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HomeMy WebLinkAboutD & J Engineering - 3/3/1998CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of March 3, 1998 by and between the City of Diamond Bar, a municipal corporation ("City") and D&J Engineering, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B." B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect March 3, 1998, and shall continue until June 30, 1998, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed thirteen thousand eight hundred dollars ($13,800). Plus a contingency amount of $1,000, for a total of $14,800. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 Consultant: D&J Engineering 556 N. Diamond Bar Blvd Suite #301 Diamond Bar, California 91765 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. S. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively • Indemnitees• ) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to � nsn0000i 4/Jo 4 P -r 2 Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this wan nmrnmi 4/d' w 4 P -r 3 Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. v Wa a/.. amen a f',,r 4 A. status, national origin, Consultant shall not discriminate as to race, color, creed in the Performanceancestry, age, physical or men , religion, sex, of its services and duties mental this Agreement, anhandicap, medical condition, or sexual origin ion, regulations of City relating thereto. Pursuant to followin ;employment, p Y Such nondiscrimina on hall include but not be limited Mag: em to relating ud will P Y with all rules and termination; rates of PSradino demotion, transfers, recruitment or recruitment limitesin the apprenticeship. Pay °r other forms of compensation; and selection for training, including on behalf of Con al Consultant will, in all solicitations or advertisements for employees placed by or will receive consideration or employment tate either that it is an equal Opportunity national oriwithout reemployer or that all qualified a Sin, ancestry, age, physical or regard to race, color, creed, re applicants mental handicap, medical condition, or sexual orientation. status, for an C. Consultant will cause the fore Y watter� covered by this Agreement except contracts orsubcontrac fo inserted in all subcontracts or raw standard commercial supplies 17. Assignment. Performance of anConsultant shall not assign or transfer any interest in any attem t b Y Consultant Consultant's obligations hereunder, without the prior written this on A P y Consultant to so asci gii✓ement nor the hereunder shall be void and of no effect. Agreement or an sent of Cit y rights, duties, or obligations y, and S arising 1S' Performance Evaluation, written annual administrative For any contract in effect for twelve months or longer, a anniversary of the effecrive date Of this evaluation shall this A be required within ninety (90) days of the first Agreement. The work product required bgreement, and each ear comments or com hints y thereafter thr°uShout the term of this P received b y this Agreement shall be utilized as the basis for review, considered. Ci y City during the review p with the A h' shall meet with Consul enod, either orally or in writing, shall bed any greement is found, Cit Cant Prior u pii panng the written may terminate this Agreement asy may direct Consultant to correct the inn report. If any noncompliance Provided herein. adequacies, or, in the alternative, 19. as with Laws, codes and regulations l the federal state, Consultant shall comply and local governments Y with all applicable laws, ordinances, 20. Non -Waiver of Terms more of the conditions of ' Rights and Remedies. °f Performance under Performance under this Agreement shall not be ver by either party Of any one or constitute or be construed Agreement. In no event shall the m a waiver of an as a waiver by by City of any other condition exist on the part of Consultant, y City °f any breach of covenant it an y payment to Consultant Prejudice an and the making of any, a y default which may Y right or remedy available to City with re payment by City shall in no wayy then gard to such breach or default. impair or 21. Attorne legal or equitable action olrs Fees, in the event that either prevailing Proceeding to enforce or interpretPAY to his `�eement shall commence an g Party in such action or proceeding shall be entitled ed to recover Ons is costs t his A y reasonable attorney's fees and costs, including Agreement, the g costs of ex of suit, including 22. Pert witnesses and consultants. Notices. Any notices, bills, invoices, or reports required b deemed received on (a) the day of delivery if delivered b facsimile before or Burin q y this ASreement shall be United States ma"' g regular business hours; or Y hand during regular business hours or by postage pre (b) on the third business day following deposit in the Prepaid, to the addresses heretofore set forth in the Agreement, or to such other 5eo.'ns °�J00'0' �.Y Dann a 1'� 5 addresses as the parties may, from time to section. . time, designate in writing pursuant to the provisions of this accord f Law. This Contract shall be irate California.C�frPreted, construed and enforced in 24. Counterparts. This which shall be deemed to be the Agreement may instrument. original, and Y be executed in an all of which together shall constitute of counterparts, tute one and tech of 25. Entire A specific reference greement. This A Agreement su rep else nt the entire g $ d a and Persedes and irate any Other documents inco Al'reement may not be prior oral or written negotiations, between Consul rporated herein by the pies w amended, nor an gotiations, representations ora Consultant and City. This if signed which expressly refers to thisY provision or breach gned by the Cit hereof waived agreements. This Y Manager a the Agreement. Amendments on .except in a writing Mayor and attested b behalf of g signed by 26. Exhibits Y the City Clerk. the City will oral reference. All exhibits referred to in Y be valid this Agreement are incorporated herein by this written IN WITNESS WHEREOF, the rl above. Parties have executed this Agreement as of the date "City first ATTEST: B,s...3. City Clerk Approved as to fDrm: CITY OF DIAMOND BAR .CONSULTANT" 7 v' By: its: P-1. 6 'RODUCER FEDERATED MUTUAL INSURANCE COMPANY 2400 W. Uunla Ave., 5ul[e enu Phoenix, AZ 8021 Phone: 602-944-5566 Home Office: Owatonna, MN 55060 INSURED D & J FOOTHILL ELECTRICAL CONTRACTORSINC 2451 FIRST STREET LA VERNE CA 91750 CO LTR A .:..:.....:: •:::.:::::.;::........ ... �# DATE (MM/DD/YY) 9 9 6/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE END OR ALTER HOLDER. THEH (S CERTIFICATE DOES NOT AMEND, COVERAGE AFFORDED BY THE POLIC ES BELOW. COMPANIES AFFORDING COVERAGE COMPANY FEDERATED MUTUAL INSURANCE COMPANY OR A FEDERATED SERVICE INSURANCE COMPANY COMPANY B COMPANY C COMPANY D 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. POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) gEACH AGGREGATE S 2,000,000 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY TS - COMP/OP AGG S 2,000,000 CLAIMS MADE IA OCCUR 9370266 08/01 /99 08/01 /00 AL & ADV INJURY s 1,000,000 OWNER'S &CONTRACTOR'S PROT CURRENCE $ 1 ,000,000 FIRE DAMAGE (Any one fire) 5 1 00,000 MED EXP (Anv one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 rx ANY AUTOALL OWNED AUTOS BODILY INJURY S ASCHEDULED AUTOS 9370266 08/01/99 08/01/00 IPer pereonl HIRED AUTOS BODILY INJURY $ (Per accidentl X NON -OWNED AUTOS DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS SEE ATTACHED PAGE DIAMOND BAR S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF Y DR R 100 EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 21660E COPLEDIAMOND STT 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. DIAMOND BAR CA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON T E COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE PROPERTY DAMAGE 5 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL ARE: EXCIA EACH OCCURRENCE $ AGGREGATE $ S U- OTH- DENT S 7DISEASE OLICY LIMITPARTNER/EXECUTIVEOFFICERS EMPLOYEE S OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS SEE ATTACHED PAGE DIAMOND BAR S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF Y DR R 100 EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 21660E COPLEDIAMOND STT 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. DIAMOND BAR CA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON T E COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CERTIFICATE OF INSURANCE 312-177-9 INSURED D & J FOOTHILL ELECTRICAL CONTRACTORSINC 2451 FIRST STREET LA VERNE CA 91750 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS THE CERTIFICATEHOLDER IS ALSO AN ADDITIONAL INSURED FOR GENERAL LIABILITY COVERAGE PER CG -F-48 ENDORSEMENT. THE FOLLOWING ARE ALSO ADDITIONAL INSURED(S) BUT ONLY IN RESPECTS TO THE INSUREDS OPERATIONS: CITY OF DIAMOND BAR, ITS OFFICERS, AGENTS AND EMPLOYEES. `10 DAY NOTICE OF APPLYCANCELLATION SHALL O SUBMISSION OF PAYROLL REPORT* JB REF: OBALLF ELDE ITIAND NON ES AT S LORBEER MIDDLE SCHOOL. CERTIFICATE HOLDER CITY OF DIAMOND BAR 6 21660 E COPLEY DR STE 100 DIAMOND BAR CA 91765 SCOPE OF SERVICES The Scope of Services shall include, but not be limited to the following: g • Attend pre -construction meeting with construction contractor, which includes site visit. • Inspect work of construction contractor on a daily basis to ensure • compliance with plans and specifications. Ensure that all safety precautions Controls" are followed. Per Caltrans "Manual of Traffic • Perform all required Performance test of system before authorizing work to proceed to the next step. • Inspect all planting in at nurse after delivery to site, and approve foreliery ry Prior todelivery .to site, and again • Verify number of units for all materials planted or installed on project • prior to City's payment of progress payments. Submit weekly written report on ro • Attend weeklymeetingwith Ci Progress of project. status of project. City and Caltrans officials to review • Issue stop notices, if conditions warrant Properly constructed project and sarms gconditions for theactions, to ensure contractors and motorists on the States routes. • Attend final walk through and develop punch list for completion of • project, Sign off on the project when project is completed and recommend acceptance to the City and Caltrans. • Work with the contractor and the drawings are being uarchitect to ensure that as -built p -dated durin the project and • City and/or Caltrans at project completion. are turned over to the Ensure that contractor turns over to the City and/or Caltrans all equipment items per specifications u• system after acceptance of the project. required for the operation of the SCiIEDULE OF FF.FS The total not to exceed estimated fee is based on the estimated time required to complete each as shown. Should additional time be required, the City will be notified and additional compensation will be requested at the time and material rates shown on the attached schedule of hourly billing rates. Field Inspection: Inspector - 3.0 Hours/day x 45 days Construction Meeting (pre -construction, etc.) Weekly Meeting with Cal -Trans Final Walk -Through Administration 135 Hours a $7s.00/Hr, _ $10,125.00 6 Hours @ $75.00/Hr. _ $ 450.00 15 Hours C $75.00/Hr. = $ 1,125.00 8 Hours 0 $75.00/Hr. _ $ 600.00 20 Hours @ $75.00/Hr. _ $ 1,500.00 TOTAL ESTIMATED NOT TO EXCEED FEE; $139800,00 Should you any questions regarding this proposal, please call me at (909) 396-6984. Very truly yours, �l Dennis A. Tarango, C.B.O. D&J Engineering Attachment ROGER DEUTSCHArAN, ASLA Principal, Landscape Architect Education: California State Polytechnic University, Pomona, CA Bachelor of Science in Landscape Architecture Orange Coast College, Costa Mesa, California - Ornamental Horticulture License: Registered Landscape Architect - State of California: Lic# 2742 Registered Landscape Contractor- State of California: Lic# 661656 Memberships: American Society of Landscape Architects (ASLA), Southern California Chapter. Experience: SEGURAIDEUTSCHMAN ASSOCIATES - Principal, Diamond Bar, California RAPP & FRENCH - Project Manager, San Clemente, California TAKATA ASSOCIATES - Landscape Designer, Pasadena, California LAND DESIGN - Landscape Designer, San Dimas, California MONTEREY LANDSCAPE & DEVELOPMENT CO. INC. - Orange, California Landscape Architecture: Mfr. Deutschman has considerable experience in project management for various project types and scal:s in both the public and private sector. Most recently Mr Deutschman was responsible for t1`he Rehabilitation Program on the Harbor Blvd Street Widening and Parks Improvement Project for the City of Anaheim, he was also responsible for the Design Development Program for the major Long Beach - Los Angeles Light Rail Transit Project. Past projects include, large scale housing and Commercial/Industrial developments, Golden Mall Revitalization for the City of Burbank, Parks and Open Space Element Master Plan for the City of Beaumont and Design Development for Kaiser Permanente Facilities in the City of Fontana. Landscape Administration: Mr. Deutschman has years of field experience in landscape installation procedures while employed with a major Orange County Landscape Contractor. As a Licensed Landscape Contractor he offers much expertise in the application of todays state-of-the-art techniques in all aspects of landscape construction. As Principal and project Manager he has led his Design/Build team on to the completion of numerous large scale projects including; Industrial Parks, Parking Structures, Commercial Developments, Memorial Parks, and numerous Residential projects which included a water conscious plantingand irrigation program. Over the past five years, Mr. Deutschman has provided on-site administration for construction renovation of the 25 acre campus project for Kaiser Permanente, Fontana, CA. He has also coordinated large scale tree protection and relocation programs for existing campus and park renovation projects. AWARDS: Harris Hicks Memorial Park Competition - First Prize ASLA/National Sand & GraveI Association Reclamation - National Competition - Third Place LANDSCAPE ARCHITECTURAL DESIGN SERVICES RELATED TRANSPORTATION/HIGHWAY PROJECTS ° CALTRANS-DISTRICT 12, ROUTE 22 HIGHWAY LANDSCAPE SOUND WALL AT-rENUATION PROJECT - Landscape & Irrigation Restoration/Retrofit O CALTRANS-DISTRICT 12, ROUTE 55 HIGHWAY LANDSCAPE SOUND WALL ATTENUATION PROJECT - Landscape & Irrigation Restoration/Retrofit O LONG BEACH/LOS ANGELES LIGHT RAIL TRANSIT PROJECT, Long Beach Blvd, Long Beach, CA - Complete Schematic & Design Development Program- for Streetscape and Medians - Extensive Coordination with LACTC, Public Utilities Commission, City Departments, Local Agencies, Community Interest Groups, etc. ° METRO PASADENA -BLUE LINE (Segment -2) Highland Park/Pasadena, CA -Central Command Irrigation Design for Approximately 4 miles of Railways including: Six (6) Stations and Park & Ride Facilities. ° CALTRANS-DISTRICT 7, ROUTES 110/405 HIGHWAY (5.8 miles) LANDSCAPE RENOVATION PROJECT - Irrigation Redesign (Central Control System) - Planting Restoration & Preservation (Slopes) O O.C.T.A,/CALTRANS-DISTRICT 12, JEFFREY ROAD/I-5 PARK & RIDE LOT - New Site Design, Planting & Irrigation per Caltrans PS&E's o CALTRANS-DISTRICT 8, ROUTE I-15 R.O.W. SLOPE PROJECT Scandia Development: Off -Site Slope Program - Private Development: Off -Site Slope Property on Caltrans R.O.W. - Planting & Irrigation per Caltrans PS&E's O GOLDEN MAIL STREETSCAPE REVITILIZATION - Complete Conceptual, Schamatic & Design Development Program for 5 Million Dollar Revitilization Program - Extensivc Coordination with all City Departments, Agencies, Community Interest Groups, etc. dpropXhwproj Complete Construction Documents, Specs.,& Cost Esmts. March 16, 1998 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 - Fax (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us • City Online (BBS): (909) 860-5463 Dennis Tarango D & J Engineering 556 N. Diamond Bar Blvd. Suite 301 Diamond Bar, California 91765 Dear Mr. Tarango: On March 4, 1998, a letter was sent to you advising that your firm had been awarded the contract for inspection services for the Environmental Enhancement Mitigation (E.E.M.) Tree Planting Project in an amount not to exceed $13,800 with a contingency amount of $1,000. Also at that time, it was requested that all Certificates of Insurance, endorsements and any and all bonds be forwarded to this office within ten (10) days from the date of the letter. As of this date, we have not yet Carol Herrera received the requested documentation. Mayor In order to fully process the Agreement, it is requested Wen Chang that you forward the required documentation to this Mayor Pro Tem office within five (5) days from the date of this letter. Eileen R. Ansari If you have any questions or concerns, feel free to Council Member contact the undersigned or Bob Rose in the Community Robert S. Huff Services Department (909) 396-5694. Council Member Sincerely' E!borah H. O'Connor 1 / Council Member Lynda Burgess, CMC/AAE City Clerk /tn Enclosures cc: Bob Rose Recycled paper 03/26/98 IHIS IS TO C>RTIFY THAT 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. C'In RIGHTS UPON THEIR CERTIFICATE HOLDER THIS CERTQICATE DOES NOT AMEND rEXTEND NU Kirke -Van Orsdel, Inc. OR ALTER ME COVERAGE AFFORDED BY THE POLICIES BELOW. 1776 West Lakes Parkway ALL LIMITS IN THOUSANDS GENERAL A $ West Des Moines, Iowa 50398 NAL ADV TIDING DJRIRY $ EA URENCE $ ' AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM FME DAMA (ANYONE FatE) $ COMPANIES AFFORDING COVERAGE CSL COMPANY LETTER A Certain Underwriters at Lloyd's of London INSURED COMPANY B $ LETTER $ D & J ENGINEERING COMPANY C 556 N DIAMOND BAR BLVD, SUITE 301 LETTER WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER$ Professional Liability Insurance D A'rr%Ton .. r' CRIPTI0m r%nDLn 06708-2000048 ..� �. _—___ COMPANY D DIAMOND BAR, CA 91765 LETTER $ (DISEASE -POI ICY LIMI r) m CH EMw ova COMPANY E LETTER IHIS IS TO C>RTIFY THAT 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. C'In IYFE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCURRENCE OWNER'S &. CONTRACTORS PROTECTIVE POLICY NUMBER IcYEFFe DATE LI DATE (KIMO LYY) ALL LIMITS IN THOUSANDS GENERAL A $ PRODA u $ NAL ADV TIDING DJRIRY $ EA URENCE $ ' AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM FME DAMA (ANYONE FatE) $ 1 AL (ANY ONE PERSON) $ CSL $ BODILY INJURY (PER PERSON) $ BODILY INJURY OPER ACCIDENT) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER$ Professional Liability Insurance D A'rr%Ton .. r' CRIPTI0m r%nDLn 06708-2000048 ..� �. _—___ 12/15/97 12/15/98 STATUTORY S (EA H ACCIDENn $ (DISEASE -POI ICY LIMI r) m CH EMw ova LIMITS: $ 1,000 Each Incident $ 1.000 Aoareoate DS E ^..".Loi v nnll Ln5/tc> J1K1c "HUNS/SPECIAL ITEMS Retro Active Date: 12/15/94 21660 E COPLEY DRIVE DIAMONDBAR, CA 91765 ZIM ATION DATE. •,••••,"••, — ..�+..a.0 ' nnrvxn '"E TIiP1tBOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS "JIM N NOTICE TO THE CERTIMCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAI, SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY BDID UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AVTIiORIZED REPRESENTA VE POLICY NUMBER: . 84SBXEI3257 COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF DIAMOND BAR, ITS ELECTED OFFICIALS, OFFICERS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. THIS COVERAGE IS PRIMARY AND NOT CONTRIBUTORY TO ANY INSURANCE MAINTAINED BY THE ABOVE ADDITIONAL INSURED. CG 20 10 11 85 Copyright Insurance Services Office, Inc., 1984 "-AGATE OF LIABILITY INSURANCE PROOLCER rrlls cER" IFICATE 1$ v DATE IMM/DD/YY) -1 09117.19'1 ONLY AND CONFERS NO RIGHTS UPONI ITHE CERTIF CATETION IFH OF INFORM ACE:/Marsh & McL=_r.na:i HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10 ;3outh Broadwa r ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, St. Louis MO 631)2 COMPANIES AFFORDING COVERAGE Phone N_800-648-763___Fa do.314-621-31 INSURED - COMPANY A Hartford Insurance Company COMPANY B D & J Eng .n(te.: ir. g COMPANY Mr. DGlmifl 1'a::ar-go C 556 N. Diam<nd Ear Llvd. 4301 Diamond Bar C�. 91161 COMPANY ------- D ' COVERAGES TI -IS IS TO CERTIFY THAT THe FO .DIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN )ICATED, NOTWITHST aN )INC, ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE IS; UE D OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND TIC INS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANt'E POLICY EFFECTIVE POLICY EX�PIRAON 1.7R POLICY NUMBER DATE IMM/DD/YV) DATE (MLIMITS GENERAL LIABILITY GENERAL AGGREGATE $2000000 A iR.lICOMMERCIALGENERAiLUBILITY 84SBXEI3257 11/01/97 11/01/98 PRODUCTS - COMP/OPAGG $2000000 r TICLAIMS MADE F , OCC JR OWNER'S & CONTRACT OR 5 PROT PERSONAL& ADV INJURY $1000000 " AUTOMOBILE LIABILITY A ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE UABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE EiOq/ INCL r PARTNERSINERSIEXECUTIVE OFFICERS ARE: EXCL 848BXEI3257 EACH OCCURRENCE s l000000 FIRE DAMAGE (Any one fire) 13 0 00 0 0 MED EXP (Any one person) $10000 11/01/97 11/01/98. COMBINED SINGLE LIMIT $ 1000000 BODILY INJURY S (Per person) BODILY INJURY S IPer accident) PROPERTY DAMAGE I $ AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EACH OCCURRENCE $ AGGREGATE S S EL EACH ACCIDENT I g EL DISEASE - POLICY LIMIT�T' EL DISEASE - EA EMPLOYEE I S --- -1 �'c—nvnarLUCAnONS/VEHICLES/SPECIAL ITEMS A WAIVER OF SUBROGATION IS INCLUDED IN FAVOR OF THE ADDITIONAL INSURED (PER THE ATTACHED CG2010 FORM) L:EHTIFICATE HOLDER CITY OF DIAMOND BAR 21660 E. COPLEY DR., STE. 100 DIAMOND BAR CA 91765-4177 CITYDIA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ACORD 25-5 (1/95)::.: _ - _.®ACt1RffrnoOnonTr�.!-. — -00 Kirke -Vans Orsdel Specialty 1776 West Lakes Parkway ■ West Des Moines, Iowa 50398 Dear Insured: Enclosed please find the Certificate of Insurance that you requested_ This original. may be forwarded to the certificate holder listed at the bottom of the document. We have retained a copy for your file. Thank you for the opportunity to be of service. If you have any questions, please contact our office at 1-800-435-7931. Richard Davis Liability & Specialty Operations Enclosure 7✓n a division of Kirke Van Orsdel, Incorporated March 30, 1998 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 - Fax (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us • City Online (885): (909) 860-5463 Dennis Tarango D & J Engineering 556 N. Diamond Bar Blvd. Suite 301 Diamond Bar, California 91765 Dear Mr. Tarango: This is to advise you that we have received a Certificate of Insurance showing both General Liability and Auto. However, on the Additional Insured document it only indicates Commercial General Liability coverage and excludes Auto. Also, we are still in need of Certificates of Insurance for both Worker's Compensation and Professional Liability. In regards to General Liability, Auto and Professional Liability we also need "Primary" wording. Carol Herrera Mayor Your courtesy in this matter is appreciated. Wen Chang Sincerely, Mayor Pro Tem Eileen R. Ansari Council Member Lynda Burgess, CMC/AAE City Clerk Robert S. Huff Council Member /tn Deborah H. O'Connor cc: Bob Rose Council Member Reryded paper Carol Herrera Mayor Wen Chang Mayor Pro Tem Eileen R. Ansari Council Member Robert S. Huff Council Member )eborah H. O'Connor Council Member Recycled paper March 4, 1998 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us • City Online (SBS): (909) 860-5463 Dennis Tarango D & J Engineering 556 N. Diamond Bar Blvd. Suite 301 Diamond Bar, California 91765 Dear Mr. Tarango: It is a pleasure to inform you that at their meeting held March 3, 1998 the Diamond Bar City Council awarded D & J Engineering with a contract for inspection services for the Environmental Enhancement Mitigation (E.E.M.) Tree Planting Project in an amount not to exceed $13,800 with a contingency amount of $1,000. In. order to fully process the Agreement, it is requested that you forward all Certificates of Insurance in the amount of $1 million (see Item No. 9 pages 3 of the agreement, a copy of which is enclosed), endorsements and any and all bonds required, to this office within ten (10) days of the date of this letter. A fully executed COPY of the agreement will be sent to you following execution by the City. If you have any questions or concerns, feel free to contact the undersigned or Bob Rose in the Community. Services Department (909) 396-5694. Sincerely, i Lynda Burgess, CMC/AAE City Clerk /tn Enclosures cc: Bob Rose SR S7A7E COMPENSATION P.O. BOX 807, SARI FRANCISCO.CA 9410=1-0807 INSURANCE FUNDICERTIFICATE OF WORKERS' COMPENSATION. ,INSURANCE ISSUE DATE: 02-01-98 POLICY NUMBER: 1381008 - 98 CEOFICATE EXPIRES: 02-01-99 CITY OF DIAMOND BAR DEPT OF BUILDING & SAFETY JIB: 2 EMPLOYEES 21660 E COPLEY DRIVE - SUITE #100 DIAMOND BAR, CA 91765 This is to certify that we have issued a valid Wwkors' urainco Policy in & _ California insurance Commissioner to the employer nam®dG below fo rme pail period indicated. axed by the This policy is not subject to cancellation by the Fund except upon 10 days' advance written notice to the employer. We will also give you 10 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term tar condition of any Contract or other document with respect to which this certificate of insurance may be issued term, pertain, the insurance afforded by the Policies described herein is subject to all. the terms, exclusions and eonditiohs of such ppficies. PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COsTs: $1100t1';i?00.00 PER OCCURIteWE. Carol Herrera Mayor Wen Chang Mayor Pro Tem Eileen R. Ansari Council Member Robert S. Huff Council Member Deborah H. O'Connor Council Member Reryded paper April 20, 1998 City of Diamond Bar 21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 91765-4177 (909) 860-2489 - Fax (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us - City Online (685): (909) 860-5463 Dennis Tarango D & J Engineering 556 N. Diamond Bar Blvd. Suite 301 Diamond Bar, California 91765 Dear Dennis: Enclosed for your records is a fully executed copy of Consulting Services Agreement between the City of Diamond Bar and your firm relative to inspection services for the Environmental Enhancement Mitigation (E.E.M.) Tree Planting Project. Thank you for your courtesy. Sincerely, LYNDA BURGESS, CMC/AAE City Clerk /tn Enc. D&JtN4211tU2,14. • PLAN REVIEW * INSPECTION •ADMIMYMTION 556 N. Diamond Bu Blvd. #1301, Diamond Bar, CA 91765 Phone (909) 396-6984 • Fax (909) 396-7634 February 13, 1998 Mr. Bob Rose Director of Community Services City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 Re: Inspection Services for Environmental Enhancement and Mitigation Program Irrigation Installation and Tree Planting Project along Route 57 and 60 Freeways in Diamond Bar Dear Mr. Rose: Per your requests, D&J Engineering is pleased to submit this letter of proposal for inspection services for the Environmental enhancement and Mitigation Program Irrigation installation and Tree Planting Project along Route 57 and 60 Freeway in Diamond Bar. D&J ENGINEERING is a dynamic company which brings together the talents of its two principals, Joseph F. Buzzone, P.E. and Dennis A. Tarango, C.B.O., who have over fifty years of experience in providing municipal engineering, plan check, inspection and administrative service to numerous cities. Mr. Buzzone has extensive engineering experience in both the private and public sectors, including twelve years as plan check engineer with the City of Long Beach. Mr. Tarango has over ten years administrative experience as Building Official for both the Cities of San Marino and Diamond Bar. He has also served as interim Community Development Director for the City of Diamond Bar. Previously, Mr. Tarango provided building inspection for the Cities of Arcadia and Pico Rivera. D&J ENGINEERING was formed to assist local municipalities in meeting the overwhelming demands of today's fluctuating constriction trends. The firm is sensitive to the budgetary constraints placed on local government during these difficult times. Their goal is to offer high-quality professional services at a competitive fee structure. PROJECT TEAM D&J ENGINEERING has designated Mr. Roger Deutschman, ASLA as the project inspector, Mr. Joseph F. Buzzone, P.E. as Project Engineer and Mr. Dennis Tarango as the contact person. Project Inspector resume is attached. The following highlights some of the engineering projects which the staff of D&J ENGINEERING has administrated: • Rehabilitation Program on the Harbor Blvd. Street Widening and Parks Improvement Project - City of Anaheim • Design Development Program for the major Long Beach - Los Angeles Light Rail Transit Project • Street widening - City of Irwindale • Water lines, sewer, and storm drains - City of San Marino • Street lighting project - City of Irwindale • $1,000,000 widening of Long Beach Boulevard - City of Lynwood • $200,000 citywide lighting project - City of Lynwood • $400,000 traffic signal improvement project - City of Lynwood • Installation of water purification equipment and facilities - City of Pasadena Water Department D&J ENGINEERING does not perform any design or ancillary function that might create a conflict of interest, as the company only provides consulting services to the public sector. D&J ENGINEERING indemnifies its clients by maintaining one -million dollars liability and professional liability (errors and omissions). We appreciate the opportunity to offer this proposal to the City of Diamond Bar, and look forward to serving your inspection needs.