CC - Item 4D - Professional Services Agreement Extension with RRM Design Group for the Freway Corridor Mixed-Use Overlay and CEQA Analysis/Report s @ A9 F
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ROSEMEAD CITY COUNCIL
410 1,hv Ge'e ' P'R' STAFF REPORT
/NCCRPORATED 1959
TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: GLORIA MOLLEDA, CITY MANAGER U
DATE: FEBRUARY 9, 2021
SUBJECT: PROFESSIONAL SERVICES AGREEMENT EXTENSION WITH RRM
DESIGN GROUP FOR THE FREEWAY CORRIDOR MIXED-USE
OVERLAY AND CEQA ANALYSIS/REPORT
SUMMARY
On December 10, 2019, the City Council authorized the City Manager to execute a Professional
Services Agreement with RRM Design Group for the Freeway Corridor Mixed-Use Overlay and
CEQA Analysis/Report project (Attachment A) in the amount of $160,000. The term of the
agreement was for a one-year period from the date of execution with a one-year extension. Since
the one-year extension was not included in the staff recommendation, the extension must be
approved by the City Council.
The City appropriated $160,000 from the unassigned General Fund Balance from the Fiscal Year
2019-20 Budget. The balance of the budget was carried over to Fiscal Year 2020-21 Budget. The
City has secured Senate Bill (SB) 2 Planning Grant in the amount of$160,000 as reimbursement.
All Consultant fees will continue to be compensated by the SB 2 Planning Grant funds.
STAFF RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to execute an amendment to
the Professional Services Agreement with RRM Design Group for a one-year extension.
DISCUSSION
RRM Design Group was retained to assist the Planning Division with preparing a Freeway
Corridor Mixed-Use Overlay for areas along the Interstate 10 (I-10)Freeway corridor on-and off-
ramps within the City limits(project area). The development of the Freeway Corridor Mixed-Use
Overlay Zone will streamline both the development approval process and California
Environmental Quality Act environmental review process by pre-entitling and analyzing
environmental factors in advance based on the estimated development potential within the
planning area. To date, RRM Design Group has met with the Commercial Task Force
Subcommittee, conducted a workshop with the City Council and Planning Commission, worked
AGENDA ITEM 4.D
City Council Meeting
February 9,2021
Page 2 of 2
with staff on the development of the Freeway Corridor Mixed-Use Overlay, and drafted the
Freeway Corridor Mixed Use Overlay Administrative Draft. Staff has provided comments on the
administrative draft and will schedule a meeting with the Commercial Task Force Subcommittee
in the next few weeks. Additionally, staff anticipates that the public hearings for the Freeway
Corridor Mixed-Use Overlay will be scheduled with the Planning Commission and City Council
in the next few months. The project will be completed prior to the expiration of the one-year
extension date of December 10, 2021.
FISCAL IMPACT—The appropriation of$160,000 from the unassigned General Fund Balance
was completed in Fiscal Year 2019-20 Budget and carried over to Fiscal Year 2020-2021 Budget.
The City will continue to be reimbursed for the project through the SB 2 Planning Grant.
STRATEGIC PLAN IMPACT—The proposed CEQA analysis is required as part of the Planning
entitlement process. Consideration of the proposed development project meets the Strategic Plan's
goal to pursue quality economic development.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Lily Va enzuela, Planning & Economic Development Manager
Submitted by:
< ' o
Angelic=l rausto-Lupo Director of Comm ity Development
Attachment A: Executed Professional Services Agreement
Attachment B: Amendment No. 1 to Professional Services Agreement
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CIVIC PRIDE
1111,7
'~CORP0RA.6O 1959
Attachment A
Executed Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
CONSULTING SERVICES FOR THE FREEWAY CORRIDOR
MIXED-USE OVERLAY ZONE AND CEQA ANALYSIS/REPORT
•
RRM DESIGN GROUP
1. PARTIES AND DATE.
This Agreement is made and entered into this this 10th Day of December, 2019
(Effective Date) 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 RRM Design Group a
corporation with its principal place of business at 32332 Camino Capistrano Suite 205,
San Juan Capistrano, California, 92675 ("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 professional land
use consulting 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 ongoing professional consulting
services for the Freeway Corridor Mixed-Use Overlay Zone and CEQA Analysis/Report
("Services") 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 theprofessional consulting
services for the Freeway Corridor Mixed-Use Overlay Zone and CEQA Analysis/Report
necessary for the Project, herein referred to a "Services". The Services are more
• particularly described in Exhibit A "Scope of Services" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with,
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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 for a one-year period from
the Effective Date shown above, with one one-year extension at the sole and absolute
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.
32.2 Schedule of Services: Consultant shall perform the Services
expeditiously, within the term of this Agreement. 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
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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.
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 Agreement. 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 Diane
Bathgate, or his/her designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his/her professional 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 represents 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 careprovided for herein.
3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of
and in compliance with applicable local state and federal laws, rules and regulations in
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•
•
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 indemnify and hold City, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any liability to the extent found to be
arising out of any failure to comply with such laws, rules or regulations.
3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for
the duration of this Agreement insurance coverage as specified in Exhibit B 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 Consultant
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 its
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 life saving equipment and procedures; (B)instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation: Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement and shall not
exceed One Hundred Sixty Thousand Dollars ($160,000) and in accordance with
consultant's proposal dated August 21, 2019. Consultant's proposal is hereby
incorporated and found in Exhibit A. Extra Work may be authorized in writing, as
described below, and 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,
•
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as appropriate, through the date of the statement. City shall, within 30 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work: At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work
without written authorization from City's Representative.
3.3.5 Prevailing Wages: Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require
the payment of prevailing wage rates and the performance of other requirements on
"public works" and "maintenance" 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 to the extent they are applicable to Consultant. 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.
3A 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.
•
•
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3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof,at least seven(7)days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have
been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents/Data and other information of any kind prepared by Consultant in connection
with the performance of Services under this Agreement.•Consultant shall be required to
provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services: In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
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:
RRM Design Group
32332 Camino Capistrano, Suite 205
San Juan Capistrano, CA 92675
Attn: Diane Bathgate, Principal in Charge
Tel: (949) 361-7950
CITY:
City of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
Attn: Lily Valenzuela, Planning & Economic Development Manager
Such notice shall be deemed made when personally delivered or when mailed,forty-eight
(48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and
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• 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.
The Documents & Data are intended for use solely with respect to the project for which
they were prepared. Any reuse or modification by City shall be at City's sole risk.
3.5.3.2 Confidentiality: All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be, held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used 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
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recover from the losing party reasonable attorney's fees and all costs of such action as
part of prevailing party's total damages as determined by court of competent jurisdiction
or as agreed upon by the parties in settlement.
3.5.6 Indemnity and Defense.
a. Indemnity and Defense
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless
Agency and any and all of its officials, employees and agents ("Indemnified Parties")from
and against any and all losses, liabilities, damages, costs and expenses, including legal
counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or
omission of Consultant, its officers, agents, employees or subconsultants(or any agency
or individual that Consultant shall bear the legal liability thereof) in the performance of
services under this agreement. Consultant's duty to indemnify and hold harmless Agency
shall not extend to the Agency's sole or active negligence.
b. Duty to Defend
In the event the Agency, its officers, employees, agents and/or volunteers are made a
party to any action, lawsuit, or other adversarial proceeding arising from the performance
of the services encompassed by this agreement, and upon demand by Agency,
Consultant shall defend the Agency at Consultant's cost or at Agency's option, to
reimburse Agency for its costs of defense, including reasonable attorney's fees and costs
incurred in the defense of such matters to the extent the matters arise from, relate to or
are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is
not a condition precedent to enforcement of this provision. In the event of any dispute
between Consultant and Agency, as to whether liability arises from the sole or active
negligence of the Agency or its officers, employees, or agents, Consultant will be
obligated to pay for Agency's defense until such time as a final judgment has been
entered adjudicating the Agency as solely or actively negligent. In no event shall the cost
to defend charged to the design professional exceed the design professional's
proportionate percentage of fault.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.This Agreement may only be modified by a writing signed
by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of the 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.
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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 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
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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 RRM DESIGN GROUP
•141a-L.01\112191 1 ( L By: 4 ,111/Lei %V iIFIA'
loria Molleda, City Manager Dat
Name: _ ; t ;li l //,r •
- Attest:.t VI CZ Vite/C,06+
;, Title: I'
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,Ericka Hernandez, City Clerk Dat
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL.
OF CONTRACTOR REQUIRED]
Approved as to Form:
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Rachel Richman Da e c�
City Attorney Title: C3c T1 `��n ge-
rtb V FP-g(C)Sr
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EXHIBIT A
SCOPE OF SERVICES/ FEE SCHEDULE
TASK 1: INITIAL RECONNAISSANCE, PROJECT KICK-OFF, AND WORK REFINEMENT PROGRAM
Task 1.1 Project Kick-off Meeting and Site Visit
The consultant team will prepare for and conduct an initial kick-off meeting with City staff.This task will
include the following:
• Identification of key project contacts and information exchange
• Review of project objectives, scope of work, and project timeline
• Obtain client-supplied maps,documents,and related information
• Discussion of general problems, hot spots, study area boundaries,and issues to be focused on during
the project
• Identification of optimal working relationship, in terms of receipt and review of materials,turnaround
times,etc.
• Review of public outreach strategy and identification of potential stakeholder interviewees
• Discussion of document and product format, organization,and graphic quality presentation
• Tour of study area
The kickoff meeting will serve as a discovery process looking at the existing General Plan,Zoning Code and
Map, related Design Guidelines, City's Strategic Plan,and any other necessary information. In addition,the
discussion will inform any needed refinements to the project schedule, milestones,and tasks. RRM will
prepare an agenda and follow up with a refined scope of work and timeline,as needed. City staff will be
responsible for logistics for meeting and tour of the study area.
DELIVERABLES:
• Meeting agenda and list of data needs
• Meeting and study area tour attendance
TASK 2: EXISTING CONDITIONS, ISSUES, OPPORTUNITIES, AND CHALLENGES
Task 2.1 Review Background Information
The consultant team will gather and review data that is relevant to this project.The primary purpose of this
effort is to get up to speed on past and current planning efforts and harness the wealth of existing data that
can be used in the planning process.This task will include a review of City materials as well as information
from other affected agencies as available.Preliminarily resource documents and data include:
• Rosemead General Plan
• Rosemead Zoning Code and Zoning Map
• Garvey Avenue Master Plan
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• Rosemead Strategic Plan
• Final EIR for 2008 Rosemead General Plan Update and subsequent 2010 Addendum
• City GIS data
This initial phase of the planning process will involve data collection and analysis to:
• Identify State and federal laws to be addressed
• Identify any necessary General Plan Amendments and Zoning Code and Zoning Map Amendments
that need to be completed
• Summarize applicable regulatory frameworks
• Identify existing land use and circulation conditions
• Summarize local social and economic character of the study area
Based on the initial data collection effort,an analysis of existing conditions will be compiled.The analysis will
present a description of existing conditions and will analyze the information to identify potential issues,
opportunities,and challenges. RRM Engineering will support this task by conducting a review of available
infrastructure relying on available City documentation.
During this phase, in collaboration with City staff, RRM will provide three real-life examples of similar
projects. Each example will be analyzed for its effectiveness and applicability to the Freeway Corridor Mixed-
Use Overlay Zone project. Profile information such as project location,applicable zoning and regulations,and
development summary will be provided.
As part of this task, using City-provided data, RRM will prepare a project area base map in AutoCAD/GIS
format.The base map will be used throughout the project for various mapping and design exhibits.
DELIVERABLES:
• Background report describing existing conditions in the study area and identifying issues to be
addressed by the project
• Summary of similar successful projects
• Base map using City-supplied GIS data
Task 2.2 Meet with Staff
RRM will meet with City staff to review the background report and discuss important issues to be addressed
in the project. Review of the background report and discussion of important issuest will inform the
community engagement strategy and efforts under Task 2.3 Community Engagement.
DELIVERABLES:
• Meeting attendance and PowerPoint presentation
Task 2.3 Community Engagement
While this effort is numbered as Task 2.3, community engagement is envisioned to be conducted throughout
the project process at key points. RRM will further develop and refine the public engagement strategy in an
RRM Design Group
Page 14 of 26
effort to educate,inform,and seek input on the Mixed-Use Overlay Zone regulations. Community
engagement will focus on directly affected stakeholders, including property owners, businesses, interest
groups, civic decision-makers,and the community-at-large.This effort will be designed to be effective in
building a collaborative interest and obtaining consensus in the project given the potentially diverse group of
stakeholders that may have differing needs and expectations.
Preliminarily,the community engagement task includes a joint study session with the Planning Commission
and City Council with the broader community invited,as requested in the addended RFP. In addition,a day of
stakeholder interviews is proposed to be conducted to introduce the project and gain insights and gather
information relevant to shaping the new Mixed-Use Overlay Zone.We welcome further discussion to
augment the proposed scope and fee to include on-line engagement, community workshops, or other
community engagement strategies to best serve the effort and reflect City priorities.This task provides a
number of hours that can potentially be reallocated to support different types of engagement activities.
Over the course of the project,this task also includes the provision of materials for posting on the City's
website such as project scope and schedule,frequently asked questions,and completed products as they are
developed.To support additional meetings staff may wish to conduct with decision-makers or stakeholders,
briefing materials would be provided under this task.
DELIVERABLES:
• Prepare agenda and assist staff to facilitate one(I)joint study session
• Prepare for and facilitate one-day of back-to-back stakeholder interviews
• City staff will be responsible for meeting notification,facility, and logistics
TASK 3: FREEWAY CORRIDOR MIXED-USE OVERLAY ZONE PREPARATION
Task 3.1 Key Elements and Opportunity Sites
RRM's team of planners, urban designers,architects, landscape architects, and engineers will collaborate with
the City to generate realistic concepts that consider development, placemaking, and design opportunities and
constraints.The concepts will be the basis for the Freeway Corridor Overlay Zone and will likely include:
• Urban design framework such as building placement,form, height,and densities.
• Circulation and streetscape concepts and strategies
• Detailed document outline and contents
Opportunity sites will be analyzed in this task as well. Building on the existing conditions analysis, RRM will
identify underutilized or vacant sites whose location, size, or surrounding uses, provide the opportunity for
mixed-use development. For up to three(3) sites,the following will be provided:
• Individual maps illustrating area boundaries and parcel-specific land use designations
• A brief description of the site characteristics that make an area an opportunity site
• A conceptual site plan and elevation sketch describing a future vision for the site with preferred and
alternative uses
RRM Design Group
Page 15 of 26
A summary of key concepts and opportunity sites will be prepared in memorandum or PowerPoint form for
review and feedback by City staff.
DELIVERABLES:
• Summary of key concepts and opportunity sites to inform Administrative Draft
Task 3.2 Administrative Draft No. I
Based on the information collected during previous tasks,the Freeway Corridor Mixed-Use Overlay Zone
will be drafted.Any necessary General Plan,Zoning Code,and Zoning Map amendments will be prepared by
RRM as well. Preliminarily,the products for this task are envisioned to be organized as follows,to be further
tailored in collaboration with City staff.Overall,we envision a graphically rich, easy-to-use policy document
that will reflect the desires of the community and be truth-tested internally by our multi-discipline team of
planners,architects, urban designers, landscape architects,and civil engineers.
I. Goals, Implementation Measures, Planning Principles—Grant and project goals and supporting
measures or principles will describe the vision for the study area and desired outcomes.
2. Planning Process Description—This section will provide an overview of outreach results and the
overall planning process.
3. Opportunity Sites—This section will summarize the analysis of up to three(3) opportunity sites as
developed under Task 3.1.
4. Land Use Element—
• Land Use Plan—The location and boundaries of designated land uses will be depicted.This portion
of the document will also identify any General Plan or Zoning text and/or map changes and will be
accompanied by an explanatory narrative. Permitted and conditional uses will be identified with a
lens of streamlining development review where feasible.
• Development Standards—These development standards will supersede existing zoning standards
and will be written in a clear and concise fashion for ease of implementation with supporting
graphics where appropriate. Mixed-use zoning typically requires tailored standards addressing
topics such as:
o Location and compatibility of uses
o Building height and form
o Building massing and form
o Building relationship to the street
o Building design
o Site landscaping and outdoor space
o Services
5. infrastructure Element—This chapter will describe policies supporting planned uses relating to the
transportation and circulation system, streetscape and landscape concepts,and provision of utilities
and public services.
6. Implementation Element—This chapter will describe specific implementing actions, potential
funding/financing mechanisms,responsible parties,and phasing.Administration and non-conforming
uses and structures may also be addressed.
RRM Design Group
Page 16 of 26
DELIVERABLES:
• RRM will provide Administrative Draft No. I as described above
• We ask that the City provide one(I) consolidated, marked-up redline version with all City
comments
Task 3.3 Administrative Draft No.2
Following the completion of the Administrative Draft of the Mixed-Use Overlay Zone and receipt of the
single set of redlined comments from the City on the Administrative Draft, RRM will produce a second
Administrative Draft.At this point,all of the City's comments will have been integrated and this draft will
provide an additional internal review opportunity prior to the development of the Public Hearing Draft.
DELIVERABLES:
• RRM will provide Administrative Draft No.2 documents
• We ask that the City provide one(I) consolidated, marked-up redline version with all City
comments
Task 3.4 Public Review Draft
This draft is intended for public review and will include any remaining requested revisions and edits from City
staff.
DELIVERABLES:
• Public Review Draft Mixed-Use Overlay Zone Regulations and Map(electronic copy of the suitable
for distribution and posting on the City's website)
TASK 4: PREPARE CEQA DOCUMENTATION
Task 4.1 CEQA Documentation
As the proposed Freeway Corridor Mixed-Use Overlay Zone will be considered a project under the
California Environmental Quality Act(CEQA),appropriate CEQA documentation will be required.The
proposed approach leverages existing environmental documentation and resources with goals of streamlining
future actions and providing defensible CEQA compliance documentation. Morse Planning Group will be
responsible for the CEQA documentation task and works frequently and closely with RRM Design Group.
We envision an integrated CEQA compliance process to result in improved policy design and self-mitigating
strategies where possible.
The City certified a Final Environmental Impact Report(EIR)for the General Plan Update in October 2008.
The establishment of the Freeway Corridor Mixed-Use Overlay Zone will implement policy direction in the
General Plan,the environmental effects of which are anticipated to have been evaluated in the General Plan
EIR.Assumptions for the proposed CEQA approach include:
RRM Design Group
Page 17 of 26
• The CEQA document will tier off the Rosemead General Plan Update Final EIR dated October 2008 and
supplemental 2010 Addendum and utilize information relative to the site and applicable mitigation
measures.
• No technical analyses are included as part of this scope of work.
• City staff will be responsible for SB 18 and AB 52 Tribal Consultation.
Following preparation of the draft overlay zone regulations, Morse Planning Group will meet with the City
staff and the RRM team to confirm the environmental review strategy and timeline. Morse Planning Group
will review the draft regulations and the General Plan EIR and identify any inconsistencies or additional
analyses required. If no changes are necessary,the options include an EIR Addendum or a Negative
Declaration/Mitigated Negative Declaration.A memo confirming the environmental review strategy will be
provided to the City.The following task description includes details for both options.The fee scheduled
conservatively reflects the more labor-intensive Negative Declaration/Mitigated Negative Declaration. If an
Addendum approach is supported, project timeline and budget efficiencies may result.
If at any time the need for a Subsequent EIR is potentially triggered due to a significant impact that was not
discussed in the previous EIR or any other reason,the team will consult with City staff immediately. If a
Subsequent EIR is ultimately determined to be necessary,a revised scope and fee estimate may be required.
Option A: ElR Addendum
This option assumes preparation of an Addendum to the General Plan EIR and that the Freeway Corridor
Mixed-Use Overlay Zone and regulations will result in some changes or additions to the General Plan EIR,
but will not change buildout characteristics in a manner that results in new significant impacts or an increase
in the severity of a previously identified impact.The EIR Addendum will include:
• Introduction.This section will introduce the Freeway Corridor Mixed-Use Overlay Zone
Regulations and describe the level of CEQA review required.
• Project Description. Based on project description information provided by RRM, Morse Planning
Group will prepare an overview of the project and its relationship to the General Plan.
• Environmental Analysis. Morse Planning Group will evaluate each of the topic areas analyzed in the
General Plan EIR to determine whether the project could result in adverse impacts not previously
analyzed in the General Plan EIR.
Morse Planning Group will prepare an Administrative Draft EIR Addendum for City staff review(one round)
and revise the document.The EIR Addendum is not required to be circulated for public review but can be
included with public hearing documents when the regulations undergo review by decision-makers.The EIR
Addendum would be considered,along with the previous EIR, before decision-makers consider adopting the
regulations.
Morse Planning Group has assumed that City staff will be responsible for public noticing to comply with City
requirements, such as posting notices or newspaper notices. Morse Planning Group will prepare the Notice
of Determination for City staff review and signature. City staff will file the NOD with the County Clerk and
State Clearinghouse, if necessary.This task excludes the required California Department of Fish and Wildlife
(CDFW) consultation and fees.
RRM Design Group
Page 18 of 26
•
DELIVERABLES:
• Administrative Draft Addendum (one round of revisions)
• Notice of Determination
Option B: Initial Study/Mitigated Negative Declaration
Morse Planning Group will prepare an Initial Study in accordance with CEQA,the CEQA Guidelines,and the
City of Rosemead CEQA Guidelines.The Initial Study will include detailed explanations of all checklist
determinations, discussions of potential environmental impacts, and mitigation measures, if applicable.The
Initial Study analysis shall be in accordance with all applicable sections of CEQA and the CEQA Guidelines.
The environmental document will be presented with the following sections:Introduction, Project
Description, Initial Study Checklist, Environmental Analysis,and Initial Study Determination. Morse Planning
Group's approach to the analysis portion of the document is to provide thorough, detailed,and conclusive
impact analysis.The topics to be reviewed include:
• Aesthetics
• Agricultural and Forestry Resources
• Air Quality
• Biological Resources
• Cultural and Tribal Cultural Resources
• Energy
• Geology/oils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology/Water Quality:
• Land Use/Planning
• Mineral Resources
• Noise
• Population/Housing
• Public Services
• Recreation
• Transportation
• Utilities/Service Systems
• Wildfire
• Mandatory Findings of Significance
Morse Planning Group will submit the Administrative Draft Initial Study for review and comment by City
Staff. Morse Planning Group will also submit one"check copy" of the administrative draft document,which
will incorporate one complete set of comments received from City staff. Following receipt of comments and
incorporation of revisions, Morse Planning Group will submit the Public Review Draft Initial Study to City
staff for distribution for public review.
Morse Planning Group will prepare the Notice of Intent for City staff review and signature.This task assumes
that City staff will be responsible for transmitting notices and CDs to designated reviewing agencies and will
be responsible for public noticing to comply with City requirements, such as posting notices or newspaper
notices.
Following the IS/MND public review period, Morse Planning Group will respond to written comments
received on the Public Review Draft Initial Study during the public review period,and prepare thorough,
reasoned and sensitive responses to relevant environmental issues. Morse Planning Group will prepare the
Administrative Responses to Comments for review and comment by City Staff. Morse Planning Group will
submit one"check copy" of the final Responses to Comments document,which will incorporate one
complete set of comments received from City Staff on the Administrative Responses to Comments. For
budgeting purposes, up to eight hours has been assumed for Morse Planning Group to prepare the
Responses to Comments. Should the comments be excessive and require more than the budgeted time,this
task and associated costs would be revisited.
Morse Planning Group will prepare the mitigation monitoring and reporting program (MMRP) pursuant to
CEQA Section 21081.6. Morse Planning Group will submit a draft version for City staff review and will follow
with a final MMRP.
Following City Council approval of the CEQA document, Morse Planning Group will prepare a Final
environmental document,which will consist of the revised Public Review Draft Initial Study text,as necessary
to address the comments received during the public review period,and the MMRP.
CEQA Notices: Morse Planning Group will prepare the Notice of Determination for City staff review and
signature.City staff will file the NOD with the County Clerk and State Clearinghouse, if necessary.This task
excludes the required California Department of Fish and Wildlife(CDFVV) consultation and fees.
DELIVERABLES:
• I electronic file(PDF and Word) of Administrative Draft IS/MND
• 1 electronic file(PDF and Word) of"Check Copy"of DraftlS/MND
• 20 CDs with PDF Files of Draft IS/MND
• I electronic copy(PDF) of Draft IS/MND
• I electronic copy(Word) of Draft Mitigation Monitoring Program
• I electronic copy(Word) of Final Mitigation Monitoring Program
• I electronic copy(PDF) of Final IS/MND
TASK 5: FREEWAY CORRIDOR MIXED-USE OVERLAY ZONE ADOPTION
Task 5.1 Public Hearing Materials
• To support the public hearing process,the consultant team will prepare the necessary public hearing notices
using City-supplied templates.The consultant team will prepare initial drafts of staff reports, ordinances,and
resolutions for one(I) Planning Commission and one(I) City Council hearing.City staff will be responsible
for agendizing the items and finalizing agenda item materials as well as posting and mailing notices.
DELIVERABLES:
• Prepare public hearing materials as described above
Task 5.2 Public Hearing Attendance
RRM will prepare for and attend up to five(5) Planning Commission and City Council hearings to help City
staff present the Overlay Zone, General Plan Amendments, and Zoning Code Amendments. Morse Planning
Group will prepare for and attend up to (2) public hearings.
DELIVERABLES:
• Prepare for and attend up to five(5) public hearings
• Assist City staff in presenting the Specific Plan at City Council hearings including preparation of
PowerPoint presentation materials
Task 5.3 Final Documents
Following the action taken by the City Council, RRM will make the final edits and modifications to the
documents.It is assumed that one (I) set of revisions will be made,incorporating both the Planning
Commission recommendations and City Council action.Errata sheets may be used to discuss preferred
changes between the Planning Commission and City Council hearings.
DELIVERABLES:
• Make final edits and provide electronic file(s) of final documents
Task 5.4 Ongoing Project Management/Coordination
Throughout the project, RRM will need to coordinate with City staff,various departments, subconsultants,
and interest groups.This task is intended to allow for necessary coordination between the project team
members and City staff, including teleconferences, meetings,correspondence, record-keeping, electronic file
management,and additional necessary coordination.
DELIVERABLES:
• Ongoing project coordination and management as described above
• This assumes an average of two (2) hours per week for up to ten (10) months
•
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. EXHIBIT B •
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. Consultant shall maintain commercial
general liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property damage. The policy
must include contractual liability that has not been amended.Any endorsement restricting
standard ISO "insured contract" language will not be accepted.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less that$1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Consultant or Consultant's employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability coverage
for each such person.
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, subconsultants
• 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 Million per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must 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
Named Insured. 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.
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 (or
otherwise consistent with the insurer's endorsement). 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.
8. Certificate(s)are to reflect that the insurer will provide 30 days notice to City
of any cancellation of coverage. A ten (10) day notice to City shall apply to
nonpayment of premiums. 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 (except Professional Liability and Workers' Compensation)
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
requirement in no way imposes any additional obligations on City nor does
it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the
• • agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that
effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Consultant's insurance agent to this effect is
•
acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing
or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with
respect to City, its employees, officials and agents.
18. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue, and is not intended by any
party or insured to be limiting or all inclusive.
19. These insurance requirements are intended to be separate and distinct from
any other provision in this agreement and are intended by the parties here
to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by
this agreement.Any such provisions are to be deleted with reference to City.
It is not the intent of City to reimburse any third party for the cost of
complying with these requirements.There shall be no recourse against City
for payment of premiums or other amounts with respect thereto.
• Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
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Attachment B
Amendment No. 1 to
Professional Services Agreement
FIRST AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT
(RRM DESIGN GROUP)
This FIRST AMENDMENT ("Amendment") is made and entered into this
day of , 20 ("Effective Date"), 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 East Valley Blvd., Rosemead, California 91770
("City") and RRM Design Group with its principal place of business at 32332 Camino
Capistrano Suite 205, San Juan Capistrano, California, 92675 ("Consultant"). City and
Consultant are sometimes individually referred to herein as "Party" and collectively as
"Parties."
WHEREAS, City and Consultant entered into an agreement on December 10, 2019,
for the Freeway Corridor Mixed-Use Overlay Zone and CEQA Analysis/Report (the
"Agreement"); and
WHEREAS, this Agreement is set to expire on December 10, 2020; and
WHEREAS, the City and the Consultant may mutually agree to extend the term of
this Agreement for up to one year.
NOW, THEREFORE, the Parties agree as follows:
SECTION 1. Section 3.1.2 Term shall be amended to read:
3.1.2 Term. The term of this Agreement shall be extended for a one-year
extension at the sole and absolute 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.
SECTION 2. All other terms, condition, and provisions of the Original Agreement not in
conflict with this Addendum, shall remain in full force and effect.
SECTION 3. The City Clerk shall certify to the adoption of this Addendum and hereafter
the same shall be in full force and effect.
IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be
executed by their duly authorized representatives as of the day and year first above
written.
CITY OF ROSEMEAD RRM DESIGN GROUP
By:
Gloria Molleda, City Manager Date
Name:
Attest:
Title:
Ericka Hernandez, City Clerk Date
[If Corporation, TWO
SIGNATURES, President OR
Vice President AND Secretary,
AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
Approved as to Form:
By:
Name:
Rachel Richman Date
City Attorney Title:
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