RFP No. 2022-21 Update to Local Hazard Mitigation Plan
REQUEST FOR PROPOSAL NO. 2022-21
PROFESSIONAL CONSULTING SERVICES TO UPDATE THE LOCAL
HAZARD MITIGATION PLAN
SUBMITTALS:
Four (4) bound copies and one (1) electronic PDF file on a flash drive of the
Proposal in sealed envelope(s) must be received by
the City of Rosemead’s City Clerk’s Office by
no later than Wednesday, September 21, 2022, at 10:00 a.m.
or
Electronic proposal submittal through the City of Rosemead Vendor Portal
hosted by PlanetBids at:
https://pbsystem.planetbids.com/portal/54150/portal-home
Proposals submitted through PlanetBids Vendor Portal shall be submitted
no later than Wednesday, September 21, 2022, at 10:00 a.m.
CONTACT PERSON:
Mandy Wong, Public Safety Supervisor
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
(626) 569-2168
mwong@cityofrosemead.org
PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE
CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED.
INQUIRIES: Direct questions for clarification on Request for Proposal
documents to Mandy Wong, Public Safety Supervisor at
mwong@cityofrosemead.org or via phone at (626) 569-2168.
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
MODIFICATIONS: Any modification of this Request for Proposal will be
provided to vendors who request notification of any
modifications.
ISSUANCE DATE: September 1, 2022
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
CONTENTS
A. Introduction/Objective ........................................................................................... 4
B. Background ............................................................................................................. 4
C. Description of Project ............................................................................................. 4
D. Scope of Services .................................................................................................... 4
E. Time, Place, And Method for Proposal Submissions .............................................. 6
F. Proposal Submittal Format ..................................................................................... 7
G. Consultant Selection Schedule ............................................................................... 7
H. Selection Criteria ..................................................................................................... 8
I. Contract Period ....................................................................................................... 8
J. Standard City Contract and Insurance Requirements ............................................ 8
K. Discretion and Liability Waiver ............................................................................... 8
L. Public Records Act .................................................................................................. 9
M. Questions Regarding the RFP ................................................................................. 9
N. Attachments ............................................................................................................ 9
Attachment A: City Agreement and Insurance Requirements …..…………………….……...10
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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A. INTRODUCTION/OBJECTIVE
Through this Request for Proposal (“RFP”) and evaluation process, the City of Rosemead is accepting
qualified professional services to update a Local Hazard Mitigation Plan (LHMP) for the City. This
Request for Proposal (RFP) seeks to secure the most qualified Consultant to plan, create and prepare
the LHMP updates that identify potential risks to the City. This includes but is not limited to disease,
drought, earthquakes, floods, extreme weather events, erosion, and other natural disasters.
B. BACKGROUND
The City of Rosemead is organized under the City Council/City Manager form of government with five
departments and approximately 55 full-time employees. The City of Rosemead is a cost-conscious
provider of outstanding public services to its residents and local businesses, mostly relying on the
contract services model since its incorporation in 1959.
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 (2,344-acres) in size. Rosemead is a working-class suburb with a diverse population base.
According to the 2020 Census, the City has a population of 51,185.
C. DESCRIPTION OF PROJECT
A consultant is being sought to update an existing Local Hazard Mitigation Plan (LHMP) for the City
of Rosemead. The consultant will manage, coordinate, prepare and develop an LHMP plan that will
include any new FEMA published guidelines and FEMA Review Tool, and continue to develop
strategies to reduce any hazards and vulnerabilities in the community. This scope is intended to be
inclusive of the entire LHMP process from initial planning through final approval by the Federal
Emergency Management Agency (FEMA), and adoption by the City. The consultant shall perform all
necessary planning, administration, professional analysis, supporting documentation, research, and
work required for the preparation and adoption of the City of Rosemead LHMP. The final product
must comply with all FEMA, CAL OES, or other emergency management professional standards
currently published. It is anticipated that the contract period will start on or about November 2022.
D. SCOPE OF SERVICES
The scope of services to be provided by the selected consultant for this project includes but are not
limited to the following:
1. Planning and Organization
a. Preparation and organization of documents that thoroughly describe modes of
implementation, methodology, and project management strategies or techniques that the
Consultant intends to use working on the plan updates. Hold initial Kickoff Meeting with
Planning Team and Stakeholders. Prepare a Work Plan and General Schedule of meetings.
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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b. Coordination of public outreach workshops to ensure that Rosemead residents and
business owners can participate in the plan updates.
c. The planning phase should also incorporate refining the scope of services provided by the
City and creating a realistic schedule of necessary steps needed to complete the LHMP
updates.
2. Risk and Vulnerability Assessment
a. Identify assets and potential loss of assets within the Rosemead community.
b. Identify all possible man-made and natural hazards.
c. Describe geographic location including graphics using Geographic Information Systems
(GIS).
d. Create a hazard profile that includes an overall summary and the specific impact on the
community.
e. Research and review existing studies related to the hazards that may impact Rosemead
and how climate change impacts those or has created new hazards. Impacts from climate
change should focus on the localized hazards to the City of Rosemead rather than the
global impacts. Climate change can create more frequent hazards at higher intensities that
need to be addressed in this plan.
f. Document all findings and analyses including technical data and output relevant to the risk
assessment.
3. Hazard Mitigation Plan Strategy Maintenance Process
a. Identify goals of the mitigation plan updates that define what long-term outcomes the City
wants to achieve with the plan.
b. Identify mitigation actions and how each action will be implemented. This should include
who is responsible for various actions, funding mechanisms, timeframe for
implementation, and implementation priority. This section should also focus on
interpreting the status of mitigation strategies from the current Rosemead LHMP.
c. Prepare a matrix that summarizes mitigation actions.
4. Plan Draft – Adoption and Approval
a. Submit administrative draft of the LHMP updates to the LHMP Project Team with the City
of Rosemead for comment and review according to the schedule created in phase 1.
b. Collaborate and incorporate comments from the LHMP Project Team and prepare a Public
Review Drafts as deemed appropriate and circulate as appropriate for public review and
comment.
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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c. Prepare staff reports, exhibits, and presentations to any City Commissions and City
Council. Public Review comments shall be incorporated into an Appendix of the final
LHMP.
d. Work with City Staff on the final adoption procedures by the City of Rosemead City Council
and incorporate documentation of local adoption into the final updated LHMP.
e. Work with City Staff in securing final approval letter and plan review tool from FEMA and
any other applicable regulatory agencies. Under this task, the Consultant is responsible for
ensuring the plans and the planning process is completed to the satisfaction of, and in
accordance with the criteria established by FEMA. Should the Updated LHMP not receive
approval after CalOES and FEMA review, the Consultant is responsible for reviewing the
“required revision: comments provided by those agencies and perform all necessary
follow-up tasks to finalize the updated LHMP to the satisfaction of FEMA.
f. The consultant’s responsibilities will be fulfilled when the Mitigation Plan is approved by
CalOES and FEMA, and formally adopted by the City Council, and FEMA’s letter of approval
is inserted int to the Final Plan.
E. TIME, PLACE, AND METHOD FOR PROPOSAL SUBMISSION
Hard Copy or Electronic Submittal will be accepted as follows:
1. Hard Copy Submittals
• Four (4) sets of proposals and one (1) electronic PDF file on a flash drive, in sealed
envelope(s) that shall be clearly marked:
Request for Proposal No. 2022-21
Update to Local Hazard Mitigation Plan
Do Not Open with Regular Mail
ATTN: Ericka Hernandez, City Clerk
City of Rosemead | City Clerk’s Office
8858 E. Valley Blvd.
Rosemead, CA 91770
2. Electronic Proposal Submittals:
• Electronic proposals submittal through the City of Rosemead Vendor Portal hosted by
PlanetBids at: https://pbsystem.planetbids.com/portal/54150/portal-home
Proposal submittal due date is Wednesday, September 21, 2022, at 10:00 a.m. Late proposals will
not be considered.
Faxed or e-mailed proposals will not be accepted. Hand carried proposals will be accepted before the
response due date and time at the address above during normal business hours of 7:00 a.m. through
6:00 p.m., Monday through Thursday. City of Rosemead City Hall is closed on Fridays.
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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F. PROPOSAL SUBMITTAL FORMAT
Proposal shall be submitted in the format specified below:
1. Cover Letter: Provide an executive summary of your proposal.
2. Table of Contents: Provide contents of proposal with page number references for each
proposal section listed below.
a. Section 1. Approach, and Scope of Work: Provide your understanding of the project,
scope of work, schedule, and describe your approach in providing services.
b. Section 2. Project Team, Key Personnel and Resumes: Provide an organization chart
showing the names and responsibilities of key personnel and subconsultants. Provide
resumes of all key personnel identified in the organization chart.
c. Section 3. Company Qualifications: Provide qualifications of your, emphasize similar
services provided, and local experience.
d. Section 4. References: Provide five (5) Public Agency references for similar projects.
e. Section 5. Standard City Contract and Insurance Requirements: Proposers shall review
the attached Standard City Contract and Insurance Requirements and provide a
statement that they will comply with all aspects of the Agreement or provide any
comments that they would like the City to consider.
f. Section 6. Addenda Acknowledgement: If any Addenda is issued by the City, they shall
be acknowledged in this section.
g. Section 7. Cost Proposal: Consultant shall submit a not to exceed cost proposal listing
a detailed cost for each task and sub-task; including work classification, rate, and
estimated hours for each subtask of work. The general Scope of Services outlined herein
is only provided as a guide in this Request for Proposals. Consultants shall provide a
detailed Scope of Services in their submitted Technical Proposal as necessary to reflect
the method and procedure in which they intend to provide the required professional
services, consistent with the general Scope of Services.
Provide your firm’s current Hourly Fee Rates for staff classifications who may provide
the services.
G. CONSULTANT SELECTION SCHEDULE
RFP DEADLINE INFORMATION DEADLINES
Release of Request for Proposals 9/1/2022
Deadline to Submit Questions 9/12/2022 (by 5:00 pm)
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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Response to Questions 9/14/2022
Proposal Due Date 9/21/2022 (by 10:00 am)
Proposal Evaluation October/November 2022
Tentative City Council Award October/November 2022
Tentative Start Date November 2022
H. SELECTION CRITERIA
The City will evaluate the Proposals submitted, and select the most qualified consultant. In evaluating
the Proposals, the City may consider the following factors:
• Completeness of the RFP and compliance with the required format.
• Project understanding and approach to provide the requested services efficiently.
• Experience and qualifications of the project team members.
• Experience and qualifications of the firm.
• Experience in local area and project requirements and process.
• Experience in working as an extension of City staff and providing services in similar capacities
with minimal direction from City staff.
During the evaluation process, the City may also contact listed references (or request additional
references), and include the feedback received in the evaluation factors listed above as applicable.
I. CONTRACT PERIOD
The contract period will be for a period of up to one-year, or upon conclusion of a successfully adopted
LHMP.
J. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS
City's Standard Professional Services Agreement is provided in Attachment A. Please review and
provide any comments you have. City does not guarantee that any revisions to contract will be
accepted.
K. DISCRETION AND LIABILITY WAIVER
The City reserves the right to reject all proposals or to request and obtain, from one or more of the
consultants submitting proposals, supplementary information that may be necessary for City staff to
analyze the consultants’ proposals, pursuant to the selection criteria contained herein. The City is not
liable for the costs incurred by the consultants for the preparation of this proposal.
The City may require consultants to participate in additional rounds of more refined submittal before
the ultimate selection is made. These rounds could encompass revision of the submittal criteria in
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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response to the nature and scope in the initial proposals.
The Consultant, by submitting a response to this RFP, waives all rights to protest or seek any legal
remedies whatsoever regarding any aspect of this RFP. All proposals shall be binding for a period of
sixty (60) days after the delivery date and may be retained by the City for examination and comparison.
L. PUBLIC RECORDS ACT
Proposals may be subject to public disclosure under the California Public Records Act and other public
records laws, and by submitting a proposal, the proposer waives all rights to confidentiality of any
information submitted in the proposal and agrees to any and all such disclosures required or
permitted by law. Proposals become the property of the City when submitted and by submitting a
proposal, the proposer agrees that the City may use any information, documentation or writing
contained in the proposal for any the City purpose.
M. QUESTIONS REGARDING THE RFP
Please direct any questions or concerns regarding this RFP to Mandy Wong, Public Safety Supervisor
via email: MWong@cityofrosemead.org by September 12, 2022, by 5:00 pm. Answers to submitted
questions will be posted on the Cities' website and Planetbids on September 14, 2022.
N. ATTACHMENTS
Attachment A – City Agreement and Insurance Requirements
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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ATTACHMENT A –
PROFESSIONAL SERVICE AGREEMENT
[INSERT TYPE OF PROFESSIONAL SERVICE]
[INSERT COMPANY NAME]
1. PARTIES AND DATE.
This Agreement is made and entered into this 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 E. Valley
Blvd., Rosemead, California 91770 ("City") and [INSERT COMPANY] a [INSERT TYPE
OF ENTITY - CORPORATION, PARTNERSHIP, SOLE
PROPRIETORSHIP OR OTHER LEGAL ENTITY] with its principal place of business at
[INSERT ADDRESS] ("Consultant"). City and Consultant are sometimes individually
referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing [INSERT TYPE OF
SERVICE] 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 [INSERT
NAME OF PROJECT] ("Services") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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3.1.1 General Scope of Services: Consultant promises and agrees to furnish
to the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional [INSERT TYPE OF SERVICES]
services necessary for the Project, herein referred to a "Services". The Services are more
particularly described in Exhibit [INSERT EXHIBIT LETTER] attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be for a [INSERT WRITTEN
YEARS] [(INSERT YEAR IN NUMBER)] year period from the Effective Date shown above,
with [INSERT WRITTEN YEARS] [(INSERT YEARS)] 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.
3.2.2 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
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse
to perform the Services in a manner acceptable to the City, or who are determined by the
City to be uncooperative, incompetent, a threat to the adequate or timely completion of the
Project or a threat to the safety of persons or property, shall be promptly removed from the
Project by the Consultant at the request of the City.
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 [INSERT
NAME], 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 care provided 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 any
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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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 [INSERT WRITTEN AMOUNT] Dollars [(INSERT NUMERIC AMOUNT)] and in
accordance with consultant’s proposal dated [INSERT DATE]. 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, 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.
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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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.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection: Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and
any other documents created pursuant to this Agreement. Consultant shall allow inspection
of all work, data, documents, proceedings, and activities related to the Agreement for a period
of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause
by giving written notice to Consultant of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately
rendered to City, and Consultant shall be entitled to no further compensation. Consultant
may not terminate this Agreement except for cause.
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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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:
[INSERT COMPANY NAME]
[INSERT ADDRESS]
Attn: [INSERT PRIMARY CONTACT]
Tel: [INSERT PHONE NUMBER]
CITY:
City of Rosemead 8838
Valley Boulevard
Rosemead, CA 91770
Attn: [INSERT CITY CONTACT]
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
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
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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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 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.
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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.
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,
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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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 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
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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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]
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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CITY OF ROSEMEAD
_______________________ _______
Ben Kim, City Manager Date
Attest:
_______________________ _______
Ericka Hernandez, City Clerk Date
Approved as to Form:
_______________________ _______
Rachel Richman Date
City Attorney
[INSERT COMPANY NAME]
By:_________________________
Name:______________________
Title:_______________________
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
By:_________________________
Name:______________________
Title:_______________________
City of Rosemead – Update Local Hazard Mitigation Plan Request for Proposal No. 2022-21
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EXHIBIT A
SCOPE OF SERVICES/ RATE SCHEDULE
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EXIBIT 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:
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, and $2,000,000 completed operations aggregate. Any endorsement restricting
standard ISO “insured contract” language will not be accepted.
Business Auto Coverage. Consultant shall maintain automobile insurance at least as broad as Insurance
Services Office form CA 00 01 covering bodily injury and property damage for all activities of the
Consultant arising out of or in connection with Work to be performed under this Agreement, including
coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000
combined single limit for each accident.
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.
Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of Agency, its officers, agents, employees, and volunteers.
Technology Professional Liability or Errors and Omissions Insurance as appropriate shall be written on
a policy form coverage specifically designed to protect against acts, errors, or omissions of the
consultant and “Covered Professional Services” as designated in the policy must specifically include
work performed under this agreement. The policy limit shall be no less than $1,000,000 per
occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
A. Liability arising from the unauthorized release of information for which an entity has the legal
obligation to keep private, such as personally identifiable information (PII) and protected
health information (PHI).
B. Network security liability arising from the unauthorized use of, access to, or tampering with
computer systems, including hacker or denial of service attacks.
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C. Liability arising from the failure of technology products (software and hardware) required
under the contract for consultant to properly perform the intended services.
D. Claims alleging the failure of computer security that result in the transmission of malicious
code, deletion, destruction or alteration of data, or the denial of service.
E. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas,
domain name infringement or improper deep-linking or framing, and infringement or violation
of intellectual property rights.
F. Liability arising from the rendering, or failure to render, professional services.
G. Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws
or intellectual property rights.
H. Crisis management and other expert services.
If coverage is maintained on a claims-made basis, the Consultant shall maintain such coverage for an
additional three (3) years following termination of the contract.
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.
Cyber technology errors and omissions. Consultant shall procure and maintain insurance with limits of
$1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following
coverage:
a. Liability arising from the unauthorized release of information for which an entity has the legal
obligation to keep private, such as personally identifiable information (PII) and protected
health information (PHI).
b. Network security liability arising from the unauthorized use of, access to, or tampering with
computer systems, including hacker or denial of service attacks.
c. Liability arising from the failure of technology products (software and hardware) required
under the contract for Consultant to properly perform the intended services.
d. Claims alleging the failure of computer security that result in the transmission of malicious
code, deletion, destruction or alteration of data, or the denial of service.
e. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas,
domain name infringement or improper deep-linking or framing, and infringement or violation
of intellectual property rights.
f. Liability arising from the rendering, or failure to render, professional services.
g. Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws
or intellectual property rights.
h. Crisis management and other expert services.
If coverage is maintained on a claims-made basis, the Consultant shall maintain such coverage for an
additional three (3) years following termination of the contract.
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General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City
agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third-party general liability coverage required
herein to include as additional insureds City, its officials, employees, and agents, using standard
ISO endorsement No. CG 2010. 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. 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
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imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply
with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by Consultant or any subcontractor, is intended to apply first and on a primary,
noncontributing basis in relation to any other insurance or self-insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project
who is brought onto or involved in the project by Consultant, provide the same minimum insurance
coverage required of Consultant. Consultant agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any
portion of the insurance required herein and further agrees that it will not allow any contractor,
subcontractor, Architect, Engineer or other entity or person in any way involved in the
performance of work on the project contemplated by this agreement to self-insure its obligations
to City. If Consultant’s existing coverage includes a deductible or self-insured retention, the
deductible or self-insured retention must be declared to the City. At that time the City shall review
options with the Consultant, which may include reduction or elimination of the deductible or self-
insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Consultant ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any insurance 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
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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.