RFP No. 2023-09 - Crossing Guard ServicesCity of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
REQUEST FOR PROPOSAL NO. 2023-09
CROSSING GUARD SERVICES
SUBMITTALS:
Three (3) 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 Monday, May 1, 2023, 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 Monday, May 1, 2023, at 10:00 a.m.
CONTACT PERSON:
Jennifer Pineda, Management Analyst
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
(626) 569-2102
jpineda@cityofrosemead.org
PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE
CONSIDERED. FACSIMILE AND E-MAIL PROPOSALS WILL NOT BE ACCEPTED.
INQUIRIES: Direct questions for clarification on Request for Proposal
documents to Jennifer Pineda, Management Analyst at
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
jpineda@cityofrosemead.org or via phone at (626) 569-
2102.
MODIFICATIONS: Any modification of this Request for Proposal will be
provided to vendors who request notification of any
modifications.
ISSUANCE DATE: April 3, 2023
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
CONTENTS
A. Introduction ............................................................................................................ 4
B. Background ............................................................................................................. 4
C. Description of Program ........................................................................................... 4
D. Scope of Services .................................................................................................... 4
E. Time, Place, And Method for Proposal Submissions .............................................. 6
F. Proposed Term of Contract .................................................................................... 7
G. Deadlines ................................................................................................................ 7
H. Proposer Qualifications .......................................................................................... 7
I. Award of Contract ................................................................................................... 7
J. Right to Reject Proposals ........................................................................................ 8
K. Information to Be Submitted .................................................................................. 8
L. Understanding of Requirements ............................................................................ 9
M. Questions/Clarifications ....................................................................................... 10
N. Insurance ............................................................................................................... 10
O. Agreement for Services......................................................................................... 10
P. City’s Responsibilities………………….….…………………… .......................... …………………10
Q. Proposal Evaluation and Criteria………………………………………………...…………………….10
R. Discretion and Liability Waiver………………………………………………….…...………….……..11
Attachment A: Sample Professional Services Agreement……………………….…...………….13
Attachment B: Crossing Guard Locations…………………………………………………………..…….30
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
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A. INTRODUCTION
Through this Request for Proposal (“RFP”) and evaluation process, the City of Rosemead (“City”) is
accepting qualified contractors (“Contractors”) to provide proposals for Crossing Guard Services
and management. The number of crossing guards will be fixed by the City; however, the crossing
guard schedule will vary to reflect the school year and school day of both the Garvey and Rosemead
School Districts. The crossing guard locations are listed in ATTACHMENT “B”. The City reserves the
right to add additional locations as needed.
The City desires to contract with a qualified and established company that will provide quality
services throughout the school year. The proposer must work in conjunction with the City of
Rosemead and the Garvey and Rosemead School Districts.
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 PROGRAM
The City of Rosemead contracts for crossing guard services and management at fifteen (15) sites
(8 with the Garvey School District and 7 with the Rosemead School District). The sites are within
City limits and strategically positioned near schools within the Garvey and Rosemead School
Districts. These locations are listed in ATTACHMENT “B”. The City is currently evaluating the
potential of an additional four (4) sites with two (2) at Garvey School District and two (2) at
Rosemead School District. The City reserves the right to increase the number of sites, hours, and
locations as needed.
D. SCOPE OF SERVICES
The City of Rosemead is seeking qualified organizations and/or contractors to provide all services
related to planning, programming, operation, management, and follow-up of all Crossing Guard
Services. The successful Contractor shall agree to perform school crossing guard services for the
City of Rosemead within the City limits. The scope of work shall be as follows:
1. The CONTRACTOR will monitor, supervise, and assure the safety of all school children that
utilize intersections and crosswalks while moving to and from school zones.
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2. The CONTRACTOR will provide one qualified crossing guard for fifteen (15), with additional
four (4) pending, separate locations throughout the City, as shown in Attachment “B”, during
specified school hours for a projected 11,970 service hours. The estimated hours above are
calculated based on multiplying the following factors: annual number of hours per day,
annual school days, number of locations covered per day, and number of crossing guards per
day. However, the CONTRACTOR is required to staff the crossing guard positions whenever
the schools modify their schedules to accommodate the academic needs of their students.
3. The City retains the right to modify (increase or decrease) the hours and locations. New
locations may be added at the City’s request and the CONTRACTOR shall increase the service
hours accordingly. In addition, the City may remove crossing guard locations and/or reduce
crossing guard hours at a location within a 24-hour written notice.
4. The CONTRACTOR will provide all administrative duties associated with the Crossing Guard
Program in the City.
5. The CONTRACTOR will be required to provide for the supervision of all employees associated
with conducting the Crossing Guard Program; including the recruitment, hiring, discipline,
and termination of employees.
6. CONTRACTOR will provide all facilities, vehicles, and other associated equipment related to
conducting the Crossing Guard Program. Required equipment will, at a minimum, include
safety-reflectorized vests, stop signs, whistles, rain gear, and photo-identification badges.
7. CONTRACTOR shall provide all employees with equipment that complies with all applicable
laws and established safety standards.
8. The CONTRACTOR shall arrange for and provide all substitute employees, ensuring that all
designated locations are staffed during the required time periods. The CONTRACTOR shall
contact the City Manager’s Office and the Garvey and Rosemead School Districts if a position
cannot be filled by the CONTRACTOR.
9. The CONTRACTOR shall be responsible to coordinate with the affected schools and the
Garvey and Rosemead School Districts to ensure coverage is provided at designated locations
when school schedules are modified and/or changed for any reason that requires children to
arrive or depart at a time that is different than normal.
10. CONTRACTOR shall provide all of the required training for employees selected to be crossing
guards.
11. The CONTRACTOR shall certify that all employees selected to perform duties of a crossing
guard in the City have never been convicted of any felony, a crime of moral turpitude, or any
crime against children. In addition, the recruitment process shall incorporate a Pre-
Employment Screening Program that includes:
a. An employment reference check
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
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b. A criminal background check and a fingerprint check
c. A drug and alcohol screening test
d. Social Security verification
e. Only documented, authorized CONTRACTOR employees are eligible to work or
permitted on or in City facilities (Verification of the INS-9 forms must be provided
to the City upon request).
12. Any employee whose conduct is not satisfactory, as determined by the City shall be removed
from providing crossing guard services in the City.
13. The CONTRACTOR shall investigate all public complaints concerning crossing guard services.
In the event of a complaint, the CONTRACTOR shall immediately contact the City Manager’s
Office at (626) 569-2102 to advise the nature of the complaint and the course of
actions/remedy/resolution of said complaint. CONTRACTOR shall furnish a written report of
the incident to the City Manager’s Office within five (5) business days after the occurrence.
14. CONTRACTOR shall maintain detailed records and reports of the total number of hours of
service provided. These records shall list the number of hours worked at each location. These
records will be made available for inspection and audit by the City at any time.
15. CONTRACTOR shall keep records of performance measures established by the City and shall
provide a report each month on how actual performance measures stack up against target
performance measures.
16. Staff, mobilize, launch and commence Crossing Guard Services by August 23, 2023.
E. TIME, PLACE, AND METHOD FOR PROPOSAL SUBMISSION
The City must receive three (3) sets of proposals and one (1) electronic PDF file on a flash drive
from interested firms no later than 10:00 a.m. on Monday, May 1, 2023. Please submit proposals
in a sealed envelope(s) to:
Request for Proposal – Crossing Guard Services
ATTN: Ericka Hernandez, City Clerk
City of Rosemead | City Clerk’s Office
8838 E. Valley Blvd.
Rosemead, CA 91770
or
Electronic proposals 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, May 1, 2023, at 10:00 a.m.
Emailed, faxed, or late proposals will not be considered.
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
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F. PROPOSED TERM OF CONTRACT
The Crossing Guard Services must be ready to commence by August 23, 2023. The Agreement shall
be for a three-year (3) time period from the Effective date with the option for up to two (2) one-
year extensions at the sole and absolute discretion of the City.
G. DEADLINES
Below is the tentative RFP scheduled, subject to change:
RFP DEADLINE INFORMATION DEADLINES
RFP Available 4/3/2023
Deadline to Submit Questions 4/17/2023
Q & A Posted on City’s Website 4/24/2023
Deadline to Submit Proposal 5/1/2023
Agreement Presented to Council 5/23/2023 (Tentative)
H. PROPOSER QUALIFICATIONS
1. The City requires proposals submitted by primary Contractors only. The firm will have
complete and exclusive responsibility for satisfying all City conditions and requirements at all
times during the life of the agreement. Any subcontractors mentioned in the RFP and/or used
in the implementation of the Agreement will have no formal relationship with the City.
2. All proposed subcontractors must be identified by name with a description of the work they
will provide. Any subcontractors change proposed after the submittal date can only be made
with prior approval of the City.
3. Primary Contractor must be responsible for at least three-fourths of the annual value of the
proposed work, consistent with the scope of services as noted in the proposal.
4. Primary Contractor must have experience providing similar work in at least three similar
organizations.
I. AWARD OF CONTRACT
The City will evaluate the proposals and make their recommendation to City Council for approval.
Proposers may be asked to make oral presentations to supplement their proposals. Proposals
will be selected in accordance with the City’s purchasing policy. Proposals must be guaranteed
by the vendor for 60 days after the bid opening on 5/1/2023. It is anticipated that a standard
agreement will be signed subsequent to the City Council review and approval of the
recommended vendor.
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J. RIGHT TO REJECT PROPOSALS
The City reserves the right to reject any or all proposals or portions of any or all proposals. Non-
compliance with any of the conditions and instructions stated herein may result in the rejection
of the proposal.
K. INFORMATION TO BE SUBMITTED
Prospective contractors must submit three bound copies and one electronic copy of their
proposal. The electronic copy must be in searchable PDF format.
1. Proposal Summary:
This section shall discuss the highlights, key features, and distinguishing points of the proposal.
A separate sheet shall include all the contact people on the proposal and how to communicate
with them. Limit this section to a total of one to three pages, including the separate sheet
with contact personnel.
2. Profile of the Proposing Contractor:
This section shall include a brief description of the Contractor’s size as well as the proposed
local organizational structure. Specifically, the City is interested in the potential for a long-
term service relationship that would include financial stability. Include a discussion on the
Contractor's financial stability, capacity, and resources. Additionally, this section shall include
a listing of any relevant lawsuit and/or subcontractors’ litigation and the result of that action
resulting from (a) any public project undertaken by the Contractor or by its subcontractors
where litigation is still pending or has occurred within the last five years or (b) any type of
project where claims or settlements were paid by the Contractor or its insurers within the
last five years.
3. Qualifications:
This section shall include a brief description of the Contractor's and subcontractor's
qualifications and previous experience on similar or related projects. Provide a description of
pertinent project experience with other public municipalities (maximum of four) and private
sector (maximum of two) that includes a summary of the work performed, the total project
cost, the percentage of work the Contractor was responsible for, the period over which the
work was completed, and the name, title, and phone number of clients to be contacted for
references. Give a brief description of the Contractor’s history, years of experience, or other
relevant information.
4. Work Plan:
This section of the proposal shall establish the Proposer’s understanding of the City's
objectives and work requirements and the Proposer’s ability to satisfy those objectives and
requirements. Describe the proposed approach for addressing the required service, outlining
the approach that would be undertaken in providing the requested services. Include a
timetable for the transition to full operation. Describe related service experience by both the
Contractor and any subcontractors in similar work. Please describe the role, extent of services
(number of people used or saved, engagement duration, and agreement value).
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5. Staffing:
In this section, discuss how the Contractor would propose to staff the service described in the
Scope of Services.
a. Identify the person to be designated as the project manager and the person
designated as the field supervisor. Include a listing, with qualifications, of personnel
who have had experience in supervising school crossing guards, and other
employees who will be associated with the service. Also, provide resumes of the
key personnel involved with this service. For the project manager, include relevant
information regarding their recent management of three similar programs. The City
expects that the field supervisor will be available by telephone on all occasions for
discussion with City staff, to be locally available for meetings in person upon 24-
hour written notice. Proposed key personnel will be an important factor
considered. There can be no change of key personnel once the proposal is
submitted without prior approval from the City.
b. Submit a plan to ensure all positions are properly staffed during the times
designated by the City. The plan shall include any policies dealing with the staffing
of alternate crossing guards should an assigned crossing guard fail to report for
duty.
6. Training:
Provide a complete description of the Proposer’s crossing guard and safety training programs.
Include the type of training, materials used, testing, and the total of training hours required
prior to assigning a crossing guard to a school location. In addition, indicate the period of time
for re-testing and re-evaluation of your existing crossing guards. A copy of all training manuals
should be included in the proposal (if any).
7. Proposal Costs Sheet and Rates:
Include the proposed costs to provide the services desired. Include any other cost and price
information that would be contained in an agreement with the City, and extra after-hours
services or any other services that are considered optional additions. The materials and
services specified herein will be used by the City on an as-needed basis during the entire term
of the contract. The proposed prices must remain valid for the entire period indicated unless
otherwise conditioned by the proposer in the proposal exceptions.
8. Additional Proposal Content
• Pricing
• Services and Exceptions
• Copy of proposed vendor agreement
• References
L. UNDERSTANDING OF REQUIREMENTS
An authorized representative of the company must sign all proposals accepted by the City. The
submission of a signed proposal will be interpreted to mean that the company has thereby
agreed to all conditions, instructions, descriptions, and specifications contained herein. All
samples submitted by the company in support of its quote shall become the property of the City.
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M. QUESTIONS/CLARIFICATIONS
Please email any questions regarding this RFP to Jennifer Pineda, Management Analyst, with the
subject line “Crossing Guard Services” at jpineda@cityofrosemead.org. Questions must be received
by 12:00 p.m. on Monday, April 17, 2023. All questions received prior to the deadline will be
collected, and responses will be posted to the City's website and PlanetBids by Monday, April 24,
2023.
N. INSURANCE
The City will require the successful Proposer to provide Certificates of Insurance evidencing
required coverage types and the minimum limits. See EXHIBIT “B”: INSURANCE REQUIREMENTS
for more information on the City’s insurance requirements.
O. AGREEMENT FOR SERVICES
The City will require the successful Proposer to execute a Professional Services Agreement with
the City. The Proposer is to include a draft Professional Services Agreement with their proposal.
P. CITY'S RESPONSIBILITY
Upon awarding the contract, the City shall provide the selected Contractor with any pertinent
ordinances and resolutions, or any other information mutually agreed upon that will assist the
Contractor with completing the agreement requirements.
Payment Terms
The City’s payment terms are 30 days from the receipt of an original invoice referencing the City’s
Purchase Order number and acceptance of materials, supplies, equipment, or services.
Q. PROPOSAL EVALUATION AND CRITERIA
Proposals will be evaluated on the Proposer’s ability to provide services that meet the
requirements set forth in this RFP. The City reserves the right to make such investigations as it
deems necessary to determine the ability of the Proposer to provide services meeting a
satisfactory level of performance in accordance with the City’s requirements. The proposer shall
furnish such information and data for this purpose as the City may request, at no cost to the City.
Interviews and presentations by one, several, or all of the Proposers submitting a proposal may
be requested if deemed necessary to fully understand and evaluate the Proposer’s capabilities
and qualifications.
The adequacy, depth, and clarity of the proposal will influence, to a considerable degree, its
evaluation.
The final selection of the vendors will be based on the following criteria:
1. Ability to meet all of the City’s Crossing Guard Services requirements.
2. Understanding the scope of services.
3. Pricing.
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4. Quality of proposal.
5. The Proposer’s ability to provide the full range of requested services.
6. Demonstrated professional skills and credentials of staff to be assigned to this agreement.
7. Proposer’s ability to execute the agreement in a timely manner.
8. References.
9. Cost as compared to related service requirements (lowest cost will not be the sole
determining factor).
R. DISCRETION AND LIABILITY WAIVER
1. Proposers shall carefully read the information contained in this RFP and submit a complete
response to all requirements and questions as directed. Incomplete proposals may be
considered non-responsive and may be rejected at the City’s discretion.
2. All information, documentation, and other materials submitted in response to this solicitation
are considered non-confidential and/or non-proprietary and are subject to public disclosure
after the solicitation is completed.
3. Proposers shall prepare and develop proposals at their sole cost and expense.
4. The City makes no representations of any kind that an award of an agreement will be made
as a result of this RFP, or subsequent RFP. The City reserves the right to accept or reject any
or all proposals, waive any formalities or minor technical inconsistencies, and/or delete any
item/requirements from this RFP when deemed to be in City’s best interest.
5. Failure to comply with all requirements contained in this RFP may result in the rejection of a
proposal.
6. A proposal may be modified or withdrawn in person at any time before the scheduled due
date, provided a receipt for the withdrawn proposal is signed by the Proposer’s authorized
representative. The City reserves the right to request proof of authorization to withdraw a
proposal.
7. The City may evaluate the proposals based on the anticipated completion of all or any portion
of the project. The City reserves the right to divide the project into multiple parts, reject any
and all proposals, and re-solicit for new proposals, or reject any and all proposals and
temporarily or permanently abandon the project.
8. The City may, in the evaluation of proposals, request clarification from Proposers regarding
their proposals, obtain additional material or literature, and pursue other avenues of research
as necessary to ensure that a thorough evaluation is conducted.
9. By submitting a proposal in response to this RFP, the vendor accepts the evaluation process,
acknowledges and accepts that determination will require subjective judgments by the City,
and waives all right to protest or seek any legal remedies whatsoever regarding any aspect of
this RFP.
10. The City of Rosemead expects the highest level of ethical conduct from Proposers, including
adherence to all applicable laws and local ordinances regarding ethical behavior.
11. If an agreement cannot be reached with the highest-ranked Proposer, City reserves the right
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
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to terminate negotiations with that party and enter into negotiations with the next highest-
ranked Proposer.
12. Finalists in the selection process may be asked to attend an interview once the RFP process is
complete.
13. Acceptance of any proposal is contingent upon the Proposer’s certification and agreement by
submittal of its offer to comply and act in accordance with all provisions of the City’s
Municipal Code.
14. Any agreement entered into as a result of this Request for Proposal shall include the following
non-appropriation of funds language: “Non-Appropriation of Funds – Payment due and
payable to Vendor for current goods and/or services are within the current budget and within
an available, unexhausted and unencumbered appropriation of City. In the event the City has
not appropriated sufficient funds for payment of goods and/or services beyond the current
fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the
current fiscal year.”
All proposals submitted shall be binding for 60 days from the date of submittal.
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
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ATTACHMENT A
PROFESSIONAL SERVICE AGREEMENT
NAME OF PROJECT
(CONTRACTOR 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 CONTRACTOR 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
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
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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 INSERT TERM YEAR
year time period from Effective date with the option for up to two (2) one-year extensions 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 certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
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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 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 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
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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 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 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.
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
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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.
3.5.1.2 Effect of Termination: If this Agreement is terminated
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
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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 Valley Boulevard
Rosemead, CA 91770
Attn: City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty- eight
(48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and
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
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
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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 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.
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
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Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its directors,
officials officers, employees, agents or volunteers.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by a
writing signed by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence: Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants: City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns: This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions: Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for or
against any Party. Any term referencing time, days or period for performance shall be
deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or intent
of this Agreement.
3.5.14 Amendment; Modification: No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed
by both Parties.
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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 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
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
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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 – Crossing Guard Services Request for Proposal No. 2023-09
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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
CONTRACTOR
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 – Crossing Guard Services Request for Proposal No. 2023-09
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EXHIBIT A
PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
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EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use existing
coverage to comply with these requirements. If that existing coverage does not meet the
requirements set forth here, Consultant agrees to amend, supplement, or endorse the existing
coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth
in this section constitute the minimum amount of coverage required. Any insurance proceeds
available to City in excess of the limits and coverage required in this agreement and which is
applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
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
City of Rosemead – Crossing Guard Services Request for Proposal No. 2023-09
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delete any exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by Consultant or any subcontractor, is intended to apply first and on a primary,
noncontributing basis in relation to any other insurance or self-insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project
who is brought onto or involved in the project by Consultant, provide the same minimum
insurance coverage required of Consultant. Consultant agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be submitted to City
for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any
portion of the insurance required herein and further agrees that it will not allow any
contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in
the performance of work on the project contemplated by this agreement to self-insure its
obligations to City. If Consultant’s existing coverage includes a deductible or self-insured
retention, the deductible or self-insured retention must be declared to the City. At that time
the City shall review options with the Consultant, which may include reduction or elimination
of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts
and types of insurance required by giving the Consultant ninety (90) days advance written
notice of such change. If such change results in substantial additional cost to the Consultant,
the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have
been executed immediately upon any party hereto taking any steps that can be deemed to be
in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to
inform Consultant of non-compliance with any insurance 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.
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16. Consultant shall provide proof that policies of insurance required herein expiring during the
term of this Agreement have been renewed or replaced with other policies providing at least
the same coverage. Proof that such coverage has been ordered shall be submitted prior to
expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured endorsement as required in
these specifications applicable to the renewing or new coverage must be provided to City
within five days of the expiration of the coverages.
17. The provisions of any workers’ compensation or similar act will not limit the obligations of
Consultant under this agreement. Consultant expressly agrees not to use any statutory
immunity defenses under such laws with respect to City, its employees, officials, and agents.
18. Requirements of specific coverage features, or limits contained in this section are not intended
as limitations on coverage, limits, or other requirements nor as a waiver of any coverage
normally provided by any given policy. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other
provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement
to the extent that any other section or provision conflicts with or impairs the provisions of this
Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved
in any way with the project reserves the right to charge City or Consultant for the cost of
additional insurance coverage required by this agreement. Any such provisions are to be
deleted with reference to City. It is not the intent of City to reimburse any third party for the
cost of complying with these requirements. There shall be no recourse against City for
payment of premiums or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against Consultant
arising out of the work performed under this agreement. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims
if they are likely to involve City.
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ATTACHMENT B
CROSSING GUARD LOCATIONS
SCHOOL
DISTRICT
ELEMENTARY
SCHOOL
CROSSING GUARD
LOCATION
GUARDS
PER
LOCATION
TOTAL
HOURS
PER DAY
CONTRACT
HOURS
PER YEAR
1 Garvey School
District
Arlene Bitely
Elementary
Fern & Jackson – NW 1 3.5 180
2 Garvey School
District
Ralph Waldo
Emerson Elementary
Emerson & Prospect – NW 1 3.5 180
3 Garvey School
District
Ralph Waldo
Emerson Elementary
Emerson & Jackson – SW 1 3.5 180
4 Garvey School
District
Richard Garey
Intermediate
Garvey & Jackson – SE 1 3.5 180
5 Garvey School
District
Rice Elementary Angelus & Rush – NW 1 3.5 180
6 Garvey School
District
Rice Elementary Angelus & Graves – NW 1 3.5 180
7 Garvey School
District
Sanchez Elementary Fern & Willard – NW 1 3.5 180
8 Garvey School
District
Sanchez Elementary Fern & Walnut Grove – SW 1 3.5 180
9 Rosemead
School District
Encinita Elementary Encinita & Pitkin – SE 1 3.5 180
10 Rosemead
School District
Mildred B. Janson
Elementary
Marshall & Bartlett – SW 1 3.5 180
11 Rosemead
School District
Mildred B. Janson
Elementary
Marshall & Walnut Grove –
SW
1 3.5 180
12 Rosemead
School District
Muscatel Middle
School
Ivar & Newby – NE 1 3.5 180
13 Rosemead
School District
Savannah
Elementary
Rio Hondo & De Adelena –
SE
1 3.5 180
14 Rosemead
School District
Emma Shuey
Elementary
Walnut Grove & Wells –
SW
1 3.5 180
15 Rosemead
School District
Emma Shuey
Elementary
Wells & Earle – NE 1 3.5 180
16 Rosemead &
Garvey School
District
Pending Evaluation Pending Evaluation 4 3.5 180
Estimated Total Contract Hours Per Year
11,970