CC - Item 4H - Sidewalk ADA Master Plan - Award of Constructional Services Agreement for Engineering ServicesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER O
DATE: JANUARY 10, 2023
SUBJECT: SIDEWALK ADA MASTER PLAN - AWARD OF PROFESSIONAL
SERVICES AGREEMENT FOR ENGINEERING SERVICES
SUMMARY
As part of the City's Fiscal Year 2019-20 Capital Improvement Program, the City Council
approved the Sidewalk ADA Master Plan. The Plan will identify street segments that have missing
sidewalk and curb ramps or not compliant with Americans with Disabilities Act (ADA) standards.
The Plan will serve as a guiding document to assist staff to develop future capital improvement
projects to improve pedestrian mobility and safety throughout the City. On November 8, 2022,
staff advertised the Request for Proposals (RFP) for Engineering Services for the Project and
received four (4) proposals. Based on the evaluated proposals, staff determined that Bucknam
Infrastructure Group, Inc. (Bucknam) submitted the most qualified proposal to provide the
Engineering Services in the negotiated amount of $54,985.
On November 8, 2022, staff advertised the RFP for Engineering Services for the preparation of
the Sidewalk ADA Master Plan, RFP No. 2022-30. The following proposals were received by the
2:00 p.m. deadline on Wednesday, November 30, 2022.
Firm (alphabetical order
Location
Proposal Amount
Bucknam Infrastructure Group, Inc.
Oceanside, CA
$ 68,655.00
Bureau Veritas Technical Assessments LLC
Irvine, CA
$ 201,678.12
IMS Infrastructure Management Services, LP
Tempe, AZ
$ 157,875.00
SZS Engineering Access, Inc.
Carlsbad, CA
$ 148,400.00
Staff evaluated the proposals based on compliance with the RFP requirements, project
understanding and approach, experience, level of effort, schedule, and cost effectiveness to provide
efficient services. Based on the evaluation, staff determined that Bucknam provided a better
understanding of the scope and City's needs, efficient schedule, and demonstrating relevant
experience on similar projects. In addition, Bucknam provided the shortest project duration, and
in addition to providing sidewalk GIS Data to the City, Bucknam will provide a web -based
application service that allows the City to manage the City's sidewalk and ADA ramp data. The
web -based application service is in addition to the City's requested scope of services and is at no
AGENDA ITEM 4.11
City Council Meeting
January 10, 2023
Page 2 of 2
additional cost to the City. Furthermore, during the evaluation, staff entered into fee negotiations
with Bucknam and were able to negotiate the final fee to the amount of $54,985.
STAFF RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute a contract with
Bucknam Infrastructure Group, Inc. for Engineering Services for the preparation of the Sidewalk
ADA Master Plan in a not -to -exceed amount of $54,985.
FINANCIAL IMPACT
The Sidewalk ADA Master Plan is included in the Fiscal Year 2022-23 CIP budget and consists
of $ 55,000 in Measure R Funds.
ENVIRONMENTAL REVIEW
The proposed plan is not defined as a project under the California Environmental Quality Act
(CEQA); therefore, the proposed plan is not subject to CEQA.
STRATEGIC PLAN IMPACT
The Plan is consistent with the City of Rosemead's Strategic Plan Goal C - Infrastructure and
Facilities, which is to enhance streets, sidewalks, and public infrastructure; coordinate with
relevant utility agencies regarding safety and enhancements; and modernize facilities by expanding
the use of wireless network technology and renewable energy.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
D
Ed e Chan, P.E., T.E.
City Engineer
Submitted by:
N4� , 4i C/iuitg-
Michael Chung, P.E.
Director of Public Works
Attachment A: Bucknam Infrastructure Group, Inc. Revised Proposal
Attachment B: RFP Package
Attachment C: Professional Services Agreement with Bucknam Infrastructure Group, Inc.
Attachment A
Bucknam Infrastructure Group, Inc.
Revised Proposal
Approach / Scope of Work
Project Understanding/ Approach
As the City of Rosemead infrastructure matures, the City's staff is striving to implement a
citywide Sidewalk Maintenance Program (SMP) Master Plan through cost effective GPS/GIS
condition surveys, engineering cost evaluation, budgetary reporting and data updates within the
SMP database. In doing so the City will be able to query, report on and schedule priority repairs
in order to proactively identify sidewalk/ADA improvements, non -ADA compliant travel routes
and implement the best SMP strategies and practices. The City's 2023 focus for field inspections
will cover all defined sidewalks within the network (128 miles).
The City requires a team that will not only survey the defined sections using cost-conscious
methodologies but will create a comprehensive program that includes the enhancement of your
multi-year SMP CIP, zone maintenance, efficient bid documents, stewardship of the SMP, GIS
accessibility to the SMP (Bucknam's MyRoads®), and the knowledge of the inner workings of the
SMP software.
Buckram will provide these services through our proactive and accurate implementation of your
SMP; we will address the City's primary goals of:
• GIS Digitization of Rosemead sidewalk/curb ramp networks;
• Verifying/ Updating sidewalk centerline and metric data (SMP vs. GIS);
• Surveying approximately 128 miles of Arterial, Collector and Local sidewalks;
o Sidewalk widths, typcial ADA compliance, variances, distresses
o Identification of locations that require ADA accessibility
• Curb Ramps ADA compliance surveys
• Identifying priority maintenance locations to reduce trip/fall incidents, especially along
high-volume pedestrian sidewalks;
• Developing a proactive multi-year preventative maintenance schedule based on existing
capital funding to establish effective management strategies and practices;
• Establishing solid multi-year recommendations for current / future maintenance needs;
• Publish sidewalk inventory, distress and maintenance recommendations within
MyRoads® that allows City staff to access, query, map and prioritize sidewalk/ADA
improvmenet projects
We have defined detailed phases to the scope of work in accordance to the City's request;
1. Project Implementation
2. Client Satisfaction
3. Project Schedule (Task 3.1)
4. Scope of Work (Major Tasks)
Approach / Scope of Work
1) Project Implementation
TASK 1.1: Project Kickoff
The first step in implementing a successful sidewalk management program truly resides in four
essential project deliverables:
• A comprehensive citywide inventory of current sidewalk and right-of-way deficiencies;
• Identification of locations with no sidewalk present (non -ADA compliant travel routes);
• A established GIS based distress, location, priority ranking, classification and
improvement identification tool;
• Database management and reporting software (i.e. GIS, Excel)
• Frequent communication, timely scheduled inventories and database maintenance;
For the City of Rosemead it will be essential to establish, up front, the Public Works Division
(Engineering / Public Services) sidewalk / ADA repair priorities. Our team will set a Project
Kickoff meeting with the City Engineer (Mr. Eddie Chan) to further discuss and review in detail
the expectations of the project, technical approach, section ID / GIS management & surveys,
district/zone maintenance, software upgrades & use, deliverables within the scope of work and
the review of schedule.
This effort will build consensus between the Public Works/Public Services staff as well as build a
stronger maintenance & operations sidewalk maintenance program (SMP).
The first key topics to be discussed will include the review and assessment of the existing
Sidewalk/Pavement Management network (all ready in -hand), survey areas, ADA self-
evaluation/transition data, data quality and condition, current inspection/priority criteria
procedures, maintenance parameters and desired service levels. During the project several
project assessment and project status meetings will be held to ensure that the major scope
tasks and project schedule are being adhered too.
Deliverable: Meeting minutes, revised project schedule (if necessary)
TASK 1.2: Project Status Meetings -Quality Control Program
Status Meetings and Progress Reports
• Minimum of three meetings during the project (kickoff, field, and status meetings,
presentations)
• Meetings will incorporate task driven agendas for discussion and meeting minute actions
• Field review meetings, Monthly progress status reports will be delivered to City project
managers
1-2
Approach / Scope of Work
SMP Quality Control (QC)
We will use a statistical sampling approach for measuring the quality of our field technician's
work. In this manner, 10 percent (15 miles) of the original 128 miles of survey will be re-
inspected by an independent survey crew, supervised by a field supervisor, and the results will
be compared to the original surveys.
Our QC process involves checking the field crews' work in a "blind study' fashion. Quality
control checks will be performed at the end of each survey week. This will ensure that all field
personnel are properly collecting distresses and sidewalk quantities for all street segments.
Since we are collecting distress information on our field GPS Tablets with the Rosemead SMP
database live, our staff will perform several quality control tests using a sample set of the City
of Rosemead's sidewalk/ADA distress data. This will ensure that all system and analysis
settings as well as City recommendations and standards are being followed
Over the past two years, Bucknam has submitted fifty (SO) LA County METRO/OCTA compliant
reports for LA and Orange County municipalities, they include:
ng Beach Alhambra ' EI Se&unr
Duarte Culver City , Lomita
Hill _ Pomona ': Sierra Madre
..... ..... —..___.__.._..__.._.._.--._..._.._......_._..._..._..._.........
v Park Hermosa Beach South Pasadena
Monrovia Rosemead Bellflower
Lawndale Covina Beverly Hills
Gardena
RSM
Hills Laguna Beach Westminster
n J
Valley Sauan Capistrano r"'_.._.._.....—La Habra
Beach Santa Ana Placentia
Our field surveys follow the accepted ASTM D6433-20 walking requirements and are proven and
continue to be utilized for our SoCal clients shown above. A copy of the QA/QC plan utilized by
our staff during the project will be submitted.
Deliverable: Monthly Project Status reports, field review and project status meetings, QA/QC
Plan
1-3
Approach / Scope of Work
2) Client Satisfaction
TASK 2.1: Project Deliverables
Shown throughout our Scope of Work, each Task is summarized with project deliverables. Client
satisfaction will derive from frequent communication with the Project Manager and key staff
members from the Engineering and Public Services departments. Project success is created by
delivering on three main factors;
1) Adherence to scope tasks and deliverables
2) Performing to the standard set by the Project Schedule; and
3) Controlling costs. Our Project Manager will follow each of these factors throughout
the duration of the project
Deliverable: Project Status Updates, as stated in Task 1.2
3) Project Schedule
TASK 3.1: Work Flow/ Project Schedule
Our project schedule shows each major task identified in our scope of work, as well as quality
control milestones and meetings. Bucknam currently has ample staff to apply to this project in
order to meet an aggressive schedule.
With a completed survey, our team will work with you to establish a SMP that provides specific,
manageable sidewalk segments, detailed maintenance schedules of needed repairs and cost
conscious maintenance recommendations that will assist you in preparing budget estimates
required to complete the scheduled work for fiscal year 2023 and beyond.
See key milestone dates from the project schedule below (fiscal year will change accordingly):
• Project Kickoff—January/February, 2023
• Survey Completion —May, 2023
• Delivery of draft & Final SMP Final Report—June, 2023
• Data coordination with City regarding ADA Transition Report—June, 2023
• Publication of SMP digital deliverables within City's network— Any time after acceptance
of Final SMP
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Approach / Scope of Work
4) Scope of Work (Major Tasks)
TASK 4.1: SMP Assessment and SMP Network Definition
Bucknam has thoroughly assessed the City's previous 2022 pavement database (MicroPAVER) as
well as geographically approximated the total sidewalk mileage through GIS. At this time the
City has approximately 128 miles of sidewalks which is serving as the baseline element for our
scope/fee proposal within.
Our staff will utilize the City's available street/sidewalk segmentation data within your
MicroPAVER PMP database to digitize/update the sidewalk segmentation. Our staff will utilize
additional data such as the City's GIS centerline, aerial imagery and other viable data that will
assist our internal sidewalk GIS layer development and upcoming field operations.
All sidewalk inventory and distress data will be collected through the use of our hand-held GPS
units. Through the use of ArcPad, our Trimble GPS unit utilizes a data capture screen to record
all inventory and inspection data define by the scope of work.
Another essential item to establish prior to survey is what defines Priority maintenance and
repair. The recording of Priorities 1, 2, 3 and 4 will be linked to each distress found in the field.
These are shown in detail within Tasks 4.2 & 4.3; as stated above, we will meet with City staff to
define the final Priority definitions prior to survey.
As an option to this project, Bucknam will develop a clear and accurate citywide Sidewalk GIS
layer that represents where known sidewalk locations are. This will require Bucknam to digitize
sidewalk locations that will be represented by GIS polylines. This will create a citywide sidewalk
polyline layer that will in turn drive our annual sidewalk inspections. We have shown this cost
within our proposed fee.
Deliverable: Definition of Rosemead Sidewalk Section network; Sidewalk GIS layer
TASK 4.2: Development of Sidewalk Maintenance Attributes /Database
Based on previous sidewalk management programs performed for various cities, this is the list
of typical layers and attributes we collect during sidewalk inspections:
Sidewalk Maintenance Attributes
• House Number— House number closest to distress, if applicable.
• Street Name—Street Name
• Surface Type — i.e. AC, Brick, Paver, PCC
• Distress Location — sidewalk, C&G, ADA ramp;
• Vertical displacement — i.e. 1/2 " to 1", 1" to 2", 2" or higher
o Displacement ranges — Defined by City's current Sidewalk Inspection Program
(may be changed per discussions with City);
o Distress Type — i.e. joint faulting, linear cracking, divided slab, buckled slab;
• Sensitive Location — Schools, Parks, City Facilities, etc., locations to be determined by
City Staff;
• Tree — If distress is caused by a tree;
1-5
Approach / Scope of Work
• Utility Box — If distress is caused by a utility box;
o Utility label/type, if any;
• Length — Length of distress, if applicable;
• Recommended Work—Le. Grind, Ramp, Replace;
• MicroPAVER ID— Unique ID that corresponds with PMP Street GIS Layer;
• Any hazards or sidewalk damage that may not meet requirements of repair to be noted
for future inspections;
• Field notes (if applicable) and inspection date associated with distress priority location;
• Comments — Field for any necessary comments about the distress.
Bucknam will work with City staff to further develop the sidewalk and curb & gutter GIS layers
and their database attributes. Bucknam will deliver all GIS layers in the City's preferred GIS
format (i.e. shapefile, file geodatabase, etc.) along with MXDs and MPKs.
Through our experience in working with sidewalk GIS datasets and MicroPAVER we are
approaching the continuous development and management of the Rosemead sidewalk
inventory in the following manner:
Perform all sidewalk data collection through the use of GPS handheld technologies and
personal computers.
o This creates a real-time, accurate GIS database for each distress location
Import all sidewalk GIS data into the City's existing GIS Enterprise program for data
analysis, reporting and management
Deliverable: Defined Master GIS Project file (.mxd); Sidewalk GIS distress map, sidewalk
location map.
TASK 4.3: Sidewalk/ Cub & Gutter Data Collection
Once the street/sidewalk segmentation has been
assessed and verified, the inspection of
approximately 128 miles of sidewalk segments
will be performed (based on 85 miles of streets
with 75% of segments having sidewalks on both
sides). Bucknam will coordinate the sidewalk and
upcoming pavement management surveys
together for efficiency. Our survey methodology
will include the following approach:
1. Walking / GPS Handheld - All sections
will be surveyed utilizing a walking/GPS
methodology. Distress locations and
types will be collected based upon actual
surface conditions found and physical
characteristics of the site. Surveying will
identify distress locations of sidewalk by
GPS coordinates.
1-6
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Approach / Scope of Work
Our staff will be following the current sidewalk management program survey schedule (see
below).
FY 2022-23 Sidewalk Management Program Contract:
• 128 miles of sidewalk / Curb & Gutter (Arterials, Collectors and Locals)
o Sidewalk width and typical ADA compliance (slopes)
r Sidewalk variations (vertical/ horizontal displacement)
Sidewalk distresses
Identify locations that require sidewalks for ADA accessibility
We have included below the typical Priority distress limits (repair criteria), these limits will be
discussed prior to survey:
• Priority 1 — for "high risk locations" (i.e. schools, churches, city facilities, parks,
commercial centers, etc.) where pedestrian traffic is high and the City has a vested
interest in lowering tripping hazards.
• Priori 2 — (Very Poor), Locations that have a condition of Very Poor or any location
which the field technician considers to be an immediate serious safety concern
o Typically trip, separation, spalling, raised/depressed slab distress areas that are
2" or greater in occurrence
• Priori 3 — (Poor to Fair), Locations that have a condition of Poor to Fair of where the
field technician determines that a problem is not an immediate safety concern
o Typically trip, separation, spalling, raised/depressed slab distress areas that are
1" to 2" in occurrence
• Priority 4 — (Fair to Good), Locations that have a condition of Fair to Good or where the
problem is not a safety hazard
o Typically trip, separation, spalling„ raised/depressed slab distress areas that are
YS" to 1" in occurrence
o Other obvious crushed or deteriorated locations shall be identified
We welcome staff members from the City of Rosemead to join our surveys.
Our use of mobile GPS Handheld/Tablet units allow our staff to collect necessary project data
with the City of Rosemead's SMP live in the field. At the end of the day collected data is
digitally transferred to our office for quality control and management. We can produce
Sidewalk GIS distress locations at any time during the survey for City QC and/or review.
Section Distress and Condition Reporting
At 50% and 100% Bucknam will generate Sidewalk Location/Distress Reports for City staff
review. The City and our staff will review these reports to ensure that all inventory data is
correct and the project is running smoothly.
1-7
Approach / Scope of Work
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Sample screenshots of Sidewalk Inventory report and GIS output
Sidewalk spreadsheet reports, GIS maps and MyRoads® will include:
• Identification of all street segments in a continuous manner (W to E and S to N);
• Sidewalk locations identified within street segments;
• GIS maps identifying sidewalk displacement locations;
• A Sidewalk M&R recommendation map
• Citywide Sidewalk/C&G Atlas Book
• Publication of sidewalk data with Rosemead's MyRoads® PMP web -portal (see image
below)
1-8
Approach / Scope of Work
Deliverable: Citywide Sidewalk Distress Reports (50% and 100% status reports); project
summary findings, final GIS files (.mxd, .shp) recommended repairs; GIS Distress/Deficiency
Atlas Map Book.
TASK 4.4: ADA Compliance -Curb Ramp Inventory
Per the City's request, an inventory and update to the City's curb ramp locations will be
performed by Bucknam. As Bucknam performs the required sidewalk repair/distress inventory
we will also provide ADA compliant evaluations for the Rosemead curb ramp inventory.
The United States Access Board provides guidance, standards for the design and alterations of
accessible pedestrian facilities. These general guidelines are known as the 2010 ADA Standards
and proposed Public Right -of -Way Access Guidelines (PROWAG). PROWAG is recognized by the
Federal Highway Administration (FHWA) and Department of Transportation for best practice for
pedestrian facilities and public right-of-way. Additionally, the FHWA and Department of Justice
have provided guidance on the impact of street alterations on the installation of curb ramps and
requirements to improving curb ramps when street improvements are made. Bucknam will
perform an ADA curb ramp compliance assessment within the City's ROW; initially our staff will
digitize existing ADA curb ramp locations as well as potential locations with no ADA ramps
found; this data will drive our field operations to be more efficient and effective.
This will serve as an initial quality control assessment and allow our staff to clarify, communicate
and discuss the City's goal of updating critical ADA data at known locations. Once established
curb ramp data is verified Bucknam will begin the necessary ADA curb ramp
inventories/updates.
Data collected during these efforts will typically implement and/or update the following criteria.
If the City wishes to add and/or delete specific attributes, this will be discuss and decided upon
prior to survey.
• Location Information
o Unique ID
o GPS coordinates
o Intersection Position
o Use of Calibration Levels (i.e., Stabila, SmartTool)
• Type of Curb Ramp (type 1, type 2, type 3, type 4, type 5, modified curb ramp)
o Running, Cross, and counterslope
o Ramp length, width
o Turning space (length, width, running slope grade
o Flared slopes
o Clear space measurements
1-9
Approach / Scope of Work
o Type 5 Blended Transition ramps
o Flush transition(s)
o Detectable warnings
o Traffic signal push buttons (if present) audio / visual
o Location within City facilities and/or sensitive areas (transit, schools, etc.)
Our data collection services will be performed through on-site, tabular data collection units.
These units will utilize ESRI ArcGIS field and in-house technologies providing our field technicians
with pre-programmed Rosemead ramp locations/attributes.
Bucknam's survey process, data collection and data verification will occur automatically as our
field technicians enter data and move from asset to asset. Technicians then access preloaded
data entry forms and aerial images along the right-of-way.
As mentioned above within our sidewalk inspections, quality control will include blind study re-
inspection and will cover 10% of the original survey quantities. Project management will
continuously review incoming data for missing values and errors to ensure accuracy. Our field
data is immediately linked to GIS which allows our QC team to utilize additional tools for
verifying accuracy and delivery.
Recognizing that the City of Rosemead has limited funds and cannot immediately improve all
curb ramp locations, our deliverables will provide the ability for City staff to assess priorities for
making accessibility modifications over an acceptable timeframe with importance placed on the
highest priority for the community.
Curb Ramp deliverables will include
• Executive Summary of methods, goals, findings and recommendations
• Master Curb Ramp database (spreadsheet)
• GPS location of all ramps
• GIS Sidewalk/Curb Ramp Map Atlas
• GIS data publication within the City GIS Enterprise
• Cost estimates for recommended improvements
DEVELOP RECOMMENDED IMPROVEMENT PROGRAM
TASK 4.5: Maintenance and Rehabilitation Recommendations
In regard to the sidewalk maintenance that has been performed by in-house staff as well as
through contractual maintenance, our staff will review all sidewalk activities that have been
performed over the past several years. In doing this, Bucknam will be able to identify the FY
2023 unit costs for repair and replacement of sidewalks/ADA curb ramps that the City has been
applying.
1-10
Approach / Scope of Work
We will assist the City in developing the most cost-effective preventative maintenance, repair
and rehabilitation strategies possible. This will be accomplished by meeting with the City to
discuss and strategize maintenance activities/unit costs that are currently being used by the
City. These discussions are typically scheduled for when our sidewalk surveys reach 70%
complete.
These unit costs will in turn be applied to a Maintenance & Repair recommendation report that
will clearly identify fiscal year priority locations for Rosemead sidewalk/ADA improvements. The
projected M&R costs will be identified for each section (both sides) and prioritized
geographically within the City's current maintenance zone schedule. If a zone schedule
currently does not existing, Bucknam will recommend a schedule based upon ADA Transition
data/schedules, distress priorities, geographic distress location and coordination with the City's
Pavement Management Program (PMP).
This will create an annual CIP maintenance list schedule that coincides with the ADA
improvements and your pavement management CIP schedules.
We will focus on projecting budgets and maintenance recommendations for all streets within
maintenance zones; this will allow us to proactively schedule maintenance efforts throughout
a multi-year CIP as well as achieve the desired level of condition.
Our Project Manager and key staff will work closely with City in defining repair and
rehabilitation strategies during each fiscal year and within each tract/area defined by the City.
Once the repair/rehabilitation strategies have been defined, the identification of a multi-year
Forecasted Maintenance schedule will be generated.
The recommended budget scenarios will be identified on the basis of several criteria:
• Present sidewalk / ADA ramp conditions;
• Scheduling with the City's maintenance zones and other capital projects (ADA
Transition, PMP, water, sewer) ;
The primary emphasis of this task is to maximize the programming of sidewalk maintenance
revenues/projects using the most cost-effective strategies available and taking into account cost
inflations. A Final Report will be generated for City staff to review. The Draft and Final SMP
reports will include:
• Executive Summary/ Findings and Recommendations;
• Purpose statement for SMP to establish goals and objectives;
• Assessment of current sidewalk / ADA curb ramp conditions;
• CIP scenario(s) identifying arterial and residential maintenance (per section & zone)
recommendations (grinding, ramping, replacement, etc.) associated with a
construction cost; City will provide funding source budget allocations;
• Sidewalk / ADA curb ramp GIS mapping;
Deliverable: Two (2) copies of the Sidewalk Management Program Report (digital /
hardcopies of the report, mapping and database).
Approach / Scope of Work
TASK 4.6: Rosemead MyRoads® SMP Web -Portal
Rosemead MyRoads® Web -Portal — Bucknam's MyRoads® is a great match for the Rosemead
SMP today and for the future. Our web -app brings your SMP data to life within a dynamic
dashboardl
Bucknam now provides all our PMP/SMP clients
with a unique and agency driven "MyRoads®"
web -portal that provides instantaneous access to
your asset management databases. This
"dashboard" allows users to toggle through
individual sections via GIS mapping selections,
zone queries, rank selection, PCI ranges, etc. to
review all section metrics, latest/previous
inspections, work histories generate filtered
condition reports and identify potential
maintenance costs based upon your unique
needs. Bucknam has shown the Rosemead
MyRoads® account actively working! This tool
will be accessed by City staff simply through a
Username/Password methodology. As changes
are made to the Rosemead SMP database the
MyRoads® dataset is changed to reflect work
history edits, condition inspections and section
changes.
In summary, MyRoads® allows the user perform the following dynamic functions:
• Query specific pavement segment(s) to view current/historic conditons, work history
inspection;
• Filter for pavement sections within a defined zone, conditional range and/or functional
class;
• Select a section or grouping of section through the on -board GIS tool;
• Display critical street / sidewalk / ADA curb ramp assets along pavement section(s) that
are critical to Engineering Bid development and solicitation (ADA ramps, utilities,
manholes, trees, etc.
• Displays all final GIS project maps (Conditions, work history, multi -yr forecasted
maintenance, etc.)
• Bucknam will train Rosemead staff on the simply use of the MyRoads® dashboard.
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Bucknam Infrastructure Group - Detailed Labor and Fee Breakdown
City of Rosemead, CA
2022.2023 Sidewalk ADA Master Plan Services
PROPOSED FEE/PAYMENT FEE SCHEDULE
Buckman, Infrastructure Group - PROJECT FEE BY TASK BY PERSONNEL
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6CU
6
N
w
rii Y
1
d
n c
Y`
Q
2
6
34000
_
(�
(9
F
9
1
llE
6
$
1,075.00
DI91ti]ation W Sidewalk / ADA Ramp Nelvndc (128 miles)
1
2
LL
4
78
F 0
0
0 0
F
$
BUNenetl Hourly Rate
829s.1%I
$19500
5150.00
5145.00
$14500
$100.00
$10000
885.00
5
$
a: moewate mana9emem rrogrem lsmr)servtcea
Task 1.1 Project Kickoff
1
1
11
3
$
490.00
Task 1.2 "W Statue Meetings- Quality ContrW Pm9rem
2
1
1
4
$
885.00
Task 2.1 Project Deliverables
2
2
4
2
10
$
1,440.00
Task 3.1 Work Flow / Project Schedule
1
1
2
$
34000
Task 4.1 SMP Assessment and SMP Netwodc Dakutkm
1
1
1
1
2
6
$
1,075.00
DI91ti]ation W Sidewalk / ADA Ramp Nelvndc (128 miles)
1
2
4
78
2
87
$
9,075.00
Task 4.2 Development W Sidekelk Maintenance Attributes f Detabese
1
2
2
5
$
78500
Task 4.3 Sidewalk/ Cmb B Gutter Data Cdlection(128 miles)
4
1
2
8
152
20
187
$
19,580.00
Teak 4.4 ADA Compliance -Cur, Rampinveraory
1
3
1
1
4
102
12
124
$
13.15500
Teak 4.5 Maintenance and Rehabilitation Recommendations
1
23
1
1
4
1
31
$
5,740.00
Task 46 Rosemead MyRoads SMP Wab-Portal
0
Pro-bono
SUBTOTAL
1
39
12
6
]1
3]2
]4 3
469
$
62,]66.00
Other Dined Coats
All Tasks I Reimbursable (mileage, materials, equipment)
$
2620 00
YEAR
Support
SUBTOTAL 0 0 0 0 0 0 0 0 0 $
TOTALLABOR 0 1 0 0 0 0 0 0 0 0 $0
TOTAL ESTIMATED FY 2022-2023 COSTS (Total Includes Base 8 Optional cast items) $v s65
BUCKNAM T-
r'r Revised Fee Pro I1D
PCso li.lE
Attachment B
RFP Package
CITY OF ROSEMEAD
REQUEST FOR PROPOSALS
FOR
CITYWIDE SIDEWALK ADA MASTER PLAN
RFP NO. 2022-30
SUBMITTALS:
Four (4) bound copies and one (1) electronic PDF file on flash drive or CD of the proposal in
sealed envelope(s) must be received by the City of Rosemead's City Clerk's Office by:
no later than November 30, 2022 at 2:00 PM.
or
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids
at: https://Pbsystem.i)lanetbids.com/portal/54150/portal-home
Proposals submitted through PlanetBids Vendor Portal shall be submitted no later than
November 30, 2022 at 2:00 PM.
CONTACT PERSON:
Eddie Chan, City Engineer
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
(626) 569-2154, EChan@cityofrosemead.org
PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE
CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED.
Please direct questions or concerns regarding this RFP on the City's PlanetBids Vendor Portal
by November 21, 2022 by 5:00 PM. Answers to submitted questions will be posted on the City's
website and Planetbids.
This RFP is posted on the City's website and Vendor Portal Hosted by PlanetBids at:
hftps:flpbsystem.l)lanetbids.com/portal/54150/portal-home
Please review the requirements of the RFP and submit your proposal by the date specified.
Issued by:
Eddie Chan, City Engineer
City of Rosemead
Page 1
CITY OF ROSEMEAD
REQUEST FOR PROPOSALS
FOR
CITYWIDE SIDEWALK ADA MASTER PLAN
RFP NO. 2022-30
A. INTRODUCTION/OBJECTIVE
The purpose of this Request of Proposals (RFP) is to select the most -qualified
Consultant to provide Professional Services for the Preparation of Citywide Sidewalk
ADA Master Plan RFP No. 2022-30. The City wishes to obtain these services under
a Professional Services Agreement.
B. BACKGROUND ABOUT THE CITY
The City of Rosemead is an urban suburb located in the San Gabriel Valley, 10 miles
east of downtown Los Angeles. It is bounded on the north by the cities of Temple City
and San Gabriel, on the west by Monterey Park, Alhambra, and the unincorporated
Los Angeles County community of South San Gabriel, on the south by Montebello,
plus by EI Monte and South EI Monte on the east. The City is 5.5 square miles (2,344 -
acres) in size.
Rosemead is a working-class suburb with a diverse population base. According to the
2020 Census, the City had a population of 51,185. The estimated makeup of the City
was 4.7% White, 0.3% African American, 60.3% Asian, 33% Hispanic/Latino (of any
race), and 0.7% Non -Hispanic Other. As a substantially built -out city, Rosemead only
added 259 residents to its population during the last decade (2000-2010).
Rosemead's appeal as a new kind of small town in the heart of an urban environment
is accomplished by honoring tradition, uniting in diversity, and evolving for the future.
This is evident in Rosemead's Key Organizational Goals which aim to: improve public
areas including infrastructure and community facilities; enhance public safety and the
overall community environment and opportunities for residents through programs,
services, education, and recreation; and ensure the City's financial stability in order to
continually meet these goals and provide basic services to the community.
Today, the city boasts that its goals include the improvement of quality of life offered
in Rosemead in a business -friendly atmosphere conducive to continued economic
growth and prosperity. The city offers a desirable and affordable community in which
to live and a dynamic and expanding business sector that is an economic growth
engine for West Coast commerce.
Page 2
C. DESCRIPTION OF PROJECT AND SERVICES
The purpose of this Request of Proposals (RFP) is to select the most -qualified
Consultant to provide Professional Services for the Preparation of Citywide Sidewalk
ADA Master Plan RFP No. 2022-30. The City wishes to obtain these services under
a Professional Services Agreement.
The proposed services will be funded through local funds, no federal funds are
involved on the project.
The primary objective of the project is to have the selected engineering consultant to
prepare a Citywide Sidewalk ADA Master Plan that will inventory city sidewalks and
develop a repair program. The City is seeking consultant services to perform a
complete, citywide inventory and assessment of the City's sidewalk network, resulting
in a web -based GIS application database of the city's sidewalk network, which will
identify the location and condition of sidewalks, deficiencies and provide the
capabilities to process and analyze the recorded data and actively manage, track, and
update ongoing sidewalk and curb ramp maintenance programs and conditions.
Project tasks shall include, but are not necessarily limited to, those items noted below.
If the consultant feels that additional tasks are warranted, they must be clearly
identified in the consultant's proposal. The consultant's scope of work includes, but is
not limited to, the following:
Task 1: Project Administration, Coordination and Meetings
Coordination and Overall Task Management. The Consultant shall manage the
work and any subconsultant efforts to deliver the Scope of Services and shall
provide the following:
• Project coordination. Overall task coordination with the City and team members.
• Meetings. Consultant shall have a kickoff meeting, monthly progress meeting (in
person or by video conference), and meet as -needed with the City and
stakeholders to discuss the project.
• Status Report and Schedule Updates. Prepare monthly status reports
summarizing the efforts performed. Include a graphical schedule in Microsoft
Project or other format approved by the City and budget updates; and
• Quality Control. Oversee the review and quality control efforts for this task.
Task 2: Data Collection
The Consultant shall perform an inventory of the City's existing sidewalks and curb
ramps. The data collected shall include, but not be limited to, the following:
• Sidewalk width and typical ADA compliance (slopes)
Page 3
• Sidewalk variations (vertical and horizontal displacement)
• Sidewalk distresses (surface deteriorations, humps, depressions, distortions, and
cracking)
• Identify locations that require sidewalks for ADA accessibility
• Curb Ramp ADA compliance
The Consultant shall use a Data Collection System with the following criteria:
• Use a computer-based data collection platform to collect continuous sidewalk
and curb ramp service data
• GPS enabled system for locating sidewalk and detailed location information
Task 3: Quality Assurance/Quality Control (QA/QC)
• Perform data reduction analysis
• Perform QA/QC of collected data
• Submit a Quality Management Plan (QMP) for approval prior to start of work
Task 4: GIS Database
The Consultant shall provide a GIS shapefile/database that shall include, but not
be limited to, the following:
• Geocoded location of all curb ramps
• Geocoded location of sidewalk variations and distress
Task 5: Analysis and Recommendation
The Consultant shall develop a report that shall include an analysis of the existing
conditions; make recommendations, which shall include a CIP list, cost estimates,
schedule for improvements and addresses current and long-term sidewalk
management goals; identify non -ADA compliant travel routes; and develop/confirm
the best sidewalk management strategies and practices.
The above tasks are provided as general guidance to the proposing firms. The
proposers shall review the RFP and attached documents and conduct any other
documents review, research and field reviews as they deem necessary, and
provide a detailed scope of services as part of their proposals.
D. PROPOSAL SUBMISSION
Electronic or Hardcopy proposals will be accepted as follows:
Hardcopy Proposal Submittals:
Proposals shall be submitted in 2 separate sealed envelopes as follows:
1. Technical Proposal, 4 bound copies and 1 PDF file on thumb drive
Page 4
2. Cost Proposal, 1 bound copy and 1 PDF file on thumb drive
Hardcopy proposals shall be addressed to:
City of Rosemead -City Hall
City Clerk's Office
8838 E. Valley Blvd.
Rosemead, CA 91770
Attn : Ericka Hernandez, City Clerk
Electronic Proposal Submittals:
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted
by PlanetBids at: https://pbsystem.planetbids.com/portal/54150/portal-home
Proposal submittal due date is:
November 30, 2022 at 2:00 PM.
Late Proposals will not be accepted.
E. CONSULTANT SELECTION SCHEDULE
Release of Requests for Proposals
Submittal of Questions
Response to Questions
Proposal Due Date
Proposal Review/Evaluation
Optional Interview (if required)
Tentative City Council award
Tentative Start date
November. 8. 2022
November 21, 2022 by 5:00 PM
November 24, 2022
November 30, 2022 by 2:00 PM
December 2022
December 2022
January 2023
January/February 2023
F. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS
City's Standard Professional Services Agreement is provided as Attachment. Please
review and provide any comments you have. City does not guarantee that any
revisions to contract will be accepted.
Page 5
G. CONSULTANT SELECTION METHODOLOGY
The City will evaluate the Proposals submitted, and select the most qualified
consultant. In evaluating the Proposals, the City may consider the following factors:
• Completeness of the RFP and compliance with the required format.
• Project understanding and approach to provide the requested services
efficiently.
■ Experience and qualifications of the project team members.
• Experience and qualifications of the firm.
• Experience in local area and project requirements and process.
• Experience in working as an extension of City staff and providing services in
similar capacities with minimal direction from City staff.
During the evaluation process, the City may also contact listed references (or request
additional references), and include the feedback received in the evaluation factors
listed above as applicable.
H. PROPOSAL SUBMITTAL FORMAT
Proposal shall be submitted in the format specified below:
Cover Letter: Provide an executive summary of your proposal.
Table of Contents: Provide contents of proposal with page number references
foreach proposal section listed below.
Section 1. Approach, and Scope of Work: Provide your understanding of the
project, scope of work, and describe your approach in providing services.
Section 2. Project Team, Key Personnel and Resumes: Provide an organization
chart showing the names and responsibilities of key personnel and subconsultants.
Provide resumes of all key personnel identified in the organization chart.
Section 3. Company Qualifications: Provide qualifications of your, emphasize
similar services provided, and local experience.
Section 4. References: Provide 5 Public Agency references for similar projects.
Section 5. Standard City Contract and Insurance Requirements: Proposers shall
review the attached Standard City Contract and Insurance Requirements and provide
a statement that they will comply with all aspects of the Agreement or provide any
comments that they would like the City to consider.
Section 6. Addenda Acknowledgement: If any Addenda is issued by the City, they
shall be acknowledged in this section.
Page 6
Cost Proposal
In a separate sealed envelope, please submit a not to exceed cost proposal listing a
detailed cost for each task and sub -task; including work classification, rate, and
estimated hours for each subtask of work. The general Scope of Services outlined
herein is only provided as a guide in this Request for Proposals. Consultants shall
provide a detailed Scope of Services in their submitted Technical Proposal as
necessary to reflect the method and procedure in which they intend to provide the
required professional services, consistent with the general Scope of Services.
Provide your firm's current Hourly Fee Rates for staff classifications who might work
on this project.
I. PROTEST PROCEDURES
This section sets forth the protest remedies available with respect to the RFP. Each
prospective consultant, by submitting its Proposal, expressly recognizes the limitation
on its rights to protest contained herein, and expressly waives all other rights and
remedies. Each prospective consultant agrees that the decision on any protest, as
provided herein, will be final and binding on the protestant.
All protests and related statements described in this section shall be submitted to:
City of Rosemead -City Hall
8838 E. Valley Blvd.
Rosemead, CA 91770
Attn: Ericka Hernandez, City Clerk
J. DEBRIEFING
Proposers who submit a proposal in response to the RFP shall be notified in writing
when the proposer was not selected to receive further consideration.
K. PUBLIC RECORDS ACT
Proposals may be subject to public disclosure under the California Public Records Act
and other public records laws, and by submitting a proposal, the proposer waives all
rights to confidentiality of any information submitted in the proposal and agrees to any
and all such disclosures required or permitted by law. Proposals become the property
of the City when submitted and by submitting a proposal, the proposer agrees that the
City may use any information, documentation or writing contained in the proposal for
any the City purpose.
Page 7
L. PRE -CONTRACTUAL EXPENSES RESPONDING TO THE RFP PREPARATION
The City is not liable for any pre -contractual expenses incurred by any proposer or by
any selected consultant. Each proposer shall protect, defend, indemnify, and hold
harmless the City from any and all liability, claims, or expenses whosever incurred by,
or on behalf of, the entity participating in the preparation of its response to this RFP.
Pre -contractual expenses are defined as expenses incurred by proposers and the
selected consultant, if any, in:
■ Preparing and submitting information in response to this RFP
• Negotiations with the City on any matter related to this procurement
• Costs associated with interviews, meetings, travel or presentations
• All other expenses incurred by a proposer/consultant prior to the date of award
and a formal notice to proceed.
The City reserves the right to amend, withdraw and cancel the RFP. The City reserves
the right to reject all responses to this request at any time prior to contract execution,
or only award a partial
M. QUESTIONS REGARDING THIS RFP
Please direct any questions or concerns regarding this RFP to Eddie Chan, City
Engineer via email: EChan(cDcitvofrosemead.ora by November 21, 2022 by 5:00 PM.
Answers to submitted questions will be posted on the Cities' website and Planetbids.
ATTACHMENTS:
Attachment A - Standard City Contract and Insurance Requirements
Page 8
Attachment A - Standard City Contract and Insurance Requirements
Attachment A - Page 1
PROFESSIONAL SERVICES AGREEMENT
[INSERT TYPE OF PROFESSIONAL SERVICE]
[INSERT COMPANY NAME]
PARTIES AND DATE.
This Agreement is made and entered into this this Day of _, 20_
(Effective Date) by and between the City of Rosemead, a municipal organization
organized under the laws of the State of California with its principal place of business at
8838 E. Valley Blvd., Rosemead, California 91770 ("City") and [INSERT COMPANY] a
[INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE
PROPRIETORSHIP OR OTHER LEGAL ENTITY] with its principal place of business at
[INSERT ADDRESS] ("Consultant'). City and Consultant are sometimes individually
referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility 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.
TERMS.
3.1 Scope of Services and Tenn.
3.1.1 General Scope of Services: Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional [INSERT TYPE
OF SERVICES] services necessary for the Project, herein referred to a "Services". The
Attachment A - Page 2
Services are more particularly described in Exhibit [INSERT EXHIBIT LETTER] attached
hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules
and regulations.
3.1.2 Term. The term of this Agreement shall be for a [INSERT WRITTEN
YEARS] [(INSERT YEAR IN NUMBER)] year period from the Effective Date shown
above, with [INSERT WRITTEN YEARS] [(INSERT YEARS)] extension at the sole and
absolute discretion of the City, unless earlier terminated as provided herein. Consultant
shall complete the Services within the term of this Agreement and shall meet any other
established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services: Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Consultant's conformance with the Schedule,
City shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements: All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel: Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Consultant cannot agree as to the substitution of key personnel, City shall
Attachment A - Page 3
be entitled to terminate this Agreement for cause. As discussed below, any personnel
who fail or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project or a threat to the safety of persons or property, shall be
promptly removed from the Project by the Consultant at the request of the City.
3.2.5 City's Representative: The City hereby designates the City Manager,
or his or her designee, to act as its representative for the performance of this Agreement
("City's Representative"). City's Representative shall have the power to act on behalf of
the City for all purposes under this Agreement. Consultant shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative: Consultant hereby designates
[INSERT NAME], or his/her designee, to act as its representative for the performance of
this Agreement ("Consultant's Representative"). Consultant's Representative shall have
full authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his/her professional skill and attention, and shall be responsible for all means,
methods, techniques, sequences and procedures and for the satisfactory coordination of
all portions of the Services under this Agreement.
3.2.7 Coordination of Services: Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Consultant represents that
all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from
the City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein.
3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of
and in compliance with applicable local state and federal laws, rules and regulations in
any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be
liable for all violations of such laws and regulations in connection with Services. If the
Consultant performs any work knowing it to be contrary to such laws, rules and
Attachment A - Page 4
regulations and without giving written notice to the City, Consultant shall be solely
responsible for all costs arising therefrom. Consultant shall indemnify and hold City, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any liability to the extent found to be
arising out of any failure to comply with such laws, rules or regulations.
3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for
the duration of this Agreement insurance coverage as specified in Exhibit B attached to
and part of this agreement.
3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of its
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and life saving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation: Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement and shall not
exceed [INSERT WRITTEN AMOUNT] Dollars [(INSERT NUMERIC AMOUNT)] and in
accordance with consultant's proposal dated [INSERT DATE]. Consultant's proposal is
hereby incorporated and found in Exhibit "A". Extra Work may be authorized in writing, as
described below, and will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Payment of Compensation: Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 30 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work: At 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,
Attachment A - Page 5
but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work
without written authorization from City's Representative.
3.3.5 Prevailing Wages: Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require
the payment of prevailing wage rates and the performance of other requirements on
"public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and
if the total compensation is $1,000 or more, Consultant agrees to fully comply with such
Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates
of per diem wages for each craft; classification or type of worker needed to execute the
Services available to interested parties upon request and shall post copies at the
Consultant's principal place of business and at the project site. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to comply
with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection: Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have
been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents/ Data and other information of any kind prepared by Consultant in connection
with the performance of Services under this Agreement. Consultant shall be required to
Attachment A - Page 6
provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services: In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices: All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
CITY:
[INSERT COMPANY NAME]
[INSERT ADDRESS]
Attn: [INSERT PRIMARY CONTACT]
Tel: [INSERT PHONE NUMBER]
City of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
Attn: [INSERT CITY CONTACT]
Such notice shall be deemed made when personally delivered orwhen mailed, forty- eight
(48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property: This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited
to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement
("Documents & Data"). Consultant shall require all subcontractors to agree in writing that
City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared
by design professionals other than Consultant or provided to Consultant by the City.
The Documents & Data are intended for use solely with respect to the project for which
they were prepared. Any reuse or modification by City shall be at City's sole risk.
Attachment A - Page 7
3.5.3.2 Confidentiality: All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use City's name or
insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate
with one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees: If either party commences an action against
the other party, either legal, administrative or otherwise, arising out of or in connection
with this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and all costs of such action as
part of prevailing party's total damages as determined by court of competent jurisdiction
or as agreed upon by the parties in settlement.
3.5.6 Indemnity and Defense.
a. Indemnity and Defense
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless
Agency and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all losses, liabilities, damages, costs and expenses, including legal
counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or
omission of Consultant, its officers, agents, employees or subconsultants (or any agency
or individual that Consultant shall bear the legal liability thereof) in the performance of
services under this agreement. Consultant's duty to indemnify and hold harmless Agency
shall not extend to the Agency's sole or active negligence.
b. Duty to Defend
In the event the Agency, its officers, employees, agents and/or volunteers are made a
party to any action, lawsuit, or other adversarial proceeding arising from the performance
of the services encompassed by this agreement, and upon demand by Agency,
Consultant shall defend the Agency at Consultant's cost or at Agency's option, to
reimburse Agency for its costs of defense, including reasonable attorney's fees and costs
Attachment A - Page 8
incurred in the defense of such matters to the extent the matters arise from, relate to or
are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is
not a condition precedent to enforcement of this provision. In the event of any dispute
between Consultant and Agency, as to whether liability arises from the sole or active
negligence of the Agency or its officers, employees, or agents, Consultant will be
obligated to pay for Agency's defense until such time as a final judgment has been
entered adjudicating the Agency as solely or actively negligent. In no event shall the cost
to defend charged to the design professional exceed the design professional's
proportionate percentage of fault.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of the State
of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence: Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants: City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns: This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions: Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed
calendar days and not work days. All references to Consultant include all personnel,
employees, agents, and subcontractors of Consultant, except as otherwise specified in
this Agreement. All references to City include its elected officials, officers, employees,
agents, and volunteers except as otherwise specified in this Agreement. The captions of
the various articles and paragraphs are for convenience and ease of reference only, and
do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification: No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
Attachment A - Page 9
3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party
any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants
that it has not paid nor has it agreed to pay any company or person, other than a bona
fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. Consultant further agrees to file, or shall cause its employees or
subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as
required under state law in the performance of the Services. For breach or violation of
this warranty, City shall have the right to rescind this Agreement without liability. For the
term of this Agreement, no member, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Consultant shall also comply with all
relevant provisions of City's Minority Business Enterprise program, Affirmative Action
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement: Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
Attachment A - Page 10
3.5.22 Counterparts: This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the
work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
[Signatures on next Page]
CITY OF ROSEMEAD
Ben Kim, Acting City Manager Date
Attest:
Ericka Hernandez, City Clerk Date
Approved as to Form:
Rachel Richman
City Attorney
uare
Attachment A - Page 11
[INSERT COMPANY NAME]
91
Name:
Title:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL
OF CONTRACTOR REQUIRED]
Name:
Title:
EXHIBIT A
SCOPE OF SERVICES/ RATE SCHEDULE
Attachment A - Page 12
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
determined, not requiring actual payment by the insured first. There shall be no cross -
liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of Consultant, subconsultants
or others involved in the Work. The scope of coverage provided is subject to approval of
Attachment A - Page 13
City following receipt of proof of insurance as required herein. Limits are subject to review
but in no event less than $1 Million per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must include work performed under this agreement. The policy limit shall be no
less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of
the insured and must include a provision establishing the insurer's duty to defend the
Named Insured. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with an A.M. Bests rating of A- or
better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
Consultant agrees to have its insurer endorse the third -party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 (or
otherwise consistent with the insurer's endorsement). Consultant also
agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the
right of subrogation prior to a loss. Consultant agrees to waive subrogation
rights against City regardless of the applicability of any insurance proceeds,
and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement
relating to the City or its operations limits the application of such insurance
coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any
exclusion for bodily injury to an employee of the insured or of any contractor
or subcontractor.
Attachment A - Page 14
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Consultant shall
not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall
be delivered to City at or prior to the execution of this Agreement. In the
event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement coverage
is provided, City has the right, but not the duty, to obtain any insurance it
deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Consultant or deducted from sums due Consultant, at
City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City
of any cancellation of coverage. A ten (10) day notice to City shall apply to
nonpayment of premiums. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that
any party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance
coverage (except Professional Liability and Workers' Compensation)
required to be provided by Consultant or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other
insurance or self-insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of
Consultant. Consultant agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Consultant agrees that
upon request, all agreements with subcontractors and others engaged in
the project will be submitted to City for review.
11. Consultant agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance
Attachment A - Page 15
of work on the project contemplated by this agreement to self -insure its
obligations to City. If Consultant's existing coverage includes a deductible
or self-insured retention, the deductible or self-insured retention must be
declared to the City. At that time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or
self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to
City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does
it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that
effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Consultant's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing
or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with
respect to City, its employees, officials and agents.
Attachment A - Page 16
18. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue, and is not intended by any
party or insured to be limiting or all inclusive.
19. These insurance requirements are intended to be separate and distinct from
any other provision in this agreement and are intended by the parties here
to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by
this agreement. Any such provisions are to be deleted with reference to City.
It is not the intent of City to reimburse any third party for the cost of
complying with these requirements. There shall be no recourse against City
for payment of premiums or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve
Attachment A - Page 17
CITY OF ROSEMEAD
ADDENDUM #1
REQUEST FOR PROPOSALS
FOR
CITYWIDE SIDEWALK ADA MASTER PLAN
RFP NO. 2022-30
Date Issued: November 25, 2022
Addendum for: Request for Proposals for CITYWIDE SIDEWALK ADA MASTER
PLAN, RFP No: 2022-30
Addendum No.: 1
Addendum Date: November 25, 2022
Issued by: City of Rosemead
Reminder 1: Proposal due date/time remains unchanged. Proposals are due at 2:00
PM on Wednesday, November 30, 2022.
Reminder 2: Please acknowledge this Addendum in Section 6. Addenda
Acknowledgement of your proposal.
Addendum 1 provides responses to the questions received on this RFP. Please see
below responses provided:
Question 1: Can the City provide an estimated linear measurement of sidewalks in
miles?
Response 1: The City does not have this information. As part of the project, the
selected firm will investigate and perform an inventory of the City's existing sidewalks
and curb ramps as described in Task 2: Data Collection. Rosemead's road network
consists of approximately 30.2 centerline miles of arterial and collector roads; and
53.0 centerline miles of local residential streets. Some road network has sidewalks &
ramps, and some does not.
Question 2: Does the City have an estimated number of curb
Response 2: The City does not have this information.
Question 3: Does the City have an estimated number of signalized intersections?
Response 3: City of Rosemead has a total of forty-three (43) signalized intersections.
Issued by City of Rosemead
Addendum 1, Page 1 of 1
El
Attachment C
Professional Services Agreement with Bucknam
Infrastructure Group, Inc.
PROFESSIONAL SERVICES AGREEMENT
ENGINEERING SERVICES
FOR SIDEWALK ADA MASTER PLAN
(BUCKNAM INFRASTRUCTURE GROUP, INC.)
PARTIES AND DATE.
This Agreement is made and entered into this 10th Day of January, 2023 (Effective
Date) by and between the City of Rosemead, a municipal organization organized under
the laws of the State of California with its principal place of business at 8838 E. Valley
Blvd., Rosemead, California 91770 ("City") and Bucknam Infrastructure Group, Inc. with
its principal place of business at 3548 Seagate Way, Suite 230, Oceanside, CA 92056
("Consultant'). City and Consultant are sometimes individually referred to herein as
"Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing Engineering
Services for the Pavement Management Program 2022 Update 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 a Consultant to render such ongoing professional
Engineering Services for a Sidewalk ADA Master Plan ("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 Engineering
Services for the Sidewalk ADA Master Plan, herein referred to a "Services". The Services
are more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from the Effective Date
shown above to January 10, 2024, at the sole and absolute discretion of the City, unless
earlier terminated as provided herein. Consultant shall complete the Services within the
term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services: Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Consultant's conformance with the Schedule,
City shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements: All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel: Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Consultant cannot agree as to the substitution of key personnel, City shall
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 Peter J.
Bucknam, or his/her designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his/her professional skill and attention, and shall be responsible for all means,
methods, techniques, sequences and procedures and for the satisfactory coordination of
all portions of the Services under this Agreement.
3.2.7 Coordination of Services: Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Consultant represents that
all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from
the City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein.
3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of
and in compliance with applicable local state and federal laws, rules and regulations in
any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be
liable for all violations of such laws and regulations in connection with Services. If the
Consultant performs any work knowing it to be contrary to such laws, rules and
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 Fifty -Four Thousand Nine Hundred and Eight -Five Dollars ($54,985) and in
accordance with consultant's proposal dated November 30, 2022. Consultant's proposal
is hereby incorporated and found in Exhibit "A". Extra Work may be authorized in writing,
as described below, and will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Payment of Compensation: Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 30 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work: At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work
without written authorization from City's Representative.
3.3.5 Prevailing Wages: Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require
the payment of prevailing wage rates and the performance of other requirements on
"public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and
if the total compensation is $1,000 or more, Consultant agrees to fully comply with such
Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates
of per diem wages for each craft; classification or type of worker needed to execute the
Services available to interested parties upon request and shall post copies at the
Consultant's principal place of business and at the project site. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to comply
with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection: Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have
been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents/ Data and other information of any kind prepared by Consultant in connection
with the performance of Services under this Agreement. Consultant shall be required to
provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services: In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices: All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
CITY:
Bucknam Infrastructure Group, Inc.
3548 Seagate Way, Suite 230
Oceanside, CA 92056
Attn: Peter J. Bucknam
Tel: (760) 216-6529
City of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
Attn: Michael Chung
Director of Public Works
Tel: (626) 569-2150
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.
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.
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.
3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants
that it has not paid nor has it agreed to pay any company or person, other than a bona
fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. Consultant further agrees to file, or shall cause its employees or
subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as
required under state law in the performance of the Services. For breach or violation of
this warranty, City shall have the right to rescind this Agreement without liability. For the
term of this Agreement, no member, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Consultant shall also comply with all
relevant provisions of City's Minority Business Enterprise program, Affirmative Action
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement: Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts: This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
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
BUCKNAM
INFRASTRUCTURE GROUP,
INC.
By:
Ben Kim, City Manager Date
Name:
Attest:
Title:
Ericka Hernandez, City Clerk Date
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL
OF CONTRACTOR REQUIRED)
Approved as to Form:
By:
Name:
Rachel Richman Date
City Attorney
Title:
EXHIBIT A
SCOPE OF SERVICES/ RATE SCHEDULE
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant will
use existing coverage to comply with these requirements. If that existing coverage does
not meet the requirements set forth here, Consultant agrees to amend, supplement or
endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property damage. The policy
must include contractual liability that has not been amended. Any endorsement restricting
standard ISO "insured contract" language will not be accepted.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non -owned auto endorsement to the general liability policy
described above. If Consultant or Consultant's employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability coverage
for each such person.
Workers Compensation on a state -approved policy form providing statutory
benefits as required by law with employer's liability limits no less than $1,000,000 per
accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-insured
retention for liability not covered by primary but covered by the umbrella. Coverage shall
be provided on a "pay on behalf basis, with defense costs payable in addition to policy
limits. Policy shall contain a provision obligating insurer at the time insured's liability is
determined, not requiring actual payment by the insured first. There shall be no cross -
liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of Consultant, subconsultants
or others involved in the Work. The scope of coverage provided is subject to approval of
City following receipt of proof of insurance as required herein. Limits are subject to review
but in no event less than $1 Million per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must include work performed under this agreement. The policy limit shall be no
less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of
the insured and must include a provision establishing the insurer's duty to defend the
Named Insured. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with an A.M. Bests rating of A- or
better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
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.
No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the
right of subrogation prior to a loss. Consultant agrees to waive subrogation
rights against City regardless of the applicability of any insurance proceeds,
and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement
relating to the City or its operations limits the application of such insurance
coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any
exclusion for bodily injury to an employee of the insured or of any contractor
or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Consultant shall
not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period} that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall
be delivered to City at or prior to the execution of this Agreement. In the
event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement coverage
is provided, City has the right, but not the duty, to obtain any insurance it
deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Consultant or deducted from sums due Consultant, at
City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City
of any cancellation of coverage. A ten (10) day notice to City shall apply to
nonpayment of premiums. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that
any party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance
coverage (except Professional Liability and Workers' Compensation)
required to be provided by Consultant or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other
insurance or self-insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of
Consultant. Consultant agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Consultant agrees that
upon request, all agreements with subcontractors and others engaged in
the project will be submitted to City for review.
11. Consultant agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance
of work on the project contemplated by this agreement to self -insure its
obligations to City. If Consultant's existing coverage includes a deductible
or self-insured retention, the deductible or self-insured retention must be
declared to the City. At that time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or
self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to
City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does
it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that
effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Consultant's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing
or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with
respect to City, its employees, officials and agents.
18. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue, and is not intended by any
party or insured to be limiting or all inclusive.
19. These insurance requirements are intended to be separate and distinct from
any other provision in this agreement and are intended by the parties here
to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by
this agreement. Any such provisions are to be deleted with reference to City.
It is not the intent of City to reimburse any third party for the cost of
complying with these requirements. There shall be no recourse against City
for payment of premiums or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve