CC - Item 3C - Approval of Professional Services Agreements For On-Call Engineering ServicesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JULY 10, 2012
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR
ON -CALL ENGINEERING SERVICES
SUMMARY
The City utilizes professional consultant services for the design of major capital projects
involving street, landscaping, transportation, and utility improvements. As the work load
requires, staff will utilize these firms to perform design services, traffic engineering
studies, public works inspection services, review of private development projects,
geotechnical services, survey work, and special analyses. On -call professional services
agreements will continue to provide the City with the ability to obtain multiple bids for
services on a project by project basis and help ensure efficient service delivery to the
community.
Staff Recommendation
It is recommended that the City Council approve the professional services agreements
with the approved list of engineering services firms to provide as needed on -call
professional services and authorize the City Manager to execute the agreements.
DISCUSSION
On -call agreements allow staff to retain specialized services that are regularly needed
for various projects. Fees for these services are set for a specific period of time and are
typically adjusted annually to account for changes in the Consumer Price Index. Many
cities utilize these types of agreements to help supplement City staff with additional
expertise on large, detailed projects. Staff has worked with several firms to develop on-
call agreements (Attachment 1) that will be used over the next year.
The City's Capital Improvement Program budget includes several planned projects that
will require specialized assistance, including sewer capacity enhancements, grant -
funded highway safety improvement projects, NPDES /Storm Water projects,
landscaping /beautification projects and transportation projects, among others. On -call
agreements allow staff to streamline the contracting process and expedite project
ITEM NO. 7N,'
City Council Meeting
July 10, 2012
Page 2 of 2
recurring engineering functions (Traffic Commission support, NPDES compliance
activities, regular public works permitting, etc.) the City will be able to use pre- approved
rate schedules to ensure prompt and efficient service delivery. Any proposed
agreement that exceeds $25,000 will require City Council review and approval.
FINANCIAL REVIEW
Costs for professional services will be negotiated with staff and billed at hourly rates,
depending on the services provided. These agreements do not commit the City to
expending a specified amount for professional services. Funding is provided through
several sources — including transportation funds, grant funds, gas tax funds, and
redevelopment bond proceeds.
Submitted by:
Chris Marcarello
Public Works Director
Attachments:
(1) Engineering Firm Listing
(2) Professional Services Agreement and Rate Schedules
On -Call Engineering Services Firms
• CEJ Engineers —civil engineering, survey, inspection services
• Ellie Farah Engineering — civil engineering, survey, project management
• Evans Brooks and Associates —grant preparation, transportation planning, traffic engineering
• Infrastructure Engineers — civil engineering, survey, inspection services, development review,
project management
• Kimley -Horn and Associates — civil engineering, survey, inspection services, development review,
project management
• U LeBlanc —civil engineering, survey, development review
• Pine Creek Landscaping — landscaping design, inspection services
• RKA Engineers — civil engineering, survey, inspection services, development review, project
management
• Steve Beer Inspection Services — inspection services
• Willdan - civil engineering, survey, inspection services, development review, project
management, NPDES /Water Quality assistance
CITY OF ROSEMEAD
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 10 day of July, 2012 by and between
the City of Rosemead, a municipal organization organized under the laws of the State of
California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California
91770 ( "City ") and [insert Name of Company], a [insert type of business; corporation;
limited liability company; etc.] with its principal place of business at [insert address]
( "Consultant'). City and Consultant are sometimes individually referred to herein as "Party
and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing engineering services
to public clients, is licensed in the State of California, and is familiar with the plans of City.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional engineering
services necessary for the Project ( "Services "). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All Services
shall be subject to, and performed in accordance with, this Agreement, the exhibits
attached hereto and incorporated herein by reference, and all applicable local, state and
federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 10, 2012 to
August 1, 2013, unless earlier terminated as provided herein. Consultant shall complete
the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
On -Call Engineering Services
Page 2 of [insert last page of agreement]
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel performing
the Services under this Agreement on behalf of Consultant shall also not be employees of
City and shall at all times be under Consultant's exclusive direction and control. Consultant
shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law. Consultant
shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's submittals
in a timely manner. Upon request of City, Consultant shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Consultant cannot agree as to the substitution of key personnel, City shall be
entitled to terminate this Agreement for cause. As discussed below, any personnel who fail
or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate ortimely
completion of the Project or a threat to the safety of persons or property, shall be promptly
removed from the Project by the Consultant at the request of the City. The key personnel
for performance of this Agreement are as follows: [insert Names].
3.2.5 City's Representative. The City hereby designates Public Works
Director, or his or her designee, to act as its representative for the performance of this
Agreement ( "City's Representative "). City's Representative shall have the power to act on
behalf of the City for all purposes under this Contract. Consultant shall not accept direction
or orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates [insert
Name or Title], or his /her designee, to act as its representative for the performance of this
Agreement ( "Consultant's Representative "). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
On -Call Engineering Services
Page 3 of [insert last page of agreement]
using his /her best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions
of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled in
the professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from the
City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein. Any employee
of the Consultant or its sub - consultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Consultant and shall not be re- employed to perform any of the Services or to work on the
Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal /OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
12.10 Insurance.
3.2.10.1 Time for Compliance. Architect shall maintain priorto the
beginning of and for the direction of this Agreement insurance coverage as specified in
On -Call Engineering Services
Page 4 of [insert last page of agreement]
Exhibit D attached to and part of this agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the
Contractor shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions underwhich the work is
to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit C attached hereto and incorporated herein by reference. Extra Work may
be authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 45 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work' means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution of
this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws'), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works' and "maintenance' projects. If the Services are being performed as part of an
On -Call Engineering Services
Page 5 of [insert last page of agreement]
applicable "public works" or "maintenance' project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Consultant shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant's principal place of business
and at the project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Consultant shall
allow inspection of all work, data, documents, proceedings, and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have
been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
On -Call Engineering Services
Page 6 of [insert last page of agreement]
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
[Insert Name]
[Insert Address]
[Insert City, State zip]
Attn: [Contact Person]
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed,
forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non - exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited to,
physical drawings or data magnetically or otherwise recorded on computer diskettes, which
are prepared or caused to be prepared by Consultant underthis Agreement ('Documents &
Data "). Consultant shall require all subcontractors to agree in writing that City is granted a
non - exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data. Consultant makes no such representation
and warranty in regard to Documents & Data which were prepared by design professionals
other than Consultant or provided to Consultant by the City. City shall not be limited in any
way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential
by Consultant. Such materials shall not, without the prior written consent of City, be used
On -Call Engineering Services
Page 7 of [insert last page of agreement]
by Consultant for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be
deemed confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the prior
written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attomey's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or relating to any negligence,
errors or omissions, recklessness, or willful misconduct of Contractor, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
performance of the Contractor's Services, including without limitation the payment of all
consequential damages, expert witness fees, and attorneys fees and other related costs
and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any
and all such aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against City, its directors, officials, officers, employees, agents, or
volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents, or volunteers, in
any such suit, action or other legal proceeding. Contractor shall reimburse City and its
directors, officials, officers, employees, agents, and /or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials officers, employees,
agents, or volunteers.]
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
On -Call Engineering Services
Page 8 of [insert last page of agreement]
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed
calendar days and not work days. All references to Consultant include all personnel,
employees, agents, and subcontractors of Consultant, except as otherwise specified in this
Agreement. All references to City include its elected officials, officers, employees, agents,
and volunteers except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do
not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
On -Call Engineering Services
Page 9 of [insert last page of agreement]
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicitor secure this Agreement. Further, Consultant warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, anyfee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. Consultant further agrees to file, or shall cause its employees or
subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as
required under state law in the performance of the Services. For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her
service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Consultant shall also comply with all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker's Compensation or to undertake
self- insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior
written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
[signatures on next page]
On -Call Engineering Services
Page 10 of [insert last page of agreement]
CITY OF ROSEMEAD [INSERT NAME OF CONSULTANT]
City Manager
/G{irzm
Gloria Molleda
City Clerk
Approved as to Form:
al
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Joseph M. Montes By:
Name:
City Attorney
02/08
DocumenU
EXHIBIT A
SCOPE OF SERVICES
[insert scope]
UN
EXHIBIT B
SCHEDULE OF SERVICES
[insert schedule]
N
EXHIBIT C
COMPENSATION
[insert rates & authorized reimbursable expenses]
C -1
EXHIBIT D
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
[Note: verify minimum limit for each coverage with Risk Manager]
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less
that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be
satisfied by a non -owned auto endorsement to the general liability policy described above.
If Consultant or Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such person.
[Note: may need to delete workers' compensation and employer's liability insurance
requirements for certain sole proprietorships, partnerships, or corporations without
employees]
Workers Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
[Note: If the required limits for general liability, auto and employer's liability are $1
million or less, the following paragraph may be omitted.]
Excess or Umbrella Liability Insurance ( Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum $25,000 self- insured retention for
liability not covered by primary but covered by the umbrella. Coverage shall be provided on
a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall
contain a provision obligating insurer at the time insured's liability is determined, not
D -1
requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of Consultant, subconsultants or others involved
in the Work. The scope of coverage provided is subject to approval of Cityfollowing receipt
of proof of insurance as required herein. Limits are subject to review but in no event less
than $ per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on
a policy form coverage specifically designed to protect against acts, errors or omissions of
the consultant and "Covered Professional Services' as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no less
than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the
insured and must include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better and
a minimum financial size Vll.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
D -2
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self- insure its obligations to City. If
Consultant's existing coverage includes a deductible or self- insured retention,
the deductible or self- insured retention must be declared to the City. At that time
the City shall review options with the Consultant, which may include reduction or
elimination of the deductible or selfinsured retention, substitution of other
coverage, or other solutions.
D -3
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of City to inform Consultant of non - compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17.The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all -
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
D -5
CEJ Engineers, Inc.
Hourly Rate Schedule
Effective July 1, 2012 to June 30 2013
ENGINEERING DIVISION
City Engineer .......... ...............................
*165.00
Principal Engineer ............ .........................140.00
Project Manager ........ ...............................
120.00
Senior Project Engineer ...........................
110.00
Senior Engineer ....... ...............................
105.00
Associate Engineer ... ...............................
100.00
Design Engineer ......... ...............................
90.00
Designer..................... ...............................
85.00
Jr. Designer/ CADD Drafter .......................
80.00
Clerical/Technical Aide ..............................
60.00
Senior Surveyor ............... .........................120.00
85.00
Senior Survey Analyst ..... .........................110.00
Survey Analyst II ............. .........................100.00
Survey Analyst I ............... ..........................85.00
Survey Party Chief .......... .........................100.00
Field Party (Three) .......... .........................180.00
Field Party ( Two) ............. .........................140.00
Field Party ( One) ......... .........................100.00
CONSTRUCTION MANAGEMENT/ INSPECTION
Supervising Public Works Observer ...........
85.00
Public Works Observer ..... ..........................75.00
Operations Manager ......... ..........................85.00
Construction Engineer ...... ..........................75.00
REIMBURSABLE EXPENSES
Reproduction ..... ............................... Cost
Sub consultant Services ..................... Cost plus 10%
Automobile Transportation ..................$0.51 / mile
Delivery, Freight, Courier .....................Cost
Agency Fees ......... ...........................Cost
Commercial Travel / Subsistence......... Cost
Additional classifications maybe added as new positions are created. The schedule above is for strait time, overtime will be billed at 1.5 and Sundays
and holidays at 1.7times. * If less than 5 hours are required to work during a scheduled/ nonscheduled day, then travel time expenseswill billed at the
current reimbursable rates.
ELLIE FARAH, INC.
STANDARD RATE SCHEDULUE
EFFECTIVE JULY 1, 2012 — JUNE 30, 2013
CATEGORY HOURLY RATE
Engineer $95
1593 Liberty Drive
Corona, CA 928881
Telephone: (951) 898-0772
HOURLY RATE SCHEDULE
g IMPPASTRUCTURE
ENGINEERS
Principal in Charge
$185
Interim City Manager
$185
Assistant /Deputy City Manager
$1,55
C iC�il Engineering
Project Manager
$140
Pram Management
Geo- Technical Engineer
$140
Senior Engineer
$120
Project Director
$145
Plan Checker
$95
Program Manager
$125
Engineering Associate
$85
Program Supervisor
$105
Engineering Assistant
$75
Sr. Program Coordinator
$100
Engineering Technician
$70
Program Coordinator
$85
CAD Manager
$100
Program Assistant
$66
CAD Operator
$70
_ Municipal Engineering Support
Traffic Engineering
City Engineer
$125
Principal Engineer
$140
City Traffic Engineer
$125
Senior Traffic Engineer
$120
Deputy Engineer
$115
Traffic Engineer
$110
Dep. City Traffic Engineer
$115
Plan Checker
$95
Engineering Manager
$95
Engineering Associate
$90
Plan Checker
$95
Engineering Assistant
$75
Engineering Technician
$70
Public Relations
CAD Manager
$100
CAD Operator
$70
PR Project Principal
$140
Transit Planner
$99
PR Project Manager
$120
PR Coordinator
$80
$i ulveving
�
PR Assistant
$65
I
Graphic Designer
$99
Surveyor Party Chief
$175
Market Research Coordinator
$85
Survey Crew - 2 person
$225
Market Research Assistant
$65
Survey Crew - 3 person
$275
Media Relations Manager
$135
Survey Analyst
$90
Web Programming
$105
Plan Checker (subdivision & Survey Document)
$95
Illustration
$105
Construction Management
Building & Safety
Construction Manager
$120
Building Official
$155
Resident Engineer
$120
Plan Check Engineer
$140
Scheduler /Controller
$95
Senior Building Inspector
$89
Senior Inspector
$7S
Building Inspector
$75
Inspector
$65
Technician
$45
Technician
$55
C lerica l
O ther Charges
Organ izer/S u pervisor
$ 63
Delivery
$B5
Clerk Typist
$50
Mileage
$0.60 /Mile
Travel
Cost+ 15%
Reimbursements
Cost + 15%
Additional billing dassifications may be added to the above list throughout the year as new positions are created. The above schedule is for straight
time. Overtime will be charged at 1.5 times. Sundays and holidays are charged at 2.0 times the standard time.
Kmley-Horn
and Amdates, Inc.
HOURLY RATE &C=ULE
Q- I- F-4,TE RANGE
SUPPORT STAFF ...._ ........ — ..................................... t'
�'5.00 - Aso -0a
DESIGNFR'CADD OPERATOR - - - -.. -------- ........ ----- SSOM-$135.00
° ------.- -.--. °-° --- ....... $95.00 5130.G0
PROFESSIONAL-- --- .... .... - 5170.O0
SENIOR PROFESSIONAL . ... .. .... — .................... --$17G.00-5250M
NZWCOM3
....._.. -$M -00 - 5250.40
An
allocation chame(currenfly at 6.15%) wi I I be adidpd to the labor fee shown above to
cover routine expenses, such as loca! mileage, copying, fix, mail, teleplboqe. irt-house
blueprinflng, etc.
A 925/hour cost MR be charged 1b r engineering scUare ro rnputer usage. OwAl me work is
charge at 1.5 Urnes the nDmm I bi I I i ag rate for non - exempt staff.
L.J. LeBlanc
STANDARD RATE SCHEDULUE
EFFECTIVE JULY 1, 2012 — JUNE 30, 2013
CATEGORY HOURLY RATE
Engineer $125
1200 Homewood Lane
La Canada, CA 91011
Telephone: (818) 399 -3802
Email: Iouaticfaaol.com
PINE CREEK LANDSCAPING
STANDARD RATE SCHEDULUE
EFFECTIVE JULY 1, 2012 — JUNE 30, 2013
CATEGORY HOURLY RATE
Inspector $55
2973 Park Avenue
San Bernardino, CA 92404
Telephone: (909) 534 -1228
Email: arwilli(a)netscape.com
Section 6
HOURLY RATE SCHEDULE
On -Call Professional Engineering Services CONSULTING GROUP
Hourly Rate Schedule
2012 HOURLY RATE SCHEDULE*
Project Principal /City Engineer
$
160.00
Project Manager
$
135.00
Project Engineer
$
110.00
CAD Technician
$
75.00
Engineering Technician
$
65.00
Public Works Inspector
$
80.00
Administrative /Clerical
$
55.00
• All charges for subcontracted services will be in the same amounts
as actually invoiced to and paid by RKA Consulting Group, plus a
15% markup.
• All charges for reimbursable expenses, such as reproductions, will be
billed at direct cost, plus a 15% markup.
* RKA recalibrates its billing rates for professional time each calendar
year and reserves the right to raise the billing rate for one or more
professional categories by no more than 3% once in twelve calendar
months.
On -Call Professional Engineering Services CONSULTING GROUP
STEVE BEER INSPECTION SERVICES
STANDARD RATE SCHEDULUE
EFFECTIVE JULY 1, 2012 — JUNE 30, 2013
CATEGORY HOURLY RATE
Inspector $55
401 E. Bay State Street
Alhambra, CA 91801
Telephone: (714) 293 -8897
Email: pwinspector64Ca-gmail.com
WILLDAN ENGINEERING
roji
Principal Engineer ............................ ........................$200.00
180.00
Director.............. ............................... .........................180.00
.........180.00
Deputy Director .. ............................... .........................180.00
125.00
Principal Project Manager ................ .........................180.00
115.00
City Engineer ..... ............................... .........................180.00
100.00
Project Manager ............................... .........................180.00
Plan Check Engineer ................. ...............................
Program Manager ............................. .........................180.00
Deputy Building Official .............. ...............................
Supervising Engineer ........................ .........................160.00
Inspector of Record .................... ...............................
Senior Engineer . ............................... .........................145.00
Senior Plans Examiner .................... .........................125.00
Senior Design Manager .................... .........................145.00
Supervising Building Inspector .. ...............................
Design Manager ............................... .........................135.00
Plans Examiner .......................... ...............................
Associate Engineer ........................... .........................135.00
Senior Building Inspector ........... ...............................
Senior Designer . ............................... .........................130.00
Supervisor
Senior Design Engineer 11 ................. .........................130.00
115.00
Senior Design Engineer 1 .................. .........................125.00
Inspector ...................... ................'105.00
Designer 11 ......... ............................... .........................120.00
Supervising Construction Permit Specialist
DesignerI .......... ............................... .........................115.00
Senior Construction Permit Specialist ......................
Design Engineer 11 ............................ .........................120.00
Senior Code Enforcement Officer ...............................
Design Engineer I ............................. .........................115.00
Assistant Building Inspector .........................
Senior Drafter .... ............................... .........................110.00
Code Enforcement Officer ........... ...............................
Drafter 11 ............. ............................... .........................100.00
Construction Permit Specialist ..... ...............................
Drafter ............... ............................... ..........................95.00
Assistant Construction Permit Specialist ....................
Technical Aide .... ............................... ..........................85.00
Plans Examiner Aide ......................... ..........................75.00
CONSTRUCTION MANAGEMENT
180.00
Director............. ............................... .........................180.00
.........180.00
Deputy Director .. ............................... .........................180.00
125.00
Project Manager ............................... .........................180.00
115.00
Senior Construction Manager ........... .........................155.00
100.00
Construction Manager ...................... .........................145.00
Plan Check Engineer ................. ...............................
Assistant Construction Manager ....... .........................120.00
Deputy Building Official .............. ...............................
Utility Coordinator ............................. .........................125.00
Inspector of Record .................... ...............................
Labor Compliance Manager ............. .........................120.00
Senior Plans Examiner .................... .........................125.00
Labor Compliance Specialist ............. ..........................95.00
Supervising Building Inspector .. ...............................
INSPECTION SERIV%CES
Supervising Public Works Observer ......... .........120.00
Senior Public Works Observer ......... .........................110.00
Public Works Observer . ..............................* *100.00/110.00
Assistant Public Works Observer ..............* *100.00/110.00
SURVEYING
180.00
Principal Project Manager ......... .........
.........180.00
Supervisor - Survey & Mapping ........ .........................155.00
125.00
Senior Survey Analyst ...................... .........................130.00
115.00
Certified Party Chief .......................... .........................130.00
100.00
Senior Calculator .............................. .........................120.00
Plan Check Engineer ................. ...............................
Calculator 11 ........ ............................... .........................110.00
Deputy Building Official .............. ...............................
Calculator 1 ......... ............................... .........................100.00
Inspector of Record .................... ...............................
Survey Analyst 11 ............................... .........................115.00
Senior Plans Examiner .................... .........................125.00
Survey Analyst I . ............................... .........................100.00
Supervising Building Inspector .. ...............................
Survey Party Chief ............................ .........................115.00
Plans Examiner .......................... ...............................
Field Party (One) .............................. .........................180.00
Senior Building Inspector ........... ...............................
Field Party (Two) .............................. .........................235.00
Supervisor
Field Party ( Three ) ............................ .........................295.00
115.00
may
►X-IC41
Principal Project Manager ......... ...............................
180.00
Principal Landscape Architect ... ...............................
150.00
Senior Landscape Architect ....... ...............................
125.00
Associate Landscape Architect .. ...............................
115.00
Assistant Landscape Architect .. ...............................
100.00
` BUILDINGANDSAFETY ,
_
Director .............. ............................... .........................
180.00
Deputy Director .......................... ...............................
180.00
Principal Project Manager ......... ...............................
180.00
Supervising Plan Check Engineer ............................
150.00
Building Official .......................... ...............................
150.00
Plan Check Engineer ................. ...............................
140.00
Deputy Building Official .............. ...............................
140.00
Inspector of Record .................... ...............................
140.00
Senior Plans Examiner .................... .........................125.00
Assistant Planner ....................... ...............................
Supervising Building Inspector .. ...............................
125.00
Plans Examiner .......................... ...............................
115.00
Senior Building Inspector ........... ...............................
115.00
Supervisor
Code Enforcement ... ...............................
115.00
Building
Inspector ...................... ................'105.00
/110.00
Supervising Construction Permit Specialist
.............. 105.00
Senior Construction Permit Specialist ......................
100.00
Senior Code Enforcement Officer ...............................
95.00
Assistant Building Inspector .........................
* *95.00/110.00
Code Enforcement Officer ........... ...............................
80.00
Construction Permit Specialist ..... ...............................
80.00
Assistant Construction Permit Specialist ....................
85.00
Plans Examiner Aide ......................... ..........................75.00
Assistant Code Enforcement Officer . ..........................
70.00
PLANNING
Director ....................................... ...............................
180.00
Deputy Director .......................... ...............................
180.00
Principal Planner ........................ ...............................
150.00
Principal Community Development Planner .............
150.00
Senior Planner ........................... ...............................
130.00
Senior Community Development Planner .................
130.00
Associate Planner ...................... ...............................
115.00
Associate Community Development Planner ...........
115.00
Assistant Community Development Planner ............
105.00
Assistant Planner ....................... ...............................
105.00
Planning Technician ..................... ...............................
85.00
Community Development Technician .........................85.00
ADMINISTRATIVE
Computer Data Entry ........................ ..........................65.00
Clerical......................................... ...............................
65.00
Word Processing .......................... ...............................
65.00
Personal Computer Time ............. ...............................
30.00
I ".
Mileage reimbursement will be charged at the current Federal
guideline rate at the time of billing. Vehicles will be charged at
a monthly rate of $500.00.
** Prevailing Wage Project, Use $110.00
year as new oosiuons are
court
appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the standard
rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A subconsultant management fee of fifteen percent
(15 %) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2010 thru June 30,
2011, thereafter, the rates may be raised once per year to the value of change of the Consumer Price Index for the Los Angeles /Orange County /Sacram area, but not more
than five percent per year.