CC - Item 5H - Award of Professional Services Agreement for Engineering Support Services for American Rescue Plan Act (ARPA) Funded CIP ProjectsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER O
DATE: JULY 23, 2024
SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR
ENGINEERING SUPPORT SERVICES FOR AMERICAN RESCUE PLAN
ACT (ARPA) FUNDED CIP PROJECTS
SUMMARY
As part of the City's Fiscal Year 2024-25 Capital Improvement Program, the City Council
approved three (3) American Rescue Plan Act (ARPA) funded projects. The three (3) ARPA
funded CIP projects are the City Hall Interior Renovation, Public Safety Center Rehabilitation,
and Rosemead Park Restroom Renovation projects. The total cost of the three projects is
$4,000,000. To assist in expediting the delivery of the projects in order to meet funding timelines,
the City released a Request for Proposals for Engineering Support Services which includes
program management, project management, project development, design management,
construction management, and construction inspection. Bowman Consulting Group, Ltd.
submitted the most qualified proposal to provide Engineering Services for the projects. Staff
recommend utilizing ARPA funds for the Engineering Support Services agreement to ensure the
timely delivery of these ARPA funded projects.
On April 24, 2024, staff advertised the Request for Proposals (RFP) for Engineering Support
Services on the City's Planetbids portal. The following proposals were received by the 10:30 a.m.
deadline on May 27, 2024:
Firm Location
Proposal Amount
Bowman Consulting Group, Ltd. Brea, CA
$274,840
FEI Associates Consulting Engineers Chino, CA
$385,000
Staff evaluated the proposals based on compliance with the RFP requirements, project
understanding and approach, experience, level of effort, schedule, and cost effectiveness to provide
AGENDA ITEM 5.H
City Council Meeting
July 23, 2024
Page 2 of 3
efficient services. After review, staff determined that Bowman Consulting Group, Ltd. submitted
the most qualified proposal to provide Engineering Support Services for the projects.
Additional Funding Appropriation
ARPA funds can be used to pay consultants to assist with the implementation of ARPA projects.
Eligible costs include project management and regulatory compliance. Staff recommends
appropriating additional ARPA funds in the amount of $275,000 within the FY 24-25 CIP budget
for the Engineering Support Services agreement.
It is important to acknowledge that the budget for consultant services was included in
FY 2023-24, but was included in the ARPA Fund (Fund 228) operating budget. Unlike capital
improvement program budgets, operating budgets cannot be automatically carried forward to the
following fiscal year. Therefore, the remaining unspent $600,000 ARPA CIP budget for consultant
services residing in the operating budget in FY 2023-24, could not be automatically carried
forward. Therefore, a budget amendment for FY 2024-25 in the amount of $275,000 is necessary
to fully fund the projects. It is also important to note that the requested budget amendment of
$275,000 is less than the amount that was budgeted in FY 2023-24, resulting in overall anticipated
savings of $325,000 ($600,000 less $275,000).
STAFF RECOMMENDATION
It is recommended that the City Council:
1. Authorize the City Manager to execute a professional services agreement with Bowman
Consulting Group, Ltd., in the amount of $274,840; and
2. Adopt Resolution No. 2024-40 amending the City's Fiscal Year 2024-25 CIP Budget to
appropriate additional funds in the amount of $275,000 in ARPA funding to increase the
total amount of ARPA funding within the approved CIP budget.
FINANCIAL IMPACT
There are three (3) ARPA funded carryover projects included in the CIP budget for a combined
total approved budget of $4,000,000 in ARPA funding. Staff are recommending an additional
$275,000 in ARPA Funds to increase the total amount of ARPA funding within the FY 24-25 CIP
Budget to $4,275,000. There is sufficient ARPA funding available to appropriate the necessary
budget required to complete the Project.
ENVIRONMENTAL REVIEW
The proposed work involves the rehabilitation of an existing public facility; therefore, the project
is Class I Categorically Exempt pursuant to the California Environmental Quality Act (CEQA).
City Council Meeting
July 23, 2024
Page 3 of 3
STRATEGIC PLAN IMPACT
The Project is consistent with the City of Rosemead's Strategic Plan Goal C - Infrastructure and
Facilities, which is to enhance streets, sidewalks, and public infrastructure; coordinate with
relevant utility agencies regarding safety and enhancements; and modernize facilities by expanding
the use of wireless network technology and renewable energy.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Danielle Garcia
Public Works Fiscal and Project Manager
Submitted by:
1
Noya Wang
Director of Public Works
Attachment A: Bowman Consulting Group Proposal
Attachment B: Request for Proposal No. 2024-14
Attachment C: Professional Services Agreement with Bowman
Attachment D: Resolution No. 2024-40
Attachment A
Bowman Consulting Group Proposal
Bowman
City of Rosemead, CA
RFP No. 2024-14
Proposal for:
C D
Agri Engineering Support Services
OSE ED Submitted by:
�,,,.,,.,,,,,.., ., Bowman
714.940.07001 bowman.com
Bowman
May 27, 2024
Danielle Garcia
Management Analyst
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
RE: RFP No. 2024-14 Engineering Support Services
Dear Ms. Garcia:
Bowman Consulting Group Ltd. (Bowman) is genuinely delighted to present our proposal for providing
engineering staff support for the City Hall Renovation, Public Safety Center Rehabilitation and Rosemead Park
Restroom Renovation projects listed in the aforementioned RFP. We consider the City of Rosemead to be a key
client for us, and given the opportunity, we will strive to meet and exceed your expectations to become your
consultant of choice. We can achieve this goal by partnering with the city and your community, to find the most
appropriate solutions to the everyday challenges and to provide you with the best cost-effective and efficient
service possible.
We have carefully reviewed the proposal and the scope of work, and we are confident that we have the right
team to assist the city with successful delivery of these projects, on time and on budget. At the same time, we
have looked at various ways to assist the city, enhance the design of each project, incorporating many of the
lessons learned with similar projects. We believe in engaging the community along with ingenious design which
is sustainable and practical. We believe that we have the right ingredients to achieve these goals by having the
expertise and experience gained on many similar projects.
I am very excited to introduce our proposed Project Manager, Masoud Sepahi, PE, LEED GA as the lead person
for our team. As the City Engineer for the City of Placentia for 7 years and working for the Los Angeles Metro and
City of Los Angeles, Masoud brings decades of experience in the public sector, managing many complex and
challenging projects, Masoud has a clear understanding of the city's needs to deliver quality capital projects,
expeditiously with the most cost-effective way possible. While, working for the City of Placentia, Masoud
has managed very similar projects and he will be applying many of the lessons learned to assist the city with
successful delivery of each project. Masoud is very excited about being able to assist the city and he's ready to
start working on these projects immediately with the same degree of commitment, integrity and enthusiasm, as
he has done for other cities and agencies.
Our proposal and cost proposal shall remain valid for a period of no less than 180 days. Should you have any
questions our project manager, Masoud Sepahi can be reached via phone at 949.375.6599 and via email at
msepahi@bowman.com. We look forward to the city's decision.
Sincerely,
Sid Mousavi, MSCE, PE
3060 Saturn Street, Suite 250, Brea, California 92821
Executive 714.940.0100
bowman.com
Table of Contents
TAB #
SECTION
PAGE #
1
Approach and Scope of Work
1
2
Project Team, Key Personnel and Resumes
8
3
Company Qualifications
24
4
References
33
5
Standard City Contract and Insurance Requirements
34
6
Addenda Acknowledgment
35
7
Cost Proposal
36
8
Non -Lobbying Certification
38
Approach and Scope of Work
Approach and Scope of Work
Our approach has always been to provide a comprehensive array of professional services to our city clients. To this end,
IE was organized to assist Cities with every type of service that is required for the city to maintain and support the city's
infrastructure. This unique approach has enabled us to serve our clients seamlessly and at the same time grow in the
communities where we live and work. We are committed to supporting our clients and we look forward to doing the same
for the City of Rosemead.The City of Rosemead has a robust Capital Improvement Program (CIP), which includes projects
in various categories. We have reviewed the city's projects under the scope of services and the three projects mentioned
under the city's CIP program, and we are confident that our proposed team is fully capable and ready to assist the city
with management of these projects successfully. We understand that the City of Rosemead seeks a knowledgeable and
dependable firm with the capabilities and resources to assist the city with managing the City Hall Renovation, Public Safety
Center Rehabilitation and the Rosemead Park Restroom Renovation.
We are happy to inform the city that our proposed project manager Masoud, has managed very similar projects for the City of
Placentia, the City of Los Angeles, and Los Angeles Metro. Most recently, Masoud was in charge of the development of the City
of Placentia's new Public Safety Building project, the City Hall renovation project, which included new roofing, HVAC, electrical
/ mechanical upgrading, solar panels, EV Charging stations, and four park renovation and rehabilitation projects. In addition
to Masoud's expertise and experience, we have assembled a team of other knowledgeable and experienced staff, and sub -
consultants to handily fulfill the entire scope of services from initial planning through completion of construction, including:
• Preparing feasibility studies and conceptual designs.
• Conducting research and managing investigations.
• Assisting with preliminary design concepts and reports.
• Coordinating with the planning department and other city departments, and
leading community outreach events.
• Managing the ongoing projects designs and specifications.
• Preparing program level and detailed cost estimates, budgets and schedules.
• Project / program management for incorporating renewable energy & EV
charging station elements on capital projects.
• Furnishing construction management support services.
With past and current on-call contracts with the Cities of Bell Gardens, Montebello,
Huntington Park, Lynwood, Hawaiian Gardens, Anaheim, Baldwin Park, Hermosa
Beach, La Puente, Maywood, Pico Rivera, South EI Monte, and Yorba Linda, among
others we have unequivocally proven our ability to effectively respond to the
ever-changing needs of on-call contracts and are committed to oversee projects to
successful completion.
Our approach always starts with meeting with our clients to truly understand their
needs and to get to know all the challenges involved with each project, which will
allow our team to manage projects in the most efficient and cost-effective way
possible. We will then be able to formulate the most efficient level of effort for
delivering projects by assigning work to our experienced knowledgeable team in each defined category, based on the city's
needs, priorities, budget and schedule. We stand ready to assist the City of Rosemead, either as staff augmentation, or
work remotely, per the city's needs and direction. Our primary goal is to serve the city of Rosemead, to achieve your project
goals and objective, meeting the city's allocated budgets and delivery schedules for each one of the projects listed in the RFP.
Bowman 1 Engineering Support Services I May27, 2024
Project Management
We understand that the city needs a project manager to assist with management of design and with implementation and
monitoring of projects funded by the America Rescue Plan Act of 2021 (ABPA.) We are happy to mention that as the City
Engineer for the City of Placentia, Masoud managed similar projects, using the ARPA funding and he's very familiar with the
regulatory requirements that are required under this funding program. During his tenure with the city of Placentia and City of
Los Angeles, Masoud was responsible for managing multitude of capital projects, by first selecting qualified consultants, and
managing the design from concept to completion, utilizing various public contracting delivery methods, including, design -
bid -build and design / build. Masoud will promote a reporting system that he has used with many other clients, which he
will be using for the City of Rosemead. As a common practice on every contract, he will prepare and submit a comprehensive
report to the city.This report will be accompanied with a schedule, showing the status of each project under the CIP, along
with the cost estimates and action items to be resolved. This executive level report summarizes the status on all the task
orders and the project status, including costs, budgets, schedules, key issues and challenges with each project and other
executive level reports and charts as requested by the city. Masoud will meet with the city's project manager once a week to
go over this report and to learn more about the city's concerns and issues.
Pre -construction Phase Services
The key to a successful project delivery starts, before the project goes out to bid, therefore, it is vital for our team to work with
the city to foresee any issues or challenges that may hinder the project during construction. The following summarizes various
ways that we have tackled each potential issue during the Pre -construction phase, based on our current and past experiences
with similar types of projects:
• Learning City's Needs: After a thorough review of all the project background and status, we will arrange for a kick-off
meeting with city staff, the designers, and other stakeholders to learn more about the challenges facing the project and
any particular issues that our team should know about. Our goal is to learn as much as possible from key stakeholders and
the status of the project, in terms of design issues, funding, community involvements, permitting and delivery schedules.
In our experience, coordination with various city staff and city departments in addition to the outside influencers is key to a
successful start.
• Grant Funding: Our project managers have assisted other clients with securing grant funding by developing a schedule
and an issue -matrix to keep track of the funding applications and actions, necessaryfor obtaining various permits from
outside agencies. Projects that receive outside funding, often require a much more rigorous approach. Our team has
keen knowledge of these requirements and can assist the city to comply with all the conditions set forth by the grant
funding agencies. Masoud has recently managed projects that were funded by the ARAP, and he's very familiar with the
requirements as they apply with the city's projects. Masoud has managed variety of CIP projects, funded by SB -1, Measure
M, Measure R, other local Measures, Gas Tax, CDBG, ARAP and various impact fees in addition to utilizing the general
funds. Masoud will be able to assist the city with compliance with grant funding, based on his hands-on knowledge and
understanding of the regulations involved with compliance with these requirements. Masoud will work with the city's
project manager to ensure project delivery within the allocated budget for receiving various funding sources, including
ARAP, SLFRF, CDBG and DIF funding sources.
• Contractor Pre -qualification Process: Our approach to managing projects includes a thorough review of the project's
construction complexities. Our goal is to assist the city hire a well-qualified contractor that does not require any hand-
holding and will be able to complete the project with quality on time and on budget. One of the ways that ensures hiring
qualified contractors is to pre-screen them by having a two- step bidding process.This approach has worked well on certain
projects, where the quality of the finished products is of utmost importance. Another advantage is to make sure that the
Contractors bidding on the project, do not get involved with work that is beyond their technical capabilities. Masoud has
managed many complex projects, using alternative bidding methods, including, design / bid / built, design / built and
Public -Private -Partnership. He can assist the city with selecting the most cost effective and efficient method of project
delivery, based on the city's budget, schedule and the expected quality.
Bowman I Engineering Support Services I Moy27, 2024
• Schedule and Cost Estimating: We will assist the city to develop a master schedule for all phases of the projects that
have been assigned, including clear identification of milestones and deadlines for all facets of work. We will also establish
budgets and preliminary cost estimates for each project as well as recommendations for adjusting budgets on the city's CIP
list, if necessary.
• Weekly / Monthly Meetings: Masoud will arrange weekly/ bi-weekly and monthly meetings with all the designers, sub -
consultants and the city staff to ensure project is moving forward on time and on budget. For every meeting, our staff will
prepare agendas, minutes of the meeting and will inform each attendee of actions necessary for each team member to
complete along with delivery dates and milestones. We will discuss each open action item and suggest ways to resolve
them as not to delay the project schedule and completion dates.
• Plan Reviews: We will be conducting plan reviews and constructability reviews on all design deliverables including the 35%,
65%,95% and 100% levels of Plans, Project Specifications and Cost Estimates (PS&E.) As a follow up, our staff will arrange
for special meetings for sharing and discussing review comments by our team. We will prepare and distribute minutes with
action items to involved parties.
• Site Visits: As part of our plan review, we conduct a complete walk-through of the entire project site and compare the
existing conditions with the ongoing design drawings. We will perform site visits during the design accompanied with
the Designers to evaluate the existing condition of items pertaining to the design. During this investigation, locations of
damaged or distressed features will be inspected, confirmed and summarized. Our inspection will also include identification
of any lead paint and asbestos in the buildings and facilities. We will work with the environmental consultants to prepare
reports for abatement by the professional abatement contractors. Our plan review will also include a complete check on the
design drawings for compliance with the latest Americans with Disabilities Act (ADA) accessibility codes and regulations.
Access ramps, corridors and pathways will be reviewed for compliance with the latest ADA requirements. Existing drainage
patterns will be reviewed for all projects so that any potential ponding areas can be identified and eliminated. We will
conduct additional fieldwork to verify the locations of surface utility features within the project limits. During the field
investigation, we will validate the locations of other special features and items such as utility conflicts and overhead lines.
In conjunction with information researched, we will notify affected utility companies of the impending project. Surface
features requiring adjustment will be identified and properly coordinated with the corresponding utility company. If the
proposed improvements interfere with existing utilities, we will arrange to have potholes taken by the utility company.
• Outside Plan Reviews & Permitting: One of the issues that usually cause delays during the construction is the ability of the
contractor to secure outside permits with other city departments and agencies. We have studied the scope of work for the
three projects listed in the RFP, and one of our primary tasks will be to identify permit requirements by outside agencies for
each one of the projects, prior to award a contract. For example, we will make sure that all necessary permit applications
have been submitted and plans have been reviewed and approved by all permitting departments and agencies, so that
they will not delay the Contractor during the construction. Some of the permits and approvals may include planning
department, fire and building departments, Federal and State agencies, AQMD, LA County Flood Control, ACOS, and others
to be identified.
• Final Plans: Before, going out to bid, we will review the 100% plans to make sure that the plans meet the city's standards
for a complete bid package, including a review bid documents, appendix, geotechnical reports, technical specifications,
Hazmat abatement report, and the technical specifications. We will make sure that the Bid package is complete, the
bid documents are without any discrepancies and the design meets the city's expectation, for budget and schedule.
Measurement of costs will also be verified and revised if necessary. If requested, upon completion of a complete PS&E and
bid package, we will coordinate with the city to present the project for City Council's approval.
Having managed many CIP projects for our clients, we have learned that certain issues keep surfacing, and this is the reason,
why final checklist includes a full review of the items listed below.These are issues that we constantly encounter during
construction with recommendations for preventing them from occurring on the City of Rosemead's CIP projects.
Bowman I Engineering Support Services I May27, 2024 3
ADA & Energy Compliance: Some of the key reviews by our team during the pre -
construction phase will include evaluation of the project scope to see if the city
will desire to update and repair such items as ADA access ramps, ADA & Cal Green
compliance for entry doors, windows, restrooms, and all other facilities that require
access by the public, in addition to evaluation of the site and facilities for addition
of solar power, EV charging stations, and other renewable energy initiatives.
Working on similar projects, we have found that inclusion of such items will benefit
the city tremendously. We understand that the city may be adopting a new ADA
Transition Plan, and our team will ensure that the design of each facility meets and
exceeds the city's transition plan for full ADA compliance.
• Cost Estimating: We will review the concept plans, the current budgets to assist the city with determination of accurate
budgets to be used for the city's CIP program. Our team has a robust database of all current bids for determining cost for
various types of public improvement projects. We have established these estimates based on the latest unit pricing and
bids received on other recent projects in the southern California region. We will compare these estimates against the city's
standing budget and schedule and will make recommendations for adjusting costs and budgets if necessary.
• Right -of -Way & Easements: It is critical to identify and resolve any right-of-way or easement issues that may exist on any of
the projects. There are many ways to determine if there are any ROW issues on projects, starting with a review of available
as -built plans, County maps, GIS maps, title report search and conducting a boundary / property survey of the properties
in question. We will assist the city during the pre -construction phase to identify any potential issues on the property
boundaries and draw the appropriate legal documents, such as easements, dedications, and Lot line adjustments to resolve
any potential legal issues.
• Quality Assurance and Quality Control (QA / QC): There are several key elements when reviewing the bid documents. Our
goal has always been to make the plans and specifications and all the attachments clear to understand and to remove any
discrepancies that might exist in the documents prior to bidding. As part of our Red -team QA / QC review, we will make
sure that the review is conducted by people that have expertise and are licensed and qualified to perform reviews for each
trade.These reviews also include constructability and value engineering reviews, to ensure that all details are correctly
cross-referenced and are clear to read and understand. Other constructability items include identification of long -lead
components on the project, ROW issues, utility verifications, verification of unit prices and quantities.
• Bid & Award: We are glad to see that the city is utilizing the online Planetbids for managing the bidding and award process.
This system has worked very well in the past on many other projects, ensuring that all questions, addenda, and project
information are received quickly and accurately. This system also reduces the chances for information getting lost or not
delivered to potential bidders.
• Bid Review: After bids are received, we will review and evaluate bids for accuracy and responsiveness, based on the
directions given in the Instruction to Bidders. This review will include checking the entire bid, to ensure that all forms
have been signed, valid and proper bid -bonds are included, there are no math errors, all the forms have been completed,
sub -contractors have been listed with each percent share of the work identified, references have been listed and to make
sure that all the license and credentials have been secured. One of the issues that we often encounter during the bidding
of project, is Bid -protest. One of the ways to avoid these them is to make sure that the bid documents are clear of any
ambiguity, there are no discrepancies with easy to understand instructions to bidders.
Construction Phase Services
Our approach for managing each project will be to collaborate and coordinate our activities with the city's project manager
in providing as -needed services and at the same time, introduce many of the lessons learned from our past projects. Prior to
start of any construction project and / or activity, we will meet with the city to formulate a work plan and a resource allocation
matrix for each individual project to build a robust team to administer and manage construction contracts, in accordance
with the city's needs and budget. We will also establish the individual needs of the project for other necessary services, such
Bowman I Engineering Support Services I May27, 2024 4
as field survey, geotechnical investigations, materials testing, SWPPP, NPDES Permitting and monitoring, environmental
investigations and testing, deputy inspections and other specialty items as required.
Filing Systems: In collaboration with the city, we will set up an online filing system, to address all funding requirements
by outside agencies. We will ensure to follow all grants funding requirements by following the latest guidelines for various
programs, through the ARAP program, Caltrans' LAPM, County's SBDG and other grants managed by the city. We are now
using the C -MIS on all construction projects and we will be more than happy to utilize this system on the City of Rosemead's
Projects. C -MIS allows seamless exchange of information between all parties involved in construction activities in real time
and has worked very well for our team members, allowing them to exchange information more rapidly and effectively.
• Submittals and Schedules: We will review and process contractor's submittals by first preparing a submittal -list for each
individual contract. All submittals and deliverables that are required by the contract will be logged through our project
management system and routed to the project's architect and engineers for review and approval. As a standard practice, we
will meet with the city prior to bidding, to learn more about the city's requirements for purchasing equipment compatible
with the items currently being used. We will also ensure that proper warranties are stipulated for certain items per the city's
needs to ensure longevity of these systems over the long haul.
• Schedule: We will prepare and submit to contractor a"Weekly Statement of Calendar / Working Days" report toensure that
the Contractor is fully aware of the schedule and the critical path activities, which may be in jeopardy. We have trained our
inspectors to be informed of the latest construction techniques, traffic control rules and regulations, utility investigations
and monitoring, and quality assurance requirements for each type of public improvement project.
• Pre -Construction Meeting: We will arrange and conduct pre -construction meetings with the Contractors, designers,
inspectors and other key stakeholders. We will ensure to invite all city personnel that may be involved with the project, in
addition to representatives from regulatory agencies that may be involved with permitting and grant funding.
• Storm Water: Storm water protection compliance with the city's National Pollutant Discharge Elimination System and the
(NPDES) Permits and requirements will be monitored daily.
• Change Orders: We will also maintain records for any change order work, and record information regarding work being
conducted under dispute in addition to taking independent measurements and calculations of the work that is placed to
administer progress payments and to make recommendations for payments.
• Certified Payroll: Our team will review and evaluate the contractor's certified payroll reports with monthly progress
payment requests to ensure compliance with the Federal and State's prevailing wage regulations. We will periodically check
the contractor's red -lines, to ensure an accurate as -build plan is being produced by the Contractors. Health and
• Safety: We take safety very seriously. We know that even one incident on the project will taint the project. As a standard
practice, at the beginning of each meeting, we draw attention to a safety moment.This is to ensure that all parties and the
construction team make safety on the job a priority. We believe that safety must be built into the culture of the construction
team, and it must be the underlying condition for conducting any type of construction work. We will make sure that the
latest CAL -OSHA provisions have been incorporated into the contract documents and we will monitor the job daily to
ensure that all safety precautions have been placed at thejob site every day. At the pre -construction meetings, we will ask
to see the Contractor's Health and Safety plan and makes sure that a Safety Offices has been identified by the Contractor,
in addition to the sub -contractors. At the onset of the project, and before, construction starts. We will implementjob safety
procedures in compliance with CAL -OSHA requirements and will continuously monitor the contractor's compliance with
the established safety programs.
• Quality Control and Materials Testing: Quality Control must be built into the Contract Documents. In addition to the
requirements by the Standard Specifications for Public Works Construction (Green Book), which sets the minimum
requirements for controlling the quality at thejob site, we will evaluate and determine individual needs of the projects for
a robust QA / QC program.These provisions will need to be written into the contract documents, so that the contractors
provide an adequate testing program, necessary for meeting the requirements of the project. As part of our monthly
Bowman I Engineering Support Services I May 27, 2024
reporting, a section will be dedicated to the QA / QC program, summarizing the testing and a review of the contractor's
performance, on a regular basis.
Construction Management and Inspection Services
The following items are the key steps that our project managers will be taking in support of each project that goes into
construction. Our project manager will provide the city with the following construction management and inspection services
during the construction phase:
• Prepare bids and supervise bid procedures to conform to the city, state and federal guidelines.
• Prepare construction contracts and provide administrative services.
• Evaluate contractor's baseline schedule and updates.
• Monitor and control schedule.
• Conduct a pre -construction meeting.
• Update cost reports and construction billing forecasts.
• Monitor project budget.
• Provide project status reports.
• Verify contractor progress payments.
• Assist and facilitate requests for information (RFI).
• Review and facilitate all submittals and shop drawings.
• Provide and maintain logs for RFIs, reports, request for quotations, change orders, correction notices and stop work notices.
• Review change orders and assist the city to negotiate and expedite change orders.
• Manage the testing and inspection process.
• Claims avoidance, claims and analysis, claims resolution.
• Assist the city to respond to resident's complaint and concerns and provides resolutions.
• Provide the city recommendations on construction inspection and testing results.
• Provides reporting on the project's punch list, start-up operations and closeout.
Post -Construction Services
We will start planning on project close-out weeks before the completion of the project. This is to ensure that the contractor
is aware of the city's expectations for taking all necessary the steps and to allow ample time for any type of commissioning,
testing and balancing that maybe required. In addition, the project may need staff training, which requires advanced
planning. The close-out activities will include final inspection /walk through with the city staff, maintenance /service
personnel and the project's architect/ design consultant. We will issue a preliminary punch -list to put the contractor on notice
of any outstanding item, followed by a final punch list, including schedule for punch list completion. We will work with the
construction team to monitor the repairs and follow through with the contractor, until all items on the punch list are 100%
complete. We will gather and transmit all required guarantees, certifications, affidavits, leases, easement deeds, operating &
maintenance manuals, warranties, and other documents as stipulated in contract documents for submittal to the city.
We will review and process contractor's final payment request and release of retention, in addition to assisting the city with
preparation and filing of Notice of Completion. We will organize and deliver all project documents and files, in addition to the
grant funding forms and ledgers to the city for future use. All reports, daily logs and other related construction documents will
be submitted to the city through our web -based Virtual Project Manager (VPM) software.
Bowman I Engineering Support Services I May27, 2024
Since our founding in 1994, we have been committed to excellence. We stand behind our reputation to provide only the
highest level of products and services to the cities we serve. For the past 29 years, our pursuit of excellence has shown us
that one way we can be the best for our clients is to offer abroad spectrum of services. We provide professional engineering
and municipal services to cities in Southern California. From the beginning, we have been committed to making a difference
in the communities we serve by helping cities maintain and improve their infrastructure and by supporting their capital
improvement programs. Our clients continue to see consistency in engineering design protocols, project management
practices, staff familiarity, and complete understanding of a project, since we take projects from initial concept design
through construction and final acceptance by the City Council. Our staff of professionals have been employees of cities or
have been in managing or supporting roles as out -sourced contractors to cities, many of whom have served as city staff for
decades. Our team thoroughly understands city operations, budgets, and priorities which allows us to be a strong advocate
for the City of Rosemead. Because assisting cities is all we do, we know your concerns about schedules, budgets, and keeping
change orders to an absolute minimum. We consider these matters in every project that we engineer and oversee. And
because we take our clients' projects from preliminary design through construction, we know how to manage and overcome
challenges on any type of capital improvement project. We believe we are the best choice for the City of Rosemead because
we offer a proven track record of delivering successful projects for many other cities.
Our project manager, Masoud Sepahi served as the City Engineer for the City of Placentia, where he was responsible for the
delivery of many CIP projects. Over his tenure with the city, he managed very similar projects and programs utilizing both in-
house and outside consultants. His understanding of the CIP budget, schedule and the overall city's management procedures
will be the key to success in delivery of each one of the projects listed under the scope of services and other CIP projects.
We have studied the City of Rosemead's CIP list of projects and the following is a table showing our collective experience with
each type of project, where we have successfully completed and delivered projects in behalf of a few selected key clients. As
you can see, our construction management capabilities include very similartypes of projects that the city plans to construct
over the next five years. Our team brings all the required resources in one place and under one contract. We propose to do
the same for the City of Rosemead, either as staff augmentation, or as stand-alone projects or task orders. In any case, we
are ready and willing to serve the City of Rosemead, to achieve your project goals and objective, meeting the city's allocated
budgets and delivery schedules.The following organizational chart shows our proposed staffing makeup to assist the city
with an efficient team, providing project management and construction management per the requirements of the RFP.This
organizational chart is flexible and the ultimate staffing structure will be per the city's demands, budget and management
needs.
Bowman I Engineering Support Services I Moy27, 2024
Project Team, Key Personnel and Resumes
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Masoud Sepahi, PE, LEED GA
Project Manager
Education
Masoud has over 37 years of experience working for both public agencies in addition
B.S. Civil Engineering, Loyola
to the private sector, managing a variety of large and complex public works and
Marymount University
capital improvement projects. He has held various leadership positions in managing
a variety of projects for major public works programs. As the City Engineer for the
Structural / Civil Engineering,
City of Placentia, he was responsible for delivery of many projects. As the Director
California State University, Northridge
of Construction Management for the Los Angeles Metropolitan Transportation
Authority, Masoud was responsible for the southern portion of the Crenshaw /
Registrations
LAX Transit Project. During his tenure with LA Metro, Masoud was responsible for
Professional Civil Engineer:
management of all construction on the Southern segment of the project, including
California (#52786)
major utility relocations. Working for the City of Los Angeles for 10 years, Masoud held
Leadership in Energy and
various positions, managing many types of public improvement projects as well.The
Environmental Design Green Associate
following is a partial list of projects that Masoud has successfully managed.
(LEED GA)
Experience
Director of City Engineering & Construction Management Services I Brea, CA
Masoud's responsibilities include management of the Bowman's contracts, project
management and construction management staff, quality control, marketing and
training. Masoud is currently, assisting the City of Placentia with management of
Golden Avenue Bridge Replacement project, in addition to other utility rehabilitation
projects.
Various Projects I City of Placentia, CA*
City Engineer. Masoud's responsibilities included management and processing of
all public works encroachment permits in addition to all other city engineering and
management functions. Masoud was responsible for plan check, design review,
and inspections associated with private developments throughout the city. He
assisted the Director of Public Works with preparation of the Capital Improvement
Program (CIP) budgets and monitored the expenditures in conformance with
the Department's goals and objectives. He managed all design and construction
contracts associated with the public works CIP program to ensure delivery of
projects on time and on budget. Masoud supervised and assigned work to in-house
engineering, maintenance staff and consultant staff associated with CIP and plan -
checking activities. His responsibilities also included negotiating and enforcing
design and construction contracts, cooperative agreements, interacting with other
cities and agencies, license agreements, lease agreements, schedules, and work plans
to ensure projects were completed within expected timelines, material specifications,
and budget. He reviewed change orders, evaluated budgets, costs, and technical
feasibility. Conducted staff meetings with city personnel; attended meetings with
other city departments, government agencies, private developers, contractors,
and consultants to coordinate various projects and programs. Prepared schedules
and budgets for various projects and assist with preparation of the CIP and grant
applications. Reviewed and approved tract maps, parcel maps, lot -line adjustments
*Experience prior tojoining the firm and provided advice to the City Administrator, planning and City Council regarding
Bowman I Engineering Support Services I May27, 2024
Masoud Sepahi, PE, LEED GA (cont.)
Project Manager
engineering and administrative issues. Prepared Agenda Reports on various
actions required by the City Council. Attended City Council, Planning Commission,
Traffic Commission, and other public meetings and made presentations on various
engineering and construction proposals, contracts, engineering reports, and staff
recommendations.
Various Projects I City of Los Angeles, CA*
As the Director of Construction Management for the Los Angeles Metropolitan
Transportation Authority, Masoud was responsible for the southerly portion of the
Crenshaw / LAX Transit Project. This project was an eight -and -a -half -mile light-rail
line, which connects the Expo Line on Exposition Boulevard to the Metro's Green
Line at the Los Angeles International Airport. This $26 project consisted of eight
Stations, eight aerial bridges over major streets and the 1-405 Freeway. During his
tenure with LA Metro, Masoud was responsible for management of all construction
on the southern segment of the project, extending from the Greenline station to the
outside of City of Inglewood. His responsibilities included management of the entire
construction staff, reporting to executive management on construction progress and
issues in addition to interfacing with the city officials, utility agencies, contractors,
and designers. Also, working for Metro, Masoud was responsible for the management
of three major Advanced Utility Relocation Contracts as part of the Purple Line
Corridor Project. This project extended the terminus at Wilshire / Western westward
for about nine miles with seven new stations. He performed Resident Engineering
for three major contracts under this $413 transit project. Responsible for all of the
utility relocations at three major intersections, La Brea and Fairfax in the City of Los
Angeles and La Cienega at the City of Beverly Hills. Duties included management of
construction and design staff, interaction with utility agencies, contractors, designers
and city officials.The advance utility contracts paved the way for mass excavation of
the subway stations.The relocation of over 150 major utility lines had to be designed
and constructed within a very aggressive schedule to allow for the next phases of the
project to start. As the Director of Construction Manager, Masoud was responsible for
delivery and relocation of major storm drains, sanitary sewer, electrical power lines,
telecommunication, water, gas, and many other utilities, which had to be relocated
within a very aggressive schedule.
Various Projects I Fullerton, CA*
Principal. As the principal for MARRS'facilities, and transit divisions, Masoud was
responsible for managing construction management staff and multiple contracts
with various public agencies. His responsibilities included management of multiple
civil engineering projects, reporting to executive management and interaction
with clients. His other responsibilities included development and implementation
of marketing strategies, preparation of staffing plans, preparation and analysis of
company budgets and finances in addition to interaction with existing and potential
new clients. Some of the major projects under his management included: LAX /
Bowman I Engineering Support Services I May 27, 2024 10
Masoud Sepahi, PE, LEED GA (cont.)
Project Manager
Crenshaw Transit Corridor, Advanced Utility Studies, LAWA Water Systems modeling,
LAX 2nd Level Roadway and Deck Repair, Metro On-call bus Facility construction
management, Cesar Chavez Roundabout Project, LAX South Runway Improvements
in addition to many other infrastructure improvement projects.
Various Projects I Irvine, CA*
As Program Director, Masoud was responsible for GKK Works'Construction
Management for various public works facility projects. Some of these projects
included: Police Administration Building, San Bernardino International Airport Facility
Improvements Program,Third party review for all new developments for the Inland
Valley Development Agency (IVDA.), runway drainage studies, conceptual design
and modifications for terminal buildings, facility and site assessment, demolition of
buildings and facilities at the airport, master planning, and third -party reviewerfor
construction of large warehouses for the IVDA. On behalf of IVDA, he also worked
with private developers for development of large cargo storage and distribution
centers near the airport.
Various Projects I Various Locations, CA*
As the KBR's Construction / Design Manager for the western region, he was
responsible for KBR's projects in the Southern California region. His duties included
contract negotiations with clients and sub -consultants, managing and administering
projects in addition to managing engineering staff and sub -consultants. As the
design managerfor the Airside Improvement Program (AIP) at Bush Intercontinental
Airport, he was responsible for the management and supervision of the design
staff and up to 100 sub -consultants. His responsibilities also included management
of multiple design contracts to ensure compliance with the project budget and
schedule in addition to the client's guidelines and regulations. Provided routine
project status reporting on the work performance and productivity of designers
and their subconsultants. He also reviewed and approved designer's invoice
for compliance with provisions in the contract including minority participation
requirements. He managed the design and construction of many projects, under the
AIP program.
Various Projects I City of Los Angeles, CA*
As a member of the City of Los Angeles engineering staff, Masoud worked on
many infrastructure programs and projects, some of which include the Police Bond
Program, Los Angeles Convention Center Expansion,Tom Bradley Terminal at LAX and
many other small to large municipal facility construction and renovations. Masoud
worked at the Departments of Public Works and Building and Safety, where he was
responsible for plan check activities for Public Works improvements in addition to
residential and commercial buildings.
Bowman I Engineering Support Services I May27, 2024 11
Mike Kapanpour, MSCE, PE
Assistant Project Manager
Education
Mike has over 39 years of experience in the management and design of a wide variety
M.S. Civil Engineering
of public works projects including site development, pavement rehabilitation, parks,
American Public Works Association
street widening, storm drain, and sewer and water improvements. Mike has a well-
B.S. Civil Engineering
rounded understanding of public works and the challenges of building a public
Certificate
project through his experience as both a municipal employee and a consultant. He
Registrations
has worked on all phases of public projects from planning through construction and
Professional Civil Engineer:
has been responsible for directing development review and capital improvement
California (#57363)
programs with several agencies in Southern California.
Certifications Experience
Construction Management Certificate
California High -Speed Rail Project I Various Locations, CA*
Project Manager. Mike provided review of change order proposals submitted by the
American Public Works Association
contractor for additional work; negotiated final agreed prices; and recommended
(APWA) Public Works Inspection
approval to the High -Speed Rail Authority for issuance of change orders.This project
Certificate
was a Design / Build project which constructed 33 -mile of High -Speed Rail between
Caltrans Construction Management
the City of Merced and the City of Fresno as part of the High -Speed Train from San
Program
Francisco to Los Angeles.The project included supporting infrastructure such as
roads, utilities; ramps, bridges, and retaining walls in the City of Fresno.
1-405 Sepulveda Pass Widening Project I Cityof Los Angeles, CA*
Mike provided review of the project documents and design submittals as part of
the Caltrans Design Review Group on this $2B project; headed the Estimating Group
for utility cost estimates and change orders and negotiating with the contractor in
reaching an agreement for the additional work; also, reviewed the time and material
costs submitted as part of the extra works performed in the field.This was a Design
/ Build project involving a 10 -mile HOV lane and improve supporting infrastructure
such as ramps, bridges and sound walls on the San Diego Freeway (1-405); while
widening lanes from the Santa Monica Freeway (1-10) to Ventura Freeway (US -101).
This project's purpose was to reduce existing and forecasted traffic congestion on
the I-405 and enhance traffic operations by adding freeway capacity in an area that
experiences heavy congestion. In addition to these modifications, the project is
meant to improve both existing and future mobility and enhance safety throughout
the corridor.
Various Projects I Various Location, CA*
Program Manager for the implementation of five-year pavement management
program for different municipalities. Programs included selection of consulting firms
to design the program, presenting the programs to the City Councils, preparing, and
administering program budgets. Also, project manager for implementation of those
programs in the first few years of the programs.
Various Projects I City of Poway, CA*
Staff Engineer. Mike was providing as -needed map and plan check services for various
*Experience prior to joining the firm development projects.The services included review of grading plans, erosion control
Bowman I Engineering Support Services I Moy27, 2024 12
Mike Kapanpour, MSCE, PE (cont.)
Assistant Project Manager
plans, improvement plans, and parcel/ final maps. Plans were checked for compliance
of the city's Grading Ordinance, city -adopted standards and city -approved conditions
of approval. Parcel / Final Maps are checked for technical accuracy and for compliance
of the State Subdivision Map Act, the Land Surveyor's Act, the city's Subdivision
Ordinance, and city -approved Tentative Map. Other services included review and
processing boundary adjustments, certificates of compliance, lot mergers, easement
vacations, and preparing development agreements. Occasionally, services also
included periodic meetings with the city, development's engineer / surveyor, and
owner / developer.
Various Projects I City of Los Alamitos, CA*
Mike served as the Public Works Director / City Engineer for the city where he was
responsible for the day-to-day operations of the city's Public Works and Engineering
Department, including directing the development review, and capital improvement
program. Mike also provided Project Management services for the preparation of
the city's Pavement Management Program. Other duties included: preparation,
administration, and implementation of the Annual Capital Improvement Program
for the city. Attended the City Council and the Traffic Commission meetings. He also
prepared staff reports and other technical reports for presentation to the City Council
and Traffic Commission. Prepared, reviewed and checked engineering calculations
prepared by the city staff and consultants. Represented the city at meetings with
other agencies and the Development Community. Prepared development projects'
Conditions of Approval for public works and Engineering requirements. Reviewed
and Commented on the development projects Covenants, Conditions, and
Restrictions (CC&R's) prepared by the project's Engineer. Mike's duties also included
the review of grading and public infrastructure improvements plans, Geotechnical
reports, and hydrology and hydraulics reports for development projects. He was also
responsible for the oversight and approval of over-the-counter permits for Public
Works Department.
Various Projects I Cityof Lomita, CA*
Mike served as the Public Works Director/ City Engineer for the City of Lomita
where he was responsible for the day-to-day operations of the city's Public Works
Department including Engineering, Maintenance and Operations, and Water
Department. Attended the City Council and Commission meetings as needed.
Prepared staff reports for presentation to the City Council. Prepared, reviewed
and checked engineering calculations prepared by the city staff and consultants.
Represented the city at meetings with other agencies and the Development
Community. Prepared annual Landscape, Lighting and Maintenance Assessment
District Engineer's Annual Report and forward to the City Council for approval.
Worked with the Consultant on preparation and calculation of new water rates for the
city.
Bowman I Engineering Support Services I Moy27,2024 13
Mike Kapanpour, MSCE, PE (cont.)
Assistant Project Manager
Various Projects I City of Lynwood, CA*
Project planning, development, design, and administration, value engineering,
estimating, bid document preparation, evaluating schedules, resolving RFI's,
submittal review, record-keeping, payment approval, proposal and time extension
negotiations, change orders, daily interaction with architects and contractors,
development review of on-site grading including both preliminary and precise
grading plans, hydrology, hydraulics, storm drain and street improvements, review
of engineering technical reports including soil reports and on-site drainage facilities.
Also, while at the city, his duties included plan check, structural analysis, estimating,
and inspection.
Various Projects I City of Lowndole, CA*
Mike served as manager of Public Works Department including engineering and
design, traffic, streets, transit, parks and building maintenance, solid waste. Mike also
served as the Project Manager for the preparation of the City of Lawndale Storm Drain
Master Plan. Responsibilities included the selection of the consultant for the project,
presenting report to the City Council, implementation of the project during the first
year of the project. Mike assisted with the following services for the city. Assisted
with the design; plan check, structural analysis, estimating, inspection; development
review of on-site grading, hydrology, hydraulics, and street improvements, review of
engineering technical reports including soil reports and on-site drainage facilities.
Mike also served as project manager for Rule -20A, utility undergrounding project
from inception through design and construction including daily interaction with
utility companies, contractor and residents. While working for with the City of
Lawndale, Mike served as the Project Manager for the preparation of the city's
pavement management program.
Various Projects I CityofMalibu, CA*
Project Planning, development, and administration, estimating, bid document
preparation, evaluating schedules, resolving RFI's, submittal review, record-keeping,
payment approval, proposal, and time extension negotiations, change orders, daily
interaction with architects and contractors.
Bowman I Engineering Support Services I May27, 2024 14
Hormoz Vahid
Construction Manager
Education
Hormoz Vahid has more than 38 years of experience on a wide range of public
works projects throughout Southern California. His experience covers both design
B.S. Civil Engineering, Texas A&M
and field engineering, including site preparation grading and drainage, roadways
University
and streets, water and wastewater systems, utilities, storm water facilities, and
Registrations
construction inspection and administration. As a public works inspector, Hormoz
works with the development and construction community to ensure compliance with
40 Hr. HAZWOPER, Certificate
municipal codes, standards, and specifications. Hormoz's responsibilities also include
(#2401404)
research and implementation of new construction techniques and materials, and
Deputy Inspector #561, City of Irvine
recommendations for specification changes, when warranted. He provides inspection
(concrete, steel, masonry, & asphalt)
services on capital improvement projects, subdivision development, and construction
Moisture Density Nuclear Gauge
permit work. During his three decades of experience, Hormoz has developed
Certification-Troxler Laboratories
comprehensive skills in site supervision, management techniques, report writing,
research techniques, budget preparation, and administration. In addition, Hormoz
Final Inspection Orientation
has acquired exceptional knowledge of city, county, and federal laws on the public
Certificate, California Governor's Office
and private construction process.
of Emergency Services
Experience
Various Projects I City of Montebello, CA
Hormoz has assisted the City of Montebello with various Capital Improvement
Projects (CIP) and engineering tasks for over a decade.
Bluff Road Improvements I City of Montebello, CA
As CIP Manager Hormoz's responsibilities included review of bid proposals, contract
agreements, performance and material bonds, issuing addenda, scheduling pre -
construction conferences, preparation of change orders, and reviewing certified
payroll and billing. Prepared staff reports to be presented to city council. Project
construction cost was $200,000, and the project was completed with a savings of
$10,000.
Via Campo Street Improvements I City of Montebello, CA
Responsibilities included review of bid proposals, contract agreements, performance
and material bonds, issuing addenda, scheduling pre -construction conferences,
preparation of change orders, and reviewing certified payroll and billing. Prepared
staff reports to be presented to city council. Project construction cost was $303,000,
and the project was completed on time, with a savings of $12,000.
Garfield Avenue Improvements I City of Montebello, CA
Responsibilities included monitoring compliance with plans and specifications,
attending meetings and preparing daily inspection reports, measuring field
quantities, monitoring traffic control, monitoring extra work and assisting in the
processing of change orders, and developing a punch list. Project construction cost
was $784,000, and the project was completed on time with a savings of $20,000.
*Experience prior to joining the firm
Bowman I Engineering Support Services I May27, 2024 15
Hormoz Val hid (cont.)
Construction Manager
Beverly Boulevard Improvements I City of Montebello, CA
Responsibilities consisted of inspection of daily construction activities, monitoring
compliance with approved plans and specifications, conducting contractor
interviews, preparing change orders, verifying quantities, and reviewing billings.
Project construction cost was $418,000; the project was completed on time with
savings of $1,500.
Various Projects I Cityof Bell Gardens, CA
Public Works Inspector/ Permit Engineer. Under the general supervision of the
City Engineer, Hormoz was responsible for processing public works permits
and conducting inspections. He was responsible for investigating public works
construction -related citizen complaints, reporting observed safety violations to City
Risk Manager, and reviewing and verifying a variety of construction documents, such
as plans and specifications, permits, and estimates. He was also tasked with ensuring
that all the permits given to construction are in accordance with legal contracts and
for maintaining the uniform traffic control devices. Monitored all public complaints
regarding construction and resolved them efficiently.
Bowman I Engineering Support Services I Moy27,2024 16
Imad Zureiqat, M5, EIT
Inspector
Education
Imad Zureiqat has more than 41 years of experience in construction inspection and
M.S. Engineering, Moscow Civil
resident engineer tasks. He has been responsible for preparation of plans, cross -
Certifications
sections, details, and specifications for various civil and landscape projects. Imad has
Engineering Institute
coordinated with other engineering disciplines, responded to plan check comments,
Registrations
and prepared material, take -off and cost estimates.
Engineer in Training (EIT), California
Experience
General Building Contractor License Urban Bicycle Project I Cityof Lynwood, CA
(B)
This project included construction of HMA bike path, curb and gutters, curb ramps,
Reinforced Concrete
retaining walls, concrete swales, concrete box culverts, chain link fence, permeable
Certifications
pavers, installation of removable bollards, gates, main waterline, irrigation, installation
Special Inspector Certificates:
of trees and shrubs, mulch, single and dual ARM Pedestrian, lighting poles and
ACI Field Technician Grade 1
luminaire, furnishing and installing way -finding and interpretive signs, bicycle racks,
Commercial Building Inspector
in
fountains and striping.
9.
Structural Masonry
Maine Avenue Improvement I City of Baldwin Park, CA
Reinforced Concrete
Provided construction inspection of this project.The purpose of the project was
Prestressed Concrete Special Inspector
to create neighborhood -friendly pedestrian and bicycle linkages serving the areas
Associate
surrounding Maine Avenue.The sidewalks were widened by 2 ft, continuously on
ACI Field Technician Grade 1
each side of the roadway; parking lanes have curb extensions at intersections and
intermittent locations. Utilities were placed underground, and the driveway ramps
Division of the State Architect (DSA)
were reconstructed to provide flat sidewalk paths across driveways. Lighting was
Regulations & Procedures (Part I, II, III)
improved and included pedestrian -scale lighting every 75 ft. Intersections were
improved with new crosswalk markings, signal improvements, ADA Ramps, and a
Languages
roundabout at Main Avenue / Olive Street with safety islands for pedestrians and
English (native / professional
bicyclists.
proficiency)
Long Beach Boulevard I Cityof Lynwood, CA
Arabic (native / professional
provided compliance with plans, specifications, and the contract; oversaw traffic
proficiency)
control, and provided daily log and inspection report entries, including pictures
Russian (elementary proficiency)
of the project. Reviewed and reported contractor claims, prepared weekly update
reports, and reviewed contractor's invoices, verified completed work and approved
all quantities. Infrastructure Engineers provided construction management,
inspection, and labor compliance that included roadway resurfacing of 192,779 sq.
ft. with a section of 2 -in AC top course and 1 -in AC leveling course and 40,000 sq. ft.
with a section of 2 -in of asphalt rubber hot mix (ARHM) over 1 / 2 -in SAMI sealant
and 1 -in leveling course. Concrete improvements included 4 -in sidewalk, driveway
approaches, cross gutters, curb and gutter, curb ramps, installation of 16 detectable
warning surfaces on existing curb ramps and construction of six new bus pads.
Pacific Pedestrian & Transportation Improvement I City of Huntington Park, CA
Provided construction inspection, preparation of daily reports, review of change
orders and progress payment requests, coordinated soils testing service and assisted
*Experience prior tojoining the firm
with labor compliance.
Bowman I Engineering Support Services I May27, 2024 17
Imad Zureiqat, M5, EIT (cont.)
Inspector
Mines Avenue Street Improvements I City of Montebello, CA
Construction management and inspection services included construction inspection,
preparation of daily reports, review of change orders and progress payment requests,
and coordinating soils testing services.The project involved roadway improvements,
and pavement rehabilitation with concrete improvements of Frankel Avenue from
Bluff Road to 5th Street and 16th Street from Madison Avenue to Harding Avenue.
Bluff Road Street Improvement I City of Montebello, CA
Infrastructure Engineers was retained by the city to provide design, project
management, bidding, award of contract, construction management and inspection
of the Bluff Road Street Improvement project from Sycamore Street to Date Street (.45
mile).
Maple Ave Street Improvements I City of Montebello, CA
Provided construction inspection of this roadway improvement project. Infrastructure
Engineers prepared plans, specifications and estimates for roadway improvements,
pavement rehabilitation, concrete improvements, ADA improvements and utility
adjustments of Maple Avenue from Washington Boulevard to Mines Avenue.The
pavement analysis and alternate rehabilitation strategies included budget analysis to
complete as much of the street improvements within the fixed project budget.
Citywide Safety Enhancement - Active Transportation Plan (ATP) I Cityof Bell
Gardens, CA
Imad was responsible for inspection of this project, including preparation of daily
reports, review of change orders and progress payment requests.The project area
was comprised of the entire City of Bell Gardens. One of the goals of this project was
to create a bike -friendly environment; to encourage residents, especially students, to
bike to their destinations. The proposed work at various locations included installing
video cameras at several intersections, installing Americans with Disabilities Act
(ADA) -compliant ramps, countdown pedestrian heads, and bike lane signing and
striping on some city streets that met minimum qualification for a bike lane.
Home 2 Suites I City of Montebello, CA
Provided construction inspection for this 203 -room, eight -story hotel.The hotel will
be owned by the city and operated by Hilton.The hotel is expected to generate more
than $1 M to the city's general fund each year.
City Sanitary Sewer System 20% CCN Project I City of Montebello, CA
Responsible for inspection of this project, including preparation of daily reports,
review of change orders and progress payment requests.The project involved
televising and rating of the condition of 20% of the city's sanitary sewer system,
including possible as -needed cleaning and draining.
Bowman I Engineering Support Services I May27, 2024 t6
Imad Zureiqat, MS, EIT (cont.)
Inspector
Bicknell Park Pump Station Project I City of Montebello, CA
Infrastructure Engineers provided project management, bidding, award of contract,
construction management and inspection for the construction phase of Bicknell Park
pump station. Imad was responsible for construction inspection, preparation of daily
reports, review of change orders and progress payment requests.
Various Projects I Carson, CA*
Golden State Water Company. Prepared fire flow requests, invoices, plan checks,
meter service record cards and filing.
Various Projects I Tarzana, CA*
West Valley Investment Group. Supervised construction and safety in seismic retrofit
project in Santa Monica Parking Structure 5. Monitored excavations, poured concrete
for foundations of piers at UCLA tower cooling building.
Various Projects I Harbor City, CA*
Minco Construction. Followed up construction and safety project at Compton College
Stadium renovation; coordinated and managed subcontractors; conducted weekly
construction meetings; prepared RFI, PCO, payment progress, purchase orders, as -
built drawings and take -off.
Various Projects I Irvine, CA*
Penco Engineering. Prepared plans, cross-sections, details, and specifications for
various civil and landscape projects. Coordinated with other engineering disciplines,
responded to plan check comments. Prepared material, take -off and cost estimates.
Bowman I Engineering Support Services I Moy27, 2024 19
Jay Shih, PE, CASp, CBO
Certified Access Specialist
Education Jay Shih is a veteran civil engineer, building official, construction manager, access
M.S. Geotechnical Engineering, specialist, structural and engineering designer and plan checker with 41 years of
University of Sao Paulo experience. Jay has spent his career working for public agencies and consulting
companies providing highly skilled design, building and engineering plan check and
B.S. Civil Engineering, University of Sao construction management of buildings, sewers, storm drains, streets, sidewalk, curb
Paulo ramps, grading and stormwater management.
UCLA Extension in Construction
Experience
Management
Various Projects I City of Corona, CA
Registrations
Certified Access Specialist (CASp) Plans Examiner, Inspector and Instructor. Checks
Professional Civil Engineer:
ADA improvement plans for the City of Corona including 36 city parks restrooms,
California (#46841)
handicap parking, and playgrounds. Inspects various existing city facilities for ADA
compliance and make recommendations on required improvements. Provides
DSA Certified Access Specialist
inspection and certification for completed improvements, including final walk-
(#CASp-683)
through and punch list creation. Provides design consultation and plan review
ICC Certified Building Official (CB)
services, from design through construction documents. Prepares and provides
ICC Certified Fire Marshal (FM)
appropriate training materials for engineering staff, including major updates to
Federal and California ADA codes. Provides technical expertise and expert witness
ICC Certified Building Code Specialist
testimony as needed.
(B8)
ICC Certified Fire Plans Examiner (F3)
Various Projects I Brea, CA
Principal of Building & Safety. Directs and supervises professional and technical
ICC Certified Building Plans Examiner
staff; prepares building and engineering proposals in response to RFPs and RFQs;
(63)
makes hiring and disciplinary decisions; identifies training needs; oversees plan
ICC Certified Commercial Building
check, permitting, and inspection; negotiates, administers, and monitors contracts
Inspector (132)
and agreements. Provides effective leadership with the building and engineering
ICC Certified Residential Plans
departments to achieve project requirements, meets deadlines, satisfies customer
Examiner (113)
and client needs, ensures safe operations, and meets profitability targets. Manages all
aspect of building and engineering plan check, building and engineering inspection.
ICC Certified Residential Building
Provides building standards code, stormwater, and low impact development training
Inspector (B1)
to staff. Checks complex structural, architectural, disabled access, land development,
ICC Certified Building Inspector (B5)
and public improvement plans.
Qualified SWPPP Practitioner &
Various Projects I Cities of Artesia and Baldwin Park, CA
Developer, QSP / QSD (#22265)
City Engineer. Directed and administered all activities of the Engineering Department,
City of Los Angeles Certified Deputy
including planning, designing, and directing construction and maintenance of streets,
Grading Inspector
bridges, pipelines, water and sewer systems. Managed capital improvement projects,
reviewed designs completed by consultants. Monitor stormwater discharge from
MS4, construction activities, and industrial activities into the city's storm drain system
for compliance with NPDES Permit requirements. Reviewed and approved public
improvement and land development plans prepared by private engineers, directed
counter technicians to issue encroachment permits and grading permits, calculated
grading bonds, coordinated inspection and acceptance of such work.
*Experience prior tojoining the firm
Bowman I Engineering Support Services I May 27,2024 20
Jay Shih, PE, CASp, CBO (cont.)
Certified Access Specialist
Various Projects I Cities of Huntington Park, Montebello and Baldwin Park, CA
Building Official. Provided counter plan check and building code consultation;
checked residential and commercial plans, including mechanical, electrical and
plumbing; checked grading, drainage, low impact development, erosion control
and WQMP plans; reviews soil, compaction, hydrology analyses and SUSMP reports;
provided input to Planning Department in the drafting of Conditional Use Permits;
coordinated with City Engineers in the review of tentative and final tract maps, parcel
maps for lot split, and lot merger in compliance with the Subdivision Map Act.
Various Projects I Cities of Rosemead and Lo Puente, CA
Building Official and Principal Plan Check Engineer. Provided counter plan check and
building code consultation; checked residential and commercial plans, including
mechanical, electrical and plumbing; checked grading, drainage, low impact
development, erosion control and WQMP plans; reviewed soil, compaction, hydrology
analyses and SUSMP reports; provided input to Planning Department in the drafting
of Conditional Use Permits; coordinates with City Engineers in the review of tentative
and final tract maps, parcel maps for lot split, and lot merger in compliance with the
Subdivision Map Act.
Various Projects I Cities ofBoldwin Park and Huntington Park, CA
Senior Plan Check Engineer. Provided counter plan check and building code
consultation for the building departments. Checked residential and commercial plans,
including mechanical, electrical and plumbing. checked boundary, topographic, ALTA
surveys, grading, drainage, low impact development, erosion control and WQMP
plans.
Various Projects I City of Costa Mesa, CA
Fire Plans Examiner. Reviewed fire protections plans / systems for code compliance
and for life safety and fire issues including construction type, occupancy type,
interior finish, height and area limitations. identified requirements for fire protection
systems, including fire sprinkler, fire alarm, fire hydrant, fire department connections,
standpipes, and fire pumps, and permits. Reviewed fire protection plans and
related documents for compliance with California Fire Code, NFPA 13,13D and
13R, NFPA 72, policies and jurisdiction requirements for commercial, industrial and
residential buildings. Verified code compliance to protect against hazards of specified
occupancies and uses, such as cannabis extractions which employ Flammable gases
and liquids. Verified special fire protection features, such as fire -resistive materials
and surface treatments, and clearance of combustibles surrounding the buildings
are specified. Verified storage, use and handling of flammable and combustible
liquids and gases are specified and complies with code requirements. Verified water
supplying fire protection systems is sufficient for designed fire flow, with control
monitoring equipment as required by code. Verified sprinklers, standpipes, and
alternate automatic fire extinguishing systems are specified where required. Verified
Bowman I Engineering Support Services I May27, 2024 21
Jay Shih, PE, CASp, CBO (cont.)
Certified Access Specialist
that emergency and standby power are provided for systems egress and occupant
safety. Conducted site inspections of fire protection systems, fire sprinkler and fire
alarm systems to ensure standards of construction and component installations are
safe, in accordance with the approved plans, and in compliance with relevant codes
and regulations. Interacted and assisted applicants, contractors and the public with
concerns and questions regarding plan review and inspection related issues. Assisted
designers and contractors by providing information and interpretations of fire codes
and regulations, recommended necessary changes to design documents as required
to obtain compliance with applicable codes and regulations. Prepared written
correction letters and maintaining and updating records and database information.
Worked with fire and building inspectors to resolve field related code issues and
coordinate activities with other municipal departments as directed. Provided
technical direction and assistance to inspection personnel relating to field problems.
Various Projects I City of Los Angeles, CA*
Director of Engineering Department for the City of Los Angeles Community
Redevelopment Agency in revitalizing blighted communities within the city.
Managed the design and construction of Upper 2nd Street Bridge which connects
the old downtown Los Angeles with Grand Ave. Oversaw staff construction managers
and inspectors in managing construction contracts. Checked tenant improvement,
building rehabilitation, and public works improvement plans prepared by staff
engineers and consultants prior to advertising and bidding construction projects.
Provided construction management services for a new 8,645 sq. ft. Community
Center. Project includes a kitchen, multipurpose rooms, administration offices,
restrooms, game room, concession room, landscaping, irrigation, site walls, site
lighting, and paving.The building is utilizing a dual plumbed system, and the site is
using reclaimed water for irrigation.The project has required close coordination with
SCE, RWQCB, and Los Angeles County Department of Public Health.
Various Projects I City of Los Angeles, CA*
Civil Engineer for the Department of Public Works. Designed seismic retrofits to
strengthen the city's unreinforced masonry buildings. Managed construction of
public improvements including grade separation, bulkheads, trunklines, tilt ups, and
wastewater treatment plants. Checked subdivision maps and metes and bounds
legal descriptions. Designed retaining walls and concrete bulkheads. Prepared
public improvement plans including sidewalks, sewers and storm drains. Performed
construction management of public improvements.
Bowman I Engineering Support Services I May27, 2024 22
Nathan Kirby
Administrative Assistant
Education
Most of Nathan Kirby's career has been spent in service to municipalities in Los
Business Administration, Cypress
Angeles County. He has held positions in which he has been responsible for
College, Cypress, CA
administrative duties related to public works projects, construction and quality
control.
Certifications
Experience
Construction Management, Ashworth
Complete Street Improvements on Maine Avenue Project I Cityof Baldwin Park, CA
College, Norcross, GA
Served as Project Assistant. Scope of work included removal and replacement of
sidewalk, curb and gutter, driveway approach, catch basins, and manholes, rain
garden, landscape, new pavement, which included manhole adjusting and streetlight
system. Responsible for preparations and / or organization of all construction
documents including Contract Change Orders, Meeting Agendas, Progress Payments,
Project Budgets, RFI's, Right of Way Maps, Daily Reports and Weekly Statements.
Garfield Avenue Improvements Project I Cityof Bell Gardens, CA
Served as Project Assistant. Scope of work included removal and replacement
of sidewalk, curb and gutter, traffic loops, regulatory signs, curb ramps, and new
pavement, which included manhole and valve adjusting. Responsible for preparations
and / or organization of all construction documents including Contract Change
Orders, Meeting Agendas, Progress Payments, Project Budgets, RFI's, Right of Way
Maps, Daily Reports and Weekly Statements.
ATP Cycle 2 Uncontrolled Crosswalk Pedestrian Safety Enhancements
Improvements Project I City of Huntington Park, CA
Served as Project Assistant. Scope of work included removal and replacement of
traffic signal systems, vehicle and pedestrian heads, cabinets, controllers, pedestrian
push buttons, curb and gutter, curb ramps, flashing beacon, HAWK signal, street
name signs, traffic striping and tree removal. Responsible for preparations and /
or organization of all construction documents including Contract Change Orders,
Meeting Agendas, Progress Payments, Project Budgets, RFI's, Right of Way Maps, Daily
Reports and Weekly Statements.
Water Main Replacement Project I City of Huntington Park, CA
Served as Project Assistant. Scope of work included removal and replacement of
concrete sidewalk, curb and gutter, driveway approaches, curb ramps, B -in and 10 -in
water main line, water meters, water service lines, tree pruning, and new pavement,
which included manhole and valve adjusting. Responsible for preparations and /
or organization of all construction documents including Contract Change Orders,
Meeting Agendas, Progress Payments, Project Budgets, RFI's, Right of Way Maps, Daily
Reports and Weekly Statements.
*Experience prior to joining the firm
Bowman I Engineering Support Services I May27, 2024 23
Company Qualifications
Company Qualifications
Bowman is a trusted, multi -faceted professional services firm offering a broad range of infrastructure, environmental
management, energy and real estate solutions to both public and private clients across the country. From large commercial
developments, to master planned communities, to local transportation projects, Bowman delivers outstanding project results,
builds long-lasting relationships and leverages the growth of our organization to serve the constantly changing needs of our
clients.
Why We're Different Markets
Headquartered in Brea, CA,
Building Infrastructure
Infrastructure Engineers, a Bowman
• Commercial & Industrial
company provides a breadth of
• Education
professional engineering, planning,
• Government
environmental, geospatial and
• Healthcare & Senior Living
municipal infrastructure services
• Mission Critical
to cities and counties throughout
• Mixed -Use / Multi -Family
Southern and Central California.
• Parks & Recreation
• Residential
As of June 13, 2023, Infrastructure
• Retail
Engineers has officially joined
• Power & Utilities
Bowman. This change provides a
• Renewable Energy
strong foundation for us to merge our
• Transportation
comprehensive skillsets while offering
• Water Resources
the same level of commitment to our
• Mining & Exploration
clients and employees.
• Ports & Harbors
Bowman I Engineering Support Services I Moy27, 2024
Services
• Civil & Site Engineering
• Transportation Engineering
• Mechanical Engineering
• Electrical Engineering
• Plumbing / Fire Protection
• Land Procurement / Right -of -Way
• Commissioning / Energy Efficiency
• Energy Services
• Survey /Geospatial
• Water /Wastewater
• Construction Management
• Environmental Consulting
• Landscape Architecture/ Planning
• Structural Engineering
• Reality Capture
24
Team Members Awards
With more than 90 offices nationwide, we
Zweig Group - Hot Firm's List - #9 (2023)
continue to add staff, services, and locations to
Forbes - Most Successful Small Cap Companies in America - #3 (2023)
continue to provide the best development and
infrastructure services to our clients.
Engineering News Record
#78 -Top 500 Design Firms (2024)
2,100+ Employees
#63 -Top 500 Design Firms Pure Designers (2024)
120+ Fully Equipped Field Survey Crews
#22 -Mid -Atlantic -Top Design Firms (2023)
300+ Professional Engineers
#44 -Southeast -Top Design Firms (2023)
60+ Professional Surveyors
#16 - Southwest -Top Design Firms (2023)
100+ Right -of -Way and Land Professionals
#78 -New York -Top Design Firms (2023)
13 Environmental Specialists
#57 -Texas & Louisiana -Top Design Firms (2023)
90+ Planners and Designers
National Business Journals
20+ Registered Landscape Architects
#8- Washington Bus. Journal Largest Engineering Firm (2023)
#5 -Washington Bus. Journal Largest Landscape Architecture (2023)
#18- Louisville Business First Largest Engineering Firm (2023)
#12 - Philadelphia Business Journal Largest Engineering Firm (2023)
#17 - Phoenix Business Journal Largest Engineering Firm (2023)
#42 - Dallas Business Journal Largest Engineering Firm (2023)
MEP Giants - #88 (2023)
0
0
00
0 00
9
Bowman I Engineering Support Services I May27, 2024 25
One of the key strengths of Bowman is our multi -faceted capabilities, where we can pull from any type of engineering services
that may be needed for the City of Rosemead. Our company can provide project management and construction management
in support of variety of projects. We have reviewed the scope of services, and we are confident that we can assist the city
with any type of project management service that may be required to carry these projects, from planning, through design,
construction and project close-out. Our main team composition for managing and assisting the city's task order will include
Masoud Sepahi, PE, LEED GA as the project manager, supported by a list of qualified and experienced staff, all of whom have
many years of experience managing numerous CIP projects. We also have other qualified project managers, construction
managers and inspectors, which will be available to assist the city with management and inspection staffing for any type
of project. What makes our team unique is our multifaceted make-up and capabilities. Our team to have the advantage of
utilizing our capabilities and resources interchangeably without any barriers.
As the City Engineer, Masoud was responsible for preparation of a financial feasibility of solar photovoltaic, battery energy
storage system and electric vehicle supply equipment for the City of Placentia's City Hall and Police Station. Masoud also
managed the design for the renovation of the City Hall, include a complete replacement of the existing HVAC system, energy
audit and a re -arrangement of the city's Emergency Operations Center (EOC). In addition, Masoud managed the design by a
team of consultants for the city's new Public Safety Center Project, which included a new 19,000 SF facility, shooting range,
Solar and battery storage systems, security fences and equipment and a separate Bulter building for housing the PD's new
evidence storage facility. This facility will be primarily used by the police department, but it is flexible to be used by other
city departments for conducting meetings and training. These projects are very similar to the type of the projects that will be
undertaken by the city, and Masoud's knowledge of various issues involved with design and construction of these facilities
will add value to the city's ongoing efforts.
City of Placentia - Public Safety Building
The following are some of the key challenges, facing the design and construction of the city's Public Safety Center
Rehabilitation.
• Construction Within a Fully Operational Facility: It is important for the project team to build in provisions for the
contractor to keep the entire EOC and the City Hall operational, during the remodeling. These essential city facilities
must be fully operational during the entire construction period. Masoud has managed many projects, including terminal
buildings, conventions centers, city facilities, incorporating phasing plan as part of the design development. This will allow
the contractor to keep essential parts of the building operational, while construction continues with least amount of impact
to the staff and the city's operations.
• ADA Compliance: All projects must be fully ADA Compliant, and our team will ensure that every design is reviewed and
vetted for full compliance with the latest codes and regulations. Every design will be reviewed by Jay Shih, CASp. Jay is
a civil engineer, building official, construction manager, access specialist, structural and engineering designer and plan
Bowman I Engineering Support Services I May27, 2024 - — 26
checker with 41 years of experience. Jay has spent his career working for public agencies and consulting companies
providing highly skilled design, building and engineering plan check and construction management of buildings, sewers,
storm drains, streets, sidewalk, curb ramps, grading and stormwater management. We will make sure that all design work is
fully complaint and defendable in coordination with the city's ongoing ADA transition plan.
• Utility Conflicts: It is very important to identify and show all the existing utilities on the contract documents and to include
provisions in the Contract for the contractor to conduct potholing. It is also important to make sure that the Contractor
conducts this potholing in advance of start of any excavation work. Our team has introduced various safeguards for dealing
with unforeseen utilities that the contractor may encounter during construction. We will include utility investigations and
potholing for all projects that involve sitework to ensure that there are no utility conflicts.
Construction Engineering and In-house Engineering Judgment to Overcome Complex Projects
Being a firm owned and led by engineers, our in-house engineering expertise is invaluable on construction projects for
resolving complex issues under pressure. We know from experience the best way to save money for our clients is to get ahead
and stay ahead of the key project issues. We are able to provide a seasoned staff to conduct a constructability review for every
project we oversee and roll all identified issues into a Risk Management Plan.The plan can be used to ensure that we are
cognizant of all risks ahead of time and have a preemptive plan to manage them with the least impact to the project.
Ability to Handle Project Changes
Two characteristics of our team and key staff that contribute to our success are flexibility and responsiveness. We are well
accustomed to responding to the changing needs of ongoing construction projects. In additions, we are well accustomed to
rapid mobilization of construction field staff, often within one day. Our planning and management ensure that we are always
ready to respond quickly to requests from the field, and we are ready to serve on new projects. We offer the flexibility and
responsiveness needed to support the city on this important project.
Cost Savings Using Multi -Skilled Staff
Infrastructure Engineers offers several proven features and techniques for saving money.To minimize management costs,
Infrastructure Engineers provides staff with multiple skills to complete projects with the smallest possible field team. All of
our on-site field members are selected based upon their ability to provide expertise in multiple disciplines. For example, our
proposed Project Manager, Masoud Sepahi, PE, LEED GA, not only has the expertise overseeing construction projects from
inception to completion, but he is also an exceptional and accomplished civil engineer.
Below is a partial list of municipalities we have served.
City of Adelanto
City of Glendora
City of Placentia
City of Anaheim
City of Hawaiian Gardens
City of Pomona
City of Artesia '
City of Huntington Park
City of Poway
City of Baldwin Park
City of lurupa Valley
City of Rosemead
City of Bell Gardens
City of take Elsinore
City of San Bernardino
City of Brea
City of La Palma
City of San Diego
City of Coronado
City of Lawndale
City of San Jacinto
City of Covina
City of Lynwood
City of Shafter
City of EI Monte
City of National City
City of South EI Monte
City of Escondido
City of Norwalk
City of Westminster
City of Glendale
I City of Pasadena
County of San Diego
Bowman I Engineering Support Services I May27, 2024 27
Staff Augmentation Project / Construction
Management and City Engineering Services
Bell Gardens, CA
r
[A
Client
Description
City of Bell Gardens, CA
Since 2004, we have been providing City Engineering and Project / Construction
Management Services as well as a broad spectrum of public works engineering
Cost
services. We are currently providing Project / Construction Management and
T&M
Inspection of a variety of projects for the City of Bell Gardens, including Maintenance
Yard, facility upgrading, Pavement Rehabilitation, Soil Remediation Projects and many
Schedule
other CIP improvements.
2004 - Present
Services Provided
City Engineering
Project / Construction
Management
Bowman I Engineering Support Services I May27, 2024
28
Staff Augmentation, City Engineering and Plan Check
Services
Baldwin Park, CA
Client
City of Baldwin Park, CA
cost
T&M
Schedule
2014 - Present
Services Provided
City Engineering
Building Inspection
Plan Checking
Description
Since 2014, we have been providing the City of Baldwin Park with Project and
Construction Management, including Plan Check Services.
Our staff served as building official and city engineer in 2018. We have provided over-
the-counter plan check and code interpretation, resolved disputes, checked building
plans including architectural, structural, mechanical, electrical, plumbing, energy,
disabled access, cannabis, and fire. We have also checked grading, drainage, low
impact development, erosion control, and subdivision maps. We worked at the city
until the city hired its own building official, but we continue to check building and
engineering plans on behalf of the city.
Bowman I Engineering Support Services I May27, 2024
29
Sports Complex at John Anson Ford Park
Bell Gardens, CA
Client Description
City of Bell Gardens, CA
The Bell Gardens Sports Complex is located at the John Anson Ford Park, a major
regional park facility in the City of Bell Gardens. We were tasked with designing and
Cost
managing the construction of the new sports facilities, which replaced an old park
SUM
that was dilapidated and functionally outdated. Our team designed the new park,
including three synthetic turf fields, two grass fields, one baseball diamond, one
Schedule
softball diamond, a children's play area and a concession stand.
2009
We provided multi -disciplinary engineering services that included site planning,
design of all structures and fields, preparation of the bid package and assisting the
Services Provided
city with contractor selection. During the construction, we provided construction
Civil Engineering
management, claim management, inspections, fund management and labor
compliance. This project was completed 30 days ahead of schedule and within the
Construction Management and
budget in 2009. Once completed, this project was awarded `Project of the Year" by
Coordination
the American Public Works Association (APWA).
Inspection
Although this project was completed, our team still assists the city with updates to
Labor Compliance
facilities such as replacing the original turf, replacing the 50 -year-old gymnasium
floor and a new lighting system for east side of Ford Park.
Bowman I Engineering Support Services I May27, 2014
30
Susan Rubio Zocalo Park and Civic Center
Baldwin Park, CA
Client
City of Baldwin Park, CA
Cost
$11M
Schedule
2023 - Present
Services Provided
Construction Management and
Coordination
Description
All
Our team provided construction management and inspection for this project. This
transformative project included construction of a new retail building, a new pavilion
with seating and gathering space, grading and re -landscaping of approximately
2.75 acres of land in front of City Hall, removal of street right-of-way, removal and
replacement of sidewalk curb and gutter, accessible ramps, removal and replacement
of asphalt concrete, installation of bike lanes, pedestrian crossing signal and striping.
This project is currently under construction.
Bowman I Engineering Support Services I Moy27,2024
31
Additional Projects
Agency
Project
City of Hawaiian Gardens
Robert Lee Roof Replacement and HVAC replacement
City of Baldwin Park
Architectural & Facilities Services
City of Baldwin Park
Construction Management and Inspection services
City of Bell Gardens
City Hall Council Chambers lighting and remodeling CM and
Inspection services
City of Bell Gardens
Rooting and various City facilities construction management
and project management
City of Bell Gardens
Various Building Roof Replacement PM CM services
City of Bell Gardens
Master plan and conceptual design for the City's proposed
Aquatic Center
City of Bell Gardens
PM CM services for installation of restroom at the AVC Field
Cityvf Lynwood
PM and CM and design for City Hall North renovation
'projects
Bowman I Engineering Support Services I May27, 2024 32
References
References
City of Montebello
Cesar Roldan, Director of Public Works
1600 W. Beverly Boulevard
Montebello, CA 90640
A p:323.887.1460
I T Y OF Me: croldan@montebelloca.gov
CITYi HA Services Provided: Design, Construction Management & Inspection, CIP
r 44 � _ Project Management, Design, Staff Augmentation, Plan Checking
&
� . • _ c am . .
Bowman I Engineering Support Services I May27, 2024
City of Bell Gardens
Bernardo Iniguez, Director of Public Works
8327 Garfield Avenue
Bell Gardens, CA 90201
p: 562.806.7770
e: biniguez@bellgardens.org
Services Provided: Design, City Engineering Services, Construction
Management & Inspection, Project Management, Public Works Plan
Checking
City of Lynwood
Julian Lee, Director of Public Works
11330 Bullis Road
Lynwood, CA 90262
p: 310.603.0220, ext. 837
e: jlee@lynwood.ca.gov
Services Provided: Design, Construction Management & Inspection, Staff
Augmentation, CIP Project Management, Public Works Plan Checking
33
Standard City Contract and Insurance
Requirements
Standard City Contract and Insurance Requirements
Our legal team has reviewed the city's Standard City Contract and Insurance Requirements. We accept the terms and
conditions, and will comply with all aspects of the Agreement
Bowman I Engineering Support Services I Moy27, 2024 34
Addenda Acknowledgment
Addenda Acknowledgment
No Addenda were issued in relation to this RFP.
Bowman I Engineering Support Services I May 27, 2024 35
Cost Proposal
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HOURLY RATESCHEDULE City of Rosemead Bowman
(effective January 1, 2024)
Principal -in -Charge
$365
Civil /Traffic Engineering
$154
Project Manager
$185
Principal Engineer
$180
Senior Engineer
$170
Senior Plan Check Engineer
$175
Plan Check Engineer
$165
Associate Engineer
$155
Assistant Engineer
$140
Engineering Associate
$135
Engineering Assistant
$115
GIS Analyst
$150
CAD Manager
$155
CAD Designer
$110
CADTechnician
$100
Engineering Technician
$105
Principal Traffic Engineer
$185
SeniorTraffic Engineer
$180
Traffic Engineer
$155
Water / Wastewater! NPDES
Senior Water Engineer
$175
Water Engineer
$158
Program Manager(NPDES)
$175
Inspector(NPDES)
$115
Environmental Scientist
$105
Lai SUrveying$tMapp7ng
Project Manager
$185
Licensed Land Surveyor
$185
Survey Analyst
$150
Survey Crew(2-person)$236
Survey Crew (2 -person,
$278
prevailing wage)
Construction Management
Construction Manager
$198
Resident Engineer
$198
Schedule/Controller
$173
Utilities Coordinator
$158
Senior PW Observer/Inspector
$148
Senior PW Observer/Inspector
$199
(prevailing wages)
PW Observer/Inspector
$135
PW Observer/Inspector
$179
(prevailing wage)
Director
Project Manager
Planning Manager
Principal Planner
Planner III
Planner II
Planner I
Planning Technician
Environmental Specialist
Environmental Planner III
Environmental Planner II
Environmental Planner I
Environmental Technician
Munldphignglneerdin ,
Interim City Manager
Assistant / Deputy City Manager
City Engineer
City-Faffic Engineer
Deputy City Engineer
Deputy CityTraffic Engineer
Plan Check Engineer
Plans Examiner
CIP Manager
Office Engineer
Associate Engineer
Engineering Associate
Engineering Assistant
Engineering Technician
Bulid hossety
Building Official / Civil Engineer
Deputy Building Officer
Plan Check Engineer
Landscape Architect
Senior Certified Access Specialist
Certified Access Specialist
Senior Plans Examiner
Plans Examiner
Code Enforcement Manager
Code Enforcement Officer
Senior Building Inspector
Building Inspector
Grading Inspector
Counter Technician
$195
$173
$167
$163
$153
$139
$129
$98
$175
$165
$155
$144
$100
$430
$399
$189
$179
$179
$169
$179
$169
$180
$169
$158
$150
$140
$136
$185
$165
$165
$165
$165
$155
$145
$135
$145
$130
$145
$125
$125
$105
Fire Marshal
$165
Fire Investigator
$154
Fire Plans Examiner
$140
Senior Fire Inspector
$140
Fire Inspector
$125
Counter Technician
$105
Ardlitectural Services
_
Director
$200
Studio Manager
$184
Senior Project Manager/ Senior
$105
Administrative& Clerical
$176
Architect
$108
Project Manager/ Project
$90
Clerk Typist
$155
Architect
Senior Job Captain
$126
Job Captain
$105
Drafter
$90
Program Management/
Public Outreach
Program Director
$184
Web Designer
$150
Media Specialist
$145
Program Coordinator
$135
Photographer
$128
Outreach Specialist
$125
Interpreter/Translator
$125
Production Assistant
$85
Fund Administrator
$138
Labor Compliance Coordinator
$105
Administrative& Clerical
-
Organizer/Supervisor
$108
Administrative Assistant
$90
Clerk Typist
$80
OtherCFwrges
Delivery $110
Mileage (current federal
guideline rate @time of
billing) / mile
Travel Cost+15%
Reimbursements Cost+15%
Additional billing classifications maybe added to the above listthroughout theyear as new positions are created. The above schedule is for straight time. Overtime will be
chorgedot 1.5 Nmes.5undoys and Holidoys are charged ot2.0 times the standard time. Deposition and court appearances will be charged at 1.5 times the listed billing rates.
Bowman I Engineering Support Services I May27, 2024 37
Non -Lobbying Certification
Non -Lobbying Certification
NON -LOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS
The prospective participant certifies, by signing and submitting this document, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any Federal agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, 'Disclosure of
Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Business Name: Bowman Consulting Group Ltd.
Date: 5/15/24
By. Sid Mousavi, Executive
Name and Title of Authorized Representative
Signature of Authorized Representative
Attachment C - Page 1
Bowman I Engineering Support Services I May27, 2024 38
Bowman
Attachment B
Request for Proposal 2024-14
CITY OF ROSEMEAD
REQUEST FOR PROPOSALS NO. 2024-14
ENGINEERING SUPPORT SERVICES
SUBMITTALS:
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids
at: https://pbsystem.planetbids.com/portal/54150/portal-home
Proposals shall be submitted through the PlanetBids Vendor Portal no later than
May 27, 2024, at 10:30 am
CONTACT PERSON:
Danielle Garcia
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
(626) 569-2127, dgarcia@cityofrosemead.org
TO PARTICIPATE IN THIS REQUEST FOR PROPOSAL, PROPOSER'S MUST CREATE AN
ACCOUNT ON PLANETBIDS OR LOG IN TO AN EXISTING ACCOUNT. PROPOSALS MUST
BE RECEIVED ELECTRONICALLY VIA PLANETBIDS. PROPOSALS RECEIVED AFTER
THE TIME AND DATE STATED ABOVE SHALL NOT BE CONSIDERED.
Please direct any questions or concerns regarding this RFP on the City's PlanetBids Vendor
Portal no later than May 8, 2024, at 5:00 pm. Answers to submitted questions will be posted on
Planetbids.
This RFP is posted on the City's website and Vendor Portal Hosted by PlanetBids at:
https:Hpbsystem.planetbids.com/portal/54150/portal-home
Please review the requirements of the RFP and submit your proposal by the date specified.
Issued by:
Danielle Garcia, Public Works Fiscal and Project Manager
City of Rosemead
RFP No. 2024-14 Page 1
CITY OF ROSEMEAD
REQUEST FOR PROPOSALS
FOR
ENGINEERING SUPPORT SERVICES
RFP NO. 2024-14
A. OBJECTIVE
The purpose of this Request for Proposals (RFP) is to select the most -qualified
Consultant to provide Engineering Support Services for various Capital Improvement
Projects. The Engineering Support Services may consist of project management, design
management, construction management, and construction inspection to assist the
City with implementation and monitoring of projects funded using America Rescue Plan
Act of 2021 ("ARPA").
The City is seeking to select a consultant to provide Engineering Support Services for
various ARPA funded Capital Improvement Projects in accordance with the terms of this
RFP. The Consultant is expected to ensure expenditures are allocable, allowable,
necessary and reasonable, and project consultants/contractors adhere to contract terms
and applicable regulations. The selected Consultant shall demonstrate familiarity with all
applicable contract award and monitoring requirements governing the use of ARPA funds.
The Consultant must have proven expertise in the areas of financial and programmatic
performance monitoring.
The selected Consultant shall manage this project from beginning to end, shall manage
and oversee and be primarily responsible for securing (through Public Bidding, Public
Works, and City procurement procedures/requirements) all necessary Construction
Contractors, Suppliers, and Others needed to complete the Project.
B. BACKGROUND OF THE CITY
The City of Rosemead is an urban 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 EI Monte
and South EI Monte on the east. The City is 5.2 square miles in size. Rosemead is a
working-class suburb with a diverse population base. According to the 2020 Census, the
City had a population of 51,185.
C. SCOPE OF SERVICES
The selected Consultant shall provide engineering support services to ensure the
following general summary of the intended resultant work is designed, permitted,
approved, bid, and constructed for each of the City facilities. The City's Capital
Improvement Program includes the following three (3) ARPA funded projects:
RFP No. 2024-14 Page 2
• City Hall Interior Renovation
Project Description: The project scope involves renovation of the City Hall
Basement office area including new paint, flooring, ceilings, lighting, sprinkler
system and redesign offices/cubicles, storage area, restrooms, staff breakroom.
The project is currently in the design phase.
Project Budget: $800,000
• Public Safety Center Rehabilitation
Project Description: The project scope includes design and construction of a
secured parking lot with gated keypad entry and lighting, locker room, redesign of
lobby/public counter, office space and meeting room, new doors, carpeting, paint,
landscaping, monument sign, flagpole, EV charging station, and temporary holding
area for animals. The project is currently in the design phase.
Project Budget: $2,800,000
• Rosemead Park Restroom Renovation
Project Description: The project scope involves renovation of the Rosemead
Park restrooms that are adjacent to the aquatics center. The scope consists of
upgrading deteriorating structures and inclusion of ADA compliant fixtures. The
project is currently in the planning phase.
Project Budget: $340,000
The selected Consultant shall deliver and provide complete and comprehensive
professional engineering support services for multiple City facility capital improvement
projects. The Consultant firm shall be a full-service project manager who shall facilitate
and oversee the planning, design, constructability review, permitting, approval, bidding,
construction, re -occupancy and closeout and of the Projects.
The Consultant shall provide full-service project management for multiple City facility
projects and shall facilitate and oversee and shall secure all permitting and approvals for
the planning, design, estimating, constructability review, permitting, grant and project
budget administration, bidding, construction, as-builts & records, closeout and re -
occupancy of the project. The selected consultant shall manage this project from
beginning to end, and shall manage and oversee and be primarily responsible for
securing (through Public Bidding, Public Works, and City procurement
procedures/requirements) all other State or Federally Licensed (Licensed) Designers
(Architects, Engineers, etc., Design, Design Professionals), Hazardous Materials (HAZ,
Abatement) Consultants and Contractors, as well as all Construction Contractors,
Suppliers, and Others needed to complete the Project.
The Consultant shall provide one Project Management staff member, who is also a full-
time employee of the Consultant firm, assigned overall responsibility of the projects, and
this individual shall be the Consultant's designated point of contact throughout the design,
bidding, construction, and closeout with responsibility for providing comprehensive
Project Management consulting services, project and program management. Consultant
shall provide all estimating (although, estimates shall be initially developed By Others,
RFP No. 2024-14 Page 3
Designers, HAZ/Abatement, Construction Contractors); and, Consultant shall ensure that
all estimates by Licensed Others are signed, sealed, and dated by same Licensed Others.
Consultant shall manage, review, oversee, and help procure the preparation (Design By
Others and Others to provide to the City) Public Works bidding documents and Plans &
Specifications, (P&S), Others Estimating, Quantities, ensure all needed Permitting and
Approvals are secured by Consultant or by Other Consultants or Contractors, Manage
and ensure payments are processed and paid, Construction Contractors' bidder proposal
forms, and related information to allow the City to publicly bid, award, and contract (with
PM's support of said bidding, award, and contracting) for construction of the intended
work.
The following services may be requested of the awarded consultant:
1. Program Management
a. Project execution
b. Federal contract provisions (ARPA) monitoring
c. Labor compliance monitoring
2. Project/Design Management
a. Scope, Schedule, Budget control
b. Professional services contract management
d. Design review, QA/QC
e. Bid Packaging, management and award
f. Cost Estimating
Swing space coordination
3. Construction Management & Inspection
a. Scope schedule, budget, quality and safety control
b. Contract administration
c. Construction safety and compliance
d. Inspection services
e. Project closeout
Additional scope of work will be considered a change order to the initial contract, and the
value will be based on unit prices provided in the submitted proposal, if applicable, and/or
negotiated between the two parties of the contract.
D. PROPOSAL SUBMISSION
The proposal shall be submitted in the following format:
1. A cover letter summarizing the proposal.
2. A statement of qualifications.
3. 3 references.
4. Your company's project approach.
RFP No. 2024-14 Page 4
5. Fees- provide a not to exceed budget for each item described in the above
scope of services.
6. Hourly rates- please provide an hourly rate schedule for all work to be done
within the Scope of Services and for any additional work asked to be
performed by the Director of Public Works.
Electronic proposals will be accepted as follows:
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by
PlanetBids at: https://pbsystem.planetbids.com/portal/54150/portal-home
Proposal submittal due date is:
May 27, 2024, at 10:30 AM.
Late Proposals will not be accepted.
E. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS
City's Standard Services Agreement is provided as Attachment A. Please review and
provide any comments you have. City does not guarantee that any revisions to contract
will be accepted.
F. EVALUATION PROCESS & CONSULTANT SELECTION METHODOLOGY
The City will evaluate the Proposals submitted, and select the most qualified consultant.
In evaluating the Proposals, the City may consider the following factors:
• Completeness of the RFP and compliance with the required format.
• Project understanding and approach to provide the requested services efficiently.
• Experience and qualifications of the project team members.
• Experience and qualifications of the firm.
• Experience in local area and project requirements and process.
• Experience in working as an extension of City staff and providing services in similar
capacities with minimal direction from City staff.
During the evaluation process, the City may also contact listed references (or request
additional references), and include the feedback received in the evaluation factors listed
above as applicable.
Evaluation Criteria
Each Proposal will be evaluated to determine its relative strengths, weaknesses, merits,
and benefits. This technical evaluation will include the degree to which each Proposal
achieves the design goals and objectives established in the RFP and all exhibits and
attachments hereto; conformance to established mandatory criteria, and the degree to
which minimum performance criteria are exceeded by the Proposal. Adherence to
RFP No. 2024-14 Page 5
mandatory criteria will be evaluated first and only those Proposals meeting all mandatory
criteria will be evaluated further. The evaluation process includes the evaluation of both
quantitative and qualitative types of criteria.
During the Proposal evaluation period, City may request clarification or additional
information on a Proposal from any Consultant. Any issues requiring clarification will be
addressed by City as written questions and transmitted to the appropriate Design
Consultant. The Design Consultant will respond to City in writing. Verbal responses will
not be permitted. In any written response to requests for clarification from City, the Design
Consultant will not be allowed to modify or amend its Proposal in any substantive
way. City will consider the information included in any written clarifications requested by
City.
Proposals that meet the submittal requirements will be evaluated by the City based on
the following criteria:
• Demonstrated understanding of the City's needs (20%).
• Design Team's overall qualifications (10%).
• Experience, qualifications, certifications and capability of staff proposed (10%).
• Description of services proposed to implement the Project (10%).
• Quality of the work plan and schedule (10%).
• Life -cycle costs (5%)
• Reasonableness of price (35%).
At the conclusion of the Proposal solicitation period, the City will review each submission,
and then rank the Proposals according to evaluation criteria. The City reserves the right
to verify all information submitted in the Proposal and to conduct independent research
regarding the Design Consultant as part of its evaluation process. Design Consultant's
should note that the lowest cost proposal is not the sole determining factor in the final
selection.
G. PROPOSAL SUBMITTAL FORMAT
Proposal shall be submitted in the format specified below:
Cover Letter: Provide an executive summary of your proposal.
Table of Contents: Provide contents of proposal with page number references for each
proposal section listed below.
RFP No. 2024-14 Page 6
Section 1. Approach, and Scope of Work: Provide your understanding of the project,
scope of work, and describe your approach in providing services.
Section 2. Project Team, Key Personnel and Resumes: Provide an organization chart
showing the names and responsibilities of key personnel and subconsultants. Provide
resumes of all key personnel identified in the organization chart.
Section 3. Company Qualifications: Provide qualifications of your, emphasize similar
services provided, and local experience.
Section 4. References: Provide 3 Public Agency references for similar projects.
Section 5. Standard City Contract and Insurance Requirements: Proposers shall
review the attached Standard City Contract and Insurance Requirements and provide a
statement that they will comply with all aspects of the Agreement or provide any
comments that they would like the City to consider.
Section 6. Addenda Acknowledgement: If any Addenda is issued by the City, they shall
be acknowledged in this section.
Cost Proposal
Submit a not to exceed cost proposal listing a detailed cost for each task and sub -task,
including work classification, rate, and estimated hours for each subtask of work. The
general Scope of Services outlined herein is only provided as a guide in this Request for
Proposals. Consultants shall provide a detailed Scope of Services in their submitted
Technical Proposal as necessary to reflect the method and procedure in which they intend
to provide the required professional services, consistent with the general Scope of
Services.
Provide your firm's current Hourly Fee Rates for staff classifications who might work on
this project.
H. CONTRACT AWARD PROCEDURES
Recommendation of Award
Upon determination of the highest ranked firm, the City will endeavor to negotiate a
mutually agreeable scope of services and fee with the selected firm. If awarded, the
contract will be awarded to the firm selected on the basis of information provided in the
Proposal, the results of the City's research and investigation, and, if conducted, oral
interviews. The City reserves the right to reject all Proposals and to contract for services
in the manner that most benefits the City.
Negotiation
After selection by City of the Design Consultant to be awarded the Design Contract, the
successful Design Consultant will meet with City to review its Proposal, to reconfirm that
the Proposal conforms to all minimum requirements established herein, to clarify any
RFP No. 2024-14 Page 7
items contained herein, and to determine if the Design Consultant is aware of any
ambiguities, inconsistencies, conflicts, errors or omissions in this RFP. The selected
Design Consultant will be required to provide and/or correct any incomplete items.
If the final negotiation of the Design Contract, with the highest ranked Design Consultant,
is not successful, the City reserves the right to terminate the negotiations and begin
negotiations with the next highest ranked Design Consultant. This right shall be continued
until a satisfactory Design Contract can be negotiated or until the City elects to reject all
Proposals.
I. CITY'S RESERVATION OF RIGHTS
City reserves the right to determine, in its sole discretion, whether any aspect of a
Proposal satisfactorily meets the criteria established in the RFP and the right to seek
clarification or additional information from any Design Consultant submitting a Proposal.
City also reserves the right to modify any documents at any time prior to receiving
Proposals and to reject any or all Proposals; to extend the submission due date for the
Proposals; to modify, amend, reissue or rewrite this RFP; and to procure design and
construction services for the Project by other means. In the event the RFP is withdrawn
by City or if City does not proceed for any reason, City shall have no liability to any Design
Consultant, Contractor, Architect, or any other entity for any costs or expenses incurred
in connection with the preparation and submittal of a Proposal.
The City reserves the right to hold discussions and/or negotiations with any of the Design
Consultant in furtherance of the City's evaluation of any Design Consultant's Proposal
and execution of a contract with a Design Consultant. The City will hold these discussions
and/or negotiations in a fair and impartial manner and will not communicate any
confidential information from any Design Consultant to another Design Consultant. In the
event that any questions arise from such discussions and/or negotiations that require
clarification to or modification of the design criteria or performance requirements, the City
will issue an addendum to all of the Design Consultants.
The City reserves the right to waive any informality or irregularity in a Proposal
submitted. A Proposal may be considered non-responsive if:
• Significant elements requested in the RFP are not provided.
• The Proposal fails to meet all mandatory program and performance requirements
of the RFP.
• The Proposal is conditional, incomplete, or if it contains alterations of form,
additions not called for, or other irregularities that may constitute a material change
to the Proposal.
City reserves the right to incorporate any design ideas and/or construction approaches
that are presented by those Design Consultants that are not selected for the Project.
All Proposals submitted by Design Consultant and any other correspondence in
connection therewith will become the exclusive property of the City and will become public
records under the California Public Records Act (Government Code Section 6250 et
RFP No. 2024-14 Page 8
seq.). The City will have no liability to any Design Consultant or other party as a result of
any public disclosure of any Proposal or the Contract.
J. PROTEST PROCEDURES
This section sets forth the protest remedies available with respect to the RFP. Each
prospective consultant, by submitting its Proposal, expressly recognizes the limitation on
its rights to protest contained herein, and expressly waives all other rights and remedies.
Each prospective consultant agrees that the decision on any protest, as provided herein,
will be final and binding on the protestant.
All protests and related statements described in this section shall be submitted to:
City of Rosemead -City Hall
8838 E. Valley Blvd.
Rosemead, CA 91770
Attn: Ericka Hernandez, City Clerk
K. PRE -CONTRACTUAL EXPENSES RESPONDING TO THE RFP PREPARATION
The City is not liable for any pre -contractual expenses incurred by any proposer or by any
selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless
the City from any and all liability, claims, or expenses whosever incurred by, or on behalf
of, the entity participating in the preparation of its response to this RFP. Pre -contractual
expenses are defined as expenses incurred by proposers and the selected consultant, if
any, in:
• Preparing and submitting information in response to this RFP
• Negotiations with the City on any matter related to this procurement
• Costs associated with interviews, meetings, travel or presentations
• All other expenses incurred by a proposer/consultant prior to the date of award
and a formal notice to proceed.
The City reserves the right to amend, withdraw and cancel the RFP. The City reserves
the right to reject all responses to this request at any time prior to contract execution, or
only award a partial.
L. FEDERAL CONTRACT PROVISIONS
Funds from the Coronavirus Local Fiscal Recovery Funds ("CLFRF") will be used to fund
all or a portion of this Contract. The Contractor shall comply with all federal requirements
including but not limited to, the following:
Sections 602 and 603 of the Social Security Act as added by Section 9901 of the
American Rescue Plan Act of 2021, U.S. Department of the Treasury Coronavirus Local
Fiscal Recovery Fund Award Terms and Conditions, Treasury's Final Rule, and CLFRF
reporting requirements, as applicable (collectively, the "CLFRF Compliance
Requirements"). The CLFRF Compliance Requirements are expressly incorporated
herein by reference.
RFP No. 2024-14 Page 9
2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, which is expressly incorporated herein by reference.
Federal Contract Provisions attached hereto as Attachment B — Exhibit "A" and
incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions
stipulated in the Contract, including but not limited to, CLFRF Compliance Requirements,
2 C.F.R. Part 200, and the Federal Contract Provisions.
With respect to any conflict between such federal requirements and the terms herein
and/or the provisions of state law and except as otherwise required under federal law or
regulation, the more stringent requirement shall control.
M. NON -LOBBYING
Proposer shall certify that it will not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Proposer shall disclose any lobbying
with non -Federal funds that takes place in connection with obtaining any Federal award
by Proposer or Proposer's Subcontractors. In accordance with 31 U.S.C. 1352, selected
contractor shall also file a Standard Form -LLL "Disclosure Form to Report Lobbying" at
the end of each calendar quarter in which there occurs any event that requires disclosure
or that materially affects the accuracy of the information contained in any disclosure form
previously filed. Selected contractor shall include this provision in all subcontracts and
require each of its subcontractors to comply with the certification and disclosure
requirements of this provision.
A "Non -Lobbying Certification for Federal -Aid Contracts" (Attachment C) must be
completed, executed, and submitted as part of the proposal or bid.
ATTACHMENTS:
Attachment A — Professional Services Agreement Template and Insurance
Requirements
Attachment B — Exhibit "A" FEDERAL -AID CONTRACT PROVISIONS
Attachment C — Non -Lobbying Certification for Federal -Aid Contracts
RFP No. 2024-14 Page 10
Attachment A - Standard City Contract and Insurance Requirements
Attachment A - Page 1
PROFESSIONAL SERVICES AGREEMENT
[INSERT TYPE OF PROFESSIONAL SERVICE]
[INSERT COMPANY NAME]
PARTIES AND DATE.
This Agreement is made and entered into this this Day of _, 20
(Effective Date) by and between the City of Rosemead, a municipal organization
organized under the laws of the State of California with its principal place of business at
8838 E. Valley Blvd., Rosemead, California 91770 ("City") and [INSERT COMPANY] a
[INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE
PROPRIETORSHIP OR OTHER LEGAL ENTITY] with its principal place of business at
[INSERT ADDRESS] ("Consultant"). City and Consultant are sometimes individually
referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility forthe provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing [INSERT TYPE OF
SERVICE] consulting services to public clients, is licensed in the State of California and
is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such ongoing professional [INSERT
NAME OF PROJECT] ("Services") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services: Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional [INSERT TYPE
OF SERVICES] services necessary for the Project, herein referred to a "Services". The
Attachment A - Page 2
Services are more particularly described in Exhibit [INSERT EXHIBIT LETTER] attached
hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules
and regulations.
3.1.2 Term. The term of this Agreement shall be for a [INSERT WRITTEN
YEARS] [(INSERT YEAR IN NUMBER)] year period from the Effective Date shown
above, with [INSERT WRITTEN YEARS] [(INSERT YEARS)] extension at the sole and
absolute discretion of the City, unless earlier terminated as provided herein. Consultant
shall complete the Services within the term of this Agreement and shall meet any other
established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services: Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Consultant's conformance with the Schedule,
City shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements: All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel: Consultant has represented to City
that 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
Attachment A - Page 3
be entitled to terminate this Agreement for cause. As discussed below, any personnel
who fail or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project or a threat to the safety of persons or property, shall be
promptly removed from the Project by the Consultant at the request of the City.
3.2.5 City's Representative: The City hereby designates the City Manager,
or his or her designee, to act as its representative for the performance of this Agreement
("City's Representative"). City's Representative shall have the power to act on behalf of
the City for all purposes under this Agreement. Consultant shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative: Consultant hereby designates
[INSERT NAME], or his/her designee, to act as its representative for the performance of
this Agreement ("Consultant's Representative"). Consultant's Representative shall have
full authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his/her professional skill and attention, and shall be responsible for all means,
methods, techniques, sequences and procedures and for the satisfactory coordination of
all portions of the Services under this Agreement.
3.2.7 Coordination of Services: Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Consultant represents that
all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from
the City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein.
3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of
and in compliance with applicable local state and federal laws, rules and regulations in
any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be
liable for all violations of such laws and regulations in connection with Services. If the
Consultant performs any work knowing it to be contrary to such laws, rules and
Attachment A - Page 4
regulations and without giving written notice to the City, Consultant shall be solely
responsible for all costs arising therefrom. Consultant shall indemnify and hold City, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any liability to the extent found to be
arising out of any failure to comply with such laws, rules or regulations.
3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for
the duration of this Agreement insurance coverage as specified in Exhibit B attached to
and part of this agreement.
3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of its
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and life saving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation: Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement and shall not
exceed [INSERT WRITTEN AMOUNT] Dollars [(INSERT NUMERIC AMOUNT)] and in
accordance with consultant's proposal dated [INSERT DATE]. Consultant's proposal is
hereby incorporated and found in Exhibit "A". Extra Work may be authorized in writing, as
described below, and will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Payment of Compensation: Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 30 days of receiving
such statement, review the statement and pay all approved charges thereon.
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 anytime 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,
Attachment A - Page 5
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
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
Attachment A - Page 6
provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services: In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices: All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
[INSERT COMPANY NAME]
[INSERT ADDRESS]
Attn: [INSERT PRIMARY CONTACT]
Tel: [INSERT PHONE NUMBER]
CITY:
City of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
Attn: [INSERT CITY CONTACT]
Such notice shall be deemed made when personally delivered orwhen 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.
Attachment A - Page 7
3.5.3.2 Confidentiality: All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use City's name or
insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate
with one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees: If either party commences an action against
the other party, either legal, administrative or otherwise, arising out of or in connection
with this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and all costs of such action as
part of prevailing party's total damages as determined by court of competent jurisdiction
or as agreed upon by the parties in settlement.
3.5.6 Indemnity and Defense.
a. Indemnity and Defense
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless
Agency and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all losses, liabilities, damages, costs and expenses, including legal
counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or
omission of Consultant, its officers, agents, employees or subconsultants (or any agency
or individual that Consultant shall bear the legal liability thereof) in the performance of
services under this agreement. Consultant's duty to indemnify and hold harmless Agency
shall not extend to the Agency's sole or active negligence.
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
Attachment A - Page 8
incurred in the defense of such matters to the extent the matters arise from, relate to or
are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is
not a condition precedent to enforcement of this provision. In the event of any dispute
between Consultant and Agency, as to whether liability arises from the sole or active
negligence of the Agency or its officers, employees, or agents, Consultant will be
obligated to pay for Agency's defense until such time as a final judgment has been
entered adjudicating the Agency as solely or actively negligent. In no event shall the cost
to defend charged to the design professional exceed the design professional's
proportionate percentage of fault.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of the State
of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence: Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants: City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns: This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions: Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed
calendar days and not work days. All references to Consultant include all personnel,
employees, 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.
Attachment A - Page 9
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 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.
Attachment A - Page 10
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]
Attachment A - Page 11
CITY OF ROSEMEAD
Ben Kim, City Manager
rc'VitmA
Date
Ericka Hernandez, City Clerk
Approved as to Form:
Rachel Richman
City Attorney
[INSERT COMPANY NAME]
Name:
Title:
Date
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL
OF CONTRACTOR REQUIRED]
By:
Name:
Date
Title:
Attachment A - Page 12
SCOPE OF SERVICES/ RATE SCHEDULE
Attachment A - Page 13
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 than $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
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
Attachment A - Page 14
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.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with an A.M. Bests rating of A- or
better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by 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 (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
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.
Attachment A - Page 15
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. 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
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
Attachment A - Page 16
of work on the project contemplated by this agreement to self -insure its
obligations to City. If Consultant's existing coverage includes a deductible
or self-insured retention, the deductible or self-insured retention must be
declared to the City. At that time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or
self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to
City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does
it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that
effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A
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.
Attachment A - Page 17
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
Attachment A - Page 18
Attachment B — Federal Contract Provisions
"EXHIBIT A" - FEDERAL CONTRACT PROVISIONS
By execution of this Contract, Contractor hereby certifies that it will comply with the
following provisions required for a federally assisted construction contract.
(a) General Principles: CONTRACTOR shall, comply with generally accepted
accounting principles and good business practices, including all applicable cost
principles published by the Federal Office of Management and Budget (OMB),
including 2 CFR 200 - UNIFORM ADMINISTRATIVE REQUIREMENTS, COST
PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS "The
Uniform Guidance", which can be viewed at https://www.ecfr.gov/current/title-
2/subtitle-A/chapter-ll/part-200 CONTRACTOR shall comply with all federal, State
and other funding source requirements. CONTRACTOR shall,'at its own expense,
furnish all cost items associated with this Agreement except as herein otherwise
specified in the budget or elsewhere to be furnished by CITY. CONSULTANT shall
retain financial records, supporting documents, statistical records, and all other
records pertinent to the proposed services for a period of a minimum of three (3)
years from the expiration of the term of the Master Agreement.
CONTRACTOR shall take reasonable measures to safeguard protected personally
identifiable information and other information designated as sensitive or is
considered sensitive consistent with laws regarding privacy and responsibility over
confidentiality.
CONTRACTOR shall also certify that none of the proposed equipment or services
are produced by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities); or produced by an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country in
accordance with 2 CFR 200.216.
(b) Contracting with Small and Minority Businesses Women's Business Enterprises,
and Labor Surplus Area Firms: CONTRACTOR shall, in accordance with 2 CFR
200.321, take affirmative steps to include minority business, women's business
enterprises, and labor surplus area firm by:
a. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
b. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
d. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises; and
e. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
Attachment B - Page 1
(c) Domestic Preference: CONTRACTOR agrees to use its best efforts to comply with
2 CFR 200.322 to the fullest extent possible consistent with the efficient
performance of this contract and will enact a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States
(including but not limited to iron, aluminum, steel, cement, and other manufactured
products). The requirements of this section must be included in all subawards
including all contracts and purchase orders.
(d) Procurement of Recovered Materials: CONTRACTOR shall comply with 2 CFR
part 200.323. CONTRACTOR shall procure only items designated in guidelines of
the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining
a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000. CONTRACTOR certifies that the percentage of recovered
materials to be used in the performance of this Agreement will be at least the
amount required by applicable specifications or other contractual requirements.
For contracts over $100,000 in total value, CONTRACTOR shall estimate the
percentage of total material utilized for the performance of the Agreement that is
recovered materials and shall provide such estimate to CITY upon request.
(e) Termination for Cause and Convenience: The City may, at any time, terminate this
Contract for the City's convenience and without cause by giving prior written notice
of City's intent to terminate this Contract of which notice shall specify the effective
date of such termination. Upon such termination for convenience, Contractor shall
be compensated only for those services and tasks which have been performed by
Contractor up to the effective date of the termination. Contractor may not terminate
this Agreement except for cause as provided under section 9(b), below. If this
Contract is terminated as provided herein, City may require Contractor to provide
all finished or unfinished products and other information of any kind prepared by
Contractor in connection with the performance of the Work. Contractor shall be
required to provide such products within fifteen (15) calendar days of City's written
request. No actual or asserted breach of this Contract on the part of City pursuant
to Section 9(b), below, shall operate to prohibit or otherwise restrict City's ability to
terminate this Contract for convenience as provided under this Section.
(f) Nondiscrimination Clause: CONTRACTOR shall ensure that services and facilities
are provided without regard to ethnic group identification, race, color, national
origin, creed, religion, age, sex, physical or mental disability, political affiliation, or
marital status in accordance with applicable laws, including, but not limited to, Title
VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal -
Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of
1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order
12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of
the Civil Rights Act of 1964 (42 U.S.0 2000-d); the Age Discrimination Act of 1975
(42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135,
et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6
Attachment B - Page 2
(Section 10800, et seq) of the CCR and California Department of Social Services
Manual of Policies and Procedures (CDSS MPP) Division 21.
CONTRACTOR shall ensure that project activities be accomplished in an equitable
and impartial manner so that no person shall be excluded because of race, color,
gender, or national origin from participation in, or be denied the benefits, or any
program or activity for which federal financial assistance is received (31 CFR Part
22).
(g) Equal Employment Opportunity: During the performance of this contract, the
Contractor agrees as follows:
The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but
not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants
will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
iii. The Contractor will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee
or applicant has inquired about, discussed, or disclosed the compensation
of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access
to the compensation information of other employees or applicants as a part
of such employee's essential job functions discloses the compensation of
such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to
a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or
is consistent with the contractor's legal duty to furnish information.
iv. The Contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the Contractor's commitments under this
Attachment B - Page 3
section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
v. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of
the Secretary of Labor.
vi. The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders
of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the administering agency and the
Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
vii. In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders,
this Contract may be canceled, terminated, or suspended in whole or in part
and the Contractor may be declared ineligible for further Government
Contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
viii. The Contractor will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (viii) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will
be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Contractor may request the
United States to enter into such litigation to protect the interests of the
United States.
Attachment B - Page 4
Attachment C - Non -Lobbying Certification for Federal -Aid Contracts
NON -LOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS
The prospective participant certifies, by signing and submitting this document, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any Federal agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure of
Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Business Name:
Date:
92
Name and Title of Authorized Representative
Signature of Authorized Representative
Attachment C - Page 1
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action
❑ a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f loan insurance
2. Status of Federal Action:
❑ a. bid/offer/application
b. initial award
c. post -award
4. Name and Address of Reporting Entity
0 Prime ❑ Subawardee
Tier � if known
3. Report Type:
❑ a. initial
b. material change
For Material Change Only:
year_ quarter
date of last report
5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Congressional District, if known: Congressional District, if known: _
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applical
8. Federal Action Number, if known: 9. Award Amount, if known:
10.a. Name and Address of Lobby Registrant
(If individual, last time. fust time. MI)
11.
S
10.b. Individuals Performing Services
(including address if different from No. 10)
(last time. first time, MI)
(attach Continuation Sheet(s) if necessary)
Information requested through this form is Signature:
authorized by Title 31 U.S.C. Section 1352. This
disclosure of lobbying activities is a material Print Name
representation of fact upon which reliance was
placed by the tier above when his transaction was
made or entered into. This disclosure is required Title:
pursuant to 31 U.S.C. 1352. This information will
be available for public inspection. Any person who
fails to file the required disclosure shall be subject Telephone No.:
to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Federal Use Only:
Attachment C - Page 2
Date:
Authorized for Local Reproduction
Standard Form — LLL (Rev. 7-97)
INSTRUCTIONS FOR COMPLETING SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal
recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant
to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make
payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in
connection with a covered federal action. Attach a continuation sheet for additional information if the space
on the form is inadequate. Complete all items that apply for both the initial filing and material change report.
Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to
influence, the outcome of a covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material
change to the information previously reported, enter the year and quarter in which the change
occurred. Enter the date of the last, previously submitted report by this reporting entity for this
covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional
District if known. Check the appropriate classification of the reporting entity that designates if it is
or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts,
subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address,
city, state, and zip code of the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one
organization level below agency name, if known. For example, Department of Transportation,
United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known,
enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative
agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification
in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant
announcement number, the contract grant. or loan award number, the application/proposal control
number assigned by the federal agency). Include prefixes, e.g., 'RFP -DE -90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal
agency, enter the federal amount of the award/loan commitments for the prime entity identified in
item 4 or 5.
10. (a) Enter the full name, address, city, state, and zip code of the lobbying registrant under the
Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in Item 4 to influence
the covered federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different
from 10 (a). Enter Last Name, First Name and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
Attachment C - Page 3
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection
of information unless it displays a valid OMB Control Number. The valid OMB control number for this
information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is
estimated to average 10 minutes per response, including time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to the Office of Management and Budget,
Paperwork Reduction Project (0348-0046), Washington, DC 20503.
Attachment C - Page 4
Attachment C
Professional Services Agreement
With Bowman
PROFESSIONAL SERVICES AGREEMENT
ENGINEERING SUPPORT SERVICES
(BOWMAN CONSULTING GROUP, LTD.)
PARTIES AND DATE.
This Agreement is made and entered into this Day of 20_
(Effective Date) by and between the City of Rosemead, a municipal organization
organized under the laws of the State of California with its principal place of business at
8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Bowman Consulting
Group, Ltd. with its principal place of business at 3060 Saturn Street, Suite 250, Brea, CA
92821 ("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 Engineering Support
Services to public clients, is licenced in the State of California and is familiar with the
plans of City.
2.2 Project.
City desires to engage Consultant to render Engineering Support Services
("Services") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional compliance
and support services necessary for the Project, herein referred to as "Services". The
BOWMAN CONSULTING GROUP, LTD.
Page 2 of 11
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 year period
beginning on July 23, 2024, at the sole and absolute discretion of the City, unless earlier
terminated as provided herein. Consultant shall complete the Services within the term of
the Agreement, and shall meet any other established shcedules 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
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
BOWMAN CONSULTING GROUP, LTD.
Page 3 of 11
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 Gerald
Greene, or his 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 best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services: Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff, consultants
and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Consultant warrants that
all employees and subcontractors shall have sufficient skill and 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 all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all costs
arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors,
BOWMAN CONSULTING GROUP, LTD.
Page 4 of 11
officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged
failure to comply with such laws, rules or regulations.
3.2.10 Insurance: Consultant shall maintain prior to the beginning
of and for the duration of this Agreement insurance coverage as specified in Exhibit B
attached to and part of this agreement.
3.2.11 Safety: Contractor shall execute and maintain its work 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
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 Two Hundred Seventy -Four Thousand Eight Hundred Forty Dollars ($274,840) in
accordance with 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 Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 45 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work: At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work
without written authorization from City's Representative.
BOWMAN CONSULTING GROUP, LTD.
Page 5 of 11
3.3.5 Prevailing Wages: Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the
total compensation is $1,000 or more, Consultant agrees to fully comply with such
Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Consultant shall
make copies of the prevailing rates of per diem wages for each craft; classification or type
of worker needed to execute the Services available to interested parties upon request,
and shall post copies at the Consultant's principal place of business and at the project
site. Consultant shall defend, indemnify and hold the City, its elected officials, officers,
employees and agents free and harmless from any claim or liability arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection: Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have
been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents/ Data and other information of any kind prepared by Consultant in connection
with the performance of Services under this Agreement. Consultant shall be required to
provide such document and other information within fifteen (15) days of the request.
BOWMAN CONSULTING GROUP, LTD.
Page 6 of 11
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:
Bowman Consulting Group, Ltd
3060 Saturn Street, Suite 250
Brea, California 92821
Attn: Gerald Greene
Tel: (714) 526-7500
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Noya Wang
Director of Public Works
Tel: (626) 569-2158
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property:
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ("Documents & Data"). Consultant shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Consultant
or provided to Consultant by the City. City shall not be limited in any way in its use of the
Documents and Data at any time, provided that any such use not within the purposes
BOWMAN CONSULTING GROUP, LTD.
Page 7 of 11
intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use City's name or
insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees: If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorney's fees and all costs of such action.
3.5.6 Indemnification: To the fullest extent permitted by law, Consultant
shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and
agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys fees and other related costs and expenses.
Consultant shall defend, at Consultant's own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against City, its directors, officials, officers, employees, agents or volunteers.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any
such suit, action or other legal proceeding. Consultant shall reimburse City and its
directors, officials, officers, employees, agents and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials officers, employees,
agents or volunteers.
BOWMAN CONSULTING GROUP, LTD.
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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.
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
BOWMAN CONSULTING GROUP, LTD.
Page 9 of 11
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 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.
BOWMAN CONSULTING GROUP, LTD.
Page 10 of 11
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]
BOWMAN CONSULTING GROUP, LTD.
Page 11 of 11
CITY OF ROSEMEAD BOWMAN CONSULTING GROUP, LTD.
Ben Kim, City Manager Date
Attest:
Ericka Hernandez, City Clerk Date
61
Name:
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Approved as to Form: By:
Date
Rachel Richman
City Attorney Title:
EXHIBIT A
PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME
A-1
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.
Automobile liability insurance: 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.
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
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.
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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 claim and in the aggregate. The policy must "pay on
behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better
and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by 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.
11WA
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled at any time
and no replacement coverage is provided, City has the right, but not the duty, to
obtain any insurance it deems necessary to protect its interests under this or any
other agreement and to pay the premium. Any premium so paid by City shall be
charged to and promptly paid by Consultant or deducted from sums due
Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Consultant agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation 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.
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13. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part
of City to inform Consultant of non-compliance with any insurance requirement in
no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15.Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A 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
C-4
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.
C-5
Attachment D
Resolution No. 2024-40
RESOLUTION NO. 2024-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, TO AMEND THE FISCAL YEAR 2024-25
CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROPRIATE
ADDITIONAL FUNDS FOR THE CITY HALL INTERIOR RENOVATION
(PROJECT NO. 49018), PUBLIC SAFETY CENTER (PROJECT NO.
31028), AND ROSEMEAD PARK RESTROOM RENOVATION (PROJECT
NO. 41026)
WHEREAS, the City Council adopted the Fiscal Year 2024-25 Operating and Capital
Improvement Program budgets on June 27, 2024; and
WHEREAS, amendments must periodically be made to the budget to conform to changed
circumstances following adoption of the budget; and
WHEREAS, the Fiscal Year 2024-25 budget included funding for City Hall Interior
Renovation Project in the amount of $800,000; and
WHEREAS, funding was not fully allocated in the City's approved 2024-25 Budget thus
requiring a revision to add $55,000 to cover the remaining cost of the project; and
WHEREAS, the Fiscal Year 2024-25 budget included funding for Public Safety Center
Upgrades Project in the amount of $2,800,000; and
WHEREAS, funding was not fully allocated in the City's approved 2024-25 Budget thus
requiring a revision to add $193,000 to cover the remaining cost of the project; and
WHEREAS, the Fiscal Year 2024-25 budget included funding for Rosemead Park
Restroom Renovation Adjacent to the Aquatic Center Project in the amount of $400,000; and
WHEREAS, funding was not fully allocated in the City's approved 2024-25 Budget thus
requiring a revision to add $27,000 to cover the remaining cost of the project; and
WHEREAS, the revised appropriation constitutes an update to the 2024-25 Budget
approved pursuant to Resolution No. 2024-30.
THE ROSEMEAD CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The City Council hereby approves an appropriation in the amount of Two
Hundred Seventy -Five Thousand Dollars ($275,000) in American Rescue Plan Act (ARPA) Funds
to increase funding for the Projects.
SECTION 2: The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 23`d day of July, 2024.
ATTEST:
Rachel H. Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
Steve Ly, Mayor
APPROVED AS TO FORM:
Ericka Hernandez, City Clerk
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution No. 2024-40 was duly adopted
by the City Council of the City of Rosemead, California, at a regular meeting thereof held on
the 23`d day of July, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk