CC - Item 5C - Professional Service Agreement for Building and Safety DivisionROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: MAY 31, 2022
SUBJECT: PROFESSIONAL SERVICE AGREEMENT FOR BUILDING AND
SAFETY DIVISION
SUMMARY
The Building and Safety Division of Community Development serves and protects the public by
ensuring that building construction complies with California Building Standards Code (Title 28,
California Code of Regulations) as well as State safety laws, disabled access, and City
Ordinances. From Rosemead's incorporation in 1959, the County had provided Building and
Safety services until 1981. Since then, the City has been contracting building and safety services
under Professional Service Agreements.
The current Building and Safety Professional Service Agreement with Interwest Consulting
Group was entered into on May 8, 2018, and is scheduled to expire on June 30, 2022. As
directed by City Council at its meeting on February 22, 2022, staff released a Request for
Proposal ("RFP") to ensure that the City obtains the highest qualified consulting services at
competitive costs for upcoming years.
DISCUSSION
Request For Proposal ("RFP")
The RFP for building and safety services was released on March 3, 2022, with posting on the
City's website and open to any interested party. Proposals were due to the City Clerk's Office on
March 17, 2022, where the received submittals remained unopen until after the 3:00 p.m.
deadline. No proposals were received after the deadline. All received proposals are on file with
the City Clerk's, office for public record and review.
As a full-service contract, the terms included the minimum number of full-time staff that must be
assigned to the City, counter service hours, and the requirement of over-the-counter plan check
and building inspection services provided Monday through Thursday between 7:00 a.m. and 6:00
p.m. (including morning inspections on Fridays from 7:00 a.m. and 12:00 p.m.). The minimum
AGENDA ITEM 5.0
City Council Meeting
May 31, 2022
Page 2 of 11
consultant staffing needs are; Certified Building Official (1), Certified Building Inspector (1.5),
Permit Technicians (3), and part-time plan checker (0.5).
The contract service provider is required to provide a part-time employee at City Hall to cover
over-the-counter plan checking services for a minimum of 20 hours a week, 5 hours each day
with specific hours determined as part of the contract. Occasional weekend, holiday, and after -
work hour inspections as needed are also required. As such, the service level would be consistent
with the current operation of the Building and Safety Division. In addition, the contract service
provider is required to provide additional staff, as needed, to meet the demands of an increased
workload.
The City received a strong response to the RFP with eight (8) submittals from the following
firms:
4LEAF, Inc BPR Consulting Group Bureau Veritas
CSG Consultants Interwest Consulting Group Ree Engineering Inc.
Transtech Engineers, Inc. Willdan
Staff thoroughly reviewed the eight (8) proposals and found that all firms demonstrated the
minimum capacity to perform the requested services. The firms showed history and ability to
provide building plan check, inspection, and building division staffing services. However, only
four of the eight firms proposed building plan check and building permit service rates that are
equal to or -lower than the current 47% rate of net revenues.
470%
Proposed Full -Service Fee Schedule
d0%
0% _— -- —
4LEAF BPR Bureau Veritas CSG Interwest Jlee Transtedt Willdan
■ Plan Review 700/6 46% 50% 75°x6 42% 55% 47% 4706
■ Building Permit 0% 46% 50% 65% 42% 60% 47% 47%
0 Plan Review ■ Building Permit
City Council Meeting
May 31, 2022
Page 3 of 11
Responses to the RFP
As noted above, four firms proposed service costs that are the same or lower than the current
47% of net revenue for plan check and building permit services: BPR, Interwest, Transtech, and
Willdan. Staff invited the four firms for an interview and specifically requested that the
proposed staffing for Rosemead attend. The interview panel included: City Manager, Ben Kim,
Director of Public Works, Michael Chung, Director of Parks and Recreation, Tom Boecking, and
Management Analyst, Charlotte Cabeza. It was evident that all four (4) firms demonstrated the
capacity to provide building and safety functions as requested. As such, the interviews were
focused to ensure that the proposed staff for Rosemead were credentialed, qualified, and would
work well with city staff and the public in providing exceptional customer service. The
questions asked included among others:
1. Please briefly introduce your firm, and specifically describe in more detail the proposed
city hall staffing personnel.
2. Please talk about the firm's staffing resources. If the firm's Rosemead assigned staff take
leave (sick, vacation, or other), does the firm have staffing resources to provide
replacement staffing without interruption?
If the City requests the replacement of assigned staff, would the firm have the ability to
immediately provide a replacement?
3. Please describe your proposed compensation structure.
4. Situation Question: The city frequently deals with unpermitted structures. How would
you address the matter and what would be the steps for finding a solution (e.g.,
unpermitted addition to a single-family home)?
The following is a summary of the four firms interviewed:
BRP Consulting Group — BRP was founded by a group of experienced veterans of the building
safety industry with the sole focus of providing thorough and efficient plan review and other
building department services on behalf of California communities. BRP is a relatively new
consulting group, however, the leadership team collectively possesses 100 years of experience.
BRP's proposed fee schedule is 46% of the combined monthly building and plan check fee
revenue for an all-inclusive full-service contract. Staff inquired if BRP would be able to match
the low bidder rate of 42% for years 1 and 2, and 40% for years 3, 4, and 5, and BRP responded
that it would not be able to meet those rates.
City Council Meeting
May 31, 2022
Page 4 of 11
RPR nrnnnsed to assian the fnllnwina staff to Rosemead:
Positioll
Staff Member
Credeijtial(s)
Certified Building Official
Ron Beehler
ICC Certified — Certified Building Official, Building
Plans Examiner; Building Inspector; Building Code
Specialist;
CA registered Professional Civil Engineer; CA
Registered Professional Structural Engineer; CABO
Certified Building Official.
Certified Building Inspector
Landon Collins
ICC Certified — Residential Building Inspector,
Commercial Building Inspector, Building Inspector,
Residential Plumbing Inspector, Residential Electrical
Inspector, Residential Mechanical Inspector, Residential
Combination Inspector, Residential Plans Examiner.
Permit Technician
Alicia Ventura
ICC Certified — Permit Technician
(two staff)
Samantha Barker
ICC Certified — Permit Technician
Certified Plan Checker
Mark Berg
Certified Fire Marshal
ICC Certified — Building Plans Examiner; Building Code
Specialist; Electrical Inspector; Certified Fire Code
Official; Certified Building Official; Plumbing Inspector
UPC; Mechanical Inspector UMC; Fire Plans Examiner;
Building Code Official; Combination Inspector Fire I &
II; Building Inspector; Residential Combination
Inspector; Combination Dwelling Inspector; Fire Code
Specialist; Residential Energy Inspector/Plans Examiner;
Accessibility Inspector/ Plans Examiner; Residential
Plans Examiner; Permit Technician; Permit Specialist;
Master Code Professional; Fire Codes and Standards
Responses for reference were positive with the cities of Gardena, Yountsville, Rancho Cordova,
and Arroyo Grande responding. The cities commented that BPR provided quality services and
meet project deadlines. The City of Arroyo Grande stated that since BPRs onboarding, they have
received fewer complaints which reflects BPR's positive customer service and responsiveness.
The cities all provided positive recommendations for the firm.
Interwest Consulting — Interwest was founded in 2002 and currently serves over 300 public
agencies spanning a multitude of disciplines in building and safety, engineering, information
technology, traffic and transportation, among others. Interwest currently provides Building and
Safety Division functions for the City of Rosemead under an Agreement scheduled to expire on
June 30, 2022. The firm currently maintains a staffing level of 500 employees. Interwest also
provides building services for the cities of Eastvale, Pomona, Lake Forest, Garden Grove, and
Monterey Park.
Interwest's proposed fee schedule is the lowest at 42% of plan check revenue and 42% of
building permit revenue for the first 2 years of the contract. Interwest would lower the
percentage of the fees to 40% for years 3 through 5.
City Council Meeting
May 31, 2022
Page 5 of 11
Interwest ro osed to assign
the followin statt-to
Rosemead:
Positioll
Staff Member
Certified Building Official
Feifei Yuan
ICC Certified — Building Plans Examiner; Certified
Building Official; Commercial Building Inspector;
Accessibility Inspector/ Plans Examiner, Fire Plans
Examiner; Commercial Plumbing Inspector; Legal
Module; Management Module; Commercial Mechanical
Inspector.
Certified Building Inspector
Chris Seely
ICC Certified — Building Plans Examiner; Combination
Inspector, Certified Building Official
Building Inspector
Gary Williams
ICC Certified- Building Inspector, California Commercial
Plumbing Inspector, Commercial Building Inspector,
Residential Building Inspector, Commercial Mechanical
Inspector, Building Inspector, Structural Masonry Special
Inspector, Reinforced Concrete Special Inspector
Associate, Commercial Plumbing Inspector, Commercial
Combination Inspector, Residential Plumbing Inspector,
Plumbing Inspector, Residential Mechanical Inspector,
Mechanical Inspector, Residential Electrical Inspector,
Residential Combination Inspector, Combination
Inspector
Permit Technician
Philip Hou
Tressa Brown
Trameka Gitchuwa
Certified Plan Checker
Mark Hankinson
ICC Certified — Building Plans Examiner; Accessibility
Inspector/Plans Examiner; Building Inspector;
Commercial Building Inspector; Commercial Plumbing
Inspector; Plumbing Inspector; Property Maintenance and
Housing Inspector; Residential Building Inspector;
Residential Mechanical Inspector; Residential Plumbing
Inspector, ICC/AACE Property Maintenance and
Housing Inspector
The City of Lake Forrest responded to our reference check. The city stated Interwest is very
responsive, provides a high level of customer service, and keeps projects on schedule. The city of
Lake Forrest stated they have had a positive experience with Interwest and gave a positive
recommendation.
Transtech Engineers, Inc. - Transtech was founded in 1989, it is a multi -disciplinary
engineering consulting firm. The Transtech team currently manages several building and safety
divisions with different staffing levels and combinations for local agencies in the capacity of
Building Official, Plan Review, Inspection, and Permit Technician services.
City Council Meeting
May 31, 2022
Page 6 of 11
Transtech has been in business for over 32 years, the firm currently provides building and safety
services for several Southern California agencies including the surrounding cities of Temple
City, Monterey Park, South El Monte, and the City of Alhambra.
Transtech proposes service costs at 47% for plan check and building permit fees from $0-
$250,000 and 45% for transactions above $250,000. Transtech would also provide an electronic
plan submittal portal at no cost to the City. Staff inquired if Transtech would be able to match
the low bidder rate of 42% for years 1 and 2, and 40% for years 3, 4, and 5, and Transtech
responded that it would reduce the rate from 47% to 45%.
Transtech ro osed to assign
the following
staff to Rosemead:
Positioll
Certified Building Official
Staff Member
Ayla Jefferson
Credential(s)
ICC Certified -Building Official; Residential Mechanical
Inspector, Accessibility Inspector, Plans examiner, Building
Code Official, Building Plans Examiner, California Residential
Building/Mechanical inspector, California Building Plans
Examiner, California Commercial Plumbing Inspector,
CalGreen Plan Examiner, Certified Sustainability Professional,
California Residential Plumbing Inspector, Plumbing Inspector
UPC, California Commercial Building Inspector, CALGreens
Inspector, Permit Tech, Permit Specialist, Building Code
Specialist, Plumbing Inspector, CALGreen Inspector/Plans
Examiner
Certified Building Inspector
Jonathan Tarango
ICC Certified —Residential Building Inspector, Residential
Plumbing Inspector, Residential Electrical Inspector
Permit Technician
John Tufan
Certified Plan Checker
Jeffrey Kao
ICC Certified — Certified Building Official, CALGreen Plans
Examiner; Plumbing Plans Examiner; CALGreen Inspector,
California Building Plans Examiner; Building Inspector;
Mechanical Plans Examiner; CALGreen Inspector/Plans
Examiner; Fire Plans Examiner
Responses to calls for reference were positive with the cities of Commerce and Bell responding.
The cities commented that Transtech is reliable, responsive, and transparent. Transtech showed
dedication to the city's unanticipated needs and addressed issues in an expeditious matter, kept
projects on schedule, and would communicate with City staff if there were any delays. In
summary, the cities received positive experiences with Transtech and gave positive
recommendations.
Willdan Engineering — Willdan is a long-established and well-known firm in the area for city
building and engineering services. Willdan had previously provided Building and Safety
Division functions for the City of Rosemead until 2018. Willdan provides building services for
several other cities including Goleta, Sierra Madre, San Bernardino, La Puente, and El Monte.
City Council Meeting
May 31, 2022
Page 7 of 11
For a full-service contract, Willdan's proposed fee schedule is 47% of plan check revenue and
47% of building permit revenue. Staff inquired if Willdan would be able to match the low bidder
rate of 42% for years 1 and 2, and 40% for years 3, 4, and 5, and Willdan responded
affirmatively that it would match the rate.
Willrlan nrnnncerl to assiun the fnllowinu staff to Rosemead:
Position
Certified Building Official
Staff Meniber
Tony Weimholt
Credentiall(s)
ICC Certified - Certified Building Official; Building
5,144,699
2,831,060
Plans Examiner, Mechanical Inspector UMC, Building
2,a03,450
1,141,769
Inspector, Plumbing Inspector.
Certified Building Inspector
Alan Cook
ICC Certified — Residential Building Inspector;
26,186,611
66,378,500
Commercial Building Inspector; Building Inspector;
34
75
Building Codes and Standards; Legal; Management
48
27
Module; Certified Building Official
Permit Technician
Stacy Kirk
ICC Certified — Permit Technician
(two staff)
54
36
570
Frank Smith
ICC Certified- Building Inspector; Building Plans
4
7
Examiner
Certified Plan Checker
Richard Kellogg
ICC Certified — Mechanical Inspector; California
2
4
Residential Electrical Inspector; Plumbing Inspector
2
4
UPC; Building Inspector; Residential Plans Examiner.
Responses to calls for reference were positive with the cities of Sierra Madre and Rialto
responding. The cities commented that Willdan provides great service, keeps projects on
schedule, is responsive, and has a good work ethic. The two cities gave positive
recommendations.
Cost Analysis — Full -Service Contract
As noted previously, the proposals include service fees in the 42% to 47% range of the building
plan check and permit fees collected. To analyze the effects of the different rates, staff utilized
calendar year 2021 data to set the basis for the comparison. The following exhibit shows the
project valuation and the number of applications each month.
Valuation
7,592,377
10,755,219
5,144,699
2,831,060
1,793,471
2,a03,450
1,141,769
1,202,948
1,834,439.
2,909,498
2,182,959
26,186,611
66,378,500
Building
34
75
53
48
27
51
29.
30
62
71
54
36
570
Grading
2
4
7
0
1
3
6
2
4
9
2
4
44
Plumbing
3
O
0
7
1
O
O
0
0
0
0
0
11
Electrical
2
11
12
0
15
5
SO
17
16
10
11
3
112
Mechanical
2
1
1
9
1
O
O
0
1
O
0
0
15
Totals
43
91
73
64
45
59
45
49
63
90
67
43
752
Valuation 1 1,483,839 j
1,495,352 1 4,075,389 ( 1,598,178 1 1,308,371 I 4,580,122 1
1,821,979 I 7,490,325 I 3,186,328 j 7,800,446 1 4,861,928 1
1,427,3681
41,129,625
Building j
33!
341
671
40
j
38i
64�
S7j
38�
491
75
56!
29;
560
Grading
0
Oj
3j
Sj
3
31
2j
Sj
1i
9;
3j
41
30
Plumbing 1
20i
12,
32;
14!
201371
17;
24i
28;
49
35i
181
806
Electrical i
31.
28'
60�
31�
28�
691
34
33
54
74I
73i
25!
540
Mechanical!
17i
191
331
20i
141
38'
181
19i
25
50i
31 1
151
299
Structural
7i
51
20i
71
61
21�
9?
5i
lal
35i
- 20j
91
162
T.rak'
1091
gal
2151
1131
1091
2321
117;
_1201
175;
292;
215;
1001
1,897
City Council Meeting
May 31, 2022
Page 8 of 11
Based on the above data, the fees collected for the Year 2021 are as follows.
Plan Check 194,409 172,278 I 102,139 I 66,496 97,870 ! 59,053 1 95,889 96,079 54,242 1 67,193 56,797 944,220 i 1,166,599
Permit I 59,469 i 56,431 144 548 i 66 790 t 57:410 160,800 1 82 514 i 170,868 i 117.177 1 261,049 i 169,910 I 70,674 1,411,028
*Building plan check and permit fees are based on the project valuation, Per Chapter 15.04.030 of the Rosemead
Municipal Code, the City's building services fee is, "....based on the most current fee set forth by Los Angeles
County, Title 26, Fees and shall be increased by fifty (50) percent. "
The following exhibit compares the 2021 calendar year contract costs at the current contract rate
of 47% vs. potential rate of 42%. The difference is $128,882 savings to the City.
Consultant Costs Compare-47%vs. 42%
$3,000,000
$2,577,627
$2,500,000
$2,000,000
$1,500,000 $1,211,485
$1,082,603
$1,000,000
$500,000
2021 Fees Collected 47% 42%
Alternative motions to the Full -Services Contract
As directed by the Council to provide alternative options to a full-service contract, Staff
requested that each proposal include the hourly billing rates ("Option 2") should the City decide
a hybrid service model of part utilizing city positions and supplemented with contract services.
Each of the four firm's proposed rates is as shown below:
Proposed Hourly Rate
$160
$140
$120
$100
$80
$60
$40
$20
$
BPR
Interwest
Transtech
Willdan
■ Building Official
$145
$150
$150
$145
■ Inspector
$120
$105
$125
$95
■ Permit Tech
$80
$75
$75
$75
■ Planchecker
$140
$145
$145
$135
■ Building Official ■ Inspector ■ Permit Tech ■ Planchecker
*Senior level rates for each position
City Council Meeting
May 31, 2022
Page 9 of 11
For further consideration, staff conducted a salary survey of full-time building positions from
surrounding cities should the Council wish to discuss permanent staffing options:
Full -Time Salary Survey
$100
$
145
1 2080
$
301,600
Building Inspector
$
95
1.5 2080
$
296,400
Permit Tech
$
590
3 2080
$
468,000
Plan Checker
$
135
1 2080
$
280,800
S80
$70
$60
550
$40
$30
IA.
$10
ill
$
Fully
Alham
Diamo
EI
La
Monte
Monte
Pico
San
San
Gabrie
Tempi
Avg'
Hourly
Burde
bra
nd Bar
Duarte
Monte
Puent
Bello
rey
Rivera
Dimas
e City
ned
e
Park
I
Rate
Rate
■ Building Official
$-
$-
$
$64
$-
$65
$61
$72
$66
$61
$65
$87
11 Inspector
$-
$-
$
$-
$-
$29
$44
$41
$52
$42
$41
$41
$59
Permit Tech
$-
$38
S32
$35
$-
$21
$34
$31
$35
$39
$-
$33
$49
Plan Checker
8-
$-
$-
$-
$
$41
$47
$46
$47
$48
$-
$46
$64
■ Building Official 0 Inspector i i Permit Tech Plan Checker
*Top step salary
Based on the above -proposed consultant hourly rates and the full-time city staff salary survey,
the estimated alternative option for building services are as follows:
Full -Time Citv S
Building Official $ 87 1 2080 $ 180,000
Building Inspector $ 59 1.5 2080 $ 184,080
Permit Tech $ 49 3 2080 $ 305,760
Plan Checker $ 64 1 2080 $ 133,120
$ 802,960
* It is noted that certain larger projects would require plan check resources that full-time staff naay not be able to
perform due to qualifications needed or volume of work. As such, on-call plan check consultant services for
specialized services would be required adding to the total estimate of $802,960.
Estimate:
Building Official
$
145
1 2080
$
301,600
Building Inspector
$
95
1.5 2080
$
296,400
Permit Tech
$
75
3 2080
$
468,000
Plan Checker
$
135
1 2080
$
280,800
$ 1,346,800
* Similar to the above, additional plan check resources would be required due to specialized qualifications or
volume of work. Staff anticipates that the true costs would exceed the total estimate of $1,346,800.
City Council Meeting
May 31, 2022
Page 10 of 11
CONCLUSION
The City's current all-inclusive building division service costs are 47% of the net plan check and
building permit revenues. The new proposed rates from the above four firms range from 46% to
42% (40% for Interwest and Willdan if the agreement is extended at years 3, 4, and 5). As an
option, the City may elect to hire certain full-time staff positions and contract for part services at
an hourly billing rate.
STAFF RECOMMENDATION
Staff recommends that the City Council discuss the different options as noted above and
authorize the City Manager to finalize negotiations for Building and Safety Division services
as follows:
1. Execute a Professional Services Agreement for a full-service contract with the selected
firm at a not -to -exceed percentage of the net plan check and building permit revenues
as proposed by the selected firm for a term of three (3) years with two (2) one-year
options; or
2. Execute a Professional Service Agreement at proposed hourly rates with the selected firm
for a term of three (3) years with two (2) one-year options.
FISCAL IMPACT
The fiscal impact of this item will depend on action taken by the City Council. The full-service
Building and Safety Professional Service Agreement fees are proposed as a percentage of the
City's building plan check and building permit revenues ranging from 46% to 42% of the plan
check and building permit net revenues, thus the cost of the contract increases or decreases based
on building activity.
The cost of services utilizing the hourly rate option to supplement a City workforce would
depend on the services requested but would be paid at an hourly rate rather than a percentage of
the revenue received by the City. Selecting this option includes the need to implement a city
workforce service model for building and safety services. The estimated cost for the City
workforce would depend on the positions authorized, salary levels approved, benefits selected,
and PERS tier of the employee. Based on current staffing through the contract service and a
recent salary survey, the cost of the City workforce would be approximately $800,000 utilizing
current MOU/Resolution provisions. The cost of this model would not decline based on a
decrease in building activity but could increase if additional contract services are needed for
specialized services or to temporarily fill vacancies.
City Council Meeting
May 31, 2022
Page 11 of 11
STRATEGIC PLAN IMPACT
None.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Jv—
Charlotte Cabeza, Mana ement Analyst
Attachment A:
Draft Professional Services Agreement
Attachment B:
Request for Proposal (RFP)
Attachment C:
Proposal from BPR Consulting Group
Attachment D:
Proposal from Interwest Consulting
Attachment E:
Proposal from Transtech Engineers
Attachment F:
Proposal from Willdan Engineering
Attachment A
Draft Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
[INSERT TYPE OF PROFESSIONAL SERVICE]
[INSERT COMPANY NAME]
1. PARTIES AND DATE.
This Agreement is made and entered into this this Day of , 20
(Effective Date) by and between the City of Rosemead, a municipal organization
organized under the laws of the State of California with its principal place of business at
8838 E. Valley Blvd., Rosemead, California 91770 ("City") and [INSERT COMPANY] a
[INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE
PROPRIETORSHIP OR OTHER LEGAL ENTITY] with its principal place of business at
[INSERT ADDRESS] ("Consultant"). City and Consultant are sometimes individually
referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing [INSERT TYPE OF
SERVICE] consulting services to public clients, is licensed in the State of California and
is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such ongoing professional [INSERT
NAME OF PROJECT] ("Services") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
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
[INSERT COMPANY NAME]
Page 2 of 19
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.
[INSERT COMPANY NAME]
Page 2 of 19
3.2.4 Substitution of Key Personnel: Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Consultant cannot agree as to the substitution of key personnel, City shall
be entitled to terminate this Agreement for cause. As discussed below, any personnel
who fail or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project or a threat to the safety of persons or property, shall be
promptly removed from the Project by the Consultant at the request of the City.
3.2.5 City's Representative: The City hereby designates the City Manager,
or his or her designee, to act as its representative for the performance of this Agreement
("City's Representative"). City's Representative shall have the power to act on behalf of
the City for all purposes under this Agreement. Consultant shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative: Consultant 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
[INSERT COMPANY NAME]
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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
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.
[INSERT COMPANY NAME]
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3.3.2 Payment of Compensation: Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 30 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work: At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work
without written authorization from City's Representative.
3.3.5 Prevailing Wages: Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require
the payment of prevailing wage rates and the performance of other requirements on
"public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and
if the total compensation is $1,000 or more, Consultant agrees to fully comply with such
Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates
of per diem wages for each craft; classification or type of worker needed to execute the
Services available to interested parties upon request and shall post copies at the
Consultant's principal place of business and at the project site. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to comply
with the Prevailing Wage Laws.
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,
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and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have
been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished
Documents/ Data and other information of any kind prepared by Consultant in connection
with the performance of Services under this Agreement. Consultant shall be required to
provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services: In the event this Agreement is terminated
in whole or in part as provided herein, City may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices: All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
[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]
[INSERT COMPANY NAME]
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Such notice shall be deemed made when personally delivered or when mailed, forty- eight
(48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property: This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited
to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement
("Documents & Data"). Consultant shall require all subcontractors to agree in writing that
City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared
by design professionals other than Consultant or provided to Consultant by the City.
The Documents & Data are intended for use solely with respect to the project for which
they were prepared. Any reuse or modification by City shall be at City's sole risk.
3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant
in connection with the performance of this Agreement shall be held confidential by
Consultant. Such materials shall not, without the prior written consent of City, be used by
Consultant for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is 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.
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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
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.
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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 beneficiaries
of any right or obligation assumed by the Parties.
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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.
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3.6 Subcontracting.
3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the
work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
[Signatures on next Page]
CITY OF ROSEMEAD
Ben Kim, City Manager Date
Attest:
Ericka Hernandez, City Clerk Date
Approved as to Form:
[INSERT COMPANY NAME]
By:
Name:
Title:
[If Corporation, TWO
SIGNATURES, President OR Vice
President AND Secretary, AND
CORPORATE SEAL OF
CONTRACTOR REQUIRED]
in
Name:
Rachel Richman Date
City Attorney Title:
[INSERT COMPANY NAME]
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EXHIBIT A
SCOPE OF SERVICES/ RATE SCHEDULE
[INSERT COMPANY NAME]
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EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant will
use existing coverage to comply with these requirements. if that existing coverage does
not meet the requirements set forth here, Consultant agrees to amend, supplement or
endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property damage. The policy
must include contractual liability that has not been amended. Any endorsement restricting
standard ISO "insured contract" language will not be accepted.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non -owned auto endorsement to the general liability policy
described above. If Consultant or Consultant's employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability coverage
for each such person.
Workers Compensation on a state -approved policy form providing statutory
benefits as required by law with employer's liability limits no less than $1,000,000 per
accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-insured
retention for liability not covered by primary but covered by the umbrella. Coverage shall
be provided on a "pay on behalf' basis, with defense costs payable in addition to policy
limits: Policy shall contain a provision obligating insurer at the time insured's liability is
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determined, not requiring actual payment by the insured first. There shall be no cross -
liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of Consultant, subconsultants
or others involved in the Work. The scope of coverage provided is subject to approval of
City following receipt of proof of insurance as required herein. Limits are subject to review
but in no event less than $1 Million per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must include work performed under this agreement. The policy limit shall be no
less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of
the insured and must include a provision establishing the insurer's duty to defend the
Named Insured. The policy retroactive date shall be on or before the effective date of this
agreement.
Acceptable insurers: All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of
insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the Agency's Risk Manager.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
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
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relating to the City or its operations limits the application of such insurance
coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any
exclusion for bodily injury to an employee of the insured or of any contractor
or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Consultant shall
not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall
be delivered to City at or prior to the execution of this Agreement. In the
event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement coverage
is provided, City has the right, but not the duty, to obtain any insurance it
deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Consultant or deducted from sums due Consultant, at
City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City
of any cancellation of coverage. 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.
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10. Consultant agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of
Consultant. Consultant agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Consultant agrees that
upon request, all agreements with subcontractors and others engaged in
the project will be submitted to City for review.
11. Consultant agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance
of work on the project contemplated by this agreement to self -insure its
obligations to City. If Consultant's existing coverage includes a deductible
or self-insured retention, the deductible or self-insured retention must be
declared to the City. At that time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or
self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to
City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does
it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the
agreement is canceled or terminated for any reason. Termination of this
[INSERT COMPANY NAME]
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obligation is not effective until City executes a written statement to that
effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Consultant's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing
or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with
respect to City, its employees, officials and agents.
18. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue, and is not intended by any
party or insured to be limiting or all inclusive.
19. These insurance requirements are intended to be separate and distinct from
any other provision in this agreement and are intended by the parties here
to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by
this agreement. Any such provisions are to be deleted with reference to City.
It is not the intent of City to reimburse any third 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.
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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.
Attachment B
Request for Proposal
CITY OF ROSEMEAD
REQUEST FOR PROPOSAL NO. 2022-06
CITY BUILDING DIVISION SERVICES
TO THE COMMUNITY DEVELOPMENT DEPARTMENT
SUBMITTALS:
Three (3) bound copies and one (1) electronic PDF file on a flash drive of the proposal in a
sealed envelope(s) must be received by the City of Rosemead's City Clerk's Office by
no later than Thursday. March 17, 2022, at 3:00 p.m.
CONTACT PERSON:
Ben Kim, Assistant City Manager/Community Development Director
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
(626) 569-2169
bkim@cityofrosemead.org
PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE
CONSIDERED. FACSIMILE AND E-MAIL PROPOSALS WILL NOT BE ACCEPTED.
INQUIRIES: Direct questions for clarification to Ben Kim at (626) 569-2169
or bkim@cityofrosemead.org
MODIFICATIONS: Any modification of this Request for Proposal will be provided
to consultants who request notification of any modifications.
ISSUANCE DATE: March 3, 2022
City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
INTRODUCTION
Through this Request for Proposal ("RFP") and evaluation process, the City of Rosemead is seeking
qualified consultants interested in providing professional services associated with city building
services. The respondent selected shall hold all applicable and current licenses and/or certifications
for city building services and possess in-depth knowledge of all applicable codes and regulations
(e.g., California Building Code).
The proposals are due no later than March 17, 2022, by 3:00 p.m.
BACKGROUND
The City of Rosemead is a suburb located in the San Gabriel Valley, 10 miles east of downtown
Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the west
by Monterey Park, Alhambra, and the unincorporated Los Angeles County community of South
San Gabriel, on the south by Montebello, plus by EI Monte and South El Monte on the east. The
City is 5.5 square miles in size.
Rosemead is a community with a diverse population base. According to the 2020 Census, the
City had a population of 51,185. The estimated makeup of the City was 14.4% White,
0.5% African American, 61.7% Asian, and 32.6% Hispanic/Latino (of any race).
THE ORGANIZATION
Rosemead operates under the Council/Manager form of government. The City Council is elected
at large to four years, overlapping terms. The Mayor is elected by a majority vote of the City
Council and rotates each year. The City Manager is appointed by and serves at the pleasure of,
the City Council
The Building Division serves under the direction of the Community Development Director. The
Community Development Department combines the functions of Building & Safety, Economic
Development, and Planning Divisions. The following is a table of Building Division activities for
the 2021 calendar year.
Plan check:
- Valuation
$65,236,731
- Plan check fee
$1,166,599
Permits Issued:
- Construction valuation
$39,307,646
- Building
523
- Electrical
506
- Grading
28
- Mechanical
281
City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
- Plumbing
289
- Permit fee
$1,411,028
Number of Inspections
- Building
2,205
- Electrical
1,072
- Grading
101
- Mechanical
391
- Plumbing
716
- Mi c.
366
- Total
4,851
- Daily average
18.6
Building Services is currently provided under a full-service contract at the following levels:
• Certified Building Official (1)
• Certified Building Inspector (1.5)
• Permit Technicians (3)
• Plan checker on premise (0.5)
Service costs:
• Building plan check services — 47% of net revenue
• Permitting -47% of net revenue
OBJECTIVE
It is the objective of this RFP to solicit proposals from qualified professional consultants to augment
Rosemead's Building Division services. This may include a full-service contract with staffing of a
Certified Building Official (CBO), Certified Plan Checker, Permit Technician(s), and Certified
Combination Building Inspector(s), as well as building plan check and permitting services, or any
combination of. Alternatively, the City may elect a part service level contract which may include
only plan check services, certain staffing levels, or any combination. The RFP process and proposals
received will assist the City in determining the final service required.
The length of the professional service agreement and the level of service shall be at the sole and
absolute discretion of the City.
SCOPE OF SERVICES
The Consultant is requested to provide Building and Safety services as requested by the City as
required for enforcement of the State and City's building laws and codes. In the performance of
such work, the official(s), plan reviewers, and building inspectors of the Consultant would have
the powers, duties, and discretion of the City's Building Department under the direction of the
City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
Community Development Department Director. The following includes, but is not limited to, the
scope of services:
Full -Time Dedicated City Hall Staff
1. Certified Building Official
2. Certified Combination Building Inspector
3. Permit Technician(s)
In addition, the Consultant will be required to provide additional staff, as needed, to meet the
demands of an increase workload.
The Certified Building Official will be required to attend City Council and/or Commission
meeting(s) on an as -needed basis.
Part -Time Dedicated City Hall Staff
1. Over the Counter Plan checking Services — Minimum of 20 hours a week in City Hall.
Monday through Thursday, five -hours each day (specific city hall hours would be determined
as part of the contract).
Plan Review/Plan check Services
Consultant would provide inclusive plan and document review services to the City for compliance
with the building laws of the City and State as part of the Rosemead Building Division permitting
process. The services would include all disciplines required for building permit issuance, including
but not limited to, Building, Plumbing, Electrical, Mechanical, Green Building, Energy Conservation,
Geotechnical, and Seismic. When submittals are approved, the Consultant would approve the plans
and documents, and forward them to the City for permit issuance. The Certified Building Official
would oversee all plan review/plan check and shall ensure full compliance with all Federal, State,
and local codes.
Consultants would be required to provide daily transportation of all plans for outside plan checking
services that exceed the capability of the onsite staff to properly provide plan check services in a
timely manner from and to City Hall.
Inspections
Consultant would furnish Certified Combination Building Inspector(s) to perform all Building Division
inspections. Inspection services would be provided Monday through Thursday between 7:00 a.m.
and 6:00 p.m., and on Fridays from 7:00 a.m. and 12:00 p.m. Normal City Hall hours are Mondays
to Thursdays between 7 a.m. and 6 p.m.; City Hall is closed on Fridays. The following holidays are
excluded:
City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
New Year's Day
Martin Luther King, Jr. Day
President's Day
Cesar Chavez Day
Memorial Day
Juneteeth
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Eve
Christmas Day
Consultants would be required to provide occasional weekend, holiday, and after -work hour
inspections as requested by the City Manager or designee.
City Hall Public Counter Coverage
The Consultant would provide counter coverage Monday through Thursday between the hours of
7:00 a.m. and 6:00 p.m. In addition, over-the-counter plan check services would be provided at a
minimum of Monday through Thursday, five hours each day.
No Fee/City Protects
Consultants would be required to process and inspect at no fee City projects.
Disaster Safety Assessment
Consultants would be required to provide disaster safety assessments of all buildings in the event
of a disaster as requested by the City Manager or designee. In addition, the Consultant would be
required to provide emergency inspections, as needed, due to natural or manmade disasters
(e.g., fire, auto accident, etc.) during non -City Hall hours.
Reports
Consultant would be required to produce annual, monthly, and daily reports as needed for Building
Division function, such as:
Building Division Activity report and summary of plan checks, permits, and inspections.
Strong Motion Instrument Program (SMIP) report, and the Green Fee report and Cover
Letter quarterly or as otherwise required by the State.
• Congestion Management Program report.
Invoice
Consultant would be required to submit monthly Building Division report and Permit Activity report
along with monthly invoice based on the approved all-inclusive percentage fee split. Charges in
addition to the all-inclusive percentage fee (full-service contract) will not be accepted or approved
by the City.
City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
Other Services
The consultant would be responsible for all correspondence related to activities of the Building and
Safety Division. In addition, the Consultant would respond to complaints, perform investigations,
provide problem -solving methods for unique or challenging plan check or code interpretation issues,
provide report writing and policy & procedure recommendations, and attend City Council and
Commission meetings as requested by the City Manager or designee.
COMPENSATION — Proposals shall include both options as listed below.
Option No. 1—Full-Service Contract:
All compensation (comprehensive including staffing and materials) shall be based on a percentage
of the monthly net revenues for the Building Plan check and Building Permit fees collected. The
proposal shall include the following compensation schedules:
1. Plan check Services percentage fee schedule from net monthly revenue collected. Plan
check Services shall include over-the-counter plan check services Monday through Thursday,
five hours each day.
2. Building Inspection Services percentage fee schedule from net monthly revenue collected.
Building Inspection Services shall include services provided by the Certified Building Official,
Certified Combination Building Inspector, and Permit Technician.
The "net revenue" consists of the base plan check and building permit fees as established by the
most current Rosemead Comprehensive Schedule of Fees and Charges. The net revenue does not
include added fees or charges, such as fines, penalties, and others where no added service is
provided by the Consultant. For example, the net revenue does not include double fee fine for
construction without a permit. Any plan check or permit refund issued by the City shall be
accounted for in the net revenue calculation.
In extraordinary cases where the City requests other services not included in the Agreement, the
Consultant shall obtain prior approval from the City Manager or designee for services to be
performed. The City shall be in no obligation to provide compensation for work performed without
advance approval. The Consultant shall include the current hourly rates in the proposal.
Option No. 2 — Part Service Contract:
Alternatively to a full-service contract (above), the City may elect a part service level contract which
may include only plan check services, certain staffing levels, or any combination of. The proposal
shall include an outline of the proposed compensation schedule based on a percentage of the
monthly net revenues or hourly rate compensation schedule for classifications.
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City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
City of Rosemead reserves the right to award a Professional Service Agreement to one consultant
to perform both the Plan check Services and Building Inspection Services (as described above) or
retain separate consultants for each service.
LENGTH OF CONTRACT
The contract(s) for building services will be for a three (3) year time period with the option for up to
two (2) one-year extensions at the sole and absolute discretion of the City.
CITY'S RESPONSIBILITY
Upon awarding of the contract, the City shall provide the selected consultant with any pertinent
ordinances and resolutions or any other information mutually agreed upon that will assist the
consultant with the completion of the contract requirements.
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City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
PROPOSAL CONTENT/FORMAT
The consultant shall submit a comprehensive proposal, as follows:
1. Cover letter.
2. Name and address of consultant (please include the address of local office, if applicable).
3. The principal contact person that the consultant will assign to the Rosemead account.
4. A description of your understanding of the project.
5. Experience and qualifications of the consultant and personnel assigned to the City, including
resumes, certification(s), and description of relevant similar projects. The City reserves the
right and sole discretion to reject any of the firm's personnel. After the proposal deadline,
the substitution of consultant's personnel may only be made with the permission of the City.
6. A reference list of at least three (3) other public agencies, including the contact person's
name and phone number, to who the consultant currently provides municipal building
services.
7. A list of any pending or previous litigation over the past five (5) years related to your
firm's work, and the outcome of any closed claims or cases.
8. Compensation schedule. Both Option No. 1 and Option No. 2 as described prior in the
"COMPENSATION" section.
The consultant acknowledges that the submittal of a proposal constitutes acceptance of and a
willingness to comply with all of the terms, conditions, and criteria contained within this RFP.
Proposals not in compliance with the terms and conditions contained herein may be cause for
rejection. The City reserves the right to interpret or change any provision of this RFP at any time
before the proposal submission due date. Such changes or interpretations will be in the form of an
addendum.
PROPOSAL EVALUATION AND CRITE
Proposals will be evaluated on the proposer's ability to provide services that meet the requirements
set forth in this RFP. The City reserves the right to make such investigations as it deems necessary
to determine the ability of the proposer to provide services meeting a satisfactory level of
performance in accordance with the City's requirements. The proposer shall furnish such
information and data for this purpose as the City may request, at no cost to the City. Interviews and
presentations by one, several, or all of the proposers submitting a proposal may be requested if
deemed necessary to fully understand and evaluate the proposer's capabilities and qualifications.
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City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
The adequacy, depth, and clarity of the proposal will influence, to a considerable degree, its
evaluation. The final selection of the consultants will be based on the following criteria:
1. Understanding the scope of work.
2. Quality of proposal.
3. The ability of the consultant to provide the full range of requested services.
4. Demonstrated professional skills and credentials of staff to be assigned to this agreement.
5. Related experience of the firm.
6. Consultant's ability to execute the contract in a timely manner
7. References.
8. Costs as compared to related service requirements (lowest cost will not be the sole determining
factor).
The award of a contract will be based on a combination of the aforementioned criteria and costs.
DISCRETION AND LIABILITY WAIVER
1. Proposers shall carefully read the information contained in this RFP and submit a complete
response to all requirements and questions as directed. Incomplete proposals may be
considered non-responsive and may be rejected at the City's discretion.
2. All information, documentation, and other materials submitted in response to this solicitation
are considered non -confidential and/or non-proprietary and are subject to public disclosure
after the solicitation is completed.
3. Proposers shall prepare and develop proposals at their sole cost and expense.
4. The City makes no representations of any kind that an award of a contract will be made as a
result of this RFP or subsequent RFP. The City reserves the right to accept or reject any or all
proposals, waive any formalities or minor technical inconsistencies, and/or delete any
item/requirements from this RFP when deemed to be in City's best interest.
5. Failure to comply with all requirements contained in this RFP may result in the rejection of a
proposal.
6. A proposal may be modified or withdrawn in person at any time before the scheduled due
date, provided a receipt for the withdrawn proposal is signed by the proposer's authorized
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City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
representative. The City reserves the right to request proof of authorization to withdraw a
proposal.
7. The City may evaluate the proposals based on the anticipated completion of all or any portion
of the project. The City reserves the right to divide the project into multiple parts, to reject
any and all proposals and re -solicit for new proposals, or to reject any and all proposals and
temporarily or permanently abandon the project.
8. The City may, in the evaluation of proposals, request clarification from proposers regarding
their proposals, obtain additional material or literature, and pursue other avenues of
research as necessary to ensure that a thorough evaluation is conducted.
9. By submitting a proposal in response to this RFP, the consultant accepts the evaluation
process, acknowledges and accepts that determination will require subjective judgments by
the City, and waives all right to protest or seek any legal remedies whatsoever regarding any
aspect of this RFP.
10. The City of Rosemead expects the highest level of ethical conduct from proposers, including
adherence to all applicable laws and local ordinances regarding ethical behavior.
11. If an agreement cannot be reached with the highest -ranked proposer, City reserves the right to
terminate negotiations with that party and enter into negotiations with the next highest -ranked
proposer.
12. Finalists in the selection process may be asked to attend an interview once the RFP process
is complete.
13. Acceptance of any proposal is contingent upon the proposer's certification and agreement by
submittal of its offer, to comply and act in accordance with all provisions of the City's
Municipal Code.
All proposals submitted shall be binding for 90 -days from the date of submittal.
DRAFT AGREEMENT
Included with this RFP as "Attachment A" is a DRAFT Professional Services Agreement that will be
utilized for this contract. Consultants are asked to review the draft agreement and note any
objections and/or corrections as part of their proposal submittal and to pay particular attention to
the insurance requirements specified in the agreement. It should be noted that this Agreement is
subject to change and revision pursuant to review by the City Attorney.
The proposal process, contract negotiations and execution, and subsequent actions will be
conducted by the City in accordance with applicable law. Consultants should carefully review
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City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
this document, which constitutes the formal RFP, to ensure a clear understanding of the City's
needs and objectives and scope of work.
DIRECTIONS FOR SUBMITTAL OF PROPOSAL
Deadline: Proposals must be received by the City Clerk's Office no later than March 17, 2022, 3:00
p.m.
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City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
"ATTACHMENT A"
CITY OF ROSEMEAD
DRAFT PROFESSIONAL SERVICES AGREEMENT
(To be Finalized)
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City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
DRAFT Attachment "A"
CITY OF ROSEMEAD
PROFESSIONAL SERVICES AGREEMENT NO.
BY AND BETWEEN
CITY OF ROSEMEAD
AND
**CONSULTANT'S NAME**
This agreement ("Agreement") is made as of date by and between the City of Rosemead, a
municipal corporation ("City") and **consultant's name** ("Consultant"). City and Consultant are
sometimes hereinafter individually referred to as a "Party" and collectively referred to as the
"Parties."
RECITALS
WHEREAS, the City desires to utilize the services of Consultant as an independent
contractor to provide **enter scope** consulting services to the City as set forth in the attached
Exhibit "A;" and
WHEREAS, the Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education, certification, license, and expertise of
its principals and employees.
NOW THEREFORE, in consideration of performance by the Parties of the covenants and
conditions herein contained, the Parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be performed by
Consultant are as described in Exhibit "A."
B. Time of Performance. Consultant shall complete the specific services according to
the schedule of performance which is also set forth in Exhibit "A."
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City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
2. Term of Agreement.
This Agreement shall commence on date (the "Commencement Date") and shall terminate
effective date or unless terminated by either party or parties as set forth pursuant to the provisions
of this Agreement and Exhibits.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in compliance
with the schedule set forth in Exhibit "A". Payment will be made only after submission of proper
monthly invoices in the form and manner specified by City. City shall endeavor to pay invoices
bearing correct and authorized charges within 30 -days of the date they are received; however,
Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot
guarantee that payment will occur within this time period. City shall not be responsible to
Consultant for any additional charges, interest or penalties due to a failure to pay within such
period.
B. Total payment to Consultant pursuant to this Agreement shall not exceed enter
amount. Compensation shall be payable as set forth in the Compensation Schedule in the attached
Exhibit "A".
4. General Terms and Conditions.
The General Terms and Conditions set forth in Exhibit "B" are incorporated as part of this
Agreement. In the event of any inconsistency between the General Terms and Conditions and any
other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear
from the context that both Parties intend the provisions of the other exhibit(s) to control.
5. Addresses.
City: City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Consultant: name
address
6. Exhibits.
All exhibits referred to in this Agreement are listed here and are incorporated and made part of
this Agreement by this reference.
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City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
Exhibit "A": Scope of Services, Time of Performance and Compensation Schedule.
Exhibit "B": General Terms and Conditions.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.
CITY OF ROSEMEAD
("CITY")
City Manager
Date:
ATTEST:
COMPANY NAME
("CONSULTANT")
Principal Name
Title
Date:
APPROVED AS TO FORM:
Ericka Hernandez, City Clerk Rachel Richman, City Attorney
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City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
EXHIBIT "A"
SCOPE OF SERVICES, TIME OF PERFORMANCE
AND COMPENSATION SCHEDULE
TBD
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City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of
City as an agent. Neither City nor any of its agents shall have control over the conduct of
Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall
not, at any time, or in any manner, represent that it or any of its agents or employees are in any
manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under
this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. In the event that City is audited by any Federal or State agency the
validity of a wholly independent contractor relationship between City and Consultant, then arising
out of such audit and any appeals relating thereto.
C. Consultant shall not be entitled to retirement, medical, dental or other benefits
provided to employees of the City.
D. In the event that Consultant, or its employee, agent, or subcontractor providing
services under this Agreement, claims or is determined by a court of competent jurisdiction or
the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS
as an employee of the City, Consultant shall indemnify, defend, and hold the City harmless for
the payment of any employee and/or employer contributions for PERS benefits on behalf of
Consultant or its employees, agents, or subcontractors, as well as for the payment of any
penalties and interest on such contributions, which would otherwise be the responsibility of the
City.
2. Standard of Performance
A. Consultant shall perform all work to the highest professional standards and in a
manner reasonably satisfactory to the City Manager or designee. The City Manager or designee
may from time to time assign additional or different tasks or services to Consultant, provided
such tasks are within the scope of services described in Exhibit "A." However, no additional or
different tasks or services shall be performed by Consultant other than those specified in Exhibit
"A," or those so assigned in writing to Consultant by the City Manager or designee.
B. The City Manager shall administer this Agreement and provide for immediate
supervision of Consultant with respect to the services to be provided hereunder.
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City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services
and duties agreed to be performed under this Agreement, and City is relying upon the skill and
knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents,
employees and volunteers (individually and collectively, "Indemnities") shall have no liability to
Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold
harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action,
proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature,
including reasonable attorney's fees and disbursements (collectively "Claims"), which Indemnities
may suffer or incur or to which Indemnities may become subject by reason of or arising out of any
injury to or death of any person(s), damage to property, loss of use of property, economic loss or
other loss occurring as a result of or allegedly caused by the Consultant's negligent or willful acts.
Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring
as a result of the City's sole negligence or willful acts or omissions.
4. Insurance.
A. Without limiting Consultant's indemnification of Indemnities pursuant to Section
3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during
the term of this Agreement the types and amounts of insurance as described below:
(i) Consultant shall procure and maintain at all times during the term of this
Agreement, full coverage automobile insurance, of which a copy of such policy shall be delivered
to City upon demand. Consultant shall provide general liability in the amount not less than One
Million Dollars ($1,000,000.00). Moreover, Consultant shall procure and keep in force for the
duration of this Agreement professional liability insurance in the minimum amount not less than
One Million Dollars ($1,000,000.00) per occurrence to protect the Consultant from errors and
omissions, to which Consultant will deliver to City a Certificate of Insurance evidencing such
insurance coverage prior to City's execution of this Agreement. Each of the policies shall be
issued by an insurance company which is admitted to do business in the State of California, and
name and list the City of Rosemead as an additional insured. Insurance policies shall provide that
the insurance coverage shall not be cancelled or reduced by the insurance carrier without the
City of Rosemead having been afforded ten (10) days written notice prior thereto by the carrier.
The Consultant agrees it will not cancel or reduce said insurance coverage. The requirement as
to the types of insurance to be maintain by the Consultant are not intended to, and shall not in
any manner limit Consultant's liabilities and obligation under this Agreement.
(ii) Workers' Compensation insurance on a state approved policy form providing
statutory benefits as required by law with employer's liability limits no less than $500,000 per
accident for all covered losses.
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City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
B. City, its officers, officials, employees and volunteers shall be named as additional
insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California with a Best's rating of no less than A:VIII.
D. All insurance policies shall provide that the insurance coverage shall not be non -
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insured's to the policy) by the insurance carrier without the insurance carrier giving City thirty
(30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City
via certified mail, return receipt requested, addressed to "City Clerk," City of Rosemead, 8838 E.
Valley Blvd., Rosemead CA 91770. Consultant agrees that it will not cancel, reduce or otherwise
modify said insurance coverage.
E. Consultant shall submit to City (i) insurance certificates indicating compliance with
the minimum worker's compensation insurance requirements above, and (ii) insurance policy
endorsements indicating compliance with all other minimum insurance requirements above, not
less that one (1) day prior to beginning of performance under this Agreement. Endorsements
shall be executed on City's appropriate standard forms entitled "Additional Insured
Endorsement".
F. The Consultant's insurance shall be primary as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees and volunteers shall be excess of the Consultant's insurance and
shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and
effect, and such insurance is available at a reasonable cost, City may take out the necessary
insurance and pay the premium thereon, and the repayment thereof shall be deemed an
obligation of Consultant and the cost of such insurance may be deducted, at the option of City,
from payments due Consultant.
5. Confidentiality.
Consultant in the course of its duties may have access to confidential data of City, private
individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or
other information developed or received by Consultant or provided for performance of this
Agreement are deemed confidential and shall not be disclosed by Consultant without written
authorization by City. City shall grant such authorization if disclosure is required by law. All City
data shall be returned to City upon the termination of this Agreement. Consultants' covenant under
this section shall survive the termination of this Agreement.
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City of Rosemead — City Building Division Services Request for Proposal No. 2022-06
6. Ownership of Work Product.
All reports, documents or other written material developed by Consultant in the performance of
this Agreement shall be and remain the property of City without restriction or limitation upon its
use or dissemination by City. Such material shall not be the subject of a copyright application by
Consultant.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the services to be performed by Consultant
under this Agreement, or which would conflict in any manner with the performance of its services
hereunder. Consultant further covenants that, in performance of this Agreement, no person having
any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of
having any interest that would conflict in any manner with the performance of its services pursuant
to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or otherwise,
to or from the ultimate vendor(s) of services to City as a result of the performance of this
Agreement, or the services that may be procured by the City as a result of the recommendations
made by Consultant. Consultant's covenant under this section shall survive the termination of this
Agreement.
8. Termination for Cause.
A. Termination for Cause. Should Consultant fail to perform any of the
obligations required of Consultant within the time and in the manner provided for under
this Agreement within seven (7) days after receipt from City of a written notice of such
default, or should Consultant violate any of the terms and conditions of the Agreement,
City may terminate this Agreement with cause upon thirty (30) days' written notice to
Consultant. The effective date of termination shall be upon the date specified in the
notice of termination. Consultant agrees that in the event of such termination, City's
obligation to pay Consultant shall be limited to payment only for those services
satisfactorily rendered prior to the effective date of termination. Immediately upon
receiving written notice of termination, Consultant shall discontinue performing services,
preserve the product of the services, and turn over to City the product of the services in
accordance with written instruction of City.
B. Termination for Convenience. City may, in its sole discretion, 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, (5) days' before the effective date of such termination. Upon
the effective date of termination, Consultant shall immediately cease performance of any
and all Services under this Agreement. Consultant may not terminate this Agreement
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except for cause.
9. Personnel.
Consultant represents that it has, or will secure at its own expense, all personnel required to
perform the services under this Agreement. All of the services required under this Agreement will
be performed by Consultant or under its supervision, and all personnel engaged in the work shall be
qualified to perform such services. Consultant reserves the right to determine the assignment of
its own employees to the performance of Consultant's services under this Agreement, but City
reserves the right, for good cause, to require Consultant to exclude any employee from performing
services at any period under this Agreement. All Consultant's employee performing services under
this Agreement shall be approved by the City and substitution of Consultant's employee shall be
approved in advance by the City in writing at its sole discretion.
10. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include
but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on
behalf of Consultant state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or
sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this Agreement except contracts or subcontracts for standard commercial
supplies or raw materials.
11. Assignment.
Consultant shall not assign or transfer any interest in this Agreement nor the performance of any
of Consultant's obligations hereunder, and any attempt by Consultant to so assign this Agreement
or any rights, duties, or obligations arising hereunder shall be void and of no effect.
12. Compliance with Laws.
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations
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that in any manner affect those employed by it or in any way affect the performance of its service
pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances,
codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-
state corporation or LLC, it must be qualified or registered to do business in the state of California
pursuant to sections 2105 and 17451 of California Corporations Code. The City, its officers and
employees shall not be liable at law or in equity occasioned byfailure of Consultant to comply with
this Section.
13. Licenses.
At all times during the term of this Agreement, Consultant shall have in full force and effect all
licenses (including a City business license) required of it by law for performance of the services
hereunder.
14. Non -Waiver of Terms, Rights and Remedies.
Waiver by either party of any one or more of the conditions of performance under this Agreement
shall not be a waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver by City of
any breach of covenant, or any default which may then exist on the part of Consultant, and the
making of any such payment by City shall in no way impair or prejudice any right or remedy available
to City with regard to such breach or default.
15. Attorney's Fees.
In the event that either party to this Agreement shall commence any legal or equitable action or
proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such
action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees
and costs, including costs of expert witnesses and consultants.
16. Notices.
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a)
the day of delivery if delivered by hand during Consultant's regular business hours or by facsimile
before or during Consultant's regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the
Agreement, or to such other addresses as the Parties may, from time to time, designate in writing
pursuant to the provisions of this section.
17. Governing Law.
This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State
of California.
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18. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
to be the original, and all of which together shall constitute one and the same instrument.
19. Severability.
If any provision or any part of any provision of this Agreement is found to be invalid or
unenforceable, the balance of this Agreement shall remain in full force and effect.
20. Entire Agreement.
This Agreement, and any other documents incorporated herein by specific reference, represents the
entire and integrated agreement between Consultant and City.
This Agreement supersedes all prior oral or written negotiations, representations or agreements. This
Agreement may not be amended, nor any provision or breach hereof waived, except in a writing
signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City
will only be valid if signed by the appropriate officer of the City as set forth in the Rosemead
Municipal Code and attested by the City Clerk.
21. Authority.
The person or persons executing this Agreement on behalf of Consultant warrants and represents
that he/she has the authority to execute this Agreement on behalf of the Consultant and has the
authority to bind Consultant to the performance of its obligations hereunder.
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ATTACHMENT "B"
RESOLUTION NO. 2021 -XX
COMPREHENSIVE CITY SCHEDULE OF FEES AND CHARGES
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Attachment C
Proposal from BPR Consulting Group
Attachment D
Proposal from Interwest Consulting
Attachment E
Proposal from Transtech Engineering
Attachment F
Proposal from Willdan Engineering