2200 - Willdan Engineering - Build and Safety and Plan Check Services�a
CITY OF ROSEMEAD
PROFESSIONAL SERVICES AGREEMENT
PARTIES AND DATE.
This Agreement is made and entered into this 28th day of April. 2015 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 Wilidan Engineering ( "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 building and plan
check services to public clients, is licensed in the State of California, and is familiar with
the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for building and plan
check services ('Project') as set forth in this Agreement.
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 building and
plan check consulting 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 1 2015 to June
30 2018 and may be extended for up to two (2) additional year(s) by the City, 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.
12 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
Willdan Engineering
Professional Services Agreement
July 1, 2015 —June 30, 2018
Page 2
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 Scope of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Scope of
Services set forth in Exhibit "A" 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 Scope 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 or
timely 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: James Donovan (CBO),
Richard Kellooq (Building Inspector). and Tressa Brown (Supervising Permit Counter
Tech).
3.2.5 City's Representative. The City hereby designates the Community
Development 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.
Willdan Engineering
Professional Services Agreement
July 1, 2015 — June 30, 2018
Page 3
3.2.6 Consultant's Representative. Consultant hereby designates Jim
Guerra (Consultinq Building Official) or his 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, 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.
Willdan Engineering
Professional Services Agreement
July 1, 2015 —June 30, 2018
Page 4
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Architect shall maintain prior to
the beginning of and for the direction of this Agreement insurance coverage as specified
in Exhibit "C" 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 under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and lifesaving 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.
13 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 "B" attached hereto and incorporated herein by reference. The total
compensation shall not exceed Fifty -Five percent (55 %) of Plan Check fees and Sixty
percent (60 %) of Building Permit fees collected except for inspection services provided
for permits issued before the effective date of this agreement without advance written
approval of the City manager's project manager. 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.
3.33 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.
Willdan Engineering
Professional Services Agreement
July 1, 2015 — June 30, 2018
Page 5
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
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.
3.5.11 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.
Willdan Engineering
Professional Services Agreement
July 1, 2015 — June 30, 2018
Page 6
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.
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:
Willdan Engineering
650 E. Hospitality Lane, Suite 250
San Bernardino, California 92408
Attn: Mr. Ronald L. Espalin, PE
Director of Building and Safety
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Community Development Director
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 under
this 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.
Willdan Engineering
Professional Services Agreement
July 1, 2015 — June 30, 2018
Page 7
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 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 Attorney'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. Consultant 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 or incidentto any alleged acts, omissions orwillful misconduct of Consultant,
its officials, officers, employees, agents, Consultants and contractors arising out of or in
connection with the performance of the Services, the Project or this Agreement, including
without limitation the payment of all consequential damages and attorney's fees and other
related costs and expenses. Consultant shall defend, at Consultant'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. Consultant 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. Consultant 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. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, official 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.
Willdan Engineering
Professional Services Agreement
July 1, 2015 — June 30, 2018
Page 8
3.5.8 Governing Law. This Agreement shall be governed by the laws of
the 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.
Willdan Engineering
Professional Services Agreement
July 1, 2015 —June 30, 2018
Page 9
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or 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, any fee, 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 sub - Consultants 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)
Willdan Engineering
Professional Services Agreement
July 1, 2015 — June 30, 2018
Page 10
CITY OF ROSEMEAD
/I ; IA1.y
City Ilr
Mana
Attest:
Carol Gov
City Clerk
Approved as to form:
By.,77 g- L ,-�
ames . Guerra
Direct r of Building & Safety
City Attorney
EXHIBIT A
SCOPE OF SERVICES
General
Consultant shall provide building and safety services as requested by the City. Such
services shall include enforcement of the City's building laws and codes. Such
enforcement shall include the duties set forth in the ordinance of the City for the Building
Official and, in the performance of such work, the officials, plan reviewers and building
inspectors of Consultant shall have the powers, duties and discretion of Building Official
of the City. Under the California Building Code (CBC) Section 104 as amended by Los
Angeles County Title 26 and adopted by the City, the Building Official is directed to
perform certain tasks as described in the CBC. When acting in accordance with Section
104, the Building Official is afforded certain protection from liability per section 104.2.6.
As City's authorized representative, Consultant shall be deemed to have the same right
to protection from liability to the maximum extent allowed by law. This section is not
intended and shall not operate to in any way increase City's liability or decrease its lawful
immunity from liability.
Building Official
Duties of the Building Official shall include but not be limited to the following:
• The Building Official is authorized to enforce all provisions of the City Building
Codes, Residential Codes, Plumbing Codes, Electrical Codes, Mechanical
Codes, Green Building Standards, and Building Energy Conservation, and to
make all inspections pursuant to the provisions of each code.
The Building Official shall have the power to render interpretations of these
codes and to adopt and enforce rules and supplemental regulations in order to
clarify the application of its provisions.
Plan Review
Consultant shall review plans prepared by or on behalf of an applicant for compliance
with the Building laws of the City and State. When satisfied that the plans comply the
applicable Building laws of the City and State, Consultant shall approve plans and forward
to City for issuance of permit.
Full -Time Dedicated Staff
The full -time dedicated staff shown below is the minimum number that must be assigned
to the City,
• Building Official
• Building Inspector
• Permit Technician
In addition, the Consultant will be required to provide additional staff, as needed, to meet
the demands of an increase in workload.
A -1
Counter Coveraqe
The Consultant will be required to provide counter coverage Monday — Thursday 7:00
a.m. to 6:00 p.m. In addition, over the counter plan check review services must be
provided at a minimum Monday — Thursday 7:00 a.m. to 10:00 a.m. and 5:00 p.m. to 6:00
p.m., and as requested from the public by appointment.
Plan Check Services
All plan checks will be performed by the Consultant. The Consultant is expected to work
closely with the Planner and Engineer assigned to each project, including review of final
plan check as Building Official. The services must include plan review of construction
drawings to ensure compliance with building codes and related Municipal Code
requirements. Plan check services must include, but not be limited to, the disciplines of
Building, Residential, Plumbing, Electrical, Mechanical, Green Building Standards, and
Building Energy Conservation. Additionally, geotechnical, seismic, and any other
disciplines necessary for plan checks are to be included as part of the consultant's
percentage fee. The Building Official and Inspector(s) work in coordination with the
Planning and Engineering staff to ensure full compliance with all Federal, State, and local
codes.
California Building Laws
The City of Rosemead adopts the California Building Laws as amended by County of Los
Angeles. Once the State of California and County of Los Angeles have completed their
adoption process, the Consultant will be required to provide the necessary materials (i.e.
staff report, ordinances, resolutions, etc.) for the City to adopt the County Codes and will
be required to attend the City Council meeting(s) for said items.
Inspection Services
The Consultant will provide all inspection services for all construction, and construction
related activity Monday — Thursday 7:00 a.m. to 6:00 p.m. and on Fridays from 7:00 a.m.
to 12:00 p.m. Inspection services must be performed by ICC certified Building
Inspector(s). Inspection services will not be expected on the following days unless
otherwise requested by the City Manager or designee as noted under the section called
"Weekend /Holiday /After Work Hour Inspections ".
• New Year's Day
• Martin Luther King, Jr. Day
• President's Day, Memorial Day
• Independence Day
• Memorial Day
• Labor Day
• Veteran's Day
• Thanksgiving Day
• Christmas Day
Weekend /Holiday /After Work Hour Inspections
The Consultant will be required to provide occasional weekend, holiday, and after work
hour inspections as requested by the City Manager or designee.
A -2
No Fee /City Proiects
The Consultant will be required to process
additional cost to the City or the applicant.
and inspect no fee and City projects at no
Technology
Permits are input into the HDL system at the same time the permit is issued or plan check
fees are collected. The Consultant will be expected to know and use the HDL system as
well as updating the increase in fees in the system annually.
Transportation of Plans
The consultant will be required to provide daily transportation of all plans for projects that
exceed the capability of the onsite staff to properly provide plan check services in a timely
manner from and to City Hall.
Disaster Safety Assessment
The Consultant will be required to provide disaster safety assessment of all buildings in
the event of a disaster as requested by the City Manager or designee. In addition, the
Consultant will be required to provide emergency inspections, as needed, due to natural
or manmade disasters (i.e. fire, auto accident, etc.).
Reports
The Consultant will be required to produce:
• the Building Division Activity report and a summary of plan checks, permits, and
inspections to the City on a monthly basis;
• the Strong Motion Instrumentation Program (SMIP) report and the Green Fee
report and Cover Letter on a quarterly basis or as otherwise required by the State
of California; and
• the Congestion Management Program report to the City on an annual basis.
Invoice
The Consultant will be required to submit the monthly Building Division report and Permit
Activity report along with the monthly invoice based on the approved all- inclusive
percentage fee split. Charges in addition to the all- inclusive percentage fee will not be
accepted or approved by the City of Rosemead.
Other Services
The Consultant will be responsible for all correspondence related to activities of the
Building and Safety Division. In addition, The Consultant will be required to respond to
complaints, perform investigations, provide problem solving methods for unique or
challenging plan check or code interpretation issues, provide report writing and policy &
procedure recommendations, and attend City Council meetings as requested by the City
Manager or designee.
A -3
EXHIBIT B
COMPENSATION
Consultant shall be compensated for services listed in Exhibit "A" as follows:
Plan Checking
55% of City fees - this fee is based on the City's most current fee schedule.
This fee will include an initial check and all rechecks. Any subsequent rechecks
not based on new corrections added during either initial check or recheck will be
performed at Consultant's current hourly rates.
2. Building Inspection
60% of City fees - this fee is based on the City's most current fee schedule.
3. Other Services
Other services will be performed on a time and material basis at the Consultant's
current hourly rates or an agreed upon lump sum cost not to exceed basis.
4. Hourly Rate Schedule
The current hourly rates for the fiscal year 2015 -16 are included on page B -2.
These rates shall be reviewed and updated as necessary on an annual basis.
A
A
M
R
A
CITY OF
ROSEMEAD
SCHEDULE OF HOURLY RATES -Effective July 1, 2014 to June 30, 2015
... :ENGINEERING
Labor Compliance Specialist ........................
Technical Aide...-I.- . ...............................
$81.00
■
91.00
Drafter I1 ....................... ...............................
95
Senior Drafter ............. ...............................
105.00
GIS Analyst I ............... ...............................
110.00
GIS Analyst 11 ..... ...............................
124.00
GIS Analyst III ............. ...............................
140.00
Design Engineer I ........ ...............................
110.00
■
114.00
D esigner I ................... ...............................
110.00
D esigner 11 ....................................... - ,......
■
SCHEDULE OF HOURLY RATES -Effective July 1, 2014 to June 30, 2015
... :ENGINEERING
Labor Compliance Specialist ........................
Technical Aide...-I.- . ...............................
$81.00
Drafter ............................. ..........................
91.00
Drafter I1 ....................... ...............................
95
Senior Drafter ............. ...............................
105.00
GIS Analyst I ............... ...............................
110.00
GIS Analyst 11 ..... ...............................
124.00
GIS Analyst III ............. ...............................
140.00
Design Engineer I ........ ...............................
110.00
Design Engineer 11 ............. .........................
114.00
D esigner I ................... ...............................
110.00
D esigner 11 ....................................... - ,......
114.00
Senior Design Engineer I ...........................
120.00
Senior Design Engineer 11 ..........................
124.00
S enior Designer .......... ...............................
124.00
Associate Engineer ..... ...............................
129.00
Design Manager ......... ...............................
129.00
Senior Design Manager... ..........................
139.00
Senior Engineer .......... ...............................
139.00
S upervising Engineer .. ...............................
149.00
Program Manager., ..... .............................
167.00
Project Manager ........ ...............................
167.00
CityEngineer .............. ...............................
167.00
Principal Project Manager .........................
167.00
Deputy Director ......... ...............................
176.00
Director ............... ............................... _...181.00
Principal Engineer ...... ...............................
194.00
�:CgNSTRUCT /pNN1ANAGEMENT
Labor Compliance Specialist ........................
91.00
Labor Compliance Manager ......................114.00
Senior Landscape Architect .......................
Utility Coordinator. ...................................
120.00
Assistant Construction Manager...........
114.00
Construction Manager ..... .:.......................139.00
Code Enforcement Officer ..........................
Senior Construction Manager ...................
144.00
Project Manager ........ ...............................
167.00
D eputy Director .......... ...............................
176.00
Director ...................... ...............................
181.00
i.'INSPECTION SERVICES
Assistant Public Works Observer * *95.00/104.00
Public Works Observer ................ * *95.00/104.00
Senior Public Works observer ...................105.00
Supervising Public Works Observer........... 114.00
LANDSCAPE ARCHITECTURE
Assistant Landscape Architect ..................
195.00
Associate Landscape Architect ..................
170.00
Senior Landscape Architect .......................
120.00
Principal Landscape Architect.. .................
140.00
Principal Project Manager .........................
167.00
8uaDING AND SAFETY :;<
Survey Analyst I ............ ..................:............
Assistant Cade Enforcement Officer...........
67.00
Plans ExaminerAlde .......... ..........................72.00
Calc ulator 1 ................. ............................._.
Assistant Construction Permit Specialist.....
81.00
Construction Permit Specialist ....................
77.00
Code Enforcement Officer ..........................
77.00
Assistant Building Inspector ........ * *91.00/104.00
Senior Code Enforcement Officer ...............
91.00
Senior Construction Permit Specialist.........
95,00
Supervising Construction Permit Speclallst100,00
Building Inspector ..................... * *100.00/104.00
Supervisor Code Enforcement ..................
110.00
Senior Building Inspector.... I .....................
110.00
Pl ans Examiner ........... ...............................
110.00
Supervising Building Inspector ..................
120.00
Senior Plans Examiner ...............................
120.00
Inspector of Record .... ...............................
134.00
Deputy Building Official ............................
134.00
Plan Check Engineer.. .................. - ...........
134.00
Building Official .......... ...............................
140.00
Supervising Plan Check Engineer...........
140.00
Principal Project Manager .......................
167.00
Deputy Director ......... ...............................
176.00
Director ...................... ...............................
181.00
PLANNING
Community Development Technician......... 81.00
Planning Technician ..... 81.00
Assistant Planner ................................ ... - 100.00
Assistant Community Development Planner100.00
Associate Community Development Planner110.00
Associate Planner ....... ............................... 110.00
Senior Community Development Planner. 124.00
Senior Planner... ........................................ 124.00
Principal Community Development Planner140.00
Principal Planner ........ ............................... 140.00
D eputy Director ......... ............................... 176.00
Director ...................... ............................... 181.00
` yiAGkINGANDEXPERrSERvn:ES '
Survey Analyst I ............ ..................:............
95.00
Survey Analyst I1 ............... .........................
110.00
Calc ulator 1 ................. ............................._.
95.00
Calculator 11 ....... ...............................
105.00
Calculator III ......... ..............................
115.00
Senior Survey Analyst . ...............................
124.00
Supervisor - Survey & Mapping. ........
.... - 144.00
Principal Project Manager .........................
167.00
WILLDAN
Engineering
ADMINISTRATIVE
Computer Data Entry ... ............................... 62.00
Cl erical ............ ............................... ............ 62.00
Word Processing ......... ............................... 62.00
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 $116.00
City of Rosemead
B -2 Building and Safety Services
Page 121
EXHIBIT C
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:
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 than $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.
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.
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 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, sub -
Consultants or others involved in the Work. The scope of coverage provided is subject to
approval of City following receipt of proof of insurance as required herein. Limits are
subject to review but in no event less than $1,000,000 per occurrence.
C -1
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 $2,000,000 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 VIL
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
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.
2. 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.
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.
C -2
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 a 30 -day notice to City of
any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating thatfailure 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 anyway 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 self- insured retention, substitution of other coverage, or other
solutions.
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.
C -3
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
orterminated 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.
ME]
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.
C -5