CC SR 20220517 K - Building and Safety Services Transtech Engineers
CITY COUNCIL MEETING DATE: 05/17/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to enter into a professional services agreement with
Transtech Engineers, Inc. to provide building and safety consulting services.
RECOMMENDED COUNCIL ACTION:
(1) Approve a three-year professional services agreement with Transtech Engineers,
Inc. to provide on-call Building and Safety services until June 30, 2025, with an
option for the City Manager to approve an extension of the agreement for one
additional year; and,
(2) Authorize the Mayor to execute the contract services agreement with Transtech
Engineers, Inc., in a form acceptable to the City Attorney.
FISCAL IMPACT: Costs associated with Building and Safety services provided by
Transtech Engineers, Inc. will not be entirely borne by the City for all development projects
as some of these costs will be paid by project applicants in the form of fees. The total cost
for services is estimated to be $640,000 for four years ($160,000 per year including the
optional one-year extension). The amount is included in the FY 2022-23 preliminary
budget.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Deputy Director/Planning Manager
REVIEWED BY: Ken Rukavina, PE, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement with Transtech Engineers (page A-1)
B. Transtech Proposal for Building and Safety Consulting Services (page B-1)
C. Request for Proposals (RFP) for Building and Safety Consulting Services
(page C-1)
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BACKGROUND:
As a contract city, the Community Development Department does not have the capacity
in-house to provide all building and safety services and utilizes consultants to provide on-
call building and safety services, such as plan check reviews or site inspections for private
development projects and as-needed permit technician support. The current contract for
these services, provided by Interwest Consulting, expires at the end of June 2022.
The City Council is being asked to consider approving a new professional services
agreement for on-call building and safety services.
DISCUSSION:
It has been nearly five years since the City has solicited proposals and qualifications from
firms for building and safety consulting services and the City desires to obtain the best
combination of price, quality, and customer service, a request for proposals (RFP) was
released on March 28, 2022. The RFP was distributed to interested companies primarily
using PlanetBids and Integrated Marketing Systems (IMS), both public bid sites that are
heavily used by the industry. Additionally, the RFP was sent to companies that have
contacted the City directly. The scope of services is more thoroughly described in the
attached RFP (Attachment C).
In response to the RFP, the following 11 firms submitted proposals to the Community
Development Department.
• J. Lee Engineering, Inc.
• JAS Engineering
• Interwest Consulting Group
• Bureau Varitas
• TRB + Associates, Inc.
• HRGreen
• CSG Consultants, Inc.
• Transtech Engineers, Inc.
• Willdan Engineering
• VCA Code
• 4 LEAF, Inc.
A panel of City Staff from multiple divisions within the Community Development
Department evaluated the submissions. The firms were evaluated based on multiple
criteria, including, but not limited to, the experience of the firm and associated staff,
understanding of the scope of work, approach to providing plan check services, the depth
of resources to perform the work, familiarity with the City, customer service, and the
proposed cost. After the reviews were conducted, the evaluation panel scored the
proposals. Four firms — Interwest, JAS Engineering, Transtech Engineers, Inc., and
Willdan Engineering — were selected to participate in virtual interviews with the same
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panel on May 9, 2022. CSG Consultants and 4 LEAF were not rated as they did not
submit the required addenda acknowledgement form.
After considering all factors, Transtech Engineers, Inc. (Transtech) was unanimously
chosen to provide the City with building and safety services for the next three years. This
was based on its understanding of the scope of work and experience working with other
municipalities (i.e., the cities of Hermosa Beach, South Pasadena, Seal Beach and the
County of Los Angeles), the City’s customer service expectations as well as their
Community Benefit Enhancement Program (active community engagement) and service
approach and philosophy. Staff finds that Transtech is best qualified and cost competitive
to provide the City with building and safety services based on the City’s needs including,
but not limited, to conducting plan check services, reviewing plans electronically and
Transtech’s virtual plan checking interface, which allows for real-time review of plans,
plan check comments and correction sheets.
The building and safety services include, among other things, the peer review of building
and safety reports and plans submitted by applicants, for all proposed projects, and
perform special building and safety services or other work requested by City, including
providing services on an as-needed basis (Attachment B).
The City Attorney and Transtech have reviewed and approved the attached Agreement
(Attachment A).
CONCLUSION:
Staff recommends the City Council authorize the Mayor and City Clerk to enter into the
Professional Services Agreement with Transtech to provide building and safety services
through June 30, 2025, with the option to extend the agreement for an additional year to
June 30, 2026.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council’s consideration:
1. Do not award a professional services agreement to Transtech and direct Staff
to re-solicit the proposed services.
2. Take other action, as deemed appropriate.
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01203.0001/699503.1 EQG 1
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
TRANSTECH ENGINEERS, INC.
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
TRANSTECH ENGINEERS, INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and
entered into on May 17, 2022, by and between the CITY OF RANCHO PALOS VERDES, a
California municipal corporation (“City”) and Transtech Engineers, Inc., a California
Corporation (“Consultant”). City and Consultant may be referred to, individually or collectively,
as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the “Scope of Services”, as stated in the Proposal, attached
hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein
as the “services” or “work” hereunder. As a material inducement to the City entering into this
Agreement, Consultant represents that it has the qualifications, experience, and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be both of good quality as well as fit for the purpose
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intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean
those standards of practice recognized by similarly licensed firms performing similar work under
similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal which shall be incorporated
herein by this reference as though fully set forth herein. In the event of any inconsistency
between the terms of such Proposal and this Agreement, the terms of this Agreement shall
govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and
any Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those
terms are defined in California Labor Code section 1720 et seq. and California Code of
Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more,
Consultant shall pay prevailing wages for such work and comply with the requirements in
California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws,
including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be
performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Consultant
acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem
wages, and Consultant shall post a copy of the same at each job site where work is performed
under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
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Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of
its subconsultants shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each
worker employed in the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8
(eight) hours per day, and 40 (forty) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less than one
and 1½ (one and one half) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code
Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
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Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Consultant shall be required to take all
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the Contract Officer in the form of a Change Order.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City’s own negligence.
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1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written Change Order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to 15% (fifteen percent)
of the Contract Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the
Contract Officer through a written Change Order. Any greater increases, taken either separately
or cumulatively, must be approved by the City Council. It is expressly understood by Consultant
that the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant
anticipates and that Consultant shall not be entitled to additional compensation therefor. City
may in its sole and absolute discretion have similar work done by other Consultants. No claims
for an increase in the Contract Sum or time for performance shall be valid unless the procedures
established in this Section are followed.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed $640,000 (Six Hundred Forty Thousand Dollars) (the “Contract
Sum”), unless additional compensation is approved pursuant to Section 1.9. Annual
compensation shall not exceed $160,000 (One Hundred Sixty Thousand Dollars).
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services; (iii)
payment for time and materials based upon the Consultant’s rates as specified in the Schedule of
Compensation, provided that (a) time estimates are provided for the performance of sub tasks,
and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the
Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice, using the City template,
or in a format acceptable to the City, for all work performed and expenses incurred during the
preceding month in a form approved by City’s Director of Finance. By submitting an invoice for
payment under this Agreement, Consultant is certifying compliance with all provisions of the
Agreement. The invoice shall detail charges for all necessary and actual expenses by the
following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-
contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant
shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within 45 (forty-five) days of receipt of Consultant’s correct and
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undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer through a Change
Order, but not exceeding 90 (ninety) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within 10 (ten) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement
pursuant to this Section.
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3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding three
years from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit “D”). The City may, in its discretion, extend the Term by one additional one-year terms.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only the personnel included in the Proposal to perform services pursuant to this Agreement.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
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agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Director of Community Development or such person as
may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that
the Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. In addition, neither this Agreement nor any interest herein
may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation
of law, whether for the benefit of creditors or otherwise, without the prior written approval of
City. Transfers restricted hereunder shall include the transfer to any person or group of persons
acting in concert of more 25% (twenty five percent) of the present ownership and/or control of
Consultant, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Consultant or any surety of Consultant of any liability
hereunder without the express consent of City.
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ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of
any services under this Agreement, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) 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.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
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approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or
be endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain and continuously maintain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
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requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. 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.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
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 and endorsements
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 consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. 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 90 (ninety) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
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(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or
indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
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services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant’s business,
custody of the books and records may be given to City, and access shall be provided by
Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Consultant, its employees, subcontractors and agents in the performance of this
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Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered “voluntary”
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is 15 (fifteen) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding
invoices during the period of default. If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under this Article. Any failure on the part of the City
to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s
legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
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provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of
termination, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation
or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the
event of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
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compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
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8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees,
incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in
the case of the Consultant, to the person(s) at the address designated on the execution page of
this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
72 (seventy two) hours from the time of mailing if mailed as provided in this section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
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9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
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9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
A-24
01203.0001/699503.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
A-25
01203.0001/699503.1 EQG A-1
EXHIBIT “A”
SCOPE OF SERVICES
A-26
b. Approach to Scope of Services b.1
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
b.1. Scope of Services
As requested, we are re-stating the Scope of Services with any additions, expansions, clarifications, or
modifications that the firm proposes to provide the services and produce the deliverables contained in the
RFP. The following section b.2. Service Approach, describes how completing the Scope of Services will be
approached and any cost-saving or value-adding strategies or innovations our firm will bring to the project.
The following Scope of Services represents the services and responsibilities the successful proposer
will be expected to provide and perform.
A. Plan Check: Review building and development plans for conformance with the California Building,
Electrical, Plumbing and Mechanical Codes (the “Codes”), the California Energy Standards, City
ordinances and other requirements as set by City Departments, as well as arranging for reviews by other
responsible agencies, as appropriate. Type of proposed plan check work may include new construction
(residential and commercial), remodel, additions, green building, ADA, Leadership in Energy and
Environmental Design (“LEED”), onsite wastewater treatment systems (“OWTS”) and public nuisance
abatement.
Consultant must be able to perform electronic plan review.
Unless there are exceptional circumstances, Consultant will be asked to complete first plan check of
residential construction within ten (10) calendar days of receipt of the submittal and subsequent plan
checks within five (5) calendar days of receipt of the re-submittal. Consultant shall provide all plan check
comments in typed format for all initial and subsequent plan reviews. Plan review letter comments
shall be specific, detailed, complete, and reference plan sheet numbers and code sections where
applicable.
B. Inspection: The City has three full-time building inspectors: thus, this service shall only be provided on an
as-needed basis when staffing and/or workload constraints exist. Upon request, provide field inspections
during the course of construction, pursuant to applicable Codes. Standard City operating
procedures is that inspections are made by the next working day following a request made by 4:00
PM on the preceding day. City permit technicians will provide appointments for field inspections within
a specified time frame on the day of the inspection.
C. Code Enforcement: The City employs two full-time code enforcement officers: thus, this service shall
only be provided on an as-needed basis when staffing and/or workload constraints exist. Upon request,
inspect and enforce all violations of the Codes and Standards, including substandard conditions.
Attend office conferences and appeals to the Board of Appeals or the City Council, pursuant to requests
for attendance from the Director of Community Development or his or her designee. Report to the
appropriate City Departments all suspected violations of other City ordinances and requirements.
D. As-Needed Support: Provide as-needed staffing support, when requested. As- needed staff support
may include building official, permit technician, and supplemental inspection services as
required to appropriately respond to emergencies or natural disasters.
E. Coordination: Coordinate staffing and workload with the Building Official and/or the Director of
Community Development or his or her designee, and provide appropriate information to the
public.
F. Meetings: Attend meetings with City staff, City officials, developers, contractors, and the general public,
as necessary for the execution of plan check services or as required by the Building Official and/or the
Director of Community Development or his or her designee.
A-27
b. Approach to Scope of Services b.2
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
G. Records: Maintain all original Building and Safety records and files at City Hall.
H. Training & Certification: Provide periodic technical training to keep Consultant’s staff up to date on
the latest codes and building techniques. Provide to, and receive from, the Community Development
Department’s staff appropriate training to coordinate the functions of the Department and the Consultant.
Plan review and inspection staff shall have obtained and must maintain current ICC certifications.
Consultant shall also employ sufficient number of certified CASP disabled access specialist pursuant to
the requirements of S.B.1608.
I. Availability to the Public: The Consultant understands that building and safety personnel must be
available to provide information about the status of active plan check applications and/or permits and
to answer general questions from the public at the counter or over the telephone during City Hall
business hours when requested to do so by City staff. Such public availability will be provided by either
the City or Consultant’s personnel using schedules established by the City’s Building Official that
optimize service to the public.
J. Vehicles and equipment: Provide all vehicles and equipment necessary to properly perform the services
and duties required.
K. Certified Personnel: Consultant’s employees who perform services for the City pursuant to this
Agreement must be ICC certified and state licensed P.E. plan check engineer(s) and ICC certified
building inspector(s) including having the availability of CASP certified access specialists on an as
needed basis.
b.2. Service Approach
Transtech’s unique “Customer Care” approach in delivering Building and Safety Services in an efficient, cost -
effective, and timely manner:
✓ Transtech is well known in providing Cost Effective Services on time with a customer friendly and
responsive approach.
✓ Our services are founded on the principles of Total Quality Management for Total Customer Care.
✓ We have a structured approach to execute projects in an efficient manner that makes Transtech capable
of providing the City with the highest quality product. Transtech has establi shed guidelines and policies,
including written manuals on quality control, project management, and design procedures for its staff
and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments
undertaken by our organization in compliance with City’s specific procedures, standards, and
requirements.
✓ We start by working with the applicant early on and during plan review to help them prepare a set of
plans which have all of the required information clearly and logically presented.
✓ Additionally, we never hesitate to make suggestions which help eliminate complicated de tails, reduce
construction costs, and/or provide details which are easy to verify in the field . Experience has taught us
well that inspection time and applicant frustration can both be substantially reduced, while increasing
overall compliance, by producing a better set of plans during the plan review process. And in the case
of homeowners, this policy often demonstrates early on that the City really i s truly a partner in a process
that can often be a source of stress and tension for many applicants, and we fully understand that.
✓ This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit
much sooner, and reduces the overall time our staff is required to spend on that particular plan.
✓ Transtech provides all plan check comments on electronic files. All plan check comments are provided
A-28
b. Approach to Scope of Services b.3
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are
fully detailed to explain the Code deficiency.
✓ To help the applicant better understand the problem, Transtech provides as much information during
plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or
she can take the necessary steps to correct the condition. This policy reduces the number of plan review
rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time
our staff is required to spend on that particular plan. Unclear and/or cryptic corrections are neve r written,
and all correction lists, except those written over the counter, are typed and printed on a laser printer.
✓ Our plan checkers confer early on and respond to questions from the architect, engineer, designer,
applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer,
applicant, etc. at our offices to answer questions or for rechecks where the plan corrections.
✓ Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, whi ch helps
eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify
in the field.
✓ All telephone calls or e-mails received are returned within the same working day, or the following day.
We take pride in our “Same Day Response” motto.
✓ Responsiveness is an integral part of Transtech’s “customer friendly” service approach.
✓ We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest
and conduct business.
✓ Customer Care means highest quality customer service. Transtech is committed to providing “Customer
Care” to the City, City's patrons, responding quickly and effectively to the walk -in, telephone, and
electronic inquiries of the public related to our services.
Plan Check Processing:
When a plan check order is received, it is logged and reviewed by Building Staff and then assigned to
applicable plan checkers. The plan check duration is monitored thru the plan check log data base, which
generates messages at identified intervals to inform plan checker and supervising Sr. Staff so that they are
aware of how the progress and status continuously. If any potential delay is monitored, nec essary steps are
taken, such as meeting with plan checker to review the schedule , workload, performance, and identify
actions, including assigning additional staff, if necessary, to ensure timely completion of assignment.
Plan Check Coordination:
• Our plan checkers respond to questions from the architect, engineer, designer, applicant, etc. When
requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our
offices to answer questions or for rechecks.
• Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps
eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify
in the field. This pro-active approach reduces inspection time and questions, and applicant frustration,
while increasing overall compliance, by producing a better set of plans during plan review process.
Especially, when the applicant is a homeowner trying to improve his/her property, this policy often
demonstrates early on that the City really is here to help.
Approach to Meeting with Applicants:
Our staff is available to applicants by phone and through email or through virtual meeting for questions or
available to meet for rechecks if necessary. Our policy is to meet with applicants virtually via TEAMS or ZOOM
or when necessary, at City Hall, but we also have an available facility at our office meetings with applicants.
Expedited/Off-Business Hours/Weekend Services:
If the City receives a request from applicants for expedited plan check services, Transtech staff is able to
provide additional resources to accommodate such a request. If the City requests inspection services,
A-29
b. Approach to Scope of Services b.4
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
Transtech staff will provide additional resources to accommodate inspection requests during off business
hours and weekends.
Quick Turn Around and Expedited Service:
Transtech will provide plan checks on a quick turn-around schedule. Transtech also provides expedited
service when requested. Applicant will be able to see online on real time the progress of plan check
submittals.
Electronic Plan Check:
• Transtech provides Electronic Plan Check. Please click here for a sample of our electronic plan check
portal at one of our contract Cities.
• We offer electronic plan check submittal portal to our client cities at no cost.
Virtual Counter:
We offer virtual meetings with plan checkers. Please click here to explore the virtual plan check counter
appointment calendar for one of the Cities,
Electronic Plan Check and Virtual Meeting Calendar set-up:
Transtech has integrated many technological assets i nto its services to provide most efficient and cost-
effective service. We provide fully automated electronic plan submittal, checking and tracking. We provide
this on our company portal, as well as offer same portal to our client cities on their web sites.
Weekend, Holiday & Atter Work Inspection:
Transtech is readily available and has the resources to provide weekend, holiday, and after -work hour
inspections as requested by the City Manager or designee.
Emergency Response:
In the event of a local or regional emergency or disaster, our staff will be accessible to provide Building and
Safety services as directed by the City. All of our building officials and inspectors have gone through extensive
training to be SAP Evaluator and registered with the State of California Safety Assessment Program.
Readily Available Staff:
Transtech has a large pool of well experienced in-house staff readily available to provide requested
services, and respond to requests in a timely, efficient, and cost-effective manner.
Other Services:
Transtech is a full-service municipal consulting firm that currently provides a variety of different city services
for public agencies. We understand that Transtech would be responsible for all correspondence related to
activities of the Building and Safety Division. In addition, Transtech would respond to any complaints, perform
investigations, provide problem-solving methods for unique or challenging plan check or code interpretation
issues, provide report writing and policy & procedure recommendations, and attend City Council and
Commission meetings as requested by the City Manager or designee.
Sample Electronic Plan Checks:
✓ Following pages include sample snap shots of various types of electronic plan checks.
✓ Also, links for each plan check is provided to review full plan check documents.
A-30
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
f. Quality Control Plan (Per RFP limited to 1 page) f.1
Transtech’s unique “Customer Care” approach in delivering High Quality Building and Safety Services in an
efficient, cost-effective, and timely manner:
✓ Transtech is well known in providing Cost Effective Services on time with a customer friendly and
responsive approach.
✓ Our services are founded on the principles of Total Quality Management for Total Customer Care.
✓ We have a structured approach to execute projects in an efficient manner that makes Transtech capable
of providing the City with the highest quality product. Transtech has established guidelines and policies,
including written manuals on quality control, project management, and desig n procedures for its staff
and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments
undertaken by our organization in compliance with City’s specific procedures, standards, and
requirements.
✓ We start by working with the applicant early on and during plan review to help them prepare a set of
plans which have all of the required information clearly and logically presented.
✓ Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce
construction costs, and/or provide details which are easy to verify in the field . Experience has taught us
well that inspection time and applicant frustration can both be substantially reduced, while increasing
overall compliance, by producing a better set of plans during the plan review process. And in the case
of homeowners, this policy often demonstrates early on that the City really is truly a partner in a process
that can often be a source of stress and tension for many applicants, and we fully understand that.
✓ This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit
much sooner, and reduces the overall time our staff is required to spend on that particular plan.
✓ Transtech provides all plan check comments on electronic files. All plan check comments are provided
on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are
fully detailed to explain the Code deficiency.
✓ To help the applicant better understand the problem, Transtech provides as much information during
plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or
she can take the necessary steps to correct the condition. This policy reduces the number of plan review
rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time
our staff is required to spend on that particular plan. Unclear and/or cryptic corrections are never written,
and all correction lists, except those written over the counter, are typed and printed on a laser printer.
✓ Our plan checkers confer early on and respond to questions from the architect, engineer, designer,
applicant, etc. When requested, our plan checkers also meet wit h the architect, engineer, designer,
applicant, etc. at our offices to answer questions or for rechecks where the plan corrections.
✓ Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps
eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify
in the field.
✓ All telephone calls or e-mails received are returned within the same working day, or the following day.
We take pride in our “Same Day Response” motto.
✓ Responsiveness is an integral part of Transtech’s “customer friendly” service approach.
✓ We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest
and conduct business.
✓ Customer Care means highest quality customer service. Transtech is committed to providing “Customer
Care” to the City, City's patrons, responding quickly and effectively to the walk -in, telephone, and
electronic inquiries of the public related to our services.
A-31
01203.0001/699503.1 EQG B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
[INTENTIONALLY LEFT BLANK]
A-32
01203.0001/699503.1 EQG C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
]
A-33
e. Project Cost e.1
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
Fee Schedule:
Description Fee per Hr.
Plan Review $135.00
Permit Technician $86.00
Inspector $118.00
Senior Inspector $134.00
Code Enforcement $118.00
Deputy Building Official/Plan Check Engineer $161.00
Building Official $172.00
Any other services requested by the City shall be per Transtech Schedule of Hourly Rates
The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim
California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February
by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.
TRANSTECH ENGINEERS, INC.
S C H E D U L E O F H O U R L Y R A T E S
E f f e c t i v e t h r o u g h J u n e 3 0 , 2 0 2 3
ENGINEERING CONSTRUCTION MANAGEMENT BUILDING & SAFETY
Field Technician $86 Labor Compliance Analyst $145 Permit Technician $86
Engineering Technician $102 Funds Coordinator $150 Plan Check Technician/Analyst $118
Assistant CAD Drafter $124 Utility Coordinator $161 Building Inspector $118
Senior CAD Drafter $145 Office Engineer $145 Senior Inspector $134
Associate Designer $150 Construction Inspector $145 Plans Examiner/Checker $145
Senior Designer $161 Senior Construction Inspector $156 Plan Check Engineer $161
Design Project Manager $199 Construction Manager $199 Deputy Building Official $161
Assistant Engineer $129 Resident Engineer $199 Building Official $172
Staff/Associate Civil Engineer $156 PUBLIC WORKS INSPECTION PLANNING
Senior Civil Engineer $209 Public Works Inspector $145 Community Development Technician $86
Traffic Analyst Technician $118 Senior Public Works Inspector $156 Planning Technician $91
Associate Traffic Analyst $140 Supervising PW Inspector $161 Assistant Planner $129
Senior Traffic Analyst $161 SURVEY AND MAPPING Associate Planner $135
Professional Transportation Planner $177 Survey Analyst $145 Senior Planner $166
Traffic Engineer Technician $102 Senior Survey Analyst $156 Planning Manager $177
Associate Traffic Engineer $156 2-Man Survey Crew $333 ADMINISTRATIVE STAFF
Traffic Engineer $177 Survey & Mapping Specialist $188 Administrative/Clerical $70
Senior Traffic Engineer $199 Licensed Land Surveyor $204 Project Accountant $86
Project Manager $183 FUNDING & GRANT WRITING
Senior Project Manager $199 Funds Analyst $140
Deputy City Engineer $172 Senior Funds Analyst $150
City Engineer $188 Graphic & Rendering Designer $134
Principal Engineer $209 Grant Writer $166
Funds & Grant Project Manager $188
The above fees will be increased each year July 1
The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers
(“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of
Labor Statistic.
As requested in the RFP, following is cost estimate associated with a typical residential plan check:
Typical residential plan review, depending on the size, complexity of the design and quality of the plan
preparation may cost between $1,100 to $3,500 plan review fees.
A-34
01203.0001/699503.1 EQG D-1
EXHIBIT “D
Schedule of Performance
Unless there are exceptional circumstances, Consultant shall complete first plan check of residential construction within ten (10) calendar days of receipt of the submittal and subsequent plan checks within five (5) calendar days of receipt of the re-submittal.
A-35
Proposal
BUILDING AND SAFETY
PLAN CHECK SERVICES
Sub m i t t e d T o
City of RANCHO PALOS VERDES
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Community Development Department
Attn: Ken Rukavina, PE, Director
Due Date: 4-21-2022, 5 pm
Submittal Requirement: by email to krukavina@rpvca.gov
Submitted By
TRANSTECH Engineers, Inc.
Contact Person for this Proposal:
Dennis Tarango, CBO
Principal Building Official
E: dennis.tarango@transtech.org
C: 909-821-7117
O: 909-595-8599
www.transtech.org
855.595.2495 (toll-free)
B-1
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
Table of Contents
Section Page
a. Cover Letter (Per RFP limited to 2 pages) a.1 – a.2
b. Approach to Scope of Services b.1 – b.8
b.1. Scope of Services b.1
b.2. Service Approach b.2
c. Organization and Staffing (Per RFP limited to 2 pages) c.1 – c.2
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.1 – d.22
d.1. Prior Experience (Per RFP limited to 2 pages) d.1-d.2
d.2. Staff Qualifications (Per RFP limited to 10 pages) d.3-d.12
d.3. Reference Projects (Per RFP limited to 10 pages) d.13-d.22
e. Project Cost e.1 – e.1
f. Quality Control Plan (Per RFP limited to 1 page) f.1 – f.1
g. Acceptance of Conditions (Per RFP limited to 1 page) g.1 – g.1
Appendix – Addendum 1 Acknowledgement App.1 – App.1
B-2
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
a. Cover Letter (Per RFP limited to 2 pages) a.1
April 21, 2022
City of RANCHO PALOS VERDES
Community Development Department
Attn: Ken Rukavina, PE, Director
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
Transtech is pleased to submit this Proposal for the subject services. This Cover Letter provides an executive
summary of our proposal and qualifications.
Company Profile: Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering
consulting firm. Transtech has been in business for over 32 years and provides municipal services to over 65
public agencies, including Building and Safety Services. Our staff and resources include approximately 150
staff, including building official, plan checkers, inspectors, engineers, project managers, designers, plan
checkers, inspectors, construction managers, traffic and transportation a nalysts, technicians, admin support
personnel.
Unique Qualifications: One of the unique qualifications of Transtech is that we serve public agencies as
municipal contract service providers. We serve as Building Official, Building Plans Examiner, Building Inspector,
Permit Technician, City Engineer, City Traffic Engineer, Map/Plan Checker, Public Works/Permit Inspector, CIP
Manager, Construction Manager, Construction Inspector, Designer, Federally Funded Project Manager and
in other capacities for a number of public agencies. We also provide Fire Plan Check and Planning Supp ort.
Transtech’s unique “Customer Care” approach in delivering Building and Safety Services in an efficient, cost-
effective, and timely manner:
• Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive
approach. Our services are founded on the principles of Total Quality Management for Total Customer Care.
• We start by working with the applicant early on and during plan review to help them prepare a set of plans which
have all of the required information clearly and logically presented.
• Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce construction
costs, and/or provide details which are easy to verify in the field. Experience has taught us well that inspection time
and applicant frustration can both be substantially reduced, while increasing overall compliance, by producing a
better set of plans during the plan review process. And in th e case of homeowners, this policy often demonstrates
early on that the City really is truly a partner in a process that can often be a source of stress and tension for many
applicants, and we fully understand that.
• This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much
sooner, and reduces the overall time our staff is required to spend on that particular plan.
• Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possib le, which helps eliminate
complicated details, reduce construction costs, and/or provide details which are easy to verify in the field.
• All telephone calls or e-mails received are returned within the same working day, or the following day. We take
pride in our “Same Day Response” motto.
• Responsiveness is an integral part of Transtech’s “customer friendly” service approach.
• We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and
conduct business.
Quick Turn Around Time and Expedited Services / Expedited/Off-Business Hours / Weekend Services:
Transtech will provide plan checks on a quick turn-around schedule. Transtech also provides expedited
service when requested. If the City receives a request from applicants for expedited plan check services,
Transtech staff will provide additional resources to accommodate such a request. If the City requests
inspection services, Transtech staff will provide additional resources to accommodate inspection requ ests
during off business hours and weekends.
Our staff members are involved in many local and national International Code Council (ICC) and California
B-3
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
a. Cover Letter (Per RFP limited to 2 pages) a.2
Required CONFLICT OF INTEREST STATEMENT: Transtech is unaware of any conflict of interest in
performing the proposed work.
Required PROOF OF GOOD STANDING DOCUMENT: Please see attached document “as PROOF
OF GOOD STANDING” issued by the State of California, Secretary of State.
Sincerely,
Dennis Tarango, CBO, CSP, Principal Building Official Ayla Jefferson, CBO, CSP, Principal Building Official
E: dennis.tarango@transtech.org E: ayla.jefferson@transtech.org
C: 909-821-7117, O: 909-595-8599, ext.127 C: 909-851-5765, O: 909-595-8599, ext.123
Required 90-day Statement: The proposal shall remain valid for a period of not less than
ninety (90) days from the date of submittal.
Building Officials (CALBO) committees, and are involved in the development of local and national guidelines
and codes for Building and Safety:
• Chair; ICC Sustainability Membership Council
• Chair; ICC LA Basin Chapter Inspection Committee
• Commissioner; ICC Codes & Standards Council
• Commissioner; CALBO Green Committee
• Commissioner; ICC/CALBO CA Exam Committee
• Commissioner; CALBO Outreach/Communications
Committee
• ICC Los Angeles Basin Chapter Board of Directors
• ICC Building Officials Membership Governing Council
• ICC Code Development Committee Vice Chair
• ICC Technology/Web Advisory Group
• IAS Accreditation Committee
• ICC LA Chapter Accessibility Committee
• Commissioner; CALBO State Licensing Boards Committee
Innovative and Advanced Technology: Transtech has integrated many technological assets into its services
to provide the most efficient and cost-effective service possible. We provide fully automated electronic plan
submittal, plan checking, and tracking. We provide this on our company portal , as well as offer same portal
access to our client cities on their web sites. As a result of impacts of the Covid-19 pandemic, we have also
implemented issuance of permits for certain types of projects through complete on-line submittal and review,
and without direct face-to-face interaction with applicants. We have provided toll-free numbers, video
conference call with applicants to discuss any questions and review plans on common screens as necessary
and issued permits on-line.
Electronic Plan Check: Transtech provides Electronic Plan Check. Please click here for a sample of our
electronic plan check portal at one of our contract Cities. We offer electronic plan check submittal portal
to our client cities at no additional cost.
Virtual Counter: We offer virtual meetings with plan checkers. Please click here to explore the virtual plan
check counter appointment calendar for one of the Cities,
Readily Available Staff: Transtech has a large pool of well experienced in-house staff readily available to
provide requested services, and respond to requests in a timely, efficient, and cost-effective manner.
We believe our team is well qualified to perform the services requested: We have extensive experience
working with Public Agencies in similar assignments. We are accustomed to working with governmental
agencies, and have a good understanding of public agency issues, procedures, and policies.
✓ Successfully providing similar services to many agencies for over 32 years.
✓ Proven track record in on time and within budget project delivery.
✓ Multi-disciplinary engineering consulting service capabilities to provide an array of municipal services.
✓ Ability to work collaboratively with agencies, project applicants, and other stake holders, and
communicate effectively with diverse audiences and stakeholders at public forums.
✓ Committed to producing a high-quality work product and deliver a high level of customer care.
✓ Commitment of principal level management and involvement throughout the contract duration.
✓ Well experienced in-house staff readily available to commence with the services upon City’s
authorization.
Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional
information, please contact us.
B-4
ATTACHMENT: Proof of Good Standing
B-5
b. Approach to Scope of Services b.1
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
b.1. Scope of Services
As requested, we are re-stating the Scope of Services with any additions, expansions, clarifications, or
modifications that the firm proposes to provide the services and produce the deliverables contained in the
RFP. The following section b.2. Service Approach, describes how completing the Scope of Services will be
approached and any cost-saving or value-adding strategies or innovations our firm will bring to the project.
The following Scope of Services represents the services and responsibilities the successful proposer
will be expected to provide and perform.
A. Plan Check: Review building and development plans for conformance with the California Building,
Electrical, Plumbing and Mechanical Codes (the “Codes”), the California Energy Standards, City
ordinances and other requirements as set by City Departments, as well as arranging for reviews by other
responsible agencies, as appropriate. Type of proposed plan check work may include new construction
(residential and commercial), remodel, additions, green building, ADA, Leadership in Energy and
Environmental Design (“LEED”), onsite wastewater treatment systems (“OWTS”) and public nuisance
abatement.
Consultant must be able to perform electronic plan review.
Unless there are exceptional circumstances, Consultant will be asked to complete first plan check of
residential construction within ten (10) calendar days of receipt of the submittal and subsequent plan
checks within five (5) calendar days of receipt of the re-submittal. Consultant shall provide all plan check
comments in typed format for all initial and subsequent plan reviews. Plan review letter comments
shall be specific, detailed, complete, and reference plan sheet numbers and code sections where
applicable.
B. Inspection: The City has three full-time building inspectors: thus, this service shall only be provided on an
as-needed basis when staffing and/or workload constraints exist. Upon request, provide field inspections
during the course of construction, pursuant to applicable Codes. Standard City operating
procedures is that inspections are made by the next working day following a request made by 4:00
PM on the preceding day. City permit technicians will provide appointments for field inspections within
a specified time frame on the day of the inspection.
C. Code Enforcement: The City employs two full-time code enforcement officers: thus, this service shall
only be provided on an as-needed basis when staffing and/or workload constraints exist. Upon request,
inspect and enforce all violations of the Codes and Standards, including substandard conditions.
Attend office conferences and appeals to the Board of Appeals or the City Council, pursuant to requests
for attendance from the Director of Community Development or his or her designee. Report to the
appropriate City Departments all suspected violations of other City ordinances and requirements.
D. As-Needed Support: Provide as-needed staffing support, when requested. As- needed staff support
may include building official, permit technician, and supplemental inspection services as
required to appropriately respond to emergencies or natural disasters.
E. Coordination: Coordinate staffing and workload with the Building Official and/or the Director of
Community Development or his or her designee, and provide appropriate information to the
public.
F. Meetings: Attend meetings with City staff, City officials, developers, contractors, and the general public,
as necessary for the execution of plan check services or as required by the Building Official and/or the
Director of Community Development or his or her designee.
B-6
b. Approach to Scope of Services b.2
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
G. Records: Maintain all original Building and Safety records and files at City Hall.
H. Training & Certification: Provide periodic technical training to keep Consultant’s staff up to date on
the latest codes and building techniques. Provide to, and receive from, the Community Development
Department’s staff appropriate training to coordinate the functions of the Department and the Consultant.
Plan review and inspection staff shall have obtained and must maintain current ICC certifications.
Consultant shall also employ sufficient number of certified CASP disabled access specialist pursuant to
the requirements of S.B.1608.
I. Availability to the Public: The Consultant understands that building and safety personnel must be
available to provide information about the status of active plan check applications and/or permits and
to answer general questions from the public at the counter or over the telephone during City Hall
business hours when requested to do so by City staff. Such public availability will be provided by either
the City or Consultant’s personnel using schedules established by the City’s Building Official that
optimize service to the public.
J. Vehicles and equipment: Provide all vehicles and equipment necessary to properly perform the services
and duties required.
K. Certified Personnel: Consultant’s employees who perform services for the City pursuant to this
Agreement must be ICC certified and state licensed P.E. plan check engineer(s) and ICC certified
building inspector(s) including having the availability of CASP certified access specialists on an as
needed basis.
b.2. Service Approach
Transtech’s unique “Customer Care” approach in delivering Building and Safety Services in an efficient, cost -
effective, and timely manner:
✓ Transtech is well known in providing Cost Effective Services on time with a customer friendly and
responsive approach.
✓ Our services are founded on the principles of Total Quality Management for Total Customer Care.
✓ We have a structured approach to execute projects in an efficient manner that makes Transtech capable
of providing the City with the highest quality product. Transtech has establi shed guidelines and policies,
including written manuals on quality control, project management, and design procedures for its staff
and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments
undertaken by our organization in compliance with City’s specific procedures, standards, and
requirements.
✓ We start by working with the applicant early on and during plan review to help them prepare a set of
plans which have all of the required information clearly and logically presented.
✓ Additionally, we never hesitate to make suggestions which help eliminate complicated de tails, reduce
construction costs, and/or provide details which are easy to verify in the field . Experience has taught us
well that inspection time and applicant frustration can both be substantially reduced, while increasing
overall compliance, by producing a better set of plans during the plan review process. And in the case
of homeowners, this policy often demonstrates early on that the City really i s truly a partner in a process
that can often be a source of stress and tension for many applicants, and we fully understand that.
✓ This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit
much sooner, and reduces the overall time our staff is required to spend on that particular plan.
✓ Transtech provides all plan check comments on electronic files. All plan check comments are provided
B-7
b. Approach to Scope of Services b.3
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are
fully detailed to explain the Code deficiency.
✓ To help the applicant better understand the problem, Transtech provides as much information during
plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or
she can take the necessary steps to correct the condition. This policy reduces the number of plan review
rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time
our staff is required to spend on that particular plan. Unclear and/or cryptic corrections are neve r written,
and all correction lists, except those written over the counter, are typed and printed on a laser printer.
✓ Our plan checkers confer early on and respond to questions from the architect, engineer, designer,
applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer,
applicant, etc. at our offices to answer questions or for rechecks where the plan corrections.
✓ Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, whi ch helps
eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify
in the field.
✓ All telephone calls or e-mails received are returned within the same working day, or the following day.
We take pride in our “Same Day Response” motto.
✓ Responsiveness is an integral part of Transtech’s “customer friendly” service approach.
✓ We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest
and conduct business.
✓ Customer Care means highest quality customer service. Transtech is committed to providing “Customer
Care” to the City, City's patrons, responding quickly and effectively to the walk -in, telephone, and
electronic inquiries of the public related to our services.
Plan Check Processing:
When a plan check order is received, it is logged and reviewed by Building Staff and then assigned to
applicable plan checkers. The plan check duration is monitored thru the plan check log data base, which
generates messages at identified intervals to inform plan checker and supervising Sr. Staff so that they are
aware of how the progress and status continuously. If any potential delay is monitored, nec essary steps are
taken, such as meeting with plan checker to review the schedule , workload, performance, and identify
actions, including assigning additional staff, if necessary, to ensure timely completion of assignment.
Plan Check Coordination:
• Our plan checkers respond to questions from the architect, engineer, designer, applicant, etc. When
requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our
offices to answer questions or for rechecks.
• Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps
eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify
in the field. This pro-active approach reduces inspection time and questions, and applicant frustration,
while increasing overall compliance, by producing a better set of plans during plan review process.
Especially, when the applicant is a homeowner trying to improve his/her property, this policy often
demonstrates early on that the City really is here to help.
Approach to Meeting with Applicants:
Our staff is available to applicants by phone and through email or through virtual meeting for questions or
available to meet for rechecks if necessary. Our policy is to meet with applicants virtually via TEAMS or ZOOM
or when necessary, at City Hall, but we also have an available facility at our office meetings with applicants.
Expedited/Off-Business Hours/Weekend Services:
If the City receives a request from applicants for expedited plan check services, Transtech staff is able to
provide additional resources to accommodate such a request. If the City requests inspection services,
B-8
b. Approach to Scope of Services b.4
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
Transtech staff will provide additional resources to accommodate inspection requests during off business
hours and weekends.
Quick Turn Around and Expedited Service:
Transtech will provide plan checks on a quick turn-around schedule. Transtech also provides expedited
service when requested. Applicant will be able to see online on real time the progress of plan check
submittals.
Electronic Plan Check:
• Transtech provides Electronic Plan Check. Please click here for a sample of our electronic plan check
portal at one of our contract Cities.
• We offer electronic plan check submittal portal to our client cities at no cost.
Virtual Counter:
We offer virtual meetings with plan checkers. Please click here to explore the virtual plan check counter
appointment calendar for one of the Cities,
Electronic Plan Check and Virtual Meeting Calendar set-up:
Transtech has integrated many technological assets i nto its services to provide most efficient and cost-
effective service. We provide fully automated electronic plan submittal, checking and tracking. We provide
this on our company portal, as well as offer same portal to our client cities on their web sites.
Weekend, Holiday & Atter Work Inspection:
Transtech is readily available and has the resources to provide weekend, holiday, and after -work hour
inspections as requested by the City Manager or designee.
Emergency Response:
In the event of a local or regional emergency or disaster, our staff will be accessible to provide Building and
Safety services as directed by the City. All of our building officials and inspectors have gone through extensive
training to be SAP Evaluator and registered with the State of California Safety Assessment Program.
Readily Available Staff:
Transtech has a large pool of well experienced in-house staff readily available to provide requested
services, and respond to requests in a timely, efficient, and cost-effective manner.
Other Services:
Transtech is a full-service municipal consulting firm that currently provides a variety of different city services
for public agencies. We understand that Transtech would be responsible for all correspondence related to
activities of the Building and Safety Division. In addition, Transtech would respond to any complaints, perform
investigations, provide problem-solving methods for unique or challenging plan check or code interpretation
issues, provide report writing and policy & procedure recommendations, and attend City Council and
Commission meetings as requested by the City Manager or designee.
Sample Electronic Plan Checks:
✓ Following pages include sample snap shots of various types of electronic plan checks.
✓ Also, links for each plan check is provided to review full plan check documents.
B-9
b. Approach to Scope of Services b.5
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
SAMPLE BUILDING ELECTRONIC PLAN CHECK
Sample of an electronic plan check of a building plan by Transtech (City of Alhambra)
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer
For complete plans checked electronically, please click on the following link:
https://www.dropbox.com/sh/pxxbvcnm9xqz40b/AABeFLjNSSNiLHcqd-gNt0hna?dl=0
B-10
b. Approach to Scope of Services b.6
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
SAMPLE MAP ELECTRONIC PLAN CHECK
Sample of an electronic plan check of a parcel map by Transtech (City of Temple City)
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer
For complete plans checked electronically, please click on the following link:
https://www.dropbox.com/sh/cedfr61mvinwng1/AADZ0hxFmSS73EYyitHiaLpLa?dl=0
B-11
b. Approach to Scope of Services b.7
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
SAMPLE STREET IMPROVEMENT ELECTRONIC PLAN CHECK
Sample of an electronic plan check of a street improvement plan by Transtech (City of Commerce)
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer
For complete plans checked electronically, please click on the following link:
https://www.dropbox.com/sh/3i5tqii0q7qhdxh/AADi-PTcNS59ITFaCUOC640Fa?dl=0
B-12
b. Approach to Scope of Services b.8
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
Virtual Counter:
We offer virtual meetings with plan checkers. To explore the virtual plan, check counter appointment
calendar for one of the Cities, click here.
Sample Virtual Building and Safety Counter set up and managed by Transtech at one of its client Cities (South
Pasadena):
Click on the links below to access the
site:
https://www.southpasadenaca.gov/gov
ernment/departments/planning-and-
building
For Virtual Building Plan Checker
Appointments, click below:
https://outlook.office365.com/owa/cale
ndar/TranstechEngineers@transtech.org/
bookings/
For Virtual Building Permit Technician
Appointments, click below:
https://outlook.office365.com/owa/cale
ndar/CityofSouthPasadenaVirtualAppoin
tmentCalendar@transtech.org/bookings/
B-13
c. Organization and Staffing (Per RFP limited to 2 pages) c.1
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
Following are our Primary Project Principals / Contact Persons:
AYLA JEFFERSON, CBO, CSP, Principal Building & Safety Official, ICC Certified Building Official, Plans
Examiner and Inspector
Education
• Rio Hondo College, CE, Bosphorous Univ, Turkey, Athanee Royal, B elgium
Registrations/Certifications
• ICC Certifications: Building Code Official, Certified Building Official, Certified Sustainability
Professional, Accessibility Inspector, Accessibility Plans Examiner, Building Plans Examiner,
California Building Plans Examiner, CalGreen Plans Examiner and Inspector, Building
Inspector CBC, Building Inspector UBC, Plumbing Inspector UPC, California Commercial
Plumbing Inspector, Residential Mechanical Inspector, California Residential Mechanical
Inspector, Permit Technician
• IAPMO Plumbing, Mechanical Inspector
Highlights
Ms. Jefferson has over 25 years of experience in private and governmental sector. She has
extensive experience in managing building and safety departments of different municipalities
under Transtech contracts. She has served as Building Official, Deputy Building Official, Plan
Checker, Code Enforcement Official, Community Improvement Coordinator, Planning
Technician, and Inspector for various municipalities.
DENNIS TARANGO, CBO, CSP, Principal Building & Safety Official, ICC Certified Building Official, Plans
Examiner and Inspector
Education
• Cal Poly, Engineering
• Fresno State BA
• Rio Hondo College
Registrations/Certifications
• ICC Certified Building Official, Plans Examiner, Commercial Building Inspector, Building
Inspector UBC, Fire Plans Examiner
Highlights
• ICC Sustainability Membership Council Governing Committee
Mr. Tarango has over 20 years of experience in the building and safety. He is experienced in
managing building and safety departments of different municipalities. Currently he is serving
as Building Official for Transtech Contract Cities. At Transtech, Mr. Tarango is responsible for
the Building and Safety Division as well as business development, client relations, and
management oversight. With his analytical and strategic management skills, he provides
strong leadership and develops staff to enhance the Departments abilities. Prior to working for
Transtech, Mr. Tarango served as Deputy Building Official, Plans Examiner, and Senior B uilding
Inspector for various local cities including the City of Diamond Bar, City of Yorba Linda, and
City of Hemet.
B-14
c. Organization and Staffing (Per RFP limited to 2 pages) c.2
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
Project Organization Chart
DAVID RAGLAND, PE, PLS,
QSD, QSP, QISP,
Sr. Engineer, Map, Grading,
Drainage, SWPPP, PC
Specialty Services
Soils Report Review Support
GEO-ADVANTEC, INC.
www.geoadvantec.com
JULIE ROBBINS
ICC Certified
Permit Technician
ROCIO GONZALEZ
ICC Certified
Permit Technician
CALVIN CHANG, PE
ICC Certified Plans Examiner
CEM AYAN, PE
ICC Certified Plans Examiner and
Inspector
ROBERT HERNANDEZ
ICC Certified Plans Examiner
and Inspector
JASON ROBBINS
ICC Certified Building Inspector,
CALGreen Inspector/Plans
Examiner, Permit Technician
VINCE ALTUNA
ICC Certified Inspector
GREGORY AHERN
ICC Certified Inspector,
ICC Certified Fire Inspector
AYLA JEFFERSON, CBO, CSP
Principal Building & Safety Official
ICC Certified Building Official,
Plans Examiner and Inspector
DENNIS TARANGO, CBO, CSP
Principal Building & Safety Official
ICC Certified Building Official,
Plans Examiner and Inspector
JEFFREY KAO, PE, CBO, CASp
ICC Certified Building Official,
Plans Examiner and Inspector
BILL DORMAN, CBO, CSP
ICC Certified Building Official,
Plans Examiner and Inspector
MICHAEL ROBERTS, CBO, MCP
ICC Certified Building Official,
Plans Examiner and Inspector
JONATHAN TARANGO
ICC Certified Building Inspector,
CALGreen Inspector/Plans
Examiner, Permit Technician
JEREMY REED
ICC Certified
Building Inspector,
Permit Technician
CAN GOZUBUYUK
ICC Certified Inspector
AMY CHAN
ICC Certified
Permit Technician
NICHOLAS TARANGO
ICC Certified
Building Inspector,
Permit Technician
RONALD L. GRIESINGER
Fire Marshal
Fire Plan Checker
JOHN TUFAN
ICC Certified
Permit Technician CALGreen
Inspector/Plans Examiner
Our staff and resources include approximately 150 staff, including building official, plan checkers, inspectors, engineers, project
managers, designers, plan checkers, inspectors, construction managers, traffic and transportation analysts, technicians, admin
support personnel.
CRAIG MELICHER, PE
Sr. Vice President
Staff Training
Code Consulting Support
B-15
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.1
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
d.1. Prior Experience (Per RFP limited to 2 pages) (Pages d.1 thru d.2)
Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting firm.
Transtech has been in business for over 32 years and provides municipal services to over 65 public agencies,
including Building and Safety Services.
Our staff and resources include approximately 150 staff, including building official, plan checkers, inspectors,
engineers, project managers, designers, plan checkers, inspectors, construction managers, traffic and
transportation analysts, technicians, admin support personnel.
Few Sample Projects Representative of Transtech’s Experience in Requested Services:
Agency: CITY OF TEMPLE CITY
Project: Blossom Walk Residential Development
(Valuation $6 m). This development includes 24-unit
condominiums and 4 single family homes.
Transtech provided following services:
• Establishing conditions of approval and
coordination with the Planning Staff for the
entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building
Official, City Engineer, City Traffic Engineer.
Agency: CITY OF SOUTH EL MONTE
Project: Chico Residential Development (Valuation
$15 m). This development includes 13 buildings with
70 residential units.
Transtech provided following services:
• Establishing conditions of approval and
coordination with the Planning Staff for the
entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building
Official, City Engineer, City Traffic Engineer.
Agency: CITY OF COMMERCE
Project: Warehouse with Office Space Development
(Valuation $20 m). This development includes one-
story of warehouse with mezzanines for office use of
114,898 square feet of total floor area in a 5.65-acre
lot.
Transtech provided following services:
• Establishing conditions of approval and
coordination with the Planning Staff for the
entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building
Official, City Engineer, City Traffic Engineer.
B-16
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.2
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
Agency: CITY OF ALHAMBRA
Project: Main Street Collection (Valuation $23m).
This development includes 4-story mixed-use project
with 8,200 s ft retail space, 52 condos, 9 live/work
units, 19 townhomes, and 6 shopkeeper units.
Transtech provided following services:
• Establishing conditions of approval and
coordination with the Planning Staff for the
entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building
Official, City Engineer, City Traffic Engineer.
Agency: CITY OF WEST COVINA
Project: Medical Center Building (valuation $20m).
This project is a new Medical Office Building of
approximately 55,000 sf that will operate 24/7
providing a radiation oncology department and
infusion department.
Transtech provided following services:
• Establishing conditions of approval and
coordination with the Planning Staff for the
entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building
Official, City Engineer, City Traffic Engineer.
Agency: SAN MANUEL BAND OF MISSION INDIANS
TRIBE AND CASINO
Project: Casino Expansion/Development (valuation
$700M): This project involves Casino’s expansion
program, which includes casino renovation, new
hotel, entertainment center, parking structure,
pedestrian bridges, alignment of entry and exit
roads, and various other improvements.
Transtech provided following services:
• Building Plan Check and Inspection.
• Fire Plan Check.
Transtech serves as the Tribe’s and Casino’s (they
are 2 sperate entities) Contract Building Official,
Plan Checker, Inspector and Fire Marshall.
B-17
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.3
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
d.2. Staff Qualifications (Per RFP limited to 10 pages) (Pages d.3 thru d.12)
Service Capabilities:
Transtech is a multi-disciplinary municipal engineering consulting firm. Our service capabilities include:
• Building & Safety Services, Building Inspection, Plan
Check, Building Evaluations, City Building Official, Code
Enforcement
• Civil Engineering,
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and Engineering
• Water Resources Engineering
• Surveying, Mapping, ALTA, Right-of-way Engineering
• Emergency, Support Services
Unique Qualifications:
One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service
providers. We serve as Building Official, Building Plans Examiner, Building Inspector, Permit Technician , City
Engineer, City Traffic Engineer, Map/Plan Checker, Public Works/Permit Inspector, CIP Manage r, Construction
Manager, Construction Inspector, Designer, Federally Funded Project Manager and in other capacities for a
number of public agencies. We also provide Fire Plan Check and Planning Support.
Currently, we are providing municipal, services to approximately 65 agencies, including Building and Safety
Services to several agencies, as listed below.
City of Temple City
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan Review,
Inspection, Permit Technician
City of Alhambra
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan
Review, Inspection, Permit Technician
B-18
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.4
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
City of Commerce
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan Review,
Inspection, Permit Tech
City of Big Bear Lake
✓ Building & Safety Services: Building Plan Review
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Design, CIP and Construction Management, PW
PC/Insp, Fed Proj Management
City of Maywood
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
City of Chino
✓ CIP Management Services: Transtech is City’s Contract
CIP Manager for major Public Works Projects.
City of Ontario
✓ CIP Management Services: Transtech is City’s Contract
CIP Manager for major Public Works Projects.
City of Monterey Park
✓ Engineering Services/CIP Management: Engineering
Support, Traffic Engineering, CIP Management, PW Plan
Check
✓ Building & Safety Services: Building Official, plan check
and as-needed inspection
Bear Valley Community Services District
✓ District Engineering Services/CIP Management:
Engineering Support, Traffic Engineering, CIP
Management,
City of South Pasadena
✓ Building & Safety Services: Building Official, Plan Review,
Inspection, Permit Tech
City of Seal Beach
✓ Building & Safety Services: Building Official, Plan Review,
As-needed Inspection
City of Azusa
✓ Building & Safety Services: Building Plan Review, As-
needed Insp
San Manuel Indian Reservation
✓ Building & Safety Services: Building Official, Plan Review,
Inspection
San Manuel Casino
✓ Building & Safety Services: Building Official, Plan Review,
Inspection
City of Placentia
✓ On-call PM/CM and Development/PW Plan Check: On-
call services.
City of San Clemente
✓ On-call Services: Development/Public Works Plan
Check
City of Rialto
✓ On-call Services: PW Permit Inspection Services.
City of Culver City
✓ On-call Engineering Services: Eng Services
City of South El Monte
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan
Review, As-needed Inspection, As-Needed Permit
Technician
City of West Covina
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW PC, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan
Review, Inspection, Permit Technician
City of Rosemead
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
City of Pico Rivera
✓ City Engineering and CIP Management Services: City
Engineer and CIP Management.
City of Bell
✓ Building & Safety Services: Building Official, Plan
Review, Inspection, Permit Technician
City of Hawaiian Gardens
✓ Building and Safety Services: Building Official, Plan
Review, Inspection, Permit Technician
City of Downey
✓ Building & Safety Services: Plan Review, Inspection
County of Riverside
✓ Building & Safety Services: Plan Review, Inspection
San Bernardino County Housing Authority
✓ On-call Services: As-Needed Support
City of San Bernardino
✓ On-call Services: Traffic Engineering, Constr.
Management.
City of Moreno Valley
✓ Building & Safety Services: Plan Review, Inspection
City of El Monte
✓ On-call Services: Engineering Support, Traffic
Engineering, Construction Management,
Development/Public Works Plan Check, Map and Plan
Check.
County of Los Angeles
✓ Building & Safety Services: Plan Review, Inspection
City of Norwalk
✓ Building & Safety Services: Plan Review
City of San Marino
✓ City Traffic Engineering Services: City Traffic
Engineering
City of Hermosa Beach
✓ Plan Check Services: Dev Plan Check
City of Banning
✓ Public Works Plan Check: PW Plan Check and Pw
Inspection
Riverside County Economic Development Agency
✓ On-call Services: Eng, Building Evaluations, & Surveying
B-19
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.5
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
City of Santa Ana
✓ On-call Services: Eng and Tech Support Services
City of Chino Hills
✓ On-call Services: Engineering
City of Anaheim
✓ Engineering Services: Engineering Services
City of Pasadena
✓ On-call Engineering Services: Engineering Services
City of Irwindale
✓ On-call Services: Construction Management and
Inspection Services.
City of Lancaster
✓ Traffic Engineering Services: On-call City Traffic
Engineering
City of Palm Desert
✓ City Traffic Engineering Services: City Traffic
Engineering
City of Lynwood
✓ On-call Services: Engineering, Construction
Management
City of Yorba Linda
✓ Traffic Engineering Services: On-call Traffic Engineering
Licenses and Certificates of the Firm and Staff Members in Diversified Fields:
Transtech staff members have extensive experience and in-depth knowledge of applicable codes and
regulations. Our staff members are certified by the International Code Council (ICC). We have staff who
have reached the highest possible level of code administration with the Master Code Professional designation
certification from the ICC. In addition, some of our staff members are certified as Fire Plan Checkers and
Inspectors, as we provide these services to some agencies.
Following are various ICC certifications held by various staff members:
Building Official Certifications:
✓ Certified Master Code
Professional
✓ Building Code Official
✓ Building Official
Plan Check Certifications:
✓ Residential Building Plans
Examiner
✓ Commercial Building Plans
Examiner
✓ California Building Plans
Examiner
✓ Certified Sustainability
Professional
✓ CalGreen Plans Examiner
✓ Accessibility Plans Examiner
✓ Commercial Energy
Conservation Plans Examiner
✓ Residential Plans Examiner
✓ Mechanical Plans Examiner
✓ Plumbing Plans Examiner
✓ Electrical Plans Examiner
State of California Safety
Assessment Program:
✓ CalOES SAP Evaluator
Inspection Certifications:
✓ Combination Inspector
✓ Commercial Building Inspector
✓ Residential Building Inspector
✓ Accessibility Inspector
✓ Commercial Energy Conservation
Inspector
✓ Electrical Inspector
✓ Commercial Electrical Inspector
✓ Residential Electrical Inspector
✓ Residential Energy Conservation
Inspector
✓ Residential Building Inspector
✓ Residential Mechanical Inspector
✓ Mechanical Inspector
✓ Commercial Mechanical Inspector
✓ Plumbing Inspector
✓ CalGreen Inspector
✓ Building Inspector CBC
✓ Building Inspector UBC
✓ Plumbing Inspector UPC
✓ California Building Inspector
✓ California Commercial Plumbing
Inspector
✓ California Residential Mechanical
Inspector
✓ California Residential Mechanical
Inspector
Additional Inspection Certifications:
✓ IAPMO Plumbing, Mechanical
Inspector
✓ Fire Code Inspector
✓ Fire Inspector II
✓ California UST Inspector
Permit Technician Certification: Permit
Technician
CACEO Certified Code Enforcement
Officer
California State Fire Marshall
Certifications: Certified EMT1 (AED
Certification), Driver Operator 1A, Driver
Operator 1B, Driver Operator,
Command 1A, 1B, 2A, Firefighter 1, 2,
Hazardous Materials First Responder,
Instructor 1A, 1B, Investigation, 1A,
Management, 1, Prevention, 1A, 1B,
1C, 1D, 2A, 3A,3B, ICS 100, 200, S-290, S-
130, S-190, PC832 with Firearms. Fire
control 3, S-230 S-231 S-215, Fire Safety
Officer
FEMA: IS 100, 200, 241, 242, 275, 700,
288, 800, 08-A, 1900
✓ Also, our plan check engineers, who review maps and engineering plans are licensed as professional
engineer by the State of California Board for Professional Engineers, Land Surveyors, and Geologists
(BPELSG).
✓ In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide
these services to some agencies.
Our staff members are involved in many local and national International Code Council (ICC) and California
B-20
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.6
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
Building Officials (CALBO) committees, and are involved in the development of local and national g uidelines
and codes for Building and Safety:
• Chair; ICC Sustainability Membership Council
• Chair; ICC LA Basin Chapter Inspection Committee
• Commissioner; ICC Codes & Standards Council
• Commissioner; CALBO Green Committee
• Commissioner; ICC/CALBO CA Exam Committee
• Commissioner; CALBO Outreach/Communications
Committee
• ICC Los Angeles Basin Chapter Board of Directors
• ICC Building Officials Membership Governing Council
• ICC Code Development Committee Vice Chair
• ICC Technology/Web Advisory Group
• IAS Accreditation Committee
• ICC LA Chapter Accessibility Committee
• Commissioner; CALBO State Licensing Boards Committee
Resumes of Key Staff Shown in Organization Chart in Proposal Section C:
AYLA JEFFERSON, CBO, CSP, Principal Building & Safety Official, ICC Certified Building Official, Plans
Examiner and Inspector
Education
• Rio Hondo College, CE, Bosphorous Univ, Turkey, Athanee Royal, Belgium
Registrations/Certifications
• ICC Certifications: Building Code Official, Certified Building Official, Certified Sustainability
Professional, Accessibility Inspector, Accessibility Plans Examiner, Building Plans Examiner,
California Building Plans Examiner, CalGreen Plans Examiner and Inspector, Building Inspector
CBC, Building Inspector UBC, Plumbing Inspector UPC, California Commercial Plumbing Inspector,
Residential Mechanical Inspector, California Residential Mechanical Inspector, Permit Technician
• IAPMO Plumbing, Mechanical Inspector
Highlights
Ms. Jefferson has over 25 years of experience in private and governmental sector. She has extensive
experience in managing building and safety departments of different municipalities under
Transtech contracts. She has served as Building Official, Deputy Building Official, Plan Checker,
Code Enforcement Official, Community Improvement Coordinator, Planning Technician, and
Inspector for various municipalities.
DENNIS TARANGO, CBO, CSP, Principal Building & Safety Official, ICC Certified Buil ding Official, Plans
Examiner and Inspector
Education
• Cal Poly, Engineering
• Fresno State BA
• Rio Hondo College
Registrations/Certifications
• ICC Certified Building Official, Plans Examiner, Commercial Building Inspector, Building Inspector
UBC, Fire Plans Examiner
Highlights
• ICC Sustainability Membership Council Governing Committee
Mr. Tarango has over 20 years of experience in the building and safety. He is experienced in
managing building and safety departments of different municipalities. Currently he is serving as
Building Official for Transtech Contract Cities. At Transtech, Mr. Tarango is responsible for the
Building and Safety Division as well as business development, client relations, and management
oversight. With his analytical and strategic management skills, he provides strong leadership and
develops staff to enhance the Departments abilities. Prior to working for Transtech, Mr. Tarango
served as Deputy Building Official, Plans Examiner, and Senior Building Inspector for various local
cities including the City of Diamond Bar, City of Yorba Linda, and City of Hemet.
BILL DORMAN, CBO, CSP, ICC Certified Building Official, Plans Examiner, Inspector
Education
• AS, Architecture - East Los Angeles College; BA, University of La Verne
Registrations/Certifications
• ICC Certified Building Official, Plans Examiner, Building Inspector
B-21
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.7
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
Highlights
Mr. Dorman has over 30 years of experience in Building and Safety. He serves as Building
Official/Plan Checker/Inspector at various Transtech contract cities. He has extensive experience
in construction codes, building and safety plan review and inspection, code interpretations, and
resolving code related construction and plan review problems on a broad range of projects. Prior
to joining Transtech, he has served in various capacities, including as Building Official/Code
Administrator for the City of Pasadena.
JEFFREY KAO, PE, CBO, CASp, ICC Certified Building Official, Plans Examiner and Inspector
Education
• MS, BS Civil Engineering, Cal Poly
Registrations/Certifications
• Registered Civil Engineer; CASp
• ICC Certified Building Official, California Building Plans Examiner, CalGreen Inspector, CalGreen
Plans Examiner, Mechanical Plans Examiner, Plumbing Plans Examiner, Building Inspector
Highlights
Mr. Kao has over 20 years of experience and has been working at Transtech as Deputy Building
Official, Senior Plans Examiner, On-Site Over the Counter Plans Examiner and performed plan
checks for a variety of residential and commercial projects in Cities of Alhambra, South Pasadena,
and Temple City. Mr. Kao has broad knowledge of building and safety operations, including
working in the capacity of Deputy Building Official and Plans Examiner. His past experience includes
working as a structural engineer for 4 years at a structural design firm.
MICHAEL ROBERTS, CBO, MCP, ICC Certified Building Official, Plans Examiner and Inspector
Education
• Associate of Applied Science, Building Inspection Technology – Chemeketa Community
College, Salem Oregon
• Fire Code Administration, National Fire Academy – Emmitsburg, Maryland
Registrations/Certifications
• ICC Certified Master Code Professional, Building Code Official, Building Official, Plumbing
Inspector, Combination Inspector, Commercial Building Inspector, Accessibility Plans Examiner /
Inspector, Commercial Energy Conservation Plans Examiner, Commercial Energy Conservation
Inspector, Electrical Inspector, Commercial Electrical Inspector, Residential Electrical Inspector,
Residential Energy Conservation Inspector, Residential Building Inspector, Residential Mechanical
Inspector, Residential Plans Examiner, Mechanical Inspector, Commercial Mechanical Inspector,
Fire Code Inspector, Fire Inspector II
• ICBO Certified Structural Inspector, Plumbing Inspector, Mechanical Inspector, Building Plans
Examiner, Fire Code Official
Highlights
Mr. Roberts has over 30 years of experience in municipalities, including governmental development
administration. He has reached the highest possible level of code administration with the Master
Code Professional designation certification from the International Code Council and has proven
superior leadership abilities. He has serv ed as Building Official, Community Development Director,
Senior Plans Examiner, Plans/Residential Examiner, and Inspector for various municipalities and
served as Principal Consultant. Serving as a Building Official for many years, Mr. Roberts provided
the necessary code interpretations, and coordinated with agency staff and departments, and
applicants on building and safety related issues. He has vast knowledge of municipal government
operations, including preparation and presentation of staff reports and resolutions to city councils,
committees, and related interaction with members of the public, other city departments, and other
governmental agencies.
CEM AYAN, PE, ICC Certified Plans Examiner and Inspector
Education
• M.S., B.S. in Civil Engineering
Registrations/Certifications
B-22
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.8
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
• Registered Civil Engineer
• ICC Certified Plans Examiner, Inspector
Highlights
• Experience includes working as Structural Design Engineer.
Mr. Ayan has approximately 20 years of experience in engineering and construction. He works at
various Transtech Contract Cities as Plan Checker and Deputy Building Official. His experience also
includes both working for a construction company as construction engineer and for consulting firms
design firms as design/field construction engineer. His field construction experience includes site
start-up, site grading/paving/concrete work, excavation, backfill, vertical survey, storm &
wastewater collection, shallow/deep foundation, structural work, M&E, brick work, gable/hip/fl at
roof, interior/exterior architectural finish, and CM/PM activities.
CALVIN CHANG, PE, ICC Certified Plans Examiner
Education
• MS, BS Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
• ICC Certified Plans Examiner
Highlights
• Chinese Cantonese and Mandarin Speaker
• Extensive experience in Structural Plan Check
Mr. Chang has 30 years of experience and has been working at Transtech as Deputy Building
Official, Senior Plans Examiner, On-Site Over the Counter Plans Examiner. He has performed plan
checks for a variety of residential and commercial projects in Cities of Alhambra, Temple City,
Huntington Park, San Manuel Indian Reservation and San Bernardino. Prior to joining Transtech, he
was a Sr. Plans Examiner at the City of Burbank. Mr. Chang has extensive experience in Building
Codes, code interpretations and resolving code related construction and plan check problems on
a broad range of residential and commercial projects.
ROBERT HERNANDEZ, ICC Certified Plans Examiner and Inspector
Education
• Coastline College, Electrical and mech code classes; Fullerton College, Building construction
cod.
Registrations/Certifications
• ICC Certified Plans Examiner, Inspector-Res Building, Commercial, Res Plumbing, Commercial
Plumbing
Highlights
Mr. Hernandez has over 30 years of experience and has served as Inspector and Plan Checker. His
prior experience includes working for various cities as inspector and plan checker.
VINCENT ALTUNA, ICC Certified Inspector
Education
• Electrical Code, Blueprint Reading, Intro to Building Code, Community College, Fountain Valley,
Registrations/Certifications
• ICC Certified Building Inspector
Highlights
Mr. Altuna is a Building Inspector with 15 years of experience. He is available to provide a
combination of building inspector services to many of our Southern California clients. Mr. Altuna
has served as a Building Inspector at various Transtech Contract Cities including largely at the City
of Commerce. As a building inspector he provides building and safety related services for the
Building Division/Departments in the areas of residential, commercial, and industrial related
projects. Some of Mr. Altuna’s responsibilities as a building inspector include building, electrical,
mechanical, and plumbing inspections; ensuring that all proper documents are obtained prior to
finalization of permits; and answering questions that contractors, developers, engineers, or
homeowners might have regarding code requirements. He has broad knowledge of municipal
B-23
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.9
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
governmental operations and building related codes and ordinances. Prior to working for Transtech
Engineers, Mr. Altuna worked as a Senior Building Inspector for vari ous consulting groups across
Southern California. During this time, he worked in the Building & Safety Departments at the Cities
of Huntington Beach, Industry and Cudahy.
JASON ROBBINS, ICC Certified Building Inspector, CALGreen Inspector/Plans Examiner, Permit
Technician
Education
• A.A. and A.S. Degrees; Cal State LA, Computer Science (In Progress)
Registrations/Certifications
• ICC Certified Building Inspector, Commercial Building Inspector, Res. Combo, Building, Electrical,
Mechanical, Plumbing Inspector, Permit Technician
Highlights
Mr. Robbins has over 6 years of experience working in governmental environments. He is assigned
to various Transtech Contract Cities. He has served as Permit Technician and as Building Inspector
under Transtech’s contract cities, including at the City of Alhambra, City of South Pasadena, City
of Temple City, City of Montebello, and City of Seal Beach. Mr. Robbins also has experience working
alongside Los Angeles County Staff at City of Commerce as a Permit Technician.
GREGORY AHERN, ICC Certified Inspector, ICC Certified Fire Inspector
Education
• Associates of Science Degree – Public Works Construction - Citrus Community College
• FT 101: Fire Protection Organization, FT 102: Fire Prevention Technology, FT 103: Fire Protection
Equipment System, FT104: Building Construction/Fire Protection, FT 105: Fire Behavior &
Combustion – Hancock Community College
Registrations/Certifications
• ICC Certified Residential Building Inspector, ICC Certified Residential Mechanical Inspector, ICC
Certified Residential Plumbing Inspector. ICC Fire Inspector I, ICC California UST Inspector
Certification
• Hazardous Waste Operator and Emergency Operations Certification (HAZWOPER)
• Aboveground Petroleum Storage Tank Inspector Certification EPA (APSA)
Highlights
Mr. Ahern has over twenty years’ experience inspecting commercial development in the City of
Glendale. He has in depth experience inspecting high rise mixed use development projects, as
well as industrial projects.
JEREMY REED, ICC Certified Building Inspector, Permit Technician
Education
• Citrus College
Registrations/Certifications
• ICC Certified Building Inspector, Permit Tech
Highlights
Mr. Reed has over 5 years of experience working in governmental environments. He is assigned to
various Transtech Contract Cities. Mr. Reed has served as a Permit Technician and a Building
Inspector under contract cities such as City of South Pasadena, Alhambra, and Hawaiian Gardens.
Some of Mr. Reeds roles as a building inspector include conducting building, electrical,
mechanical, and plumbing inspections; ensuring that all proper documents are obtained prior to
finalization of permits; and answering questions that contractors, developers, engineers, or
homeowners may have regarding code requirements.
JONATHAN TARANGO, ICC Certified Building Inspector, CALGreen Inspector/Plans Examiner, Permit
Technician
Education
• Construction Management, Fullerton College; General Education, Mount San Antonio College
Registrations/Certifications
B-24
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.10
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
• ICC Residential Building Inspector, Residential Plumbing Inspector, & Residential Electrical
Inspector
Highlights
Mr. Tarango has over 8 years of City government experience working in many diverse communities.
His experience includes working as a Building Inspector and Permit Technician at various Transtech
contract cities.
CAN GOZUBUYUK, ICC Certified Inspector
Education
• MBA, Southern States University (SSU); BS, Engineering,
Registrations/Certifications
• ICC Certified Residential Building Inspector, Residential Mechanical Inspector, Residential
Plumbing Inspector,
Highlights
Mr. Gozubuyuk has been working in Transtech’s Building and Safety Department as a Building
Inspector for various contract Cities. Mr. Gozubuyuk quickly gained his ICC Residential, Plumbing,
and Mechanical Certifications and continuously serves as a Building Inspector for the City of South
Pasadena, Seal Beach, Alhambra, Temple City. Huntington Park and many more. Some of his roles
as a building inspector include conducting building, electrical, mechanical, and plumbing
inspections; ensuring that all proper documents are obtained prior to finalization of permits; and
answering questions that contractors, developers, engineers, or homeowners may have regarding
code requirements.
ROCIO GONZALEZ, ICC Certified Permit Technician
Education
• Business Administration, United Education Institute
Registrations/Certifications
• Permit Tech
Highlights
• Spanish Speaker
Mrs. Gonzales has served as a Permit Technician for two years at various Transtech Contract Cities
which include City of Alhambra, City of South Pasadena, City of Temple City, and City of Huntington
Park. As a permit technician she receives and processes various permit applications, plans, and
specifications, determining appropriate fees, routes plans, issues permit, provide other information
of a general and technical nature. Her prior experience includes 10 years as customer service
representative and bookkeeper for a large retail corporation. Her responsibilities included
processing store paperwork for corporate use, reporting daily finances to corporate office, and
problem resolution.
JULIE ROBBINS, ICC Certified Permit Technician
Education
• B.A., Political Science, University of La Verne
• Associates in Business Administration; Paralegal Education; Political Science; General Education;
SCACEO Code Enforcement Courses, Rio Hondo Community College
Registrations/Certifications
• ICC Certified Permit Technician
• CACEO Certified Code Enforcement Officer
Highlights
• Spanish Speaker
Mrs. Robbins has approximately 34 years of City Government and Building and Safety experience.
Mrs. Robbins has been working in Transtech’s Building and Safety department in va rious contract
cities performing various clerical and technical duties in support of Building Inspections, Plan
Checkers, and the Building Official.
AMY CHAN, ICC Certified Permit Technician
B-25
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.11
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
Education
• B.A., Cal State, Long Beach
Registrations/Certifications
• Permit Tech, CalGreen Plans Examiner, and Inspector
• CACEO Certified Code Enforcement Officer
Highlights
• Chinese Cantonese Speaker
Ms. Chan has approximately 5 years of City Government and Building and Safety experience. Ms.
Chan has been working in Transtech’s Building and Safety department in various contract cities
performing various clerical and technical duties in support of Building Inspections, Plan Checkers,
and the Building Official. Prior to working for Transtech Engineers Ms. Chan worked for the City of
Arcadia as a Planning Intern. Some of her responsibilities included providing technical support to
planning staff by conducting research, answering questions, and providing information to the
public, preparing agendas and reports for review boards and meetings. During her time there, Ms.
Chan examined various types of applications received from the city (i.e. rebuilding, modifications,
etc.), wrote up conditional use, approval, and staff report letters, and working on updates
regarding the general plan, zoning, and municipal codes.
RONALD L. GRIESINGER, Fire Marshal, Fire Plan Checker
Education
• Cabrillo College, CA
• Fire Science Technology
Registrations/Certifications
• California State Fire Marshall Certifications: Certified EMT1 (AED Certification), Driver Operator 1A,
Driver Operator 1B, Driver Operator, Command 1A, 1B, 2A, Firefighter 1, 2, Hazardous Materials
First Responder, Instructor 1A, 1B, Investigation, 1A, Management, 1, Prevention, 1A, 1B, 1C, 1D,
2A, 3A,3B, ICS 100, 200, S-290, S-130, S-190, PC832 with Firearms. Fire control 3, S-230 S-231 S-215,
Fire Safety Officer
• FEMA: IS 100, 200, 241, 242, 275, 700, 288, 800, 08-A, 1900
• ICC Certified Green Building Professional
Highlights
Mr. Griesinger has 24 years of experience. His prior Public Agency Experience includes: Riverside
County Fire Department, CA, Fire Safety Specialist; City of Watsonville, CA, Fire Life Safety Officer;
Boulder Creek Fire Protection District, CA; Firefighter / Engineer / Deputy Fire Marshal; Scotts Valley
Fire Protection District, CA, Interim Deputy Fire Marshal; Fire Management Consulting.
NICHOLAS TARANGO, ICC Certified Building Inspector, Permit Technician
Education
• Fullerton College
Registrations/Certifications
• ICC Permit Technician, Residential Building Inspector
Highlights
Mr. Tarango’s experience includes working as a Permit Technician at local public agencies
including City of South Pasadena and City of Alhambra. As a permit technician he performs
preliminary review of permit applications and plan submittals for completeness and accuracy and
determines appropriate fees. In addition, he also routes plans, issues permits, and manages logs
and records, and provides information to the public relating to the status of projects and permits.
JOHN TUFAN, ICC Permit Technician, CalGreen Inspector/Plans Examiner
Education
• BA Public Administration
• University of Redlands MA in Management
Registrations/Certifications
• ICC Permit Technician
Highlights
B-26
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.12
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
Mr. Tufan has been working in Transtech’s Building and Safety Department and performing various
clerical and technical duties in support of Building Inspection, Plan Checkers and Building Officials.
Mr. Tufan acquired his ICC Permit Technician Certification and has worked in various contract cities
including City of Alhambra, South Pasadena, Placentia, Commerce, Bell and many more. In
addition to this, Mr. Tufan supports Transtech’s Engineering Department in various contract cities
such as West Covina, South El Monte, Banning and Big Bear.
DAVID RAGLAND, PE, PLS, QSD, QSP, QISP, Sr. Engineer, Map, Grading, Drainage, SWPPP, PC
Education
• Humboldt State University, CA, Bachelor of Science
Registrations/Certifications
• Registered Civil Engineer
• Licensed Land Surveyor
Highlights
Mr. Ragland is a civil engineer and land surveyor has over 30 years of diverse experience in a wide
variety of projects in civil engineering. He has managed numerous multi-disciplinary teams dealing
with the planning, engineering, entitlement, environmental permitting, development and
construction of urban and rural development, and public works projects. His experience also
includes special emphasis on complex grading and hillside developments (has worked on the civil
engineering and development of more than 40,000 acres of hillside properties), preparation of due
diligence and project feasibility analysis, through conceptual planning and design to entitlement
and construction.
CRAIG MELICHER, PE Sr. Vice President, Staff Training, Code Consulting Support
Education
• BS in Civil Engineering
• Various Construction Management Classes at UCLA, including:
o Legal Aspects of Construction Management
o Primavera based Construction Scheduling Software
Registrations/Certifications
• State of California Registered Civil Engineer
Highlights
Mr. Melicher has 35 years of experience in as Building Official, City Engineer and Construction
Manager. Under Transtech’s Municipal Service Contracts, he served at approximately 10 Cities in
various capacities, such as Contract Building Official, Deputy Building Official, Plan Checker,
Inspector, City Engineer and CIP Manager. He successfully implemented the transition of City
Engineering and/or Building Department Services for a number of local agencies in California. He
has extensive experience in construction, California Building Codes, building and safety plan check
and inspection, code interpretations, and resolving code related construction and plan check
problems on a broad range of residential, commercial, and public works capital improvement
projects. He has a broad knowledge of municipal government operations, including preparation
and presentation of staff reports/resolutions to city councils, committees and interaction with
public, various city departments, city council and other governmental agencies.
• SOILS REPORT REVIEW SUPPORT: Subconsultant: GEO-ADVANTEC, INC. (www.geoadvantec.com)
Geo-Advantec, Inc. offers comprehensive services in various areas from site feasibility evaluatio n thought
project completion for a wide range of projects and services, which include: Geotechnical Eng.; Eng. Geology;
Geotechnical Earthquake Eng.; Geotechnical Instrumentation; Pavement Eng.; Forensic Geotechnical Eng.;
Grading Monitoring and Field Testing; Soils & Materials Laboratory Testing; Special Inspection Services. Geo-
Advantec owns a certified laboratory accredited by AMRL (ASSHTO Materials Reference Laboratory), in
conformity to the requirements of the AASHTO Accreditation Program (AAP), AASHTO R-18, ASTM D3740 and
ASTM E329; CCRL (Cement and Concrete Reference Laboratory); Caltrans; DSA (the Department of the State
Architects); Army Corp of Engineers.
Transtech uses GEO-ADVANTEC for soils report review in several other cities.
B-27
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.13
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
d.3. Reference Projects (Per RFP limited to 10 pages) (Pages d.13 thru d.22)
Following are references from our current Contract Cities where we provide Building and Safety Services:
CITY OF SOUTH PASADENA
Contact: Angelica Frausto-Lupo, Community Development Director; T: 626-403-7222;
E: afraustolupo@southpasadenaca.gov
Services Provided: Building & Safety Services
CITY OF TEMPLE CITY
Contact: Bryan Cook, City Manager; T: 626-285-2171; E: bcook@templecity.us
Services Provided: Building & Safety Services; City Engineering Services
CITY OF MONTEREY PARK
Contact: Ron Bow, City Manager; T: 626-307-1255; E: rbow@montereypark.ca.gov
Services Provided: Building & Safety Services; City Engineering Services
CITY OF SOUTH EL MONTE
Contact: Rachel Barbosa, City Manager, T: Phone: 626-579-6540, E: rbarbosa@soelmonte.org
Services Provided: Building & Safety Services; City Engineering Services
CITY OF WEST COVINA
Contact: David Carmany, City Manager; T: 626-939-8401; E: dcarmany@westcovina.org
Services Provided: Building & Safety Services; City Engineering Services
CITY OF ALHAMBRA
Contact: Andrew Ho, Community Development Director; T: 626-570-5041; E:
andrewho@cityofalhambra.org
Services Provided: Building & Safety Services; City Engineering Services
CITY OF COMMERCE
Contact: Jose Jimenez, Development Services Director; T: 323-722-4805; E:
jjimenez@ci.commerce.ca.us
Services Provided: Building & Safety Services; City Engineering Services
CITY OF AZUSA
Contact: Matt Marquez, Director of Development; T: 626-812-5236; E: mmarquez@azusaca.gov
Services Provided: Building & Safety Services
CITY OF BELL
Contact: Manuel Acosta, Community Development Director, T: (323) 588-6211, E:
macosta@cityofbell.org
Services Provided: Building & Safety Services
Please see reference letters on following pages from above references:
B-28
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.14
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
B-29
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.15
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
B-30
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.16
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
B-31
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.17
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
B-32
d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.18
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d. Staff Qualifications and Experience (Per RFP limited to 22 pages) d.21
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e. Project Cost e.1
Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
Fee Schedule:
Description Fee per Hr.
Plan Review $135.00
Permit Technician $86.00
Inspector $118.00
Senior Inspector $134.00
Code Enforcement $118.00
Deputy Building Official/Plan Check Engineer $161.00
Building Official $172.00
Any other services requested by the City shall be per Transtech Schedule of Hourly Rates
The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim
California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February
by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.
TRANSTECH ENGINEERS, INC.
S C H E D U L E O F H O U R L Y R A T E S
E f f e c t i v e t h r o u g h J u n e 3 0 , 2 0 2 3
ENGINEERING CONSTRUCTION MANAGEMENT BUILDING & SAFETY
Field Technician $86 Labor Compliance Analyst $145 Permit Technician $86
Engineering Technician $102 Funds Coordinator $150 Plan Check Technician/Analyst $118
Assistant CAD Drafter $124 Utility Coordinator $161 Building Inspector $118
Senior CAD Drafter $145 Office Engineer $145 Senior Inspector $134
Associate Designer $150 Construction Inspector $145 Plans Examiner/Checker $145
Senior Designer $161 Senior Construction Inspector $156 Plan Check Engineer $161
Design Project Manager $199 Construction Manager $199 Deputy Building Official $161
Assistant Engineer $129 Resident Engineer $199 Building Official $172
Staff/Associate Civil Engineer $156 PUBLIC WORKS INSPECTION PLANNING
Senior Civil Engineer $209 Public Works Inspector $145 Community Development Technician $86
Traffic Analyst Technician $118 Senior Public Works Inspector $156 Planning Technician $91
Associate Traffic Analyst $140 Supervising PW Inspector $161 Assistant Planner $129
Senior Traffic Analyst $161 SURVEY AND MAPPING Associate Planner $135
Professional Transportation Planner $177 Survey Analyst $145 Senior Planner $166
Traffic Engineer Technician $102 Senior Survey Analyst $156 Planning Manager $177
Associate Traffic Engineer $156 2-Man Survey Crew $333 ADMINISTRATIVE STAFF
Traffic Engineer $177 Survey & Mapping Specialist $188 Administrative/Clerical $70
Senior Traffic Engineer $199 Licensed Land Surveyor $204 Project Accountant $86
Project Manager $183 FUNDING & GRANT WRITING
Senior Project Manager $199 Funds Analyst $140
Deputy City Engineer $172 Senior Funds Analyst $150
City Engineer $188 Graphic & Rendering Designer $134
Principal Engineer $209 Grant Writer $166
Funds & Grant Project Manager $188
The above fees will be increased each year July 1
The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers
(“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of
Labor Statistic.
As requested in the RFP, following is cost estimate associated with a typical residential plan check:
Typical residential plan review, depending on the size, complexity of the design and quality of the plan
preparation may cost between $1,100 to $3,500 plan review fees.
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Proposal – BUILDING AND SAFETY PLAN CHECK SERVICES
f. Quality Control Plan (Per RFP limited to 1 page) f.1
Transtech’s unique “Customer Care” approach in delivering High Quality Building and Safety Services in an
efficient, cost-effective, and timely manner:
✓ Transtech is well known in providing Cost Effective Services on time with a customer friendly and
responsive approach.
✓ Our services are founded on the principles of Total Quality Management for Total Customer Care.
✓ We have a structured approach to execute projects in an efficient manner that makes Transtech capable
of providing the City with the highest quality product. Transtech has established guidelines and policies,
including written manuals on quality control, project management, and desig n procedures for its staff
and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments
undertaken by our organization in compliance with City’s specific procedures, standards, and
requirements.
✓ We start by working with the applicant early on and during plan review to help them prepare a set of
plans which have all of the required information clearly and logically presented.
✓ Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce
construction costs, and/or provide details which are easy to verify in the field . Experience has taught us
well that inspection time and applicant frustration can both be substantially reduced, while increasing
overall compliance, by producing a better set of plans during the plan review process. And in the case
of homeowners, this policy often demonstrates early on that the City really is truly a partner in a process
that can often be a source of stress and tension for many applicants, and we fully understand that.
✓ This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit
much sooner, and reduces the overall time our staff is required to spend on that particular plan.
✓ Transtech provides all plan check comments on electronic files. All plan check comments are provided
on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are
fully detailed to explain the Code deficiency.
✓ To help the applicant better understand the problem, Transtech provides as much information during
plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or
she can take the necessary steps to correct the condition. This policy reduces the number of plan review
rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time
our staff is required to spend on that particular plan. Unclear and/or cryptic corrections are never written,
and all correction lists, except those written over the counter, are typed and printed on a laser printer.
✓ Our plan checkers confer early on and respond to questions from the architect, engineer, designer,
applicant, etc. When requested, our plan checkers also meet wit h the architect, engineer, designer,
applicant, etc. at our offices to answer questions or for rechecks where the plan corrections.
✓ Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps
eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify
in the field.
✓ All telephone calls or e-mails received are returned within the same working day, or the following day.
We take pride in our “Same Day Response” motto.
✓ Responsiveness is an integral part of Transtech’s “customer friendly” service approach.
✓ We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest
and conduct business.
✓ Customer Care means highest quality customer service. Transtech is committed to providing “Customer
Care” to the City, City's patrons, responding quickly and effectively to the walk -in, telephone, and
electronic inquiries of the public related to our services.
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g. Acceptance of Conditions (Per RFP limited to 1 page) g.1
Following are comments we received on the contract from our insurance agency for City’s review. If selected by the
City, we will appreciate a discussion with the City’s contract administrator to discuss the final contract language.
Paragraphs “7.2. Disputes, Default” and “7.3. Retention of Funds”: Broad reference to “default” which gives City the unilateral right to withhold payment without valid reason.
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Appendix – Addendum 1 Acknowledgement App.1
Ayla Jefferson, CBO, CSP, Principal Building Official 4/22/2022
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City of Rancho Palos Verdes
Building and Safety Services
March 25, 2022
City of Rancho Palos Verdes
Request for Proposals
Building and Safety Plan Check and
Inspection Services
Community Development Department
Attention: Ken Rukavina, PE, Director
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Phone: 310-544-5228 | Email: krukavina@rpvca.gov
RFP Release Date: March 28, 2022
Request for Clarification Deadline: April 11, 2022
RFP Submittal Deadline: April 21, 2022
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City of Rancho Palos Verdes
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March 25, 2022
Building and Safety Plan Check and Inspection Services
The City of Rancho Palos Verdes is requesting proposals from qualified consulting
firms to provide Building and Safety Plan Check and Inspection Services.
All correspondence and questions regarding this RFP should be submitted via
email no later than April 11, 2022, to: Ken Rukavina, PE, Director of Community
Development krukavina@rpvca.gov
To be considered for this project, please submit an electronic copy of the
proposal to the above email address by 5:00 PM, on April 21, 2022
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City of Rancho Palos Verdes
Building and Safety Services
March 25, 2022
TABLE OF CONTENTS
I. Introduction Page 4
II. Project Objective Page 4
III. Project Background and Purpose Page 4
IV. Scope of Services Page 5
V. Necessary Qualifications and Submittal
Requirements Page 6
VI. Submission of Proposal Page 9
VII. Evaluation and Selection Process Page 9
VIII. Attachment
Attachment A – Sample Professional Services Agreement
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City of Rancho Palos Verdes
Building and Safety Services
March 25, 2022
I. INTRODUCTION
The City of Rancho Palos Verdes (City) is a scenic, upscale, residential coastal
community, with a population of approximately 42,000 located on the Palos Verdes
Peninsula of southwestern Los Angeles County.
The City is a contract city, meaning that some services are provided by contract with
agencies (both public and private) and some services are delivered by the City’s own
employees.
City Government: Rancho Palos Verdes is a General Law City and has operated under
the Council-Manager form of government since its incorporation in 1973. Policy-making
and legislative authority are vested in the governing City Council, which consists of five
Council Members, including the Mayor and Mayor Pro-Tem. The City is dedicated to
providing its residents, businesses, and visitors with exemplary municipal governance
and services, while preserving its low-density, low-tax and semi-rural character, inclusive
of its natural resources and open space, thereby enhancing the quality of life. This is
achieved by honoring the vision, principles, and goals of the City’s founders, as identified
in the General Plan, while adapting to the future needs, challenges, and opportunities of
the community. The primary purpose of the City’s government is to provide professional
and high-quality municipal service. The general public of the City engages in a variety of
City decisions including land use review processes in general, and thus, extensive public
participation typically occurs for various planning projects.
The purpose of this document is to provide proposers with the information needed to
submit a proposal for review by the City and, if selected, enter into a Professional Service
Agreement with the City. Enclosed is a blank Professional Services Agreement form for
proposers’ review (Attachment A).
II. PROJECT OBJECTIVE
The City of Rancho Palos Verdes is requesting proposals from qualified consulting firms
to provide professional Building & Safety services, specifically with expertise in Building
& Safety plan check review and inspection services. Elements of the consultant’s duties
in which services may be required will be under the direct oversight of the City’s Building
Official or Director of Community Development.
III. PROJECT BACKGROUND AND PURPOSE
Within the Community Development Department, the Building & Safety Division is
responsible for providing construction plan review and inspection services in order to
ensure the safety of building occupants within homes, workplaces, and other buildings
constructed within the City. The review of the construction plans and project sites for
compliance with applicable building codes and City ordinances is critical to providing the
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level of safety expected at the earliest and most cost-effective time, when the project is
in the review stage.
IV. SCOPE OF SERVICES
The City wishes to use the professional services of a consultant to provide building and
safety services based on the California Building, Electrical, Plumbing and Mechanical
Codes, and the California Energy Standards, as adopted by the Rancho Palos Verdes
Municipal Code (Title 15), as well as other applicable City ordinances, including:
• Plan check
• Back-up building inspection and code enforcement (as needed)
The following Scope of Services represents the services and responsibilities the
successful proposer will be expected to provide and perform.
A. Plan Check: Review building and development plans for conformance with the
California Building, Electrical, Plumbing and Mechanical Codes (the “Codes”), the
California Energy Standards, City ordinances and other requirements as set by
City Departments, as well as arranging for reviews by other responsible agencies,
as appropriate. Type of proposed plan check work may include new construction
(residential and commercial), remodel, additions, green building, ADA, Leadership
in Energy and Environmental Design (“LEED”), onsite wastewater treatment
systems (“OWTS”) and public nuisance abatement.
Consultant must be able to perform electronic plan review.
Unless there are exceptional circumstances, Consultant will be asked to complete
first plan check of residential construction within ten (10) calendar days of receipt
of the submittal and subsequent plan checks within five (5) calendar days of receipt
of the re-submittal. Consultant shall provide all plan check comments in typed
format for all initial and subsequent plan reviews. Plan review letter comments
shall be specific, detailed, complete, and reference plan sheet numbers and code
sections where applicable.
B. Inspection: The City has three full-time building inspectors: thus, this service shall
only be provided on an as-needed basis when staffing and/or workload constraints
exist. Upon request, provide field inspections during the course of construction,
pursuant to applicable Codes. Standard City operating procedures is that
inspections are made by the next working day following a request made by 4:00
PM on the preceding day. City permit technicians will provide appointments for
field inspections within a specified time frame on the day of the inspection.
C. Code Enforcement: The City employs two full-time code enforcement officers:
thus, this service shall only be provided on an as-needed basis when staffing
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and/or workload constraints exist. Upon request, inspect and enforce all violations
of the Codes and Standards, including substandard conditions. Attend office
conferences and appeals to the Board of Appeals or the City Council, pursuant to
requests for attendance from the Director of Community Development or his or her
designee. Report to the appropriate City Departments all suspected violations of
other City ordinances and requirements.
D. As-Needed Support: Provide as-needed staffing support, when requested. As-
needed staff support may include building official, permit technician, and
supplemental inspection services as required to appropriately respond to
emergencies or natural disasters.
E. Coordination: Coordinate staffing and workload with the Building Official and/or the
Director of Community Development or his or her designee, and provide
appropriate information to the public.
F. Meetings: Attend meetings with City staff, City officials, developers, contractors,
and the general public, as necessary for the execution of plan check services or
as required by the Building Official and/or the Director of Community Development
or his or her designee.
G. Records: Maintain all original Building and Safety records and files at City Hall.
H. Training & Certification: Provide periodic technical training to keep Consultant’s
staff up-to-date on the latest codes and building techniques. Provide to, and
receive from, the Community Development Department’s staff appropriate training
to coordinate the functions of the Department and the Consultant. Plan review and
inspection staff shall have obtained and must maintain current ICC certifications.
Consultant shall also employ sufficient number of certified CASP disabled access
specialist pursuant to the requirements of S.B.1608.
I. Availability to the Public: The Consultant understands that building and safety
personnel must be available to provide information about the status of active plan
check applications and/or permits and to answer general questions from the public
at the counter or over the telephone during City Hall business hours when
requested to do so by City staff. Such public availability will be provided by either
the City or Consultant’s personnel using schedules established by the City’s
Building Official that optimize service to the public.
J. Vehicles and equipment: Provide all vehicles and equipment necessary to properly
perform the services and duties required.
K. Certified Personnel: Consultant’s employees who perform services for the City
pursuant to this Agreement must be ICC certified and state licensed P.E. plan
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check engineer(s) and ICC certified building inspector(s) including having the
availability of CASP certified access specialists on an as needed basis.
VI. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
1. Only one proposal per firm will be considered.
2. The submittal should be typed and as brief as possible while adequately
describing the qualifications of the firm and any subconsultants. The final
submittal shall be sent as a PDF via email to Ken Rukavina, PE, Director of
Community Development at krukavina@rpvca.gov no later than the stipulated
deadline for proposal submission.
3. The proposing firm shall submit the following information with the package,
including the same information for subcontractors, in the following format:
a) Cover Letter: Provide the name, address, and phone number of the firm;
the present staff (size, classification, credentials); the primary contact’s
name, phone number, and email address; any qualifying statements or
comments regarding the proposal; and identification of any sub-consultants
and their responsibilities. Identify the firm’s type of organization (individual,
partnership, corporation), including names and contact information for all
officers, and proof that the organization is currently in good standing. The
signed letter should also include a paragraph stating that the firm is unaware
of any conflict of interest in performing the proposed work. (No more than
two pages)
b) Approach to Scope of Services: Re-state the Scope of Services with any
additions, expansions, clarifications, or modifications that the firm proposes
to provide the services and produce the deliverables contained in this RFP.
Describe how completing the Scope of Services will be approached and any
cost-saving or value-adding strategies or innovations the firm will bring to
the project. (Pages as needed)
c) Organization and Staffing: Identify the person who will be the Project
Manager and primary contact person responsible for the overall delivery of
the project. Provide an organizational chart of the project team that clearly
delineates communication and reporting relationships among the project
staff and among the sub-consultants involved in the project. Identify key
personnel to perform work in the various tasks and include major areas of
subcontracted work. Indicate the expected contributions of each staff
member in time as a percentage of the total effort. Indicate that the Project
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Manager and key staff will remain assigned to this project through
completion of the Scope of Services. (No more than two pages)
d) Staff Qualifications and Experience: Describe qualifications of the assigned
staff and sub-contractors including relevant technical experience. Staff
assigned to complete the Scope of Services must have previous experience
in providing the necessary services as described under the Scope of
Services. Description of consultant’s experience should include:
• Prior Experience: Demonstrate that the firm has significant experience
providing services similar to those described under the Scope of
Services. (No more than two page)
• Staff Qualifications: Provide resumes for the Project Manager and any
other key staff members to be assigned to contribute to the Scope of
Services, with an emphasis on similar services which they provided to
other agencies. (No more than ten pages)
• Reference Projects: Include at least three projects with similar scope of
services performed by the project team (excluding subconsultants)
within the past three years and indicate the specific responsibilities of
each team member on the reference project. Provide contact
information for each client. (No more than ten pages)
e) Project Cost: Compensation will be based on a time and materials basis for
each separate permit application. Provide cost estimate associated with a
typical residential plan check as well as hourly costs for the listed additional
as-needed support services (inspection, code enforcement, building official,
permit technician). Also, include a schedule of compensation for the various
classifications required for the requested services.
f) Quality Control Plan: Describe the quality control procedures and
associated staff responsibilities which will ensure that the deliverables will
meet the City’s needs. (No more than one page)
g) Acceptance of Conditions: State the offering firm’s acceptance of all
conditions listed in the Request for Proposal (RFP) document and Sample
Professional Services Agreement (Attachment A). Any exceptions or
suggested changes to the RFP or Professional Services Agreement (PSA),
including the suggested change, the reasons therefore and the impact it
may have on cost or other considerations on the firm’s behalf must be stated
in the proposal. Unless specifically noted by the firm, the City will rely on the
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Building and Safety Services
March 25, 2022
proposal being in compliance with all aspects of the RFP and in agreement
with all provisions of the PSA. (No more than one page)
Any additional information that the proposer wishes to submit may be attached in the form
of appendices. All proposals shall state that the proposal shall remain valid for a period
not less than ninety (90) days from the date of submittal.
VII. Submission of Proposal
A. Requests for Clarification
Requests for clarification of the information contained herein shall be
submitted in writing prior to 5:00 pm on April 11, 2022. Responses to any
clarification question will be provided to each firm from which proposals
have been requested.
B. Confirmation Email
Upon submission of proposal to the City, the proposing firm shall request
an email confirmation that the proposal was received and retain the email
as a record. If an email confirmation is not received, the proposing firm shall
correspond with the City until a confirmation is received.
VIII. EVALUATIONS AND SELECTION PROCESS
1. Proposals will be evaluated based on the following criteria:
a) Approach to Scope of Services (25%)
• Understanding of the Scope of Services as demonstrated by the
thoroughness of the proposal, introduction of cost-saving or value-
adding strategies or innovations (including those applying to overall
project schedule), and an overall approach most likely to result in the
desired outcome for the City.
b) Proposal Schedule and Costs (25%)
• Ability to complete the work in the shortest schedule possible
(excluding time for review and community meetings) and within the
allotted budget of the City.
c) Staff Qualifications and Experience (25%)
• Relevance of experience of the proposing firm (to provide support
resources to the project team)
• Relevance of experience and strength of qualifications of the Project
Manager
• Relevance of experience and strength of qualifications of the key
personnel performing the work
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• Relevance of referenced projects and client review of performance
during those projects
d) Organization and Staffing (15%)
• Availability of key staff to perform the services throughout the
duration of the project
• Assignment of appropriate staff in the right numbers to perform the
Scope of Services
• Appropriate communication and reporting relationships to meet the
City’s needs
e) Quality Control (10%)
• Adequate immediate supervision and review of staff performing the
work as well as appropriate independent peer review of the work by
qualified technical staff not otherwise involved in the project.
2. Selection Process
Department staff will review all proposals submitted and select the top
proposals. Staff will select the proposal, if any, which best fulfills the City’s
requirements. The City may negotiate the fee with that firm. The City
reserves the right to negotiate special requirements and proposed service
levels using the selected proposal as a basis. If the City is unable to
negotiate an agreeable fee for services with top firm, the City will negotiate
with the next firm chosen among the top firms.
3. Award Notification
The City will notify all proposers in writing of the outcome of the selection
process and intent to award. This RFP does not commit the City to award
an agreement, nor pay any costs incurred in the preparation and submission
of the proposal in anticipation of an agreement. The City reserves the right
to reject any or all proposals, or any part thereof, to waive any formalities or
informalities, and to award the agreement to the proposer deemed to be in
the best interest of the City and the Department.
4. Award of Agreement
The selected firm shall be required to enter into a written agreement (see
sample Professional Services Agreement in Attachment A) with the City, in
a form approved by the City Attorney, to perform the Scope of Services.
This RFP and the proposal, or any part thereof, may be incorporated into
and made a part of the final agreement; however, the City reserves the right
to further negotiate the terms and conditions of the agreement with the
selected consultant. The agreement will, in any event, include a maximum
"fixed cost" to the City.
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1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written Change Order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to 15% (fifteen percent)
of the Contract Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the
Contract Officer through a written Change Order. Any greater increases, taken either separately
or cumulatively, must be approved by the City Council. It is expressly understood by Consultant
that the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant
anticipates and that Consultant shall not be entitled to additional compensation therefor. City
may in its sole and absolute discretion have similar work done by other Consultants. No claims
for an increase in the Contract Sum or time for performance shall be valid unless the procedures
established in this Section are followed.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed $XXX (____________________ Dollars) (the “Contract
Sum”), unless additional compensation is approved pursuant to Section 1.9. Annual
compensation shall not exceed $___________ (_____________ Dollars).
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services; (iii)
payment for time and materials based upon the Consultant’s rates as specified in the Schedule of
Compensation, provided that (a) time estimates are provided for the performance of sub tasks,
and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the
Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice, using the City template,
or in a format acceptable to the City, for all work performed and expenses incurred during the
preceding month in a form approved by City’s Director of Finance. By submitting an invoice for
payment under this Agreement, Consultant is certifying compliance with all provisions of the
Agreement. The invoice shall detail charges for all necessary and actual expenses by the
following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-
contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant
shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within 45 (forty-five) days of receipt of Consultant’s correct and
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undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer through a Change
Order, but not exceeding 90 (ninety) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within 10 (ten) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement
pursuant to this Section.
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3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding
[INSERT PERFORMANCE PERIOD] from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit “D”). The City may, in its discretion, extend the Term by
[INSERT NUMBER OF EXTENSIONS IF APPLICABLE] additional [INSERT DURATION
OF EXTENSIONS IF APPLICABLE]-year terms.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only the personnel included in the Proposal to perform services pursuant to this Agreement.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
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any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be _____________________ or such person as may be
designated by the [DEPARTMENT HEAD]. It shall be the Consultant’s responsibility to assure
that the Contract Officer is kept informed of the progress of the performance of the services and
the Consultant shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer. The Contract Officer shall have authority, if specified in
writing by the City Manager, to sign all documents on behalf of the City required hereunder to
carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. In addition, neither this Agreement nor any interest herein
may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation
of law, whether for the benefit of creditors or otherwise, without the prior written approval of
City. Transfers restricted hereunder shall include the transfer to any person or group of persons
acting in concert of more 25% (twenty five percent) of the present ownership and/or control of
Consultant, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Consultant or any surety of Consultant of any liability
hereunder without the express consent of City.
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ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of
any services under this Agreement, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) 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.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
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approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or
be endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain and continuously maintain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
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requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. 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.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
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 and endorsements
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 consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. 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 90 (ninety) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
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(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or
indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
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services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant’s business,
custody of the books and records may be given to City, and access shall be provided by
Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Consultant, its employees, subcontractors and agents in the performance of this
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Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered “voluntary”
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is 15 (fifteen) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding
invoices during the period of default. If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under this Article. Any failure on the part of the City
to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s
legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
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provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of
termination, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation
or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the
event of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
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compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
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01203.0001/699503.1 EQG 19
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees,
incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in
the case of the Consultant, to the person(s) at the address designated on the execution page of
this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
72 (seventy two) hours from the time of mailing if mailed as provided in this section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
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01203.0001/699503.1 EQG 20
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
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01203.0001/699503.1 EQG 21
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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01203.0001/699503.1 EQG 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Eric Alegria, Mayor
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01203.0001/699503.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01203.0001/699503.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01203.0001/699503.1 EQG A-1
EXHIBIT “A”
SCOPE OF SERVICES
[ATTACH SCOPE OF SERVICES FROM PROPOSAL]
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01203.0001/699503.1 EQG B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
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01203.0001/699503.1 EQG C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
[INSERT COMPENSATION FROM PROPOSAL]
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01203.0001/699503.1 EQG D-1
EXHIBIT “D
[INSERT SCHEDULE OF PERFORMANCE FROM PROPOSAL]
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Page 1 of 2
COMMUNITY DEVELOPMENT DEPARTMENT
April 19, 2022
ADDENDUM NO. 1
TO THE REQUEST FOR PROPOSALS (RFP) FOR BUILDING AND SAFETY PLAN CHECK
AND INSPECTION SERVICES
The following changes (revisions, additions, and/or deletions) as noted below, are hereby
incorporated and made a part of the RFP for Building and Safety Plan Check and Inspection
Services. Portions of the RFP, not specifically mentioned in the Addendum, remain the same.
All trades affected shall be fully advised of these revisions, deletions, and additions.
This Addendum forms a part of the request for proposals for the RFP for Building and Safety
Plan Check and Inspection Services and modifies the original request for proposals.
Each proposer shall be responsible for ascertaining, prior to submitting a proposal, that it has
received all issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON
THE PROPOSER’S CERTIFICATION, attached. A proposer’s failure to address the
requirements of this addendum or failure to acknowledge the receipt of this addendum may
result in that proposal being rejected.
Note the following changes and/or additions to the RFP for Building and Safety Plan Check and
Inspection Services. The proposer shall execute the Certification at the end of this addendum
and shall attach all pages of this addendum to the proposal.
Delete: Attachment A
Replace with: Revised Attachment RA (Attached) to replace partial PSA with complete PSA
Revised RFP Submittal Date: The RFP submittal data is hereby revised to April 26, 2022
End of Addendum No. 1
Any questions regarding this Addendum should be directed to Ken Rukavina at
krukavina@rpvca.gov.
______________________________
Ken Rukavina, PE
Director of Community Development
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Page 2 of 2
PROPOSER'S CERTIFICATION
I acknowledge receipt of the foregoing Addendum No. 1 and accept all conditions
contained therein.
___________________________
Proposal’s Signature
___________________________ ____________________
By Date
Please sign above and include this signed addendum in the proposal package. Failure to do so may result in that proposal being rejected.
C-36
Attachment RA – Sample Professional Services Agreement
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01203.0001/699503.1 EQG 1
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
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01203.0001/699503.1 EQG
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and
entered into on , 2022 by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and , a [form of company]
(“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or
“Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the “Scope of Services”, as stated in the Proposal, attached
hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein
as the “services” or “work” hereunder. As a material inducement to the City entering into this
Agreement, Consultant represents and warrants that it has the qualifications, experience, and
facilities necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be both of good quality as well as fit for the purpose
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01203.0001/699503.1 EQG 2
intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean
those standards of practice recognized by one or more first-class firms performing similar work
under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal which shall be incorporated
herein by this reference as though fully set forth herein. In the event of any inconsistency
between the terms of such Proposal and this Agreement, the terms of this Agreement shall
govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and
any Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those
terms are defined in California Labor Code section 1720 et seq. and California Code of
Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more,
Consultant shall pay prevailing wages for such work and comply with the requirements in
California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws,
including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be
performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Consultant
acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem
wages, and Consultant shall post a copy of the same at each job site where work is performed
under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
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01203.0001/699503.1 EQG 3
Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of
its subconsultants shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each
worker employed in the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8
(eight) hours per day, and 40 (forty) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less than one
and 1½ (one and one half) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code
Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
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01203.0001/699503.1 EQG 4
Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Consultant shall be required to take all
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the Contract Officer in the form of a Change Order.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City’s own negligence.
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01203.0001/699503.1 EQG 5
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written Change Order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to 15% (fifteen percent)
of the Contract Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the
Contract Officer through a written Change Order. Any greater increases, taken either separately
or cumulatively, must be approved by the City Council. It is expressly understood by Consultant
that the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant
anticipates and that Consultant shall not be entitled to additional compensation therefor. City
may in its sole and absolute discretion have similar work done by other Consultants. No claims
for an increase in the Contract Sum or time for performance shall be valid unless the procedures
established in this Section are followed.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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01203.0001/699503.1 EQG 6
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed $XXX (____________________ Dollars) (the “Contract
Sum”), unless additional compensation is approved pursuant to Section 1.9. Annual
compensation shall not exceed $___________ (_____________ Dollars).
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services; (iii)
payment for time and materials based upon the Consultant’s rates as specified in the Schedule of
Compensation, provided that (a) time estimates are provided for the performance of sub tasks,
and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the
Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice, using the City template,
or in a format acceptable to the City, for all work performed and expenses incurred during the
preceding month in a form approved by City’s Director of Finance. By submitting an invoice for
payment under this Agreement, Consultant is certifying compliance with all provisions of the
Agreement. The invoice shall detail charges for all necessary and actual expenses by the
following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-
contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant
shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within 45 (forty-five) days of receipt of Consultant’s correct and
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undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer through a Change
Order, but not exceeding 90 (ninety) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within 10 (ten) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement
pursuant to this Section.
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3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding
[INSERT PERFORMANCE PERIOD] from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit “D”). The City may, in its discretion, extend the Term by
[INSERT NUMBER OF EXTENSIONS IF APPLICABLE] additional [INSERT DURATION
OF EXTENSIONS IF APPLICABLE]-year terms.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only the personnel included in the Proposal to perform services pursuant to this Agreement.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
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any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be _____________________ or such person as may be
designated by the [DEPARTMENT HEAD]. It shall be the Consultant’s responsibility to assure
that the Contract Officer is kept informed of the progress of the performance of the services and
the Consultant shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer. The Contract Officer shall have authority, if specified in
writing by the City Manager, to sign all documents on behalf of the City required hereunder to
carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. In addition, neither this Agreement nor any interest herein
may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation
of law, whether for the benefit of creditors or otherwise, without the prior written approval of
City. Transfers restricted hereunder shall include the transfer to any person or group of persons
acting in concert of more 25% (twenty five percent) of the present ownership and/or control of
Consultant, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Consultant or any surety of Consultant of any liability
hereunder without the express consent of City.
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ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of
any services under this Agreement, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) 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.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
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approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or
be endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain and continuously maintain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
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requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. 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.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
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 and endorsements
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 consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. 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 90 (ninety) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
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(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or
indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
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services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant’s business,
custody of the books and records may be given to City, and access shall be provided by
Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Consultant, its employees, subcontractors and agents in the performance of this
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Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered “voluntary”
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is 15 (fifteen) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding
invoices during the period of default. If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under this Article. Any failure on the part of the City
to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s
legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
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provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of
termination, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation
or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the
event of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
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compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
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8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees,
incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in
the case of the Consultant, to the person(s) at the address designated on the execution page of
this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
72 (seventy two) hours from the time of mailing if mailed as provided in this section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
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9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
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9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01203.0001/699503.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01203.0001/699503.1 EQG A-1
EXHIBIT “A”
SCOPE OF SERVICES
[ATTACH SCOPE OF SERVICES FROM PROPOSAL]
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01203.0001/699503.1 EQG B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
[INSERT COMPENSATION FROM PROPOSAL]
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EXHIBIT “D
[INSERT SCHEDULE OF PERFORMANCE FROM PROPOSAL]
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