CC - Item 5D - Amendment to the Professional Services Agreement for Psomas - Updates to the Zoning CodeROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER 'W
DATE: JULY 23, 2024
SUBJECT: AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR PSOMAS—UPDATES TO THE ZONING CODE
SUMMARY
On February 28, 2023, the City Council authorized the City Manager to execute a Professional
Services Agreement with Psomas to analyze and update the City's existing General Plan, Zoning
Code, and corresponding Environmental Impact Reports (EIR) in order to be consistent with the
vision and goals of the 2021-2029 Housing Element, the California Environmental Quality Act
(CEQA), and California State law as of January 1, 2024. The Professional Services Agreement
was fully executed on March 21, 2023, in the amount of up to $232,374 (attached as Attachment
"A") and amended on February 24, 2024 to extend the term of the agreement for up to one year
(attached as Attachment "B"). On May 22, 2024, a Special Joint Workshop with the City Council
and Planning Commission was held to discuss the project status and to receive direction on the
expansion of the project and corresponding CEQA compliance. In response to the direction
received from the City Council and Planning Commission, an amendment to the Professional
Services Agreement with Psomas is required to extend the term of the agreement and to expand
the scope of work.
At the Special Joint Workshop with the City Council and Planning Commission, Psomas
provided the City Council and Planning Commission with an overview of the project based on
their research and analysis of the existing physical and regulatory status of the City's General
Plan, Zoning Code, and the Garvey Avenue Specific Plan (GASP) and meetings with the
Commercial Task Force Subcommittee and staff. During the presentation, Psomas provided a
few options for City consideration, to update the General Plan, Zoning Code, and the GASP to
be consistent with the vision and goals of the 2021-2029 Housing Element, CEQA, and
California State law as of January 1, 2024. The options ranged from moderate to comprehensive,
in terms of the degree of environmental review, expansion of the mixed-use overlay throughout
the City, number of units, timing, and cost. In addition, topics related to residential -only projects
in the Mixed -Use Overlay Zone, food truck regulations, condominiums, Small Lot Subdivisions,
and the Planned Development (P -D) Zone were also discussed.
AGENDA ITEM 5.1)
City Council Meering
July 23, 2024
Page 2 of 3
After hearing all testimony, the City Council and Planning Commission provided direction to
proceed with the most comprehensive option and to revise the Professional Services Agreement
with Psomas to include an expanded scope of work. As a result, Psomas has prepared an
Additional Services Request (ASR), which includes, but is not limited to, a comprehensive
expansion of Mixed -Use throughout the City, expansion of the Garvey Avenue Specific Plan,
Incentivized Mixed -Use Zoning District (GSP-MU) with the Garvey Avenue Specific Plan
(GASP), and various other topics outlined in Attachment "C". The ASR is organized into two
primary tasks: Task 1 Planning Services and Task 2 Environmetal Services — Subsequent EIR.
The two tasks will commence and run concurrently and the subsequent EIR in Task 2 will take
approximately 24 months to complete.
Since the workshop, staff has worked closely with Psomas on the expanded services and costs.
To reduce costs, staff will collaboratively work with Psomas on some of the additional tasks,
which includes revising standards for the P -D Zone, zoning and performance standards for food
trucks, and parcel -level land use and zoning consistency analysis. The additional services will
total $335,014. To date, the City has expended $124,625.74 for the services that Psomas
provided through the original agreement. The project, in its entirety, will now total
approximately $459,639.74.
STAFF RECOMMENDATION
It is recommended that the City Council approve Amendment No. 2 (attached as attachment
"D") to:
Section 3.1 — Scope of Services and Term. The terms of the agreement shall be for two (2) years
with a (1) one-year extension at the sole and absolute discretion of the City beginning on July 23,
2024. The amendments will be applied to Subsection 3.1.2.
Section 3.3 — Fees and Payments. The Professional Services Agreement between the City of
Rosemead and Psomas by increasing the not -to -exceed contract amount from $232,374 to
$459,639.74. The amendments will be applied to Subsections 3.3.1.
FISCAL IMPACT
The Community Development department has adequate funding in its fiscal year 2024-25 budget
to accommodate the increased cost and scope of services of the project.
ENVIRONMENTAL ANALYSIS
This agenda item does not constitute a project under the CEQA, and it can be seen with certainty
that it will have no impact on the environment. As such, this matter is exempt under CEQA.
City Council Meeting
July 23, 2024
Page 3 of 3
STRATEGIC PLAN IMPACT
The General Plan and Zoning Code Updates are consistent with Goals B, G, and H, which are
detailed below:
Goal B — Responsive, Inclusive City: Rosemead will continue to provide quality services
that are inclusive and responsive to meet the changing needs of our diverse community.
• Goal G — Activation and Economy: Rosemead will support active and vibrant business
corridors, create events to celebrate the City and its businesses, and cultivate destinations
through public art, activities, and promotion to continue to draw visitors to the City.
• Goal H — Land Use and Zoning: Rosemead will continue to create policies that encourage
new development, respond to the changing housing needs of residents, promote
activation along our major corridors, and support the local business community.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Annie Lao
Senior Planner
Lily Valenzuela, Director of Community Development
Attachment A: Fully Executed Professional Services Agreement
Attachment B: Amendment No. 1 to Professional Services Agreement
Attachment C: Additional Services Request
Attachment D: Amendment No. 2 to Professional Services Agreement
W7
Attachment A
Fully Executed Professional Services
Agreement
PROFESSIONAL SERVICES AGREEMENT
UPDATES TO THE ZONING CODE
PSOMAS
1. PARTIES AND DATE.
This Agreement is made and entered into this 2811 Day of February, 2023
(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 Psomas, a company with
its principal place of business at 555 South Flower, Suite 4300, Los Angeles, CA 90071
("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 planning and
environmental consulting services to public clients, is licensed in the State of California
and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such ongoing professional planning
and environmental consulting services for updates to the Zoning Code, which entails
implementing the rezoning program of the Housing Element to accommodate additional
housing capacity, complying with State laws, carrying out the programs and objectives
detailed in the Housing Plan of the Housing Element, and simultaneously, providing
updates to address outdated chapters/sections of the Zoning Code related to zoning
definitions, existing zoning districts, uses, and development standards within each,
variable height, sign code, off-street parking requirements, and adding the existing
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Residential/Commercial Mixed -Use Overlay to additional commercial and industrial
zones in the City ("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 necessary to fully and
adequately supply the professional planning and environmental consulting services
necessary for the Project, 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 one (1) year period
from the effective date shown above, with a one (1) year extension at the sole and
absolute discretion of the City, unless earlier terminated as provided herein. Consultant
shall complete the Services within the term of this Agreement and shall meet any other
established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
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
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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. As discussed below, any personnel who fail or
refuse to perform the Services in a manner acceptable to the City, or who are determined
by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project or a threat to the safety of persons or property, shall be promptly
removed from the Project by the Consultant at the request of the City.
3.2.5 City's Representative: The City hereby designates the City Manager,
or his or her designee, to act as its representative for the performance of this Agreement
("City's Representative"). City's Representative shall have the power to act on behalf of
the City for all purposes under this Agreement. Consultant shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative: Consultant hereby designates Rose
Fistrovic, or his/her designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his/her professional skill and attention, and shall be responsible for all means,
methods, techniques, sequences and procedures and for the satisfactory coordination of
all portions of the Services under this Agreement.
3.2.7 Coordination of Services: Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
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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 provide its 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 of it by law. Consultant shall
be liable for all violations of such laws and regulations in connection with Services. If the
Consultant performs any work knowing it to be contrary to such laws, rules and
regulations and without giving written notice to the City, Consultant shall be solely
responsible for all costs arising therefrom. Consultant shall indemnify and hold City, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any liability to the extent found to be
arising out of any failure to comply with such laws, rules or regulations.
3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for
the duration of this Agreement insurance coverage as specified in Exhibit B attached to
and part of this agreement.
3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of its
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and life saving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
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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 Two Hundred Thirty -Two Thousand, Three Hundred Seventy -Four Dollars
($232,374.00) and in accordance with consultant's proposal dated December 19, 2022.
Consultant's proposal is hereby incorporated and found in Exhibit "A". Extra Work may
be authorized in writing, as described below, and will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation: Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 30 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work: At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work
without written authorization from City's Representative.
3.3.5 Prevailing Wages: Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require
the payment of prevailing wage rates and the performance of other requirements on
"public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and
if the total compensation is $1,000 or more, Consultant agrees to fully comply with such
Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates
of per diem wages for each craft; classification or type of worker needed to execute the
Services available to interested parties upon request and shall post copies at the
Consultant's principal place of business and at the project site. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to comply
with the Prevailing Wage Laws.
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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 performed prior to termination 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, and after receipt of payment noted above, 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:
Psomas
555 South Flower, Suite 4300
Los Angeles, CA 90071
Psomas
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LOU"
Attn: Rose Fistrovic
Tel: (213) 223-1400
City of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
Attn: Lily Valenzuela, Planning & Economic Development Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property: This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited
to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement
("Documents & Data"). Consultant shall require all subcontractors to agree in writing that
City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared
by design professionals other than Consultant or provided to Consultant by the City.
The Documents & Data are intended for use solely with respect to the project for which
they were prepared. Any reuse or modification by City shall be at City's sole risk.
3.5.3.2 Confidentiality: All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
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otherwise known to Consultant or is generally known, or has become known, to the
related industry, nor anything required to be disclosed by operation of law, shall be
deemed confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the prior
written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate
with one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees: If either party commences an action against
the other party, either legal, administrative or otherwise, arising out of or in connection
with this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and all costs of such action as
part of prevailing party's total damages as determined by court of competent jurisdiction
or as agreed upon by the parties in settlement.
3.5.6 Indemnity and Defense.
a. Indemnity and Defense
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless
Agency and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all losses, liabilities, damages, costs and expenses, including legal
counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or
omission of Consultant, its officers, agents, employees or subconsultants (or any agency
or individual that Consultant shall bear the legal liability thereof) in the performance of
services underthis agreement. Consultant's duty to indemnify and hold harmless Agency
shall not extend to the Agency's sole or active negligence.
b. Duty to Defend
In the event the Agency, its officers, employees, agents and/or volunteers are made a
party to any action, lawsuit, or other adversarial proceeding arising from the performance
of the services encompassed by this agreement, and upon demand by Agency,
Consultant shall defend the Agency at Consultant's cost or at Agency's option, to
reimburse Agency for its costs of defense, including reasonable attorney's fees and costs
incurred in the defense of such matters to the extent the matters arise from, relate to or
are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is
not a condition precedent to enforcement of this provision. In the event of any dispute
between Consultant and Agency, as to whether liability arises from the sole or active
negligence of the Agency or its officers, employees, or agents, Consultant will be
obligated to pay for Agency's defense until such time as a final judgment has been
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entered adjudicating the Agency as solely or actively negligent. In no event shall the cost
to defend charged to the design professional exceed the design professional's
proportionate percentage of fault.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of the State
of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence: Time is of the essence for each and every provision of
this Agreement. However, neither Party will be liable or responsible for delays to the
extent due to matters beyond the reasonable control of such Party.
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.
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3.5.21 Authority to Enter Agreement: Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts: This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the
work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
[Signatures on next Page]
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CITY OF ROSEMEAD PSOMAS
3 Z, By. �' j=+fit t;�c�c�
Ben Ki y anager Dlate /
Name:,Eif271tY 7�rSX�'ZliZr
Attest:
Title: 1,117" 5416A?U/S'D/ I
3 hill
Ericka ernandez, City Clerk Date
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL
OF CONTRACTOR REQUIRED]
Approved as to Form:
By:�WOL:='
�� gill IZ3 Name: (./kAo W(L60.-,j
Rachel Richman Date S
City Attorney Title:
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COSTPROPOSAL
City of Rosemead Zoning Code Updates
cost with
cost with
Task
Une hem
Rate
Hours
Addendum
SEIR
Range•
Ta
Total
Tota)
Total
raal
1.0
Protea Kick-off/Coordination Meetings
$95-$250
21
$3,765.00
$3,765.00
2.0
EXating CondhWns and Base Map Creation
S95-$250
34
$5,890.00
55.890.00
3.0
Public Outreach Workshops
$95-5250
41
$7,115.00
$7,115.00
4.0
Development Standards and opportunity Analysis
S95-$250
BO
$13150.00
$13,150.00
S.Oa
Document Preparation - Primary zoning Code Updates
$95-$250
228
$39,150.00
539,150.00
"S.Ob
Document Preparation- secondary Code Updates
S95-5250
204
$34,500.00
$34,500.00
6.0
Public- hearings Is Code Refinement
S95-$250
84
$13,800.00
513,800.00
7.0
CEQA Protea Initiation and Project RevIew
S95 -S250
12
$2,362.00
52,362.00
8.0
Addendum to General Plan Update EIR
595-5250
75
512,605.00
5-
9.0
CEQA Project Management and Meetings (Addendum)
S95 -S250
27
55.187.00
5-
10
Initial Study and Notice or Preparation
$95-$250
0
$-
$16,252.00
11
Administrative Draft and Screencheck Draft SEIR
S95-5250
182
533,884.00
12
Draft SEIR and Public Review
S95-$250
37
$-
59.493.00
13
Penal SEIR
$95-S250
89
S-
576.821.00
14
CEQA Projea Management and Meetings (SEIR)
$95-S250
96
S-
$18,216.00
Subtotal with Addendum
S95-5250
806
$137,524.00
Subtotal with Supplemental EIR S95-$250 1914 $214,398.00
ORtinnol Tasks
A r Quality/GreenhouSe Gas Emissions Analysis
$95 -S250
46
S-
$10,368.00
Noise and Vibration Analysis
S95-$250
34
S-
$7.608.00
Total wkh Optima/ Tasks:
$137,524.00
S2J2,J74.00
•rhe Pange of, xpsreflects the pay ratas d a nu^brr of Psomas staff n Ned in each taSk fror Ad^:n &vat re s*aff :c .he Prrnc,pah in -Charge.
" This :ask is tme and mate+�als
Psomas
Page 14 of 19
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant will
use existing coverage to comply with these requirements. If that existing coverage does
not meet the requirements set forth here, Consultant agrees to amend, supplement or
endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property damage. The policy
must include contractual liability that has not been amended. Any endorsement restricting
standard ISO "insured contract" language will not be accepted.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non -owned auto endorsement to the general liability policy
described above. If Consultant or Consultant's employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability coverage
for each such person.
Workers Compensation on a state -approved policy form providing statutory
benefits as required by law with employer's liability limits no less than $1,000,000 per
accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-insured
retention for liability not covered by primary but covered by the umbrella. Coverage shall
be provided on a pay on behalf basis, with defense costs payable in addition to policy
limits. Policy shall contain a provision obligating insurer at the time insured's liability is
Psomas
Page 15 of 19
determined, not requiring actual payment by the insured first. There shall be no cross -
liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of Consultant, subconsultants
or others involved in the Work. The scope of coverage provided is subject to approval of
City following receipt of proof of insurance as required herein. Limits are subject to review
but in no event less than $1 Million per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must include work performed under this agreement. The policy limit shall be no
less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of
the insured and must include a provision establishing the insurer's duty to defend the
Named Insured. The policy retroactive date shall be on or before the effective date of this
agreement.
Acceptable insurers: All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of
insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the Agency's Risk Manager.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
Consultant agrees to have its insurer endorse the third -party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 (or
otherwise consistent with the insurer's endorsement). Consultant also
agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the
right of subrogation prior to a loss. Consultant agrees to waive subrogation
rights against City regardless of the applicability of any insurance proceeds,
and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement
Psomas
Page 16 of 19
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.
B. Certificate(s) are to reflect that the insurer will provide 30 days notice to City
of any cancellation of coverage. A ten (10) day notice to City shall apply to
nonpayment of premiums. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that
any party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance
coverage (except Professional Liability and Workers' Compensation)
required to be provided by Consultant or any subcontractor, is intended to
Psomas
Page 17 of 19
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 Consultants 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
Psomas
Page 18 of 19
pursuant to this agreement. This obligation applies whether or not the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that
effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Consultant's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing
or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with
respect to City, its employees, officials and agents.
18. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue, and is not intended by any
party or insured to be limiting or all inclusive.
19. These insurance requirements are intended to be separate and distinct from
any other provision in this agreement and are intended by the parties here
to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by
this agreement. Any such provisions are to be deleted with reference to City.
It is not the intent of City to reimburse any third parry 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.
Psomas
Page 19 of 19
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.
A`� d CERTIFICATE OF LIABILITY INSURANCE
IDD
DAT3/19/20N 024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Grayling Ins. Brokerage/EPIC
NAE" Sharon Brubaker
PNGNE.770.756.8599 FAX No: 770.756.6599
EyA,L
r ince re in .com
WISURERISI AFFORDING COVERAGE NAICe
3780 Mansell Road, Suite 370
Alpharetta GA 30022
INSURER A: National Union Fire Ins Cc of Pittsburg19445
L FrS
INSURED
INSURER 6: Travelers Property Casualty CO of Amer 25674
INSURERC:
Psomas
865 South Figueroa Street
Suite 3200
-
INSURER D i
INSURERS :
Los Angeles CA 90017
INSURER F
C_MS-MADE CI OCCUR
r`FDTIF!CALTF NIIIMRFR-DADZR AA0 KEVI,IVN NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ITR TYPE OF INSURANCE
I R '
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Rosemead
8838 E. Valley Boulevard
Rosemead CA 91770
POLK:YNUMBER
POLICY EFF
POMYExi
MMMO Yrf
L FrS
A X COMMERCIAL GENERAL LIABILITY
GL5268212
4/12024
4/12025
EACH OCCURRENCE $2,000.000
DAMAGE TO RENTED
PREMIE IEaxan ) S500.000
C_MS-MADE CI OCCUR
_
MED EXP (M one person) $ 25,000
PERSONAL B ADV INJURY S2,o00,000
GENL AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE $4,000,000
PRODUCTS-COMPIOPAGG $4,000,000
POLICY JECT F—] Loc
-'
S
OTHER.
A AUTOMOSILELIABILRY
CA4489706
4/12024
4/12025
COMBINEDSINGLELIMIT S2,000,000
Yn
BODILY INJURY (Per Person) S
X '.. ANY AUTO
BODILY INJURY (ParaaiMnq S
OWNED SCHEDULED
AUTOS OILY AUTOS
HIRED N )(S11ED
X
PROPERTY DAMAGE $
Par 1
X AUTOS ONLY AUTOS ONLY
S
B
X
UNSRELLAUAS
X
OCCUR
CUP7X223161
4/12024
4112025
EACH OCCURRENCE S2,000,000
AGGREGATE $2.000,000
EXCESS UAB
CLAIMSJAADE
DED 1 X I RETENTIONS in non
$
A
! WORKERSCO$IPENSATMRI
1AC01 S893764 (ADS)
4/12024
4/12025
X MERµ
STAE
A
AND EMPLOYERS' LIABILITY In
MOISS93765(CA)
4/12024
4/12025
E.L. EACH ACCIDENT S2,DDD,000
ANYPROPRIETORIPARTNER/EXECUTIVE
'E.L. DISEASE -EA EMPLOYE 52,000,000
OFFICEfUMEMBER EXCLUDEDi
(Man4stcry M NH)
NIA
!
E.L DISEASE -POLICY LIMIT f2,000,000
I yes. 4e 1*un0er
DESCRIPTION OF OPERATIONS Sabi
I
DESCRIPTION W OPERATIONS I LOCATIONS I VEHICLES IACCRDI101, Ai itlanel Remarks Stl I,W. maty M a cN K more space ie r it q
1 ROS240100: Updates to the Zoning Code I City of Rosemead.
City of Rosemead, Its officials, employees and agents are named as Additional Insureds on the above referenced liability policies With the exception of Workers
compensation & professional liability where required by written contract. Waiver of Subrogation in favor of Additional Insured(s) where required by written
& by written Contract. Should any of the above
conhad &allowed bylaw. The above referenced liability polities are primary non-contributory where required
described policies be Cancelled by the issuing insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for
nonpayment of premium) to the Certificate Holder. Umbrella Follows Form With respects to General, Automobile & Employers Liability Polities.
aro nco CANCFI I ATION
ill Tya6-LUl'.i A{iVKU IiURYVRM11UlY. NII IIIjI1LS ICSelveu.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Rosemead
8838 E. Valley Boulevard
Rosemead CA 91770
AUTHORNED REPRESENTATIVE
,-
I
ill Tya6-LUl'.i A{iVKU IiURYVRM11UlY. NII IIIjI1LS ICSelveu.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: GL5268212 COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Personlsl
Or Organization(s)
Location(s) Of Covered Operations
ANY PERSON OR ORGANIZATION WHOM YOU
PER THE CONTRACT OR AGREEMENT.
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Pagel of 2 13
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organizations) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury"
or "property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or
2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19
POLICY NUMBER: GL5268212 COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PR0DUCTSIC0MPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional insured Persons)
Or Organization(s)
Location And Description Of Completed Operations
ANY PERSON OR ORGANIZATION WHOM YOU
PER THE CONTRACT OR AGREEMENT.
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section 11 - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products -completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
B. With respect to the insurance afforded to
these additional insureds, the following is
added to Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
CG 20 37 12 19 *insurance Services Office, Inc., 2018 Page 1 of 1
Attachment B
Amendment No. 1 to
Professional Services Agreement
FIRST AMENDMENT
TO PROFESSIONAL SERVICE AGREEMENT
FOR ZONING CODE UPDATE
(PSOMAS)
This FIRST AMENDMENT ("Amendment") is made and entered into this 28th
day of February, 2024 ("Effective Date"), by and between the City of Rosemead, a
municipal organization, organized under the laws of the State of California with its
principal place of business at 8838 East Valley Blvd„ Rosemead, California 91770
("City") and PSOMAS with its principal place of business at 865 South Figueroa
Street, Suite 3200 Los Angeles, CA 90017 ("Consultant"). City and Consultant are
sometimes individually referred to herein as "Party" and collectively as "Parties."
WHEREAS, City and Consultant entered into an agreement on February 28,
2023, for Zoning Code Update (the "Agreement"); and
WHEREAS, this Agreement is set to expire on February 28, 2024; and
WHEREAS, the City and the Consultant may mutually agree to extend the term
of this Agreement for up to one (1) year.
NOW, THEREFORE, the Parties agree as follows:
SECTION 1. Section 3.1.2 "Term" reads:
3.1.2 Term. The term of this Agreement shall be for a one (1) year period from
the effective date shown above, with a one (1) year extension at the sole and absolute
discretion of the City, unless earlier terminated as provided herein. Consultant shall
complete the Services within the term of this Agreement and shall meet any other
established schedules and deadlines.
SECTION 2. Section 3.1.2 "Term" shall be amended to read:
3.1.2 Term. The term of this Agreement shall be for a one (1) year period from
the effective date of February 28, 2024, unless earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement and shall
meet any other established schedules and deadlines.
SECTION 3. All other terms, conditions, and provisions of the Original Agreement
not in conflict with this Addendum, shall remain in full force and effect.
SECTION 4. The City Clerk shall certify to the adoption of this Addendum and
hereafter the same shall be in full force and effect.
IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be
executed by their duly authorized representatives as of the day and year first above
written.
CITY OF ROSEMEAD
BY:
Ben Ki ty Manager
Attest.
i
City Clerk'
BY:
Rachel Richman, City Attorney
PSOMAS
BY: \_*k
Name: Rose Fistrovic
Title: V.P./Land Use Entitlements
(If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL
OF CONSULTANT REQUIRED)
Name: C�,Dv'o lt.SOt-j
Title: S i-(�5r'4R"/
Attachment C
Additional Services Request
SCHEDULE W
CITY OF ROSEMEAD
Proposed Fees
ASR: Updates to the Zoning Code, Garvey Avenue Specific Plan, and Subsequent EIR
(Revised July 15, 2024)
The City of Rosemead agrees to pay the Consultant as compensation for the named
professional services listed below. The following fees are valid for 180 days from the above
date. The Consultant reserves the right to transfer budget allocations within each Task,
should a specific subtask have surplus or require additional funds. The Consultant shall be
responsible for balancing any budget reallocation within the total budget.
ITEM
TASK
FEE
1.0
PLANNING SERVICES
Zoning and Performance Standards for Food Trucks
1.1
Zoning Standards for Residential -Only Developments
$13,690
1.2
Garvey Avenue Specific Plan Update / Expansion of GSP-MU Zone
$14,210
1.3
Small Lot Subdivisions in the R-2 Zone and the GASP
$ 4,660
1.4
Revise Standards for the Planned Development (P -D) Zone
$
1,760
1.5
Zoning and Performance Standards for Food Trucks
$
1,835
1.6 Parcel -Level Land Use and Zoning Consistency Analysis $ 5,040
1.7 Coordination with the Psomas Environmental Services Team $ 5,390
1.8 a. In -Person Meetings with City Staff and CTF $10,400
b. Virtual Meetings with City Staff and CTF $10,400
1.9 Attendance at Public Meetings/Hearings $ 8,370
Task 1 Subtotal $75,755
2.0 ENVIRONMENTAL SERVICES
2.1 Technical Analyses/Studies $113,794
2.2 Notice of Preparation (NOP) and Scoping Meeting $ 2,370
2.3 Draft Subsequent Environmental Impact Report (SEIR) $ 82,825
2.4 Final SEIR $ 17,582
1
SCHEDULE 'A'
CITY OF ROSEMEAD
Proposed Fees
ASR: Updates to the Zoning Code, Garvey Avenue Specific Plan, and Subsequent EIR
(Revised July 15, 2024)
2.5 Findings of Fact and Statement of Overriding Considerations $ 10,128
2.6 Project Management and Meetings $ 20,460
2.7 Attendance at Public Meetings/Hearings $ 8,625
Direct Costs* $ 3,475'
Task 2 Total $255,784
Grand Total $335,014
*Note: Direct Costs (i.e., mailings to public agencies, processing fees, filing fees, etc.) are
based on estimates from recent and similar projects. Actual costs may vary at the time the
cost occurs. Direct Costs are separate from the Labor Costs of this proposal and shall be
either paid directly by the City or reimbursed to the Consultant.
Please keep in mind that the budget amount for processing and public
meetings/coordination for this Project and subtasks is only an estimate. The amount billed
could be higher or lower per Task and Subtask based on the complexities and red tape.
Because of the subjective nature of the planning and environmental review process, it is
difficult to determine the precise number of hours that may be necessary to complete the
scope outlined in this contract. The cost of services, therefore, is an estimate only.
As may be requested by the Client, additional services beyond those described in Exhibit
'A,' Scope of Services, shall require additional fees to be negotiated between the Client and
Consultant.
Psomas shall not be held responsible for lack of information or erroneous information or
direction given to either the Client or Consultant by government officials. In addition, the
Consultant shall not be responsible for changes in the jurisdiction's health and safety codes,
nor revised state or federal laws.
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Attachment D
Amendment No. 2 to
Professional Services Agreement
SECOND AMENDMENT
TO PROFESSIONAL SERVICE AGREEMENT
FOR ZONING CODE UPDATE
(PSOMAS)
This SECOND AMENDMENT ("Amendment') is made and entered into this 23rd
day of July, 2024 ("Effective Date"), by and between the City of Rosemead, a municipal
organization, organized under the laws of the State of California with its principal place
of business at 8838 East Valley Boulevard, Rosemead, California 91770 ("City') and
PSOMAS with its principal place of business at 865 South Figueroa Street, Suite 3200
Los Angeles, CA 90017 ("Consultant'). City and Consultant are sometimes individually
referred to herein as "Party" and collectively as "Parties."
WHEREAS, City and Consultant entered into an agreement on February 28,
2023, for Zoning Code Update (the "Agreement'); and
WHEREAS, the Agreement was set to expire on February 28, 2024; and
WHEREAS, the first Amendment to the Agreement was made on February 28,
2024 to extend the term of this Agreement to February 28, 2025; and
WHEREAS, on May 22, 2024, a Special Joint Workshop with the City Council and
Planning Commission was held to discuss the project status and to receive direction on
the expansion of the Project and corresponding CEQA compliance; and
WHEREAS, a revised scope of work was furnished by the Consultant for the
expansion of Project and corresponding CEQA compliance, herein referred to as
"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; and
WHEREAS, the City and the Consultant -mutually agree to extend the term of this
Agreement for up to two (2) years with a one (1) year extension at the sole and absolute
discretion of the City, unless earlier terminated as provided herein.
NOW, THEREFORE, the Parties agree as follows:
SECTION 3. Section 3.1.2 "Term" reads:
3.1.2 Term. The term of this Agreement shall be for a one (1) year period from
the effective date of February 28, 2024, unless earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement and shall
meet any other established schedules and deadlines.
SECTION 4. Section 3.1.2 "Term" shall be amended to read:
3.1.2 Term. The term of this Agreement shall be for a two (2) year period from
the effective date of July 23, 2024, with a one (1) year extension at the sole and
absolute discretion of the City, unless earlier terminated as provided herein. Consultant
shall complete the Services within the term of this Agreement and shall meet any other
established schedules and deadlines.
SECTION 5. Section 3.3.1 "Compensation" reads:
3.3.1 Compensation: Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement and shall
not exceed Two Hundred Thirty -Two Thousand, Three Hundred Seventy -Four Dollars
($232,374.00) and in accordance with consultant's proposal dated December 19,
2022. Consultant' s proposal is hereby incorporated and found in Exhibit "A". Extra
Work may be authorized in writing, as described below, and will be compensated at
the rates and manner set forth in this Agreement.
SECTION 6. Section 3.3.1 "Compensation" shall be amended to read:
3.3.1 Compensation: Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement and shall
not exceed Four Hundred Fifty -Nine Thousand, Six Hundred Thirty -Nine Dollars and
Seventy -Four Cents ($459,639.74) and in accordance with consultant's proposal
dated July 15, 2024. Consultant' s proposal is hereby incorporated and found in
Exhibit "A". Extra Work may be authorized in writing, as described below, and will be
compensated at the rates and manner set forth in this Agreement.
SECTION 7. All other terms, conditions, and provisions of the Original Agreement not
in conflict with this Amendment, shall remain in full force and effect.
SECTION 8. The City Clerk shall certify the adoption of this Amendment and hereafter
the same shall be in full force and effect.
IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be
executed by their duly authorized representatives as of the day and year first above
written.
K
CITY OF ROSEMEAD PSOMAS
BY: BY:
Ben Kim, City Manager
Attest:
City Clerk
Name:
Title:
(If Corporation, TWO
SIGNATURES, President OR
Vice President AND Secretary,
AND CORPORATE SEAL OF
CONSULTANT REQUIRED)
BY: BY:
Rachel Richman, City
Attorney
Name:
Title:
3
SCHEDULE W
CITY OF ROSEMEAD
Proposed Fees
ASR: Updates to the Zoning Code, Garvey Avenue Specific Plan, and Subsequent EIR
(Revised July 15, 2024)
The City of Rosemead agrees to pay the Consultant as compensation for the named
professional services listed below. The following fees are valid for 180 days from the above
date. The Consultant reserves the right to transfer budget allocations within each Task,
should a specific subtask have surplus or require additional funds. The Consultant shall be
responsible for balancing any budget reallocation within the total budget.
ITEM TASK FEE
1.0
PLANNING SERVICES
1.1
Zoning Standards for Residential -Only Developments
$13,690
1.2
Garvey Avenue Specific Plan Update / Expansion of GSP-MU Zone
$14,210
1.3
Small Lot Subdivisions in the R-2 Zone and the GASP
$ 4,660
1.4
Revise Standards for the Planned Development (P -D) Zone
$ 1,760
1.5
Zoning and Performance Standards for Food Trucks
$ 1,835
1.6
Parcel -Level Land Use and Zoning Consistency Analysis
$ 5,040
1.7
Coordination with the Psomas Environmental Services Team
$ 5,390
1.8
a. In -Person Meetings with City Staff and CTF
$10,400
b. Virtual Meetings with City Staff and CTF
$10,400
1.9
Attendance at Public Meetings/Hearings
$ 8,370
Task 1 Subtotal
$75,755
2.0 ENVIRONMENTAL SERVICES
2.1 Technical Analyses/Studies $113,794
2.2 Notice of Preparation (NOP) and Scoping Meeting $ 2,370
2.3 Draft Subsequent Environmental Impact Report (SEIR) $ 82,825
2.4 Final SEIR $ 17,582
1
SCHEDULE 'A'
CITY OF ROSEMEAD
Proposed Fees
ASR: Updates to the Zoning Code, Garvey Avenue Specific Plan, and Subsequent EIR
(Revised July 15, 2024)
2.5 Findings of Fact and Statement of Overriding Considerations $ 10,128
2.6 Project Management and Meetings $ 20,460
2.7 Attendance at Public Meetings/Hearings $ 8,625
Direct Costs* $ 3,475*
Task 2 Total $255,784
Grand Total $335,014
*Note: Direct Costs (i.e., mailings to public agencies, processing fees, filing fees, etc.) are
based on estimates from recent and similar projects. Actual costs may vary at the time the
cost occurs. Direct Costs are separate from the Labor Costs of this proposal and shall be
either paid directly by the City or reimbursed to the Consultant.
Please keep in mind that the budget amount for processing and public
meetings/coordination for this Project and subtasks is only an estimate. The amount billed
could be higher or lower per Task and Subtask based on the complexities and red tape.
Because of the subjective nature of the planning and environmental review process, it is
difficult to determine the precise number of hours that may be necessary to complete the
scope outlined in this contract. The cost of services, therefore, is an estimate only.
As may be requested by the Client, additional services beyond those described in Exhibit
'A,' Scope of Services, shall require additional fees to be negotiated between the Client and
Consultant.
Psomas shall not be held responsible for lack of information or erroneous information or
direction given to either the Client or Consultant by government officials. In addition, the
Consultant shall not be responsible for changes in the jurisdiction's health and safety codes,
nor revised state or federal laws.
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