CC SR 20230502 H - Transtech Traffic Admin Support
CITY COUNCIL MEETING DATE: 05/02/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a professional services agreement to
Transtech Engineering, Inc. for City-wide traffic project management services.
RECOMMENDED COUNCIL ACTION:
(1) Award a professional services agreement to Transtech Engineering, Inc. for City-
wide traffic project management, review, administration, and support services in
the amount of $150,000 until June 30, 2024; and
(2) Authorize the Mayor and City Clerk to execute the agreement in a form approved
by the City Attorney.
FISCAL IMPACT: The recommended Council action will result in an expenditure of up
to $150,000 which is included in the Fiscal Year 2022-23 operating budget under
professional services. The cost for the proposed professional services will be offset by
salary savings from positions not filled within the Department of Public Works.
Amount Budgeted: $75,000
Additional Appropriation: N/A
Account Number(s): 101-400-3120-5101 (General Fund – Traffic Management/Professional Services)
ORIGINATED BY: Lincoln Lo, Public Works Deputy Director
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manage r
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement with Transtech Engineering, Inc. (page
A-1)
B. Proposal from Transtech Engineering, Inc. (page B-1)
BACKGROUND AND DISCUSSION:
The Department of Public Works receives inquires and requests on traffic related
concerns from constituents on a regular basis. Each inquiry and request is given the
attention and care that residents expect from the Public Works Department, which
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requires significant Staff time. As the pandemic has come to an end, the number of traffic
related concerns appears to be increasing - particularly as it relates to speeding. The
increase in traffic concerns reported by the community, coupled with the Department of
Public Works’ vacancies, especially among engineers with a background in traffic
engineering, has resulted in a large backlog of traffic analyses and studies. Staff is looking
for external resources to help manage the process and to respond to the community’s
concerns in a timely manner.
The Department of Public Works contracts with on-call traffic engineering consultants to
provide technical traffic analyses and studies. However, in addition to the technical
support, a significant amount of Staff time is needed to take in requests, obtain relevant
information, prioritize studies, provide quality assurance on findings, evaluate
recommendations for suitability to the specific nuances of the City, and collect community
input. Additionally, significant Staff time is needed to coordinate, prepare, and present
findings and recommendations to neighborhoods, the Traffic Safety Committee, and the
City Council.
The proposed professional services agreement for traffic project management, review
administration, and support services is intended to provide additional resources at this
time to the Public Works Department for the work described above, in lieu of Staff. The
consultant will process and manage the work, guiding traffic analyses and studies through
the various layers of review so that counter measures can ultimately be implemented.
Staff requested proposals for the services described above from five consultants that are
currently under contract by the City for project management and/or transportation and
traffic engineering services; those consultants are:
1. Michael Baker International (MBI)
2. Kittelson
3. Linscott Law and Greenspan
4. Transtech Engineering, Inc. (Transtech)
5. HR Green
Three of the firms declined to provide proposals because they did not have enough
employees qualified to provide the requested services. Proposals were received from two
firms, MBI and Transtech. Staff evaluated the proposals and found Transtech to be most
qualified based on their proposed personnel’s experience in providing similar traffic
services to other cities in the region, and their local presence to support any in person
site visits or meetings.
Staff then negotiated with Transtech for a fee proposal and refined scope (Attachment B).
Attached for City Council consideration is the resultant professional services agreement
with Transtech (Attachment A).
The services in the scope of this agreement will begin in May 2023 and are expected to
conclude on June 30, 2024, by then the Public Works Department expects to have higher
staffing levels.
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CONCLUSION:
Staff recommends awarding a professional services agreement (Attachment A) to
Transtech for City-wide traffic project management, review, administration, and support
services in the amount of $150,000. The cost for the proposed professional services will
be offset by salary savings from positions not filled within the Department of Public Works.
ALTERNATIVES:
In addition to Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not award a professional services agreement to Transtech Engineering, Inc.
and direct Staff to solicit additional proposals;
2. Take other action, as deemed appropriate.
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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 2, 2023 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 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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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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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 $150,000 (One Hundred Fifty Thousand Dollars) (the
“Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation.
(a) 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.
(b) A retention of 10% shall be held from each payment as a contract retention to be
paid as part of the final payment upon satisfactory and timely completion of services. This
retention shall not apply for on-call agreements for continuous services or for agreements for
scheduled routine maintenance of City property or City facilities.
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.
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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
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 60 (sixty) 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
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this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement
pursuant to this Section.
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 to exceed June 30,
2024, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may,
in its discretion, extend the Term by one (1) additional 1-year term.
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:
Ali Cavir President
(Name) (Title)
Sybil Cavir Corporate Secretary
(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
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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
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 Lincoln Lo, Deputy Director of Public Works, or such
person as he may designate. 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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DocuSign Envelope ID: AF84D934-3CB7-48B7-997C-6A9355305A1B
01203.0006/873650.4 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
Barbara Ferraro, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
TRANSTECH ENGINEERS, INC., a California
corporation
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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DocuSign Envelope ID: AF84D934-3CB7-48B7-997C-6A9355305A1B
Secretary
Sybil Cayir
13367 Benson Ave , Chino
Ali Cayir
Oresident
01203.0006/873650.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 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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DocuSign Envelope ID: AF84D934-3CB7-48B7-997C-6A9355305A1B
01203.0006/873650.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 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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01203.0006/873650.4 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform project management, review, administration, and support
services to track, manage, and respond to traffic related inquires that the City receives
from community members such as residents, businesses, city officials, schools, and
others. The consultant will manage and log traffic related inquires received, coordinate
traffic analyses with the City’s on-call traffic engineers under separate contracts, serve as
the liaison of the City with the community members, and perform other related project
management, administration, and support services as may be needed by the City.
Consultant will set up a designated email address where the City shall send all inquiries.
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A. Traffic inquiry logs.
B. Staff reports for City Council, Traffic Safety Committee, and others as needed.
C. Memorandums to respond to traffic related inquiries.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering the
following status reports: NOT APPLICABLE
IV. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Traffic Analyst: Nicole Robbins
B. Associate Engineer: Brian Cervantes
C. Project Manager: Jana Robbins
D. Other personnel as needed with approval from Contract Officer
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01203.0006/873650.4 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
I. Section 1.1, Scope of Services, is amended to read:
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 intendedin conformance with such standards. For purposes of this Agreement,
the phrase “highest professional standards” shall mean those standards of practice
recognized by one or more first-classprofessional firms performing similar work under
similar circumstances.
II. The first paragraph of Section 1.4, California Labor Law, is amended to read:
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, to the extent applicable, 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, which may includeing the following
requirements:
III. Section 1.6, Familiarity with Work, is amended to read:
By executing this Agreement, Consultant warrantsrepresents 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
visible conditions there existing, prior to commencement of services hereunder. Should
the Consultant discover any latent or unknown conditions, which will materially affect
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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.
IV. Section 1.7, Care of Work, is amended to read:
The Consultant shall adopt reasonable methods during the life of the Agreement
to furnish continuous protection to the work, and the Consultant’s (and subconsultants’,
if applicable) 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.
V. The following is added to Section 5.3, Indemnification:
(d) Notwithstanding the foregoing, with respect to any claims or
liabilities related to Consultant’s “design professional services” as defined in Civil
Code Section 2782.8, Consultant shall indemnify and hold harmless the Indemnified
Parties to the extent such claims or liabilities arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of Consultant. Consultant shall not
have an upfront duty to defend the Indemnified Parties from such claims or liabilities
but shall reimburse reasonable defense fees and costs to the extent they are determined
to have been caused by the negligence, recklessness or willful misconduct of
Consultant, or as the parties otherwise agree in settlement. In no event shall the cost to
defend charged to the Consultant under this paragraph exceed the Consultant’s
proportionate percentage of fault.
VI. Section 6.3, Ownership of Documents, is amended to read:
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 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 warrantiesresponsibility 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
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defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works
made for hire” for the City.
VII. Section 8.1, Non-liability of City Officers and Employees, is amended to read:
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.
Similarly, it is intended that the Consultant’s services in connection with this
Agreement shall not subject the Consultant’s individual employees, officers or
directors to any personal legal exposure for the risks associated with this Agreement.
Therefore, and notwithstanding anything to the contrary contained herein, the City
agrees that as the sole and exclusive remedy against the Consultant for any claim,
demand or suit shall be directed and/or asserted only against the Consultant, the
business entity to this Agreement, and not against any of the Consultant’s individual
shareholders, members, employees, officers or directors, except for acts of fraud or
willful misconduct or as otherwise prohibited by law.
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01203.0006/873650.4 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates on a time and
materials basis:
RATE TIME SUB-BUDGET
A. Project Manager $165/hr 90 hrs $14,850.00
B. Traffic Analyst $135/hr 500 hrs $67,500.00
C. Associate Engineer $135/hr 500 hrs $67,500.00
II. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.9.
III. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
E. Table showing current invoiced amount, invoiced amount to date, and remaining
amount for each line item including the rate, time, and sub-budget.
IV. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. NOT
APPLICABLE
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EXHIBIT “D
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely as requested by the City’s Contract
Officer.
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
See Exhibit A, Section II.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2. Any further extensions require City Council approval.
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DocuSign Envelope ID: AF84D934-3CB7-48B7-997C-6A9355305A1B
www.transtech.org
855.595.2495 (toll-free)
Transtech Proposal for Traffic Engineering Administrative Services for the City of Rancho Palos Verdes
March 24, 2023
City of Rancho Palos Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attn.: Lincoln Lo, P.E., CCM, LEED AP, ENV-SP, Public Works Deputy
Directorllo@rpvca.gov
(310) 544-5335
Transtech Proposal for Traffic Engineering Administrative Services for the City of Rancho Palos Verdes
Dear Mr. Lo,
Transtech is pleased to submit this proposal for the subject services. Transtech has a large pool of in-house
staff readily available to provide services for a variety of different types of projects and city needs. Please
refer to the below individuals and their corresponding resumes. Please refer to Exhibit A for Full Resumes.
Scope of Work: It is our understanding that the City requests administrative support for Traffic related inquires
that come in to the City from community members such as residents, businesses, city officials, schools, and
others. Transtech’s role for this project will be to manage and log traffic related inquires that the City receives.
This will include serving as the liaison of the City with the community members. The City currently has a
separate traffic consultant to provide the technical reports and responses. Transtech will set up a designated
email address where all logs can be sent to.
Cost Proposal: The proposed staff are highly qualified team members with extensive experience in managing
several of our client city’s traffic requests and serve in the capacity of Traffic Analyst and Associate Engineer
– both involved in the technical preparation of our traffic related studies and reports. To show our continued
commitment to the City, we propose a discounted rate for both Nicole Robbins and Brian Cervantes at
$135/hr which is our billing rate for contract administrative support staff. We have equivalent team members
with similar experience who may also be involved if needed. Please refer to Exhibit B.
Not-to-Exceed and Contract Term: The services will be billed at the above hourly rate on time and material
(T&M) with a Not-to-Exceed amount of $150,000, with service terms through June 30, 2024. Please refer to
Exhibit B.
Both of the lead proposed staff members have extensive experience in customer service and interacting with
Public Officials and community stakeholders including with residents, businesses, city officials, schools, and
others. They both serve as a liaison between Transtech, our clients cities, and community members. They both
also have experience interacting with City Officials at all levels.
Nicole Robbins, Traffic Analyst: Ms. Robbins works in our Traffic Engineering and Transportation Planning
Department at Transtech. She currently provides support to Transtech’s client cities in Traffic
Engineering and Transportation Planning. Ms. Robbins is one of our lead Traffic Analysts and
is in constant interaction with City Officials and residents which makes her the liaison
between Transtech, our clients cities, and the residents. She communicates with them via
email and phone. Ms. Robbins manages all of the traffic related inquires that come from
residents and businesses to the City and communicates with the applicants about the status
of their request. This includes management of our Traffic Department’s comprehensive traffic
task log. She manages the tasks and oversees traffic projects for over 10 client cities. She also
assigns the tasks and reports based on the type of request to the various departments and team members
at Transtech. Please refer to Exhibit A for a detailed resume.
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Transtech Proposal | Page 2 of 10
Transtech Proposal for Traffic Engineering Administrative Services for the City of Rancho Palos Verdes
Brian Cervantes, Associate Engineer: Mr. Cervantes works in our Public Works, City Engineering and Traffic
Engineering Departments at Transtech’s client Cities assisting City Engineers and Public Works
Directors. He also serves as Office Engineer on construction projects and assists Resident
Engineers and Construction Managers with contract administration, document control,
contract compliance. Mr. Cervantes as extensive experience in customer service and
interacting with Public Officials and community stakeholders, including with residents and
businesses. He serves as a liaison between Transtech, our clients cities, and community
stakeholders. He also manages the public works permit counter and in permit issuance and
public works inspection for Transtech’s client cities. Mr. Cervantes also assist s in preparation
and field review for Traffic Engineering requests that we receive from client cities. He assists in the preparation
of staff reports, reviews of traffic reports, preparation of exhibits, bid analysis, traffic safety and calming
studies/reports, traffic impact studies. Please refer to Exhibit A for a detailed resume.
Additional Support Staff and Senior Level Staff:
Jana Robbins, RSP, PTP, will serve as the Project Manager and provide overall management oversight, QC/QA
as the project principal. Her regular billing rate is $195. To show our continued commitment to the City, we
propose a discounted rate at $165/hr.
JANA ROBBINS, PTP, RSP, Director of Traffic Engineering and Transportation Planning : Ms. Robbins has over 30
years of experience in the field of traffic and transportat ion engineering and planning. Ms.
Robbins serves as the Transtech representative for Traffic Engineering Services at various
Cities, prepares traffic safety and calming studies, stop and signal warrants/studies, traffic
impact studies, traffic calming reports, parking studies, responds to requests from Public and
City Officials and attends Traffic Commission, Planning Commission, City Council Meetings
as well as Design Review Board meetings. On behalf of client Cities, she reviews traffic
impact studies and parking analysis submitted by developers, and represents contract Cities
at Commission meetings when these projects are reviewed. She works directly with staff in
the departments of public works, planning, engineering and community development at
each client city. She also contacts, meets with residents representing city staff in assisting in the resolution of
local traffic problems and concerns. After meeting with residents, she prepares and presents reports and
recommendations to various city staff and agencies. She has also attended community forums and
neighborhood block meetings to discuss and answer questions about current and future traffic conditions.
She also prepares traffic impact studies for development projects in Southern California, whic h involves the
coordination with developers, as well as local and regional agencies. She has developed traffic models and
performed impact analyses utilizing state-of-the-art software. Please refer to Exhibit A for a detailed resume.
We thank you for the opportunity to submit this proposal. Should you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Melissa Demirci, RSP
Principal, Municipal Services Contract Manager,
E: melissa.demirci@@transtech.org
C: 714-598-8896
Transtech.org
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Transtech Proposal for Traffic Engineering Administrative Services for the City of Rancho Palos Verdes
Exhibit A – Resumes
NICOLE ROBBINS, MBA, TRAFFIC ANALYST
Education
• MBA, Strategic
Innovation, Ottawa
University
• B.A. Marketing, Ottawa
University
• A.S. Business
Administration, Rio Hondo
College
• Phi Kappa Phi Honor
Society
Highlights
• Team player
• Organized, Self-starter,
multitasker
• Strong Communication
and collaboration skills
Ms. Robbins works in our Traffic Engineering and Transportation Planning
Depatrment. She currently provides support to Transtech’s client cities in Traffic
Engineering and Transportation Planning. Ms. Robbins is one of our lead Traffic
Analysts and is in constant interaction with city officials and residents which makes
her the Liaison between Transtech, our clients cities, and the residents. She
communicates with them via email and phone.
Ms. Robbins manages all of the traffic related inquires that come from residents
and businesses to the City and communicates with the applicants about the status
of their request. This includes management of our Traffic Department’s
comprehensive traffic task log. She manages the tasks and oversees traffic projects
for over 10 client cities. She also assigns the tasks and reports based on the type of
request to the various departments and team members at Transtech.
Ms. Robbins also assists in the preparation of staff reports, reviews of traffic reports,
preparation of exhibits, bid analysis, traffic safety and calming studies/reports,
traffic impact studies, and responding to requests from Public and City Officials.
Prior to joining Transtech, Ms. Robbins worked in higher education and
administration.
Below is a List of Cities Ms. Robbins works with:
• City of West Covina
• City of Rosemead
• City of South El Monte
• City of Moreno Valley
• City of Temple City
• City of Alhambra
• City of Lynwood
• City of Monterey Park
• City of San Marino
• City of Pico Rivera
• City of Rialto
• City of Maywood
• City of Palm Desert
SKILLS:
• Microsoft Suite (Excel, Word, Outlook, PowerPoint)
• SharePoint
• Crossroads Software
• Accela Automation System (Transportation Reviews (data entry) for City of
Moreno Valley)
• Technical Writing and Written Communication
• Interpersonal Communication
Her experience includes the following:
• Liaison between city residents and city employees
• Managing comprehensive traffic task logs for multiple client cities
• Reviewing traffic reports and exhibits
• Administrative duties – opening Job Numbers, assigning tasks, etc.
• Drafting of staff reports, city agendas, and PowerPoint presentations
• Manage incoming and outgoing traffic related tasks for all cities
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Transtech Proposal for Traffic Engineering Administrative Services for the City of Rancho Palos Verdes
• Gathering and managing base data for traffic analysis (ADT, Peak Hour,
and Speed Surveys)
• Data input Preparation of technical traffic reviews and reports.
• Use of google earth to prepare diagrams and exhibits.
• Preparation of conceptual exhibits and installation exhibits for public works
projects.
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Transtech Proposal | Page 5 of 10
Transtech Proposal for Traffic Engineering Administrative Services for the City of Rancho Palos Verdes
BRIAN CERVANTES, Associate Engineer
EDUCATION
• B.S Civil Engineering, Cal
Poly Pomona
• MBA, Cal Poly Pomona
(currently enrolled)
HIGHLIGHTS:
• Completed Caltrans
Resident Engineer
Academy, very familiar
with the management
and administration of
federally funded projects
in compliance with
Caltrans Local Assistance
Procedures Manual
(LAPM).
• Organized, Self-starter,
multitasker
• Strong Communication
and collaboration skills
• Cal OSHA 10-hour
construction certified
Mr. Cervantes works in our Public Works, City Engineering and Traffic Engineering
Departments at Transtech’s client Cities assisting City Engineers and Public Works
Directors. He also serves as Office Engineer on construction projects and assists
Resident Engineers and Construction Managers with contract administration,
document control, contract compliance.
Mr. Cervantes as extensive experience in customer service and interacting with
Public Officials and community stakeholders, including with residents and
businesses. He serves as a liaison between Transtech, our clients cities, and
community stakeholders.
He also manages the public works permit counter and in permit issuance and
public works inspection for Transtech’s client cities. Mr. Cervantes also assist in
preparation and field review for Traffic Engineering requests that we receive
from client cities. He assists in the preparation of staff reports, reviews of traffic
reports, preparation of exhibits, bid analysis, traffic safety and calming
studies/reports, traffic impact studies.
He provides support to City Engineers and Public Works Directors in various tasks,
including but not limited to:
• Project management and coordination support.
• Following on the progress and status of projects.
• Assistance in preparing Staff Reports and Presentations for Council
Meetings, Commission Meetings, and Ad-Hoc Committees.
• Responding to questions re projects.
• Assisting in following up with METRO and other funding agencies for outside
funded projects.
• Assisting in preparing funding documents.
• Assisting in processing contracts.
• Assisting in in processing invoices for payment.
• Assisting in traffic related questions and conducting field reviews.
• Assisting in preparing Requests for Qualifications and Proposals (RFQ’s and
RFP’s) to hire consultants and outside contractors to perform services for City
projects.
• Assisting on coordination for projects and issues with other departments.
• Responding to inquiries and requests for information from the general
public, contractors, and other agencies.
• Preparing memos, letters, and field reports in the course of performing work.
• Reviewing consultants'/contractors' invoices.
• Assisting in bid advertisements, attending pre-bid conferences with
contractors and consultants on Projects.
Mr. Cervantes completed Caltrans Resident Engineer Academy, very familiar
with the management and administration of federally and state funded projects
in compliance with Caltrans Local Assistance Procedures Manual (LAPM).
Following are various examples of projects and assignments (under Transtech’s
Municipal Engineering Contracts) representative of his experience:
• City of West Covina, Public Works Encroachment Permits & Inspections:
Provided public works permit issuance and assistance to PW inspectors in
performing inspections for various public works projects.
• City of Temple City, Public Works Encroachment Permits & Inspections:
Provided public works permit issuance and assistance to PW inspectors in
performing inspections for various public works projects.
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Transtech Proposal for Traffic Engineering Administrative Services for the City of Rancho Palos Verdes
• City of Temple City, Primrose Park Improvements: Provided office engineer
and support to construction manager. Project included parks renovation,
grading, drainage, electrical, installation of park equipment. Project cost:
$3.5m.
• City of West Covina, FY 2021-22 Pavement Rehabilitation Project, Associate
Engineer/Office Engineer: Project involved pavement rehabilitation at various
streets, signage and striping. Cost: $2.0m
• City of West Covina, Citywide Pedestrian Safety Improvements, Associate
Engineer/Office Engineer: Project involved pedestrian safety improvements
including flashing signs, striping and related improvements at various locations
citywide. Cost: $0.7m.
• City of West Covina, Traffic Signal Modifications at Cameron and Barranca,
Associate Engineer/Office Engineer: Project involved traffic signal
modifications including pedestrian accessibility improvements. Cost: $0.7m.
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Transtech Proposal for Traffic Engineering Administrative Services for the City of Rancho Palos Verdes
JANA ROBBINS, PTP, RSP, Director of Traffic Engineering and Transportation Planning
EDUCATION
• Business Administration,
California State
Polytechnic University
• Classes and Seminars
Through ITE Professional
Development
• Traffic Operations Studies
• Traffic Safety
• Traffic Control Devices
• Elements of Design
• Transportation
Management
REGISTRATION
• Professional Transportation
Planner (PTP) #479
ITE Member
EXPERIENCE HIGHLIGHTS
• 30 years of experience.
• Serves as Transtech
representative for Traffic
Engineering Services at
various Cities.
• Extensive experience in
preparing traffic safety
and calming studies, stop
and signal warrants/studies
and traffic impact studies
and parking analysis
• Extensive experience in
handling requests from
Ms. Robbins has over 30 years of experience in the field of traffic and
transportation engineering and planning. Ms. Robbins serves as the Transtech
representative for Traffic Engineering Services at various Cities, prepares traffic
safety and calming studies, stop and signal warrants/studies, traffic impact
studies, traffic calming reports, parking studies, responds to requests from Public
and City Officials and attends Traffic Commission, Planning Commission, City
Council Meetings as well as Design Review Board meetings. On behalf of client
Cities, she reviews traffic impact studies and parking analysis submitted by
developers, and represents contract Cities at Commission meetings when these
projects are reviewed. She works directly with staff in the departments of public
works, planning, engineering and community development at each client city.
She also contacts, meets with residents representing city staff in assisting in the
resolution of local traffic problems and concerns. After meeting with residents,
she prepares and presents reports and recommendations to various city staff
and agencies. She has also attended community forums and neighborhood
block meetings to discuss and answer questions about current and future traffic
conditions. She also prepares traffic impact studies for development projects in
Southern California, which involves the coordination with developers, as well as
local and regional agencies. She has developed traffic models and performed
impact analyses utilizing state-of-the-art software.
Her project experience includes:
• City of Alhambra, Contract Traffic Engineering Support: As part of
Transtech’s Municipal Services Contract, Ms. Robbins serves as the
Transtech representative for Traffic Engineering Services. In this capacity she
prepares traffic safety and calming studies, stop and signal
warrants/studies, traffic impact studies, responds to City requests, citizen
complaints and attends Traffic Commission meetings. She also reviews
traffic impact studies submitted by developers, provides traffic study
guidelines (scoping) to consultants preparing TIA’s and represents the City
at planning commission and council meetings when these projects are
reviewed and presented. Part of her duties also includes assessing safety for
pedestrians, buses and bicycles by reviewing master plans completed for
transit and bicycles as well as safe walk to school routes.
• City of Commerce, City of Monterey Park and City of Temple City; Contract
Traffic Engineering Support: As part of Transtech’s Municipal Services
Contract, Ms. Robbins serves as the Transtech representative for Traffic
Engineering Services. In this capacity she assists the City Engineer with traffic
safety requests, reviews and prepares traffic scoping documents for new
developments, reviews traffic impact studies submitted by consultants to
the City and provides comments for areas of concern as the Cities
representative. She also attends meetings with potential developers,
development services department and engineering staff representing
traffic engineering.
• Preparation of Traffic Impact Studies (TIA): These studies are prepared to
assess transportation impacts of proposed developments and to determine
the changes in traffic and traffic control devices that will be needed in the
future with the added development or land use change. The preparation
of TIA’s includes; Identification of impact mitigation plans, coordination with
City or agency planning and traffic engineering departments. This includes
the supervision of field technicians and in the field collection of traffic
related data, preparing a local traffic model, conducting a level of service
analysis at each study intersection and street segment, identification of
mitigation measures and report preparation. Some sample project’s that
Ms. Robbins has been responsible for preparing include:
o University of Riverside – West Campus Study
o Cal State San Bernardino – Campus Expansion Project
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Transtech Proposal | Page 8 of 10
Transtech Proposal for Traffic Engineering Administrative Services for the City of Rancho Palos Verdes
Public and City Officials.
• Extensive experience in
presenting projects at
Traffic and Transportation
Commission, Planning and
Council meetings.
o Industry East - Development of 6 Million Square Foot Industrial Park for
the City of Industry
o Arrowhead Springs Specific Plan TIA
o Private Development Projects TIA’s:
- Shandin Hills – 250 Single Family Housing Tract in San Bernardino
- GFR Housing – 160 Single Family Housing Tract in San Bernardino
- Apple Valley Plaza – Shopping Center with Movie Theater in Apple
Valley – Parking Occupancy and TIA
- Big Bear Plaza – Shopping Center in Big Bear Lake
- Quartz Hill – Shopping Center and Housing in Quartz Hill LA County
- Baker – Carl’s Junior fast food in Baker CA
- East Valley Water District – Corporate Yard in San Bernardino
- Laguna Beach Corporate Yard – City of Laguna Beach
- City of Industry – MRF facility, Park and Ride
- City of Montebello – Park and Ride
- El Segundo Self Storage in El Segundo
- Loma Linda Housing in Loma Linda
- Queen of Angels Church – Riverside
- Condo Development project – San Gabriel
- City of Palmdale – Residential Mixed Use TIA
- City of Corona – Commercial Center, Industrial Center
- City of Anaheim – Car Wash, Gas Station and Market
- City of Chino – Andy’s Burgers
o Traffic Impact Reports for Master Plans and Specific Plans for City
Clients:
- Master Plan of City of San Juan Capistrano Downtown Area
o CMP Traffic Monitoring Program:
- City of Alhambra
- City of Inglewood
- City of Compton
- City of Temple City
- City of Huntington Park
• Engineering and Radar Speed Survey for Various Cities: This task included
the radar field survey, field observations, and calculation of 85th percentile
speeds, preparation of overall city maps and preparation of final report.
Various Cities some of which include:
- City of Inglewood
- City of Long Beach
- City of Alhambra
- City of Lynwood
- City of Upland
- City of Bell
- City of Hacienda Heights
- City of Commerce
- City of Malibu
- City of Santa Monica
- City of Culver City
Jana is Certified Radar Technician by the Rio Hondo Police Department
• School Site Review: This task includes the observation and analysis of school
sites as related to traffic and safety. This includes suggesting drop off/pick
up procedures for parents and buses, driveway assessment and signage,
field review of existing signing, striping, school drop off, pick up, school
crosswalks, sidewalks, crossing guard locations and the identification of
future measures that will improve the traffic safety. Some schools included:
- Ganesha Elementary in Pomona
- Emery Elementary in Alhambra
- Montvue Elementary- Pomona Unified School District
- Alhambra High School in Alhambra
- Mark Keppel High School in Alhambra
- Benton Middle School- La Mirada School District
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Transtech Proposal | Page 9 of 10
Transtech Proposal for Traffic Engineering Administrative Services for the City of Rancho Palos Verdes
- City of Alhambra – City-wide as needed
- City of Temple City –6 schools for funding and City-wide as needed
- City of Huntington Park – City-wide as needed
- City of Torrance – 32 schools SRTS assessment
- City of Commerce – 4 schools
- City of Baldwin Park – 12 schools
- City of Rosemead – 3 schools
• General Plan Updates, Circulation Elements and TIA: Preparation of
circulation element and TIA for the City’s General Plan update.
Identification of impact mitigation plans, coordination with the City
planning and traffic engineering department and Caltrans. This included
the supervision of field data, traffic modeling, level of service analysis,
identification of mitigation measures and report preparation.
- City of San Bernardino
- City of Calimesa
• Parking Occupancy Studies for Various Cities and Developers: This task
included conducting existing inventory counts in the field and developing
future demand for parking models, preparing shared parking analysis,
preparing parking variance reports for developments, accu mulation and
generation reports. Reports have been prepared for a variety of
developers for shared parking or variance needs or for traffic calming
needs in housing tracts. Sample projects include: City Lawndale – entire City
to assess the probability of a residential permit district; City of Inglewood for
deficient parking in residential areas; Apple Valley Plaza for parking
variance, City of Alhambra for public parking structures, Huntington Park
general on-street parking occupancy and parking policy, and various
private developments to look at parking occupancy and demand.
• Specialty Studies: Travel Time and Delay, License Plate Studies, Pedestrian
Movement Studies, Bicycle Usage Studies, Truck Movement Studies, On
Street Parking Assessment in Commercial Districts, Assessment of Cut-Thru
Traffic for various Agencies and Private Developers.
• Preparation of the Traffic Portion of HSIP, SR2S, TIGER Grants and CALL for
Projects Funding Applications and PSRE documents: Following is a list of
successful grant applications:
- City of Alhambra – Valley Blvd Median Projects, Pedestrian Safety Grants
- City of Huntington Park – ATP 2 and ATP 3
- City of Cudahy – ATP 3 and HSIP
- City of Inglewood – Crenshaw S Curve Project, Century Blvd Gateway
Project
- City of Carson – Avalon Freeway Ramp Improvements
- City of Commerce – Washington Blvd Improvements, Atlantic Blvd Goods
Movement
- City of Hermosa Beach – Traffic Signal Upgrades
- City of Bellflower – Bellflower Blvd Traffic Calming Measures
- City of Temple City – Safe Route to School, Bike Route Plans, HSIP
As a Traffic consultant Ms. Robbins is called upon to complete a variety of traffic
reports and research interacting with developers, community members,
architects, Cities Public Works Departments, City Community De velopment
Departments, Planning Departments, Counties Public Works, Traffic and
Lighting, Regional Planning and Caltrans at local and regional levels. Some of
the Traffic Manuals and reference materials that Ms. Robbins works with on a
daily basis include:
• ITE Trip Generation Manual
• California Edition Manual of Uniform Traffic Control Devices
(CAMUTCD)
• A Policy on Geometric Design of Highways and Streets (AASHTO)
• Highway Capacity Manual (HCM)
California Vehicle Code (CVC)
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Transtech Proposal | Page 10 of 10
Transtech Proposal for Traffic Engineering Administrative Services for the City of Rancho Palos Verdes
Exhibit B – Compensation Schedule
Compensation Schedule
Title Hourly Rate
Project Manager $165
Traffic Analyst $135
Associate Engineer $135
Not-to-Exceed: The services will be billed at the above hourly rate on time and material (T&M) with a Not-
to-Exceed amount of $150,000.
Contract Term: The service term will be through June 30, 2024.
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