1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Carla Dillon, P.E., Public Works Director
MEETING DATE: November 7, 2023
SUBJECT: As-Needed Engineering and Land Development Services ______________________________________________________________________
RECOMMENDATION
1) Approve a Professional Services Agreement with Transtech Engineers, Inc. for As-Needed Engineering and Land Development Services for an amount of $125,000.00 per year for up to four years with a 20% contingency of $25,000 per year for four years; 2) Appropriate $150,000 to 100-605.5340.000; and 3) Authorize the City Manager to execute the Agreement.
BACKGROUND
The City uses a combination of services from LA County, a private consulting firm, and in-house staff to perform reviews of private development plans, land development, low impact development, model water efficient landscape, inspections, and other miscellaneous engineering services and review services. The firm currently providing these services to the City is closing and will no longer be able perform these reviews on the City’s behalf.
To ensure the City is able to continue to perform these required reviews, a Request for Proposals (RFP) for As-Needed Engineering and Land Development Services was issued on August 30, 2023, by posting it on the City’s website. Five (5) proposals were received on September 20, 2023, and were evaluated by staff based on criteria established in the RFP. After an in-depth review of the proposed engineering team qualifications and experience with similar projects, and recent relevant project experience from all the proposing firms, staff interviewed the two (2) highest ranking companies to determine which company could best provide service for the City.
The two (2) companies were evaluated based upon relevant project experience in delivering similar services for municipalities and fit with the City’s unique characteristics Item No. 7g
CITY OF LOMITA
CITY COUNCIL REPORT
2 and needs. Transtech Engineers, Inc. received the highest rankings as they possessed the best overall scope of work and understanding of the City’s needs as outlined in the RFP. Therefore, staff recommends using the services of Transtech Engineers, Inc. to provide as-needed engineering and land development services.
FISCAL IMPACT
The agreement proposes a budget of $150,000 for these services. The costs of these reviews are recovered through fees charged to developers during the entitlement process.
OPTIONS
1. Approve staff’s recommendation.
2. Provide alternative direction.
ATTACHMENTS
1. Professional Services Agreement
Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
_______________________
Carla Dillon, P.E.
Public Works Director
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF LOMITA AND TRANSTECH ENGINEERS, INC.
This AGREEMENT for ENGINEERING AND LAND DEVELOPMENT SERVICES is entered into this 7th day of November 2023, by and between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and TRANSTECH ENGINEERS, INC. (“CONTRACTOR”).
R E C I T A L S
A. CITY does not have the personnel able and/or available to perform the services required under this agreement.
B. Therefore, CITY desires to contract out for As-Needed Engineering and Land Development Services.
C. CONTRACTOR warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. CITY desires to contract with CONTRACTOR to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, CITY and CONTRACTOR agree as follows:
1. CONSIDERATION AND COMPENSATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As an additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement.
C. As additional consideration, CITY agrees to pay CONTRACTOR an amount of $125,000.00 per year, the CONTRACTOR’s estimated costs of its services, unless otherwise specified by written amendment to this Agreement. The City Council has also approved an additional 20% of these estimated costs, or up to $25,000.00, for unexpected contingencies, or a total, not-to-exceed amount of $150,000.00 per year. If CONTRACTOR incurs expenses exceeding its estimated costs of $125,000.00, the CONTRACTOR must request such expenses in writing, and the CITY’s City Manager or his designee must approve of such requests, for Attachment No. 1
CONTRACTOR to receive compensation for those costs.
D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.
E. CONTRACTOR shall submit to CITY, by not later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONTRACTOR all uncontested amounts set forth in the CONTRACTOR'S bill within 30 days after it is received.
2. SCOPE OF SERVICES.
A. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.
If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
B. Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.
3. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period.
4. TIME OF PERFORMANCE. The services of CONTRACTOR are to commence upon receipt of a notice to proceed from CITY and shall continue until all authorized work is completed to CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by CITY.
5. FAMILIARITY WITH WORK. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
6. KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement are Okan Demirci and Azita Fakoorbayat. CONTRACTOR shall not assign other persons to be in charge of the work contemplated by this Agreement without the prior written authorization of CITY.
7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on November 7, 2026 with an option to
extend for twelve (12) if agreed to by both parties, unless earlier termination occurs under Section 14 of this Agreement or extended in writing in advance by both parties.
8. BEST MANAGEMENT PRACTICES AND TRAINING. The contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The contractor shall certify they have received all applicable training to implement the requirements in Municipal NPDES Permit No.
CAS004004 and shall provide documentation to that effect.
9. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum, and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with the written agreement between the parties.
10. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.
11. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all permits, licenses, and certificates that may be required by local, state, and federal laws in connection with the performance of services under this Agreement, including a business license as specified in Title VI, Chapter 2 of the Lomita Municipal Code.
12. LAWS AND REGULATIONS; EMPLOYEE/LABOR CERTIFICATION.
CONTRACTOR shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. CONTRACTOR shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for CITY to terminate the Agreement for cause.
13. PREVAILING WAGE.
A. Prevailing Wage. CONTRACTOR is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws.
Upon request, CITY shall provide CONTRACTOR with a copy of the prevailing
rates of per diem wages in effect at the commencement of this Agreement.
CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request and shall post copies at the CONTRACTOR’S principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and CONTRACTOR shall therefore comply with such Labor Code sections to the fullest extent required by law.
CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
B. Registration/DIR Compliance. If the services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, CONTRACTOR and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). CONTRACTOR shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’S sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against CONTRACTOR or any subcontractors that affect CONTRACTOR’S performance of services, including any delay, shall be CONTRACTOR’S sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay and shall not be compensable by CITY.
CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.
C. Labor Certification. By its signature hereunder, CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
D. Employment of Apprentices. CONTRACTOR and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project
entered into between the CONTRACTOR and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by CONTRACTOR on the project shall be returned to CITY. The CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
F. CONTRACTOR agrees to bind every subcontractor to the terms of the Agreement as far as such terms are applicable to subcontractor’s portion of the work.
CONTRACTOR shall be as fully responsible to CITY for the acts and omissions of its subcontractor and of persons either directly or indirectly employed by its subcontractor, as CONTRACTOR is for acts and omissions of persons directly employed by CONTRACTOR. Nothing contained in these Agreement shall create any contractual relationship between any subcontractor and CITY.
14. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.
B. CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
C. In the event of such termination, CONTRACTOR shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
15. INDEMNIFICATION.
A. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation.
CONTRACTOR shall promptly pay any final judgment rendered against CITY
(and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
B. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 20, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
16. ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.
CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
17. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that THE CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which it is performed. THE CONTRACTOR will be free to contract for similar service to be performed for other employees while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.
18. AUDIT OF RECORDS.
A. THE CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.
CONTRACTOR agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
B. CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
19. CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by CITY to implement said corrective measures. Failure of
CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.
20. INSURANCE REQUIREMENTS.
A. CONTRACTOR, at CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. CONTRACTOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against CITY, its officers, agents, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY.
2. General Liability Coverage. CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Liability Coverage. CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from CONTRACTOR’S operations under this Agreement, whether such operations be by CONTRACTOR or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated.
Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as follows. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”
2. This policy shall be considered primary insurance as respects CITY, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by CITY, including any self-insured retention CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by CITY.
C. CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement.
CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by CITY. At CITY’s option, CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. CONTRACTOR shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with CITY on or before commencement of performance of this Agreement. Current certification of
insurance shall be kept on file with CITY at all times during the term of this Agreement.
F. Failure on the part of CONTRACTOR to procure or maintain the required insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 14 above.
G. The commercial general and automobile liability policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’S behalf upon CONTRACTOR’S failure or refusal to do so to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
21. USE OF OTHER CONTRACTORS. THE CONTRACTOR must obtain CITY’s prior written approval to use any Contractors while performing any portion of this Agreement. Such approval must include approval of the proposed Contractor and the terms of compensation.
22. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR of the final payment made under this Agreement shall operate as and be a release of CITY from all claims and liabilities for compensation to the CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONTRACTOR, its employees, sub-Contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONTRACTOR, its employees, sub-Contractors and agents.
23. CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during the CITY’S review of CONTRACTOR’S report or plans. Should the CONTRACTOR fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONTRACTOR. In addition to all other available remedies, CITY may deduct the
cost of such correction from any retention amount held by CITY or may withhold payment otherwise owed CONTRACTOR under this Agreement up to the amount of the cost of correction.
24. NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’S only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONTRACTOR
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
ATTN: City Manager
Transtech Engineers, Inc.
13367 Benson Ave.
Chino, CA 91710
ATTN: Ahmad Ansari
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
26. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid, nor has it agreed to pay any company or person, other than CONTRACTOR’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.
27. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the CONTRACTOR’s or CITY’s obligations under this Agreement.
28. INTERPRETATION. This Agreement was drafted in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
29. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
30. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
31. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city administrator, or designee, may execute any such amendment on behalf of CITY.
32. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission, scanned and delivered via electronic mail, or delivered using digital signature technology approved by CITY. Such facsimile or electronic signatures will be treated in all respects as having the same effect as an original signature.
33. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
34. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
35. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
36. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload,
experience in dealing with private Contractors, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
37. DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “contractor” for the purposes of the California Political Reform Act because CONTRACTOR’S duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were CONTRACTOR employed by CITY. CONTRACTOR hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’S Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to the Contractor commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.
City Initials ______
Contractor Initials ______
OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “contractor” for the purpose of the California Political Reform Act because CONTRACTOR’S duties and responsibilities are not within the scope of the definition of contractor in Fair Political Practice Commission Regulation 18700.3(a)(2) and is otherwise not serving in staff capacity in accordance with CITY’S Conflict of Interest Code.
City Initials ______
Contractor Initials ______
[signatures on following page]
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF LOMITA CONTRACTOR
Ryan Smoot, City Manager By: Ahmad Ansari, Principal
ATTEST:
Kathleen Horn Gregory, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
CITY OF LOMITA
REQUEST FOR PROPOSALS
(RFP)
FOR AS-NEEDED, ENGINEERING AND LAND
DEVELOPMENT SERVICES
RFP DEADLINE
SEPTEMBER 20, 2023
1:00 P.M.
TABLE OF CONTENTS
SECTION I
GENERAL INFORMATION.........................................................................................................................1
SECTION II
GENERAL REQUIREMENTS.......................................................................................................................3
SECTION III
SCOPE OF SERVICES..............................................................................................................................9
SECTION IV
SELECTION OF CONSULTANTS ...........................................................................................................16 Attachment A - Professional Services Agreement (sample) 1 SECTION I
GENERAL INFORMATION
A. INTRODUCTION / BACKGROUND
The City of Lomita is requesting proposals from qualified and experienced civil engineering firms to provide as needed engineering and land development services.
The City of Lomita has a total area of 1.9 square miles and a population of nearly 21,000 residents. The City has the following features:
• The City owns and/or operates a water distribution system for the purpose of delivering potable water to its customers within the Water Replenishment District of Southern California (WRD)’s boundaries.
• The City has approximately 4.2 miles of arterial streets and 29 miles of local streets.
Combined the total network consists of approximately 33.2 miles of streets. • The Public Works Department manages the City’s sanitary sewer collection system which serves the residents. The City’s local sewers discharge into the County Sanitation Districts of Los Angeles County facilities for conveyance, treatment and disposal.
• The City owns and maintains several facilities, buildings and parks. • Caltrans has jurisdiction over Pacific Coast Highway and Western Avenue through Lomita.
B. PROJECT DESCRIPTION
The purpose of this Request for Proposal (RFP) is to seek Consultant qualifications, capabilities and approach to provide Engineering and Land Development Services for the City of Lomita. The project types will typically be comprised of land development projects and City review of the work.
For development projects, it is anticipated that the City will charge the developer for cost recovery.
The purpose of this RFP is to retain one or more consulting firms to provide the City with Engineering and Land Development Services and appropriate documentation and workflow methodology in the most cost-effective manner possible.
The contract will be regulated according to the provisions of all Federal, State and local 2 laws and ordinances that are applicable. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. Please refer to the Professional Service Agreement (PSA) - Attachment A.
C. SCHEDULE
A tentative schedule is included below.
MILESTONE DATE(S)
Issue Request for Proposals August 30, 2023
Last Date for Questions September 12, 2023 at 1 P.M.
Latest Response Date from City on
Questions
September 14, 2023
Submit Proposals September 20, 2023 at 1 P.M.
Conduct Interviews (optional) September 25 – October 6, 2023 Recommend Firm(s) Selection to the
City Council
October 17, 2023
Notice to Proceed October 23, 2023
3 SECTION II
PROPOSAL REQUIREMENTS
A. GENERAL
The proposal must be concise, well organized and demonstrate your firm’s team qualifications and experience related to this project. The proposal shall be printed on 8½" x 11" pages and include resumes, past experience, graphs, tables, etc, and shall not exceed thirty (30) total pages with text and/or graphics including cover page, cover letter, resumes, and appendices. It must include the following:
I. Cover Letter: The cover letter, on company letterhead, should be signed by an officer of the firm authorized to bind the firm to all comments made in the proposal, and shall include the name, address, email, and phone number of the person(s) to contact who will be authorized to represent your firm and sign a contract. In addition, the cover letter must state the legal name of the firm and acknowledge receipt of any and all addenda issued in association with this RFP.
II. Qualification and Experience: The proposed Consultant shall have a minimum of 5- year experience working in engineering and land development services.
Provide sufficient evidence of Consultant’s and key personnel’s qualifications to perform the work. This information shall disclose and include all pertinent facts as may be appropriate and shall include at least a description of past performance on projects of similar type, scope and size; project team members who worked on each project and their roles and percentage commitment of time on the project; and any other pertinent information to demonstrate experience on similar assignments.
Provide a statement regarding Consultant’s ability to complete the work in a timely and professional manner. To demonstrate LID and MWELO experience, include sample inspection reports with deficiencies (redact identifying client/developer information).
The key project team members must be familiar with the Standard Specifications for Public Works Construction (SSPWC “Green book”), City of Lomita Standards, industry standards, LA County, State, and Federal requirements related to services as well as the Caltrans Standard Specifications.
Qualifications and experience to be shown in the proposal shall include, but not be limited to, the following:
• Project organization chart
• Identification of experience of principal staff members, including major subconsultants. Resumes of principal staff should not exceed one page per person. • Identify the availability of your team and the percentage of current workload of staff that would be committed to this project, including sub-consultants. 4 • Experience of the firm, the team and subconsultants on similar projects. • Scope of Work and Project Approach: The Consultant shall include in its proposal a scope of work and understanding of the process to undertake the kind of projects specified above and complete them in compliance with all applicable rules, regulations, standards and requirements. Include a description of your firm's quality/control (Q/C) and quality/assurance (Q/A) procedures that will be used for the Project.
III. Consultant shall submit a Rate Schedule in a SEPARATE SEALED ENVELOPE marked “Rate Schedule” with the Project title. The proposed Rate Schedule shall include all tasks that are typically required in this type of municipal engineering project. Any proposed subconsultant shall also be included in the Rate Schedule.
The Consultant and all sub-consultants shall not be compensated by the City for any time spent on commuting to or from the Project site and other peripheral work not directly performed as a result of the Project.
The City may short-list the candidates and interview the top candidate for the project.
IV. Prevailing wages will apply if the services to be performed will involve materials sampling and testing, inspection work, environmental hazardous materials and so forth. California State Prevailing Wage information is available through the California Department of Industrial Relations web site at:
http://www.dir.ca.gov/dlsr/statistics_research.html
B. EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a proposal, Consultant represents that it has thoroughly examined and become thoroughly familiar with the work required under this RFP and has the staffing and resources capable of performing quality work to achieve the City’s objectives.
C. ADDENDA
Any changes to the requirements will be made by written addendum to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. City will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions.
Consultants shall acknowledge receipt of addenda in their proposals.
D. QUESTIONS AND ADDITIONAL INFORMATION:
Questions relating to this RFP shall be emailed to [email protected] no later than 1:00PM Thursday September 14, 2023. No pre-proposal meeting will be held. 5 E. PROPOSAL SUBMITTAL:
One (1) electronic PDF copy of the proposal shall be emailed to the Public Works Department at: [email protected] with Proposal for Engineering and Land Development Services in the email Title.
The Rate Schedules shall be emailed separately to: [email protected] with Rate Schedule for Engineering and Land Development Services in the email Title.
Late submittals may not be accepted. All proposals received will become the property of the City of Lomita.
The proposal must be signed by an official authorized to bind the submitter to its provisions.
Each proposal must remain valid for at least 90 days from the due date of this RFP.
F. INSURANCE REQUIREMENTS
The successful Consultant shall procure and maintain, for the duration of the contract, insurance policies as listed in Section 17 - Insurance Requirements of the attached sample Professional Service Agreement (PSA).
G. SELECTION CRITERIA:
Responses to this RFP will be evaluated using a point rating system, as shown in Section IV. The evaluation will be completed by a selection committee composed of staff from the Public Works Department.
H. CHANGES IN THE RFP:
Should any prospective proposer be in doubt as to the true meaning of any portion of this RFP, or should the proposer find any ambiguity, inconsistency, or omission therein, the Proposer shall make a written request for an official interpretation or correction. Such requests must be received by the Public Works Department not less than five (5) working days prior to the final date of submittal of the proposals.
Such interpretation or correction, as well as any additional RFP provisions that the City may decide to include, will be made only as an official addendum, and will be sent to each firm recorded as having received a copy of the RFP. Any addendum issued by the City shall become part of the RFP and will be incorporated into the proposal. Addenda will be posted on the City’s website.
I. DISCLOSURES:
Under the Freedom of Information Act (Public Act 442), the City is obligated to permit review of its files, if requested by others. All information in a submitter’s proposal is subject to disclosure under this provision. This act also provides for a complete disclosure of contracts and attachments thereto.
6 J. POST-SUBMITTAL PROCEDURES:
After reviewing and evaluating the proposals that are received, the City will select one or more firms with whom it will negotiate a Professional Services Agreement (PSA). A sample of the standard PSA is included in Attachment A. Those who wish to submit a proposal to the City are required to carefully review the Professional Services Agreement.
The PSA will include a Scope of Services and Rate Schedule, both of which may be modified by mutual consent during the negotiation phase. The Insurance Requirements outlined in the PSA may not be revised or changed. Prior to its final execution by the selected firm and the City, the PSA must be submitted to, and approved by, City Council and/or the City Manager.
The City reserves the right to award the total proposal, to reject any and all proposals in whole or in part, and to waive any informality or technical defects if, in the City’s sole judgment, the best interests of the City will be so served.
K. COST LIABILITY:
The City of Lomita assumes no responsibility or liability for costs incurred by the Consultant prior to the execution of a Professional Services Agreement. The liability of the City is limited to the terms and conditions outlined in the Agreement.
L. INVOICES:
Consultant shall submit invoice(s) at the end of each month for the work performed. Each invoice at a minimum shall include the following information:
1. Project name and location;
2. Period for which invoice is submitted;
3. Invoice number;
4. Task name;
5. Balance remaining and percent completed for each task;
6. Total project budget and remaining balance;
7. Each employee’s name, hours of work, date worked, rate, and total charge,
8. Invoices must be accompanied by payroll and any other supporting documents that will be necessary to expedite the review and approval process.
M. RELATED EXPERIENCE AND REFERENCES FOR CONSULTANT:
This section of the proposal should establish the ability of Consultant to satisfactorily perform the required work by reasons of: experience in performing work of the same or similar nature; demonstrated experience working with local agencies and cities directly involved in this project; strength and stability of the Consultant; staffing capability; work load; record of meeting schedules on similar projects; and supportive client references. 7 Equal weighting will be given to firms for past experience performing work of a similar nature whether with the City or elsewhere.
Consultant to:
(1) Describe the firm's experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project.
(2) Provide a list of past joint work by the Consultant and each subcontractor, if applicable. The list should clearly identify the project and provide a summary of the roles and responsibilities of each party.
(3) A minimum of five (5) references should be given. Furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. Consultant may also supply references from other work not cited in this section as related experience.
N. PROPOSED PROJECT APPROACH AND ABILITY TO PROVIDE REQUESTED SERVICES:
This section of the proposal should establish the method that will be used by the Consultant to manage the project as well as identify key personnel assigned. Proposed Staffing and Organization are to be presented by Consultant for project segments identified in the Scope of Services.
Consultant to:
(1) Provide education, experience and applicable professional credentials of project staff. Include applicable professional credentials of “key” project staff. (2) Furnish brief resumes for the proposed key personnel. (3) Identify key personnel proposed to perform the work in the specified tasks and include major areas of subcontract work. Include the person's name, current location, and proposed position for this project, current assignment, and level of commitment to that assignment, availability for this assignment and how long each person has been with the firm.
(4) Include a project organization chart that clearly delineates communication/reporting relationships among the project staff, including sub-consultants.
Include a statement that key personnel will be available to the extent proposed for the duration of the project, acknowledging that no person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the City Engineer. 8 O. GUIDELINES DURING PANDEMICS
Consultants/contractors shall comply with all local, state and federal laws and regulations including, but not limited to, the Governor’s and Los Angeles County Health Officer’s orders and guidance related to pandemics, social distancing, and best practices.
Consultants/Contractors are required to check with the latest guidelines of the Los Angeles County Public Works and the Los Angeles County Public Health for construction sites during pandemic
Disclosure: Consultants shall disclose in their responses to any Request for Proposals whether they have been the subject of any legal investigation by County, State, and/or Federal agencies within the past 5 years. If so, each responding consultant shall identify the agency and contact person, the nature of the investigation and any determination over outcome of said investigation. Noncompliance with this section shall result in rejection of the Proposal, but a consultant’s disclosure of any such investigation (even one which resulted in a determination that was adverse to the consultant) will not automatically result in rejection of the Proposal. The occurrence, nature, underlying facts and outcome of any such investigation are not by themselves determinative but are simply included among many factors that will be considered by the City in evaluating Proposals. 9 SECTION III
SCOPE OF SERVICES
A. DESCRIPTION:
The City is seeking the following services:
I. General
a. Attend City Council, Planning Commission, Water Subcommittee, Public Safety and Traffic Commission, and other meetings as requested. b. Provide plan review/check, recommend approval to City Engineer, permit issuance, and inspection.
c. If requested, perform work on-site at City Hall for up to two half days per week. d. Understand city department practices and city ordinance. e. Work within the City’s on-line application, OpenGov, for document review and comment.
II. Land Development
a. Review tentative subdivision maps, for conformance with local and state ordinances and laws.
b. Provide written conditions for tentative maps.
c. Review lot mergers or lot ties.
d. Review lot line adjustments.
e. Review legal descriptions for accuracy.
f. Review subdivision final maps and improvement plans. g. Review or create legal descriptions and exhibits for easements or dedications.
III. Civil Engineering: Plan Review, Plan Check, and Grading & Drainage Inspections
a. Review grading, utility, right-of-way plans for conformance with City, County, State, and Federal requirements, as well as industry standards b. Attend pre-permit issuance meeting with property owner. c. Conduct field inspections.
d. Provide field inspection reports.
e. For drawings, provide comments, notes for correction, and recommend approval for City staff.
f. For field activities, recommend notices of deficiency or completion and acceptance of the work.
g. Finalize grading permits.
10 IV. LID
a. Provide LID review, inspection and final report issuance. b. Maintain records for the City’s NPDES/MS4 reporting purposes. c. Be familiar with the LID requirements.
d. Review and verify the hydrology and storm water requirements, and inspections.
V. MWELO
a. Review and approve landscape and irrigation plans in accordance with Model Water Efficient Landscape Ordinance (MWELO) requirements or other regional/local requirements.
b. Inspect installed landscape and irrigation.
c. Test the irrigation system and certify the landscape irrigation audit (desired). d. Maintain records for City reporting requirements.
VI. Miscellaneous Services
a. Review of traffic circulation patterns, parking designs/layout, signage, striping, marking and minor changes to existing facilities.
b. Perform surveying, and install monuments as needed.
c. Conduct traffic studies and provide recommendations on various traffic control elements.
d. Provides traffic engineering services including development of reports with recommendations for consideration by the City.
e. Provide technical advice and assistance to City related to Public Works activities such as materials of construction, water treatment and distribution, paving, traffic control, soils, design and construction cost estimates. a. Other miscellaneous tasks, as needed, based on project requirement.
B. Time of Performance:
The term of this work shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the by the parties. The initial contract shall be for a thirty six (36) month period and shall, at the City’s option and upon mutually agreeable terms, be renewed thereafter for an additional twelve (12) month period.
11 SECTION IV
SELECTION OF CONSULTANTS
The proposals will be evaluated and scored based on the following criteria:
A. STAFF QUALIFICATIONS - 35 points
Identify individuals who will be assigned to this project by name, title and their role on this project. Show where these personnel will be physically located during the time they are engaged in the work. Indicate which of these individuals you consider key to the successful completion of the project. Resumes or qualifications are required for proposed project personnel who will be assigned to the project. Qualifications and capabilities of any sub- consultants shall be included.
B. PAST EXPERIENCE WITH SIMILAR PROJECTS - 35 points
The written proposal must include a list of specific experience in the project area and indicate proven ability in implementing similar projects for the firm and the individuals to be assigned to the project. Experience with Caltrans District 7 is desirable. The proposal should also indicate the ability to have projects completed within the budgeted amounts. A complete list of client references must be provided for similar projects completed within the last two years. It shall include the firms/agencies name, address, telephone number, project title, and contact person.
C. PROPOSED WORK PLAN - 20 points
A generic work plan - typical for a municipal engineering/land development project - is to be presented which outlines the overall project understanding, approach, and lists all tasks determined to be necessary to accomplish the overall scope of a typical project.
The Consultant can present in this section a sample municipal project or a project related to the ones specified above to better illustrate a work plan.
The work plan shall include, but is not to be limited to, the objectives/tasks listed in Section III of the RFP. The work plan shall define resources needed for each task and staff persons completing the project element tasks. In addition, the work plan shall include a timeline schedule depicting the sequence and duration of tasks showing how the work will be organized and executed. COMMUNICATION AND WORKFLOW.
SAMPLE PROJECT
The work plan shall be sufficiently detailed and clear to identify the progress milestones, i.e. when project elements, measures, and deliverables are to be completed.
Additional project elements suggested by the proposer that are thought to be necessary 12 for the completion of the project are to be included in the work plan and identified as proposer-suggested elements.
Identify all of those, if any, who will be subcontracted to assist you with this project, and the extent of work for which they will be responsible. Include similar reference data for subcontractors and employees as requested above for the main proposer.
Include any other information that you believe to be pertinent but not specifically asked for elsewhere.
D. COMPENSATION - 10 points
Submit a rate schedule in a separate sealed envelope with proposal.
E. AUTHORIZED NEGOTIATOR:
Please include the name and phone number of person(s) in the organization authorized to negotiate the Professional Services Agreement with the City.
ATTACHMENT A
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF LOMITA AND NAME
This AGREEMENT for Description is entered into this __ day of ___ 20__, by and between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and NAME (“CONTRACTOR”).
R E C I T A L S
A. CITY does not have the personnel able and/or available to perform the services required under this agreement.
B. Therefore, CITY desires to contract out for Description.
C. CONTRACTOR warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. CITY desires to contract with CONTRACTOR to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, CITY and CONTRACTOR agree as follows:
1. CONSIDERATION AND COMPENSATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As an additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement.
C. As additional consideration, CITY agrees to pay CONTRACTOR an amount of $xxx,xxx.xx, the CONTRACTOR’s estimated costs of its services, unless otherwise specified by written amendment to this Agreement. The City Council has also approved an additional xx% of these estimated costs, or up to $xx,xxx.xx, for unexpected contingencies, or a total, not-to-exceed amount of $xxx,xxx.xx. If CONTRACTOR incurs expenses exceeding its estimated costs of $xxx,xxx.xx, the CONTRACTOR must request such expenses in writing, and the CITY’s City Manager or his designee must approve of such requests, for CONTRACTOR to receive compensation for those costs.
D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.
E. CONTRACTOR shall submit to CITY, by not later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONTRACTOR all uncontested amounts set forth in the CONTRACTOR'S bill within 30 days after it is received.
2. SCOPE OF SERVICES.
A. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.
If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
B. Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.
3. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period.
4. TIME OF PERFORMANCE. The services of CONTRACTOR are to commence upon receipt of a notice to proceed from CITY and shall continue until all authorized work is completed to CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by CITY.
5. FAMILIARITY WITH WORK. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
6. KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is Name(s). CONTRACTOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of CITY.
7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on DATE, unless earlier termination occurs under Section 13 of this Agreement or extended in writing in advance by both parties.
8. BEST MANAGEMENT PRACTICES AND TRAINING. The contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The contractor shall certify they have received all applicable training to implement the requirements in Municipal NPDES Permit No.
CAS004004 and shall provide documentation to that effect.
9. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum, and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with the written agreement between the parties.
10. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.
11. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all permits, licenses, and certificates that may be required by local, state, and federal laws in connection with the performance of services under this Agreement, including a business license as specified in Title VI, Chapter 2 of the Lomita Municipal Code.
12. LAWS AND REGULATIONS; EMPLOYEE/LABOR CERTIFICATION.
CONTRACTOR shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. CONTRACTOR shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for CITY to terminate the Agreement for cause.
13. PREVAILING WAGE.
A. Prevailing Wage. CONTRACTOR is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws.
Upon request, CITY shall provide CONTRACTOR with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available
to interested parties upon request and shall post copies at the CONTRACTOR’S principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and CONTRACTOR shall therefore comply with such Labor Code sections to the fullest extent required by law.
CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
B. Registration/DIR Compliance. If the services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, CONTRACTOR and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). CONTRACTOR shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’S sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against CONTRACTOR or any subcontractors that affect CONTRACTOR’S performance of services, including any delay, shall be CONTRACTOR’S sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay and shall not be compensable by CITY.
CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.
C. Labor Certification. By its signature hereunder, CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
D. Employment of Apprentices. CONTRACTOR and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between the CONTRACTOR and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money
that is paid or may have been paid to a debarred subcontractor by CONTRACTOR on the project shall be returned to CITY. The CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
F. CONTRACTOR agrees to bind every subcontractor to the terms of the Agreement as far as such terms are applicable to subcontractor’s portion of the work.
CONTRACTOR shall be as fully responsible to CITY for the acts and omissions of its subcontractor and of persons either directly or indirectly employed by its subcontractor, as CONTRACTOR is for acts and omissions of persons directly employed by CONTRACTOR. Nothing contained in these Agreement shall create any contractual relationship between any subcontractor and CITY.
14. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.
B. CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
C. In the event of such termination, CONTRACTOR shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
15. INDEMNIFICATION.
A. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation.
CONTRACTOR shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State
of California and will survive termination of this Agreement.
B. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 19, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
16. ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.
CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
17. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that THE CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which it is performed. THE CONTRACTOR will be free to contract for similar service to be performed for other employees while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.
18. AUDIT OF RECORDS.
A. THE CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.
CONTRACTOR agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
B. CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
19. CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by CITY to implement said corrective measures. Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.
20. INSURANCE REQUIREMENTS.
A. CONTRACTOR, at CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. CONTRACTOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against CITY, its officers, agents, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY.
2. General Liability Coverage. CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Liability Coverage. CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from CONTRACTOR’S operations under this Agreement, whether such operations be by CONTRACTOR or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated.
Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of
California, or which is approved in writing by CITY, and shall be endorsed as follows. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”
2. This policy shall be considered primary insurance as respects CITY, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by CITY, including any self-insured retention CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by CITY.
C. CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement.
CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by CITY. At CITY’s option, CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. CONTRACTOR shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with CITY at all times during the term of this Agreement.
F. Failure on the part of CONTRACTOR to procure or maintain the required insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 13 above.
G. The commercial general and automobile liability policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’S behalf upon CONTRACTOR’S failure or refusal to do so to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
21. USE OF OTHER CONTRACTORS. THE CONTRACTOR must obtain CITY’s prior written approval to use any Contractors while performing any portion of this Agreement. Such approval must include approval of the proposed Contractor and the terms of compensation.
22. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR of the final payment made under this Agreement shall operate as and be a release of CITY from all claims and liabilities for compensation to the CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONTRACTOR, its employees, sub-Contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONTRACTOR, its employees, sub-Contractors and agents.
23. CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during the CITY’S review of CONTRACTOR’S report or plans. Should the CONTRACTOR fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONTRACTOR. In addition to all other available remedies, CITY may deduct the cost of such correction from any retention amount held by CITY or may withhold payment otherwise owed CONTRACTOR under this Agreement up to the amount of the cost of correction.
24. NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’S only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONTRACTOR
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
ATTN: City Manager
Company
Address
ATTN: Signer
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
26. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid, nor has it agreed to pay any company or person, other than CONTRACTOR’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.
27. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the CONTRACTOR’s or CITY’s obligations under this Agreement.
28. INTERPRETATION. This Agreement was drafted in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
29. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
30. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
31. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city administrator, or designee, may execute any such amendment on behalf of CITY.
32. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission, scanned and delivered via electronic mail, or delivered using digital signature technology approved by CITY. Such facsimile or electronic signatures will be treated in all respects as having the same effect as an original signature.
33. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
34. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
35. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
36. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private Contractors, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
37. DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “contractor” for the purposes of the California Political Reform Act because CONTRACTOR’S duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were CONTRACTOR employed by CITY. CONTRACTOR hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’S Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to the Contractor commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.
City Initials ______
Contractor Initials ______
OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “contractor” for the purpose of the California Political Reform Act because CONTRACTOR’S duties and responsibilities are not within the scope of the definition of contractor in Fair Political Practice Commission Regulation 18700.3(a)(2) and is otherwise not serving in staff capacity in accordance with CITY’S Conflict of Interest Code.
City Initials ______
Contractor Initials ______
[signatures on following page]
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF LOMITA CONTRACTOR
Ryan Smoot, City Manager By: Signatory, Title
ATTEST:
xx-xxxxxx
Kathleen Horn Gregory, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
13367 Benson Ave
Chino, CA 91710
www.transtech.org
855.595.2495 (toll-free)
S u b m i t t e d B y :
TRANSTECH Engineers, Inc.
Contact Person for this Proposal:
Okan Demirci, PE, QSD/P
Principal Project Manager
E: [email protected]
C: 714-319-6137
Submitted To
City of LOMITA
Submittal Requirement: by email to [email protected] Technical Proposal
AS-NEEDED
ENGINEERING
AND
LAND DEVELOPMENT
SERVICES
TABLE OF CONTENTS
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
Our proposal is prepared in the format and sections specified in City’s RFP Section A. GENERAL, and limited to 30 pages).
SECTION PAGE
I. Cover Letter I.1 – I.2
II. Qualifications and Experience II.1 – I.21
A. COMPANY QUALIFICATIONS II.1
B. STAFF QUALIFICATIONS II.4
C. SIMILAR PROJECTS EXPERIENCE II.9
D. SERVICE APPROACH II.13
E. REFERENCES II.15
F. LINKS TO SAMPLE PLAN CHECK AND INSPECTIONS AS REQUESTED BY RFP II.21 TRANSTECH Engineers, Inc.
Okan Demirci, PE, QSD/P
Principal Project Manager
13367 Benson Ave, Chino, CA 91710
Ahmad Ansari, PE
Principal
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
I. Cover Letter I.1
September 20, 2023
City of LOMITA (Submittal Requirement: by email to [email protected]) Technical Proposal
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
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 over 33 years and is providing municipal services to approximately 75 public agencies.
Our service capabilities include:
• Building & Safety Services, Building Inspection, Plan Check, Building Evaluations, City Building Official, Code Enforcement • Civil Engineering,
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management and Grant Writing • CDBG Project Management
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and Engineering
• Water Resources Engineering
• Surveying, Mapping, ALTA, ROW Eng
• As part of City Engineering Services, we provide services related to Land development activities, conditions of approval, plan checking, and tract map review and approval.
Experience in Working with Public Agencies/Cities:
We have extensive experience working with Public Agencies/Cities in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. Several of our staff members are former City Engineers, Public Works Directors. One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers, including Land development related activities, Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities.
Transtech’s Plan Check and Inspection Capacity in numbers:
• We maintain and manage 25 electronic plan submittal portals. • In 2022, we processed and reviewed 13,000 plan sets with 96,000 documents and performed 15,000 inspections.
Electronic Plan Check:
Transtech provides Electronic Plan Check. Please click here for a sample of our electronic plan check portal at one of our contract Cities. We offer electronic plan check submittal portal to our client cities at no cost.
Virtual Counter:
We offer virtual meetings with plan checkers. Please click here to explore the virtual plan check counter appointment calendar for one of the Cities.
Expedited/Off-Business Hours/Weekend Services:
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 I. Cover Letter
www.transtech.org
855.595.2495 (toll-free)
About TRANSTECH
Video Highlight:
CLICK HERE
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
I. Cover Letter I.2
will provide additional resources to accommodate inspection requests during off business hours and weekends.
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 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. ✓ We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and conduct business.
✓ Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services.
Subconsultant:
• SOILS REPORT REVIEW SUPPORT: GEO-ADVANTEC, INC. (www.geoadvantec.com) • LANDSCAPE PLAN REVIEW AND INSPECTION SUPPORT: WITHERS & SANDGREN, LTD. (www.withersandsandgren.com) Large Pool of Well Experienced In-House Staff Readily Available:
We have a qualified team with large pool of well experienced in-house staff with diversified and extensive expertise and will be able to respond to service requests and mobilize our resources quickly.
Thank you for the opportunity to submit this proposal.
Sincerely
Okan Demirci, PE, QSD/P, Principal Project Manager Ahmad Ansari, PE, Contract Principal E: [email protected]; C: 714-319-6137 E: [email protected]; C: 949-702-5612 RFP required Statement: Transtech acknowledges receipt of all addenda.
RFP required Disclosure Statement: Transtech has not been the subject of any legal investigation by County, State, and/or Federal agencies within the past 5 years.
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.1
A. COMPANY QUALIFICATIONS
Company Profile:
Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting firm.
Transtech has been in business for over 33 years and is providing municipal services to approximately 75 public agencies.
Our service capabilities include:
• Building & Safety Services, Building Inspection, Plan Check, Building Evaluations, City Building Official, Code Enforcement • Civil Engineering,
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management and Grant Writing • CDBG Project Management
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and Engineering
• Water Resources Engineering
• Surveying, Mapping, ALTA, ROW Eng
As part of City Engineering Services, we provide services related to Land development activities, conditions of approval, plan checking, and tract map review and approval.
Currently, we are providing municipal services to approximately 75 agencies, including Building and Safety Services to several agencies:
City of Temple City
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan Review, City of Alhambra
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan Check, Permit Inspection, Design, CIP and Construction Management, PW Insp, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan Review, II. Qualifications and Experience
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.2
Inspection, Permit Technician
City of Commerce
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Tech
City of Maywood
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
✓ Building & Safety Services: Building Inspection, Permit Technician
City of Monterey Park
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
✓ Building & Safety Services: Building Official, plan check and asneeded inspection City of South Pasadena
✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Tech
City of Seal Beach
✓ Building & Safety Services: Building Official, Plan Review, Asneeded Inspection City of Azusa
✓ Building & Safety Services: Building Official, Building Plan Review, As-needed Insp
City of Rancho Palos Verdes
✓ CIP Project Management: CIP/Fed Proj Management
✓ Building & Safety Services: Plan Review, Inspection.
San Manuel Indian Reservation
✓ Building & Safety Services: Building Official, Plan Review, Inspection
San Manuel Casino
✓ Building & Safety Services: Building Official, Plan Review, Inspection
City of Manhattan Beach
✓ On-call Building & Safety Services: Plan Review
City of Hermosa Beach
✓ On-call Building & Safety Services: Plan Review
City of Norwalk
✓ On-call Building & Safety Services: Plan Review
City of La Habra
✓ On-call Building & Safety Services: Plan Review
City of Ontario
✓ CIP Management Services: Transtech is City’s Contract CIP Manager for major Public Works Projects
City of Chino
✓ CIP Management Services: Transtech is City’s Contract CIP Manager for major Public Works Projects
City of Placentia
✓ On-call PM/CM and Development/PW Plan Check: On-call
services
City of Rialto
✓ On-call Services: Traffic Engineering, PW Inspection and Permit Tech
City of Culver City
✓ On-call Engineering Services: Eng Services
City of Anaheim
Inspection, Permit Technician
City of South El Monte
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan Check, Permit Inspection, Design, CIP and Construction Management, PW Insp, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan Review, Asneeded Inspection, As-Needed Permit Technician City of West Covina
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan Check, Permit Inspection, Design, CIP and Construction Management, PW PC, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician
City of Rosemead
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan Check, Permit Inspection, Design, CIP and Construction Management, PW Insp, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Tech
City of Bell
✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician
City of Carson
✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician
✓ CIP Management and Engineering Services: Traffic Eng, Design, CIP and Construction Management, PW Insp, Fed Proj
Management
City of Cudahy
✓ Building & Safety Services: Plan Review.
✓ CIP Management and Engineering Services: Traffic Eng, Design, CIP and Construction Management, PW Insp, Fed Proj
Management
City of Hawaiian Gardens
✓ Building and Safety Services: Building Official, Plan Review, Inspection, Permit Technician
City of Downey
✓ Building & Safety Services: Plan Review, Inspection
County of Los Angeles
✓ Building & Safety Services: Plan Review, Inspection
County of Riverside
✓ Building & Safety Services: Plan Review, Inspection
San Bernardino County Housing Authority
✓ On-call Services: As-Needed Support
City of San Bernardino
✓ On-call Services: CIP Program Management, Traffic
Engineering, Constr. Management
City of El Monte
✓ On-call Services: Traffic Engineering, Construction
Management, Development Plan Check
City of Banning
✓ Public Works Plan Check: PW Plan Check and Pw Inspection Riverside County Economic Development Agency
✓ On-call Services: Eng, Building Evaluations, & Surveying City of Lancaster
✓ Traffic Engineering Services: On-call City Traffic Engineering City of Palm Desert
✓ City Traffic Engineering Services: City Traffic Engineering City of Irwindale
✓ On-call Services: Construction Management and Inspection
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.3
✓ On-call Engineering Services: Engineering Services
City of San Marino
✓ City Traffic Engineering Services: City Traffic Engineering Services
City of Lynwood
✓ On-call Services: Engineering, CIP and Construction
Management.
Experience in Working with Public Agencies/Cities:
We have extensive experience working with Public Agencies/Cities in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. Several of our staff members are former City Engineers, Public Works Directors. One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers, including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities.
Insurance:
Following is Transtech’s current Insurance Policy:
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.4
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.
B. STAFF QUALIFICATIONS
PROJECT ORGANIZATION CHART:
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. GeoAdvantec owns a certified laboratory accredited by AMRL (ASSHTO Materials Reference Laboratory), in conformity to the requirements of the AASHTO Accreditation Program (AAP), AASHTO R-18, ASTM D3740 and ASTM E329; CCRL (Cement and Concrete Reference Laboratory); Caltrans; DSA (the Department of the State Architects); Army Corp of Engineers.
Transtech uses this subconsultant in several other cities, including in West Covina. • LANDSCAPE PLAN REVIEW AND INSPECTION 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.
Primary Sr. Engineer / Project Manager
AZITA FAKOORBAYAT, PE, Sr. Engineer
She will be responsible for the services, coordinate with City staff, manage assignments and Transtech's staff members who may perform various tasks
Land Development Engineering Support Staff
DAVID RAGLAND, PE, PLS, QSD/P, QISP, Sr. Eng./Land Surveyor JOSEPH DEPERALTA, PE, QSD, Sr. Engineer
CEM AYAN, PE, ICC Plans Examiner, Sr. Engineer
CALVIN CHANG, PE, ICC Plans Examiner, Sr. Engineer
JEFFREY KAO, PE, CBO, CASp, Sr. Engineer
MICHAEL ACKERMAN, PE, QSD/P, QISP, Sr. Engineer
BAHMAN JANKA, TE, Sr. Traffic Engineer (Traffic Plan Check) ALI F. ZAGHARI, PE, PMP, Sr. Engineer, Review Support for Caltrans Permit Projects AHMAD ANSARI, PE, Contract Principal OKAN DEMIRCI, PE, QSD/P, Principal Project Manager
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.5
KEY STAFF 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.
OKAN DEMIRCI, PE, QSD, QSP, MBA, Principal Project Manager Education
• BS in Engineering
Registrations/Certifications
• Registered Civil Engineer
• Caltrans Resident Engineer Academy
Highlights
Mr. Demirci has approximately 12 years of experience. Mr. Demirci serves as Assistant Public Works Director, City Engineer, CIP Program Manager at Transtech’s Contract Cities and provides technical and management support.
Mr. Demirci completed Caltrans Resident Engineer Academy, very familiar with the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM). Mr.
Demirci works as CIP Program Manager at various Transtech’s Contract Cities and manages various capital improvement programs including state and federal funded programs. Mr. Demirci’s experience also includes working as Resident Engineer, Project Manager and Construction Manager on various projects (including federal and state funded projects). He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.
AZITA FAKOORBAYAT, PE, Sr. Engineer
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Ms. Fakoorbayat has over 30 years of experience. She has a broad knowledge of municipal government operations, including coordination and oversight of Public Works and Development Services Departments, preparation, and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.
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
• Senior Design Engineer/ Project Manager, Harding Lawson Associates Group Inc., Bellevue, Wa
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.6
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.
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.
CEM AYAN, PE, ICC Certified Plans Examiner
Education
• MS, BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer; ICC Certified Plans Examiner, Inspector Highlights
Mr. Ayan has approximately 20 years of experience in engineering and construction. He works at various Transtech Contract Cities as Plan Checker and Deputy Building Official. His experience also includes both working for a construction company as construction engineer and for consulting firms design firms as design/field construction engineer. His field construction experience includes site start-up, site grading/paving/concrete work, excavation, backfill, vertical survey, storm & wastewater collection, shallow/deep foundation, structural work, M&E, brick work, gable/hip/flat roof, interior/exterior architectural finish, and CM/PM activities.
CALVIN CHANG, PE, ICC Certified Plans Examiner
Education
• MS, BS Civil Engineering
Registrations/Certifications
• Registered Civil Engineer; ICC Certified Plans Examiner Highlights
• Chinese Cantonese and Mandarin Speaker
• Extensive experience in Structural Plan Check
Mr. Chang has 30 years of experience and has been working at Transtech as Senior Plans Examiner, OnSite Over the Counter Plans Examiner. He has performed plan checks for a variety of residential and commercial projects in Cities of Alhambra, Temple City, Huntington Park, San Manuel Indian Reservation and San Bernardino. Prior to joining Transtech, he was a Sr. Plans Examiner at the City of Burbank. Mr.
Chang has extensive experience in Building Codes, code interpretations and resolving code related construction and plan check problems on a broad range of residential and commercial projects
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.7
JEFFREY KAO, PE, CBO, CASp, Sr. Engineer
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 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.
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 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 experience covers a
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.8
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.
BAHMAN JANKA, TE, Sr. Traffic Engineer, Traffic Plan Check 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.
ALI F. ZAGHARI, PE, PMP, Sr. Engineer, Review Support for Caltrans Permit Projects Education
• MS, BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Zaghari has over 35 years of experience in Transportation Management & Operations at various capacities in the California Department of Transportation (Caltrans). His career path includes a number of key managerial positions in Caltrans leading to his last position as the Deputy District Director (DDD) for Traffic Operations at Caltrans District 7 in Los Angeles. As a member of District 7 Executive Team, Mr.
Zaghari was responsible for policy, development and implementation of the traffic operations assets and the safe mobility of all users of the State Highway System (SHS) consisting of approximately 1500 center miles of freeways and conventional highways in Los Angeles and Ventura counties. He managed an operating budget of approximately $70M encompassing both operations management and capital outlay support needs. The organization under his leadership included critical functions such as Intelligent Transportation Systems (ITS), Traffic Design, District Traffic Manager (DTM), Corridor Management, System Performance, and Encroachment Permits.
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.9
C. SIMILAR PROJECTS EXPERIENCE
Transtech’s Plan Check and Inspection Capacity in numbers:
• We maintain and manage 25 electronic plan submittal portals. • In 2022, we processed and reviewed 13,000 plan sets with 96,000 documents and performed 15,000 inspections.
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.
Engineering Plan Check and Inspection.
Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
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.
Engineering Plan Check and Inspection.
Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
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.
Engineering Plan Check and Inspection.
Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
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.
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.10
CITY OF BELL
Project: Residential Development, 6518 & 6522 Walker. (Valuation $4 m). This development includes new 14 new two-story detached single-family dwellings.
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.
Transtech serves as the City’s Contract Building Official, Plan Checker, Inspector.
SAN MANUEL BAND OF MISSION INDIANS TRIBE AND CASINO
Project: Casino Expansion/Development (Valuation $700 m): This project involves Casino’s expansion program, which includes casino renovation, new hotel, entertainment center, parking structure, pedestrian bridges, alignment of entry and exit roads, and various other improvements.
Transtech provided following services:
Building Plan Check and Inspection.
Fire Plan Check.
Transtech serves as the Tribe’s and Casino’s (they are 2 sperate entities) Contract Building Official, Plan Checker, Inspector and Fire Marshall.
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.
Engineering Plan Check and Inspection.
Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
CITY OF SOUTH PASADENA
Project: 820 Mission Development LLC (Project Value: $10M). This project is a new office building with one residential unit above, new 15-unit townhome cluster with office fronting Mission Street with one-level subterranean parking,
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.
Transtech serves as the City’s Contract Building Official.
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.
Engineering Plan Check and Inspection.
Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.11
SAMPLE ELECTRONIC PLAN CHECKS:
• Following pages include sample snap shots of various types of electronic plan checks. • Also, links for each plan check is provided to review full plan check documents.
SAMPLE STREET IMPROVEMENT ELECTRONIC PLAN CHECK
Sample of an electronic plan check of a street improvement plan by Transtech (City of Commerce) Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer For complete plans checked electronically, please click on the following link:
https://www.dropbox.com/sh/3i5tqii0q7qhdxh/AADi-PTcNS59ITFaCUOC640Fa?dl=0
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.12
SAMPLE MAP ELECTRONIC PLAN CHECK
Sample of an electronic plan check of a parcel map by Transtech (City of Temple City) Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer For complete plans checked electronically, please click on the following link:
https://www.dropbox.com/sh/cedfr61mvinwng1/AADZ0hxFmSS73EYyitHiaLpLa?dl=0
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.13
D. SERVICE APPROACH
Plan Check Processing:
When a plan check order is received, it is logged and reviewed 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 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.
Quick Turn Around and Expedited Service:
Transtech will provide plan checks on a quick turn-around schedule. Transtech also provides expedited service when requested.
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
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.14
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.
✓ All telephone calls or e-mails received are returned within the same working day, or the following day.
We take pride in our “Same Day Response” motto.
✓ Responsiveness is an integral part of Transtech’s “customer friendly” service approach. ✓ We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and conduct business.
✓ Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services.
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.15
E. REFERENCES
CITY OF WEST COVINA (Year started and completed: 2019 – Ongoing Service) Reference Contact:
• Paulina Morales, Acting City Manager; T: 626-939-8401; E: [email protected] Services Provided:
✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician ✓ City Engineering Services: City Engineer, City Traffic Engineer, PW Plan Check, Map Check, Design, CIP and Construction Management, PW Inspection, Fed Proj Management CITY OF ALHAMBRA (Year started and completed: 1993 – Ongoing Service) Reference Contact:
• Andrew Ho, Community Development Director; T: 626-570-5041; E: [email protected] Services Provided:
✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician ✓ City Engineering Services: City Engineer, City Traffic Engineer, PW Plan Check, Map Check, Design, CIP and Construction Management, PW Inspection, Fed Proj Management CITY OF TEMPLE CITY (Year started and completed: 2012 – Ongoing Service) Reference Contact:
• Bryan Cook, City Manager; T: 626-285-2171; E: [email protected] Services Provided:
✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician ✓ City Engineering Services: City Engineer, City Traffic Engineer, PW Plan Check, Map Check, Design, CIP and Construction Management, PW Inspection, Fed Proj Management CITY OF SOUTH EL MONTE (Year started and completed: 2018 – Ongoing Service) Reference Contact:
• Contact: Rene Salas, City Manager, T: 626-579-6540, E: [email protected] Services Provided:
✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician ✓ City Engineering Services: City Engineer, City Traffic Engineer, PW Plan Check, Map Check, Design, CIP and Construction Management, PW Inspection, Fed Proj Management CITY OF COMMERCE (Year started and completed: 2003 – Ongoing Service) Reference Contact:
• Vilko Domic, Assistant City Engineer; T: 323-722-4805; E: [email protected] Services Provided:
✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician ✓ City Engineering Services: City Engineer, City Traffic Engineer, PW Plan Check, Map Check, Design, CIP and Construction Management, PW Inspection, Fed Proj Management Following are reference letters from the above references:
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.16
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.17
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.18
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.19
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.20
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
II. Qualifications and Experience II.21
E. LINKS TO SAMPLE PLAN CHECK AND INSPECTIONS AS REQUESTED BY RFP Following are links for sample Plan Check and Inspection as requested by the City:
LID PLAN CHECK SAMPLES
LID PC SAMPLE, CAR WASH
https://www.dropbox.com/scl/fi/cq2sppz4ef5kuei4syrp4/LID-PC-SAMPLE-CARWASH.pdf?rlkey=4dzsebthryn7haoibpoeb1uxf&dl=0
LID PC SAMPLE, HILLSIDE
https://www.dropbox.com/scl/fi/dwl1xoef2v00anqq5jo2n/LID-PC-SAMPLEHILLSIDE.pdf?rlkey=lgt2h19df6ru8x2e2vkctmaql&dl=0
LID PC SAMPLE, MULTIFAMILY DWELLINGS
https://www.dropbox.com/scl/fi/u0li6cx22nehkmtdtuwec/LID-PC-SAMPLE-MULTIFAMILYDWELLINGS.pdf?rlkey=gznfy2c9h0avmtkkdwljjyere&dl=0 For Landscape Plan Review and Inspection Support, we use the following subconsultant:
• LANDSCAPE PLAN REVIEW AND INSPECTION 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. 13367 Benson Ave
Chino, CA 91710
www.transtech.org
855.595.2495 (toll-free)
S u b m i t t e d B y :
TRANSTECH Engineers, Inc.
Contact Person for this Proposal:
Okan Demirci, PE, QSD/P
Principal Project Manager
E: [email protected]
C: 714-319-6137
Submitted To
City of LOMITA
Submittal Requirement: by email to [email protected] Fee Proposal
AS-NEEDED
ENGINEERING
AND
LAND DEVELOPMENT
SERVICES
Fee Proposal 1
September 20, 2023
City of LOMITA (Submittal Requirement: by email to [email protected]) Fee Proposal
AS-NEEDED ENGINEERING AND LAND DEVELOPMENT SERVICES
As required, Fee Proposal is submitted separately.
www.transtech.org
855.595.2495 (toll-free)
About TRANSTECH
Video Highlight:
CLICK HERE
Thank you for the opportunity to submit this proposal.
Sincerely
Okan Demirci, PE, QSD/P, Principal Project Manager Ahmad Ansari, PE, Contract Principal E: [email protected]; C: 714-319-6137 E: [email protected]; C: 949-702-5612 Fee Proposal 2
Following is Transtech’s Fee Rates for all staff classifications effective July 1, 2023 thru June 30, 2024:
Field Technician $85 - $95 Labor Compliance Analyst $145 - $155 Engineering Technician $95 - $105 Funds Coordinator $150 - $160 Assistant CAD Drafter $105 - $120 Office Engineer $145 - $155 Senior CAD Drafter $120 - $135 Construction Inspector $140 - $150 Associate Designer $135 - $150 Senior Construction Inspector $150 - $160 Senior Designer $150 - $165 Construction Manager $170 - $185 Design Project Manager $190 - $200 Resident Engineer $185 - $200 Assistant Engineer $115 - $125
Associate / Staff Engineer $145 - $160 Public Works Inspector $140 - $150 Senior Civil Engineer $200 - $220 Senior Public Works Inspector $150 - $160 Traffic Analyst Technician $100 - $110 Supervising PW Inspector $160 - $170 Associate Traffic Analyst $150 - $160
Senior Traffic Analyst $160 - $170 Survey Analyst $150 - $155 Professional Transportation Planner $170 - $185 Senior Survey Analyst $155 - $160 Traffic Engineer Technician $95 - $105 2-Man Survey Crew $345 - $360 Associate/Staff Traffic Engineer $145 - $160 Survey & Mapping Specialist $185 - $200 Traffic Engineer $170 - $185 Licensed Land Surveyor $210 - $220 Senior Traffic Engineer $185 - $205
Project Manager $185 - $205 Funds Analyst $145 - $150
Senior Project Manager $205 - $220 Senior Funds Analyst $150 - $160 Deputy City Engineer $170 - $190 Grant Writer $165 - $170 City Engineer $190 - $205 Funds & Grant Project Manager $185 - $195 Principal Engineer $205 - $225
Community Development Technician $80 - $90
Permit Technician $75 - $85 Planning Technician $90 - $100 Plan Check Technician/Analyst/Supervisor $125 - $140 Assistant Planner $100 - $120 Building Inspector $115 - $130 Associate Planner $120 - $140 Senior Inspector $125 - $140 Senior Planner $145 - $165 Plans Examiner/Checker $140 - $155 Planning Manager $170 - $190 Plan Check Engineer $150 - $170
Deputy Building Official $160 - $170 Administrative/Clerical $70 - $80 Building Official $165 - $180 Project Accountant $80 - $90 TRANSTECH ENGINEERS, INC.
SCHEDULE OF HOURLY RATES
Effective: July 1, 2023 - June 30, 2024
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