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Resolution No. 76031 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A CONSULTING SERVICES AGREEMENT FOR 2000 GENERAL PLAN HOUSING ELEMENT BY AND BETWEEN THE CITY OF VERNON AND COTTON/BELAND/ASSOCIATES, INC. WHEREAS, the City Council adopted a General Plan for the City of Vernon, including the Housing Element, by Resolution No. 5609 on April 18, 1989, as revised by Resolution No. 6109 on June 16, 1992; and WHEREAS, the City of Vernon is required by State law to update the Housing Element of the City's General Plan by December 31, 2000; and WHEREAS, Cotton/Beland/Associates, Inc. provided the consulting services to the City of Vernon for the General Plan, includin, the Housing Element, and prepared a draft Housing Element update in 1996 and is experienced and qualified to provide technical assistance in reviewing the General Plan Housing Element and to make recommendations thereon; and WHEREAS, the City of Vernon and Cotton/Beland/Associates, Inc. desire to enter into an agreement whereby Cotton/Beland/ Associates, Inc will provide such services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITI OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true an correct. SECTION 2: The City Council of the City of Vernon hereby approves the Consulting Services Agreement for 2000 General Plan Housing Element, a copy of which is attached hereto as Exhibit "A" and made a 1part hereof. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed Agreement to: Cotton/Beland/Associates, Inc. Attn: Donald A. Cotton, AICP 747 East Green, Suite 300 Pasadena, CA 91101-2119 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 22nd day of August, 2000. ATT BRUCE V. MALKENHORST, City Clerk LEONIS C.(MALBUIG, Mayor - 2 - 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do 5 hereby certify that the foregoing Resolution, being Resolution No. 6 7603, was duly adopted by the City Council of the City of Vernon at an 7 adjourned regular meeting of the City Council duly held on Tuesday, 8 August 22, 2000, and thereafter was duly signed by the Mayor of the 9 City of Vernon. 10 11 BRUCE V. MALKENHORST, City Clerk 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 - EXHIBIT 0 CONSULTING SERVICES AGREEMENT FOR 2000 GENERAL PLAN HOUSING ELEMENT THIS AGREEMENT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this day of August, 2000, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON, a Municipal Corporation (hereinafter referred to as the ".City") 4305 Santa Fe Avenue Vernon, CA 90058 AND COTTON/BELAND/ASSOCIATES, INC., a California Corporation (hereinafter referred to as the "Consultant") 747 East Green, Suite 300 Pasadena, CA 91101-2119 WITNESSET WHEREAS, the City is required by State law to update the housing element of the City's General Plan; and WHEREAS, the Consultant submitted a proposal to City dated August 2, 2000 (the "Proposal") which includes a description of proposed services and a cost proposal; and WHEREAS, City desires to retain Consultant to provide assistance and consultation in reviewing and updating the housing element of the City of Vernon General Plan and to make appropriate recommendations; and WHEREAS, Consultant represents that it is qualified to perform such services under this Consulting Services Agreement (hereinafter "Agreement"); and WHEREAS, Consultant is willing to render such professional services as hereinafter defined. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: I. SCOPE OF SERVICES. The Consultant shall perform the services outlined in the Proposal, which is attached hereto as Exhibit "A" and incorporated herein by reference. It is understood and agreed that in the event of a conflict between the Proposal and this Agreement, the terms of this Agreement shall prevail. II. TIME OF PERFORMANCE. Consultant's services herewith shall commence upon signing of the Agreement and shall be completed in accordance with the Proposal, unless terminated or extended. III. COMPENSATION. The City shall compensate the Consultant for actual effort expended on a time and expense basis in accordance with the fee schedule set forth in the Proposal. The total compensation, which includes expenses, shall not exceed Fourteen Thousand Three Hundred Thirty Dollars and No Cents ($14,330.00), unless otherwise provided for under Section V of this Agreement. IV. METHOD OF PAYMENT. Within thirty (30) days after the last day of any month in which services have been performed or costs incurred hereunder, the Consultant shall submit an invoice to the City stating the amount due the Consultant. Invoices shall contain an itemization of services rendered, directly related job expenses and subcontract charges, and an estimate of the percentage completed for each milestone or task. -2- I Consultant shall be responsible for paying any subcontractors used in 2 the performance of this Agreement. Subcontractors shall not bill the 3 City directly. 4 Payment of the invoice shall be made after acceptance and 5 approval by the City within thirty (30) days of receipt. The City's 6 approval of the invoice shall not be unreasonably withheld. 7 V. CHANGES AND EXTRA SERVICES. 8 The City reserves the right to request changes in the 9 services to be performed by the Consultant. All such changes shall be 10 incorporated in written change orders executed by the City and the 11 Consultant which shall specify the changes ordered and the adjustment 12 of compensation and completion time required thereof. 13 Any services added to the scope of this Agreement by a change 14 order shall be executed under all applicable conditions of this 15 Agreement. No claim for additional compensation or extension of time 16 shall be recognized unless contained in a duly executed change order. 17 VI. OWNERSHIP OF DOCUMENTS. 18 All documents, data, studies, surveys, drawings, maps, 19 models, photographs and reports prepared by Consultant under this 20 Agreement shall be considered the property of City upon payment for 21 services performed by Consultant. Said documents and materials shall 22 be delivered to City by Consultant as they are generated; however, 23 Consultant may take and retain copies of said documents and materials 24 as desired. 25 VII. CONFIDENTIAL INFORMATION. 26 1. Access to Confidential Information. The City may 27 provide Consultant with, or allow Consultant access to, certain 28 information not available to the public concerning the City, or 591! I businesses located in the City. The information may include company 2 information, taxes, sales, value of assets, or other such information. 3 All such information shall be known as "Confidential Information. 4 2. No Disclosure. Except as expressly permitted, 5 Consultant shall not disclose, permit the disclosure of, release, 6 disseminate, or transfer, whether orally or by any other means, any 7 part of such Confidential Information to any other person or entity, 8 whether corporate, governmental, or individual, without the express 9 prior written consent of an authorized representative of the City. 10 Consultant shall return any written Confidential Information, and all 11 copies made of such items, to the City upon the City's written 12 request, but in any event not later than the date that the Consultant 13 has performed all services to be performed pursuant to this Agreement. 14 Consultant hereby agrees that such Confidential Information and any 15 documents provided may be used by Consultant only as authorized by the 16 City. Consultant shall take reasonable measures to avoid any 17 disclosure of any such Confidential Information to any unauthorized 18 person. 19 3. Court Ordered Disclosure. Consultant shall 20 immediately notify the City of any court order or subpoena requiring 21 disclosure of Confidential Information, and shall cooperate with legal 22 counsel in the appeal or challenge of any such order or subpoena. 23 Recipient may only disclose Confidential Information required to be 24 disclosed pursuant to court order or subpoena after legal counsel has 25 exhausted any lawful and timely appeal or challenge. 26 4. Remedies. In addition to any other remedies that 27 it may have at law or in equity, the City shall be entitled to a 28 temporary and permanent injunction by a court of competent -4- I jurisdiction against any breach or threatened breach of the 2 Confidential Information provisions of this Agreement. Consultant 3 acknowledges that in case of such breach or threatened breach of said 4 provisions, the City would have no adequate remedy at law. 5 VIII. INDEMNITY AND INSURANCE. 6 1. Indemnification. The Consultant shall indemnify, 7 defend, protect and hold the City and its officers, agents and 8 employees, free and harmless from and against any and all claims, 9 demands, losses, damages, liabilities, fines, charges, penalties, 10 orders, or judgments which result in any injury or death, and all 11 costs and expenses incurred in connection therewith, including 12 reasonable attorney's fees and costs of defense arising out of or 13 attributable to the negligent or wrongful acts of Consultant or its 14 subcontractors, employees or agents in the performance of services 15 under this Agreement, except to the extent arising from or caused by 16 the sole active negligence or willful misconduct of the City, its 17 officers, agents or employees. For such matters not involving injury 18 or death, the Consultant shall not be required to defend the City, but 19 will pay the costs which the City may incur in defending such matters, 20 including reasonable attorney fees, if the Consultant is alleged to 21 have been negligent in the performance of the services under this 22 Agreement. 23 2. Insurance. Prior to commencing work hereunder, 24 the Consultant shall provide the City with proof of insurance 25 providing and maintaining the coverages and endorsements set forth in 26 the Insurance Schedule attached hereto as Exhibit "B." Said proof of 27 insurance shall also provide that said policy or policies shall not be 2$ canceled or materially reduced in coverage without giving at least -5- I thirty (30) days prior written notice to the City. 2 IX. GENERAL PROVISIONS. 3 1. Independent Contractor. At all times during the 4 term of this Agreement, the Consultant shall be an independent $ contractor and shall not be an employee of the City. The City shall 6 have the right to control the Consultant only insofar as the results 7 of the Consultant's services rendered pursuant to this Agreement; 8 however, the City shall not have the right to control the means by 9 which the Consultant accomplishes services rendered pursuant to the 10 Agreement except to the extent that such services involve the use of 11 City property or Confidential Information. 12 2. Consultant Not Agent. Except as the City may 13 specify in writing, the Consultant shall have no authority, express or 14 implied, to act on behalf of the City in any capacity whatsoever as an 1$ agent. The Consultant shall have no authority, expressed or implied, 16 pursuant to this Agreement to bind the City to any obligation 17 whatsoever. 18 3. Assignment and Subcontracting Prohibited. 19 Consultant may not assign or subcontract any right or obligation of 20 this Agreement except with the express written consent of the City. 21 Any other attempted or purported assignment of any right or obligation 22 pursuant to this Agreement shall be void and of no effect. 23 4. Termination. This Agreement may be terminated by 24 either party upon the giving of a written "Notice of Termination" to 25 the other party at least fifteen (15) days prior to the termination 26 date specified in said notice. In the event this Agreement is 27 terminated, Consultant shall be paid in full value of services 28 rendered, based upon the percentage of completion of Consultant's work -6- I on the date of termination. 2 5. Notices. Any and all notices., demands, invoices, 3 and written communications between the parties shall be addressed to 4 the parties as follows: 5 CITY: THE CITY OF VERNON 6 ATTN: Bruce V. Malkenhorst City Administrator 7 4305 Santa Fe Avenue Vernon, CA 90058-0805 8 CONSULTANT: COTTON/BELAND ASSOCIATES, INC. 9 ATTN: Donald A. Cotton, AICP 10 Principal & President 747 East Green, Suite 300 11 Pasadena, CA 91101-2119 12 Any such notices, demands, invoices and written 13 communications shall be (i) hand delivered, (ii) sent by telecopy and 14 mail, or (iii) sent by mail. Mail shall be conclusively deemed to 15 have been received by the addressee five (5) days after the deposit 16 thereof in the United States Mail, postage prepaid and properly 17 addressed as noted above. 18 X. ENTIRE AGREEMENT. This Agreement supersedes any and 19 all other agreements, either oral or in writing, between the parties 20 with respect to the subject matter herein. Each party to this 21 Agreement acknowledges that no representations have been made by any 22 party which are not embodied herein and that no other agreement, 23 statement or promise not contained in this Agreement shall be valid 24 and binding. Any modification of this Agreement will be effectively 25 only if it is in writing signed by the parties. 26 XI. BENEFIT OF AGREEMENT. 27 This Agreement shall bind and benefit the parties hereto and 28 their heirs, successors, and permitted assigns. dA I XII. GOVERNING LAW. 2 This Agreement shall be governed by and construed and 3 enforced in accordance with the laws of the State of California. 4 IN WITNESS WHEREOF, the City and the Consultant have executed 5 this Agreement by and through their authorized officers as of the date 6 first hereinabove set forth. 7 8 CITY OF VERNON 9 By: LEONIS C. MALBURG, Mayor 10 ATTEST: 11 12 BRUCE V. MALKENHORST, City Clerk 13 APPROVED AS TO FORM: 14 15 EDUARDO OLIVO, City Attorney 16 COTTON/BELAND/ASSOCIATES, INC. 17 a C lifornia Corporation 18 By: �( Donald A. Cotton, AICP 19 Title: Principal�/j& President den 20 By: 44 L11'q 6�9— Donald A. Cotton, AICP 21 Title: Secretary 22 23 24 25 26 27 28 EXHIBIT 0 Proposal City of Vernon 2000-2005 Housing Element August 2, 2000 Cotton/Beland/Associates 747 East Green Street, Suite 300 Pasadena, California 91101 (626)304-0102 cba@pacbell.net TABLE OF CONTENTS Page Scopeof Work........................................................iii CostSchedule........... ............... .......:.................... vi TimeSchedule...................................................... vii Qualifications ...................................................... viii Proposal for City of Vernon ii 2000-2005 Housing Element SCOPE OF WORK The following outlines our proposed scope of work by task for preparation of the 2000- 2005 Housing Element for Vernon. COMPONENTS OF COMPREHENSIVE HOUSING ELEMENT UPDATE a. Update Background Information CBA will review the City's existing Housing Element and other available data, and identify additional information that may be required. We will then discuss with staff members the best means of remedying any data deficiencies. i) Current information on population and households for the City, including housing affordability and overcrowding.. ii) Information on special housing needs groups, including the disabled, elderly, large families, female -headed households and the homeless. iii) Current (2000) information on housing stock characteristics, including unit mix and tenure, housing rental rates and sales prices, and housing age and condition. iv) SCAG projections of regional housing needs (RHNA), including the results of the City's RHNA appeal. b. Potential Housing Constraints and Opportunities CBA will prepare an updated analysis of potential constraints upon the maintenance, improvement or development of housing in Vernon to include the following: environmental and infrastructure constraints, governmental constraints, and market constraints. The housing opportunities chapter of the Element will evaluate the potential for residential development in Vernon on vacant and underutilized sites. Each of the identified sites will be evaluated in terms of suitability for residential development based on environmental safety, service adequacy, and economic feasibility. Proposal for City of Vernon iii 2000-2005 Housing Element C. d. e. f. Review of Existing Housing Element In order to develop appropriate programs to address the housing needs identified in the prior tasks, CBA will work with City staff to determine the achievements under adopted housing programs in the existing Vernon Housing Element, and evaluate the effectiveness of these programs in delivering housing services. Draft Housing Element Based on the evaluation conducted in the prior phases, combined with input from City staff, the City's existing Housing Element will be comprehensively updated to develop a Screencheck Draft Housing Element. Based on direction received from staff, CBA will make any appropriate revisions to the screendraft Element and will prepare a public review draft Element for submittal to the State to initiate their maximum 45-day review period. The Draft Element will also be made available in public locations for review and comment. Products: Screencheck Draft Housing Element Public Review Draft Housing Element Environmental Documentation CBA will maintain responsibility for preparation of a negative declaration on the Housing Element, including all noticing and circulation requirements. Products: Initial Study/Negative Declaration Public Review and Finalization Upon receipt of comments from HCD on the Draft Housing Element, CBA will draft a memo identifying any recommended changes to the Element necessary to achieve HCD compliance. CBA project manager will assist City staff in conducting the City Council public hearing on the Draft Element. All comments and changes arising from this meeting will be prepared for incorporation into the final document. In the event that HCD approval of the Housing Element cannot be achieved, CBA can assist the City in preparing written findings to be included in the resolution of adoption. The findings will explain the reasons the City believes that the Element Proposal for City of Vernon iv 2000-2005 Housing Element substantially complies with the requirements of the housing element law. The cost for preparation of findings is not currently included in the project budget. Products: Memo identifying recommended changes to Draft Element Adopted Housing Element Findings (optional - as needed) 2. PRODUCTS The following products are included within our scope of services. All documents will be provided to the City on computer disk in the format desired by the City. • Screencheck Draft Housing Element (5 copies) • Public Review Draft Housing Element (15 copies) • Memo identifying recommended changes to Draft Element (one reproducible copy) • Adopted Housing Element (one reproducible original, 15 copies, and a computer version on diskette(s)) • Initial Study/Negative Declaration (15 copies) Proposal for City of Vernon v 2000-2005 Housing Element COST SCHEDULE The budget on the following page is our best estimate of the time and costs required to complete the Scope of Services outlined in our proposal for the Vernon 2000-2005 Housing Element Update. Costs are identified by individual staff members by indicating number of hours for each phase of the work program multiplied by hourly billing rates. Billing rates reflect both direct labor and overhead costs. The total cost shown is a lump sum not to exceed amount, and anticipates review of the draft Plan by both City staff and attorneys. City of Vernon 2000-2005 Housing Element Staff Person: Hourly Rate: Principal Project Manager Housing Planner Planning Support Graph WP Total $125 $110 $60 $50 $45 $40 1a. Update Background Information 8 20 16 $2,880 1b. Constraints/Opportunities 1 6 12 8 $1,905 1c. Review of Existing Element 6 4 4 $1,100 1 d. Draft Housing Element 2 16 12 8 4 4 $3,470 le. Environmental Documentation 1 4 16 8 2 4 $2,175 1f. Public Review and Finalization 2 8 12 4 2 4 $2,300 Reproduction/Postage/Phone $500 Total Housing Element 6 48 76 48 8 12 $14,3 Proposal for City of VernonA 2000-2005 Housing Element PROJECT SCHEDULE CBA is able to commit the necessary staff and resources to complete the Draft Housing Element within approximately six weeks of contract initiation. This expedited time frame is possible because we have maintained the City's existing Housing Element on computer disk, because of the focused nature of Vernon's update, and because of our ongoing involvement in preparing Housing Elements for our clients. Project Initiation/Scoping Meeting late August 2000 Screen Draft 2000-2005 Housing Element early October 2000 Draft Element/Submittal of Draft Element to HCD for 45 day mid October 2000 review Negative Declaration/ 30 day circulation November 2000 City Council Public Hearing December 2000 Submittal of Adopted Element to HCD Adherence to this time frame is however contingent upon prompt receipt of pertinent background materials and prompt review of the screen draft document, by City staff and attorneys. Proposal for City of Vernon Vii 2000-2005 Housing Element QUALIFICATIONS OF FIRM AND TEAM MEMBERS The following section provides an overview of CBA's housing qualifications, including a summary of the staff assigned to the project. CottonBeland/Associates (CBA) Project Team CBA, a California corporation, provides urban and environmental planning services to public agencies and private clients. The firm is currently located at 747 E. Green Street, Suite 300, in Pasadena. Established in Pasadena in 1976, CBA opened its second office in San Diego in 1987, and its third office in Roseville (Sacramento) in 2000. CBA maintains a small, quality staff of 30+ individuals. The majority of our staff members have been with the firm over five years, with the ffrm's two Principals and three Senior Associates all having a tenure of ten or more years. In the course of our housing work, CBA staff members have obtained substantial experience in dealing with state and federal legislative requirements and have gained an understanding of the important linkages between strategies/actions established in different housing studies. CBA is also sensitive to the legal and political issues involved in housing element work. CBA staff members assigned to the Vernon Housing Element are all professionals with substantial experience in housing, as well as conducting meetings and working with the public and various political bodies. The following CBA staff will be directly involved in preparing the Housing Element for Vernon. (Refer to Project Budget for allocation of team member time towards Housing Element tasks). Donald A. Cotton, AICP, Principal. Mr. Cotton will serve as Principal -in -Charge on the Housing Element and will provide oversight on initial project definition, overall project coordination, quality control and schedule. Mr. Cotton has directed numerous housing studies and is expert on the nuances of housing element and general plan law and issues of internal. consistency. Karen Warner, AICP, Senior Associate. Ms. Warner has nearly 15 years experience in housing program and policy development, and worked with Vernon in preparing its last housing element, and most recently the Agency's Redevelopment Implementation Plan.. Ms. Warner has served as a conference speaker on housing issues for APA, NAHRO, CRA, the League of California Cities and various Planning Director groups. City of Vernon viii 2000-2005 HousiProposal for ng Element Derek Burnham and Desmond Parrington, Housing Planners. Mr. Burnham and Mr. Parrington with both provide support in data collection and analysis for the Housing Element. Both have recent experience in Vernon, Derek in the preparing the Redevelopment Implementation Plan, and Desmond in the Parking and Loading studies and Alameda Corridor Mitigation.. Derek is currently involved in preparing housing elements for the cities of Huntington Park and Gardena, and Desmond is involved in preparation of elements for Compton and Rialto. Brian Boecking, Graphics/ComputerApplications. CBA Graphics Director Brian Boecking will support this work effort. Mr. Boecking will be responsible for preparing maps, charts and other graphic work for the Housing Element and display materials for the public meetings. Proposal for City of Vernon ix 2000-2005 Housing Element a � � Proposal for City of Vernon x 2000-2005 Housing Element EXHIBIT 1 EXHIBIT B 2 INSURANCE SCHEDULE (CONSULTANT) 3 The Consultant shall provide proof of insurance, including a standard certificate of insurance, in 4 at least the following amounts and coverage (combined single limit permitted): 5 I• Coverage and Limits 6 Bodily Inury Property Damage Hazards Each Person Each Accident Each Accident 7 Automobile Liability 8 Owned Automobiles $ 500,000 $1,000,000 $ 500,000 9 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles 500,000 $1,000,000 $ 500,000 10 Workers' Compensation $ Statutory - Employers' Liability $1,000.000 per employer 11 12 IL General and Professional Liability 13 General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 14 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 15 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contract Liability $1,000,000 $2,000,000 $1,000,000 16 Professional Liability $ 500,000 $ 500,000 $ 500,000 17 a. The general liability policy shall contain the following special endorsements which shall be 18 noted on or attached to the standard certificate of insurance: 19 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 20 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or 21 material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 22 4. Such other endorsement as may be required by addendum hereto. 23 b. In addition to the standard certificate of insurance, proof of general and professional liability coverage shall be furnished in the form checked below. Certification of the following proofs 24 by the insurance agent or broker will not be accepted: 25 X For each policy, a notarized letter from the underwriter or carrier certifying that the 26 coverage and statements in the standard certificate of insurance (attached thereto) are true 27 and correct and that the signator is an officer authorized to so certify. 28 _ A copy of each policy certified by an officer of the underwriter or carrier and notarized. 1W41116:11_8:1 SUPPORTING DOCUMENTS +Y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THIS AGREEMENT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this c3d day of August, 2000,.in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON, a Municipal Corporation (hereinafter referred to as the "..City") 4305 Santa Fe Avenue Vernon, CA 90058 COTTON/BELAND/ASSOCIATES, INC., a California Corporation (hereinafter referred to as the "Consultant") 747 East Green, Suite 300 Pasadena, CA 91101-2119 WITNESSETH WHEREAS, the City is required by State law to update the housing element of the City's General Plan; and WHEREAS, the Consultant submitted a proposal to City dated August 2, 2000 (the "Proposal") which includes a description of proposed services and a cost proposal; and WHEREAS, City desires to retain Consultant to provide assistance and consultation in reviewing and updating the housing element of the City of Vernon General Plan and to make appropriate recommendations; and WHEREAS, Consultant represents that it is qualified to perform such services under this Consulting Services Agreement (hereinafter "Agreement"); and WHEREAS, Consultant is willing to render such professional services as hereinafter defined. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: I. SCOPE OF SERVICES. The Consultant shall perform the services outlined in the Proposal, which is attached hereto as Exhibit "A" and incorporated herein by reference. It is understood and agreed that in the event of a conflict between the Proposal and this Agreement, the terms of this Agreement shall prevail. II. TIME OF PERFORMANCE. Consultant's services herewith shall commence upon signing of the Agreement and shall be completed in accordance with the Proposal, unless terminated or extended. III. COMPENSATION. The City shall compensate the Consultant for actual effort expended on a time and expense basis in accordance with the fee schedule set forth in the Proposal. The total compensation, which includes expenses, shall not exceed Fourteen Thousand Three Hundred Thirty Dollars and No Cents ($14,330.00), unless otherwise provided for under Section V of this Agreement. IV. METHOD OF PAYMENT. Within thirty (30) days after the last day of any month in which services -have been performed or costs incurred hereunder, the Consultant shall submit an invoice to the City stating the amount due the Consultant. Invpices shall contain an itemization of services rendered, directly related job expenses and subcontract charges, and an estimate of the percentage completed for each milestone or task. -2- 1 2 3 4 5 6 I 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Consultant shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. Payment of the invoice shall be made after acceptance and approval by the City within thirty (30) days of receipt. The City's approval of the invoice shall not be unreasonably withheld. V. CHANGES AND EXTRA SERVICES. The City reserves the right to request changes in the services to be performed by the Consultant. All such changes shall be incorporated in written change orders executed by the City and the Consultant which shall specify the changes ordered and the adjustment of compensation and completion time required thereof. Any services added to the scope of this Agreement by a change order shall be executed under all applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed change order. VI. OWNERSHIP OF DOCUMENTS. All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City -upon payment for services performed by Consultant. Said documents and materials shall be delivered to City by Consultant as they are generated; however, Consultant may take and retain copies of said documents and materials as desired. VII. CONFIDENTIAL INFORMATION. 1. access to Confidential Information. The City may provide Consultant with, or allow Consultant access to, certain information not available to the public concerning the City, or -3- 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 businesses located in the City. The information may include company information, taxes, sales, value of assets, or other such information. All such information shall be known as "Confidential Information." 2. No Disclosure. Except as expressly permitted, Consultant shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity, whether corporate, governmental, or individual, without the express prior written consent of an authorized representative of the City. Consultant shall return any written Confidential Information, and all copies made of such items, to the City upon the City's written request, but in any event not later than the date that the Consultant has performed all services to be performed pursuant to this Agreement. Consultant hereby agrees that such Confidential Information and any documents provided may be used by Consultant only as authorized by the City. Consultant shall take reasonable measures to avoid any disclosure of any such Confidential Information to any unauthorized person. 3. Court Ordered Disclosure. Consultant shall immediately notify the City of any court order or subpoena requiring disclosure of Confidential Information, and shall cooperate with legal counsel in the appeal or challenge of any such order or subpoena. Recipient may only disclose Confidential Information required to be disclosed pursuant to court order or subpoena after legal counsel has exhausted any lawful and timely appeal or challenge. 4. Remedies. In addition to any other remedies that it may have at law or in equity, the City shall be entitled to a temporary and permanent injunction by a court of competent -4- I jurisdiction against any breach or threatened breach of the 2 Confidential Information provisions of this Agreement. Consultant 3 acknowledges that in case of such breach or threatened breach of said 4 provisions„ the City would have no adequate remedy at law. 5 VIII. INDEMNITY AND INSURANCE. 6 1. Indemnification. The Consultant shall indemnify, 7 defend, protect and hold the City and its officers, agents and 8 employees, free and harmless from and against any and all claims, 9 demands, losses, damages, liabilities, fines, charges, penalties, 10 orders, or judgments which result in any injury or death, and all 11 costs and expenses incurred in connection therewith, including. 12 reasonable attorney's fees and costs of defense arising out of or 13 attributable to the negligent or wrongful acts of Consultant or its 14 subcontractors, employees or agents in the performance of services 15 under this Agreement, except to the extent arising from or caused by 16 the sole active negligence or willful misconduct of the City, its 17 officers, agents or employees. For,such matters not involving injury 18 or death, the Consultant shall not be required to defend the City, but 19 will pay the costs which the City may incur in defending such matters, 20 including reasonable attorney fees, if the Consultant is alleged to 21 have been negligent in the performance of the services under this 22 Agreement. 23 2. Insurance. Prior to commencing work hereunder, 24 the Consultant shall provide the City with proof of insurance 25 providing and maintaining the coverages and endorsements set forth in 26 the Insurance Schedule attached hereto as Exhibit "B." Said proof of 27 insurance shall also provide that said policy or policies shall not be 28 canceled or materially reduced in coverage without giving at least -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 thirty (30) days prior written notice to the City. I X . QENEZ&L PROVISIONS. 1. Independent Contras or. At all times during the term of this Agreement, the Consultant shall be an independent contractor and shall not be an employee of the City. The City shall have the right to control the Consultant only insofar as the results of the Consultant's services rendered pursuant to this Agreement; however, the City shall not have the right to control the means by which the Consultant accomplishes services rendered pursuant to the Agreement except to the extent that such services involve the use of City property or Confidential Information. 2. consultant Not A en . Except as the amity may specify in writing, the Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. The Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind the City to any obligation whatsoever. 3. Assignment and Subcontracting Prohibited. Consultant may not assign or subcontractany right or obligation of this Agreement except with the express written consent of the City. Any other at or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 4. Termination. This Agreement may be terminated by either party upon the giving of a written "Notice of Termination" to the other party at least fifteen (15) days prior to the termination date specified in said notice. In the event this Agreement is terminated, Consultant shall be paid in full value of services rendered, based upon the percentage of completion of Consultant's work IRI 2 3 4 si 01 8 9 10 11 IN 131' 141 15 16 17 18 19 20 21 22 23 24 25 91 27 on the date of termination. 5. Notices. Any and all notices, demands, invoices, and written communications between the parties shall be addressed to the parties as follows: CITY: THE CITY OF VERNON ATTN: Bruce V. Malkenhorst City Administrator 4305 Santa Fe Avenue Vernon, CA 90058-0805 CONSULTANT: COTTON/BELAND ASSOCIATES, INC. ATTN: Donald A. Cotton, AICP Principal & President 747 East Green, Suite 300 Pasadena, CA 91101-2119 Any such notices, demands, invoices and written communications shall be (i) hand delivered, (ii) sent by telecopy and mail, or (iii) sent by mail. Mail shall be conclusively deemed to have been received by the addressee five (5) days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. X. ENTIRE AGREEMENT. This Agreement 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 have been made 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. Any modification of this Agreement will be effectively only if it is in writing signed by the parties. XI. BENEFIT OF AGREEMENT. This Agreement shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. I XI I . GOVERNING LAW. 2 This Agreement shall be governed by and construed and 3 enforced in accordance with the laws of the State of California. 4 IN WITNESS WHEREOF, the City and the Consultant have executed 5 this Agreement by and through their authorized officers as of the date 6 first hereinabove set forth. 7 CITY OF VERNON 8 9 By: EONIS C. MAL URG, �M�Lr 10 ATTES 11 12 BRUCE V. MALKENHORST, City Clerk 13 APPROVED AS TO FORM: 14 15 EDUARDO OLIVO, City Attorney 16 COTTON/BELAND/ASSOCIATES, INC. a C lifornia Corporation 17 18 By Donald A. Cotton, AICP 19 Title: 20 By: Donald A. Cotton, AICP 21 Title: Secretary 22 23 24 25 27 In EXHIBIT 0 Proposal City of Vernon 2000-2005 Housing Element August 2, 2000 Cotton/Beland/Associates 747 East Green Street, Suite 300 Pasadena, California 91101 (626)304-0102 cba@pacbell.net TABLE OF CONTENTS Page Scope of Work ................................... ...................iii Cost Schedule.......................................................... vi Time Schedule........................................................ vii Qualifications ......................................................... viii Proposal for City of Version ii 2000-2005 Housing Element SCOPE OF WORK The following outlines our proposed scope of work by task for preparation of the 2000- 2005 Housing Element for Vernon. 1. COMPONENTS OF COMPREHENSIVE HOUSING ELEMENT UPDATE a. Update Background Information CBA will review the City's existing Housing Element and other available data, and identify additional information that may be required. We will then discuss with staff members the best means of remedying any data deficiencies. i) Current information on population and households for the City, including housing affordability and overcrowding. ii) Information on special housing needs groups, including the disabled, elderly, large families, female -headed households and the homeless. iii) Current (2000) information on housing stock characteristics, including unit mix and tenure, housing rental rates and sales prices, and housing age and condition. iv) SCAG projections of regional housing needs (RHNA), including the results of the City's RHNA appeal. b. Potential Housing Constraints and Opportunities CBA will prepare an updated analysis of potential constraints upon the maintenance, improvement or development of housing in Vernon to include the following: environmental and infrastructure constraints, governmental constraints, and market constraints. The housing opportunities chapter of the Element will evaluate the potential for residential development in Vernon on vacant and underutilized sites. Each of the identified sites will be evaluated in terms of suitability for residential development based on environmental safety, service adequacy, and economic feasibility. Proposal for City of Vernon iii 2000-2005 Housing Element C. Review of Existing Housing Element In order to develop appropriate programs to address the housing needs identified in the prior tasks, CBA will work with City staff to determine the achievements under adopted housing programs in the existing Vernon Housing Element, and evaluate the effectiveness of these programs in delivering housing services. d. Draft Housing Element Based on the evaluation conducted in the prior phases, combined with input from City staff, the City's existing Housing Element will be comprehensively updated to develop a Screencheck Draft Housing Element. Based on direction received from staff, CBA will make any appropriate revisions to the screendraft Element and will prepare a public review draft Element for submittal to the State to initiate their maximum 45-day review period. The Draft Element will also be, made available in public locations for review and comment. Products: Screencheck Draft Housing Element Public Review Draft Housing Element e. Environmental Documentation CBA will maintain responsibility for preparation of a negative declaration on the Housing Element, including all noticing and circulation requirements. Products: Initial Study/Negative Declaration f. Public Review and Finalization Upon receipt of comments from HCD on the Draft Housing Element, CBA will draft a memo identifying any recommended changes to the Element necessary to achieve HCD compliance. CBA project manager will assist City staff in conducting the City Council public hearing on the Draft Element. All comments and changes arising from this meeting will be prepared for incorporation into the final document. In the event that HCD approval of the Housing Element cannot be achieved, CBA can assist the City in preparing written findings to be included in the resolution of adoption. The findings will explain the reasons the City believes that the Element Proposal for City of Vernon iv 2000-2005 Housing Element substantially complies with the requirements of the housing element law. The cost for preparation of findings is not currently included in the project budget. Products: Memo identifying recommended changes to Draft Element Adopted Housing Element Findings (optional - as needed) 2. PRODUCTS The following products are included within our scope of services. All documents will be provided to the City on computer disk in the format desired by the City. • Screencheck Draft Housing Element (5 copies) • Public Review Draft Housing Element (15 copies) • Memo identifying recommended changes to Draft Element (one reproducible copy) • Adopted Housing Element (one reproducible original, 15 copies, and a computer version on diskette(s)) • Initial Study/Negative Declaration (15 copies) Proposal for City of Vernon v 2000-2005 Housing Element COST SCHEDULE The budget on the following page is our best estimate of the time and costs required to complete the Scope of Services outlined in our proposal for the Vernon 2000-2005 Housing Element Update. Costs are identified by individual staff members by indicating number of hours for each phase of the work program multiplied by hourly billing rates. Billing rates reflect both direct labor and overhead costs. The total cost shown is a lump sum not to exceed amount, and anticipates review of the draft Plan by both City staff and attorneys. City of Vernon 2000-2005 Housing Element Staff Person: Hourly Rate: Principal Project Manager Housing Planner Planning Support Graph WP Total $125 $110 $60 $50 $45 $40 1a. Update Background Information 8 20 16 $2,880 1b. Constraints/Opportunities 1 6 12 8 $1,905 1c. Review of Existing Element 6 4 4 $1,100 1d. Draft Housing Element 2 16 12 8 4 4 $3,470 le. Environmental Documentation 1 4 16 8 2 4 $2,175 1f. Public Review and Finalization 2 8 12 4 2 4 $2,300 Reproduction/Postage/Phone $500 Total Housing Element 6 48 76 48 8 12 $14,330 Proposal for City of Vernon A 2000-2005 housing Element PROJECT SCHEDULE CBA is able to commit the necessary staff and resources to complete the Draft Housing Element within approximately six weeks of contract initiation. This expedited time frame is possible because we have maintained the City's existing Housing Element on computer disk, because of the focused nature of Vernon's update, and because of our ongoing involvement in preparing Housing Elements for our clients. Project Initiation/Scoping Meeting late August 2000 Screen Draft 2000-2005 Housing Element early October 2000 Draft Element/Submittal of Draft Element to HCD for 45 day mid October 2000 review Negative Declaration/ 30 day circulation November 2000 City Council Public Hearing December 2000 Submittal of Adopted Element to HCD Adherence to this time frame is however contingent upon prompt receipt of pertinent background materials and prompt review of the screen draft document by City staff and attorneys. City of Vernon Proposal for vii 2000-2005 Housing Element QUALIFICATIONS OF FIRM AND TEAM MEMBERS The following section provides an overview of CBA's housing qualifications, including a summary of the staff assigned to the project. CottonBeland/Associates (CBA) - Project Team CBA, a California corporation, provides urban and environmental planning services to public agencies and private clients. The firm is currently located at 747 E. Green Street, Suite 300, in Pasadena. Established in Pasadena in 1976, CBA opened its second office in San Diego in 1987, and its third office in Roseville (Sacramento) in 2000. CBA maintains a small, quality staff of 30+ individuals. The majority of our staff members have been with the firm over five years, with the firm's two Principals and three Senior Associates all having a tenure of ten or more years. In the course of our housing work, CBA staff members have obtained substantial experience in dealing with state and federal legislative requirements and have gained an understanding of the important linkages between strategies/actions established in different housing studies. CBA is also sensitive to the legal and political issues involved in housing element work. CBA staff members assigned to the Vernon Housing Element are all professionals with substantial experience in housing, as well as conducting meetings and working with the public and various political bodies. The following CBA staff will be directly involved in preparing the Housing Element for Vernon. (Refer to Project Budget for allocation of team member time towards Housing Element tasks). Donald A. Cotton, AICP, Principal. Mr. Cotton will serve as Principal -in -Charge on the Housing Element and will provide oversight on initial project definition, overall project coordination, quality control and schedule. Mr. Cotton has directed numerous housing studies and is expert on the nuances of housing element and general plan law and issues of internal . consistency. Karen Warner, AICP, Senior Associate. Ms. Warner has nearly 15 years experience in housing program and policy development, and worked with Vernon in preparing its last housing element, and most recently the Agency's Redevelopment Implementation Plan.. Ms. Warner has served as a conference speaker on housing issues for APA, NAHRO, CRA, the League of California Cities and various Planning Director groups. Proposal for City of Vernon viii 2000-2005 Housing Element Derek Burnham and Desmond Parrington, Housing Planners. Mr. Burnham and Mr. Parrington with both provide support in data collection and analysis for the Housing Element. Both have recent experience in Vernon, Derek in the preparing the Redevelopment Implementation Plan, and Desmond in the Parking and Loading studies and Alameda Corridor Mitigation.. Derek is currently involved in preparing housing elements for the cities of Huntington Park and Gardena, and Desmond is involved in preparation of elements for Compton and Rialto. Brian Boecking, Graphics/ComputerApplications. CBA Graphics Director Brian Boecking will support this work effort. Mr. Boecking will be responsible for preparing maps, charts and other graphic work for the Housing Element and display materials for the public meetings. Proposal for City of Vernon ix 2000-2005 Housing Element Proposal for City of Vernon x 2000-2005 Housing Element EXHIBIT I EXHIBIT B 2 INSURANCE SCHEDULE (CONSULTANT) 3 The Consultant shall provide proof of insurance, including a standard certificate of insurance, in 4 at least the following amounts and coverage (combined single limit permitted): 5 ICoveraize and Limits 6 Bodily In, iury Propea Damage Hazards Each Person Each Accident Each Accident 7 Automobile Liability 8 Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 9 Non Owned Automobiles $ 500,000 $1,000,000 $ 500.000 10 Workers' Compensation $ Statutory Fm foyers' Liability $1.000,000 ger eml2loyer 11 II. General and Professional Liability 12 13 General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 14 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 15 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contract Liability $1,000,000- $2,000,000 16 Professional Liability $ 500,000 $ 500,000 $ 500,000 17 a. The general liability policy shall contain the following special endorsements which shall be 18 noted on or attached to the standard certificate of insurance: 19 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 20 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or 21 material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 22 4. Such other endorsement as may be required by addendum hereto. 23 b. In addition to the standard certificate of insurance, proof of general and professional liability coverage shall be furnished in the form checked below. Certification of the following roofs oofs 24 b, the insurance agent or broker will not be accoted: 25 X For each policy, a notarized letter from the underwriter or carrier certifying that the 26 coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. 27 A copy of each policy certified by an officer of the underwriter or carrier and notarized. 28 EXHIBIT B MEMORANDUM TO: Gloria J. Orosco, Chief Deputy City Clerk FROM: Joan Francone, Risk Manager ?oil DATE: September 5, 2000 SUBJECT: COTTONBELAND/ASSOCIATES, INC. — CONSULTING SERVICES AGREEMENT FOR 2000 — GENERAL PLAN HOUSING ELEMENT This is to advise you that the above referenced consultant has provided acceptable insurance coverage. Please contact me if you have any questions. JF/fs Enclosures c: Kevin Wilson .ACORD CERTIFICATE OF LIABILITY INSURANCE Do8/30/"�20 no MtODUCER @T18 ARIS INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAI HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND C 2101 BUSINESS CENTER DR., #230 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOI IRVINE, CA 92612 INSURERS AFFORDING COVERAGE LICENSE NO.0795446 ----- ----* NSURED 1 INSURER A: t- I CBA, INC. NSURER B: — --- -------- DBA: COTTON/BELAND/ASSOCIATES INC. I INSURER C: 747 E. GREEN ST., SUITE 300 i INSURER D: PASADENA, CA 91101 1 INSURER E. COVERAUES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE MWDDIYY DATE MMID LIMIT8 -1000000 A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR 33574816 I 09/01 /00 09/01 /01 I EACH OCCURRENCE $ DAMAGEMy one fire) $ 10 ne peroon) 3 ��� V INJURY ST 1000000 $ _ REGATE OMP/OP AGG $ 2000 00ILLG���E $ 20d0000 jNT AGGREGATE LIMIT APPLIES PER: 7X POLICY JE O- LOC A AUTOMOBILE LIABILITY ANY AUTO 33574816 j 09/01 /00 1 09/01 /01 Ewa BINNED SINGLE LIMIT --�— $ 1000000 — --- I� ALL ONMED AUTOS SCHEDULED AUTOS I HIRED AUTOS NON -OWNED AUTOS P� i���) RY I BODILY INJURY (Per accident) �— -- —--------- — $ --- -�;--� �I X1 1 -- - - — - - j_ j PROPERTY DAMAGE (Per accident) I $ AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY ANY AUTO I OTHER THAN EA ACC AUTO ONLY: AGG � $ $ EXCESS LIABILITY ~ -- OCCUR CLAIMS MADE 17 �, EACH OCCURRENCE AGGREGATE — -- $ ---- $ --- DEDUCTIBLE RETENTION $ --- $ -- -- --- B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 2042917 09/01 /00 09/01 /01 X TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ 2000000 $ E.L. DISEASE - POLICY LIMIT $ OTHER i I DESCRIPTION OF OPERATIONSILOCATiONSIVEHICLESIEXCLUSION8 ADDED BY ENDORSEMENTISPECIAL PROVISIONS SEE ATTACHED ENDORSEMENT IN 714F FVENT OF QA CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION I,, ti i .(L ._f . A '10 DAY NOTK,' E WILL E CGIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THE CITY OF VERNON DATE THEREOF, THE ISSUING INSURER WILL kW)ft DIR,TD MAIL 30 DAYS WRITTEN ATTN: MRS. JOAN FRACONE-RISK MANAGER NOTICE To THE CERTIFICATE HOLDER NAMED TO THE LEFT, RE 4305 SANTA FE AVE. W POSE oN o of A UPON UR A N VERNON, CA 90058 MAUTHWORUZEIDREPRESENTATIVE POLICY NUMBER: 33574816 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED —OWNERS, LESSEES or CONTRACTORS (Form A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization (Additional Insured): THE CITY OF VERNON, ITS OFFICERS & EMPLOYEES Bodily Injury and Property Damage Liability Premium Basis Cost Rates (Per $1000 of cost) $ Total Advance Premium $ Location of Covered Operations Advance Premium INCL INCL (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section Iq is amended to (a) All work on the project (other than include as an insured the person or organization service, maintenance, or repairs) to (called "additional insured") shown in the Sched- be performed by or on behalf of the ule but only with respect to liability arising out of: additional insured(s) at the site of the covered operations has been com- A. "Your work" for the additional insured(s) at the location designated above, or B. Acts or omissions of the additional insured(s) in connection with their general supervision of "your work" at the location shown in the Schedule. 2. With respect to the insurance afforded these addi- tional insureds, the following additional provisions apply: A. None of the exclusions under Coverage A, except exclusions (a), (d), (e), (f), (h2), (i), and (m), apply to this insurance. B. Additional Exclusions. This insurance does not apply to: (1) ;or injury" or "property damage" for which the additional insured(s) are 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 additional insured(s) would have in the absence of the contract or agreement. (2) "Bodily injury" or "property damage" occurring after: pleted; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor engaged in performing operations for a principal as a part of the same project. (3) "Bodily injury" or "property damage" arising out of any act or omission of the additional insured(s) or any of their em- ployees, other than the general supervi- sion of work performed for the additional insured(s) by you. (4) "Property damage" to: (a) Pror operty occupied orrented to the addtona insured(s); (b) Property in the care, custody, or con- trol of the additional Insured(s) or over which the additional insured(s) are for any purpose exercising phys- ical control; or (c) "Your work" for the additional in- sured(s). CG 20 091185 Copyright, Insurance Services Office, Inc.,1984