscrimination. 17. UNAUTHORIZED ALIENS. Consultant 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 seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. -13- 18. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. 20. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the San Bernardino County Superior Court. 19. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. -14- 20. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 21. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder. 22. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: City. Attention: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 Consultant. Attention: Richard Krumwiede Architerra Design Group 10221-A Trademark Street Rancho Cucamonga, CA 91730 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. -15- 25. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibit; this Agreement supersedes any conflicting provisions 26. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date last signed below. CITY OF CHINO HILLS AR 2 RA DESIGN GROUP Konradt Bartlam Signat City Manager 644(0 (Date) ili C,MPO I!�u, m W i (Typed/Printed Name) rill tiemYr (Title) M *) .0 Ili D Si'• nare VA m IA) (Typed/Printed Name) (Date) -16- EXHIBIT A Ictnrlscajx <Irchik.clttrc, (incl plcnning February 3, 2016 Mr. Luther Martin Parks cind Open Space Supervisor City of Chino Hills 1400 City Center Dr. Chino Hills CA 91709 RE: LANDSCAPE ARCHITECTURAL. SERVICES PROPOSAL, CHINO HILLS PARKWAY TRAIL IMPROVEMENT SERVICES, CHINO HILLS, CA, Dear Mr. Martin, We are pleased to submit this proposal for Landscape Architectural Services in connection with the project referenced above. This agreement is by and between Architerra Design Group, Inc. (ADG) and the City of Chino Hills (Client). PROJECT OVERVIEW ADG shall provide professional services on the project referenced above. The extent of our services may be generally described as the preparation of construction plans for a new decomposed granite trail along the east side of Chino Hills Parkway from the city boundary to the Chino Hills Christian Preschool at Walnut Creek Drive. An existing PVC trail fence is located approximately 10' behind the hack of curb. The new trail will require excavation of the existing soil and water diversion controls at appropriate intervals to help shed off water and minimize erosion. This proposal is for the trail construction only, with the exception of an existing overlook area where tree planting will be included. It is our understanding that the Cily will provide irrigation system designs, or a driveler system for the proposed trees. Chino Fills Parkway The City rec uires construction plans for the new trail along Chino Hills Parkway (approximately 3,900' long). Typical design elements are to include the following: • 4" Excavation approximately 10' wide along Chino Mills Parkway and subgrade compaction for the improvement of a new stabilized decomposed granite trail. • New 4" thick stabilized decomposed granite paving for trail. Final material selection to be coordinated with City of Chino Hills 10/2 City of Chino Hills Grand Ave/Chino Hills Parkway Median Projects Page 2 of 9 • The use of subgrade French drain water control devices at appropriate intervals. Surface paving at water control devices to include crushed angular rock, compatible with decomposed granite selection. • The addition of informal groupings of Aleppo Pines to existing trail fence pop -outs (2 locations) on the northeast side of the street. City of Chino Hills will handle irrigation system for new trees, SCOPE OF SERVICES ADG agrees to perform professional services for the Client as set forth below for the Basic Fee as indicated: A. Chino Hills Parkway Construction Document Phase to Include: 1. Site Visit/Field Inventory to review existing site conditions, opportunities, and constraints. 2. Program Development. 3. Base Sheet Development three 20 scale 30"x42" sheets to include existing street lights, trail fencing, driveway aprons and storm drain inlets, as well as any information collected from site visit. 4. Preparation of Title Sheet and project map location. 5. Preparation of construction plans illustrating trail location and water control devices, 6. Preparation of Construction/Grading Details. 7. Preparation of Construction Specifications. 8. Plan Check Corrections based off City of Chino Hills review. If the Scope of the Project as outlined above is changed materially, the Basic Fee shall be changed in the same proportion. Fees and Terms Services described above shall be provided for in accordance with the terms and conditions in Appendix A attached hereto and which is incorporated and made a part of this Agreement by reference. We estimate the following fee breakdown by Phase: A. Chino Hills Parkway Trail: Professional Fee Total: Estimated Reimbursable Expenses* Estimated Fee Total: $ 4,300.00 $4,300.00 $ 300.00 $ 4,600.00 *We estimate that the cost of Reimbursable Expenses, as identified in Appendix A, will be approximately the amount noted above. Reimbursable Expenses incurred are based on the demands/needs of the Client. Cfy of Chino Hills Grand Ave/Chino Hills Parkway Median Projects Page 3 of 9 General Work Program and Time Table Architerra Design Group proposes the following timetable for completion of this Project after receipt of all necessary information from Client or Client's Consultants as listed under "Owners/Architects Responsibility". TASK PHASE WEEKS Construction Document Phase 2-3 ADG shall render its services as expeditiously as is consistent with professional skill and care. ADG shall not be responsible for delays that may occur due to causes beyond ADG's reasonable control. Design Approval Mr. Luther Martin is designated as the person responsible for design direction to ADG for this Project and has the authority for design approval, In the event that the design, as approved by Mr. Martin is rejected by others, and redesign is required, such redesign shall be compensated as Additional Services. Design Alternatives ADG will limit the number of design alternaiives provided under this contract to two per median island retrofit project area, upon which time the design will be considered complete. Meetings And Site Visits This Agreement includes Professional Service time for up to 4 meetings for coordination with Client, agencies, or consultants. Additional meetings shall be billed as Additional Services, Travel expenses shall be billed as Reimbursable Expenses. Owners/Architects Responsibility Client shall provide the following information documents, or services as required for performance of the work. ADG is entitled to rely upon the accuracy and completeness of such information, documents, and services, and shall not be liable for errors or omissions therein. Should ADG be required to provide services in obtaining or coordinating compilation of any such information, drawings, or services shall be charged as Additional Services. 1. Topography and boundary surveys. 2. Architectural plans and elevations of any proposed structures. 3. Engineered site plan with building footprints, streets, curbs, and property lines. 4. Rough and precise grading plan for project site, 5. Soils testing and/or engineering. 6. Existing site engineering and utility base information. 7. Overhead aerial photographs at controlled scale. Cily of Chino Hills Grand Ave/Chino Hills Parkway Median Prgecls Page 4 of 9 8. Engineering other than that provided within the Scope of Services. 9. Agency processing of completed plans. We would be pleased to answer any questions you may have to clarify the various points above. If the proposal meets with your approval, (please sign below where indicated and return one copy for our files. I look forward to working with you on this project. Sincerely Yours, rcl itet a Design Group, umwiede President CA RIA 112834 Accepted: City of Chino Hills By: Title: Date:_ ___ AccpRtr CE!TfFfCATE OF LABILITY INSUPANCE DATE EHA2015YYI ADDL INSR 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. 0 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 CDS Insurance Services License # 0088587 2001 E. Financial Way Glendora CA 91741 CONTACT Julie vierra NAME: PHONE (626) 610-9500 FAX INC. No EAR' (AIC No): (626) 6 0-9299 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAICN INSURER A :Vali ey Forge INSURED Architerra, Inc. 10221-A Trademark Street Rancho Cucamonga CA 91730 INSURER B;Continental Casualty Co. (CNA) INSURER c Oak River Ins. Co. (BHHC) INSURER O: COMMERCIAL GENERAL LIABILITY INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:15-16 Liab • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING 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 ADDL INSR SUBR MD POLICY NUMBER POLICY EFF l'AM/DD/VYYY) POLICY EXP IMLUDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea $ 300,000 A CLAIMS MAGE X OCCUR 2098053139 9/25/2015 9/25/2016 occurrence) MED EXP (Any one person) $ 10,000 PERSONAL SADV INJURY 5 2,000,000 GENERAL AGGREGATE $ 4,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 4,000,000 X' POLICY PRO- P1 LOC $ AUTOMOBILE LIABILITY COMBINED nSINGLE LIMIT Nt $ 1 000,000 ANY AUTO BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS 2098053139 9/25/2015 9/25/2016 BODILY INJURY Per acc]denl ( ) $ X HIRED AUTOS X NON -OV MED PROPERTY DAMAGE (Per ecc demi $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 B EXCESS LIAB CLAIMS -MADE AGGREGATE $ 1,000,000 DED RETENTION$ 5084665671 9/25/2015 9/25/2016 $ C WORKERS COMPENSATIONWC AND EMPLOYERS' LIABILITY X STATU- TORY LIMITS OTE - ER Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE rY OFFICERRAEMBER EXCLUDED? N/A EL EACH ACCIDENT $ 1,000,000 (Mandatory in NH) R1WIC603453 10/1/2015 10/1/2016 EL DISEASE - EAELIPLOYEE$ 1,000,000 under IIyes,DESCRIrIbePTION OPERATIONS helax IIyes, desc ON EL DISEASE - POLICY LIMIT $ 1,000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach AGGRO 101, Additional Remarks Schedule, If more space I required) The City of Chino Hills is named as Additional Insured per the attached endorsement, Form SE146932-E. Endorsement applies As Per Written Contract. CERTIFICATE HOLDER CANCELLATION The City of Chino Hills Attn: Raymond Hansen 2001 Grand Ave. Chino Hills, CA 91709 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 Chuck Swan/JULIEV --p•- 54=x---%, ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. Additional (Named Insureds Other Named Insureds dba hrrchiterra Design Group Doing Business As OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC Policy Number: 2098053139 SB -146932_E (Ed. 06/11) ! JIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDJT9ONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not applyto any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED - BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily Injury' or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, in connection with the distrlbution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury' or "property damage" arising out of the sole negligence of the vendor for ils SB -146932-E (Ed. 06/11) own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. orf.; or (2) Such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" o "property damage" included within the "products - completed operations hazard" is excluded either by fhe provisions of the Policy or by endorsement 2. MISCELLANEOUS ADDrONAL INSUREDS WHO IS AN INSURED is amended to include as an Insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: r 1, Currently In effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured - Your Work That person or organization for whom you do work is an additional insured solely for liability Page 1 of 5 due to your negligence specifically resulting from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations, (2) The coverage provided to the additional insured by this endorsement and paragraph E.9. of the definition of "insured contract" under Liability and Medical Expenses Definitions do not apply to "bodily injury' or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit SB -146932-E (Ed. 06/11) This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury' arising out of operations performed for the state or municipality. c. Controlling interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises, This insurance does not apply to structural alterations, new construction and demolition operations performed by or For such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only wfth respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions. This insurance does not apply to' (1) Any "occurrence" which takes place after you cease to lease that land; or SB -146932-E Page 2 of 5 (Ed. 06/11) gJn 9. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this Insurance but only with respect to the co-owners liability as co- owner or such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an Insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional Insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury' or "property damage" Included within the "products -completed operations hazard." 3. The following is added to Paragraph H. of the BUSINESSOWNERS COMMON POLICY CONDITIONS: H. Other Insurance 4, This Insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. 4. LEGAL LIABILITY - DAMAGE TO PREMISES A. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. SB -146932-E (Ed. 06/1 1) Damage To Property, is replaced by the following: k, Damage To Property Property damage" to: 1. Property you own, rent or occupy, Including any costs or expenses incurred by you, or any other person, organfatlon or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, If the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or Fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D - Liability and Medical Expenses Limits of Insurance SB -146932-E Page 3 of 5 (Ed. 06/11) Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement Paragraph 6 of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions C, d, e, t, g, h, 1, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of Insurance applies to this coverage as described in Section 0. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown In the Declaration. 5. Blanket Waiver of Subrogation We waive any right of recovery we may have against a. Any person or organization with whom you have a written contract that requires such a waiver. 6. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or"suit" is known to: (1) You or any additional insured that is an individual; SB -146932_E (Ed. 06111) (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (8) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 7. Bodily Injury Section F, Liability end Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily Injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 8. Expanded Personal and Advertising Injury Definition a, The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Buslnessowners General Liability Coverage Form: b. Discrimination or humiliation that results in Injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or al the direction of: a. The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment prospective employment, past employment or termination of employment of any person or person by any insured. b. The following is added to Exclusions, Section B.: SB -146932-E Page 4 of 5 (Ed 06/11) Aft (15)DlscrImination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. c. This provision (Expanded Personal and Advertising Injunj) does not apply if SB -146932-E (Ed. 06/1 1) Personal and Advertising injury Liability is excluded either by the provisions of the Policy or by endorsement 9. Personal and Advertising Injury Re -defined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. Is replaced by the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of e room dwelling or premises that a person or organization occupies committed by or on behalf of irs owner, landlord or lessor. SB -146932-E Page 5 of 5 (Ed 06/11)