HomeMy WebLinkAboutPavment Management Program (PMP) Update1
DEPARTMENT OF PUBLIC WORKS
CITY OF DIAMOND BAR, CALIFORNIA
REQUEST FOR PROPOSALS (RFP)
Pavement Management Program (PMP) Update
Due Date: 3:00 p.m. on 12/20/2024
The City of Diamond Bar invites qualified engineering consultants to submit
proposals for a comprehensive update to its Pavement Management Program
(PMP). This update will include an inspection and evaluation of pavement conditions
for all routes in the system, as well as an assessment of budget needs for
rehabilitation.
All questions for clarification related to this Request for Proposals (RFP) must be
submitted via email to Christian Malpica, Associate Engineer, at
Malpica@DiamondBarCA.gov by 3:00 p.m. on 12/16/2024. No oral questions or
inquiries will be accepted. Any interpretations or corrections to this RFP will be
issued only through an official addendum from the City.
Approved for Advertising:
_________________________________________________
David G. Liu, P.E.
Public Work Director/City Engineer
Date Issued: 11/26/2024
1
TABLE OF CONTENTS
I. Notice of Request for Proposals ……………………………………… 2
II. RFP Procurement Schedule …………………………………………... 2
III. Instruction to Consultants ……………………………………………… 2
IV. Services Requested ……………………………………………………. 2
V. Proposal Requirements ……………………………………………..…. 6
VI. Evaluation and Award ……………………………………….…………. 8
APPENDIX
A. City’s Pavement Areas Map
B. Sample Professional Service Agreement
C. City’s General Plan Bicycle Network
1
NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT
All responses to this Request for Proposals (RFP) submitted to the City of Diamond Bar
shall become the exclusive property of the City. When the City Manager recommends a
Consultant to the City Council, all accepted proposals will become public record, with the
exception of elements marked as “Trade Secret,” “Confidential,” or “Proprietary.”
Consultants must clearly mark any elements they wish to protect from public disclosure.
Blanket statements regarding entire pages or documents will not be sufficient and will not
bind the City. If disclosure is required or permitted under the California Public Records Act
or other applicable law, the City will not be liable for any such disclosure.
RIGHT TO REJECT ALL PROPOSALS
The City reserves the right to modify or reduce elements of the scope of work prior to
awarding any contract. Additionally, the City may reject any or all proposals submitted, and
no representation is made that a contract will be awarded as a result of this Request for
Proposals.
All costs incurred in the preparation of proposals, submission of additional information, or
any other aspect prior to the award of a written contract will be the responsibility of the
proposer. The City will only provide the staff assistance and documentation specifically
mentioned herein and will not be liable for any other costs or obligations incurred by the
proposing firm. All proposals submitted in response to this RFP will become the property of
the City.
BACKGROUND AND INTRODUCTION
The City’s pavement network consists of approximately 145 centerline miles of streets,
including 36.1 miles of arterial roads, 4.1 miles of collector streets, and 104.8 miles of
residential streets.
Within the City, there are seven Street Pavement Rehabilitation Areas, numbered 1 to 7.
Three of these areas have received treatment as recommended by the current 2022
Pavement Management Program (PMP). Each treatment year focuses on residential
streets in a turn-based order, while arterial streets are addressed separately on a year-by-
year basis. See current City’s Pavement Areas Map in Appendix A.
The last update to the City’s pavement conditions was conducted in 2022 using the
StreetSaver software. It is anticipated that the overall network Pavement Condition Index
(PCI) will improve by the end of 2024, following treatments in Residential Areas 1, 2, and
3, as well as the completion of significant arterial rehabilitation projects: Golden Spring
Drive from Brea Canyon to Lemon (Area 1), Golden Spring Drive from Brea Canyon to
Grand (Area 2), and Golden Springs Drive from Grand Avenue to Temple-Avenida
Rancheros, Grand Avenue from Diamond Bar Blvd. to City Limits, and Gateway Corporate
Center (Area 3).
2
I. NOTICE OF REQUEST FOR PROPOSALS
The City of Diamond Bar invites qualified engineering consultants to submit proposals for
a comprehensive update to the PMP.
Responses to this RFP will be accepted until Friday, 12/20/2024, at 3:00 p.m. through the
City’s online bid management platform, PlanetBids. Proposals submitted by any means
other than PlanetBids will be returned to the vendor unopened.
II. RFP PROCUREMENT SCHEDULE
Submitting a proposal constitutes acknowledgment and acceptance of all terms and
conditions outlined in this RFP, as well as any addenda and attachments.
ACTION DATE
Release of Request for Proposal 11/26/2024
Last Day to Submit Questions for Clarification
received by the City on or before 3:00 p.m.
12/16/2024
Deadline for Receipt of Proposals
submitted on or before 3:00 pm
12/20/2024
Interview of Selected Consultant(s) Week of January 13, 2025
City Council Award 2/4/2025
III. INSTRUCTIONS TO CONSULTANTS
Interested proposers may download copies of the RFP by visiting Planetbids or City’s
website, https://www.diamondbarca.gov. All addenda will be published on Planetbids.
IV. SERVICES REQUESTED
This RFP is for a comprehensive update to the City’s PMP, which includes the inspection
and evaluation of pavement conditions for all routes in the system, as well as determining
budget needs for rehabilitation. The City currently uses StreetSaver software and will
provide its existing PMP data to the selected proposer/consultant.
To be eligible for consideration, proposers must demonstrate experience and proficiency
in developing or updating PMPs for other public agencies in the greater Los Angeles area.
Please provide the following information: project location, owner, year the report was
completed, and the names of your project manager and engineer.
3
Scope Outline
The scope of work includes conducting pavement condition inspections of the entire City-
maintained street network in accordance with ASTM D6433 protocols. The goal of this
project is to update the PMP with current pavement conditions and perform funding
analyses. The PMP facilitates regular assessments to ensure accurate tracking of
pavement conditions and effective planning of maintenance efforts.
The objectives of this PMP update are to:
· Implement a PMP to assist the City in inventorying its street sections and inform
policymakers about necessary funding levels for street maintenance.
· Perform pavement condition inspections of the City’s maintained street network and
determine the overall Pavement Condition Index (PCI).
· Develop appropriate maintenance and rehabilitation (M&R) strategies.
· Conduct budgetary analyses to determine M&R funding needs.
The consultant shall propose a practical and effective Pavement Management Program
(PMP) tailored to meet the specific needs of the City. The proposal should consider the
City’s current and anticipated requirements, available resources, and any unique factors
that may impact pavement management. Prior to finalizing the PMP report, the vendor is
required to schedule a meeting with City staff to review the proposed PMP, discuss any
recommendations, and ensure alignment with the City's goals and priorities.
The City is open to exploring the use of innovative technologies and techniques in the
Pavement Management Program. As part of the proposal, the vendor may include these
advanced options as an optional task. The City will review and evaluate the potential
benefits and feasibility of incorporating these innovations into the updated program, with
the option to proceed based on the City’s needs and budget considerations.
The following is an outline of the work to be provided by the consultant. While this scope is
believed to include all essential elements for completing the project, proposers are
encouraged to suggest any additional items they believe may have been overlooked as
optional services.
Task 1 – Agreement for Professional Services
The awarded consultant will be required to execute an Agreement for Professional Services
and provide a certificate of insurance to the City of Diamond Bar. A sample professional
services agreement is included in Appendix B.
Task 2 – Kick-Off/Progress Meetings
At the onset of services, the consultant will meet with City staff to finalize the scope of work,
establish key personnel, and review the proposed pavement inspection methodology and
schedule. The consultant shall provide information regarding the equipment to be used and
working hours, allowing the City to communicate this information to the public prior to the
4
start of work. The City will supply its current PMP data, including StreetSaver data, along
with a map and list of planned street rehabilitation projects. The City will also provide design
or as-built plans for recent and upcoming street rehabilitation projects.
Task 3 – Inventory, Inspection, and Evaluation of Existing Routes
The consultant shall inventory, inspect, and evaluate the existing bikeway as a standalone
asset, separate from the City’s street PMS inventory. The bikeway shall be improved or
incorporated into arterials without a bikeway, in accordance with Diamond Bar General Plan
Bicycle Network (see Appendix C). The consultant shall provide the segments in GIS data
format compatible with ESRI ArcGIS. For each segment, the consultant will evaluate the
Pavement Condition Index (PCI), number, width, and type of lanes (bicycle only, pedestrian
only, or shared), surface type, and inspection date.
Task 4 – Resource Requirements and Fee Schedule
Provide an estimate of man-hours and fees, along with a total "Not to Exceed" fee for the
project. Clearly state all assumptions upon which the estimates are based, and provide the
hourly rates for all personnel assigned to the project. These rates will be used to negotiate
any additional work requested by the City.
Task 5 – Pavement Condition Inspection and Evaluation
The consultant shall perform an objective automated (or equivalent manual) surface
condition survey of all streets and alleys within the City, excluding private streets. The
inspection will include, at a minimum, the following information: alligator cracking, block
cracking, distortions, longitudinal and transverse cracking, patching and utility cuts, rutting,
depressions, settling, weathering, and raveling. Data will be entered into the StreetSaver
software program or an alternative approved by the City. Based on this data, the consultant
shall use the software to produce a PCI for each segment.
The inspection shall also verify or note the length, classification (Arterial, Collector,
Residential), surface type (AC, AC-ARHM, PCC), number of lanes, and inspection date for
each segment.
If an alternative software is approved, the consultant will be responsible for associating
each segment in the new software with the corresponding segment in the old software. The
alternative software should be capable of outputting:
a. Pavement inventory
b. Assessment of pavement condition
c. Identification of all sections of pavement and improvement strategies, including a
slurry schedule for newly repaved streets
d. Cost-benefit analysis and strategy for utilizing existing and projected street repair
budgets
e. Priority listing
5
The pavement management software must be able to develop one to ten-year
recommendations indicating the rehabilitation strategy (e.g., total reconstruction, asphalt
concrete overlay, slurry seal), year of implementation, associated costs (with assumed
inflation), and expected service life. It must also incorporate variable funding levels, allow
modifications to scheduled activities, conduct detailed project-level analysis, update historic
data, support user-defined variables, modify and add strategies, develop new models, and
comply with all state and federal funding program requirements. Subsequent re-inventories
of the pavement network should be performable by City staff without consultant assistance
or equipment.
Task 6 – Pavement Management Program Report
The consultant shall prepare an updated PMP report that includes a network description,
current pavement conditions, maintenance and rehabilitation recommendations (including
a slurry schedule for newly repaved streets), budget needs, and scenarios, along with
tables and maps of the PCI for each segment.
The "Pavement Current Condition" section shall detail the present condition of the
pavement and its projected performance over the next ten years based on predictive
modeling and local conditions. The report shall describe the field data collection techniques
utilized by the consultant and identify the form, condition, and causes of pavement failure,
if possible. It must integrate surface distress, roughness, rutting, raveling condition, crack
condition, drainage condition, utility cuts, street sections, functional classification, ride
quality, traffic volume, and overall condition rating into its analysis.
The "Maintenance and Rehabilitation" section shall outline necessary strategies to achieve
the desired level of serviceability. The consultant will recommend strategies and unit costs
based on local conditions and explain the advantages and disadvantages of each strategy.
The report shall allow for the simultaneous analysis of various M&R strategies, including
preventive and corrective maintenance, recycling alternatives, and surface and base
reconstruction.
The "Budget Needs and Scenarios" section shall indicate the budget required to achieve
the desired level of serviceability over the next ten fiscal years. One scenario shall assess
the effects on PCI assuming current funding levels and the City’s existing Seven-Year
Maintenance Program. A “maintain” scenario shall describe the budget needed to sustain
the City’s average PCI, while an “improve” scenario shall outline the budget needed to
increase the average PCI by 10 points.
The report shall provide a recommended action plan for City staff to conduct future PMP
updates, including a suggested inspection schedule to ensure that all arterial and collector
routes are assessed at least once every three years (with the option to suggest alternative
schedules), and all residential routes at least once every six years (with the option to
suggest alternative schedules). The report shall also identify any additional scenarios,
beyond the normal service areas, where revisions to the city's Pavement Area Map may be
warranted. The consultant shall propose additional areas for inclusion in the map update,
considering factors such as traffic patterns, pavement condition, and other relevant criteria.
6
Additionally, the report shall describe recommended field data collection techniques to
ensure accurate and efficient assessments.
Tables and maps included in the report shall be provided as a GIS layer in a format
compatible with ESRI ArcGIS, enabling City staff to upload it to the City website for
interactive access by residents and elected officials to view the PCI of each street segment.
Task 7 – Training
The consultant shall provide on-site training for City staff at Diamond Bar City Hall on the
operations and maintenance of the PMS software. Training will cover data collection,
pavement condition surveys, computer operations, data entry/editing, PCI calculations and
updates, budget needs analyses, budget optimization analyses, report generation,
database management, and GIS updates. Additionally, the consultant will assist in updating
the existing software database to reflect pavement work completed over the past three
years, ensuring the most current data is incorporated into the system.
Task 8 – Presentation
The consultant shall present a summary of their report to designated City staff and/or
elected officials, including after normal business hours. This task will include submitting a
draft PowerPoint document for City staff review in advance of the presentation. The
consultant should be prepared to answer questions during the presentation.
V. PROPOSAL REQUIREMENTS
Proposals must include the following information and are limited to a total of 20 pages:
1. Cover Letter
Describe your firm’s background in creating and/or updating pavement management
systems for local agencies. Highlight why your firm should be selected, and ensure
the letter is signed by an authorized individual who can negotiate a contract with the
City. Unsigned cover letters or those signed by unauthorized individuals will be
considered nonresponsive and rejected.
2. Staffing Qualifications
Demonstrate the availability and qualifications of staff who will perform the proposed
work. Indicate the Project Manager's name and their office location relative to the
City of Diamond Bar. Include the consultant’s proficiency in relevant areas to align
with the City’s needs. Provide a complete list of all key personnel associated with
this RFP, including their office locations, and include resumes detailing their
experience on similar projects. An organizational chart showing the relationships
among the consultant team/staff and any other parties with significant roles in
service delivery should also be included.
7
3. Relevant Experience
Describe applicable experience by detailing similar work previously completed to
client satisfaction. Provide a minimum of three (3) recent examples of PMP
developed and/or updated.
4. Project Schedule
Review the City’s schedule outlined in this RFP (see the RFP Procurement Schedule
and Services Requested sections) and provide comments, suggested modifications,
changes, and/or additions as appropriate. Include significant milestone dates
necessary to complete all tasks, indicate resources allocated to each major task
category, and discuss your firm's commitments to other projects during this
timeframe.
5. Proposed Field Data Collection and Analysis Methods
Describe the equipment and methods to be used for inventorying the required routes
and objectively assessing the surface conditions of each segment. Include details
about the PMS software to be used and its features. If proposing software other than
StreetSaver, provide:
a. A comparison of the advantages and disadvantages of the alternative software,
including long-term licensing and user costs for the City;
b. Any fee reduction you would offer if the City approves the alternative software; and
c. A statement indicating your willingness to complete the services using StreetSaver
if the alternative software is not approved.
6. Sub-consultants
Provide a list of sub-consultants, detailing the items of work they will perform. Include
resumes of key personnel and their relevant experience for each named sub-
consultant.
7. Sample of Consultant’s Quality of Work
Include a complete, recent Pavement Management Report prepared by your team
(an active hyperlink to the report is acceptable in lieu of a large file attachment) to
demonstrate your firm’s expertise and quality of work. This sample report will not
count against the 20-page proposal limit.
8. References
Provide at least three references (name, agency, title, address, and telephone) for
recent similar or related work with local agencies. The City may contact any or all of
the references provided to assess your performance record.
8
9. Certificate of Insurance
The awarded consultant must execute an Agreement for Professional Services and
provide a certificate of insurance to the City. Proof of liability insurance must
accompany your proposal but will not count toward the 20-page limit. Include a
statement acknowledging acceptance of the Professional Services Agreement.
10. Fee Schedule
Provide a fee schedule broken down by the tasks listed in this RFP. Additional tasks
may be included if you believe they have been overlooked in the City’s preparation
of this RFP. Include hourly fee rates for applicable key staff for potential additional
services. The Fee Schedule should be submitted as a separate PDF file and will not
count against the 20-page proposal limit.
VI. EVALUATION AND AWARD
A selection committee will review the RFPs from interested firms and rank them according
to established criteria. The committee will include staff from the Public Works Department’s
engineering division. The City reserves the right to interview qualified firms, if necessary,
before making final selections. Short-listed firms will be notified if interviews are required.
Each proposal will be evaluated based on the following criteria:
A. Completeness of Response____________________________________Pass/Fail
Responses to this RFP must be complete. Proposals that do not include all required
content specified in this RFP and any subsequent addenda, or that fail to address
each of the items listed above, will be deemed incomplete. Such proposals will
receive a rating of "Fail" in the Evaluation Criteria and will not be considered further.
B. Exclusion and Disqualification__________________________________Pass/Fail
You, your principal and named sub-consultants are not identified on the list of
Federally debarred, suspended or other excluded parties found at sam.gov.
C. Staffing Qualification__________________________________________20 Points
The qualifications of staff designated to work on the scope of services have
extensive applicable education and experience including required licenses.
Assigned staff have a home office within reasonable distance to the City to perform
field observations as requested.
9
D. Firm Qualifications___________________________________________20 Points
Experience with similar projects, responsiveness and demonstrated understanding
of the City’s needs, and the proximity of both consultants and subconsultants to the
City.
E. Approach/Methodology________________________________________25 Points
Presentation of the work program and plan, format and content of the RFP, and
procedures for scheduling and reporting.
F. Hours – Level of Effort (Staffing Commitment and Time Allocation)_______20 Points
Project manager/engineer, inspector (if applicable), and frequency of meetings with
City staff and Council meetings. The consultant should be available for training and
presentations at suitable times.
G. Ability to meeting City’s Schedule and Expectations__________________10 Points
The required services can be completed promptly, with progress meetings
scheduled to give City staff sufficient time to review the Consultant’s work prior to
project deadlines.
H. Relevant Reference (Record of Performance)_______________________5 Points
Demonstrate the consultant’s capabilities and reliability.
Total 100 points
APPENDIX A
City’s Pavement Areas Map
DEPARTMENT OF PUBLIC WORKS
Legend
Project 2
Project 4
Project 6
CITY OF DIAMOND BAR
City's Areas Map
ZONE TREATMENT (COMPLETED) MORATORIUM
YEAR END
AREA 1 2022 2024
AREA 2 2023 2025
AREA 3 2024 2026
AREA 4 ------- -------
AREA 5 ------- -------
AREA 6 2019 2021
AREA 7 2020 2022
AREA 5
AREA 1
AREA 7
AREA 2
AREA 1
AREA 4
AREA 3
APPENDIX B
Sample Professional Services Agreement
1 Professional Services - Design
CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of Date by and between the
City of Diamond Bar, a municipal corporation ("City") and _______ a California
corporation ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the City the design services for the Diamond
Bar Pavement Management Program (PMP) Update set forth in the attached Exhibit
"A", which is incorporated herein by this reference. As a material inducement to the City
to enter into this Agreement, Consultant represents and warrants that it has thoroughly
investigated the work and fully understands the difficulties and restrictions in performing
the work. Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its
principals and employees.
Christian Malpica, Associate Engineer (herein referred to as the “City’s Project
Manager”), shall be the person to whom the Consultant will report for the performance
of services hereunder. It is understood that Consultant shall coordinate its services
hereunder with the City’s Project Manager to the extent required by the City’s Project
Manager, and that all performances required hereunder by Consultant shall be
performed to the satisfaction of the City’s Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect ________, 20XX,
and shall continue until the work herein is completed unless earlier terminated pursuant
to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant to this
Agreement shall not exceed ________________ ($ ) without the prior written consent
of the City. The above not to exceed amount shall include all costs, including, but not
limited to, all clerical, administrative, overhead, telephone, travel and all related
expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
2 Professional Services - Design
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
C. City will pay Consultant the amount invoiced the City will pay Consultant
the amount properly invoiced within 35 days of receipt,
D. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in
the scope or complexity of work, or for any other reason, shall be made unless and until
such extra services and a price therefore have been previously authorized in writing and
approved by the City Manager or his designee as an amendment to this Agreement.
The amendment shall set forth the changes of work, extension of time, if any, and
adjustment of the fee to be paid by City to Consultant.
6. Priority of Documents. In the event of any inconsistency between the
provisions of this Agreement and any attached exhibits, the following order of
precedence shall apply: (a) This agreement; (b) The City’s Request for Proposal, dated
November 24, 2024; and (c) Consultant’s Proposal dated_______.
7. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable Worker's Compensation laws.
3 Professional Services - Design
D. Consultant shall, at Consultant’s sole cost and expense apply the
reasonable standard of care to comply with all federal, state and local governmental
permit or licensing requirements, including but not limited to the City of Diamond Bar,
South Coast Air Quality Management District, and California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the
right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification required by this Agreement or for any
amount or penalty levied against the City for Consultant’s failure to comply with this
Section.
8. Standard of Performance. Consultant shall perform all work consistent
with the standard of care and skill ordinarily exercised by members of the profession
under similar conditions at the time and locality where the services are performed and
represents that it and any subcontractors it may engage, possess any and all licenses
which are required to perform the work contemplated by this Agreement and shall
maintain all appropriate licenses during the performance of the work.
9. Indemnification. Consultant shall indemnify and hold harmless City, its
officers, officials, employees and volunteers ("Indemnitees") from and against all
liability, loss, damage, expense, cost (including without limitation reasonable attorneys'
fees, expert fees and all other costs and fees of litigation) arising out of or in connection
with:
(1) Any and all claims under Worker’s Compensation acts and other employee
benefit acts with respect to Consultant’s employees or Consultant’s contractor’s
employees arising out of Consultant’s work under this Agreement; and
(2) Any and all claims arising out of Consultant's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement,
regardless of City’s passive negligence, but excepting such loss or damage which is
caused by the sole active negligence or willful misconduct of the City. Should City in its
sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall
reimburse the City its costs of defense, including without limitation reasonable attorneys'
fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly
pay any final judgment rendered against the Indemnitees. It is expressly understood
and agreed that the foregoing provisions are intended to be as broad and inclusive as is
permitted by the law of the State of California and will survive termination of this
Agreement. Except for the Indemnitees, this Agreement shall not be construed to
extend to any third-party indemnification rights of any kind.
(3) The Consultant's obligations to indemnify, defend and hold harmless the City
shall survive termination of this Agreement.
4 Professional Services - Design
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater; and
(5) Professional liability insurance covering errors and omissions arising
out of the performance of this Agreement with a combined single limit of $1,000,000. If
such insurance is on a claim made basis, Consultant agrees to keep such insurance in
full force and effect for at least five years after termination or date of completion of this
Agreement.
B. The City, its officers, employees, agents, and volunteers shall be named
as additional insureds on the policies as to comprehensive general liability, property
damage, and automotive liability. The policies as to comprehensive general liability,
property damage, and automobile liability shall provide that they are primary, and that
any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not
be non-renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and except for professional liability insurance, shall be
issued by an insurance company which is authorized to do business in the State of
California or which is approved in writing by the City; and shall be placed have a current
A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance,
such coverage shall be issued by companies either licensed or admitted to conduct
5 Professional Services - Design
business in the State of California so long as such insurers possesses the
aforementioned Best's rating.
E. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance policy
endorsements or a copy of the insurance policy evidencing the additional insured
requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self-insured retention
(“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City pay the SIR
or deductible on Consultant’s due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor
to the City for review and approval. All insurance for subcontractors shall be subject to
all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
6 Professional Services - Design
12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Consultant in the performance of this Agreement
shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Consultant may, however, make and retain such copies of said
documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the “records”) pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the
event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
7 Professional Services - Design
Consultant or under it supervision, and all personnel engaged in the work shall be
qualified to perform such services. Except as provided in this Agreement, Consultant
reserves the right to determine the assignment of its own employees to the performance
of Consultant's services under this Agreement, but City reserves the right in its sole 7
discretion to require Consultant to exclude any employee from performing services on
City's premises.
17. Prevailing Wage. Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
Consultant is required to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public works is performed, and
not less than the general prevailing rate of per diem wages for holiday and overtime
work. In that regard, the Director of the Department of Industrial Relations of the State
of California is required to and has determined such general prevailing rates of per diem
wages. Copies of such prevailing rates of per diem wages are on file in the Office of the
City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California,
and are available to any interested party on request. City also shall cause a copy of
such determinations to be posted at the job site.
The Consultant shall forfeit, as penalty to City, not more than twenty-five dollars
($25.00) for each laborer, workman or mechanic employed for each calendar day or
portion thereof, if such laborer, workman or mechanic is paid less than the general
prevailing rate of wages hereinbefore stipulated for any work done under this
Agreement, by him or by any subcontractor under him.
The Consultant and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5, which
precludes the award of a contract for a public work on any public works project awarded
after April 1, 2015. This Agreement is subject to compliance monitoring and
enforcement by the Department of Industrial Relations.
18. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
8 Professional Services - Design
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
19. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work or as may otherwise be agreed to by and
between the Project Manager and the Consultant.
20. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
the length of the delay outside Consultant’s control. If Consultant believes that delays
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
9 Professional Services - Design
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
27. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
“CONSULTANT” “CITY”
28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will only
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
10 Professional Services - Design
IN WITNESS of this Agreement, the parties have executed this Agreement
as of the date first written above.
"Consultant" "City"
CITY OF DIAMOND BAR
By: By:
Printed Name: Mayor
Title:
By: ATTEST:
Printed Name:
Title:
City Clerk
Approved as to form:
By:____
City Attorney
11 Professional Services - Design
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant
Treasurer. If only one corporate officer exists or one corporate officer holds more than
one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
APPENDIX C
Diamond Bar General Plan Bicycle Network
Diamond Bar General Plan 2040 | CIRCULATION 4-23
!(T
Walnut
Pomona
Industry
LOS ANGELES
COUNTY
ORANGE COUNTY
SAN BERNARDINO
COUNTY
}}}60
}}}57
}}}60
}}}57BREACANYONRD GOLDENSPRINGSDRDIAMOND B A R B L V DSUNSETC R O S SING RD
S U NSET CROSSINGRD
PROSPECTORSRD
P A L O M IN O D R
CHINOHILLSPKWYA R M I T O S PLB
A
LLENA D R
GO L DRUSH DR
G O LD EN S P R IN GSDRGRANDAVE DIAMONDBARBLVDGRANDAVELEYLANDDRPANTER
A
DRLONGVIEW D R
SU MMITRIDGED R
DIAMONDBARBLVDR IDG E LIN E R DINDIANC R E E KR D DERRINGERLND I A M O N D B A RBLVDBREA
C
A
N
Y
O
N
CUTOFFR
D BREACANYONRDH A W KWOODRDSTEEPLECHASELNG O L D E N S P R I N G S D RBREA CANYONRD
LYCOMING ST
LEMONAVERIO
L
OBOS DRGOLDENPRADOSDR
FALCO NSVIEWDRA
L
A
M
O
HTSDR
WAGONTRA IN L N CLEARCREEKLNCASTLEROCKRDCANYON RI
D
GE
R
DPEACEFULHILLSR
D
EVERGREENSPRI
NGSRDPATHFINDERRD
CASTLEROCKRDA M B U S H E RSSTCOLDSPRIN GLNBELLA PINE DRMORNIN
GCANYONRDSANTA
Q
UIN DRKIO
W
A
C
R
E
S
TDRBIRDSE Y E D R
MOUNTAIN
L
AUREL
W
Y
M
APLE HILL
RDMONTEFINOAVE GREATBEN
D
DR SYLVAN G L ENR D
HIGHLA N D V L Y RD
DE LSOLLND E C O R A H R D
SEA
G
REEN
D
RCOPLEYDRBRIDGEGATEDRVALLEYVISTAD R ROCKRIVERRDExisitng Facilities
Class I: Multi-Use Path
Class II: Bicycle Lane
Proposed Facilities
Class I: Multi-Use Path
Class II: Bicycle Lane
Class III: Bicycle Route
Class IV: Protected Bike Lane
City of Diamond Bar
Sphere of Influence
County Boundary
0 0.75 1.50.375
MILES
Source: Fehr & Peers 2019;
City of Diamond Bar, 2019; Dyett & Bhatia, 2019
Figure 4-2: Proposed Bicycle Network City of Diamond Bar
GENERAL PLAN UPDATEFigure 4-2 Proposed Bicyle Network