RFP 2022-27 -Updates to the Zoning Code (Originally 2022-24)
CITY OF ROSEMEAD
REQUEST FOR PROPOSAL (RFP) NO. 2022-27
PROFESSIONAL CONSULTING SERVICES TO THE COMMUNITY DEVELOPMENT
DEPARTMENT FOR UPDATES TO THE ZONING CODE
SUBMITTAL OPTIONS:
Three (3) bound hardcopies of your proposal, one (1) unbound reproducible copy
of the proposal, and one electronic copy on a USB flash drive, in sealed
envelope(s) must be received by the City of Rosemead’s City Clerk’s Office by
no later than Monday, November 21, 2022 at 5:00 p.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 Monday, November 21, 2022 at 5:00 p.m.
PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT
BE CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED.
CONTACT PERSON: Direct questions for clarification on Request for Proposal
documents to Lily Valenzuela, Planning & Economic
Development Manager at (626) 569-2142 or
ltrinh@cityofrosemead.org
MODIFICATIONS: Any modification of this Request for Qualifications will
be provided to consultants who request notification of
any modifications.
ISSUANCE DATE: October 24, 2022
City of Rosemead – Updates to the Zoning Code Request for Proposal No. 2022-27
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A. OVERVIEW
This RFP was originally released on August 25, 2022 and closed on September 15, 2022, under
RFP No. 2022-24. The City of Rosemead is re-releasing the RFP to expand on the scope of work
details.
The City of Rosemead is seeking proposals from qualified land use planners, urban designers
and environmental professionals interested in providing consulting services for the preparation
of updates to the Zoning Code, General Plan, and Zoning Map.
On August 1, 2022, the State Department of Housing and Community Development (HCD)
approved and determined that the City of Rosemead’s Adopted 6th Cycle Housing Element is in
full compliance with State Housing Element law. As part of this project, the City will implement
the rezoning program to accommodate additional housing capacity and update the Zoning Code
to comply with State laws (includes, but is not limited to Density Bonus laws, ADU laws,
Transitional and Supportive Housing laws, AB 101, AB 139, and SB 35) and to carry out the
programs and objectives detailed in the Housing Plan of the City’s 6th Cycle Housing Element.
The City identified approximately ten parcels that may provide opportunity to accommodate
additional housing, if rezone efforts were undertaken. It was assumed that these parcels would
fall under the Residential/Commercial-Mixed-Use and Design Overlays (RC-MUDO) at 30
dwelling units per acre (du/ac). Please click here for a copy of the City of Rosemead’s 6th Cycle
Housing Element.
The project also includes, but is not limited to, updates to the: zoning definitions, existing
zoning districts, uses, and development standards within each, variable height, sign code, off-
street parking requirements, and adding the Residential/Commercial Mixed-Use Overlay to
additional commercial and industrial zones in the City. A copy of the City’s Zoning and General
Plan Land Use Maps can be found in Attachment “B”.
The Consultant will be responsible for the preparation and completion of project related Zoning
Code, General Plan, and Zoning Map amendments (noticing, staff reports, ordinances,
resolutions, presentations, etc.). In addition, the project will also include the preparation of all
applicable CEQA documents, including but not limited to Initial Studies, Negative
Declarations, Mitigated Negative Declarations, Environmental Impact Reports (including
Amendments or Addendums), and/or technical studies in support of these. Additionally, the
consultant(s) will be requested to present findings to the City Council, Planning Commission,
subcommittees, and/or community.
This project was budgeted for $100,000 within the City’s Community Development Department
Adopted Budget FY 2022-23.
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B. BACKGROUND ABOUT THE CITY
The City of Rosemead is located in the San Gabriel Valley in the eastern portion of Los Angeles
County and encompasses 5.2 square miles. Rosemead was incorporated as a City in 1959. The
City enjoys good access to major transportation corridors including San Bernardino Freeway
(Interstate 10), San Gabriel River Freeway (Interstate 605), Rosemead Boulevard - a California
State Highway (Route 19), Mission Drive, Temple City Boulevard, Valley Boulevard, and Walnut
Grove Avenue. Strong municipal services and specialized programs distinguish Rosemead as
one of the region’s leading communities in which to live and work.
C. ORGANIZATION
Rosemead operates under the Council/Manager form of government. The City Council is
elected at large to four year, overlapping terms. The Mayor is elected by a majority vote of the
City Council and rotates each year. The City Manager is appointed by the City Council. Ben Kim
currently serves as the City Manager.
The Planning Division serves under the direction of the Community Development Director. The
Community Development Department combines the functions of Planning, Building & Safety,
and Economic Development.
D. PROPOSAL SUBMITTAL FORMAT
Proposal shall be submitted in the format specified below:
• Cover Letter: Provide an executive summary of your proposal.
• Table of Contents: Provide contents of proposal with page number references for each
section listed below:
o Section 1. Approach, and Scope of Work: Provide your understanding of the
project, scope of work, schedule, and describe your approach in providing
services.
o 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 and list how long they’ve been with the firm.
o Section 3. Company Qualifications: Provide qualifications of your, emphasize
similar services provided, and local experience.
o Section 4. References: Provide three (3) Public Agency references for similar
projects.
o Section 5. Standard City Contract and Insurance Requirements: Proposers shall
City of Rosemead – Updates to the Zoning Code Request for Proposal No. 2022-27
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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.
o Section 6. Addenda Acknowledgement: If any Addenda is issued by the City, they
shall be acknowledged in this section.
o 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.
F. 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.
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G. PROPOSAL SUBMITTAL
Hardcopy or Electronic proposals will be accepted as follows:
• Hardcopy Proposal Submittals
Three (3) bound copies, one (1) unbound reproducible copy of the proposal, and one
electronic copy on a USB flash drive, in sealed envelope(s) that shall be clearly marked:
REQUEST FOR QUALIFICATIONS NO. 2022-27
ON-CALL ENVIRONMENTAL CONSULTING SERVICES
DO NOT OPEN WITH REGULAR MAIL
Proposals must be addressed to:
City of Rosemead - City Clerk’s Office
Attn: Ericka Hernandez, City Clerk
8838 E. Valley Boulevard
Rosemead, California 91770
• Electronic Proposal Submittals:
Electronic proposal 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 November 21, 2022, at 5:00 p.m. Late proposals will not
be accepted.
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.
H. 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.
I. 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.
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ATTACHMENTS:
A. Draft Professional Services Agreement
B. Zoning and General Plan Land Use Maps
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Attachment “A”
DRAFT PROFESSIONAL SERVICES AGREEMENT
NAME OF PROJECT
(CONSULTANT NAME)
1. PARTIES AND DATE.
This Agreement is made and entered into this INSERT DATE (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
CONSULTANT NAME with its principal place of business at 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 TYPE OF SERVICE 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 PROJECT SERVICE OR NAME (“Services”) as set
forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the
City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully
and adequately supply the TYPE OF SERVICE services necessary for the City, herein referred to a
“Services”. The Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement,
the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and
federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be for a two-year time period from
effective date with the option for one, one-year extension at the sole and absolute discretion of the City,
unless earlier terminated as provided herein. Consultant shall complete the Services within the term of
the Agreement, and shall meet any other established schedules and deadlines.
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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 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 will designate to act as its
representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s
Representative shall have full authority to represent and act on behalf of the Consultant for all purposes
under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using
his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences,
and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the
performance of Services and shall be available to City’s staff, consultants, and other staff at all
reasonable times.
3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of California.
Consultant represents and maintains that it is skilled in the professional calling necessary to perform the
Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and
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experience to perform the Services assigned to them. Finally, Consultant represents that 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 all local, state, and federal laws, rules and regulations in any manner affecting the
performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all
notices required by law. Consultant shall be liable for all violations of such laws and regulations in
connection with Services. If the Consultant performs any work knowing it to be contrary to such laws,
rules, and regulations and without giving written notice to the City, Consultant shall be solely responsible
for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws,
rules or regulations.
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 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 employees appropriate to the nature of the work and the conditions under
which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident
prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection
ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other
safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents
or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement and shall not exceed INSERT COST
AMOUNT per fiscal year. The City agrees to pay Consultant a fee of INSERT COST AMOUNT WRITTEN
($INSERT NUMBERICAL COST) a month. 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 Services rendered by Consultant. The statement shall
describe the amount of Services and supplies provided since the initial commencement date, or since the
start of the subsequent billing periods, as appropriate, through the date of the statement. City shall,
within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 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.
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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. 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.
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:
NAME
ADDRESS
Attn:
Tel:
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Director of Community Development
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Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party
at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a
non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of expression,
including but not limited to, physical drawings or data magnetically or otherwise recorded on computer
diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents
& Data”). Consultant shall require all subcontractors to agree in writing that City is granted a
non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to Documents &
Data which were prepared by design professionals other than Consultant or provided to Consultant by the
City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that
any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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.
3.5.6 Indemnification: To the fullest extent permitted by law, Consultant shall defend,
indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless
from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the Services, the
Project or this Agreement, including without limitation the payment of all consequential damages and
attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant’s own cost,
expense, and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that
may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its
directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal
proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or
volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or
in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to
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insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or
volunteers.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties
with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreements. This Agreement may only be modified by a writing signed by both parties.
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 workdays. All references to
Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as
otherwise specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification: No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual rights by custom,
estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries: There are no intended third-party beneficiaries of
any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in
full force and effect.
3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to
pay any company or person, other than a bona 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
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state law in the performance of the Services. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-
discrimination shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also
comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan
or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every employer to be
insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the
provisions of that Code, and agrees to comply with such provisions before commencing the performance
of the Services.
3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement and bind each respective Party.
3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work
required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this
Agreement.
[Signatures on next page]
City of Rosemead – Updates to the Zoning Code Request for Proposal No. 2022-27
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CITY OF ROSEMEAD CONSULTANT
_______________________ ________ By: _____________________
Ben Kim, City Manager Date
Name: __________________
Attest:
Title: ____________________
_______________________ ________
Ericka Hernandez, City Clerk Date
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL
OF CONTRACTOR REQUIRED]
Approved as to Form:
By: ____________________
______________________ ________ Name: __________________
Rachel Richman Date
City Attorney Title: ___________________
City of Rosemead – Updates to the Zoning Code Request for Proposal No. 2022-27
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EXHIBIT A
PROPOSAL FOR SERVICES/RATE SCHEDULE/RESUME
City of Rosemead – Updates to the Zoning Code Request for Proposal No. 2022-27
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EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in
conformance with the requirements set forth below. Contractor will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here, Contractor
agrees to amend, supplement or endorse the existing coverage to do so. Contractor 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.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance: Contractor shall maintain commercial general liability insurance
with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than
$1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property
damage. The policy must include contractual liability that has not been amended. Any endorsement
restricting standard ISO “insured contract” language will not be accepted.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto)
or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 combined
single limit per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-
owned auto endorsement to the general liability policy described above. If Contractor or Contractor
employees will use personal autos in any way on this project, Contractor shall provide evidence of
personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law
with employer’s liability limits no less than $1,000,000 per accident or disease.
Contractor 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.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide
coverage at least as broad as specified for the underlying coverages. Contractor shall obtain and
maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal
injury, and property damage liability coverage at least as broad as the primary coverages set forth above,
including commercial general liability, automobile liability, and employer’s liability. Such policy or policies
shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise
have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall “follow form” to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or excess policies.
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 Contractor and “Covered
Professional Services” as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy
must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend.
The policy retroactive date shall be on or before the effective date of this agreement.
Requirements not limiting: Requirements of specific coverage features or limits contained in this Section
are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. 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 all
City of Rosemead – Updates to the Zoning Code Request for Proposal No. 2022-27
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inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the
higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the Agency.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers
in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City
agree to the following with respect to insurance provided by Contractor:
1. Contractor 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. Contractor also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor,
or Contractor’s employees, or agents, from waiving the right of subrogation prior to a loss.
Contractor 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. Contractor 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 Contractor ‘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 Contractor or deducted from sums due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of
coverage. Contractor agrees to require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply
with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by Contractor 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.
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10. Contractor agrees to ensure that subcontractors, and any other party involved with the project
who is brought onto or involved in the project by Contractor, provide the same minimum
insurance coverage required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for review.
11. Contractor 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 Contractor’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 Contractor, 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 Contractor ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Contractor, 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. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to
inform Contractor 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. Contractor 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. Contractor shall provide proof that policies of insurance required herein expiring during the term
of this Agreement have been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Contractor’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
Contractor under this agreement. Contractor 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.
City of Rosemead – Updates to the Zoning Code Request for Proposal No. 2022-27
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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. Contractor 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 Contractor 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.
22. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor
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.
City of Rosemead – Updates to the Zoning Code Request for Proposal No. 2022-27
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Attachment “B”
City of Rosemead – Updates to the Zoning Code Request for Proposal No. 2022-27
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