CC SR 20240702 I - Public Works Permit Review
CITY COUNCIL MEETING DATE: 07/02/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award professional services agreements to
Transtech Engineers, Inc. for public works permitting, plan review, and related services.
RECOMMENDED COUNCIL ACTION:
(1) Award a professional services agreement (PSA) to Transtech Engineers, Inc. for
public works permitting, plan review, and related services in the amount of up to
$475,000 plus a 15% contingency for a three-year term, with an optional three-
year extension by mutual consent; and
(2) Authorize the Mayor to execute the agreement in a form approved by the City
Attorney.
FISCAL IMPACT: The recommended Council action will have a fiscal impact of up to
$172,500 in Fiscal Year 2024-25, which is part of the approved
operating budget. The recommended Council action will have a
fiscal impact of up to $475,000 plus a 15% contingency over the
three-year term, which is subject to budget approvals in subsequent
years. The majority of costs, or approximately 80% are recovered
by permit fees. VR
Amount Budgeted: $172,500
Additional Appropriation: N/A
Account Number(s): 101-400-3110-5101
(General Fund-Administration-Prof/Tech) VR
ORIGINATED BY: Brandon Mesker, Associate Engineer
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement with Transtech Engineers, Inc. (page A-
1)
B. Proposal from Transtech Engineers, Inc. (page B-1)
C. Request for Proposal – Public Works Permit Review (page C-1)
1
BACKGROUND:
As a department in a contract city, the Public Works Department (Public Works) relies on
consultants to augment City Staff, including public works permit plan reviews, traffic
control plan reviews, and other related services. The current agreement for these services
is set to expire on June 30, 2024; however, the need for these services is ongoing. Thus,
the City Council is being asked to enter into a new PSA to provide Public Works permitting
and other services.
DISCUSSION:
On May 1, 2024, Staff issued a request for proposals (RFP) for permit and plan review
services (Attachment C). The RFP was posted online via PlanetBids and proposals were
received from five companies by the RFP deadline of May 22, 2024. A panel consisting
of two Staff members evaluated the proposals.
The evaluation panel concluded that the proposals from Transtech Engineering, Inc.
(Transtech) and Ardurra Group, Inc. (Ardurra) scored in a tier above the remaining
proposals, and interviews were conducted with these firms on June 5, 2024. After
interviews were conducted, the evaluation panel re-scored the proposals from the two
interviewed firms, based on the new information from the interviews, and ranked them as
follows:
2
The evaluation panel determined that Transtech was the most qualified to meet City
requirements and their proposal has been attached (Attachment B).
Staff recommends that the City Council award a PSA (Attachment A) to Transtech for
public works permit plan review, traffic control plan review, and other related services in
the amount of up to $475,000 plus a 15% contingency for a three-year term, with an
optional three-year extension by mutual consent. This PSA is written in a not-to-exceed
structure. If the need for services decreases during the term of this agreement, the City
is not obligated to request work nor expend any funds.
ALTERNATIVE:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not approve the professional services agreement with Transtech and direct
staff to issue a new solicitation for services. However, this action may significantly
delay Public Works’ ability to process and review public works permits.
2. Take other action, as deemed appropriate by the City Council.
Approach to Scope of Services 30%6 1.8 8 2.4 8.5 2.6 6 1.8 8.5 2.6
Staff Qualifications & Experience 35%6.5 2.3 7 2.5 9 3.2 9 3.2 9.5 3.3
Organization & Staffing 20%5.5 1.1 6 1.2 8 1.6 8 1.6 9 1.8
Quality Control 15%8 1.2 8 1.2 7.5 1.1 5.5 0.8 8.5 1.3
Totals 100%
Reviewer Name:
Reviewer Name: 5-Jun-24
Raw
Score
(0-10)
Final
Score
Public Works Permit Review Scoring Sheet
Brandon Mesker, Assoc. Eng.Date:5-Jun-24
7.375
Transtech
8.95
HRGreen Bureau
Veritas Ardurra
Criteria Value
Interwest
Raw
Score
(0-10)
Final
Score
Jeremiah Sunwoo, Assoc. Eng. Date:
Raw
Score
(0-10)
Final
Score
Raw
Score
(0-10)
Final
Score
6.375 7.25 8.425
Raw
Score
(0-10)
Final
Score
3
01203.0006/991754.2 1
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
TRANSTECH ENGINEERS, INC.
A-1
01203.0006/991754.2
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 July 2, 2024 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
A-2
01203.0006/991754.2 2
intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean
those standards of practice recognized by one or more first-class firms performing similar work
under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal which shall be incorporated
herein by this reference as though fully set forth herein. In the event of any inconsistency
between the terms of such Proposal and this Agreement, the terms of this Agreement shall
govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and
any Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those
terms are defined in California Labor Code section 1720 et seq. and California Code of
Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more,
Consultant shall pay prevailing wages for such work and comply with the requirements in
California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws,
including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be
performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Consultant
acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem
wages, and Consultant shall post a copy of the same at each job site where work is performed
under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
A-3
01203.0006/991754.2 3
Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subcontractor 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 subcontractors 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.”
A-4
A-5
01203.0006/991754.2 5
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written Change Order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant.
Any increase in compensation of up to 15% (fifteen percent) of the Contract Sum; or, in
the time to perform of up to 90 (ninety) days, may be approved by the Contract Officer through a
written Change Order. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. It is expressly understood by Consultant that the provisions of this
Section shall not apply to services specifically set forth in the Scope of Services. Consultant
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the
Scope of Services may be more costly or time consuming than Consultant anticipates and that
Consultant shall not be entitled to additional compensation therefor. City may in its sole and
absolute discretion have similar work done by other Consultants. No claims for an increase in the
Contract Sum or time for performance shall be valid unless the procedures established in this
Section are followed.
If in the performance of the Services, the Consultant becomes aware of material defects
in the Scope of Work, duration, or span of the Services, or the Consultant becomes aware of
extenuating circumstance that will or could prevent the completion of the Services, on time or on
budget, the Consultant shall inform the City’s Contract 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.
A-6
01203.0006/991754.2 6
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed $475,000 (Four Hundred Seventy Five Thousand Dollars)
(the “Contract Sum”), with an annual not-to-exceed compensation of $150,000 for the first year,
and for the following years, adjusted to coincide with Los Angeles-Long Beach-Anaheim
California Consumer Price Index-All Urban Consumers (CPI-U) for February, up to a maximum
increase of five percent, 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-
A-7
01203.0006/991754.2 7
Consultant contracts. Sub-Consultant charges shall also be detailed by such categories.
Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within 45 (forty-five) days of receipt of Consultant’s correct and
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
A-8
01203.0006/991754.2 8
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding (1) year
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”).
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:
Ahmad Ansari Principal
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only the personnel included in the Proposal to perform services pursuant to this Agreement.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
A-9
01203.0006/991754.2 9
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 Brandon Mesker, Associate Engineer, or such person as
may be designated by the Director of Public Works. 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 Consultant of City and shall remain at all times as to City a wholly
independent Consultant 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.
A-10
01203.0006/991754.2 10
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
A-11
01203.0006/991754.2 11
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 subcontractors.
(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 subcontractors.
(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
A-12
01203.0006/991754.2 12
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 subcontractors,
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.
A-13
01203.0006/991754.2 13
(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
A-14
01203.0006/991754.2 14
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
A-15
01203.0006/991754.2 15
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.
A-16
01203.0006/991754.2 16
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
A-17
01203.0006/991754.2 17
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
A-18
01203.0006/991754.2 18
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.
A-19
01203.0006/991754.2 19
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees,
incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in
the case of the Consultant, to the person(s) at the address designated on the execution page of
this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
72 (seventy two) hours from the time of mailing if mailed as provided in this section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
A-20
A-21
01203.0006/991754.2 21
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
A-22
A-23
01203.0006/991754.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
A-24
01203.0006/991754.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
A-25
01203.0006/991754.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following on-call permit and plan review services for Public
Works (the Services), as requested by the City’s Contract Officer:
A. Permit and plan review:
a. Plan Check Processing: When a plan check order is received, it is logged
and reviewed by Building Staff and then assigned to applicable plan
checkers. The plan check duration is monitored thru the plan check log
data base, which generates messages at identified intervals to inform plan
checker and supervising Sr. Staff so that they are aware of how the
progress and status continuously. If any potential delay is monitored,
necessary steps are taken, such as meeting with plan checker to review the
schedule, workload, performance, and identify actions, including
assigning additional staff, if necessary, to ensure timely completion of
assignment.
b. Plan Check Coordination: Our plan checkers respond to questions from
the architect, engineer, designer, applicant, etc. When requested, our plan
checkers also meet with the architect, engineer, designer, applicant, etc. at
our offices to answer questions or for rechecks. Our policy is to assist the
architect, engineer, designer, applicant, etc. as much as possible, which
helps eliminate complicated details, reduce construction costs, and/or
provide details which are easy to verify in the field.
c. Consultant’s staff is available to applicants by phone and through email or
through virtual meeting for questions or available to meet for rechecks if
necessary. Consultant will meet with applicants virtually via TEAMS or
ZOOM or when necessary, at City Hall, but Consultant also has an
available facility at Consultant’s office to meet with applicants.
d. Expedited/Off-Business Hours/Weekend Services: If the City receives a
request from applicants for expedited plan check services, Consultant staff
is able to provide additional resources to accommodate such a request. If
the City requests inspection services, Consultant staff will provide
additional resources to accommodate inspection requests during off
business hours and weekends.
e. Weekend, Holiday & After-Work: Consultant is readily available and has
the resources to provide weekend, holiday, and after-work hour
inspections as requested by the City’s Contract Officer.
f. Electronic Plan Check: Consultant provides Electronic Plan Check.
A-26
01203.0006/991754.2 A-2
g. Virtual Counter: Consultant offers virtual meetings with plan checkers.
B. Review and assess document development plans as it pertains to Public Works.
C. Review, organize, and document engineering plans related to encroachment
permits or private development.
D. Review traffic control plans associated with encroachment permits or private
development.
E. Coordinate with other departments, as necessary.
F. Create applicable Conditions of Approval for development projects.
G. Prepare necessary reports for encroachment and/or development projects.
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A. Memorandum with detailed findings and recommendations completed in a timely
manner to allow review by the City’s Contract Officer and subsequent response to
the applicant within 10 business days of encroachment or development permit
submittal and within 5 business days of each resubmittal.
B. Electronic and hard copy of the files generated during the permit review process.
C. City staff may request that check-sets or working versions of documents be
submitted for ongoing routine review. City staff will review all deliverables,
including preparatory or record materials for service deliverables, and provide
comments. Consultant is required to revise draft deliverables to address City
staffs' comments.
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:
A. A monthly summary memorandum to include a list of documents, key comments,
and status.
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. Carlos A. Pineda, PE, QSD, QSP, LEED, Sr. Engineer/Sr. Plan Checker
B. Brian Cervantes, MBA, Associate Engineer
A-27
01203.0006/991754.2 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
intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean
those standards of practice recognized by one or more first-class similarly qualified firms
performing similar work under similar circumstances.
II. Section 3.4 Term, is amended to read:
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding (1) year
three (3) years with an additional three (3) year extension from the date hereof, except as
otherwise provided in the Schedule of Performance (Exhibit “D”).
III. Section 5.3, Indemnification is amended to read:
9.1 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’
A-28
01203.0006/991754.2 B-2
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; but in no event shall the cost to defend
charged to Consultant exceed the statutory limitations of Civil Code Section 2782.8, although
notwithstanding, in the event one or more defendants is unable to pay its share of defense
costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with
the other parties regarding unpaid defense costs.
(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. However, in no event shall the cost to defend charged to Consultant exceed the statutory
limitations of Civil Code Section 2782.8, although notwithstanding, in the event one or more
defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the
business, Consultant shall meet and confer with the other parties regarding unpaid defense
costs.
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
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.
IV. Section 7.3 Retention of Funds, is amended to read:
Consultant hereby authorizes City to deduct withhold from any amount payable to
Consultant until such disputes are resolved (whether or not arising out of this Agreement) (i)
A-29
01203.0006/991754.2 B-3
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 until such lien or dispute is resolved, 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.
A-30
01203.0006/991754.2 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Services on an on-call basis and in an amount not to
exceed $10,000/month for the first year, and for the following years, adjusted to
coincide with Los Angeles-Long Beach-Anaheim California Consumer Price Index-
All Urban Consumers (CPI-U) for February, up to a maximum increase of five
percent. The City’s Contract Officer may request services not included in the Scope
of Services but related thereto, in an amount not to exceed $30,000/fiscal year.
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.
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.
A-31
01203.0006/991754.2 C-2
EXHIBIT C-1
PERSONNEL RATES
A-32
01203.0006/991754.2 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all on-call 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” Scope of Work, Section I.
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.
A-33
Proposal
PUBLIC WORKS
PERMIT REVIEW
Submitted To
City of
RANCHO PALOS VERDES
Attn: Brandon Mesker
Associate Engineer
Submitted by email: bmesker@rpvca.gov
Submitted By
TRANSTECH Engineers, Inc.
Contact Person for this Proposal:
Ahmad Ansari, PE, Principal
E: ahmad.ansari@transtech.org
C: 949-702-5612
C: 714-319-6137
B-1
Table of Contents i
PUBLIC WORKS PERMIT REVIEW
Our Proposal is submitted in compliance with RFP Section Titled “VI. NECESSARY QUALIFICATIONS AND
SUBMITTAL REQUIREMENTS.
Section Page
a. Cover Letter (per RFP, limited to 2 pages) 1
b. Approach to Scope of Services (per RFP, limited to 2 pages) 3
b.1 Scope of Services 3
b.2 Service Approach 3
c. Organization and Staffing (per RFP, limited to 2 pages) 5
d. Staff Qualifications and Experience 7
d.1 Prior Experience (per RFP, limited to 2 pages) 7
d.2 Staff Qualifications (per RFP, limited to 10 pages) 8
d.3 Reference Projects (per RFP, limited to 10 pages) 14
e. Quality Control Plan (per RFP, limited to 1 page) 17
f. Acceptance of Conditions (per RFP, limited to 1 page) 18
Appendix – Fee Schedule 19
B-2
PROPOSAL 1
PUBLIC WORKS PERMIT REVIEW
a. Cover Letter (per RFP, limited to 2 pages)
May 22, 2024
City of RANCHO PALOS VERDES
Attn: Brandon Mesker, Associate Engineer
Submitted by email: bmesker@rpvca.gov
Proposal, PUBLIC WORKS PERMITS REVIEW
Dear Mr. Mesker:
Transtech is pleased to submit this proposal for the subject services.
Company Profile: Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting
firm. Transtech has been in business for 35 years and provides municipal services to approximately 80 public agencies.
Our multi-disciplinary service capabilities include:
• Building & Safety Services, Building Official, Building
Inspection, Plan Check, Building Code Enforcement
• Civil Engineering
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and Eng
• Water Resources Engineering
• Surveying, Mapping, ALTA, Right-of-way Eng
• Emergency, Support Services
One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers.
We serve as City Engineer, City Traffic Engineer, Building Official, Building Plans Examiner, Building Inspector, Permit
Technician, Map/Plan Checker, Public Works/Permit Inspector, CIP Manager, Construction Manager and in other
capacities for a number of public agencies.
Transtech’s Plan Check and Inspection Capacity in numbers:
• We maintain and manage electronic plan submittal portals for over 25 cities.
• In 2023, we processed and reviewed approximately 11,000 projects with 76,000 documents and performed
approximately 52,000 inspections.
Electronic Plan Check: Transtech provides all Electronic Plan Check. Please click here for a sample of our electronic plan
check portal at one of our contract Cities. We offer electronic plan check submittal portal to our client cities at no
additional cost.
Virtual Counter: We offer virtual meetings with plan checkers. Please click here to explore the virtual plan check counter
appointment calendar for one of the Cities,
Transtech’s unique “Customer Care” approach in delivering Services in an efficient, cost-effective, and timely manner:
• Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach.
Our services are founded on the principles of Total Quality Management for Total Customer Care.
• Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate
complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. This policy
reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and
reduces the overall time our staff is required to spend on that particular plan.
• All telephone calls or e-mails received are returned within the same working day, or the following day. We take pride
in our “Same Day Response” motto.
• Responsiveness is an integral part of Transtech’s “customer friendly” service approach.
• We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and
www.transtech.org
855.595.2495 (toll-free)
About Transtech Video
Highlight:
CLICK HERE
B-3
PROPOSAL 2
PUBLIC WORKS PERMIT REVIEW
conduct business.
Quick Turn Around Time and Expedited Services / Expedited/Off-Business Hours/Weekend Services: Transtech will provide
plan checks on a quick turn-around schedule. Transtech also provides expedited service when requested. If the City
receives a request from applicants for expedited plan check services, Transtech staff will provide additional resources to
accommodate such a request. If the City requests inspection services, Transtech staff will provide additional resources
to accommodate inspection requests during off business hours and weekends.
Readily Available Staff: Transtech has a large pool of well experienced staff and resources readily available to provide
requested services, and respond to requests in a timely, efficient, and cost-effective manner. Our staff and resources
include approximately 200 staff, including building officials, plan checkers, inspectors, permit technicians, engineers,
project managers, designers, plan checkers, inspectors, construction managers, traffic and transportation analysts,
technicians, support personnel.
Experience in working with METRO: We work with METRO on a number of projects. Currently, we are managing 710
Mobility Improvement Projects for the Cities of Alhambra and Rosemead, which has total funding of over $200m.
Experience in working with Los Angeles County: We work and coordinate with LA County on a number of projects.
Experience in working with CALTRANS: Our team includes experienced staff members who have worked for CALTRANS
and are intimately familiar with the standards and procedures, project development and approval process, and
requirements. One of our Sr. Staff Member is former Deputy Director of Caltrans District 7.
Experience in Federally Funded Projects: We have extensive experience in the management and administration of
federally funded projects. In the past few years, we managed over 30 federally funded projects.
Community Involvement: We are proud to support civic and community activities, which demonstrates our commitment
to the progress, health, and well-being of the communities we serve. In services and partnership with our client cities, we
have a proven record of active engagement in City and Community events, programs, causes, and initiatives. Our goal
is not just to serve as an engineering consultant which is what we are best at, but activity partnering with our clients, to
further enhance the City’s reputation as an ideal community to live, invest, work, and play in. The Transtech Team is very
passionate about giving back, especially through youth empowerment and workshops to encourage middle school and
high school students to pursue higher education and to get involved in STEM related fields, like engineering. Several of
our team members have been involved in various organizations and spoke at countless events to encourage the youth
and young women in particular to pursue Engineering in both their academic and career paths.
We believe our team is well qualified to perform the services requested: We have extensive experience working with
Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good
understanding of public agency issues, procedures, and policies.
Successfully providing similar services to many agencies for over 33 years.
Proven track record in on time and within budget project delivery.
Multi-disciplinary engineering consulting service capabilities to provide an array of municipal services.
Ability to work collaboratively with agencies, project applicants, and other stake holders, and communicate
effectively with diverse audiences and stakeholders at public forums.
Committed to producing a high-quality work product and deliver a high level of customer care.
Well experienced in-house staff readily available to commence with the services upon City’s authorization.
Transtech strives on delivering a top-quality customer experience to the communities we serve through innovation and
responsiveness, with integrity, flexibility, and professionalism. We strive to push the envelope beyond bureaucracy who
think outside the box and who provide excellent customer service.
Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional information,
please contact the undersigned.
Sincerely,
Ahmad Ansari, PE, Principal E: Ahmad.ansari@transtech.org; C: 949-702-5612
B-4
PROPOSAL 3
PUBLIC WORKS PERMIT REVIEW
b. Approach to Scope of Services (per RFP, limited to 2 pages)
b.1 Scope of Services
The City is accepting proposals to provide professional services to review and provide analysis for any site plans,
construction documents, or other engineering related documents which may be enclosed in the permit application
packet.
Permit and plan review:
a. Review and assess document development plans as it pertains to Public Works.
b. Review, organize, and document engineering plans related to encroachment permits or private
development.
c. Review traffic control plans associated with encroachment permits or private development.
d. Coordinate with other departments, as necessary.
e. Create applicable Conditions of Approval for development projects.
f. Prepare necessary reports for encroachment and/or development projects.
Consultant shall complete other tasks deemed necessary for the accomplishment of a complete and comprehensive
outcome as described in the project objective. Consultant shall expand on the above-noted tasks, where
appropriate, and provide suggestions which might lead to efficiencies and enhance the results or usefulness of the
work.
Deliverables
As part of the Services, Consultant will prepare and deliver the following tangible work products to the City.
1. Memorandum with detailing findings and recommendations shall be completed in a timely manner to allow
review by the Public Works Director or their designee and subsequent response to the applicant within 10 business
days of encroachment or development permit submittal and within 5 business days of each resubmittal.
2. A monthly summary memorandum to include a list of documents, key comments, and status.
3. Electronic and hard copy of the files generated during the review process.
City staff may request that check-sets or working versions of documents be submitted for ongoing routine review. City
staff will review all deliverables, including preparatory or record materials for service deliverables, and provide
comments. Consultant is required to revise draft deliverables to address City staffs’ comments.
b.2 Service Approach
Service philosophy: Our service philosophy is defined by our unique “Customer Care” approach in delivering
our services in an efficient, cost-effective, timely and customer friendly manner:
Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach.
Our services are founded on the principles of Total Quality Management for Total Customer Care.
We have a structured approach to execute projects in an efficient manner that makes Transtech capable of
providing the City with the highest quality product.
We start by working with the applicant early on and during plan review to help them prepare a set of plans which
have all of the required information clearly and logically presented.
Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce construction
costs, and/or provide details which are easy to verify in the field. Experience has taught us well that inspection time
and applicant frustration can both be substantially reduced, while increasing overall compliance, by producing a
better set of plans during the plan review process. And in the case of homeowners, this policy often demonstrates
early on that the City really is truly a partner in a process that can often be a source of stress and tension for many
applicants, and we fully understand that.
This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much
B-5
PROPOSAL 4
PUBLIC WORKS PERMIT REVIEW
sooner, and reduces the overall time our staff is required to spend on that particular plan.
Transtech provides all plan check comments on electronic files. All plan check comments are provided on pdf
format electronically, as well as hard copies. Plan review corrections are written clearly and are fully detailed to
explain the Code deficiency.
To help the applicant better understand the problem, Transtech provides as much information during plan review as
possible. We believe that if the applicant has a clear understanding of the problem, he or she can take the necessary
steps to correct the condition. This policy reduces the number of plan review rechecks required, allows the applicant
to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan.
Unclear and/or cryptic corrections are never written, and all correction lists, except those written over the counter,
are typed and printed on a laser printer.
Our plan checkers confer early on and respond to questions from the architect, engineer, designer, applicant, etc.
When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to
answer questions or for rechecks where the plan corrections.
Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate
complicated details, reduce construction costs, and/or provide details which are easy to verify in the field.
All telephone calls or e-mails received are returned within the same working day, or the following day. We take pride
in our “Same Day Response” motto.
Responsiveness is an integral part of Transtech’s “customer friendly” service approach.
Plan Check Processing: When a plan check order is received, it is logged and reviewed by Building Staff and
then assigned to applicable plan checkers. The plan check duration is monitored thru the plan check log
data base, which generates messages at identified intervals to inform plan checker and supervising Sr. Staff
so that they are aware of how the progress and status continuously. If any potential delay is monitored,
necessary steps are taken, such as meeting with plan checker to review the schedule, workload,
performance, and identify actions, including assigning additional staff, if necessary, to ensure timely
completion of assignment.
Plan Check Coordination: Our plan checkers respond to questions from the architect, engineer, designer,
applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer,
applicant, etc. at our offices to answer questions or for rechecks. Our policy is to assist the architect, engineer,
designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce
construction costs, and/or provide details which are easy to verify in the field. This pro-active approach
reduces inspection time and questions, and applicant frustration, while increasing overall compliance, by
producing a better set of plans during plan review process. Especially, when the applicant is a homeowner
trying to improve his/her property, this policy often demonstrates early on that the City really is here to help.
Approach to Meeting with Applicants: Our staff is available to applicants by phone and through email or
through virtual meeting for questions or available to meet for rechecks if necessary. Our policy is to meet with
applicants virtually via TEAMS or ZOOM or when necessary, at City Hall, but we also have an available facility
at our office meetings with applicants.
Expedited/Off-Business Hours/Weekend Services: If the City receives a request from applicants for expedited
plan check services, Transtech staff is able to provide additional resources to accommodate such a request.
If the City requests inspection services, Transtech staff will provide additional resources to accommodate
inspection requests during off business hours and weekends.
Weekend, Holiday & Atter Work: Transtech is readily available and has the resources to provide weekend,
holiday, and after-work hour inspections as requested by the City Manager or designee.
Electronic Plan Check: Transtech provides Electronic Plan Check. Please click here for a sample of our
electronic plan check portal at one of our contract Cities.
Virtual Counter: We offer virtual meetings with plan checkers. Please click here to explore the virtual plan
check counter appointment calendar for one of the Cities,
B-6
PROPOSAL 5
PUBLIC WORKS PERMIT REVIEW
c. Organization and Staffing (per RFP, limited to 2 pages)
SR. STAFF PROJECT ORGANIZATION CHART
City required statement: The Project Manager and key staff will remain assigned to this project through
completion of the Scope of Services.
Subconsultants: SOILS REPORT REVIEW SUPPORT: GEO-ADVANTEC, INC. (www.geoadvantec.com) LANDSCAPE PLAN REVIEW SUPPORT: WITHERS & SANDGREN, LTD. (www.withersandsandgren.com)
City of Rancho Palos Verdes
MICHAEL ACKERMAN, PE, QSD/P, QISP Sr. Engineer
20 yrs of experience.
Serves as PM, Plan Checker at various TT
Contract Cities.
Prior experience includes working for public
agencies and Caltrans.
AZITA FAKOORBAYAT, PE
Sr. Engineer
30 yrs of experience.
Serves as City Eng., PM, Plan Checker at
various TT Contract Cities.
Prior experience includes working for public
agencies as Sr. Eng, PM, Assist. City Eng.
JEFFREY KAO, PE, CASp, CBO
Sr. Engineer
20 yrs of experience.
Serves as Plan Checker at various TT
Contract Cities.
Prior experience includes working as a
structural engineer.
AHMAD ANSARI, PE Sr. Engineer, Contract Principal
30 yrs of experience.
Prior experience includes working for public agencies as PW Director,
City Engineer.
JOSEPH DEPERALTA, PE, QSD
Sr. Engineer
30 yrs of experience
Serves as Plan Checker at various TT
Contract Cities.
DAVID RAGLAND, PE, PLS, QSD/P,
QISP
Sr. Engineer
35 yrs of experience
Licensed Civil engineer and Land Surveyor.
Diverse experience in a wide variety of
projects.
CARLOS PINEDA, PE, QSD/P, LEED Sr. Engineer
30 yrs of experience
Serves as Plan Checker at various TT
Contract Cities.
MICHAEL DAVID LLOYD, PE, QSD,
QSP
Sr. Engineer
30 yrs of experience.
Serves as PM, Plan Checker at various TT
Contract Cities.
Prior experience includes working for public
agencies.
ZIAD Y. MAZBOUDI, PE, QSD/P,
CPSWQ, CPESC, LEED AP, D.WRE
Sr. Engineer
34 yrs of experience.
Serves as PM, Plan Checker at various TT
Contract Cities.
Prior experience includes working for public
agencies.
BAHMAN JANKA, TE
Sr. Traffic Engineer
30 yrs of experience.
Serves as City Traffic Eng. at TT
Contr. Cities.
Prior experience includes working for public
agencies as City Traffic Engineer.
MARIA FRASER, PE, QSD/P Sr. Engineer
33 yrs of experience.
Serves as PM, Plan Checker at
various TT Contract Cities.
Prior experience includes working for public
agencies as City Eng, CIP Manager
Our staff and resources include approximately 200 staff, including building official, plan checkers,
inspectors, engineers, project managers, designers, construction managers, traffic and transportation
analysts, technicians, admin support personnel.
B-7
PROPOSAL 6
PUBLIC WORKS PERMIT REVIEW
Subconsultants:
• SOILS REPORT REVIEW SUPPORT: GEO-ADVANTEC, INC. (www.geoadvantec.com)
Geo-Advantec, Inc. offers comprehensive services in various areas from site feasibility evaluation
thought project completion for a wide range of projects and services, which include: Geotechnical
Eng.; Eng. Geology; Geotechnical Earthquake Eng.; Geotechnical Instrumentation; Pavement Eng.;
Forensic Geotechnical Eng.; Grading Monitoring and Field Testing; Soils & Materials Laboratory Testing;
Special Inspection Services. Geo-Advantec owns a certified laboratory accredited by AMRL (ASSHTO
Materials Reference Laboratory), in conformity to the requirements of the AASHTO Accreditation
Program (AAP), AASHTO R-18, ASTM D3740 and ASTM E329; CCRL (Cement and Concrete Reference
Laboratory); Caltrans; DSA (the Department of the State Architects); Army Corp of Engineers.
• LANDSCAPE PLAN REVIEW SUPPORT: WITHERS & SANDGREN, LTD. (www.withersandsandgren.com)
Withers & Sandgren has been involved in providing varying levels of support to Community
Development Departments for over twenty years. The firm has provided counter support for walk
in plan reviews, been monthly Design Review Committee attendees, as well as presenters with
planning staff to Planning Commissions and City Councils.
B-8
PROPOSAL 7
PUBLIC WORKS PERMIT REVIEW
d. Staff Qualifications and Experience
d.1 Prior Experience (per RFP, limited to 2 pages)
Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting firm.
Transtech has been in business for 35 years and provides municipal services to approximately 80 public
agencies.
Our multi-disciplinary service capabilities include:
• Building & Safety Services, Building Official, Building
Inspection, Plan Check, Building Code Enforcement
• Civil Engineering
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• City Engineer, City Traffic Engineer,
Development Review, Public Works
Engineering, Plan Check, Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and Eng
• Water Resources Engineering
• Surveying, Mapping, ALTA, Right-of-way Eng
• Emergency, Support Services
One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service
providers. We serve as City Engineer, City Traffic Engineer, Building Official, Building Plans Examiner, Building
Inspector, Permit Technician, Map/Plan Checker, Public Works/Permit Inspector, CIP Manager, Construction
Manager and in other capacities for a number of public agencies.
Transtech’s Plan Check and Inspection Capacity in numbers:
• We maintain and manage electronic plan submittal portals for over 25 cities.
• In 2023, we processed and reviewed approximately 11,000 projects with 76,000 documents and
performed approximately 52,000 inspections.
Transtech provides all Electronic Plan Check. Please click here for a sample of our electronic plan check
portal at one of our contract Cities. We offer electronic plan check submittal portal to our client cities at no
additional cost.
We offer virtual meetings with plan checkers. Please click here to explore the virtual plan check counter
appointment calendar for one of the Cities,
B-9
PROPOSAL 8
PUBLIC WORKS PERMIT REVIEW
d.2 Staff Qualifications (per RFP, limited to 10 pages)
STAFF QUALIFICATIONS
One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service
providers. We serve as Building Official, Building Plans Examiner, Building Inspector, Permit Technician, Building
Code Enforcement, City Engineer, City Traffic Engineer, Map/Plan Checker, Public Works/Permit Inspector,
CIP Manager, Construction Manager, Construction Inspector, Designer, Federally Funded Project Manager
and in other capacities for a number of public agencies.
Several of our engineers are licensed as Professional Engineers by the State of California Board for Professional
Engineers, Land Surveyors, and Geologists (BPELSG). Our staff professional licenses, registrations and
certifications include:
• PE (Licensed Civil Engineer
• TE (Licensed Traffic Engineer)
• PLS (Licensed Land Surveyor)
• QSD (Construction General Permit Qualified SWPPP Practitioner)
• QSP (Construction General Permit Qualified SWPPP Developer)
• QISP (Industrial General Permit Qualified Industrial Stormwater Practitioner)
• PMP (Professional Transportation Planner)
• RSP (Registered Safety Professional)
• CASp (Certified Access Specialist)
• PMP (Certified Project Management Professional)
• CPSWQ (Certified Professional in Storm Water Quality
• CPESC (Certified Professional in Erosion and Sediment Control)
• LEED AP (Professional with specialty credential with knowledge in green building practices
• Registered Construction Inspector by American Construction Inspectors Association
Also, several of our staff members are certified by the International Code Council (ICC). We have staff who
have reached the highest possible level of code administration with the Master Code Professional
designation certification from the ICC. In addition, some of our staff members are certified as Fire Plan
Checkers and Inspectors, as we provide these services to some agencies
Building Official Certifications:
Certified Master Code
Professional
Building Code Official
Building Official
Plan Check Certifications:
Residential Building Plans
Examiner
Commercial Building Plans
Examiner
California Building Plans
Examiner
Certified Sustainability
Professional
CalGreen Plans Examiner
Accessibility Plans Examiner
Commercial Energy
Conservation Plans Examiner
Residential Plans Examiner
Mechanical Plans Examiner
Plumbing Plans Examiner
Inspection Certifications:
Combination Inspector
Commercial Building Inspector
Residential Building Inspector
Accessibility Inspector
Commercial Energy Conservation
Inspector
Electrical Inspector
Commercial Electrical Inspector
Residential Electrical Inspector
Residential Energy Conservation Inspector
Residential Building Inspector
Residential Mechanical Inspector
Mechanical Inspector
Commercial Mechanical Inspector
Plumbing Inspector
CalGreen Inspector
Building Inspector CBC
Building Inspector UBC
Plumbing Inspector UPC
California Commercial Plumbing
Inspector
California Residential Mechanical
Inspector
California Residential Mechanical
Inspector
Additional Inspection Certifications:
IAPMO Plumbing, Mechanical Inspector
Fire Code Inspector
Fire Inspector II
California UST Inspector
Permit Technician Certification:
Permit Technician
CACEO Certified Code Enforcement
Officer
State of California Safety Assessment
Program:
CalOES SAP Evaluator
B-10
PROPOSAL 9
PUBLIC WORKS PERMIT REVIEW
Electrical Plans Examiner California Building Inspector
RESUMES
AHMAD ANSARI, PE, Contract Principal
Education
• BS in Engineering, MBA
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Ansari has over 30 years of past experience in City and County Public Works and has worked at
several municipalities in Southern California, including:
• City of Moreno Valley- Public Works Director/City Engineer
• City of Rialto- Public Works Director/City Engineer
• City of Perris- Public Works Director
• City of Pomona- Deputy Public Works Director/Assistant City Engineer.
He has managed CIP Programs and Public Works Operations, and served as the responsible in charge
of numerous multi-disciplinary teams, including:
• Capital Improvement Program project management and delivery
• Real Property/Right of Way acquisition and management
• Traffic and Transportation engineering
• Private Development/Entitlement process review and approval
• Maintenance and Operations including roads, storm drains, sewers, parks, facilities, traffic signals,
signs/striping, fleet
• Special Districts, Landscape/Lighting Assessment
• Electric Utility
MICHAEL ACKERMAN, PE, QSD, QSP, QISP, Sr. Engineer
Education
• BS in Engineering
Registrations/Certifications
• RE Academy, Caltrans
• Water Pollution Control Compliance on Construction Sites for RE, Caltrans
• Construction Program Management Workshop, FHWA
• Field Office Procedures Course, Caltrans
• California Work Zone Inspection – High Speed, Caltrans
• Asphalt Concrete Inspection and Rehabilitation Strategies, Caltrans
Highlights
Mr. Ackerman has over 20 years of experience. At Transtech, he has been working as a Sr. Engineer at
various Transtech City Engineering Contracts. He has served at various Cities under Transtech’s City
Engineering Contracts, including Temple City, Huntington Park, and Alhambra. He has a broad
knowledge of municipal government operations, including preparation and presentation of staff
reports/resolutions to city councils, committees and interaction with public, various city departments, city
council and other governmental agencies.
Mr. Ackerman’s experience also includes working at Caltrans and other agencies:
o Caltrans District 8: Mr. Ackerman was a civil transportation engineer for Caltrans District 8 where he
was involved in the design and construction of various projects.
• City of San Bernardino: Mr. Ackerman was involved in various projects, including Development Review
and Plan Check, Design and Project Management.
• City of Huntington Park: Mr. Ackerman worked as contract City Engineer under Transtech’s municipal
services contract and later as City Engineer and Interim Director of Public Works under the City.
MARIA FRASER, PE, QSD, QSP, Sr. Engineer
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
B-11
PROPOSAL 10
PUBLIC WORKS PERMIT REVIEW
Highlights
Ms. Frazer has over 33 years of experience in design, planning, project Management and construction
of public works and commercial development infrastructure field. Ms. Fraser has spent the last four (4)
years in the public sector as the Capital Improvements Program Manager for the City of Chino. Her
responsibilities include planning, managing, and directing the work of a division of the Public Works
Department staffed by professional and sub-professional engineers. She has a broad knowledge of
municipal government operations, including preparation and presentation of staff reports/resolutions to
city councils, committees and interaction with public, various city departments, city council and other
governmental agencies.
As the Public Works CIP Manager, Ms. Fraser has been responsible for the programming, designing and
delivery of multi-disciplinary capital improvement program projects, including street, water, sewer, storm
drain, transportation, paving and slurry maintenance program, and other infrastructure systems.
Ms. Fraser is competent in the management and coordination of all construction activities ensuring that
the projects are delivered with regards to safety, quality, program and cost.
As the CIP Engineering Manager, Ms. Fraser assumed the role of Acting Public Works Director when the
PW Director is away. During the Public Works Directors absence, she participated in the weekly Executive
Management Team (EMT) and responsible for decision making during his absence.
Ms. Fraser’s experience also includes working at various positions for public and private agencies
including:
• City of Palm Desert, City Engineer
• City of Chino, Senior Project Manager:
• City of Adelanto, City Engineer:
• Consultant for the Caltrans’s District 8 NPDES unit as Storm Water Coordinator/Water Pollution Control
Manager CLM Professional Services
• Fraco Engineering Consultants, Principal Engineer
AZITA FAKOORBAYAT, PE, Sr. Engineer
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Ms. Fakoorbayat has over 25 years of experience. She has a broad knowledge of municipal government
operations, including preparation and presentation of staff reports/resolutions to city councils,
committees and interaction with public, various city departments, city council and other governmental
agencies.
Recent Experience with Transtech’s contract Cities:
Contract CIP Project Manager, City of Chino: As contract CIP Project Manager, coordinate various CIP
projects throughout project design phase, including concrete, asphalt, storm drain, sewer, water,
grading, traffic signal, accessibility. Conduct design review, PS&E review, constructability and biddability
review, and manage design phase of various CIP projects, and manage and coordinate various CIP
projects with various design engineers to ensure project design phases are completed within time and
budget, and proceed with construction.
Public Agency Experience:
• Principal Engineer, City of Costa Mesa, CA
• As Principal Engineer, perform a broad range of highly complex and professional
• Civil Engineer I, Pierce County Public Works Utilities and Transportation
• Services, Design Section, Tacoma, WA
• Assistant City Engineer, City of Sumner, Sumner, WA
Private Consulting Experience:
• Senior Project Manager, Afb Group, Laguna Niguel, Ca
• Senior Project Manager, Berryman & Henigar, Santa Ana, Ca
• Project Manager, CNC Engineering, Newport Beach, Ca
B-12
PROPOSAL 11
PUBLIC WORKS PERMIT REVIEW
• Senior Design Engineer/ Project Manager, Harding Lawson Associates Group Inc., Bellevue, Wa
CARLOS A. PINEDA, PE, QSD, QSP, LEED, Sr. Engineer
Education
• BS in Civil Engineering,
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Pineda has over 30 years of experience in civil engineering and project management. He has
extensive experience working for both private and public sectors. He has participated on numerous
multi-disciplinary teams dealing with the planning and development of civil and traffic engineering,
urban and rural development, and public works projects. He has served as Principal Project Manager
for a variety of projects. Public works design experience covers a wide variety of projects, including the
improvement of major arterials, secondary highways and collectors, flood control and drainage projects,
water and waste water projects, ADA retrofit, and safe routes to school projects. He has a good
understanding and knowledge of municipal government operations, including preparation and
presentation of staff reports/resolutions to city councils, committees and interaction with public, various
city departments, city council and other governmental agencies. Private sector design experience
covers a wide range of projects including residential master planned communities and “in tract”
residential improvements. In-tract residential improvements included the design and construction of
domestic and reclaimed water infrastructure to serve the new developments.
DAVID RAGLAND, PE, PLS, QSD, QSP, Sr. Engineer
Education
• Humboldt State University, CA, Bachelor of Science
Registrations/Certifications
• Registered Civil Engineer
• Licensed Land Surveyor
Highlights
Mr. Ragland is a civil engineer and land surveyor has over 30 years of diverse experience in a wide variety
of projects in civil engineering. He has managed numerous multi-disciplinary teams dealing with the
planning, engineering, entitlement, environmental permitting, development and construction of urban
and rural development, and public works projects. His experience also includes special emphasis on
complex grading and hillside developments (has worked on the civil engineering and development of
more than 40,000 acres of hillside properties), preparation of due diligence and project feasibility
analysis, through conceptual planning and design to entitlement and construction.
JEFFREY KAO, PE, CBO, CASp, ICC Certified Building Official, Plans Examiner and Inspector
Education
• MS, BS Civil Engineering, Cal Poly
Registrations/Certifications
• Registered Civil Engineer; CASp
• ICC Certified Building Official, California Building Plans Examiner, CalGreen Inspector, CalGreen Plans
Examiner, Mechanical Plans Examiner, Plumbing Plans Examiner, Building Inspector
Highlights
Mr. Kao has over 20 years of experience and has been working at Transtech as Deputy Building Official,
Senior Plans Examiner, On-Site Over the Counter Plans Examiner and performed plan checks for a variety
of residential and commercial projects in Cities of Alhambra, South Pasadena, and Temple City. Mr. Kao
has broad knowledge of building and safety operations, including working in the capacity of Deputy
Building Official and Plans Examiner. His past experience includes working as a structural engineer for 4
years at a structural design firm.
MICHAEL DAVID LLOYD, PE, QSD, QSP, Sr. Engineer
Education
• MS Civil Engineering, Texas A&M University
• BS Civil Engineering, Southern Methodist University
• MS Public Policy, Georgetown University
B-13
PROPOSAL 12
PUBLIC WORKS PERMIT REVIEW
Registrations/Certifications
• Licensed Civil Engineer
• QSD, QSP
Highlights
Mr. Lloyd has over 30 years of experience, including working in both public and private sector. He has
a broad knowledge of municipal government operations, including preparation and presentation of
staff reports/resolutions to city councils, committees and interaction with public, various city
departments, city council and other governmental agencies.
Mr. Lloyd has worked for the City of Moreno Valley for 25 years and been responsible for the
programming, designing and delivery of multi-disciplinary capital improvement program projects, and
served in various capacities as:
• Assistant City Manager responsible for Public Works and Community Development Departments
• Public Works Director
• City Engineer Land Development Division Manager
• Land Development Engineer
• Sr. Engineer
• Civil Design Engineer
• Traffic Engineer
• CIP Project Manager
• Construction Manager
As part of his responsibilities, Mr. Lloyd has:
• Maintained regular communications with developers and business owners working within the City to
ensure satisfactory project progress.
• Represented the City at WRCOG committees.
• Oversaw upgrades to Accela / Digital Plan Room that streamlined the submittal process.
• Oversaw the restructuring of Moreno Valley Utility and staffing of new positions.
• Assisted with the restaffing of the Business and Safety Division, Planning Division, and Community
Enhancement Division.
• Ensured City Council priorities are addressed in a timely manner with positive outcomes.
• Oversaw Department’s preparation and submittals for various grant applications consistent with City
Council priorities and the CIP.
ZIAD Y. MAZBOUDI, PE, QSD, QSP, CPSWQ, CPESC, LEED AP, D.WRE, Sr. Engineer
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer (#61216)
Highlights
Mr. Mazboudi has 34 years of progressively responsible, diversified experience in public works,
engineering, utilities, development engineering, facilities maintenance, sustainability, environmental
programs and project management in both the public and private sector, supported by a strong
educational background in civil engineering, geographic information systems, water quality/urban
runoff, and environmental programs. His experience includes:
• City of San Clemente - PW Department, Deputy Director/Engineering
• City of San Juan Capistrano - PW/Utilities Department, Senior Civil Engineer
• City of Westminster - PW Department, Associate Civil Engineer/Development Engineer
• City of La Habra - PW Department, Assistant Civil Engineer.
Special International Projects:
• US Green Building Council (www.usgbc.org), Egyptian Green Building Council (EGBC)
Represented the US Green Building Council, to assist in the formation of the EGBC. Provided lectures
on the role of government in Green Building and on the US Green Building Program, LEED.
• USAID International Development Agency (www.usaid.gov), In partnership with USAID and ICMA
Kingdom of Jordan Commercial/Industrial Environmental Audit
In partnership with USAID and ICMA, developed a training manual for the audit of commercial and
industrial facilities in Jordan. Performed audits in Jordan and provided recommendations to the Minister
B-14
PROPOSAL 13
PUBLIC WORKS PERMIT REVIEW
of the Environment and the Minister of Local Government.
JOSEPH DEPERALTA, PE, QSD, Sr. Engineer
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Peralta has approximately 30 years of experience. His experience includes working as
contract/consultant City Engineer, Plan Checker, Design Engineer for various Cities. His experience
includes dealing, coordinating and navigating thru the permitting processes with municipal, county and
state level and other governmental agencies, architects and consultant, utility companies, and regional
entities, including Caltrans, Water Quality Board, AQMD, US Corps of Engineers, Department of Fish and
Game, Union Pacific Railroad and others.
BAHMAN JANKA, TE, Sr. Traffic Engineer
Education
• MS, BS in Civil Engineering
Registrations/Certifications
• Registered Traffic Engineer
Highlights
Mr. Janka has over 35 years of experience in Traffic Engineering and Transportation Planning.
He has served as City Traffic Engineer and Transportation Director for public agencies, including:
• City of Pasadena, California: Transportation Administrator
• City of Santa Clarita, California: City Traffic Engineer
• City of Fremont, California: Associate Transportation Engineer
• City of Palo Alto, California: Associate Transportation Engineer
• Entranco Engineers, Bellevue, Washington: Transportation Engineer.
B-15
PROPOSAL 14
PUBLIC WORKS PERMIT REVIEW
d.3 Reference Projects (per RFP, limited to 10 pages)
REFERENCES
CITY OF SOUTH EL MONTE (Year started and completed: 2018 – Ongoing Service)
Contact: Rene Salas, City Manager
T: Phone: 626-579-6540, E: rsalas@soelmonte.org
Services Provided: City Engineering Services; Traffic Engineering; CIP Management; Federally
Funded Project Management; Engineering Design; Public Works Permit
Inspections; Map Check; Building & Safety Plan Check
CITY OF ALHAMBRA (Year started and completed: 1993 – Ongoing Service)
Contact: Andrew Ho, Community Development Director
T: 626-570-5041; E: andrewho@cityofalhambra.org
Services Provided: City Engineering Services; Traffic Engineering; CIP Management; Federally
Funded Project Management; Engineering Design; Public Works Permit
Inspections; Map Check; Building & Safety Services (Building Official, Plan Check,
Inspection)
CITY OF COMMERCE (Year started and completed: 2015 – Ongoing Service)
Contact: Vilko Domic, Assistant City Manager
T: 323-722-4805; E: vilkod@ci.commerce.ca.us
Services Provided: City Engineering Services; Traffic Engineering; CIP Management; Federally
Funded Project Management; Engineering Design; Public Works Permit
Inspections; Map Check; Building & Safety Services (Building Official, Plan Check,
Inspection)
CITY OF TEMPLE CITY (Year started and completed: 2013 – Ongoing Service)
Contact: Bryan Cook, City Manager; T: 626-285-2171; E: bcook@templecity.us
Services Provided: City Engineering Services; Traffic Engineering; CIP Management; Federally
Funded Project Management; Engineering Design; Public Works Permit
Inspections; Map Check; Building & Safety Services (Building Official, Plan Check,
Inspection)
CITY OF WEST COVINA (Year started and completed: 2019 – Ongoing Service)
Contact: Paulina Morales, City Manager
T: 626-939-8401; E: pmorales@westcovina.org
Services Provided: City Engineering Services; Traffic Engineering; CIP Management; Federally
Funded Project Management; Engineering Design; Public Works Permit
Inspections; Map Check; Building & Safety Services (Building Official, Plan Check,
Inspection)
CITY OF MONTEREY PARK (Year started and completed: 2013 – Ongoing Service)
Contact: Shawn Igoe, Director of Public Works
T: 626-307-1320; E: sigoe@MontereyPark.ca.gov
Services Provided: City Engineering Services; Traffic Engineering; CIP Management; Federally
Funded Project Management; Engineering Design; Public Works Permit
Inspections; Map Check; Building & Safety Services (Building Official, Plan Check,
Inspection)
B-16
PROPOSAL 15
PUBLIC WORKS PERMIT REVIEW
SAMPLE PROJECTS REPRESENTATIVE OF TRANSTECH’S EXPERIENCE IN REQUESTED SERVICES:
Agency: CITY OF WEST COVINA
Project: Asteria Residential Development (Valuation $40 m).
This development includes 158-unit residential homes.
Transtech provided following services:
• Establishing conditions of approval and coordination with
the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City
Engineer, City Traffic Engineer.
Agency: CITY OF SOUTH EL MONTE
Project: Chico Residential Development (Valuation $15 m).
This development includes 13 buildings with 70 residential
units.
Transtech provided following services:
• Establishing conditions of approval and coordination with
the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City
Engineer, City Traffic Engineer.
Agency: CITY OF COMMERCE
Project: Warehouse with Office Space Development
(Valuation $20 m). This development includes one-story of
warehouse with mezzanines for office use of 114,898 square
feet of total floor area in a 5.65-acre lot.
Transtech provided following services:
• Establishing conditions of approval and coordination with
the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City
Engineer, City Traffic Engineer.
Agency: CITY OF ALHAMBRA
Project: Main Street Collection (Valuation $23 m). This
development includes 4-story mixed-use project with 8,200 s
ft retail space, 52 condos, 9 live/work units, 19 townhomes,
and 6 shopkeeper units.
Transtech provided following services:
• Establishing conditions of approval and coordination with
the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City
Engineer, City Traffic Engineer.
B-17
PROPOSAL 16
PUBLIC WORKS PERMIT REVIEW
Agency: CITY OF TEMPLE CITY
Project: Blossom Walk Residential Development (Valuation
$6 m). This development includes 24-unit condominiums and
4 single family homes.
Transtech provided following services:
• Establishing conditions of approval and coordination with
the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City
Engineer, City Traffic Engineer.
Agency: CITY OF WEST COVINA
Project: Medical Center Building (Valuation $20 m). This
project is a new Medical Office Building of approximately
55,000 sf that will operate 24/7 providing a radiation
oncology department and infusion department.
Transtech provided following services:
• Establishing conditions of approval and coordination with
the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City
Engineer, City Traffic Engineer.
B-18
PROPOSAL 17
PUBLIC WORKS PERMIT REVIEW
e. Quality Control Plan (per RFP, limited to 1 page)
We have a structured approach to execute projects in an efficient manner that makes Transtech capable
of providing the City with an efficient and quality product. Transtech has established guidelines and policies,
including written manuals on quality control, project management, and design procedures for its staff and
for its contract cities. These guidelines ensure a consistent approach to the execution of assignments
undertaken by our organization in compliance with City’s specific procedures, standards and requirements.
The following paragraphs describe our general approach to deliver projects in an efficient and cost-effective
manner.
Our service philosophy is defined by our unique “Customer Care” approach in delivering quality services in
an efficient, cost-effective, timely and customer friendly manner:
Our services are founded on the principles of Total Quality Management for Total Customer Care.
We have a structured approach to execute projects in an efficient manner that makes Transtech capable
of providing the City with the highest quality product.
We start by working with the applicant early on and during plan review to help them prepare a set of
plans which have all of the required information clearly and logically presented.
Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce
construction costs, and/or provide details which are easy to verify in the field. Experience has taught us
well that inspection time and applicant frustration can both be substantially reduced, while increasing
overall compliance, by producing a better set of plans during the plan review process. And in the case
of homeowners, this policy often demonstrates early on that the City really is truly a partner in a process
that can often be a source of stress and tension for many applicants, and we fully understand that.
This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit
much sooner, and reduces the overall time our staff is required to spend on that particular plan.
Transtech provides all plan check comments on electronic files. All plan check comments are provided
on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are
fully detailed to explain the Code deficiency.
To help the applicant better understand the problem, Transtech provides as much information during
plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or
she can take the necessary steps to correct the condition. This policy reduces the number of plan review
rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time
our staff is required to spend on that particular plan. Unclear and/or cryptic corrections are never written,
and all correction lists, except those written over the counter, are typed and printed on a laser printer.
Our plan checkers confer early on and respond to questions from the architect, engineer, designer,
applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer,
applicant, etc. at our offices to answer questions or for rechecks where the plan corrections.
Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps
eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify
in the field.
B-19
PROPOSAL 18
PUBLIC WORKS PERMIT REVIEW
f. Acceptance of Conditions (per RFP, limited to 1 page)
Transtech has already executed a contract with the City for various services. If selected for this project, it is
assumed same contract format will be executed for this project. Transtech’s current Insurance Info is provided
below. If selected by the City for this project, we will appreciate the opportunity of having our Attorney
discuss the final contract language to ensure our insurance is in compliance with current laws and regulations
and meets the City’s requirements with the City’s Attorney. Following items may be discussed:
• For insurability purposes, any duty to defend which is not expressly deleted or defined as a reimbursement
to the extent of the adjudicated negligence will present insurability issues.
• Insurance may not cover payment for any
of the City’s’ defense related cost prior to
a final determination of liability or to pay
any amount that exceeds Contractor’s
finally determined percentage of liability
based upon the comparative fault of
Contractor. Consultant should reimburse
all reasonable attorneys’ fees as part of
City’s total damages tied directly to
Consultant’s determined percentage of
fault.
• For insurability purposes, one of the most
important contract terms is to ensure the
word "negligent" is evident in the
indemnity clause. Absent a negligence
trigger for claims, a client or owner could
present claims with no allegations of
negligence, and the professional liability
may have coverage implications. Inserting
"negligent" acts, errors, or omissions can
help make the entire indemnity subject to
an appropriate standard of care.
• Many contracts use phrases such as:
“arising out of or in connection with". This
can allow the certificate holder to assert
claims that vaguely involve our scope of
services. By replacing such phrases with
"but only to the extent actually caused
by", the claimant must establish that the
negligence was the proximate cause of
the damage, otherwise known as direct
causation, would be insurable.
• For insurability purposes, we suggest limiting the obligation to only those parties with whom we have the
contract, or who are in direct contractual privity to the project owner.
• For insurability purposes, in the event of any dispute between the Parties related to this Agreement or this
Project, we recommend that the Parties agree to first negotiate in good faith toward a resolution with
participation by representatives of each Party holding sufficient authority to resolve the dispute. If such
dispute cannot be resolved in this manner, before any action or litigation is initiated other than as required
to secure lien rights, the dispute should be submitted to mediation using the American Arbitration
Association or another mediator as mutually selected by the Parties. Such mediation should be
completed within a reasonable period of time following either Party’s written demand with each Party to
bear an equal share of the mediation fees and its own respective attorney and consultant fees and
costs.”
B-20
PROPOSAL 19
PUBLIC WORKS PERMIT REVIEW
Appendix – Fee Schedule
Following is Transtech’s Fee Rates for all staff classifications:
Field Technician $88 -$98 Labor Compliance Analyst $150 -$160
Engineering Technician $98 -$109 Funds Coordinator $155 -$165
Assistant CAD Drafter $109 -$124 Office Engineer $150 -$160
Senior CAD Drafter $124 -$140 Construction Inspector $145 -$155
Associate Designer $140 -$155 Senior Construction Inspector $155 -$165
Senior Designer $155 -$171 Construction Manager $176 -$191
Design Project Manager $196 -$206 Resident Engineer $191 -$206
Assistant Engineer $119 -$129
Associate / Staff Engineer $150 -$165 Public Works Inspector $145 -$155
Senior Civil Engineer $206 -$227 Senior Public Works Inspector $155 -$165
Traffic Analyst Technician $103 -$114 Supervising PW Inspector $165 -$176
Associate Traffic Analyst $155 -$165
Senior Traffic Analyst $165 -$176 Survey Analyst $155 -$160
Professional Transportation Planner $176 -$191 Senior Survey Analyst $160 -$165
Traffic Engineer Technician $98 -$109 2-Man Survey Crew $357 -$372
Associate/Staff Traffic Engineer $150 -$165 Survey & Mapping Specialist $191 -$207
Traffic Engineer $176 -$191 Licensed Land Surveyor $217 -$227
Senior Traffic Engineer $191 -$212
Project Manager $191 -$212 Funds Analyst $150 -$155
Senior Project Manager $212 -$227 Senior Funds Analyst $155 -$165
Deputy City Engineer $176 -$196 Grant Writer $171 -$176
City Engineer $196 -$212 Funds & Grant Project Manager $191 -$202
Principal Engineer $212 -$233
Community Development Technician $83 -$93
Permit Technician $78 -$88 Planning Technician $93 -$103
Plan Check Technician/Analyst/Supervisor $129 -$145 Assistant Planner $103 -$124
Building Inspector $119 -$134 Associate Planner $124 -$145
Senior Inspector $129 -$145 Senior Planner $150 -$171
Plans Examiner/Checker $145 -$160 Planning Manager $176 -$196
Plan Check Engineer $155 -$176
Deputy Building Official $165 -$176 Administrative/Clerical $72 -$83
Building Official $171 -$186 Project Accountant $83 -$93
TRANSTECH ENGINEERS, INC.
SCHEDULE OF HOURLY RATES
Effective: July 1, 2024 - June 30, 2025
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project’s scope,
when such projects are identified by the City.
The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer
Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor
Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.
FUNDING & GRANT WRITING
PLANNING
ADMINISTRATIVE STAFF
SURVEY AND MAPPING
PUBLIC WORKS INSPECTION
BUILDING & SAFETY
ENGINEERING CONSTRUCTION MANAGEMENT
B-21
Page 1 of 10
City of Rancho Palos Verdes
RFP - Public Works Permit Review
May 1, 2024
City of Rancho Palos Verdes
Request for Proposals
Public Works Permit Review
Public Works Department
Attention: Brandon Mesker, Associate Engineer
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Phone: (310) 544-5293| Email: bmesker@rpvca.gov
RFP Release Date: May 1, 2024
Request for Clarification Deadline: May 8, 2024
RFP Submittal Deadline: May 22, 2024
C-1
Page 2 of 10
City of Rancho Palos Verdes
RFP - Public Works Permit Review
May 1, 2024
Public Works Permit Review
The City of Rancho Palos Verdes is requesting proposals from qualified consulting firms
to professional services to review and provide analysis for any site plans, construction
documents, or other engineering related documents which may be enclosed in the permit
application packet.
All correspondence and questions regarding this RFP should be submitted via email to:
Brandon Mesker, Associate Engineer
Email: bmesker@rpvca.gov
To be considered for this project, submit an electronic copy of the proposal to the above
email address by 4:30PM, on May 22, 2024
C-2
Page 3 of 10
City of Rancho Palos Verdes
RFP - Public Works Permit Review
May 1, 2024
Table of Contents
I. INTRODUCTION .................................................................................................. 4
II. PROJECT OBJECTIVE ........................................................................................ 4
III. PROJECT DESCRIPTION AND BACKGROUND ................................................ 4
IV. SCOPE OF SERVICES ........................................................................................ 5
V. PRELIMINARY PROJECT SCHEDULE ............................................................... 6
VI. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS ............ 6
VII. SUBMISSION OF PROPOSAL ............................................................................ 8
VIII. EVALUATION AND SELECTION PROCESS ...................................................... 8
Attachment A ............................................................................................................... 10
C-3
Page 4 of 10
City of Rancho Palos Verdes
RFP - Public Works Permit Review
May 1, 2024
I. INTRODUCTION
The City of Rancho Palos Verdes (City) is a scenic, upscale, residential coastal
community, with a population of approximately 42,000, located on the Palos Verdes
Peninsula of southwestern Los Angeles County.
The City is a contract city, meaning that some services are provided by contract with
agencies (both public and private) and some services are delivered by the City’s own
employees.
City Government: Rancho Palos Verdes is a General Law City and has operated under
the Council-Manager form of government since its incorporation in 1973. Policy-making
and legislative authority are vested in the governing City Council, which consists of five
Council Members, including the Mayor and Mayor Pro-Tem. The City is fiscally sound and
functions on an annual budget cycle.
The City is seeking a consultant that can review and develop comments for permits and
plans submitted to the City from various agencies. Submitting agencies may include but
are not limited to construction contractors, engineering firms, and utility providers. The
consultant must be knowledgeable of and have experience with plans and permits related
to traffic control, drainage, soil imports, and encroachment.
The purpose of this document is to provide proposers with the information needed to
submit a proposal for review by the City and, if selected, enter into a Professional Service
Agreement with the City. Enclosed is a blank Professional Services Agreement form for
the proposers’ to review.
II. PROJECT OBJECTIVE
The City is requesting proposals from qualified firms to provide professional services to
review and provide analysis for any site plans, construction documents, or other
engineering related documents which may be enclosed in the permit application packet.
The documents are to be reviewed for completeness, compliance, adequacy,
appropriateness for the proposed site, and any technical or regulatory issues.
III. PROJECT DESCRIPTION AND BACKGROUND
As a small municipality, the City may require staff augmentation to facilitate certain tasks
and assignments. The City is accepting proposals from qualified firms to provide
professional services to review and provide analysis for any site plans, construction
documents, or other engineering related documents which may be enclosed in the permit
application packet. The documents are to be reviewed for completeness, compliance,
adequacy, appropriateness for the proposed site, and any technical or regulatory issues.
C-4
Page 5 of 10
City of Rancho Palos Verdes
RFP - Public Works Permit Review
May 1, 2024
IV. SCOPE OF SERVICES
The City is accepting proposals to provide professional services to review and provide
analysis for any site plans, construction documents, or other engineering related
documents which may be enclosed in the permit application packet.
SCOPE OF WORK
1. Permit and plan review:
a. Review and assess document development plans as it pertains to Public
Works.
b. Review, organize, and document engineering plans related to
encroachment permits or private development.
c. Review traffic control plans associated with encroachment permits or
private development.
d. Coordinate with other departments, as necessary.
e. Create applicable Conditions of Approval for development projects.
f. Prepare necessary reports for encroachment and/or development projects.
Consultant shall complete other tasks deemed necessary for the accomplishment of a
complete and comprehensive outcome as described in the project objective. Consultant
shall expand on the above-noted tasks, where appropriate, and provide suggestions
which might lead to efficiencies and enhance the results or usefulness of the work.
Deliverables
As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City.
1. Memorandum with detailing findings and recommendations shall be completed in
a timely manner to allow review by the Public Works Director or their designee and
subsequent response to the applicant within 10 business days of encroachment or
development permit submittal and within 5 business days of each resubmittal.
2. A monthly summary memorandum to include a list of documents, key comments,
and status.
3. Electronic and hard copy of the files generated during the review process.
City staff may request that check-sets or working versions of documents be submitted for
ongoing routine review. City staff will review all deliverables, including preparatory or
record materials for service deliverables, and provide comments. Consultant is required
to revise draft deliverables to address City staffs’ comments.
C-5
Page 6 of 10
City of Rancho Palos Verdes
RFP - Public Works Permit Review
May 1, 2024
V. PRELIMINARY PROJECT SCHEDULE
A. RFP Schedule
Request for Proposal available May 1, 2024
Request for Clarification due May 8, 2024
Proposals due May 22, 2024
Firm Interviews (if necessary) May 29, 2024
Anticipated Notice of Award May 31, 2024
B. Anticipated Project Schedule
Start Date June 24, 2024
Please note that this schedule is preliminary. It is included to provide the Consultant with
a sense of the expected timeline for the Scope of Service and emphasize the urgent
nature of the work and the City’s expectation that the Scope of Services will be completed
as quickly as possible. The ideal Consultant candidate will have available resources and
personnel, either in-house or under subcontract, to ensure the completion of the Scope
of Services at the earliest possible time.
VI. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
1. Only one proposal per firm will be considered.
2. The submittal should be typed and as brief as possible while adequately describing
the qualifications of the firm. The final submittal shall be sent as a PDF via email
to Brandon Mesker, Associate Engineer at bmesker@rpvca.gov.
3. The proposing firm shall submit the following information with the package,
including the same information for subcontractors, in the following format:
a. Cover Letter: Provide the name, address, and phone number of the firm;
the present staff (size, classification, credentials); the primary contact’s
name, phone number, and email address; any qualifying statements or
comments regarding the proposal; and identification of any sub-consultants
and their responsibilities. Identify the firm’s type of organization (individual,
partnership, corporation), including names and contact information for all
officers, and proof that the organization is currently in good standing. The
signed letter should also include a paragraph stating that the firm is unaware
of any conflict of interest in performing the proposed work. (No more than
two pages)
b. Approach to Scope of Services: Re-state the Scope of Services with any
additions, expansions, clarifications, or modifications that the firm proposes
in order to provide the services and produce the deliverables contained in
this RFP. Describe how completing the Scope of Services will be
C-6
Page 7 of 10
City of Rancho Palos Verdes
RFP - Public Works Permit Review
May 1, 2024
approached and any cost-saving or value-adding strategies or innovations
the firm will bring to the project. (No more than two pages)
c. Organization and Staffing: Identify the person who will be the Project
Manager and primary contact person responsible for the overall delivery of
the project. Provide an organizational chart of the project team that clearly
delineates communication and reporting relationships among the project
staff and among the sub-consultants involved in the project. Identify key
personnel to perform work in the various tasks and include major areas of
subcontracted work. Indicate the expected contributions of each staff
member in time as a percentage of the total effort. Specifically show the
availability of staff to provide the necessary resource levels to meet the
City’s needs. Indicate that the Project Manager and key staff will remain
assigned to this project through completion of the Scope of Services. (No
more than two pages)
d. Staff Qualifications and Experience: Describe qualifications of the assigned
staff and sub-contractors including relevant technical experience. Staff
assigned to complete the Scope of Services must have previous experience
in providing the necessary services as described under the Scope of
Services. A registered Professional Engineer must be the Project Manager.
Description of Consultant’s experience should include:
• Prior Experience: Demonstrate that the firm has significant
experience providing services similar to those described under the
Scope of Services. (No more than two page)
• Staff Qualifications: Provide resumes for the Project Manager and
any other key staff members to be assigned to contribute to the
Scope of Services, with an emphasis on similar services which they
provided to other agencies. (No more than ten pages)
• Reference Projects: Include at least three projects with similar scope
of services performed by the project team within the past three years
and indicate the specific responsibilities of each team member on the
reference project. Provide contact information for each client. (No
more than ten pages)
e. Quality Control Plan: Describe the quality control procedures and
associated staff responsibilities which will ensure that the deliverables will
meet the City’s needs. (No more than one page)
f. Acceptance of Conditions: State the offering firm’s acceptance of all
conditions listed in the Request for Proposal (RFP) document and Sample
Professional Services Agreement (Attachment D). Any exceptions or
suggested changes to the RFP or Professional Services Agreement (PSA),
including the suggested change, the reasons therefore and the impact it
C-7
Page 8 of 10
City of Rancho Palos Verdes
RFP - Public Works Permit Review
May 1, 2024
may have on cost or other considerations on the firm’s behalf must be stated
in the proposal. Unless specifically noted by the firm, the City will rely on the
proposal being in compliance with all aspects of the RFP and in agreement
with all provisions of the PSA. (No more than one page)
VII. SUBMISSION OF PROPOSAL
A. Request for Clarification
Requests for clarification of the information contained herein shall be submitted in
writing prior to 4:30 pm on May 8, 2024. Responses to any clarification question
will be provided to each firm from which proposals have been requested. It is highly
recommended that the prospective consultant firms visit the City to view the project
location prior to submitting a request for clarification.
B. Confirmation Email
Upon submission of proposal to the City, the proposing firm shall request an email
confirmation that the proposal was received and retain the email as a record. If an
email confirmation is not received, the proposing firm shall correspond with the
City until a confirmation is received.
VIII. EVALUATION AND SELECTION PROCESS
1. Proposals Will be Evaluated Based on the Following Criteria:
a. Approach to Scope of Services (30%)
• Understanding of the Scope of Services as demonstrated by the
thoroughness of the proposal, introduction of cost-saving or value-
adding strategies or innovations (including those applying to overall
project schedule), and an overall approach most likely to result in the
desired outcome for the City.
b. Staff Qualifications and Experience (35%)
• Relevance of experience of the proposing firm (to provide support
resources to the project team)
• Relevance of experience and strength of qualifications of the Project
Manager
• Relevance of experience and strength of qualifications of the key
personnel performing the work
• Relevance of referenced projects and client review of performance
during those projects
c. Organization and Staffing (20%)
• Availability of key staff to perform the services throughout the
duration of the project
C-8
Page 9 of 10
City of Rancho Palos Verdes
RFP - Public Works Permit Review
May 1, 2024
• Assignment of appropriate staff in the right numbers to perform the
Scope of Services
• Appropriate communication and reporting relationships to meet the
City’s needs
d. Quality Control (15%)
• Adequate immediate supervision and review of staff performing the
work as well as appropriate independent peer review of the work by
qualified technical staff not otherwise involved in the project.
2. Selection Process
An evaluation panel will review all proposals submitted and select the top
proposals. The panel will select the proposal, if any, which best fulfills the City’s
requirements. The City will then further refine the scope and schedule with that
firm and request a fixed cost fee proposal. The City will negotiate the fee with that
firm. The City reserves the right to negotiate special requirements and proposed
service levels using the selected proposal as a basis. If the City is unable to
negotiate an agreeable fee for services with the top firm, the City will negotiate with
the next firm chosen among the top firms.
3. Award Notification
The City will notify all proposers in writing of the outcome of the selection process
and intent to award. This RFP does not commit the City to award an agreement,
nor pay any costs incurred in the preparation and submission of the proposal in
anticipation of an agreement. The City reserves the right to reject any or all
proposals, or any part thereof, to waive any formalities or informalities, and to
award the agreement to the proposer deemed to be in the best interest of the City
and the Department.
4. Award of Agreement
The selected firm shall be required to enter into a written agreement (see sample
City agreement in Attachment A) with the City, in a form approved by the City
Attorney, to perform the Scope of Services. This RFP and the proposal, or any part
thereof, may be incorporated into and made a part of the final agreement; however,
the City reserves the right to further negotiate the terms and conditions of the
agreement with the selected consultant. The agreement will, in any event, include
a maximum "fixed cost" to the City.
C-9
Page 10 of 10
City of Rancho Palos Verdes
RFP - Public Works Permit Review
May 1, 2024
Attachment A
C-10
01203.0001/835260.1 %
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
C-11
01203.0001/835260.1
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and
entered into on , 2022 by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and , a [form of company]
(“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or
“Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the “Scope of Services”, as stated in the Proposal, attached
hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein
as the “services” or “work” hereunder. As a material inducement to the City entering into this
Agreement, Consultant represents and warrants that it has the qualifications, experience, and
facilities necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be both of good quality as well as fit for the purpose
%C-12
01203.0001/835260.1 %
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
C-13
01203.0001/835260.1 %
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.”
C-14
01203.0001/835260.1 %
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.
C-15
01203.0001/835260.1 %
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.
C-16
01203.0001/835260.1 %
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed $XXX (____________________ Dollars) (the “Contract
Sum”), unless additional compensation is approved pursuant to Section 1.9. Annual
compensation shall not exceed $___________ (_____________ Dollars).
2.2 Method of Compensation.
(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.
C-17
01203.0001/835260.1 %
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
C-18
01203.0001/835260.1 %
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 exceeding
[INSERT PERFORMANCE PERIOD] from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit “D”). The City may, in its discretion, extend the Term by
[INSERT NUMBER OF EXTENSIONS IF APPLICABLE] additional [INSERT DURATION
OF EXTENSIONS IF APPLICABLE]-year terms.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only the personnel included in the Proposal to perform services pursuant to this Agreement.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
C-19
01203.0001/835260.1 %
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be _____________________ or such person as may be
designated by the [DEPARTMENT HEAD]. It shall be the Consultant’s responsibility to assure
that the Contract Officer is kept informed of the progress of the performance of the services and
the Consultant shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer. The Contract Officer shall have authority, if specified in
writing by the City Manager, to sign all documents on behalf of the City required hereunder to
carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. In addition, neither this Agreement nor any interest herein
may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation
of law, whether for the benefit of creditors or otherwise, without the prior written approval of
City. Transfers restricted hereunder shall include the transfer to any person or group of persons
C-20
01203.0001/835260.1 %1
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.
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”.
C-21
01203.0001/835260.1 %1
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
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
C-22
01203.0001/835260.1 %1
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
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.
C-23
01203.0001/835260.1 %1
(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.
(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.
C-24
01203.0001/835260.1 %1
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
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.
C-25
01203.0001/835260.1 %1
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
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
C-26
01203.0001/835260.1 %1
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.
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.
C-27
01203.0001/835260.1 %1
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
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.
C-28
01203.0001/835260.1 %1
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
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.
C-29
01203.0001/835260.1 %
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.
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.
C-30
01203.0001/835260.1 %2
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.
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,
C-31
01203.0001/835260.1 %2
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 _______
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]
C-32
01203.0001/835260.1 %
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
, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
C-33
01203.0001/835260.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
%C-34
01203.0001/835260.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
%C-35
01203.0001/835260.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I.Consultant will perform the following Services:
A.[COPY AND PASTE FROM PROPOSAL, OR INSERT SCOPE OF WORK
PAGES]
II.As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A.
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:
A.
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.
A.
V.Consultant will utilize the following personnel to accomplish the Services:
A.
C-36
01203.0001/835260.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
C-37
01203.0001/835260.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I.Consultant shall perform the following tasks at the following rates:
RATE TIME SUB-BUDGET
A. __________ __________ __________ __________
B. __________ __________ __________ __________
C. __________ __________ __________ __________
D. __________ __________ __________ __________
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.
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.
C-38
01203.0001/835260.1 D-1
EXHIBIT “D
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
Days to Perform Deadline Date
A. Task A ______________ ______________
B. Task B ______________ ______________
C. Task C ______________ ______________
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A.
B.
C.
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.
C-39