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RFP No. 2022-06 - City Building Division Services to the Community Development Department CITY OF ROSEMEAD REQUEST FOR PROPOSAL NO. 2022-06 CITY BUILDING DIVISION SERVICES TO THE COMMUNITY DEVELOPMENT DEPARTMENT SUBMITTALS: Three (3) bound copies and one (1) electronic PDF file on a flash drive of the proposal in a sealed envelope(s) must be received by the City of Rosemead’s City Clerk’s Office by no later than Thursday, March 17, 2022, at 3:00 p.m. CONTACT PERSON: Ben Kim, Assistant City Manager/Community Development Director City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 (626) 569-2169 bkim@cityofrosemead.org PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE CONSIDERED. FACSIMILE AND E-MAIL PROPOSALS WILL NOT BE ACCEPTED. INQUIRIES: Direct questions for clarification to Ben Kim at (626) 569-2169 or bkim@cityofrosemead.org MODIFICATIONS: Any modification of this Request for Proposal will be provided to consultants who request notification of any modifications. ISSUANCE DATE: March 3, 2022 City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 2 INTRODUCTION Through this Request for Proposal (“RFP”) and evaluation process, the City of Rosemead is seeking qualified consultants interested in providing professional services associated with city building services. The respondent selected shall hold all applicable and current licenses and/or certifications for city building services and possess in-depth knowledge of all applicable codes and regulations (e.g., California Building Code). The proposals are due no later than March 17, 2022, by 3:00 p.m. BACKGROUND The City of Rosemead is a 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 in size. Rosemead is a community with a diverse population base. According to the 2020 Census, the City had a population of 51,185. The estimated makeup of the City was 14.4% White, 0.5% African American, 61.7% Asian, and 32.6% Hispanic/Latino (of any race). 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 Building Division serves under the direction of the Community Development Director. The Community Development Department combines the functions of Building & Safety, Economic Development, and Planning Divisions. The following is a table of Building Division activities for the 2021 calendar year. Plan check: - Valuation $65,236,731 - Plan check fee $1,166,599 Permits Issued: - Construction valuation $39,307,646 - Building 523 - Electrical 506 - Grading 28 - Mechanical 281 City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 3 - Plumbing 289 - Permit fee $1,411,028 Number of Inspections - Building 2,205 - Electrical 1,072 - Grading 101 - Mechanical 391 - Plumbing 716 - Misc. 366 - Total 4,851 - Daily average 18.6 Building Services is currently provided under a full-service contract at the following levels: • Certified Building Official (1) • Certified Building Inspector (1.5) • Permit Technicians (3) • Plan checker on premise (0.5) Service costs: • Building plan check services – 47% of net revenue • Permitting – 47% of net revenue OBJECTIVE It is the objective of this RFP to solicit proposals from qualified professional consultants to augment Rosemead’s Building Division services. This may include a full-service contract with staffing of a Certified Building Official (CBO), Certified Plan Checker, Permit Technician(s), and Certified Combination Building Inspector(s), as well as building plan check and permitting services, or any combination of. Alternatively, the City may elect a part service level contract which may include only plan check services, certain staffing levels, or any combination. The RFP process and proposals received will assist the City in determining the final service required. The length of the professional service agreement and the level of service shall be at the sole and absolute discretion of the City. SCOPE OF SERVICES The Consultant is requested to provide Building and Safety services as requested by the City as required for enforcement of the State and City’s building laws and codes. In the performance of such work, the official(s), plan reviewers, and building inspectors of the Consultant would have the powers, duties, and discretion of the City’s Building Department under the direction of the City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 4 Community Development Department Director. The following includes, but is not limited to, the scope of services: Full-Time Dedicated City Hall Staff 1. Certified Building Official 2. Certified Combination Building Inspector 3. Permit Technician(s) In addition, the Consultant will be required to provide additional staff, as needed, to meet the demands of an increase workload. The Certified Building Official will be required to attend City Council and/or Commission meeting(s) on an as-needed basis. Part-Time Dedicated City Hall Staff 1. Over the Counter Plan checking Services – Minimum of 20 hours a week in City Hall. Monday through Thursday, five-hours each day (specific city hall hours would be determined as part of the contract). Plan Review/Plan check Services Consultant would provide inclusive plan and document review services to the City for compliance with the building laws of the City and State as part of the Rosemead Building Division permitting process. The services would include all disciplines required for building permit issuance, including but not limited to, Building, Plumbing, Electrical, Mechanical, Green Building, Energy Conservation, Geotechnical, and Seismic. When submittals are approved, the Consultant would approve the plans and documents, and forward them to the City for permit issuance. The Certified Building Official would oversee all plan review/plan check and shall ensure full compliance with all Federal, State, and local codes. Consultants would be required to provide daily transportation of all plans for outside plan checking services that exceed the capability of the onsite staff to properly provide plan check services in a timely manner from and to City Hall. Inspections Consultant would furnish Certified Combination Building Inspector(s) to perform all Building Division inspections. Inspection services would be provided Monday through Thursday between 7:00 a.m. and 6:00 p.m., and on Fridays from 7:00 a.m. and 12:00 p.m. Normal City Hall hours are Mondays to Thursdays between 7 a.m. and 6 p.m.; City Hall is closed on Fridays. The following holidays are excluded: City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 5 New Year’s Day Martin Luther King, Jr. Day President’s Day Cesar Chavez Day Memorial Day Juneteeth Independence Day Labor Day Veteran’s Day Thanksgiving Day Christmas Eve Christmas Day Consultants would be required to provide occasional weekend, holiday, and after-work hour inspections as requested by the City Manager or designee. City Hall Public Counter Coverage The Consultant would provide counter coverage Monday through Thursday between the hours of 7:00 a.m. and 6:00 p.m. In addition, over-the-counter plan check services would be provided at a minimum of Monday through Thursday, five hours each day. No Fee/City Projects Consultants would be required to process and inspect at no fee City projects. Disaster Safety Assessment Consultants would be required to provide disaster safety assessments of all buildings in the event of a disaster as requested by the City Manager or designee. In addition, the Consultant would be required to provide emergency inspections, as needed, due to natural or manmade disasters (e.g., fire, auto accident, etc.) during non-City Hall hours. Reports Consultant would be required to produce annual, monthly, and daily reports as needed for Building Division function, such as: • Building Division Activity report and summary of plan checks, permits, and inspections. • Strong Motion Instrument Program (SMIP) report, and the Green Fee report and Cover Letter quarterly or as otherwise required by the State. • Congestion Management Program report. Invoice Consultant would be required to submit monthly Building Division report and Permit Activity report along with monthly invoice based on the approved all-inclusive percentage fee split. Charges in addition to the all-inclusive percentage fee (full-service contract) will not be accepted or approved by the City. City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 6 Other Services The consultant would be responsible for all correspondence related to activities of the Building and Safety Division. In addition, the Consultant would respond to complaints, perform investigations, provide problem-solving methods for unique or challenging plan check or code interpretation issues, provide report writing and policy & procedure recommendations, and attend City Council and Commission meetings as requested by the City Manager or designee. COMPENSATION – Proposals shall include both options as listed below. Option No. 1 – Full-Service Contract: All compensation (comprehensive including staffing and materials) shall be based on a percentage of the monthly net revenues for the Building Plan check and Building Permit fees collected. The proposal shall include the following compensation schedules: 1. Plan check Services percentage fee schedule from net monthly revenue collected. Plan check Services shall include over-the-counter plan check services Monday through Thursday, five hours each day. 2. Building Inspection Services percentage fee schedule from net monthly revenue collected. Building Inspection Services shall include services provided by the Certified Building Official, Certified Combination Building Inspector, and Permit Technician. The “net revenue” consists of the base plan check and building permit fees as established by the most current Rosemead Comprehensive Schedule of Fees and Charges. The net revenue does not include added fees or charges, such as fines, penalties, and others where no added service is provided by the Consultant. For example, the net revenue does not include double fee fine for construction without a permit. Any plan check or permit refund issued by the City shall be accounted for in the net revenue calculation. In extraordinary cases where the City requests other services not included in the Agreement, the 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. Option No. 2 – Part Service Contract: Alternatively to a full-service contract (above), the City may elect a part service level contract which may include only plan check services, certain staffing levels, or any combination of. The proposal shall include an outline of the proposed compensation schedule based on a percentage of the monthly net revenues or hourly rate compensation schedule for classifications. City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 7 City of Rosemead reserves the right to award a Professional Service Agreement to one consultant to perform both the Plan check Services and Building Inspection Services (as described above) or retain separate consultants for each service. LENGTH OF CONTRACT The contract(s) for building services will be for a three (3) year time period with the option for up to two (2) one-year extensions at the sole and absolute discretion of the City. 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. City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 8 PROPOSAL CONTENT/FORMAT The consultant shall submit a comprehensive proposal, as follows: 1. Cover letter. 2. Name and address of consultant (please include the address of local office, if applicable). 3. The principal contact person that the consultant will assign to the Rosemead account. 4. A description of your understanding of the project. 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, the 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 the contact person’s name and phone number, to who the consultant currently provides municipal building services. 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. Both Option No. 1 and Option No. 2 as described prior in the “COMPENSATION” section. The consultant acknowledges that the 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 before 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. City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 9 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. The 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 the firm. 6. Consultant’s ability to execute the contract in a timely manner 7. References. 8. Costs 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 at 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 is signed by the proposer’s authorized City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 10 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. 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 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 City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 11 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 March 17, 2022, 3:00 p.m. City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 12 “ATTACHMENT A” CITY OF ROSEMEAD DRAFT PROFESSIONAL SERVICES AGREEMENT (To be Finalized) City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 13 DRAFT Attachment “A” CITY OF ROSEMEAD PROFESSIONAL SERVICES AGREEMENT NO. _________ BY AND BETWEEN CITY OF ROSEMEAD AND **CONSULTANT’S NAME** This agreement ("Agreement") is made as of date by and between the City of Rosemead, a municipal corporation ("City") and **consultant’s name** ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, the City desires to utilize the services of Consultant as an independent contractor to provide **enter scope** consulting services to the City as set forth in the attached Exhibit “A;” and WHEREAS, the Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education, certification, license, and expertise of its principals and employees. NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A.” B. Time of Performance. Consultant shall complete the specific services according to the schedule of performance which is also set forth in Exhibit "A.” City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 14 2. Term of Agreement. This Agreement shall commence on date (the "Commencement Date") and shall terminate effective date or unless terminated by either party or parties as set forth pursuant to the provisions of this Agreement and Exhibits. 3. Compensation. A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit "A". 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. B. Total payment to Consultant pursuant to this Agreement shall not exceed enter amount. Compensation shall be payable as set forth in the Compensation Schedule in the attached Exhibit "A". 4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit "B" are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both Parties intend the provisions of the other exhibit(s) to control. 5. Addresses. City: City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Consultant: name address 6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference. City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 15 Exhibit "A": Scope of Services, Time of Performance and Compensation Schedule. Exhibit "B": General Terms and Conditions. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below. CITY OF ROSEMEAD COMPANY NAME ("CITY") (“CONSULTANT”) _________________________ _____________________________ Principal Name City Manager Title Date:_____________________ Date:_________________________ ATTEST: APPROVED AS TO FORM: _________________________ ______________________________ Ericka Hernandez, City Clerk Rachel Richman, City Attorney City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 16 EXHIBIT "A" SCOPE OF SERVICES, TIME OF PERFORMANCE AND COMPENSATION SCHEDULE TBD City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 17 EXHIBIT "B" GENERAL TERMS AND CONDITIONS 1. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency the validity of a wholly independent contractor relationship between City and Consultant, then arising out of such audit and any appeals relating thereto. C. Consultant shall not be entitled to retirement, medical, dental or other benefits provided to employees of the City. D. In the event that Consultant, or its employee, agent, or subcontractor providing services under this Agreement, claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold the City harmless for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City. 2. Standard of Performance A. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or designee. The City Manager or designee may from time to time assign additional or different tasks or services to Consultant, provided such tasks are within the scope of services described in Exhibit “A.” However, no additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit “A,” or those so assigned in writing to Consultant by the City Manager or designee. B. The City Manager shall administer this Agreement and provide for immediate supervision of Consultant with respect to the services to be provided hereunder. City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 18 3. Indemnification. A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by the Consultant's negligent or willful acts. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City's sole negligence or willful acts or omissions. 4. Insurance. A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below: (i) Consultant shall procure and maintain at all times during the term of this Agreement, full coverage automobile insurance, of which a copy of such policy shall be delivered to City upon demand. Consultant shall provide general liability in the amount not less than One Million Dollars ($1,000,000.00). Moreover, Consultant shall procure and keep in force for the duration of this Agreement professional liability insurance in the minimum amount not less than One Million Dollars ($1,000,000.00) per occurrence to protect the Consultant from errors and omissions, to which Consultant will deliver to City a Certificate of Insurance evidencing such insurance coverage prior to City’s execution of this Agreement. Each of the policies shall be issued by an insurance company which is admitted to do business in the State of California, and name and list the City of Rosemead as an additional insured. Insurance policies shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without the City of Rosemead having been afforded ten (10) days written notice prior thereto by the carrier. The Consultant agrees it will not cancel or reduce said insurance coverage. The requirement as to the types of insurance to be maintain by the Consultant are not intended to, and shall not in any manner limit Consultant’s liabilities and obligation under this Agreement. (ii) Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $500,000 per accident for all covered losses. City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 19 B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability. C. All insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California with a Best’s rating of no less than A:VIII. D. All insurance policies shall provide that the insurance coverage shall not be non- renewed, canceled, reduced, or otherwise modified (except through the addition of additional insured’s to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "City Clerk," City of Rosemead, 8838 E. Valley Blvd., Rosemead CA 91770. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage. E. Consultant shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". F. The Consultant's insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. 5. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultants' covenant under this section shall survive the termination of this Agreement. City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 20 6. Ownership of Work Product. 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. 7. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant. Consultant's covenant under this section shall survive the termination of this Agreement. 8. Termination for Cause. A. Termination for Cause. Should Consultant fail to perform any of the obligations required of Consultant within the time and in the manner provided for under this Agreement within seven (7) days after receipt from City of a written notice of such default, or should Consultant violate any of the terms and conditions of the Agreement, City may terminate this Agreement with cause upon thirty (30) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City's obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, preserve the product of the services, and turn over to City the product of the services in accordance with written instruction of City. B. Termination for Convenience. City may, in its sole discretion, 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, (5) days’ before the effective date of such termination. Upon the effective date of termination, Consultant shall immediately cease performance of any and all Services under this Agreement. Consultant may not terminate this Agreement City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 21 except for cause. 9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services at any period under this Agreement. All Consultant’s employee performing services under this Agreement shall be approved by the City and substitution of Consultant’s employee shall be approved in advance by the City in writing at its sole discretion. 10. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 12. Compliance with Laws. Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 22 that in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of- state corporation or LLC, it must be qualified or registered to do business in the state of California pursuant to sections 2105 and 17451 of California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section. 13. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder. 14. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 15. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 16. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this section. 17. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 23 18. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 19. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. 20. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the appropriate officer of the City as set forth in the Rosemead Municipal Code and attested by the City Clerk. 21. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. City of Rosemead – City Building Division Services Request for Proposal No. 2022-06 24 ATTACHMENT “B” RESOLUTION NO. 2021-XX COMPREHENSIVE CITY SCHEDULE OF FEES AND CHARGES