RFP 2018-17 Professional Services - Public Works Inspection ServicesA-1
CITY OF ROSEMEAD
REQUEST FOR PROPOSAL NO. 2018-17
PUBLIC WORKS CONSTRUCTION INSPECTION SERVICES
TO THE PUBLIC WORKS DEPARTMENT
SUBMITTALS:
Three (3) bound copies and one (1) electronic PDF file on flash drive or CD of the proposal in
sealed envelope(s) must be received by the City of Rosemead’s City Clerk’s Office by:
no later than Wednesday, June 27th 2018 at 10:30 a.m.
TECHNICAL CONTACT PERSON:
Rafael Fajardo, City Engineer
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
(626) 569-2151
rfajardo@cityofrosemead.org
PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE
CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED.
INQUIRIES: Direct questions for clarification on Request for Proposal
documents to Rafael Fajardo, City Engineer at (626) 569-2151
or rfajardo@cityofrosemead.org
MODIFICATIONS: Any modification of this Request for Proposal will be provided
to consultants who request notification of any modifications.
ISSUANCE DATE: June 11th, 2018
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INTRODUCTION/OBJECTIVE
Through this Request for Proposal (“RFP”) and evaluation process, the City of Rosemead is seeking
qualified consultant(s) interested in providing professional inspection services associated with
Public Works construction activities, on an as needed basis, in accordance with the specifications
and information provided herein. The services include, but is not limited to, citywide Capital
Improvement Projects (CIPs), Public Works permit issuance, and performing Public Works
inspections of both public and private construction projects.
The proposals are due no later than June 27th, 2018 by 10:30 a.m.
BACKGROUND
The City of Rosemead is an urban suburb located in the San Gabriel Valley, 10 miles east of
downtown Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel,
on the west by Monterey Park, Alhambra, and the unincorporated Los Angeles County
community of South San Gabriel, on the south by Montebello, plus by El Monte and South El
Monte on the east. The City is 5.5 square miles (2,344-acres) in size.
Rosemead is a working-class suburb with a diverse population base. According to the 2010
Census, the City had a population of 53,764. The estimated makeup of the City was 4.7% White,
0.3% African American, 60.3% Asian, 33% Hispanic/Latino (of any race), and 0.7% Non-Hispanic
Other. As a substantially built-out city, Rosemead only added 259 residents to its population
during the last decade (2000-2010).
THE ORGANIZATION
Rosemead operates under the Council/Manager form of government. The City Council is elected
at large to four years, overlapping terms. The Mayor is elected by a majority vote of the City
Council and rotates each year. The City Manager is appointed by, and serves at the pleasure of,
the City Council. The Public Works Department combines the functions of Engineering and Field
Services Divisions, and serves under direction of the Public Works Director.
SCOPE OF SERVICES
The Consultant is requested to provide on an as needed basis Public Works inspection services,
including but not limited to the following:
On as needed basis, Public Works Construction Inspector(s) with duties in accordance
with the City of Rosemead Public Works Department policies and procedures.
Inspection of Public Works improvement projects before, during and/or after
construction to insure conformance with Federal, State and City statues, regulations,
ordinances, guidelines, applicable standards, specifications, plans, laws, and accepted
standard construction practices. This includes, but is not limited to inspections, diaries,
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records, reports and documentation, the presentation, both oral and in writing, of such
inspections, observations, reports and documents to the City as required.
Keeping of proper inspection records and reports, photographs and videos, including but
not limited to, all load tickets, weight tickets, certifications of compliance, submittals,
shop drawings, materials reports, daily reports and other related documents received.
On daily basis, deliver documents to the City when generated, prepared or received.
Provide to the City staffing that is fully qualified to perform the services required,
including Certification(s) for Public Works Inspector and Stormwater Pollution are
desirable.
Attend any meetings that the City deems necessary.
COMPENSATION/LENGTH OF CONTRACT
The City of Rosemead intends to award an Agreement on a not to exceed amount based on an
hourly rate. The term of the contract is anticipated to be three (3) years with an option to renew
for two (2) additional years at the sole and absolute discretion of the City. The hourly rate shall
remain fixed for the term of the initial three (3) year period, and all option period(s).
On extraordinary case where the City requests other services not included in the Agreement,
Consultant shall obtain prior approval from the City Manager or designee for services to be
performed. The City shall be in no obligation to provide compensation for work performed without
advance approval. The Consultant shall include the current hourly rates in the proposal.
CITY'S RESPONSIBILITY
Upon awarding of the contract, the City shall provide the selected consultant with any pertinent
ordinances and resolutions or any other information mutually agreed upon that will assist the
consultant with the completion of the contract requirements.
PROPOSAL CONTENT/FORMAT
The consultant shall submit a comprehensive proposal, as follows:
1. Cover letter.
2. Name and address of consultant (please include address of local office, if applicable).
3. The principle contact person that the consultant will assign to the Rosemead account.
4. A description of your understanding of the project.
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5. Experience and qualifications of the consultant and personnel assigned to the City, including
resumes, certification(s), and description of relevant similar projects. The City reserves the
right and sole discretion to reject any of the firm’s personnel. After the proposal deadline,
substitution of consultant’s personnel may only be made with the permission of the City.
6. A reference list of at least three (3) other public agencies, including contact person’s name
and phone number, who the consultant currently provides municipal building services to.
7. A list of any pending or previous litigation over the past five (5) years related to your
firm’s work, and the outcome of any closed claims or cases.
8. Compensation schedule.
The consultant acknowledges that submittal of a proposal constitutes acceptance of and a
willingness to comply with all of the terms, conditions and criteria contained within this RFP.
Proposals not in compliance with the terms and conditions contained herein may be cause for
rejection. The City reserves the right to interpret or change any provision of this RFP at any time
prior to the proposal submission due date. Such changes or interpretations will be in the form of an
addendum.
PROPOSAL EVALUATION AND CRITERIA
Proposals will be evaluated on the proposer’s ability to provide services that meet the requirements
set forth in this RFP. The City reserves the right to make such investigations as it deems necessary
to determine the ability of the proposer to provide services meeting a satisfactory level of
performance in accordance with the City’s requirements. The proposer shall furnish such
information and data for this purpose as the City may request, at no cost to the City. Interviews and
presentations by one, several, or all of the proposers submitting a proposal may be requested if
deemed necessary to fully understand and evaluate the proposer’s capabilities and qualifications.
The adequacy, depth, and clarity of the proposal will influence, to a considerable degree, its
evaluation. The final selection of the consultants will be based on the following criteria:
1. Understanding the scope of work.
2. Quality of proposal.
3. Ability of the consultant to provide the full range of requested services.
4. Demonstrated professional skills and credentials of staff to be assigned to this agreement.
5. Related experience of firm.
6. Consultant’s ability to execute the contract in a timely manner
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7. References.
8. Cost as compared to related service requirements (lowest cost will not be the sole determining
factor).
The award of a contract will be based on a combination of the aforementioned criteria and costs.
DISCRETION AND LIABILITY WAIVER
1. Proposers shall carefully read the information contained in this RFP and submit a complete
response to all requirements and questions as directed. Incomplete proposals may be
considered non-responsive and may be rejected in the City’s discretion.
2. All information, documentation, and other materials submitted in response to this solicitation
are considered non-confidential and/or non-proprietary and are subject to public disclosure
after the solicitation is completed.
3. Proposers shall prepare and develop proposals at their sole cost and expense.
4. The City makes no representations of any kind that an award of a contract will be made as a
result of this RFP, or subsequent RFP. The City reserves the right to accept or reject any or all
proposals, waive any formalities or minor technical inconsistencies, and/or delete any
item/requirements from this RFP when deemed to be in City’s best interest.
5. Failure to comply with all requirements contained in this RFP may result in the rejection of a
proposal.
6. A proposal may be modified or withdrawn in person at any time before the scheduled due
date, provided a receipt for the withdrawn proposal signed by the proposer’s authorized
representative. The City reserves the right to request proof of authorization to withdraw a
proposal.
7. The City may evaluate the proposals based on the anticipated completion of all or any portion
of the project. The City reserves the right to divide the project into multiple parts, to reject
any and all proposals and re-solicit for new proposals, or to reject any and all proposals and
temporarily or permanently abandon the project.
8. The City may, in the evaluation of proposals, request clarification from proposers regarding
their proposals, obtain additional material or literature, and pursue other avenues of
research as necessary to ensure that a thorough evaluation is conducted.
9. By submitting a proposal in response to this RFP, the consultant accepts the evaluation
process, acknowledges and accepts that determination will require subjective judgments by
the City, and waives all right to protest or seek any legal remedies whatsoever regarding any
aspect of this RFP.
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10. The City of Rosemead expects the highest level of ethical conduct from proposers, including
adherence to all applicable laws and local ordinances regarding ethical behavior.
11. If an agreement cannot be reached with the highest ranked proposer, City reserves the right to
terminate negotiations with that party and enter into negotiations with the next highest ranked
proposer.
12. Finalists in the selection process may be asked to attend an interview once the RFP process
is complete.
13. Acceptance of any proposal is contingent upon the proposer’s certification and agreement by
submittal of its offer, to comply and act in accordance with all provisions of the City’s
Municipal Code.
All proposals submitted shall be binding for 90 days from the date of submittal.
DRAFT AGREEMENT
Included with this RFP as “Attachment A” is a draft of the Professional Services Agreement that will
be utilized for this contract. Consultants are asked to review the draft agreement and note any
objections and/or corrections as part of their proposal submittal and to pay particular attention to
the insurance requirements specified in the agreement. It should be noted that this Agreement is
subject to change and revision pursuant to review by the City Attorney.
The proposal process, contract negotiations and execution, and subsequent actions will be
conducted by the City in accordance with applicable law. Consultants should carefully review
this document, which constitutes the formal RFP, to ensure a clear understanding of the City’s
needs and objectives and scope of work.
DIRECTIONS FOR SUBMITTAL OF PROPOSAL
Deadline: Proposals must be received by the City Clerk’s Office no later than June 27, 2018, 10:30
a.m.
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“ATTACHMENT A”
CITY OF ROSEMEAD
DRAFT PROFESSIONAL SERVICES AGREEMENT
(To be Finalized)
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ATTACHMENT A – DRAFT
CITY OF ROSEMEAD
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
CITY OF ROSEMEAD
AND
CONSULTANT’S NAME
1. PARTIES AND DATE.
This Agreement is made and entered into this _______ day of _______, 2018 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 consultant’s name (“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 Public Works
Inspection Services to public clients and is experienced and holds the required licenses
and certifications to perform the said services.
2.2 Project.
City desires to utilize the services of Consultant as an independent contractor to
provide Public Works Inspection Services to the City’s Public Works Department
(“Project”).
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 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
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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
to June 30, 2021 and may be extended for up to two (2) additional year(s) at the
sole discretion of 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.
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
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 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.
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3.2.5 City’s Representative. The City hereby designates the City
Manager, 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
Consultant’s Representative 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 and that such licenses, certifications 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
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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.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall maintain prior
to the beginning of and for the direction of this Agreement insurance coverage as
specified in 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 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.
3.3 Fees and Payments.
3.3.1 Compensation. Total payment to Consultant shall not exceed enter
not to exceed compensation amount and in accordance with Consultant’s proposal dated
enter date. Consultant’s Proposal is hereby incorporated and found in Exhibit “B.” 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. City agrees to compensate Consultant
for services under this Agreement in compliance with the schedule set forth in this
Agreement. Payment will be made only after submission of proper monthly invoices in the
form and manner specified by City. City shall endeavor to pay invoices bearing correct and
authorized charges within 30-days of the date they are received; however, Consultant
acknowledges and agrees that due to City warrant run procedures, the City cannot
guarantee that payment will occur within this time period. City shall not be responsible to
Consultant for any additional charges, interest or penalties due to a failure to pay within
such period.
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,
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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
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 thirty (30) days before the effective date of such termination.
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 seven (7) calendar days
of the request.
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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:
Consultant’s Name and Address
Attn:
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: City Clerk’s Office
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.
All reports, documents or other written material developed by Consultant in the
performance of this Agreement shall be and remain the property of City without restriction
or limitation upon its use or dissemination by City. Such material shall not be the subject of
a copyright application by Consultant.
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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 incident to any alleged acts, omissions or willful 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, 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.
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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.
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
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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 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]
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CITY OF ROSEMEAD CONSULTANT
By: By:
Gloria Molleda, City Manager
Name:
Attest:
Title:
Ericka Hernandez, City Clerk
Approved as to Form:
Rachel Richman, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
The Consultant is requested to provide on an as needed basis Public Works inspection services,
including but not limited to the following:
On as needed basis, Public Works Construction Inspector(s) with duties in accordance
with the City of Rosemead Public Works Department policies and procedures.
Inspection of Public Works improvement projects before, during and/or after
construction to insure conformance with Federal, State and City statues, regulations,
ordinances, guidelines, applicable standards, specifications, plans, laws, and accepted
standard construction practices. This includes, but is not limited to inspections, diaries,
records, reports and documentation, the presentation, both oral and in writing, of such
inspections, observations, reports and documents to the City as required.
Keeping of proper inspection records and reports, photographs and videos, including but
not limited to, all load tickets, weight tickets, certifications of compliance, submittals,
shop drawings, materials reports, daily reports and other related documents received.
On daily basis, deliver documents to the City when generated, prepared or received.
Provide to the City staffing that is fully qualified to perform the services required,
including Certification(s) for Public Works Inspector and Stormwater Pollution are
desirable.
Attend any meetings that the City deems necessary.
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EXHIBIT B
SCHEDULE OF SERVICES
RESPONSE TO REQUEST FOR PROPOSAL NO. 2018-XX
C-1
EXHIBIT C
COMPENSATION
CONSULTANT’S FEE SCHEDULE
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:
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.
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 VII.
City of Rosemead – Public Works Construction Inspection Services Request for Proposal No. 2018-XX
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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.
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.
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.
City of Rosemead – Public Works Construction Inspection Services Request for Proposal No. 2018-XX
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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 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.
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
City of Rosemead – Public Works Construction Inspection Services Request for Proposal No. 2018-XX
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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.
City of Rosemead – Public Works Construction Inspection Services Request for Proposal No. 2018-XX
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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.